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Motorcycle Accidents
- Motorcycle rider injured in Fullerton semi-truck crash
- SUV’s turn deadly for Los Angeles-area motorcyclists
- To prevent motorcycle deaths on our California highways, car drivers, not just motorcyclists, need more training.
Bicycle Accidents
- Another Tragic Cycling Accident In Newport Beach
- Garden Grove bicyclist injured in hit-and-run
- New government policy may prevent OC bicycle accidents
- Cyclists rally to show support for victim of hit and run in LA.
- UCI students hit while riding their bicycles to school
Dog Bite
- May 16-22 is National Dog Bite Prevention Week
- Dog Mauling of three children in California.
- Bull mastiff mauling of woman leads to lawsuit against owner and County Animal Care services
Auto and Car Accidents
- Residents Respond to New Huntington Beach Emergency Services Fees
- California Injury Lawyer's Client Receives Specialized Treatment For Thoracic Outlet Syndrome
- Car Jacking Is On Rise. What Can You Do To Avoid Being A Target.
- Ignition Interlock For LA Drunk Drivers. Is California Next?
- Ortega Highway is Deadly and Caltrans Does Nothing To Fix It
Truck Accident
- Barstow Semi-Truck Accident Among Multiple Truck Accidents In August
- Over 10,000 die in rollover accidents. The real dangers of SUV, Minivans and trucks.
Pedestrian Accident
- Santa Ana Pedestrian Accident
- Hospital Has Client Sign Away Rights, California Injury Lawyer Helps Client.
- San Clemente man injured in school zone pedestrian car crash.
- Student killed in hit and run on Sunset Boulevard in Westwood
- Do pedestrians, that are injured or killed outside of the crosswalk, still have rights to recovery?
Wrongful Death
- Families sues Anaheim Hills doctor after anesthesia death is ruled homicide
- Early swimming lessons may prevent Orange County drownings
- Boat accident in Orange County cases lawsuit against Coast Guard
- Blue Cross quickly becoming the Toyota of bad business.
- Doctor gets away with murder by paying $250,000.
General
- Difficult Trip-and-Fall Case Resolved. Client On Her Way To Recovery
- Poisoning Salmonella: Additional Safety Violations Found At Iowa Farms
- Trunk Riding Results In 14-Year-Old Boy’s Accidental Death
- California hospitals fined for medical errors. Are you at risk?
- Assault at California Bar causes lawsuit.
Southern California Injury Law Blog 
News
- Posted on 9/3/2010Congratulations to California Injury Lawyer James Ballidis...
- Posted on 9/2/2010Police make extra effort to prevent Memorial Day Weekend drunk driving...
- Posted on 9/2/2010Santa Ana: Fatal Pedestrian Accident...
- Posted on 9/1/2010Pedestrian Accident: Two Children In Critical Condition...
- Posted on 8/31/2010Salmonella Contamination: Investigation Reveals More Safety Violations...
Library
Motorcycle Accidents
- Motorcyclist sustains injuries in hit and run accident. The risk of suffering injuries or fatalities is greater for California motorcyclists than for motorcyclists in most other states, explains an Orange County accident attorney.
- A young dune-buggy accident victim walks again and defies her doctors' predictions. Her story illustrates how, with perseverance, accident victims can overcome their injuries--but also the extensive amount of medical attention injuries from off-roading accidents require.
- Hurt in a motorcycle crash? Three reasons why you need an attorney that specializes in Orange County motorcycle crashes.
- I did not hit my head in the accident, why does my doctor think I might have some kind of traumatic brain injury.
- Motorcycle-car accidents: the car may be at fault, but wearing a helmet reduces the chance of serious injury.
Bicycle Accidents
- A ghost bike memorial was erected for fallen bicyclist Michael William Nine at the site of the accident on Spyglass Hill Road in Newport Beach.
- Mayor Antonio Villaraigosa was struck by an automobile while riding his bicycle last week. Read on to find out how Los Angeles streets are becoming increasingly dangerous.
- Six ways negligent drivers may cause Orange County bicycle accidents
- What can a bicycle accident attorney do for me, the accident was not my fault?
- Cycle and bicycle accidents can be caused by improper maintenance. Here is how and what to do to investigate and document injury and failure.
Dog Bite
- Dog bite attacks on the rise: Six signs that a dog may attack.
- Dog bite attack. A couple's dog fatally mauled their two-year-old son. A California injury lawyer offers guidelines for preventing dog bite attacks.
