Our blog posts are added regularly to our website and cover topics that are important to Southern California accident victims. Visit this page frequently to read our lawyers newest blog posts about bicycle accidents, truck accidents, car accidents, dog bites and other events that injure people throughout Orange County, Los Angeles County, San Diego County, San Bernardino County, Riverside County, Kern County and Ventura County.
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.
Metrolink and the victims’ lawyers have now settled 90% of the injury and wrongful deaths claims from the 2005 Glendale crash for $30 million dollars. The remaining cases will go to trial in January 2010. The accident occurred on January 26, 2005 when a despondent Juan Manuel Alvarez parked his Jeep Cherokee on the Metrolink tracks while he attempted suicide. Before the train arrived though, he had second thoughts and ran away, but selfishly left his car on the tracks.
The train collided with the vehicle, causing it to jackknife and hit two other trains, one on either side. Originally Metrolink denied any wrongdoing since they blamed the accident on Alvarez’ jeep, but attorneys argued that the “push-pull” train operating system actually made the incident more deadly. With this system, cars in the front of the train are left unprotected and as in this case, the deaths and serious injuries happened in the first train car.
Alvarez was charged and is serving eleven consecutive life sentences; one for each of the murder victims. Additionally there were special circumstances charged and now he has no possibility of parole.
Road-rage is quickly becoming more common on our local Orange County freeways, and in fact, throughout California. Sadly, more people are getting injured or killed as the result.
Recently a teenage boy was fatally struck by a car causing a wrongful death after a road-rage incident. Joel Edwardo Sanchez was only 17 when he and his friends were driving down Beach Boulevard in Huntington Beach Friday night in July. Three vehicles were driving together when suddenly the occupants got into a confrontation. They eventually pulled off to the side of the road and began a physical fight. During the clash, Sanchez was either punched or pushed and ended up in the street. An unrelated vehicle that was passing by struck Sanchez. He was pronounced dead at the scene.
No arrests have been made and Huntington Beach detectives are still asking the public for more information regarding this incident. If you have any knowledge of what occurred, please call 714-375-5066. Suzanne Leslie is an attorney with Allen, Flatt, Ballidis and Leslie, serving the Orange County community since 1974.
Road rage is a vague term that includes violent or aggressive behavior by drivers of a car or other motor vehicle.
Manifestations of road rage include
•Aggressive driving including tailgating, and sudden acceleration and braking
•Cutting others off in a lane or preventing others from merging
•Honking horns or flashing lights excessively or unnecessarily
•Rude gestures
•Verbal abuse or threats
•Intentionally causing a collision between vehicles
•Exiting the car to start a confrontation
•Throwing objects at or hitting another vehicle with an object
•Threatening to use or using a gun or other deadly weapon
•Spitting
The NHTSA estimates that road rage and aggressive driving are major factors in traffic accidents and road deaths. In California, road rage is a crime.
Earlier this week, three family members were seriously injured and their lives are at risk due to an accident caused by road rage. In this incident, the drivers were more concerned about their place on the road than about the lives of those on the road. Their senseless dispute led to tragedy.
How much of a problem is road rage in the Los Angeles area? What can you do about it?
The insurance company, Autovantage, has been conducting an annual road rage poll and has ranked the most courteous and the rudest cities for drivers. Drivers from cities in 25 metropolitan areas were surveyed.
Autoadvantage 2008 worst 5 cities for road rage
1.Miami
2.New York
3.Boston
4.Los Angeles
5.Washington, DC
Los Angeles is number 4!!!
Autoadvantage 2008 top most courteous driving cities
1.Portland, OR
2.Pittsburgh
3.Seattle
4.St. Louis
5.Dallas
The participants were asked about triggers that induce road rage.
The top triggers that induce road rage include
•Feeling rushed
•Speeding
•Being in traffic
•Observing aggressive driving behavior in others including, tailgating, not signaling, talking on a cell phone while driving, running red lights, honking and using angry or obscene gestures at other drivers.
Generally, men under the age of 19 are most prone to road rage.
How can you prevent road rage?
•Plan ahead – Leave enough time that you don’t feel rushed or angry if there are delays. Plan for delays.
•Get enough sleep – Lack of sleep makes us more prone to resentment and anger. It also makes us less attentive as drivers.
•Relax – If you find yourself tensing up, take a few deep breaths. Take a break and walk around every few hours. Try not to think of stressful situations while driving, instead listen to relaxing music or a book on CD.
•If another driver is aggressive, don’t take it personally – We all have bad days.
