2009 April Archive

Dog bite fatalities can be found throughout the United States. DogsBite.org, a national dog bite victims' support group, has released their first three-year report on dog bites in the United States. This report covers the three-year period from January 1, 2006 to December 31, 2008 and analyzes data gathered from 88 fatal dog bite incidents. What did this report find about dog bites in America? Here are the results at a glance:

• Of the 88 fatal dog attacks, pit bulls were responsible for 59 percent or 52 incidents. The data also shows that pit bulls commit the vast majority of off-property attacks that result in deaths.
• Pit bulls are more likely to kill an adult than a child. In this three-year period, pit bulls killed more adults than they did children – 54 percent of those killed were adults.
• Of the six victim age groups documented, the 55 and older group suffered the most fatalities (26 percent) followed by the 2-4 age group (22 percent)
• Based on breed of dog, pit bulls accounted for 59 percent of fatal dog attacks, rottweilers, 14 percent, American bulldog and Husky, 5 percent each.

This dog bite fatality finding is more or less consistent with an earlier report released by the U.S. Centers for Disease Control, which states that pit bulls and rottweilers together account for 60 percent of fatal dog attacks.

Facts and numbers do not lie. It is time that we stop denying this information. California prohibits breed bans. However, a number of California cities and municipalities have started imposing more stringent regulations on pit bull owners such as restraining, spaying and neutering, and requiring liability insurance coverage. Insurance coverage is an important issue because in cases where the negligent dog owner does not have liability insurance the dog bite victim is forced to bear the costs and expenses associated with his or her personal injuries, which is extremely unfair. This study also dispels the myth that pit bulls or dogs in general attack only young children. As California dog bite attorneys, Bisnar | Chase is representing several adult dog bite victims who have undergone severe physical and emotional trauma as a result of such dog attacks. We will not rest until we have obtained justice and fair compensation for these injured victims.

At least five people died and dozens were injured in an Orange County based bus accident on Highway 101 in Soledad, California, carrying French tourists who crashed and rolled over on a freeway overpass, as the San Francisco Chronicle reports. Several passengers were thrown from the bus and onto the overpass as well as the freeway below. The death toll is expected to increase as many of the injured are believed to be in critical condition. Traffic investigators are looking into what caused this fatal bus accident.

The injured victims and families of the deceased will be able to file personal injury claims and wrongful death claims against the negligent parties even if they are French and not U.S. citizens or residents. The injured victims and their families should retain the services of expert California bus accident attorneys who will explain the legal process, their rights and how to get help with medical and other expenses. Victims and their families should not to give any statements to anyone, talk to investigators or adjusters or sign any documents or releases until they are represented by skilled California personal injury attorneys who would will provide a free, comprehensive consultation to any one of the passengers or their family.

A drunk driving suspect injured two women April 26, 2009 while committing several San Diego DUI car accidents on surface streets. The man finally collided head-on into a vehicle with the two women, in the Jamacha area, 10news reports. The car accident injured the drunk driver as well as the women, San Diego police officials said. The 38-year-old suspect and the two women--ages 41 and 58--were all hospitalized with personal injuries following the car collision in the 8600 block of San Vicente Street.

The man was driving east on San Vicente when he failed to negotiate a curve and crossed into the path of the women's westbound vehicle. The man suffered internal injuries. The 58-year-old woman was hospitalized with a broken foot while the 41-year-old female passenger suffered neck injuries.

I hope the two women who were injured in this DUI car accident are recovering from their personal injuries. I wish them both the very best for a speedy and complete recovery.

According to California Highway Patrol's 2007 traffic statistics, there were 41 fatal traffic accidents and 894 personal injury traffic accidents that were alcohol-related in the city of San Diego. In San Diego County as a whole, there were 116 deaths and 2,068 injuries as a result of alcohol-related traffic accidents in 2007.

It is not only irresponsible and unethical to drive drunk on California streets, it is also against the law. California Vehicle Code Section 23152 (a) states: "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." The same code section also states that it is illegal for any person with a blood alcohol content of 0.08 percent or more to drive a vehicle.

The injured victims would be well advised to consult with reputed California car accident lawyers, who are particularly experienced in handling drunk driving cases. If it turns out that this driver did not have auto insurance or sufficient insurance, then the injured victims may be able to recover compensation under the uninsured/underinsured motorist clause in their own motor vehicle insurance policy. A skilled California personal injury lawyer will also look into whether the San Diego Police Department followed proper procedure during their pursuit of this suspected drunk driver--a pursuit that apparently ended in this injury accident.

Mario R. Santizo, 58, was killed April 24, 2009 in a Los Angeles County car and motorcycle accident as he was riding his motorbike on the 210 Freeway. Five others were injured in the Los Angeles car accident, the Inland Valley Daily Bulletin reports. The injured victims were identified as Timothy G. Lee, 38; Samuel C. Urias, 56; Steve Falcon, 40, and his wife Rafalea Falcon, 39; and Tonisha Muhammad, 30. The multiple car accident began when a Lexus traveling at a high rate of speed, driven by Muhammad rear-ended a Toyota 4Runner driven by Alejandro Velasquez. Minutes later, Lee, the driver of a Toyota Camry, crashed into the disabled Lexus. As a result of the second car collision, the Lexus struck three passing motorcycles, according to California Highway Patrol officials.

Santizo, who was riding a 2004 Harley-Davidson, died from his personal injuries. Urias, who was riding a 2006 Yamaha suffered major motorcycle accident injuries. The Falcons also suffered major injuries. Velasquez was uninjured while Lee and Muhammad suffered minor to moderate injuries.

My heart goes out to the family and friends of Mario Santizo, who was killed in this horrific chain reaction car crash. I also hope and pray that the injured victims will get through this tough time and make a quick and complete recovery. I offer my deepest sympathies to Santizo's family and friends. Please keep Santizo's family and all these injured victims in your prayers.

Based on this newspaper report, it seems to me that the driver of the Lexus -- Tonisha Muhammad -- caused the initial car collision, which had a chain effect resulting in the other car collisions. If the initial report is accurate, Muhammad was speeding and had trouble controlling the Lexus. I trust officials are looking into whether she was driving recklessly or driving under the influence of alcohol.

The family of Mario R. Santizo and the other injured victims would be well-advised to contact experienced California car accident attorneys who can help determine who was negligent and who was at fault for this multiple car accident. The best California personal injury attorneys will not charge any fees for a comprehensive initial consultation.

Kevin Henry Sparks, 37, of San Bernardino was killed in a Riverside motorcycle accident, according to a news report in the Riverside Press Enterprise. Sparks was heading north on the Interstate 215 near Highway 74 the morning of April 26, 2009 when he drove off the freeway and hit a fence post in the field. Sparks was wearing a helmet at the time of the motorcycle crash. He was taken to a local hospital where he was pronounced dead. The cause of this fatal motorcycle accident is yet to be determined.

I offer my deepest sympathies to the family and friends of Kevin Henry Sparks for their tragic loss. My heart goes out to everyone who knew and loved Sparks. Please keep them in your prayers.

According to the California Highway Patrol's 2007 Statewide Integrated Traffic Reporting System, there was one motorcycle accident fatality and nine injuries reported in Perris as a result of motorcycle accidents. In Riverside County as a whole, 41 deaths and 562 injuries were reported as a result of motorcycle accidents in the year 2007.

From the news account of this particular Perris motorcycle accident, it is not quite clear why Sparks lost control of his motorcycle and went off the highway. It is possible it was caused by a dangerous condition on the highway. If that was the case, the governmental agency responsible for maintaining that section of the highway could be held liable. Motorcycle riders commonly lose control of their vehicles because of roadway defects such as uneven pavement or potholes. Motorcycle accidents could also occur because of a mechanical malfunction or a product defect in the vehicle that triggered a mechanical malfunction. In such cases, the manufacturer of the defective motorcycle product could be held liable for the motorcycle accident and personal injuries.

Kevin Henry Sparks' family would be well-advised to contact experienced California motorcycle accident attorneys, who will look into this incident and determine who or what caused this tragic accident. A skilled California personal injury attorney should also determine whether any other vehicle or a dangerous condition on the roadway could have caused or contributed to this motorcycle crash. The best motorcycle accident attorneys will always provide a free and comprehensive consultation and evaluation of your case.

Team-Tex America is recalling certain Babyride Infant child restraint systems (Model 374199) because the belt routing label with the "horizontal reference line" is incorrectly placed on the child restraint system. According to a report in the Auto Channel, these improperly routed belts could result in personal injury to the child during a crash. These defective child car seats were manufactured on December 18, 2008. Team-Tex has said that it will notify owners and mail labels along with instructions for proper placement of the label. This safety recall is expected to begin later this month. Anyone in need of more information is asked to contact Team-Tex at 1-877-912-1313.

