Orange County Accident Lawyer Blog

Another Tragic Cycling Accident In Newport Beach

Last Sunday, a bicyclist died in the hospital where he had been recovering from injuries he sustained in a Newport Beach cycling accident. An Orange County injury attorney explains how the risk to bicyclists of suffering serious of fatal injuries has been escalating in Newport Beach.

Garden Grove bicyclist injured in hit-and-run

A hit-and-run driver left a 53-year-old bicyclist seriously injured after an early Friday morning accident. If you have been seriously injured in an Orange County bicycle accident, seek a lawyer who specializes in Southern California bicycle injury cases. Call the bike accident attorneys at Allen, Flatt, Ballidis and Leslie to learn about your rights as a bicyclist.1-866-981-5596.

New government policy may prevent OC bicycle accidents

Last month, Transportation Secretary LaHood announced a new government policy that walking and bicycling should be treated as equal to other transportation modes. This is good news for Orange County's bicyclists and pedestrians. This policy will help clean our air, promote energy efficiency, encourage exercise and most importantly, protect the lives of bicyclists and pedestrians. The Orange County personal injury attorneys at Allen, Flatt, Ballidis and Leslie have represented the victims of pedestrian accidents and bicycle accidents throughout California. If you have been seriously injured in a bicycle or pedestrian accident, contact our office at 866-981-5596.

Cyclists rally to show support for victim of hit and run in LA.

Hit and run victim is recovering in a hospital while fellow riders protest by riding the cycles along the route where he was hit. The driver was found, but not arrested, despite pleas from the victim for help.

UCI students hit while riding their bicycles to school

UCI students hit while riding their bicycles to school. Some simple steps to safety from an experienced Orange County accident lawyer.

A California jury decides in rapid fire that defendant guilty of manslaughter for texting while driving.

The family of Danny Oates cried silently as the verdict was read for the defendant, Jeffrey Woods. Woods had pleaded not guilty to texting while driving and ultimately striking Oats as he rode his bicycle in 2007. It took the jury just two hours to review the facts and find Woods guilty of manslaughter. He was texting and under the influence of prescriptions medicines—a combination that would end tragically for a young boy on his bike.
Woods could face a maximum sentence up to 10 years in state prison. The strong sentence will not bring back a 14 year- old Huntington Beach boy, but it will send a strong message to drivers who continue to text while driving here in California.
As new technologies help us to multi-task more efficiently in our everyday lives, the cell phone is by far the most popular. According to Cellular Communications, there are now over 276 million U.S. subscribers to cell phone. In addition, these people are not only talking on their phones but texting over 110 billion times in 2008.
Currently 18 states and the District of Columbia have laws banning texting while driving and the restrictions, although not perfect, have made a difference in accident rates in those states. Accidents rates due to texting while driving are down significantly both in Orange County and throughout California.
The first offense will cost you $76 and additional offenses are around $190, although the fees can vary between different counties. Even if you are stopped at a traffic light, you are still prohibited from using your handheld device. Any law enforcement personnel can give you a citation while you are operating your vehicle, driving or not.
As of July 1st, 2008, it has been illegal for any motorist to use any handheld wireless device while driving a car in California. Additionally, anyone under the age of 18 is prohibited from using either a handheld or hands free type device. The newest Wireless Communication Device Law that became effective January 1, 2009 states that no one can write, send or read any text-based communication on a handheld device while driving a motor vehicle.
Current studies now show that texting while driving increases your potential for a auto accident by a  factor of four. In fact, another study has compared texting and driving to be equal in distraction to a person driving while alcohol impaired with 0.08 BAC. That is legally drunk in the state of California. Driver distraction causes over one million crashes in North America annually. The economic impact reaches nearly $40 billion a year.
According to the American Automobile Association, AAA, there has been a 70% decline in texting while driving since the ban took effect. This data is significant because it shows that some laws can change driver’s behavior. In this case, it will reduce distracted driving and improve driver safety.

NHTSA's top five causes of bicycle-traffic accidents - who's at fault?

In Southern California, we like our bikes.  Bicycles are used for commuting, for recreation and for just getting around. And, in California, traffic laws give bike riders and motorists the same rights and responsibilities. However, cars far outweigh bikes, and if an accident should occur, the bicyclist is most likely to sustain serious injury.

According to the National Highway Traffic safety Administration (NHTSA), the majority of fatal bicycle-vehicle accidents can be attributed to just five causes.

1.    Driver distraction.
2.    A vehicle traveling in the opposite direction from the bicyclist makes a left turn into the path of the bicycle.
3.    A driver passes from behind the bicycle, slows down, and then makes a right turn.
4.    The bicyclist tries to cross an intersection before a vehicle that has the right of way.
5.    Vehicles exiting from driveways or alleys

In many cases, the driver simply does not see the bicyclist.  There are things a bicyclist can do to increase his visibility, and to lower his risk of death or injury from traffic accidents.  Click for a list of bicycle safety tips.

