Wrongful Death

Bicyclist Killed in Los Angeles County Big Rig Truck Accident

October 28, 2015 | by Robert Walch

In a tragic and freak wrongful death accident yesterday, a big rig truck carrying a shipping container apparently struck a bridge, causing the container to fall off of the truck and crush and kill a nearby bicyclist. This wrongful death truck accident occurred close to where Carson borders Long Beach, in Los Angeles County, California.

According to the Los Angeles Times, the LA County Fire Department said that the truck collided with a railroad bridge, which knocked the shipping container off of the truck. LAist.com is reporting that the bicyclist was riding on the sidewalk when he was hit and crushed by the container.

LAist has verified the identity of the deceased bicyclist as Robert Castorena, a resident of the City of Long Beach, California. Mr. Castorena was 51 years old.

We highly recommend that Mr. Castorena’s family members immediately contact a Los Angeles wrongful death lawyer who is experienced in proving wrongful death damages. Here, the liability, or fault for the accident, most likely is on the trucking company, as the truck should not have been operating in an area with bridges low enough to knock the container off of the truck.

PEDESTRIAN KILLED, OTHERS INJURED BY SHERIFF’S PATROL CAR IN WEST HOLLYWOOD, LOS ANGELES

October 19, 2015 | by Robert Walch

Los Angeles County Deputy Sheriffs responding to a domestic violence call, reportedly with lights and siren on, clipped another vehicle, bounced onto the sidewalk and hit two (2) male pedestrians walking on the sidewalk on the 8800 block of Santa Monica Boulevard. The momentum of the police vehicle was so powerful that the sheriff’s vehicle continued moving until it struck a light pole and a tree.

The Sheriff’s Department reported that the two (2) involved pedestrians were taken to the hospital where tragically one died. The second involved pedestrian reportedly suffered very serious, but not life threatening, injuries.

There were two (2) deputies in the sheriff’s vehicle who, according to the Los Angeles Times, also were seriously injured, one of whom actually had to be extricated from his damaged vehicle by firefighters. The identities of the two (2) sheriff deputies were not immediately released.

To try to avoid an obvious conflict of interest, this pedestrian accident is being investigated by the California Highway Patrol (CHP). As a result of this accident and the following investigation by the CHP, Santa Monica Boulevard between San Vicente Boulevard and Hancock Avenue was closed to allow investigators to gather evidence.

The family of the deceased man should contact a California wrongful death lawyer right away for a free consultation.

Thousand Oaks Pedestrian Accident Kills Local Man

September 2, 2015 | by Robert Walch

A possible wrongful death accident in Thousand Oaks claimed the life of a man by the name of Marc Piaskowsky, a resident of Thousand Oaks, California. Mr. Piaskowsky was killed on Monday when he was hit by a car while crossing the street. The Thousand Oaks pedestrian accident occurred when Mr. Piaskowsky was crossing from La Paloma Circle to Avenida de los Arboles.

According to The Thousand Oaks Acorn, Mr. Piaskowsky was not crossing the street in a crosswalk, however there was a tunnel and a crosswalk nearby. It is not yet known why Mr. Piaskowsky was not using either the tunnel or crosswalk, if that information proves to be correct.

Investigators from the Thousand Oaks Police Department are investigating what factors contributed to this man getting hit by the car. If it is shown that the driver of the Lexus was operating her mobile phone, speeding, intoxicated or otherwise negligent, the family of the deceased may bring a Thousand Oaks wrongful death claim against the driver. The claim would be made with the driver’s liability insurance coverage.

San Clemente Man Killed in Agoura Hills Accident

August 4, 2015 | by Robert Walch

An Agoura Hills accident on Friday has resulted in the death of Eric Stein, a thirty-six year old man from San Clemente, California. According to the Agoura Hills Patch, Stein was driving on Mulholland Highway, near Kana Dume Road, in Agoura, California, when his vehicle was struck by a Los Angeles County Fire Department vehicle that was in route to a brush fire.

Apparently, Mr. Stein was slowing down to make a left turn when the Fire Department truck, which was carrying female inmates, tried to cross over the center line to pass Mr. Stein, thereby striking the driver’s side of Stein’s Ford Fusion, as it was in the process of making a left turn.

According to the California Highway Patrol, the Fire Department vehicle was driving with its lights and sirens activated. If correct, it is not currently known why Mr. Stein apparently did not hear or see the vehicle approaching and pull over to the right side of the road. However, it must be noted that we have seen emergency personnel claim that they had their lights and sirens activated prior to an accident, when in fact witnesses have said that the emergency vehicle did not in fact have lights and sirens activated.

6 People Killed in California Apartment Balcony Collapse

June 16, 2015 | by Robert Walch

6 people died today and others suffered serious injuries when an apartment balcony they were on collapsed. The apartment balcony collapse accident happened in Berkeley, California, and the victims appear to be Irish citizens in California on short term work visas (J-1).

According to cnn.com, this tragic incident happened at the Library Gardens Apartment. In addition to the six people who were reportedly killed in this accident, at least another seven people have serious injuries for which they have been hospitalized.

It is not yet clear exactly what caused this balcony to collapse, but reports suggested the entire balcony tore away from the building, from the 4th floor. Berkeley police reported that the incident occurred between 12 and 1am this morning.

There are many legal ramifications for a tragic incident such as this one. First, the heirs of the wrongful death victims should file California wrongful death claims against the apartment complex. In addition, the severely injured guests or residents of the apartment may make personal injury claims against the apartment complex.

Avid Motorcyclist Killed by Drunk Driver in Lancaster Motorcycle Accident

April 29, 2015 | by Robert Walch

A Lancaster motorcycle accident on Sunday, April 19, 2015, resulted in the death of Glenn Arnold Grimm. According to the Antelope Valley Times, Mr. Grimm, who was 69 years old, was struck by a drunk driver in a pick up truck. Mr. Grimm was stopped at the intersection of 90th Street East and Avenue K when he was rear ended by the truck.

Sadly, Mr. Grimm, who was involved in another motorcycle accident in 2005, where a vehicle ran a rad light and struck him, causing him to tear ligaments in his ankle, had spent much time searching for the yellow Harley Davidson that he was riding at the time of this accident. Mr. Grimm felt that the yellow color would help avoid a future motorcycle crash.

Mr. Grimm was a very experienced motorcyclist who often participated in motorcycle related charities for good causes. Bikers Against Child Abuse (BACA) will be honoring Mr. Grimm and accepting charitable donations for its cause.

The Los Angeles County District Attorneys’ Office said that the man who struck Mr. Grimm, Javier Guzman Pena, was found to be intoxicated at the time of the motorcycle accident. He apparently had a .08 blood alcohol content, has been charged with murder and is being held on one million dollars bail.

One Person Killed in Hawthorne Car Accident

April 2, 2015 | by Robert Walch

According to laist.com, one person was killed in a Hawthorne car accident today when a minivan struck a light pole. The minivan struck the light pole so hard that pictures show the van wrapped around the pole. The car accident fatality happened at the intersection of Hawthorne Boulevard and 135th Street, in Hawthorne, Los Angeles County, California.

It is not yet clear if any other cars were involved in this car accident in Hawthorne, or how many people were in the minivan at the time of the crash. The fire department reported that they found the deceased occupant of the minivan dead on arrival. The car may have also caught on fire after the accident, which may have contributed to the death.

From a personal injury legal standpoint, an accident like this can be evaluated in different ways. First, if this was a one vehicle accident and the driver of the vehicle caused the crash and he or she was the person who was deceased, with no other occupants, there probably would not be a personal injury wrongful death claim that could be made.

However, if another car negligently struck the minivan, causing the minivan to hit the pole, a Hawthorne wrongful death claim would be made against the driver of the vehicle that struck the minivan. If that vehicle fled the scene or does not have insurance, then an uninsured motorist wrongful death claim could be made, as long as there is uninsured motorist coverage for the minivan.

Motorcyclist Killed in Brentwood Hit and Run Accident

March 23, 2015 | by Robert Walch

A motorcyclist was killed last Wednesday when he was hit by a van in Brentwood, California. The driver of the van did not stop to render aid or identify him or herself after the collision and has not yet been identified. According to the Los Angeles Times, the victim of this hit and run accident was Ehsan Fazel, who lived in Woodland Hills, California.

Apparently, this Brentwood motorcycle accident occurred when Fazel was lane splitting, which is when motorcyclists ride between lanes of cars. Lane splitting is a common act done by motorcyclists and it is not illegal in California, as long as it can be done safely. The California Highway Patrol advises that lane splitting, also known as lane sharing, is neither specifically allowed, nor prohibited, under California law.

This Brentwood accident happened on Sunset Boulevard, near Kenter Avenue. The driver of the white van continued on Sunset Boulevard and was not identified. Anyone with any information on the accident, including a possible license plate for the van, should call the LAPD right away at 213-473-0234.

Man Killed Today in Simi Valley Pedestrian Accident

March 2, 2015 | by Robert Walch

A 23 year old man, named Jerome De La Cruz Castro, was killed today in a tragic car accident in Simi Valley on Highway 118. The crash occurred a little after five in the morning today when Castro, according to the Ventura County Star, lost control of his car, possibly due to rain, hit a guard rail on the 118 freeway and came to a stop in the far left lane.

Apparently, Mr. Castro got out of the car and was standing near it when another vehicle, driven by a woman who has not yet been identified, struck Castro’s car, causing his car to hit Castro and kill him. The California Highway Patrol said the crash occurred on the westbound 118 freeway, east of Keuhner Drive. This area of freeway has a curve and goes downhill.

It was not reported whether the woman sustained any injuries in this Simi Valley car accident. We wish our sincerest condolences to the family and friends of Jerome De La Cruz Castro, who lived in North Hollywood, California. We also feel that Mr. Castro’s family should hire an experienced California wrongful death lawyer to examine the facts of this situation and determine if there is any liability for wrongful death damages. There may be a claim against the insurance of the woman who struck Castro’s vehicle, if it can be determined that she did something wrong, such as driving too fast for the conditions, or texting and not paying attention to the road.

Elderly Woman In Lexus Killed In Collision With Bruce Jenner on PCH in Malibu On February 7, 2015

February 8, 2015 | by Robert Walch

Additional information has been learned in follow-up to our blog post of February 6, 2015, titled “Celebrity Bruce Jenner Involved In Fatal Malibu Car Accident”, about the tragic four (4) car traffic accident on PCH in Malibu resulting in multiple injuries and one wrongful death. Los Angeles County Sheriff Sgt. Philip Brooks told the Los Angeles Times a Prius driving north on PCH in Malibu either slowed down or stopped and was rear ended by an elderly lady in a Lexus. Bruce Jenner, in a black Cadillac Escalade SUV, while pulling another vehicle, then allegedly rear-ended the Lexus. This caused the Lexus to propell into the southbound lanes of oncoming traffic, where it was struck by a Hummer.

As a result of this impact or series of impacts the lady driving the Lexus died at the scene of these collisions. Authorities declined to identify the lady driving the Lexus who was so tragically killed in this accident. The Lexus reportedly sustained major damage to both its rear and front ends.

It also was reported that Bruce Jenner was given a field sobriety test which he passed and also took a blood alcohol test with unknown results at the time of publication of the Times article.

In such multiple car collisions liability may be shared among various parties. For example, in this incident, the reason for the Toyota Prius either slowing or stopping will need to be reviewed to see if any vehicle code was violated or if it constituted any unsafe, dangerous or negligent conduct by the driver of the Toyota Prius or anyone else.

Next, the lady driving the Lexus reportedly rear ended the Prius, so there will be issues regarding driving at a safe distance, speed, inattention and other factors to consider.

Regarding Bruce Jenner, there will be the same issues to consider: driving at a safe distance, speed, inattention and other factors.

Also, the investigation will look into the actions of the driver of the Hummer, who was driving south on PCH, to determine whether he contributed to causing the collision, such as whether he was traveling too fast for conditions, inattention (such as using a mobile cell device while driving), and was unable to take reasonable evasive actions that might have been taken to prevent this incident or lessen its severity.