•Try not to react – Try not to show a physical reaction and avoid eye contact wit aggressive drivers. These reactions can be misinterpreted and can escalate a situation.
•Practice kindness – If someone lets me into the busy lane or waves me ahead at a turn, it makes my day. Treat other drivers as you would like to be treated.
•Make safety your priority.
Are you a victim of road rage? Have you or a family member been injured due to the aggressive driving of another? We can help. Contact the LA area attorneys at Allen, Flatt, Ballidis and Leslie at 888-752-7444 for a free consultation regarding your car accident injury case.
In Los Angeles County Superior Court, a drunk driver was sentenced to one year in jail for an incident occurring in January 2008. Roger Avery pleaded guilty to vehicular manslaughter when he was intoxicated and wrapped his automobile around a tree at 100 miles an hour. In his car was his friend Andreas Zini along with Avery's wife. Mr. Zini died in the collision and the family apparently received a civil judgment or settlement award of $4.1 million.
Mr. Avery was also given five years of probation. The important question to ask is whether the amount of jail time was sufficient to send a strong message to drunk drivers.
In every case, the driver is always remorseful, reflecting the lack of appreciation for the potential injury. As Mr. Avery stated “This accident profoundly altered me to the very core of my being.” Of course this does little to reverse the effects of the accident.
Drunk driving deaths are continuing to occur needlessly, and very little has changed with the prosecution of people associated with such collisions. One year of jail time for drunk driving and causing a death seems sufficient for a prominent citizen in the community, but does it really send the right message for all who will climb behind a wheel in the future?
Our society is not made up of children that cannot determine risk, but adults with discernment. We should understand the consequences of our behavior. This California personal injury attorney is of the opinion that more jail time was warranted, because not only was Mr. Avery impaired, but he was traveling at such a high rate of speed, an accident was likely to occur.
Avery is famous for writing Pulp Fiction, the screenplay directed by Quentin Tarantino. Maybe during his year of incarceration he can write a screenplay that will profoundly change, to the very core, the mind of each every person seated in his next movie about the deaths caused by drunk drivers.
James Ballidis is a California personal injury attorney specializing in Los Angeles and Orange County automobile accidents. You can call our firm for your accident needs at 1-866-981-5596.
No! No! No! So why not - you say? Let me tell you from a California injury attorney perspective why tort reform does nothing but take from you when you have a claim and increase not decrease wasteful litigation and claim delay.
First, we already have tort reform, and it does not work. Let’s take a look at both of them.
The California workers compensation system is simply broken. It is a system designed as no fault, with administrative regulation of the healing and care of workers. Claimant lawyers play a very small and insignificant part of the compensation equation. They only recover a fee of 10% to 15% if the worker has permanent injury. You should therefore be of the opinion that the government, insurance companies and doctors could work together to get people the treatment they need and get them back to work quickly. Again not so.
A personal friend has waited 4 years for authorization to get much needed shoulder surgery. Think that is unusual, wrong again. Most attorneys in workers compensation, for both sides, say that the delay in treatment for serious procedures is at least 1 year and sometimes two. Litigation has actually increased over the need for treatment.
Why is this happening? Simple, there is no penalty if the insurance carrier and doctors rip off the injured. Tort reform takes away penalties for wrongful and delaying tactics. Administrators cannot act fast enough or quick enough to stop the rampant delays and fraud. The system was supposed to pay for medical treatment needed by injured workers without lawyer involvement, but more litigation is occurring now to simply get the treatment needed. If severe penalties were affixed for delaying tactics or improper bad faith conduct on the part of insurance companies, and doctors, punitive damages for instance, I assure you that the system would work better and in the long run work out to be fair and efficient.
Let’s talk medical malpractice. Our office does not do worker’s compensation or medical malpractice so you are not getting a biased opinion here. MICRA was enacted to eliminate punitive damage claims, cap pain and suffering at $250,000, limit attorney fees and give doctors all the defenses of a short statute of limitations and low standard of care to be judged competent. Ask any doctor and they will still complain that they practice defensive medicine. Additionally, insurance companies go to trial more than any other segment because they know their loss is capped. There is no incentive to settle so they risk a trial to see if they can avoid paying a judgment. Over the years, premiums have gone higher in this segment than any other segment of insurance coverage.
If you allowed a jury to decide the pain and suffering damages for removing the wrong arm at surgery, I assure you no cases would be occurring so haphazardly. If the doctor faces personal bankruptcy for gross negligence, not just a mistake, then that doctor will act very cautiously WHICH IS WHAT THEY SHOULD BE DOING. Medical malpractice claims have been increasing, not decreasing compared to 20 years ago, even though fees for attorneys were severely limited. MICRA simply does not work.
The best system of deterrence is to make sure people know a consequence when they drive drunk, cheat another, commit gross negligence or knowingly make defective products. The American system of justice is based on this economic premise, because in the years of greed and excess, very few stop to consider the consequences until severe injury occurs.
One teen in Orange County pleaded last week for leniency for drunk driving that killed his friend. He declared he was profoundly sorry, and did not realize what injury would likely occur. Adult drivers know what will occur, but unless they are faced with an economic consequence of bad behavior they will continue to drive drunk, text, and drive recklessly. It is no different with doctors or insurance companies.
James Ballidis is an attorney practicing in Newport Beach, California and specializes in personal injury claims throughout California. Call us at 1 866 981-5596.
According to a new CBS news investigation, a former prominent attorney with Toyota has charged his past company, Toyota Motor Sales, USA Inc of withholding critical evidence involving pick-ups and SUV’s with poorly designed roofs. Dimitrios P. Biller alleges that his former employer illegally withheld evidence in several rollover lawsuits. Biller claims that he was instructed to keep silent and even destroy documents needed in product liability lawsuits against Toyota. Additionally he claims that the engineering unit destroyed documents for over 300 roof-crash type rollover accident cases.
Since this important safety information is now known, several attorneys have filed to reopen at least 17 major cases and it could impact up to 300 more across the country. Several of these cases occurred in California, including Los Angeles and Orange Counties. Most California Auto Accident attorneys suspect this type of behavior goes on, but how to prove it is always difficult. It is nice to have one of them break rank because it is the right thing to do!
Do you know someone who has been severely injured in a Toyota rollover accident? The model that was mostly affected was the Toyota 4Runner SUV. Contact an experienced California personal injury attorney immediately for a free consultation. Allen, Flatt, Ballidis and Leslie have been serving the Orange County community since 1974.
Last week, While our nation’s leaders were discussing the dangers of distracted driving, a Costa Mesa driver was ordered to stand trial for vehicular manslaughter with gross negligence. The driver hit a woman in a cross walk only moments after texting on his cell phone.
Martha Ovalle was killed while crossing the street on a marked crosswalk in Newport Beach in August of last year. Ms. Ovalle was a Guatemalan immigrant who worked as a nanny. She was hit by Martin Burt Kuehl, age 42.
Phone records show that Kuehl had been texting for at least 30 minutes before the accident. A witness to the accident said that the driver behind Kuehl had to honk to alert him to the green light.
Texting while driving is illegal in California and lawmakers are considering a nation-wide ban. Texting and cell phone use are growing contributors to distracted driving. Distracted driving is a factor in nearly 80 percent of traffic accidents and 12 percent of traffic fatalities.
When distracted drivers are on the road, no one is safe. If you or someone you love has been injured or killed because of distracted driving, an experienced attorney can help. The attorneys at Allen, Flatt, Ballidis and Leslie specialize in car wrecks and pedestrian accidents. Contact us at 949-752-7474 or toll free at 866-981-5596 for a free consultation.
In Montebello California an 84 year old woman pedestrian was run down and knocked 30 yards down the street while walking her dog last night. The White extended cab Silverado fled the scene.
Witnesses got a description of the man driving the Silverado and think that he is a local resident. Your help is sought to bring this man to justice. He is about 35 to 40 years old, black hair combed back, mustache and goatee and Hispanic.
It is with great sadness that an accident like this has to take the life of someone. We want to express our condolences to the family and friends of Norma Lambo. As a Los Angeles pedestrian accident attorney, I want to spend a little time motivating all persons out there to help find this perpetrator.
We have represented many pedestrians in hit and run cases. The family is devastated by their loss but there is a more profound sense of injustice that permeates the family when the killer drives away. Questions start to creep into the family’s thoughts. Was Norma still alive after being hit? Could she be saved? Did she have anything to say?
The killer not only robbed Norma of her life but also robbed her and her family of the ability to talk, get help and maybe even survive. The selfish actions of the driver should not and cannot go unpunished. Please for the benefit of the family in this case, and all families, help find this driver. With such a good description and the likely damage to his Silverado, the community should be able to help locate and bring him to justice.
If you or your family have been hit by a car, call us for help at 1 866 981-5596 or contact us immediately.
