California Personal Injury Attorneys

After an Irvine personal injury accident, there may be some argument about who was actually at fault.  The answer to that question will depend on the circumstances of the accident, and may actually hinge on which party is more believable to a judge or a jury.  In some cases, there is no clear “at-fault” person, and then it may be up to a court to decide who bears the burden of fault for an Irvine personal injury accident.

While this type of situation is not common, it does happen.  Suppose that you were driving through an intersection and were hit by another car.  There were no witnesses to the accident, and the other driver claims you ran the red light.  You claim that the accident was his fault, and that you had the right of way.  In an argument like this, it is nearly impossible to determine who is actually telling the truth.  The police who arrive at the accident scene may make a judgment as to who was at fault, but that judgment can be colored by the personalities of the drivers and other factors, including alcohol use.  Assuming there is absolutely no way to tell who is at fault, both drivers may find themselves in a reciprocal lawsuit for damages.  This means that both drivers sue each other, claiming that the other driver was at fault and should pay for damages.  In such a case, it might come down to what a judge and jury believe on “preponderance of evidence.”  In a civil trial, the jury or judge only has to be 51 percent convinced in order to find for a plaintiff or defendant, not convinced “beyond a reasonable doubt” as in criminal cases.

Scenarios like the one above do happen, but far more commonly it is clear who was at fault for an Irvine personal injury accident.  Many times there are witnesses to a car accident, and someone is able to tell the police that the other driver was at fault in running the red light.  For slip-and-fall accidents, there may be no witnesses, but if the floor is clearly wet, it is relatively certain that it caused the fall.  For dog bite accidents, it is always assumed that the owner should have control of the animal.  For every type of Irvine personal injury accident, there are similar protocols for determining fault.

Once fault is determined, your Irvine personal injury accident attorney will want to file a claim for damages.  How much of this money you are able to collect will, again, depend on the circumstances of your accident, but a general rule is that you can collect all of your “real” expenses such as medical and property damage, and some of your “abstract” expenses such as pain and suffering.  A good Irvine personal injury accident lawyer will be able to calculate how much your claim is worth and know when you have reached a good settlement figure in negotiations with the defendant or his or her insurance company.

February 2, 2012—Berkeley, CA—an 18-year-old skateboarder died after a serious car accident in which he was struck by a vehicle on January 31.

Tyler DeMartini, of Berkeley, was riding a skateboard on Marin Avenue when a 54-year-old Berkeley man, operating a Toyota Prius, struck him as the car attempted to turn left onto Tulare Avenue.

DeMartini was taken to a local trauma center where efforts were made to save him, but he succumbed to his injuries on Wednesday.  Police say that the driver, whose name has not been released, cooperated fully with police and did not appear to be intoxicated.

I want to express my heartfelt condolences to the family and friends of Mr. DeMartini on this tragic accident.

Accident Statistics

According to the National Safety Council, more than 50,000 people are treated for skateboard-related injuries every year, not including accidents involving motorized skateboards and inline skates.  While the most common injuries are abrasions to the hands, arms, and legs, head and neck injuries are not uncommon.  The American Academy of Pediatrics has stated that children under five should not be using skateboards at all, and those between six and ten should only use them under close adult supervision.

The National Safety Council also recommends the use of protective gear when operating a skateboard.

What Happened In This Accident

Unfortunately, it does not appear that safety gear would have made a tremendous difference in the outcome of this car accident, which could actually be classified as a pedestrian/motor vehicle collision as well.  The circumstances under which Mr. DeMartini was hit are still under investigation, but drivers usually have a duty to allow pedestrians, bicyclists, and skateboarders to take the right of way in any situation, and the responsibility falls on the driver of the car to avoid hitting them.  In this case, the car did not yield the right of way to the skateboarder, regardless of the circumstances which led up to the accident.

Liability Issues

While the investigation is still ongoing, it is likely that the driver of the car will find himself with liability issues regarding this accident.  As the accident involved the death of a young person, that liability could be significant.  In a case such as this, where there was apparently no illegal activity such as drinking and driving, liability can still be an issue for a driver who fails to yield the right of way.  Hopefully a professional personal injury attorney will examine the facts and make a determination about the damages which should be awarded in this case.

