Orange County Injury Lawyer Blog

Living in California has its pros and its cons. While most of the country is suffering through extreme weather conditions most Californians, especially Southern Californians, are enjoying warm days at the beach. That right there might seem like a big pro to most people. The cons to this though can be many, including extreme traffic, high cost of living, and now a ranking among the top ten most expensive states for car insurance.

A recent publication by Insure.com has released its study which took a look at insurance premiums across the country and ranked each state from highest to lowest. California actually fell from its ranking at number six last year to number nine this year. One qualifier that might be part of the reason California dropped in ranking is that insurance premiums seem to have fallen from $1,991 last year to $1,709 this year. The report isn't specific about what the exact reasons are for each state's rankings but it does list the reasons insurance premiums might range in cost for each state. Reasons such as: the state's car insurance laws, severe weather that led to higher than average insurance claims in the last year, the amount of competition between insurance carriers, and how many uninsured drivers there are in that state.

The most expensive state to insure a driver goes to Louisiana, mostly due to its state laws that require auto insurance claims to reach $50,000 before they can go to a jury trial. Anything less is given to elected judges who, more often than not, empathize with their constituent instead of the insurance company therefore causing the insurance company to defray costs with higher premiums. Louisiana also falls in the extreme weather category. The least expensive state to insure a driver is Maine. The typical insurance premium is $889, compared to Louisiana's $2,536.

Continue reading "California Ranks Among Top Ten Most Expensive States For Car Insurance" »

Rain is a blessing for our plants and to ease the drought conditions that have been a part of California living for many years but rain is not a welcome sight on the roadways of Southern California. Various car crashes have been reported to California Highway Patrol officers when the inclement weather hits. For example, one driver of a Honda Accord was driving along Brea Canyon Road when her car slid off the road, proceeded to go up an embankment and roll over. Thankfully, she did not suffer any injuries. Another driver, this time operating a Ford Escape, crashed their car along Brea Canyon Road. Again, no injuries were sustained but traffic was jammed as the cars were towed and removed from the scene.

In both these two car accidents officials indicated that speed when combined with the wet roads from the rain had been the determining factors that led to the accidents. Orange County car accident attorneys know that we can't control the weather but we can control how we act in it and it's a good time to revisit some safety precautions to remind us of how to operate our vehicles in the rain. California AAA offices have compiled a useful list of safety tips that all of us can benefit from.

First, drive slowly. Remember that the speed limit indicated for the road or highways are set for ideal road conditions, that means when there is rain those speed limits should be much lower. Consider that your visibility might be reduced and it's a good idea to lengthen the following distance between you and the car in front of you because braking distances increase on wet grounds.

Second, light up your car to increase visibility. Don't assume that just because you are driving in the daylight you can be seen. Turn on your low-beam headlights.

Third, watch for running water or puddles (also known as standing water). A driver can lose control of their car in as little as six inches of water. Most California road areas are not in danger of running water but if you do come across an area that is flooded or has major running water flow do not drive your car through it.

Continue reading "Orange County Rain Can Lead To Automobile Accidents" »

The holiday season is a joyous time. It is a time when families and friends travel to be celebrate together. Unfortunately, it can also be a harrowing time for any involved in auto accidents. Orange County auto accident lawyers were saddened to learn of a family involved in a auto accident over the Thanksgiving holiday week. Shortly after 5 o'clock in the evening three cars were involved in an auto accident that left six people injured. The accident occurred close to the 405 freeway on Seal Beach Boulevard.

Reports of the collision stated that two of the three cars seemed to have been involved in a head-on collision then one of those two cars veered off and hit the third car. The initial investigation has led authorities to believe that the cars involved in the initial head-on collision were probably traveling at high speeds. One car was carrying a family of four, all of which were taken to hospitals in the surrounding area. The drivers of the other two cars were males, also taken to hospitals nearby but none of the injuries sustained by these six people were determined to be life threatening at the scene of the accident. Authorities did note that damage to the vehicles was such that two of the people involved in the three car collision had to be cut from their vehicle by the emergency rescue workers who came to the scene.

Officials are still conducting an investigation into the cause of the accident. Reports indicated that a "multi-agency accident reconstruction team" will be investigating the crash and have asked for any help the public might be able to offer. Accident reconstruction involves many factors to help officials piece together what took place when the collision occurred. There are a few steps officials can take when analyzing the scene of an accident. One step would be that officials can take a close look at skid marks left on the asphalt and analyze speed. Another step would be to look at the metal deformation on the cars involved which can indicate the amount of impact that took place. A third step could be collecting witness statements. A fourth step, analyzing the location of the debris found at the scene, will also give authorities key information for the accident. Lastly, but not least, would be monitoring the point of impact for the vehicles and the point at which the vehicles came to rest.