- May 16-22 is National Dog Bite Prevention Week. These tips can help your child stay safe.
- 2009 Dog Bite Statistics: California ranks top 5 states for dog bite fatalities.
- What should you do if your child has been bitten by a dog?
Auto and Car Accidents
- Medicated drivers on California Highways: Nearly one-third of accidents involve drivers taking medication.
- Find out how California's Low Cost Auto Insurance Program could prevent you from receiving the compensation for medical bills and property loss or damage you are entitled to after an auto accident.
- Seven people were injured in a freeway car accident last Sunday. The drivers of three of the six vehicles involved in the pile-up were suspected of being under the influence of drugs or alcohol.
- Last night a tragic three-vehicle collision on California Highway 395 left 3 dead and 15 injured--one of the worst accidents a California injury lawyer has seen in years.
- Car surfing accident cases are increasing in Southern California. An Ojai teen is the latest victim. An Orange County accident lawyer discusses how prevalent this dangerous behavior is becoming.
Truck Accident
- Roadcheck data shows 200,000 truck drivers may be under the influence of drugs and alcohol. Are California drivers at risk?
- California Truck Accident Attorney Compiles Collision Statistics, and provides important recommendations to help you avoid a truck accident.
- This report will guide you though the pros and cons of using your health insurance in a truck accident that was not your fault.
- After my truck accident, must I go to an HMO or Kaiser? I don't like the care I get!
- Truck accidents can be devastating to your credit. Here are five steps to avoid credit damage after your truck accident.
Pedestrian Accident
- Orange County Pedestrian Safety: Child safety tips
- Stranded on a Southern California freeway? Stay in your car!
- Orange County pedestrian accidents: Are the elderly at risk?
- Pedestrian accidents: Gardena’s Rosecrans Ave. a cause of concern
- Huntington Beach pedestrian accidents on rise in 2009. Beware of your City streets and changes the City should make to protect you from vehicle accidents.
Wrongful Death
- Two workers died after an explosion in a metal works. An illegally tampered with gas line is to blame. Their families may want to file a wrongful death claim to receive monetary compensation for their loss.
- Do you have a drop-side crib or a crib with movable parts? If you answered yes, your baby could be in danger. Read on to find out how to protect your child.
- Do you have an Orange County medical malpractice case?
- Finding a lawyer that specializes in wrongful death is important. Check out this article on how to start your search.
- How is a wrongful death settlement distributed amongst my family and heirs after a California wrongful death claim is brought?
Lawsuit process
- Have you been injured in an accident? If your employer's health insurance company has paid your medical expenses, it may also seize the compensation you receive from the accident settlement as reimbursement, leaving you with nothing. Find out how to protect your settlement.
- Wasting juror time and costing them money is degrading our system of justice. What can be done now?
- In a personal injury case, does the other side get to have me examined by a doctor of their choosing?
- California accident and injury depositions? What are they and how can I help my case?
- What is a jury trial and how do I win!
Injury
- Garden Grove Toddler Drowns In Enclosed Swimming Pool
- Cheerleading: the surprising leading cause of injury for Orange County's female athletes.
- Subdural Hematoma, what type of brain injury is it, and what symptoms does it cause?
- Epidural Hematoma, what type of brain injury is it and what symptoms occur?
- Subarachnoid Hemorrhage, what it is and the symptoms that can be expected from this brain injury.
General
- Eggs And Fruit Blamed As Salmonella Sickens Hundreds Of Californians. Do Food Poisoning Victims Have Legal Rights?
- Health Insurers Are Seizing Entire Accident Settlement, according to a California Injury Lawyer, Leaving Injury Victims Devastated. Protect yourself.
- Our Orange County personal injury attorneys with your family a safe and happy Independence Day
- Recalled products can cause serious injury and even wrongful death. Learn about dangerous products recalled from Orange County area stores.
- Depositions can be nerve racking, Use these steps to prepare and do well in a deposition.
Orange County Accident Lawyer Blog
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.Auto and Car Accidents
Auto accidents caused by speeding are largely avoidable
Speeding causes daily accidents and injury. What can we do and what rights does a person struck by a speeder have? California auto accident lawyer James Ballidis provides an outline of the problem and your rights. Call 1 866 981-5596 if you need help because of an accident.Metrolink updating safety of travel cars in the event of an accident.
Metrolink travel cars under scrutiny for safety.
Fog kills 5.5% of those involved in an accident!
Careful as fog season rolls in. 5.5% of those involved in a fog related accident die of their injuries.Seat belts were not used and did not save this 10 year old!
Seat belt use saves lives from wrongful death and great tragedy in auto accidents. This family did not listen and lost their 10 year old.Tort reform requires companies to act responsibly, but as long as a company is motivated by profit, they will not. Here is another example.
A Los Angeles jury awarded four million dollars to a cinematographer injured on the job during the filming of Flight of the Phoenix. He had at all times prior to his accident been an independent contractor of Fox and Flight Productions Inc. The distinction is an important one: an independent contractor pays his own taxes, social security, retirement benefits, health insurance and self-employment tax. Corporations that employ independent contractors save huge amounts of money.
The plaintiff, Ciaran Barry, was struck by a prop, which caused him significant injury including broken legs and permanent nerve damage. He would never work as a cinematographer again.
Once the accident occurred, Fox and Flight Productions Inc. demanded that Mr. Barry be considered an employee under workers’ compensation laws. Workers’ compensation laws significantly limit the amount of recovery available to an injured worker. It is no-fault compromise system that is designed to cover workers for injury if they are injured on the job. Because it is a compromise system, without fault, the recovery amounts are strongly reduced. As an example a wrongful death case only pays $350,000 no matter how much money and how needed the worker was to the family.
In this case, a workers’ compensation case would have substantially less value. The court, and jury, properly concluded that Barry was an independent contractor given the factual evidence at trial of his independent status prior to the injury. However, this case shows us the often-overlooked side of corporations, the desire to put their interests over the injured person. To put this loss onto worker’s compensation, the company can continue to pay less for insurance, and save all the fees and liability caused by their negligent and dangerous practices.
Corporations will always attempt to mitigate their damages at the expense of injured victims, which is the reason that tort reform and limitations on liability simply do not work.
Tort reform does not work because companies simply cannot be trusted to act responsibly!
Tort reform does not work. Read this analysis and see if you agree.The national debate continues: do we limit the right to bring a lawsuit when companies and insurers do the wrong thing? I recently wrote of several “tort reform” failures that exist in our midst. Here is a fresh look at one of the most powerful tort reform failures we currently endure.
In a well-presented article in the Los Angeles Times by Lisa Girion, mother Hilda Sarkisyan had to bury her daughter Nataline because CIGNA refused to authorize a kidney transplant. At 17, Nataline died when Cigna, without even discussing or investigating the recommendations of Nataline’s UCLA doctors, denied coverage as experimental. “Experimental” in the experience of this California personal injury attorney is usually just another word for “we don’t want to pay for it.”
In a lawsuit filed by the family for wrongful death, a judge properly ruled that the CIGNA process of denial cannot be reviewed or challenged after the death of Nataline. ERISA, the Employee is Retirement Income Security Act, prohibits lawsuits for economic damages, even if the denial of service was purposefully negligent or wrongful, egregious or arbitrary. The only lawsuit that can be brought is for a review of the denial and reinstitution of medical treatment, if the patient is still alive. Of course, most of the time, it is too late for the patient. Nataline died nine days after the request. There is no provision for lawyer fees, and judicial review takes a long time, so cases are rarely brought.
My experience as a personal injury lawyer of 25 years, dealing with many seriously injured client insurers, is that in serious injury and medically complicated cases, almost all insurance companies routinely deny first requests for expensive procedures, without any consultation or discussion with the treating doctors. Time and again we see a denial without even an explanation, other than “experimental,” “inadequately documented,” or “not medically necessary.” Remember, the treating doctor is the best and most suited to make medical decisions, and his or her opinion should be paramount. Instead, the insurer employs some hatchet man to review these requests, and keep the purse strings closed. Almost always, our office is dealing with a decision maker that has no training in medicine or on a few occasions an employed nurse.
ERISA is tort reform! In order to give incentives to insurance companies to offer insurance nationally, the industry demanded concessions, and one concession was to limit lawsuits for improper denial of benefits. In exchange, insurance companies “promised” to set up review procedures, and to treat patients fairly. They agreed to administrative procedures built into the law to avoid litigation and the all-terrible lawyer.
These are the same promises we receive from all those who claim tort reform is the answer to the expense of insurance today. Relying on companies to do the right thing simply doesn't work. Even insiders agree that without consequences, insurers are not going to act responsibly. Wendell Potter, a CIGNA spokesperson, left CIGNA’s employ after addressing the publicity surrounding this case. He is quoted by Ms. Girion: “HMO’s and insurers are largely free to deny access to care without fear of reprisal and financial consequences.”