Los Angeles resident and former lawyer Heather Peters won a significant victory against American Honda Motor Company in Small Claims Court. Peters was awarded $9,867.19 in damages, which is just about the maximum $10,000 allowed in Small Claims Court. The Los Angeles Times reports that at the heart of this Honda small claims lawsuit was the issue of fuel economy. Peters said Honda misled its consumers by claiming that the Honda Civic Hybrid vehicle could achieve as much as 50 miles per gallon. But, she found out after purchasing the vehicle that it did not get more than 42 miles per gallon “even on its best day.” What’s worse, that number dropped to below 30 mpg after a software update intended to prolong the car’s battery life was installed.

Taking Matters into her Own Hands

Peters sued Honda in Small Claims Court after learning that the proposed settlement covering her 2006 model vehicle would leave her with as little as $100 and a few rebate coupons – pocket change compared to the $8.5 million that trial lawyers would get paid. So Peters, who is a former lawyer, decided to take matters in her own hands, in her pursuit of justice. Although the small-claims judgment in this case is unusual and makes a statement on behalf of consumers, Peters may have a tough time collecting the money she won. Honda has vowed to appeal the Small Claim Court’s decision.

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One person was injured in an Orange County car accident involving three vehicles, the morning of January 31, 2012. According to a news report in The Orange County Register, the collision occurred in the southbound lanes of the 57 Freeway at Lambert Road in Brea. Officials say a Mazda veered into a Ford truck, which then struck a BMW. The BMW hit the center divider. One person in the BMW was transported to an area hospital with non-life-threatening injuries. It is not clear what caused the driver of the Mazda to enter into the path of the Ford, or if the motorist will be cited for the collision.

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Four people were injured in an Orange County car accident after an elderly driver lost control of her vehicle and crashed into a doughnut shop. According to a news report in The Orange County Register, the injury collision occurred at 3744 E. Chapman Ave. in Orange on January 30, 2012. Police say the woman, who is in her 90s, accidentally stepped on the gas pedal of her Cadillac Northstar instead of the brake and accelerated. The Cadillac crashed into the patio of the doughnut shop, DK's Donuts, and struck three men. The men and the elderly driver were transported to area hospitals with unknown injuries.

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January 28, 2012—San Bruno, CA—The 500 Block of Chestnut Avenue experienced a complete evacuation of all homes on January 24 due to a leak in a gas pipeline which authorities were concerned would explode.  No one was reported to be injured during the incident, and all houses were safely evacuated.  Residents were allowed to return to their homes after about 45 minutes, when it was determined the lead was not dangerous.  Workers were able to cap the gas leak without further incident.

Authorities were concerned due to similarities to an explosion which occurred in 2010 about two miles from this location.  In that incident, 8 people were killed and 38 homes were destroyed.

I want to extend my congratulations to the residents of Chestnut Avenue on the successful evacuation and return to their homes, and to the authorities who were proactive in preventing possible injuries.

Accident Statistics

The deadly 2010 explosion was an example of a public utilities gas explosion which led to injuries, property damages, and deaths.  Each year, mining explosions are responsible for the deaths of thousands, but most gas explosions in mines happen in developing countries, where safety procedures are not as well-defined or well-enforced as in the United States.

However, troubling statistics emerged from the investigation into the 2010 San Bruno deaths.  The National Transportation Safety Board has publicly stated that many communities throughout the United States are in danger from aging pipeline systems which could result at any time in a deadly explosion.

What Happened In This Accident

While there were, thankfully, no deaths or injuries in this accident, it is clear that the San Bruno incident is not an isolated case.  Leaks in older gasline systems are common; it remains to be seen how the NTSB and other agencies will deal with this problem.

In San Bruno, authorities were taking no chances.  After the 2010 incident, any gas lead is apparently taken very seriously, and authorities responded promptly to the threat by ordering evacuations of residents.  In a safety threat such as this, human life must always be protected first; property comes second.

Liability Issues

While I commend the San Bruno authorities for their prompt response to this threat, it is disturbing that, after such a deadly gas explosion, the problem of gas leads still plagues the city.  Liability could easily attach to the city or the authorities if another deadly explosion occurred and proper measures had not been taken to protect residents.  A professional personal injury attorney should investigate the ongoing attempts by the city to replace the dangerous pipeline components with safer models; if these actions are not taken, it is highly likely that another accident could occur, and blame could be laid on the city or county.

