Northern California Accident Attorney Blog

A Sonora man died earlier this month after he was ejected from his Polaris ATV while riding in Stanislaus National Forest, the Modesto Bee reported. The fatal accident occurred at about 7:30 p.m. on Saturday, October 16th. According to news reports, the victim, William Robert Clark, 47, was riding his 2007 Polaris ATV on Forest Route 4N12 in the Pinecrest area when he passed two other vehicles and apparently failed to negotiate a curve. The ATV went off the road and Clark suffered fatal head injuries, despite wearing a helmet. The cause of the accident remains under investigation.

Polaris ATV Defects and Recalls

Polaris Industries, founded in 1954 and based out of Medina, Minnesota, has issued a number of recalls for serious manufacturing, design, and assembly defects in the last few years. Many of these recalls have been initiated after Polaris received reports of fatal accidents or accidents resulting in serious injury. Although ATV riding is inherently dangerous and risky, after any accident, it is important to look at whether the vehicle itself was the true cause of the crash. In situations such as this one, if a defect of the vehicle caused the ATV rider to lose control and crash, Polaris could be liable for the victim's death in a wrongful death claim. While this accident is under investigation, the family members of the victim may benefit from talking to a Polaris ATV accident attorney about the crash and the potential wrongful death liability issues involved.

Continue reading "Sonora Man Killed in ATV Accident in Stanislaus National Forest" »

Two girls were rushed to UC Davis Medical Center with critical injuries after they were struck by a Scion in a Sacramento crosswalk, KCRA News reported. The accident occurred shortly before 8 a.m. at Broadway & Martin Luther King, Jr. Boulevard. KCRA News reported that the two 17-year-old girls, who were not identified, were in a crosswalk when they were struck, however, News 10 reported the teens may not have been in the crosswalk. The Scion was estimated to be going about 30 mph when the collision occurred. The impact threw the girls about 50 to 75 feet.

Cause of the Pedestrian Accident

The cause of the Sacramento pedestrian accident remains under investigation by the Sacramento Police Department. KCRA News said that police stated the low angle of the sun may have been a factor. The law regarding pedestrian right of way at crosswalks can be found in the California Vehicle Code Section 21950: "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection..."

Pedestrian Accident Personal Injury Liability

In situations such as this one, where pedestrians suffer major injury from being struck by a car while crossing the street in a marked crosswalk, the parents of the two injured victims may benefit from speaking to a knowledgeable and experienced northern California pedestrian accident lawyer. An attorney who understands the unique legal issues of car vs. pedestrian accidents in marked crosswalks can help the families of the young victims protect their rights to maximum financial compensation for their serious injuries, including medical care costs and pain and suffering.

Continue reading "Two Girls Walking to School Struck by Scion in Sacramento " »

A 26-year-old Fairfield man was tragically killed early Saturday morning in a crash on Interstate 80, according to the Vacaville Reporter. The victim, Joshua Murril, 26, was a front-seat passenger in a 2001 Toyota Camry driven by Nathan Martorelli, 26, also of Fairfield. Also in the vehicle was Samantha Goeringer, 22, also of Fairfield. The three were travelling on westbound Interstate 80 in Vacaville shortly before 2 a.m. when Martorelli allowed the vehicle to drift of the roadway and strike a tree. The accident occurred near the beginning of the guardrail to the east of the Mason Street undercrossing.

Murril, Goeringer, and Martorelli all suffered major injuries in the crash, but Murril was unconscious when emergency responders arrived at the scene. Both Martorelli and Murril were pinned inside the vehicle and had to be extricated by Vacaville firefighters. Murril was flown to University of California, Davis, Medical Center, where he later died. Martorelli was flown to John Muir Medical Center in Walnut Creek, and Goeringer was taken by ambulance to UC Davis Medical Center.

Cause of the Interstate 80 Accident

If news reports are accurate, this Solano County accident was likely caused by the suspected drunk driver of the Toyota Camry, Nathan Martorelli, who was arrested on suspicion of felony DUI and vehicular manslaughter. However, the cause of the October 16th Interstate 80 accident remains under investigation by the California Highway Patrol.

Alcohol-impaired driving crashes destroy lives and families. Accidents caused by drunk drivers are senseless tragedies that are 100% preventable. According to Mothers Against Drunk Driving (MADD), alcohol-impaired driving is the most commonly committed violent crime in the United States. On average, someone is killed by a drunk driver every 40 minutes. Our condolences go out to the family and friends of Joshua Murril, and everyone who knew him and loved him.

Continue reading "Passenger Killed, Two Others Injured in Suspected DUI Crash on Interstate 80 " »

USA Today reported today that Mercedes-Benz is recalling 85,078 of its 2010 and 2011 C-Class and E-Class sedans, and 2010 and 2011 E-Class Coupe and Cabriolet cars because of a possible power-steering problem. According to the automaker, the power steering could fail due to loss of power steering fluid. In that event, the automaker said, drivers "may not have sufficient control of the vehicle in areas, such as parking lots, where maximum power steering is required, increasing the risk of a vehicle crash." Mercedes-Benz says owners may return the cars to dealers, who will check the powering steering systems for free.

Safety problems such as this one must be remedied without cost to consumers, under federal law. When vehicle accidents are caused by defects in vehicles, the manufacturer of the vehicle may be liable for serious injuries or deaths sustained by the victims. After any accident involving a recalled vehicle, victims and their families would be well-advised to consult an experienced and knowledgeable northern California defective products lawyer about their legal rights and any unique legal issues involved.

Continue reading "Mercedes-Benz Recalls 85,000 C-Class and E-Class Cars for Power Steering Problem " »

Brain injuries are serious injuries that may have life-long mental or physical effects on a victim (and their family). When brain injuries are serious, the cost of long term care and rehabilitation can cost hundreds of thousands of dollars, if not more. In situations where a traumatic brain injury is the result of another person or party's negligent, reckless, or careless conduct - whether in an auto accident, bicycle accident, pedestrian accident, construction accident, slip and fall or any other serious accident, brain injury victims may be entitled to compensation for their injuries, including their medical expenses, lost earnings, loss of earning capacity, pain and suffering, and other injury-related expenses. If you or a loved one has suffered a traumatic brain injury and you would like more information about your legal rights, visit the Brain Injury Legal Help Center at www.brain-injurylawyers.com.

Slip and fall accidents can result in serious injury to any part of the body. When injuries are serious, the cost of an injury, including caring for an injured victim, the loss of earnings due to not being able to work, and the pain and suffering endured by the victim, may be substantial. If you have suffered a serious injury in a slip and fall accident, contact the northern California slip and fall accident attorneys at Estey Bomberger to discuss your legal rights and options to pursue compensation. All consultations are free, with no obligation. If we handle your case, we are only paid if and when we recover money for you.