The US Consumer Product Safety Commission recalled 1.2 million cribs because 4 deaths and 21 falls occurred by plastic part failure. Why take this long and allow such suffering?
Nine women died when cooking with their robes on when it suddenly caught fire. The fire spread so quickly that the victims never had a chance to remove the garments. Finally Blair LLC has voluntarily recalled their full-length chenille robes and other chenille products due to their flammability problems.
All nine deaths occurred before the April 2009 recall but since then other injuries have taken place. Burn injuries are among some of the most painful injuries to endure. In addition to the deaths there have been many moderate to severe burn injuries.
Effective immediately, the U.S. Consumer Product Safety Commission (CPSC) is advising women to discontinue wearing these dangerously flammable garments. Blair products are mainly sold online and in catalogs, but they have a few stores as well. The recalled items include the chenille jacket, robe, lounge jacket and several tops. If you have purchased any of these products, return them to Blair to receive a $50 gift card for store credit. For further information you can visit the CPSC’s website at www.cpsc.gov.
We hope and pray for the families, and all victims should seek the assistance of a pwersonal injury or wrongful death attorney immediately. They have product liability claims. If you know someone who nmeeds to find a quaalified attorney for these types of cases, we wrote an article on how to find a qualified wrongful death attorney.
An Orange County woman, Christine Palmer has filed a claim against the city of Huntington Beach for negligence of the paramedics during an emergency.
The incident happened last year when Mrs. Palmer called 9-1-1 when her husband was experiencing extreme chest pain, labored breathing and numbness in his arm. Even though these were typical heart attack symptoms, the paramedics did not suspect a heart attack. Her husband was transported to the local hospital in an ambulance and without a paramedic. Should they have suspected heart failure or other similar maladies? During the drive Mr. Palmer went into a grand mal seizure and had no pulse when he arrived at the hospital. The hospital ER team tried to revive him but could not.
Huntington Beach officials are currently investigating this case but Mrs. Palmer‘s attorney filed the claim two months past the 6 month city deadline. It is unclear whether the claim will proceed forward, because you must file a claim against a public entity, even if medical negligence cases, within 6 months, except in certain circumstances. If you have been injured in an accident and feel some governmental agency is at fault, please contact a qualified and experienced California personal injury attorney immediately. You may be precluded from pursuing your claim if you wait.
Call us, we would be happy to speak to you for free. Call 1 866 981-5596 or contact us via email. We can help.
Last month the parents of Daniel Mendez filed a wrongful death suit in Orange County Superior Court against the Capistrano Unified School District. The suit alleges “blatant and ongoing bullying which led to his suicide." According to the Mendez’ attorney, the bullying started in middle school and continued through the second year of high school.
Even though the Orange County school district’s has a zero tolerance policy with respect to bullying, the behavior continued for several years. The suit claims that Mendez was both physically and verbally abused. For some unknown reason, the bullying escalated in spring 2009 and on May 1st, he came home from school and broke into his father’s gun cabinet, stole a gun and then shot himself in the head.
The school district has declined any comment about the case. It is clear that in a large school district, not all bullying can be stopped, However, when ongoing bullying behavior escalates to the degree shown here, an investigation is in order to determine if the zero tolerance rule is being enforced. It is a shame that the parents and the school district could not have come to an alternative early solution to this issue. It ultimately may have saved this young man’s life. If you need help with a wrongful death caused by another's negligence, call us at 1 866-981-5596.
Highway fatalities in California have decreased according to a recent study by the Reason Foundation. The nonprofit group has been tracking highway conditions throughout the country since 1984, utilizing the most recent statistics to compile a report each year, explains a California car accident attorney. For this year’s 19th Annual Highway Report, the group used statistics from 2008, rating California three places lower than the previous year: the state’s ranking dropped from 16th to 13th in the nation for the highway fatality rate per 100 million miles driven.
California’s ranking, however, did not change in other categories: urban interstate congestion (50th), highway performance and cost effectiveness (48th), and urban interstate conditions (49th). Not only do Californians endure the worst traffic in the country, they must also drive over the most potholes on urban Interstates—although, Hawaiians also share this latter problem. A quarter of all urban interstate pavement in California and Hawaii is in poor condition.
With hazardous road conditions and the nation’s most congested highways, how is the fatality rate so low in California? The correlation between road conditions, traffic, and fatality rates seems paradoxical, especially after examining the rankings of states with high fatality rates, such as West Virginia.