Continue reading "Orange County Multi Car Crash Leaves Six People Injured" »

Orange County injury lawyers are happy to hear that California does not lead the nation in deaths of children left in hot cars but it is a topic worth discussing nonetheless. A new warning to parents was broadcast by the National Highway Traffic Safety Administration asking them to restrain from leaving young children in cars by themselves. A recent increase in child deaths due to suffocation after being left alone in the car led the NHTSA to issue the mass warning to all who might care for children.

Throughout the summer many organizations partnered together to assist in getting the word out to parents and other child care professionals concerning the risks involved in leaving children unattended in cars. The nationwide campaign for awareness towards this very real problem was kicked off by the organizations Kids in Cars and Safe Kids USA. Unfortunately, it seems that there is nothing malicious about these accidents. For most instances the caregivers are not reckless or negligent but sheer forgetfulness or an honest mistake lead to tragedy. In 2010 the amount of children left in locked cars unattended jumped to more than 15 and then this past summer, beginning in June, another seven children died from hyperthermia. For researchers, this is the highest jump in deaths in a six month period since they began keeping track of fatalities such as these in the late 1990s.

In 1998 researchers began keeping a record of children who died from hyperthermia after being left in hot cars alone and since that time there have been almost 500 deaths. Legislators have been successful in keeping children safer in car accidents by requiring them to be buckled into car seats but this has seemed to effect the amount of children forgotten in cars on a hot day. Researchers estimate that almost 40 children die every year from heat-related exhaustion after being left in a car. Children, especially children four years old and younger, have a lower tolerance to extreme heat because their internal body temperatures rise much faster than that of an adult, between three to five times faster.

Continue reading "Incredibly Hazardous To Leave Children In The Car" »

The anti-drunk driving group Mothers Against Drunk Drivers reports that every day, across the country, there are roughly 2 million drunk motorists who are repeat offenders but back out driving among us. One high profile story two years ago reported of the untimely death of the talented Anaheim Angels pitcher Nick Adenhart when he was killed in an auto accident by a drunk driver who had been on the streets drinking and driving even though their license had been previously suspended. Two other passengers in the car with Adenhart were also killed and the drunk driver was eventually found guilty of three counts of second-degree murder.

Through the years the efforts to decrease drunk driving have included promoting the use of a designated driver, implementing sobriety checkpoints, and increasing fines. When all that is said and done an estimated 10,000 people will most likely die in a drunk driving related accident this year; 1,000 of those deaths will occur right here in California. This supports data that drunk drivers are involved in about a third of all auto accidents across the country. California is putting into action another effort to get these repeat drunk driving offenders off the roads, a new law that takes the license to drive from the offender after being convicted of drinking and driving three times. The new law begins the first of the year 2012. Assemblyman Jerry Hill D-San Mateo authored the bill letting the Department of Motor Vehicles have the control to revoke the license of a convicted drunk driver for up to 10 years after a third offense. Prior legislation had a three year revocation period for the same circumstances.

Continue reading "New Drunk Driving Law To Revoke Licenses" »

Happiness turned to sorrow for a family in the Turtle Ridge Community. (For privacy purposes, names have been withheld.) A man stopped on the side of the road was struck by a 16 year old boy driving his car. The force of the collision was fatal to the man. No words can express the grief that exists when a person is taken away from ones family without any warning. Our love and support goes out to the surviving family members. The Irvine Police Department has not completed its investigation regarding the accident.

Turtle Ridge is a gated community in Irvine, CA. Speeding in Turtle Ridge has become rampant. The speed limit throughout the community is 25MPH. Many families have adapted to the high speed by buying bright orange cones and placing those out on the road while their children are playing. Turtle Ridge community is run by a Home Owner's Association. Each homeowner must pay a certain amount of money each month to the association. This is used to maintain the community. Most importantly it is used to keep the residents safe. The Turtle Ridge association has done little to deter individuals driving in the community from driving recklessly. Currently, they have been planning to build a vineyard within the community.

The association could add stop signs throughout the community. In addition, it could place speed bumps on the more busy streets to help control traffic. If the association had maintained a safe community, the accident could have been avoided.
Johnson Attorneys Group has handled several cases involving home owners associations. The underlying problem has been the association's board members. The board members are those voted in to handle the assets of the association and to make decisions on how to maintain the premises. Normally, the board members are regular residents with normal busy schedules. The board will typically meet every month or two to discuss various issues. An association does not normally have any full time employees other than security guards or maintenance personnel. Therefore, many things are not dealt with in an expedited manner and many important things are missed that are crucial to the safety of its members.

