California Personal Injury Attorneys » California

Woman Killed in Ford SUV Rollover Accident

Toni — Sat, 31 Jul 2010 07:56:58 +0000

Twana Williamson, 59, was killed in a rollover accident after losing control of her vehicle and crashing. According to a news report in The Union Democrat, Williamson was driving east on Upper Skyridge drive the afternoon of July 24, 2010 in her Ford Escape SUV when she lost control at a turn near Lower Skyridge. The vehicle veered off the roadway, swiped a tree and hit a rock retaining wall. California Highway Patrol officials say Williamson may not have been wearing a seatbelt. She was ejected from the vehicle through the windshield and sustained fatal injuries.

This sudden and tragic accident must be heartbreaking for everyone who knew and loved Twana Williamson. Please keep this grieving family in your thoughts and prayers.

Rollover Accident Statistics

The National Highway Traffic Safety Administration (NHTSA) reports that rollover crashes are responsible for at least 10,000 fatalities each year in the United States. That number accounts for about 25 percent of all traffic accident fatalities in the United States. Each year, there are about 40,000 fatal car accidents in the United States.

What Caused this Crash?

Based on this news report, it is not clear what may have caused this tragic accident. Was there a vehicle defect or mechanical malfunction in the vehicle? Did speed play a role? Was another vehicle involved in this incident? For example, was Williamson run off the road by another vehicle? I trust officials are looking into these and other issues in order to determine how or why this crash occurred.

Auto Product Liability Issues

As auto product liability lawyers who have represented victims injured in SUV rollover accidents, we know that SUVs by design are prone to such accidents. SUVs usually have a higher center of gravity and narrower track width, which increases the likelihood of them tipping over even at lower speeds. In this particular case, I would also be interested to find out whether Williamson was ejected because she wasn't buckled up or because of a seatbelt defect.

It would be in the best interests of the victim's family in this case to preserve the vehicle in its current, crashed condition, unaltered, so it can be carefully examined by an expert for malfunctions, product defects and other evidence. An experienced California personal injury lawyer, who has successfully handled auto product liability cases involving large auto makers, will be able to advise victims or their families about their legal rights and options.

Do you feel safe in your vehicle? What are the auto product defects you may read or hear about, that most concern you?

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

Woman Killed in Ford SUV Rollover Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Packaged Baby Spinach in California Recalled for Possible E. coli Contamination

Toni — Mon, 12 Jul 2010 22:24:33 +0000

Health officials in California are warning consumers about packaged spinach products that have been recalled over food poisoning concerns. According to a news report in The Press-Enterprise, the baby spinach products were recalled by Ready Pac Foods Inc. because of possible E. coli contamination. California Department of Public Health officials say that the deadly bacteria were found in routine surveillance samples. So far, no illnesses have been reported. The recalled spinach bags were produced and distributed in California between June 21 and June 27 and were sold in six-ounce packages under the Ready Pac label.

E. coli Symptoms

E. coli infection has the potential to cause catastrophic injuries or even death. The most common symptoms of an E. coli infection include abdominal cramps, chills and bloody diarrhea. The bacteria mostly affect the elderly, the young and those with weak immune systems. Often E. coli infections may not be serious. However, in some cases, an E. coli infection may lead to a serious condition called hemolytic uremic syndrome (HUS), which can cause permanent kidney damage or even death.

Liability Issues in Food Poisoning Cases

In this particular case, officials say there have been no illnesses. However, consumers who eat contaminated foods and are stricken with food-borne illnesses do have legal rights. Food producers and manufacturers have an obligation to consumers to put safe foods in the market. They are also required under federal and state food safety laws to keep the food production and distribution areas clean and store food at the right temperatures. The responsibility to serve safe food to consumers also falls on restaurants and other establishments.

If you have been sickened by badly or improperly manufactured or stored food, you can seek compensation for any injuries or damages caused such as medical expenses, loss of earnings, cost of hospitalization, pain and suffering and any diagnostic tests or additional costs incurred as a result. In cases where food poisoning results in permanent organ damage or catastrophic health effects, injured victims can also seek compensation for the cost of long-term care. An experiencedCalifornia personal injury lawyer will be able to advise you in such cases about your legal rights and options. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to victims and their families.