Tort reform promises a fair administrative process to protect the public from big business. Unfortunately, the public needs lawyers and the weapon of financial consequences to make sure insurance companies act in the best interests of those they serve.
California first party auto insurance (dealing with your insurance company in an auto accident) is an example of a system that has worked properly. In the early 80’s, first party insurance companies did little to treat their insured fairly when handling cases. Lawsuits were brought, and a number of large verdicts were entered for egregious and unfair conduct. Eventually, insurance companies cleaned up their act. As an auto accident attorney, we rarely see misconduct in the investigation and negotiation of first party insurance benefits now, because the companies were held accountable and profit is their motivation. We still have the tool of California first party insurance bad faith, but claims and filings are almost non-existent compared to the 80’s.
Nataline’s death is an unacceptable byproduct of tort reform. Until we recognize the immutable truth that businesses will act in their financial interest over that of the public no matter how much we want to believe otherwise, your fate and mine will be inexorably tied to that of Nataline, a roll of the dice, and the luck that it is someone else and not me or my family who is at the Dr. office.
Just say no to tort reform. Let capitalism thrive by making sure that those who did not act responsibly suffer the financial consequence of a lawsuit against them.
As a final note, why was this article in the Times so interesting? Even though CIGNA killed this woman’s child, they insulted her when she complained at their home office by heckling and finger flipping. Correctly, this is not a matter for ERISA. We expect everyone in society to act responsibly, and this type of conduct allows her to bring a lawsuit. Isn’t it strange that we protect Nataline’s mom from humiliation and emotional distress, but do not allow Nataline her life? We can live without tort reform.
Truck Accident
Over 10,000 die in rollover accidents. The real dangers of SUV, Minivans and trucks.
The rollover accident is by far the deadliest risk facing SUV, minivan and truck drivers. According to the National Highway Traffic Safety Administration (NHTSA) more than 280,000 rollover accidents are reported each year and sadly, over 10,000 fatalities. These types of accidents are usually twofold; first the rollover occurs and then the roof crushes in and seriously injuries the occupants causing major head trauma. Rollover crashes result in 36% more passenger injuries than non-rollover accidents and the Insurance Institute for Highway Safety (IIHS) has researched that if SUV’s were just one inch lower, deaths would by decreases by one half.A SUV is 3 times as likely to rollover in an accident as a typical sedan. There are two main reasons for this; vehicle’s stability and high center of gravity. Rollover accidents are directly related to a vehicles’ center of gravity and the track width (The distance between the left and right wheel). A narrow track and high center of gravity can make a vehicle unstable while performing fast or sharp turns. In addition to the center of gravity, vehicle stability is also influenced by weight/passenger loads in the vehicle.
Beyond the physical characteristics of SUV, vans and trucks, additional causes of rollovers are tire blowouts, malfunctioning auto parts and of course, driver error. Maintaining correct tire pressure and performing normal vehicle maintenance will prevent some incidences. However, quick jerky motions are dangerous in high profile vehicles as well as high speeds.
The IIHS has recently released its “Top Safety Picks” for 2010 and the list was unusually short due to tougher standards for roof strength this model year. Twenty seven vehicles; 19 cars and 8 SUV’s made the coveted list. To earn a five star rating, the vehicle must be able to withstand four times its weight without crumpling more than 5 inches.
Subaru, Ford, Volkswagen, and Audi were winners in multiple categories. If you are considering purchasing a new vehicle, check the IIHS’s website, www.iihs.org/ for a full list of winners.
The Foundation for Traffic Safety has compiled some safety tips to reduce your involvement in a rollover accident.
· Don’t drive too fast--The faster you drive, the less time you will have to react to an emergency that suddenly appears on the road in front of you. Braking harder and steering more sharply can compromise the safe control of your vehicle.
· Steering-- Many rollovers occur when drivers overcorrect their steering in response to an unexpected situation, such as encountering a stopped vehicle or accidently driving off the pavement. Sudden steering maneuvers at high speeds or on soft surfaces can lead to rollovers.
· Know proper maneuvering—if your vehicle leaves the paved road surface, slow down gradually, don’t stomp on your brakes. When it is safe to turn again, slowly merge back on the roadway. Never jerk your steering wheel to get back on the road.