It is time to come together in this hour of sorrow and make sure an accident like this does not happen again.

Continue reading "Fatality in Irvine, Turtle Ridge Community" »

Each day we all use various products in the activities we do, work we perform and lives we lead. For the most part, these products help us and make life easier, more fulfilling, and/or cleaner. There are times when a product we intend to use for a specific purpose does not meet our expectations or perform its duty. At times serious injury or even the threat of loss of life can occur when a product is defective. When this happens a product liability lawsuit is filed. Parties that can be included in this type of filing include but are not limited to those who sold the product, the manufacturer, and distributors.

In one example of a product liability lawsuit a surfer from California is holding the manufacturer of the surfboard he used responsible for the injuries he sustained in 2009 while he was in France surfing. Channel Islands Surfboards, one of the most prominent manufacturers of surfboards, was named in the lawsuit. The surfer alleges that the fin on his surfboard cut his right leg and he had a considerable slash that seriously injured the muscle tissue in his leg. Doctors considered his injuries to be quite severe and were not anticipating that he would be able to recover the complete scope of muscle strength he had once enjoyed in his right leg. The lawsuit goes on to state that the fins on the surfboard are known to be extremely sharp and that surfers are therefore compelled to wrap the fins with a protective coating to decrease their chance of becoming injured.

These dangerous surfboards can be examples of defective design that must be altered before more of the product is produced. Another example of why a product could be included in a product liability lawsuit is when a production or manufacturing defect has taken place for a specific batch and somehow the company did not detect the hazard that needed repair before it released the product for sale to the public. Both the manufacturer and the company whose product it is are responsible to ensure the end product is safe for its intended use. If any of the companies involved in the process of getting their product out to market neglect to issue a recall or warn their consumers about defects or potential problems they are also in a position to be held liable for the dangers that might be encountered.

Continue reading "Major Surfboard Manufacturer Named In California Surfer's Product Liability Case" »

Last week's post for this personal injury blog discussed new legislation that hopes to increase the fines issued to distracted drivers. As we mentioned last week, distracted driving is one of the top concerns that Californians have about safety on their highways. Surprisingly enough, Southern Californians don't seem to be changing their distracted driving practices because statistics show it is still on the rise. We are devoting another post to convincing any of our readers that might be on the fence that driving and talking on the phone or otherwise using your cell phone is increasingly dangerous to your safety.

A few years ago a study was published by a group of University of Utah psychologists that likened drivers talking on hands-free or handheld cell phones to drunk drivers! Orange County personal injury lawyers agree that this is a powerful comparison and drivers should take note. The study found that the distraction doesn't solely come from the driver operating their cell phone, whether handheld or hands-free, but it is the actual conversation the driver is having that can take their focus off the road and its conditions. It is enough of a distraction to warrant a driver acting as though intoxicated at the 0.08 blood alcohol content level.

Participants in the study were observed in a simulator under four different occasions, first free from distraction or impairment, second with a handheld cell phone, third while using a hands-free cell phone and fourth while intoxicated at the 0.08 BAC. They were asked to follow a simulated pace car. The study found that participants distracted by their phones were slow to brake, and were slower to get back up to normal speed after braking. The observations while drunk driving showed slight differences in aggressive driving. Researchers acknowledge that drivers have been distracted by many different multi-tasking jobs, i.e. applying makeup, eating, even just talking to passengers, but point out that distraction involved from using mobile phones is a greater danger.

Continue reading "Part 2: Distracted Driving Study Revisited" »

Last November a survey administered by the Office of Traffic Safety to over 1,000 California drivers showed that the use of mobile phones while driving is considered the second biggest safety concern for our state, especially to Southern California drivers. Politicians are responding to what their constituents consider important and that is evident with in a new bill that Governor Jerry Brown has on his desk to consider as of August 15th, SB 28 authored by Senator Joe Simitian. SB 28 revisits the topic of distracted driving in California and hopes to further decrease injury and accident rates associated with distracted driving by means of more stringent fines.

The current regulations fine a driver $20 (before court fees, kind of misleading) when caught using their cell phones the first time. Subsequent convictions go up to $50. SB 28 would increase the first time fine to $50 and $100 (excluding court fees which would bump up those costs to $310 and $528 respectively) thereafter with a point on the driver's license also. SB 28 also includes bicyclists caught using their cell phones while riding. Their fines would be $20/$50 but no points on driver's licenses and no additional fees rolled in. This is Simitian's second attempt at a cell phone law, his first failed to make it past an Assembly committee last August.

Since California's cell phone ban took effect in 2008 and the subsequent ban on texting in 2009 the California Highway Patrol estimates it issues roughly 12,000 to 14,000 tickets for distracted driving every month. Southern Californians don't seem fazed by either of these two laws as indicated in the study done by the Automobile Club of Southern California. They found that the amount of drivers texting at the same time actually doubled! This study further motivated Simitian and his team to keep pursuing "a more significant deterrent" to get drivers to put their phones away while they are operating their vehicles.

Continue reading "Part 1: Orange County Drivers Need to Know About New California Legislation Raising Penalty Fee to Drivers Who Use Cell Phones" »

The National Highway Traffic Safety Administration found that in 2002 roughly a third of all traffic accidents that took place were due to speeding. When a driver speeds their ability to safely steer their car around objects and curves that might occur in the roadway is diminished. Speeding is also known to cause a driver to need a farther distance in order to completely stop their vehicle. Similarly, when a driver is speeding they need more room to react to situations that are dangerous, if one should arise.

Traveling at high speeds was found to be the cause of a recent Orange County auto accident that left three individuals dead. A group of family members were traveling home from the Crystal Cathedral church in a Sport Utility Vehicle. Unfortunately, officers who responded to the crash found that most of the passengers had not been using their seatbelts when the car's driver lost control of the vehicle while on the offramp of the 5 freeway. The car rolled and ended up catching fire in a construction area over 100 feet away. Some passengers were ejected from the vehicle. Officers are still investigating the accident but initial findings seem to ascribe the crash solely to speeding, the influence of alcohol is not thought to be a contributing factor. Fortunately there were no other cars involved and two of the passengers were able to be pulled from the car before the fire got out of hand and are being treated at UCI Medical Center.

Continue reading "Orange County Car Accident Leaves Three Dead and Two Severely Injured " »

News reports have been buzzing with the recent story of a boy rescued after being buried in seven feet of sand at an Orange County beach. "It was really scary. I thought I'd just die" is what Matt Mina told rescuers after being pulled from the sand. Spending a day at the beach usually involves splashing in the water, maybe building a sand castle or hunting for sand crabs on the shore, maybe some surfing or body boarding but you never anticipate a day at the beach ending with emergency crews pulling you out of the sand. That is exactly how the day ended for one teenage boy spending a day at an Orange County beach with a cousin.

As many do, Matt Mina had come from his home in Virginia to visit family in Orange County during the summer. He and a cousin were spending the day at Newport Beach with some friends when Mina decided to dig in the sand, a practice commonly referred as tunneling. After digging for some time the sand on the sides collapsed and buried him beneath the ground. Shortly thereafter Mina's cousin was looking for him and realized he was probably in trouble. Rescue personnel were called and many beach goers helped get Mina out but the process took about 30 minutes! Thankfully, Mina did not sustain any injuries other than the trauma of the event and is expected to make a full recovery.

This is only one of the multiple stories of tunneling that have taken place this summer all over the state and country. Unfortunately, not all have had such a positive outcome. One boy was tunneling at Sunset State Beach when the sand tunnel collapsed. Sand had become stuck in his esophagus therefore obstructing his breathing and making CPR attempts futile. Some brain damage has been expected by doctors but they are monitoring the exact extent of damage done to the brain from lack of oxygen. And in Utah a 12 year old boy lost his life when a tunnel collapsed on him while he was camping with a scout troop.

Continue reading "Teenager Buried In The Sand While Spending The Day At Orange County Beach" »

Orange County highways have some of the worst congestion problems nationwide, which explains the increase in motorcycle sales and registrations in the state of California. There are other aspects of motorcycle use that attract riders; fuel efficiency are relatively low initial cost just two more popular reasons motorists are trading in their cars for motorcycles. Unfortunately, this also translates to an increase in the motorcycle injuries and fatalities in Orange County. A motor vehicle offers more protection to its driver than a motorcycle does.

One tragic Orange County motorcycle accident took place this week on the 91 freeway near Gypsum Canyon Road. A motorcyclist was allegedly lane-splitting, a practice most motorcycle riders use frequently in their commutes, between lanes one and two faster than the other traffic around it was traveling. Apparently a Toyota Camry made a lane change to lane one when it struck the motorcycle, the rider was then thrown into the number two toll lane on the 91 freeway and then struck by an SUV and thrown back into the number one toll lane. It was in that lane that the motorcyclist was struck again by a BMW which dragged the rider roughly 30 feet before coming to a stop. The motorcyclist was taken to the hospital to be treated for critical injuries sustained in the accident and remains in serious condition.