Have you ever suffered from food poisoning? We invite you to share your experiences with us.

Packaged Baby Spinach in California Recalled for Possible E. coli Contamination is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Jury Slaps $671 Million Fine on Nursing Home Operator for Inadequate Staffing

Joyce — Sat, 10 Jul 2010 22:35:00 +0000

An Orange County nursing home operator has been handed a $671-million fine by a jury in Humboldt County for understaffing several of its facilities, which resulted in substandard care. The Daily Breeze reports that a class action lawsuit against Skilled Healthcare Group Inc. alleged that the company violated California laws that make it mandatory for nursing homes to provide 3.2 nursing hours per patient per day. Lack of adequate skilled nursing staff in such facilities is said to be one of the main causes of nursing home negligence and abuse in the United States.

Jury Award

Jurors in this case awarded about 32,000 plaintiffs $613 million in statutory damages and $58 million in restitution. The punitive damages portion of this class action lawsuit is still pending. Plaintiffs alleged in the class action that the nursing homes were not provided proper care to their residents because they kept their facilities deliberately understaffed in order to boost or maintain profits. This resulted in serious violations that had the potential to cause personal injury or even death to residents.

Class Action Lawsuits

This case is an example of how a class-action lawsuit can result in victory for consumers. This particular case shows that our civil justice system works very well especially when it comes to holding wrongdoers accountable for their actions. It is a well-known fact that for-profit nursing homes deliberately keep their staffing levels low. Nurse's aides, who have little or no experience, tend do perform tedious jobs that require skill, training and tenacity. As a result, patients in these nursing homes get neglected or even abused by frustrated, underpaid nurses or inexperienced aides.

The drive to maximize profits motivates these companies to cut corners and shortchange the consumers who put them in business in the first place. It is wrong to allow these nursing homes to thrive by exploiting those who are among the most vulnerable sections of our society – senior citizens. When juries send a strong message to understaffing nursing homes, it will hopefully deter others from taking a similar route in the future. If your loved one is a victim of nursing home neglect, please contact an experienced California personal injury lawyer for more information about how to pursue your rights.

Do you have a loved one in a nursing home? What are your biggest concerns about the type of care they receive?

Jury Slaps $671 Million Fine on Nursing Home Operator for Inadequate Staffing is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Hit-and-Run Collision in Colusa County Causes Injury

Joyce — Fri, 09 Jul 2010 22:16:46 +0000

Sean Birney, 40, was injured in a hit-and-run collision in Colusa County the morning of July 3, 2010. According to a news report in the Colusa County Sun-Herald, 42-year-old Anita Bordelon was driving a 1995 GMC pickup truck, heading north on the 5 Freeway near Arbuckle, when she changed lanes and struck a 1999 Jaguar driven by Birney. He sustained injuries in the collision, but was able to pull over and call authorities. Bordelon fled the scene, but was found in a rest area a short time later and arrested on suspicion of felony hit-and-run. Birney was transported to a hospital for treatment of injuries, which were not life-threatening.

It is indeed fortunate that Birney was not seriously injured in this crash. I wish him the very best for a speedy and complete recovery.

Car Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were six fatalities and 114 injuries involving car accidents in the unincorporated areas of Colusa County. Also, countywide, six people died and 138 were injured as a result of car accidents during the same year.

Hit-and-Run

Based on this news report, Bordelon struck Birney's Jaguar when she was changing lanes. CHP officials say Bordelon was traveling with her 13-year-old daughter and driving at about 80 mph. It is not yet clear whether she was under the influence of alcohol or drugs, or whether she was distracted, or driving recklessly at the time of the accident. However, Bordelon violated the law when she left the scene of the accident.

California Vehicle Code 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." The law requires motorists to stop and remain at the scene of the accident until authorities arrive. Drivers are also required to exchange important information and get help for those injured in the crash.

Claim for Compensation

In such cases, where negligence or wrongdoing may have been a factor, injured victims would be well-advised to seek the counsel of an experienced California personal injury lawyer, who will advise them about their legal rights and options. Injured victims can seek compensation from the at-fault party for medical expenses, property damage, hospitalization, physical therapy and other related damages.

What are some ideas you have to curb hit-and-run incidents? We would like to hear your comments and suggestions on this important issue.

Hit-and-Run Collision in Colusa County Causes Injury is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Hit-and-Run Crash Leaves Firefighter in Critical Condition

Joyce — Sat, 03 Jul 2010 07:01:35 +0000

A Tulare County firefighter identified as Patrick Hynds was critically injured in a car accident after he was struck by a driver while responding to a car fire. According to a news report in the Hanford Sentinel, the hit-and-run collision occurred the morning of June 26, 2010, when Hynds and Fire Captain Davon Gregory were trying to put out a car fire near 4th Avenue. They were both struck by a white pickup truck, which did not stop at the scene. Gregory was not seriously injured, but Hynds suffered critical injuries and was transported to an area hospital for treatment.

I sympathize with this injured firefighter and his family. I wish him the very best for a quick and complete recovery. I also trust the hit-and-run driver in this case will be apprehended and brought to justice. It is indeed fortunate that Gregory was not seriously injured.

Car Accidents

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were four deaths and 177 injuries involving car accidents in Hanford. In Kings County as a whole, 24 people died and 529 were injured as a result of car accidents during the same year.

Hit-and-Run

Leaving the scene of an accident or hit-and-run is a serious crime under California Vehicle Code section 20001 (a). Motorists are required under the law to remain at the scene of the crash irrespective of whose fault the accident was. Motorists are also required to exchange important information such as insurance, driver's license, contact information and so on. Most importantly, they are required to obtain assistance for the injured victim.

Liability Issues

In addition to workers compensation benefits, Hynds and Gregory can also seek compensation from the at-fault driver, if located, or their car insurance, in this case. Injured victims can seek compensation to cover all medical expenses, lost wages and related expenses. The best California personal injury lawyers will always offer a free and comprehensive consultation to injured victims and their families.

Have you ever witnessed a hit-and-run crash? How did you react? We would like to hear about your experiences.

Hit-and-Run Crash Leaves Firefighter in Critical Condition is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

CHP Officer Killed in San Luis Obispo Car Accident

Joyce — Wed, 30 Jun 2010 23:37:46 +0000

California Highway Patrol Officer Brett Oswald, 47, was killed in a car accident the night of June 27, 2010 in San Luis Obispo after he was struck by a vehicle on River Road. According to a news report in the Lompoc Record, Kaylee A. Weisenberg, 22, the driver of the Toyota Corolla that hit Oswald, was charged with vehicular manslaughter with gross negligence in connection with this fatal crash.

Tragic Fatal Accident

CHP officials say the accident occurred when Oswald was responding to another car accident on River Road. He was waiting for a truck to tow away the abandoned, crashed vehicle when Weisenberg's northbound Toyota that was traveling at a high rate of speed crossed the double lines and hit Oswald and the side of his patrol car. The officer was thrown onto the hood of the Corolla and carried about 50 feet. Although alcohol was not a factor in this crash, officials say speed, weather conditions and driving ability were.

I offer my deepest condolences to the family and friends of Brett Oswald for their tragic and heartbreaking loss. His co-workers say he was an exemplary officer and a good human being. What a tragedy for everyone who knew and loved this man! Please keep his grieving family in your thoughts and prayers. This has also been a tough month for the California Highway Patrol that has lost five officers in the line of duty since May.

Reckless Driving Alleged

Based on this news report, it appears that alcohol or drugs were not an issue here. However, it seems that Weisenberg may have been speeding and driving recklessly, which likely prompted the vehicular manslaughter charges. California Vehicle Code Section 22350 (Basic Speed Law) states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic and on surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."

In this particular case, if it is determined that Weisenberg was at fault, then she could be held not only criminally responsible, but also financially liable to Oswald's family members for his wrongful death. Where negligence or wrongdoing is concerned, families of deceased victims could seek compensation from the at-fault party to cover medical and funeral expenses, lost future earnings, loss of love and companionship, and other related damages. The best California personal injury lawyers will always offer a free and comprehensive consultation to injured victims and their families.

How do you feel about the dangers CHP officers and other law enforcement officials face every day of their lives? Please share your opinions with us.

CHP Officer Killed in San Luis Obispo Car Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

California Man Seriously Injured in Bicycle Accident

Toni — Mon, 28 Jun 2010 22:22:10 +0000

A 56-year-old man from Lodi, California, was seriously injured in a car accident in Ada County, Iowa the morning of June 26, 2010 after he was struck by two vehicles. According to a KTVB news report, the cyclist was riding north on Highway 55, when a 34-year-old man driving a 2000 Mitsubishi Montero north on the highway, clipped the bicyclist with the passenger side mirror of his SUV. The rider fell off the bicycle and on to the highway where he was hit by a Ford pickup whose driver was unable to stop in time to avoid the collision. The bicyclist, who has not yet been identified, sustained serious leg injuries as well as internal injuries, but is expected to survive.

I sympathize with this bicyclist and his family. I certainly hope that this victim did not sustain any catastrophic injuries and wish him the very best for a speedy and complete recovery. Please keep him and his family in your thoughts and prayers.

What Caused this Accident?

Based on this news report, it appears it may take investigators several days to fully examine the crash and determine exactly what happened and who is at fault for this bicycle accident. Citations or charges are pending. Based on preliminary details, investigators say visibility may have been a factor in this particular case. The glare of the bright sun may have hampered the vision of both drivers. Officials are also issuing a warning to both motorists and bicyclists saying that they should take additional precautions while driving as this is a busy time of year for the nation's roadways.

Fault and Liability

If officials determine that the first driver or both drivers were at fault, then they can be held liable for the accident and injuries caused to the bicyclist. I trust officials are also looking into whether either one of the drivers was inebriated, distracted, reckless or otherwise negligent. In cases where negligence or wrongdoing is involved, injured victims can seek compensation to cover medical expenses, loss of wages, cost of hospitalization, rehabilitation, physical therapy, pain and suffering, and other related damages.

Victims and their families would be well-advised to contact an experienced personal injury lawyer, who will stay on top of the official investigation and make sure that their legal rights and best interests are protected. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

What safety precautions can motorists and bicyclists take to prevent accidents during this busy time of year?

California Man Seriously Injured in Bicycle Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

San Diego Man Killed in Big Rig Crash

Joyce — Fri, 25 Jun 2010 22:13:02 +0000

Frederick Matthews, 41, was killed in a fiery truck accident in Nevada, after he lost control of his rig and crashed. According to a 10news report, Matthews was hauling a load of lumber on June 21, 2010, when the truck speeded out of control to about 100 mph. He then entered a runaway truck ramp in an attempt to slow the truck down. The ramp was in fact designed to slow such runaway trucks, but failed to do so in this case. Matthews' family is now wondering what went wrong in this horrific crash.

My heart goes out to the family and friends of Frederick Matthews for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers. I hope their questions are answered and that they find much-needed closure.

Issues with the Truck Ramp

Family members are saying that the gravel on the ramp was piled up instead of being spread out. His mother, Elizabeth Matthews, says that she learned her son was trying to "stop and pump his brakes," but could not. Matthews' cab separated from the rig, became airborne, crashed into a nearby home and caught fire. A woman, who was in the house, was able to make it out safely. Witnesses report that Matthews was screaming for help and that his face was charred in the fire.

His family members say they are determined to fight for answers. They have two important questions. Why did the ramp not work as it was supposed to? Did the brakes in this truck fail? Nevada Highway Patrol officials are looking into why the ramp failed and are also inspecting the truck's maintenance records with regard to the possibility of brake failure.

Brake Failure

As California personal injury lawyers who have successfully represented many truck accident victims, we know that brake failure in big rigs occur due to two main reasons -- overloading of the truck and poor vehicle maintenance. In this case, I hope investigators are asking the question whether the truck was overloaded with lumber. Under federal regulations, commercial trucks are limited as to how much load they can carry and how that load is distributed in the rig.

Wrongful Death Claims

In this particular case, if the ramp was not properly maintained and failed to slow down the truck, then the governmental agency responsible for maintaining the ramp could be held liable for the victim's wrongful death. There are statute of limitations when it comes to filing personal injury or wrongful death claims against governmental agencies. An experienced personal injury lawyer will be able to better advise victims' families in such cases about their legal rights and options.