· Be extra careful on rural roads—75% of rollover accidents happen on rural roads.
· Tires—improperly inflated or worn tires can make a dangerous situation worse; monitor correct pressure and replace tires when worn.
· Vehicle loading—consult your owner’s manual for proper safe loading techniques of your vehicle. Realize that any load placed on the roof will raise your vehicles’ center of gravity, increasing the risk of a rollover.
Lastly, when purchasing a new vehicle, research rollover ratings at www.safercar.gov/
Pedestrian Accident
Student killed in hit and run on Sunset Boulevard in Westwood
Hit and run of child in affluent neighborhood of Brentwood underscores the need for stiffer penalties when found.Costa Mesa Pedestrians are at risk of serious injury or death
This article notes a rising trend of serious injury or death for pedestrians in Costa Mesa, California. Who are the victims of this trend and what is being done about it.Frightening facts: Halloween is a deadly night for pedestrians
A hazardous combination of low visibility, children out after dark and adult drivers attending Halloween parties can too often prove fatal. Nearly fifty-three percent of traffic fatalities on Halloween involve alcohol. And, forty-five percent of all Halloween deaths involve a drunk driver. This makes Halloween one of the deadliest nights of the year.
There are simple precautions that can help make Halloween safer. Dress children in light-colored, reflective clothing and give them flashlights or glow sticks. In the Los Angeles area, drivers are often in a hurry and impatient with pedestrians, so accompany your children while trick-or-treating. Stay on the sidewalk, and only cross at well-lit cross-walks or intersections. Click here for more Halloween Safety Tips.
If you are a driver, slow down and watch for children. Pedestrians always have the right-of-way.
The pedestrian accident attorneys at Allen, Flatt, Ballidis and Leslie wish you a happy and safe Halloween.
Wrongful Death
Blue Cross quickly becoming the Toyota of bad business.
Blue Cross quickly becoming the Toyota of bad business. Personal Injury attorney James Ballidis discusses the continuing criminality of both.Doctor gets away with murder by paying $250,000.
MICRA damages limit this doctor to a payment of $250,000 for manslaughter or murder of a 20 year old woman.Doctor gets away with murder by paying $250,000.
MICRA damages limit this doctor to a payment of $250,000 for manslaughter or murder of a 20 year old woman.General
Robes are catching fire and causing severe injuries, recall is now in effect.
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.
A claim that paramedics did not properly care for heart attack victim is denied as California statute requires a claim be filed within 6 months.
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.
Southern California Injury Law Blog
Medication Errors In California Nursing Homes: Orange County Injury Attorney Recommends Written Medical Directive
Date: 09/03/2010Last 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.
Defective Spray Nozzles At Southland Gas Stations
Date: 09/03/2010High prices at the pump, warns an Orange County injury lawyer, are not the only thing California residents should be concerned about at Southland gas stations: in the past few months, defective spray nozzles have caused several injuries throughout the state, including one serious enough to require hospitalization.
The state fire marshal is warning all California residents to the possible spray hazard of the VST made nozzle and has issued a directive to thousands of service station operators to remove the 30,000 “open hold” latches that are in question. These latches are convenient due to the fact that you can go wash your windows at the same time the latch allows the pump to run without you holding it. This will affect approximately one-third of all California service stations.
Just last month there were accidents here in Orange County as well, in both Huntington Beach and Santa Ana, according to an Orange County injury lawyer. In fact half of all the incidences have been in Southland. The accidents are under investigation and the latches are being removed as a safety precaution until the results of an inquiry into the defective spray nozzles.
The California state fire marshal cited that this is “a hazard to the public and welfare”. Besides the obvious safety issues of gasoline that is being spraying onto your face and eyes, there is a real fire danger as well. Most Service station owner, obviously concerned for the customer’s safety and possible liability issue, are removing the latches immediately.
Daniel Berlant from the Department of Forestry and Fire Protection is setting up mandates for Service station owners to be complied with by Oct 15, 2010 They have the option to:
• Possibly revert back to employee pumping only
• Removing the convenience of paying at the pump, going inside to pay
• Remove all latches from the VST nozzles
One additional warning is to never put another object like a bottle or can to hold the nozzle in your tank. This could unfortunately cause the same problem.
Currently the deadline to remove all of the latches is required by October 15th. If you still encounter a gas station that has not removed the latch, an Orange County injury lawyer advises that you utilize these safety precautions to avoid an injury.