Despite receiving the 4th highest highway-fatality ranking (47th), West Virginia ranked much lower than California in the categories of road conditions and traffic: the state placed 28th in urban interstate conditions and 8th in urban interstate congestion. Many West Virginia Injury Lawyers found the high fatality-rate ranking quite disturbing.
“Californians are well aware of how bad the traffic and road conditions are here,” remarked a California car accident attorney, “but many were pleasantly surprised by the low fatality ranking.”
To request additional information on this subject or to speak with a California car accident attorney, feel free to call 866-981-5596.
In the early hours of Tuesday morning, the driver of a van stopped for a red light on Bristol Street in Santa Ana. When the signal changed and he accelerated, the door to the van slid open and his 4-year-old boy fell out. Paramedics rushed the boy to a nearby hospital for emergency surgery, but the child died from his injuries. The Orange County Register reported this fatal California injury.
Santa Ana Police are investigating the tragic van accident. Witnesses are urged to contact Cpl. John Crews at 714-245-8217.
In the United States, injuries resulting from motor vehicle accidents are the leading cause of death for children. Properly securing children in car seats reduces the risk of serious or fatal child injuries by more than 50 percent, according to the Centers for Disease Control and Prevention (CDC). The newspaper’s California injury report noted that witnesses claimed the boy was in his car seat before the accident occurred. If this was the case, explains an Orange County accident lawyer, there may have been a manufacturer defect with the child seat or it may not have been used correctly. The improper use of child seats is a prevalent problem, resulting in numerous accidents each year, according to the CDC. It is important to secure children in seats that are appropriate to their age and size.
The Orange County accident lawyers at Allen, Flatt, Ballidis, and Leslie would like to offer their condolences to the family of the boy. They will be in our thoughts and prayers during this difficult time.
As a public service, we offer informative articles and books on numerous subjects related to personal injury law.
If you would like to request an article or book, or if you need to speak with an Orange County accident lawyer, call 866-981-5596.
Last week an Orange County jury awarded $3.1 million to a woman who suffered a medication overdose at a skilled nursing home that left her brain damaged. Barbara Lefforge, only 57 years old was sent to St. Edna’s center for rehabilitation after a tendon repair surgery. She had only been there 5 ½ hours when the medication error occurred, explained an Orange County injury attorney.
According to court records, after her surgery her doctor recommended that she stay at St. Edna’s skilled nursing facility until she recuperated. She was mistakenly given 50mg of morphine instead of 50mg of Demerol. Since this was such an excessive dose, Lefforge’s attorney argued that medical personnel should have questioned that dosage order. Moreover the staff pharmacist even warned that the dosage was too high, but Lefforge’s doctor had doubled it, so she was given that quantity of medication.
Lefforge was left unmonitored until the next morning when she was found barely breathing due to the medication error. She had suffered from a major overdose of morphine. After being taken to the hospital, it was established that she had suffered a brain injury from the excessive morphine dose.
St. Edna Rehabilitation Center is one of 25 California rehab facilities owned by Covenant Care. Since 2004, they have accepted more than $880 million in additional compensation from the state for increased wages and staffing. According to the non-profit group, “California Watch”, it found that many Covenant Care facilities actually reduced their staff and let nursing ratios go below state standards during this time.
Tragically this is not an isolated case. Nearly one in five dosing orders of all nursing homes and hospitals has medication errors. These odds are unacceptable. In many cases, these patients are there for short stays while rehabilitating, not lifelong residents. It is for this reason that every citizen should have an up-to-date medical directive.
Only about 20% of Americans have a medical directive document; however, explained an Orange County injury attorney, it is one of the most important documents a person can have. The Advanced Health Care Directive is the best way to make known your health care wishes if you are incapacitated and can’t communicate your wishes.
Unfortunately, just telling your wishes to your husband or wife does not automatically ensure that they will be honored. Here in California, the law gives you two options for your directive: you can either appoint another person who can make the decisions for you or you can make your desires known through writing your own advanced directive. Either way, it’s important to meet with a professional lawyer to discuss your legal options.
If you have a loved one in any type of nursing facility, it would be wise to double-check that their medical directive matches the instructions that the staff has. If you have any questions or concerns regarding a nursing home in California, visit www.nursinghomeguide.org/ for a complete listing by city or county of local elder facilities and their violations, staffing policies, and complaints.
James Ballidis is an Orange County injury attorney specializing in injury claims arising from medical malpractice and medication errors, subjects on which he has written extensively. To request a copy of one of his articles or to discuss your rights and options after an accident, feel free to call 866-981-5596.