Wrongful Death

Lawsuit Filed After Big Rig Truck Crash Wrongful Death

March 23, 2011 | by Robert Walch

Marcos Costa, a truck driver who is facing murder charges for a California truck accident in April of 2009, has filed suit against Los Angeles County, the California Department of Transportation and the City of La Cañada, alleging that improper maintenance of the Angeles Crest Highway caused the fatal truck accident.

An attorney for Caltrans has called Mr. Costa’s claim “frivolous” and says that the truck accident leading to the wrongful death of two people was caused by Costa, who was driving his truck with a defective braking system and because Costa allegedly did not follow the rules for trucks on California highways.

In his lawsuit, Mr. Costa, a native of Brazil, is asking for “$500,000 for property damage, loss of liberty due to criminal proceedings and ‘oppression, mental duress, stress and mental trauma’.”

The La Cañada Flintridge truck accident killed two people after the big rig truck went out of control. Mr. Costa says there should have been an emergency truck lane for out of control trucks. Costa also claims that the Angeles Crest Highway is a high accident zone and he cited seven prior truck crashes at the intersection. He claims that these prior accidents should have put the government entities on notice of the danger.

Australian Man Will Go To Jail For Los Angeles Hit And Run Accident Death

March 10, 2011 | by Robert Walch

Ryan Bowman, an Australian man who killed a young woman in a Los Angeles pedestrian accident, will be sentenced Friday morning as part of a plea agreement that has been reached with prosecutors. The accident occurred on the Sunset Strip in the West Hollywood area of Los Angeles, California.

The woman who was killed in the Los Angeles car accident, Lauren Ann Freeman, was leaving a concert at the popular Roxy Theatre, crossing the street, when Bowman, in his Bentley, struck Freeman and knocked her about 50 feet, where she died at the scene. Bowman allegedly fled the scene and abandoned the Bentley about a mile and half later, near Melrose and La Cienega, in Los Angeles, California.

Bowman has since admitted that he was the driver involved in this pedestrian accident in Los Angeles. Since it is assumed that police did not catch Bowman until well after the accident, it was probably too late to run tests to see if Bowman was under the influence at the time of the accident, which is often the reason people flea the scene of a collision.

Besides the jail time that he faces, Mr. Bowman will also be subject to a personal injury lawsuit by the family of the woman who was killed in the pedestrian accident. Ms. Freeman had just graduated from the Fashion Institute of Design & Merchandising (FIDM) and her family will claim that she had a very promising future that was cut short by her wrongful death. The fact that Bowman left the scene will be used against him if he argues the accident was not his fault.

Person Killed By Amtrak Train in Los Angeles

March 9, 2011 | by Robert Walch

An Amtrak train accident in Los Angeles occurred this morning when a person was struck by the train at about 6:20 am. The train was traveling from Los Angeles to San Diego when it hit the person. The train accident occurred at Santa Fe Avenue and 8th Street near Union Station in Los Angeles, California.

At the time of the Los Angeles train accident, there were 30 people on board the train, including passengers and crew, none of which were hurt. There are reports that the person killed was possibly a transient, but that has not been confirmed.

The reason the person was on the tracks is currently unknown. Sometimes people attempt suicide by standing on the tracks, other times there is some type of mistake or negligence that leads to a person being hit by a train.

California train accident injuries and deaths occur frequently and the legal ramifications depend on the reason for the incident. If the train operator or designer was negligent, causing the injuries, victims will be able to make a personal injury claim or their families may make a wrongful death claim against the train company, which can include Amtrak, the Metropolitan Transportation Authority (MTA), or other entities.

Huntington Beach Man Sentenced In Car Accident Wrongful Death

March 8, 2011 | by Robert Walch

A man from Huntington Beach has been sentenced to three years of probation after a tragic car accident in which he rear ended a truck, which collided with a mother as she was walking with her baby in a stroller in a crosswalk. The baby was launched approximately 70 feet from the impact and died from her injuries in this California wrongful death accident. The mother sustained a dislocated shoulder and fractured vertebrae. The 11 year old niece of the woman was also injured and sustained a broken femur in the Orange County pedestrian accident.

The man was charged criminally for his actions, and plead guilty to misdemeanor vehicular manslaughter, because he caused the Orange County car accident when he was distracted while trying to prevent his laptop from falling off of the seat to the floor of his car. Usually we see vehicular manslaughter charges where the driver who causes the car accident was found to be driving while intoxicated.

However, to be convicted of vehicular manslaughter, it is only necessary to show ordinary negligence and a misdemeanor, infraction or other lawful act that may cause death, such misdemeanor, infraction or other act in fact causing the death. This is another reason to be especially careful while driving and not to talk on your cell phone, text or be involved in other distractions, as engaging in such behavior at the time of an accident could have a serious criminal effect.

Malibu Man Killed After Being Hit By Car on Ventura Freeway

March 2, 2011 | by Robert Walch

Hollywood animator, Jean-Maxime Perramon, was killed after he was hit by a car on the 101 Freeway, while checking on his Ferrari. According to the Los Angeles Times, Perramon apparently believed that metal had hit his 2010 Ferrari, so he pulled onto the shoulder of the Ventura Freeway to check on his car. As he was getting out of his car, Perramon apparently stepped into the slow lane and was hit by a Lexus.

According to the California Highway Patrol, the Lexus swerved into that lane, colliding with the man, while trying avoid colliding with another vehicle. Perramon was taken to Los Robles Hospital in Thousand Oaks where he passed away from his injuries from the accident.

If Mr. Perramon’s family brings a California wrongful death claim, there are many potential legal issues in this situation. First, the fault for the freeway accident must be determined. It is possible that multiple parties share liability, as the man should not have gotten out of his car on the freeway, the driver of the Lexus may have been able to avoid him and it is unknown what other cars may have played a role in causing the driver of the Lexus to feel the need to swerve to the right.

The man’s family may be able to bring a California uninsured motorist claim on the grounds that the unknown vehicle caused the accident or if the driver of the Lexus has no insurance. If the Lexus does not have enough insurance, there may be an underinsured motorist claim brought.

Costa Mesa Apartment Fire Kills One and Injures 3

March 1, 2011 | by Robert Walch

According to the Los Angeles Times and Daily Pilot, an apartment fire in Costa Mesa, California has killed a 17 year old boy, who apparently died at the hospital from his smoke inhalation and burn injuries. Two other people and a firefighter also sustained injuries from the fire, which may have included burn injuries and/or smoke inhalation, but they were able to be treated and released from the hospital.

The cause of the Costa Mesa apartment fire is unknown, and may have started in a garage that was converted into a living space. Investigators are also trying to determine the legality of the living space. Depending on what investigators find as to liability, the family of the deceased boy may be able to make a wrongful death claim against the responsible party.

We have previously commented on the many dangers of apartment fires in Los Angeles and throughout California, including the serious risks of burn injuries. Burn injury victims should obtain proper medical care right away as these injuries can be very serious and potentially life threatening. The proper medical care can make a huge difference in the recovery time and the extent of scarring. Depending on where the burn is, scar damage from burn injuries can be traumatizing and life altering.

Drunk Driver Kills Cyclist in Newport Beach Bicycle Accident

February 25, 2011 | by Robert Walch

Danae Marie Miller, has been arrested and booked on charges of gross vehicular manslaughter while intoxicated, for a Newport Beach accident that resulted in the wrongful death of a bicyclist. The fatal collision occurred on San Joaquin Hills Road in Newport Beach.

According to the Los Angeles Times, court records show that Ms. Miller has received 16 traffic citations since 2005. Her alleged infractions included driving the wrong way on a street, failure to stop for a stop sign, speeding and talking on her cell phone while driving.

Orange County Sheriff’s Department records show that Ms. Miller, who is 22 years old, was released after posting $100,000 bail.

In addition to the criminal charges against Ms. Miller, the family of the victim will also have a possible Newport Beach wrongful death claim against Miller. It remains to be seen if Ms. Miller will have enough insurance coverage to cover the significant wrongful death damages that the victim’s family will likely be claiming.

If there is not enough insurance coverage, the family may seek personal assets from Ms. Miller and, even though the wrongful death victim was on a bike, the family may make a claim with any uninsured motorist or underinsured motorist coverage that might have covered the victim.

According to records, since July 2009, this was the fourth fatal bicycle accident between a vehicle and a cyclist in Newport Beach.

Update: Bus Driver Killed, 23 Injured in Lake Arrowhead Church Bus Accident

February 22, 2011 | by Robert Walch

Regarding the tragic church bus accident yesterday, the Los Angeles Times reported additional information today. Apparently, the bus was from a Korean Church in Pasadena, The Light of Love Mission Church. The bus driver was killed and 23 were injured, ten seriously, when the bus apparently crossed over the dividing line on a curve near Lake Arrowhead, struck a car and went down a steep snow covered embankment yesterday.

The bus was traveling down the sharp curves on California 189 in the Lake Arrowhead region when it collided with an SUV traveling in the other direction. The bus apparently went through a utility pole, plunging about 25 feet into a grove of trees, which eventually stopped the bus.

The driver of the bus was identified as Won Seok Chae, from Los Angeles. He was found dead at the scene. The bus driver was said to be a professional tour bus driver who volunteered his time to drive the church’s bus.

The coroner’s office stated that Chae lost control of the church bus as it rounded a curve, crossing over into the opposite lane, colliding with the other vehicle. A man and a woman in the vehicle struck by the bus were also injured in the Lake Arrowhead bus accident.

San Bernardino Bus Accident Kills One and Injures Many on Church Retreat

February 21, 2011 | by Robert Walch

Earlier today, a bus accident in San Bernardino, California, killed one and injured many after a bus carrying a predominately Korean church group collided head on with a fire truck driven by an off duty firefighter. According to the Southwest Riverside News Network, the bus passengers were from the Light of Love Mission Church in Pasadena.

The San Bernardino bus accident occurred on Highway 89, near Lake Gregory Drive, in San Bernardino, California. After the collision, the bus went down a ravine of about 50 feet, before hitting a power pole and then a tree.

In addition to the person on the bus who was killed in the bus accident, 24 more people were taken to hospitals for their injuries. According to CBS2, ten of the victims suffered serious injuries, while 13 had minor or moderate injuries from the crash.

The other vehicle involved in the San Bernardino accident was a sport utility vehicle belonging to the fire department, driven by an off duty firefighter and his wife, who was also seriously injured in the accident.

It is unknown at this time whether it was the bus driver or the firefighter who caused this collision. Because there are serious injuries and at least one possible San Bernardino wrongful death claim, a considerable investigation will need to be conducted to determine the liability for this accident, and who will have to pay for the damages incurred by so many people. If it was the fire vehicle, the injured bus passengers may need to file a government claim for damages with the city in order to preserve their rights. If the bus driver was at fault, it will have to be the insurance company for the bus company that covers most of the wrongful death and injury damages.

Tragic Orange County Car Accident Kills Pedestrian Helping a Dog

February 16, 2011 | by Robert Walch

According to the Orange County Sherriff’s Department, a very sad car accident occurred in Laguna Niguel, wherein a woman jogger, who was helping a dog who had ran onto the street, was killed after two cars collided and one of the cars struck her.

The woman, who rescued the dog from the street, was kneeling next to the dog on the street corner, possibly checking its tags, when she was hit by the car. The two car collision was apparently unrelated to the dog, but resulted in one of the cars running onto the sidewalk, striking the woman, who died at the scene of the accident. The dog apparently left the scene before rescuers arrived, and has not been located.

It is unclear at this time which vehicle caused the Orange County car accident. The occupants of the vehicles suffered injuries including a broken collarbone as well as bumps and bruises. The family of the woman, who was an innocent bystander, may make an Orange County wrongful death claim against the driver and/or owner of the car that caused the collision. If it remains unclear which car caused the initial collision, the family should make the claim against both vehicles.