Southern California Injury Law Blog

Bicyclists from around the world were awaiting the sentencing of Dr. Christopher Thompson today for the road rage incident that happened in July 2008. After many letters and emails to the judge, he ultimately sentenced Dr. Thompson to 5 years in prison for the assault on the two cyclists, sending a strong message that cars and bicyclist must share the roads in a civilized manner.

The accident occurred on Mandeville Canyon Road in Los Angeles. Scenic roads are famous for bicycle lovers for their good work out as well as shady trees for comfortable riding. Dr. Thompson testified that while driving to work two cyclists had flipped him off and yelled profanities to him only when he suggested that they ride single file on the windy road. After these words were exchanged, Thompson then sped in front of the cyclists and slammed on his brakes. One cyclist was slammed into the rear window of Thompson’s car; breaking his front teeth and causing several facial lacerations. The other rider crashed onto the sidewalk and suffered a separated shoulder.

Thompson had experienced two prior incidences before this accident and had told officers after the crash that he was going to “teach them a lesson”. Recently other canyon residents had complained that cyclists were ignoring stop signs and riding side by side. However, this does not justify the escalation in violence that occurred that day.

Bicyclists are a frequent victim of intentional and negligent actions by drivers. If you want to consult with a personal injury attorney specializing in bicycle accidents call Allen, Flatt, Ballidis & Leslie at 1 866 981-5596 or see our web site devoted in bicycle accidents. We can help if you call and the call is always free.

Nationwide there were over 43,000 bicycle injuries with about 715 deaths in 2008. Two-thirds of the deaths are due to traumatic brain injuries, normally caused by the cyclist not wearing a helmet. Since drivers and cyclist must share the roads together, let’s look at some safety guidelines to ensure fewer accidents.
With the increase in bicycle accidents, the California Department of Transportation has compiled a list of safety guideline for any cyclists commuting or riding for pleasure.

· Wear a helmet! 92% of all bicycle injuries involve a motor vehicle
· Always ride in the same direction as other traffic, not against it
· Ride in a straight line
· Ride to the right if you are slower than the other traffic
· Stop at red lights and stop signs
· If you’re riding at night, you must have a white light on the front of your bike that emits 300’ from your bike. In addition, you must have a red reflector that is visible 500’ from the rear of the bike. Lastly, Mount white or yellow reflectors on your pedals for added safety.
· Wear bright colors in the daytime
· Keep a safe distance from parked cars
· Use proper hand signals when turning or changing lanes
· Use extra caution when its raining and allow for extra stopping time
· Cross railroad tracks at a right angle
· Walk your bike across a crosswalk
· Don’t wear headphones while riding
· Keep your bike maintained properly
· Ride defensively.

For further bicycle safety tips you can access the DMV’s website at www.dmv.ca.gov and the DOT at www.dot.ca.gov/
Safe riding!

James Ballidis is a personal injury attorney specializing in bicycle and auto accidents in Southern California. Call for a free consultation at 1866 981-5596 for your accident needs.

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Posted In: Bicycle accidents

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According to a new report from the California Senate Office and Oversight Outcomes, there are some serious flaws in the way the state of California detects and monitors the elder abuse cases that is overseas. In Orange County alone, the elder abuse cases have tripled since 1994.
Elder abuse can be any violation against the elderly that is physical, verbal, emotional, or economic. California’s aging population is expected to have explosive growth in the next twenty years and California must do a better job of protecting the most vulnerable of our citizens.
One local case was in Laguna Hills that ended in the death of an elderly woman who was mistakenly given morphine and then choked on her food. She later died at a local hospital and the facility was fined $75,000. Another nursing home in Tustin was fined $50,000 when the staff failed to assess a man’s ability to eat and he later choked to death as well.

Additionally, three other nursing home patients were killed when the nursing home director had drugged the patients with powerful anti-psychotic drugs to control them. Heavy workloads and limited staff are commonplace in nursing homes and drugging patients is on the rise according to recent reports. If you or someone you love is a victim of elder abuse, a personal injury attorney can assist you with the investigation and if necessary a lawsuit to stop the abuse, correct the problem and get financial compensation for the harm caused. C all Allen, Flatt, Ballidis & Leslie, or see our personal injury site at www.thecaliforniainjurylawyer.com.

These offenses seem unbelievable and fortunately, most violations are relatively minor compared to these offenses. In fact, around 30% of the nation’s nursing homes have some sort of deficiency and about 1 in 20 actually have abuse. But how can you make sure your loved ones are being cared for? One controversial solution is the use of web or video cameras.
The residential homes that have cameras actually have greater family support and less theft and claims of abuse. Some staff actually welcome cameras to prove their side in false allegation claims. However, one family set up a video camera in their loved one’s room and was horrified when they viewed the film.

Maria Arellano’s family began noticing bruises on her body in early 2006 and when the staff did nothing after the complaints, the family installed a video camera. An aid was caught pulling Ms. Arellano’s hair, bending her neck, fingers and wrists and treating her violently in the shower chair. In addition, the same staff member was found to have repeatedly slapped this stroke victim. Obviously, this woman could not defend herself. Just last month the Arellano family was awarded $7.75 million for elder abuse in the Fillmore Convalescent Hospital in Southern California

How can you protect a loved one from a bad nursing home? A little comparison research into nursing facilities within your county before you need it will ensure a better experience for your entire family.

A good starting point is www.medicare.gov/. On the Medicare site, you can search nursing homes by name, city, zip, state or geographical region. In addition, you can compare several homes, side by side, for any violation and staffing numbers. Finally, once you decided on a home you may access detailed health and fire inspection reports on these facilities.

Additionally, you can visit the California Advocates for Nursing Home Reform’s website at www.canhr.org/ for a listing of nursing homes with the Department of Health violations.

James Ballidis is a personal attorney in Newport Beach, California. Call us at 1 866 981-5596 for a free consultation.

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Posted In: Injuries

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