California Personal Injury Lawyers Blog

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.

Suspect Flees Los Angeles Hit and Run Accident Via Metro Bus

March 7, 2011 | by Robert Walch

A man fled the scene of a downtown Los Angeles car accident yesterday by boarding a Metro bus, according to the Los Angeles Police Department. The suspect in the hit and run collision has not yet been identified or located.

The car accident in downtown Los Angeles occurred at the intersection of 7th Street and Alvarado Street, when one of the vehicles apparently ran a red light. While the LAPD was saying it is unknown which vehicle ran the red light, the odds are that the driver who fled the scene was the culprit.

In our experience, hit and run drivers have fled the scene of the accident for many reasons, including because they have been intoxicated, the vehicle is stolen, their status in the country is not legal, they are in a hurry to get somewhere, etc. Usually it is the person who is not responsible for the accident that flees and does not exchange information at the scene.

The other vehicle in this Los Angeles hit and run accident had three occupants who were taken to a hospital with injuries that were described as non-life-threatening.

Because the vehicle was left at the scene of the downtown Los Angeles auto collision, police investigators will be able to determine who the owner of the vehicle is. Once they locate the owner, they can determine through eyewitness testimony if the owner was in fact the driver who fled the scene by bus.

Actor Injured in Beverly Hills Car Accident

March 5, 2011 | by Robert Walch

David Arquette, an actor, perhaps best known for his rolls in Never Been Kissed and Scream, allegedly was injured in a head on collision car accident in Beverly Hills on Friday. The accident apparently happened when the car in front of Arquette stopped and Arquette, who allegedly did not have enough time to stop as well, swerved into a car that was going in the opposite direction.

Both Arquette and the driver of the other car were taken to Cedars-Sinai Medical Center in Los Angeles and their injuries were described as minor or moderate. The Beverly Hills car accident occurred at Elevado Avenue and Doheny Drive, according to the Beverly Hills Police Department, who responded to the scene.

It is unknown at this time why the driver in front of Arquette stopped or if that driver has been identified. It is possible that the driver of the car hit by Arquette will make a personal injury claim for his injuries and damages against Arquette’s insurance company. The insurance company may claim that some of the liability for this Los Angeles car accident rests with the driver who allegedly stopped in front of Arquette, but this may depend on the reason for the stop discovered through investigation.

Drivers have a duty to maintain sufficient distance between them and vehicles in front of them, often referred to as a space cushion, so that if a car in front of them stops, they have enough time to react and stop without rear ending the car or taking drastic measure such as swerving into another lane or head on traffic. Because Arquette allegedly may not have allowed sufficient distance between his car and the vehicle in front of him, he may be held responsible for causing this car accident and then could be found responsible for causing the personal injuries and property damage to the driver of the other car.

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.

Ventura Rain Accident Danger This Weekend

February 26, 2011 | by Robert Walch

Last weekend, according to the Thousand Oaks Acorn, heavy rain was the cause of several Ventura County car accidents and injuries. One particular Thousand Oaks car accident occurred on the Northbound 23 freeway, wherein a car was turned over on its side.

The occupants of the vehicles in that car accident in Thousand Oaks were taken to Los Robles Hospital. The Acorn reports that more rain is expected to fall this weekend and that drivers should take extra precaution on the roads.

Some tips for driving in the rain, from Edmunds.com, include allowing for more travel time so you can drive slower, using your headlights, giving extra distance to any buses or trucks, and not to use cruise control.

These extra precautions can be key in avoiding a rain accident in Thousand Oaks and throughout California.

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.

Woman Seriously Injured in Los Angeles Hit and Run Accident

February 24, 2011 | by Robert Walch

A Los Angeles woman was seriously injured in a hit and run accident in South Los Angeles. The woman was crossing the street at 111th Place and Figueroa Street when she was hit by a Toyota Camry. The woman who was driving the Camry left the scene of the accident and was not located.

The injured woman had injuries that were described as life-threatening head trauma and was being treated at Harbor UCLA Medical Center.

It is against the law for a person to leave the scene of an accident without stopping to provide their information. If the driver of the Camry is found, she will face serious legal charges for the Los Angeles hit and run accident.

In addition to the criminal charges, the driver will likely face a personal injury claim made against her on behalf of the woman who was injured in the hit and run accident. In situations like this, the driver of the vehicle often does not have enough insurance coverage to cover the extensive damages that the injured woman has likely incurred, including hospital bills which can be six or seven figures.

The family of the injured woman should immediately contact a Los Angeles personal injury attorney who can investigate the relevant insurance coverages and liability, to see if there is possibly an uninsured motorist or underinsured motorist claim that can be made with the injured party’s insurance company as well.

Los Angeles Personal Injury Lawyers Launch New Injury Website!!!

February 23, 2011 | by Robert Walch

Our Los Angeles personal injury law firm is pleased to announce the publishing of our new injury website, located at www.walchlaw.com. The new look website, featuring upgraded and expanded content, is designed to help guide injury victims to obtain the help that they need without delay.

Our team of California personal injury lawyers and support staff strives to give every client the personal attention they need and deserve. We constantly receive compliments about how friendly and helpful our staff is.

Over the more than thirty five years we have been handling injury claims, we have helped all types of injury victims, from Van Nuys car accident injuries, to Woodland Hills burn injuries, San Bernardino truck accident injuries, North Hollywood slip and fall injuries, Los Angeles bus accident injuries, Hermosa Beach premises liability injuries, Thousand Oaks bicycle accident injuries, Pomona motorcycle accident injuries, Sherman Oaks dog bite and dog attack injuries, etc. Many of these cases involve fractures, surgery and wrongful death claims.

We also handle hit and run, uninsured motorist and underinsured motorist claims. If the person responsible for your injuries does not have insurance, it does not necessarily mean you do not have a viable claim. It is always best to speak with an experienced personal injury attorney right away.