Southern California Injury Law Blog

At about 5:30 p.m. on Tuesday, November 29th, a 23-year-old woman was seriously injured in a bicycle accident in San Diego. While traveling south on College Avenue, the driver of a Hyundai SUV attempted to pass the cyclist, who was riding in the slow lane, but instead collided with her. The impact threw the woman to the ground, causing her to sustain multiple facial fractures. The driver remained at the scene, explains a California personal injury lawyer.

San Diego County accounted for 9 of the 107 fatalities and 991 of the 12,043 injuries suffered by cyclists in traffic accidents throughout the state in 2009, according to the California Highway Patrol’s Statewide Integrated Traffic Records System. The California Office of Traffic Safety compares that accident statistics of counties with similar populations, giving those with the poorest records the highest rankings, with 1st place considered the worst. That year, San Diego ranked 18th out of 58 counties for bicycle safety.

All of us at Allen, Flatt, Ballidis, and Leslie would like to wish the woman who was seriously injured in the bicycle accident in San Diego yesterday a full recovery.

Resources for accident victims, including books and articles on the injury claims process, are available to the public free of charge.

To request one of these free resources, or to speak with a California personal injury lawyer, feel free to call 866-981-5596.

At about 5 p.m. on Saturday, November 12th, 35-year-old cyclist Romeo Jimenez-Zavaleta suffered major trauma during a collision with an Orange County Transportation Authority (OCTA) bus in Laguna Hills. The bus struck Jimenez-Zavaleta while turning right onto Alicia Parkway from Paseo de Valencia. He was transported to a local hospital, where his injuries proved fatal. Authorities are investigating the bicycle accident, explains an Orange County injury lawyer.

Laguna Hills accounted for none of the 12 fatalities and 8 of the 1,201 injuries suffered by cyclists in traffic accidents in Orange County in 2009, according to the California Highway Patrol’s Statewide Integrated Traffic Records System. That year, the number of bicyclists killed in crashes throughout the state decreased by 9.2 percent, from 109 fatalities in 2008 to 99 in 2009.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of Romeo Jimenez-Zavaleta, the cyclist who suffered fatal injuries in the collision with the OCTA bus last Saturday.

The Orange County Register originally reported this Laguna Hills accident.

Resources for accident victims and their families, including books and articles on the process of pursuing an injury or a wrongful death claim, are available to the public free of charge.

If you would like to request one of these free resources, or to speak with an Orange County injury lawyer, feel free to call 866-981-5596.

At about 7 p.m. on Wednesday, September 28th, a motorist opened his car door in the path of a cyclist, the impact ejecting the man from his bicycle. He suffered major head trauma and was transported to a nearby hospital. The 25-year-old man was riding west on University Avenue in San Diego when the accident occurred. Authorities are investigating the incident, explains a California personal injury attorney.

San Diego County accounted for 9 of the 107 fatalities and 991 of the 12,043 injuries suffered by cyclists in traffic accidents throughout California in 2009, according to the California Highway Patrol’s Statewide Integrated Traffic Records System. That year, the number of cyclists killed in crashes decreased by 9.2 percent, the lowest on record since 1984.

All of us at Allen, Flatt, Ballidis, and Leslie would like to wish a full recovery to the cyclist who suffered major head trauma after being struck by the car door on September 28th.

The San Diego Union-Tribune originally reported this bicycle accident.

Resources for accident victims, such as articles and books on the injury claims process, are available to the public free of charge.

To request one of these free resources, or to speak with a California personal injury attorney, feel free to call 866-981-5596.

At around 7:30 p.m. on Saturday, March 5, a hit-and-run accident claimed the life of 40-year-old Jose Luis Carmona. A red 2008 Mitsubishi struck Carmona while he was walking his bike along Pacific Coast Highway near Faria Beach. He was pronounced dead at the scene. Police found the vehicle parked in the driveway of 43-year-old Shannon Richard. She reportedly told investigators that she thought she had struck an animal. They believed alcohol may have been a factor in the accident and arrested her for felony driving under the influence of alcohol, hit and run, and vehicular manslaughter, explains a California personal injury attorney.

