California Personal Injury Lawyers Blog

San Pedro Motel Fire Injures At Least 14

January 22, 2013 | by Robert Walch

At least 14 People were injured in a motel fire in San Pedro, California today. The motel fire occurred at approximately 3:30 this morning and 150 firefighters responded and had the fire extinguished by about 4:00 a.m. Of the those who were injured, 12 had to be hospitalized for their fire and burn injuries. The motel fire injuries included third degree burns and smoke inhalation. Of the 12 who had to be taken to the hospital, three victims were listed to be in critical condition.

The motel fire, which occurred at the Palos Verdes Inn, may have injured as many as 17 people, including a police officer who reportedly suffered a smoke inhalation injury.

According to the Los Angeles Times, some guests at the motel climbed to the roof to escape the fire, and apparently one guest jumped from the roof to escape. Due to the speed at which the fire moved through the motel and because of the heat it generated, the Los Angeles Fire Department is investigating the fire as a possible arson. The fire department also said that smoke detectors were quickly overcome by the heat of the fire.

NO AMUSEMENT PARK LIABILITY FOR BUMPER CAR PERSONAL INJURY ACCIDENT

January 7, 2013 | by Robert Walch

The California Supreme Court has sided with Great America Amusement Park in an important bumper car accident case.

In a decision limiting liability of amusement parks for amusement park accidents to patrons, the California Supreme Court ruled on December 31, 2012, that the Great American Amusement Park is not liable for amusement park injuries suffered to a rider of a bumper car resulting from the inherent nature of the attraction.

The California Supreme Court previously held in a case relating to sports (touch football) injuries: “In cases involving ‘primary assumption of risk’–where, by virtue of the nature of the activity and the parties’ relationship to the activity, the defendant owes no legal duty to protect the plaintiff from the particular risk of harm that caused the injury–the doctrine continues to operate as a complete bar to the plaintiff’s recovery.” Knight v. Jewett (1992) 3 Cal. 4th 296. The court now has extended this doctrine to recreational activities, limiting liability for injuries resulting from amusement park rides.

In a suit brought by Smriti Nalwa, due to her fracturing her wrist while trying to brace herself by putting her hand on the car’s dashboard in a head on bumper car collision, the California Supreme Court ruled 6 to 1 that her accident injury was caused by the collision with another bumper car, a normal part of the ride. According to the Los Angeles Times (AA1, January 1, 2013), the court stated, “A small degree of risk inevitably accompanies the thrill of speeding through loops, defying gravity or, in bumper cars, engaging in the mock violence of low-speed collisions. Those who voluntarily join in these activities also voluntarily take on their minor inherent risks.”

In analyzing the legal doctrine of assumption of the risk and recreational activities that inherently involve some risks, the court stated that riders assume some risks when voluntarily riding on bumper cars, specifically stating “[T]he primary assumption of risk doctrine is not limited to activities classified as sports, but applies as well to other recreational activities ‘involving an inherent risk of injury to voluntary participants . . . where the risk cannot be eliminated without altering the fundamental nature of the activity.’ (Beninati v. Black Rock City, LLC, supra, 175 Cal.App.4th at p. 658.)”

Politician Injured in Los Angeles Truck Accident

December 3, 2012 | by Robert Walch

Mike Feuer, a democratic State Assemblyman who is currently running for city attorney was injured today in a Los Angeles truck accident. Feuer was driving his Toyota Prius when his vehicle was allegedly struck by a truck that ran a red light. Mr. Feuer was taken to the hospital, but his injuries were fortunately described as not life threatening.

The Los Angeles Times reports that Assemblyman Feuer’s campaign spokesperson said that the campaign will continue and that Feuer should hopefully make a quick recovery from his truck accident injuries. The L.A. Times also reported that Feuer was on his way to watch newly elected district attorney for Los Angeles County, Jackie Lacey, get sworn into office at the Galen Center in South Los Angeles, when he was in the Los Angeles car accident. The Galen Center is the arena where the USC Trojans basketball team plays its home games.

It was not disclosed if the rain in Southern California today contributed to causing this auto accident in Los Angeles. However, there were many rain accidents reported throughout Los Angeles today. For this reason, it is again advised that all drivers take extra precautions when driving in the rain, including keeping a larger distance between themselves and the vehicle in front of them, and driving slower than normal.

CHP Reports Increase in Los Angeles Car Accidents Due to Rain

November 29, 2012 | by Robert Walch

According to the Los Angeles Times, the California Highway Patrol has reported that there were 188 car accidents in Los Angeles County today, for the areas covered by the CHP, just between the hours of 12am and 8:00am. The increase in Los Angeles car accident incidents today is mostly due to unsafe driving in the rain. By comparison, in the same time period last week, without the rain, there were only approximately 36 Los Angeles accidents.

The CHP blamed the Los Angeles rain accidents on drivers who drive too fast for conditions. Their main advice to drivers was to slow down, when driving in the rain. While many of the accidents were just one car accidents involving a vehicle that spun out in the rain, there were some serious Los Angeles crashes, including a Glendale big rig truck accident on the 5 Freeway and a fatality accident on the 134 freeway in Toluca Lake.

The Toluca Lake car accident occurred on the westbound 134 freeway and involved at least two vehicles. Two people apparently suffered minor injuries, while a third person died at the scene of the accident.

The Glendale truck accident occurred at around two o’clock this morning, left debris over the southbound 5 Freeway and blocked the northbound lanes. The southbound lanes were not open until about 6:30am and the northbound lanes opened at approximately eight o’clock in the morning. Depending on the cause of the truck accident in Glendale, the family of the victim may be able to make a Glendale wrongful death claim against any responsible parties.

Los Angeles to Las Vegas Train Should Ease Traffic and Reduce Car Accidents

November 27, 2012 | by Robert Walch

According to the Los Angeles Times, a company called Las Vegas Railway Express, will be set to operate a train route from Southern California to Las Vegas. The “X Train” will be for adults only and will be on refurbished trains traveling from Los Angeles to Las Vegas on Thursday and Friday afternoons, and back to Los Angeles on Sundays.

This new passenger train route, which will leave from Fullerton, California, will be expected to ease traffic for those commuters who still wish to drive to and from Las Vegas. It should also cause a reduction in the amount of Nevada and California car accidents that occur each year. The route is expected to begin operations for New Years Eve in 2013.

Many California residents are very familiar with the extreme traffic during peak travel hours on Interstate 15. This new passenger train route should hopefully reduce those traffic jams. Also, with less cars on the road, the amount of car accidents should also be reduced. On the other side of the argument, when there are fewer cars on the road, sometimes cars travel faster, leading to more serious car accident injuries.

The train ride is expected to cost $99 each way, and is meant to be an extension of the Las Vegas party atmosphere. Passengers will not have to worry about drinking and driving, or driving home in traffic with a rough Las Vegas hangover.

Consumer Protection – Vote NO on Propositions 32 & 33!

November 5, 2012 | by Robert Walch

Although we try to stay neutral on political issues, when ballot measures involve Consumer Protection issues, as some do on the November 6, 2012, ballot, we feel an obligation to offer some information to those who are interested.

Proposition 32, limiting political contributions (which if and when done fairly across the board to limit influence peddling – or as some might say “legal bribery”) would be great, but here it is promoted or supported by just one side (huge corporations and insurance companies) who unfairly want to limit campaign contributions by their adversaries without making those limits reciprocal or equal for both sides. Regardless of your position, this should be offensive. You might wonder when those with resources might similarly try to limit you!
As those against it wrote, “Before you vote on Prop. 32, answer two questions. Would billionaires pay to place this on the ballot unless they were getting exemptions! When’s the last time a proposition backed by special interests in California didn’t contain loopholes and exemptions?”
“Real estate developers, insurance companies and billionaire venture capitalists are just three groups EXEMPT from provisions of Proposition 32, while a union will no longer be able to contribute to candidates. In addition, huge corporate special interests can continue to spend unlimited money on politics.”

Where are the checks and balances? Where is the fairness? Who will be there to assist you when those with resources try to limit you or their opposition?

Proposition 33, which attempts to change current law to allow insurance companies to set rates based on whether the applicant-driver previously carried insurance with an insurance company, is simply a trick to charge some Californians more for auto insurance. Proposition 33 reportedly is funded 99% by one insurance company billionaire who claims he wants to save drivers money on their insurance. “When was the last time an insurance company executive spent $8 million on a ballot initiative to save you money?”

Rapper Diddy Injured in Los Angeles Car Accident

October 26, 2012 | by Robert Walch

A Los Angeles car accident on Tuesday caused injuries to the rapper and entertainer knows as Diddy. According to The Sun, the car accident in Los Angeles occurred near the Beverly Hills hotel, on Sunset Boulevard. Diddy suffered injuries to his neck, ribs and collarbone.

Celebrity news site “TMZ” has reported that the Beverly Hills car accident occurred when a Lexus made a left turn in front of Diddy’s Cadillac Escalade. The Escalade was apparently unable to stop in time and t-boned the Lexus. Reports indicate that Diddy was being driven by a chauffer at the time of the Los Angeles crash. The police who were called said Diddy’s driver, Diddy, and the driver of the Lexus all sustained injuries in the left turn accident.

Apparently, Diddy did not leave the scene of the accident by ambulance. However, he did seek medical care and treatment for his car accident injuries.

Sometimes, auto insurance companies will try to negate a person’s injuries by making the argument that the person did not leave the scene of the crash in an ambulance, so the injuries must not be that bad. However, this is a misguided and unfair argument. Frequently, the effects of an automobile collision are not fully felt right away. Often, this is because accident victims often get a rush of adrenaline after a crash. They may be happy to just be alive, or more worried about others, and not realize the true extent of their own pain and injuries. Because of this, many accident victims will often tell the police, paramedics or 911 operators that they were not injured in a crash.

TRAFFIC SAFETY – GOOGLE, INC. WORKING ON SELF DRIVING CARS

September 26, 2012 | by Robert Walch

In an attempt to try to reduce California car accidents in the future, self-driving cars are now allowed on California roads. Jerry Brown, the governor of California, just signed a bill that allows the testing of self-driving cars on California streets.

Yesterday, Gov. Brown, at a ceremony held at Google’s headquarters located in Mountain View California, signed into law, SB1298, which establishes guidelines for “autonomous vehicles” to be tested and operated on California roads. The bill was sponsored by State Senator Alex Padilla (Democrat from Pacoima). According to the Los Angeles Times, Senator Padilla said, “We are stepping on the accelerator when it comes to the Google Car.”

It is well known that the cause of most car and other motor vehicle accidents is human error. It is believed that “autonomous car technology” can reduce the number of accidents and, therefore, the number of injuries and deaths on California roads.

Google, Inc. co-founder Sergey Brin stated, “These vehicles have the potential to avoid accidents … We can save lives, create jobs and reduce congestion. I expect the self-driving cars will be far safer than human driven cars.”

This project is not exclusively Google’s. Caltech and others also have been working to develop cars that use radar, video cameras and lasers to safely navigate roads and safely operate in traffic conditions without any human assistance. Their contention is that these computer-controlled vehicles should eventually drive more safely than human operators.

Food Poisoning from Trader Joe’s Peanut Butter?

September 24, 2012 | by Robert Walch

Trader Joe’s Creamy Salted Valencia Peanut Butter has been linked to 29 cases of salmonella illnesses over 18 states. As a result, and in an effort to protect the public and avoid further Trader Joe’s food poisoning, the Trader Joe’s grocery store chain is recalling this peanut butter and the public is warned not to consume the Trader Joe’s peanut butter.

The Los Angeles Times reported today that the United States Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) stated that Trader Joe’s Creamy Salted Valencia Peanut Butter, which is sold nationwide, is the likely source of this problem. It is also reported that these two (2) government agencies are investigating as to whether any other items sold at this chain could be contaminated.

Salmonella or salmonellosis is also referred to as “food poisoning”. According to the Centers for Disease Control and Prevention, “Salmonellosis is an infection with bacteria called Salmonella. Most persons infected with Salmonella develop diarrhea, fever, and abdominal cramps 12 to 72 hours after infection. The illness usually lasts 4 to 7 days, and most persons recover without treatment. However, in some persons, the diarrhea may be so severe that the patient needs to be hospitalized.” This infection is more dangerous to children, the elderly and those with a weak immune system.

Not surprisingly, as the infection is linked to eating peanut butter, more than three-fourths of those who became infected are under 18 years of age.

30 Year Old Man Killed in Glendale Car Accident

September 14, 2012 | by Robert Walch

A 30 year old man was killed this morning in a multi-vehicle freeway car accident in Glendale, California. According to the La Cañada Flintridge Patch, the Glendale car accident occurred on the 134 Freeway, at around seven o’clock in the morning. The California Highway Patrol reported that the man died at the scene of the Glendale freeway accident.

This multi-vehicle car accident caused the closure of three lanes of traffic on the Ventura Freeway and resulted in serious traffic delays from Monrovia to Burbank. The CHP is still investigating the cause of this Glendale freeway crash. Various witness accounts of the accident and of the aftermath have claimed that the car was overturned after the crash. A person who said she was in another car and witnessed the accident has claimed to have seen the deceased driver swerving before the collision.

It is always important however to look very carefully at witness statements. Sometimes, witnesses can have a bias. Other times, witnesses think that they recall something, but actually remember it quite differently from how it happened.