Hundreds of children die each year in the United States because the child car seats are not properly placed in the vehicle. When that happens, children are not protected in the event of a car crash. But that said, any child car seat is still better than no car seat at all. Car seats save young lives just as seatbelts save thousands of lives each day in the United States. However, when these child car seats have defective parts, misleading information or mislabeling, then it becomes tough for parents to protect their children in the event of an car accident.

Defective baby seats have led to numerous personal injuries and deaths during traffic collisions and the manufacturers who produce such defective products must be held liable. Some of the product defects that may occur in baby seats include loose shoulder straps, flimsy parts, lack of proper pelvic protection, which allows the child to slide down in the seat during a car accident.
If your child has been injured or killed as a result of a defective child car seat, you should consult aggressive California product defect lawyers, who will protect your legal rights and recover the maximum monetary compensation for your losses. At Bisnar | Chase, our goal is not just recovering money, but also to right a wrong and help facilitate a process where manufacturers are forced to improve the quality of the products they design and make. We want to remind them that safety is not an option. It should be their top priority.

Jason William Schultz, 36, of Westchester was struck and killed in a Los Angeles car versus pedestrian accident while waiting for a bus the morning of April 23, 2009, the Daily Breeze reports. The deadly pedestrian accident occurred near the street intersection of Lincoln Boulevard and 83rd Street in Westchester's Loyola Village business district. Michael Schwartz, 64, was in a 2009 Nissan Altima driving south in the northbound lanes of Lincoln, when he ran off the road and struck Schultz and a bus bench before crashing into a wall.

My heart goes out to the family of Jason William Schultz for their sudden and tragic loss. He was obviously in the wrong place at the wrong time. Schultz on his way to work and taking the route he took everyday when this possible wrongful death accident occured. Tragic! I offer my deepest condolences to everyone who knew and loved this man. Please keep them in your prayers.

According to the California Highway Patrol's 2007 Statewide Integrated Traffic Reporting System, there were 90 pedestrian accident deaths in the city of Los Angeles. In Los Angeles County as a whole, there were 210 deaths and 5,095 injuries reported in 2007 as a result of pedestrian accidents.

In this particular case, officials are saying that Schwartz suffered a medical condition that rendered him unable to safely drive the vehicle. Schwartz has been hospitalized with severe personal injuries. He has not been charged with any crime. Police have also determined that drugs or alcohol were not involved in the car crash.

Schultz's family would be well-advised to contact experienced California pedestrian accident lawyers who will carefully examine the facts of the case and investigation reports to determine if there was any negligence here. It is important that the family members' rights and interests are protected here. A skilled California personal injury attorney will also determine whether there were other factors such as a dangerous roadway condition that may have contributed to this fatal car accident. Families of deceased traffic accident victims will be eligible to file wrongful death claims in cases where negligence or wrongdoing is involved. Such wrongful death claims compensate these families for medical/funeral expenses, loss of earnings and other related damages and losses.

A car product defect that caused a Los Angeles bus fire on April 23, 2009 injured 27 people in suburban Calabasas, according to an Associated Press report. The Commuter Express was heading north on Highway 101 a few miles northwest of Los Angeles when it caught fire. The driver noticed flames and smoke coming from the rear of the bus. The driver pulled over and the 37 passengers aboard the bus were able to escape. However, 26 people were treated at the scene for smoke inhalation while one woman was taken to the hospital for further observation. The cause of this fire is under investigation. Officials say it started in the engine compartment and may have been caused by a mechanical malfunction.

It is indeed a relief that this Calabasas California bus accident did not turn out to be catastrophic. With 37 passengers on board and flames shooting out, the bus could have crashed on the freeway, which would have made the personal injuries far more serious. Smoke inhalation, is however, not to be taken lightly. I wish all the injured passengers the very best for a quick and complete recovery.

What is smoke inhalation? Basically, it happens when you breathe in smoke from a fire, Breathing in a large amount of smoke can be dangerous because it can burn your throat and airways. Sometimes, smoke from a fire has poisonous gases in it which can cause breathing problems. Some of the most common symptoms of smoke inhalation include upset stomach, vomiting, headache, inability to speak or sore throat, drowsiness, headache and confusion.

I would be curious to find out what caused the mechanical malfunction in this bus that triggered the fire. Was it a car product defect or a mechanical problem caused by poor maintenance or just lack of maintenance? When a car accident is a result of a product defect, the auto product manufacturer can be held liable for the car collision and personal injuries caused. When a bus accident is caused by negligence on the part of a driver or a bus company (which includes lack of proper vehicle maintenance), the bus operator could be held liable. If you have been injured in a California bus accident, please contact experienced California bus accident attorneys to find out more about your legal rights and options.