Since most accident are occurring once you have picked up the nozzle and then push your selection for type of fuel, experts are suggesting that you put the nozzle into the tank hole before you select the grade of gasoline. This will prevent most of the spray accidents. However, if the latch is still attached to the nozzle, there is still some danger of getting sprayed when you remove it. To be on the safe side for now, try to use only nozzle pumps with no latches attached.
After Oct. 15th, gas stations that have not complied with this order will be shut down.
James Ballidis is an Orange County injury lawyer specializing in injury claims arising from accidents resulting from defective products and manufacturer negligence. He has written numerous articles on subjects relevant to personal injury law. To request a copy of one of his books or articles, or to discuss a specific case, feel free to call 866-981-5596.
Brake Failure Suspected Cause Of Fatal Truck Accident
Date: 09/02/2010A family of three was killed recently when a runaway truck smashed into their home in central California. The truck driver was driving along state highway 154 in Santa Barbara and while merging his truck onto State Street, his brakes suddenly failed. He then proceeded to hit several parked cars and go over an embankment and finally hit the occupied home that had a young family living there, explains a California injury lawyer.
As the California Highway Patrol crash investigation team tries to reconstruct this accident, they did comment that alcohol was not a factor but that brake failure is suspected. The driver admitted that that the brakes were not working correctly when he picked up his load in Santa Ynez. The driver attempted to use all brake resources available; both hand and foot brakes but nothing could stop this truck.
Although many truck accident fatalities are caused by driver fatigue, a recent Department of Transportation (DOT) report found that 29.4% of large truck crashes occur due to brake failure. Another common truck accident cause is tire blowout due to worn tires or trucks not loaded properly.
When brakes malfunction and the driver’s behavior causes serious personal injury or in this case, wrongful death, who do you blame? Should the driver have fixed the issue instead of proceeding with his schedule? Was there a mechanical problem? Had maintenance been overlooked due to budget cut-backs and busy schedules? Was the mandatory brake pre-brake inspection performed?
Hiring the right California injury lawyer for counsel is advisable when you are struggling with specific truck industry issues and laws.
The trucking industry is a powerful organization; generating revenues of $610 billion per year, a figure that is set to double by 2015. Commercial trucking is here to stay but that means more cars must share the nation’s roads with even more trucks. Currently, one in eight traffic fatalities involve a trucking collision.
California is second only to Texas—which has the highest rate—in the number of truck fatalities that occur in the state each year. Investigations reveal that the primary causes of most truck accidents are fatigue and lack of sleep. In fact another runaway truck crash occurred in Northern California earlier this month and killed an innocent man. The CHP is still investigating with The Department of Transportation, DOT. Currently, they are investigating around 20 similar cases.
Clearly this is a situation that is not going away and needs to be resolved before more innocent people are tragically killed. Our thoughts and prayers are with the surviving relatives of these truck fatalities.
James Ballidis is a California injury lawyer specializing in truck accidents. He has written numerous articles on trucking accidents. To request a copy of one of his articles or to discuss a specific case, feel free to call 866-981-5596.
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Pedestrian Accident:
- Hospital tries to take all insurance after a pedestrian is struck. His story and how a California injury lawyer helped.
- Pedestrian suffers brain injury but recovers
General:
FAQs
Motorcycle Accidents
- Can I still make a claim for my motorcycle injuries if I was not wearing a helmet in California?
- Can I keep my motorcycle after an accident rather than give it to the insurance company, if it is declared a total loss?
- Do I need to give a recorded statement of the insurance company?
Bicycle Accidents
Dog Bite
- My child was bitten by a neighbors dog! They are our friends, but they have insurance. Can we get my child's medical bills paid throught our neighbor's insurance and not sue them?
- I was bitten by a dog. Should I call an agency and report it!
Auto and Car Accidents
- I do not want to sue anyone because of my auto accident, but I have to get my bills paid. Is there any other way?
- Who pays for my car repair when then accident is not my fault?
- The other driver admitted fault, and his insurance company said they'd pay my medical bills. But that was 4 weeks ago.
Truck Accident
- What do I do after a truck accident?
- Are truck drivers liable for my injury if they cause an accident?
Pedestrian Accident
- Do pedestrians, that are injured or killed outside of the crosswalk, still have rights to recovery?
- I was crossing the street and hit by a car. What are my rights?
- Should I go to a specialist or my general doctor after an accident?
General
Web Resources