If you are injured by a negligent driver, you deserve compensation for your injuries, for the pain you’ve suffered, and for the damage to your bicycle.  At the law firm of Allen, Flatt, Ballidis and Leslie, we truly understand the needs of bike accident victims.  Contact our bicycle accident attorneys today at 866-981-5596 for a free evaluation of your injury case.

Cyclists and the public should rise up against government immunity for bicycle pathway accidents.

In the 70s and 80s, bicycle use increased significantly in California. Not only was there a desire to ride bicycles for pleasure, but more persons were riding bicycles in competitive sports, to work, and to recreational areas like the mountains and beaches.  The increase in use demanded new laws and standards be developed and codified to protect bicyclists on the road.  In light of the use of highways and streets by automobiles and trucks, there was concern that bicyclists would be subjected to serious injury or even death because of increased use of already congested roadway surfaces, and an inability of motorists to fully and completely comprehend and react to cyclist and bicycle riders.

You would expect that each addition to our riding areas be designed and built, maintained and cared for to reasonably prevent injury while we ride our bikes.  But that has not been the case.  Read why the Legislature needs to make a change immediately.

When the demand for new standards and designs arose, experts and individuals like John Forester, MS, PE devoted significant time and thought to cycling and roadway surface design for bicycles, and created a series of laws that were later adopted by the California legislature. The laws included well thought out recommendations associated with the location and use of bicycle pathways, the creation of bicycle trails, and road surface bicycle lanes. Their efforts were codified by the California Legislature in Streets and Highway Code section 890 through 894.

Since that time, there has been great and vast improvement in the facilities available for bicyclists and cyclists wanting to take a ride. Not only has there been an expansion of laws governing the operation of bicycle lanes, helmet safety and the creation of specialized locations for cyclists to ride, but there has also big been a great improvement in driver awareness of the operation of bicycles on our roads and streets.

However there remains one, very disturbing, anomaly. I anomaly created not by judges, as suggested by some writers, but by the Legislature when enacting certain governmental immunities.  The legislature did not want mountain bikers to sue the government when riding on trails to unimproved areas that could not be reasonably maintained by a governmental agency.  They adopted the following synopsis of words as their standard for governmental immunity:

A governmental entity is immune from liability for any defects (of any kind) on any unpaved road which is not a ... 
city street or highway or ... any trail used (to go to an unimproved area).

In a series of cases decided over the last ten years, the statute has been repeatedly interpreted to define pathway as any pathway or bikeway whether paved or not, that is going to an unimproved area, such as the beach, or parks.  With immunity, governmental agencies will devote their resources to those conditions that may generate liability and ignore the repairs, design and maintenance of bike riding paths that can cause serious injury, as two recent clients found out when contacting our firm.

It is time for the legislature to act.  A simple amendment would clear this law up and protect you, me and my child from injury and suffering.  We are devoted to seeing this law change and hope you will write to your congressman or representative to see common sense restored.  Otherwise, the next time you decide to ride on a bike path or the river trail to the beach, know that if the pathway gives out, crumbles under your wheel or develops a giant pothole that causes your crash, you will have no right to get compensated for your injuries and damages.

James Ballidis is a California bicycle accident attorney and practices with the firm of Allen, Flatt, Ballidis & Leslie.  The firm takes cases in Los Angeles, Orange County, San Diego County, Riverside County and all outlying areas.  If you need to talk to an attorney about your bicycle accident call us at 1 866 981-5596.

Head injury from Orange County accident causes death of elderly man.

Kevin Petrimolx, a 67 year old Huntington Beach man was killed recently when the bicycle he was riding on crashed and he suffered traumatic head injuries. However, police investigators are still investigating exactly what happened since no eyewitnesses have yet to come forward. The accident happened on Warner and Greentree avenues.

According to Petrimolx’s wife, he rode his bike daily down Warner Avenue to PCH and then down to the Huntington Beach Pier. He enjoyed the beach, his family and was a devoted member of his church.  Unfortunately, he did not use a helmet.  Whether riding a motorcycle or bicycle, more than 50% of fatalities arise from those not wearing a helmet.

Petrimolx also was an Anaheim Hills police officer and the owner of the Foxfire restaurant. He had a full life and was going to be celebrating his 30 year wedding anniversary this month. His family is still trying to make sense of this whole tragedy but is looking for the public’s help. If you were in this area of Orange County on Sunday, Sept. 16 at around 1pm, Huntington Beach traffic detectives would like to talk with you.

Riding a bicycle in and around traffic takes your full concentration and knowledge of the rules of the road. If you have been injured while riding  a bike, contact an experienced Orange County  bicycle injury attorney today.