A 2-year-old boy suffered a severe facial injury in a Newport Beach dog bite incident the afternoon of April 20, 2009, The Orange County Register reports. He is now recovering from a serious dog bite to the face by an unattended German Shepherd at the Newport Pier. The boy apparently had petted the dog, which was tied to the tree without incident while walking by with his parents. A few minutes later, standing about 2 feet away, the child wanted to say goodbye to the dog when it lunged forward, jumped on him and bit the boy without any provocation.

The mother said she kicked the dog in the head to get it away from her son. The German Shepherd dog bite resulted in six stitches. The boy's face was so swollen after the dog attack that it was hard for doctors to determine whether the child's nose was broken. The dog's owner was located and was able to provide documentation of rabies vaccinations. Officials will be placing the dog under quarantine to watch for any symptoms of rabies. A decision on whether to euthanize the dog will depend on the outcome of the ongoing investigation, Orange County Animal Control officials say.

I'm relieved that little this little boy is recovering from this horrific dog attack case. I hope and pray his dog bite injuries heal and that he also recovers emotionally from this incident. I wish him the very best for a quick and complete recovery.

I agree with the mother that this owner was irresponsible to leave his dog unattended although it was tied to a tree. I hope Newport Beach police are also looking into whether this German Shepherd had a history of attacking humans or other animals. However, California has a "strict liability statute" when it comes to California dog bite cases, which means a dog owner is responsible for personal injuries or damages suffered by any person who is bitten by the dog in a public place or in private property, provided they are there legally.

In California a person bitten by a dog sues in state court under California’s Civil Code Section 3342 which states: "The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness."

The family would be well-advised to retain the services of an experienced Orange County dog bite lawyer, who can help them protect their son's legal rights and make sure they get fair compensation to pay for medical expenses and future medical treatment if necessary. Bisnar | Chase has represented families of young dog bite victims and we have seen in many cases that children often need plastic surgery to help remedy the scars. In some cases, the scars cannot be repaired. Children and adult dog bite victims also suffer emotionally and psychologically and often need therapy to deal with their fears and apprehensions stemming from the attack.

Douglas Tarry, 27, was killed in a San Diego car accident after his truck was struck head-on by a suspected drunk driver who was trying to elude police, the San Diego Union-Tribune reports. The incident began the evening of April 19, 2009 on the Interstate 15 when a California Highway Patrol spotted 23-year-old Silvero Morales Romero speeding in a 2001 Ford Explorer and pulled him over. Romero, who was driving without a license, took off after the officer asked him for identification. Romero continued to drive on the freeway at 100 mph before getting onto State Route 76, CHP officials said.

The pursuing officer at the time lost sight of the Explorer but continued to follow with his lights and sirens off after slowing down. Romero then crossed over the double yellow lines and collided head-on with a 1999 Toyota pickup driven by Douglas Tarry. Romero also crashed into a 2004 Ford F-350 being driven by a 50-year-old man. Both he and his wife suffered minor injuries. Tarry was taken to a local hospital where he was pronounced dead on arrival. After the car crash Romero crawled out of the truck and tried to hop away from the scene although one of his legs was severed, officials said. He was arrested on suspicion of vehicular manslaughter, hit-and-run, driving under the influence and evading arrest.

My heart goes out to the family of Douglas Tarry, who was tragically killed in this senseless car crash. I offer my deepest condolences to everyone who knew and loved Tarry. Apparently, he was a promising young musician whose life was tragically cut short. Please keep his family and friends in your prayers.

There seems to be no question here that Romero was at fault for the car accident. Given the fact that he had no driver's license, it would not be a stretch to assume that he was also driving without auto insurance. Tarry's family may be able to receive compensation from the uninsured/underinsured motorist clause in his auto insurance policy, should Romero lack insurance or sufficient insurance.

In this case, there is also the issue of the CHP pursuit and whether the officer followed his department's policies and procedures during his pursuit of Romero. CHP supervisors said that in a pursuit, it is up to the individual officer to decide whether to continue it. The question here is that whether the CHP officer was justified in continuing to pursue Romero. Was it worth putting other lives at risk?

Tarry's family would be well advised to contact experienced California car accident attorneys, who have a successful track record of dealing with all the above issues. In cases where negligence or wrongdoing is involved, families of deceased victims may be able to file a wrongful death claim, which provides compensation for medical/funeral expenses, loss of earnings, and other related costs.