The National Highway Traffic Safety Administration, NHTSA, classifies bicyclists and other cyclists, such as the riders of two-wheel nonmotorized vehicles, tricycles, and unicycles powered solely by pedals, as pedalcyclists. In 2009, traffic accidents claimed the lives of 630 pedalcyclists and injured another 51,000. Alcohol was a factor in 40 percent of the traffic crashes that resulted in pedalcyclist fatalities.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of Jose Luis Carmona, the bicyclist killed in the hit-and-run accident in Ventura last Saturday.

Resources for accident victims and their families, including books and articles on the injury and wrongful death claims process, are available to the public free of charge.

If you would like to request one of these free resources, or to speak with a California personal injury attorney, feel free to call 866-981-5596.

On Sunday morning, a car accident involving a bicyclist left two people critically injured. At about 8:16 a.m. two vehicles collided near Pacific Coast Highway and Seapoint Avenue in Huntington Beach. Both vehicles rolled down an embankment and onto a trail, striking a bicyclist. Authorities are investigating the accident, explains an Orange County injury attorney.

Huntington Beach accounted for none of the 10 fatal and 157 of the 1,087 injury motor vehicle collisions involving bicyclists in 2008, the most recent year for which the California Highway Patrol has posted accident statistics. Statewide, there were a total of 131 fatal and 11,683 injury collisions involving bicyclists. According to the National Highway Traffic Safety Administration, most bicyclist-vehicle collisions can be attributed to just five causes.

All of us would like to wish the two people critically injured on Sunday morning a full recovery.

The Orange County Register originally reported this car accident.

Additional resources, including articles and books on protecting an injury claim, are available to the public free of charge.

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

At approximately 5 p.m. on Wednesday, November 17th, a car struck and critically injured a 10-year-old bicyclist. The collision occurred near the intersection of Avenue 42 and Washington Street. Police described the boy as having “major injuries,” including fractures to both of his legs. He was taken to a nearby hospital for treatment. The accident is under investigation, explains a California personal injury lawyer.

9 of the 220 fatal and 362 of the 8,561 injury traffic collisions that occurred in Riverside County involved a bicycle, according to the California Highway Patrol’s 2008 Annual Report of Fatal and Injury Motor Vehicle Traffic Collisions. Palm Desert accounted for none of the fatal and 17 of the injury bicycle accidents.

Bicycle riders have the same rights and obligations as drivers, according to California
Vehicle Code Section 21200: the right to ride safely within a lane or to the right of the road, the right-of-way when waiting at a stop sign, and the right to pass through an intersection on a green light—and, when doing so, to have drivers turning left yield for them.

Vehicle Code 21202 requires cyclists riding at speeds slower than traffic to travel to the right of the road; cyclists turning onto another roadway or avoiding hazards are exempt from this rule. If a driver strikes a cyclist who is abiding by these rules and an accident ensues, the driver may be liable for the expenses related to the cyclist’s injuries.

Everyone at Allen, Flatt, Ballidis, and Leslie would like to wish the bicyclist injured in the collision with the car in Palm Desert last Wednesday a full recovery.

Articles on the causes of bicycle-verses-motor vehicle accidents and bicycle safety tips are available to the public free of charge.

If you would like to request an article, or to speak with a California personal injury lawyer, feel free to call 866-981-5596.

Shortly after 3:30 p.m. on Thursday, November 4th, a bicyclist was stuck and killed by a semi in Portola Valley. The accident occurred on Alpine Road near the Interstate 280 north on-ramp. Authorities have asked that witnesses or anyone with information call (650) 369-6261, explains a California bicycle accident lawyer.

In 2008, there were 4 fatal and 228 injury traffic collisions involving bicyclists in San Mateo County, none of which occurred in Portola Valley, according the California Highway Patrol’s Annual Report of Fatal and Injury Motor Vehicle Traffic Collisions. Across the state, there were a total of 131 fatal and 11,683 injury bicycle-related accidents that year.

Bicycle accidents are commonly attributed to six types of driver negligence: dangerous turning or passing, disregarding bike paths, failing to check for cyclists when opening car doors or pulling away from parking spots, overestimating a bicyclist’s brakes, and underestimating the speed at which a bicyclist is traveling.

Everyone at Allen, Flatt, Ballidis, and Leslie would like to offer their condolences to the family of the bicyclist who was struck and killed by the semi in Portola Valley yesterday.

Bicycle safety tips and links to bicyclist advocacy groups are available to the public free of charge.

For additional information, or to speak with a California bicycle 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.

At about 7:30 a.m. this morning, four bicyclists were riding westbound on Mulholland Drive when the 81-year-old driver of an Audi A-4 made a left-hand turn from the eastbound lane and struck them. Three of the cycling accident victims sustained serious injuries and were airlifted to UCLA Medical Center; the fourth cycling accident victim suffered minor injuries. The accident is currently under investigation, reported the Los Angeles Times.

Cycling accidents often occur when a driver is attempting to make a turn and either does not see the bicyclist or underestimates the time in which it will take for the bicyclist to reach the intersection, explained a California injury lawyer. Multiple Newport Beach cycling accidents have occurred since July 2009, the majority of which have been attributed to dangerous turning.

We hope that the injured bicyclists mentioned in this story will make a full recovery. Our thoughts and prayers go out to them and their families during this difficult time.

After an accident, if you have questions about your rights and options and would like to speak with a California injury lawyer, feel free to call 866-981-5596.

A bicycle, painted white and covered in flowers, marked the site in Newport Beach where 43-year-old Michael William Nine was fatally hit. On the fateful July 15th morning, Nine, an avid cyclist, was riding north on Spyglass Hill Road toward Harbor Ridge Drive; at the same time, Jose Luis Huerta Mundo was illegally turning left. Mundo’s white, Chevrolet stake-bed truck collided with Nine, knocking him off of his bicycle. Nine was taken to Hoag Hospital, where he died from his injuries—the third bicyclist fatality to occur in this area in the last two years, explains an Orange County bicycle accident lawyer.

Newport Beach police visited the ghost bike memorial on July 22 to conduct an accident briefing. They may have found the similarity between Nine’s fatal accident and one that occurred nearby last year eerie. On July 23, 2009, 43-year-old Darryl Benefiel was riding on Ridge Park Road when a car turning onto Tesoro fatally struck him. Then in December, a 49-year-old cyclist from Irvine died after a hit-and-run at Jamboree and Ford. The Newport Beach Task Force on Cycling Safety was created in response to the accidents. Last May, the group submitted a report to the Newport Beach City Council that made suggestions for how to make streets safer for bicyclists in the area.

At least two of the aforementioned cyclist fatalities resulted from one of the most common acts of driver negligence: dangerous turning. A driver usually makes a turn that could potentially harm a bicyclist for one of two reasons: impatience or recklessness. Hurried drivers often find waiting for a bicyclist or a pedestrian to cross the street too time consuming: if turning right, the driver may go before the cyclist has a chance to enter the crosswalk, in effect, cutting the cyclist off; if turning left, the driver may underestimate how soon the cyclist will enter the lane. In either case, the cyclist may be forced to brake quickly, causing him or her to fall off the bike, or the bicyclist may collide with the car. Reckless drivers neglect to look for pedestrians or bicyclists when turning or fail to heed signs prohibiting a turn, or both—which was the case with the truck driver who struck Nine. When entering an intersection, pedestrians and bicyclists should make eye contact with surrounding drivers to make sure that they plan on stopping.

Cyclists should also be vigilant when riding in the bike lane. Drivers often fail to observe the boundaries of bike lanes, often entering them when preparing for a right-hand turn. In many cases a driver must enter the bike lane in order to exit a parking space and fails to check for bicyclists approaching from behind. The Mayor of Los Angeles, Antonio Villaraigosa, was recently knocked off of his bicycle in exactly this way.

As Southern California streets increasingly become more dangerous for bicyclists and pedestrians, it is important to ride or walk with caution. Be vigilant and make eye contact with drivers before entering intersections. Ride and walk defensively.

Our thoughts and prayers go out to the families of the cycling accident victims mentioned in this article. We hope that Newport Beach does not see another bicycle tragedy this year—or in the years to come.

After helping the victims of bicycle accidents for over 35 years, we at Allen, Flatt, Ballidis & Leslie have seen the devastating impact losing a loved one to an accident can have on a family. We would like to wish your family a safe summer. Should you ever need our help or free legal advice from an Orange County bicycle accident lawyer, feel free to call us at 866-981-5596.

If you have been injured in a bicycle accident in California, consulting a Los Angeles bicycle accident lawyer before making any statements to the other person’s insurance agent or adjuster could be decisive to your case. The call is free and you may save yourself a lot of trouble. Let me tell you why.

An accident attorney knows your rights after an accident, as well as the other party’s obligations. They are familiar with insurance company tactics, evidence and also what is and is not important. Just getting informed will help you, even if you do not need an attorney. As an example, a bicycle accident occurred in Manhattan Beach. The cyclist struck a car door as the motorist, not looking before exiting, opened her car door into the oncoming cyclist. The insurance company wanted to argue that the cyclist was responsible becasue he was riding fast and also allegedly came from behind the car to pass, so that the driver could not see him. The cyclist was not seriously hurt, but an e/r bill was enough for him to call. He did not need our services, but the call saved his claim. He had witness, and at our suggestion spoke to them before calling the adjuster back. Knowing what they would say, he shot down every sill argument the adjuster raised, and the insurance company settled his claim.

Of course if you need our help, you can ask us to consider representing you. Why would we offer this free call, simple, becasue you know people that bicycle, and you will refer them to us if they need representation.

Additionally, if retained, the attorney will select the proper evidence to construct a strong case, which will insure proper compensation for your medical expenses and property damage or loss.

The injuries incurred from a bicycle accident can seriously impact your life: pain and suffering, job loss or lost time at work, and prohibitively expensive medical bills. Your ability to build a persuasive case may be compromised, which could result in lost compensation. An accident attorney will conduct a thorough investigation, establish a strong case, and advocate on your behalf, securing compensation commensurate with your losses.

Working with the insurance company may seem like a quicker and more direct route to a settlement. In many more significant cases, however, this is a tedious and unfruitful process: first you will have to establish that you were not at fault; then you will have to justify each and every medical bill you would like compensation for—often you will pay out-of-pocket until they approve the expense, they will take weeks to return your phone calls, and, then, they may argue they are not liable.

The settlement they offer you may not fully cover the medical care you need. Injuries, if not attended to properly, can have a long-term impact on your life. An accident attorney will insure that you receive the compensation you need to receive adequate medical care and move on with your life.

In some cases, you may need ongoing medical attention. An accident attorney will refer you to the right specialist. The attorney will communicate with your doctor and collect the information necessary for you to be compensated for your continued care.

After a bicycle accident, if you are more significantly injured, utilize the experience and expertise of an accident attorney to build a strong case for you. Focus on recovering from your injuries—your attorney will do the rest. Call us if you need help at 1 866 981-5596.

James Ballidis is an author of several books on accidents and injuries. His firm handles major cycling and bicycle accident cases in southern California. You can find his books at the firm web site of the Los Angeles bicycle accident attorney. You may also request free copies of his books on how to handle your own case if you are an accident victim in California. Simply call 1 866 9981-5596 or request your copy on the internet.

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.

According to new federal safety data, traffic fatalities in Orange County have decreased 15% in 2008 from the previous year but O.C. motorcycle accident deaths have increased 44%. There are several reasons for the increase; less skilled riders, a bad economy and more powerful riding equipment.

It started with the high cost of fuel and now with lower incomes, more than ever people are turning the cars in for motorcycles. However, driving a motorcycle is not like driving a car. Newer motorbikes are heavier, faster and more difficult to control. In California over one-third of all motorcycle accident victims did not have the proper Department of Motor Vehicle endorsement on their licenses.

It is not unusual for me to see an accident outside one of the motorcycle performance shops in Orange County. You know the guy, just bought the bike, can't wait to ride, has little training on this bike, pulls from the parking lot and gives too much throttle, inevitably dumping the bike.

The California Office of Traffic and Safety is encouraging every motorcycle driver to get trained through the California Motorcyclist Safety Program. Graduates of these programs qualify for DMV endorsements and won’t have to take the skills exam. I recommend that you go out with a seasoned rider, and learn the performance and tendencies of your new machine.

With the exception of bad motorcycle accident data, Orange County ‘s vehicle fatalities are decreasing and DUI deaths are down thanks to more awareness and social responsibility. California vehicle fatalities were down 14% last year, the lowest level since 1975.
If you have been involved in a motorcycle or vehicle accident, don’t hesitate to contact a motorcycle accident lawyer as soon as you are able. You can call us at 1 866 752-7474 for immediate help.

James Ballidis is an attorney with the firm of Allen, Flatt, Ballidis & Leslie.

The tragic, untimely death of actress Natasha Richardson highlights the many facets of traumatic head injuries. Minor bumps to the head, as in this case initially cause no pain and the person feels fine. However, in this case, a seemingly slight injury turned serious rather quickly, and at that point, nothing could be done for her.

After Ms. Richardson fell while taking a lesson at Mont Tremblant ski resort, paramedics were called in by the ski patrol. They were turned away and never saw the patient due to the fact that Natasha was feeling fine, walking around and was in no pain. After an hour or so of resting in her hotel room, she started to get dizzy and have a headache and that’s when the hotel summoned an ambulance and she was transported to the nearby hospital.

Experts believe that Ms. Richardson suffered from “Talk and Die” syndrome. This is when a minor head injury initially seems o.k. and the patient is feeling fine, but during this time, bleeding is occurring between the skull and the brain. Rapidly, the pressure becomes too great and brain death occurs. This series of events can occur between one hour to several hours after a car or truck accident and other traumas to the head.

While this case does not warrant any investigation because the injury was caused during a sporting effort without apparent negligence, it is very important to have a California personal injury attorney who specializes in wrongful death on your side after any auto accident. They will make sure you get proper medical treatment and the settlement you deserve.

Please feel free to call us for a free consultation at 1 888 752-7474. If we cannot help you, many times we can refer you to another attorney who can. Call if you need help.

As a person that enjoys riding on the street, I find it appalling that motorists simply do not abide by the bicycle lane rules of the road. let's note a few examples that try any cyclist's patience

You, car driver, you can have almost the whole street. Please do not drive in the bike lane, because you want to pass on the right. Stay in your lane. You do not need to jeopardize our safety because you are in a hurry.

Hey car driver, can you please stay out of the bike until you near the intersection where you want to turn right. We know you think it's okay to pull into the bike lane 300 to 500 feet back from the intersection because you are impatient with traffic, but we either have to slow down for you, or you are driving up behind us and causing great frustration and danger.

When you want to park, do you know that there is no parking in a bike lane. Please don't do it because you cant find a parking spot. You force us to negotiate around your car and into traffic, which can be very dangerous on southern California streets and highways, like PCH.

Lastly, look before you open your door. It is hard to enjoy our ride, when we have to look at every parked car to see if a driver is sitting in the car and ready to open their door into our path. As an Orange County bicycle accident attorney, we have seen our share of injury occurring in this manner.

If you have been the victim in a bicycle accident, we can and will advocate your rights. Please call us for a free consultation at 1 888 752-7474. We will make sure, as a California bicycle accident attorney, that your rights are protected and that careless driver is held accountable for simply not following the simple rules of a bike lane.