California Personal Injury Lawyers Blog

BROKEN SIDEWALKS INJURE PEDESTRIANS IN LOS ANGELES

November 23, 2015 | by Robert Walch

Los Angeles is filled with so many broken sidewalks that make them unsafe for pedestrians and also extremely dangerous to actually unusable for the handicapped. These sidewalks have numerous split elevations, deviations, cracks and are just broken, often due to tree roots. In fact, according to a Los Angeles Times editorial, it’s estimated that 80% of sidewalk damage is from adjacent trees. The Los Angeles City Council has committed $1.4 billion over the next 30 years to repair its sidewalks.

Apparently developers in Los Angeles planted fast growing trees in narrow public rights of way with little thought to the future that outgrew their areas, and their roots pushed up and broke surrounding public cement sidewalks. As a result, public sidewalks became unsafe and dangerous to use.

L.A. used to require property owners to fix their sidewalks by their homes and commercial properties. But when these trees started causing massive damage, unhappy property owners started protesting this expense and the Los Angeles City Council passed an ordinance (city law) for free repairs to sidewalks damaged by trees, but it failed to adequately budget for this huge repair bill.

Recently, city officials estimated that 40% of the city’s 10,000 miles of sidewalks are in need of repair. Further, Los Angeles pays out $4 to $6 million a year on trip and fall personal injury claims in the city. As a result, disability rights advocates actually sued the City of Los Angeles for violating the Americans with Disabilities Act. In April of 2015 this suit was settled with L.A. agreeing to pay over $30 million a year to repair the damaged sidewalks. Amazingly, L.A. contends this large amount still is not sufficient and reportedly is considering a plan to shift sidewalk repairs back to the adjacent property owners. If L.A. cannot fix the problem and there is a need to make the sidewalks safe as fast as possible, the question is, should the cost be shifted back to the property owners for an affordable, quicker fix? If this is done, the next question is what could be done to make this process go as easily as possible? One thing cities do or could do in such circumstances is to waive permits or permit fees for these repairs.

CHIPOTLE MEXICAN GRILL CLOSES 43 RESTAURANTS DUE TO E. COLI ILLNESS

November 2, 2015 | by Robert Walch

Health officials are investigating at least 22 E. coli illnesses allegedly caused by health or food problems at Chipotle Grill in Washington and Oregon. As a result, Chipotle Grill has reportedly closed 43 restaurants in the affected areas pending this investigation.

It was further reported that about one-third of the E. coli victims were hospitalized, and fortunately no deaths have been reported. Symptoms may include feeling very ill with vomiting and bloody diarrhea.

Shiga toxin-producing E. coli bacteria, is the most common in food-borne outbreaks, and it is believed that many people affected with Shiga toxin E. coli may not seek health care. As a result the number of people made ill by this E. coli outbreak is likely more than already identified, Health Department officials have requested that any persons who have eaten at a Chipotle between October 14, 2015 and October 23, 2015, who became ill, including with vomiting and bloody diarrhea, should immediately see their health-care provider and inform their health care provider about this outbreak.

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.

Assistant Los Angeles Sheriff Michael Rothans Retires in Midst of Car Scandal

October 15, 2015 | by Robert Walch

Assistant Los Angeles Sheriff Michael Rothans has announced his retirement from the Sheriff’s Department for “health reasons” while he is being investigated for purchasing an impounded Audi, believed to be year 2010, with 24,000 miles on it, for just $3,000 from Lisa Vernola, who happens to own Vernola Towing in Norwalk, California. Vernola Towing has a contract with the Sheriff’s Department and such purchases by Sheriff officials are strictly prohibited. Purportedly the Kelley Blue book lists a similar car – if in good condition – for $17,000.00. But Rothans was able to buy it for only $3,000.

In fact, the subject Audi was not a 2010 model but is a 2012 model that reportedly was stolen while new from a car dealership in Mission Viejo.

Assistant Sheriff Rothans told the Los Angeles Times newspaper that he had no idea it was stolen and when he bought it it had 24,000 miles on it and needed a radio and had rear end damage. Rothans allegedly could not provide any receipts for such alleged repairs.

VW ONWERS SEEK BUYBACK

October 14, 2015 | by Robert Walch

As you may have heard, Volkswagen (VW) is embroiled in a major fraud, where they are accused of falsifying records of emissions from its diesel engine cars covering the years 2009 to 2015. As a result, owners of VW diesel engine vehicles in California have filed suit against VW to compel it to buyback its cars that do not meet emission results as previously represented by VW.

Reportedly, VW sold 482,000 diesel vehicles in the United States and VW has estimated that it could take at least one year for it to fix most of these vehicles that had “secret” software designed to trick pollution tests. Many believe it would take much longer than one year to fix all of its diesel engine vehicles to comply with emission standards in California and the U.S.

Apparently the “secret” software detects when the VW diesel vehicles are undergoing laboratory emission tests and alters how the diesel vehicles operate to trick the laboratory to conclude requirements are met when, in fact, the diesel engine under normal use does not comply with required emission standards.

Currently, the Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) are demanding that VW fix its diesel engine vehicles to comply with mandated emission standards.

According to the Kelley Blue Book, approximately 67,000 of these VW diesel engine vehicles are in California, manufactured from 2009 to 2015.

CARB has given VW until November 20, 2015, to submit remedies to bring its California VW fleet of diesel engine vehicles into compliance with California emission regulations. It is doubtful whether VW can timely comply with this demand.

Walch Law Recovers Over 3 million dollars for personal injury clients this year

September 8, 2015 | by Robert Walch

So far in 2015, The Walch Law Corporation has recovered over $3,000,000 for its wrongful death and personal injury clients. This notable figure does not include property damage recoveries, which include repairs for clients’ vehicles and pay offs when the vehicle is rendered a total loss in an accident.

Recently, our attorneys obtained a favorable judgment in a disputed liability intersection accident case that went to binding arbitration. The case involved a he said she said situation, in which both parties claimed the other party ran the red light. There were no independent witnesses to verify either party’s version of the events. Through detailed hard work and persuasive arguing, we were able to convince the arbitrator to award 100% liability against the other party. Once liability was determined, we were able to get our client fairly compensated for the total loss of his vehicle, his medical bills and his pain and suffering.

Robert Walch also recently got a very good settlement on a Los Angeles motorcycle accident case. The insurance company for the vehicle that hit our client would not make a fair offer, so we filed a lawsuit and eventually we were able to settle for a fair amount for our client.

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.

Simi Valley Taxi Drivers Protest Lack of Uber Regulation

July 22, 2015 | by Robert Walch

According to the Simi Valley Acorn, local taxi drivers and taxi company owners were at the Simi Valley City Council meeting on Monday to protest against the rise of Uber, a popular ride sharing service, in the community. Their main problem with Uber is that while taxis must abide by many regulations, Uber is often not subject to the same regulations. Accordingly, if there is a Simi Valley Uber car accident, the customer may not have the same rights as if he or she was in a Simi Valley taxi accident.

The taxi representatives said that they must abide by requirements such as background checks, inspections of taxis, fees and commercial insurance for their vehicles. They feel that Uber, a service where users order a ride from an Uber driver via an application on the user’s phone, does not have to abide by the same rules and therefore is able to operate at less expensive prices. This has cost taxi owners and drivers much of their business.