Attorney Blog

Fatal Car Accident in Calabasas

blog@www.thecaliforniainjurylawyer.com (news Author)17570 — Thu, 09 Sep 2010 08:00:00 EST

On August 26, 2010, the U.S. Ambassador to Malta, Douglas Kmiec, 74-year-old Sister Mary Campbell of Our Lady of Malibu Catholic Church, and 94-year-old Pastor Emeritus Monsignor John Sheridan were involved in a fatal car accident in Calabasas, California. Kmiec was driving a Hyundai Accent on Mulholland Drive when suddenly the car swerved off the road, crashing into a drainage ditch. The California injury accident claimed the life of Campbell and left Kmiec and Sheridan seriously injured.

Car accidents can be attributed to multiple causes: the negligence of another driver, speeding, improper maintenance of roads, or poor driving conditions, such as reduced visibility due to weather, explains a California auto accident attorney. Moreover, half of the country’s most dangerous roads can be found in California, with the three deadliest passing through Los Angeles County: the I-15, the I-10, and the I-5. While the cause of the accident has yet to be determined, the possibility that hazardous road conditions may have been partially to blame is quite high. Properly maintaining the medians, guardrails, and pavement on state highways is crucial to preventing accidents.

The California auto accident attorneys at Allen, Flatt, Ballidis, and Leslie would like to offer their condolences to the family of Sister Mary Campbell. They would also like to wish Ambassador Kmiec and Pastor John Sheridan a full recovery.

Additional information on automobile accidents—the causes of specific types, studies, accident victims’ rights, and the process of making a California injury claim—is available free of charge to the public.

For more information or to discuss a specific case with a California auto accident attorney, feel free to call 866-981-5596.

Update: Alcohol Involved In Fatal Santa Ana Pedestrian Accident

blog@www.thecaliforniainjurylawyer.com (news Author)17585 — Thu, 09 Sep 2010 08:00:00 EST

On September 2nd, an Orange County accident lawyer wrote about a fatal Santa Ana pedestrian accident. This week, the Orange County Register reported that the driver responsible for the accident was impaired when he lost control of his vehicle and struck a woman walking on the sidewalk nearby.

Toddler Dies In Labor Day Off-Roading Accident

blog@www.thecaliforniainjurylawyer.com (news Author)17586 — Thu, 09 Sep 2010 08:00:00 EST

In the evening hours of Labor Day, an intoxicated, young father decided to get behind the wheel of his off-road vehicle and bring his 16-month-old toddler with him. An off-roading accident ensued from the man's risky behavior, claiming the life of his son. A Riverside injury lawyer recounts the story.

Huntington Beach Pedestrian Accident: Baby Died From Injuries

blog@www.thecaliforniainjurylawyer.com (news Author)17551 — Wed, 08 Sep 2010 08:00:00 EST

On Tuesday morning, a woman entered a Huntington Beach crosswalk carrying a 3-month-old baby girl; a 7-year-old boy and an 11-year-old girl accompanied her. While the group was crossing, the driver of a 2008 Chevy Tahoe rear-ended the 2006 Toyota Tundra that was already waiting at the crosswalk, causing the vehicle to strike the woman and the two girls. All three were taken to nearby hospitals in critical condition. The baby died from her injuries, reported the Orange County Register.

Both drivers remained at the scene of the pedestrian accident and neither has been cited or charged. The accident is under investigation. Anyone who witnessed the pedestrian accident is urged to call investigator Dennis Fulton at 714-536-5670.

In the United States, a traffic accident claims the life of one pedestrian every 2 hours and injures another every 8 minutes, according to a study of 2008 traffic statistics by the Centers for Disease Control and Prevention (CDC). Moreover, explains an Orange County pedestrian injury attorney, two-thirds of all pedestrian accidents occur inside of crosswalks, with the risk of an accident increasing with the number of lanes the road has.

The Orange County pedestrian injury attorneys at Allen, Flatt, Ballidis, and Leslie would like to offer their condolences to the family of the baby girl, as well as wish the other pedestrian accident victims a full recovery—they will all be in our thoughts and prayers.

As a public service, we offer informative articles and books on issues involving pedestrian accidents free of charge, as well as legal advice.

If you would like more information on pedestrian accidents or need to discuss a specific case with an Orange County pedestrian injury attorney, feel free to call 866-981-5596.

California cities rank among the most dangerous for drivers

jballidis@allenflatt.com (blog Author)38500 — Mon, 06 Sep 2010 08:00:00 EST

Ten California cities rank among the 50 most dangerous driving cities in the nation. In fact, only two California cities are rated by the study as safer than average.

The Allstate Insurance Company just released its sixth annual "Allstate America's Best Drivers Report™." The report looks at America's 200 largest cities in terms of car accident frequency and uses these statistics to determine which cities have the safest drivers.

According to their statistics, the average American driver is involved in a car wreck once every ten years.
Forty-three California cities were ranked in the report. Salinas received the highest ranking at number 15. A driver in Dayton can expect to average one accident every 11.4 years.

Glendale had the lowest score. It was ranked 191st. Drivers in Glendale can expect to be involved in a car accident about once every 5.9 years. This means Glendale drivers are 70.8% more likely to be involved in a crash than the average American driver.

Six Orange County cities were ranked. Drivers in all those cities have a higher than average risk of being involved in an Orange County car accident.

City, 2010 Best Driver Rank , Average Years between Accidents

Huntington Beach, ranked 87 , 9.7 years between accidents
Orange, ranked 101, 9.3 years between accidents
Santa Ana, ranked 120, 8.9 years between accidents
Anaheim, ranked 139, 8.4 years between accidents
Fullerton, ranked 164, 7.6 years between accidents
Garden Grove, ranked 166, 7.6 years between accidents

Los Angeles ranked 183rd. Drivers can expect to be involved in a Los Angeles car accident about once every 6.9 years.

"America's Safest Driving City" in the nation is Fort Collins, Colorado. According to the report, the average driver in Fort Collins will experience a car accident every 14.5 years. This makes those drivers about 31 percent less likely to be involved in a car crash than the national average.

The Orange County car crash attorneys at Allen, Flatt, Ballidis and Leslie represent victims of car crash injury throughout southern California. Contact our Newport Beach law office at 861-938-6113.

Congratulations to California Injury Lawyer James Ballidis

blog@www.thecaliforniainjurylawyer.com (news Author)17483 — Fri, 03 Sep 2010 08:00:00 EST

Everyone at Allen, Flatt, Ballidis, and Leslie would like to congratulate California injury lawyer James Ballidis on receiving the Martin-Hubbell Bar Register of Preeminent Lawyers AV rating for the tenth consecutive year. For over 140 years, this directory has listed the most highly regarded law firms in the United States. The AV rating is awarded to lawyers who are given the highest ranking in the Martin-Hubbell directory for legal ability and strict adherence to the “Professional Code of Responsibility” in conduct, ethics, reliability, and diligence by their fellow lawyers and members of the judiciary.

Difficult Trip-and-Fall Case Resolved. Client On Her Way To Recovery

jballidis@allenflatt.com (blog Author)38426 — Fri, 03 Sep 2010 08:00:00 EST

A few years ago, one of our California injury lawyer's clients was seriously injured while exiting a Jacuzzi owned by the hotel at which she was staying. Upon exiting the water, she reached for a handrail for support. She and the party responsible for managing the hotel were unaware that the handrail was broken. Instead of providing the assistance she had expected, the broken handrail caused her to fall.

Unfortunately, trip-and-fall cases have become increasingly difficult to litigate in Southern California. In court, accident victims face a jury made skeptical to the veracity of their claims by the barrage of commercials and advertisements warning against scam artists. Consequently, law firms seldom take trip-and-fall cases anymore.

After thoroughly reviewing the details of her case, the California injury lawyer decided that not taking it could lead to further accidents in the future, as the chain of hotels had no program for ensuring that its pool equipment was being properly maintained and safe for guests to use. After three challenging years, he was able to obtain the compensation—three times what was initially offered—to which our client was entitled. She was able to receive the medical attention her injuries required and is on her way to an almost full recovery.

We hope that this case positively influences public sentiment toward trip-and-fall cases. The negligence of that hotel chain posed a serious threat to the well being of the public--a threat that has been mitigated now that the chain must create and implement a system for properly maintaining its pool equipment.

The California injury lawyers at Allen, Flatt, Ballidis, and Leslie would like to wish you and your family a safe holiday weekend. If you should ever need our help, feel free to call 866-981-5596.

Santa Ana: Fatal Pedestrian Accident

blog@www.thecaliforniainjurylawyer.com (news Author)17456 — Thu, 02 Sep 2010 08:00:00 EST

Last night in Santa Ana, a Costa Mesa driver lost control of his 2010 Scion and fatally stuck a woman who had been walking on the sidewalk. Police are investigating whether the driver was impaired. An Orange County accident lawyer offers an account of the story.

Police make extra effort to prevent Memorial Day Weekend drunk driving

blog@www.thecaliforniainjurylawyer.com (news Author)17471 — Thu, 02 Sep 2010 08:00:00 EST

Orange County police forces will be putting extra effort into stopping drunken drivers and preventing Orange County traffic accidents this Memorial Day weekend through enforcement patrols and DUI checkpoints.

California Highway Patrol officers are beginning their maximum enforcement period starting Friday at 6:01 p.m. and will continue their efforts until 11:59 p.m. on Monday, September 6.

Last year, CHP officers throughout California made 1,417 arrests for driving under the influence during the same time period last Memorial Day holiday weekend. About 300 of those arrests were made in Orange County.

In addition to CHP’s efforts, most city police departments have scheduled DUI and driver's license checkpoints. The cities of Brea, Newport Beach, Huntington Beach, Fountain Valley, Los Alamitos, Lake Forest, Laguna Niguel and Tustin have also scheduled saturation patrols during the long weekend.

Police say they plan to arrest anyone who is driving while impaired regardless of the situation.

Some police departments have already stepped up efforts to arrest drunk drivers. Earlier this week, the Costa Mesa Police Department arrested four drivers for driving under the influence at a checkpoint at the Bristol Street and Randolph Avenue intersection. Two additional arrests were conducted as a result of the checkpoint; one was a drug possession arrest. A total of 18 citations were issued and 15 vehicles were towed. In Cypress, one driver was arrested after 733 vehicles went through a Saturday night checkpoint.

The Orange County accident attorneys at Allen, Flatt, Ballidis and Leslie wish everyone a safe and happy holiday weekend.

Santa Ana Pedestrian Accident

jballidis@allenflatt.com (blog Author)38377 — Thu, 02 Sep 2010 08:00:00 EST

Late last night, the 19-year-old driver of a 2010 Scion was speeding south on Harbor Boulevard in Santa Ana. Near Warner Avenue, he lost control of the vehicle, swerving across the multi-lane road, crashing into the curb and a fire hydrant, and fatally striking a 55-year-old woman believed to have been walking home from work. The driver sustained serious injuries and was transported to a nearby hospital, reported the Orange County Register.

“I would like to offer my condolences to the family of the woman,” said an Orange County accident lawyer after hearing the news. “They will be in my thoughts and prayers.”

Police are investigating whether the driver was under the influence of drugs and alcohol, the speed at which he was traveling, and the color of the traffic signal when he drove through it, all factors that will determine if misdemeanor or felony charges will be filed. If the driver was in fact impaired, explained the Orange County accident lawyer, then this accident will join the thousands of others that result in fatalities each year. In the United States, one person dies in a traffic accident involving an alcohol-impaired driver every 45 minutes. 48% of the car-verses-pedestrian accidents that resulted in 4,478 pedestrian fatalities in 2008 involved alcohol use.

For information on your rights and options after an accident, or to discuss a specific case with an Orange County accident lawyer, feel free to call 866-981-5596.

Barstow Semi-Truck Accident Among Multiple Truck Accidents In August

jballidis@allenflatt.com (blog Author)38391 — Thu, 02 Sep 2010 08:00:00 EST

Southern California saw multiple fatal truck accidents in the month of August: in the early morning hours of August 9, a Rancho Santa Margarita truck driver had a fatal heart attack while driving and crashed his semi on the I-15 near Barstow; on August 25, a runaway truck crashed into the home of a Santa Barbara family, killing three; and on August 28, a driver made an unsafe lane change on Highway 101 near Gilroy that caused his truck to swerve from the highway and crash, killing him. All three incidents, explains an Orange Country truck accident lawyer, were the result of causes common to truck driving accidents: fatigue, stroke, or heart attack; unsafe lane changes; and improper equipment maintenance or equipment failure.

In California, of the 8,600 truck accidents and 1,000 bus accidents recorded in a study by the National Transportation Safety Board in 2008, 318 resulted in fatalities. The causes of the accidents were placed in three categories: truck driver related, equipment related, and non-truck-driver related. Truck drivers caused more than 50% of the recorded accidents. The most frequent truck-driver-related causes included the use of prescription drugs, traveling at a speed greater than road conditions permit, unfamiliarity with the road, and fatigue or medical problems.

Driving defensively is an effective method for avoiding a collision with a truck driver, according to an Orange County truck accident lawyer. Keep your distance from large trucks: if a truck is traveling closely behind or in front of you, change lanes. Take additional precautions when attempting to pass a truck: swerving or speeding are indications that the driver may be impaired, so you may want to wait until the highway widens, allowing you to pass at a safe distance. Before passing, flash your lights and wait for the driver to blink his rear lights. Avoid truckers that are driving erratically, speeding, or swerving, as these may be indications that they are intoxicated or fatigued.

The Orange County truck accident lawyers at Allen, Flatt, Ballidis, and Leslie would like to offer their condolences to the families of the truck accident victims mentioned in this article. If they or anyone else who has been in a truck accident have questions about their rights and options, we are here for them. To speak with an Orange County truck accident lawyer call 866-981-5596.

Pedestrian Accident: Two Children In Critical Condition

blog@www.thecaliforniainjurylawyer.com (news Author)17435 — Wed, 01 Sep 2010 08:00:00 EST

Some time around 12:30 p.m. today the driver of a tow truck struck a mother who was pushing her two young children in a stroller through a crosswalk. Under the influence of drugs, the driver did not notice that he was dragging the children down the street. Bystanders were able to flag him down, at which point he stopped the vehicle. The pedestrian accident occurred in Oxnard. The mother and her two children are receiving treatment at Ventura County Medical Center. Police have detained the driver.

“To operate any vehicle is a tremendous responsibility, and this man's decision to drive a commercial truck while under the influence of drugs was an act of egregious negligence,” responded an Orange County accident attorney upon receiving the news.

Two-thirds of all pedestrian accidents occur within the boundaries of a crosswalk, explained the Orange County accident attorney, and the risk increases with the number of lanes the highway has. When alcohol or drugs are involved, the risk of an accident increases substantially.

James Ballidis is an Orange County accident attorney specializing in injury claims arising from pedestrian accidents. For information about your rights and options after an accident, feel free to call 866-981-5596.

Salmonella Contamination: Investigation Reveals More Safety Violations

blog@www.thecaliforniainjurylawyer.com (news Author)17407 — Tue, 31 Aug 2010 08:00:00 EST

In the same month that new egg-safety regulations went into effect, FDA officials have found additional safety violations and salmonella contamination at the two Iowa farms, Wright County and Hillandale, responsible for the outbreak. Read an Orange County accident attorney's account of the story, as well as suggestions for avoiding food-borne illnesses.

Poisoning Salmonella: Additional Safety Violations Found At Iowa Farms

jballidis@allenflatt.com (blog Author)38233 — Tue, 31 Aug 2010 08:00:00 EST

Nearly a month after new safety regulations for egg farms went into effect, Food and Drug Administration (FDA) inspectors have found numerous violations at the two Iowa farms responsible for the poisoning of hundreds of people from salmonella-contaminated eggs over the summer. Non-chicken feathers, live mice, and flies were found at Wright County Farms. At Hillandale Farms—the source of eggs for one of California’s main distributors, Moark—inspectors found rodent holes, leaking manure, and salmonella-contaminated water. Prior to these recent findings, the FDA had linked contaminated chicken feed found at both farms to the nationwide outbreak.

“After nearly 1,500 people have become ill and over half a billion eggs have been recalled, the failure of the owners of these farms to address contamination problems is egregiously negligent,” remarked Orange County accident attorney, James Ballidis, in response to the news.

Before the egg recall, 95% of the eggs distributed throughout the country came from these two Iowa farms, which were also the source of over 40% of California’s eggs, explains Orange County accident attorney, James Ballidis. The fact that the eggs were distributed under several different brand names posed a major challenge to FDA investigators attempting to trace the source of the bacteria at the onset of the outbreak of poisoning from salmonella. The following brand names have been recalled: Albertsons, Farm Fresh, Glenview, Mountain Dairy, Ralphs, Boomsma, Lund, Pacific Coast, Kemp, Yucaipa Valley, and Farmer’s Gems. The following plant numbers, which can be found under the sell-by date on the egg carton, have also been recalled: P-1720, P-1942, P-1026, P-1413, and P-1946.

To avoid food-borne illnesses, FDA officials recommend to keep eggs refrigerated, fully cook them (no sunny-side up), and to discard the shells immediately after use. Additional safety tips can be found at www.foodsafety.gov/

With nearly 300 cases of salmonella poisoning reported in California, Orange County accident attorney, James Ballidis, has received several queries into the rights of the victims of food-borne illnesses. In response, he wrote an informative article on salmonella poisoning victims’ rights. To discuss a specific case, feel free to call him at 866-981-5596.

New Huntington Beach Law Has Residents Divided

blog@www.thecaliforniainjurylawyer.com (news Author)17318 — Fri, 27 Aug 2010 08:00:00 EST

Huntington Beach city officials recently finalized an ordinance that will charge nonresidents for emergency services, such as having firefighters respond to the scene of an accident or extricating an individual from a car wreck. Residents of the city stand divided on whether the new law will be beneficial. An Orange County accident attorney recounts the story and discusses the law's implications for Huntington Beach, as well as other Orange County cities.

Hospitals Medicare Acceptance: Learn How Accident Victims Are At Risk

blog@www.thecaliforniainjurylawyer.com (news Author)17322 — Fri, 27 Aug 2010 08:00:00 EST

Hospitals medicare acceptance has been declining. Instead hospitals are forcing accident victims to release the money they will receive from the settlement as compensation, leaving them with no resources for further medical care, pain and suffering, or lost wages. Read about how an Orange County accident attorney was able to help one such victim--or watch the story.

Residents Respond to New Huntington Beach Emergency Services Fees

jballidis@allenflatt.com (blog Author)38069 — Fri, 27 Aug 2010 08:00:00 EST

Huntington Beach residents offered opposing opinions in response to recent news that the city would begin charging nonresidents for emergency services. In the near future, if a visitor to the city causes a car accident, he or she will be charged $595 for spilt vehicle fluids, such as oil and gasoline; $750 for car fires; and almost $2,000 for extraction from a vehicle. The city intends to bill the negligent, nonresident driver’s automobile insurance company; if the driver does not have insurance, he or she will be billed directly.

“These fees will end up being paid out-of-pocket,” predicted an Orange County accident lawyer, “as insurance companies will not cover them.”

With an estimated 10 to 13 million tourists visiting Huntington Beach every summer—resulting in approximately 300 traffic accidents annually—the city hopes the new fees will increase its revenue by $100,000.

Responses to the new law have been divided. In a recent Los Angeles Times article, Councilman Devin Dwyer expressed his opposition to the law, suggesting that insurance rates will increase as a result of the emergency service fees, impacting everyone in the end.

One resident approved of Huntington Beach’s decision to hold visitors accountable for these services.

Another commented that the revenue the city brings in from tourists patronizing local businesses, sales tax, and parking fees greatly outweighs the estimated $100,000 expected to come from the new fees. He went on to add that the new law could cause a decline in tourism.

“Other Orange County cities are likely to follow Huntington Beach, Costa Mesa, and Santa Ana in charging nonresidents for emergency services as increasing budget cuts accompany the economic recession we are currently experiencing,” noted an Orange County accident lawyer.

James Ballidis is an Orange County accident lawyer specializing in automobile accident claims, a subject that he has also written numerous articles about. To discuss your rights and options after an accident or to request a copy of one of his articles, feel free to call 866-981-5596.

Hospital Has Client Sign Away Rights, California Injury Lawyer Helps Client.

jballidis@allenflatt.com (blog Author)38075 — Fri, 27 Aug 2010 08:00:00 EST

A California pedestrian sustained severe injury to his leg and ankle after a car struck him at an intersection. The hospital tht treated him refused to accept medicare, instead making him sign over all rights to insurance of the other driver. He needed that insurance to pay other bills, pay for his wage loss (still actively employed as a researcher) and pain and suffering for over 1 year. He needed the help of California injury lawyer James Ballidis.

After negotiating with the hospital and the other insurance company, this gentleman made a full recovery physically and financially. Call us if you are being taken advantage of at 1 866 981-5596. Don't let hospitals and insurance companies take what you are entitled to receive.

See his story here.

Placentia Police Impounded 22 Cars In Under 7 Hours

blog@www.thecaliforniainjurylawyer.com (news Author)17262 — Wed, 25 Aug 2010 08:00:00 EST

During a DUI and driver's license checkpoint conducted between 6 p.m. last Friday and 12:30 the following Saturday, Placentia police issued 32 citations, impounded 22 cars, and made one arrest for driving under the influence, reported the Orange County Register.

The checkpoint was funded by a grant from the California Office of Traffic Safety through the National Highway Transportation Safety Administration. DUI checkpoints will be erected in Orange County cities through Labor Day, according to an Orange County accident attorney.

We hope you have a fun and safe holiday weekend. Should you ever need us, feel free to call 866-981-5596.

DUI Car Crash Leaves One Dead

blog@www.thecaliforniainjurylawyer.com (news Author)17175 — Mon, 23 Aug 2010 08:00:00 EST

Shortly after 11:00 p.m. on Sunday night, the 24-year-old driver of a Toyota sedan used the right shoulder of the freeway in an attempt to pass a semi-truck tractor. Speeding and driving under the influence of alcohol, the man lost control of the vehicle, swerving off of the freeway, down an embankment, and into a palm tree. The DUI car crash left one of his passengers, a 23-year-old Diamond Bar woman, dead and the other, a 22-year-old Anaheim woman, injured. CHP arrested the man for felony drunk driving, reported the Orange County Register.

As Labor Day approaches, Southern California drivers should report instances of drunk driving by calling 911. Indications of drunk driving include weaving across lanes, swerving, wide turns, driving at erratic speeds, delayed response to traffic signals, and following to closely.

To speak with an Orange County accident attorney about your rights and options after an accident or to read about measures the state of California is taking to combat drunk driving, feel free to call 866-981-5596.

We at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of accident victim mentioned in this article. They will be in our thoughts and prayers.

Search For Hit-and-Run Driver Continues

blog@www.thecaliforniainjurylawyer.com (news Author)17180 — Mon, 23 Aug 2010 08:00:00 EST

At about 2:25 a.m. on the morning of July 17, Kenneth Lindeman, a night watchman for the Gramercy Apartments in Anaheim, was crossing Westminster Boulevard at Milan Street when he was fatally struck by a vehicle, reported the Orange County Register. The hit-and-run driver still has not been identified. Westminster detectives are asking anyone with information about the accident to contact Investigator Al Brackett at 714-548-3830.

Hit-and-run accidents took the lives of 228 people and left 16,930 injured in 2008, according to the California Highway Patrol's most recent records. Such accidents can have a devastating impact on the family of the accident victim, as there is no driver to hold accountable for the exorbitant cost of treating the accident victim's injuries, or for the absence of the injured family member's contribution to the family--not to mention the grief and emotional pain suffered by the family.

Coworkers described Kenneth Lindeman as an individual who was full of love and happiness and often tried to cheer up those around him. He will be greatly missed. Our thoughts and prayers go out to his family during this difficult time.

For more information on your rights and options after a hit-and-run accident or any other type of accident, feel free to call 866-981-5596 to speak with an Orange County injury lawyer.

County police gear up to prevent Orange County drunk driving accidents

blog@www.thecaliforniainjurylawyer.com (news Author)17184 — Mon, 23 Aug 2010 08:00:00 EST

Police Departments throughout Orange County are stepping up patrols and DUI checkpoints in preparation for Labor Day weekend. A multiagency anti-DUI task force known as "Avoid the 38," which includes the Orange County Sheriff's Department, began roving drunk driver enforcement on Friday, August 20.

In addition to countywide efforts, the cities of Brea, Newport Beach, Huntington Beach, Fountain Valley, Lake Forest, Laguna Niguel, Los Alamitos and Tustin will be conducting extra DUI saturation patrols in their respective cities during the enforcement period.

Drivers with BAC greater than .08 are responsible for about one-third of motor vehicle deaths.

The U.S. Department of Transportation cites the holidays of Labor Day, Independence Day and Memorial Day as some of the most dangerous times to be driving. These holidays trail only Thanksgiving in terms of the number of car accidents and deaths on the road.

In 2009, 299 drunk driving arrests were made in Orange County during summer Mobilization/Labor Day Weekend campaign.

Funding for the "Avoid" program is provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

Scheduled checkpoints

Aug. 21 – Anaheim
Aug. 27 – Laguna Niguel
Aug. 28 – La Habra
Sept. 3 – Anaheim
Sept. 4 – La Habra

Scheduled saturation patrols

Aug. 20 – Anaheim, Aliso Viejo, Laguna Hilla, Laguna Niguel, Laguna Woods
Aug. 27 – La Habra
Aug. 28 – Anaheim
Sept. 2 – Placentia
Sept. 3 – Orange
Sept. 4 – Irvine
Sept. 5 - Orange

DUI Crash, Driver Trapped

blog@www.thecaliforniainjurylawyer.com (news Author)17142 — Fri, 20 Aug 2010 08:00:00 EST

At around 2 a.m. on Thursday morning, police responded to the scene of an accident involving two cars to find one of the drivers trapped in his car. It was later discovered that he had been drinking when he caused the accident, reported the Orange County Register.

Today marks the beginning of a countywide DUI crackdown by law enforcement. DUI checkpoints will be set up throughout Orange County, starting with Anaheim on Saturday August 21st and ending in Orange on Sunday September 5th.

The California Injury Lawyers at Allen, Flatt, Ballidis, and Leslie would like to wish you and your family a safe weekend. Should you ever need our help, feel free to call 866-981-5596.

Garden Grove Child Drowning

blog@www.thecaliforniainjurylawyer.com (news Author)17104 — Thu, 19 Aug 2010 08:00:00 EST

A 2-year-old Garden Grove boy drowned in an enclosed pool yesterday. An Orange County accident attorney discusses how such swimming accidents can be prevented.

Families sues Anaheim Hills doctor after anesthesia death is ruled homicide

mmazal@allenflatt.com (blog Author)37601 — Thu, 19 Aug 2010 08:00:00 EST

The family of an abortion patient whose death was recently reclassified as a homicide has filed an Orange County wrongful death lawsuit against the Anaheim Hills doctor who performed the procedure.

Thirty-year-old Yong Chen sought an abortion at a San Gabriel strip mall clinic in July 2009. After she was given local anesthesia, she suffered a heart attack and died from a fatal reaction to the drug.

Dr. Andrew Rutland faces discipline by the California Medical Board.

The medical malpractice lawsuit was filed last month on behalf of their 2-year-old daughter. The suit alleges that the clinic was not properly equipped to perform an abortion and that Dr. Rutland did not adequately attempt to Chen after her heart attack.

The abortion took place at an acupuncture clinic which was not licensed to perform abortions. The chief medical examiner who investigated the death found expired drugs, lack of oxygen and dangerous drugs stored in mislabeled drawers.

Chen's death was originally ruled accidental, but the coroner's department changed the cause to homicide after the medical investigation. No charges have been filed at this time.

Rutland had previously lost his license after admitting medical negligence in the death of a newborn in 2002. It was reinstated in 2007.

When a medical professional deviates from the accepted standard of care and causes harm, he is guilty of medical malpractice. To learn more about the rights of medical malpractice victims, call the Orange County wrongful death attorneys at Allen, Flatt, Ballidis and Leslie. 1-866-981-5596.

Bicyclist Dies A Week After Newport Beach Cycling Accident

blog@www.thecaliforniainjurylawyer.com (news Author)17064 — Wed, 18 Aug 2010 08:00:00 EST

Another Newport Beach cycling accident ended in tragedy on Sunday. An Orange County injury attorney gives an account of the incident and explains how the area has become increasingly dangerous for bicyclists.

Another Tragic Cycling Accident In Newport Beach

jballidis@allenflatt.com (blog Author)37512 — Wed, 18 Aug 2010 08:00:00 EST

On Tuesday August 3^rd, 65-year-old Dan Crain was bicycling southbound on Newport Coast Drive when a vehicle merging onto the same street from the 73 Toll Road struck him, the impact throwing him to the ground. While Crain was lucid enough to give a statement after the cycling accident, his injuries required multiple spinal surgeries throughout the week following the accident. He died at Mission Hospital last Sunday evening. The cause of death is still under investigation, reported the Orange County Register.

“The risk of sustaining serious or fatal injuries while cycling in Newport Beach appears to be escalating,” noted an Orange County injury attorney. “Last month a Ghost Bike Memorial was erected just a few miles from here for another fallen cyclist.”

Crain received his own memorial on Monday when the Orange County Rebel Riders, the bicycling club in which he was a member, posted a eulogy for him on their website: “Cycling has suffered yet another terrible loss, and the OCRR has lost a good friend and wonderful cyclist.”

If the injuries Crain sustained from the accident were in fact the cause of his death, then this marks the fourth fatal cycling accident in this area of Newport Beach to occur since July 2009, when Darryl Benefiel died from his injuries after a car making a left-hand turn onto Tesoro crashed into him. Then, in December, an Irvine bicyclist was killed in a hit-and-run accident on Jamboree. Last July, Michael William Nine—the cyclist for whom the Ghost Bike Memorial was constructed—was fatally struck by a stake-bed trucking making an illegal left-hand turn.

The Newport Beach Task Force on Cycling Safety, which was recently created with the objective of improving safety conditions for bicyclists in the area, submitted its suggestions to the Newport Beach City Council last May. Hopefully, safety measures are being implemented.

“Drivers and bicyclists must take extra precautions when traveling through this area, or any other for that matter,” said an Orange County injury attorney. “Many cycling accidents occur when drivers are turning and either underestimate how quickly a cyclist will enter an intersection, or fail to see the cyclist.”

Whether driving or bicycling, slow down before entering an intersection, check your surroundings, and make eye contact with other parties to ensure that they intend on stopping for you.

James Ballidis is an Orange County injury attorney who has written extensively on cycling accidents, as well as other subjects related to personal injury law. If you have been in a cycling accident and have questions about your rights and options, feel free to call 866-981-5596.

Irvine Police Investigating Bicycle Accident Involving Amtrak Train

blog@www.thecaliforniainjurylawyer.com (news Author)17038 — Tue, 17 Aug 2010 08:00:00 EST

At around 7 a.m. an elderly man fell from his bicycle onto the tracks of an approaching Amtrak train, reported the Orange County Register. Orange County paramedics found the man injured at the scene of the accident, near Harvard Avenue in Irvine. He suffered a broken leg and ankle and has been taken to an Orange County hospital.

The accident is under investigation. Witnesses are urged to contact Detective Jon Cherney of the Irvine Police Department's Major Accident Investigation Team: (949) 724-7024.

Allen, Flatt, Ballidis, and Leslie is an Orange County personal injury law firm specializing in bicycle and pedestrian accidents. If you have been in an accident and have questions about your rights and options, feel free to call 866-981-5596.

Liability Minimum Lowered: Find Out How You're At Risk

blog@www.thecaliforniainjurylawyer.com (news Author)17014 — Mon, 16 Aug 2010 08:00:00 EST

During these tough economic times, many drivers are opting for California's new Low Cost Auto Insurance Program, which offers insurance policies at the state's liability minimum. Read about how this program compromises the amount of compensation you receive for medical bills and property damage after an accident. A California injury lawyer offers advice for how to protect yourself.

Mojave crash: 8 die, lawmakers question off-road racing on public land

blog@www.thecaliforniainjurylawyer.com (news Author)17099 — Mon, 16 Aug 2010 08:00:00 EST

An an accident that killed eight spectators, California's U.S. senators are pressing for more details about Bureau of Land Management’s (BLM) oversight of off-road racing on public lands.

The accident occurred at the California 200, an off-road race in Lucerne Valley about 100 miles east of Los Angeles, which took place on Saturday, August 14. Eight bystanders were crushed to death when a racer took a jump at high speed, and his truck flipped into the crowd. A dozen others were injured.

