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.

Orange County Pedestrian Accidents

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), pedestrian accidents in the city of Santa Ana caused seven fatalities and injured 145 people. Throughout Orange County, 41 people were killed and 864 were injured in pedestrian accidents, during the same year.

Laws Relating to Pedestrians

Based on this news report, the pedestrian was not in a crosswalk or intersection at the time of the accident. California Vehicle Code Section 21954 states: “Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.” The same section also states: “The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.”

Liability Issues

The family of a deceased pedestrian accident victim would be well advised to speak with an experienced Santa Ana personal injury lawyer, who will stay on top of the official investigation and help protect their legal rights and best interests. In cases involving negligence or wrongdoing, the at-fault driver can be held liable for medical bills, funeral expenses, lost future wages, loss of companionship, and other related damages. A skilled car accident attorney can also help determine whether a dangerous roadway condition caused or contributed to the incident. If that was the case, the city or governmental agency responsible for maintaining the roadway can be held liable. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a public entity must be filed within 180 days of the incident.

Pedestrian Killed in Santa Ana Car Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

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.

My heartfelt condolences go out to the family and friends of Holly Barish-Sablich following this tragic car accident. Please keep them in your thoughts and prayers.

Orange County Pedestrian Accident Statistics

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but six injuries reported as a result of Seal Beach pedestrian accidents. Countywide, there were 41 fatalities and 864 injuries reported due to pedestrian accidents, during the same year.

Pedestrian Laws

Based on this news report, the victim was attempting to cross the road where there was no crosswalk. California Vehicle Code Section 21954 states: “Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.” It also states “The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.”

Liability Issues

In this particular case, if the driver of the SUV is determined to have been at fault, then, he or she can be held liable for the victim’s wrongful death. An experienced Seal Beach personal injury lawyer will be able to determine whether a dangerous condition on the roadway caused or contributed to this accident. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a governmental agency must be filed within 180 days of the incident.

Pedestrian Killed in Seal Beach Car Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

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

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

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

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.

San Jose Man Dead After Motorcycle/DUI Crash is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

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.

Tragic Loss for Victim's Family

My heart goes out to Mauer's family. The woman was apparently a star softball player and four-year letter winner at Fountain Valley High School and played for Central Arizona College before transferring to San Jose State where she set a school record by striking out 15 batters in a single game. She was also chosen as one of 15 college players to compete in the World University games in Bangkok, Thailand. What a tragedy that a life with such rich potential was snuffed out in an instant because of a distracted driver!

Vehicular Manslaughter

Gross vehicular manslaughter is a felony offense. In this case, the incident does not involve an intoxicated driver. However, it does involve the exercise of gross negligence. Officials say there is no evidence that Nicolas was texting or talking on the phone. However, there are many other distractions that take drivers' attention off the roadway. Examples include eating, drinking, reading, grooming or applying makeup, looking at something outside, talking to someone else inside the vehicle, changing CDs, fiddling with temperature controls or looking at a map or GPS device. The National Highway Traffic Safety Administration defines distracted driving as any act that takes the driver's hands off the wheel, eyes off the roadway or attention away from driving.

Protecting Victims' Rights

These are tragedies that can absolutely be avoided if drivers are focused on driving when they get in the car. Most of us may have the best of intentions. However, when we make poor choices as drivers, the consequences can be devastating for all concerned, as in this case. Victims of distracted driving accidents or their families 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 their legal rights and best interests are protected.

Driver Faces Charges for Distracted Driving in Fatal Orange County Car Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers