Southern California Injury Law Blog

Some time around 2:30 a.m. on Monday morning, firefighters arrived to the on-ramp of the Glenn Anderson (105) Freeway in Paramount to find a Chrysler 300 Sedan on top of a minivan. Only the driver of the van, however, remained at the scene of the accident, trapped inside of his vehicle. The driver of the sedan, whom authorities believe ran a red light prior to the crash, fled, as well as two other individuals. The van driver—39-year-old Edwin Lee of Hacienda Heights—died while firefighters attempted to free him from the wreckage. Police are investigating the whereabouts of the driver responsible for this hit-and-run accident.

“I hope the person responsible for this tragic accident is found,” remarked a California injury lawyer. “The driver’s actions were egregiously negligent.”

When a family loses a loved one in an automobile accident and the negligent driver is absent, they not only suffer emotionally but also economically, as there is no one to hold accountable for their loss. Unfortunately, such accidents are not uncommon in California, resulting in 247 fatalities and 22,091 injuries in 2008 alone, according to the California Highway Patrol.

Everyone at Allen, Flatt, Ballidis, and Leslie would like to offer their condolences to the family of Edwin Lee. If they are in need of grief support, they can find an online support group for individuals who have lost a loved one here.

Additional information on accidents, including hit-and-run, and accident victims’ rights is available to the public free of charge.

To request an article or a book, or to speak with a California injury lawyer, feel free to call 866-981-5596.

On Saturday evening, a drunk driver traveling the wrong way on the 710 Freeway in Long Beach crashed into an SUV, sending it spinning into two other cars. The DUI accident left 5 people injured, two of whom had to be hospitalized. Police arrested the 23-year-old on suspicion of driving under the influence.

“Drunk driving is a serious problem in California,” remarked an Orange County car accident lawyer. “In fact, a recent study found that San Diego has the largest percentage of drivers with DUI convictions out of the entire country.”

Annually, 1.5 million people are arrested for impaired driving in California. One-third of those arrested have been convicted for the same offence before, prompting authorities to implement an ignition interlock device program for such drivers. Yesterday, Arnold Schwarzenegger approved a law that will allow judges to revoke the licenses of DUI offenders with three or more convictions for driving under the influence within the past decade. Hopefully, these measures will prove effective in decreasing the number of injuries and fatalities resulting from impaired driving each year.

Everyone at Allen, Flatt, Ballidis, and Leslie would like to wish those who were injured in Saturday’s Long Beach DUI accident a full recovery. If any of them are interested in learning about resources for the victims of drunk driving accidents, they will find an online directory here.

Articles and books on car accidents, DUI studies, and accident victims’ rights are available to the public free of charge.

To request an article or a book, or to speak with an Orange County car accident lawyer, feel free to call 866-981-5596.

An Orange County jury found Andrew Thomas Gallo guilty of three counts of second-degree murder, two felony counts of driving under the influence causing great bodily harm, and one felony count of hit-and-run. He will be sentenced on December 10, 2010 and faces 50 years to life in prison. In a recent article, an Orange County injury lawyer discussed why Gallo was sentenced to second-degree murder as opposed to gross vehicular manslaughter while intoxicated.

In the early morning hours of April 9, 2009, Gallo took the wheel of his parents’ mini van after consuming alcohol for over seven hours at multiple drinking establishments, despite the fact that his license was suspended due to a prior DUI conviction. At the same time a group of friends were heading to a nightclub after one of them, 22-year-old Nick Adenhart, had just pitched six perfect innings for the team he was set to join in 2009, the Los Angeles Angels of Anaheim. With almost three times the legal limit of alcohol in his blood, Gallo sped through a Fullerton intersection at almost 70 miles per an hour on a red light, broadsiding the vehicle in which Adenhart was riding, killing him and his friends, Courtney Stewart and Henry Pearson. The only surviving passenger, Jon Wilhite, sustained what doctors called “an internal decapitation”; his spine became separated from his skull.

In total, 1,239 people died in alcohol-related collisions in 2008, 62 of which occurred in Orange County, according to California Highway Patrol (CHP) records. The jury announced its guilty verdict this morning, marking the 11th murder conviction for a drunk driver in this county since 2008.

The Orange County injury lawyers at Allen, Flatt, Ballidis, and Leslie would like to offer their condolences to the families of Nick Adenhart, Courtney Stewart, and Henry Pearson, as well as wish Jon Wilhite a full recovery from his injuries. If any of them would like information on creating a charity in one of the accident victims’ names, they may want to read the California Attorney General’s “Guide For Charities.”

Over the years, an Orange County injury lawyer has written numerous articles and books designed to help accident victims through the legal process of obtaining compensation for medical expenses, property loss or damage, and pain and suffering.
This information is free and available to the public by request.

To request an article or a book, or to discuss a specific case, feel free to call 866-981-5596.

Candles and flowers marked the site where a truck accident killed 18-year-old Kody Kessler and left Jared Von Grote, 18, and Kristopher Howell, 18, injured on Wednesday. According to Westminster police, Von Grote was driving south on Rancho Road, near Spa Drive, when he lost control of the truck, causing it to rollover and then fall about 20 feet before landing in a concrete channel.

At present, authorities are still investigating the cause of the accident. It is not known yet whether speeding, drugs, or alcohol were factors, only that the driver lost control of the vehicle.

“Unfortunately, motor vehicle accidents are the leading cause of teenage fatalities in this country,” remarked an Orange County auto accident attorney, “and individuals aged 16 to 19 suffer the greatest risk.”

Drivers in this age group accounted for nine motor-vehicle-related fatalities each day of 2008, according to the Centers for Disease Control and Prevention (CDC). For every mile driven, 16- to 19-year-olds are four times more likely to be involved in an accident than older drivers. For this age group, the risk of an accident is greatest for male drivers and male passengers; unsupervised teenagers driving with similarly aged passengers; and teenagers who have recently received their license. Many of the accidents suffered by teenage drivers in the past few months have closely mirrored these findings, including the rollover truck accident in Westminster after which a memorial was erected for the teenager who was killed.

The Orange County auto accident attorneys at Allen, Flatt, Ballidis, and Leslie would like to offer their condolences to the family of Kody Kessler. If they would like to create a charity in his name, they may want to read the California Attorney General’s "Guide For Charities."

Additional information on teenage driving statistics, car accidents, and accident victims’ rights is available to the public free of charge.

To request an article or a book, or to speak with an Orange County auto accident attorney, feel free to call 866-981-5596.

Shortly after 11:30 on the night of Wednesday, September 15th, a 22-year-old drunk driver lost control of his car while rounding a curve on Highway 74 in Palm Desert, California. The vehicle overturned, the accident injuring both the driver and his passenger, who was taken to a nearby hospital.

This was not the driver, Gustavo Islas Duran’s, first DUI, explains a California injury lawyer. Last January, he received a misdemeanor for driving under the influence and was still on probation for this offense when he decided to get behind the wheel after consuming alcohol on Wednesday night.

In the last month, DUI repeat offenders in California have received widespread coverage from the media. This crash occurred just one day after the trials of two men responsible for fatal car accidents began in Orange County: that of Thomas Gallo, the drunk driver who, while still on probation for a prior DUI, crashed into the vehicle carrying Angels’ rookie pitcher Nick Aidenhart and two others; and that of Angel Herrera, whose failure to learn the dangers of driving under the influence from his two previous DUIs led him to take the wheel while intoxicated yet again, drive the wrong way on the 5 Freeway, collide head-on with another vehicle, and kill his passenger.

Every 45 minutes a life is lost in an alcohol-related accident in the United States. In response, many states, including California, have increased efforts to combat drunk driving. Recently, California implemented a program that requires first-time and repeat DUI offenders in four counties, Alameda, Los Angeles, Sacramento, and Tulare, to install ignition interlock devices in their vehicles. Drivers are forced to breathe into a tube connected to a machine that detects alcohol; this machine, in turn, is linked to the automobile’s ignition, preventing it from starting if alcohol is detected. If successful, the program could expand to cover the entire state. Hopefully, these devices, in combination with an increased number of DUI checkpoints, will serve as effective tools for decreasing the incidence of drunk driving in California.

The California injury lawyers at Allen, Flatt, Ballidis, and Leslie would like to wish the passenger who sustained injuries in the Palm Desert accident a full recovery, as well as offer their condolences to the families who have lost a loved one to a drunk driver. During this difficult time, if they would like information on services or support groups, an online directory can be found here.

Additional information on driving under the influence, victims’ rights, and other subjects involving personal injury law is available to the public free of charge.

To request an article or a book, or to speak with a California injury lawyer, feel free to call 866-981-5596.

Last week, the trial of Thomas Gallo, the young man accused of killing Angels’ rookie pitcher, Nick Adenhart and two others in a car crash on April 9, 2009, began in Orange County. Gallo has been charged with three counts of second-degree murder, felony hit-and-run, and driving on a suspended license while still on probation for a prior DUI. If convicted, he could spend the rest of his life in jail. At the time of the car accident, Gallo allegedly had more than twice the legal limit of alcohol in his blood. His case illustrates the tragic consequences of drunk driving and the importance of reporting drunk drivers to the authorities, explains an Orange County car accident lawyer.

Every 31 minutes someone is killed in an alcohol-related accident in the U.S. but fortunately DUI death rates have been decreasing over the last 4 years. There are several reasons for the decrease, including greater awareness of the dangers of impaired driving, increased weekend checkpoints, and, in times of economic downturn, less people go out to restaurants and bars to drink.

DUI checkpoints and DUI enforcement through “Report Drunk Drivers-Call 911” are very effective in creating awareness of the problem. In California, DUI arrests have increased over the last three years due to more awareness and public community campaigns. The main goal is to remove impaired drivers from the road before they can cause a serious injury accident.

If you see someone who you suspect is drunk driving, it’s important that you report that person by calling 911. The California Office of Traffic Safety has compiled a list of typical signs to detect an impaired driver:

• Weaving across the road or straddling the center lane marker
• Turning illegally or abruptly
• Erratic braking
• Stopping inappropriately

For a full list of signs, visit the website at www.ots.ca.gov

Additional information on impaired driving, distracted driving, and other subjects relevant to personal injury law is available free of charge to the public. To request and article or book, or to speak with an Orange County car accident lawyer, feel free to call 866-981-5596.

As Orange County children go back to school this September, many of them will be riding bicycles to and from school each day. With more children sharing public paths and roadways, an Orange County bicycle accident attorney thought it would be an appropriate time to discuss bicycle safety.

California was the first state to pass a bicycle helmet law back in 1986. This law was amended in 1994 to cover children under the age of 18. Each year more than half a million cyclist’s end up in emergency rooms and tragically over 800 will die; one quarter of those are children. Two-thirds of these deaths may have been prevented if the cyclist had worn a helmet. Well made headgear can reduce the risk of head injury by up to 85%, yet only about 50% of cyclists wear them.

Traumatic Brain Injury, or TBI, results from a severe blow to the head, in many cases from falling onto concrete or asphalt. The two age groups that have the highest risk of TBI are 15-19 year olds and 0-4 year olds. It’s important to have children start thinking about safety, starting with wearing a helmet. One severe fall could lead to a concussion or worse.

The main purpose of a helmet is to minimize head injury by absorbing the energy of an impact. New materials such as polystyrene foam do a great job expanding during a severe fall and protect your head. However after a hard fall, helmets need to be replaced. They can only withstand one severe jolt.

Here are some tips to remember when back to school shopping:

• Helmets are not the same for every sport. Bicycle helmets must be tested and certified to meet federal guidelines. Check packaging details for requirement data.

• Always try on a helmet before you buy it and be sure the straps are snug, not tight and that the helmet fits your head. If you’re not sure of the fit, ask an experienced salesperson in the area for recommendations.

The United States Consumer Product Safety Commission, CPSC has created a new brochure, “Which helmet for which activity?” It is freely available from the website at www.cpsc.gov/cpscpub/pubs/349.pdf

Lastly, for the first few days of the new school year, go over your children’s route and explain bicycle safety procedures. If your kids don’t ride their bike frequently, they may have forgotten some important rules of the road. Wearing a helmet can prevent serious head injury and protect your child—whether they want to or not, it’s the law!

For additional information on bicycle safety and bicyclists’ rights, or to speak with an Orange County bicycle accident attorney, feel free to call 866-981-5596.

As our children go back to school this September, many of them will walk there for the first time on their own, which can be an exciting experience. For those of us that are parents, however, letting go can be pretty scary. We work hard to make sure our kids know right from wrong and hope when we aren’t around they are always using their best judgment.

As a father and a California pedestrian injury lawyer, I’m well aware of the statistics indicating that nearly 100 American children suffer serious injury every day from accidents involving motor vehicles, which is why I want to share some pedestrian safety tips.

Before you let your kids start walking to school on their own, make sure they have a firm grasp on these pedestrian safety tips.

1. Look left-right-left before crossing and always keep an eye out for approaching traffic while crossing.
2. Always walk on the sidewalk, and remember to stay out of the street unless you are crossing.
3. Remember to always cross at designated and posted pedestrian crossings. If there are no designated cross walks, make sure they know to cross at street corners.
4. Obey all traffic lights and signs and pay close attention to the neighborhood crossing guard, if there is one. NEVER try to cross a street by running out between cars.
5. Stay visible by wearing bright colors and reflective gear whenever possible.

This information comes from an article I found recently, “Back to School in Kansas City:
Child Pedestrian Safety Tips for a Safe and Happy School Year” by Kansas City Personal Injury Lawyer, James Roswold at Roswold Law Group. I think it does a great job of making clear the points our children need to know about pedestrian safety. I hope you find it useful as well.

The California pedestrian injury lawyers at Allen, Flatt, Ballidis, and Leslie would like to wish you and your family a safe September.

Additional articles on pedestrian safety, rights, and accidents are available free of charge to the public. For more information, or to speak with a California pedestrian injury lawyer, feel free to call 866-981-5596.

To date, at least one pedestrian accident has occurred each week in Los Angeles or Orange County since the beginning of September: an intoxicated tow-truck driver struck a mother and her two young children in an Oxnard crosswalk on September 1st; on the 2nd, a driver hit an 83-year-old man at a Pasadena intersection, stopped to pull him out from under his Mercedes Benz, and fled the scene, leaving the man in critical condition. On the 8th, the driver of an SUV rear-ended a truck that was waiting for a mother pushing her baby in a stroller and two other children to traverse a Huntington Beach crosswalk, sending the truck crashing into the group, killing the baby and seriously injuring the mother and one of the children. On the 10th, a 62-year-old Huntington Beach man died from the injuries he sustained when he was struck by a car while crossing an intersection.

“All of these pedestrians accidents share one factor in common,” explains an Orange County pedestrian accident attorney. “They were suffered by either the young or the elderly, the two age groups at the greatest risk of being involved in a pedestrian accident.”

In the United States, traffic accidents are the leading cause of death for children between the ages of 3 and 14, according to the National Highway Traffic Safety Administration (NHTSA). Of all traffic fatalities suffered by children in this age group in 2008, approximately 20% were attributed to pedestrian accidents. In that same year, for children between the ages of 5 and 9 who died in traffic accidents, one in every five was a pedestrian.

Individuals aged 65 and older, explains an Orange County pedestrian accident attorney, are also highly susceptible to being involved in a pedestrian accident. People in this age group accounted for approximately 18% of all pedestrian fatalities in 2008, more than any other age group, according to the NHTSA. In California, this age group accounted for 489 of the 3,434 traffic-related fatalities that occurred that year, or 14.2%.

In many cases, pedestrian accidents occur in intersections, where drivers frequently fail to yield to the right-of-way to crossing pedestrians, whether the crosswalk is marked or not. When drivers are attempting to turn at intersections, they are often looking out for other cars, not pedestrians; therefore, it is important for pedestrians to look left, right, and left again before crossing. If a vehicle is approaching the intersection, make eye contact with the driver to ensure that he or she intends on stopping. Vehicles parked along the street may obstruct pedestrians preparing to cross from the view of oncoming traffic; in these situations, pedestrians should treat the edge line of the parked vehicle as the beginning of the crosswalk, stopping there to check for oncoming traffic.

Pedestrians walking during times of reduced visibility—at night or early in the morning—should wear retro-reflective clothing and, if possible, carry a flashlight.

In instances where there is no sidewalk, pedestrians should always walk facing traffic.

Driver negligence is not the sole cause of pedestrian accidents. Many pedestrian accidents result from poor walking conditions, often as a result of the improper maintenance of sidewalks, street lighting, and crosswalks. Of the 52,482 people aged 65 or older treated in emergency rooms for nonfatal injuries between 2001 and 2006, more than 9,000 sustained their injuries as a result of poor walking conditions, according to a study conducted by the Centers for Disease Control and Prevention (CDC). In such instances, the party responsible for maintaining public walkways—often the municipal government—may be held liable for injuries suffered in a pedestrian accident.

Pedestrian accidents are unexpected and can take a devastating toll on the life of the victim, as well as his or her family. The Orange County pedestrian accident attorneys at Allen, Flatt, Ballidis, and Leslie would like to wish the accident victims mentioned in this article a full recovery. They would also like to offer their condolences to the families of the individuals who lost their lives in pedestrian accidents.

Additional information on pedestrian accidents is available to the public free of charge, as are articles on car accidents, motorcycle accidents, and bicycle accidents.

To request an article or book, or to speak with an Orange County Pedestrian accident attorney, feel free to call 866-981-5596.

Maritime workers face some of the greatest challenges. They work in a volatile environment, where the weather can change at any moment and the ocean waters are unpredictable. The hazards don’t stop there, as crewmembers are sometimes negligent, the decks are slick, and the equipment doesn’t always operate correctly.

“There are laws that protect offshore workers, which allow them to obtain compensation for their injuries,” says Southern California injury lawyer Jim Ballidis. Unfortunately, many mistakes are often made along the way, impacting the amount of money recovered.

If you have been injured offshore, here are some mistakes that you need to avoid:

1. Allowing your employer to pressure you to see the company doctor. Despite what your employer might tell you, seeing the company doctor is not a requirement. You have the right to be treated by a physician of your choice.

2. Giving a recorded statement about the accident. You want to be able to trust your employer and the insurance company, but the truth of the matter is that you need to focus on protecting yourself. According to Houston maritime attorney Brian Beckcom of Vujasinovic & Beckcom P.L.L.C., “the most common question we get from clients who are injured offshore is whether they are required to give a recorded statement to the company or its insurance adjuster. The answer is no.”

3. Not filing a claim out of fear of being blackballed. Being “blacklisted” or “blackballed” is a frequent concern of injured maritime workers. They are afraid that they will be shunned in the industry if they pursue a legal claim. In reality, it rarely happens and when it does, usually the worker had a history of filing frivolous lawsuits.

4. Hiring the wrong maritime lawyer. “The number one mistake I see when representing and advising injured offshore workers, Jones Act seamen, and maritime workers is hiring the wrong lawyer,” says Mr. Beckcom. He often receives calls from workers who have already hired attorneys and complications have arisen. At that point, it is often too late.

For more information regarding maritime accident and injury cases, order a free copy of Mr. Beckcom’s book, Insider's Guide to Winning Your Maritime Injury Case.

Highway fatalities in California have decreased according to a recent study by the Reason Foundation. The nonprofit group has been tracking highway conditions throughout the country since 1984, utilizing the most recent statistics to compile a report each year, explains a California car accident attorney. For this year’s 19th Annual Highway Report, the group used statistics from 2008, rating California three places lower than the previous year: the state’s ranking dropped from 16th to 13th in the nation for the highway fatality rate per 100 million miles driven.

California’s ranking, however, did not change in other categories: urban interstate congestion (50th), highway performance and cost effectiveness (48th), and urban interstate conditions (49th). Not only do Californians endure the worst traffic in the country, they must also drive over the most potholes on urban Interstates—although, Hawaiians also share this latter problem. A quarter of all urban interstate pavement in California and Hawaii is in poor condition.

With hazardous road conditions and the nation’s most congested highways, how is the fatality rate so low in California? The correlation between road conditions, traffic, and fatality rates seems paradoxical, especially after examining the rankings of states with high fatality rates, such as West Virginia.

Despite receiving the 4th highest highway-fatality ranking (47th), West Virginia ranked much lower than California in the categories of road conditions and traffic: the state placed 28th in urban interstate conditions and 8th in urban interstate congestion. Many West Virginia Injury Lawyers found the high fatality-rate ranking quite disturbing.

“Californians are well aware of how bad the traffic and road conditions are here,” remarked a California car accident attorney, “but many were pleasantly surprised by the low fatality ranking.”

To request additional information on this subject or to speak with a California car accident attorney, feel free to call 866-981-5596.

In the early hours of Tuesday morning, the driver of a van stopped for a red light on Bristol Street in Santa Ana. When the signal changed and he accelerated, the door to the van slid open and his 4-year-old boy fell out. Paramedics rushed the boy to a nearby hospital for emergency surgery, but the child died from his injuries. The Orange County Register reported this fatal California injury.

Santa Ana Police are investigating the tragic van accident. Witnesses are urged to contact Cpl. John Crews at 714-245-8217.

In the United States, injuries resulting from motor vehicle accidents are the leading cause of death for children. Properly securing children in car seats reduces the risk of serious or fatal child injuries by more than 50 percent, according to the Centers for Disease Control and Prevention (CDC). The newspaper’s California injury report noted that witnesses claimed the boy was in his car seat before the accident occurred. If this was the case, explains an Orange County accident lawyer, there may have been a manufacturer defect with the child seat or it may not have been used correctly. The improper use of child seats is a prevalent problem, resulting in numerous accidents each year, according to the CDC. It is important to secure children in seats that are appropriate to their age and size.

The Orange County accident lawyers at Allen, Flatt, Ballidis, and Leslie would like to offer their condolences to the family of the boy. They will be in our thoughts and prayers during this difficult time.

As a public service, we offer informative articles and books on numerous subjects related to personal injury law.

If you would like to request an article or book, or if you need to speak with an Orange County accident lawyer, call 866-981-5596.

Last week an Orange County jury awarded $3.1 million to a woman who suffered a medication overdose at a skilled nursing home that left her brain damaged. Barbara Lefforge, only 57 years old was sent to St. Edna’s center for rehabilitation after a tendon repair surgery. She had only been there 5 ½ hours when the medication error occurred, explained an Orange County injury attorney.

According to court records, after her surgery her doctor recommended that she stay at St. Edna’s skilled nursing facility until she recuperated. She was mistakenly given 50mg of morphine instead of 50mg of Demerol. Since this was such an excessive dose, Lefforge’s attorney argued that medical personnel should have questioned that dosage order. Moreover the staff pharmacist even warned that the dosage was too high, but Lefforge’s doctor had doubled it, so she was given that quantity of medication.

Lefforge was left unmonitored until the next morning when she was found barely breathing due to the medication error. She had suffered from a major overdose of morphine. After being taken to the hospital, it was established that she had suffered a brain injury from the excessive morphine dose.

St. Edna Rehabilitation Center is one of 25 California rehab facilities owned by Covenant Care. Since 2004, they have accepted more than $880 million in additional compensation from the state for increased wages and staffing. According to the non-profit group, “California Watch”, it found that many Covenant Care facilities actually reduced their staff and let nursing ratios go below state standards during this time.

Tragically this is not an isolated case. Nearly one in five dosing orders of all nursing homes and hospitals has medication errors. These odds are unacceptable. In many cases, these patients are there for short stays while rehabilitating, not lifelong residents. It is for this reason that every citizen should have an up-to-date medical directive.

Only about 20% of Americans have a medical directive document; however, explained an Orange County injury attorney, it is one of the most important documents a person can have. The Advanced Health Care Directive is the best way to make known your health care wishes if you are incapacitated and can’t communicate your wishes.

Unfortunately, just telling your wishes to your husband or wife does not automatically ensure that they will be honored. Here in California, the law gives you two options for your directive: you can either appoint another person who can make the decisions for you or you can make your desires known through writing your own advanced directive. Either way, it’s important to meet with a professional lawyer to discuss your legal options.

If you have a loved one in any type of nursing facility, it would be wise to double-check that their medical directive matches the instructions that the staff has. If you have any questions or concerns regarding a nursing home in California, visit www.nursinghomeguide.org/ for a complete listing by city or county of local elder facilities and their violations, staffing policies, and complaints.

James Ballidis is an Orange County injury attorney specializing in injury claims arising from medical malpractice and medication errors, subjects on which he has written extensively. To request a copy of one of his articles or to discuss your rights and options after an accident, feel free to call 866-981-5596.

High prices at the pump, warns an Orange County injury lawyer, are not the only thing California residents should be concerned about at Southland gas stations: in the past few months, defective spray nozzles have caused several injuries throughout the state, including one serious enough to require hospitalization.

The state fire marshal is warning all California residents to the possible spray hazard of the VST made nozzle and has issued a directive to thousands of service station operators to remove the 30,000 “open hold” latches that are in question. These latches are convenient due to the fact that you can go wash your windows at the same time the latch allows the pump to run without you holding it. This will affect approximately one-third of all California service stations.

Just last month there were accidents here in Orange County as well, in both Huntington Beach and Santa Ana, according to an Orange County injury lawyer. In fact half of all the incidences have been in Southland. The accidents are under investigation and the latches are being removed as a safety precaution until the results of an inquiry into the defective spray nozzles.

The California state fire marshal cited that this is “a hazard to the public and welfare”. Besides the obvious safety issues of gasoline that is being spraying onto your face and eyes, there is a real fire danger as well. Most Service station owner, obviously concerned for the customer’s safety and possible liability issue, are removing the latches immediately.

Daniel Berlant from the Department of Forestry and Fire Protection is setting up mandates for Service station owners to be complied with by Oct 15, 2010 They have the option to:
• Possibly revert back to employee pumping only
• Removing the convenience of paying at the pump, going inside to pay
• Remove all latches from the VST nozzles

One additional warning is to never put another object like a bottle or can to hold the nozzle in your tank. This could unfortunately cause the same problem.

Currently the deadline to remove all of the latches is required by October 15th. If you still encounter a gas station that has not removed the latch, an Orange County injury lawyer advises that you utilize these safety precautions to avoid an injury.

Since most accident are occurring once you have picked up the nozzle and then push your selection for type of fuel, experts are suggesting that you put the nozzle into the tank hole before you select the grade of gasoline. This will prevent most of the spray accidents. However, if the latch is still attached to the nozzle, there is still some danger of getting sprayed when you remove it. To be on the safe side for now, try to use only nozzle pumps with no latches attached.

After Oct. 15th, gas stations that have not complied with this order will be shut down.

James Ballidis is an Orange County injury lawyer specializing in injury claims arising from accidents resulting from defective products and manufacturer negligence. He has written numerous articles on subjects relevant to personal injury law. To request a copy of one of his books or articles, or to discuss a specific case, feel free to call 866-981-5596.

A family of three was killed recently when a runaway truck smashed into their home in central California. The truck driver was driving along state highway 154 in Santa Barbara and while merging his truck onto State Street, his brakes suddenly failed. He then proceeded to hit several parked cars and go over an embankment and finally hit the occupied home that had a young family living there, explains a California injury lawyer.

As the California Highway Patrol crash investigation team tries to reconstruct this accident, they did comment that alcohol was not a factor but that brake failure is suspected. The driver admitted that that the brakes were not working correctly when he picked up his load in Santa Ynez. The driver attempted to use all brake resources available; both hand and foot brakes but nothing could stop this truck.

Although many truck accident fatalities are caused by driver fatigue, a recent Department of Transportation (DOT) report found that 29.4% of large truck crashes occur due to brake failure. Another common truck accident cause is tire blowout due to worn tires or trucks not loaded properly.

When brakes malfunction and the driver’s behavior causes serious personal injury or in this case, wrongful death, who do you blame? Should the driver have fixed the issue instead of proceeding with his schedule? Was there a mechanical problem? Had maintenance been overlooked due to budget cut-backs and busy schedules? Was the mandatory brake pre-brake inspection performed?

Hiring the right California injury lawyer for counsel is advisable when you are struggling with specific truck industry issues and laws.

The trucking industry is a powerful organization; generating revenues of $610 billion per year, a figure that is set to double by 2015. Commercial trucking is here to stay but that means more cars must share the nation’s roads with even more trucks. Currently, one in eight traffic fatalities involve a trucking collision.

California is second only to Texas—which has the highest rate—in the number of truck fatalities that occur in the state each year. Investigations reveal that the primary causes of most truck accidents are fatigue and lack of sleep. In fact another runaway truck crash occurred in Northern California earlier this month and killed an innocent man. The CHP is still investigating with The Department of Transportation, DOT. Currently, they are investigating around 20 similar cases.

Clearly this is a situation that is not going away and needs to be resolved before more innocent people are tragically killed. Our thoughts and prayers are with the surviving relatives of these truck fatalities.

James Ballidis is a California injury lawyer specializing in truck accidents. He has written numerous articles on trucking accidents. To request a copy of one of his articles or to discuss a specific case, feel free to call 866-981-5596.