The race was held with the approval of the federal Bureau of Land Management, which owns the land used for the race. Safety at the race was the responsibility of the race organizer, Mojave Desert Racing. The permit issued by BLM required racers to travel at 15 mph or less when they were within 50 feet of fans. It also allowed no more than 300 spectators for the event; however, tens of thousands of spectators watched the race along the 50 mile track. Many were within four feet of the speeding vehicles as they navigated through a series of jumps. The track had no guardrails.
I
t took rescue vehicles and helicopters more than half an hour to reach the scene of the accident. Six people died at the scene; two others died later. The 12 injured people were airlifted to nearby hospitals.

CHP and BLM are investigating the crash.

Anaheim woman sues Fullerton for pedestrian accident injuries

blog@www.thecaliforniainjurylawyer.com (news Author)17000 — Sat, 14 Aug 2010 08:00:00 EST

An Anaheim woman has filed a personal injury claim against the city of Fullerton for $2.6 million because she believes that unsafe lighting and traffic configurations led a car to hit her in a February pedestrian accident.

Fifty-two-year-old Samira Hassan was crossing the street at the intersection of Brookhurst Road and Valencia Drive in Fullerton at 11:02 p.m. on Friday, February 5, 2010. She sustained a skull fracture, rib fractures, chest injuries, neck injuries and back injuries in the accident.

Many, and perhaps most, pedestrian accidents occur because the victim is not visible to the driver. Pedestrians can help prevent accidents by wearing light-colored, reflective clothing and by crossing only at marked crosswalks.

Drivers should watch for pedestrians and allow them time to cross safely.

The Orange County accident attorneys at Allen, Flatt, Ballidis and Leslie represent victims of pedestrian accidents throughout Southern California. To learn more, call 1-866-981-5596.

Pregnant bicyclist killed in hit-and-run accident

blog@www.thecaliforniainjurylawyer.com (news Author)16999 — Fri, 13 Aug 2010 08:00:00 EST

A pregnant woman was killed by a hit-and-run driver in Garden on Thursday night as she was riding her bicycle. Police say they need any information the public can offer.

The Orange County bicycle accident occurred at 11:59 p.m. on Thursday, August 12, 2010. Thirty-one-year-old Jennifer Costlow was riding her bicycle southbound on Normandie Avenue and Gardena Boulevard when she was hit by a car from behind. The driver slowed, turned on the bright lights and then fled the scene.

Costlow who was four months pregnant was rushed to a local hospital for treatment of severe head injuries. She did not survive.

Her boyfriend was riding with her at the time of the bicycle accident. He was not hit. The couple has a three year old child.

Police said they few clues and only know that the vehicle was a dark-colored two-door vehicle. They are asking anyone with information to call the Gardena Police Department at (310) 217-6135.

Car Jacking Is On Rise. What Can You Do To Avoid Being A Target.

jballidis@allenflatt.com (blog Author)37241 — Fri, 13 Aug 2010 08:00:00 EST

Orange County residents are fortunate to live in some of the safest communities in America. However earlier this week, residents of Orange were horrified that a woman in a grocery store parking lot was stabbed, her car carjacked, and now is fighting for her life—all in broad daylight.

The woman had just finished grocery shopping; was loading her bags, then getting in her car when a man approached her. Earlier eye witnesses had seen this young man loitering around the parking lot asking for money. Witnesses saw the woman comply with the man’s demands, gave him the keys to the car but he stabbed her anyway.

Carjackers have become bolder and even in this case, strike in the middle of the morning with several eyewitnesses. This is not the first time as California Injury Lawyers we have seen this behavior and the damage it leaves behind. Another incident happened last week in San Diego. A man handed over his car and was running away when the carjacker shot him 5 times in the back. He is expected to survive but is hospitalized in serious condition.

According to the National Insurance Crime Bureau’s recent statistics, 6 of the top ten hot spots for stolen vehicles in the U.S. are in California. Carjacking is a crime that is on the rise and because it is a crime of convenience, sometimes the type of car you drive is not as important as where you are. Furthermore, it is important to know where carjackers usually strike and as always, pay attention to your surroundings, even if you live in a safe Orange County community.

Ninety-three percent of all carjacking situations happen in a suburb or urban setting. Malls and grocery stores are common sites for carjacking, but so are intersections controlled by stop signs or stoplights; ATM’s and self-service gas stations. Here are recommendations from our Orange County auto accident lawyers:

While driving:
•    Keep your car well-maintained and full of gas
•    While driving through traffic, try to drive in the center lane and through well-lit areas
•    Keep your windows rolled up and doors locked while driving through stop and go traffic
•    If someone is following you or bumps into you intentionally, drive to a police station or call 9-1-1. “Bump and Rob” is a typical ploy where once you have left your car to exchange information with the other driver, the passenger in the other car has an opportunity to steal your car.

Getting into your car:
•    Approach your car with your key in hand and walk with a purpose. Don’t be chatting on your cell phone or juggling several shopping bags.
•    Avoid people handing out flyers in parking lots and keep a safe distance from people approaching you; whether it is to ask for directions, money or just the time.
Getting out of your car:
•    Look around before you open your door.
•    Never leave electronics or other valuable in plain view—remember, it is usually a crime of convenience.
And lastly, if you find yourself in the unfortunate situation of being carjacked, be aware that in75% of all cases a weapon is used; try to stay calm and follow the carjacker’s demands. Your car can always be replaced.

California Injury Lawyer's Client Receives Specialized Treatment For Thoracic Outlet Syndrome

jballidis@allenflatt.com (blog Author)37254 — Fri, 13 Aug 2010 08:00:00 EST

For far too long, one of our clients has been suffering from a painful condition called thoracic outlet syndrome. The client came to one of our California injury lawyers after he had been in accident in which another driver pulled from a stop sign, striking him as he was driving about forty miles an hour. It was a horrible accident, from which our client sustained serious neck injuries, in addition to the thoracic outlet syndrome.

Thoracic outlet syndrome is a painful condition in which either the blood vessels or the nerves in the thoracic outlet, the area between the clavicle and first rib, become compressed. Neurogenic thoracic outlet syndrome results from compression on the brachial plexus, the group of nerves originating at the spinal cord that are responsible for muscle movement and sensation in the shoulder, arm, and hand. Symptoms include neck and shoulder pain, aching hands, a tingling sensation in the fingers, and a weakening grip. Vascular thoracic outlet syndrome occurs when the veins or arteries under the clavicle are constricted, causing a throbbing lump near the collarbone, blood clots in the arm, and discoloration of the hand.

The physical trauma suffered in a car accident is a common cause of thoracic outlet syndrome, which was the case with our California injury lawyer's client. While the condition is often treated with physical therapy, in more severe cases, surgery may be recommended. Both surgical approaches—either making an incision under the neck to expose the brachial plexus and repair constricted blood vessels or making an incision in the chest and partially removing the first rib to relieve pressure—carry the risk of injuring the brachial plexus and possibly limiting muscle movement.

Our client was given a difficult diagnosis: surgery or a specialized treatment program. We referred him to a medical specialist and he is now receiving treatment in a specialized program. We hope that he makes a full recovery.

We hope that your family is having a healthy summer. Should you ever need our help, feel free to give us a call at 866-981-5596. We are always here for you.

The California injury lawyers at Allen, Flatt, Ballidis, and Leslie have been helping accident victims throughout Orange County and Southern California since 1974.

Bishop Accident Kills Cal Baptist Cheerleading Coach and Two Others

blog@www.thecaliforniainjurylawyer.com (news Author)16897 — Wed, 11 Aug 2010 08:00:00 EST

Last Monday night Cal Baptist cheerleading coach, Wendy Rice, and two graduates of San Diego's Cathedral Catholic High School were killed in an accident involving three vehicles on California Highway 395 near Bishop. Read on for a California injury lawyer's account of the tragic story.

South Bay Freeway Car Accident Injures Seven People. Alcohol Involved.

blog@www.thecaliforniainjurylawyer.com (news Author)16907 — Wed, 11 Aug 2010 08:00:00 EST

Last Sunday, seven people sustained minor to critical injuries from a multiple vehicle collision on the 405 Freeway. Three of the drivers were suspected to have been under the influence of alcohol or drugs. An Orange County accident attorney offers an account of the accident.

Costa Mesa Motorcyclist Injured in Hit and Run Accident

blog@www.thecaliforniainjurylawyer.com (news Author)16851 — Mon, 09 Aug 2010 08:00:00 EST

A motorcyclist sustained serious injuries after being struck by a flatbed truck on a Costa Mesa freeway last Friday. An Orange County accident attorney recounts the incident and offers California motorcycle accident statistics.

Ojai Teen Dies In "Car Surfing" Accident

blog@www.thecaliforniainjurylawyer.com (news Author)16793 — Thu, 05 Aug 2010 08:00:00 EST

Ventura County has seen two incidents of car surfing in the last two months—both resulting in serious or fatal injuries. The most recent occurred last Sunday night, when Cody Doolittle of Ojai died from the head injuries he sustained in a car surfing accident. An Orange County accident lawyer discusses the incidents, as well as statistics indicating that car surfing is becoming more popular among teenagers.

Dog Bite Prevention: California Injury Lawyer Offers Suggestions

blog@www.thecaliforniainjurylawyer.com (news Author)16746 — Wed, 04 Aug 2010 08:00:00 EST

A California injury lawyer offers guidelines for dog bite prevention after receiving news that a San Diego couple's German shepherd fatally attacked their two-year-old son last Saturday.

San Clemente man injured in school zone pedestrian car crash.

jballidis@allenflatt.com (blog Author)36514 — Tue, 03 Aug 2010 08:00:00 EST

A 61-year-old pedestrian sustained a broken leg and head injuries when he was hit by a teen driver near San Clemente High School.

The Orange County pedestrian accident happened just before 9 p.m. on Sunday, August 1 near 700 Avenida Pico, in San Clemente.

The 61-year-old man was taken to Mission Hospital, in Mission Viejo, for treatment of his injuries.

The driver did not appear to have been drinking and was not cited for the crash. The accident is still under investigation.

Pedestrian Accident Facts

•    In 2008, 4,378 pedestrians died in motor vehicle crashes.

•    70 percent of the pedestrians killed were males.

•    72 percent of pedestrian fatalities occur in urban areas.

•    California has more pedestrian fatalities than any other state. It is followed by, Florida, Texas, and New York. These four states make up 42 percent of pedestrian fatalities nationwide, but account for only 30 percent of the total traffic fatalities across the country.

•    48% all pedestrian fatalities occur on Friday, Saturday, and Sunday (16%, 18%, and 14% )

•    70% of pedestrian fatalities occur at night (4 p.m. - 4 a.m.).

The Orange County personal injury attorneys at Allen, Flatt, Ballidis and Leslie represent victims of accidents throughout Southern California. If you have lost a loved one to a California pedestrian accident, we can help you find an attorney to help you with your case. Call 866-981-5596 to request our free book: Avoid Lawyer Advertising Hype! A Lawyers Method for Finding a Lawyer.

Fallen Bicyclist Memorialized In Newport Beach

blog@www.thecaliforniainjurylawyer.com (news Author)16689 — Mon, 02 Aug 2010 08:00:00 EST

On July 22, family and friends attended a ghost bike memorial for 43-year-old Michael William Nine. Nine had been riding his bicycle on Spyglass Hill Road in Newport Beach when a truck driver failed to heed a sign prohibiting left hand turns. Read on for the full story and to find out how dangerous turns often lead to bicycle accidents.

Ladera Ranch man sentenced in drunk driving death of OC athlete

blog@www.thecaliforniainjurylawyer.com (news Author)16708 — Mon, 02 Aug 2010 08:00:00 EST

A Ladera Ranch man was sentenced on Friday to four years in prison for killing a man while driving drunk and under the influence of cocaine.

The Orange County car accident occurred on October 16, 2009 on the San Joaquin Hills Toll Road north of Laguna Canyon Road.

Thirty-seven-year-old Richard Ernest Caselli was seen weaving through traffic on the southbound 73. He drove his Volvo sedan at speeds of more than 100 miles per hour. The high speed drive ended when Caselli crashed into a Nissan sport utility vehicle from behind and caused the SUV to flip in the air and roll over.

The driver of the Nissan was 52-year-old Brook Boynton of San Clemente. Mr. Boynton was a competitive marathon runner and triathlete. He was ejected from the vehicle and died at the scene from injuries sustained in the crash.

Caselli had spent the five hours before the accident drinking Salty Dogs and Jägermeister Bombs at the Class Cue in Newport Beach. Caselli was arrested at the scene after he showed signs of intoxication and failed to pass field sobriety tests. His blood-alcohol level after the accident was 0.18 – more than twice the legal limit.

Caselli plead guilty in May to vehicular manslaughter with gross negligence while intoxicated, but his sentencing was delayed.

Caselli has no prior record and checked himself into a residential center for treatment after the accident. He has claimed remorse and has offered to work with Mothers Against Drunk Driving to prevent future DWI accidents.

Los Angeles Industrial Explosion Kills Two

blog@www.thecaliforniainjurylawyer.com (news Author)16650 — Fri, 30 Jul 2010 08:00:00 EST

Los Angeles firefighters arrived to the 900 block of East 59th Street to find a building in flames and victims lying in the street after an industrial explosion early this morning. An investigation by the Southern California Gas Company attributed the explosion to a gas line that had been tampered with. Our thoughts and prayers go out to the families of the workers. Read on for the full story and to find out why the workers' families may have a wrongful death case.

Distracted driver causes fatal Long Beach accident

blog@www.thecaliforniainjurylawyer.com (news Author)16514 — Mon, 26 Jul 2010 08:00:00 EST

It only takes a second of inattention to cause a fatal car accident. A Long Beach man who fell asleep at the wheel survived one accident, but was killed when another driver took his eyes off road for just a moment to adjust his radio.

The distracted driving crash occurred on Sunday, July 25 at about 2:05 a.m. on southbound I-405 south of Cherry Avenue in Long Beach.

The driver of a 2004 Mazda minivan fell asleep at the wheel and crashed into the meal guardrail on the right shoulder of I-405. The van spun out and came to rest pointing northbound on the two southbound lanes.

Three minutes late a Huntington Beach man driving south in a 2004 Ford Explorer hit the van. The driver was adjusting his radio, but looked up and saw the disabled van blocking his lane. He was unable to stop in time to avoid a collision with the driver’s side of the van.

The minivan’s driver was taken to Long Beach Memorial Hospital where he was pronounced dead. A 37-year-old woman who was a passenger in the van was taken to the same hospital for treatment of moderate injuries. The other driver was taken to Long Beach Community Hospital and was treated for minor injuries.

Motorcycle rider injured in Fullerton semi-truck crash

mmazal@allenflatt.com (blog Author)35600 — Thu, 22 Jul 2010 08:00:00 EST

A motorcycle and tractor-trailer collided in a Fullerton accident.The rider of the motorcycle was seriously injured in the crash. The collision occurred in the eastbound lanes of Chapman Street at approximately 12:20 p.m. on Tuesday, July 20.

The motorcyclist was riding east on Chapman Street as an 18-wheeler was making a right turn onto the eastbound lanes of Chapman from Raymond. The two vehicles collided at the intersection.

The rider of the motorcycle sustained injuries and was treated at the scene by Fullerton firefighters and paramedics before being transported to the hospital. The extent of the rider's injuries is not known.

The motorcycle's fuel tank ruptured during the accident. Firefighters had to use dirt dikes to contain the fuel that was gathering in the gutter.

The driver of the semi truck was unharmed.

The motorcycle accident is still under investigation and no charges have been filed.

Two thirds of motorcycle collisions with other vehicles occur when the driver of the larger vehicle violates the right of way of the motorcyclist. Motorcycles offer little protection to their riders, especially in a collision against a larger vehicle such a big rig truck. Eighty-percent of motorcycle crashes result in injury or death. Forty-five percent result in serious injury.

If you have been injured in an Orange County motorcycle accident and you need help, call Allen, Flatt, Ballidis and Leslie at 866-981-5596. Our motorcycle crash attorneys have the expertise to get you the help you need.

Mayor Antonio Villaraigosa Suffers Broken Elbow After Bicycle Accident

blog@www.thecaliforniainjurylawyer.com (news Author)16371 — Tue, 20 Jul 2010 08:00:00 EST

Mayor Antonio Villaraigosa was struck by a taxicab while riding his bicycle last week. According to a Los Angeles Bicycle Accident Lawyer, Los Angeles streets are becoming increasingly dangerous for bicyclists. Read on to find out how Villaraigosa's accident marks the culmination of years of unsafe riding conditions for cyclists.

Thousands of pacifiers recalled in California may cause infant death

blog@www.thecaliforniainjurylawyer.com (news Author)16396 — Tue, 20 Jul 2010 08:00:00 EST

The U.S. Consumer Product Safety Commission announced on Tuesday that it is recalling approximately 44,9000 pacifiers that were sold in independent grocery stores in California and Texas for 25 cents each between October 2009 and March 2010.

The Karino Baby Pacifiers, which are made in Mexico and distributed by Antonio Flores in San Ysidro, are being recalled because they present a choking hazard.

The pacifier has the word "Karino" on the handle side of the mouth guard and the word "Mygra" on one side of the handle. The pacifier has the potential to pose a choking and aspiration hazard to young children. The nipple on the pacifier can easily separate from the base and cause a child to choke. In addition, the pacifier handle is too long and the mouth guard is too small and there are no ventilation holes on the mouth guard.

No injuries or wrongful deaths have been reported; however, parents should take the pacifiers away from children immediately and contact Antonio Flores at (619) 395-4543 for a full refund or exchange.

If your child has been injured by a pacifier or another baby product and you would like to know if you have legal rights, call the Orange County pesonal injury attorneys at Allen, Flatt, Ballidis and Leslie at 1-866-938-6113.

Early Morning Lake Forest Crash Sends One To The Hospital

blog@www.thecaliforniainjurylawyer.com (news Author)16247 — Thu, 15 Jul 2010 08:00:00 EST

Two cars collided in the early morning hours of July 10, 2010, flinging one vehicle nearly two blocks away from the location of initial impact and leaving the other, a red car, totaled with a young man trapped inside, according to the Orange County Register. One person was taken to the hospital. Sheriff’s deputies are investigating whether alcohol use was a factor. The accident occurred on Trabuco Road and Cherry Avenue, near La Vina Drive, in Lake Forrest. A man residing near the scene of the accident contacted the Orange County Sheriff’s Department after being awakened by the sound of the crash.

We hope none of the accident victims sustained life-threatening injuries and wish them a smooth and timely recovery. They and their families will be in our thoughts and prayers.

While the cause of the accident is still unclear, we hope that it is not another instance of a collision resulting from driving while under the influence of alcohol or drugs. 1,230 DUI arrests and 24 fatalities occurred over the July 4^th weekend throughout California in 2008 alone. Nationwide, someone dies every 45 minutes from an automobile accident in which alcohol use was a factor, according to the Centers for Disease Control and Prevention, or CDC.

Accidents resulting from alcohol or drug impairment are unfortunately all too common in California and are often accompanied by tragic consequences. The injuries from these types are collisions are often severe—sometimes even life threatening. After such an accident, a thorough investigation of the scene will prove decisive to determining liability and the amount of compensation for medical expenses, lost wages, and property damage or loss the injured party is entitled to. During this difficult time, it may be best to allow an experienced California Injury Lawyer to investigate and advocate for the accident victim, allowing him or her to focus on recovering.

For over 35 years the law firm of Allen, Flatt, Ballidis & Leslie has been helping the victims of accidents similar to the one just described. If you were involved in this accident or one with similar circumstances, feel free to contact us for free legal advice at 866-981-5596 or visit California injury lawyer.

Santa Ana Cyclist killed in Newport Beach bicycle accident

blog@www.thecaliforniainjurylawyer.com (news Author)16261 — Thu, 15 Jul 2010 08:00:00 EST

Newport Beach police are investigating an accident that left cyclist dead. It is the third fatal bicycle-car accident in Newport Beach in the last year.

The accident occurred at 7:47 a.m. on Thursday, July 15 at Spyglass Hill Road at Harbor Ridge Drive. The cyclist was traveling at about 30 mph when a white Chevrolet stake bed gardening truck pulled in front of him,

The cyclist, Michael William Nine, of Santa Ana, sustained critical injuries and was pronounced dead upon arrival at Hoag Hospital.

The crash remains under investigation.

The crash is third fatal bicyclist accident in Newport Beach in the past year. On July 23, 2009, 43-year-old Darryl Benefiel was killed on Ridge Park Road when his bicycle was struck by a car turning onto Tesoro. That death prompted the creation of the Newport Beach Task Force on Cycling Safety. In December, another Newport Beach cyclist was killed in a hit-and-run accident at Jamboree and Ford roads.

Trunk Riding Results In 14-Year-Old Boy's Accidental Death

jballidis@allenflatt.com (blog Author)35241 — Thu, 15 Jul 2010 08:00:00 EST

Lake Forest authorities received a report of an unconscious boy in the parking lot of La Tierra Elementary School on June 13, 2010. Paramedics arrived on the scene to find 14-year-old Nestor Barrientos-Macias still breathing. They transported him to Mission Hospital in Mission Viejo, where he was pronounced brain dead. He died the following Tuesday.

While it was initially thought that the boy had sustained serious head injuries from a skateboard accident, authorities later discovered that the boy had been attempting a dangerous stunt known as “trunk riding.” Death caused by trunk riding is a common occurrence according to California injury lawyer James Ballidis. "We have had to handle several of these cases in the past. They are a real tragedy of kids trying to have fun in a dangerous way."

After receiving a tip from a 5-year-old witness, authorities concluded that Barrientos-Macias was one of three boys riding in the open trunk of another 17-year-old boy’s car. As the car left the parking lot, Barrientos-Macias fell out of the trunk, hitting his head.

The cause of Barrientos-Macias’ fatal head injuries was initially ambiguous because the 17-year-old Mission Viejo boy fled the scene of the accident. Authorities were unable to piece together what happened until the young witness came forward.

The 17-year-old boy has been booked on suspicion of felony hit-an-run and vehicular manslaughter.

While hit-and-run accidents are common in California—with 247 fatalities and 22,091 injuries resulting from such collisions in 2008 alone—trunk riding is encountered less often. The dangerous activity can most closely be aligned with “car surfing,” a term introduced in the 1980s to describe a form of thrill seeking in which an individual attempts to ride, or “surf,” the exterior of a vehicle as it is driven by another person. According to a study by the Center for Disease Control and Prevention, or CDC, spanning the years of 1990 to 2008, 75 percent of car surfing injuries were reported in the Midwest and the South. Males accounted for most of the injuries, especially those between the ages of 15 and 19 years.

Given the recent variation of car surfing that occurred in Lake Forest, perhaps local governments and schools should make an effort to increase public awareness of this dangerous phenomenon. Warnings by law enforcement could also serve as a deterrent, especially when coupled with legislation penalizing those found guilty of car surfing.

Our thoughts and prayers go out to Nestor Barrientos-Macias’ family during this difficult time.

As a California injury lawyer, we have been helping the victims of accidents throughout Southern California for over 35 years. We would like to wish your family a safe summer. Should you need us, feel free to call us at 866-981-5596 or visit our firm site dedicated to informing you of the latest California injury and damages rights..

Ignition Interlock For LA Drunk Drivers. Is California Next?

jballidis@allenflatt.com (blog Author)35244 — Thu, 15 Jul 2010 08:00:00 EST

Nationwide, driving under the influence remains one of the leading causes of motor vehicle related fatalities, with one death occurring every 45 minutes. More than $51 billion is spent annually on accidents resulting from impaired driving. Such high numbers have prompted legislators in Sacramento to mandate that first-time and repeat DUI offenders in Los Angeles County install ignition interlock devices in their vehicles. Consisting of a tube to breath into and a machine to measure alcohol levels, both of which are connected to the ignition, the device will prevent the vehicle from starting if it detects alcohol.

The new law will increase the cost of receiving a DUI considerably: in addition to the average $2,500 in fines and court fees, DUI offenders must pay $125 for installation, a $60 monthly maintenance fee, and a $45 DMV administration fee.

With each DUI offense, the duration of time the device must be installed will increase: five months for first-time offenders, twelve months for second-time offenders, twenty-four months for third-time offenders, and 36 months for a fourth conviction.

While the program has initially been implemented in four counties—Alameda, Los Angeles, Sacramento, and Tulare—legislators will consider expanding statewide after a five-year evaluation. Could ignition lock devices improve safety on Orange County highways, especially over the perilous 4th of July weekend? Orange County CHP arrested fewer people this year for DUI over the holiday weekend, but the decrease was only slight. Last year, between 6p.m. on Friday and midnight on Monday, 57 people were arrested for DUI, a small fraction of the 1,239 arrests made statewide but still a statistic with potentially tragic implications. While no fatalities accompanied the reckless driving in Orange County, throughout the state, 24 people were killed, causing the 4th of July to be one of the most dangerous holidays in California.

It may be time to clamp down on drunk drivers in ourt county as well, noted James Ballidis a California injury lawyer in Orange County. "It is simply not going to stop without more stiff penalties." If you have recently suffered injuries from an accident in which the negligent driver was intoxicated, you may want to consult with a reputable California Injury Lawyer. An experienced Orange County auto accident lawyer will protect your rights and advocate on your behalf, allowing you to focus on your recovery.

James Ballidis is a California Injury Lawyer and the author of several books on automobile accidents and claims settlement rights. If you would like to request a copy of one of his books or have been injured in an accident and need legal advice, feel free to call us at 866-981-5596 or visit http://www.thecaliforniainjurylawyer.com/.

California jury awards family $15 million for rental car death claim

blog@www.thecaliforniainjurylawyer.com (news Author)16210 — Wed, 14 Jul 2010 08:00:00 EST

A national car rental company is being held responsible for the car crash of two young women.

Enterprise rent-a-car admitted to renting out recalled vehicles during a California court case involving the deaths of two Bay Area women. The fatal car accident occurred in October 2004. Twenty-four-year-old, Rachel Houck and her 20-year old sister, Jaquie Houck, rented a Chrysler PT cruiser for a trip to Ventura to visit their parents. One month earlier, a recall notice was sent to Enterprise letting the rental company know that the engine in the vehicle could catch on fire from a possible leak in the vehicle’s power steering. However, the company did not take the vehicle for the required fix and PT Cruiser had been rented out three times in the month since the company received the recall notice. The sisters were the fourth customers to rent the unrepaired vehicle.

As the women were driving on California’s Highway 101, the PT Cruiser caught on fire and hit an on-coming tractor-trailer. The women died instantly.

Enterprise spent five years claiming that the driver of the recalled vehicle was suicidal and caused the accident. Two weeks before the case came to trial, Enterprise admitted negligence. An Alameda County jury awarded the family $15 million for their wrongful death claim.

Enterprise has no company-wide policy preventing recalled cars from being rented to unsuspecting customers.

Insurer's Seizing Settlement Leaving Injury Victims Empty Handed

blog@www.thecaliforniainjurylawyer.com (news Author)16091 — Fri, 09 Jul 2010 08:00:00 EST

Recent news articles have noted a new and agressive nature of health insurance collection when an accident victim recovers from a negligent third party. Even if there is inadequate liability insurance of the other driver, the health insurers seek to be fully reimbursed before any money is collected by the victim. One real live case involved a motorcyclist severely injured and out of work for two years. Read this tragic story and how a California Injury Lawyer was able to help. Call 1 866 981-5596 if you need help.

PG&E to pay $5 million to settle California wrongful death lawsuit

blog@www.thecaliforniainjurylawyer.com (news Author)16055 — Thu, 08 Jul 2010 08:00:00 EST

A San Jose mother has accepted a five million dollar settlement to resolve her wrongful death lawsuit against the California utility company, PG&E.

Linda Bernstein filed the lawsuit to hold PG&E accountable for the 2006 car crash that killed her 20-year-old daughter Mar Bernstein and her boyfriend, Robert Conway. The couple was killed when Mary’s truck was hit by a PG&E utility truck on the 11th Street off ramp to Interstate 280 in San Jose. The driver of the truck was a diabetic who blacked out after not testing his blood sugar.

Last month, PG&E refused to support legislation to make companies more accountable for poor drivers.

Linda Bernstein is currently supporting legislation that would require every company in the state with a fleet of 25 or more vehicles to be automatically notified when an employee is ticketed o r in an accident. As part of the wrongful death settlement, PG&E agreed not to oppose that legislation.

Companies are responsible for ensuring that drivers are fit to drive and are not taking medications or drugs that could make them a danger behind the wheel.

If you have been injured in an industrial or commercial truck crash in Orange County, it is important that you understand your rights. Call the Orange County accident injury attorneys at Allen, Flatt, Ballidis and Leslie to learn more.

Step2 Push Around and Whisper Ride Buggies Recalled After Twenty-Eight

blog@www.thecaliforniainjurylawyer.com (news Author)16010 — Wed, 07 Jul 2010 08:00:00 EST

After twenty-eight children have suffered injuries—two requiring professional medical treatment—Ohio-based toy manufacturer Step2 has recalled 2.5 million Push Around and Whisper Ride buggies.

Sold by major U.S. retailers, such as Target and Toys “R” Us, from August 1999 through March 2010, the car-like buggies were recommended for use by children between the ages of 18 months and 3 years old. Available in orange, red, blue, pink, and green, they ranged in price from $29 to $59.

Designed for small children to ride in the buggy while parents pushed them using a handle attached to the back of the toy, the defect involved the device connecting the handle to the buggy. The pin with a yellow knob securing the handle to the buggy would loosen, allowing the buggy to detach from the handle and parents to watch their children unexpectedly roll away from them.

While the recall doesn’t apply to buggies that have handles attached by bolts with white or black plastic knobs, parents with the yellow-knobbed buggy should contact Step2 for a free repair kit, either by calling 1-866-860-1887 or visiting the firm’s website, www.step2.com.

Step2 also owns Infantino, the San Diego-based company that recalled 1 million baby slings in March.
If you would like to report an incident or injury involving this particular recall or a different hazard related to this same toy, feel free to contact the U.S. Consumer Product Safety Commission at https://www.cpsc.gov/cgibin/incident.aspx

If your child has been injured while using a defective toy, the manufacturer may be liable and obligated to compensate you for his or her medical expenses. The California Injury Lawyer will determine if you have a case and ensure that you receive the compensation you are entitled to. Call 866-981-5596 or visit us on the web.

Garden Grove bicyclist injured in hit-and-run

jballidis@allenflatt.com (blog Author)34677 — Tue, 06 Jul 2010 08:00:00 EST

A hit-and-run driver left a 53-year-old bicyclist seriously injured after an early Friday morning bicycle wreck.

The bicyclist was found just before 1 a.m.at the intersection of Magnolia Street and Chapman Avenue in Garden Grove. The bicyclist was riding north on Magnolia when he was hit by a vehicle heading east on Chapman. He was bleeding from the face and head. Fire personnel took the man to the hospital where he was treated for head injuries and a broken leg.

There were no witnesses.

Bicycle-car accidents often occur because the driver of the car does not see the bicyclist or the driver or because the driver underestimated the speed of the bike or overestimated the bicycles braking ability

Drivers who are involved in any sort of accident that involves property damage must stop and identify themselves to others involved before leaving the scene. If a driver does not stop and someone is injured, he may be charged with felony hit-and-run.

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.

Orange County restaurants affected by dangerous E.coli beef recall

blog@www.thecaliforniainjurylawyer.com (news Author)15701 — Wed, 23 Jun 2010 08:00:00 EST

More than 35,000 pounds of beef have been recalled by a Southern California meat distributor because the ground beef may be contaminated with a dangerous strain of the bacteria E. coli.

South Gate Meat Company of Los Angeles issued the recall on the evening of Tuesday, June 22. The meat was distributed to restaurants in Orange County and Los Angeles County.

The meat was produced between June 7 and June 21. Each package has the establishment number “EST. 6217” inside the USDA’s mark of inspection.

The affected products include:

• 20-, 30- and 40-pound bulk packages labeled "SOUTH GATE MEAT CO. GROUND BEEF."

• 30-, 40-, and 50-pound bulk packages labeled "SOUTH GATE MEAT CO. COARSE GROUND BEEF."

• 10- and 20-pound packages labeled "SOUTH GATE MEAT CO. GROUND BEEF PATTIES."

The contamination occurred at the slaughterhouse and the source is under investigation.

E. coli strain 0517:H7 may cause the following symptoms:

• Severe stomach cramps and stomach tenderness

• Diarrhea, watery at first, but often becoming very bloody

• Nausea and vomiting

This strain of E. coli may also lead to severe blood and kidney problems that cause kidney failure, long-term disability or even death.

Early swimming lessons may prevent Orange County drownings

jballidis@allenflatt.com (blog Author)33867 — Tue, 22 Jun 2010 08:00:00 EST

For many Southern Californians, summer is the time to head to the pool or the beach. However, it is important for parents to keep in mind that drowning is the second leading cause of unintentional, inury-related death for children under the age of nineteen.

New data shows that early swim training lowers the rates of drowning in children under four. However, a study conducted by the University of Memphis found that many children – particularly African American children – do not know how to swim.

The study surveyed more than 2,000 children and parents at YMCA’s at six cities across the United States. The cities included Atlanta, Boston, Denver, Memphis, Minneapolis and San Diego. Researchers found that while 40 percent of white children have little or no swimming ability, as much as 70 percent of African-American children have low or no swimming ability. For Latino children, the rate was 58 percent.

The lack of swimming ability is reflected in drownings. African American children drown at three times the rate of white children.

Signing your children up for swimming lessons can help prevent swimming pool deaths. You should also always supervise young children while at the beach or pool. At public pools you should check that the life guard is on-duty and alert and that there is proper life-saving equipment.

If your child is injured or drowns in a public swimming pool because of a lack of safety equipment or negligent supervision, you may have a personal injury or wrongful death case. Contact the Orange County child injury attorneys at Allen, Flatt, Ballidis and Leslie to learn more about your rights.

Speeding motorcyclist killed in Southbound 55, I-5 motorcycle crash

blog@www.thecaliforniainjurylawyer.com (news Author)15690 — Mon, 21 Jun 2010 08:00:00 EST

An Irvine motorcyclist is dead after an Orange County motorcycle crash caused by high speed on the southbound 55 connector to southbound I-5.

The fatal motorcycle accident occurred at about 2:45 a.m. on Sunday, June 20. Forty-year-old Charlie Park was travelling in the No. 1 lane of the connector road at about 80 miles per hour when his motorcycle veered to the left and hit a sand barrel. The motorcycle then hit a second sand barrel and Park was ejected from his vehicle. He landed in the road where he was struck by three different vehicles. The motorcycle came to rest on the shoulder of the road.

Park was pronounced dead at the scene.

This accident was caused by speeding. However, many California motorcycle accidents occur simply because the car driver does not see the motorcycle or misjudges the motorcycle’s speed. To learn more about Orange County motorcycle accidents and the rights of Southern California motorcyclists, click here.

CHP warns improper car seat use may cost children's lives

blog@www.thecaliforniainjurylawyer.com (news Author)15691 — Tue, 15 Jun 2010 08:00:00 EST

CHP officers in Kern County held a free car seat check outside a Stockdale Target store. What they learned may surprise you. Over 90 percent of the 121 safety seats checked that day were not installed properly. And, 86 percent of seats showed “critical misuse.”

The biggest problems:

• Car seats that were not age or weight appropriate

• Missing straps and buckles

• Seats that were not secured tightly enough

• Seats that were not secured to the vehicle

• Recalled car seats

These mistakes may mean the difference between life and death in a car accident. Car crashes are the leading cause of accident and injury to children. About 6,500 children are involved in fatal car crashes each year. Many deaths can be prevented with proper car seat use.

In California, all children under age 6 or who weigh under 60 pounds must be in an age-appropriate car seat or booster seat while riding in a motor vehicle. Parents can learn more about car seat safety here.

A certified child passenger safety technician can help determine if your car seat is installed properly. Contact your local fire or police department to locate a child passenger safety technician.

Ortega Highway is Deadly and Caltrans Does Nothing To Fix It

jballidis@allenflatt.com (blog Author)33504 — Tue, 15 Jun 2010 08:00:00 EST

On December 17, 2009 a young man died on a stretch of road from Orange County to Elsinore called Ortega Highway. This is one of the most dangerous roads in California because of the narrow stretches, trucks passing through the zone and dirt shoulders that are not well maintained. Mr. Moreira was travelling to Elsinore when his front right tire drifted off the pavement and onto the shoulder. Unfortunately, to move back onto the road takes a tremendous effort. If not done exactly correct, oversteer easily occurs. In this case, Mr. Moreira oversteered and in the split second of reaction, he crossed the double line, and was struck causing his death. Expert investigation started 3 months after the death, and after a lengthy delay in preparation of the police report demonstrated a four inch drop off from pavement to the dirt shoulder, the equivalent of the height of a curb. Arguing that the condition may not have been the cause of the accident, Caltrans defended the condition as not dangerous.

Unfortunately, Caltrans has done nothing since this tragic accident. Additionally, the area is ripe for another accident unless Caltrans stops shirking their responsibilities and starts to correct the defective roadway conditions.

On narrow road surfaces, where there is a dirt shoulder, Caltrans is obligated to maintain a level shoulder, even with the roadway surface. In the event that you or I drift a tire off the pavement, we can steer back on the roadway without incident. However, if the tire falls off a ledge, the force taken to correct onto the highway is greater and the chance of oversteering occurs. Think of a car tire falling off a curb at 40MPH. You can imagine the force required to get back onto the pavement.

In Mr. Moreira’s case, there was evidence that this occurred by scuff marks on the inside front tire, and an unexplained oversteering maneuver that caused him to lose control of his vehicle move into the opposite lane of travel and become broadsided, killing him.

Tragically, today, I went to the scene. Nothing has changes. Caltrans does not care about you, your safety or reasonable protection of our roadways. See this video of my observations. Even after notice of this death, an expensive trial and the loss to a newlywed, they have done nothing to correct the defect. It is a shame. Caltrans just do your job. If you don’t this posting will hopefully find its way into the hands of another victim, and as the evidence mounts, my hope is that Caltrans will be held accountable financially and politically.

California hospitals fined for medical errors. Are you at risk?

jballidis@allenflatt.com (blog Author)33403 — Mon, 14 Jun 2010 08:00:00 EST

Last month, California state officials fined nine California hospitals for medical errors. Three of these hospitals are in Orange County and the surrounding area. If you are a victim of a medical mistake, do you know your rights?

• In Mission Viejo, Mission Hospital Regional Center staff injected a newborn with morphine intended for the infant’s mother.

• Parkview Regional Hospital in Riverside was fined because a surgeon removed the wrong kidney from a patient with a kidney tumor.

• Joshua Tree’s Hi-Desert Medical Center was fined because a 4-year-old who was having her tonsils removed was burned by the cauterizing equipment.

Each hospital faces a $50,000 fine. Every one of these incidents was preventable. Preventable medical errors can cause serious injury and even wrongful death. While no amount of money can fix the mistake, If you are injured by a medical error, you have rights.

The Orange County law firm of Allen, Flatt, Ballidis and Leslie provides legal services to victims of medical errors and medical malpractice in Orange County and throughout Southern California. Our personal injury attorneys do their very best to get full and fair compensation for all your injuries and losses. To learn more, contact our office at 866-981-5596.

More sticky pedals: Chrysler recalls nearly 600,000 vehicles

blog@www.thecaliforniainjurylawyer.com (news Author)15400 — Mon, 07 Jun 2010 08:00:00 EST

More sticky pedal auto recalls have been announced, but this time the company involved isn’t Toyota.

Last Friday, a recall was announced for 25,336 2007 model year Dodge Caliber and Jeep Compass vehicles involving possible sticky accelerator pedals. While no car accidents have been linked to the defect, it could possibly cause a dangerous and deadly car crash.

The recalls were followed by another recall of about 284,831 model year 2008 and 2009 Chrysler Town and Country minivans and Dodge Grand Caravan minivans. The minivans were recalled because a sliding door hinge may wear through the insulation in the electrical wiring of the door. This problem could potentially cause a short circuit in the latch leading to a fire

Another recall was announced for as many as many as 288,968 Chrysler Jeep Wranglers manufactured in model years 2007 to 2010. In these vehicles, the fastener that holds the front fender liners in place could come loose. If this occurs, the fender liner may come in contact with tubes that carry hydraulic brake fluid. These vehicles may experience a brake fluid leak which could cause brake failure.

All together, Chrysler informed the U.S. National Highway Traffic Safety Administration of the potential safety issues in approximately 600,000 vehicles of five different models.

There have been no reported accidents or injuries related to the recalls. Vehicle owners will be notified of the problems and Chrysler will fix the vehicles at no charge.

Garden Grove high school students injured in prom night accident

blog@www.thecaliforniainjurylawyer.com (news Author)15500 — Mon, 07 Jun 2010 08:00:00 EST

Prom night came to a sudden end when four teenagers leaving the Marina High School prom were injured in a Garden Grove car crash around 12:30 a.m. on June 6, 2010. Police believe that both alcohol and street racing were contributing factors to the two vehicle car accident.

The accident occurred early on Sunday morning at the intersection of West Street and Reva Lane. The 4 teenages, all students at Marina High School, had been at their prom at the Disneyland Hotel in Anaheim. They were leaving the hotel, when the 18-year-old driver swerved to miss another car. He lost control of the vehicle and hit a parked truck.

All four students were taken to UCI medical center for treatment of minor injuries.

A second car was stopped at the scene. The driver was questioned by police. The two cars may have been racing.

The accident is still under investigation.

Dangerous Roads Kill In California

jballidis@allenflatt.com (blog Author)32185 — Tue, 25 May 2010 08:00:00 EST

California drivers, especially in the state’s southern region, are quite familiar with dangerous roads. Not surprisingly, fifty percent of the nation’s most pernicious roads can be found in California. The three most deadly traverse Los Angeles County, according to a recent study of U.S. Department of Transportation statistics by the Scripps Howard News Service.

The study examined 562,712 auto accidents resulting in fatality spanning the years of 1994 and 2008, delineating a pattern of accidents on particular highways throughout the United States. San Bernadino’s I-15, which connects southern California to Las Vegas, proved the most deadly, with 834 accidents and 1,069 fatalities. The I-10 in Riverside County had a total of 440 accidents with 515 deaths. Ranking in third place, the I-5, which passes through Los Angeles County, had 494 deaths.

While the I-5—the corridor connecting San Diego to Los Angeles—is the most hazardous to Orange County drivers, major highways, in general, are not as dangerous as smaller state thoroughfares and county and municipal roads. 71% of fatal accidents occur on such roads.

Orange County’s scenic Ortega Highway, or Route 74, is one of the area’s most dangerous roads: last month yet another vehicle climbed over the embankment, falling 30 feet. Miraculously, the driver survived; others have not had been so lucky. Plagued by monthly motorcycle accidents, head-on collisions, and fatalities, many in Orange County are questioning the lack of maintenance and preventative measures to improve motorists’ safety on the highway.

Better planning for future state highways and municipal roads is also crucial. Replacing dangerous intersections and engineering more effective medians, guard rails, and rumble strips could save lives.

In the past, automobile-related fatalities were often attributed to speeding, unfastened seat belts, and driving while under the influence of alcohol or drugs. These days, “unexplained” causes are rising. Distracted drivers or unreported safety hazards may be to blame.

In an effort to track and ameliorate hazardous driving conditions, the Scripps Howard News Service has started a “killer roads” project. Whereas before the task of finding and fixing dangerous roadways fell on local governments and community groups, the public can now send complaints regarding dangerous situations to the Scripps Howard project’s website: www.scrippsnews.com/killerroads/complaintform. The information will then be sent to local authorities.

Reporting dangerous road conditions saves lives.

Mission Viejo teen survives deadly car wreck

blog@www.thecaliforniainjurylawyer.com (news Author)15085 — Sat, 22 May 2010 08:00:00 EST

Car crashes are the leading cause of death and injury to teenagers. Brent Sirignano is an example.

Last February, the seventeen-year-old was a passenger in a 2006 Scion. The driver lost traction on a wet road in Mission Viejo and the car spun into a tree. Both Brent and the driver were taken to Mission Hospital. Brent was critically injured. The driver was treated and released.

Brent's side of the car took the force of the crash. He suffered multiple fractures to the right side of his face, brain injury and a collapsed lung. The young man was put into a medically induced coma while he underwent a series of surgeries. After the surgeries he spent time recovering in the hospital before entering a rehabilitation program. He is now home and feels lucky to be alive.

The driver of the Scion was found to have THC in his blood. He has been in drug rehab for three months.

Car crashes are every parent’s worst nightmare. According to the CDC about one-fifth of car crash victims are young people.

The Orange County personal injury attorneys at Allen, Flatt, Ballidis and Leslie wish Brent the best for his ongoing recovery.

Pedestrian killed in Westminster traffic-crossing car wreck

blog@www.thecaliforniainjurylawyer.com (news Author)15104 — Sat, 22 May 2010 08:00:00 EST

One woman is dead and is injured after they were struck by a car while crossing the street in Westminster.

The pedestrian accident occurred on the evening of Thursday, May 20. The women were crossing to the west side of Newland Street when they were hit by a southbound Nissan 200 SX.

The women stepped out from a stopped vehicle and this may have prevented the 18-year-old driver from seeing the pedestrians.

Both victims were taken to UCI Medical Center. One woman died at 1:30 am on Friday morning; the other is in stable condition.

Last year, one pedestrian was killed and 29 were injured in Westminster.

These tips can help pedestrians stay safe:

• Walk on sidewalks. If there is no sidewalk, walk on the edge of the road or on the left shoulder of the road, facing the traffic flow.

• Cross at marked crosswalks or intersections.

• Stop at the curb and look left, right, and left again for traffic. Stopping at the curb signals drivers that you intend to cross.

• Always obey traffic signals.

-Most importantly: See and be seen!

-Wear bright colors or reflective clothing.

-Carry a flashlight when walking in the dark.

-Do not cross from between parked vehicles.

-Stay out of the driver's blind spot.

-Make eye contact with drivers when crossing busy streets.

May 16-22 is National Dog Bite Prevention Week

jballidis@allenflatt.com (blog Author)30940 — Sat, 15 May 2010 08:00:00 EST

According the U.S. Centers for Disease Control, dog bites are a serious public health problem that inflicts both physical and emotional damage on its victims. Almost 4.7 million people are bitten by dogs each year. One-fifth of dog bite victims, a total of 885,000, require medical attention for dog-bite injuries. More than 31,000 require reconstructive surgery after a dog bite. Many dog bite victims are left with traumatic memories of the event and a life-long fear of dogs.

Children, especially boys between the ages of five and nine, have the highest incidence of dog bite injuries. Children are also most likely to be seriously in dog attacks. Because children are shorter than adults, they often sustain injuries to the face, neck and head. The CDC suggests that parents teach children to avoid strange dogs.

The attorneys at Allen, Flatt, Ballidis and Leslie represent dog bite victims in Orange County and throughout Southern California. Our lawyers have put together a list of safety tips to help keep your child safe. If your child has been bitten by a dog, we can help you get insurance compensation for your child’s medical bills, pain and suffering. To learn more about what to do after a dog bite, click here.

Pedestrians injured after two cars crash in Orange

blog@www.thecaliforniainjurylawyer.com (news Author)14933 — Thu, 13 May 2010 08:00:00 EST

Four people were injured and one pedestrian was taken to the hospital after a two vehicle crash in Orange.

The crash occurred at about 12:36 pm on Thursday, May 13. The crash involved a Kia Rio and a Dodge Neon that collided near the intersection of Main Street and Palm Avenue in Orange.

The driver of the Kia was headed southbound on Main Street and then turned left onto Palm Avenue and struck the Dodge. The Dodge was travelling north on Main Street. The Dodge then struck two pedestrians who were walking north on Main Street. One pedestrian was walking a dog. The Dodge also hit a pole before coming to a stop. Police say that four people were injured and that one of the pedestrians was taken to the hospital for treatment. The condition of the pedestrian is not known at this time.

The dog was taken to O.S. Shelter and is doing fine.

In 2008, 49 people were injured in pedestrian accidents in Orange. Only one died. In Orange County, 785 pedestrians were injured and 31 died.

To learn more about pedestrian accidents, click here.

Anaheim leads in Orange County traffic deaths and injuries.

blog@www.thecaliforniainjurylawyer.com (news Author)14608 — Sun, 09 May 2010 08:00:00 EST

In 2009, 155 people were killed in Orange County traffic accidents. Anaheim had 24 deaths and 3,012 injuries, more than any other city in Orange County. It was followed by Santa Ana, Garden Grove and Huntington Beach.

These numbers come from The California Office of Traffic Safety

Anaheim 24 killed; 3,012 injured

Santa Ana 16 killed; 1,882 injured

Garden Grove 13 killed; 996 injured

Huntington Beach 12 killed; 1,343 injured

San Clemente 11 killed; 222 injured

Orange 10 killed; 1,118 injured

Costa Mesa 8 killed; 1,061 injured

Irvine 6 killed; 1,220 injured

Newport Beach 6 killed; 592 injured

Lake Forest 6 killed; 253 injured

Fullerton 4 killed; 1,015 injured

Westminster 4 killed; 650 injured

Buena Park 4 killed; 643 injured

Fountain Valley 3 killed; 532 injured

Tustin 3 killed; 563 injured

Mission Viejo 3 killed; 329 injured

Seal Beach 3 killed; 215 injured

Yorba Linda 2 killed; 298 injured

Laguna Niguel 2 killed; 150 injured

Los Alamitos 2 killed; 108 injured

Brea 1 killed; 383 injured

La Habra 1 killed; 352 injured

Laguna Beach 1 killed; 189 injured

Stanton 1 killed; 160 injured

Cypress 1 killed; 154 injured

Rancho Santa Margaria 1 killed; 97 injured

Laguna Woods 1 killed; 26 injured

Laguna Hills 0 killed; 235 injured

Placentia 0 killed; 235 injured

San Juan Capistrano 0 killed; 205 injured

La Palma 0 killed; 124 injured

Dana Point 0 killed; 118 injured

Aliso Viejo 0 killed; 63 injured

Villa Park 0 killed; 9 injured

Unincorporated State Highways 7 killed; 126 injured

County Roadways 6 killed; 303 injured

Chain of accidents on 405 freeway leaves 25-year-old woman dead

blog@www.thecaliforniainjurylawyer.com (news Author)14570 — Thu, 06 May 2010 08:00:00 EST

A 25-year-old woman died early Monday morning when a sheriffs patrol car apparently struck her stopped vehicle on the northbound 405 freeway.
Lisa Hylla, a North Hills resident, was driving a 2007 Toyota Scion when the vehicle collided with a 1984 Toyota pickup truck driven by a couple in their 60s Monday, May 3, according to the California Highway Patrol. The truck, which was stopped on the freeway, was then apparently hit by a sheriffs vehicle. The accident occurred close to the Devonshire Street exit in the San Fernando Valley.
According to reports, Hylla was then thrown into the southbound traffic, and authorities are still trying to determine the chain of events that resulted in her death.
The elderly couple and two deputies in the sheriffs vehicle were taken to a hospital and treated for their injuries, according to authorities.

Texting while driving a growing problem in Orange County

jballidis@allenflatt.com (blog Author)31022 — Tue, 04 May 2010 08:00:00 EST

More than a year after California’s state texting ban was implemented, texting while driving is still on the rise in Orange County. This finding is the result of a random survey done by the Automobile Club of Southern California.

The Auto Club conducted cell phone and texting surveys on a random sample of about 4,000 vehicles driving by seven Orange county roadside locations. Six studies took place over the past two years, both before and after the texting ban became law in January 2009.

Immediately after the law into effect, texting dropped by 17 percent. However, a March 2010 survey shows that texting has rebounded to more than double since then. About 1.1 percent of drivers are now texting as compared to .5 percent in early 2009. Before the ban, 1.4% of motorists were texting.

The Auto Club suggests that more citations may decrease texting by drivers. Police officers say it is difficult to catch drivers who are texting as they often hold the texting device on their laps. Hand-held cell phone users are easier to spot. In Orange County, CHP issued 204 texting-while-driving citations in 2009. During the same period, they issued 10,561 hand-held cell phone violations.

Distracted drivers are dangerous drivers. If you have been injured or have lost a loved one in a car crash caused by a distracted driver, the law is on your side. Contact the personal injury and accident attorneys at Allen, Flatt, Ballidis and Leslie to learn more about your rights.

Car runs over three-year-old in fatal Santa Ana accident

blog@www.thecaliforniainjurylawyer.com (news Author)14496 — Mon, 03 May 2010 08:00:00 EST

A three-year-old boy is dead after being run over while riding his scooter near his Santa Ana home.

The accident occurred on the afternoon of April 30. The little boy was riding through an alley in the 1700 block of South Evergreen Street, when a 69-year-old male driver backed his car over the little boy. The boy died at the scene.

The man did not stop. However, witnesses reported the accident to the man’s daughter. She phoned him and he returned to the scene. The man had thought the noise of the crash was due to a pothole.

The accident is under investigation.

There are many factors that go into determining responsibility for a pedestrian accident. Driver negligence may be a factor, but road condition may have also contributed to this accident. It is essential that a proper investigation be completed.

Accidental injury is the leading cause of death and disability for American children. In California, about 1,100 children a year die of accidental injuries. Nationwide, cars are the leading cause of accidental injury to children.

To learn more about keeping your children safe near traffic, click here.

Anaheim school bus crashes with 80 children onboard

blog@www.thecaliforniainjurylawyer.com (news Author)14259 — Sat, 24 Apr 2010 08:00:00 EST

Anaheim police and California Highway Patrol officers responded to an accident on Friday morning between a Placentia Yorba Linda Unified School District bus and a Toyota Tundra. The bus accident occurred on April 23 at 7:58 a.m. the intersection of Mira Loma Way and Lawrence Avenue in Anaheim. Eighty-three children were aboard.

The bus had just picked up children and was taking them to Rio Vista Elementary School when a Toyota Tundra sideswiped the school bus. Several dozen parents were at the scene.

One student complained of chest pains after the accident and was taken to St. Joseph Hospital for treatment. The remaining 82 students stayed on the bus and waited over an hour for another bus to come take them to school. The parents were more upset than the children.

The Anaheim police department and the California Highway Patrol are investigating the accident. There are conflicting statements about who was at fault.

There are over 585,000 school buses in the United States. Busses are large and difficult to drive. Drivers who don’t have adequate training are more likely to be involved in traffic crashes. Each year 6,000 children are injured and twenty die is school bus accidents. However, school busses are still the safest mode of transportation for children going to school.

I-15 and Highway 40 Interchange is Dangerous to California Motorists.

jballidis@allenflatt.com (blog Author)30171 — Mon, 19 Apr 2010 08:00:00 EST

This last Friday I was traveling out of town to go to Calico Ghost Mine for a weekend of camping with my daughter. As I approached the I 15 and Highway 40 Interchange northbound, I could not help but think and remind myself why this is considered one of the most dangerous locations in southern California.

We were traveling at 70 mph when we approached the interchange. Highway 40 splits off from the Interstate15 in a V fashion, but the four lane freeway narrows to two lanes for each freeway as you approach. Many people traveling fast and confused, unsure where they belong, merge in and out of lanes. Traffic, congested on a Friday, slows severely. As we near the actual splitting of lanes, an accident has already occurred and the parties are to the right. That causes even more slowing and yet the 40 Interchange is not as busy so speeds of cars and trucks continue to be more than triple the speeds of lanes to the left.

As I passed by the accident location, three other cars noticeably had to swerve and stop behind me sending up pillars of smoke from skidding tires. I also notice that there are several cars ahead of me that had to move into the center shoulder to avoid some calamity. It is a very uneasy situation.

Suddenly to my right, I hear a big rig horn. A car in the lane to my right decided to merger into the Highway 40 traffic. Because his Subaru is traveling at 20 MPH and the truck is barreling at 55 or 60, the truck almost rear ends the car. Trucks continuing on with the intent of going onto the 40 freeway, are passing stopped traffic at close to 55 mph.

The design of the roadway seems defective given the speed as you enter this interchange, he speed of vehicles traveling onto highway 40 from the I 15, and volume of slow traffic as people head towards Las Vegas on the weekend.

Unlike other areas in California, this is a must travel through interchange if you are heading to Nevada or parts close to there. Something should be done to accommodate the traffic congestion and design here.

Drive safe and give yourself plenty of distance at this interchange.

Car Air Bag Injuries

jballidis@allenflatt.com (blog Author)29916 — Tue, 13 Apr 2010 08:00:00 EST

Are car aIr bags actually unsafe in modern cars? As a Orange County auto accident lawyer, many of our clients are injured by airbag deployment. But now studies are showing that these injuries may not be necessary or worse, the airbags are causing more injury to those that are seat belted. Call 1 866 981-5596 if you have suffered an airbag injury, to learn what rights you have. The call is free. Let's look at the recent airbag testing develpoments.

According to preliminary data from the U.S. Department of Transportation , traffic deaths have reached their lowest levels since the mid-1950s. Motor vehicle fatalities were down in 2009 to fewer than 34,000. This is quite remarkable since the number of drivers on the road has more than doubled and commutes have more than quadrupled.

One of the primary factors that are saving lives is newer technologies that keep drivers and their passengers safe. The automobile industry and government regulators are working together to develop life-saving, effective policies.

Important technological advances with the manufacturing and design of automobiles, as well as improvements in road infrastructure and increased seat belt usage, are all key issues in vehicle safety.

In a recent survey conducted by Consumer Reports Brands Perception, the number one consumer consideration when purchasing a new vehicle is safety. Safety even trumps durability and quality.

Over the past few decades, safety features such as anti-lock brakes, crash avoidance, electronic stability control, head protection, and of course side and front airbags have enabled automobile manufacturers to .develop safer cars.

However, in the latest study by the Insurance Institute for Highway Safety (IIHS), they concluded that the newer frontal air bag technology, which was specifically intended to protect belted drivers, actually reduces protection and may even be dangerous. In fact the belted drivers had a 21% increase in injuries and death.
Although airbag technology has been around since the mid 1970’s, frontal bags have only been standard in passenger vehicles since 1999. The National Highway Traffic Safety Administration, (NHTSA) estimates that seat belts have saved over 28,000 lives.

Some of the earlier airbag technology did in fact injure children and small-statured adults, but in 2003 the new airbag rules were modified to protect smaller occupants. Until now, there has never been a question about the safety of belted passengers.

In an ironic twist, the very requirements that regulate airbag deployment tests are actually based on unbelted drivers, not belted ones. Currently in the U.S. more than 80% of the general driving population buckles up, as well as most children ride in the back seat restrained.

Should those of us that regularly use our seat belts be penalized for the few drivers who don’t? The question remains a valid one whether the manufacturers and government tests should accommodate the minority or majority.

Additionally, if there is better technology that can protect the belted drivers or maybe the test requirements should be revised?

Whichever side of the debate you on, safety belts do save lives and it is an important safety feature in any auto.
For further information on airbag technology and proper restraining of children in a vehicle, visit the Department of Transportation’s website for their brochure, “What you need to know about airbags.”

San Bernardino County pro cyclist killed in street racer crash

blog@www.thecaliforniainjurylawyer.com (news Author)14037 — Sat, 10 Apr 2010 08:00:00 EST

A 27-year-old professional cyclist was struck and killed by a car that was involved in a teenage street race in San Bernadino County.

Patrick Roraff, 18, and a passenger were speeding north on Greenspot Road in Highland around 9:45 am on Thursday, April 9. They were driving a Honda accord and were street racing against a blue Honda and a silver Honda.

Professional bicyclist Jorge Alvarado of Ontario was approaching the three vehicles. Roraff changed lanes and tried to speed past the vehicle in front of him. He was driving over 70 m.p.h. when he lost control of the vehicle, spun the car and struck Alvarado. Alvarado was thrown from his bicycle and landed in a nearby field. Alvarado died at the scene from injuries sustained during the crash.

The drivers were all seniors at a Redlands East Valley High School. The accident is under investigation and charges are expected to be filed.

Alvarado was a member of the newly formed Bahati Foundation Professional Cycling Team. The foundation supports children in inner-city and underserved communities.

This tragic accident could have been prevented if the drivers were not racing.

The attorneys at Allen, Flatt, Balliidis and Leslie offer our condolences to the family of Jorge Alvarado. To learn more about the rights of bicyclists click here.

Mini Cooper driver survives 405 freeway crash with tractor-trailer

jballidis@allenflatt.com (blog Author)29761 — Fri, 09 Apr 2010 08:00:00 EST

A Mini Cooper blew a tire and ended up under a big rig truck. Miraculously, no one was hurt.

The Mini Cooper was travelling southbound on 405 near the 22 freeway near Seal Beach. The incident occurred at about 2 am on April 8, 2010. The driver was near the truck when his tire blew. He lost control of the vehicle and his car went under the truck near the fuel tank.

Twelve fire fighters were on the scene, but there were no injuries.

The driver is very fortunate. Underride accidents, those where a passenger vehicle travels under the trailer of an 18-wheeler, are some of the most deadly truck accidents on our highways. Underride accidents usually result in serious head injuries including closed head injuries, open head injuries, traumatic brain injuries, and even decapitation. If the passengers in the smaller vehicle survive, they often are permanently disabled from their injuries.

If you or a loved one is seriously injured after a California highway accident with a large commercial vehicle, contact Allen Flatt, Ballidis and Leslie. Our attorneys can help you determine if you have a case and what your losses are. If you need a lawyer, request our free guide to finding a personal injury attorney: Avoid Lawyer Advertising Hype! A Lawyers Method for Finding a Lawyer. Contact our Orange County office at 866-981-5596.

Long Beach ranked 23rd on Bicycling magazine's list of bike-friendly c

blog@www.thecaliforniainjurylawyer.com (news Author)13993 — Thu, 08 Apr 2010 08:00:00 EST

Long Beach may be the most bike-friendly city in Southern California. Bicycling Magazine ranked Long Beach as the 23rd most bike-friendly city in the nation. To qualify, a city must have a population over 100,000. Long Beach received this designation because of its many miles of bicycle lanes. Last year, Long Beach built more than 16 miles of bicycle lanes and installed more than 400 public bike racks. Twenty more miles of bike lanes are scheduled for this year. Construction is currently underway on a $500,000 bike boulevard and two more are scheduled for the future.

Bicycling Magazine has been publishing its list of bike-friendly cities every other year since 1990. The cities are chosen based on criteria such as the number of bike lanes available to residents, government involvement in making improvements for bicyclists, and bike culture.

With warmer weather and vacations, more people will be bicycling. Bicycling is great exercise and it is great for the environment. But, more bicyclists on the road also means more chances of serious injury.

If you plan to bike to work or for fun, follow our bicycle safety tips. If you’ve been involved in a serious bicycling accident, contact the Orange County bicycle accident attorneys at Allen, Flatt, Ballidis and Leslie. Request our free book, Athletes and Accidents: 9 Pitfalls That Can Delay Your Recovery.

Stuntswoman killed in Los Angeles freeway motorcycle wreck

blog@www.thecaliforniainjurylawyer.com (news Author)13939 — Wed, 07 Apr 2010 08:00:00 EST

A 28-year-old stuntswoman is dead after she fell from her motorcycle and was hit by another vehicle as she travelled to her job at a Los Angeles movie set.

The accident occurred at about 7:40 am on Tuesday April 6. April Erin Stirton was driving her motorcycle on U.S. Highway 101 just west of Laurel Canyon Boulevard when she attempted to pass a tow truck. Ms. Stirton was going about 55 m.p.h. when she lost control of her motorcycle and fell off her bike. She was hit by the rear wheels of the tow truck. The motorcycle was wedged under the truck and dragged more than 100 feet before the truck stopped. Paramedics pronounced Ms. Stirton dead at the scene.

Stirton worked as a stunt double on TV shows such as “True Blood” and “CSI”.

Riding a motorcycle in the street with larger vehicles is dangerous. Over 500,000 people are injured every year in motorcycle accidents. If you have been harmed in a California motorcycle crash, contact Allen, Flatt, Ballidis and Leslie.

New government policy may prevent OC bicycle accidents

jballidis@allenflatt.com (blog Author)29615 — Wed, 07 Apr 2010 08:00:00 EST

Transportation Secretary Ray LaHood would like to see more bicyclists and pedestrians on city streets. Last month, LaHood signed The Policy Statement on Bicycling and Pedestrian Accomodation Regulation and Recommendation. In his speech, he said “This is the end of favoring motorized transportation at the expense of non-motorized.”

This is good news for bicyclists. The three key points of the new policy are:

1. Walking and bicycling should be treated as equal to other transportation modes.

2. City planners should incorporate convenient access for people of all ages and abilities to bicycle paths and walkways.

3. Sidewalks, bike routes and pedestrian walkways should be protected and maintained in the same way as roads ways are in regards to repairs, snow removal, and other maintenance.

Secretary La Hood sees this as a start towards more bicycle friendly communities.

This policy will help clean our air, promote energy efficiency, encourage exercise and most importantly, protect the lives of bicyclists and pedestrians. Making our streets less dangerous for bicyclists and pedestrians will prevent serious accidents and injury.

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. Even we don’t represent you, our lawyers can help you get a start on your injury case.

San Diego paramedic hit by car while responding to traffic accident

blog@www.thecaliforniainjurylawyer.com (news Author)13845 — Sat, 03 Apr 2010 08:00:00 EST

A 24-year-old emergency medical technician was struck by a vehicle and killed as he was laying out flares at the scene of a San Diego car crash.

Esteban Bahena of Lemon Grove was an employee of San Diego Medical Services. He and a co-worker were travelling northbound on the Cabrillo Freeway when they stopped to help at the site of two different crashes near Washington Street.

It was raining and the roads were slick, so after Bahena and his partner checked on the occupants of the vehicles, Bahena began to put up flares around the site in order to warn motorists and give them stopping time.

While he was putting out flares, Bahena was struck by a silver 2001 Chrysler Sebring. The Crysler then hit two of the disabled vehicles.

The EMT was given CPR and taken to a nearby trauma center. He did not survive.

The driver was treated for injuries. She was not under the influence of drugs or alcohol and is not expected to face charges.

This is the first on-duty fatality for San Diego Medical Services.

This death illustrates the danger of working on the highway. It is risky even for trained emergency personnel. If you are involved in a traffic accident, stay in your vehicle until help arrives. For more tips, click here.

Truck accident death: rights arising from a train accident

blog@www.thecaliforniainjurylawyer.com (news Author)13631 — Thu, 25 Mar 2010 08:00:00 EST

A 56-year-old railroad maintenance worker was killed last weekend when his truck was hit by a commuter train in El Monte Saturday morning. The Union Pacific employees vehicle was parked on a Metrolink track, which runs parallel to the freight train tracks, and while officials said it is unclear why the worker was parked there, they also confirmed he did not have suicidal intentions. It is common for maintenance workers to be located at railroad track sites, said officials. Three Metrolink passengers were also treated for injuries and released.

The railroad employee, whose identity has not yet been released, likely died on impact when the commuter train hit and pushed his truck 300 yards down the track, said authorities. The track's safety signals and arms appeared to be in proper working order, but a full investigation is still under way. Investigation will be cruical in this case, because an experienced maintenance worker is not usually prone to park his truck onthe tracks, knowing that a train is advancing.

According to the Federal Railroad Administration's 2009 statistics, 210 accidents occurred on Union Pacific railroad tracks in California. These incidents not only include train accidents, but also pedestrian crossings, motor vehicle collisions or maintenance worker accidents. There were 21 fatalities in these accidents, the majority of which were the result of trespassing, the FRA's stats show. There are nearly 3,000 public crossings with gates or other types of warnings about 1,300 private crossings on Union Pacific's tracks.

Truck accident death: rights arising from a train accident

blog@www.thecaliforniainjurylawyer.com (news Author)13632 — Thu, 25 Mar 2010 08:00:00 EST

Identity Theft Causes Grief, But Can't We Trust The Post Office?

blog@www.thecaliforniainjurylawyer.com (news Author)13634 — Thu, 25 Mar 2010 08:00:00 EST

An Ex-postal worker in Santa Ana, California has been charged with stealing gift cards, prepaid calling and credit cards from the mail. Eveline Panganiban Galermo, 36, of Bellflower is charged with three felonys, fraud, burglary and receiving stolen property. He is due to be arraigned in April of 2010 in Santa Ana superior Court. Interestingly he started work in March 2008. In an economy that finds many people out of work, this gentleman landed a good job and squandered the opportunity.

It is hard enough to keep others from stealing our credit, identity and money, but it is very disconcerting to lose this "stuff" to post office employees. We want to think that they are above reproach, that they honor their post and carry out their jobs with integrity. After all they are given much of the fabric of our financial lives, from bills, to cards to gifts.

For those postal workers who carry out their job honestly and with integrity, we praise and thank you. Fortunately, this person has been caught and if proven guilty, the message will be sent to other less than honest workers that temptation cannot give way to doing your job correctly.

Assault at California Bar causes lawsuit.

jballidis@allenflatt.com (blog Author)28915 — Thu, 25 Mar 2010 08:00:00 EST

In Huntington Beach California, a man is suing Huntington Beach Beer Co., after being punched in the face. He alleges that the owner of the bar is responsible for his injuries becasue the bouncers saw another bar patron hit him and didn’t do anything to stop it. The patron alleges he did nothing to provoke the attack.

California law requires a business to provide a safe environment for their patrons if they know or should have known that this type of behavior would cause injury. The facts of the assault are not known in detailyet, but liklily, there are more factsa bout other incidences and occurrences, placing the bar owner on notice of this type of occurrence. The fact that bouncers were present suggests that security was needed at this location and the failure to properly train and implement safety is also a reason to find liability against a bar owner.

Huntington Beach family sues city for wrongful death

blog@www.thecaliforniainjurylawyer.com (news Author)13621 — Wed, 24 Mar 2010 08:00:00 EST

The parents of a Huntington Beach junior lifeguard who was killed in a training accident last July have filed a wrongful-death lawsuit against the city.

Eleven-year-old Alyssa Squirrell was killed during a training exercise. Junior lifeguards jumped off the back of a moving boat into the ocean. Squirrel had jumped and was on her way to rejoin her training group when the boat turned around and she was struck by the propellers. The boat was driven by marine safety officer Greg Crow.

Squirrell sustained deep cuts to her leg and hip. She died while undergoing surgery for her injuries.

The lawsuit alleges that the boat was not operated in a safe manner and that the safety violated rules requiring a boat to decrease speed within 100 feet of swimmers. It also claims that employees did not do a “proper lookout” and that there were not enough flotation devices on the boat. The suit also claims general negligence of the employees and negligent operation of the training vessel.

Greg Crow has been a training officer in the Junior Lifeguard Program for more than 20 years and is licensed by the U.S. Coast Guard. He received the Public Safety Medal of Valor for rescuing occupants of a sinking boat on the high seas. Two other employees are also named in the lawsuit.

Rick and Pam Squirrel are seeking more than $10,000 in damages for the death of their daughter.

Children Dangers, Playground Danger, Playground Safety We Cannot Overlook

jballidis@allenflatt.com (blog Author)28856 — Wed, 24 Mar 2010 08:00:00 EST

Dangers to children often exist because of serious playground dangers and deficiencies resulting from a failure to follow playground safety standards. Indoor play areas at fast food restaurants fair worse in some instances, but are a magnet for children. In California, these playgrounds have become dangerous for families.

In August 2005, Jacob Buckett and his family went to local Burger King in Southern California. After just moments of climbing on the play structure, Jacob lost his balance and fell onto the tile floor below, head first.
Jacob suffered a traumatic head injury and was in a coma for two months. After a sixth month’s stay in the hospital, he never fully recovered. Jacob now needs care for the rest of his life and has permanent brain damage. Additionally, he has partial paralysis and cognitive problems. He will need 24/7 care for the rest of his life.

Recently Burger King settled with the Burkett family for 20 million dollars for the lifelong care Jacob will need, as well as emotional trauma for the family who witnessed the accident. Burkett’s attorney proved that Burger King knew of the climbing dangers and did not have floor padding and safety nets under the structure.
In earlier discovery it was discovered that another serious accident had happened in that location. In fact nearly four years after the accident, the restaurant still has not fixed the issue.

The main poiint; are the parents or the restaurant responsible for children’s safety while at an indoor play area? Each restaurant chain is responsible for self-policing its playground safety. However, the Consumer Product Safety Commission does not have the staff to enforce these rules. Parents do need to monitor their children as well, but the restaurant must comply with safety regulations when maintaining and constructing these play areas to prevent avoidable injury.

Each year over 200,000 children are treated in hospital emergency rooms for playground equipment related injuries. In California each year, approximately 1, 000 children are hospitalized due to playground injuries. Several reasons include poor surface material, swings too close together, head entrapment hazards and dangerous outdated equipment.

National Playground Safety Week 2010 is April 26-30, and it is sponsored by The National Program for Playground Safety, NPPS. This agency rates each state on their risk factors for playground safety. California has received a consistent grade of “B-“since 2000.

What can parents do to safeguard their children? Here are a few safety rules:

·    Check out local playgrounds before you bring your children to play. Nearly 70% of all injuries are due to falls. Ensure that the pay area has sufficient mats or cushioned surfaces.
·    Children should never wear bicycle helmets when playing on the equipment.
·    Parents should always check for hot surfaces on play equipment before e allowing children on it to prevent burns.
·    Check for loose clothing and clothing strings placed around the child’s neck, as these could be a choking hazard if the strings catch on to any equipment.
·    Make sure the play areas are age appropriate for the child playing. Preschoolers are developmentally different than elementary kids.
For a full safety checklist visit the CPSC’s website.

Playground child dangers and their safety are important in your community. If your child has been injured on a dangerous playground, we recommend you contact an attorney familiar with playground safety equipment and consult if the playground was in compliance with standards for your community. Compacted soil, loose equipment, exposed bolts, faulty slides, equipment poorly maintained, have caused great damage and injury to children in California that have used our firm. Your child deserves to be protected by the minimum standards set forth by the Federal and your State government. If you are a CAlifornia resident, call us for help at 1 866 981-5596.

The Slippery Slope of Allowing The Elderly Infirmed To Drive.

blog@www.thecaliforniainjurylawyer.com (news Author)13605 — Tue, 23 Mar 2010 08:00:00 EST

Today in Los Angeles County, an elderly driver reportedly drove her car into an optician's building. She pressed on the accelerator rather than the brake. She is over 70 years old.

A common question frequently arises in accidents like this. When should we consider limiting the driving capability of the elderly. An investigation will be required to determine whether this was merely an accident, one that could have happened to anyone. Unfortunately because she was elderly, the question frequently arises, when should we limit the driving capability of the elderly?

Unfortunately, this is a very real issue. Our firm has been representing clients that are victims to the infirmed. One such instance was a Riverside man that had a serious seizure disorder. His doctors refused to limit his driving and he was approved by the department of motor vehicles, based on the doctors’ recommendations. He had a seizure, causing an accident, killing the young boy's mother.

Unfortunately the doctor is usually not the best decision maker. The doctor may see the patient for only a short period of time, and rely upon the patient's description of his condition. They may not even see an actual seizure occurring, only hear about it or have it reported to them. In actuality, the family members are the first to see defective driving and should report the elderly to have their license removed.

California protects the identity of those reporting concerns in family members. Additionally, it is important to explain to those that are incapacitated and unable to drive why they pose a danger. Of course, removing their ability to drive is an inconvenience for them and their family, and sometimes it can even be a sign of lack of independence.

However, the ultimate consequence, the killing of another, or seriously causing injury, should be weighed against their desire for independence.

We wouldn't consider giving a seven year old a driver's license, because we know that person lacks maturity and experience, size and giving a license would not be appropriate. We should feel no less resolved about the elderly person that lacks the capability to be safe.

Blue Line Train Accident Kills Another. Reminders How To Be Safe.

jballidis@allenflatt.com (blog Author)28780 — Tue, 23 Mar 2010 08:00:00 EST

Several weeks ago, a southbound Metro Blue Line train hit and killed an elderly woman. Although this accident is still under investigation, it is unclear what happened because the woman was in a crosswalk and in an area where there were crossing gates. Moreover, this is just one in a long list of accidents on this train route that unfortunately has a higher-than-normal rate of incidence.

The Blue Line is well-known for its high rate of accidents and is considered to be the most dangerous of the entire light rail trains in Los Angeles, and in fact, the whole country. Since 1990, over 100 pedestrians and motorists and been killed at crossings and more than 800 injuries have occurred.

The Blue Line runs a 22 mile elevated and subway route between Long Beach and downtown Los Angeles. It is the busiest of all the trains in the city, with an average of 70,000 daily passengers. A recent study by Booz Allen Hamilton, Inc was requested by the MTA to identify problem areas and find key factors that were contributing to this high accident rate. One of the main problem areas that were found was a densely populated area with lots pedestrians and vehicles crossing the tracks. Additionally it is a varied socio-economic community with language challenges to public educations campaigns as well as slow moving trains that produce more aggressive, risk-taking behaviors.

Last month in a joint effort focused on pedestrian safety, the Los Angeles Police and Sheriff’s Department‘s cited over 330 violators in a four hour period. Most violations were pedestrians jaywalking, illegal turns and running red lights. Also, over thirty warnings were given to drivers who tried to out run trains. In addition to more police presence, the MTA has also installed more crossing gates and cameras to provide extra security.
The following are some safety tips if you are driving or walking near light rail trains:

While driving:
·    Never stop or park your car on light rail tracks.
·    Never race a train through an intersection
·    Light rail trains are quiet. Look for flashing headlights and listen for warning bells and always expect a train if you’re crossing a track.
·    Look both ways before crossing the tracks
·    Remember: Trains can’t stop as quickly as you can.
While walking:
·    Remind your kids to stop, look and listen.
·    Remember that jaywalking is illegal and dangerous.
·    Cross only at crosswalks
·    Be alert when near the tracks. Light rail is extremely quiet. Look for flashing headlights.
·    Stand behind the warning rails until the train passes or comes to a complete stop.

Lastly if you ride a motorcycle or bicycles, always cross the track at a 90 degree angle.

U.S driving deaths at record low: are Orange County drivers safer?

mmazal@allenflatt.com (blog Author)28094 — Thu, 11 Mar 2010 08:00:00 EST

The U.S. Department of Transportation reported today that driving fatalities have decreased for the fourth year in a row. The latest statistics show that in 2009, highway deaths decreased by 8.9%. The number of traffic deaths decreased from 37,261 traffic deaths in 2008 to a record low of 33,963 driving deaths in 2009. This is the lowest number of recorded highway deaths since the federal government started tracking highway fatality data in 1954.

These deaths include all motor vehicle deaths including car crashes, truck wrecks, motorcycle accidents and pedestrian-car and bicycle-car fatalities.

The fatality rate also declined. In 2008 there were 1.25 fatalities per 100 million vehicle miles traveled; in 2009, the rate decreased to 1.16 fatalities per vehicle mile traveled. Again, this rate is the lowest on record since 1954.

These declines occurred despite an increased in vehicle miles traveled. Despite the economy, American drivers drove 6.6 billion more miles in 2009 than in 2008.

The government attributes the continued decline in traffic deaths to increased seat belt use, safer vehicles, education programs and stronger enforcement of the law.

Every vehicle death is one too many, especially for the families involved. The attorneys at Allen, Flatt, Ballidis and Leslie understand the pain that Orange County families go through and offer caring legal representation to those going through tough times.

Are you having trouble with a property damage claim?

jballidis@allenflatt.com (blog Author)28097 — Thu, 11 Mar 2010 08:00:00 EST

Are you having trouble with a property damage claim? I have compiled several sources for you to use to settle your property damage claims like a pro.

First, understand the difference between a total loss (link to my site) and a repairable car. Review how to evaluate a total loss by fair market value. If your car is repairable, are you concerned about the parts that are used. You have a right to have the car fixed at a place of your choosing and with comparable parts in California.

Another source of information may be a book written by Seattle personal injury attorney Jason Epstein. His booj provides "The Do-It-Yourself Guide to settling your property damage Claim." He will send the report free to anyone that wants a copy. I have reviewed the book and it is full of good information you need before you settle your property damage claim. While he is in Washington State, I think the property damage resolution book offers similar and detailed outline of this important subject.

As an attorney who practices auto accident law in Newport Beach and throughout Los Angeles and Orange Counties, I have seen literally tens of thousands of car accident cases over the years. Getting the property damage handled promptly and fairly is often a major concern of my clients. It can be handled easily and efficiently by me or by you with these helpful tips. Call us at 1 866-981-5596 if you need personal help.

Los Angeles pays $7 million to motorcycle accident victim

blog@www.thecaliforniainjurylawyer.com (news Author)13334 — Tue, 09 Mar 2010 08:00:00 EST

The city of Los Angeles has paid seven million dollars to settle a lawsuit brought by the law firm of Levitt, Leichenger & Aberle against the city by a triathlon volunteer who was left a paraplegic by a motorcycle accident that occurred during the 2007 Los Angeles Triathlon.

Sixty-year-old motorcyclist Steve Albala and his motorcycle club were volunteering at the event. Albala was helping to officiate the bicycle potion of the triathlon, when a traffic officer motioned for a vehicle to enter an intersection. The vehicle drove into the path of Albala’s motorcycle and caused the accident.

Albala was flung more than 20 feet by the impact. He suffered a vertebral fracture and was hospitalized for more than two years. During this time, he underwent multiple surgeries, but was left a paraplegic.

Albala’s wife says the accident has had a dramatic change on his life and that recovery has been painful both physically and emotionally.

The city also paid $250,000 to a race official who was riding with Albala at the time, and $500,000 to the driver of the car involved in the accident.

If you have been injured in a motorcycle accident on Los Angeles or Orange County, contact the attorneys at Allen, Flatt, Ballidis and Leslie. We believe in the protection of riders and accident victims because of our own passion for motorcycles and will do our very best to help you.

San Diego County driver rescued after run away Toyota hits 94 mph

blog@www.thecaliforniainjurylawyer.com (news Author)13338 — Tue, 09 Mar 2010 08:00:00 EST

A runaway blue Toyota with a stuck accelerator was brought to a stop by the California Highway Partrol on Monday, March 8.

The vehicle, a 2008 Toyota Prius, is covered by the floor mat recall, but not by the accelerator recall. According to Toyota, the Prius uses a different accelerator pedal than those with the “sticky pedal” problems.

The driver, 61-year-old James Sikes, was driving east on Interstate 8 near Lake Jennings Road about 4 miles from El Cajon. He tried to pass a slower car on the highway when he noticed that the vehicle was accelerating on its own. He tried to stop the car by himself. He reached down and pulled on the accelerator pedal, but it would not move. Sikes also noticed that the floor mats were not involved.

When his speed hit over 90 miles per hour, Sikes dialed 911 for help. A CHP patrol car caught up with Sikes east of Kitchen Road, 20 miles from his original location. The officer pulled along the Prius and gave Sikes instructions over the PA system.

Following CHP’s directions, Sikes was able to use his brakes and emergency brake to slow the car down. After several attempts, he was able to stop the car by pushing the ignition button.

Sikes had experienced no other problems with his vehicle. He did receive a recall notice, which he believes was for his floor mats. But, when he took the Prius to his dealer, he was told it had not been recalled.

Whittier bicyclist dies after accident leaves him in coma

blog@www.thecaliforniainjurylawyer.com (news Author)13299 — Sun, 07 Mar 2010 08:00:00 EST

More than two and a half years, after a bicycle collision with a Toyota Camry left him in a vegetative state, bicyclist Jeffrey Blum has died.

Because of his death, authorities may now reinvestigate the July 26, 2007 crash that left the 59-year-old truck driver in a coma from which he never recovered.

On that day, Jeffrey Blum was riding his bike in an unincorporated Los Angeles County area near Whittier. The driver of the Toyota Camry, told police that Blum had turned directly into his path. He slammed on his brakes, but could not avoid a collision. There were no witnesses to corroborate his story.

When the car hit the bicycle, Blum was thrown off the bike, hit the hood of the car, the windshield, and the roof and then landed face down on the curb. He sustained severe head trauma, a lacerated lung, broken left ribs, a broken hand, and a finger had to amputated. He remained in a coma until his death on March 1, 2010.

Because police were unable to determine what happened during the accident, no one was cited.

It is important that drivers watch out for bicyclists. When a motor vehicle hits a bicyclist, the cyclist is at an extreme disadvantage. Bicyclists are often seriously injured. Recovery from a bicycle accident can be long, costly process. If you’ve been hit by a negligent driver while riding your bicycle, contact the Los Angeles County bicycle accident attorneys at Allen, Flatt, Ballidis and Leslie.

Toyota giving "false reassurances" to Orange County drivers

jballidis@allenflatt.com (blog Author)27826 — Sun, 07 Mar 2010 08:00:00 EST

The National Highway Transportation Safety Administration (NHTSA) has announced that it is continuing to receive unintended sudden acceleration complaints from Toyota drivers – even from those whose cars have been recalled and supposedly fixed.

More than 60 consumers have made sudden acceleration complaints to the NHTSA for events that occurred after they took their recalled vehicle to their Toyota dealer and received the required fix. California’s Congressional Representative Henry Waxman told the media that Toyota’s fix may be “false reassurances”. He said, “They are false reassurances that people are getting from Toyota if, after the recall, after their car is supposed to be fixed, there is still this problem of sudden acceleration.”

Toyota continues to maintain that it is confident its vehicles are safe. Toyota’s sudden acceleration problem has led to about 815 vehicle crashes and 19 deaths since 1999. While these accidents involve only a small percentage of the Toyota vehicles on American streets, each of these crashes is a preventable accident that occurred in a vehicle that is supposed to protect its occupants – not put their lives at risk.

Car wrecks are expensive in many ways. It is not fair for an accident victim to pay for damages caused by a defective vehicle. If you have been injured in an accident caused by the sudden acceleration of a Toyota, the attorneys at Allan, Flatt, Ballidis and Leslie are here for you. Contact our Orange County car crash lawyers at 866-981-5596 to learn more.

Student killed in hit and run on Sunset Boulevard in Westwood

jballidis@allenflatt.com (blog Author)27752 — Fri, 05 Mar 2010 08:00:00 EST

A 13-year-old girl was killed by a hit-and-run driver in Brentwood on a Friday morning last month as she tried to board a school bus near the intersection of Sunset Boulevard and North Cliffwood Avenue, according to news reports.

The girl, Harvard Westlake Middle School student Julia Siegler, was taken to UCLA Medical Center, where she was pronounced dead February 25, said authorities. Witnesses said she was hit by a black Mercedes-Benz or Toyota, and police said there may have been children in the Toyota.

Police said they are still searching for two drivers that may have been involved in the accident, and that the driver of one of the vehicles had spoken with the victim’s mother after the accident. Neither driver identified themselves.

The California legislature is set to review the penalties for hit and run accidents, and they are long overdue. To think that a person could leave the accident scene and have children in their car is tragic. We hope the driver is found and appropriately punished. Until more people are punished severely, the risk of fleeing will be "worth it" to some.

The intersection where the girl was fatally struck is surrounded by an affluent West L.A. neighborhood not far from the UCLA campus, and Sunset Boulevard itself runs from Santa Monica to Hollywood, often becoming tight and narrow in certain areas.

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

jballidis@allenflatt.com (blog Author)27753 — Fri, 05 Mar 2010 08:00:00 EST

LA Cyclists Protest Unfair Treatment By the LAPD

Bicycle commuters and activists held a bike ride Wednesday, February 24 to protest the unfair treatment by authorities of bicyclists injured in hit-and-run accidents. Organized by the Los Angeles County Bicycle Coalition, the rally ride began in Hollywood and ended at City Hall, where riders then attended the transportation committee meeting. During the rally, riders followed the route of L.A. city employee Ed Magos, who was injured January 6 near the intersection of Figueroa and 2nd Streets in downtown Los Angeles.

Magos had been hit from behind by a Porsche Cayenne, according to news reports, and the driver got out of the car, noticed the bicyclist on the street unable to move, and left the scene of the crime, despite Magos’ pleas for help. The bicyclist was taken by the L.A. Fire Department to Good Samaritan Hospital. Though Magos was able to get the vehicle’s license plate and the driver later went to a police station, police failed to make an arrest in the hit-and-run, according to news reports.

The victim, reported as the chair of East Hollywood Neighborhood Council’s Public Safety Committee, was unable to attend the protest ride because he was still recovering from the accident.

It is inconceivable that the police would not arrest a driver that flees the scene of an accident. What is worse, to flee when someone is pleading for help. The protest was warranted, and police need to crack down on hit and run drivers. If they turn themselves in, they should be shown leniency, but not treated as if they simply ran a stop sign.

Read about another hit and run in Brentwood, that underscores the need to take hit and run accidents more seriously.

Skateboard park rules being eased by California assembly bill

jballidis@allenflatt.com (blog Author)27702 — Thu, 04 Mar 2010 08:00:00 EST

Currently, in your California legislature, there is a movement under foot to loosen the restrictions and requirements on skateboard park operation.

Present law mandates that skateboard park operators require helmets be worn during operation of the park and when boarders are using the park. It also requires that elbow pads and knee pads be worn. The typical skateboarder is a person under the age of 18, although it can include adults.

Additionally, current law requires that skateboard parks report injuries so that information can be amassed on safety.

Assembly bill 874 attempts to loosen those requirements. Elbow and knee pads would not be required, and reports of injury would no longer be required.

The need for elbow pads and head protection is readily apparent in any skateboarding adventure. To require that the parks have their users wear such equipment is not intrusive or overly burdensome when considering the traumatic injuries that are likely to occur in the absence of such.

I believe this to be a step in the wrong direction. The purpose of elbow and knee pads is not only to protect the user, but to protect us from having to send out emergency personnel when someone has sustained a serious injury. Wearing protection is a very insignificant inconvenience, and anyone watching professional skateboarding sees those same skateboarders wearing the equipment. Additionally, a reporting requirement seems a reasonable way to monitor the types and amount of injuries that occur at these skateboard parks.

I believe this to be a bad idea, and one that should be defeated inside the legislative branch.

Reality TV star's daughter mauled to death by dog

blog@www.thecaliforniainjurylawyer.com (news Author)13227 — Tue, 02 Mar 2010 08:00:00 EST

Oregon officials report that the four-year-old step-daughter of Jesse Browning has been mauled to death by the family Rottweiler.

Jesse Browning stars with his father in the History Channel’s “Ax Men”, a reality TV show about the logging industry. His step-daughter, Ashlynn Anderson, was found injured on the lawn of their Astoria, Oregon home on Sunday, February 28.

Ashlynn was flown by helicopter to a Portland hospital. She was pronounced dead.

The dog attack happened only four months after Officials removed another Rottweiler from the home. It had bitten an adult family member. The two remaining Rottweilers in the home been quarantined.

In 2007, thirty-three American children died in dog attacks. Most of dog bite victims in California are children. More than half of these children were attacked in the face.

If your child has been injured by a dog, seek medical treatment immediately. The dog owner’s insurance is responsible for the medical costs. You may want to speak to a lawyer to make sure that all your child’s needs are covered.

The Orange County law firm of Allen, Flatt, Ballidis and Leslie represents dog bite victims in the Los Angeles area and throughout Southern California. If you have questions about a dog bite, call our attorneys at 866-981-2612.

Good sumaritan can be sued with new law change for rendering aid at scene

jballidis@allenflatt.com (blog Author)27594 — Tue, 02 Mar 2010 08:00:00 EST

In 2008 the California Supreme Court issued a ruling that put into jeopardy the ability of a person to render aid at a scene of an accident without being sued later. At the scene of an accident, a driver pulled her friend from the car after an accident. It was thereafter alleged the driver caused the passenger greater injury including paralysis. The passenger sued the driver and was denied a claim by the lower court relying on provisions of Health and Safety code 1799.012, which provided that a person rendering aid at a scene of an accident cannot be held liable for damages for rendering the aid.

On appeal however, the Court of Appeal and the Supreme Court both held that the legislative intent was only to preclude action when giving medical care. Since removing the passenger from the car was not medical care, the statute did not apply, according to the ruling.

In swift response, the California legislature rewrote the statute. Assembly Bill 83 changed the law to read that when someone renders medical and non-medical care at a scene of an accident they are immune from liability. However, the statute also put in an additional term that the immunity only applies if the care or action taken was not grossly negligent or willfully or wantonly negligent.

What is the effect of this change in the law? Suppose that you are involved in an accident and then a good Samaritan comes to your aid. There is no reason for alarm, you are not in harms way but you have sustained an injury that will not allow you to move. Should the good Samaritan help you out of the car, possibly causing a lifetime of disability or take you ability to walk away from you? Probably not. The person of course should assess whether you should be moved, but if there is no reason at the time, shouldn't he wait for medical personnel. With the new provisions though, the person will act more cautiously, even at your expense. The good Samaritan might leave you in the car for fear of a lawsuit. What if the car is in travel lanes? You are hit again and now sustain additional injury.

I think the legislature got it wrong, because we can always be critical after the fact. At the heat of the moment, every good Samaritan should be assumed to be acting prudently unless proven otherwise. Even then, I think if they are acting without compensation and trying to help, they should be protected, even if in hindsight it might be considered by a jury to be grossly negligent.

Personal injury case: the number one question always asked

jballidis@allenflatt.com (blog Author)27372 — Fri, 26 Feb 2010 08:00:00 EST

The number one question always asked by each prospective client is “how long is my personal injury case going to take.” In an age of instant messaging, downloadable files, connectivity by fire wire and wireless technology, the legal profession and the settlement of claims has slowly crept along. Claimants want quick resolution, as they receive in almost all other aspects of their life.

Unfortunately, the legal and medical profession are slow to change and remain in the age of dinosaurs. There are good and bad reasons for the delays. Here are some frequently arising delays and the need for improvement.

The first step in any claims management and settlement is to collect the medical records and bills associated with the claim. They need to be thoroughly reviewed, but before they can be reviewed, they have to be obtained.

There is inherent delay in obtaining medical records and medical bills in any case. The medical profession is just now starting to see the benefit of digitizing medical records. Hospitals and medical providers are busy practices, and typically have a three to four week minimum timeframe for scheduling of an appointment to pull and copy records. We cannot simply ask for a disk of records. The wait is longer if the records are in archive.

Medical providers are also required to prepare reports to explain the injuries and damages sustained by an individual resulting from an accident. Those reports are drafted independently, and after all treatment has been rendered by the medical provider. Occasionally, these reports come in quickly, but for the routinely, the doctor does not want to prepare the report, it is paperwork, and we all know what we do when faced with paperwork, delay and procrastinate. However, would you prefer a quick report or one that is prepared properly and thoroughly? Of course we prefer the latter, which is why as an attorney we do not want to squeal too much if there is a delay.

Even after we obtain all the reports, bills and prepare a demand letter, insurance companies are inherently slow to respond to any demands provided to them. Many times, insurance companies' adjustors have stacks of other files and are overworked. Thus, your file goes on the bottom of the stack. It rarely helps to incessantly call; instead you again pay the price of a rushed review and response that can delay the claim further. Polite reminders are always well received, but the attorney that “bugs” the adjuster gets little action.

Inevitably, the insurance carrier makes an initial low offer on virtually all cases unless there's inadequate insurance to cover the damages. The archaic process of negotiation has been developed over hundreds of years. We stay high, they stay low. Otherwise the party thinks they gave too much. The negotiation dance is a slow gyration between the parties to arrive at the least the insurance company has to pay to settle your case.

It's best to relax, let the case unfold and never, ever, ever give the indication that you're anxious to have the case settled quickly. Otherwise, you'll likely not see a reasonable recovery.

Boat accident in Orange County cases lawsuit against Coast Guard

jballidis@allenflatt.com (blog Author)27375 — Fri, 26 Feb 2010 08:00:00 EST

Five days before Christmas 2009, three families were enjoying the San Diego boat parade in a 24 foot Sea Ray when suddenly they were struck by a 33-foot Coast Guard vessel rushing to the scene of a boater in distress. An 8 year old boy, Anthony Cole De Weese died from blunt- force injuries. The other 7 people in the boat all were injured but were expected to recover.

Last week the three families; DeWeese, Stannard and Mills filed a joint lawsuit against the Coast Guard. The families know that it will not bring back little Anthony, but it will send a message to the Coast Guard that their vessels and crew have to have better training, because this was not the first incidence with this vessel.
In Southern California we can enjoy boating nearly year around. It is s a true boater’s paradise, but with 3.5 million unlicensed recreational boat owners here in California, there are varying degrees of experienced seaman. Yes, that’s right; you do not need to have a license to drive a boat in the state of California.

California bill AB 1458 has been stalled in Sacramento for several years now, but it would mandate that all boat drivers have a license, similar to car drivers. The bill would require operators of motorized vessels to pass an examination and obtain a life-time certificate before they operate a vessel. Currently there are safety courses available but they are taken on a voluntary basis. California also rates second in accidents and fatalities, next to Florida.

Accident rates were slightly down in 2008 compared to previous years, but California still had 520 accidents with 45 fatalities and 376 injuries. Additionally, California had the most alcohol-use accidents in the country.
Some of the major factors contributing to boating accidents are operator inattention, reckless operation, excessive speed and alcohol use. Many accidents involve more than one cause. Over 40% of serious incidences with boats involve collisions with other boats. The one major factor that will save lives in boating accidents is the use of a life jacket or personal flotation device (pfd). Two-thirds of all boating accident victims drowned and 90% of them did not wear life jackets. A good rule of thumb is to have a safety jacket for each person aboard your boat. As the owner of a boat, as is similar to owning a car, you are responsible for the well-being of your passengers.

Another growing problem for boat owners are sudden deaths that can be caused by carbon monoxide poisoning; both in and outside the boat. Passengers should be aware just how deadly CO can be and that’s why towing passengers in watercraft such as teak surfing is now prohibited.

The California Department of Boating and Waterways publishes an excellent brochure entitled, “ABC’s of the California Boating law”. It is freely available from the website www.dbw.ca.gov/pubs/abc/. In addition, they offer a free home study course called, California Boating Safety. Call 916-263-1331 for more information.
There are also many free courses on boating safety as well being offered by the U.S. Coast Guard Auxiliary. Call 800-368-5647 for further information.

Whether it is mandated or not, before you should drive your boat, it is wise to get educated on boat safety.

Auto accidents caused by speeding are largely avoidable

jballidis@allenflatt.com (blog Author)27376 — Fri, 26 Feb 2010 08:00:00 EST

Speeding is one the most prevalent factors contributing to motor vehicle crashes. The National Highway Traffic Safety Administration, NHSTA, estimates that speeding-related crashes have an estimated societal cost of $40.4 billion dollars. Moreover, 31% of all auto accidents in 2008 were caused by speeding, more than any other factor.
California is rated #1 for all U.S. speeding fatalities with an estimated 1500 per year since 2003. However, the California Highway Patrol now has extra money for its officers, thanks to a NHSTA grant to support overtime and hopefully stop speeders through more education. Over one-third of all injuries in the state of California are speed related.

Young male drivers are the largest demographic group to be drive while speeding—at least 37%. However a new study suggests that teenage girls are the “new teenage boys”. Over half admit to texting while driving fast. However, young men are still twice as likely to die in a crash.

Recently a young man in a Mini Cooper sped through a red light, and then ran directly into a min-van, killing all four members of one family. The crash killed the parents, a 6 year old son and 10 year old daughter. In addition to killing the family in the min-van, he also clipped two other vehicles causing injuries. The driver of the Mini Cooper was hospitalized in critical condition.

This was a preventable tragedy that we hear about all too often. Research is clear with the correlation between increased speed and risk of injury or death. For example, if one is driving in a 35 mph zone and is driving 40 mph, they will be twice as likely to be involved in an injury accident. When the speed of your vehicle increases to 45 mph, the risk increases to four times.

In addition to the obvious dangers of speeding, the effectiveness of air bags, seat belts your car’s own crumple zones and side beams are all negatively impacted at higher speeds. Surveys have also indicated that people who routinely speed are also likely to be involved with other dangerous driving behavior, such as not wearing a seat belt and driving while intoxicated.

Surveys reveal that over 90% of all licensed drivers speed at some point in their driving career, so we can’t blame the speeding only on all of the teens. In fact, 75% of drivers admit to speeding on a regular basis. So who are the reckless drivers? They are young, middle-aged, and old; men and women; they drive luxury cars, sports cars, SUVs and family cars.

The best advice experts can warn a driver is to slow down! Getting to your meeting 5 minutes late will not get you fired but speeding could cause a serious injury, traffic ticket or maybe even your life.

But what shall you do if you are hit by a speeding vehicle. Of course the accident was not your fault, what are your rights. You have the right to get your car repaired, your medical bills paid and pain and suffering compensation. Here is how an accident claim works.

You are not alone. Call for a free book on how 9 strategies to manage your auto accident claim, or call us for frree advice. Call 1 866-981-5596 now for the help you need.

Car accident claims simplified.

blog@www.thecaliforniainjurylawyer.com (news Author)13080 — Thu, 25 Feb 2010 08:00:00 EST

25-year attorney, James Ballidis, of Newport Beach, California, released a second book last week. Broadcast over the airways of KLAC Radio, he has been offering for free to listeners, a book entitled The Seven Strategies You Can Employ to manage and Settle Your Claim without a Lawsuit. In the book, Mr. Ballidis offers helpful and practical tips and information for persons who have to deal with an automobile accident, unpaid medical bills, property damage, health insurance liens, and other important facets of claims.

Many people are not yet ready to hire an attorney, or may feel that hiring an attorney is not in their best interest. Mr. Ballidis wrote this book to bridge that gap between not knowing what to do, and hiring an attorney.

In the radio ad, he says, "Call and get your free book, and if you need me later, you can call me."
The book unravels complicated claims for persons who are not familiar with having to deal with a claim. It demonstrates, in clear and concise language, the process that individuals should take to maximize a fair resolution of their claim.

Insurance companies spend thousands of dollars training their adjusters to be professional and to know how to protect the company and save the company money. Yet accident victims have no training when it comes to making their personal injury claim.

If you want a copy of this important book to help you understand and manage your claim, call for your free copy at 866-900-1500. Mr. Ballidis' office will send you a copy of the book, no hassles and no additional sales efforts.
He is confident that if you review the book, you can handle your own claim, but if you can't, you'll feel comfortable calling him, knowing that he's not only an expert, but that he has helped you already. Call 866-900-1500 for a copy of your free book.

Congress Admits Today We cannot protect you from shoddy manufacturers!

blog@www.thecaliforniainjurylawyer.com (news Author)13015 — Tue, 23 Feb 2010 08:00:00 EST

Congressional leaders are stating in hearings today that NTSA, the National Transportation Safety Administration, lacks the resources to investigate the Toyota acceleration cases. Republicans constantly complain of the need to reduce the federal budget. Democrats constantly complain of the need to increase the federal budget for health and welfare. Both don't seem to realize that government is a poor administrator when we need enforcement of the rights of an individual, and forcing companies to toe the line of safety.

Nothing gets the attention of a car manufacturer more than a Personal injury attorney setting out a claim for compensatory and punative damages. If an plaintiff can demonstrate the proof necessary to establish wrongful death or serious injury, punative damages and damages for compensation play a huge role in assuring that car manufacturers respond to defects. I would even suggest that we require the car manufacturers pay the entire attorney fee if the plaintiff prevails, thereby allowing the victim full recovery and allowing Plaintiff lawyers to pursue these cases aggressively. Additionally, the costs put the burden of faulty manufacturing costs onto the manufacturer where it belongs.

Instead, we constantly seem to think that we can put more government onto the concept of evaluating and monitoring corporations. Unfortunately, through bureaucratic reality, lack of fiscal restraint, and ineffectiveness of government in its interaction with business, we spend a great deal of money accomplishing nothing.

The indictment of Toyota today at the congressional hearings is no less of an indictment on the National Transportation Safety Administration who is inept at making car manufacturers truly respond to consumer complaints and defects that caused sudden acceleration of cars.

It's a shame that the concept of corporate honesty has devolved, or should I say the American public has been fooled into believing that corporations will act in fairness, need minimum oversight, and will protect us as they make a reasonable profit.

Ontario truck accident leaves four dead.

blog@www.thecaliforniainjurylawyer.com (news Author)13018 — Tue, 23 Feb 2010 08:00:00 EST

Saturday, February 13th, 2010, four people were killed in a multi-car and semi-truck pile up on the 15 freeway in Ontario, California.

The California highway patrol reported that two children and two adults were killed at the scene when their car was sandwiched between two tractor trailers. The car also caught fire on the southbound portion of the freeway. There were other persons injured at the scene as well.

The cause of the accident has not be released, but there were a number of cars involved in the collision.

Tractor trailers are particularly dangerous and cause death to those that are impacted by them because of their sheer mass and the violence of impact. A thorough investigation into the cause of their deaths should be undertaken by an experienced investigator, the California highway patrol special investigation team, and investigators hired by the family. Many times, the cause of an accident is not fully known until the investigations are conducted, including the interview of witnesses, obtaining physical evidence, and interviewing the drivers that were involved in the accident, who can give a statement.

My condolences to the family of the four that were killed in the pile up. We hope that the family is guided to an experienced truck accident attorney who can hire an investigator to provide the answers they so desperately will no doubt seek to locate the cause of this tragedy.

It is expected that the California highway patrol will release more details of their investigation in the weeks to come. But in the meantime, tragedy will leave a family devastated.

Blue Cross quickly becoming the Toyota of bad business.

jballidis@allenflatt.com (blog Author)27146 — Tue, 23 Feb 2010 08:00:00 EST

In a not so surprising turn of events, Anthem Blue Cross has managed to show the face of greed in the course of one month. First it attempted to justify a 17% premium increase for individual policy holders. Note the subtle difference, then did not seek an increase for all policyholders such as corporations and company benefit health plans. The individual policyholder received this increase because Anthem decided their profitability was just not enough last year. (Check the profitability for yourself!)

It is amazing that Anthem Blue Cross can try to justify a 17% increase when the entire nation is in a recession, health care as well as other business. There can be justification, but of course people at the company will be paid huge sums to monkey with numbers and justify why poor Anthem cannot do business without the increase.

Now today, we hear they denied a liver transplant to a man who would have died, because to receive this liver would have been “out of network.” Greed and deceit are the mainstays of big business, and we are seeing the large icons slowly lumber to take every nickel from you and me.

Toyota, yesterday, admitted that it knew of acceleration problems in its vehicle computer software for more than 5 years and hid the fact from the public. Many times, I wrote in the past, that faulty mats were an unlikely caused of acceleration and I did not feel pedals were to blame. The latter explanation however was unable to be evaluated, at least until the senate and congressional investigations started.

Corporations will act for profit at the expense of our liberty and financial welfare. The only mechanism is the ability to allow a jury to decide if they violated our rights and principals. Sadly, too many continue to argue that we need less lawsuits and therefore institute laws that insolate large companies. One example is ERISA the federal law that does not allow any attorney fees or penalties to be assessed against a health insurance company, even if it causes a death.

Wake up and smell the greatness we call America, the land of the greed. I vote to restore the ability for all companies to pay the price of injustice, and restore the ability of a jury to decide its fate.

Dog Mauling of three children in California.

jballidis@allenflatt.com (blog Author)27181 — Tue, 23 Feb 2010 08:00:00 EST

Three children ages 5, 6, and 7 have been hospitalized due to a vicious mauling by a pack of five dogs; four pit bulls and one mastiff while walking to a nearby park with their mother. The 7 year old boy required 237 stitches to patch up his severely injured leg, and his 6 year old sister needed 18 stitches to repair her injuries. However, their five year old sister remains on a ventilator in critical condition with massive head and neck injuries, punctured lung and broken ribs.

The pack of five dogs had escaped from a backyard and suddenly attacked the family. When the police arrived, one dog lunged at the officer and he was shot. The other four remain in quarantined but they are expected to be euthanized.

Each year, over 4.7 million people get bit by dogs and 885,000 people require medical attention for dog bite-related injuries. Most attacks are in the facial/head area and regrettably, most are children. Kids represent over 60% of all dog bites, and sadly, most deaths occur with kids. Emergency room injuries due to dog bites are ranked second for children under 15.

In the last three years there has been 88 fatalities involving dog bites, with 59% of those cases involving a pit bull. These dogs commit the majority of the attacks that result in death. In addition to pit bulls, 14% of these deaths are caused by rottweilers and 5% each for both bulldogs and huskies..

In a recent study of why dogs bite children, by far the most common reason was territorial in nature or they felt their food or toys where under threat. In addition, dogs feel anxiety when a new person is near them and they can experience pain from an unknown medical condition. Most dogs that are involved with a vicious attack have never bitten before.

Teaching our children safety techniques when they are around dogs is very important. Since 70% of most dog attacks happen on the dog owner’s property, your child will most likely come across dogs while walking to school or playing with their friends.

The Centers for Disease Control and Prevention, CDC has some safety tips for children:

    * Do not approach an unfamiliar dog
    * Do not run from a dog or scream
    * Remain motionless when approached by an unfamiliar dog.
    * If knocked over by a dog, roll into a ball and lay still
    * Never bother a dog that is eating, sleeping or caring for puppies.
    * Tell an adult about any stray dogs
    * Always have an adult with you when you play with a dog.
    * Never tease a dog.
    * Avoid direct eye contact with a dog
    * Never pet a dog without first letting it sniff you first.

CA proposition 17 is not a good idea.

jballidis@allenflatt.com (blog Author)27182 — Tue, 23 Feb 2010 08:00:00 EST

In the Los Angeles Times, February 17, 2010, reporter Steve Lopez attempts to provide some meaningful understanding into the Proposition 17 campaign sponsored by Mercury Insurance in California. The proposition allegedly is designed to allow drivers with continued coverage to gain a premium discount. While current law allows those of us who always have insurance to get a loyalty discount, it does not allow a company to discount a new client for long time loyalty to another company. So the argument goes, why not approve such a simple concept. Let me provide the viewpoint as a consumer in California that has always purchased insurance, and also a California auto accident lawyer.
First, don't ever go to bed with the person that has already been cheating on everyone else they touch. You will not find a silver lining from Mercury Insurance. It has a deplorable record of abuse to other claimants, other insurance companies, adjusters and their own insureds. Check out the many complaints filed with the department of insurance, which of course is a useless body of enforcement for consumer complaints.
Second, it is not surprising that Mercury's leader is "one of the most wealthy in the state." It is on the backs of his own insured drivers that he has collected premiums. Mercury aggressively delays, argues non-viable claims and refuses to offer reasonable settlement to THEIR OWN INSUREDS, and on this backdrop, Mercury makes lots of money.
Third, ask why Mercury and no other carrier wants this proposition to pass? Mercury would love to steal your long time business discount from a more responsible carrier, get those premiums and then when you need to make a claim, shaft you. Mercury’s reputation would remain in tact for a while longer before word is out.
Lastly, I have enough problems paying my insurance. I have no accidents, tickets and claims and pay like every one else does. Mercury's passage of Proposition 17 will make insurance less affordable to those that are barely paying the minimum. Therefore, I will have to pay more in the long run.
This horse has been on the sale block before, and proposition 17 simply means a new way to gain premium dollars while giving absolutely poor service to your insureds and those your insureds’ injure.

Cell phone use linked to signficant disease

blog@www.thecaliforniainjurylawyer.com (news Author)12911 — Fri, 19 Feb 2010 08:00:00 EST

A recent newspaper report in the Los Angeles Times commented on the disagreement among experts over potential causes of cancer from electromagnetic field exposure of power poles, cell phone use and other electronics. Unfortunately, while the article talks about the dispute among experts, it does little to investigate the links and basis of those that say it is not harmful.

Last year I wrote to tell readers of a repot issued by a series of experts that detailed the links and dangers. While the mechanism is not known, the link to danger is clear in my opinion. Here is the best synopsis I have found on the subject, written by experts that have no financial interest in the matter.

In this report there were 15 reasons why a cell phone can be dangerous and has been linked to causes of illness and death. While everyone seems to agree that the emission of low level electromagnetic fields or EMF's does not break down DNA in our body cells, there has repeatedly been documented development of disease to a high degree of probability. While the mechanisnm cannot be identified, it does not mean the danger does not exist. Think of smoking, and the studies issued by the tobacco companies for years, suggesting that there was no linik to disease. Later we found otherwise, and the multibillion dollar cellular industry is not above such actions either.

Therefore while a cell phone is becoming a necessary device for every day life, there is no reason to flirt with disease by ignoring the studies. Of particular concern is the higher rate of reported brain cell tumors on the side of the scull that the cell phone is used. Check these reports out from an industry sponsored studies.

Microwave News, IARC Director Forces Publication Of Interphone Brain Tumor Results (Acoustic Neuroma Analysis Languishes as the Feud Continues), 11 May 2009

Cell Phones, Invisible Hazards in the Wireless Age, An Insiders Alarming Discoveries About Cancer and Genetic Damage, Dr. George Carlo and Martin Schram, Carrol & Graf Publishers, Inc. New York, 2001.

Hardell, et al., Case–control study on radiology work, medical X-ray investigations, and use of
cellular telephones as risk factors for brain tumors, MedGenMed. 2 (May 4 (2)) (2000) E2. [Risk of temporal, parietal and occipital lobe brain tumors on the same side of head as where cell phone was held]

There are an equal number of results from independent studies done without funding from the cell phone industry. An industry cannot be expected to be responsible, we have to act to our own interests.

Instead of risking your health here are some real guidelines we can live by:

1. Do not put the cell phone to your head where possible. Use an ear piece to reduce heat and electromagnetic exposure.

2. If you use a cell phone for over 10 years, your risks are increased. Therefore make sure to reduce your use daily where possible and use your land line. I have stopped calling on a cell phone where I have access to a land line.

3. Children should have their access to cello phones severely restricted. They are much more sensitive to injury per the studies.

4. Continue your texting habits, in fact increase them. As long as the cell phone is further away from you there is a reduced chance of cell disruption.

5. Consider putting a cover on your cell phone that covers all but the microphone and speaker to reduce heat and EMF exposure.

Elderly man drives into casino killing two.

jballidis@allenflatt.com (blog Author)26971 — Fri, 19 Feb 2010 08:00:00 EST

A 70-year old man’s speeding car crashed through the entrance of a popular Laughlin casino on the California/Nevada border last week. Two people were found dead amongst the crumbled slot machines and 8 injured after this horrific crash. Authorities hope that the casino’s surveillance videos will help in their investigation.

Witnesses’ outside said that they saw an elderly man speed through a red light and then across the casino’s parking area, then straight through the casino. The unidentified man from Washington State confirmed that he had fainted while driving on vacation and police believed he suffered a “medical episode”. However, if this is true, was it safe for this man to be driving?

In the United States there are approximately 31 million licensed drivers that are 65 years old and older, that’s a 19% increase from 1997. Automobiles allow older adults to maintain their mobility; but as age increases, so does the older adults’ risk of being injured or killed in a motor vehicle accident. More than 500 older adults are injured every day as occupants. In fact, once a person reaches 80 years old and is still driving, the injury accident rate is similar to teen drivers—not a good comparison! Although they have fewer crashes, the ones that they are in are more serious

In addition to getting older, medications can also cause problems with the elderly driving so how do you know the warning signs and how would you approach this delicate subject with an aging relative?
AARP, the American Association of Retired people has combined the 10 major warning signs that could indicate that a parent or friend is unsafe to drive:
·    Almost getting into accidents, with frequent “close calls”
·    Finding dents or scrapes on the car
·    Getting lost
·    Difficulty seeing traffic signals and road signs
·    Delayed response times during unexpected situations on the road
·    Experiencing road rage if others honk at them
·    Misjudging gaps in traffic
·    Easily distracted or can’t concentrate while driving
·    Difficulty turning around to check traffic in other lanes
·    Receiving multiple tickets or warnings from police officers

The American Medical Association has issued ethical opinions regarding the physician’s responsibility to older drivers, but as you might imagine, this is a sensitive matter and doctor’s can only give their opinion, not prohibit their patient from driving. It is ultimately up to the person to turn in their license.
According to a new study released by the AAA Foundation for Traffic Safety, 78% of persons over the age of 55 years take at least one medication and 95% of those individuals have one or more medical conditions. In addition, only 1 in 4 of these people knew that there were potential dangerous side effects when they took their medicines and drove a car.

Senior drivers will more than double by 2030 and the doctors, families and friends must all work together to educate older drivers of the warning signs of dangerous driving as well as the ultimate decision to turn in the keys.

James Ballidis is the managing partner of Allen, Flatt, Ballidis & Leslie a firm dedicated to the representation of car accident victims. Call 1 866 981-5596 for help.

Truck tractor runs into yard and injures Garden Grove woman

blog@www.thecaliforniainjurylawyer.com (news Author)12832 — Fri, 12 Feb 2010 08:00:00 EST

A 44-year-old truck driver was arrested on suspicion of driving under the influence of alcohol after he crashed his 20,000 pound tractor into the yard of a Garden Grove home. The truck was not pulling a trailer.

The truck accident was reported at 10:7 am on February 12 on Woodbury Road near Euclid Street.

William Michael David of Mission Viejo was driving the truck west on Woodbury when he ran off the road and into a front lawn knocking down fruit trees, small palm trees and planters. The truck then collided with a brick wall that separated the home from nearby apartment buildings.

Thirty-seven-year-old Olga Quiroz was in the yard when the truck crashed through. She suffered leg injuries and was taken to the hospital. Her children, an 11-year-old boy and a two-year-old girl, witnessed the crash, but were not injured.

A neighbor said that she saw the tractor-truck speeding down the road and then saw the driver reach down to get something right before the crash.

Forty-five minutes earlier, the driver was involved in another wreck at the intersection of Euclid Street and Trask Avenue. He had struck a vehicle and left the scene. The female driver followed him to the scene of the second incident where she identified the driver as the one that caused the earlier crash.

The driver was arrested on suspicion of felony DUI. He had been at his trucking company job for two days.

Do pedestrians, that are injured or killed outside of the crosswalk, still have rights to recovery?

jballidis@allenflatt.com (blog Author)26637 — Fri, 12 Feb 2010 08:00:00 EST

Does a pedestrian that is struck by a hit and run driver have any ability to recover damages. Read on to see why the answer is yes!

In a publicized San Bernardino County pedestrian accident, Dustin Martin, a 17 years-old was killed when he was struck by a hit and run driver. The accident occurred while he was riding his skateboard on Cottonwood Avenue near Poplar Street.

He was hit by a sedan, and the driver left the scene. The driver did however return later and was arrested for a felony hit and run.

If the driver had not returned to the scene, the pedestrian may have the ability to be compensated for his or her injuries. Many people do not realize that a pedestrian, when struck by a car, has the right to make a claim on the uninsured motorist coverage of their automobile policy if they were struck by a car that flees the scene. This may, in certain circumstances, provide an avenue of recovery for the family of someone wrongfully killed or seriously injured.

Where a pedestrian is struck by a car and the driver flees, it is worthwhile to hire a San Bernardino or Riverside County pedestrian accident attorney to consider whether you have a pedestrian accident claim.

Pedestrian accidents are a very serious and troubling issue in San Bernardino County. San Bernardino City and the outlying cities surrounding it have a significant pedestrian accident rate according to traffic collision Reports. San Bernardino had 6 accidents killing pedestrians in 2000 and the same accident rate per population as major larger cities like Dallas and San Diego.

Pedestrians have rights. If you feel that you or a family member has become a victim to a pedestrian accident, either hit and run, or an identified driver, contact an experienced Riverside and San Bernardino County pedestrian accident attorney to discuss those rights.

You can call us at 1-866-981-5596 for free consultation. We always try to help any person that calls our office and inquires about such matters as a serious injury or a wrongful death. If we can't help you, we'll get somebody who can.

We hope that all persons involved in pedestrian accidents, are protected under the law, particularly when they are involved in a hit and run collision.

Free book that helps California residents manage their injury claims.

blog@www.thecaliforniainjurylawyer.com (news Author)12784 — Thu, 11 Feb 2010 08:00:00 EST

Are you injured because of a car accident, a slip and fall, a product defect, a motorcycle or bicycle accident, and the accident was not your fault? Are you concerned what to do now? You need real, useful information? Information that is free from an expert?

We have a solution. A free book to help you manage your California personal injury and accident claims process.

In an effort to help those involved in accidents, author and attorney Jim Ballidis has published a book of seven strategies he has used over the last 25 years to manage and settle personal injury cases and keep you out of court.

He has recently offered the book free to listeners of KLAC and My FM Radio in Los Angeles and Orange County California. Now he is offering the book free to any California residents who have a claim for personal injury.

The book details such important topics as where to go for medical treatment, how to handle your property damage claim, how to document your injury and property damage, what to do with medical liens, and medical reimbursement.

When asked why he generated the book, attorney Ballidis noted that insurance companies highly train their employees to defend and defeat injury claims. They ask for recorded statements, authorizations, and probe and poke into the privacy of each and every person that makes a claim. They even make people feel guilty for bring a personal injury claim.

The victim does not stand a chance without either a competent and experienced attorney or information contained in this book. Some people are not ready to hire an attorney, but don't want to make mistakes that damage their claim. This book helps solve those concerns.

Why would attorney Ballidis make this free offer? "People can get the book and be empowered right now. They can call me later if they need an attorney. At least when they do call an attorney, they haven't done damage to their claim."

The book for free to California residents that are injured in an accident. There are no other sales pitches or additional offers packaged with the book. If you want your free copy of this book, call 949 752-7474 and ask to receive the "free book of seven strategies." They will send the book to you immediately.

This offer is only available February through March 2010 so call for your book now.

Drunk driver convicted of wrongful death of doctor.

jballidis@allenflatt.com (blog Author)26562 — Thu, 11 Feb 2010 08:00:00 EST

On January 22, 2010, a marine stationed at Camp Pendleton was convicted and sentenced for killing a new neuro-radiologist in an auto drunk driving accident. The victim was Dr. Michael Sein, well known to our office. He had, over the years, interpreted thousands of MRIs for injured victims. We were saddened by the loss of his life and the serious injury that his wife also suffered.

Lance Corporal Elijah Ferguson, 22 years old at the time, was convicted of felony drunk driving and driving under the influence. The accident had occurred on February 22nd of 2008. Dr. Sein and his wife were stopped on Jamboree Road at Macarthur Boulevard when Mr. Ferguson rear ended their car traveling at over 70 miles per hour. Speed limit at the location is 50.

What is particularly frustrating is that Ferguson had just taken part in a special class at Camp Pendleton that discussed the dangers of drinking and driving. At the time of the accident, he was found to have a blood alcohol level above 0.8.

The community continues to mourn the loss of Michael Sein, a gentle and kind man, and someone that we felt to be a friend to the firm. Mr. Ferguson's life has been forever altered as well because of drunk driving.

It is hoped by this story and post and the many others throughout the last year, that we stay vigilant to the need to eliminate this killer of so many people.

Irvine police cause a unnecessary traffic snafu to issue a ticle.

blog@www.thecaliforniainjurylawyer.com (news Author)12755 — Wed, 10 Feb 2010 08:00:00 EST

February 10th, 2010. At 8:45 in the morning, at the peak of traffic, a police officer pulled over a driver for a ticket infraction. He stopped the person in the right turn only lane of travel on University at Campus.

The resulting effect was a traffic nightmare and potential for collisions. Already a congested and busy intersection because of college traffic, this officer thought it prudent to not only stop in the right-turn only lane but cause traffic to line up behind him, and in the two lanes next to him. During my wait and effort to pass by this mess, I saw lots of looky-loos slowing to a crawl to see what the commotion was about, but twice I also saw two cars almost collide because they were trying to pull into the other lane to pass.

The officer's conduct created a dangerous condition for drivers approaching and trying to get to school and work. What ever the infraction, it was ill timed to stop the person. Following the person to a less congested location is one such solution. A simple right turn on Campus Avenue, and there is adequate space to pull over without causing any traffic congestion.

Police officers, especially Irvine police officers, should know and understand that pulling a car over for an infraction where there is no shoulder is simply not a good idea.

Pedestrian from Fountain Valley hit on Newport Blvd in California

blog@www.thecaliforniainjurylawyer.com (news Author)12759 — Wed, 10 Feb 2010 08:00:00 EST

A Pedestrian from Fountain Valley was struck and severely injured while crossing Newport Blvd. at Hospital Road at 11:50pm on January 29, 2010. He remained in critical condition when transported to Western Medical Center regional hospital. Funny that he had to be transported 15 miles away, when he was hit within a block of Hoag Hospital. The driver was not arrested at the scene, and drunk driving was not suspected. However, the cause of the accident remained under investigation.

Pedestrians are frequently injured at night. Vehicle drivers are now expecting pedestrians late at night and also may be tired or spent from their day. Of course until more is known about the accident, it is speculation as to the cause of this accident, but I would not be surprised that the accident was the fault of the driver at that late hour.

You and your family should know the dangers of walking around large intersections late at night in Southern California cities. As a pedestrian, the risks increase and many times, there is nothing that can be done to avoid the driver that does not see you. Make sure if you are a victim of such an accident, you have someone investigate and protect your rights. A qualified pedestrian accident lawyer will do more than rely on the police report and sometimes; the pedestrian cannot give details because of their injuries. We hope this gentleman makes a full recovery from his injuries.

Car seats may save your child in a California car accident

mmazal@allenflatt.com (blog Author)26300 — Wed, 10 Feb 2010 08:00:00 EST

In California, all children under six year of age and under 60 pounds must be in an appropriate child safety seat while riding in a passenger vehicle.

Car crashes are the leading cause of death of children under 14 Allen, Flatt, Ballidis, and Leslie care about your child’s safety, so we’ve provided this guide to car seats.

Rear facing car seats: for infants from birth until one year and at least 20 pounds

Infants who are less than one year old and infants who are over one year, but weigh less than 20 pounds must ride in a rear-facing car seat. Experts suggest keeping your child rear-facing until he reaches the height or weight limit of the seat.

Forward facing car seats: Toddlers over 20 pounds and up to at least 4 years old

A child that has outgrown his rear-facing seat, should ride in a forward-facing car seat until he reaches the upper height or weight limit of the seat.

Booster seat: Children over four years old and over 40 pounds

Although it is not required in California, children are safest in a booster seat until they are 4’9” tall and at least 80 pounds. A child can safely ride using the car’s seatbelt without a booster when the car seat belt fits across the upper thighs and the shoulder belt fits across the chest.

Always read the manual that came with your seat to make sure it is properly installed.

Concerned citizen speaks out about dangerous intersectiion in Newport Beach.

jballidis@allenflatt.com (blog Author)26507 — Wed, 10 Feb 2010 08:00:00 EST

Nancy Remley wrote to the Daily Pilot that an intersection on Balboa Ave, at Island Street, continues to be of concern to residents. Pedestrians, trying to cross the busy street of Balboa, are ignored by drivers and there are many shops and businesses that attract the local residents. Unfortunately, she remarks, despite many letters and attempts to voice her concern to City officials about developing a solution, she has had no luck getting any action. She reports that problem would be improved by installing a crossing sign.

It is unfortunate that so many situations exist like this in Costa Mesa and in California. Local residents, who live in an area, know of these dangers and often report their concerns only to be ignored, until a pedestrian is killed or seriously injured in an auto accident. Reporting these dangers provides a benefit. If a governmental entity knows or should know of a dangerous condition, it too can be held liable. Fear of a lawsuit may get the government officials to examine and correct any defects before an accident happens. .

Thank you Nancy for reporting your concern to the Daily Pilot. That is how I found out about the intersection and can write about it. Public opinion may get something done after all and maybe, just maybe, before an accident causes a pedestrian to lose their life.

Check back soon as we will be starting a dangerous intersection blog for input by fellow citizens of the intersections they find most dangerous. If you have been the victim of a pedestrian accident, contact a pedestrian accident lawyer. We can advise you of your rights if you call 866-981-5596.

Texting driver almost kills workmen on side of road.

jballidis@allenflatt.com (blog Author)26523 — Wed, 10 Feb 2010 08:00:00 EST

Irvine Police Department causes traffic snafu near UC Irvine campus.

On February 10th, 2010 I was driving into work on Campus Avenue in Newport Beach. As I approached my intersection to turn right, I could see a car ahead of me with the driver obviously distracted. At the time I could not see what was distracting the driver but the driver was weaving within her own lane, driving erratically slow, and it was obvious she was either lost or on the phone.

Unfortunately, as we approached the intersection of Von Karmen in Newport Beach there was construction ahead. The area was coned with large, orange cones and two workers were in a trench that divided the right turn lane from the thru lane where the distracted driver was weaving.

As her car approached, it began to veer toward the cones on the right. Afraid for the safety of the men in the trench, I honked. She looked up and steered back into her lane. Had I not notified her, she would have driven right into the large trench and probably killed one of the workers. As I moved up along side her at the light, I noticed she had her cell phone in her hand. Unbelievably she was still texting as she brought her car to a stop.

Texting is a dangerous prospect anytime driving in the car. I hope this lady does not kill anyone when she has to learn her lesson.

Needles man is killed as a pedestrian by hit and run driver.

blog@www.thecaliforniainjurylawyer.com (news Author)12726 — Tue, 09 Feb 2010 08:00:00 EST

On January 30, 2010, Cody Rodenbucher, 17 years old and a resident of Needles, California, was struck and killed as a pedestrian by a hit and run vehicle. The accident occurred at approximately 4500 Ramsee Street in Banning, California.

Pedestrians frequently are the victims of auto accidents and it would surprise you the number of drivers that flee from an accident scene. Simply because the victim's assailant fled does not mean that further investigation and/or recovery is possible. A qualified pedestrian accident attorney should be consulted. For instance, there may be coverage offered by the victim’s own auto insurance. Contact made by a vehicle that flees, will qualify for uninsured motorist coverage. Additionally, further investigation may lead to the identity and coverage of the driver. Our office has previously located a suspect that fled the scene because he feared losing his job. Since he was on the job at the time of the accident, our investigation lead to a claim against a Million Dollar policy of insurance for the severe injuries of the client.

If you or your family has been the victim of an auto accident, contact a qualified pedestrian accident attorney to advocate your rights. Call us at 866-981-5596 for a free consultation.

Don't let your family's rights go unaddressed. Call for help today.

Pedestrian child killed by pickup.

blog@www.thecaliforniainjurylawyer.com (news Author)12727 — Tue, 09 Feb 2010 08:00:00 EST

On February 5, 2010, Mandy Reaz, a 13 year old young girl unfortunately lost her life. She was apparently on Mission Trail Road and struck by a pick up truck while crossing the roadway. It is unclear at this time whether investigation has turned up a cause of the accident.

Pedestrian accidents frequently wrench our children from our life unnecessarily and prematurely. More needs to be done in the state of California to reduce pedestrian accidents. Pedestrian accidents causing death in the state have remained the same year over year according to California Highway Patrol statistics.

If you've been involved in a pedestrian accident, or a loved one has been killed because of a negligent driver, contact a pedestrian accident attorney at 866-981-5596. Protect your rights.

elderly man has solo accident

blog@www.thecaliforniainjurylawyer.com (news Author)12728 — Tue, 09 Feb 2010 08:00:00 EST

A Murrieta man, Eugene Farinas, was involved in an automobile accident driving his SUV, when it veered off the road and into a center median. Police are investigating to determine whether the 75-year-old gentleman died of natural causes or the accident.

It is very important that autopsies are performed in situations like this to verify that the death was not caused by malfunctions of the vehicle, or other potential causes, including other drivers that may have steered him off the road.

This February 7, 2010, death reminds us that when it is our time to go, it sometimes happens at the most inopportune and inconvenient times. Our heart felt condolences to the family of Mr. Farinas for their loss.

87 year old falls victim to auto accident.

blog@www.thecaliforniainjurylawyer.com (news Author)12729 — Tue, 09 Feb 2010 08:00:00 EST

On February 1, 2010, Francisca Rayes was killed while occupying a sedan that was broadsided by a full-sized pick-up truck. She was 87 years old at the time of the accident and a resident of Chowchilla, California. She was taken to Desert Regional Medical Center in Palm Springs. The accident apparently occurred at Avenue 48 near Indio Boulevard in Indio.

Accidents take our loved ones very quickly. We want to express our condolences to the family of Ms Reyas. If you or your family have been a victim of an accident, please contact an accident attorney immediately to protect your rights. The sooner an accident attorney can commence investigation of an accident, the more likely that they can successfully advocate your rights.

SUV's turn deadly for Los Angeles-area motorcyclists

mmazal@allenflatt.com (blog Author)26299 — Sat, 06 Feb 2010 08:00:00 EST

A Lakewood man died from his injuries ten days after his motorcycle was struck by an SUV. This is the second accident to occur between a motorcycle and an SUV that caused death. Motorcycles are particularly susceptable to accidents with trucks and SUV'S because the view of the driver is sometimes obstructed. Additionally, many owners of SUv vehicles are not familiar with driving a larger truck, having only driven cars before. SUV collisions account for a significant number of accidents in Orange County.

A motorcyclist that has been involved in an accident has several important rights, including the right to seek quality medical care, even if they do not have medical insurance. Motorcycle rider rights may not be limited simply because the rider was not wearing a helmet. Evaluation of motorcycle cases, and the worth of personal injury is the same as in a car accident.

If you have been involved in an accident on your motorcycle, call for free advice about your rights and how to protect yourself after the collision. Call 1 866 981-5596, the call is always free.

Cell phone studies miss the mark.

blog@www.thecaliforniainjurylawyer.com (news Author)12634 — Thu, 04 Feb 2010 08:00:00 EST

In a new study conducted by the Highway Loss Data Institute, a branch of the Insurance Institute, they conducted a review of accidents caused by cell phone use before and after the California ban on such use without a hands-free device. In the study, they found no appreciable change in the accident rate caused by cell phone use.

Unfortunately, the conclusion that they are now proposing, completely misses the mark. Adrian Lunn, president of the Insurance Institute of Highway Safety and its affiliate, the Data Institute, was quoted in the Los Angeles Times Saturday, January 30th, 2010. In his quote, he stated “We've all assumed because we could measure it pretty well that maybe cell phone use was a bigger distracter than other things, and I think this data shows us that no, it's not.”

Mr. Lunn misses the point completely. Cell phone use causes approximately 7%, or 7 out of every 100 accidents. The passage of a ban on cell phone use does not take away the use of the cell phone from those that are addicted to it.

We learned from drunk driving laws that it takes years for users to change their habits. The stiffer the penalty, the more change likely to occur. Passing a ban on cell phone use without a hands-free device alone is not a sufficient incentive for a lot of drivers to remove the distraction.

There is no question that cell phone use during the operation of a vehicle is dangerous and causes great tragedy, as I've written about in past articles. In one such case, the killing of a cyclist was senseless and needless because of a person using a cell phone. Instead, the law is now in place to prosecute these individuals. And as prosecution moves forward, more and more people will realize that it just simply isn't "worth it" to use your cell phone without hands-free devices.

Additionally, what the study did not compare was cell phone use compared to data transmission use. How many of the 7 accidents out of 100 were related to texting and use of Google while a person was driving? Distracted drivers create a great deal of harm for those around them. And eventually, a great deal of harm for themselves as they are prosecuted. They may even be civilly liable to the person or their family for the serious injury or death that they caused.

Restriction on cell phone use is a positive step toward making our highways safer for our families. If you need an Orange County attorney, call us at 1 866 981-5596 or contact us through our web site.

3 Orange County california pedestrian accidents give cause for concern.

jballidis@allenflatt.com (blog Author)26159 — Thu, 04 Feb 2010 08:00:00 EST

Orange County experienced three pedestrian deaths in less than a 24 hour period last week. All incidences were unrelated, but two of the three accidents happened on Pacific Coast Highway within 3 miles of each other. The third accident occurred in the city or Orange.

PCH is a long coastal highway that has been the scene of several pedestrian accidents in the past few years due to its scenic nature and varying speed limits. In some sections there are pedestrian walkways and bicycle paths and other areas the cars barely have enough maneuvering room.

In all three of these terrible accidents, the pedestrians were crossing the street. In one case in Seal Beach, the man was crossing against a red light. The other two cases the police are unclear whether the victims were in a crosswalk.

Last year over 642 pedestrians were killed in California crashes alone and 4,378 nationwide. Approximately 20% of California auto accidents involve a pedestrian and California leads the nation in pedestrian traffic fatalities. In most of these accidents, the victims were crossing the street.

If struck by an automobile, a pedestrian has a 45% chance of dying when the automobile speed is just 30 mph and a 85% chance of death with an increase of 10 mph, just 40 mph. Whenever there is an encounter between an automobile and person, there is a high risk for a serious injury. Often pedestrians experience traumatic brain and spinal cord injury, fractured bones and possible permanent injuries due to the fact that usually the accident involves the full brunt force of the automobile.

Although there are numerous factors that can contribute to pedestrian accidents, one of the biggest factors is speed. Additionally, add the fact that most of these accidents occur in the evenings between 5pm and midnight, obviously with limited visibility, it is literally an accident waiting to happen.

Improving design of roadways, improving community and educational programs all can aid in preventing pedestrian collisions. New roadway engineering changes can have the greatest impact of separating vehicle and people. Some effective separation measures are: improved signal timing and more illumination at sidewalks, creating under and overpasses at busy roadways and installing refuge islands in the meridians of busy two way streets.

Although driver are required by law to yield for any pedestrian in a marked or unmarked crosswalk, there are several things pedestrians can do to make their walking experience safer.

·    Try to always walk on a sidewalk. However if you must walk in the street, walk facing traffic.
·    Cross only at designated crosswalks whenever possible. Look left, right, and left again before crossing the road.
·    If you know you will be walking at night, increase your visibility by wearing reflective or light clothing that is more easily visible to drivers.
·    Be especially careful at intersections where a driver is turning right and may not see pedestrians.

Over 10,000 die in rollover accidents. The real dangers of SUV, Minivans and trucks.

jballidis@allenflatt.com (blog Author)26160 — Thu, 04 Feb 2010 08:00:00 EST

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/

UCI students hit while riding their bicycles to school

jballidis@allenflatt.com (blog Author)26183 — Thu, 04 Feb 2010 08:00:00 EST

Many students attending University of California at Irvine cycle to the school campus. Irvine is a progressive city, with bike lanes specifically designed for bicyclist. However, in close proximity to the university is also a metropolitan work area, an airport, and recently added housing.

Additionally, the road way surfaces are neat, clean, and wide, but they also foster high speed travel designed to keep traffic at a minimum.
The combination of these two factors provides the opportunity for accidents between cyclists and motorists.

While most students now recognize the need to defense while riding their bicycle, take these following additional precautions.

1. Wear a reflective jacket or shirt. A driver is more likely to notice you if you are wearing something that is bright in color.

2. Wear a helmet. It's absolutely necessary in the event that you're involved in an accident. A helmet will save your life, but more importantly, it will save you from a life of serious brain injury and disability, which can be worse than death.

3. Make sure that you abide by the laws for riding your cycle, using bike lanes whenever possible, and avoiding streets where cars are parked along the roadway surface.

4. Make sure you take the time to appropriately signal with your hand your intent to move out of the bicycle lane, around traffic, or turn left. Auto drivers are approaching quickly. They need to be able to anticipate and understand what you are doing before they arrive upon you.

5. If you're involved in an accident, make sure you get the information of the auto driver, even if you think the accident might be your fault, or you think you might not be hurt. Sometimes our office gets calls from people who have been involved in an accident, but did not think they were hurt. They got up after the accident, declared they were okay, then went on their way without exchanging information, only to find out later that they had more significant injury.

Cycling is a terrific way to get to and from school and work. Until our society formulates safer traffic patterns, be cautious and be safe. Call us if you need legal help. Your call is always free. Call 1 866 981-5596 or contact us through our web site.

Doctor gets away with murder by paying $250,000.

jballidis@allenflatt.com (blog Author)26190 — Thu, 04 Feb 2010 08:00:00 EST

I continue to write about medical malpractice limitations on damages because of such tragedy that has unfolded as in the example I write about today. A young woman had fallen unexplainably, and had a small cut on her forehead. Because she had fallen without explanation, she went to the emergency room. At the emergency room, she was asked to give a urine sample. Then on her way to the bathroom she fell again. This time, nurses thought she was having a seizure and and did nothing as she laid on the floor for more than a minute. Finally, when a nurse realized that she actually was not breathing, CPR was started and she was moved into an emergency room unit to address her condition.

During the ensuing hour, she was revived through the use of a defibrillator and vasorestrictors. Unfortunately, the defibrillator was not used properly and she developed severe blisters and burns on her feet and legs. Instead of moving her to another hospital able to care for her burns and serious injury rom the defibrillator, the doctor, wanting to keep the case for his billing I imagine, kept her at this inferior hospital. As she was treated over the next three weeks, she contracted MARSA from unclean room conditions, a destructive infectious bug that cannot be easily controlled (the room was torn out later in care and mould was found behind the walls and in the flooring).

Despite demands of her family that she be moved to a facility that could protect and treat her, that had a barometric chamber to keep her in a clean environment and help her heal from a simple E/R visit, the doctor adamantly refused, continuing to treat her ineffectively. She eventually had to have both legs amputated below the knee, and then subsequently above the knee. Finally, after t was apparent to everyone that her condition could not be treated at this facility, she was transferred to another hospital, but died within 24 hours. The other hospital admitting physician said he had never seen a transfer in such bad condition and reported to the state health agencies. An invetigation is pending, but will find fault.

Because she was 20 years old and died as a result of this incident, the damages that she is able to collect for the loss of her life is limited to $250,000. MICRA, or the limitation on damages act for doctors should be revoked or repealed. Yet in a speech by our Governor, he suggests we adopt this policy on all cases of injury. What a shame, corporations run the world and your life and with impunity. More economic loss for such callous behavior would make doctors toe the same line you and I must do when diriving a car. This, doctors would be of a higher standard when they're caring for us and our family if it was something that could financially hurt high paid doctors.

Doctor gets away with murder by paying $250,000.

jballidis@allenflatt.com (blog Author)26191 — Thu, 04 Feb 2010 08:00:00 EST

Walmart again has to recall children's toys.

blog@www.thecaliforniainjurylawyer.com (news Author)12614 — Wed, 03 Feb 2010 08:00:00 EST

In another embarrassing recall, Wal-Mart is taking off the shelf Princess and the Frog pendants, sold in their stores, because of a high level of Cadmium in the product. The recall affects some 55,000 items and sell for $5 each.

The recall of toys that have dangerous levels of metal in them has been a frequent problem for Wal-Mart. It is hoped that the retailer will send a stern letter to suppliers advising them of its zero tolerance for heavy metals in their products, or hopefully the consumer learns that Wal-Mart is not providing the best priced toys, but the best priced toys that may be dangerous to your children.

Call us if you have a personal injury claim. The telephone call is alwauys free. Call 1 866 981 5596.

San Bernardino County girl on life support after pit bull attack

blog@www.thecaliforniainjurylawyer.com (news Author)12690 — Tue, 02 Feb 2010 08:00:00 EST

A five year old girl from Fontana, California was put on life support after she, three of her siblings and her mother were attacked by a pack of escaped pit bulls.

The dogs escaped from their fenced yard and confronted the family as they walked to a nearby park. The February 1st attack left Destiny Colon with broken ribs, a punctured lung and bite wounds. She is on a ventilator at Loma Linda University Children’s Hospital. She has undergone several surgeries for her injuries and is under heavy sedation for her pain. She remains unconscious. Doctors are hopeful, but it is too soon to offer a prognosis.

Two other children, Hector Perez, 6, and Princess Colon, 7, suffered bite wounds on their legs and were treated at Arrowhead Regional Medical Center in Colton. Hector required 235 stitches to close his wounds. Princess required 18. The mother, Josie Arellano, grabbed the three year old child when she saw the dogs; neither she nor the toddler was injured.

The family was helped by neighbors, but the dogs would not let go of Destiny. When police arrived, one dog charged at them and was shot. The surviving animals have been quarantined.

Police are investigating whether they can apply a state penal code that treats liability for injury by a trained attack dog as a felony. In this case, the property owner can be considered negligent as the dogs were able to escape.

Costa Mesa accident causes serious injury -- and another accident

blog@www.thecaliforniainjurylawyer.com (news Author)12583 — Mon, 01 Feb 2010 08:00:00 EST

A driver suffered serious injuries after losing control of his vehicle. Two hours later, a tow truck responding to the was struck by a mini cooper while removing the earlier car collision. Unfortunately, car accidents are an everyday occurrence in Southern California. Car insurance companies can be very uncooperative in getting full compensation to the victims of accidents. But, a lawyer can help. Contact Allen, Flatt, Ballidis and Leslie at 866-981-5596 to learn more.

Three pedestrian and one bicyclist killed in unrelated OC accidents

blog@www.thecaliforniainjurylawyer.com (news Author)12585 — Mon, 01 Feb 2010 08:00:00 EST

January 28th and 29th were deadly days for Orange County pedestrians. Within 24 hours, three pedestrians were killed and one bicyclist was injured on Orange County roads. The incidents are unrelated.

The first incident occurred around 8pm on January 28th near the 2600 block of Orangethorpe Avenue in Fullerton. Forty-nine-year-old Beverly Frantz died after being hit by two cars while she was crossing the street.

Around 9 pm, paramedics responded to a second accident in Huntington Beach. An unidentified woman was crossing Pacific Coast Highway near 9th Street when she was struck by a vehicle going south at about 45 mph.

Another incident occurred on Pacific Coast Highway at Seal Beach early in the morning on the 29th. An 80-year-old man believed to be a transient was crossing the street on a red light when he was hit by a car near Bolsa Avenue. The man was killed and the driver was questioned and released.

Finally, an 11-year-old bicyclist was hit just after 5 pm. The boy was struck on Cypress Street near Old Towne in Orange. He was seriously injured and is in critical condition at a local hospital. The accident is under investigation.

The California Highway Patrol says that pedestrian accidents make up almost one-fifth of traffic –related deaths. In 2008, there were 642 pedestrians killed in California.

Car strikes and kills cyclist wearing a helmet. why?

blog@www.thecaliforniainjurylawyer.com (news Author)12477 — Fri, 29 Jan 2010 08:00:00 EST

On 1/27/2010 at approximately 2:30 PM, a Toyota Camry, westbound on Kimball, collided with a bicycle ridden by Roy Carl Hall Mr. Hall lived in Ontario. The 59 year old was transported to a Regional Medical Center but unfortunately did not survive the accident.

Police in Chino are investigating the accident. It is unclear exactly how the collision occurred. Despite wearing a helmet, Me Hall still died of his injuries.

Cycling in Southern California can be dangerous. Frequently, cars strike cyclists and the driver never saw the cyclist. It is a phenomenon that repeats itself with motorcyclists as well.

We want to extend our sympathy to the Hall family who must endure this difficult time. We hope that the investigation leads to answers. So frequently, the family becomes victim to the lack of information about the accident. Mr. Hall is unable to speak for himself, so it is hoped that witnesses to the collision come forward. If you have any information about this accident, please call the Chino police Department.

Toyota Recall expands as floor mats are not the real issue.

blog@www.thecaliforniainjurylawyer.com (news Author)12298 — Thu, 21 Jan 2010 08:00:00 EST

Toyota has finally done it, they admitted they have an accelerator problem and are recalling cars to fix it.
Toyota has been linked to several high profile claims of lying and hiding evidence, deaths and acceleration problems.

They steadfastly denied it was a mechanical problem over the years instead suggesting driver error and later pedals stuck under the floor mat. Well finally they have agreed to recall because the problem is real and needs to be addressed. Toyota said Thursday it is recalling 2.3 million vehicles in the U.S. to fix accelerator.
The recall affects the RAV4, the Corolla, the Matrix, the Avalon, the Camry, the 2010 Tundra and the Sequoia. To see if your year car is being recalled, check the Toyota web sites.

Toyota has agreed that this recall is related to a gas pedal issue and not stuck accelerator under a floor mat. Toyota has not elaborated on the exact cause or solution, but the recall should solve a long standing danger to all motorists in the US subjected to these acceleration problems.

Costa Mesa Pedestrians are at risk of serious injury or death

jballidis@allenflatt.com (blog Author)25421 — Thu, 21 Jan 2010 08:00:00 EST

Costa Mesa is a dangerous place for pedestrians according to recent studies.

Laura Monteleone, 34, was hit by a 2005 Chevrolet Silverado driven by Sergio Delgado, in either 2009 or 2007, depending upon the report submitted on line by the police or blog and newspaper reports. Additional deaths and injury have been reported since 2000.

Pedestrian collisions and accidents cause serious injuries or death. Costa Mesa was listed as the 202nd highest death rate for pedestrians in 1998 to 2000. Newer statistics are to be released shortly. Costa Mesa is not a highly pedestrian city like New York, Seattle and other large metropolitan areas that rely on public transportation. Costa Mesa is also a small city in comparison, yet, statistically the deaths alone, not counting serious injury exceed 7.66% per 100,000 residents involved in a collision.

According to the California Highway Patrol in a 2006 traffic accident statistics report, there were 47 pedestrian accidents causing injuries in Costa Mesa. These statistics do not tell the whole story. Of course these victims need an experienced Orange County auto accident attorney, but more needs to be done to prevent tragedy as experienced by Laura Monteleone and others.

Don’t think that Laura and others are protected by the insurance of the driver causing their injuries. So many drivers are uninsured, and or carry inadequate insurance, that recovery is difficult. It is important to require the city do everything possible to study and prevent pedestrian accidents where possible. Statistics of high risk locations should be collected to address possible solutions. If it does not, it will likely cause lawsuits in the future.

Protecting our community, while allowing automobiles to operate around us, is a mandate held exclusively by the City. We hope they will take their responsibility seriously.

Tylenol, Rolaids, Motrin and St. Joseph's Aspirin recalled

blog@www.thecaliforniainjurylawyer.com (news Author)12228 — Sat, 16 Jan 2010 08:00:00 EST

McNeil Healthcare, the makers of Tylenol, announced a recall today that covers over 60 million bottles of more than two dozen different medications, including the brands Tylenol, Motrin, St. Joseph’s and Rolaids. For a complete list, click here.

To determine if you have a drug that has been recalled, go to the McNeil Healthcare website and scroll down until you see a picture of your medication. Check the NDC code number, the UPC number, and the lot number. These numbers are on both the external packaging and on the bottle itself.

Tylenol first recalled only the Tylenol Arthritis Relief Caplets the end of December 2009 in response to consumer complaints of stomach problems. The complaints were determined to be caused by contamination with a chemical called 2,4,6 tribromoanisole (TBA). The TBA came from the breakdown of a chemical in the wooden pallets used to transport and store the packing material at the McNeil manufacturing facility.

The contamination gives the medication a musty smell. The FDA says McNeil first received reports of the musty smell in 2008, and that testing at that time showed the presence in TBA. However, a report was not filed with the FDA until a year later. The FDA chastised McNeil for the delay.

If you experience medical problems from these drugs, see a doctor.

Big rig crushes car, photos show cabin invaded and woman trapped.

blog@www.thecaliforniainjurylawyer.com (news Author)12199 — Wed, 13 Jan 2010 08:00:00 EST

Anaheim California
I big rig truck located on the southbound I-5 freeway trapped a woman in her Toyota Celica after a collision. The collision occurred south of Magnolia Avenue. There is no report of how the accident occurred, and the CHP is still investigating. Truck accidents can severely injure occupants and the injuries usually cause the need for emergency care. If you have been the victim of a large truck striking you on a Southern California freeway, call us to help at 1 866 981-5596. We handle truck accidents for California residents.

Drugs and auto driving are an increasing danger.

jballidis@allenflatt.com (blog Author)24999 — Wed, 13 Jan 2010 08:00:00 EST

Recently the National Center for Injury and Prevention Control proclaimed that December will be “National Drugged Driving Month” because of the increase of motor vehicle accidents involving drug use.
According to a recent survey by the National Highway and Safety Administration (NHTSA), an estimated 10 million drivers admitted to driving under the influence of drugs last year. The highest rate is among young adults aged 18-25 years. As a consequence, drugs account for 19% of driver fatalities nationwide.
Drugs have a similar effect on the brain as alcohol. Depending on the drug, it can impair ones motor skills, reaction time and judgment. It’s a growing health concern today in America due to the increase of both illegal and prescription drug use.
Although drugged driving is as serious as alcohol-impaired driving, the drug driving laws have lagged behind most alcohol legislation. More research is needed to determine which drugs and certain levels cause impairment among the general population. As with alcohol, drugs affect people differently and many cases, drugs and alcohol are mixed.
In a recent trial here in Orange County, a young man , Jeffrey Woods, 22, was convicted of manslaughter for being the under the influence of two prescription drugs; Xanax and Vicodin, when he hit and killed a young boy on his bicycle. In addition, he was found guilty of felony vehicular manslaughter with gross negligence while being intoxicated. Woods faces a maximum sentence of 10 years in state prison.
The accident occurred on August 29, 2008 when a 14 year old boy, Danny Oates was riding his bike to his middle school to pick up his class schedule. While he was riding down Indianapolis Avenue in Huntington Beach, Woods swerved his truck across all traffic lanes at 60 mph and hit Oates. The impact threw the boy over 100 feet. Although emergency crews were on the scene immediately, he died soon after he went to the emergency room from major trauma. There were no skid marks at the scene which is consistent with testimony that he did not even see the boy.
The combination of Xanax and Vicodin can produce psychomotor impairment and Woods should obviously not have been driving that day. In addition to his drug use he was texting before the crash—a lethal combination.
Over half of Americans use prescription drugs on a regular basis. This number is astounding when you think that even more take over-the-counter drugs as well. Last year over 224,000 died from medical error involving drug use.
When taking a prescription or OTC drug, know the facts:
·    Speak with your doctor or pharmacist about any questions you may have
·    Read the labels carefully
·    Use good medical websites such as www.rxlist.com for a full list of side effects, drug interactions with other medicines and other precautions.
·    Never mix prescription drugs with alcohol; it will either intensive the effect or can counteract the effect altogether.

Safe driving means reporting those you love that are jeopardizing us on the road. Keep drugs off our streets, literally.

ER doctor sentenced to 5 years for causing bicycle accident

blog@www.thecaliforniainjurylawyer.com (news Author)12202 — Fri, 08 Jan 2010 08:00:00 EST

Christopher Thompson, the former emergency room doctor that was convicted in the road rage incident that caused injury to two bicyclists, was sentenced last Friday to five years in state prison.

Thompson has been jailed since he was convicted in November on charges of assault with a deadly weapon, battery with serious bodily injury, reckless driving and mayhem.

The bike accident occurred on July 4, 2008. The riders were riding on Mandeville Canyon Road in Brentwood when Thompson deliberately hit the brakes on his Infiniti sedan causing the bicyclists to hit the back of his car. One rider crashed through the windshield. He broke his front teeth and his nose was nearly severed. He required significant plastic surgery. The second cyclist crashed to the pavement separating his shoulder.

Doctor Thompson wept and apologized to the injured bicyclists, “The physical and mental scars are my fault.”

Although the driver was sentenced in criminal court, the bicyclists may still seek damages in civil court. Since the accident was caused by the reckless acts of another person, the bicyclists are eligible for compensation for their medical care, lost wages and pain and suffering. Contact the Los Angeles bicycle accident attorneys at Allen, Flatt, Ballidis and Leslie to learn more.

LA police crack down to prevent pedestrian accidents

blog@www.thecaliforniainjurylawyer.com (news Author)12204 — Fri, 08 Jan 2010 08:00:00 EST

In an attempt to prevent future pedestrian accidents, police officers in Los Angeles are now cracking down on both speeding drivers and jaywalkers in South Los Angeles. This effort comes after the recent death of a jay-walking pedestrian in a hit-and-run accident. Two USC students were struck by cars in the same area last March.

The police set up an enforcement operation between Figueroa Street and Crenshaw Boulevard. They spent four hours today looking for jaywalkers as well as motorists who failed to yield to pedestrians. Police are still seeking the driver who hit 62-year-old Annette Marie Carter on January 3rd.

Ms. Carter was fatally struck while crossing the street at West Adams Boulevard and Normandie Avenue. Carter, who was not crossing at a crosswalk, was pronounced dead after being taken to a downtown hospital. The driver left the scene of the accident.

The dark-colored car that struck Carter was a Toyota Corolla or car with similar features. Police are still searching for the driver. The driver will face felony hit and run charges. Had he stopped, charges would be unlikely since Carter was jaywalking.

Last year, 18-year-old Adrianna Bachan was killed in a pedestrian traffic accident only half a mile from the scene of Sunday’s accident. Another student, 19-year-old Marcus Garfinkle, was seriously injured by the same driver.

New Year's DUI's up 30 percent this year

blog@www.thecaliforniainjurylawyer.com (blog Author)24659 — Thu, 07 Jan 2010 08:00:00 EST

I just posted an article about San Diego’s first very tragic alcohol-related traffic death of 2010.

Over the New Year’s holiday, at least 20 Californians died in traffic accidents. This is an increase from 16 deaths last year. Not all these fatalities were alcohol-related; however, New Year’s drunken driving arrests in California were up 30% over last year.

CHP officers made 898 arrests on the suspicion of driving under the influence between 6pm New Year’s Eve and 6 am on January 2, 2010. This is up from 688 arrests made during the same 36-hour period in 2008-2009.

Officials want to remind those that plan on drinking to designate a non-drinking driver for the ride home. This not only ensures that you get home safely, but protects others on the road.

Each year, over 15,000 American lose their lives to crashes involving drivers under the influence. Most of these accidents could have been prevented with a designated driver.

A DUI-related death is a wrongful death. Families of victims may file a wrongful death lawsuit and receive compensation for their losses. While a wrongful death lawsuit cannot replace a lost loved one, it can ease the economic burden caused by the loss.

To learn more contact the Orange County wrongful death attorneys at Allen, Flatt, Ballidis and Leslie.

Motorcycle accidents frequently involve firery aftermath.

blog@www.thecaliforniainjurylawyer.com (news Author)12093 — Wed, 06 Jan 2010 08:00:00 EST

On Saturday, January 2, 2009 an officer of the Buena Park police department was involved in a collision while on his motorcycle. A Nissan Sentra turned left in front of him at the intersection of Knott and San Bruno Drive. The motorcycle struck the car and burst into flames causing injury to the officer.
Fire caused by motorcycle impacts is common and severe injury and burns can occur. Fortunately this officer is reported to be injured far less than expected given the impact and furnace like blast that followed.

San Diego driver charged in DUI death of pregnant woman

blog@www.thecaliforniainjurylawyer.com (news Author)12102 — Wed, 06 Jan 2010 08:00:00 EST

A 21-year-old pregnant woman died early on New Year’s Day in the first DUI car crash of 2010.

Lemon Grove resident, Elaina Luquis-Ortiz was waiting with friends for roadside assistance with a flat tire. They were on the shoulder of northbound Interstate 805 near the Home Avenue east of downtown San Diego.

Luquis-Ortiz had gone to help two friends who had recently purchased the vehicle from Ms. Luquis-Ortiz. The car, a Mitsubishi Spider, was still in her name. She was needed at the scene in order to call for roadside assistance.

While the women were waiting for help to arrive, they sat in Luquis-Ortiz’s Mazda RX7. The Mazda was struck by a 2006 Chevy Tahoe driven by 40-year-old Joseph Venegas of San Diego.

Luquis-Ortiz was six months pregnant. She died at the scene. The fetus did not survive. Her friends were transported to the Scripps Mercy Hospital with minor injuries.

Venegas was arrested on suspicion of felony drunk driving. He was charged with gross vehicular manslaughter and DUI causing injury. His arraignment is postponed until Friday because Venegas is still in medical isolation.

Luquiz-Ortiz’s husband is a Marine who just returned from Afghanistan. The San Diego accident attorneys at Allen, Flatt, Ballidis and Leslie would like to offer out condolences for his loss.

Teen killed in suspected DUI accident

blog@www.thecaliforniainjurylawyer.com (news Author)12101 — Tue, 05 Jan 2010 08:00:00 EST

An 18-year-old woman died in the hospital following a crash caused by a suspected drunk driver.

The multi-vehicle accident occurred around 2am on Sunday, January 3. Anaheim resident Corbin White was a passenger in a 2006 Toyota Scion. The vehicle was stopped at a red light the intersection of Main Street and MacArthur Boulevard in Santa Ana when a 2006 BMW sedan crashed into it. The impact shoved the Scion into the intersection where it hit a Chevrolet Malibu that was making a left turn from westbound MacArthur to southbound Main Street.

The BMW also spun from the impact and hit a Toyota Corolla that was behind the Malibu.

The BMW sedan was driven by 36-year-old Robert Charles Serrano of Chino Hills. Serrano had left a bar shortly before the accident. After the wreck, Serrano left his vehicle and fled from the scene of the accident. He was later arrested and has been charged with one felony count of gross vehicular manslaughter and one felony count of fleeing the scene of an accident.

In 2005, Serrano pleaded guilty to driving under the influence. He has also been cited for numerous traffic violations.

White was taken to Western Medical Center of Santa Ana where she died from her injuries. The driver of the Scion was also taken to the hospital for treatment. The other drivers were uninjured.

The car accident attorneys at Allen, Flatt, Ballidis and Leslie would like to offer our sincere condolences to the victim’s family.

2010 brings new California driving laws

mmazal@allenflatt.com (blog Author)24507 — Tue, 05 Jan 2010 08:00:00 EST

Happy New Year!

California drivers may not be aware that a new year often means new driving laws. This year, several new laws will affect Orange County and Los Angeles area motorists.

The car accident attorneys at Allen, Flatt, Ballidis and Leslie present this quick summary to help you stay safe on the road in 2010.

• The cost of new and renewed driver’s licenses has increased from $28 to $31.

• Front-seat video screens are now permitted in vehicles. However, in order to prevent distracted driving, they must be arranged in a way that prevents the driver from viewing the screen.

• Drivers approaching a non-moving emergency vehicle or tow truck with either a siren or flashing emergency lights can, if it is safe to do so, move into an available lane that is not adjacent to the emergency vehicle. If not, the driver must slow down to prevent injury to emergency workers.

On July 1st, the following laws will go into effect.

• Convicted DUI offenders in Los Angeles, Alameda, Sacramento and Tulare counties will be required to install ignition interlock devices in every vehicle they own or operate as a condition to having their driver’s license reinstated, issued or reissued.

• The DMV will be required to advise second and third time misdemeanor DUI offenders that they may receive a restricted driver’s license after their license suspension is served only if they enroll in a DUI program and install an ignition interlock device.

62 year old has heart attack and crashed car causing his death.

blog@www.thecaliforniainjurylawyer.com (news Author)12062 — Mon, 04 Jan 2010 08:00:00 EST

This weekend, a 62 year old driver unfortunately had a heart attack while driving on Westbound Chapman in Orange California. He lost control of his vehicle and struck a pole causing his death. We want to offer our condolences to the family, who we shall not name for privacy purposes.

Occasionally we are contacted by a perspective client that is the victim of such an accident. The other driver suffered a heart attack or stroke and lost control of their car causing a collision with our client. You might think that liability is clear against the heart attack driver since he caused the accident, but not necessarily so. Other factors must be examined before you can claim negligence.

In California, negligence arises when a driver does something that an ordinary prudent person would not do. As an example, if a driver runs a red light, someone would not ordinarily do that activity and since the driver was obviously not paying attention, liability is assessed.

In a case like this, we have to examine the events leading up to the accident. Had this driver been warned not to driver? Had his doctor told him that he was probably a danger on the road. Did this driver have reason to believe he was unsafe. If so, then liability would be found because the driver did not listen to the advice, as you and I would have. However, if this was the first time a person experienced a heart attack and nothing could be done to prevent the collision, liability will likely not be found.

These types of cases require an experienced Laguna Niguel lawyer on your side to investigate all the facts supporting the accident. Call us for a free consultation at 1 866-981-5596.

Hit and run driver does not escape police.

blog@www.thecaliforniainjurylawyer.com (news Author)12063 — Mon, 04 Jan 2010 08:00:00 EST

On Sunday January 3, 2009 at 2:00 am a BMW driver rearended another car at a stop light seriously injuring the occupant. The rear end collision caused the Scion to be pushed into the intersection where it was struck by other cars. The collision occurred near the Orange County ariport shutting down traffic for 12 hours in Newport Beach, California. The BMW driver fled the scene on foot, but was later apprehended at the home of a friend and remains in custody.

It seems that drunk drivers are fleeing accidents more often because of the penalties assessed against them when they are drunk and cause an accident. Police refused to speculate if this driver fled because he was driving under the influence, but did confirm that he had recently left a bar that evening.

The 18 year old passenger in the Scion, was seriously injured and was transported to a hospital. We hope she makes a full recovery.

If you have been the victim of an auto accident in Orange County California, please call us for help. We can make sure your rights are enforced, you recover for you damages and all your needs are met. Call 1-866-981-5596. Your consultation and call are always free and we do not charge any fee to help getting you paid for repair or replacement of your car.

Metrolink updating safety of travel cars in the event of an accident.

jballidis@allenflatt.com (blog Author)24447 — Mon, 04 Jan 2010 08:00:00 EST

Southern California’s Metrolink commuter train system will be getting much needed new crash-resistant cars delivered next month. Although they will not go into service until summer 2010, Metrolink is finally providing a safer commute for its 43,000 weekly riders.

The organization has purchased 117 of these state-of-the-art cars at an estimated cost of $229 million. They will go into field testing immediately at Metrolink’s Eastern Maintenance Facility in Colton. This new technology is similar to the “crush zones” that are primarily used in automobiles. It absorbs the impact of the crash, allowing for fewer injuries and deaths.

Moreover, this technology has been used internationally for the past ten years with good results. The specific function of the train cars will be to absorb the major damage at both ends of the train, not at the expense of the passengers. Additionally breakaway interior tables will help as well.

Two horrific Metrolink accidents; one in Glendale the other in Chatsworth has claimed the lives of 36 passengers and injured hundreds more. Of course safer cars would have saved lives, but in both of these crashes, human error was to blame.

In the Chatsworth crash, the engineer ran a red light and there was evidence of texting according to cell phone records. In the Glendale crash, a man was trying to commit suicide and left his car on the tracks.

Earlier this month an emergency was declared on a Metrolink train that had ran a red light and came within a couple hundred feet of an oncoming train. This is the fourth red light violation since the Chatsworth crash in September of 2008. The federal regulators at the Federal Railroad Administration are looking into the multiple violations and are contemplating severe disciplinary actions against the engineer for such a basic safety rule violation. No mechanical problems were found after a huge traffic delay.

After the Chatsworth crash, several safety features were added to the train cars. Specifically cameras in the cab and extra engineers on busy routes. Officials will be reviewing the tapes of this most recent violation thoroughly. Unfortunately this train did not have an extra engineer on hand. The driver has been put on leave pending further investigation.

Currently Metrolink has a federal waiver that allows it to not install simple safety signs, such as reminders to proceed slowly, watch for signal lights status and other warnings. Metrolink officials insist that their current signage is safe, but with local commuter trains sharing the tracks with freight and Amtrak trains, you can never be too cautious.

In 2012 Metrolink intends to install a computerized “positive train control” system. This will enable the train cars to automatically stop if there is an impending collision. For a full list of Metrolink’s safety guidelines, visit their website at www.metrolinktrains.com/safety.

Holiday season safety tips.

jballidis@allenflatt.com (blog Author)24054 — Mon, 28 Dec 2009 08:00:00 EST

The holidays are a festive and magical time of the year with over 76% of U.S. homeowners decorating their homes. However, you need to know that every year the hospital ER treats around 12,500 people for injuries, such as falls, cuts, and shocks. The injuries are related to holiday lights, decorations and Christmas trees.
Last week a menorah was placed too close to a picture frame in one Los Angeles’ women’s apartment and she almost lost everything. With the help of a neighbor, she was able to escape and later treated for smoke inhalation. She was very fortunate.
Candles start about 12,000 fires per year, mostly around the holidays, causing 150 deaths, 1,200 injuries and $173 million in property loss. In addition to candles, several holiday electrical products are being recalled. These are additional causes for injuries and deaths during the holiday season.
The popular tree topper ornament, “Precious Moments” is being recalled due to unsafe, undersized wiring. A switch assembly can overheat and melt, causing a major fire hazard. The ornament is about 10 inches tall, colored either in white, gold or yellow. If you have purchased this item, return it to the store for a full refund.
This year the Electrical Safety Foundation, International, ESFI, along with Home Depot are warning consumers of the increase of fake and counterfeit electrical products. Some tips to be sure you have a safe holiday season are: always check for the hologram label “UL” mark from Underwriter Laboratories. This mark certifies that the electrical device has been safety tested. Also, be sure to shop at well known retailers and look at the packaging.
Over 70% of Americans plan to use electrical lighting during the holidays; here are few safety tips from ESFI to ensure you have a safety holiday season:
·    Carefully inspect each electrical decoration. Cracked or frayed sockets, loose or bare wires can cause a serious shock or start a fire.
·    Always unplug electrical decorations before replacing bulbs or fuses.
·    Never nail or staple lights strings or extension cords.
·    Never use electrical lights on a metallic tree.
Lastly, dry trees are the second largest danger next to lights in the holiday season. A fresh tree can be beautiful but it can become a fire hazard if it dries out. Always remember to:
·    Cut off 1 to 2” off the bottom before placing it in a tree stand
·    Water daily
·    Make sure the tree is at least 3 feet away from any heat source; fireplaces, radiators, candles, heat vents, etc.
·    When the needles start falling off, it’s time to get rid of the tree.
For a complete holiday decorating safety guide, download a copy of the ESFI’s fact sheet at www.esfi.org/
Have a Happy Holiday Season from Allen, Flatt, Ballidis and Leslie!

Blinds cause massive recall due to small child strangulation potential

jballidis@allenflatt.com (blog Author)23832 — Tue, 22 Dec 2009 08:00:00 EST

The U.S. Consumer Product Safety Commission, www.cpsc.gov this week issued an immediate recall, along with the Window Covering Safety Council, of over 50 million Roman and Roll-Up Blinds due to strangulation risks. With 3 deaths and 16 near strangulations the time for immediate action was needed.
Strangulations with Roman shades can occur when a child places his/her neck between the exposed inner cord and the fabric on the backside of the blind or when a child pulls the cord out and wraps it around his/her neck. Strangulations in roll-up blinds can occur if the lifting loop slides off the side of the blind and a child’s neck becomes entangled on the free-standing loop or if a child places his/her neck between the lifting loop and the roll-up blind material.
Sadly, this week’s recall came too late for a little boy named Brandyn. Although he was a normal three year old toddler, he loved to sit by the window and watch the “big kids” go to school each day. One day while Brandyn’s older brother was babysitting, he left the room for a moment and when he returned, Brandyn had gotten tangled in the shade.
Unfortunately, the recall doesn’t include all of the blinds and shades that have injured and killed hundreds of children and toddlers since 2000. The national grass roots advocacy organization, Parents for Window Blind Safety, www.windowblindskillchildre.org/ is fighting for a total recall of unsafe blinds to keep children safe. There has been recall after recall in this industry and it is not the answer. Better solutions are needed before other children are seriously injured or killed.
The group has created a seal of approval that certifies and stamps the seal when they conclude that the product is safe. Together with the CPSC and other experts, the board from PWBS analyses each product. Many manufacturers have made improvements with their products but even if you bought your blinds after 2001, look for the seal of approval.
The group also recommends alternative window coverings such as Redi-Shades (cordless shades), shutters, vinyl roller shades, no-tie curtains, tiers and window film. All of these options provide a safer environment for your young child.
Visit www.windowcoverings.org/ for a free repair kit if you have purchased either one of these blinds at Wal-Mart, JCPenney, Pottery Barn, West Elm, Ace Hardware, Big Lots or Ross. Additionally, you can call (800)-506-4636.
In addition to your free repair kit at the WCSC, please review the following safety information provided:
·    Basic Cord Safety
·    How to Retrofit
·    Ordering free Retrofit Kit
·    Safety & Design Tips

Brandyn’s family has removed all blinds and shades from their home. Don’t let this happen to you and your family. Either retrofit your blinds or remove them!

Four-vehicle crash kills woman in wheelchair

blog@www.thecaliforniainjurylawyer.com (news Author)11761 — Fri, 18 Dec 2009 08:00:00 EST

A ride home turned fatal for 68-year-old woman in a wheelchair when the van that was transporting her became part of a four-vehicle car accident in Fountain Valley.

The accident occurred around 3:14 p.m. on Wednesday, December 16. Lucy Solares of Huntington Beach was riding home from physical therapy in the back of a van especially modified to transport patients in wheelchairs.

The van was headed south on Euclid when it collided with two vehicles that were coming off the northbound I-405 offramp and making a left onto northbound Euclid. The collisions caused the van to spin. The van tipped and fell on a fourth vehicle and then on its side as it continued sliding to the south side of the intersection.

Ms. Solares was strapped in the van, but she was pronounced dead at the scene. Three of the four drivers were taken to the hospital with moderate injuries.

Police are investigating the accident. It is unclear which driver was at fault. If it was the driver of the transport van, both the driver and the transport company may be liable for damages.

Investigators ask that anyone who saw the accident call the traffic bureau of the Fountain Valley Police department at 714-593-4481.

The Orange County accident lawyers at Allen, Flatt, Ballidis and Leslie offer out heartfelt condolences to the family of Ms. Solares.

Riverside California accident kills motorcyclist and was again caused by a drunk driver.

blog@www.thecaliforniainjurylawyer.com (news Author)11744 — Thu, 17 Dec 2009 08:00:00 EST

Once again, drunk driving has killed on our highways and streets. A motorcyclist was killed today in a head-on accident with a truck. He suffered head injuries and died from those injuries. His identity was released by CHP officers as Brian Spambati of Norco. Mr. Spambati was killed by Valentino Feliciano of Riverside.

When accidents cause death, there is no amount of damages that pays for the loss of life. What makes matters worse, Mr. Feliciano was arrested for DUI on several other occassions. The State of California must remove these people from the road, require their vehicles be equipped with alcohol sensors that prohibit the car from starting and prosecute violations more rigorously. If there has been a prior conviction for drunk driving, there is a high correleation to a later accident causing serious injury and or death.
It is hoped that he will be incarcerated for a long time. Our sympathies to the family and freinds of Mr. Spamboti for this tragic and unnecessary loss of life.

Ontario California trucker shot to death on freeway

blog@www.thecaliforniainjurylawyer.com (news Author)11718 — Wed, 16 Dec 2009 08:00:00 EST

Ontario California: A big rig truck went off the road and into a ditch last night at 11:30pm on the 10 freeway Milliken offramp. The driver of the truck crawled out of the truck and up an embankment. Then he collapsed until found dead from a gunshot wound by the CHP investigating the crash. Witnesses also reported seeing two other men crawl out of the truck and run into a nearby car dealership. Police conducted a earch of the area and at 6:30 am reportedly had two suspects in custody. There are no details of the identity of the truck driver or the alleged occupants.

Rain brings over 500 accidents to Los Angeles and Orange County California

blog@www.thecaliforniainjurylawyer.com (news Author)11691 — Mon, 14 Dec 2009 08:00:00 EST

Recent rains caused a significant uptick in accidents, over 500 in the last week alone. Can you avoid an accident? Here are some safety tips from other authors and from our other posts.

Avoid an accident caused by hydroplaning. Southern California roads are particularly "slippery when wet". Also you can bet that others are not going to be safe, so follow these safety tips.

Turn your lights on so oncoming traffic can see you and never use cruise control in hazardous weather conditions.
Bridges, overpasses and less travelled roads are always more dangerous and are a frequent cause of hydroplaning becasue of the change in surface. Keep your eyes open to danger ahead of you as this California injury lawyer notes.

Lastly, if you are faced with an accident, follow these guidelines for recording and protecting your accident information.

Driver killed when car hits a tree

blog@www.thecaliforniainjurylawyer.com (news Author)11762 — Mon, 14 Dec 2009 08:00:00 EST

An Irvine driver was killed after her vehicle hit a tree on the center divider of University Drive in Irvine. This is the second time this week that a driver died after hitting a tree in the center divider.

Nineteen-year-old Erin Joyce of Lake Forest was pronounced dead at the scene at 5:38 p.m. on Monday, December 14, 2009. The one-car accident took place on University Drive between Ridgeline and Michelson Drives. The accident totaled the Honda Accord, cutting it into two pieces.

The road was closed in both directions while police investigated the accident.

The cause of the accident has not yet been determined. Police are asking that any witnesses call Detective John Cherney at (949) 724-7024.

Only two days earlier, on the morning of Saturday, December 12, Michelle Rochwarger Vered of Irvine died after a collision with a tree on Trabuco and Keystone Drives. The driver, a 54-year-old Irvine business leader, was also pronounced dead at the scene. Ms. Vered was the founder of the Irvine-based company, Strategic Resources Alliance.

The Orange County law offices of Allen, Flatt, Ballidis and Leslie would like to offer our condolences to the victims' families.

When the rain comes, auto accidents are pictures of devastation.

jballidis@allenflatt.com (blog Author)23351 — Mon, 14 Dec 2009 08:00:00 EST

A series of storms last week brought rain, ice, sleet and snow to our state. In addition, the California Highway Patrol and paramedics were on high alert for triple the amount of crash calls during storms. On one day there were almost 500 motor vehicle accidents throughout Southern California and sadly, many had serious injuries.
One reason our accident rates are so high here in Orange & Los Angeles counties is due to the fact that we don’t get rain all year around like many other areas. Traditionally, our rainy season is at its heaviest January through March, but most other times of the year we get little to no rain. This leads to complacency and when the weather does arrive, drivers don’t change their driving habits. Some accidents can cause serious injury or even death.

Rain soaked streets can be slippery with the first rain comes due to oil and dirt build up during the dry months. Two of the most common dangers in rainy weather are skidding and hydroplaning. Prevention of these problems can be solved by slowing down, checking your tire tread and remember to leave appropriate distance between you and the other car.

Skidding and hydroplaning in the rain are what causes many accidents in the southland. You can prevent skids by driving slower, especially when you are on a curve. When you prepare to brake, don’t break hard which may cause your wheels to lock; maintain mild pressure on the pedal. However if you do find yourself in a skid, remain calm, ease your foot off the gas and carefully steer in the direction you want to go.

To avoid hydroplaning circumstances, keep your tires properly inflated, maintain good treads and slow down on roads that show water is present on the surface.

Try to drive in the tracks left by the car in front of you.
Before leaving on a trip, always consult the California Department of Transportation’s website, www.dot.ca.gov/   for current highway conditions. Nothing ruins a trip like a road closure, bad weather or closed roads.
Here are a series of tips for driving on icy/snowy roads:

·    Decrease your speed and leave yourself plenty of room to stop
·    Brake gently to avoid skidding
·    Turn your lights on so oncoming traffic can see you
·    Keep your lights and windshield clean
·    Never use cruise control in hazardous weather conditions
·    Be especially careful on bridges, overpasses and less travelled roads, they are more likely to freeze first and at temperatures above freezing.
·    Carry chains travelling through mountainous regions in the winter
·    Pack some extra blankets, water, food, shovel and flashlight. It’s always a good idea to be prepared.
·    Keep your cell phone charged in case you need to make an emergency call.
·    Keep your tank full in case you have to turn back or have lots of detours
·    For current road conditions, you call Caltrans at 800-427-7623 for real time updates.

Hit-and-run victim dies after being dragged for blocks

mmazal@allenflatt.com (blog Author)23259 — Fri, 11 Dec 2009 08:00:00 EST

A female pedestrian was killed after being hit by a vehicle and being dragged several city blocks in downtown Los Angeles.

The accident occurred around 2am on December 3, 2009 at the intersection of 7th Street and Ceres Avenue. After hitting the victim, the female driver dragged her approximately eleven blocks to the intersection of Fifth and Los Angeles Streets. Police had to pull the driver over to get her to stop.

The suspect has been identified as 43-year-old Nancy Lekon. The 26-year-old victim was Sonya Tauanuu. The accident resulted from a dispute between the driver and the victim. The disagreement escalated and the driver intentionally ran over the victim. The victim was caught in the driver’s wheels and dragged for almost a mile.

Police believe the suspect was under the influence of alcohol or drugs. She is currently in police custody for homicide.

The driver is facing criminal charges and, if convicted, the victim’s family may receive minimal restitution. However, by filing a wrongful death lawsuit in civil court, the victim’s family may be eligible for compensation for burial expenses, lost income, emotional distress and the victim’s pain and suffering. This won’t bring her back, but it does hold the driver accountable for her actions.

If a family member has been a victim of a hit-and-run driver, the Orange County accident attorneys at Allen, Flatt, Ballidis and Leslie can help your family obtain accountability. Call us at 866-385-1282 to schedule a free consultation.

Lexus crash investigation inconclusive

mmazal@allenflatt.com (blog Author)23218 — Thu, 10 Dec 2009 08:00:00 EST

The crash that killed the Saylor family of San Diego may or may not have been caused by the floor mats of the Lexus trapping the accelerator.

On August 28, Mark Saylor, an off-duty California Highway Patrol officer, was driving a loaner Lexus sedan while his own was being repaired. He was driving with his family in the Dan Diego suburb of Santee, when the accelerator stuck and the car began to speed up to 120 mph. The car raced through an intersection and hit another car before running over a curb and through a fence. The vehicle exploded on impact.

The accident investigation concluded that while floor mats in the loaner car may have been involved in the accident, other factors such as electronic or mechanical problems could not be ruled out.

Japanese automaker Toyota has recalled more than 4.2 million Toyota and Lexus vehicles. In these vehicles, there is a small clearance area between the gas pedal and the rubber floor mat which have caused accelerators to stick and produce uncontrollable acceleration. More than 41% of all consumer complaints about sudden acceleration involve Toyota and Lexus vehicles.

The investigation revealed that an employee of the car dealership that provided the loaner Lexus had been warned about the sudden acceleration problem only three days prior to the accident by another customer using the same car.

Has your car been recalled? Is it a danger to you and your family? Call the California car crash attorneys at Allen, Flatt, Ballidis and Leslie at 1-866-981-5596 to learn more.

Minimum insurance requirements in California are silly in today's economy.

blog@www.thecaliforniainjurylawyer.com (news Author)11663 — Wed, 09 Dec 2009 08:00:00 EST

In the last two months the lawsuits I've been handling have included an extremely emotional and difficult wrongful death case, and an auto accident in which a client's neck disc was herniated after impacting a windshield. While very different in many respects, they did have one thing in common: the Defendant had far too little insurance given the damages involved. In the auto accident case, California only requires liability insurance of fifteen-thousand dollars. This limit was set years ago, and has not been adjusted for inflation. While a person may obtain underinsured motorist coverage (it is never a good idea to decline such coverage through your own auto policy), one shouldn't have to. The law should require a reasonable minimum of insurance. Given that modern medicine is prohibitively expensive, fifteen-thousand dollars is, frankly, ridiculous.

In the wrongful death action, the Defendant was a now defunct company but working on a 15 to 20 million dollar construction project. That company only carried insurance of only one-million dollars. Given the scale of the project, this is also unacceptably low. Unfortunately, no statute requires that it carry more.

You may ask: "why not simply go after the Defendant, rather than his insurance?" There are several reasons. Defendants that do not own property and have no money in bank accounts brings to mind the proverbial "can't squeeze blood from a turnip." It also is expensive to prosecute a case to verdict, and that cost is paid by the client through what little they can recover. The California legislature, rather than spending time working on pay raises for themselves, should institute a minimum insurance requirement immediately.

Infants and Auto Accidents: Diagnosing an injury takes vigilance on your parrt.

blog@www.thecaliforniainjurylawyer.com (news Author)11664 — Wed, 09 Dec 2009 08:00:00 EST

Infants cannot speak for themselves. They cannot tell you (other than through generalized screaming) if something hurts, is stiff and painful, or isn't working right. The instinct after an auto accident is to think "I'm alive, I must be o.k." This is normal. Of course, you may not be all right, as symptoms can take hours, if not days, to materialize.

If your infant seems to be fine, a wave of relief will probably wash over you. Still, it is a good idea to have your child checked out by a doctor. The forces generated in an automobile accident are immense, and the manner in which they effect an individual body are not identical. Body positioning, musculature, and age have a lot to do with how one reacts to the concussive shock sustained by their body. It's better to be safe than sorry, and to have your infant checked out even if they seem to be fine, and even if the accident didn't seem overly severe.

Hit-and-run accident leaves Orange County firefighter injured

blog@www.thecaliforniainjurylawyer.com (news Author)11682 — Wed, 09 Dec 2009 08:00:00 EST

Orange County firefighter, Luke Perisin, is recovering after a pedestrian accident with a hit-and-run driver left him severely injured.

The off-duty firefighter and paramedic was struck by a car early on the morning of Saturday December 5. The accident ocurred just before 1 am. The 38-year-old victim had just left the Sandpiper Bar and was crossing the street at a well-lit crosswalk at the intersection of South Coast Highway and Brooks Street. The suspect was driving southbound on South Coast Highway when he crossed over to the wrong side of the street and hit Perisin.

Perisin slammed into the windshield. The impact sent him flying 50 feet. Perisin suffered head injuries and multiple broken bones, including his pelvis, his ribs, and vertebrae.

Police are seeking a white Toyota Prius or Corolla with major front-end damage and possibly a broken windshield. Anyone with information is asked to call the Laguna Beach Police Department at (949) 497-0359.

The number of hit-and-run accidents in California is rising. Often, drivers leave the scene of an accident because they are driving under the influence of drugs or alcohol, are uninsured or unlicensed, or they are carrying weapons. When caught, hit-and-run drivers face arrest or fines and may lose their job or driving privileges. Leaving vthe scene of an accident is against the law.

The Orange County car accident attorneys at Allen, Flatt, Ballidis and Leslie wish Mr. Perisin a speedy recovery.

Fog kills 5.5% of those involved in an accident!

jballidis@allenflatt.com (blog Author)23097 — Tue, 08 Dec 2009 08:00:00 EST

Late fall is typically the start of fog season in California. Already we have had many fog advisories issued by the National Weather Service, and with these advisories, several serious injury accidents have occurred. Each year fog-related crashes injure over 1000 people and the average fatality rate is 55.

Only three months ago there was a huge pile-up of cars and trucks on Highway 99 in central California. This area is notorious for its “Tule fog” which stretches throughout the central Joaquin valley and at times can leave drivers driving with no forward visibility. Over 18 cars and trucks were involved and when the California Highway Patrol came on the scene, they reported that the visibility was only 10-15 feet. Many people were trapped in their cars with serious injuries, while law enforcement tried to rescue them.

Fortunately for today’s’ drivers travelling through this stretch of California, there is a recently opened joint venture Fog Pilot Program developed by Caltrans and the CHP. Officials say that this will be an early warning system that will warn drivers of potentially hazardous driving conditions.

The system works by aggregating information from six weather stations, 22 visibility sensors and 41 traffic sensors. Then the data is fed through to the message boards along the highway, warning drivers of upcoming dangers. When visibility drops below 500 feet, the message will automatically appear of the Caltrans’s message boards along the highway.

Even with new technology, there was still an accident this weekend. Drivers should always be alert and not intentionally drive in heavy fog conditions. Here are few driving safety tips if you must drive in these conditions:

Are California depositions really conducted as you see in the movies?

jballidis@allenflatt.com (blog Author)23098 — Tue, 08 Dec 2009 08:00:00 EST

Litigation in Film and Television

This will be the first in a steady stream of articles about how lawyers, and litigation in particular, is portrayed in the popular media. Just as I'm sure most doctors can't stand watching E.R. or Gray's Anatomy, I can assure you many attorneys are unable to sit through movies or television shows about attorneys. I know I can't. It's often painful, and my wife doesn't like me yelling at the screen "THAT WOULD NEVER HAPPEN!!!" on a regular basis.

Depositions are typically a fairly straight-forward, somewhat tedious process. A witness or party to a lawsuit sits down in a conference room, and the attorney's take turns asking them questions about the case. Typically, clients start out nervous about the deposition process, but about ten to twenty minutes in the overwhelming feeling they're likely to experience is boredom. Here are a list of things that you will see on the silver screen or at home you will never see at a real deposition: 1.)An attorney being allowed to scream at a witness or party for more than three seconds without the deposition being terminated -- in fact, out of hundreds of depositions, I have been yelled at maybe once or twice, and a client, never; 2.)No objects will ever be thrown at a deposition; 3.)You will never have to undress at a deposition; 4.)You will never be arrested or thrown into jail for contempt for deciding that you are done with the deposition for the day; 5.)The other attorney will never give up and agree to all of the other side's demands at a deposition. See this article on typical claims processing.

Maybe next week I'll talk about just what judges will and will not allow you to say to them during a trial, and how the writers of Boston Legal often get this wrong.

Family of four killed when driver runs red light

blog@www.thecaliforniainjurylawyer.com (news Author)11611 — Sun, 06 Dec 2009 08:00:00 EST

A speeding car that raced through a red light crashed into a mini-van killed a family of four. The driver later died from his injuries.

The car accident occurred at approximately 9:20 pm on Saturday, November 28th. Nineteen-year-old Steven Culbertson was speeding south on Lakeville Road in Novato in his Mini Cooper. The driver clipped the back of a 2004 Honda CR-V going in the same direction. Neither the driver nor passenger in the Honda was injured.

After hitting the Honda, Culbertson continued speeding south on Lakeville Road and ran a red light at the intersection with Highway 37. The Mini Cooper was traveling at approximately 100 mph when it broadsided a Nissan Quest minivan killing the family of four inside. The van was crushed by the impact.

The family included Jonathan Maloney, 45 of Sonoma, his wife 42-year-old Susan Maloney, and children, 8-year-old Aiden and 5-year-old Grace. They were pronounced dead at the scene.

The driver of the Mini Cooper had life-threatening injuries and was taken to Santa Rosa Memorial Hospital. He died from his injuries the following day.

The van was pushed into a fourth vehicle, a 2002 Mitsubishi Galant. The three occupants were taken to the hospital for minor injuries.

Excess speed and running a stop sign caused the accident; however, alcohol or drugs have not been ruled out.

The law office of Allen, Flatt, Ballidis and Leslie offers our condolences to the family.

Woman loses control and strikes big rig causing her death.

blog@www.thecaliforniainjurylawyer.com (news Author)11595 — Fri, 04 Dec 2009 08:00:00 EST

A semi truck crashed into a 69-year-old Fontana woman, causing her death Thursday in Ontario, California. The wreck was reported early Thursday morning on Jurupa Street west of Etiwanda Avenue. The victim's name has not been released. Apparently the woman whose identity is being withheld to notify next of kin, drove across opposite lanes and struck a semi-truck.

An investigation into the cause of the accident is underway, and an autoposy may be necessary to see if the woman suffered from any sudden and unexpected medical event.

Seat belts were not used and did not save this 10 year old!

jballidis@allenflatt.com (blog Author)22890 — Fri, 04 Dec 2009 08:00:00 EST

One California family suffered tragically over the holiday weekend due to not restraining their three children properly. All three children were ejected from the vehicle during the accident; the eldest daughter, who was only 10 years old, died at the scene and the 4 and 1 year olds were critically injured during the crash. Even though car restraints were found in the car, investigators said they were not installed properly.

Motor vehicle crashes are the leading cause of death for children under the age of 14. Furthermore, the one major contributing factor to these deaths is unrestrained or improperly restrained children. Even if you’re travelling at around 35mph, if left unrestrained, it would be like the equivalent force of throwing your child off a three story building.

The California Highway Patrol has recently received a grant from the Office of Traffic Safety to fund their “California Occupant Restraint Campaign”. The program is aimed at community outreach and enforcement issues to increase seat belt awareness. In addition, many parents think their kids are safely restrained when they really aren’t. Many car seats are not properly installed and are not the right size for your child’s age, weight and height.

The American Academy of Pediatrics, AAP, has updated its car safety seats family guidelines for 2009. Parents are frequently overwhelmed by different types of seats, vehicle type and many other factors. Here is a brief overview of safety guidelines.

Infants to one year of age and up to 20 pounds should always ride in rear-facing infant seat. Currently there are two types; infant only and convertible seats. The infant only is primarily used for infants up to 20 pounds and the convertible seats are used if your infant reaches 20lbs before their first birthday. The convertible seats can then move to be a forward facing seat.

Toddlers and preschoolers should always be in forward facing seats. Always check the models’ specifications, but generally they are used for children between one to four years of age. Additionally, since many toddlers’ have various weight ranges, the weight requirements are generally up to 65 pounds. The AAP guidelines also review all five forward facing types as well as installation tips and common installation problems.

School-aged children that have outgrown their car seats should be in a booster seat. They must stay in a booster seat, generally between the ages of 8-12 years old or until they reach the key height requirement of 4’9”. Booster seats should never be used with a lap belt, only a three point seat belt.

When your child outgrows the booster seat, they are now safe to use a regular seat belt. However, only when your child is 15 years old can they safely sit in the front seat.

For a copy of this guideline, visit www.aap.org.

The CHP is enforcing the seat belt laws this holiday season. Be a good example for your children by always buckling up yourself and save your family from unnecessary distress.

James Ballidis is a personal injury attorney practicing in Southern California. For information on any possible claims you may have please call 1 866 981-5596 or contact us through our web site.

Nine-year-old bicyclist killed by pickup truck

blog@www.thecaliforniainjurylawyer.com (news Author)11647 — Thu, 03 Dec 2009 08:00:00 EST

A nine-year-old Anaheim boy was riding his bicycle home from school when he was struck and killed by a Ford F-250 pick-up truck.

Fourth grader, Nicholas Vela, was on his way home from Stoddard Elementary School when he was hit at the intersection of Orangewood Avenue and Loara Street.

The driver of the raised pick-up truck was heading westbound on Orange Street when he stopped at a stop sign. It is believed that the boy saw the truck stopped and tried to cross the street in from of the truck when he was hit. The driver of the truck did not see the boy on the bike.

Police believe that the height of the truck may have obscured the driver’s vision. They suggested that since the child saw the truck stopped, he likely assumed it would remain stopped. The accident is under investigation, but no one has been cited.

According to safe Kids, an international group dedicated to preventing accidental injuries and deaths of children, bicycles are involved in more childhood deaths and injuries than any other product except automobiles. Seventy percent of American children ride bicycles, and more than one-fifth of bicycle deaths and one-half of bicycle injuries involve children.

The bicycle accident attorneys at Allen, Flatt, Ballidis and Leslie have put together some tips to keep your child safe on the road. Click here for the library article.

Massive recall of cribs due to suffocation of children! Why so late?

jballidis@allenflatt.com (blog Author)22362 — Tue, 24 Nov 2009 08:00:00 EST

In a massive product recall, the US Consumer Product Safety Commission and the Manufacturer, Stork Craft Manufacturing Inc., recalled 2.1 Million drop side cribs. These cribs have been sold by major retailers throughout the US.
While news media releases have confirmed the reason for the recall is the possibility of entrapment and suffocation, the reality is that the cause of these incidents is unpredictable failure of the mechanism designed to hold the side of the crib up when the child is alone.
Many parents assume that a crib is a safe area, where a child can play and remain in relative safety, with less intense supervision, while mommy or daddy accomplishes other tasks. The side of the crib is designed to lower to allow easy access to the child. It has been falling without warning because of a plastic part failure. Naturally, a child leaning on this side of the crib can fall out of the crib, become trapped between the bed and the moving side, or pinch hands and feet.
What is most disturbing is the time it took to recall these cribs. At least 67 incidents occurred and were reported in the US alone. These models have been sold for over 20 years. 4 entrapments caused suffocation death, 12 falls have been reported from the crib and the list goes on. The possibility of injury in such a vulnerable place as a crib was not hard to imagine on the first report of failure.
While we applaud the recall, can we please protect our children earlier? The function of the US Consumer Product Safety Commission is to immediately make us aware of potential problems. Even if a recall is not yet warranted, a warning is useful to the diligent parent. We can keep a look out or even take our own steps to make sure the cribs are safe. I cannot imagine the pain a family must feel when their child is lost in this way. It makes me furious, and I hope they seek full legal remedy for their loss.

3 die in big rig crash on side of the road.

blog@www.thecaliforniainjurylawyer.com (news Author)11395 — Mon, 23 Nov 2009 08:00:00 EST

Sunday morning, 3 people were killed on the 210 freeway in Sunland. An SUV rear ended a big rig truck. There are no details about the collision at this time, other than evidence that the Big Rig was parked along the side of the road with a load of lettuce.

The people killed include a 14 year old boy, and two adults in their 40’s. Vehicles and trucks need to use the emergency shoulder. There is controversy about the use of shoulders to park or stop without an emergency. Recently, a court found as a matter of law, a tuck driver is not negligent simply for stopping on the side of a road without an emergency. That ruling may have more serious impact as truckers decide to stop along the shoulder rather than pull off a highway. Therefore investigation into the reason for stopping and also the exact location of the truck are important. Also whether the truck had warning lights activated may be important as drivers cannot see in the early morning and may be unable to avoid a collisions.

Our condolences to the family and friends for this frustrating loss of life.

Pitbulls to be euthanized following dog bite attack

blog@www.thecaliforniainjurylawyer.com (blog Author)22216 — Mon, 23 Nov 2009 08:00:00 EST

Three pitbulls that mauled a man in a Bakersfield back yard will be euthanized at the end of their 10-day quarantine period.

City animal control supervisor, Tammy Davis, said, “The owner will not be redeeming the dogs. They won’t be released into rescue or anything like that because of their behavioral history.”

The three pitbulls brutally attacked Steven Herrera on November 3. The 35-year-old victim received moderate injuries from bite wounds to his abdomen and left arm. He had entered the yard of his brother Salvador Romero when his brother was away. Romero had previously warned Herrera not to enter the yard on his own as the dogs became aggressive during an earlier visit.

One neighbor snapped pictures while another neighbor used a cane to help the victim beat off the dogs.

Romero would have to pay almost $300 in impound fees to retrieve the pitbulls from the county animal shelter. He would also have to license the dogs and prove that they were up to date on vaccinations.

Aggressive dogs pose a real threat of serious injury. Owners of aggressive dogs must post signs warning visitors of danger. Training a dog to be aggressive or allowing a dog to be repeatedly aggressive may make a dog owner liable for any dog bite attacks. If you or a loved one has been bitten by an aggressive dog, you may be eligible for compensation. We can help. Call the California personal injury lawyers, Allen, Flatt, Ballidis and Leslie, at 866-981-5596.

Bicyclist seriously injured after being hit by a semi

blog@www.thecaliforniainjurylawyer.com (news Author)11375 — Sat, 21 Nov 2009 08:00:00 EST

A 26-year-old woman was taken to the hospital for treatment after a collision with a semi-truck trailer. She is being treated for severe cuts and broken bones in her legs.

The accident occurred around 4:10 p.m. on November 19, 2009. The bicyclist, Dalia Albert, of Huntington Beach, was riding her ten-speed bike in the bike lane of Gothard Street in Huntington Beach when she was hit by the truck.

The 2007 International semi truck had been heading eastbound on Edinger Avenue. Soto stopped at the red light at the corner of Edinger Avenue and Gothard Street. When the light turned green, the driver, 29-year-old Juan Soto of Anaheim, made a right turn in front of the bicyclists.

Albert was taken to UCI Medical Center in Orange and is reported to be in stable condition.

The bicycle accident is currently under investigation. Police ask that anyone with information call Investigator Bob Barr of the Huntington Beach Police Department traffic bureau at 714-536-5666.

In California, drivers must look out for bicyclists before making a right turn. If a vehicle does make a right turn directly in front of a bicyclist, turning in the same direction may help avoid a collision.

Pacifier is linked to choking hazard. Here is the product to avoid.

blog@www.thecaliforniainjurylawyer.com (news Author)11372 — Fri, 20 Nov 2009 08:00:00 EST

Pacifier is linked to choking hazard. Here is the product to avoid.
The U.S. Consumer Product Safety Commission (CPSC) is advising parents and caregivers to immediately stop providing “My Baby Soother” pacifiers to their children.
T & L Trading Corp., has been importing the product. Unfortunately the nipples can separate from the base easily, and quickly become a choking hazard to toddlers. Strangely, T & L Trading has refused to recall these pacifiers. Therefore it is up to us to spread the word and put them out of business.
Bronx, Brooklyn, Broadway, and Coney Island of New York from August 2007 through July 2009 were the areas of sales and distribution in discount stores, and sold for about $1.

Investigation leads to further evidence of toyota malfunction causing sudden acceleration and death.

jballidis@allenflatt.com (blog Author)22135 — Fri, 20 Nov 2009 08:00:00 EST

Toyota continues to come under scrutiny for the sudden acceleration issues with Lexus cars. Do you know what a gas pedal pivot lever is?
New details are emerging of the horrific crash that killed CHP officer Mark Saylor and three family members in their loaned Lexus ES 350 sedan.
Saylor and his family were driving on Highway 125 in rural San Diego when suddenly they found themselves racing down the road at over 100mph. Frantic 9-1-1 calls recorded the frightening moments before the car jumped a curb and burst into flames.
At the time of the August accident, Toyota stated that the reason for the accident was an improperly installed floor mat that caused the accelerator to get stuck. However, investigations by the National Highway Traffic Administration, Safety experts, and San Diego Sheriff’s have revealed that the problem could be much wider.
Since 2001, there has been over 2000 sudden-acceleration reports from Lexus owners and sadly, 19 were killed because their vehicles slammed into brick walls, parked cars or trees. Unfortunately, federal investigators dismissed many of the early cases due to this not fitting into an investigation’s “problem category” such as, unintended acceleration that lasted only a few seconds, sudden acceleration unknown to owner, and not stopping in a timely manner from sudden acceleration.
After the August accident, Toyota recalled 3.8 million vehicles that could have sudden acceleration experiences. They wanted all vehicle owners to remove floor mats until further investigations were completed. Models included in the recall are Camry’s, 2007-1010; Prius, 2004-2009; Avalon, 2005-2010; Tacoma, 2007-2010; Tundra, 2007-2010; Lexus ES350, 2005-2010; Lexus IS250, 2006-2010.
In addition to the floor mats not fitting correctly and causing the throttle to fully open, the NHTSA’s report claims that the Lexus’ accelerator pedal design may have contributed to the floor mat entrapment. Investigators found that the pedal’s main pivot lever is not hinged, so that there is no means to relieve forces caused by any interference.
This is consistent with the 9-1-1 call when Saylor’s brother-in-law claims that they had no brakes. Accident investigators found that the lower edge of the accelerator pedal had actually bonded to the floor. The brake rotors were found to have rough surfaces and evidence of heat and heavy braking. NHTSA documents found that the Lexus ES braking system loses power- assist when the throttle is fully opened.
San Diego accident investigators found that the floor mat in the loaner car provided to Saylor and his family was an all-weather mat, intended for use only in a Lexus sport utility vehicle, not a sedan. The floor mats are intended to be attached to the carpet with a clip. In this case, one of the clips was found under the mat and the other was attached to the mat. To date the El Cajon Lexus dealership has had no comment.
The San Diego Sheriff’s Department has recovered the electronic data recorder, in essence a “black box” for your car. They have not released their accident investigation to date but expect to find additional data from the recorder.
If you own a Toyota or Lexus in the above model years, remove all floor mats until further notice. I( will update you as the story continues to unfold.

Trucks collide and almonds spill onto road in Southern California.

blog@www.thecaliforniainjurylawyer.com (news Author)11311 — Tue, 17 Nov 2009 08:00:00 EST

Last night two big-rigs semi trucks on Interstate 10 near Whitewater California. Both truck drivers were injured and taken to the hospital. One of the rigs was carrying almonds that spilled onto the highway. The accident is under investigation by the CHP.

When semi trucks collide, injury is usual to follow. The mass of these rigs and velocity with which they strike, causes violent collisions even when posed against each other. The freeway was closed for a short time to allow clean up.

This umbrella stroller is linked to fingertip amputation of children.

jballidis@allenflatt.com (blog Author)21841 — Mon, 16 Nov 2009 08:00:00 EST

Since the serious fingertip amputations of 12 children, Maclaren USA and the U.S. Consumer Product Safety Commission have instituted a voluntarily recalled of over one million strollers.
The recall involves all of Maclaren’s single and double umbrella strollers. The affected models were sold at Target, Babies “R” Us and other juvenile retailers nationwide from 1999 through November of this year. Models include Volo, Triumph Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph and Easy Traveller.
The stroller’s hinge mechanism poses a huge risk of laceration or finger amputation to young toddles and babies. To date there has been 15 injury reports but the CPSC is still interested in receiving any other reports. For a full list of recalled items and other baby products that may have been recalled, visit www.cpsc.gov
If you have a Maclaren stroller, stop using it immediately and please call their toll free number (877) 688-2326 or visit their website at www.maclaren.us/recall for the free repair kit. After placing the repair on the stroller, they should be safe for normal use again.
Consumer Reports. www.consumerreports.org/ is one of the foremost authorities on unbiased consumer testing. Here are 5 tips of the most common mistakes new users have when using a stroller:
1.    Failing to make sure the stroller is fully locked into its “open” position before strapping in your child. It’s easy to skip this step when you’re in a rush, and some strollers require force and effort to make sure they lock. Make it a point to listen for that all-important click every time, or the stroller might fold in--with your child in it.
2.    Forgetting to buckle up your child, even if you’re just wheeling him or her up the block, or going slowly. You never know when you could hit a bump that could cause a nasty tumble, so make sure your little one is properly strapped in.
3.    Failing to brake. It only takes a slight incline to send the stroller rolling away from you. Put your foot on the brake when you take your hands off the stroller, even if you’re stopping for just a moment.
4.    Treating your stroller like a shopping cart. Parents often toss a shopping bag or purse around the handles, but if the stroller wasn’t designed to carry that extra weight it could tip over. Having a basket or storage area under the stroller helps, but be sure to check the directions for weight limits before you stash items there.
5.    Using a hand-me-down without checking its history. A stroller purchased years ago for an older child might have since been recalled. Before you dust it off for reuse, check with the manufacturer or the Consumer Product Safety Commission for product alerts. Even if it hasn’t been recalled, there are other reasons you might want to consider buying a brand-new set of wheels. Stroller safety standards are regularly reviewed, so newer models might be a better bet. They might also have new features that make them easier to use.
Baby and children items are unfortunately one of the largest sectors of recalled products in the country. Buy smart and keep our children safe.

Car careens off rhighway and catches fire: causes death of driver.

blog@www.thecaliforniainjurylawyer.com (news Author)11269 — Fri, 13 Nov 2009 08:00:00 EST

Pomona California, November 13, 2009
On the eastbound Pomona (60) Freeway, at 3:30 a.m. this morning, a car careened over the side of a freeway embankment west of Grand Avenue. The car caught fire killing the occupant. There are no details about the cause of the accident, or why the car lost control. Typically, a car careens off the highway when either the occupant falls asleep or another car cuts it off and an evasive maneuver is taken, The California Highway Patrol is investigating.

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

jballidis@allenflatt.com (blog Author)21718 — Fri, 13 Nov 2009 08:00:00 EST

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.

Morehouse-crash bus driver dies after car wreck

blog@www.thecaliforniainjurylawyer.com (news Author)11250 — Wed, 11 Nov 2009 08:00:00 EST

The bus driver of the charter bus that crashed last month while carrying Morehouse College Marching Band members died on Tuesday, November 10, following a car accident at the intersection of Sylvan Road and Arden Avenue in south Fulton County.

Sixty-three year old Ralph Marshall was pronounced dead after being taken to Grady Hospital in Atlanta. The autopsy showed no injuries from the accident and Chief Medical Examiner Randy Hanzlick said that the death appears to be from natural causes. Toxicology studies will be done, but results will not be available for several weeks.

Marshall was an employee of Superior Transportation, an Atlanta-based charter bus company. Marshall was driving a charter busses carrying band members to a football game in Albany on October 31st. The bus skidded on I-75 in Henry County, flipped twice and then overturned. Accident investigators believe that Marshall lost control of the bus after being cut off by other drivers; however, there are inconsistencies in witness reports. Thirteen of the forty-two students on the bus were injured. The driver did not sustain injuries.

Superior Transportation is currently under investigation for operating while not properly licensed and operating with revoked insurance.

Morehouse-crash bus driver dies after car wreck

blog@www.thecaliforniainjurylawyer.com (news Author)11251 — Wed, 11 Nov 2009 08:00:00 EST

Superior Transportation is currently under investigation for operating while not properly licensed and operating with revoked insurance.

Accident leaves driver injured, Corvette crushed

blog@www.thecaliforniainjurylawyer.com (news Author)11253 — Wed, 11 Nov 2009 08:00:00 EST

A car crash in North Tustin has left a driver hospitalized after a concrete light pole crushed his Corvette after a collision with another vehicle on Newport Avenue and Macy Drive.

The red Corvette was hit when a gray Chevy Equinox made an unsafe left turn.The Corvette then crashed into a concrete light pole. The pole fell down and crushed the Corvette, nearly splitting it in half. The injured driver was taken to a hospital for treatment.

California Highway Patrol Officer, Devon Boatman, said the collision was caused by the unsafe left turn made by the driver of the Equinox. Left turns are particularly dangerous of driving maneuvers as they put a vehicle in the path of oncoming traffic. In California, making an unsafe left turn is considered a traffic violation.

California Vehicle Code section 21801 (9a) states:

“The driver of a vehicle intending to turn to the left or to complete a U-turen upon a highway, or turn left into a public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.”

Former Hyundai executive pleads guilty in 2005 DUI hit-and-run

blog@www.thecaliforniainjurylawyer.com (news Author)11254 — Wed, 11 Nov 2009 08:00:00 EST

Youn Burn Lee, a 42 year old former Hyundai executive, has pled guilty to vehicular manslaughter charges resulting from an October 2005 hit-and-run accident. The crash resulted in the death of motorcyclist Ryan Dallas Cook. Lee was under the influence of alcohol at the time.

After the accident, Lee, formerly a resident of Irvine, fled to South Korea. Lee was arrested in Seoul in December 2008, and was extradited back to Orange County to stand trial.

According to the Orange County district Attorney’s Office, Lee pled guilty to one felony count of vehicular manslaughter by unlawful act with gross negligence while intoxicated. He will be sentenced on December 7. It is expected that Lee will serve nine years in state prison, including a sentencing enhancement for fleeing the scene of the crime.

The accident followed a company-sponsored dinner at the Seoul Oak Korean BBQ Restaurant in Garden Grove. The group had finished 14 bottles of soju, a distilled Korean rice wine, before heading to a nearby karaoke bar where they continued to consume alcohol.

Lee left the gathering in a black, company-issued SUV. He drove with his headlights off along the 22 freeway onto southbound 55. On 55, he veered into the carpool lane and crashed into the center median. Cook, was riding his motorcycle in the carpool lane, and was unable to stop in time to avoid slamming into Lee’s unlit, black vehicle.

Driver convicted in death of Huntington Beach teen cyclist.

blog@www.thecaliforniainjurylawyer.com (news Author)11214 — Mon, 09 Nov 2009 08:00:00 EST

Two years ago, 14-year-old Danny Oates, was bicycling to his Huntington Beach school to pick up his class schedule. He never came home.

Jeffrey Francis Woods was driving his truck eastbound on Indianapolis Avenue. He crossed into on-coming traffic and hit the teenage bicyclist sending him flying 150 feet away. The boy died on impact. Woods the drove into a palm tree and through a wall into a backyard. His legs were crushed and had to be amputated.

Doctors who worked to save Wood’s legs found both Vicodin and Xanax in his bloodstream. Both drugs may impair the ability to drive. Phone logs showed that Woods had been texting with his girlfriend one minute before the crash and had made phone calls while driving.

It took the jury less than two hours to convict Woods of gross vehicular manslaughter. Woods faces up to ten years in prison and will be sentenced on December 11.

This weekend, another bicyclist died in Huntington Beach according to the Orange County Register. On Saturday, police responded to reports of an injured bicyclists near the intersection of Brookhurst Street and Banning Avenue. The unconscious bicyclist was taken to the hospital where he was pronounced dead. Police continue to investigate the accident.

Driving while impaired or distracted is irresponsible and a danger to pedestrians, motorcyclists, bicyclists and other drivers. Allen, Flatt, Ballidis and Leslie represents all types of vehicle injury cases. If you or a loved one have been injured by a negligent driver, contact us. We can help you.

ATV rider dies after ejection while off roading.

blog@www.thecaliforniainjurylawyer.com (news Author)11216 — Mon, 09 Nov 2009 08:00:00 EST

A Costa Mesa resident, Andrew McKenzie, was killed during a weekend off-road accident. He was a passenger in an off road vehicle that lost control and overturned. He was ejected and died at the scene, near Calico Ghost Town. We want to extend our Sympathy to his family for this tragedy.

As we pointed out recently, ejection is a major cause of injury and drivers must take responsibility to ensure the safety of their passengers. These deaths are avoidable, and until more is done to educate the owners on the method of securing passengers and operating these vehicles safely, these needless incidents will continue to cause great grief and destruction of lives.

Hit-and-Run leaves bicyclist in critical condition

blog@www.thecaliforniainjurylawyer.com (news Author)11212 — Sun, 08 Nov 2009 08:00:00 EST

Anaheim police are still looking for a driver involved in a hit-and-run bicycle accident involving a bicyclist on November 2. The bicyclist, a 54-year old Anaheim man, was riding west on Broadway between Atchison and Kroeger streets. When he rode around a parked car, a vehicle headed west hit the driver and kept going. The bicyclist was left lying in the street.

Paramedics treated the man at the scene and transported him to anearby hospital. He is being treated for head and internal injuries.

The vehicle may have been a dark-colored van or SUV. It is likely that the passenger-side of the vehicle sustained damage, and that the passenger-side mirror was broken. Anaheim police ask that anyone with information call them.

This accident follows the recent conviction of Dr. Christopher Thomas who was found guilty of two counts of assault for deliberately pulling in front of two bicyclists and slamming on his brakes. Both bicyclists sustained serious injuries.

Both incidents highlight the dangers that face bicyclists. California vehicle law gives bicyclists the same privileges and responsibilities as cars when using the road. More and more Californians are using bicycles for commuting, exercise, and general travel. Car drivers must respect this right and behave accordingly.

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

mmazal@allenflatt.com (blog Author)21336 — Fri, 06 Nov 2009 08:00:00 EST

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.

Man struck by white van that flees scene in Santa Ana California.

blog@www.thecaliforniainjurylawyer.com (news Author)11193 — Thu, 05 Nov 2009 08:00:00 EST

Santa Ana, California - On October 31, 2009, a 62-year-old man in a wheelchair was struck just after dusk by a white van of no description on 500 E. Wellington Ace. The man was severely injured, but the van fled the scene. There is no description of the van, but it probably has front end damage because it hit the wheelchair.
If you have information about the driver or the van, please call the Santa Ana Police Department at 714-245-8701 to help bring this victim some justice. Our streets are dangerous, and as long as people feel they will not be apprehended, they will run from an accident. Only the public can help, and improve our community.

California Drunk Driving limited by new device after first offense.

blog@www.thecaliforniainjurylawyer.com (news Author)11185 — Wed, 04 Nov 2009 08:00:00 EST

Sacramento, California: Recently the Counties of Tulare and Sacramento implemented adopted the implementation of a pilot program forwarded by Assemblyman Mike Feuer, D-Los Angeles. The law allows Counties to require installation of an ignition interlock device into first-time driving under the influence (DUI) offenders.

The added carrot signed into law as well, provides that if any first time DUI offender wants to get their license back, they may also voluntarily have the device installed. This is a great first step to stop multiple offenses of drunk driving that causes so much havoc on our roads.

The ignition interlock device is an instrument that tests a person’s blood alcohol concentration before the vehicle can be started.

California doctor convicted of assault with auto vs cyclist.

blog@www.thecaliforniainjurylawyer.com (news Author)11169 — Tue, 03 Nov 2009 08:00:00 EST

Southern California: In a closely watched story, several cyclists were injured seriously when an emergency doctor, Christopher Thompson, purposely slammed on his brakes after passing the cyclists on Brentwood Road. The criminal conviction stems from evidence that before the collision, Thompson had stopped his car and was yelling at the cyclists to ride single file. Evidence of motive, anger, and the sudden and unexplained stop, that caused one cyclist to fly over the trunk and into the rear windshield, apparently was enough to convict Mr. Thompson.

Cyclists have a legitimate beef with many motorists that feel the roadway is their own. Many motorists are impatient with cyclists, because they delay their hurried life. When that impatience turns to action, whether honking, or physically jeopardizing the safety of riders, criminal action is not only justified, but should set an example of what not to do!

The privilege to ride on public streets is mandated by the California Vehicle code, and as more and more cyclists use this mode of transportation for exercise and going to and from work, the roadway mentality as a car driver must change.

California roads are for all to use, and impatience because a cyclist is inconveniently "slowing you down" simply is unjustified. As is seen in this case, your anger can lead to slowing you down even further. This gentleman faces a possible 10 year prison sentence.

Cyclists have the same rights as motorists, and in my experience, they are courteous and try to avoid being a nuisance. Let’s respect those that ride and simply slow down a tad, until it is safe to pass.

Bug Fogger is probable cause of infant's death!

blog@www.thecaliforniainjurylawyer.com (news Author)11170 — Tue, 03 Nov 2009 08:00:00 EST

In South Carolina, a mother called 911 after her two children became ill, a 10 month old and a 2 year old. Elizabeth Whitfield called Sunday to report her children were having trouble breathing. The children were taken to the hospital, unfortunately the youngest was unable to survive.
Bug foggers are not safe for pets, children or adults. Like tenting, but obviously in smaller concentrations, everyone should be out of the house for a significant period of time. Furthermore, foggers have been known to leave a residual on carpets, and furniture, that can get on a baby's hands and be ingested. Therefore placing paper down and limiting the use of foggers in an area not frequented by children and babies is a good practice. Our sympaty for the loss of this child and the pain a mother must endure to have to bury your child.

Manslaughter charges continue to be pressed by Orange County prosecutors for 100MPH drunk driving collision.

blog@www.thecaliforniainjurylawyer.com (news Author)11073 — Wed, 28 Oct 2009 08:00:00 EST

Orange County District Attorney’s Office has charged Richard Ernest Caselli with gross vehicular manslaughter for the death of Brook Boyton.
The accident occurred on the 73 toll road just north of Laguna Canyon Road. Caselli was travelling southbound in his Volvo sedan with speeds in excess of 100 mph. Caselli then struck Boytons’ sport utility vehicle from behind, which caused the SUV to spin out of control and roll over. Boyton was thrown from the vehicle and later died at the scene from blunt force trauma injuries.
The California Highway Patrol stated that Caselli failed to perform the sobriety test but showed signs of intoxication. He was taken into custody and booked in the Orange County jail.
Caselli was arraigned this week at the Harbor Justice Center in Newport Beach. If convicted, prosecutors are requesting $100,000 bail. He faces a maximum 10 year sentence in state prison.

Robes are catching fire and causing severe injuries, recall is now in effect.

jballidis@allenflatt.com (blog Author)20701 — Wed, 28 Oct 2009 08:00:00 EST

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.

Metrolink crash into jeep goes to trial on remaining 10% of cases.

jballidis@allenflatt.com (blog Author)20703 — Wed, 28 Oct 2009 08:00:00 EST

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.

Big rig accident causes 5 freeway snarls.

blog@www.thecaliforniainjurylawyer.com (news Author)11019 — Tue, 27 Oct 2009 08:00:00 EST

BURBANK, California was the scene of a big rig accident at 6 am today. Apparently, a big-rig truck crashed through a center divider and caught fire. It is unclear why the big rig crash occurred or whether the big rig hit cars on the other side of the roadway. The accident involved 5 other vehicles, reported the CHP.

Highway travel through the scene of the accident on interstate 5 is likely to be slow most of the day while the accident remnants and investigation continue. Big rigs pose a greater danger on our highways when they are operated in lanes other than to the far right or second to the right lane. It is unclear at this time if the big rig was in the fast lane when it lost control.

New laws will require ignition locks for repeat DUI offenders

blog@www.thecaliforniainjurylawyer.com (news Author)10945 — Fri, 23 Oct 2009 08:00:00 EST

Two new California laws hope to prevent traffic accidents and wrongful deaths caused by drunk driving. The laws will require some drivers with prior DUI convictions to install ignition locks that prevent vehicles from starting if alcohol is detected on the driver’s breath.

The first bill, authored by Assemblyman Mike Feuer (D-Los Angeles) creates a test program for Alameda, Los Angeles, Sacramento and Tulare Counties. The pilot program would require that the device be installed in every car owned or operated by a first-time DUI offender in these counties.

The second law, written by Senator Bob Huff (R-Diamond Bar), will allow repeat DUI offenders to apply for a restricted driver’s license if they have the device installed in their cars.

In 2003, New Mexico was the first state to pass such a law. The number of fatal crashes involving alcohol dropped by 22% in New Mexico from 2002 to 2007. Those who support the law believe that it could reduce repeat DUI’s by 64%, and see this as an important step to protecting public safety. It is estimated that 50-75% of convicted drunken drivers continue to drive despite having their licenses suspended.

Some opponents of the law worry that the consequences are not severe enough and question the effectiveness of these devices.

In 2006, drunken driving accounted for 36% of California traffic fatalities.

Doctor charged with injuring bicyclists in road rage incident

blog@www.thecaliforniainjurylawyer.com (news Author)10938 — Thu, 22 Oct 2009 08:00:00 EST

Mandeville Canyon Road in Brentwood is a scenic, two-lane, dead-end street popular with bicyclists. On July 4, 2008, Christian Stoehr and his cycling partner, Ron Peterson, were taking part in a Fourth of July ride. They had fallen behind the group to assist an injured cyclist. As they were riding down the hill, they heard a speeding car honk behind them. Stoehr and Peterson moved into single file, so the driver could pass. As the car passed, there was an angry exchange of words. The driver then pulled in front of them and suddenly braked.

Stoehr and Peterson were unable to stop. They hit the car, an Infiniti sedan. Stoehr catapulted over the car and into the other lane. His injuries included a shoulder separation that required major surgery. Peterson crashed through the rear window. He broke his nose which was almost severed from his face. It took more than 90 stitches to reattach it. He also shattered several teeth.

The driver, 60-year-old Christopher Thomas Thompson was charged with one count of reckless driving causing injury and two felony counts of battery with serious injury. Thompson, a former emergency room physician, is currently on trial in Los Angeles Superior Court.

In the preliminary hearing, an LAPD traffic investigator testified that Thompson said he had deliberately “stopped in front to teach them a lesson.” Thompson had been involved in two earlier incidents involving cyclists.

If convicted, Thompson may face up to five years in state prison for the bicycle accident.

Engineers' union in California sues to remove cameras in engine car.

blog@www.thecaliforniainjurylawyer.com (news Author)10908 — Wed, 21 Oct 2009 08:00:00 EST

As we know too well in California, an engineer, preoccupied with texting, caused a metro train crash. In response, and after a significant investigation, the train authority elected to install cameras in all engines. This will allow the engineer to be supervised at all times.

In a gigantic blunder, the engineers’ union is suing to have the cameras removed, arguing that the cameras are an invasion of privacy. Imagine Vegas workers suing to remove cameras in casinos, and tellers at banks suing to remove cameras at their windows. Unlikely to win, am I right? In those examples, we are trying to save from theft. In the train application, we are trying to save lives.

Whether the Union has the right to change installation or not is unimportant. The safety of the public is demanded. Last week a settlement was reached for most of the seriously injured. The Union seeks to spit on those who died and were injured because of some misplaced notion that engineers are better than everyone else, should be allowed to work unsupervised and deserve privacy while they drive a train in their workplace. This is an example of poor judgment, and misplaced self-absorption. Maybe they all need to be fired, as President Reagan did to air traffic controllers who took themselves too seriously. Hire people who would be happy to have a job and get the pay these people earn, and who would be more than happy to be on camera for safety’s sake.

Unexplained drowning of 3 leaves investigators baffled.

blog@www.thecaliforniainjurylawyer.com (news Author)10896 — Tue, 20 Oct 2009 08:00:00 EST

Pine Hills Florida. Three people drown, two girls, 15 and 12 and one adult who tried to save them in Pine Hills. The girls had gone into the pool but did allegedly not know how to swim. It is unknown what started their distress. I presume that if the girls did not know how to swim, that they would have remained in the shallow end.

Many lifeguard safety classes teach the danger a drowning swimmer can pose to a rescuer. No details of the drowning or investigation have been released.

An inspection by the Orange County Health Department reported no safety violations. That led to several newspapers declaring that the pool was safe. There is a big difference between a safety violation and a safe pool. Until further investigation, interview of witnesses and other conclusions can be reached, a cause related to the pool cannot be ruled out.

As an example, as personal injury attorneys, we have represented drowning victims and their families. One area overlooked in a safety inspection on one of our cases was the lighting/electrical bulb in the pool. While a safety inspection found the pool to be safe, our inspection found an electrical shock would occur if the swimmer touched the light bulb. We were able to demonstrate that our clients’ child, who could swim, must have touched the light, because he was found in the deep end of the pool without any explanation of his death.

It is too early to declare the pool is safe. I would recommend that the family hire an expert or attorney to fully investigate the deaths and determine, before any repairs can be made, why these girls suddenly found themselves in jeopardy.

Suspected DUI driver hits vehicle at over 100 MPH killing the occupant.

jballidis@allenflatt.com (blog Author)20300 — Tue, 20 Oct 2009 08:00:00 EST

Orange County California: We drive on the 73 toll road because we know it as an easy way to get to the 91 freeway from south county. However, for Brook Boynton, the trip was deadly. A Ladera Ranch resident, Richard Ernest Caselli, was driving his Volvo in excess of 100 MPH when he struck a Nissan SUV driven by Boynton, killing him. The Orange County district attorney is pressing vehicular manslaughter charges against Caselli.
What makes this case more obnoxious is that Caselli showed signs of intoxication and failed to perform field sobriety tests, according to the California Highway Patrol.

Our sympathies are extended to the family of Boynton for this unfortunate and frustrating loss of life. I hope you find an attorney that will at least make this gentleman own up to his financial responsibilities.

Apparently Boynton has participated in ironman competitions and had done well. It is a shame that we enjoy the privilege of living in a free society, but others like Mr. Ernest rob us of that freedom, because Mr. Ernest chose to be so careless as to speed at over 100MPH and drive while impaired.

As an update to the previous story, recently the court heard Mr. Caselli's plea and he plead guilty. However, it was not until an outpouring of testimonials from friends and family to the court with Mr. Caselli present. Family reports that Mr. Caselli was brought to tears during these readings. He will be sentenced later this year.

I think that a great idea would be to have every person convicted of a drunk driving offense, whether involved in an accident or not, required to meet with family members of others killed by drunk driving or mandatory that they sit though real testimony from family members in Court, who are left to speak after such a tragedy. Maybe they will listen more to those people, than they do to a judge, sitting the bench.

Toyota under fire again for unsafe seatbelts.

jballidis@allenflatt.com (blog Author)20311 — Tue, 20 Oct 2009 08:00:00 EST

Toyota has recently been under fire for allegations of destroying and refusing to produce damaging evidence in rollover cases, as alleged by an attorney that use to represent the car maker. Now they are under the gun for making seatbelts that according to a new lawsuit, are not safe.

The Toyota Corolla is one of the top selling cars in the U.S. today, with sales over 350,000 cars last year. However, due to defective seatbelts and door latches, a product liability suit was filed in Orange County Superior Court last week.

California personal injury attorneys for Elias Chico allege that he suffered severe injuries during his head on collision. During the accident in his 2005 Toyota Corolla, Chico lost control of his car and crashed head-on into another vehicle. Even though he was wearing a seatbelt, he was ejected through the right door of his car.
Chico suffered several injuries including traumatic brain injury, fractured legs, bruised lungs, and a skull fracture. Due to his extensive injuries, he has been unable to work and has required successive operations and other medical treatment.

Lawyers for Chico claim that it would have cost Toyota only $100 per vehicle to provide safer seatbelts that would not tear on impact. Did Toyota compromise safety over profits? A jury will likely give us their response in about a year.