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

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

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.

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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

Eric Ford, 21, was killed in a Buena Park car accident when a vehicle struck him as he crossed the street. According to a news release made available on the Orange County Coroner's web site, the fatal pedestrian accident occurred on Beach Boulevard near Crescent Avenue in Buena Park, the afternoon of January 21, 2012. It is not clear how the accident occurred or who was at fault. Ford succumbed to his injuries on January 23, 2012. The news account does not specify if the driver was responsible for the crash.

My heart goes out to the family and friends of Eric Ford for their terrible loss. 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), Buena Park pedestrian accidents claimed the life of one person and injured 29 people. During that same year, 41 fatalities and 864 injuries occurred due to pedestrian accidents in Orange County.

What Caused This Fatal Crash?

The release provides no information regarding how the collision occurred. It appears that Ford was crossing the roadway near an intersection, but it not clear if he was actually in a crosswalk at the time. Under California law, motorists are required to yield the right of way to pedestrians walking in marked or unmarked crosswalks.

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.” Drivers involved in pedestrian accidents because they fail to exercise due care may be held liable for their actions.

Liability Issues

The family of a victim killed in a pedestrian accident would be well advised to contact an experienced Orange County personal injury lawyer, who will stay abreast of the ongoing investigation and ensure that their legal rights are protected. If it is determined in this accident that Ford was killed because of driver negligence, the at-fault motorist can be held responsible for his wrongful death. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to victims or their families.

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

Evert Walker, 24, of Lake Forest, was killed in an Orange County car accident after he lost control of his vehicle and crashed. According to a news report in The Orange County Register, the fatal car accident occurred early morning on January 14, 2012 on the 73 Toll Road in San Juan Capistrano. California Highway Patrol officials say Walker's Dodge Dakota veered to the left of the roadway, crashed into a guardrail and a raised concrete pole base, before catching fire. Officials are still looking into the cause of this fatal crash. Anyone with information is asked to contact CHP officials at 949-487-4000.

I offer my deepest condolences to the family members and friends of Evert Walker for their devastating loss. Please keep them in your thoughts and prayers.

Orange County Car Accidents

According to CHP's 2009 Statewide Integrated Traffic Records System (SWITRS), one person died and 154 were injured in San Juan Capistrano car accidents. In Orange County as a whole, 141 people died and 13,373 were injured due to car accidents, during the same year.

What Caused This Crash?

Based on this news report, it is unclear as to how or why this fiery collision occurred. Officials are not sure how fast Walker was driving at the time. There are several other unanswered questions here. Was there an auto defect or mechanical malfunction in Walker's vehicle at the time? Was there a dangerous condition on the roadway, which caused him to lose control? Were other vehicles involved? For instance, did another driver run Walker off the roadway? I trust officials are looking into these and other factors in order to determine what occurred here and why.

Liability Issues

In such cases, it would be a good idea to preserve the vehicle in its current condition, unaltered, so an expert can thoroughly examine it for vehicle defects, mechanical failure and other evidence. In cases where negligence is involved, the family of a deceased victim can file a wrongful death claim seeking compensation for damages including medical expenses, funeral costs, and lost future income and benefits. Victims' families would be well advised to contact an experienced Orange County personal injury lawyer, who will analyze all facets 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 accident victims or their families.

Man Killed in Fiery Orange County Car Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Anaheim wrongful death attorneys don’t have the best reputation; they are personal injury lawyers, and some people feel that it is a less than honorable profession. The attorneys at Bisnar and Chase work to contradict stereotypes placed on what they do on a daily basis, contributing their own time and money to help those who are less fortunate in the community. Not only do our attorneys participate, but our entire staff enjoys spending our time contributing to community fundraising events and group donations.

At Bisnar and Chase we are treated well and enjoy a high standard of living. Bisnar and Chase partners, John Bisnar and Brian Chase, have instilled a passion for community outreach in all of us and we work together to share our blessings with those who are less fortunate.

Bisnar and Chase Giving Spotlight

In 1978, John Bisnar started Bisnar and Associates, later joining with Brian Chase to form Bisnar and Chase. Since then, they have assisted more than 6,000 clients with their accident claims recovering hundreds of millions of dollars for catastrophically injured victims. They believe that there good fortune deserves to be shared, and we are more than happy to participate in their tremendous acts of generosity. The following are a list of events that Bisnar and Chase either hosts or participates in, in many cases being awarded the distinction of top contributor.

