Northern California Accident Attorney Blog

A 45-year-old Lafayette man riding a bicycle suffered serious injuries when he was struck by a pickup truck towing a utility trailer in Alamo, Mercury News reported. The Contra Costa County bicycle accident occurred at Danville Boulevard and Las Trampas Road, just after 1 p.m. on Friday, July 30th. According to news reports, the cyclist, who was wearing a helmet, was travelling southbound on Danville Boulevard, while the pickup truck, driven by a Yuba City man, was turning from northbound Danville onto Las Trampas Road. As the truck made the turn, the cyclist collided with the pickup truck's trailer hitch and was thrown off his bicycle onto the street.

The cyclist was taken to the hospital with serious injuries, but is expected to survive, the CHP reported. We wish him the best for a complete and quick recovery.

Cause of the Alamo Bicycle Accident

The CHP is still investigating the cause of the crash. However, if news reports are accurate, it appears that the driver of the pickup truck likely failed to yield to the right of way of the cyclist, and made a left turn into his path. The state law pertaining to left turns is found in California Vehicle Code Section 21801 (a) "The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into 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." In this situation, the bicycle would be considered a vehicle.

Bicycle Accidents and Personal Injury Liability

In situations such as this one, where a the driver of a vehicle is likely responsible for hitting a cyclist, the family of the injured victim would be well-advised to contact a northern California bicycle accident lawyer as soon as possible. A knowledgeable, experienced attorney who specializes in bicycle accident personal injury claims can help the injured cyclist protect his rights to obtain the maximum compensation he may be entitled to for his injuries, including all medical expenses and related care costs, lost earnings due to the accident, and pain and suffering. If the driver of the vehicle was driving a company-owned vehicle or was driving while on the job, his employer could also be liable for the cyclist's injuries, depending on the circumstances of the crash.

Continue reading "Cyclist Struck by Car Seriously Injured in Alamo " »

A 79-year-old San Jose woman walking in her mobile home park was killed Wednesday afternoon when a 75-year-old woman struck her. The accident, which was the third pedestrian fatality in San Jose this year, occurred at the Millpond mobile home community located at 2320 Canoas Garden Avenue, at 12:38 p.m. According to reports in Mercury News, the victim, Walda Bradley, was walking inside the complex in the 700 block of Mill Stream Drive when she was struck. The woman driving the car was also a resident of the mobile home community. Bradley was rushed to a local hospital where she died of her injuries.

Elderly Driving Accidents

With a growing population of elderly people, accidents involving elderly drivers are on the rise. Although it is unclear why this accident occurred, any accident involving an elderly driver raises the question of whether the driver was capable of driving. One common cause of accidents involving elderly drivers is pedal misapplication, where a driver mistakes the gas pedal for the brake pedal. With aging, Reflexes, visual acuity, memory, flexibility, and the ability to focus gradually decline. Some elderly people also take medications that may further impair their ability to focus and react quickly.

Possible Wrongful Death Liability

If the driver of the car is determined to have caused this accident, she may be liable for the wrongful death of Walda Bradley. While the pedestrian accident remains under investigation, the family of the victim may benefit from speaking to a northern California wrongful death lawyer with experience handling elderly driver accidents. An attorney skilled in the unique issues of these types of incidents can help the victims' family understand their legal rights and obtain maximum compensation for their loss in a wrongful death claim.

Continue reading "Elderly Pedestrian Struck and Killed in San Jose Mobile Home Park " »

A 47-year-old Twain Harte man suffered serious injuries Thursday afternoon in a motorcycle accident in Copperopolis, mymotherlode.com reported. The July 22nd Calaveras County motorcycle crash was reported at 12:10 p.m. on Copper Cove Drive, near Feather Drive.

According to CHP reports, the motorcyclist, Joseph Cognetti, was travelling westbound on Copper Cove Drive, while a GMC truck driven by Diego Salas, 19, of Turlock, was travelling eastbound. Salas apparently did not see Cognetti before he attempted to turn northbound into a service station. The motorcycle collided with Salas' GMC truck. Cognetti suffered major injuries and was aiflifted to Modesto Memorial Hospital.

Cause of the Copper Cove Drive Crash

If news reports are accurate, it appears that the driver of the GMC is responsible for the collision, by failing to yield to the right of way of the motorcycle However, the cause of the crash still remains under investigation. The CHP will look at factors such as the speed of both vehicles, whether or not the driver or motorcyclist was impaired, and other factors in determining exactly what happened.

Motorcycle Accidents and Personal Injury Liability

If it is established that the Turlock man driving the GMC truck caused this accident, he may be liable for the Cognetti's injuries sustained as a result of this accident, including medical treatment and care expenses, lost earnings or wages, and pain and suffering. In situations such as this one, where a negligent driver may be responsible for an accident resulting in serious injuries, the family of the victim would be well-advised to contact a northern California motorcycle accident lawyer as soon as possible. A skilled lawyer can review the unique legal issues of this accident and help the victim and his family protect their legal rights to maximum compensation in a personal injury claim.

Continue reading "Twain Harte Man Seriously Injured in Copperopolis Motorcycle Accident " »

The Chico Enterprise Record reported today that a Chico man was arrested on suspicion of driving under the influence of marijuana after he allegedly struck and killed a Chico woman Thursday morning on Oro Chico Highway. The fatal Durham accident occurred just after 9 a.m., about three-fourths of a mile east of Midway. The victim was identified as Carrie Jean Hollman, 57. The driver of the vehicle that struck Hollman, Jimmy Candido Flores, 25, was arrested at the scene of the accident. Flores, who has a previous felony DUI conviction, claimed a dog in his vehicle jumped in his arms and caused him to swerve and strike Hollman.

Cause of the Fatal Pedestrian Accident

The California Highway Patrol reported that Flores "displayed objective symptoms of being under the influence of a controlled substance." Flores claimed to be driving 35 mph, but investigators were not sure that was accurate, based upon the distance that Hollman's body was thrown on impact. The cause of the July 22nd accident remains under investigation.

Driving Under the Influence of Marijuana

In California, driving under the influence of marijuana (or alcohol, or any controlled substance) is unlawful, under Vehicle Code Section 23152. Causing an accident while under the influence of marijuana carries the same penalties as drivers under the influence of alcohol. In addition to criminal charges for driving under the influence, the driver who is suspected to have caused this Butte County accident while under the influence of marijuana may be liable for Carrie Jean Hollman's death in a wrongful death claim. While this accident remains under investigation, the family of the victim would be well-advised to seek a consultation with a northern California wrongful death lawyer about the unique legal issues of this accident, and the family's options for holding the driver (and any other contributing parties) financially accountable for their loved one's death.

Advocates for Stopping Drunk Driving Accidents

At Estey Bomberger, we support maximum criminal punishment for drunk drivers, including those who drive the influence of controlled substances. We believe drivers should be held accountable for the accidents they cause and lives they destroy. It is our believe that families of victims should receive the maximum possible compensation for their loss in a wrongful death claim, including punitive damages where relevant. We support MADD and other organizations that raise awareness about how drunk driving and driving under the influence of drugs destroys families. Visit our website, stop-drunk-driving.com for more information about what you can do to help stop drunk driving in your community.

Continue reading "Driver Arrested After Killing Woman Jogging on Oro Chico Highway " »

A 59-year-old Truckee man suffered moderate injures Thursday morning after the garbage truck he was driving overturned on westbound Interstate 80, the Colfax Record reported. The July 22nd accident occurred shortly after 9 a.m., east of Emigrant Gap. According to a CHP report, the driver of the Tahoe-Truckee disposal truck, Richard Christensen, lost control of the truck when the right front tire failed. The truck drifted to the right side of the road and down an embankment. It overturned and slid across the exit to westbound Carpenter Flat Road, according to news reports.

Christensen was extricated from his vehicle and flown by CHP helicopter to Sutter Hsopital in Roseville. The CHP did not believe alcohol or drugs were a factor in the accident, which remains under investigation.

Tire Failures and Accidents

The failure of a tire can easily cause a driver to lose control of a vehicle. In this situation, it is fortunate that no other vehicles were involved. In situations where the driver of a company owned vehicle (in this case, a trash truck) is injured, the victim may be entitled to compensation for his injuries from whoever is deemed responsible for the accident. If the tire failed due to negligent maintenance, the garbage company may be responsible for the truck driver's injuries. If the tire failed due to a manufacturing defect, the manufacturer of the tire may be responsible for the accident. In situations such as this one, the family of the injured truck driver would be well-advised to seek a consultation with an experienced northern California personal injury attorney about the unique legal issues of this accident, and the victim's legal rights to compensation in a personal injury claim.

Continue reading "Garbage Truck Driver Injured in Interstate 80 Crash " »

A 20-year-old Willits woman was seriously injured Sunday afternoon in a crash on Highway 101 north of Laytonville, the Santa Rosa Press Democrat reported. The July 18th Mendocino County accident occurred at about 1:30 p.m. A northbound 2003 Honda Civic driven by Kayla Chesser, 21, of Willits was travelling at a high rate of speed when it drifted across Highway 101 and narrowly missed crashing into another vehicle. The Honda went off the road, and was briefly airborne before it overturned multiple times down an embankment.

The front seat passenger, Misty Duran, 20, who was wearing a seatbelt, suffered a broken back, broken pelvis, broken nose and other injuries. She was airlifted to Howard Memorial Hospital in Willits. Kayla Chesser, the driver, was arrested on suspicion of driving under the influence of alcohol. She suffered only minor injuries in the crash. The CHP is investigating the cause of the crash.

Liability When Drunk Drivers Injure Passengers

In situations such as this one, the family members of a passenger victim of a drunk driving accident are well-advised to contact an experienced Mendocino County drunk driving accident victim lawyer who can help them protect their rights. In addition to criminal charges for drunken driving causing injury to others, the driver may be liable for her passenger's injuries, including medical expenses, lost earnings related to an accident, and compensation for pain and suffering.

Advocates for Victims of Drunk Driving Crashes

At Estey Bomberger, we take drunk driving seriously, and believe that accidents caused by drunk drivers are 100% preventable. We are committed to helping victims of drunken driving accidents recover maximum, full and fair compensation for injuries sustained as a result of a drunk driving accident. Our DUI accident victim attorneys proudly support MADD and other organizations dedicated to stopping the epidemic of drunk driving in California. Visit our website, stop-drunk-driving.com, for more information about how you can help end drunk driving in your community.

Continue reading "Passenger Seriously Injured in Suspected DUI Crash in Mendocino County " »

A 22-year-old Chico woman tragically died Sunday afternoon in a head-on collision with a motor home in Lake County, the Santa Rosa Press Democrat reported. Three vehicles were involved in the collision, which occurred at about 1:30 p.m. on Highway 20 near Clear Lake, above the Paradise Cove subdivision. The collision involved a motorhome, a 2005 Chevy Equinox, and a 2009 full-size Chevy pickup truck. Investigators believe the westbound motorhome, driven by Eric Hunt, 73, drifted across double yellow lines and struck the eastbound Chevy Equinox head-on. The motorhome then struck the Chevy pickup truck driven by Claude Speegle, 57, of Winters.

The driver of the Chevy Equinox, Marina Bajczi, 22, died in the crash, the CHP reported. A 30-year-old man in her vehicle, Ruben Masso, 30, suffered major injuries. Claude Speegle, the driver of the pickup truck, suffered minor injuries, and Ernie Hunt, the driver and sole occupant of the motorhome suffered major injuries, including burns on more than one-fifth of his body. He was airlifted to a local hospital.

Head-On Collisions on Highway 20

A number of people have suffered death or serious injury in accidents on Highway 20 this year. On April 9th a 65-year-old Indiana woman died major collision in Lake County that left six other people seriously injured. The highway is especially dangerous because most of the 211 mile length of Highway 20 is a two-lane highway, although portions of the route in Grass Valley have been converted to freeway standards.

Potential Personal Injury and Wrongful Death Liability

The cause of this accident is still under investigation. Based on the limited information provided in the Lake County News and the Santa Rosa Press Democrat, it is not clear why the driver of the motorhome drifted into oncoming traffic. In situations such as this one, where another party is likely responsible for another person's wrongful death or serious injuries in a head-on collision, the family members of the victims would be well-advised to contact a northern California personal injury lawyer as soon as possible to protect their legal rights, and ensure they hold the at-fault party accountable for the accident.

Continue reading "Chico Woman Killed in Highway 20 Crash with Motor Home in Lake County " »

A 67-year-old Covelo woman died Friday, July 9th, in a violent rollover accident in the Mendocino National Forest, the Chico Enterprise Record reported. The accident, which involved a 1994 Isuzu SUV, occurred at about 8:00 p.m. Forest Road 21N04, about five miles north of Forest Highway 7, the extension of Highway 162.

According to news reports, the driver, Sylvester M. Joaquin, lost control of his SUV and the vehicle struck a tree, rolled multiple times, and then became wedged against another tree. The driver was able to get out on his own, along with two other passengers identified as Angie Lynn Joaquin, 36, and Frances Y. Hoaglen, 47. A third passenger, Fern G. Joaquin, 69, of Covelo, remained trapped in the vehicle and died at the scene of the crash. The three survivors were taken to Enloe Medical Center in Chico with major injuries.

The Glenn County Sheriff's Department, the Department of Fish and Game, and the California Highway Patrol all responded to the crash, along with a medical helicopter and an ambulance. Authorities reported that everyone involved in the accident was wearing a seat belt, and alcohol was not believed to be a factor. The cause of the crash remains under investigation.

Rollover Accidents and Product Liability Issues

Solo vehicle sport utility vehicle rollover accidents have unique legal issues. If it is determined that a defect in the vehicle (or a vehicle part, such as a tire) caused this fatal rollover accident, the manufacturer of the vehicle or vehicle part may be financially liable for the wrongful death and serious injuries of the occupants. While this accident remains under investigation by law enforcement, the family members of the victims may benefit from seeking a consultation with an experienced northern California SUV rollover accident lawyer about their rights following this Glenn County accident.

Continue reading "Covelo Woman Killed, Three Others Injured in Rollover Crash in Mendocino National Forest " »

Seven people suffered injuries from minor to moderate when a stendent driver making a left hand turn struck them in a marked crosswalk. The Alameda County pedestrian accident occurred at around 7:55 p.m., at the intersection of Vallecitos Road and Wetmore Road, the Mercury News reported.

According to news reports, the pedestrians were crossing Vallecitos road when a 20-year-old student driver with a learning permit struck them. One of the pedestrians, a 46-year-old Southern California woman, was airlifted to John Muir Medical Center in Walnut Creek, where she remained hospitalized Monday with leg fractures. Two other pedestrians were taken to Eden Medical Center by ambulance. The others suffered minor injuries.

Pedestrian Accidents and Personal Injury Liability

When a driver's negligent actions cause serious injury to pedestrians, the injured victims may be entitled to compensation for their injuries in a civil claim. Damages may include money for medical bills, lost earnings related to an accident, and pain and suffering. While this Livermore pedestrian accident remains under investigation, the victims may benefit from contacting a northern California pedestrian accident attorney who can help them protect their legal rights and obtain maximum compensation for their injuries.

Continue reading "Seven Pedestrians in Crosswalk Hit by Car Driven by Woman Learning to Drive " »

A 4-year-old Gilroy boy very tragically died Sunday night after a drunk driver going home from a heavy metal concert struck his family's pickup truck on Highway 101, Mercury News reported. The fatal crash occurred on southbound Highway 101 near Bailey Avenue at about 6 p.m. According to news reports, a family of four pulled over on the shoulder of Highway 101 after their truck broke down. The mother and a 12-year-old girl exited the vehicle safely and were not hurt. However, as the father was unbuckling his 4-year-old son from the back of the family's pickup truck, the truck was rear-ended by a Ford F-150 pickup truck going between 65 and 70 mph.

The impact caused a toolbox in the back of the Chevy to go flying right into the young boy's head. He was barely breathing when emergency responders arrived at the scene. A LifeFlight helicopter flew him to San Jose Regional Medical Center where he died of his injuries. The Santa Clara County Coroner's office identified the boy as Jose Cortes-Diaz of Gilroy. Cortes-Diaz's father suffered a fractured rib and a broken jaw.

According to the CHP, the driver of the Ford F-150, James "Jimmy" Francis Lee told officers that he fell asleep. After being treated for minor injuries, Lee was booked into Santa Clara County Jail on charges of felony DUI and vehicular manslaughter while intoxicated.

Cause of the Highway 101 Crash

Although the cause of the July 11th crash is still under investigation, if news reports are accurate, this accident was caused by the drunk driver, James F. Lee. Our condolences go out to the family of Jose Cortes-Diaz, who was the innocent victim of a completely preventable tragedy. It is especially heartbreaking that the entire family witnessed the horrific accident firsthand, and it will forever be a part of their lives. Please keep this entire family in your prayers during this surely very difficult time.

DUI Accidents and Wrongful Death Liability

No parent should ever have to witness their child die before their eyes. When a loved one is lost due to the negligent actions of another (in this case, drinking and driving), families may seek justice for their unexpected and devastating loss in a wrongful death claim. Civil damages awarded may include compensation for funeral and burial expenses, anticipated future lifetime earnings of the victim, and loss of love, care and companionship. Although no money could ever undo the pain of an accident or bring back an innocent life lost, a wrongful death action can hold the driver accountable for his actions and help the family recover compensation for their financial loss. In certain cases involving drunk drivers in California, additional punitive damages may be awarded, which may be substantial.