There was no mention of helmet use or protective clothing for the motorcyclist but an accident such as this is a good example of the disadvantage motorcycle riders are in compared to motorists when involved in accidents at high speeds. Motorists stuck in bumper to bumper traffic often envy motorcyclists that are able to move along traffic when lane-splitting. Lane-splitting is a practice generally tolerated by motorists as long as motorcyclists are doing so in the safest manner possible and can be seen by the motorist. There must be a good working relationship between motorcyclists and motorists on Orange County freeways to ensure the safety of everyone on the road. Drivers must share the road and motorcyclists need to be alert and make themselves seen.

Continue reading "Orange County Motorcycle Rider Seriously Injured In Crash On Freeway" »

Elevators are in daily use at hundreds of office buildings around Orange County that have multiple stories. These elevators ascend and descend some of the tallest buildings in our area and can even transport significant capacities of equipment or people. They have become a very normal part of suburban life but even with their daily use elevator companies are not without the occasional liability lawsuit (or negligence) when one of their elevators is the cause behind an individual's injury or death.

One such lawsuit was filed recently when two women experienced a dangerous elevator ride in Irvine nearly two years ago. Their intended destination was on the second floor but according to their statements the elevator did not stop on the second floor, it proceeded to "the 11th or 12th floor" when it suddenly began to descend rapidly. The two women fell to the floor due to the rate of speed the elevator was traveling and things fell upon them from the top of the elevator. The elevator eventually came to a stop and when their screams were not answered they called 911. An elevator technician was able to eventually open the outside door and the women were freed. They declined medical treatment on site but later were treated by doctors for injuries sustained in the accident.

Continue reading "Orange County Elevator Ride Turns Dangerous, Mother and Daughter Suing " »

Orange County is riddled with freeways, toll roads and other major through ways that are heavily traveled on daily by the many people who live here. There are a good amount of Orange County residents who commute to Los Angeles every day for work or school. Traffic can be a bumper to bumper parking lot during peak times and those that are required to commute back and forth between Los Angeles and Orange County on a daily basis become adept in rerouting their drives or planning in advance for these hiccups. This weekend's closure of the 405 freeway is expected to try the patience of a lot of drivers.

The I-405 freeway is being closed for a supposed 53 hours beginning, Friday July 15, 2011 at 7 o'clock in the evening. It will remain closed until about 5 a.m. Monday morning (the 18th of July). Caltrans is hoping to finish all of its major freeway renovations during this time. The complete freeway closure will be between the I-10 and the 101 freeways. Some of the transformations taking place are a bridge demolition and rebuilding, widening of lanes, addition of HOV lanes, widening and realignment of multiple ramps and undercrossings, and construction of sound and retaining walls. As you can imagine, there are many people who are concerned about their weekend commute, especially emergency personnel, this weekend.

Continue reading "Closure Of I-405 Not Expected To Impact Orange County Traffic" »

Henry Ford once said "there is joy in work. There is no happiness except in the realization that we have accomplished something." For most Californians, work is part of their day to day. Having a task that is accomplished, being part of a team, earning an honest day's pay all can contribute to an individual's well being. Even individuals who live with physical impairments desire the experience of working and have the right to do so as overseen by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC is depended upon to enforce federal laws making the practice of discriminating against an employee or an applicant for a job due to the individual's color, race, sex (including being pregnant), national origin, religion, age (40+), genetic information or disability illegal.

Target recently settled a disability discrimination lawsuit and will pay $160,000 for charges that it refused to "provide reasonable accommodation for a cart attendant with cerebral palsy" who worked at the Foothill Ranch Target Store in Orange County, California. In the suit the EEOC claimed that the employee, Jeremy Schott, was capable of performing his duties but that Target failed to provide the needed job coach and then drastically decreased his work hours following a medical leave of absence.

Another major company in the legal news is Verizon Telecommunications. Verizon has also settled a lawsuit in which it will pay $20 million in the largest disability discrimination settlement in a single lawsuit for the EEOC. Twenty four Verizon subsidiaries were named in the suit for "unlawfully" denying sensible accommodations to numerous employees. It was also said that these employees were then "disciplined and/or fired pursuant to Verizon's 'no fault' attendance plans." Verizon agreed to various changes to be made within a three year decree that will include changing its attendance plans.

Continue reading "Orange County Target Store Settles Discrimination Lawsuit for $160K" »