Wrongful Death

Reginal Daniel Futch Jr., 44, was killed in a Mission Viejo motorcycle accident after his Harley-Davidson went out of control and struck a median, the night of April 1, 2012. According to a news report in The Orange County Register, the fatal motorcycle crash occurred along Marguerite Parkway in Mission Viejo. Officials say Futch was traveling at a high rate of speed when he lost control, struck the median and was thrown from his vehicle. Officials are still investigating the cause of this motorcycle collision.

My heartfelt condolences go out to the family and friends of Reginal Daniel Futch Jr. following this tragic accident. Please keep them in your thoughts and prayers.

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Ashley Sandau, 24, of Canyon Country, was fatally injured in a Los Angeles car accident after a vehicle struck her while she was crossing the street. According to a news report in The Echo Park Patch, the crash occurred in the 2800 block of Rowena Avenue near West Silver Lake Drive in the Silver Lake area of Los Angeles, the night of March 30, 2012. Police say Sandau was trying to cross the roadway outside a crosswalk when she was hit and that poor visibility may have also caused the collision. An investigation is ongoing.

I offer my deepest condolences to the family members and friends of Ashley Sandau for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.

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Caltrans is getting ready to install a temporary median barrier at Laurel Curve on Highway 17 starting this week. On March 16, 2012, 57-year-old Gerard Wener of Brentwood was killed in a car accident after his southbound vehicle veered through an opening in the highway and crashed into two northbound cars. According to a report in the San Jose Mercury News, for a long time now, the California Highway Patrol and safety advocates have been pleading with Caltrans to put in a protective barrier at that location between Los Gatos and Scotts Valley to prevent crossover crashes like the one that killed Wener. The barrier is expected to be constructed within two days.

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Ruben Terriquez, 18, was killed in a Riverside car accident after the vehicle in which he was a passenger collided with another car while street racing, early morning on March 11, 2012. According to a news report in The Press-Enterprise, the fatal car accident occurred on Mitchell Avenue near Norwood Avenue. Police say 18-year-old Jesus Gamez was drunk while driving a 1994 Mustang. He was racing another car when he hit speeds estimated at 120 mph.

The Mustang skidded into a parked Honda and struck a utility pole. Terriquez, who was a passenger in the Mustang, died while Gamez suffered non-life-threatening injuries. He is facing a number of criminal charges including vehicular manslaughter. The driver of the car Gamez was racing could also face charges. That vehicle left the scene and officials are looking for the driver. An investigation is ongoing.

I offer my deepest condolences to everyone who knew and loved Ruben Terriquez for their devastating loss. Please keep them in your thoughts and prayers.

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A male pedestrian was killed in a bus accident after a Long Beach Transit Bus struck him, the night of March 6, 2012. According to a news report in The Press-Telegram, the fatal pedestrian accident occurred when the man stepped into the westbound lanes of the Second Street Bridge or Davies Bridge. The victim, who was about 50 years old, was pronounced dead at the scene of the crash. Officials say the collision occurred just west of the bridge on the down slope. The passenger bus struck the pedestrian in the right front area of the bus. An investigation is ongoing.

I offer my deepest condolences to the family members and friends of this deceased victim. Please keep this grieving family in your thoughts and prayers.

Long Beach Pedestrian Accidents

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), there were nine fatalities and 211 injuries involving Long Beach pedestrian accidents. In Los Angeles County as a whole, pedestrian accidents claimed 179 lives and injured 4,918 people, during the same year.

Laws Relating to Pedestrians

Based on this news report, it is not clear exactly where the man was walking at the time of the collision. Was he in a marked or unmarked crosswalk? Motorists are required under California law to yield the right-of-way to pedestrians in marked or unmarked crosswalks.

California Vehicle Code Section 21950 states: "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection." The same section also states: "This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk."

Liability Issues

In such cases, families of deceased victims would be well advised to contact an experienced Long Beach personal injury lawyer, who will stay on top of the official investigation and ensure that their legal rights and best interests are protected. If the bus driver is determined to have been negligent, both the driver and his or her employer can be held liable for the victim’s wrongful death. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to accident victims or their families.

Karla Bracamonte, 29, was killed in a Riverside County car accident after an SUV struck her, the evening of February 26, 2012. According to a news report in The Press Enterprise, the fatal pedestrian accident occurred along Seventh Street near Grand Avenue in San Jacinto. A westbound 2004 Dodge Durango hit Bracamonte. She was pronounced dead at the scene. No other details have been released about the circumstances of this accident. The investigation is ongoing.

I offer my deepest condolences to the family members and friends of Karla Bracamonte for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.

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World War II veteran Robert Mathiasen, 87, was killed and his wife, 83-year-old Lorraine Mathiasen, was critically injured in a Riverside County car accident after a vehicle hit them as they were crossing a roadway. According to a news report in The Desert Sun, the fatal car accident occurred the night of February 24, 2012. Police say the couple was crossing the street outside a crosswalk on North Palm Canyon Drive, between Via Escuela and Vista Chino, when a northbound Ford Taurus struck them. The driver of the Ford remained at the scene and has not been charged. The investigation is ongoing.

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A man was killed in a Santa Ana car accident after a van struck him as he crossed the road. According to a news report in The Orange County Register, the fatal pedestrian accident occurred on First Street in Santa Ana, the night of February 6, 2012. Officials say the man was walking outside of a crosswalk when the vehicle hit him. He was pronounced dead at the scene of the accident. The driver remained at the crash site and was not arrested. Officials say alcohol was not involved. They are still investigating the cause of this fatal pedestrian accident.

I offer my deepest condolences to the family members and friends of the man who was killed in this car accident. Please keep them in your thoughts and prayers.

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Holly Barish-Sablich, 22, was killed in a Seal Beach car accident after being hit by an SUV while crossing the roadway. According to a news report in The Long Beach Press-Telegram, the fatal pedestrian accident occurred on the Pacific Coast Highway north of Anderson Street in Seal Beach, the night of February 5, 2012. Officials say the victim was crossing the road outside of a crosswalk or controlled intersection when the vehicle struck her. She was pronounced dead at the scene of the crash. It is not clear what caused the accident or if the driver will be cited for the collision.

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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.