Continue reading "4-Year-Old Boy Killed in Highway 101 Crash; Driver Arrested on Suspicion of DUI " »

The CHP is investigating an accident that killed a pedestrian early Tuesday morning in Contra Costa County. The accident was reported in the eastbound lanes of Highway 4 near Somersville Road, at about 1:10 a.m. The victim was identified as Ryan David Sears, 26, of Antioch. According to the Contra Costa Times, The 51-year-old driver of the vehicle that struck him contacted the CHP and reported that something from the right hand shoulder of the road appeared to strike his pickup truck. The fatal pedestrian accident remains under investigation.

Anyone with information about this July 6th Highway 4 accident may contact the California Highway Patrol at (800)TELL-CHP or the Contra Costa area field office at (925)646-4980.

Cause of the Fatal Pedestrian Accident

Based on the limited information in news reports, it is not clear why this accident occurred. At this point, there are more questions than answers. Did Sears walk into the path of the pickup truck, or did the pickup truck go off the road and strike Sears? How fast was the pickup truck going when it hit Sears? The CHP stated that there was evidence that Sears had consumed alcohol before his death, although it was not clear what that evidence was.

Pedestrian Accident Wrongful Death Liability

If the pickup truck driver is determined to have caused or contributed this accident, he may be liable for the death of David Sears. While this pedestrian accident remains under investigation, the family members of the victim would be well-advised to speak with a California wrongful death attorney about the incident and the unique legal issues involved. An experienced lawyer can help the victim's family understand their legal rights, options and responsibilities, as well as advise them of their best course of action to protect their rights going forward.

Continue reading "Pedestrian Struck and Killed on Highway 4 in Antioch " »

A 15-year-old girl and a 14-year-old boy suffered very serious injuries when they were struck by a 1997 Ford Aerostar van Thursday evening in Benicia, the Vallejo Times-Herald reported. The Solano County pedestrian accident occurred at about 8:20 p.m. in a crosswalk at Military West at West 2nd Street. A third teen walking with the two victims was not struck. The teens were crossing northbound when they were struck by the westbound van.

The young victims were identified as Lacey Wilson, 15, and Jordan Hebert, 14, both of Benicia. They were taken to the trauma center at John Muir Medical Center in Walnut Creek following the July 1st crash. Both remained hospitalized the next day; Wilson suffered potentially life-threatening injuries and was in critical condition in the intensive care unit, the Times-Herald reported.

The driver of the 1997 Ford Aerostar van, identified by Benicia Police as Bruce Ricketts, 49, showed no signs of alcohol intoxication or impairment, police said. He provided a blood sample and is said to be cooperating with the investigation. So far, he has not been cited. Police have not determined how fast the van was traveling; the posted speed limit on Military West is 35 mph.

Please keep the young victims of this Benecia pedestrian accident in your prayers. We hope they both make a full recovery from their undoubtedly very serious injuries.

Cause of the Pedestrian Accident

The cause of the accident remains under investigation by the Benicia Police Department's specialized Traffic Unit. It is not clear why the driver of the Aerostar van did not see the teens in the marked crosswalk.

Continue reading "Teen Pedestrians Struck, Seriously Injured in Benicia Crosswalk " »

In personal injury news, Verizon Communications has reportedly agreed to pay a $7 million wrongful death settlement to the family of a 49-year-old man killed in a head-on collision on the morning of September 23, 2009 in Santa Barbara. The crash occurred when a Verizon employee drove his Verizon work truck southbound in the northbound lanes of Highway 101 for a total of eight miles, before colliding head-on with a minivan driven by Joe Vega, who died in the crash.

The Verizon employee, Mark Selander, was reportedly suffering from a diabetic reaction when the collision occurred, which involved a total of six vehicles. Selander only suffered minor injuries.

According to the Santa Barbara Independent, the $7 million amount will be split among five family members with Vega's widow receiving $4 million and his children and grandchildren collecting either $1 million or $500,000 each. According to the attorney for the victim's family, the Verizon employee reportedly had prior diabetic reaction incidents that were not properly addressed, and Verizon reportedly had knowledge of his health situation but did not do anything about it.

Continue reading "Verizon to Pay $7 Million Settlement to Family of Man Killed by Wrong-Way Driver " »