California Personal Injury Lawyers Blog

CarMax Salesman Killed During Test Drive in Ontario Wrongful Death Crash

February 25, 2016 | by Robert Walch

A salesman for CarMax, Warren Smale, was killed on Tuesday in an Ontario car accident. The car accident occurred when Smale was the passenger of a Chevrolet Corvette that was being driven by Alex Demetro. According to ABC11 News, Ontario Police are confirming that Mr. Demetro was driving at a high rate of speed when he crashed into a tree, tragically killing Mr. Smale.

Mr. Demetro was allegedly under the influence of drugs at the time of the car accident in Ontario, California. He has been arrested for gross vehicular manslaughter, for the death of Warren Smale.

Carmax is the largest used car retailer in the United States, with approximately 150 locations throughout the country. The driver of the vehicle on the test drive, Alex Demetro, was also allegedly driving with a suspended license.

There are many civil and criminal legal ramifications for a tragic car accident wrongful death such as this one. Criminally, the driver will likely be charged and may face significant jail time for the death of Mr. Smale. Civilly, the heirs of Mr. Smale will likely make a claim for wrongful death damages. Assuming that Mr. Smale was an employee of CarMax, there may also be a worker’s compensation claim.

Driverless Cars and Car Accident Safety

January 8, 2016 | by Robert Walch

The idea and implementation of autonomous (driverless) cars is getting much publicity lately, especially in California where many large technology companies such as Google have been experimenting with the technology. Bloomberg Business recently reported that the Michigan Transportation Research Institute did a report that found that driverless cars are involved in twice as many car accidents as regular cars.

Fortunately for the driverless car industry, those accidents have been relatively minor and the cars driven by humans have been at fault. The cause of these car accidents apparently often comes down to humans not being able to properly anticipate the actions of the autonomous vehicle. Humans are accustomed to driving amongst other human drivers, knowing what to expect and what not to expect. For example, humans will expect other drivers to drive above the speed limit on the freeway when there is open traffic, however driverless cars are programmed not to exceed the speed limit. Driverless cars may also start and stop differently to how a human driven car would do those things.

RAIN CAUSES LOS ANGELES REAR END CAR ACCIDENT COLLISIONS

January 5, 2016 | by Robert Walch

The Los Angeles rain storm that started early this morning has caused many rear end car accidents. The rain water, mixed with oil and other greasy like substances that has been accumulating on our streets, has coated the streets in Los Angeles, including the San Fernando Valley, with a slick substance causing many rear end crashes, some causing serious injuries, including to head, neck, shoulders and back.

In such rainy weather conditions, it is important to do the following:

Drive slower
Keep extra space or distance between your car and the vehicle in front of you.
When approaching an intersection with a stop sign or red traffic signal, plan to stop at least one car length farther away from the intersection than you normally would, to allow sufficient time to stop and avoid any vehicle in front of you, any pedestrians and any bicycle riders.
Preventative maintenance: Be sure your tires are properly inflated, your windshield wipers are in good condition and your brakes are in good working order. Many tire stores and repair shops will fill tires and check wipers and brakes as a courtesy. If you need any referrals to do this, just give us a call.

Police Looking for Driver Who Killed Pedestrian in Santa Ana Accident

December 3, 2015 | by Robert Walch

The Santa Ana Police Department is looking for the driver of a vehicle that struck and killed a man on Sunday. The Santa Ana pedestrian accident occurred in the early hours of Sunday morning on W. 1st Street. According to KTLA5 News, witnesses reported seeing a newer blue Honda Accord (approximately 2013-2015), with tinted windows, that apparently sped up after the accident.

The victim of this Santa Ana accident was Jorge Luis Lopez-Lobato, who was found on the center median. He was 35 years old and rescuers were not able to do anything to revive him. The investigating police offer said that Mr. Lobato was not in a crosswalk and was crossing near the middle of the block. The officer pointed out that if the driver of the vehicle had stopped, there may be no criminal charges for the accident.

However, because the driver of this car fled the scene, there will potentially be vehicular manslaughter charges if and when the driver is located by police. Police also said that the vehicle’s driver’s side mirror was knocked off and there should be damage to the front of the car from the impact.

If anyone has any information about this accident, they should call Orange County Crime Stoppers at 1-855-TIP-OCCS.

Driver Suffers Critical Injuries in Lancaster AVTA Bus Accident

November 24, 2015 | by Robert Walch

An Antelope Valley Transportation Authority bus collided with a pickup truck Monday, causing critical, but apparently not fatal, injuries to the driver of the truck. According to the Lancaster Sheriff’s Department, the driver of the pickup truck did not stop at a stop sign, which led to this Lancaster bus accident.

The Antelope Valley Times is reporting that three occupants of the bus had to be taken to the hospital for their injuries and the rest of the occupants did not need immediate hospital care. It does not appear that anyone on the bus suffered serious injuries in this bus crash.

The bus accident occurred on Avenue K and 70th Street East in Lancaster, California. Investigators with the Sheriff’s Department will have to determine if the driver of the bus did anything to contribute to causing this accident. As our personal injury law firm handles many accident injury cases in Lancaster, we know that often times vehicles are speeding on Avenue K in this area. The Sheriff’s Department also reported that it does not appear that alcohol or drugs played a part in the collision.

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.