A 12-year-old girl was severely injured in a Los Angeles car accident, which officials say was caused by a hit-and-run driver, the afternoon of January 27, 2012. According to a report in The Pasadena Star-News, the collision occurred at the intersection of Huntington Avenue and Canyon Boulevard in Monrovia, when the young victim was walking with some other children. A 1995 Infiniti J30 struck the girl and left the scene. The pedestrian was hospitalized in critical condition, but is said to be improving. Police arrested 23-year-old Emma Tapia-Gonzalez a few hours after the incident. She has been charged with felony hit-and-run and driving without a valid license. An investigation is ongoing.

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January 28, 2012—San Jose, CA—A 25-year-old man is dead after a collision between his motorcycle and a car on January 26, and the driver of the car is believed to have been under the influence of alcohol at the time of the crash.

Christopher Kalaveras was pronounced dead at the scene after the motorcycle he was riding collided with a car driven by 35-year-old Aaron Keith Taylor near the Lawrence Expressway.  The roads were very slick at the time due to rain.  Taylor was charged with the accident and police initially indicated that he would be charged with felony DUI.

However, the police later changed the charges to a misdemeanor, and Taylor is scheduled for a hearing on March 5.  Police released Taylor from custody pending his hearing.  There has been no official word on the reason for the change in charges, or whether Taylor has employed legal representation.

My heartfelt condolences go out to the family and friends of Mr. Kalaveras.

Accident Statistics

In 2009, 10,839 fatalities occurred on United States highways which involved alcohol—a full 32 percent of all fatal accidents.  29 percent of all DUI fatalities were motorcycle riders.

Every state has made a Blood Alcohol Content, or BAC, of .08 or higher illegal.  However, states do not have uniform policies on how drivers with BACs over .08 are charged.  In some states, DUIs are felony charges for the first arrest; in others, repeat offenders may be charged with a felony.

What Happened In This Accident

While it is unclear what prompted police to lower the charges, especially in light of the victim’s death, it is possible that the driver’s BAC actually was slightly under the legal threshold.  In that case, California law still permits the driver to be charged, although the charge rests on the officer’s observation and opinion that the driver should not be operating a vehicle, due to failing a field sobriety test or for some other reason.

Of course, whether the suspect’s BAC was .08 percent or not, if his actions led to the death of this motorcycle rider, it is likely that a professional personal injury attorney can establish a strong case for liability in a civil suit.

Liability Issues

Liability in an automobile accident rests with the at-fault driver.  If a driver causes injuries or death, he or she is liable for those injuries.

In this case, it appears that the driver of the car will have liability for the death of the victim.  An expert personal injury lawyer should examine the facts of the case and make a determination about the best course of action for the victim’s family to recover damages.

Jorene Ypanto Nicolas, 29, of San Diego has been arrested in connection with an Orange County car accident, which killed 23-year-old Deanna Mauer. According to a news report in The Orange County Register, prosecutors say Nicolas was distracted or inattentive at the time of the April 27, 2011 accident, which caused Mauer's death. Nicolas rammed Mauer's car from behind at 80 mph. Officials say they don't have evidence that Nicolas was using a cell phone when she caused the rear-end collision.

But they say it is clear that she was distracted because traffic on the northbound 405 Freeway near Edwards Street in Fountain Valley had stopped for several seconds. Nicolas did not even slow down or attempt to hit the brakes before slamming into Mauer's Hyundai sedan. Nicolas has been charged with one count of felony vehicular manslaughter with gross negligence in connection with this Fountain Valley car accident. She faces up to six years in state prison if convicted.

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A motorcyclist was severely injured in aLos Angeles car accident that may have involved a rear-end collision. According to a news report in The San Gabriel Valley Tribune, the motorcycle accident occurred on Harbor Boulevard near Dublin Way in Rowland Heights, the morning of January 25, 2012. Officials say the motorcycle may have rear-ended a vehicle. The victim suffered serious injuries including a broken leg. It is unclear how the collision occurred or if anyone will be cited for the crash.

My thoughts and prayers are with the injured victim of this Los Angeles motorcycle accident. I wish the motorcyclist the very best for a complete and speedy recovery.

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