California Personal Injury Lawyers Blog

TWO BOMBS EXPLODE AT BOSTON MARATHON – 3 KILLED, OVER 170 INJURED!!!

April 16, 2013 | by Robert Walch

Yesterday afternoon, Monday, April 15, 2013, two bombs exploded during the Boston Marathon, reportedly killing three and injuring more than 170. Some of those injured are critical, many reportedly losing limbs and suffering shrapnel and other serious injuries.

With over half a million present and twenty thousand runners from over 100 nations, the casualties certainly could have been far greater, but that is no comfort to those tragically affected by this horrific act of terrorism. Those responsible have not been arrested or identified, and presently there is no information whether those responsible are foreign or domestic. Regardless, this act, the first apparent successful act of terrorism against a city in the United States since Sept 11th, is one committed by cowards against innocent, defenseless people participating in what was to be a wonderful day of excitement, exercise and celebration.

Initially a 15 block area was closed off to assist investigators with the crime scene and this morning the Police Commissioner announced it has already been reduced to 12 blocks, with further reductions planned. Although the crime scene area is closed off, city official have stated there is a heavy police presence at public areas, such as Logan Airport, where traffic had been suspended, and city subway stations, and urged the public to come into Boston.

Lakers’ Player’s Bentley Totaled in Los Angeles Car Accident

March 31, 2013 | by Robert Walch

Jordan Hill, a forward on the Los Angeles Lakers, had his Bentley totaled in the early hours of Saturday morning after a Los Angeles car accident. According to BleacherReport.com, the Bentley was driven by Hill’s friend, Michael Lacey, a former college basketball player, when it crashed into an apartment building.

It does not appear that anyone was hit by the car when it crashed into the building, but Lacey and/or his female passenger did appear to sustain injuries, as police are said to have followed a blood trail from the car to the apartment elevator, in the building where Hill has an apartment.

Lacey was arrested on charges of driving under the influence. Neither Lacey, nor his passenger, required hospitalization for their Los Angeles car accident injuries. Hill, who apparently was not involved in the crash, did not sustain any injuries, although he is still recovering from his hip surgery.

Two Seriously Injured in Los Angeles Gas Explosion

March 15, 2013 | by Robert Walch

A Los Angeles gas explosion at a Sports Chalet in La Cañada Filtridge resulted in serious burn injuries to two store employees. According to the Los Angeles Times, the employees were going to shut off a gas valve, after a person reported smelling gas, when the explosion occurred. The two employees suffered serious burn injuries in the gas explosion.

The employees reportedly suffered second and third degree burns in the La Cañada Filtridge gas explosion. Sport Chalet, the owners of the store, and employers of the injured employees, has apparently offered their support to the injury victims and is having a blood drive on March 26th, with the American Red Cross.

The store employees, who were injured on their job, should be able to make a Los Angeles workers’ compensation claim against their employers’ workers’ compensation insurance coverage. This is coverage that will cover the employees regardless of who caused the accident. From a Los Angeles personal injury standpoint, if any customers of the store had been injured, they would have to make a claim against whoever was responsible for causing the gas explosion in La Cañada Filtridge.

Van Nuys Motorcycle Accident Results in Possible Wrongful Death

March 12, 2013 | by Robert Walch

A man was killed on Monday in a Van Nuys motorcycle accident. The motorcycle accident in Van Nuys occurred on the 405 Freeway. The motorcyclist was headed southbound on the 405 freeway, at around eight in the morning, when he collided with at least one other vehicle.

The 405 freeway accident caused the closure of three lanes near Sherman Way. According to the Los Angeles Daily News, the victim of the 405 freeway motorcycle accident was an adult male, but he has not yet been identified. Many drivers who passed by this tragic accident scene reported that the motorcyclist passed away at the scene and was not transported to a hospital.

We have not yet heard if the California Highway Patrol has determined who was at fault for this Van Nuys motorycle crash. It will be necessary to interview witnesses and the drivers of the other vehicle or vehicles involved in the crash, before determining fault. Unfortunately, as we have written about before, and seen in many of our own cases, many witnesses typically blame the motorcycle rider, even when the driver of a car is at fault for causing the crash.

Pedestrian Killed in Downtown Los Angeles Truck Accident

March 11, 2013 | by Robert Walch

A downtown Los Angeles truck accident has resulted in the death of a 52 year old lady. Four other pedestrians were injured in the truck accident in Los Angeles. According to the Los Angeles Times, a Chevrolet Avalanche pickup truck apparently collided with five pedestrians while they were standing on the sidewalk. After striking the pedestrians, the truck crashed into Casa India Restaurant, on Broadway.

It is not clear what exactly caused the downtown Los Angeles pedestrian accident. It is possible the driver of the pickup truck lost control of the vehicle, causing the crash. In other similar circumstances, we have seen drivers suffer heart attacks or strokes before striking pedestrians or other vehicles. Here, according to the Los Angeles Police Department, the restaurant’s structural integrity was not compromised by the impact.

Injury victims of this Los Angeles accident should contact a Los Angeles truck accident lawyer to investigate the cause of the crash and to seek personal injury damages from the insurance company of the truck driver. The family of the woman who was killed should contact a Los Angeles wrongful death lawyer to seek wrongful death damages for the victim’s heirs.

Motorcycle Lane Splitting – Not Illegal – CHP Guidelines

March 8, 2013 | by Robert Walch

Contrary to the beliefs of many people in California, it is not illegal for motorcycles to lane split, meaning to pass between cars in adjoining lanes of a roadway. According to the Los Angeles Times, a survey found that 78% of motorcyclists admit to lane splitting. In order to help prevent California motorcycle accidents, the CHP has issued guidelines for motorcycle riders to follow when lane splitting.

First, the most important thing is that any lane splitting be done safely. Then, when lane splitting, the motorcyclist should not exceed 10 miles per hour over the speed of the traffic he or she is passing. Next, when traffic is flowing at more than 30 miles per hour, the motorcyclist should not split lanes. Finally, the motorcyclist should use the area between lane number 1 and lane number 2 when splitting lanes.

It is important to note that the above guidelines are not the law. Motorcyclists may get a ticket if they are deemed to be driving recklessly, even though they are following the CHP guidelines. Steve Guderian, of ABATE, the American Brotherhood Aimed Toward Education, argues that lane splitting should be called “lane sharing” and when driving in traffic, a lane splitting motorcyclist is actually less likely to get into a California motorcycle accident, by a rate of over two to one, compared to vehicles that are not lane splitting.

WORKERS’ COMPENSATION – MORE ON BENFITS PAID TO ATHLETES

March 7, 2013 | by Robert Walch

As reported here on March 1, 2013, in our blog entitled, “Workers’ Compensation Pays Cash Benefits to Out of State Athletes,” California provides workers’ compensation benefits for injured pro athletes. California is unique in that it does this not only for our own athletes, that is players and former players of our own California NFL teams, like the San Francisco 49ers, Oakland Raiders and San Diego Chargers, but it also does it for players and former players for any out-of-state team who played any games in California.

The reason California pays these work comp benefits is because we are unique in at least two respects:

First, under California law, an injured employee based in another state may claim benefits under California’s workers’ compensation system if the injured worker can show any injury occurred here. And, with all the pro teams located in this state, it is rare for a pro athlete not to play any games in California.

Second, California is one of just nine (9) states that allow workers’ compensation claims for “cumulative trauma injuries”. These are the types of injuries that build up over time. The most common non-sports cumulative trauma injury is carpal tunnel injury which many workers routinely suffer from many years of typing. In the NFL, the most common cumulative trauma injuries have been to knees (like Adrian Peterson’s torn ACL, but returning to win MVP), necks [like Payton Manning returning from four (4) reported neck surgeries to win Comeback Player of the Year] and backs.

WORKERS’ COMPENSATION PAYS CASH BENEFITS TO OUT OF STATE ATHLETES!

March 1, 2013 | by Robert Walch

Did you know that retired professional athletes with non-California teams are receiving California Workers’ Compensation payments?

Former pro athletes who previously played for non-California teams are eligible for and receiving money under California’s workers’ compensation insurance program. According to the Los Angeles Times, former Denver Broncos running back Terrell Davis, who played just nine times in California in his 88 game career, received $199,000 from a California workers’ compensation court. He was paid this workers’ compensation money for the lifelong cumulative effects of his NFL injuries, including injuries to his head, arms, legs and general body, per records of workers’ compensation.

Student Killed After Hit by Car in Pomona

February 28, 2013 | by Robert Walch

A student at Cal Poly was killed after being hit by a car in Pomona, California. The Pomona accident occurred earlier today and the victim’s identity has not yet been released. According to the Los Angeles Times, investigators were still trying to find out the cause of the Pomona pedestrian accident.

It is not yet clear what caused the pedestrian accident in Pomona. The 21 year old student was hit by a car on campus. From early reports, it is not clear if the driver fled the scene or was identified. If the driver was at fault, a Pomona wrongful death claim may be brought against the driver. If the driver had auto insurance, his or her insurance would be responsible for paying the wrongful death damages, up to the amount of the liability coverage on the policy.

There are many potential causes to California pedestrian accidents. Many people are hit by cars when they are jaywalking, meaning crossing a street illegally. However, if a person is jaywalking, drivers still have a duty to act to avoid hitting the person. Unfortunately, many drivers do not anticipate the jaywalker and do not have enough time to react to avoid the accident.

Man Killed in Malibu Pedestrian Accident

February 27, 2013 | by Robert Walch

A pedestrian accident in Malibu has resulted in the death of Luis Olmedo, who was hit by an SUV when crossing Pacific Coast Highway. The Malibu pedestrian accident occurred at about 6:45pm yesterday, near Decker Canyon. According to the Ventura County Star, the investigators say that alcohol and speed did not play a part in the Malibu accident. Investigators did apparently say that they believe Olmedo was at fault.

The Los Angeles County Sheriff’s Department is investigating the case and said the man was fishing at El Pescador Beach before he tried to run across PCH. After the man was hit by the car, the driver called 911. Emergency responders were unable to save him and Mr. Olmedo was pronounced dead.

In over 35 years of handling California personal injury accident cases, we have seen many Pacific Coast Highway car accidents. Unfortunately, despite the sometimes heavy police presence, many drivers tend to drive too fast on PCH, leading to many Malibu car accidents. Also, as the main access road for many residents of Malibu, we see a lot of drunk driving arrests and crashes on PCH. So far, however, there is no evidence that speed or alcohol caused this PCH accident.