What are some tips you would offer to motorist to drive safely around big rigs?

San Diego Man Killed in Big Rig Crash is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Toddler Critically Injured in Dog Attack

Joyce — Thu, 17 Jun 2010 22:48:44 +0000

A 4-year-old boy sustained major injuries in a dog bite incident in San Bernardino as he was spending time in a relative's house. According to a news report in The Press Enterprise, the boy and his mother were from Michigan visiting family members in San Bernardino. Police say the child was playing in the backyard of a home in the 1500 block of West Windsor Street and had just picked up a toy. That was when the pit bull attacked, unprovoked and without warning. The boy sustained severe bites to the back of his head, buttocks, arms and hands. However, he is expected to survive. The boy's mother and grandmother were also injured as they tried to get the dog off the child. No one has been arrested or charged.

My heart goes out to this little boy who has apparently suffered serious personal injuries in this brutal dog attack. I truly hope this child will not be left with permanent scars and pray that he has a complete recovery.

Dog Bite Statistics

During the five-year period between January 1, 2005 and March 8, 2010, 158 fatal dog attacks took place in the United States, according to data released by Dogsbite.org. Pit bulls were responsible for 56 percent of these attacks. This amounts to a pit bull killing an American every 21.5 days. Rottweilers accounted for 15 percent of dog bite fatalities. Together, pit bulls and Rottweilers accounted for 70 percent of all dog attacks. The numbers also show that there were 32 dog bite-related deaths in 2009 – 14 caused by pit bulls and four by Rottweilers.

A Dangerous Breed?

Pit bull advocates often talk about "blame the owner, not the dog." Their argument is that the problem is not with the breed (pit bull), but with the way these dogs are trained by the owners. Just over the last month, we have written about at least half a dozen pit bull attacks in Southern California. A majority involved children, but these dogs don't spare adults either. In each one of these cases, including the most recent one in San Bernardino, the attacks were unprovoked. As a California personal injury lawyer who represents dog bite victims, I have seen tragic cases where children and adults are physically and emotionally traumatized by these attacks.

It is absurd to say that the media turn a blind eye when other breeds of dogs attack and injure people. How many times have you heard about a Golden Retriever or a Chihuahua mauling a child? Why is it that four times out of five, it's a pit bull that seriously injures or kills someone? Does it always happen because the owner was at fault or didn't care for the dog properly? These are important questions all of us must ask, objectively and dispassionately, in the interest of public safety.

What is your opinion of pit bulls as a breed? Do you believe they have a natural tendency to be more aggressive than other breeds of dogs?

Toddler Critically Injured in Dog Attack is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Girl Seriously Injured in Stockton Dog Attack

Toni — Sun, 23 May 2010 07:43:20 +0000

A dog bite incident in Stockton involving two pit bulls and several dogs, left three people injured, including a 6-year-old girl who sustained severe injuries. According to a news report in The Stockton Records, the dog attack occurred the afternoon May 16, 2010 when a babysitter was caring for the girl and another 10-year-old boy. It is not clear how exactly the attack broke out.

Police had to shoot the two pit bulls that apparently injured the two children and the babysitter as well as other dogs in the house. The girl is said to be the daughter of the dog owner. She sustained a broken arm and bites all over her body that will require surgery. Her injuries are thankfully not life-threatening.

I'm glad to note that no one was fatally injured in this pit bull attack, which could definitely have been a lot worse. The girl is lucky that she did not suffer any catastrophic injuries. I wish her and the other injured victims the very best for a speedy and complete recovery.

Dog Bite Law and Compensation for Victims

California has what is known as a "strict liability statute" when it comes to dog bites. California's Civil Code Section 3342 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." Injured victims can seek compensation to cover medical expenses, pain and suffering, emotional trauma and even cost of cosmetic surgery. In many cases, the dog owner's homeowner's insurance coverage will also be able to compensate the injured victim.

In such cases, injured victims would be well-advised to consult with an experienced
California personal injury lawyer who will fight for their legal rights and make sure that the negligent dog owners are held liable.

Do you believe that your city's dangerous dog laws protect you and your community?

Girl Seriously Injured in Stockton Dog Attack is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers