September 2010 Archives

September 29, 2010

Eskaton Nursing Home Care Center Fined $100K For Negligence Resulting in Patient Death

nursing-home.jpgA northern California nursing home was fined $100,000 by the California Department of Public Health after an incident that resulted in the death of a 60-year-old patient, the Los Angeles Times reported. The incident occurred on Juy 20, 2008 at the Eskaton Care Center Manzanita, located in Carmichael. According to news reports, a 60-year-old patient, who was not named, was being moved from a wheelchair to a bed using a mechanical sling lift. During the transfer, the sling holding the woman broke and the woman fell and hit her head on a nearby door. She was taken to a local emergency room where she suffered brain damage, bleeding in the brain, and a stroke. She died as a result of her injuries four days after the fall.

The sling that broke was reportedly supposed to be checked monthly, but had not been checked in five years. A state investigator found the care facility failed to maintain the lift. According to a press release by the California Department of Public Health, "The facility failed to ensure the health and safety of a patient when the facility failed to follow their safety procedures and ensure maintenance of equipment which resulted in the death of the resident." The seven page report of the incident can be found here. The Class AA fine against the facility is the most severe possible under state law.

The company's chief operating officer stated was uncertain whether the penalty would be appealed. In the wake of an audit earlier this year, the California Department of Public Health has promised to be act more aggressively in collecting fines from facilities that violate regulations.

Nursing home neglect results in serious injury or death for thousands of nursing home residents every year. When the actions of nursing home facilities and their staff result in serious injury or death to patients, the facilities may be held financially accountable for the injuries or death they cause. The northern California nursing home neglect attorneys at Estey Bomberger have successfully represented numerous victims of nursing home neglect and their families. If a loved has suffered serious injury in a nursing home, contact the northern California nursing home abuse lawyers at Estey Bomberger to discuss your potential case.

Continue reading "Eskaton Nursing Home Care Center Fined $100K For Negligence Resulting in Patient Death " »

September 28, 2010

Oakdale Couple Injured in Left-Turn Motorcycle Accident on Highway 4

An Oakdale couple suffered serious injuries in a motorcycle accident in Calaveras County on Monday afternoon, ThePineTree.net reported. The collision occurred on Highway 4 at Ponderosa Road in the Vallecito area at about 3:45 p.m.. According to the CHP, Kenneth Dray, 61, and Marjorie Dray, 48, were riding their 2007 Harley Davidson motorcycle westbound at approximately 55 mph approaching Ponderosa. Brandon Badgley, 17, of Mi Wuk Village, was driving a 1995 Chevrolet pickup truck eastbound on Highway 4 when he slowed at the intersection to turn left onto Ponderosa. He apparently failed to yield to the right-of-way of Kenneth Dray's Harley Davidson and turned into the path of the motorcycle. The collision caused both riders of the motorcycle to be fully ejected simultaneously. Both Kenneth Dray and Marjorie Dray were seriously injured and taken to Mark Twain St. Joseph's Hospital in San Andrea. Brandon Badgley was not injured.

Cause of the Calaveras County Motorcycle Accident

The cause of the major injury motorcycle crash remains under investigation by the CHP. However, if news reports are accurate, this September 27th Calaveras County motorcycle crash was likely caused by the driver of the pickup truck, who apparently failed to yield to the right-of-way of the Harley Davidson. The law pertaining to left turns is stated in California Vehicle Code Section 21801: "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."

Left-Turn Motorcycle Accidents

The left-turn accident is a common type of motorcycle accident caused by the driver of a passenger vehicle. This type of motorcycle accident is especially common involving young, inexperienced drivers who only look for passenger vehicles and negligently fail to look for motorcyclists and yield to their right-of-way. Earlier this month, a 26-year-old Butte County man suffered severe injuries in a left-turn motorcycle accident in Paradise caused by a 17-year-old driver. In July, a Twain Harte motorcyclist suffered serious injuries in a left-turn motorcycle accident in Copperopolis caused by a 19-year-old driver.

Personal Injury Liability Issues

In situations such as this September 27th Highway 4 motorcycle crash, the family members of the injured victims would be well-advised to consult an experienced and knowledgeable northern California motorcycle accident attorney. An attorney who has represented numerous victims of left-turn motorcycle accidents can advise the victims and their families of their best course of action to protect their legal rights and recover the maximum financial compensation for their injuries sustained in this accident, including full and fair compensation for medical care expenses, lost earnings, pain and suffering and other related damages.

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September 28, 2010

68-Year-Old Madera Man Killed in Hit-and-Run Pedestrian Accident

Madera Police are looking for the driver of a white Volkswagen Jetta that fatally struck a 68-year-old Madera man Saturday night, the Fresno Bee reported. The fatal hit-and-run accident occurred at about 8 p.m. at the intersection of Sixth Street and South A. Street on Saturday, September 25th, 2010. The victim was identified as Eladio Lemus, 68, of Madera. Anyone with information about the accident is urged to call Madera Police at (559) 675-4212.

Hit-and-Run Accidents and the Law

Under California Vehicle Code Section 20001, "The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident." Hit-and-run accidents are devastating incidents - there is absolutely no reason to not stop at the scene of an accident, regardless of who was at fault or how an incident occurs. For the sake of the family of the Eladio Lemus, we hope that the driver is located or turns himself or herself in shortly.

Hit-and-Run Accidents and Wrongful Death Liability

In situations such as this one, where a pedestrian is the victim of a hit-and-run accident, the family members of the victim may benefit from speaking to a knowledgeable northern California hit-and-run accident lawyer. A knowledgeable attorney who has represented numerous families of victims of hit-and-run accidents may be able to aid in the investigation and preservation of evidence, as well as advise the family of the victim's legal rights in the event the driver is not located. If the victim had an automobile insurance policy, the victim's family may be entitled to compensation for their loss from that policy. If the driver is located and determined to be at least partially at fault for the accident, the victim's family may be able to pursue compensation against the driver in a civil claim for wrongful death.

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September 27, 2010

Young Boy Killed, Four Others Injured in Crash Caused by Suspected Red-Light Runner in Fresno

northeast-fresno-accident.jpgA nine-year-old boy, identified by authorities as Jason Cuellar, tragically died Sunday when a woman driving a Ford Explorer ran a red light and slammed into the side of the Honda Civic he was riding in, ABC 30 Local News reported. The fatal accident occurred shortly before 6 p.m. Sunday evening at the intersection of Champlain Drive and Shepherd Avenue in Northeast Fresno. Cuellar was taken to Saint Agnes Medical Center where he died of his injuries. Four other people, including two of Cuellar's siblings, suffered injuries ranging from moderate to major. According to the Fresno Bee, a third vehicle was involved in the crash - a yellow Volkswagen, but the driver of that car was not hurt.

Our sympathy goes out to the family of Jason Cuellar. Losing a young child in an accident such as this one is absolutely heartbreaking and saddening. Please keep his family and loved ones in your prayers as they are grieving this terrible loss.

Personal Injury and Wrongful Death Liability

The cause of the accident remains under investigation. However, if news reports are accurate, it appears that the driver of the SUV may be responsible for this accident. If it is ultimately determined that the driver of the SUV ran the red light is responsible for this accident, she may be liable for the injuries sustained by the occupants Honda, and the wrongful death of Jason Cuellar. In situations such as this September 26th Fresno car accident, the family members of the victims of this accident would be well-advised to contact an experienced northern California car accident lawyer. A knowledgeable attorney who has successfully represented families in accidents causing serious injury or wrongful death to child passengers can help the family hold whoever is responsible for this crash fully accountable for the devastation that resulted for this entire family.

Continue reading "Young Boy Killed, Four Others Injured in Crash Caused by Suspected Red-Light Runner in Fresno " »

September 24, 2010

Oakland Left-Turn Motorcycle Accident Kills 27-Year-Old San Pablo Man

Hegenberger-Leet.jpgA 27-year-old San Pablo man was killed Friday morning when the driver of a Chevy Astro van owned by Sky Chefs made a left turn in front of his bike, the Oakland Tribune reported. The accident was reported at Hegenberger Road and Leet Drive at 5:58 a.m. According to news reports, the motorcyclist, Robert Adams, 27, of San Pablo was riding southbound on Hegenberger Road, while at the same time a Chevy Astro van owned by Sky Chefs (an airline catering and in-flight services provider) was travelling northbound.

The driver of the Chevrolet Astro van, Jose Rodriguez, 46, of Stockton made a left turn onto Leet Drive to head back to company offices. The van collided with Adams' motorcycle. According to police, Adams tried to apply his brakes but collided with the van. He was ejected from the bike and taken to Highland Hospital, where he later died. Rodriguez was not injured in the collision.

Cause of the Oakland Motorcycle Accident

The cause of the accident remains under investigation. Investigators are asking anyone with information or who witnessed the collision to contact traffic Officer Peter Hubbert at (510) 851-2127. If news reports are accurate, it sounds as though the driver of the Sky Chefs van may be responsible for this accident for making an unsafe left turn into the path of the motorcycle. The state law pertaining to left turns is found in California Vehicle Code Section 21801: "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."

Left-Turn Motorcycle Accidents and Wrongful Death Liability

This accident has a number of unique legal issues, especially since the van that struck the motorcyclist was a company-owned vehicle. In situations such as this September 24th Alameda County motorcycle accident, the family members of the victim may benefit from speaking to an experienced motorcycle accident lawyer. A motorcycle accident attorney who understands the unique legal issues of left-turn accidents can help the family understand and protect their legal rights to pursue compensation against the at-fault party and advise them of their best course of legal action. Damages awarded in a wrongful death claim may include damages for funeral and burial expenses, anticipated lifetime lost earnings of the decedent, and loss of love, care and companionship.

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September 22, 2010

Three-Year-Old Madera Boy Struck and Killed by Hit-and-Run Driver

madera-hit-run.jpgA 3-year-old boy died Tuesday night after he was struck by an SUV at a Madera intersection, CBS 47 reported. The 3-year-old boy, who wasn't identified, was walking ahead of his siblings and cousins when he was struck by a SUV heading westbound on Olive Avenue near the intersection of Olive and Martin Avenue, just off Highway 99. Madera Police said the little boy and his family members were in the crosswalk when the accident occurred. The little boy was taken to Madera Community Hospital following the crash, where he died.

The driver was described as a light skinned female in her 20's, possibly Hispanic. Her vehicle was described with a late model silver or gray Saturn SUV. Anyone with information about the incident is asked to call Sgt. Dino Lawson at (559) 675-4212. For the sake of the victim's family, we hope that the driver involved in this crash turns herself in to law enforcement or is located as soon as possible.

Hit-and-Run Accidents and Wrongful Death Liability

The death of a young child in a preventable accident is something no parent should ever be forced to experience or witness. The fact that a young woman did not stop following this accident is shocking and troubling. Because the driver stopped briefly following the accident, it is evident that she knew that she had struck the young boy. There is no excuse for the driver of the vehicle not remaining at the scene of the crash. Under California Vehicle Code Section 20001, "The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident."

In situations such as this one, the family members of the young victim killed would be well-advised to contact a northern California hit and run accident lawyer about the accident, the efforts to locate the driver, and the liability issues involved. In the event the driver is located, an attorney may be able to help the family pursue compensation for their loss in a wrongful death claim against the at-fault driver. In the event that the driver is not located, an attorney may be able to help the family recover compensation for their loss from their own insurance policy, if they had one.

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September 22, 2010

Bicyclist Struck and Killed September 21st in Elk Grove

sheldon-lewis.jpgA male bicyclist was tragically struck and killed by a Honda minivan Tuesday morning in Elk Grove, the Modesto Bee reported. The fatal bicycle accident occurred at the intersection of Sheldon Road and Lewis Stein Road, at about 7:28 a.m. According to news reports, the cyclist was riding northbound on Lewis Stein Road, and the minivan was travelling eastbound on Sheldon Road. Police reported that the cyclist was travelling in or near a marked crosswalk when the minivan struck him. It was not clear who had the right-of-way or how fast the Honda was traveling when the collision occurred.

Cause of the Elk Grove Bicycle Accident

Based on the only limited information provided in news reports, it is not clear who was responsible for the fatal collision. The incident is under investigation by Elk Grove Police Department Traffic Bureau. Anyone with information regarding the fatal September 21st Sacramento County bicycle accident is asked to call (916) 478-8148.

Bicycle Accidents and Wrongful Death Liability

If it is determined that the driver of the minivan is responsible for this fatal accident, he or she may be liable for the wrongful death of the cyclist. In situations such as this September 21st Elk Grove bicycle accident, where the cause of a fatal car vs. bicycle accident is unclear, the family members of the victim may benefit from speaking to an experienced northern California bicycle accident attorney. A lawyer who is also a cyclist and who specializes in representing victims of major injury bicycle accidents and their families can provide the family with advice and insight into their legal rights and any unique legal issues that may be relevant to pursuing a wrongful death claim for compensation for funeral and burial expenses, lost earnings and benefits, and loss of love, care and companionship.

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September 11, 2010

San Bruno Explosion Investigators Evaluate Possible Causes

san-bruno-explosion-fire.jpgAs firefighters are continuing to look for victims of the deadly September 9th San Bruno natural gas explosion, investigators have begun their work to determine what led to the massive blast and resulting fire that is responsible for killing at least six people. The agency responsible for investigating pipeline accidents is the National Transportation Safety Board (NTSB). NTSB officials are already at the scene of the explosion in San Bruno and have begun their investigation, which will undoubtedly take months.

One San Bruno resident, Tim Gutierrez, reportedly told CNN that he had smelled gas three weeks ago and contacted Pacific Gas & Electric who came to the scene. Although it was not clear what PG&E did, Gutierrez continued to smell gas, along with other residents. Investigators will surely probe into how many people contacted PG&E before the explosion, and what PG&E did. Other questions that will likely be answered in the course of the investigation include:

• Has the pipe involved in the explosion failed before?
• When was the pipeline (built in 1956) most recently inspected?
• Did PG&E properly train field representatives on the use of gas-detection equipment and grading leaks outdoors?

According to the National Fire Protection Association, natural gas explosions cause about 2,000 home fires each year. The most recent incident involving PG&E was in Decemter 2008, when a Rancho Cordova resident was killed in an explosion sparked by a natural gas leak in his hose. The NTSB determined that the leak was the result of an inadequate piece of polyethylene pipe that PG&E crews installed in 2006.

Explosions and fires are common causes of serious burn injuries, often requiring hospitalization, skin grafts, plastic surgery, and other costly medical treatment. If you suffered a burn injury as a result of a natural gas explosion, you may be entitled to compensation from whoever is responsible for your injuries. After any accident, victims would be well-advised to speak to a knowledgeable natural gas explosion personal injury lawyer who can help them preserve and protect their rights, and recover the maximum monetary compensation they are entitled to for injuries, medical care costs, lost earnings, pain and suffering, and property damage.

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September 10, 2010

Driver and Passenger Suffer Major Injuries in Alcohol-Related Crash Near Forbestown

challenge-cut-off.jpgTwo residents of Yuba County suffered major injuries early Friday morning in a suspected alcohol-related crash near Forbestown, the Appeal Democrat reported. The major injury accident occurred on Challenge Cut Off Road north of La Porte Road at about 12:25 a.m. According to news reports, the driver, Andrew Fiske, 21, of Browns Valley, was driving a 1992 Mazda Miata northbound on Challenge Cut Off Road when he took a left curb too quickly and lost control of his vehicle. The Miata went off the road and overturned multiple times down a hill for about 100 feet. Fiske was ejected from the vehicle and suffered major injuries. His passenger, David Zabala, 42, of Loma Rica, also suffered major injuries. Fiske was taken to Rideout Memorial Hospital in Marysville and Zabala was taken to Oroville Hospital. Fiske was arrested on suspicion of driving under the influence of alcohol causing injury.

Cause of the Crash

Although the cause of the September 10th accident remains under investigation by the CHP, if news reports are accurate, this crash was almost certainly caused by the suspected drunk driver. Under California Vehicle Code Section 23152 (a), "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."

DUI Accidents and Passenger Injury Liability

If Fiske is determined to be responsible for causing this major injury accident, in addition to criminal charges, he may be liable for the injuries sustained by his passenger as a result of this accident. While the cause of the crash remains under investigation, the family members of the injured passenger would be well-advised to consult with a northern California drunk driving accident lawyer. An attorney who has successfully represented dozens of seriously injured passengers of alcohol-related accidents can advise the victim's family of their best course of action to protect their rights and help the victim recover the maximum compensation he may be entitled to for his injuries, including medical expenses, lost earnings, and pain and suffering.

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September 10, 2010

Man in Wheelchair Struck and Killed on Highway 20

highway-20.jpgA 73-year-old Ukiah man was found dead Thursday morning off the side of Highway 20, the Santa Rosa Press Democrat reported. The man, whose name was not immediately released, was found by a Caltrans Worker at about 8:50 a.m., west of Reclamation Road. Based on the evidence found at the scene, authorities determined that the vehicle that struck the man was a silver Honda Civic made between 1993 and 1995. The vehicle had been travelling west on Highway 20 when it veered onto the shoulder and struck the elderly man in his wheelchair. The driver fled the scene.

Officers later located a Honda Civic in Nice with right-side damage. They interviewed the driver, Manuel Herrerra, 30, and arrested him on suspicion of hit-and-run. According to the Press Democrat, Herrera told authorities he was running late for work and travelling up to 80 mph when he struck the man on the shoulder of the highway.

Cause of the Fatal Highway 20 Crash

The cause of the fatal Lake County crash remains under investigation. Based on the news reports of the incident in the Lake County Record Bee and the Press Democrat, it appears that this accident was caused by the negligent driving of Manuel Herrerra. There is no excuse for failing to stop at the scene of an accident causing injury or death. - it is required by law under California Vehicle Code Section 20001. It is unclear exactly how this particular accident occurred, but it is possible that if Herrera had stopped at the scene and called 911, this man might have been able to receive medical treatment that could have saved his life.

Hit-and-Run Accidents and Wrongful Death Liability

In addition to criminal charges for causing this accident and failing to remain at the scene of this crash, the at-fault driver may also be held liable in a civil claim for the victim's wrongful death. In situations such as this one, where the driver of a car is suspected to be responsible for killing a pedestrian, the victim's family may benefit from speak to a knowledgeable northern California wrongful death lawyer. An attorney who has successfully represented victims of hit-and-run accidents on state highways will be able to advise the victim's family of their best course of action to protect their rights, hold the driver accountable, and recover the maximum financial compensation they are entitled to receive.

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September 9, 2010

Redding Woman Critically Injured in Suspected Alcohol-Related Crash

A 21-year-old Redding woman suffered critical injuries in an accident early Tuesday morning in Shasta County, the Record Searchlight reported. The woman, identified by the California Highway Patrol as Emily Jean Weaver, was a passenger in a vehicle driven by Stephen J. Bakerrubio, 21, also of Redding.

old-oregon-trail.jpgBakerrubio was reportedly driving southbound on Old Oregon Trail North at 2:55 a.m. at an unknown speed when he lost control of his vehicle. The car spun out, struck an embankment and then a telephone pole guy wire. The vehicle overturned and both Bakerrubio and Weaver were ejected. Both occupants were transported to Mercy Medical Center. Bakerrubio only suffered minor injuries, and Weaver suffered critical injuries and was placed on life-support. Bakerrubio was arrested on suspicion of felony driving under the influence of alcohol, the Record Searchlight said.

Alcohol-Related Accidents and Personal Injury Liability

If news reports are accurate, this crash was caused by Bakerrubio, who authorities arrested on suspicion of driving under the influence of alcohol. However, the cause of the crash remains under investigation. In situations such as this one, where a drunk driver is suspected of causing a crash that gravely injures a passenger, the family members of the injured passenger would be well-advised to contact a northern California drunk driving accident lawyer. An attorney who has represented passenger victims of alcohol-related accidents can help the victim's family protect their legal rights and ensure the at-fault driver is held not just criminally responsible, but also financially accountable for the devastation he is suspected to have caused.

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September 8, 2010

Pedestrians Struck by Lexus in Gated Hayward Community

stonebrae-map.jpgA 53-year-old woman and her 22-year-old son were both taken to the hospital Tuesday afternoon after they were struck by a Lexus SUV, the Oakland Tribune reported. Emergency responders were notified of the accident around 1:45 p.m. The woman and her son were walking in the 200 block of Drummond Drive in the community of Stonebrae when a woman driving the SUV plowed over a curb and struck them. The vehicle came to rest between two trees and a mailbox. The driver of the Lexus told police she had fallen asleep at the wheel. The female pedestrian suffered a broken leg and her son suffered minor injuries. The mother and son were taken to Eden Medical Center, and the driver was taken to Kaiser Permanente Medical Center as a precaution.

Cause of the Hayward Pedestrian Accident

The cause of the injury pedestrian accident remains under investigation. Based on the limited information provided in news reports, it is not clear exactly what happened. Hayward Police said there was no indication that drugs or alcohol played a role in the incident. The driver told police that she fell asleep at the wheel.

Personal Injury Liability

If the driver of the Lexus is determined to be responsible for this crash, she may also be liable for the injuries sustained by the two people she struck. In situations such as this one, where a driver is likely responsible for an accident resulting in serious injury, the family of the injured victim would be well-advised to speak to a northern California pedestrian injury lawyer. A knowledgeable and experienced accident lawyer who has represented victims of sidewalk knockdown injury accidents can advise the victims of their best course of action to protect their legal rights and ensure they receive the maximum compensation they are entitled to for their injuries, medical expenses, lost earnings and pain and suffering as a result of this September 7th pedestrian accident in Hayward.

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September 7, 2010

Paradise Motorcyclist Struck by Teen Driver Making Left Turn

pentz-road.jpgA 26-year-old Paradise man suffered severe injuries Monday afternoon in a collision with an SUV in Butte County, the Paradise Post reported. The crash occurred on Pentz Road at about noon, near Ponderosa Elementary School. According to news reports, the motorcyclist, Daril Lee, was riding south on Pentz Road, while at the same time, a 17-year-old boy was driving a white Chevy Blazer northbound on Pentz. The teen driver of the Blazer reportedly saw one of his friends pass him going south. He made a sudden left turn into the elementary school parking lot to turn around, and collided with Daril Lee and his motorcycle. Lee, who was wearing a helmet, was flown by Enloe FlightCare helipoter to Enloe Medical Center.

Cause of the Butte County Motorcycle Accident

The Paradise Post reported that officers said that the teen driver of the Blazer appeared to be responsible for the accident, which remains under investigation. 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." Based on the facts reported of this September 6th accident, the motorcyclist likely had the right-of-way.

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September 7, 2010

Child Struck by Car in Boyes Hot Springs

medical-helicopter.jpgA 2-year-old boy tragically suffered serious injuries Monday afternoon after being struck by a car near the La Hacienda taqueria in Boyes Hot Springs, KGO-TV News reported. The major injury accident was reported at 12:23 p.m. in the parking lot of the taqueria at 100 Boyes Boulevard and Highway 12. The child, who was not identified, was airlifted by REACH helicpoter to Children's Hospital Oakland with a broken arm, shoulder injuries and other serious injuries.

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September 3, 2010

Elderly Woman Crossing Street Struck and Killed in San Francisco

cole-and-waller.jpgA 70-year-old San Francisco woman tragically died after she was struck by a Toyota Prius Wednesday morning in San Francisco, authorities reported. The fatal pedestrian accident occurred in the Upper Haight neighborhood Wednesday morning at 7:58 a.m., at the intersection of Waller and Cole streets. Joyce Lau, a longtime San Francisco resident, was struck by a Toyota Prius driven by Iddo Avital, 26. Lau was reportedly in a marked crosswalk when she was struck. She was rushed to a hospital where she died early Wednesday afternoon. Avital initially fled the scene following the accident, but a witness was able to provide a partial license plate to police, who later tracked down Avital at his home and arrested him on suspicion of felony hit-and-run.

Cause of the Accident

The cause of the fatal pedestrian accident remains under investigation by the San Francisco Police Department. However, if news reports are accurate, this accident was caused by the driver of the Prius. It is fortunate that witnesses were able to provide information to locate the driver who fled the scene of the crash.

Hit-and-Run Accident Wrongful Death Liability

In situations such as this one, the driver who caused this pedestrian fatality may face criminal charges for failing to remain at the scene of the accident. Under California Vehicle Code Section 20001, "The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident."

Additionally, the hit-and-run driver may be held financially responsible for the victim's death in a civil wrongful death claim. While this accident remains under investigation, the family of the victim may benefit from speaking to a knowledgeable northern California wrongful death lawyer about their situation and their legal rights as a result of this accident. An experienced attorney can advise the family of their best course of action to hold the driver financially accountable and responsible for his actions. In the event the driver was uninsured or underinsured, an attorney may be able to help the family recover compensation from the victim's own insurance policy, if she had one.

Continue reading "Elderly Woman Crossing Street Struck and Killed in San Francisco " »