• Turkey Giveaway for OC Residents
• Orange County Adopt A Family
• Local M.A.D.D. Events
• Student Video Sponsorships
• Loree Glenn’s AIDS Bicycle Fundraisers
• Avon Walk for Breast Cancer

Wrongful Death Attorneys in Anaheim

Hopefully, you will never need to contact us. If you do, our wrongful death lawyers in Anaheim offer a free professional consultation with no obligation. We also provide a No Win No Fee guarantee ensuring that if your case is not won, you do not have to pay us a dime.

Anaheim Wrongful Death Attorneys Give Back To Orange County is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Alfonso Guzman and Guillermina Millan-Guadarrama, both 37, were killed in a Santa Ana car accident, which officials say also seriously injured the woman's three children. According to a news report in The Orange County Register, the fatal crash occurred the night of January 1, 2012. Guzman who was driving a sedan carrying the four passengers, was apparently traveling at speeds of up to 80 mph near West 5th Street and English Street.

Guzman then swerved around a vehicle that was stopped to make a left turn at the intersection when he lost control of his car. The vehicle hit a curb, sheared a metal sign and landed upside down in the front yard of a home. Guzman and Millan-Guadarrama died at the scene. Millan-Guadarrama's three children – ages 2, 6 and 10 – suffered major injuries, but are expected to recover. Witnesses said the group was driving to a church service when the crash occurred. An investigation is ongoing.

My thoughts and prayers are with the family members and friends of Guillermina Millan-Guadarrama and Alfonso Guzman. My heart goes out to the three children who were not only seriously injured, but also saw their mother die in the incident. I pray for the children's emotional and physical recovery.

Car Accident Statistics

According to California Highway Patrol's 2009 Statewide Integrated Traffic Records System (SWITRS), Santa Ana car accidents claimed 11 lives and injured 1,359 people. During the same year, 141 people died and 13,373 were injured due to Orange County car accidents.

Excessive Speed

If the details of this news report are accurate, it appears that the driver of the sedan, Guzman, was traveling well over the speed limit in that residential neighborhood. 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."

Protecting Victims' Rights

In such cases where negligence was a factor, victims' families would be well advised to contact an experienced Santa Ana personal injury lawyer, who will stay abreast of the official investigation and ensure that their legal rights and best interests are protected. In cases where the at-fault motorist is deceased, injured victims may be able to seek compensation from his or her estate and liability insurance. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to car accident victims or their families.

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

Miguel Melchor, 21, was killed in a Riverside car accident which officials say, involved a drunk driver. According to a news article in The Press-Enterprise, the fatal DUI crash occurred at the intersection of Rancho California Road and Meadows Parkway in Temecula, the night of December 24 2011. Officials report the driver of a white Toyota Tacoma pickup was under the influence of alcohol when he drove through a red light and collided with a Toyota Tundra pickup. Melchor was pronounced dead at a nearby medical center and three others were hospitalized with injuries.

My heartfelt condolences go out to the family and friends of Miguel Melchor for their terrible loss. My thoughts and prayers are also with the injured victims of this tragic car crash. I wish them all the best for a complete and speedy recovery.

Riverside County DUI Statistics

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), three people were killed and 17 were injured as a result of DUI collisions in the city of Temecula. During that same year, there were 87 fatalities and 986 injuries reported as a result of alcohol-related crashes, in Riverside County as a whole.

Violation of Laws

Based on this news report, the driver of the Toyota Tacoma was not only driving under the influence, but also ran a red light at the intersection before crashing into the other vehicle. California Vehicle Code Section 21453 (a) states: "A driver facing a circular red signal shall stop at the limit line before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown."

According to California Vehicle Code Section 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges under California Penal Code Section 191.5 (a).

Liability Issues

In such cases where negligence or wrongdoing is involved, the family of a deceased victim would be well advised to contact an experienced Riverside personal injury lawyer, who has a successful track record of financially pursuing drunk and negligent drivers. Family members can file a wrongful death claim against the at-fault party seeking compensation for medical expenses, funeral costs, lost future income and benefits, loss of companionship, and other related damages. For more information about the dangers of driving under the influence, please visit the Mothers Against Drunk Driving (MADD) web site at www.madd.org.

Temecula DUI Collision Proves Fatal is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers