Three people were injured in an Orange County car accident involving a trailer, which got disconnected from a truck and veered through traffic. According to a news report in The Orange County Register, the truck accident occurred on the northbound 57 at Tonner Canyon in Brea, the morning of February 3, 2012. Officials say a trailer unhooked from a truck, crossed lanes of traffic and landed in the carpool lane. A Chevy pickup truck in the carpool lane managed to stop and avoid the trailer, as a white Nissan Sentra came to a stop behind the Chevy. A black Sentra then moved from the fast lane and crashed into the back of the white Sentra. The three injured victims were in the white Sentra. It is unclear if anyone will be cited for the crash.

My thoughts and prayers are with the injured victims of this Orange County car crash. I wish them all the very best for a complete and speedy recovery.

Orange County Accident Statistics

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), one person was killed and 186 were injured in Brea car accidents. During that same year, there were 141 fatalities and 13,373 injuries reported as a result of Orange County car accidents.

Runaway Trailers

Based on this news report, the collisions occurred after a trailer came loose from a truck. There are several questions here. What caused the trailer to become unattached and how could have this accident been prevented? Was the truck driver or his or her employer (trucking or distribution company) responsible for the loose trailer? Runaway trailer accident can result in devastating injuries. According to the National Highway Traffic Safety Administration (NHTSA) there were 64,275 accidents resulting in 425 deaths and 16,482 injuries involving runaway trailers in the year 2005, the most current year for which these numbers are available.

Liability Issues

Victims of runaway trailer accidents would be well advised to discuss their legal rights and options with an experienced Orange County personal injury lawyer. The at-fault party may be held liable for the victim’s medical bills, time away from work, and other related damages. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to car accident victims and their families.

Runaway Trailer Causes Orange County Car Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

The pharmaceutical industry is a billion-dollar industry, especially in the United States where there is a "magic pill" for almost anything, whether it is a cold or indigestion. This does not mean that medications are not necessary, however; there are many conditions, such as diabetes, that are managed with drugs.

Pharmaceutical companies, though they know people are counting on their products to make them feel better, are usually more focused on distributing and profiting from their drugs as soon as possible. In order to do so, drug manufacturers often fail to subject their products to sufficient and/or comprehensive safety tests or clinical trials. Drug manufacturers may also avoid labeling their products with information that may lead to decreased use. This seems to have been the case with the type 2 diabetes drug Actos.

Actos and Bladder Cancer

Actos, a pioglitazone-containing drug manufactured by Takeda Pharmaceuticals, became the go-to diabetes drug after Avandia was criticized for its heart problem risks. Actos, which helps regulate blood sugar along with proper diet and exercise, was approved by the U.S. Food and Drug Administration (FDA) in 1999, though its preclinical carcinogenicity studies on male rats showed the development of bladder tumors. Actos did include a vague warning in the “Precautions” section of the label, but this did not require changes in prescription or warn patients of the increased risk of bladder cancer.

Relabeling Actos

A further study, conducted by the FDA and Takeda Pharmaceuticals, concluded that patients using Actos were indeed at an increased risk for bladder cancer. This study took 10 years. Although the FDA approved updated drug labels and physicians were advised on how to prescribe Actos and to whom, this does not help the patients who had been using Actos during the 10 years of the study, who perhaps should not have been taking it.

Obtaining the Compensation You Deserve

If you or a loved one has been diagnosed with bladder cancer in Massachusetts as the result of your long-term use of Actos, you may have cause for legal action. Experienced and dedicated Massachusetts Actos bladder cancer attorneys can help you hold negligent pharmaceutical companies liable for their negligence.

Diabetes Drug Actos Conclusively Linked to Bladder Cancer is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

The California Department of Public Health has slapped a $100,000 fine on a care facility in Daly City for nursing home neglect. According to a news report in The Associated Press, Seton Medical Center is facing the most severe penalty allowed under state law in connection with the death of an 81-year-old woman. Officials say, a nurse at the facility left the cap on a breathing tube that was inserted into the woman’s trachea. The woman suffocated and died. State officials said the nursing home received the maximum penalty because it did not have a policy in place for properly inserting the device, which is known as a “T-piece.”

I offer my deepest sympathies to the family members of this elderly patient who died as a result of negligence. They will be in my thoughts and prayers.

Serious Deficiencies in Nursing Homes

More than 1.5 million people live in nursing homes nationwide. That number has only been increasing and is expected to go up in the coming years. According to the Government Accountability Office, about one-fifth of nursing homes in the nation were cited for serious deficiencies – those that jeopardized the life of the patient – in 2008. The GAO report cited poor quality of care such as worsening pressure sores or untreated weight loss in a high number of nursing homes. These deficiencies, the report stated, puts nursing home residents in “immediate jeopardy,” which means that they are at risk of death or serious injury.

Failure to Meet Standards

Nursing homes are required to meet federal standards as a condition of participating in Medicare and Medicaid, which cover more than two-thirds of their residents at a cost of more than $75 billion a year. In this particular case, the nursing home in Daly City seems to have committed a fatal error because they did not have a policy in place when it came to inserting a T-piece.

A number of incidents involving nursing home neglect or nursing home abuse occur due to understaffing in nursing homes. When care facilities hire fewer staff and keep untrained or unqualified personnel on staff, because they are cheaper, and overwork them, it creates an environment that is ripe for abuse and neglect. Such situations stem from nursing homes putting profits ahead of the people they are supposed to serve.

Compensation for Victims’ Families

A family that has lost a loved one as a result of nursing home neglect can file a wrongful death claim against the at-fault facility. Victims’ families in such cases would be well advised to contact an experienced California personal injury lawyer, who has experience successfully handling similar cases and holding nursing homes accountable for their wrongdoing. The best nursing home abuse law firms always offer a free consultation and comprehensive case evaluation to victims or their families.

Nursing Home Fined $100,000 for Resident’s Death is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

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.

Who is at Fault After an Irvine Personal Injury Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

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.

Skateboarder Dies After Being Struck by Car is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

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.

A Landmark Case

Donald Earl Childress III, who teaches civil law at Pepperdine University’s School of Law, states that Peters’ win could lead the way for litigation strategy in California and other states. It proves, Childress said, that a well-informed plaintiff who chooses not to take the class-action route and take matters into their own hands in the correct manner, could be vindicated in Small Claims Court. It might just take one person, he says, to stand up and get the win, and others will follow.

This will be an interesting issue to follow as Honda and other corporations must now decide if they want to utilize their team of lawyers to snuff out small claims cases. Under California law, corporations are not allowed to use their legal defense teams in small claims court, but they can do so during the appeals process to force such claims back into the class-action litigation process. Peters has also launched a campaign through her web site, DontSettleWithHonda.org, which talks about how she filed her lawsuit against the automaker.

How to be Successful with Small Claims

As a California personal injury lawyer, it has been my experience that even some personal injury matters are better handled by the injured party themselves rather than hiring an attorney or law firm. There are cases that can be handled quickly and efficiently in Small Claims Court. Reputable law firms will be able to give you an honest assessment of your claim, the value of your claim and the options you have before you, including the option to handle the matter yourself in Small Claims Court.

Handling things yourself may seem overwhelming at first. However, once you get started with the process, you may find it to be simpler than what you expected. By representing yourself in court, you will not have to share your award with attorneys or law firms. Whatever you get as compensation will you yours and the satisfaction you get out of it will be significantly higher. It’s really tough to put a price on holding a wrongdoer accountable. If you are looking to pursue such cases on your own, remember, there are resources available to you.

Woman Sues Honda over Hybrid’s Fuel Economy in Small Claims Court and Wins is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

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.

My thoughts and prayers are with the injured victim of this Orange County accident. I wish this victim the very best for a complete and speedy recovery.

Orange County Car Accident Statistics

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), one person was killed and 186 were injured in Brea car accidents. During that same year, 141 fatalities and 13,373 injuries occurred as a result of Orange County car accidents.

What Caused This Three-Car Collision?

Based on this news account, the driver of the Mazda caused the three-car collision by initially veering into the path of the truck. I trust investigators are looking into why the driver made the unsafe lane change. Was the driver of the Mazda exceeding the speed limit, driving distracted, or otherwise negligent at the time?

California Vehicle Code Section 21658 (a) states that whenever a roadway has been divided into two or more clearly marked lanes for traffic in one direction the vehicle "shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety."

Liability Issues

Injured victims in such cases would be well advised to contact an experienced Orange County personal injury lawyer, who will stay on top of the official investigation and ensure that the negligent parties are held liable. Victims can seek compensation to cover expenses including medical expenses, loss of wages and benefits, cost of hospitalization, rehabilitation and other related damages. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to car accident victims and their families.

One Injured in Brea Car Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

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.

My thoughts and prayers are with the injured victims of this car accident. I wish them the very best for a speedy and complete recovery.

Orange County Car Accidents

According to the California Highway Patrol's 2009 Statewide Integrated Traffic Records System (SWITRS), six fatalities and 725 injuries occurred involving car accidents in Orange. Countywide, 141 people died and 13,373 were injured as a result of car accidents, during the same year.

Causes and Compensation Issues

Based on this news report, it appears that the elderly driver of the Cadillac inadvertently stepped on the gas instead of the brakes and accelerated into the store. There are several questions here. Was the driver capable of driving at her age? Did she have a valid driver's license? Was she distracted by something or inattentive at the time? Was she somehow disoriented? I trust officials are looking into these factors and also evaluating the woman's ability to drive a vehicle.

If this accident is determined to have been the elderly driver's fault, then, she can be held liable for the injuries and damages sustained. In such cases, injured victims can seek compensation to cover medical expenses, loss of wages and benefits, cost of hospitalization, rehabilitation and other related damages. Victims would be well advised to contact an experienced Orange County personal injury lawyer, who will analyze all aspects of the incident and ensure that the negligent parties are held liable. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to pedestrian accident victims and their families.

Elderly Driver Crashes into Orange County Doughnut Shop, Injures Three is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

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.

Gas Leak Sparks Fears of Explosion, Evacuations Ensue is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

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.

My heart goes out to the critically injured victim of this hit-and-run car accident. I wish her the very best for a speedy and complete recovery. Please keep this girl and her family in your thoughts and prayers.

Pedestrian Accident Statistics

According to California Highway Patrol's 2009 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but 14 injuries reported as a result of Monrovia pedestrian accidents. In Los Angeles County as a whole, 179 people died and 4,918 were injured due to pedestrian accidents, during the same year.

Leaving the Scene of the Crash

Based on this news report, it appears that the driver hit the young girl and then fled the scene without even stopping to help the child. What kind of a person strikes and injures a child and leaves him or her lying on the roadway without care or medical attention? Appalling! Not only is leaving the scene of an injury accident an inhumane and irresponsible act, but it is also illegal.

California Vehicle Code Section 20001 (a) states: "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident."

Fault and Liability

I'm relieved to hear that this driver, who was also apparently driving without a license, was apprehended. In such cases, injured victims and their families can claim compensation from the at-fault driver for damages such as medical expenses, cost of hospitalization, surgeries, rehabilitation, and pain and suffering. A knowledgeable Los Angeles personal injury lawyer will better advise victims and their families about how their own auto insurance policy applies to an incident where the at-fault driver is uninsured or underinsured.

12-year-old Girl Injured in Monrovia Hit-and-Run Crash is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers