Southern California Injury Law Blog

Recently there has been an increase of road rage and aggressive driving incidents on the highways in Orange County and throughout Southern California. Increased congestion, running late, and anger over distracted drivers are all "contributing factors to the most aggressive driving that we’ve seen on the increase," according to James Ballidis, an Orange County accident lawyer. However, there is a fine line that transitions aggressive driving into road rage and as a result; this becomes a major risk factor for personal injury accidents.

Last month a driver was merging onto the 5 freeway in Santa Ana when the car in back of him became impatient. The driver that was following him rolled down his window and started firing a gun at him. "Luckily no one was injured in this injury incident" said Ballidis "but it is a grim reminder to be aware of your surroundings and be vigilant", especially where rage is greater, on dangerous Orange County freeways.

The other road rage accident that happened in early June did not have such a fortunate outcome. California Highway Patrol officers arrested Victoria Cook with reckless driving and three felony counts of vehicular manslaughter for killing three innocent passengers on Highway 74 near Hemet, California.

Cook was reported to have been driving aggressively; making unsafe turns and maneuvering aggressively for her position on the road. This 24 year old now faces serious charges for her rage that killed three people in another vehicle.

In a recent road rage survey, Los Angeles metropolitan area ranked 7th in the U.S. for the most incidents of driver road rage. Statistics are vague as to the exact number of incidences, but as road rage risk factors such as cell phone use, eating and drinking and speeding increase, we will probably see more of these situations in our area.

If you are a regular driver on Orange County freeways, here are a few tips to avoid being a victim of road rage:

• Don’t allow yourself to get drawn into a fight; slow down and get out of the way of an aggressive driver. Usually they will move on.

• Stay focused on your driving. Avoid talking/texting on your cell phone, eating in your car, tailgating and excessively changing lanes. All of these behaviors can contribute to road rage situations.

• If you do cut someone off or make an abrupt maneuver, avoid eye contact with the other driver. If the other driver tries to start something, get out of his way. If you feel that the situation might escalate into something more dangerous, call 9-1-1 immediately for help.

• If you can safely report an aggressive driver to authorities, try to get the license number, direction of travel, and vehicle description.
In California the Aggressive Driving Laws are quite clear. Using your car in an aggressive way that commits a crime is considered a criminal assault and you can be penalized with a fine of up to $10,000 and up to 4 years in jail.

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Lake Forest authorities received a report of an unconscious boy in the parking lot of La Tierra Elementary School on June 13, 2010. Paramedics arrived on the scene to find 14-year-old Nestor Barrientos-Macias still breathing. They transported him to Mission Hospital in Mission Viejo, where he was pronounced brain dead. He died the following Tuesday.

While it was initially thought that the boy had sustained serious head injuries from a skateboard accident, authorities later discovered that the boy had been attempting a dangerous stunt known as “trunk riding.” A California injury lawyer remarked on this dangerous sport in a recent news article.

After receiving a tip from a 5-year-old witness, authorities concluded that Barrientos-Macias was one of three boys to ride in the open trunk of another 17-year-old boy’s car. As the car left the parking lot, Barrientos-Macias fell out of the trunk, hitting his head.

The cause of Barrientos-Macias’ fatal head injuries was initially ambiguous because the 17-year-old Mission Viejo boy fled the scene of the accident. Authorities were unable to piece together what happened until the young witness came forward.

The 17-year-old has been booked on suspicion of felony hit-an-run and vehicular manslaughter. Car accidents that cause injury and death are unfortunately all too common. If you need help from a Orange County auto accident lawyer, please call us at 1 888 752-7474.

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In the early hours of May 3, 2010, Lisa Michelle Hylla’s body was hurled into the southbound lanes of the 405 Freeway in Mission Hills, the result of a three-car collision in the northbound lanes. She died at the scene. While it is known that two Los Angeles County sheriff’s deputies in a patrol unit and an elderly couple in a 1984 Toyota pickup truck were the other parties involved, the media that reported the story offered conflicting accounts of the accident—specifically, whether or not the sheriff’s deputies were on duty when the accident occurred. This is not a new phenomenon for a California injury lawyer.

KTLA.com reported that the deputies were off duty when the accident occurred. According to an article posted at 2:34 PM on the day of the accident, “Lisa Michelle Hylla, 25, got out of her disabled pickup on the northbound side and was struck by one of the vehicles involved in the collision.” The impact flung her into the southbound lanes of the freeway. She was pronounced dead at the scene, and the cause of the crash was under investigation.

The Los Angeles Daily News, or DailyNews.com, wrote that the deputies were on duty. In a 6:46 AM news posting, the Daily News reported that Hylla, 25, “was involved in an injury-collision with a 1984 Toyota pickup truck.” A sheriff’s patrol car then struck the disabled pickup truck, consequently throwing Hylla into the southbound lanes of the freeway. According to CHP Officer Leland Tang of the West Valley Area Office, “[it] was unclear if Hylla got out of her car at some point, or if she was ejected from the vehicle.”

While it is ambiguous as to whether the impact that threw Hylla into the southbound lanes was caused from the sheriff’s patrol car in the previous two articles, the Los Angeles Times’ blog, L.A. Now, wrote that the “Sheriff’s Department vehicle struck a stopped pickup truck, killing the woman inside.” In this rendition of the story, the sheriff’s deputies’ vehicle is attributed with the impact that caused Hylla’s death. The article does not mention if the deputies were on or off duty.

Witness bias may explain conflicting accounts of an accident. A witness with a bias in favor of law enforcement may tell reporters that the deputies were off duty when the accident occurred which may elicit less negative criticism from the public. This witness also attempted to shift some of the blame for the fatality on the victim. In this account, Hylla is struck as a result of her exiting her vehicle.

The witness accounts used in the Daily News and L.A. Now articles suggest an law enforcement on duty involvement. In the Daily News article, the deputies were on duty and somewhat directly blamed for the impact that sent Hylla flying into the southbound lanes. While the L.A. Now article does not mention whether the deputies were on or off duty, it directly attributes the impact that ultimately resulted in Hylla’s death to them.

Witness bias is one of the most common and detrimental problems a lawyer can encounter in an accident case. While in California evidence rules dictate how an injury lawyer can expose bias in the courtroom, an experienced injury lawyer will uncover witness bias before going to trial.

The process of exposing witness bias starts with the interview. Without a recording device, which would likely cause the witness to feel uncomfortable, the injury lawyer will have a conversation with the witness, asking open-ended questions. The lawyer will learn about not only the facts of the case but also the opinions and thought process of the witness. This will allow the lawyer to compare the witness’s account of the accident with any bias the witness may have. For example, the witness may admit to only seeing a small part of the accident while, at the same time, placing the blame on the victim. Probing the witness about his or her past experiences with law enforcement may reveal a bias: the witness’s father was a sheriff’s deputy, or the witness was saved once by a police officer. Once the bias is uncovered, the lawyer will subtly guide the witness to see how this bias is affecting his or her account of the accident. Ideally, the witness will want to give a fair account; however, if the witness is determined to have the case result in a positive outcome for one of the parties involved, the lawyer will have to expose bias during the trial.

While the accident that tragically resulted in Hylla’s death is still under investigation, it is likely that witness bias will be uncovered before or during the trial.
James Ballidis is an experienced California Injury Lawyer and the author of several books on accident liability and claims management. If you would like to request a copy of one of his books or are concerned witness bias may be affecting your accident case, feel free to call 1-866-981-5596.

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As a Los Angeles Auto Accident Lawyer, I often receive inquires about contingency fees. While many accident victims understand that the lawyer’s payment is contingent on winning the case, most do not fully grasp the extent to which a contingency fee can insure full compensation for medical expenses and property damage or loss.

Imagine you are involved in an accident. Your injuries prevent you from working, and your savings are insufficient to cover your exorbitant medical bills, let alone pay an accident attorney $300-$500 dollars an hour to represent you. Insurance companies have extensive resources and hire adjusters to protect the company, but who fights for you. The contingency-fee process allows you to be protected, deferring legal expenses until you are awarded a settlement.

Additionally, a contingency fee typically gives an attorney an added incentive to work efficiently and to maximize his or her efforts. While attorneys who work on an hourly basis often win their clients’ cases, a personal injury lawyer working under a contingency fee is motivated to maximize a damages claim because he or she will receive a portion.

Many critics of attorneys claim contingency fees cause frivolous lawsuits. Not true. Personal injury lawsuits require much effort and expense. Personal injury lawyers must enlist experts to help build their case, which can cost them $30,000 to $100,000. Lawyers are not reimbursed for these expenses if they lose the case. It is not unusual for the attorney and staff to put more than 200 hours into a case. Too many lost cases can cause a lawyer to go out of business.

Moreover, jurors—citizens like you—decide settlements and verdicts. Citizens chose to agree or disagree with a lawyer’s argument. The public plays a large role in the outcome of many cases.

Jurors rarely award out-of-control damages. The press cannot sell stories without outrageous headlines. If you go to the law library and look at the number of cases resolved each year in California by jury trial that have made headlines, you will find that the numbers do not reach 1 in 10.

Without contingency fees, you—the victim of someone else’s negligence—would be left to fend for yourself. While some people can handle a small case by themselves, the medium and larger cases should be left to the professionals. If you are interested in the process behind a case settlement, order our free book, 7 Strategies to Settle Your Case. You will soon see the amount of work necessary to win a personal injury case.

James Ballidis is the author of several books on personal injury and an Orange County auto accident lawyer in Newport Beach California. You can call his office to request a free copy of his book at 1 (866) 981-5596 or click here, as long as you are a California resident and suffer from an accident injury. You can also visit his website to read more about personal injury cases: http://www.thecaliforniainjurylawyer.com

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For years, Hollywood has exploited society’s fascination with thrilling and dangerous circumstances, particularly with the car-chase scene. Nothing could be further from the truth according to this auto accident attorney in Orange County. From the iconic police chases in movies like Bullitt and The French Connection to reality T.V. shows, risky, high-speed chases have been delivered to audiences as entertainment. The separation from staged spectacle to real-life tragedy, however, is sweeping.

On the streets, would-be audiences become innocent bystanders—often the victims of police chases. Police in pursuit inadvertently take the lives of about 400 people annually, and the numbers continue to rise, according to the National Highway Traffic Safety Administration, NHSTA. Thousands have been injured. More than 200 officers have died.

Southern California—with its extensive network of freeways—accounts for the region with the highest rate of pursuit in the country. As an auto accident attorney in Orange County, we can attest to the violence and injury that frequently occurs to clients of ours. Approximately 50% of high-speed pursuits result in collision and, consequently, injury. The police are often the pursuers, colliding with surrounding vehicles as they chase their target, the criminal. Police departments are granted immunity from liability if regulations for pursuit have been mandated, regardless of whether those regulations have been followed.

This immunity has implications varying from serious to fatal. In Garden Grove, an attempt by police to pull over a BMW for a minor traffic violation resulted in a six-car pile-up after the driver—who, it turns out, had stolen the car—fled. Fortunately, there were no fatalities. In Chico, the outcome was bleaker. While fleeing from police in a stolen vehicle, a teenager crashed into the side of the Priano family’s mini-van, killing their daughter Kristie. The lawless teenager was not even arrested after the accident. Outraged, the residents of Chico wrote “Kristie’s Law.” The proposed law would limit the immunity from liability of law enforcement when high-speed pursuits result in bystander injuries or deaths. Unfortunately, the law failed to pass in the California Legislature, leaving the citizens of Chico and neighboring cities to ponder the alternatives for preventing pursuit-related accidents.

With the proper implementation, tactical methods and technologies exist that may reduce pursuit-related deaths and injuries. In recent years, the PIT maneuver, in which officers box-in suspects with their squad cars, has been successful. This method requires skill and coordination, resulting in inconsistent application and, therefore, pursuit outcomes. Spike strips are another tool. Police must first outmaneuver the suspect in order to lay them out, which is not always possible. A laser-guided launcher carrying a tracking device, called StarChase, is currently in its final testing phases at the Los Angeles Police Department. Once launched from the front grill of the squad car onto the fleeing vehicle, the police will be able to track the suspect using GPS, negating the necessity of a dangerous, fast-paced pursuit.

The number of innocent bystanders injured or killed as a result of pursuit-related accidents rises annually. Police are responsible for maintaining order and protecting the public; at times, in endeavoring to accomplish these societal necessities, police jeopardize both. Adhering to departmental rules for pursuit and properly applying tactical methods are ways to mitigate the problem. We have yet to see how technologies like StarChase will change the future.

James Ballidis is an author and attorney practicing in Orange County, California. If you need help, please call us with any question you may have. We have free resources, access to an accident recovery hotline and a knowledgeable staff of attorneys to provide you with the information and assistance you need. Call us at 1 866 981-5596.

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If you have been in an automobile accident, the actions you take immediately after the incident are crucial for receiving full compensation for medical care and property damage or loss. Consulting with an Orange County injury lawyer may clarify the legal process ahead, as well as insure the protection of your rights and the other party’s obligations.

Proper documentation of the accident scene will be critical to your case. Take photographs of the damaged vehicles and cross streets indicating the location of where the accident occurred. If you do not have a camera, utilize the one on your cell phone—or ask witnesses to take photographs. Accidents occur quickly, often rendering the people involved shaken and confused afterward. Do not rely on memory alone to support your case; it will be your words against the other driver’s in court. Concrete evidence like photographs will prove decisive in your case.

Keeping a checklist of the information you will need for your accident investigation and a camera in your car will insure that you are prepared to properly document the scene should you ever be involved in an accident. Your attorney will utilize this documentation as evidence, which will ultimately facilitate your case.

Automobile accidents can have serious ramifications in our lives: exorbitant medical bills due to accident-related injuries, job loss due to those injuries, and damaged or lost property. Negotiating with insurance agents can be equally formidable. An injury-accident attorney knows your rights after an accident and will insure they are protected and you are properly compensated.

If you have been involved in an accident in California, document the scene and contact an Orange County injury lawyer, or call us at 1 866 981-5596.

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A neighborhood in Southern California is mourning the death of a 2 year old boy this week after he was fatally run over by a truck. The truck was backing up out of his family’s driveway when the young boy was hit. Furthermore, in 70% of these types of cases, usually it is a family member who kills or injures the child. Approximately 200 small children die from backovers each year and between 6700 to 7400 children are injured.

Backover is a term that is used to explain accidents that occur when a vehicle that is backing up, accidently hits a toddlers or young child. During the last 4 years, the U.S. has seen a fourfold increase of “backovers”. Unfortunately May and June have the highest volume of these accidents.

Legislation is still pending in congress to move forward with specific safety standard for vehicles on this issue. Safety advocates disagree on the type of safety mechanism; rear view cameras with video screens, radar, beeping sensors or larger rear-view mirrors. Although the technology is not perfect, choosing some or all of these features will improve backovers safety especially with larger cars.

The current car selection of backovers warning devices is still optional on most high-end cars. However, you could still opt to install your own camera or device yourself as well. For a complete list of these technologies, visit This child advocate site and click the link for technology.

Since many of today’s vehicles have blind spots and so many don’t have rear end safety devices, it is crucial that you educate your children and be extra observant during late spring and throughout summer when children are outside playing. Here are some safety tips to keep in mind:

• If your car is parked in the driveway, take a walk around your vehicle once before getting in the driver’s seat. Check for toys, kids and pets before starting your engine.
• Even if you don’t have children, always check while you’re backing up for children running or playing in your driveway. Half of all backovers do not occur in the child’s own home.
• When walking on a street or sidewalk, firmly take the hand of a toddler or young child. No safety legislation can beat the eyes of an attentive parent.
• Before moving your car, make sure all children are in full view
• Educate your children if they tend to play around cars in a driveway. Just because a car is not moving, doesn’t mean it won’t in the future.
• Trim landscaping around your driveway to keep better visibility

For additional information on this topic, visit the National Highway Traffic Safety Administration’s website to read their Report to Congress on this issue. The report is entitled, “Vehicle Backover Avoidance Technology Study."

James Ballidis is the author of several books on accidents and injury, and a California injury lawyer. If you need help, do not hesitate to contact his office at 1 866 981-5596 or view the California injury lawyer website for articles and information on child and other injury topics.

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According to the National Highway Traffic Safety Administration’s latest seat belt survey, usage is at an all time high with 84% of all Americans using them. Specifically here in California we have 95.3% compliance rate, due in part to tough enforcement by local authorities and the California Highway Patrol. However, that still leaves more than a million California drivers susceptible to serious personal injury if they are in a motor vehicle accident.

The popular California campaign, “Click It or Ticket” which began in 2005 has increased seatbelt usage from 92.5 to 95.3% in four years. That’s more than one million safer drivers on the road. Violations range from an adult ticket costing around $142 up to $445 for not properly restraining a child under 16.

Since the last campaign did so well, the CHP is now targeting younger drivers with the program, “No Belt No Brains”. The leading cause of death for young adult drivers is traffic collisions. This campaign will target teens in two ways; through PSA ads before major motion pictures and in print throughout California high schools. Either way, teens should get the message.

Thirteen of California’s 58 counties were identified to have the highest rates of teen drivers that had been killed or injured in a traffic accident without seatbelts being used. All of Southern California’s counties, including Orange were included. As an Orange County auto accident lawyer, we see the devastation of failing to belt up and especially in teens where we have seen horrendous injury and death in the last 10 years.

Tragically, last month a young California woman was seriously injured when the SUV she was riding in was exiting a freeway off ramp and rolled over. The woman who was riding in the passenger seat was ejected from the car, and then ran over by another automobile.
About half of all traffic fatalities involving unbelted passenger could be saved if they had only worn a seat belt. It takes only two minutes to buckle up and it could save your life!
Additionally, by wearing appropriate restraints, it can dramatically increase your survival rate if you are involved in a serious motor vehicle accident by 50%. Not to mention it models good behavior for your children to restrain themselves as well.

“No Belt No Brains” is possible only by a generous grant from the Office of Traffic Safety. “Click It or Ticket” is a cooperative effort among the five traffic safety-related departments under the state’s Business, Transportation and Housing Agency: the California Highway Patrol, Office of Traffic Safety, Department of Transportation, Department of Alcoholic Beverage Control, and the Department of Motor Vehicles.

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If you are involved in a personal injury accident that is the result of someone else’s negligence, you will need to act quickly and California injury attorneys can make all of the difference in the world. You may not know where to turn and a good attorney will lay everything out for you clearly. You can have a much better understanding of what you are up against.

Interviewing a auto accident witness can be more intense then you originally thought. Sometimes, we want to believe that a witness will simply tell us their side of things fairly. However, like everyone, they may have a preconceived notion of how the accident occurred, may have some prejudice against you because they thought you were doing something wrong, or may even simply want to help but testify poorly thus eliminating them as a good witness. A good injury attorney will know the right techniques to use to interview a witness to get the most accurate information. You may want to let your attorney do all of the interviewing unless you learn the interviewing techniques that will provide the best results.

When a witness is interviewed by California injury attorneys there are many techniques that are used. Know what you are going to say, before you make any phone calls, can make a big difference in the results you get. Injury attorneys need to be very experienced when it comes to interviewing and they must have great ways of talking to people to get the desired results.

It is also a good idea to have a general idea of what the witness is going to say before the interviewing process. An experienced lawyer will be able to look at all of the provided information and get a feel for how the interview is going to go with a particular witness before the interview, based on the police report, and other witnesses. This advanced idea, can help them to get the best information available.

You may also want to use an injury attorney to help keep all witnesses helpful. If you irritate a witness, it can turn sour very quickly and this can affect the entire interview. You want to make sure that you use an attorney that is good at talking with people. This factor can make all of the difference in the world. If you think that your attorney is good when you are talking to them personally, chances are they will be great at the interviewing process of witnesses and this can help your injury case dramatically.

California injury attorneys are a great resource to posses if you are involved in an injury due to someone else. You never want to tread alone and if you have a knowledgeable attorney at your side, it can make difficult situation seem easier. You may achieve results that you did not expect, and you can focus on heeling, and getting on with your life.

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If you are involved in an accident you want to begin the process by consulting with a Los Angeles injury lawyer. Many mistakes can be made without an attorney on your side and you may not be fully aware of your rights. You need to make sure that you are not bullied by the other side and if you let your lawyer handle things, you will be more likely to see a good outcome. But the biggest mistake is giving a recorded statement to the other side.

After your accident you may be contacted by the insurance company from the other side. It can be tempting to get the ball rolling, but you may want to be very careful about giving any statements to this company. You are not required to do this and this can be used against you in many ways. The statement will be recorded and anything you say is fair game for use later, even if innocently stated, like "I am not really that hurt." The insurance company prepares for these cases thoroughly, but you may be caught off guard by some of the questions and they may prevent you from answering these questions in a productive way.

If you are contacted by an insurance company you may think that as a large company they are fair and honest. You need to keep in mind that the insurance companies are out to make as much money, and pay as little on claims as possible, and this could come at your expense. If you are contacted by a large insurance company you will want to have your injury lawyer offices' phone number handy, and you can simply refer this company to your lawyer for any comment. This is a great way to show the other side that you mean business, and you are not willing to settle without fair compensation.

You may be contacted the day after the accident and sometimes injuries present several days after an accident. This is where a Los Angeles injury lawyer can be a great resource. They may delay answering any questions until your injuries have been fully assessed and this allows you time to prepare. You want to take this process slow and give both sides time to come up with an appropriate arrangement.

A Los Angeles injury lawyer can get you the results you deserve. If you have been involved in an accident, you should never go at it alone, and fighting an insurance corporation is nearly impossible without the proper assistance of an attorney. Get your life back on track when you get all of the things you are entitled to after an injury accident.

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It comes as no surprise to a California Injury Lawyer that half of the most dangerous roads in the United States are in California. In fact, the three most hazardous are in Los Angeles county. A new study from the Scripps Howard News Service, based on U.S. Department of Transportation statistics confirms these recent findings.

This study evaluated 562,712 fatal automobile accidents between 1994 and 2008, and concluded that there was a pattern of accidents on certain American highways. Number one on the list was I-15 in San Bernardino, California, the segment which connects southern California to Las Vegas. This highway had 834 accidents and 1,069 deaths. Riverside County’s I-10 had 440 accidents with 515 deaths. In third place is the I-5 through Los Angeles County with 494 deaths.

Here in Orange County, the I-5 corridor that connects Sand Diego to Los Angeles is the most hazardous. However, as in most states, the major highways are not as dangerous as smaller state highways, county and municipal roads. Specifically, 71% of serious accidents involving fatalities happen on these types of roads.

Ortega Highway or Route 74 in Orange County is one our most scenic, but dangerous roads. Just last month we had another car go over the side of the embankment, falling 30 feet. The motorist miraculously survived the fall but it also creates concern for the general public of road safety. Each month there is either a motorcycle accident, head-on collision or some type of accident on Ortega Highway, a road of death and motorists are asking why some of these roads are not maintained better.

In addition to maintaining state highways and municipal roads, better engineering needs to be planned into newer highways. Replacing dangerous intersections, safer medians, rumble strips and better guard rails could save thousands of lives.

In past years, factors such as speeding, drinking and unfastened seat belts were main causes in fatal motor vehicle crashes but recently the trends of “unexplained” causes are on the rise. Maybe distraction or maybe unreported safety situations are causing untimely accidents.

Until now, there has been no nationwide reporting system that could identify hazardous driving areas. Specifically it is left to local governments and community groups to expose dangerous roadways. As a part of the Scripps Howard “killer roads” project, they have created a website that the public can complain about dangerous situations. They in turn will pass this information on to local authorities. You can access this website at www.scrippsnews.com/killerroads/complaintform.

Report hazardous conditions whenever you can to help create a safer environment for driving. We know as California Injury Lawyers, that to win damages for victims of poor maintenance, we must prove that the State knew of the dangerousness. Since they won't keep these records accurately for us, report is yourself. You may just save a life and your own.

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Alex’s friend, Branden, while not in juvenile hall detention, goes to local Southern California schools as a part of the “Youth in Court” program and talks to students about his poor choices and how he killed his best friend. Is this enough to satisfy the family of the teen killed, or convince those others not to do the same thing?

Instead of going to prom and graduating, young teens like Alex and over 700 other kids annually lose their lives by either driving drunk or getting in a car with friends who had been drinking.

Branden and Alex, both popular kids who were looking forward to receiving lacrosse scholarships, were at a senior party. After 8 or 9 beers, they both got in Branden’s car, along with two other boys and raced through San Diego until he ran off the road, into a fence, trees, and bushes before rolling over. The three other boys in the car were not injured but Alex’s head had blunt force trauma. He later died.

Alcohol is the number one drug problem among youths, killing more young people than all other illicit drugs combined. More than 6,000 young people die each year due to underage drinking. In 2005, 2,035 15-20 year olds were killed in alcohol-related traffic crashes—an average of six deaths per day. Of those deaths, 1,387 youth aged 15-20 died in crashes involving a 15-20-year-old alcohol-impaired driver.

Does this program offer more for the youth than a period of incarceration? Killing another is a very serious offense and placing them in jail or an institution sends a clear message to other teens at the school that this type of activity is not cool and will cause you to be jailed. What message do we send when the teen only has to attend a special program at school? Shouldn't he have to pay financial reparations to the family for taking a life? Read other stories of Drunk Driving punishment and compensation that society demands be awarded.

On the other hand, placing a boy in jail for an extended period may cause him to turn to a life of larger crime, as often the stigma and treatment at our jail systems breeds multiple offenders. As a Mission Viejo auto accident attorneyy, I see the devastation drunk drivers cause to a family. Until the parents and teens start to realize the danger and fear the consequence, there will be very slow change.

Another excellent program that has been developed by Mothers Against Drunk Driving, (MADD), travels around the state to educate teens of the dangers of underage drinking. In April 2010, the program will be at several Orange County high schools, including El Toro High school in Lake Forest.

The MADD program is called “Every 15 minutes”. The statistics are stark. Each 15 minutes someone dies from an alcohol-related crash in the United States. With cooperation from the Orange County Sheriff’s Dept, Mission Hospital and the CHP, a mock accident scene is created on the campus. Bloodied kids, gravesites, and DUI arrests are all designed to educate kids that one bad decision can destroy the rest of your life, or someone that you love.
In a recent teen survey, over 80% of 12th graders stated that they had tried alcohol in the past year and 66% had drunk alcohol in the past month. Alcohol is the drug of choice for most teens and that’s why there’s’ a lot of underage drinking going on.

Additionally, some startling new data on how teens are getting their alcohol—their parents. Parent’s often feel that alcohol is not a drug and they would rather their kids s drink in a home with supervision, rather than in a parking lot somewhere. In fact, some parents even enjoy playing bartender.

Mission Viejo was the first city in Orange County that passed an ordinance prohibiting underage drinking in private residences. If caught, an adult could face a fine of $1,000 and up six months in jail. Of course you may be liable as well if the teen leaves your house intoxicated and drives recklessly.

If you have been victim to a drunk driver and do not think it is appropriate to slap that person on the hand, see this web site for articles and information to help you review your rights.
Don’t drink & drive!

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Operation Twisted Metal” , a three year investigation completed with the arrest of fourteen individuals caught staging car crashes. This joint effort included several organizations: FBI, California Department of Insurance, San Diego Police Department, the Immigration and Naturalization Service and the National Insurance Crime Bureau.

According to the National Insurance Crime Bureau, many types of insurance fraud have rapidly increased in the past two years since the recession began. Staged car accident cases are up 34%, suspicious car thefts/fires are up 27%, as well as many other doubtful insurance claims.

There are estimates that staged accidents here in California cost the taxpayer, on average, about $200 million a year. The Los Angeles metro area ranks third nationwide in staged accidents; behind Tampa and Brooklyn. It seems hard to imagine that people would intentionally get into an auto accident and risk personal injury.

Recognizing some common staged accident schemes can assist you in potentially avoiding these types of situations. “Hammer & nail” and “Swoop and Squat” are two of the most common staged car accidents.

The “hammer” car is generally the car causing the impact. It is often abandoned after an accident. The “nail” car is usually filled with passengers who then file inflated claims to their insurance companies.

The “Swoop and Squat” usually involves two cars and they frequently target a single occupancy automobile so there are no witnesses to the collision. The “squat” car usually contains two people, and then positions it in front of the victims’ car. Then they slowly close the distance between you and the other vehicle. Then the “swoop” vehicle quickly changes lanes in front of the “squat” vehicle and stops suddenly. The innocent party rear ends the “squat” car and the “swoop” vehicle typically leaves the scene. The suspects in the “squat” vehicle innocently state that “this vehicle came out of nowhere and forced me to brake”.

Here are a few tips if you suspect you have been in a staged accident:
· Call the authorities immediately
· Stay at the scene until a police report has been filed and do not accept responsibility for the accident.
· Get as much information as possible; driver’s license numbers, names, addresses, count the individuals in the other car and note injuries and
· Take pictures with your cell phone. Often times these professionals will dispute the injuries, car damages and the number of persons involved.
· Allow plenty of space between your car and the car ahead of you. This will give you ample time to stop if the car in front of you suddenly jams on its brakes.
· Look beyond the car in front of you while driving and be defensive. Apply your brakes slowly if you see traffic slowing.
· Try to keep a pen and paper handy and write as many details about the accident, if possible.
· These schemes typically target owners of new cars, older drivers and solo occupants of vehicles.

Most importantly, do not believe for one minute that all Los Angeles and Orange County accidents, lawyers and doctors participate in such scams. An an auto accident attorney's office in Orange County with over 35 years experience, we know these arrests represent less than 1% of all claims. I applaud the agencies for delivering justice, but most accidents and victims are really hurt from accidents. We need to make sure they receive fair compensation. Call us if you have been the victim of an accident at 1 866 981-5596.

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Seattle accident attorney Jason Epstein is the founder of Teens Against Distracted Driving, TADD, TADD, a movement to arrest the continued dangers that texting poses when driving a car. Teens are invited to take a pledge on line, and if they do so in Washington State, they are provided a free wrist bracelet.

In an unusual turn of events, the attorney is now finding out the power and interest that teens can generate. Momentum is building and he may not be able to afford the bill if teens keep up the pressure. Only launched a short time ago, TADD is building critical mass. Teens are taking the pledge on line from all over the country. Therefore Jason had to solicit the help of other attorneys to foot the bill. He is not complaining though! “The injuries and accident levels are epidemic,” he said in a recent call to me. He now has 10 attorneys all over the country pledging support to provide a free bracelet. More may be needed!

Now he is also being asked to speak to teens at local schools in the Seattle area. He has agreed and expects even more interest in the coming weeks. The bracelet reminds us of our pledge to avoid texting and driving, because it is dangerous. If we can break our newly developed habit early, many lives can be saved.

I know of the tragedy caused by accidents of this kind and we report often on the subject of texting while driving. Pledge to stop texting and driving and receive your free bracelet. We can stop this horrible killer that also causes great grief to the driver. Also remember that if you cause injury or death in California while texting, you can be tried in criminal court for involuntary manslaughter. The DA’s are prosecuting these cases routinely to send a message.

I will do my share for California. If anyone takes the pledge, I will sponsor sponsor in California. At least one other attorney has agreed to sponsor as well in San Diego, the Jurewitz law group.

After speaking with Jason today, he suggested that I also offer my speaking services as he has. He is a hard man to turn down. I have agreed, how could I say no! Call my office and I will arrange an engagement to any group in Orange or Los Angeles County, California. 1 866 981-5596. As an accident attorney of 25 years, I have plenty of stories to share of the horror caused by distracted driving. Saving a future disaster from happening would be a wonderful way to spend my day.

Catch the wave and take the pledge.

Jim Ballidis is an author and attorney in Southern California.

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If you drive routinely on the freeways here in Orange County or in fact throughout California, you might have noticed an increase in aggressive driving. Increased congestion, running late, and anger are all contributing factors to the most aggressive driving that we’ve seen on the increase. The big problem is at what point does aggressive driving turn to road rage and thus become a risk factor for personal injury accidents, or in some cases, homicide.

Last weekend a road rage incident in Stanton ended in a serious stabbing for one man. The victim was rushed to UCI Medical Center and underwent surgery and is expected to survive. It is being investigated as a road rage incident unless other witnesses come forward to prove otherwise. Since the incident involved two ethnic groups it may be classified as a hate crime.
The freeways running throughout Los Angeles/Orange Counties have the reputation for having the fourth aggressive drivers, next to Miami, New York and Boston in the nation. Statistically, young men, 18-24, are more prone to road rage and they typically drive more than other age and gender groups.

Road rage is a two way street, though, and if you don’t respond, chances are nothing will happen. However, according to a national survey, over one half of all drivers who experienced these aggressive drivers do react and then that escalates the situation. Horn honking, yelling, obscene gestures, maybe they will make you feel better but it won’t solve the problem. In fact, in some cases, it can make things worse if the other party has access to weapons and wants to do you harm.

Road and Travel Magazine have some great tips on avoiding aggressive driving and road rage incidences:

Attitude: Stay calm and focused while driving; it is not a competitive sport.
Smarts: Don’t allow yourself to be drawn into a confrontation.
Courtesy Try to be a courteous driver, remember you are not perfect.
Turn Signal: Remember that 57% of people do not use their signals properly!
Changing Lanes: Make sure you have plenty of merging room and don’t cut off other drivers.
Keeping up with the Pace: Try to stay with the flow of traffic or move to the far right, slower lane
Tailgating: always keep a safe distance while driving; one car length for every 10 miles per hour driving.
Gestures: Never make obscene gestures
Distance: If a driver is showing abnormal aggressive behavior, keep your distance.
Get Help: If you feel seriously threatened, either call 9-1-1 with your cell phone or drive to the nearest police station. Never drive home or stop on the side of the road!
Apologize: If you make a mistake, try to apologize with the appropriate gesture.

In California the Aggressive Driving Laws are quite clear. Using your car in an aggressive way that commits a crime is considered a criminal assault and you can be penalized with a fine of up to $10,000 and up to 4 years in jail. Be polite and do not respond to someone that starts an incident.

James Ballidis is the managing partner of Allen, Flatt, Ballidis & Leslie, a personal injury and auto accident law firm in Southern California.

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A controversial new study released recently by the Highway Loss Data Institute, HLDI disputes the findings that new state laws banning cell phone use and text messaging while driving actually decrease car crashes. Of course, actual collisions and deaths due to cell phone use speak otherwise as noted in this California auto accident lawyer discussions. As you might imagine, many lawmakers and organizations that promote no cell phone use while driving are disturbed at the message these new findings might send.

The group compared the monthly collision claims in four states that had laws banning cell phone use while operating their motor vehicles. The group found little difference in collision rates, but before you grab your cell phone in the car, you should know that distracted driving contributes to the 4,000 to 8,000 crashes every day in the United States and a serious Metrolink accident in California. Our universities are not safe from drivers, distracted while texting or using their cell phones. Furthermore, distracted drivers are responsible for at least half of the 6 million crashes per year.

Besides cell phone use and texting while driving, the Department of Transportation defines three types of distracted driving.
· Visual- taking your eyes off the road
· Manual-taking your hands off the wheel
· Cognitive-taking your mind off what you’re doing

Distracted driving is any non-driving activity a person engages in that has the potential to distract them from driving their automobile in a safe manner. Some other forms of distracted driving are eating, drinking, talking, grooming, reading maps, changing radio stations or using navigation systems.

It only takes a moment to be distracted and cause serious personal injury. Additionally last year over 515,000 were injured in police reported accidents with at least one of the drivers were distracted and 5,870 were killed. The worst offenders are the 16-20 year old age group, but all demographic groups are guilty at some point of driving distracted.

The Foundation for Traffic Safety has gathered some helpful guideline for potential distracted drivers:
· Plan ahead-Check road maps and traffic conditions before you get on the road
· Stow electronic devices-Turn off your phone while you’re in the car so you won’t be tempted to answer it.
· Prepare kids for the trip—Get the kids safely buckled up and situated with snacks and entertainment before you start driving. If you must deal with a child situation, pull over instead of turning around constantly.
· Don’t eat in your car-on a long trip always stop for breaks; don’t eat while driving.
· Prepare your vehicle before you start the engine- Adjust seat positions, climate control, sound systems before you take off.
· Groom yourself before you get in your car- Your car is not your bathroom. Brush your hair, shave, put on make-up before you get in your car.

Lastly, the Transportation Department has officially banned truck and bus drivers from sending text messages while driving. This prohibition affects all buses and trucks over 10,000 pounds and is effective immediately. In addition, President Obama has directed all federal employees not to engage in texting while driving government-owned vehicles.
All of these new rulings are a positive step in keeping our roadways safe for drivers.

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A recent rain brought over 500 accidents to Southern California according to a Huntington Beach accident attorney blog. We rarely contend with wet roads and our freeways are built to still drive relatively fast when things are wet. However, Southern California has one unique feature other large cities do not. Because we have little rain, our highways and streets accumulate oil and grit that causes our roads to be more slippery.

When you are on the road this holiday season, make sure you give yourself extra room, drive slower and always keep an eye out for the other guy. Frequently, accidents can be prevented by a little more patience and caution on your part. Be safe and have a happy holiday season.

James Ballidis is an auto accident attorney with Allen, Flatt, Ballidis & Leslie in Newport Beach, California.

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In terms of legislative and judicial decisions, the last few decades have not been kind to people injured by the intentional or negligent acts ... or inaction ... of others. Insurance companies have been allowed to bargain in bad faith with Plaintiffs injured by their insureds with essentially no repercussions. Employer funded health plans are allowed to deny, delay, or ignore rightful claims while the ill and dying do not even have a right to sue for damages, and people continue to drive in California with only the minimum liability limit of fifteen-thousand dollars. A meaningful visit to the Emergency Room will exhaust that amount in a day or two. Under pressure from well funded insurance company lobbyists, a seemingly endless slew of laws and verdicts have gone against people seeking some measure of redress for the harm inflicted on them.

It was with great pleasure to read that in the last few weeks a rather significant (but probably largely ignored) decision was handed down by the California Court of Appeal. The Fourth Appellate District in Howell v. Hamilton Meats invalidated a particularly insidious line of legal reasoning that has been damaging the field of Plaintiff's personal injury law for quite some time. Injured parties are allowed to pursue their medical bills at trial. However, what if the injured party had insurance. paid by their premiums? Do the juries get to hear about it?

Well, in California we have a doctrine called the "collateral source rule." It means that if a Plaintiff has insurance that covered his medical bills after an accident, a Defendant is prohibited from introducing evidence of the existence of insurance. If a Plaintiff has insurance, he typically has no outstanding medical bills by the time of the trial as the health insurance company has typically paid them. Yet, Defendants aren't allowed to place this information before the jury due to the collateral source rule. If one thinks about it for a moment, the reasoning becomes clear. Why should the Plaintiff, who paid for the insurance (often through premiums for many years), not be allowed to recoup his medical bills simply because he had the foresight to purchase insurance? It would be unfair to allow a jury to assume that the Plaintiff was not economically damaged by the accident simply because he had insurance.

A problem arises in the modern practice of medicine in that insurance companies do not pay the full amount of the medical bills. Typically they negotiate rates with the medical providers. On a $1,000.00 bill, the insurance company may only pay $200.00. Well, which amount does the Plaintiff get to introduce to the jury? The amount of $1,000.00, or $200.00? Until the decision in Howell v. Hamilton Meats, the general practice was that the Plaintiff could provide evidence of the $1,000.00 bill to the jury, BUT he was only allowed to receive the amount of $200.00. However, the Plaintiff does not get a refund of the premiums paid to the insurance company. The justification for this rather strange state of affairs was rationalized in two cases, colloquially referred to in California as the Hanif and Nishihama decisions. I will not mince words: the two decisions were neither well reasoned nor did they reflect a modern understanding of the ongoing hybridization of the medical and insurance fields.

The fact that a Plaintiff could incur medical bills of $1,000.00, yet not be able to receive special damages of $1,000.00, was patently unfair. The entire purpose of the Collateral Source Rule was to prevent Defendants from benefiting from a person's purchase of insurance. When a medical bill is "reduced" to $200.00 by an insurance company, it is a benefit deriving directly from the purchase of insurance. The reduction was made possible by the fact that a large pool of insureds contributed premiums over many years to an insurance company capable of negotiating on their behalf. Why should a Defendant, who negligently or wrongfully injured someone, get the benefit of a bargaining power paid for by Plaintiff and other similarly situated insureds? Thankfully, in a post-Howell world, individuals who purchase insurance will not see their legal rights reduced by their choice.

The ruling does not change medi-cal rules of reimbursement but if you personally or through your company purchased insurance, you are entitled to the reasonable value of those services as compensation. There is a split in authority in the state right now on this subject so make sure to check with your attorney if you think this is applicable to you.

Michael Bock is a litigation attorney with the firm of Allen, Flatt, Ballidis & Leslie in Southern California.

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Although New Year’s Eve gets the blame for the holiday with the most DUI fatalities, actually it runs a distant second to Thanksgiving. Family holidays are wonderful times to be together, but they also can create situations that can lead to excessive drinking.
Every 30 minutes someone is killed in an alcohol-related accident. In fact, Americans who drink and drive after holiday parties and celebrations make the period between Thanksgiving and New Year’s one of the year’s most deadly and dangerous seasons due to alcohol-related crashes. Over 17, 500 persons die unnecessarily due to bad driving choices.
Tragically, consequences of driving while under the influence cannot always been corrected. One example is Felipe Navarro Orona who was driving the shoulder of the I-5 freeway at 3am one morning. He failed to see two men changing a tire in front of him until it was too late. One man died at the scene from blunt force trauma to his head, body and legs. The other man was seriously injured but is expected to survive his injuries.
Orona has now pleaded guilty to vehicular manslaughter and other serious charges. He faces a maximum 13 year jail sentence in the penalty phase. One careless act has changed the lives of three men and their families forever.
The one deterrent for drunken driving here in Orange County that seems to be effective is sobriety checkpoints. Since their inception, fatalities and serious injury accidents have been lowered. The Orange County Sheriff’s Department has just received a three-year state grant for $874,852 to combat intoxicated drivers during various holiday seasons. The grant helps to supplement local law enforcement budgets and assist with extra holiday related expenses.
The major checkpoint season is the period between Thanksgiving and New Years, but one day enforcement targets will include Super Bowl Sunday, St. Patrick’s Day, Cinco de Mayo, and Memorial /Independence Day long weekends.
A DUI arrest in the State of California means automatic suspension of your license; impound of your car, higher insurance, ignition locks in some counties and maybe some jail time. It’s just not worth the aggravation. If you are convicted, it is mandatory that your car will have some type of ignition interlock device placed on your automobile.
To avoid getting a DUI this holiday season, follow these few driving safety tips:
• Plan ahead and always designate a sober driver before the holiday party or celebration begins
• Don’t even think about getting behind the wheel of your vehicle if you’ve been out drinking
• Call a taxi or use mass transit! Or how about getting a sober friend or family member to come and get you
• If you are able, stay where you are and sleep it off until you are sober. Many office parties are held in hotels for this reason
• If you’re hosting a party this season, make sure your guests do not drive intoxicated.

Happy Thanksgiving!

James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie, a firm devoted to advancing the rights of auto accident victims. IF you need assistance with a legal matter call 1 888 752-7474.

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According to a new report from Transportation for America, the Southern California metro area is the most dangerous for pedestrians. In addition, there have been 491 deaths statewide last year. Lack of sidewalks and crosswalks spaced too far apart are two of the main causes of these accidents. The report entitled, “Dangerous by Design: Solving the Epidemic of Preventable Deaths”, investigates why there has been such an increase in pedestrian deaths.
For one California family, their son has become a statistic, but they are trying to fix the problem that caused this accident in the first place. One year after the accident that left Adam Wilhite with severe brain injuries and in a coma; his father is suing the city of Westminster for $75 million dollars.
The suit claims that the city failed to provide proper lighting, safety features and signs at the intersection of Goldenwest Street and Sowell Avenue. The police report claims that Adam was at fault for the accident due to the fact that he was not in a crosswalk and failed to yield the right-of-way to a close vehicle. His parent’s argue that the car that hit him was travelling at an excessive speed as well as other contributing factors. The driver was not charged.
Adams’ parents visit the accident site frequently and they often see several kids from both Marina and Westminster high schools crossing at this very location. The lawsuit argues that due to the proximity of the high schools, there should better access to crosswalks for the children. School areas are especially vulnerable. See this article about a high incidence of pedestrian accidents close to Northridge University.
As congress prepares to rewrite the nation’s transportation laws, it is urgent that our spending priorities and policies keep our states, counties and cities safe for pedestrians. Although nationwide, pedestrian deaths account for 11.8% of all traffic deaths, only 1.5 percent of transportation funds are spent on efforts to improve pedestrian safety such as crosswalks and sidewalks.
As with most preventable deaths, ethnic minorities, children and the elderly are disproportionally affected in the more than 76,000 Americans that have died over the past 15 years on their city streets. Many cities traffic patterns have changed from main street to arterial roads and this is the cause of over half of the deaths. The rest are caused by poorly designed sidewalks and crossing areas.
If you are experiencing too many accidents in your community, take action and speak to your local representatives about pedestrian deaths and make sure that they know about these two programs:
Adopt a National Complete Streets Policy
This will ensure that all federally funded road projects take into account the needs of all users, including pedestrians, the elderly, and the disabled so they are able to travel safely on our city streets.
Expand the Safe Routes to School Programs
This program allows communities to incorporate critical safety measures to allow children a safe path for walking and bicycling to school.
For a full copy of this report, you can download a pdf version at www.t4america.org/

James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie advancing the rights of pedestrians injured or the victim of wrongful death in California. If you need help call 1 866 981-5596.

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Last weekend we turned our clocks back an hour, losing an hour of daylight. As daylight savings time ends and we return to daylight standard time, the highways become more dangerous as many people drive drowsy and in the dark. According to recent studies from the National Road Safety Foundation, NRSF, fatigued impairs the brain as much as alcohol does.

Although it is the difference of one hour of sleep, researchers have identified clear links between losing an hour of sleep and increases in fatigue and traffic accidents. In fact, some studies have suggested that one hour sleep loss is comparable to the same effect as three-hour jet lag. Fortunately within a week’s time, most drivers have adjusted.

According to the National Highway Traffic Association, NHTSA, fatigued or drowsy driving causes 100,000 crashes a year, with 40,000 injuries and 1,550 fatalities. An astounding 37% of current drivers have admitted to falling asleep while driving and up to 60% have driven while drowsy.

In addition to drowsy driving after returning to standard time, commuters are adjusting to driving in the dark. Adjusting to these two factors is important to driving more safely.

Are you aware of the danger signs of drowsy driving? Take the NRSF’s quiz and discover if you are a drowsy driver:

· Do you have difficulty focusing, yawn or rub your eyes, blink repeatedly?
· Can’t recall the last few miles, daydream, and become irritable?
· Head snaps and nods?
· Catch yourself drifting out of your lane, hitting the rumble strips or accidently tailgating?

If you answered “yes” to any of these items, then here are some of NRSF’s safety tips:

· Try to get 7-9 hours of sleep at night; teens even more
· If you notice any signs of fatigue, get off the road and take a break; drink some caffeine
· Schedule breaks along your trip every 100 miles or every two hours
· Avoid alcohol and sedating medications

If you would like additional information on the dangers of driving drowsy, you can download a free educational guide by NRSF at www.nationalroadssafety.org/

In addition to the dangers of drowsy driving, returning to standard time it is obviously dark by 5:00 pm. Driving at night is more difficult for everyone and traffic deaths are three times greater at night.

The main reason that driving in the dark is so dangerous is that ninety percent of driver’s reaction depends on their vision. Obviously, vision is severely limited at night. In addition to vision limitations, peripheral vision, color recognition and depth perception are limited.

The National Safety Council recommends these easy steps for safe night driving:

· Keep all of your lights and windows cleaned properly
· Have your headlights checked for proper positioning or aim
· Avoid smoking when your drive; nicotine and carbon monoxide hamper night vision
· Reduce your speed and increase your following distance
· If an oncoming vehicle doesn’t lower beams from high to low, avoid glare by watching the right edge of the road and use that as a steering guide.

James Ballidis is the managing partner of Allen, Flatt, Ballidis & Leslie, a California personal injury firm specializing in the rights of accident victims.

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Last weekend we turned our clocks back an hour, losing an hour of daylight. As daylight savings time ends and we return to daylight standard time, the highways become more dangerous as many people drive drowsy and in the dark. According to recent studies from the National Road Safety Foundation, NRSF, fatigued impairs the brain as much as alcohol does.

Although it is the difference of one hour of sleep, researchers have identified clear links between losing an hour of sleep and increases in fatigue and traffic accidents. In fact, some studies have suggested that one hour sleep loss is comparable to the same effect as three-hour jet lag. Fortunately within a week’s time, most drivers have adjusted.

According to the National Highway Traffic Association, NHTSA, fatigued or drowsy driving causes 100,000 crashes a year, with 40,000 injuries and 1,550 fatalities. An astounding 37% of current drivers have admitted to falling asleep while driving and up to 60% have driven while drowsy.

In addition to drowsy driving after returning to standard time, commuters are adjusting to driving in the dark. Adjusting to these two factors is important to driving more safely.

Are you aware of the danger signs of drowsy driving? Take the NRSF’s quiz and discover if you are a drowsy driver:

· Do you have difficulty focusing, yawn or rub your eyes, blink repeatedly?
· Can’t recall the last few miles, daydream, and become irritable?
· Head snaps and nods?
· Catch yourself drifting out of your lane, hitting the rumble strips or accidently tailgating?

If you answered “yes” to any of these items, then here are some of NRSF’s safety tips:

· Try to get 7-9 hours of sleep at night; teens even more
· If you notice any signs of fatigue, get off the road and take a break; drink some caffeine
· Schedule breaks along your trip every 100 miles or every two hours
· Avoid alcohol and sedating medications

If you would like additional information on the dangers of driving drowsy, you can download a free educational guide by NRSF at www.nationalroadssafety.org/

In addition to the dangers of drowsy driving, returning to standard time it is obviously dark by 5:00 pm. Driving at night is more difficult for everyone and traffic deaths are three times greater at night.

The main reason that driving in the dark is so dangerous is that ninety percent of driver’s reaction depends on their vision. Obviously, vision is severely limited at night. In addition to vision limitations, peripheral vision, color recognition and depth perception are limited.

The National Safety Council recommends these easy steps for safe night driving:

· Keep all of your lights and windows cleaned properly
· Have your headlights checked for proper positioning or aim
· Avoid smoking when your drive; nicotine and carbon monoxide hamper night vision
· Reduce your speed and increase your following distance
· If an oncoming vehicle doesn’t lower beams from high to low, avoid glare by watching the right edge of the road and use that as a steering guide.

James Ballidis is the managing partner of Allen, Flatt, Ballidis & Leslie, a California personal injury firm specializing in the rights of accident victims.

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floor mats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floormats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floormats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floor mats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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I have written on a number of occasions about recent unexplained vehicle acceleration claims of many different vehicles, and the failure of government agencies and manufacturers to thoroughly investigate or take these claims seriously. Most claims are attributed to driver error, accusing the driver of pressing on the wrong pedal.

Defective car mat blamed for death.
Two Camry sudden acceleration cases.
On a summary of Toyota involved investigations, see this article.

The most recent case involved a Lexus ES 350 that killed an off-duty highway patrol officer and three of his family. Recall that he had placed a 911 emergency call at the time of the incident. Recognizing that the plausibility of arguing that a trained CHP officer simply pressed the wrong pedal was not viable, a second simple explanation was offered, that the gas pedal had been trapped by a floor mat. I wrote that I doubted a CHP officer would not realize that the floor mat trapped the gas pedal and was interfering with its release as he and his family prayed during the last minutes of their lives.

Now according to the Los Angeles Times article, October 25, 2009, further investigation has revealed a reasonable basis for skepticism. Evidence showed that the brakes were heavily damaged, suggesting that the officer tried to stop the car through use of the brakes to no avail, as the motor roared on. He was not pressing the wrong pedal.

Investigators are again focusing on the floor mats because they were designed for a different model car, installed by a dealer in a loaner car. Clips that hold the floor mats were found, some attached some not. Strangely, no efforts have been undertaken to examine the electronic data recorder which would provide much more information about the acceleration, and potential cause of the accident. Additionally, it is reported that the accelerator pedal was actually “bonded" to a rubber floor mat.

The reason for bonding is not yet known. However, I my common sense opinion as a California product liability and accident attorney, suggests that this bonding actually occurred prior to the accident. To conclude otherwise, we would first have to presume that the pedal was, during normal operation of the vehicle, jammed to the floor, and held there for some unusual period, causing some unexplained force or factor to cause the rubber to bond!. Have you ever had rubber floor mats. They are tough and unlikely to bond without some significant force or heat, and when have you pressed the pedal to the mat racing down the road in your normal driving, with your family in tow?

A more likely explanation is that the unexplained acceleration had already begun. The officer, after realizing that the acceleration was occurring, pressed the brakes hard to no avail. He probably tried desperately to punch and stomp on the accelerator pedal in the hopes that the acceleration would stop. I am curious if he reported to the 911 operator if the pedal was stuck to the floor or just that the car was simply accelerating out of control.

I do not believe these accidents are a function of mechanical sticking of the pedal to a mat, driver error or a trapped accelerator caused by the wrong size mat. Our fuel delivery, cruise control and acceleration is all controlled by computers, and given the varied types of cars and drivers that have died, more investigation needs to be done until a definitive reason is identified. I hope that this case will not be swept under the “Mat” and the real culprit of this accident and others in the last five years will be found.

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Last year the legislature of California passed a law prohibiting the use of cell phones during operation of a motor vehicle, unless using a hands-free device. While the law has had some success in reducing use of cell phones on our roadways, there still remains a significant and contingent of people who don't think an accident will not happen to them while using their cell phone.

In an embarrassing report today, Maria Shriver, wife of Governor Schwarzenegger, was caught photographically on three separate occasions using her cell phone while driving. Even after the governor advised reporters that he was going to take immediate action to resolve the issue, she was caught again on camera.

Cell phone use is still very dangerous on our highways and roadway surfaces. Articles are released daily about the tragedies arising from cell phone use while driving an automobile. A pedestrian was killed even though she made eye contact with the driver on a cell phone at Cal State Northridge, a pedestrian was also killed in Costa Mesa while the driver was texting, and I have written of other past cell phone related injuries and accidents.

Can the use of a cell phone give rise to a punitive damage claim in an injury producing auto accident? Yes says California personal injury attorney James Ballidis.

It is long been established that when a driver willfully and intentionally and with conscious disregard for the rights and safety of others, carries out an act that is dangerous or deadly, punitive damages can be assessed against that driver. Most notably are the claims of willful use of a car to ram or hurt someone, but drunk driving has given rise to punitive damage claims over the last 15 years. California requires proof by clear and convincing evidence that the driver knew or should have known they were impaired, but got behind the wheel anyway. There have been significant verdicts and settlements against drunk drivers.

It is not hard to realize that cell phone users are willfully using their cell phone despite the probability of injury or wrongful death, and they should be set subjected to punitive damages as well. Furthermore, intent is not necessary to prove punitive damages. If a cell phone driver knew or should have known that their conduct would likely result in injury or death, then they too can be subjected to punitive damages.

Virtually every driver would have to live in a cocoon to not know about the California statute prohibiting cell phone use. I have personally witnessed on at least eight or nine occasions other drivers becoming infuriated by slow drivers or distracted drivers who are obviously communicating on a cell phone, and a gesture or tell the driver's so. The havoc, damage and personal loss of life associated with cell phone use also has to be clear in the minds of virtually every driver in California. There has been so much written about the injuries and deaths caused by cell phone use that at the legislature was prompted to enact the California statute.

While drunk driving is vilified, making it easier to prove punitive damages, cell phone use, is moving quickly up the ladder of villainy, rising to the level of completely unacceptable behavior when driving a car in California. As a California auto accident attorney, our office will be reviewing each new case arising from an auto accident, and if cell phone use is implicated, punitive damages will be alleged.

Punitive damages are not discharge in bankruptcy, and are not paid for by insurance. If you value your hard-earned assets, house, car and retirement accounts, you should not do what the wife of the governor of California has elected do, you should shut off the cell phone or use a hands-free device while driving.

At least drunk drivers have the excuse that they have a disease, alcoholism. Cell phone need users do not. James Ballidis is a 25 year personal injury attorney practicing with Allen Flatt Ballidis & Leslie in Newport Beach California.

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According to online records, Armstrong Owen Kitchen pleaded not guilty in Orange County Superior Court this week. He is accused of contributing to the car accident that resulted in the death of a two year old toddler, Sophia Sales. He has pleaded not guilty to the crash as well as marijuana possession.

The accident occurred last year when Mr. Sales had come to a stop on the freeway due to a car with mechanical problems in front of him. Due to heavy traffic they were unable to change lanes and the car traveling behind them was Kitchen. Even though both children in the SUV were in safety seats, the car was rear-ended at a full force—around 55mph.

The two -year old, Sophia was found unconscious and along with her father and 3 month old brother were all taken to the hospital. Sophia died later that day from injuries to her head and chest. At her mass, her parents noted that Sophia will live on in four other children since her organs were donated.

Freeway injuries are common due to distracted drivers. Don't be a victim twice, protect your rights by hiring a qualified lawyer to represent you in your auto accident case. Call us a 949 752-7474 for a consultation.

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One of Orange County busiest freeways was at a crawling pace recently when a series of accidents left a pile-up of cars and several serious injuries.

Witnesses driving eastbound on the 91 freeway a little past 9am began calling in reports of a reckless driver in a black Dodge Durango SUV. He began by rear-ending a 57 year-old woman. By then more reports were coming into 9-1-1 which reported this suspect driving against the center meridian and hitting yellow traffic dividers. After striking the center divider, he then careened through all traffic lanes and ended up on the right shoulder.

A Good Samaritan that had been providing information to the CHP was hit as well from behind before that driver hit several other cars. The right shoulder had several parked vehicles.
CHP officers had to forcibly remove the suspect, Richard Hildreth of Yorba Linda from his burning car. He was taken to UCI medical center to be booked on suspicion of DUI but officers said that he did have another underlying medical condition as well.

If you have experienced reckless and careless driving on the freeways of California, please call us. We can help. even though this DUI suspect may not have enough insurance to cover all the damage he caused, judgment against him and uninsured motorist claims can be processed to get you the financial compensation you need. You know how complicated insurance matters can be. It’s always worthwhile to consult with an experienced Orange County California personal injury attorney that knows the correct procedures to handle your situation with integrity and expertise.

Call us at 1 888-752-77474, Allen, Flatt, Ballidis and Leslie.

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The chilling 911 call is difficult to listen to when you understand what is happening to this Southern California family. The last words spoken were “Hold on and pray” as the Lexus they were driving in was accelerating out of control and they had no way to stop it.

Mark Saylor and his family were driving a loaner Lexus sedan while his own was in the shop. As they were all riding in the San Diego suburb of Santee, for some unknown reason, the accelerator began to stick causing the car to gather speed upwards of 120 mph. According to Sheriffs’ witnesses, the driver then hit another car traveling through the major intersection, then ran over a curb and through a fence before exploding upon impact.

A preliminary report has found that a recalled floor mat may be the culprit in this tragic accident. The all-weather floor mats were originally designed for Lexus vehicles for model years 2004 through 2009. The mats were recalled in 2007 after they were found to slide too far forward and trap the gas pedal; causing the driver to possibly lose control of the car’s acceleration.

Toyota USA sent out letters to all Lexus owners at the time the recall was announced but it is unclear which type of mats this loaner car had.

If you have been in a auto accident due to a defective product, you (or a family member) need to call an experienced California product liability lawyer immediately. Jim Ballidis, senior attorney at Allen, Flatt, Ballidis and Leslie has been serving the Orange County community since 1975. Call us anytime at 1 888 752-7474.

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An ongoing police investigation following an injury accident in Orange County needs your help.
September 11, in the morning, shortly after 7 a.m., a Dodge minivan was traveling northbound on Bear Street at Segestrom Avenue when it collided with a white Oldsmobile. The minivan rolled on its side and then trapped both the passenger and the driver. The driver and his passenger had to be rescued by Santa Ana firefighters and were treated by the paramedics.

The driver of the Oldsmobile fled immediately after the injury accident on foot and has not been seen. The police need your help if you witnessed any part of this accident because they are still determining who was at fault during this collision. Contact the Orange County Register at 714-704-3709 if you have any further information.

If you have been injured in an auto accident, you need a auto accident hit and run injury attorney to assist you. Contact the office of Allen, Flatt, Ballidis and Leslie for a free consultation, 1 888 752-7474.

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Orange County Fire Authority was called to a multi-vehicle crash in August to free people trapped in their cars. The accident occurred at the intersection of Katella Avenue and Los Alamitos Boulevard in the city of Los Alamitos. The intersection was closed to both South and Westbound traffic while the clean-up occurred.

Vehicles involved in the accident include a big rig truck, a white Toyota RAV 4 and another unidentified automobile. The truck driver appeared to not have been injured but the other two vehicles had numerous major spinal injuries. The injured were taken to nearby hospitals. It is unknown how many people were actually trapped but rescuers did have to cut through the wreckage to save people.

If you have been injured in an accident involving a truck, you need a California truck accident lawyer that is skilled in this area of the law. Contact Jim Ballidis, an expert California personal injury attorney serving the Orange County area since 1975. call us at 1 888 752-7474 for any personal injury need you may have.

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In a dynamic story released yesterday in the LA times, a lawyer employed as legal counsel for Toyota, disclosed that Toyota had destroyed evidence that would be harmful in the defense of roll over cases. Toyota claims that the story is nothing more than ramblings of a disgruntled employee. What is alarming is that this "disgruntled" employee received a huge severance package, over 3 million dollars when he left. Furthermore, as an attorney, he will lose his legal license, if he cannot prove or substantiate his claims. Does this sound like a disgruntled employee, or a person with a conscious that is coming forward after all these years.

Rollover cases cause great and disastrous injury, and on many occasions wrongful death. For those that may think that rollover claims provide a windfall to attorneys and claimants, think again. Many cases take years to litigate. Many are lost because there is no way to prove the manufacturer knew of the defects before the accident occurred. In some cases, even if the company knew of the design defect, they argue that the defect was not the cause of a particular accident. The fight over what evidence exists and what is released to claimants and their attorneys during litigation is always protracted.

Some cases require $200-300,000 in expert fees to analyse the accident and vehicle. Black box technology is a closely guarded secret of manufacturers, so the claimants are many times completely reliant on the manufacturer's honesty and word that the data taken from the black boxes is accurate.

Unlike an airline crash, the black box data is not analyzed by independent investigators. You can see why Toyota and other manufactures do not want to turn over all evidence they may uncover, fearful that they may have more claims, when it is disclosed that the company knew and refused to change dangerously designed vehicles.

Add that California does not punish car manufacturers for destruction of evidence, and you have a no risk opportunity for the company to literally "try to get away with murder." I suspect when the dust settles, lots of "new" evidence will be uncovered, further underlining the lessons of this decade; corporations cannot be trusted to act ethically and without oversight.

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The preventable death of a 2-month old infant here in Orange County this week reminds us all that seat belts saves lives and in this case, a properly used infant car seat could have saved this baby’s life.

The Garcia family of Santa Ana was driving southbound on the I-5 freeway in Tustin when they drifted into the neighboring truck’s lane. California Highway Patrol reports that after hitting the truck’s left corner, Garcia lost control of the van then turned sharply onto the dirt embankment and overturned. The baby was thrown from the vehicle and was killed instantly.

Seat belts have long been required for infants and children. They are more likely to be injured because of the forces subjected to their small body during an accident. Smaller in size, a force that may shake a 210 pound man, may throw children and infants during a collision, even if the collision is not significant to the balance of the occupants. No one will suffer more than the Garcia family. We as a community, law enforcement and neighbors should always continue to stress safety for infants and children in an auto.

Garcia suffered moderate injuries and the four other passengers who were wearing their seatbelts suffered only minor injuries. The truck driver pulled over immediately but was unharmed during the incident.

Auto accidents happen when you least expect them and typically they happen close to your home as in this case. Orange County accident lawyers can handle local accidents better than anyone because of their expert local knowledge.

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California Highway Patrol reported at least 5 people are dead following a suspected blown tire on one of Orange County’s busiest freeways recently.

The accident occurred on the southbound I-5 freeway around ten o’clock in the morning. A 37- year old man and 33-year old woman, plus 3 additional passengers were in a Chevrolet Tracker when witnesses described that the vehicle suddenly veered off the highway and went down the embankment. The SUV finally stopped behind the bookstore in the El Paseo shopping center. Orange County Coroner’s office verified that all five victims were burned beyond recognition.
The Geo Tracker was made by General Motors between 1989-2004.

During the years 1991-1993, this vehicle received the worst possible rating by the Insurance Institute for Highway Safety. The death rate was almost three times the average for all passenger vehicles. This car has a high risk for head injury for the driver.
The accident is still under investigation.

Tire defects can cause damage and injury. However, every driver should be able to negotiate a blown tire by safely pulling to the side of the road. Otherwise we would all be killed because at one time or another we have all experienced a flat tire. This collision should be no exception.

If you know anyone who has been in an auto accident they need to speak to an experienced auto accident attorney as soon as they can. We can will review possible recalls of tire and other safety issues that a car owner may not be aware of. Allen Flatt, Ballidis and Leslie have been serving Orange County since 1974.

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Just past midnight on July 7, 2009 Patti Pattison was involved in an accident on the 241 toll road. While heading home after working at Hoag Hospital she was hit in the back, the passenger door, and the front of her car. She then spun around several times, describing it as "the teacups at Disneyland," as reported in the Orange County Register.

Normally, someone who causes this accident would have stopped and seen if Ms. Pattison was alright, but instead the hit and run driver drove away without a blink. Isn't it outrageous that the accident causing driver left the scene without checking if Ms. Pattison was alright? With only the vague description of a beige car from Ms. Pattison, the probability of finding the driver has left her dissatisfied.

Luckily the Toll Road records every vehicle that passes through. This includes vehicles with transponders as well as those to pay cash, and even the ones who try to skip out on payment. Patti Pattison is sure the vehicle did not stop at the Toll Road booth but instead sped out of the Alton Parkway exit without stopping.

The vehicle either had a Toll Road pass which would have been recorded with the transponder owners name, address, phone number, etc, or the driver tried to skip out on payment and had a picture taken of the license plate. Either way the vehicle should be discoverable.
The CHP had asked the Transportation Corridor Agencies, who run the Toll Roads, for identification of the vehicle. Strangely no results were found.

Was every effort really made to find the vehicle identification? Obviously, the toll company was not going to be paid for the search effort. Should it still do a thorough search to help locate the hit and run driver? By not completing a thorough search, we are encouraging people to run and get away from their legal responsibilities.

Devonie Migues is an intern with Allen, Flatt, Ballidis & Leslie, a firm specializing in auto accident liability and recovery.

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Two people have died due to sudden and unexpected acceleration of their 2005 Toyota Camary. The National Transportation and Safety Board still maintains that there is no problem with the car. Let me tell you the facts as reported by the police departments that investigated the accidents. You can probably see that a defect exist, why can't the NTSB?

Anne Ezal was going to lunch at the Pelican Point Restaurant in Pismo Beach,California. The restaurant parking lot was downhill of the restaurant. After travelling down the hill and coming to a stop in a parking spot at the bottom of the parking lot hill, the Camary suddenly
accelerated, jumped a curb, went through a fence, negotiated a dirt extension of the lot and then tumbled over the bluff, a feature of the restaurant views. There was no reason to accelerate after pulling into the parking spot and coming to a stop. The vehicle
fell 70 feet killing the driver. There was no explanation why the car suddenly accelerated, and why it kept accelerating though the entire distance traveled before careening over the cliff. The passenger witness said that the driver was doing everything she could to stop the car while approaching the cliff.

In Oklahoma later in 2007, Jean Bookout and her friend Barbara Schwarz were exiting a Highway ramp in Oklahoma. She was also driving a 2005 Camry. The car suddenly accelerated, and to try to stop the car, the driver put on the emergency brake, leaving 100 feet of skid with one tire alone. The vehicle would not stop and the car ran into an embankment with huge force, causing the wrongful death of the passenger and severely injuring the driver.

Someone needs to wake up at the NTSB. While an investigation was conducted that inspected the cars, nothing was found. For a thorough analysis of the investigation, see this article in The Safety Record, by Safety Record and Strategies Inc. Isn't the purpose of the NTSB to protect us from faulty cars. More than a cursory investigation is needed where evidence so clearly points to a problem when these cars are going off the road. In the mean time, buy a 2005 Camary at your own risk.

Allen, Flatt, Ballidis & Leslie is a personal injury and accident law firm located in southern California. James Ballidis has been with the firm for 25 years in the capacity as senior trial attorney.

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General Motors and Chrysler swooped through bankruptcy court and into economic heaven. Not only do they dispose of financial obligations, but they are now immune to civil claims of injury or damages arising from defective cars. According to several advocacy groups, this is a serious blow to the families that have such claims now, and those that might have a claim when literally the wheels come off the car.

Is there something you can do! No. Not a thing. You no longer have any rights for all cars built or assembled and sold before the bankruptcy filing and finalization. There is however a movement to force sellers of such cars to place a plackard on each car where defects have been noted warning consumers of the injury potential before the consumer buys the car, whether new or used. The idea is of course to have these vehicles removed from the streets by reducing the demand for the cars. It is a great idea in my mind. Let the car dealers eat the losses caused by these defective death traps, and remocve these cars from use. Then we don't have to claim personal injury when the defects manifest themselves.

James Ballidis is a personal injury and accident attorney with Allen, Flatt, Ballidis & Leslie in Newport Beach, California

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Orange County Fire Authority was called to the parking lot of La Tierra Elementary School with a 9-1-1 call concerning an unconscious 14 year old boy. Initially it was thought that he had a skateboarding accident, but after the facts were revealed, it seems he had sustained head trauma through a senseless trunk riding stunt.

Investigators believe that the 17 year old driver was offering to take kids to a nearby park. When the inside of his car filled up, then three young boys got into the open trunk. Nestor Barrientos-Macias then fell off the trunk and hit his head. He was rushed to Mission Hospital but died three days later.

This week the 17 year old driver was arrested and charged with vehicular manslaughter and suspicion of felony hit and run. Trunk riding is a dangerous new stunt and parents need to warn their children of the tragic consequences; both as the driver and rider.

If you or your children have been injured in any type of orange county auto accident, don’t hesitate to contact an experienced accident injury attorney immediately.

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Ultimate Fighting Champion, Quinton “Rampage” Jackson is being sued in Orange County Superior Court by a woman in Huntington Beach. Her attorney did not specify the amount of the claim but they did say they were seeking damages for the loss of her baby in the 2008 auto accident.

Just days after losing his UFC light-heavyweight-belt in July 2008, Jackson drove his truck erratically down Newport Boulevard, crashing into three vehicles. The lawsuit claims that Jackson’s truck continued to ram the woman's vehicle in an effort to flee the scene.

She was taken to Hoag Hospital in Newport Beach where three days later she lost her baby. She claims that the repeated trauma to her stomach by the steering wheel caused her amniotic fluid sac to break, ultimately causing the stillbirth of her child.

Jackson was arrested for misdemeanor reckless driving and pled guilty to evading police. He was ordered to complete community service, mental health therapy and pay for the damage he caused.

Even though Jackson has apologized, nothing can reverse the course of events.
If you have been involved in an accident resulting in serious personal injury or wrongful death, you need the help of a skilled personal injury lawyer. James Ballidis is an attorney with Allen, Flatt, Ballidis & Leslie.

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The family of Gregory Wolters has recently settled out of court for his wrongful death; falling between gaps of the Santa Margarita Parkway Bridge in Orange County. He is the second death by accidentally falling through gaps in the bridge, and the City apparently posted no warnings about the bridge gap or dangers. Legal experts are asking whether a settlement is worth the loss of life, but equally important, is the process flawed when a City refuses at the claim stage to admit they knew of previous deaths and the danger this bridge design posed?

In late 2006, Wolters was working for Econolite and was performing routine inspection on the bridge when he fell through a gap in the center of bridge. His widow then brought suits against Orange County, Rancho Santa Margarita and the California Department of Transportation.
Orange County Superior Court judge Sheila Fell last week dismissed the case after settlement. Both sides were represented by attorneys arguing who was negligent, but in the end, the lawyers resolved the matter without going to trial.

The complicated legal issues arising from a wrongful death require careful analysis because of the many parties are involved. However, it is a shame that with this as the second death, from the same bridge gap, the City of Rancho Santa Margarita did not attempt to resolve the case before suit had to be filed.

It is worth your while to consult with an Orange County personal injury attorney to evaluate a potential cause of a wrongful death. Otherwise, the family can be left without any recovery when a life was wrongfully taken.

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One innocent person was killed and three more critically injured when a high speed chase here in Westminster, Orange County, California ended tragically. Initially, police were called to the parking lot of an auto body shop with complaints of two men assaulting a third. When police arrived, the two suspects got into their pick-up truck and took-off.

During the police chase, the suspect’s vehicle reached speeds between 80 and 100 mile per hour on surface streets. The suspects then ran a red light and after that smashed head on into another truck and small car. The impact of the crash pushed the suspect’s truck about 100 yards down the street and it ended up on its side.

The man in the pick-up truck died immediately and the original two suspects as well as the person in the small car were taken to nearby hospital with critical injuries.

Unfortunately, high-speed chases are almost common place here in Southern California. Police chases are necessary to stop fleeing felons, but rules are in place to protect the public. It is always a balancing act between capturing the suspects and protecting the public. Unfortunately, fleeing felons do not care about the safety of the public. T

hat is why the penalty to them for fleeing must be so great that they care about their well being and likely prison term. Stiff sentences should be automatic, and heavy when fleeing law enforcement. Incarceration should not be in the general population pens where they can commune with other felons. Maybe it is time to review putting these people back onto "hard labor" chain gang work? Take the fun out of the escape by adding the back side payback, and you will reduce the fleeing suspect attempts.

As a Orange County personal injury attorney we see the devastation and destruction caused by these fleeing felons. It would be better to stop it before the attempted escape starts, rather than try to chase the felons "carefully." I say throw the book at them.

James Ballidis is a Newport Beach accident attorney practicing in Orange County California.

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Posted In: Car Accidents , Injuries , Motorcycle Accidents

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Heavy fog is being blamed for a massive multi-car pileup in Southern California last week. Wreckage of at least four big rig trucks and several cars were strewn at least a half mile on Interstate I-15 in the Oak Hills area of the Cajon Pass. Fog does not cause accidents, poor judgment by truck and auto drivers, during such conditions causes accidents. Truck drivers, in a hurry to deliver their loads, do not slow down under such conditions. They also underestimate their ability to stop in such conditions. Many accidents are caused each year from fog, but anyone who has traveled this highway knows that fog comes and goes. It is the duty of the motorist and truck driver to slow down, and proceed more cautiously.

There were reports of several injuries as well as diesel fuel spills which brought hazmat teams to clean up the dangerous materials. Many of the injured were transported to nearby hospitals with minor to moderate injuries.

The Cajon Pass in Southern California is the major artery East of Orange County. It transports traffic between the low desert cities and Riverside County. It was closed for most of the day causing huge traffic delays during the massive clean-up.

Our firm is all too familiar with the Cajon pass and the injuries and damages it causes to others. Whether it is fog, snow, rain or simply trucks traveling too fast, it is a major source of personal injury to motorists. If you have been injured in an accident similar to this one, you need a California personal injury attorney to handle your case. Multi-car accidents can be more complicated and you need an expert on your side. Contact Allen, Flatt, Ballidis and Leslie for a comprehensive review of your situation.

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Posted In: Car Accidents , Injuries , Truck Accidents

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Disneyland is “the Happiest Place on Earth”, at least here in Orange County, but 2 years ago it turned into a nightmare for two California women.

Qi Zhao and her two sisters and a niece were all riding the tram to return to your car after a fun day at the Disney theme park. The family had been at the park about 10 hours and they were tired. During the short tram ride Zhao fell asleep and when the tram drove around the turnaround to reverse direction.

Zhao sustained major head trauma when her head hit the pavement. Additionally she suffered a fractured skull and was in a coma for three weeks. Her other sister only had minor injuries.

The family brought a lawsuit against Disney for dangerous tram rides that travel at too fast for conditions and patrons likily to be tired from a long day at the park. Do you think that a person who falls asleep should be paid for their injuries on a tram? Disney counterclaimed that the family did not pay attention to the safety announcements, and was responsible for their own injuries. The decision was to be put into the hands of a jury, but Disney and the Plaintiff have now settled the claim with the Zhao family for an undisclosed figure.

Typically, Disney does not settle any cases it feels it can win. We will never know what the settlement was, $5,000 or $500,000 because the settlement was confidential. I suspect both parties had some points to raise, but I would be curious of the outcome at trial. I think an Orange County jury would have been hard pressed to award any sums in this case unless shown some really compelling evidence of liability in litigation.

Have you been injured in an amusement park accident, or any other accident due to the negligence of another? If so, you should have an investigation conducted to ascertain the real cause of the accident. While this person fell asleep, I suspect Disney had other motivations to settle because of negligence in their way of transporting patrons. I am sure Disney settled because they feared some type of loss at trial, even with a conservative Orange County jury. Protect your rights by learning what caused your injuries. Speak with an Orange County attorney familiar with personal injury claims to evaluate your rights.

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Orange County Sheriff personnel have identified the young girl from Lake Forest that was tragically killed over the weekend. The young girl, Jasmine Sanchez was only eight years old when the Chevy Tahoe she was riding in was hit by another car and then crashed uncontrollably into a utility pole.

Witnesses reported seeing a BMW 325 change lanes quickly before clipping the Tahoe. The driver of the BMW is Soroosh Mehdi from Irvine. Police are still looking for a silver Mitsubishi or Volkswagen that may have been racing or speeding with the BMW before the accident.
Jasmine’s aunt and other passengers had injuries and were taken to Mission Hospital but were expected to recover.

Have you been in an auto accident in Huntington Beach, Lake Forest or Orange County through no fault of your own? You need a California personal injury attorney on your side to sort out the facts and assist you through the insurance process. Allen, Flatt, Ballidis and Leslie are experienced personal injury lawyers that will guide you through the process.

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After several deaths and injuries, Yamaha Motor Corp has agreed to voluntarily suspend sales of its Rhino 450, 660 and 700 model off-road recreational vehicles. Consumers should immediately stop using these vehicles until a free repair is made by a Yamaha repair facility.
Yamaha’s repair includes the installation of a spacer on the rear wheels and the removal of a sway bar to help reduce chances of rollover accidents. In addition, the vehicle can also be equipped with passenger handholds and doors that will keep arms and legs inside the vehicle in case of a rollover. Of course as with all off-road vehicles, always wear a helmet and seatbelt to avoid serious personal injury.

Among the many deaths and serious injuries are several persons from Orange County. Last month, a family from Garden Grove was seriously injured and the father died when their off-road vehicle flipped over.

If you have been injured in this type of off-road vehicle, you talk with an Orange County personal injury attorney immediately about this dangerous product. A good lawyer will offer a free consultation and will give you an overview of your options.

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Jared Nobel Berggren appeared in court today and pleaded not guilty to vehicular manslaughter in the deaths of his two friends, Jacquelyn Ardalan and Miles Christenson. In addition, he is charged with causing great bodily injury while intoxicated. He is currently being held in the Orange County jail on $200,000 bail, but if convicted, faces a maximum sentence of 13 years in state prison.

The accident occurred several weeks ago when the three youths were driving at around 2:30am in Berggren’s pickup truck. According to Fullerton police investigators, the teens were speeding around 70mph in a 25mph residential area when the car lost control, skid, went off the road, and flew up a hill then hit a tree.

Both passengers were ejected and pronounced dead at the scene. Berggren’s blood alcohol level was .10 percent and it was later discovered that all of the teens had been drinking earlier in the evening.

The facts and accidents like this are repeated yearly with staggering regularity. Youths and alcohol make a dangerous component. Have you been injured as a passenger in a car accident or are you the family member of a wrongful death victim? Speak with an Orange County personal Injury attorney today to answer your many questions and know your rights under the law.

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“Lookie-loo” slowing is always a phenomenon at any car accident scene, but in the case of a recent Los Angeles County Sheriff’s spin-out crash, the onlookers created another crash scene.

On Friday night for some unknown reason, a sheriff vehicle spun out of control and hit the center median while traveling eastbound on the 210 freeway in Southern California.

While passing the accident scene, a big rig truck traveling westbound rear-ended another truck driver traveling in the same direction that had slowed to observe the accident across the road.

The freeway was temporarily closed to tow away the vehicles and transport the sheriff’s deputy who had sustained injuries. The California Highway Patrol is still investigating the cause of the original car crash but the second one will obviously be caused by some sort of distraction while driving. Whose fault is it, the party that rearended the other or the Lookie-loo? An argument can be made that the driver behind should be watching the road and the truck ahead of him, while he may argue that he had no reason to suspect the driver would slow to observe the accident across the road. In either case, the factual and witness evidence will be crucial to identify the real cause. Witness statements are very important in cases such as this and can mean the difference between success and failure in an auto accident case.

Have you been injured in an accident that involved a big rig or truck? Access the expertise of a truck accident lawyer. Allen, Flatt, Ballidis and Leslie are personal injury attorneys helping accident victims’ since 1974.

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Thankful to be alive and to have only moderate injuries, a motorcycle rider is recovering in a local Orange County hospital after a 50 foot plunge off the scenic, but dangerous, Ortega Highway, California Route 74.

It happened last Saturday on a beautiful spring day when on weekends, you can see many motorcyclists enjoying this beautiful, yet sometimes precarious road. Firefighters needed to rig a ladder and lower a rescue basket down to the injured motorist. He came to rest on a near-vertical cliff about 50 feet beneath the road. It took about an hour to safely recover him and transport him to safety.

It is unclear what the cause of the accident was. At this time, and unusually, there is no report of a roadway defect contributing to this accident.

Ortega Highway has been the scene of many recent accidents and if you have been injured driving along this road, contact a skilled Orange County personal injury attorney familiar with this location. Allen, Flatt, Ballidis and Leslie are lawyers and have been serving the Orange County community since 1974.

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An Orange County-based tour bus crashed near Soledad, California, killing 5 and seriously injuring the other 36 tourists onboard. They had just concluded tours of the scenic Carmel and Monterey areas of Northern California and were headed on their way to Southern California’s LAX airport to return home to France. Most all of the injured were French citizens except the American driver.

According to current data with the Federal Motor Carrier Safety Administration, the bus company, Orion Pacific had a good safety record until now. The company operates 12 buses that drive nearly a million miles per year and was rated among the top 10% of motor coach companies. There were significant personal injury to passengers.

Obviously, something went horribly wrong to have this many serious injuries. Investigators are now on scene and it will be some time before we know the actual cause of this horrific accident.

If you or a loved one has been injured in a bus or motor vehicle accident of any kind, call an experienced personal injury attorney immediately. If you were injured, be sure to explore all your rights. If you would like a free pamphlet on how to navigate dangerous waters after an accident, and how to select a California attorney, Contact us and we will mail you a copy free.

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Last week, Allen, Flatt, Ballidis & Leslie settled a hotly contested claim for $140,000. A wonderfully active woman in her 80's was driving in Huntington beach through an intersection, when struck by a patrol car. The officer testified that he was operating under lights and siren to a previous accident and therefore was justified in traveling through the intersection on a red light.
There was also a contention that our client did not have a hearing aid in at the time of the accident, and therefore was negligent and the cause of the accident.

The police report was unfavorable for our client. In our opinion, the investigating officer was biased. To see the truth about ">officer bias, click on the link.

We obtained several names of witnesses to the accident. Those witnesses interviews were key to proving liability. We have long promoted the concept that early investigation is the key to success in this case and all others.

On interview of those witnesses shortly after the accident, they refuted the officer testimony about operating his vehicle under lights and siren. Instead, he had chirped as he entered the intersection. No reason was given why he could not inch into the intersection, or wait for a green light. Because of early investigation, we prevented any witness from ruining our theme as well.

Ultimately, after deposition of all the witnesses and the investigating officers, the City settled with our client. This case demonstrates a real live example of the importance of early investigation by a competent California personal injrury attorney, and the results that come from it.

In the hands of an attorney not familiar with personal injury or less aggressive in locating the witnesses, this nice lady may not have prevailed. In fact, several attorneys turned this case down before she called us. If you need help, call us at 1 888 752-7474 for a free consultation.

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The Orange County Register wrote yesterday that a report released by the CHP identified 7,262 collisions involving big rigs in California last year. It also concluded that 56% of those collisions were caused by passenger car drivers. Therefore the CHP launched a “drivers education” program.

Response to the article was immediate, swift and in my opinion correct. Mail name “nijode”, who drives 100,000 miles a year noted that big rigs drive too closely behind each other, speed, tailgate, and car drivers have to cut in front of big rigs just to get on and off freeways. Mail name “harleyjazz” wrote that there are far more cars on the road than trucks, so it stands to reason that per vehicle, trucks statistically cause far more accidents than cars.

Both responders have great points, and I have a few more. While the cause of these accidents is statistically higher for automobiles, truck drivers are “Professional Drivers”. Their statistical average accident per truck should be much, much less. Trucks also cause devastating injuries. They are a menace if not driven safely. Injuries and wrongful death to passengers and drivers of autos are much more severe than to a truck driver.

So of the 7,262 collisions, 3050 were truck driver error and the damage caused by those 3050 collisions is monsterous. I would prefer that the CHP educate truck drivers and companies about the dangers they pose and keep our highways safe. The “Professional Drivers” should have an accident cause rate of 10% or maybe even 5%. After all, they are getting paid to drive. We are all just trying to get to work and around town. Imagine you are driving on a freeway with NASCAR drivers. Wouldn’t you think that the cause of accidents should be much less for the NASCAR drivers?

Truck drivers and the companies that employ them need to police themselves to be safer on the road. For every accident caused by a truck driver and reported to the CHP, I bet there are several unreported incidents that give a clue to the incompetence of that truck driver. Until then, victims will need to be protected by an attorney to at least get compensation for the tragedy trucks cause.

Suzanne Leslie, a California Truck Accident lawyer with Allen, Flatt, Ballidis & Leslie states “Trucks are necessary on our roads, but that does not mean that they can’t be safe. Year after year, trucks are increasingly causing more accidents.”

Instead of improving safety, the truck drivers, and companies they work for, are causing more accidents. I do not agree that we should be educating the auto drivers, but actually enforcing the truck safety laws and penalizing truck driver conduct to minimize the danger on our roads.

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As some of you know, I am frequently writing about dangerous roads, and Oak Canyon Road in Trabuco Canyon is one of them. But tthe roadway does not seem to be playing a part in this accident.

Just two weeks after the fatal car accident that left two teens dead in Trabuco Canyon’s Oak Canyon Road, another accident left three people with serious personal injuries. Dureti Bishop was the most seriously injured person and she needed to be flown via helicopter to Mission Hospital. She was the passenger in a Yellow Cab mini-van being driven by Bunny Deuk of Long Beach. Deuk was also seriously injured as was the truck driver that was involved in the crash.

Orange County authorities are currently investigating this accident but witnesses said that the Yellow Cab was not speeding but was weaving back and forth on the road. The mini-van eventually clipped the front-left side of the truck and it was pushed into a ditch and caught fire. A local Park Ranger needed to break the windows of the taxi to rescue the driver and passenger.

In cases like this and other serious auto accidents, it is important to have someone who is an expert in personal injury law on your side. Call the experts at Allen, Flatt, Ballidis and Leslie who are experienced Orange County personal injury attorneys.

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Posted In: Car Accidents , Construction Accidents , Injuries , Product Liability , Truck Accidents

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A delivery truck driver, Maximo Hernandez, was driving his pickup truck to deliver newspapers when a drunk driver crossed the road and killed him on March 29, 2009. Normally we note truck driver negligence in this blog, but this accident underscores the danger of drunk drivers, to all motorists.

Strict laws have been placed on the books for some time now, yet the message has not reached the public. Drunk drivers continue to injure and kill others on the road. Statistics from the California CHP calculated that 1/3 of all accidents were caused by drunk driving. In 2006, nationally 13,470 fatalities in alcohol-impaired-driving crashes equates to one alcohol-impaired-driving fatality every 39 minutes. Night time driving has a much higher incidence than during the day. Is there a way to stop this senseless injury and wrongful death on our roads?

Education of those who drink and drive has not been a viable solution. While a great deal of effort has been undertaken, there has been virtually no change in the statistics for the last three years. Despite the classes, MADD campaigns and editorials by all those affected by such conduct, accidents still occur with regularity and frequency.
Checkpoints and crackdowns at a road block have done little to stop accidents. While we may catch some on the road, a greater deterrence is needed. Drunks simply avoid the hot spot areas and drive on. We cannot possibly check every driver, every time he or she gets behind the wheel. Or can we?

Recent advances in medical and car technology allow for breathalyzer installation in all vehicles. BUT WAIT you say! I didn’t do anything wrong, and I don’t want the hassle and expense of such equipment.

Here are some interesting facts to consider. A competent personal injury attorney will demonstrate to a jury or anyone for that matter, that a life can be worth 1 to 2 million dollars. The loss each year because of deaths then means a potential cost to society of over 10 billion dollars per year. The Math you say: (13,470 deaths times $1,000,000).
You don’t think we all pay for this? If the drunk driver had insurance, they pay the damages and we pay the increased premiums. If there is no insurance, or little insurance, many families become a ward of the State. They use Social Security, Medical, Medicare, underinsured motorist coverage welfare assistance programs, meaning you pay for their unfortunate circumstances.

Add this tidbit. Of the accidents that do not cause death, 2,572,482 emergency visits arose because of Motor Vehicle accidents in 2004 according to the Center for Disease Control. It is estimated that 1/3 of those accidents were DUI related. An average hospital emergency room visit is in excess of $1,000.00. That equates to $857 Million dollars in E/R bills per year. You don’t think you pay for that. Next time your health insurance bill comes with a fat increased in premium, remember you are paying for those charges even if the drunk driver insured in the form of premium increases, and you pay even more if that driver is underinsured or has no insurance because his or her license was taken away.

Add the damages for Lost wages, lost support, additional treatment, lost business productivity, and you get the grand estimate by the Center for Disease Control of $ 50 Billion dollars a year because of drunk drivers.

Considering that the cost of devices can now be less than $500 dollars and great strides have been made in more convenient testing methods than breath, testing, the idea of a breathalyzer in every car which stops the drunk from starting the car has come to fruition. Think of the savings in premiums we can enjoy in health insurance, car insurance, taxes and avoidance of loss of life.

The number one objection (other than inconvenience) seems to be that someone else can start the car for the drunk driver and let him or her be on their way. Of course that person is sober and not impaired. Let them weigh whether they want to be responsible for the economic damages, pain and suffering and government debt caused by this person, and whether they want to commit and be prosecuted for a felony. Otherwise they can simply call their friend or relative a cab.

James Ballidis is with the law firm of Allen, Flatt, Ballidis & Leslie and specializes his practice as a Personal Injury Attorney in California.

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Attorneys for the family of Oscar Grant have filed a multi-million dollar wrongful death lawsuit against the Bay Area Rapid Transit agency (BART), former officer Johannes Mehserle, former BART police chief and other officers for their client’s shooting death on New Year’s Day.
This California shooting became an Internet sensation since the incident was captured on several cell phone cameras. The video eventually made it to the news media and subsequently the community was outraged at this incident.

Grant and his friends were first pulled off the train because of reports of fighting among youth on one of the trains. Although the transit officers did not see this behavior, it is alleged that Grant’s civil rights were violated and that the shooting was unnecessary and intentional.
Attorneys for the officer Mr. Mehserle say that the officer intended to Taser the young man instead of shooting him and that the whole incident was accidental. He has pleaded not guilty and will be in court this month.

If you have been seriously injured in a bus, train, subway or any public transit accident, don’t hesitate to speak with an experienced personal injury attorney immediately. Know your rights and have the best lawyers on your side.

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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.

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Posted In: Bicycle accidents , Car Accidents , Injuries , Product Liability

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One man is dead and his passenger was seriously injured after the red Ferrari they were driving in crashed into a light pole last week. The accident happened around 1:00 am Wednesday morning on Jamboree Road, just before Camelback Street in Newport Beach.
No one knows exactly how fast the Ferrari 599 GTB Fiorano was speeding at the time, but skid marks were found along the roadway before the car made impact.

This car has a top speed of 205 miles per hour, and with a price tag of $300,000 is definitely a high end luxury sport car. According to the Newport Beach Police Department, the car hit the curb and then the light pole. The impact split the car in two and the rear end of car came to rest about 75 feet away.

The unidentified man was pronounced dead at the scene. His women passenger was ejected during the impact of the crash and was taken to a nearby hospital. She sustained severe personal injuries but her status is yet unknown.

Have you been injured in an auto accident? As a passenger, you have rights against a driver that is negligent. Contact an experienced California personal injury attorney to explore your rights. They will explain your rights under California law and assist you with the best solution for you. You are always welcome to call us for a consultation, or simply to determine what your rights may be. Call us at 1 888 752-7474.

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Yesterday, in Newport Beach, California a man driving a Porsche was implicated in a wrongful death crash involving the founder of Tapout clothing. Both may have been racing and the Porsche driver was arrested for DUI.

Amazingly, the other car wrapped around a pole, cutting the vehicle in half. The Porsche driver, and his passenger, pulled to a side street and tried to "walk away" from the scene according to Newport Beach police.

This is not the first time this driver had been arrested for DUI. No doubt feeling priveleged, he just thought he would leave the scene to others to help the accident victim and clean up the mess he was involved in, of course avoiding implication in the collision.

This societal trend is dangerous, and inhumane. In a world at war with terrorism and economic theft of Billions of dollars, it seems that more and more people are losing their moral compass. Left to only a few in years past, now it is more frequent than you could imagine that drivers flee a scene of an accident in the observation of this California personal injury attorney. The other driver may have been injured and not killed. This driver's attempt to walk away may have contributed to the death directly.

In a recent case, a pedestrian was run over by a van. Instead of protecting the pedestrian, the van pulled to the side of the road. The driver, apparently unsure if he should stay, did not get out of his vehicle or even warn other motorists approaching. A second car ran over the victim. That driver stayed and called 911. The van driver fled. Had the van driver stayed, the pedestrian might have survived.

Penalty for fleeing the scene should be severe, as should causing a police chase for many miles. Until we set the bar high, and assure someone that fleeing is severely punished, giving them pause, drivers will flee. Why? I can only surmise, the loss of all moral obligation to do the right thing.

If you have been a victim of an accident such as this or a hit and run, call a Orange County accident and Personal Injury attorney for a free consultation. Call 1 888 752-7474

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Laguna Canyon road is one of the most beautiful country roads here in Orange County California, but a stretch of road known to most Orange County personal injury attorneys. However last week, it was nightmare for one man from Mission Viejo.

Although the identity of the man is still not known, we do know, from the Laguna Beach police officers that responded, that the man was traveling southbound on the road when apparently he missed a turn in his Toyota Tundra truck and lost control of his vehicle. When the police arrived they found the victim lying on the divider of the road with significant head trauma and many broken bones.

Currently an accident investigation is taking place to discover the reason for the accident. Recently it had been raining, so slick roads could have played a part. Was he wearing a seatbelt or could the seatbelt have malfunctioned? The truck had slid more than 400 feet and flipped. The man was thrown from the automobile. No other known vehicles were involved or were there witnesses?

In cases such as these with so many unanswered questions, you need an experienced personal injury lawyer that will do a thorough accident investigation into all aspects of the accident and get to the truth. Insurance companies have strong corporate legal council on their side and you need the best representation as well. even the widow of this poor gentleman may need help sorting our what really happened, and she like any person that needs assistance, can always call an experienced attorney to look at the circumstances and try to identify the cause of this unfortunate accident.

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A dropped cell phone led to the untimely death of young woman on a popular stretch of the 405 freeway in Orange County California on Valentine’s Day.

Gladis Zepeda was driving her Chevrolet Impala down the freeway near Fountain Valley when she suddenly dropped her cell phone. According to California Highway Patrol, as she was searching for her phone, her car swerved across lanes and then she slammed into the center divider.

Since the headlights had been damaged and it was nighttime, it was totally dark but, Zepeda got out of the car to inspect the damage. Apparently another car was traveling in the carpool lane and did not see her or the car and hit them at regular highway speed. Ms. Zepeda was pronounced dead at the scene.

Two passengers in Zepeda’s car as well as two passengers in the other car were taken to the hospital with moderate injuries. Distraction is a major cause of automobile accidents and in most cases, causes serious personal injuries.

While Ms. Zepeda could certainly be blamed for hitting the center divider and stalling on the freeway fast lanes, it is also of concern that the other driver could not see her vehicle and struck it without warning, braking or swerving. A thorough investigation by an accident attorney into that driver's activities at the time of the collision is also warranted.

Of course passengers are non-negligent and may have claims against both drivers. On many occasions we have successfully represented stranded motorists, and motorists approaching stranded vehicles, depending upon the investigation we conduct.

If you have been injured, you need an experienced California accident injury attorney to assist you through the maze of insurance companies, car repairs and doctor bills. Call us for a free consultation at 1 888 752-7474 for all your personal injury attorney needs.

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The Orange County grand jury this week indicted Jeffrey Woods for the wrongful death of 14-year old Danny Oates. Woods faces charges of driving under the influence causing bodily injury and death to this teen as well as felony vehicular manslaughter with gross negligence while under the influence.

The accident happened on Indianapolis and Everglades avenues in Huntington Beach. Allegedly Woods ran into the boy on his bike while he was riding his bicycle to school. Initial investigations reveal that Woods may have been texting on his cell phone, negotiating a drug deal, at the same time he hit the young boy. In addition, he is accused of being under the influence of Xanax and Vicodin, two drugs that impair your ability to drive responsibly.

Wood’s attorney argues that the cause of the crash was a seizure, not drugs that caused the crash. The trial is scheduled to begin this summer at the Orange County courthouse in Santa Ana. If he is found to be under the influence, this is another excample of needless death due to drunk driving.

If you have sustained a serious injury in a bicycle accident, or have been injured by a drunk driver, you need the expert advice of an experienced auto accident attorney. Don’t hesitate to call for a free consultation at any time at 1 888 752-7474.

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Posted In: Car Accidents , Injuries , Motorcycle Accidents

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The California Highway Patrol has just completed their investigation of the multiple car accident with personal injuries in Southern California over one year ago. This deadly truck crash set off a chain reaction that left 23 people with serious personal injuries and 3 people dead and with wrongful death claims, including a six year old boy.

The trucker, Jose Reyes was traveling at a high rate of speed and his truck’s brake system was considered “deficient” which led to losing control of his truck. Even though speeding and a cause of the accident, trucks are suppose to have excellent braking systems. Who is ultimately responsible for keeping the truck’s brake system operating correctly? Saia Motor Freight Line, Inc, and not Reyes who was responsible for the vehicle’s maintenance. Records and documents of brake maintenance are suppose to be kept by motor carriers, showing preventative maintenance performed on the truck. A tunnel was also involved. The California Department of Transportation did not have adequate lighting and hazard warning signs before and after entering the tunnel. If you did not have an attorney and waited for the police report before making a claim, you have waived your rights against the state of California.

When you have a complicated case such as this one with many cars, truck and people with serious injuries, you need a professional California truck accident attorney to handle all aspects of insurance negotiations, and filing appropriate paperwork and claims. The attorney can act as the liaison between the affected parties, the State and the CHP.

If you are injured in a car or truck accident and need an attorney, you need someone to handle all aspects of your case, protect your rights and make sure you recover your damages, while you recover from your personal injuries. Call us at 1 888 752-7474 for all your personal injury attorney needs.

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Last summer, Oscar-award winning actor Morgan Freeman was in a serious rollover accident in Mississippi. He sustained major serious injuries, but has since then fortunately recovered. But the information that was not well publicized was that Freeman had a passenger in the car with him that sustained personal injury as well.
Demaris Meyer was Freeman’s companion that night when they were dining with friends at a nearby country club. On the way home the automobile somehow flipped over and Demaris had personal injuries including broken bones, cuts, bruises and memory loss. She has retained personal injury attorney Gloria Allred to represent her in her federal lawsuit against Freeman.
Her claim seeks money for her injuries as well as clearing rumors and innuendo that she was the reason for the actor’s recent marital problems. She wants to clear her name regarding any speculation on why she was in the car with him.
Her attorney refused to speculate on whether the insurance company had already settled her claim and how much she was seeking for loss of work time because of her injuries.
Have you been a passenger in a recent automobile accident? If so, you need to know your rights as to what types of coverage you qualify for. Seek the advice of an experienced personal injury attorney immediately.

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Should sports athletes really be pursued so aggressively for illegal drug use? I say let's treat them with the same standards that we apply to personal injury victims, The victim and the athlete have an opportunity to be compensated by the public (you and I pay insurance premiums for accident victims), because society places a value on your circumstance. While one is an entertainer, and one suffers peril, we never-the-less pay to both of them. However, each must be honest to get paid and each must not try to cheat the system. Otherwise, we lose trust of that system and remove the rewards. Let's see if I am on the
right path.

In an LA Times article, STRIKING OUT IN STEROID DEBATE, by Michael Hiltzik, March 2, 2009, he makes several good points about the unfair prosecution of steroid users in professional sports. The overall point however is a little misguided. He states, "Unless we define with clarity what's acceptable and what's not, and unless we demand from our police the same pristine integrity we demand of our targets, sports will never be free of doping issues."

On his first point, every athlete, especially in baseball, knows what is legal, and what is not appropriate enhancement and frowned upon by the public. That is why baseball promised anonymity, when baseball was asking for blood samples to determine if they needed a formal drug policy. Otherwise, no one would care about giving a blood sample, even A-rod.

A personal injury victim is also asked to be honest, and forthright about their injuries and damages, wage loss and past history of injury. This allows us to trust their claim with a minimum of oversight. But when the process becomes a game of hide and seek, we, the public, get fed up. If you lie, hide, try to act like you did not know, or deny the truth in an effort to get more than you deserve, whether you are a victim in a truck or auto accident, you cheated, and the punishment is severe and quick. In personal injury cases, benefits are taken away. Juries are even known to get so revolted that they actually may not award anything to the accident victim. Do not try to cheat the public trust and grace. I guess the same can be said of bank bailout money as well.

It seems reasonable that the same standard should be applied to professional athletes. If you are lying, cheating, hiding and doing things you inherently know to be wrong, to get more than you deserve, you too should be punished, severely. Take away your titles, awards, and your contracts our grace gives you. Even if the penalty is more severe than you really deserve, that is the price you pay for loss of our trust. After all the professional athlete is no more deserving, and in fact less deserving, than an accident victim.

As in personal injury cases, professional sports will eradicate the sport of illegal drug use, not by rules and lawyers, but by public penalty and ridicule. The athlete will not want to pay that price if it is severe enough, and the sport will move forward fairly, and in our continued grace.

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All 50 states are looking forward to funding highway and local municipality projects thanks to the recently passed federal stimulus bill. Most states will receive money to upgrade roads, bridges and various other municipal projects to hopefully make our lives a little safer.

A recent study on the most deadly highways in America ranked 4 of the top ten deadliest roads right here in Southern California. One surprising fact is that these are all interstate highways. Normal expectations are that deadly road accidents involve rural, windy country roads, and while they are dangerous also, these highways are dangerous for a variety of reasons.

I-15 in San Bernardino County was ranked #1 in fatalities during the last five years, and our experience in representing victims of this stretch of road is the same. Ironically, it is dangerous because it is so straight and wide that it is implicated in so many accidents since many drivers fall asleep driving on it. Additionally, alcohol is a factor since this is the major thoroughfare between Southern California and Las Vegas. If you need to consult with a California accident attorney, chose to do so sooner rather than later, so that evidence can be preserved.

I-10 in Riverside County, I-5 in Los Angeles County and I-5 in San Diego County all placed in the top ten. Whether you are driving on local roads or large interstates, keep your focus to avoid any personal injuries or accidents. Of course if you have been a victim of such a collision contact an attorney that specializes is personal injuries in California to protect and preserve your rights.

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Funeral services for two local Mission Viejo young men were held last week. Families of the two young men are obviously devastated at their loss. No parent should have to bury their children, and for these families, it is especially heartbreaking since both young men, Alexander Hugard and Andrew Gorum, both were attending Saddleback College in Orange County and had their whole lives ahead of them.

The two young men were killed instantly when their vehicle left the road and hit a eucalyptus tree early one morning. The weather was wet and the roads were slippery.

Unfortunately, the winter weather here in Orange County seems to come all at once. The California Highway Patrol was also busy with many other accidents last week due to the heavy rains.

In the above case, according to OC officials and an independent witness, the boys were traveling at a high rate of speed. Although the Orange County Sheriff’s office is still investigating this accident, they feel many of these factors were involved. We always recommend that an accident be investigated by a competent attorney, and such investigations can be done without cost to you, because the truth is sometimes obscured by the police in their investigations. See our article on police bias for instance. If you were involved in an accident, don’t hesitate to contact a California personal injury attorney.

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Many clients ask us how we maximize the results in our settlement and trial of cases. To be an effective advocate, it not only takes a thorough investigation into how an accident occurs, but also the ability to simplify, but with detail, the nature of injuries that have been sustained. As an Orange County accident attorney, we have on numerous occasions had to present complex injuries in a believable and understandable way to Orange County juries.

Take the example of a client that had sustained a serious complication to a simple surgery called reflex sympathetic dystrophy. This disease affects the autonomic nervous system and in the case of our client, caused her hand to turn blue and loose blood flow. This is not a disease that a typical juror may have come across in their lifetime. Therefore it is important to take the time to describe the specific injury, and what causes that injury, before you attempt to present your case value.

Taking the time to explain the cause of reflex sympathetic dystrophy took more than 3 1/2 hours of expert testimony. But, even before the jury had heard from the expert, a competent accident attorney will make sure, in opening statement, that jurors were very familiar with the causes and complications of the disease. New attorneys are sometimes afraid to discuss evidence to be submitted, because either they do not understand it, rely too heavily on the expert or simply want to avoid an objection. However, it is important for that accident attorney to have developed a working knowledge with the expert, so that it can be presented properly.

As an Orange County accident attorney for over 24 years, I have found that the more time that is taken to explain injury, the details of her surgery, the nature of the disability, and expertise required to correct the problem, the more likely the jury will award a significant settlement amount. But more to the point, many Orange County accident attorneys assume that insurance company adjusters understand the complications of injury and the need for surgery. I have seen demand letters from other attorneys that do not go to the necessary detail to explain the type of injuries sustained and why this injury caused extraordinary pain, disability or subsequent complications. Many demand letters I have reviewed don't address future medical expenses likely to be incurred, or the complications associated with arthritic changes. I have even seen demand letters where a complicated cervical fusion procedure has been described in one sentence, as if the insurance adjuster understands what was done by simply mentioning cervical surgery. This is the sign of an inexperienced accident attorney and one that does little in their practice as a personal injury attorney.

A qualified Orange County motorcycle accident attorney will take the time to know your case, understand how your motorcycle injuries came about, or how that truck accident caused you unique symptoms, and will advocate for the maximum settlement based on factual understanding of the injuries and damages that were sustained. While it sounds simple to do, the truth is that the ordinary person, untrained in review of medical records, can and will miss the detail and subtle quotations by doctors and nurses, and lacks the investigative efforts to uncover the procedure’s complications.

We hope that you will consider our firm for your case if you want to maximize recovery to you. Please call us for a free consultation at 1-888-752-7474.

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In a recent prominent attorney journal, a well-written article describes the dangers of roadway drop-off. This article of course underscores our complaints about the condition of Ortega Highway, which has caused a number of auto accidents, motorcycle and truck accidents in Orange County California.

As an Orange County personal injury and truck accident attorney, we have, on a number of occasions, written about dangerous drop-offs and represented clients for such road conditions. Unfortunately, little has been done to correct obvious defects in our more rural roads and narrow highways.

In the article for TRIAL February 2009, a Pennsylvania driver traveling on a state highway experienced an asphalt to shoulder drop off of 6 inches next to newly asphalt highway. The driver traveled on the shoulder for 1.5 seconds before over-steering the vehicle back onto the road. Unfortunately she over-steered, causing her to strike trees on the other side of the road.

For those of you who do not know what a drop-off is, it represents a difference in elevation between the roadway surface and the shoulder, usually dirt. When the vehicle is traveling on the roadway surface and the right side tires encounter the off, the natural tendency of the driver is to over-steer in an attempt to regain control of the vehicle and remain on the highway. Unfortunately all too often, the over-steer maneuver causes the vehicle to lose control and collide with objects on the side of the road, or that are traveling in the opposite direction of travel. The result is usually a horrendous auto accident and injuries. Our office represents such a victim who was killed on Ortega Highway in 2008. As he was rounding a curve in the road he also encountered a significant drop-off causing him to over-steer inexplicably steer into oncoming traffic where he was killed.

We have made claims to the state and local agencies but no resolution of this case has taken place yet. Here are some well thought out recommendations given by the article, which mirror our experience as well.

First identify the cause of the drop-off. There are ample explanations for the creation of drop-offs. Excellent investigation always aids in a successful conclusion. In the article's example, the roadway had just been resurfaced but no attention was paid to the shoulder. In our client's case, the drop-off was due to improper care on the part of the state agencies, over use of the roadway surface, rainstorms and significant large truck tread impaction.

Second and equally important, the accident victim should contact an Orange County personal injury attorney immediately to take steps to preserve the condition of the scene. Photographs of the scene, the condition experienced by the driver, and other areas showing wear, are necessary for experts to conduct their calculations and examinations.

Lastly it is important to gather crash statistics at the location scene, and on the highway. Crash statistics may prove noticed to the governmental agency that work needed to be done at the scene. This is by far the most difficult portion of proof.

Roadway drop-off is a serious condition likely to cause additional injury unless addressed by roadway crews. If you have witnessed an accident caused by roadway drop-off on Ortega Highway we want to hear from you. You may very well be able to aid us in the successful prosecution of the case we've mentioned in this article. Please call us at 1-888-752-7474.

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In an unusual truck accident that occurred in Georgia, a 22-year-old driver struck the rear of a tractor-trailer that had entered the highway from an emergency Lane. As we all know, trucks pulling onto a roadway require some distance to get up to freeway speed.

In this collision, the truck made little effort to gain speed before pulling into oncoming traffic. The driver, unable to avoid the collision, struck the rear of the tractor-trailer causing his death.

In wrongful death claims such as this, truck companies will frequently argue that it is the inattention of the driver that caused the collision and not the negligence of their driver. Fortunately in this case, the attorney was able to persuade the insurer of the trucking company to pay their policy limits of $2 million.

In California, truck operators are required to be properly trained in the manner of entering or departing from freeways. It is a truck operator's responsibility to make sure that oncoming traffic is not impeded by their entry onto the freeway. A California truck accident lawyer will help identify the laws and reasons why a truck company should be responsible, even if the decedent rear ended the truck.

Personal injury attorneys do not specialize in truck accidents and do not know the unique requirements of truck driver duties in the operation of vehicles with large mass. Therefore when you have been involved in a truck accident it is always better to consult with the California truck accident lawyer that specializes in this area of law rather than an attorney even that specializes in personal injury but has little or no truck accident experience.

Feel free to always consult our office for free at 188-752-7474 or contact us for your truck accident needs.

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On May 4th, 2007, Chris and Lori Coble’s lives were turned upside down by the untimely, tragic death of their three children. Returning home from celebrating their son’s 5th birthday party celebration, a semi truck crashed into the family’s min-van, causing serious personal injuries to Lori and her mother, and killing Kyle, Katie and Emma Coble.
Truck driver Jorge Miguel Romero pleaded no contest and was sentenced for misdemeanor vehicular manslaughter this week in Newport Beach. He received a sentence of one year in prison and 5 year’s probation for the deaths of three Coble children in 2007. Lori Coble sat in the courtroom silently crying as the sentence was handed down. This brings partial closure to this chapter of their lives but they continue to turn their grief to action by demanding changes within the trucking industry as well as lobbying changes to Caltrans projects here in Orange County that have been seriously delayed.
The truck driver admitted to negligence because, at the time of the accident, he was on his cell phone checking for messages and this was a major distraction while driving this busy section of Interstate 5 freeway near Mission Viejo. In addition he had falsified his work log and had been overtired as so many commercial drivers are and did not keep the appropriate car length distance as is required by law.
The Cobles are currently busy pushing for changes within the trucking industry as well as taking care of their new triplets that were born last May. Yes, their new triplets were born in May of 2008—almost a year after the horrific accident that took the lives of their first three children. They now have 2 daughters and a son, once again!

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Today in San Clemente California on the I 5 freeway and accident was reported at 12:30 PM apparently a vehicle rolled over several times and the cause of a rollover is unknown. However because of the recent rains and excess of moisture on the roadway, it is thought the accident may be related to an out-of-control vehicle

This accident is a reminder that during rainy season in Southern California we are not used to driving on such wet roads. While the rest of the nation deals with whether routinely, drivers in Southern California seem to have an increased propensity for accidents under such conditions. The best you can do is to drive defensively to avoid these people and the possible injury they may cause. If you have been involved in an accident because of the negligence of another please do not hesitate to call a qualified Orange County California personal injury lawyer. We can obtain a recovery that will compensate you for your property damage, personal injury, pain and suffering and medical expenses. Call us at 1 888 752-7474.

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The military offers health insurance to their personnel. If that person is injured on the roadway while not on duty, they are covered. However, federal rules require reimbursement of the amount paid if the victim recovers from the negligent third party. What about the circumstance of not enough insurance, or no insurance? Of course if there is no insurance, there is no point in prosecuting a negligent person if they cannot pay a huge judgment, since the Navy gets paid first.

But look at when someone has insurance. Take my recent client who was injured severely in an accident. The defendant had only $100,000 of insurance and no house, no car and no other means of paying for a judgment. The policy was offered, but the Navy has to be reimbursed, $98,000. So what to do.

The Judge Advocate will allow a waiver of the lien in extreme cases. So we are in the lengthy process of asking for that waiver. While we have been successful in most cases such as this, it still is long and hard to get a waiver. It is also not for the weak of heart or a non professional. As this case unfolds, I hope for good news for this client. I will keep posting on this one.

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The Insurance Institute for Highway Safety performs yearly test to authenticate safety ratings for all class of cars. It is an independent, non-profit agency that tests automobiles for safety during specific crashes. At the end of year 2008, the IIHS presented their report for the 2009 recipients of the Top Safety Pick Awards. This year there were 72 winners, more than double the winners in 2008 and triple the winners in 2007. The car manufacturers are getting the message that we, the consumer are expecting safer cars to be built.

The top safety pick tests a variety of automobiles, including large, midsize, convertible, small and mini cars. In addition they test minivans, SUV’s; large, midsize and small as well as small and large pick-ups. For the first time ever, winners represented every category of car. Testing cars is important but at the IIHS, they actually test vehicles according to the most common kinds of serious personal injuries and fatal crashes.

Three quarters of the 28,896 vehicle occupants who died in 2007 as passengers were from front and side impact fatal crashes. Rear end crashes, which are usually not fatal, result in two thirds of all insurance claims for injuries in all kinds of crashes. These three type of crash test; front, side and rear are performed on all of the cars.

Honda, Acura and Subaru were the big winners for 2009, due in part that they had a winner in each category. The only big loser was Chrysler which had no winners in any category. For a complete list of cars, visit www.iihs.org for full details on models, crash tests and evaluations.

If you’re lucky enough to be purchasing a new car this year, then how do you pick which car is the safest? Expert agree that first you must choose the category of car you need and then pick one with electronic stability control, (ESC), and antilock brakes—the two best safety features you can have on your car. However, ultimately the one feature that can save more lives is the simple seatbelt!

ESC was mandatory for the first time in 2009 models that were under 10,000 lbs and it is being compared to the affect that seat belts had when they were first regulated. By 2012, ESC will be standard on all vehicles. What exactly is it and has does it work to make you and family safer from personal injury?

ESC uses a computer linked to a series of sensors—detecting wheel speed, sideways motion and steering angle. If the car starts to drift, the stability control system momentarily brakes one or more wheels and then reduces engine power to keep the car on course.

For a cost of $111 per vehicle, this technology will save between 5,300 and 9.600 lives annually and prevent 168,000 and 238,000 personal injuries. Not a bad return for the auto makers!
If you have been injured in any type of automobile accident, you need guidance through this difficult process. From getting your car fixed, picking a specialty doctor for your healing and settling claims with your insurance company—all of this can be accessed through a professional personal injury attorney. But not just any attorney, pick an experienced attorney. Call Jim Ballidis at Allen, Flatt, Ballidis and Leslie for a personal consultation.

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Although Orange County’s hospitals have a good reputation, medical errors are still causing personal injury and death to many people here. Imagine waking up from your surgery to find out that they operated on the wrong knee? Left you with a staph infection? Left instruments and sponges inside you? It’s hard to believe but it is happening, and unfortunately, at an increasing rate.
California Department of Public Health, the agency that oversees proper health care and hospital conformity recently released the list of hospitals that received penalties due to non compliance and these actions were deemed likely to cause serious injury or death to their patients.
Of the 18 California hospitals fined, 15 were in Southern California and of those 15, 6 were in Orange County. Hospitals like Hoag Memorial in Newport Beach, Los Alamitos, Fountain Valley Regional, Anaheim General, and Coastal Communities. These hospitals had performed wrong procedures, left sponges inside patients, gave incorrect medications, etc.
Preventable deaths in America rose 3% to a staggering 247,662 deaths in 2005. The cost to hospitals is 8.6 billion but the cost to patients is unforgiveable. Currently, patient safety incidence that were most common were post operative sepsis, or simply an infection that has developed after surgery(35%), post operative respiratory failure (19%), and other infections (13%).
According to a study by Health Grades, California ranks 42nd in the country according to incidences, injuries and other issues facing its hospitals. So what is a patient to do when they learn they must have a procedure done in a nearby OC hospital? Fortunately there are some online resources that can assist you in making an informed decision.
One great website that compares hospitals in your area is the U.S. Department of Health and Human Service, HHS at www.hospitalcompare.hhs.gov/ .Just place your zip code, city or county in the search box and you will receive a listing of hospitals within a 25 or 50 mile radius of your home. Then click three hospitals to compare. You will receive information such as quality of nursing care and responsiveness to heart attack protocol and proper antibiotics given for pneumonia.
For a more comprehensive hospital check you can visit the fee-based Health Grades. For example, let’s say you are going into the hospital for a hip replacement. Studies have shown that the hospital that does procedures on more frequent basis tend to do a better job. Surf over to www.healthgrades.com and search under “hospital ratings”. Then check off what procedure you will be having done and then your county. You will receive a comprehensive list of the hospitals in your area to compare where the best place for you to have this done. Additionally you will find out which hospital has the best success rate!
While you’re visiting Health Grades, don’t forget to check out your doctor as well. How many malpractice suits has he or she been involved in? Any sanctions with a hospital or medical board? Remember, your healthcare is IN YOUR hands.
Have you been injured due to a medical error or have a loved one that has died due to the negligence of a hospital or doctor? You probably have lots of question, so why not call the experts who will advise you of your rights and possible options. Call the expert personal injury attorneys at Allen, Flatt, Ballidis and Leslie today.

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A New Year is always an exciting new beginning but it also a time to find out about new laws that become effective and avoid new fines and fees. New California laws are no different and in fact, California leads the way with some important motorist rules that may reduce personal injury when using your vehicle. Here are three to be aware of:

1. Effective January 1, 2009, senate bill 28 will ban ALL text-based communication, including instant messaging and email. California drivers can’t send, receive or read text messages while driving. Period. Cell phone use while driving in California is already banned, except for hands free devices. There will be a $76 fine for your first offense and $190 for all subsequent offenses, depending on the county you are driving in. Additionally, don’t think that just because you’re at a stoplight this gets you off the hook. Anytime you are operating a vehicle a police officer can give you a citation.

A new study by University of Utah psychologists recently concluded that cell phones, whether hand-held or hands free, are a distraction to the driver. They compared the differences between normal conversations within a car to talking with friends over a device. The cell phone users were more likely to drift in their lane, not keep appropriate car length distance and missed their intended exits. In previous studies, they were able to compare motorist’s judgment levels revealing that they were no differences between normal cell phone driving and having 0.08 percent blood alcohol level.

California is the 6th state to enact stricter driving laws regarding electronic devices and hopefully we will see a decrease in the coming years of serious personal injuries.

2. California state law now requires that if you smoke in your automobile, you may not transport a minor child as a passenger. Even if you are stopped by the side of the road, you will be cited for this violation.

Distractions are a big cause of injury accidents, and smoking is just one of many distractions that keep driver’s focus away from their duty as a driver. Along with music, eating, and talking, smoking is a major distraction that can take away your attention in various driving situations.

3. If you are one of the over 200,000 persons in the state of California that had a DUI arrest last year, then be aware of this next new law. If you are caught a second time with a blood alcohol level of 0.01%, the law enforcement authorities will automatically suspend your license for 12 months AND immediately impound your car.

In 2007, 28,987 Californians were injured in alcohol-related accidents and 1,616 were killed. The estimated cost per injured survivor of an alcohol-related crash averaged $115,000. Orange County has about 20% of the states personal injury accidents involving alcohol. Cities with the most crashes included Costa Mesa, Orange, Newport Beach, Santa Ana and Anaheim. It is never safe to drink and drive and now the laws are getting tougher on the first and second time offenders.

Lastly, these are just a few of the new laws that became effective on January 1, 2009. For a complete list, visit www.aaa.com

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If you’ve driven the freeways around Orange County lately, you’ve probably noticed that most of the Caltrans signs that reads “'Report Drunk Drivers. Call 911’. The Office of Traffic Safety (OTS) has received a 4 million dollar grant to assist 103 local California communities with special holiday DUI enforcement efforts. The reason is clear- each year over 17,000 people are killed in drunken driving crashes. An alcohol-related crash kills someone every 31 minutes and injures people every two minutes.

December is National Drunk and Drugged Prevention Month. Most drinking and driving unfortunately goes undetected with no consequences. In 2006 nearly 1.4 million drivers were arrested for suspicion of DUI, but that’s less than 1% of the 159 million Americans that admit to drinking under the influence. Unfortunately at this time of year, 50% of all crashes that occur on New Year’s Eve are alcohol related. That’s why it s a problem both here in Orange County and throughout California.

Just last week, the Automobile Club of Southern California came out with staggering new DUI statistics involving women. Since 1998, the number of women in California, aged 21-24 that have been involved in alcohol-related injury collisions is up a whopping 116%. For men the injury accidents were up just 39%, but that still means a lot of California drivers involved with DUI.
Another disturbing California trend was women who were killed or injured in this same type of DUI crash. The facts show a 46% increase of severe injuries or death. These are disturbing figures that leave analysts puzzled. Are young women emulating trendy stars like Paris Hilton and Lindsay Lohan? Are women just drinking more and not making coherent choices? No one knows, but now women are starting to drink at younger and younger ages and now more young girls are becoming addicted to alcohol.

This holiday season, there will be more checkpoints than ever. These DUI checks will cover Orange County from Huntington Beach to San Clemente. There is a growing trend of coastal cities being hotspots for social drinking, so in turn, that’s where a majority of the checkpoints will be.

Already this holiday season, we have had several DUI accidents here in Orange County, and one unfortunate wrongful death. The accident happened on the 55 freeway near Orange. A drunk driver slammed into the back of another car at over 85 mph and killed the other driver instantly. The drunk tried to flee the scene but was eventually caught by the California Highway Patrol.
Last year, Governor Schwarzenneger signed a bill that would strengthen the law against first time DUI offenders. The bill requires everyone getting a driver's license to sign a statement indicating they know that driving under the influence is dangerous and could result in death. The statement goes on to read that if they choose to drive impaired and kill a person, they understand they can be charged with murder. The bill had the backing of Mother’s Against Drunk Driving (MADD), the California Highway Patrol (CHP) and the AAA.
In the state of California, to be arrested for drunken driving means your blood alcohol content or BAC must be at level 08. Basically, this is just a figure that represents the percentage of alcohol that is present in the body.

If you or a loved one has been injured in alcohol-related personal injury case, don’t hesitate to contact an experienced attorney immediately.

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This morning, I woke up to hear of an accident on the 5 freeway, a big rig from Smart and Final that had crossed the center divider and struck cars in oncoming traffic. Also this is the third or fourth accident I have seen or heard of involving a big rig in 4 days. If you drive the freeways, you also have seen in the last four days, as I have, multiple serious auto accidents on the roadway.

In most parts of the country, drivers face rainy day driving without incident. There are less accidents in those cities and States than in ours. Why is that.

If my experience is anything like yours, the answer is simply stupidity. As I was returning from the office Monday in the rainy weather, I noted several drivers traveling at speeds that are normal for our freeways on dry sunny days. Weaving in and out of traffic and hugging the rear of the driver ahead, I could not help think that this was an accident waiting to happen. On an oil slick road, in inclement weather, why are they not thinking it would be safer to travel a little more cautiously?

Truck drivers are equally faulty. Stopping distances are greatly increased by roadway moisture, and oil that accumulates from cars all year long, Our roadway surface is like ice on our first rains. A big rig, that runs into and over a center divider, is simply traveling too fast for the conditions of the day. Unfortunately if you are at the wrong place at the wrong time, you will be a victim of this stupidity.

Please let us help if you are in a truck or car accident this winter. We can help you. We will make sure that you receive good quality medical care, your car is repaired properly, your wage loss is recovered and that this is done with the least amount of hassle to you. Call us for all your legal needs at 1 888 752-7474, In the mean time, do as I do, just shake your head and stay clear if you see these idiots on the road.

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According to the California Highway Patrol, CHP, there were 9,501 vehicles stolen in Orange County last year. Even though that is a 13 % drop from year 2006, we still lie in a dangerous area for carjacking and car theft. The National Insurance Crime Bureau list California as the leading state for car thefts.

Metropolitan Statistical Area (MSA) is a cluster of cities located in a geographical area. Orange County is included in the Los Angeles-Long Beach-Santa Ana MSA and we have more car thefts than any other MSA in the country. Second are the San Francisco-Oakland MSA and other California cities rank in the top 20. We live in a dangerous theft area and some thieves are so bold that they take your car while you’re still inside- carjacking!

Just a couple of weeks ago, there was another carjacking in the city of Costa Mesa. A young woman who is an employee of the Old Navy store near Bristol was ambushed while going to work. Her Honda Civic was stolen and later was involved in an automobile accident.
Honda Civic? Not exactly the “hot car” you would think car thieves would be after, but actually the 1995 Honda Civic is the most stolen car in all of the United States. Here in California, the most stolen cars are, in order of top rankings: Honda Accord, Civic, Toyota Camry, Acura Integra, Nissan Sentra, Toyota corolla/ pickup and Ford and Chevy’s pick-ups.
Carjacking usually take place in industrialized areas within 5 miles of the person’s home. Shopping centers, gas stations, car washes, convenience stores, ATM machines are among the many spots that thief’s stake out their victims. 92% of all carjacking involve some type of weapon and around one third of all victims experience some type of personal injury.
One popular carjacking scenario is bumping your car from behind. As you pull off to the side to exchange information, another accomplice, usually a “good Samaritan” steals your automobile. Carjackers almost always work in pairs so beware. Another typical ploy is at a stoplight or signal, they will jump out of another vehicle and enter your car on the passenger side or remove you from the driver’s side. This all takes place quickly so being alert is vital.

The best way to avoid being a victim is of course to stay focused on your surroundings. Keep your doors locked and if you go shopping at night, park under well lighted areas. Don’t park between two cars that are larger than yours as this is an easy way robber’s steal without being seen. Lastly, don’t try to struggle with them. They are pumped up on adrenaline and ready to steal your car.

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Local authorities here in Orange County have been busy acquiring grants from the Office of Traffic Safety to expand their safe driving policies including adding more checkpoints and public education programs. Several cities including Costa Mesa and Newport Beach have been Orange County leaders in enforcing laws to prevent intoxicated drivers from driving our local streets and possibly causing serious personal injury to other drivers. We are now entering the holiday driving season and increase probabilities of experiencing an incident with a drunk driver.

Every 31 minutes someone is killed in an alcohol-related accident. In fact Americans who drink and drive after holiday parties and celebrations make the period between Thanksgiving and New Year’s one of the year’s most deadly and dangerous seasons due to alcohol-related crashes. This is a main reason why since 1981, every President of the United States has demonstrated his commitment to preventing impaired driving by proclaiming December as National Drunk and Drugged Driving Prevention Month

Recent studies by the Center for Disease Control, CDC back up the claim that sobriety checkpoints during the holiday season do work and in fact, in communities where they have checkpoints, alcohol-related injury crashes are down 24%. A spokesman for the Costa mesa Police Department said that DUI’s are down significantly this year.

According to California statistics, each year nearly 130,000 persons are arrested for driving under the influence or DUI. Of those, only small percentages are repeat offenders. Actually most alcohol-impaired drivers-a whopping 80%-are actually binge drinkers. Although many people believe that only college student are binge drinkers, but this type of drinking is also prevalent with older adults as well.

A fairly new tool California and many other states are using is the ignition interlock device. Basically it is attached to your car and you must breathe into it to start your car. If the machine detects alcohol, it won't start. Once underway, the driver must continue to breathe into the machine to ensure uninhibited driving. Should it detect alcohol at any point, the car's alarm system will activate to notify police, and in some newer cases the car's engine may even shut down automatically.

A DUI arrest in the State of California means automatic suspension of your license; impound of your car, higher insurance and maybe some jail time. It’s just not worth the aggravation. If you are convicted, it is mandatory that your car will have some type of ignition interlock device placed in your automobile. Not exactly the “added feature” one would like in the car.
If you are involved in an injury auto accident involving alcohol or not, don’t hesitate to contact a professional law firm such as Allen, Flatt, Ballidis and Leslie. Call us at 1 888 752-7474. We are experienced attorneys that will guide you through the maze of paperwork while you work on getting back on your feet.

Have a Happy Holiday season and remember to always designate a safe driver when attending a party of holiday function.

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Winter brings weather changes to our otherwise sunny California. In Orange County, early morning dense fog along the coastline starts appearing during the morning commute and in the inland valleys, Tule fog can develop without warning. Tule fog is technically radiation fog, but whatever you want to call it, various types of fogs are responsible for motor vehicle accidents at this time of the year.

Last year there was a massive 100 car pile-up in California’s Central Valley due to heavy fog. Within an hour’s time, the visual distance while driving went from 2 miles to about 200 feet. Dozens were injured and two people died in this tragedy. This week, a judge sentenced Morris Taylor, the driver most responsible for the pile-up, to one year in jail and three months probation. The main reason he didn’t receive more jail time was that the California Highway Patrol concluded that he was just one of many people speeding that day in the fog and there was plenty of blame to go around.

Last year in California there were over 951 injuries and 57 deaths due to fog-related auto accidents and over half of those incidences occurred over the November through March time period. Since many of these huge pile-ups occur because of excessive speeds, it is imperative to slow down. In many instances, fog can literally appear quite quickly.

In addition to slowing down, the San Joaquin Valley is setting up a new $12 million dollar fog alert system to expand their safety goals. This new system will include the use of weather stations, vehicle motion detectors, visibility sensors and closed-circuit cameras to monitor weather and traffic patterns. The new fog technologies are strategically placed along several miles of California Highway 99 and if all works well, all of the sensors and cameras should be integrated.

Once a problem is detected and fog begins to appear on the highway, the sensors will alert the cameras and then within 30 seconds, alert messages would soon appear on the giant message boards. The CHP and the community are hoping that this will prevent a huge car pile-up and prevent unnecessary personal injury. A similar system built in 1996 near Stockton, California helped reduce the number of crashes in that area by 70%.

Have you been injured in a weather-related automobile accident? If so, then you need to speak to a professional personal injury attorney as soon as you are able. A good attorney will assist you in the complicated ordeal of fixing your car, getting appropriate medical care and of course, dealing with your insurance company. You need a professional advisor on your side to worry about the details while you recover. Call us at 1 888 752-7474.

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Spinouts, SigAlerts and slick roads can only mean one thing in Orange County—we’ve received the first major rain storm of the season! We typically get our first rain in Southern California in November, on average, receiving little to no rain from April to October. However, after months of dirt and oil accumulation on the roads and so when it does rain, our roads become very dangerous for motorists and often contribute to serious personal injury accidents.

California Highway Patrol (CHP) estimates that car accidents typically double or triple during the rainy season in here in Southern California. The main reason is that people don’t alter their driving behaviors and keep driving as fast as they would normally drive. Slowing down and keeping more than the normal one car length for every ten miles and hour saves lives and keeps you safe. Here are also some tips to be aware of.

Skidding and Hydroplaning in rainy conditions are often the result of driving on wet roads. Skidding can be prevented by slowing down, especially on curves on transition roads and overpasses. These surfaces are often built at curving angles and may cause slipping and skidding issues for automobiles.

Besides driving more slowly, motorist must also be aware of driving through puddles too quickly. Yes, it’s always fun to watch the big spray of water coming from the car, but this can lead to water getting into the engine compartment and causing it to stall. If you do drive through an unexpected puddle, check that your brakes are working properly by tapping them gently a few times after you exit.

Lastly studies have shown that most motorist change their wiper blades every two to three years. Your wipers should be changed twice a year due to our extreme weather conditions. There’s nothing worse than driving in the rain and you turn on the wipers only to get see it shred in front of your eyes. Make sure tires are in good condition and are at the recommended inflation level. Driving with bald tires on a slippery surface is a major factor in skidding. Tires should have at least 1/32nd of an inch tread depth at any two adjacent grooves, the minimum allowable by law. Driving on tires that are over-inflated or under-inflated is also extremely dangerous on wet pavement.

If you have been injured in one of the hundreds of recent motor vehicle accidents during our recent rain storm, don’t hesitate to contact a personal injury attorney firm like Allen, Flatt, Ballidis & Leslie immediately. You can call us at 1 888 752-7474. Whether you are seeking help for a property damage issue, injuries or just inquiring on your legal rights, selecting the right firm can make all of the difference. Allen Flatt, Ballidis and Leslie has over 30 years experience serving the communities of Orange County, California. Call them today for a free consultation.

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Since 1884, Americans have been “falling back” to standard time at this time of year. The change was meant to produce energy savings for the country, but in reality, it usually leaves the average person feeling tired and fatigued. Studies have shown that there is a definite spike in pedestrian and motor vehicle accidents during the first two weeks following the Daylight Savings Time switch.

There are several recognized studies that conclude on average a 5-10% increase in motor vehicle accidents the week directly after the time change and twice as many auto accidents during the evening rush hour commute. In fact the Monday after the time change has a significant increase of accidents, most of them due to sleepiness. Shifting our circadian rhythm or biological clocks, it releases hormones that allow us to sleep more soundly. In reality, we are losing two hours of sleep; going to bed one hour later and two, we get up an hour earlier. No wonder we are more tired! The most affected individuals are traditional commuters. It will take the average person at least a week to change their “internal clock” back to where it should be.

Here in California, statewide crash analysis data confirms that there is an upward trend of motor vehicle crashes immediately following the clock change in fall. The peak day for accidents is Monday. Naturally drivers are commuting in the dark instead of the day light and that impact the driver’s reaction time. Statistically, accidents in California go down during the spring when we go back to Daylight Saving Time.

Pedestrian accidents are up a staggering 300% during the week after returning to standard time as well. Here in Orange County, more people than ever are utilizing public transportation due to high gas and vehicle maintenance costs. These types of accidents frequently cause serious personal injury and usually the person looses the battle between vehicles. If you typically walk during the early morning and evening hours, be extra cautious during the week following the time change.

Unfortunately, there is nothing you can do to improve your vision at night; in fact, one’s night vision deteriorates over time. For example, a 50-year-old needs about twice as much light to see after dark as a 30 year old. Even young people who otherwise see well often suffer from a condition called night myopia. This tends to be a factor in low-light or dark conditions. Experts advise drivers to reduce speed while night driving and be extra cautious for pedestrians or bicyclists that may not be readily visible.

Additionally, besides automobile safety, falling back to standard time is a good way to remember home safety as well. Many homes use this time of the year to check batteries in the smoke and carbon monoxide detectors. Also, check your fire extinguishers to be sure they are registering in the green zone.

Finally, if you have sustained any type of personal injury in this type or any type of accident, contact one the best law firms in Orange County, Allen, Flatt, Ballidis and Leslie. Call us at 1 888 752-7474 if you need advice on an accident caused by a driver described herein.

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Street racing has been a part of America’s pop culture for decades. Movies like “Grease”, “Rebel without a Cause” and “The Fast and the Furious” have become legends. But would they have been as entertaining if passengers were ejected from the cars, if they hit innocent pedestrian or the car exploded upon impact? A new Liberty Mutual/ SADD (Students against Destructive Decisions) study just came out with some shocking statistics regarding illegal street racing. Between 2001 and 2006, 804 fatalities were reported by the National Highway Traffic Safety Administration, NHTSA.

Southern California has a serious problem with illegal street racing and now is passing tougher penalties for violations. If convicted for street racing, you automatically will face prison time up to 6 months and a $1000 fine. If someone is injured, you could face several years in prison for manslaughter.

A recent high profile case here in Orange County involved a young man, Ahmed Dakhil, who was street racing in Fountain Valley. His vehicle hit another car, killing a young 10 year old girl and causing serious injuries to the rest of the cars’ occupants. He was later sentenced to six years in prison for vehicular manslaughter. Dakhil had four prior speeding citations.
Another recent incident involved two brothers from Anaheim travelling down Santa Ana Canyon road. They were travelling through one of Orange County’s pretty, but windy country roads at over 90mph. The driver, Justin Simpkins died at the scene when his car veered off the road and hit a telephone pole. His brother was “luckier”. He flew out of the vehicle and had serious injuries but was expected to live.

Both of the above cases involved young men with bright futures. Would anything have stopped them from racing? In fact the above SADD study concluded that in most cases, a driver would have slowed down if the passengers would have only spoken up. Fifty percent of passengers do speak up but that leaves 50% that do not. Teen friends have more influence than they think and it’s important to not “go along with the crowd”. Most racers, 73% admitted that they knew the behavior was dangerous but because of peer pressure, continued on. In this study, teens said they would stop racing, speeding, texting and talk on their cell phones, only they were never asked to do so. Young adults need to have some accountability for their actions, but their friends need to speak up as well.

A few other tactics are working well to reduce illegal street racing and serious injuries. One is RaceLegal, which runs programs here in California and throughout the country, facilitates programs to allow street racers to get their adrenaline rush safely through government grants to communities. These communities are actually allowing “legal racing” in stadiums for a small fee. Other cities such as Ontario, California will actually crush impounded cars that are caught involved in illegal street racing. These strategies seem to be working in their respective communities as a deterrent.

If you have been injured due to the negligence of a speeding driver, or in fact any type of car accident, you probably have a lot of questions. Allen, Flatt, Ballidis and Leslie offer a free consultation and will answer your questions thoroughly and with professional expertise. Their group of personal injury attorneys has years of experience to save you time and frustration. Call us at 1 888 752-7474 for a consultation. We have represented clients in some of the most horrific accidents caused by street racing in Orange County California.

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After that terrifying day last year when we saw the I-35 bridge collapse over the Mississippi River, most of us will still think twice when we drive over a bridge. The safety cameras caught the horrifying moments on tape as we saw the bridge and cars crumble like a toy building block structure. These commuters didn’t have a chance once the domino effect of this structurally deficient bridge began to fall down. On that day over 100 vehicles were involved with over 145 serious personal injuries, and tragically, 13 people were killed.

This year state lawmakers have finally approved a compensation fund for victims of this tragic accident. The state has set up a 38 million fund to be divided between the accident survivors and families affected by the injury accident. For those injured, there was a negotiated settlement that allowed for each victim to collect $400,000 in lieu of suing the state for their part of the liability. Additional monies are available for future medical expenditures for those with serious personal injuries.

Was this a good deal or not for the people involved? Have you been in a similar accident situation? All of these questions and more can only be answered by consulting with an experienced personal injury attorney. Obviously, the state will do what’s best for them and not necessarily what’s best for the injured people involved. You need someone on your side while you recover to protect your interests and if necessary, long-term care.

Still the thought remains, how could this happen and could it happen again? The answer is absolutely! There are over 75,000 “structurally deficient” bridges in the United States. In the case of the I-35 bridge, it had been inspected each year and had a deficient rating since 2001. Although the National Transportation Safety Board is winding up their investigation, it is clear that the steel truss design of the bridge was not sound. Presently, there are over 700 similarly- designed bridges throughout the country.

How about us here in Orange County and Southern California? Of the 24,128 Californian bridges, over 3,000 are designated as “structurally deficient” and close to 4,000 are considered obsolete. California has the 5th worst bridge problem in the country! Caltrans is trying to reassure the public, saying that the bridges would be closed if there was any imminent danger, but of course, that’s what the Minnesotan officials said as well.

Officials are concerned because some of the busiest bridges in Southern California are also the ones that are in the most urgent need of repair. Two of the bridges are along the 710 Freeway; the Oak Street Bridge and the Metrolink Bridge. Officials say both of the bridges will need to be replaced and are in some ways worse than the one that collapsed in Minnesota.

Orange County currently has 24 bridges classified as “structurally deficient”. Many more are obsolete. As defined, a structurally deficient bridge is closed or restricted to light vehicles because of its deteriorated structural components. While not necessarily unsafe, these bridges must have limits for speed and weight. A functionally obsolete bridge has older design features and, while it is not unsafe for all vehicles, it cannot safely accommodate current traffic volumes, and vehicle sizes and weights.

For a full list of bridges in your area that may have safety issues, go to the Orange County Register’s Bridge Safety Database and search on your city or street. It can be found at www.ocregister.com and search for “O.C. Bridge Safety”.

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Frequently while driving along any Orange County freeway you might see accident victims off to the side of the road or hear emergency vehicles on their way. Relieved? Although instinctively most of us would like to help our neighbor or person in need, sometimes we feel inadequate to render aid or just don’t want to get involved for fear of being sued or worse, get injured ourselves.

However, if we were the ones injured on the side of the road, of course we would be hoping someone would stop to lend us a hand. Fortunately, there are wonderful people here in California and elsewhere called “Good Samaritans”. They literally stop whatever they are doing and help with no thought to their own safety.

Just recently this year, a Fountain Valley man was traveling on a Southern California freeway and noticed a collision blocking lanes up ahead. He pulled to the side of the road to help. He was walking safely along the shoulder of the highway, but tragically, a car coming at a high rate of speed did not see the accident and then swerved to the shoulder and hit the man. He suffered major personal injury and was declared dead at the scene.

The California Good Samaritan Law is generally meant to protect lay people who help at any emergency scene. This could be a crime or any injury accident. As long as you help with no expectation of payment or reward, you will be immune from liability if you assist to the best of your ability. However, a recent ruling in March 2007 by the California Court of Appeal will change the Good Samaritan law regarding the expectation of “medical care” to the accident victim.

The case involved a woman, Alexandra Van Horn, who was a passenger in a car who ran into a light pole at 45 mph. A passenger in the car following her stopped at the accident scene to render assistance. She lifted her out of the wrecked automobile and as a result, Ms. Horn became a paraplegic. Even though court testimony was debated as to whether the accident or the lifting could have caused the paraplegia, the court ruled that the Good Samaritan liability shield did not protect her.

So what’s a Good Samaritan to do? Here are a couple rules of thumb to keep in mind.
The Good Samaritan law does not give you the license to act like a doctor. If you chose to stop and help, you should only help out in a way that reflects your prior training. If you’ve had first aid training and are CPR certified, great! Then you can help out in this way. If not, there are other things you can do at an accident scene to help. For example, talk to the people involved until help arrives, call 9-1-1, supply blankets for warmth to prevent shock, etc. The best way you can be a Good Samaritan is to offer assistance within your expertise experience.

If you have been involved in an automobile accident and don’t know where to turn, contact an experienced law firm such as Allen, Flatt, Ballidis and Leslie. Their professional team of law professionals will assist you through every step of this process and answer all of your questions.

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This week off the waters of Southern California, two bodies and a crushed boat were pulled from the Pacific Ocean. The man was identified as Henry Sanchez, the brother of two congresswomen from Orange County, and his girlfriend, Penny Avila. Although the investigation has just begun as to the cause of this horrific boating accident, questions are being raised as to the fault and negligence. Did the tug have the proper light sequence indicating that he was towing a barge, had the driver gone through boating safety classes to know what the lights meant?

In Californian there are close to one million boats of all types registered here in the golden state. Here in Orange County, we are blessed with year-round good facilities such as Newport Beach and Dana Point harbors. Tragically, California also has the highest vessel accident rate, usually involving serious personal injury. Although fatalities are down from last year, our injury rate and property damages have increased. There are a number of explanations as to why people get into boating accidents; excessive speed, inattention, reckless operation, and alcohol. Would mandatory safety classes really make boat owners safer? The state’s legislative arm is undecided.

There is currently much debate in the state capital to whether safety boating classes for all vessel owners would reduce accidents. Two years ago, Assemblyman Michael Duvall, R-Brea introduced new legislation, AB 1458, which has continuously stalled in Sacramento. The bill would require operators of motorized vessels to pass an examination and obtain a life-time certificate before they operate a vehicle. Currently there are safety courses available but they are taken on a voluntary basis. One factor in the legislation that doesn’t make sense is that they would not require people who rent boats to have such a certificate. These people are typically the least trained operators.

There are currently 33 other states that have mandatory class and/or licensing regulations and it has decreased injury and accident statistics significantly. In California, 86% of last years’ fatalities occurred on boat owners that had not taken any safety course. Although many people think that driving boat is similar to a car, it is not. They are many different lights, signs, rules of the waterway to learn. Over 40% of serious incidences with boats involve collisions with other boats. The one major factor that will save lives in boating accidents is the life jacket or personal flotation device (pfd). Two-thirds of all boating accident victims drowned and 90% of them did not wear life jackets. A good rule of thumb is to have a safety jacket for each person aboard your boat. As the owner of a boat, as is similar to owning a car, you are responsible for the well-being of your passengers.

If you have been injured in a boating accident, please don’t hesitate to call a professional personal injury attorney immediately. Let the experts handle the corporate battle while you recover from your injuries. Unless you have previous experience in these matters, you may lose out on your rights and compensation.

The California Department of Boating and Waterways publishes an excellent brochure entitled, “ABC’s of the California Boating law”. It is freely available from the website www.dbw.ca.gov/pubs/abc/. In addition, they offer a free home study course called, California Boating Safety. Call 916-263-1331 for more information.
There are also many free courses on boating safety offered by the local boating squadron near you. Call 1-888-FOR-USPS for more information.

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Orange County has some of the most beautiful country roads in the United States. The qualities that make a country road special; two lanes, winding roads, beautiful vistas and rural nature add to the nostalgic feeling of a Sunday drive. However, most of these roads are not maintained properly and they have a high rate of serious personal injury. Although rural roads carry only 28% of the countries cars, they are accountable for more than half of all fatal accidents.

Ortega Highway, California’s SR74, has been called one of the deadliest roads in Orange County, if not the country. The road connects the cities of Lake Elsinore and San Juan Capistrano via 30 miles of a narrow, winding road through the Santa Ana Mountains. Yes, it is scenic, but due to several years of faulty maintenance by the state of California, it has had over 16 fatalities last year and several serious personal injury accidents.

These types of accidents are often challenging due to the complexity of the case and the parties involved .The attorneys at Allen, Flatt, Ballidis and Leslie have handled cases along this specific roadway and are familiar with the issues involved. If you have been injured or know someone who has had an accident along Ortega Highway, or any highway, please contact an experienced personal injury attorney immediately. They can handle the process of dealing with the negligent agencies while you work on recovering from your injuries.

Another dangerous road is located in the canyon areas in Southern Orange County called Live Oak Road. This road links Lake Forest to Trabuco Canyon, winding through overhanging oak trees and beautiful canyon landscapes. Unfortunately for Lake Forest resident Marc Daneo, this motorcyclist died last Sunday when he lost control of his Harley motorcycle. The area where he died was just south of Shelter Canyon Road, an area that is lined with makeshift memorial crosses and helmets. Unfortunately, he is not the only fatality in this area and although the CHP does monitor the speed limit in the area, it is obvious that many people are seriously hurt or killed on this road each year.

Three other dangerous roads here in Southern California are worth mentioning as well. California state road 138, also known as Pearblossom Highway in the Antelope Valley; the famous Route 66 in the Inland Empire and Interstate 5 between Barstow and the Nevada state line. All of the roads make the infamous list, “most dangerous roads in California” based on a MSNBC dateline special on dangerous roads in America.

As motorists, we do have a duty to remain alert and maneuver our vehicles correctly, but on the other hand, state agencies do have a duty as well to keep our roadways safe and prevent injuries. Most roadside fatalities and serious personal injuries are preventable. Examples such as proper road signage, warning of upcoming dangers, properly maintained shoulders, guard rails, pothole maintenance and proper banking angles on curves are just a few factors that, left undone, can make a general road into a dangerous road.

If you see a something on a roadway that appears to be dangerous, take a picture and send it to local authorities who are responsible for the transportation upkeep in your area. Let’s keep the pressure on those responsible so we can all enjoy a nice drive on our beautiful country roads here in Orange County.

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The national average for seat belt usage is at an all time high-82 percent. In the Western states it is even better at 93%, but even as the fatality rate decreases as seat belt use increases, there are still too many avoidable fatalities due to restraint use in America. Even though all 50 states have some sort of restraint law for children, it is still the number one killer of children under 14.
Just recently a 5 year California boy was killed in a car crash because he had been sitting on his grandmother’s lap while she was driving. Although kids at this age like to do this, it is too dangerous to allow a child to go unrestrained in a car while driving. It was a tragic, preventable accident. If this boy had been a booster seat, he would be alive today.
So how does a parent know when their child is ready to move from a regular car seat to a booster seat? The government recommends car seats for children up to 40 pounds and booster seats for children between 40 and 100 pounds and they are 8 years old or 4 feet 9 inches tall. All booster seats should be placed in the back seat of the car. All children should ride in the back seat until age 13.
A recent study by the Insurance Institute for Highway Safety, IIHS recently studied the effects of booster seats and discovered that a number of the available popular brands do not adequately protect a young child in a automobile crash. In fact many are even the cause for serious bodily injury to the child. Of the 41 seats tested, 13 had a poor performance and are not recommended.
The IIHS booster seats that rated highest were: Fisher Price Safety Voyage, The Britax Parkway and Monarch, The LaRoche Bros, Teddy Bear, the backless, Graco Turbobooster, the backless Combi Kobuk and the Recaro Young Style. Volvo booster cushion and Safeguard Go when it's used as a backless boos
On the other hand, the Institute did not recommend: Compass B505, Compass B510, Cosco/Dorel Traveler, Evenflo Big Kid Confidence, Safety Angel Ride Ryte, Cosco/Dorel Alpha Omega, Cosco/Dorel (Eddie Bauer) Summit, Cosco Highback Booster, Dorel/Safety 1st (Eddie Bauer) Prospect, Evenflo Chase Comfort Touch, Evenflo Generations, Graco CarGo Zephyr, and Safety 1st/Dorel Intera.
The best advice for parents is to try a couple devices in their automobiles and see how they fit. The lap belt should fit flat across a child’s upper thigh, not across the soft abdomen, which is more likely to be injured in an accident. Severe personal injuries such a liver, spleen and other internal injuries are quite possible.
The National Highway Traffic Safety Administration issues ratings for child seats on its Web site: http://www.safercar.gov. In addition, if you would like to read the full study from the IIHS, visit www.iihs.org for further details. And remember, even if your booster seat did poorly in this evaluation, experts’ advise that it is still safer to have your child restrained than to have them not.
If you or your child has been injured in accident, please don’t hesitate to contact an experienced personal injury attorney immediately.

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If you’re a parent of a teen, you know how difficult it is to get your child’s attention. However, California teens are now paying attention and are all worried now that lawmakers around the country are suggesting that the driving age be raised to 17 years old. From their perspective, their independence, rite of passage and freedom from the parents will be taken away from them. Basically they hate the idea!

This all began when the Insurance Institute for Highway Safety came out this month with a new report to save lives. Sounds like everyone can agree so far. The theory is that if they wait to give teens one extra year to mature, that it will bring down the high fatality statistics and injuries teen drivers have. However, some opponents argue that it is inexperience, not immaturity that causes teens to have such a high rate of personal injury crashes.

According to the Automobile Club of Southern California, the proposed regulation would work very similar to the current laws but with a few changes. Currently, teens in California can get a permit to drive at age 15 ½ and then get a full driver’s license at 16. With the new rules, you could still get a license at 16, but it would be provisional and it would only be a full license when the driver becomes 18. The details are still being worked out.

Across the country, age varies for driver’s licenses from state to state. For example, you can drive at 14 ½ in South Dakota but only at age 17 in New Jersey. States everywhere, including California, are trying to find a standard for all teens across the country. However, there are obvious difference between states, rural and urban setting, and other factors. Not all states are the same and either are kids. Nevertheless, since New Jersey rose its licensure age, it has had a 66% decrease in serious personal injuries among youth drivers.

Each year more than 5,000 teens die in automobile accidents and it is the leading cause of death for teens. Tens of thousands more have serious personal injuries. In fact a 16 year old driver has crash rates 10 times that of a 30-59 year old driver. Is it immaturity? Inexperience? A little of both? Statistics show that teens have higher rates of crashes due to factors such as alcohol, drugs and distractions such a texting and passengers.

In addition to teen crashes, this age group also has the highest rate of violations—a definite precursor to accidents-- in some cases. Speeding and avoiding signals are two of the most risky behaviors teens do with the exception of DUI’s. Teens are naturally overconfident when they get their first license and therefore take excessive risks that lead to violations and /or crashes. In addition to the above risky behaviors, many teens do not wear their seat belt. This is a cause of many fatalities when unbuckled kids are thrown from the crashed vehicle.
So far, only a few states like Florida, Georgia and Delaware have proposed legislation to raise the teen driving age to 17. Bills in Massachusetts and Illinois tried to raise the driving age to 18 but they have all failed. What will happen in California? No one really knows. One thing is for sure, we will be sharing the roads with teen drivers, so it’s important to stay alert and drive defensively.

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Posted In: Car Accidents , Injuries , Insurance Disputes , Motorcycle Accidents , Truck Accidents

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Just as nervous commuters here in Orange County, Los Angeles, and all over California brave their way back onto public transportation this week, another train collides, this time with a bus. This time it was not a Metrolink train, but a “light rail” train. The accident is still under investigation but early facts are emerging that the driver of the bus was a mechanic that was “test driving” the empty bus and ran a red light. 15 people were sent to the hospital with personal injuries.

The light rail system is run in the state of California by the Metropolitan Transportation Authority or MTA. Los Angeles’s rail system includes multi-colored above rail lines that stretch across L.A. County. The train that crashed was the blue line that connects Long Beach with downtown L.A. Since 1990, there have been 821 accidents on this blue line and 90 fatalities. 652 of the incidents have been with other vehicles and 169 have been with pedestrians.
Most of the accidents have been due to human error of some kind; either from the vehicles trying to beat the train, pedestrians not looking both ways and train operators that were distracted. Since cell phone usage is now such a large factor in last week’s metrolink crash, investigators will be looking into this theory as well. In July of this year another California light rail incident in Sacramento involved another operator texting; this time with deadly results. This week the California Public Utilities Commission has banned all train operators from using their cell phone and texting while on the job.

Why does California have the deadliest train accident rate in the country? Generally there is not one reason that causes these types of accidents. Experts agree that it is normally is a breakdown of many operational processes; long work hours, improper training procedures, dysfunctional organizational systems and unreasonable workloads can all be factors. The National Transportation Safety Board will go through these accidents and ultimately come up with causes and recommendations. Hopefully the management in charge will comply and create better safety procedures for the public at large.

Besides trains, California also has the highest bus accident rate, with fatalities and personal injuries. Bus accidents have been steadily growing as more and more people move to public transportation for business and pleasure. Bus transportation, compared with driving an automobile is still safer than fighting the freeways, but it still has its risks. Last year there were over 1300 injury crashes involving buses in California.

Another popular trend for bus tourism is the “casino bus”. People from all over Orange County opt for less stress while travelling to Las Vegas and the California casinos. However, earlier this year there was a tour bus that overturned on the way to Vegas. Four people had to be airlifted because of serious personal injuries, but all had injuries. The bus driver had drifted to side of the road and somehow lost control of the bus.

If you have experienced any injury accident on a metrolink train, light rail, bus or casino tour bus, don’t hesitate to call an experienced personal injury attorney. These types of accidents can be very difficult to go through and settle, especially when you are recovering. Talk to the experts and let them handle the details while you get better.

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After California’s worst accident in metrolink history, the trains are back open and rolling. The crash has left many living here in Southern California wondering just how safe our commuter trains are. Even though the actual cause of the accident is under investigation, it could take up to one year until the National Transportation Safety Board, NTSB has concluded its inquiry. But as scattered facts are coming to light, shock has changed to anger when we slowly piece together the puzzle on what actually happened on the train that killed 25 commuters and injured over 135 other passengers.

So far the investigators have ruled out mechanical, track and train problems. The main focus is on the engineer, Robert Sanchez. According to the data that was recovered from the data recorder, no brake pressure had been applied and he was speeding. In addition, Metrolink officials confirmed that all signal lights were operating correctly and that he ran two red lights that warned of the approaching freight train. Other factors that could have influenced human error are that he typically worked a split shift (6am-9pm with a 3 ½ hour break), and was possibly texting at the time of the crash.

California senator Dianne Feinstein quickly introduced legislation this week that would require all trains to install new technology called “positive train control”. This new monitoring system would track all trains’ locations and stop them via an override system, if the engineer does not physically stop. This would prevent deadly train crashes and save hundreds of passengers from personal injury from wrecks.

The head of Metrolink last year addressed congress and complained that these new technologies would involve substantial costs and urged them to allow flexibility in implementing the new systems. They had just spent 177 million on newer, safe passenger cars. In every crash, the first car is normally more damaged than the others, and of course this is where most of the fatalities results. Unfortunately these new cars are not to be delivered until December 2008. The cars will hopefully prevent derailments and passengers from being crushed. Of course every industry does have to weigh the risks to upgrading old technology but in this case, the costs are enormous—literally.

Lawsuits already have begun being filed in California courts. The cap of $200 million, imposed by congress 11 years ago for liability on any one railway accident, will be tested because of the sheer volume of severe personal injuries and fatalities. Attorneys argue that more litigation actually provides more information for the community at large and this can bring about regulatory changes.

If you were injured in this recent train accident or any accident where you experienced any personal injury, you probably have a lot of questions. Contact a professional firm such as Allen, Flatt, Ballidis and Leslie for answers to your questions as well as assistance through this ordeal.

Metrolink passengers took over 10.5 million trips last year in Southern California. It still is safer than driving the freeways for commuters. With the recent high prices of gas and severe traffic congestion in Orange County, ridership was up 8% and there is more expansion planned for stops in Fullerton, Orange, Tustin, Irvine and Laguna Niguel.

Stay safe and enjoy each day.

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The nights are getting cooler, leaves are beginning to change and the kids are nowhere in sight. Yes, summer is over and children are back in school. But for most kids here in Orange County, they will either be passengers in cars or walking to school, instead of taking the bus, due to California’s state budget cuts. 70% less school bus routes will be available for families living within Laguna Niguel and Mission Viejo this school year. Transporting children to and from school creates more traffic in and around schools and leaves children vulnerable to personal injury.

When driving a vehicle, your children have ten times greater risk of injury then if they were in a school bus. While walking them to school, your injury risk is about double. School bus transportation is generally safe but it does have inherent safety risks as well. Nationwide school bus-related accidents send over 17,000 children to emergency rooms each year. Over 1500 fatalities have occurred over the last two decades.

One quarter of school bus accidents occur while the children are boarding or leaving the bus area. Another 50% of injuries are directly related to crashes while traveling on the bus and the other 25% are generally slips and falls, getting jostled when buses stop or turn suddenly, and from roughhousing.

Earlier this year in Chino, California we had a serious school bus accident, but fortunately for the occupants on the bus, they all had some type of restraining device thanks to our new seatbelt law and fortunately most of the injuries were minor. California is one of only 6 states that have mandated seat belts in all new school buses and this has reduced the risk of serious injury tremendously.

Although the approximate $4,000 cost of safety belts installed in new school buses are generally thought to be a good idea, many smaller districts can’t justify the extra costs. Some districts are now faced with liability issues of kids misbehaving on buses. Distraction among bus drivers is the leading cause of accidents. This is another strong argument for seat belt use in school buses. Keeping kids immobile will provide a safer environment for everyone involved.
If one of your children or if you know a child that has been injured in a school bus-related accident, don’t hesitate to call an experienced personal injury attorney. They are ready to assist you through the process of dealing with insurance companies, specialty doctors and other agencies.

Lastly, if your child does ride on a school bus, he or she should be aware of the area called the “danger zone”. This is the area in front of the bus where the driver has a blind spot and sadly over 2/3 of children’s fatalities are caused by their own bus running them over. Many new buses have wider windows for better viewing and door arms to help protect the kids.

Let's keep our children out of the danger zone if we can.

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Lake Forest California is a great community that I call home, and as a personal injury attorney I can tell you that it is a safe community. However, if you are texting while driving, you are endangering me, my darling daughter, family and all others in our community.

Last year over 360 million text messages were sent in the United States and over 57% of those were from adults, not teenagers. It is a dangerous trend that is not associated with teens anymore. More adults are learning this new hip language and are learning to multitask more efficiently than ever. Busy lives are the norm for many of us who live in Orange County and as you might imagine, rates of motor vehicle accidents with personal injury are also on the rise due to many distractions.

California senator Joe Simitian introduced SB-28 last year, a bill that would make it illegal for adults to send text messages while driving. It is already illegal for anyone under 18 years old to text. The bill is now one of many sitting on Governor Schwarzenegger’s desk awaiting signature. But with California’s current budget crisis, it is doubtful any bill will be signed without a new budget.

With or without a new law, do we really need the threat of a $20 fine because we were texting? Some legislators argued that we are limiting the personal freedoms of drivers and they fear further fines for things such as eating and kids in the car. It is clear that you can’t legislate common sense, but it is apparent that the less distraction you have in your car, the less likely it is that you will experience an auto accident. Nearly 80% of all collisions involve some sort of distraction within 3 seconds of the crash and fortunately, many of these issues can be avoided with some advanced planning.

A study by the Insurance Institute for Highway Safety recently concluded that drivers using cell phones were four times as likely to get into a crash that can cause personal injuries, serious enough to send them to a hospital emergency room. These findings were for phone use only, not even for texting. Looking down and reading your electronic devices and sending text messages can only increase your risks. Already cell phones are blamed for over 300,000 collisions per year and 2,600 fatalities.

One tragic fatality was a young girl from Southern California driving home this month in Redlands. Officers reported that the girl had just sent a text message before her car lost control and hit the meridian. Other factors were involved but texting was cited as one of the causes. Other cases around the country are equally terrifying when you read that kids are texting their parents as they lay dying in a car wreck. One of the biggest influences on how teens drive is by modeling their parents. So if you want your kids not to speed, where their seatbelt, talk on their cell phones or text, try to model good driving patterns.

Whether SB-28 becomes law or not, fyi drive safe and ttyl.

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If you drive routinely on the freeways here in Orange County or in fact throughout California, you might have noticed an increase in aggressive driving. Increased congestion, running late, and anger are all contributing factors to the most aggressive driving that we’ve seen on the increase. The big problem is at what point does aggressive driving turn to road rage and thus become a risk factor for personal injury accidents, or in some cases, homicide.

Los Angeles is a major metropolitan center that now has the honor of “worst congestion in the US”, according to the American Automobile Association. Unfortunately it is also the 4th highest city for road rage incidences. Number 5 is Burbank, California, so Californians have a lot of issues to deal with. Do you think there is any connection there?

California alone has around 45,000 automobile accidents per year and of those accidents, 35,000 result in some type of personal injury to the occupants of the car. The 5th leading cause of auto-related fatalities, right behind speeding, alcohol, drowsiness and distraction is aggressive driving. It is a major problem within our state and is only increasing over time.
Only yesterday the Los Angeles Times reported that a man was shot on the 110 freeway as the result of a road rage incident. These reports have become so frequent that sometimes we are not fazed anymore. But what drives a person to react this way? A recent study asked drivers what makes them drive more aggressively and/or gets them angry and the main reasons were : getting cut off by another driver, drivers not allowed to merge in on a freeway, close tailgating, driving too slow in the left lane and finally, obscene gestures targeted towards them. After a busy day, yes you certainly don’t want to deal with this, but it’s important to contain your composure and not react back.

In California the Aggressive Driving Laws are quite clear. Using your car in an aggressive way that commits a crime is considered a criminal assault and you can be penalized with a fine of up to $10,000 and up to 4 years in jail.

This issue does not affect just cars against cars either. More cases of cars vs. pedestrian and bicyclists are becoming more common as well. Just last week a doctor pleaded not guilty in a road rage case where he yelled at two cyclists before cutting them off and then hit his brakes hard. One of the riders slammed into the rear window of the car and is now recovering. The driver is being charged with reckless driving, battery with serious bodily injury and special allegations of causing great bodily injury. Don’t let your anger get the best of you because these charges are quite serious and are just not worth losing your freedom over.

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Another accident happened this week on an already busy Orange County freeway. An SUV has rolled over and injured its passengers. Unfortunately this type of accident happens across the country every day, injuring over 280,000 people each year. Over 24,000 have serious personal injury and tragically these accidents kill over 10,000 occupants annually. The accidents are usually twofold; first the rollover occurs and then the roof area crushes in and seriously injures the occupants.

American auto makers continue to deny that roof crush, usually in conjunction with a rollover, causes injuries, but their internal document say just the opposite. In fact the automobile industry has known that these types of accidents can produce serious personal injuries for over 39 years and only recently are gradually changing their designs, thanks to stronger government standards for rollover safety and litigation pressure.

Currently, 40% of SUV’s and light trucks on the road today have a fairly new technology called electronic stability control. Presently it is only an option, but in model year 2009, many automakers plan to make it a standard feature. The government’s crash tests have been so positive that they are mandating that all vehicles have this technology installed by 2012.
Why are these vehicles so prone to rollover accidents? Specifically, mini-vans, SUV’s and trucks are predisposed by the connection between the center of gravity and the track width (the distance between the left and right wheel). A narrow track and high center of gravity can make a vehicle unstable while performing fast turns or sharp turns.

New government proposed legislation will require all trucks and SUV’s to have stronger roofs and for the manufacturers to pass more rigorous tests. In particular, a roof would have to withstand 2.5 times the vehicle weight without bending. This would prevent any occupant from contact with the roof and therefore reducing serious head trauma. In addition, seat belts will also change to better hold the passengers in place in case a rollover occurs. Lastly and the most controversial of proposed legislation is the setting of lawsuit limits against automakers. This means that some crush roof accidents would be dismissed without trial because of this type of federal law. Something tells me that this one will not pass anytime soon.

If you or someone you know has been injured in a rollover accident, don’t hesitate to contact a personal injury attorney as soon as practical.

If you own an SUV, light truck or mini-van, there are a few things you can do to limit your risk or a rollover.
· Be aware that your vehicle has a high center of gravity and is more top-heavy than other cars. Don’t take turns at high rate speed and avoid sudden corrective action.
· Always use a seatbelt. Large numbers of SUV fatalities are drivers and passenger being ejected from the vehicle during a rollover.
· Obey traffic laws and avoid alcohol while driving. A large demographic of rollover accidents involve young men between the ages of 18-25 and alcohol consumption.

If you choose to purchase a new car in the future, check out the new crash test and rollover ratings at www.safercar.gov/ .Their rating scale will assist you in your new car purchase.
Safe driving!

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With the high cost of gas these days, you may be tempted to carpool to work in costa mesa in a vanpool. Morning commutes on California freeways are filled with this cost-saving option, but it is important to note that when these 15 passenger type of vans are not driven properly, there is a greater chance of serious personal injury especially on the freeways surrounding and in Costa Mesa. In a fully loaded 15 passenger van, you have a 70% chance of a rollover!

New research from the National Highway Traffic Safety Administration, NHTSA, has found that during the months of June through August to be the deadliest time of the year for 15-passenger vans. These vans are typically used by church youth groups, senior homes, YMCA’s and hotels. Since their use is so widespread, the NHTSA has issued new safety warnings during the busy summer travel season.

These vans are quite popular for several reasons; one important factor is that the driver doesn’t need a commercial license. Although it is still illegal to transport elementary and high school students, most community organizations find the van size convenient and more fuel-efficient than regular school buses.

Fifteen-passenger vans are more likely to be involved in a single-vehicle rollover crash than any other type of vehicle. The good news is that consumer alerts and educational efforts are apparently working to help reduce fatalities in these types of rollover crashes. The proof is in the numbers: The percent of 15-passenger van occupant fatalities that occur as a result of rollover crashes is down from a high of 81% in 2000 to 45% in 2006.

Although by far the main cause of rollovers is a fully loaded van, factors such as improperly inflated tires, poor tire condition, and inexperienced van drivers also contribute to the instability of this type of van.

The following precautions are recommended if you drive a van or if you ride in one on a regular basis:
· Keep your passenger load light. NHTSA research has shown that 15-passenger vans have a rollover risk that increases dramatically as the number of occupants increases from fewer than five to more than ten. In fact, 15-passenger vans (with 10 or more occupants) had a rollover rate in single vehicle crashes that is nearly three times the rate of those that were lightly loaded.

· Check your van’s tire pressure frequently — at least once a week. A just-released NHTSA study found that 74 percent of all 15-passenger vans had improperly inflated tires. By contrast, 39 percent of passenger cars had improperly inflated tires. Improperly inflated tires can change handling characteristics, increasing the prospect of a rollover crash in 15-passenger vans.

· Require all occupants to use their seat belts or the appropriate child restraint. Nearly 80% of those who have died nationwide in 15-passenger vans were not buckled up. Wearing seat belts dramatically increases the chances of survival during a rollover crash

· If at all possible, seat passengers & place cargo forward of the rear axle — and avoid placing any loads on the roof. By following these guidelines, you’ll lower the vehicle’s center of gravity and lower the chance of a rollover crash.

· Be mindful of speed and road conditions. The analysis of 15-passenger van crashes also shows that the risk of rollover increases significantly at speeds over 50 miles per hour and on curved roads.

If you have been injured in a 15 passenger van or in fact, any type of personal injury, don’t hesitate to contact a professional personal injury attorney as soon as it is practical. Contact Us anytime (949) 752-7474

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Recreational Vehicles or RV’s are a popular way for families to enjoy a summer vacation. The RV market is a 15.75 billion a year industry with both sales and lease agreements combined. However, if you own or lease one of these larger vehicles, check which tires has been installed because with the increase of RV’s popularity has also come an increase in accidents and major personal injury due to uneven loading, faulty tires and rollovers. The main problem is tire blowouts, specifically involving Goodyear and Toyo Tires.

The Goodyear 159 or G159 is actually a heavy truck tire made by Goodyear specifically for recreational vehicles. Manufacturers such as Fleetwood and Monaco used this tire with an exclusive agreement with Goodyear. They were assured that this tire was suitable for the large Class A type vehicle. Unfortunately, this tire could not sustain the high loads placed on it by shifting weights of a large vehicle.

The initial recall was back in 1999 after several accidents, but unfortunately, these tires are still on the road today. The main problem with these tires is that RV’s have a lot of weight with fold-out patios, TV’s and other heavy items. They are also typically used for an extended period of time and so a combination of overuse and heat can lead to tire tread failure and belt separation. These all seems to be a clear case of a defective product but the manufacturer, Goodyear is not conducting a further recall.

A recent report was published earlier this year by Sean Kane of Safety Research and Strategies. In the article, Kane stated that Goodyear had destroyed significant testimony that was taken in one of the earlier depositions that was for a lawsuit that was settled out of court. In the deposition, the Goodyear official reportedly admitted under oath that Goodyear knew that the Goodyear 159 tire was not suitable for RV use and was inadequate for use on class A motor homes. Moreover, not only did Goodyear know about these problems but the RV manufacturers such as Fleetwood and Monaco knew about this as well.

If you have experienced a tire blowout or an accident driving or riding in an RV, don’t hesitate to contact a professional personal attorney firm such as Allen, Flatt, Ballidis and Leslie. We are among the highest rated attorneys in Orange County and throughout California.
If you own or are just renting an RV this summer, having a good tire inspection is one of the best safety tips you perform for your family’s well being. Others driving tips include:
· Check for tire recalls at www.safecar.gov/
· Maintain proper air tire pressure and tread depth
· Watch your weight distribution; secure heavy items and place heavier items close to the ground and maintain a low center of gravity.
· Take an education driving course before heading out in your new vehicle. RV’s are much larger than vans or SUV’s and have multiple blind spots. Remember that it will take extra time to stop so watch your speeds as well.

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Summer is time for family vacations and the traditional road trips. However, next to the fall/winter holidays, it is the most accident-prone time of the year. Factors involved are numerous; fatigue, road unfamiliarity, construction, and (of course) kid distractions!

Unfortunately for a family of 5 from California, their summer vacation ended in tragedy. They were traveling from their home in Southern California and somewhere in Utah their SUV went out of control. Highway patrol suspect that the wife of the couple fell asleep at the wheel. Tragically, both parents died instantly and the three children are in critical condition. What makes this story more tragic is that this could have probably been prevented with some advanced planning and a good night’s rest.

According to a recent National Highway Traffic Safety Administration report, most crashes occur during late night and early morning hours. Over 56,000 motor vehicle crashes are due to drowsiness and fatigue alone. It is understandable that to avoid heavy congestion, people like to drive early or late, but if you are tired, don’t risk it. Getting a good night’s rest before a trip will keep you in a better frame of mind, give you more patience with the kids saying, “are we there yet?”, and of course, help you arrive at your destination safely.

Besides a good night’s rest, vehicle maintenance is one of best things you can do to reduce the risk of serious personal injury. Our summer breaks are far too short and sometimes we try to pack too much into our one week vacation!

Before your summer road trip, here are a few maintenance items to check before hitting the road:
1. Check your tire pressure. Tires without enough air pressure can build up heat and can lead to tread separation and blowouts. A good rule of thumb is while you are changing your oil every 5,000 miles, rotate your tires and check the pressure at the same time.
2. Hot weather is brutal for your car battery. Have it check, add water, if appropriate and check the cables.
3. After failed batteries, broken belts and hoses are reported to be the second most cause for breakdowns. Do a visual inspection for any cracks or tears in the rubber or make sure you have a complete vehicle inspection before your trip.
4. Brakes are crucial for your family’s safety. Summer trips can generally load down your car and put extra loads on your vehicle, especially if you are towing items. Have them checked and make sure they work properly.

Other summer hazards include construction zones and unpredictable weather. Be alert for upcoming construction zones and slow down. In addition, here in California we have summer fires that can cause reduced visibility in some areas. Flash floods and sudden downpours from thunderstorms can also cause slippery roads, limited visibility and hydroplaning.
Lastly, if you’re on an extended trip into an area that does not have facilities nearby, a good emergency kit is vital. Duct tape (for repairing hoses), first aid kit, flashlight, blankets, water, flares, jumper cables, and small amounts of food are all needed in case of an accident or breakdown when you’re out of cell phone range!

For more summertime driving tips to stay safe, visit www.safecommunities.org/ and for road closures and construction zones here in California, visit www.dot.ca.gov/ for the latest traffic problems.
If you are involved in any type of personal injury accident, don’t hesitate to call an experienced attorney to assist you through the process.

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One of the leading causes of insurance fraud today is what is typically called, “staged auto accidents”. Specifically in California it is a criminal problem and it costs taxpayers. While the insurance industry would like us to believe it is rampant and therefore all cases should be looked upon with skepticism. That is not the case, but caution should not be thrown to the wind and the public needs to educate themselves on how these criminals operate.

Recognizing some common staged accident schemes can assist you in potentially avoiding these types of situations. Two of the most common maneuvers are the “Swoop and Squat” and the “Drive Down” Let’s discuss what these maneuvers are; what to do if you find yourself in this type of situation and most importantly, how to avoid not getting involved in the first place.

The “Swoop and Squat” is the most prevalent of all schemes. This usually involves two cars and they frequently target a single occupancy automobile so there are no witnesses to the collision. The “squat” car usually contains two people, and then positions it in front of the victims’ car. Then they slowly close the distance between you and the other vehicle. Then the “swoop” vehicle quickly changes lanes in front of the “squat” vehicle and stops suddenly. The innocent party rear ends the “squat” car and the “swoop” vehicle typically leaves the scene. The suspects in the “squat” vehicle innocently state that “this vehicle came out of nowhere and forced me to brake”.

If you find yourself in an accident situation and suspect that it is a staged event, don’t hesitate to call the authorities immediately. Stay at the scene until a police report has been filed and do not accept responsibility for the accident. Additionally, get as much information as possible; driver’s license numbers, names, addresses, count the individuals in the other car and note injuries and take pictures if you can. Often times these professionals will dispute the injuries, car damages and the number of persons involved.

In addition to the suspects in the other car, there can be “staged” witnesses who approach you after the incident. They might try to convince you to use certain repair shops, medical personnel or even questionable lawyers.

It is so important to choose the right attorney to handle your case if you have sustained any type of personal injury in a car accident. Allen, Flatt, Ballidis and Leslie have several decades of experience between them and are among the highest rated attorneys in Orange County and throughout California. It is important to have experienced, hard-working lawyers on your side.
The Coalition Against Insurance Fraud has some easy safety tips to protect you and avoid being a victim in this type of insurance fraud.

· Never Tailgate! Allow plenty of space between your car and the car ahead of you. This will give you ample time to stop if the car in front of you suddenly jams on its brakes.
· Look beyond the car in front of you while driving and be defensive. Apply your brakes slowly if you see traffic slowing.
· Count how many passengers were in the other car if you’re in a collision. Get their names, in fact all contact information. Typically more people than were in the vehicle might file claims than were in the car. Also get the car’s license number.
· Try to keep a pen and paper, and even a disposable camera in your car’s glove box at all times.
These schemes typically target owners of new cars, older drivers and solo occupants of vehicles. If you suspect that you’ve been the target of insurance fraud, don’t hesitate to make a report to your local authorities.

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Seat belt usage is at an all-time high here in the United States. Specifically, here in California we have a 95% usage rate. That’s great news for saving lives and avoiding personal injury. Yet we still have over 3 million Californians that don’t buckle up and that costs our communities over 26 billion a year for motor vehicle injuries and deaths for unbelted passengers.

If you’ve been driving anywhere in Orange County or throughout California recently, you’ve noticed the “Click It or Ticket” mobilization of law enforcement. Their goal is to have 100% of Californians buckled up. Fines can range from $80 to $400, depending on the county. The CHP doesn’t want to hand out tickets, they want to save lives.

Wearing a seat belt will reduce your risk of personal injury or death by 50%. In addition your risk decreases as you drive mini-vans, S.U.V’s and trucks with restraint devices. These types of vehicles tend to be more rigid in an accident and they actually absorb more of the shock during the impact. But whatever type of car you drive, buckling up saves lives and prevents personal injury.

If you have been injured in any type of automobile accident, don’t hesitate to contact an experienced attorney as soon as possible. Allen, Flatt, Ballidis and Leslie are a law firm that has knowledgeable lawyers ready to assist you through this experience.

Although the safety factor for seat belt use is clearly there, there are some individuals that still refuse to buckle up. 68% of teens that were killed in car crashes were unbuckled. Peer pressure does play a role in teens not using seat belts, and their friends typically don’t want to “tell them what to do”.

Though, the most common argument against seat belt usage is that it is uncomfortable. Two groups of individuals that typically complain about this don’t wear their seat belts are pregnant women and the overweight/obese. According to a recent study by the National Highway Traffic Safety Administration, obese people are more likely to die or be severely injured in an accident due to lack of seat belt use.

Just 10 years ago, automakers made belts 12 inches longer than what was required by federal law. Today belts are typically 18-20 inches longer. Most automakers have utilized this standard of providing extra length on seat belts for the U.S. market. Moreover, some manufacturers have “extenders” that can be purchased separately. These will provide additional support, but must not be used with children.

Auto engineers are now designing wider seats and more comfortable safety belts for the average consumer. Currently there are about 40 million American considered obese and another 58 million designated overweight. That’s a large target group of people needing new restraint technology.

Four point belts, like the type NASCAR drivers wear is an additional alternative for some drivers. This allows the larger individual comfort, ease of use, and in some circumstances, a safer experience.

Lastly, whatever your age or size, remember to buckle up for safety.

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Driving along any California highway you’ll see people eating in their cars, applying make-up or just talking on their cell phones. These are all serious driver distractions and they are a major cause of personal injury accidents here in Orange County. In a recent study by the National Highway Traffic Safety Administration, they conclude that 80% of crashes and 65% of near crashes happen within 3 seconds of some form of driver distraction. If you’re reaching for an object in your car, you are nine times more likely to be at risk for an accident.

Teens are more vulnerable to distractions than any other age group of drivers. Sadly two prominent high school teens here in Orange County, Jill Sabet and her boyfriend Jonathon Schulte, lost their lives as passengers riding to their prom due to a distracted driver. The driver of the car was sober and not speeding, but someone in the car asked her for a piece of gum. At that moment she looked away to reach for the pack of gum, she lost control of the vehicle and it flipped over. In a split second inexperience and distraction took the lives of two precious children.

Another huge distraction to drivers (and annoyance to driver around them) is cell phone use. That’s one of the main reasons a new law will take effect in a few weeks that will make the roads hopefully a little safer. On July 1, 2008, California’s new cell phone law takes effect and will make it a fine to operate a cell phone while driving without using “hands-free technology” such as Bluetooth or an earpiece device. First offense fines will start at only $20, but will rapidly increase for further violations. And, yes, these violations will go on your DMV record!
The above law is applicable to drivers over the age of 18 years. It is still illegal for drivers under 18 years old to use an electronic device of any type here in the state of California.

In addition to distractions happening within your car, there are plenty more attentions diversions happening outside your car. Accidents, construction, emergency vehicles, pedestrians, even sign twirlers can be a cause of motor vehicle accidents. Even “rubbernecking” near the scene of crash can double your chance of being in an accident yourself. However, a growing trend here in Orange County has got two cities proposing banning those obnoxious sign twirlers.
Two cities here in Orange County, Santa Ana and Orange, are considering permit limits to the businesses that use sign twirlers. Currently there are no regulations to advertising in this manner. The main concern cited by the city attorneys are the distraction to drivers and annoyances to pedestrians. However, there are serious concerns for driver safety and these cities are investigating their options.

Finally, it is easier said than done, but we as drivers do need to limit the amount of distractions that we have control over; drowsiness, loud music, cell phone use, eating and passenger attention. A little advance planning in our driving schedule could possibly avoid a serious accident.

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Orange County, California has some of highest gas prices in the nation. At last check, we were creeping closer to the $4.40 a gallon mark. These higher prices can really dig into any family’s budget. Car buyers are now becoming more conscious of three magic letters, MPG. Yes, SUV owners are now questioning why they need a car that gets 10mpg. Primary concern, of course is safety and the vehicle’s crash tests. Larger automobiles will always “win” in any accident that involves a collision and personal injury. However, a new car has just come onto the market from Europe that just might change the way we think about safety and small cars.

It’s small and it’s called the Smart For Two; only 108 inches long, 62 inches wide, and 61 inches tall. In other words, it’s a small box with four wheels, 70hp engine, and performance that delivers 0-60 in 12 seconds. Size does become somewhat of an issue if you want to take along more than one friend, but then again, how many times to do you see one person in a car on an Orange County freeway? It just might be a great commuter car with a rating of 40 MPG.

The Insurance Institute for Highway Safety, IIHS, released its safety report last week and gave the Smart For Two a top marks for both side and front crash tests. It received 5 stars for driver frontal impact but only 3 stars for the passenger. The two main reasons that it did not get a “top safety pick” are that the car is the smallest one they have ever tested. The institute really doesn’t have an appropriate category for this size of car and it doesn’t have good whiplash protection. For a small car, though, Daimler Corporation of Germany really has engineered many safety features only larger cars have.

One reason this car does so well in crash tests is its safety system called the tridion safety cell. The high stress areas are made from steel and during a crash, the energy is redistributed to protect the occupants from major personal injury. Four airbags; two frontal and two side also protect passengers from injury as well and the collapsible steering column is there to protect your head and thorax. They all come as standard equipment.

Other safety features include, ABS brakes which will prevent skidding on all types of surfaces. In addition, the Electronic Stability Program, which integrates the throttle and brake system to prevent over braking and swerving maneuvers. This new small car is packed full of new safety features to protect you from serious injury.

Sadly, with all of its safety features, some insurance companies won’t insure this automobile. They conclude that the category is just too small and they don’t have any type of historical safety data on this new type of car. So if you chose to purchase this type of vehicle, shop insurance before you shop for your car to be sure you have coverage.

As energy costs skyrocket, Americans will eventually be attracted to smaller automobiles. But if you just can’t separate yourself from your gas guzzling SUV, check out www.gasbuddy.com for the cheapest fuel in your area.

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We lead busy lives here in Orange County. But a disturbing trend is developing here in California that is tarnishing our otherwise good reputation of being a compassionate community. We are now known for the highest rate of hit and run fatalities in the country—around 8%--twice the national average! On average, there are approximately 700,000 hit and run accidents in the United States each year. California does have the largest population and car ownership, and also the most unlicensed and uninsured drivers.

A typical example that occurred just this week when a 9 year old Los Angeles boy was killed when he was walking with his family as they were coming home from a party. The driver, driving at such a high rate of speed; never stopped to help and quite possibly, even was so oblivious that he did not know what was happening.

Hit and run accidents can range from the typical dents in your car in a parking lot, to leaving the scene of an accident involving a pedestrian, bicyclist or automobile. Whatever the scenario, these are growing trends that can be your worst nightmare if you are involved in one of these accidents. Innocent parties usually become the victims twice; the first in the accident, and then, although innocent, must pay for the other driver’s irresponsibility. Even though most responsible driver’s carry some form of liability insurance, the state ordered minimum insurance policy only covers the costs of damage that you may inflict on another driver in an automobile accident. This will not cover the damage to you or your vehicle. It’s probably a good idea to check with your insurance carrier to make sure you have the best coverage possible, including adding uninsured motorist and additional medical coverage.

An investigation done by a California newspaper concludes that over 50% of hit and run drivers have suspended, revoked or expired licenses or no license to begin with. Other reasons include driver impairment by drugs or alcohol, distractions, street racing, auto theft, or just aggressive road rage-type driving. This is a huge problem in California; specifically in Orange County and surrounding counties in Southern California. If you have sustained personal injury due to the negligence of a hit and run driver, don’t hesitate to call an experienced personal injury attorney. A good attorney will always assist you through the insurance procedure and inform you of your rights.

Just to recap, if you are a California driver involved in an accident, whether there were injuries or not, you are required by law to stop and exchange information with the other driver. If someone has sustained an injury, the driver has a duty to stay and give reasonable assistance to the injured. Depending on the seriousness of the accident, law enforcement can charge the hit and run driver with either a misdemeanor or a felony, depending on the extent of the damage and injuries.

Remember to drive defensively and stay alert and if the unthinkable happens, always stop and investigate.

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In local Orange County high schools, May is a time for state exams, field trips and of course senior proms. However, in several high schools across California recently, there were some new events happening on campus—simulated car accidents, “dead students” walking around and of course the grim reaper roaming the school grounds. Why you may ask? The program, developed by Mothers Against Drunk Driving, (MADD), travels around the state to educate teens of the dangers of underage drinking and not driving. In 2006 alone, 714 young people were killed during prom or graduation from alcohol related traffic accidents.

The MADD program is called “Every 15 minutes”. The statistics are stark. Each 15 minutes someone dies from an alcohol-related crash in the United States. With cooperation from the Orange County Sheriff’s Dept, Mission Hospital and the CHP, a mock accident scene is created on the campus. Bloodied kids, gravesites, and DUI arrests are all designed to educate kids that one bad decision can destroy the rest of your life, or someone that you love.
In California alone, underage drinking costs the citizens over 7.3 billion dollars. The costs include medical care, pain and suffering, work loss and other problems resulting from youth alcohol addiction. Young people who begin drinking before age 15 are four times more likely to develop alcohol dependence than those who start drinking after age 21. Traffic accidents are the main cause of personal injury in youth but other alcohol related injuries can be caused from alcohol poisoning, petty crime and high risk sex.

Right now you may be thinking, “Not my child”. However, frightening statistics reveal teen surveys stating that over 80% of 12th graders have tried alcohol in the past year and 66% had drank alcohol in the past month. Alcohol is the drug of choice for most teens and that’s why there’s’ a lot of underage drinking going on. More importantly, depending on the amount they are consuming, this could cause irreparable damage to their brain, possible dependence and maybe unwanted consequences in their lives.

The brain continues to develop throughout your twenties. This is why drinking, especially heavy drinking is so detrimental to young people. The part of the brain that controls reasoning and cognitive ability take the longest to mature and these are the areas that get damaged the worst. Memory loss and spatial operations are also damaged. In addition there are studies that show that early drinking behaviors can lead to alcohol addictions.

With all of the side effects of underage drinking, it is even more surprising that many parents are the ones buying and providing alcohol to their kids and friends. The situation has come to the attention of the Mission Viejo City Council and they are proposing an ordinance to fine parents up to $1000 if they are caught supplying alcohol to children under 21. If the proposal passes, it will be the first in Orange County.

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It’s almost summer and time to hit the road for your vacation. Millions of families will be on road trips with their kids and pets. But according to the Pet Products Manufacturing Association (APPMA), over 40 million pets are expected to hit the roads this vacation season with their owners and they will not be properly restrained, causing potential safety hazards and possible personal injury. Currently there are over 71 million Americans who own pets and over 80% of them admit to never using a restraint device to keep them secure.

The restraint laws for children and adults are quite clear, but for animals such as dogs and cats, they are allowed to roam freely inside the vehicle but must be restrained in the back of a pick-up type vehicle unless the sides of the truck are at least 46 inches high. Another potentially new Californian law was introduced this week in Sacramento. California Assembly Bill 2233 would make it illegal to carry your favorite pet on your lap. It passed the assembly and now is facing a senate vote.

Traveling with pets can be dangerous for both your pets and yourself. Many things can cause driving distractions; including talking on your cell phone, music, eating, children and of course pets can become a distraction while driving. They may see another dog, move around, or just see something that irritates them. These can all be distractions for the driver. Of course if the driver must stop instantly, the dog or cat can become a flying projectile, injuring themselves and possibly someone in the car. For example, an unsecured 60 pound dog could hit a window, backseat or another passenger with a force of 1,200 pounds in a 30 mile-per-hour collision.
One alternative to keeping your pet safe while driving is to either secure them in a restraint device or keep them in a crate. These devices will limit distractions and keep your pet safe. Although your pet may not like them at first, after taking them on short rides, they will eventually get used to them.

Restraint devices are designed to anchor your dog to a firm place in the car. Most systems will still allow the animal the ability to move, stretch, lie down and of course, stick their nose out the window of the car. After anchoring the system to the automobile’s passenger restraint systems, the harness will fit over the upper back and chest of the animal. For a complete selection of restraint products for your pet, visit the Pet Products Manufacturing Association at www.appma.org and search restraint products. Also you can shop at any larger pet retail store.

Remember, it is your responsibility to keep your pet safe, whether you’re in your automobile or not. Since so many people drive with their pets now, some insurance companies are now even covering personal injury to one’s pet. Check your policy to see if you’re covered.
For all the reasons that we buckle up our children and ourselves, let’s not forgot about the “other” four legged members of our family as well.

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A victim of an auto accident had a serious knee injury arising from an impact with the dash board of his vehicle. His injury necessitated multiple surgeries, and kept him from working in his occupation. Michael Mazal of Allen, Flatt, Ballidis & Leslie was successful in negotiating a settlement of the case for $500,000. This represents the largest settlement for a knee injury in the firm's 30 year history.

Congratulations to Mr. Mazal and the entire litigation team of the firm.

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Recently here in Orange County, California, temperatures have skyrocketed up into the 100’s. One unfortunate statistics that goes way up during the late spring and early summer months is leaving your babies and young children in a locked, unventilated car. Nationally In 2007, there were over 749 incidences that caused personal injury to 962 kids, sadly, 187 fatalities occurred. This was the highest fatally rate to date.

Last May, Hayley Wesley left her daughter, Madison in the back of her car for three hours. Her child died of hyperthermia. This week the prosecutor’s office in California sentenced her to three years in jail. However, when you are responsible for the death of your child, I’m sure she will feel guilt for the rest of her life for this tragic error in judgment.

Since the early 1990’s, there has been a tenfold increase in young children’s deaths due to hyperthermia. One theory to explain the increases is that since the introduction of front seat airbags, children no longer sit in the front seat of automobiles. In addition, cars have grown larger; people drive more vans and SUV’s which are harder to view in the back. However, by far the most common excuse for this tragedy is that the caregiver or parent just “forgets” their child.

In a study done recently by Injury Prevention Journal, over 47% of children’s caregivers had forgotten that the child or children were in the back of the car. What’s even more disturbing is that 21% of the these children were left intentionally in the car by the parent. Parents and caregivers need to be educated on the dangers of extreme temperatures that rise quickly in a locked automobile.

In the average closed car, the temperature will increase 19 degrees Fahrenheit in only 10 minutes. After 20 minutes, the increase is 29 degrees and so on. After one hour, the temperature has risen to 45-50 degrees over and above what the temperature is outside. Cracking the window does not have a big factor in cooling the interior of the automobile.
Whether there is a change in a routine or feeling overloaded, sometimes parents do and will forget their kids. Fortunately, some technology devices have recently been created to prevent these types of tragedies. One keychain-type device, developed by a NASA engineer is called the “Child Presence Sensor”. It fits on your key chain and when you exit the car without removing your child from their car seat, the device will beep. Another simpler device is the “Baby Safety Line”. It literally is a colored plastic line that attaches a hook to your baby’s seat on one end, to your ignition keys or dashboard on the other. For a full review of technology devices, visit www.kidsandcars.org/incidents/heat/technology.html
California is one of only 12 states that have laws against leaving children unattended in cars.

It is illegal to leave a child under the age of six years in a car alone, except if there is another person 12 years or older. For our families sake, let’s all slow down a little as we enter into the summer season. Keep your kids hydrated with plenty of water, keep your vehicle cool and don’t leave your children unattended for any amount of time.

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Imagine the worst. Your child has just died in an automobile accident. But in the aftermath you now discover that your child’s gory accident photos are now scattered all over the internet. Is this a matter of protecting the privacy of the family or free speech?

Continue reading "GORY PHOTOS POSTED BY CALIFORNIA CHP ARE SUBJECT OF PERSONAL PRIVACY LAWSUIT" »

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Flash! You’ve been photographed running a red light. Thought you could make it through the intersection but the light turned red. Worried about paying fines or higher insurance rates? Normally drivers should be worried, but here in Orange County, California, up to 25,000 drivers since 2004 have literally “walked away” from any sort of penalty.

A recent Orange County Register investigation discovered that court workers and police rarely complete the lengthy process to punish red-light violators. In some jurisdictions, police are required to match the photo with the car owner. Here in Orange County, though, the court doesn’t need to verify that. Instead, the court will mail out a ticket to the car owner and ask them to identify the photo. There is grey area here and many people just don’t respond to the citation—and get away with it.

Since most of the costs to install and operate the cameras are deducted from revenue fines, this is costing taxpayers a lot of money. Since 2004, the cities involved have lost over 3.5 million dollars.

Continue reading "ORANGE COUNTY CALIFORNIA LACKS ENFORCEMENT CAPABILITY FOR RED LIGHT VIOLATIONS" »

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The recent death of Heath Ledger has brought some attention to the dangers of mixing over-the-counter drugs with various prescription drugs. Moreover, many teens and adults are taking these substances and driving without any concern that it will impact their ability to function behind the wheel of a car and cause personal injury to someone. In recent studies, there seems to be little difference if you use your cell phone, drink alcohol or take drugs when you’re behind the wheel of your vehicle.

Continue reading "DRUGS, CARS AND SPEEDING ARE A RECIPE FOR PERSONAL INJURY" »

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It took the death of a 15 year old California girl, Brandi Mitock, to pass a law requiring elderly drivers to take a written and road test at age 75 or older here in California. She was killed by a 96 year old motorist that hadn’t taken a road test since 1918-- that was day he received his driver’s license! Although rules in states vary greatly, here in California, after age 70, no driver may get automatic renewals through the mail. Is this a case of age discrimination like many see it? Or is it a safety measure geared to save lives here in California? Let’s look at the facts and you can decide.

Continue reading "CALIFORNIA TOUGHENS DRIVING LAWS TO PREVENT PERSONAL INJURY CAUSED BY ELDERLY INCAPABLE DRIVERS" »

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Well, it’s a New Year! With every New Year comes new state laws that become effective on January 1st. Here in California, we practically live in our cars, so if you’re a motorist, these laws will probably have an effect on you.

SB 67 will hopefully crackdown on dangerous illegal street racing. This type of speeding is a serious cause of personal injury to drivers, occupants and innocent bystanders. Basically, this law will reauthorize a law that lapsed in 2006 that allows police to impound a vehicle for 30 days when a person is arrested for street racing, exhibition of speed, or reckless driving. It allows registered owners of impounded vehicles to claim their vehicles if the owners were neither the driver nor passenger at the time of the violation and were unaware that the vehicle was being used.

Continue reading "NEW CALIFORNIA CAR LAW DESIGNED TO PROTECT YOU FROM UNNECESSARY PERSONAL INJURY" »

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California is number one for a lot of things; entrepreneurs, great quality of life and diverse beauty, but highest speeding related fatalities? Yes, it’s not something to be proud about. According to the National Highway Traffic Safety administration (NHTSA), California ranks number one in speeding accidents in both interstate and non-interstate roadways. Moreover, the period between Thanksgiving to Christmas has the highest accident rate, and is a California personal injury lawyers busiest time as well. One reason is that many Californians are taking long road trips to visit family and enjoy winter vacations.

By far, traffic is a spoiler of many long trips; unexpected detours, traffic congestion, and accidents. Wouldn’t it be nice to have traffic alerts come directly to your computer, cell phone or other handheld devices? Well, now a company provides online solutions to your traffic problems. Traffic.com will help Christmas travelers get to their destinations faster by knowing the best time to leave and the best route to take. Knowing the best route can save both time and fuel, and with todays fuel costs, this can save you lots of money.

Continue reading "CALIFORNIA IS RATED HIGHEST FOR SPEEDING, PERSONAL INJURIES AND FATALITIES" »

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Rose Tani was a 90 year old woman who had survived internment in a World War II camp and had 5 children. Unfortunately, she was a little too impatient on December 19th, 2007 and drove around a school bus and a railroad crossing with its gates down. She was killed instantly by the impact of the crash. Her story was in the news primarily because her son, Daniel Tani is a NASA astronaut who is presently living on the space station, but the story also highlights the increasing number of car accidents involving railway crossings.

Statistics show that California ranks second in highway-rail fatalities and is third in total collisions. Last year in 2006, 36 people were killed in California—a 63% increase over the year before. In terms of fatalities among railroad employees, though, these injury rates are down significantly due to less human error, the leading cause of train accidents. If you have been injured in a train-related accident or know someone who has, don’t hesitate to contact a professional personal injury attorney for further consultation of your rights.

Continue reading "TRAINS IN CAUSE MORE PERSONAL INJURY IN CALIFORNIA THAN IN OTHER STATES" »

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Every 31 minutes someone is killed in an alcohol-related accident. In fact Americans who drink and drive after holiday parties and celebrations make the period between Thanksgiving and New Year’s one of the year’s most deadly and dangerous seasons due to alcohol-related crashes. This is a main reason why since 1981, every President of the United States has demonstrated his commitment to preventing impaired driving by proclaiming December as National Drunk and Drugged Driving Prevention Month.

Continue reading "DRUNK DRIVING KILLS OR CAUSES PERSONAL INJURY IN MORE WAYS THAN YOU CAN IMAGINE" »

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Whether you are having fun racing with your friends or just late for work, speeding is never a good idea. Just yesterday, another preventable speeding tragedy happened on a local toll road here in Orange County. A woman from Ladera Ranch, only 18 years old, was speeding her Porsche at over 100 miles per hour when she decided to pass on the right and clipped a motorist. She lost control and swerved into several lanes of traffic and then hit a toll booth.

This was a preventable tragedy that we hear about all too often. In fact, in 2006, speeding was a contributing factor in 31% of all fatal crashes, and 13,543 lives were lost in speeding-related crashes. The economic cost of speeding-related crashes is estimated to be $40.4 billion each year.

Continue reading "PERSONAL INJURY ON THE RISE WHEN PEOPLE FORGET THAT SPEEDING KILLS" »

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In one of the largest personal injury settlements in Orange County history, the city of Dana Point has settled with the families of Stacy Neria and Carol Daniel. These two women were paralyzed after this tragic accident and are facing a lifetime of suffering and medical bills. The city settled the day before it was scheduled to go to trial.

The two women were jogging on April 8, 2006 with two other friends when a transient, William Todd Bradshaw hit them from behind as he attempted to pass another driver on the right. Bradshaw, who fled the scene, was on probation at the time for three DUI offenses. He was arrested several days later; was convicted and sentenced to four years in prison.

Continue reading "TWO QUADRIPLEGIC WOMEN OBTAIN HIGH SETTLEMENTS WHICH LIKELY WILL NOT BE ENOUGH" »

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The national average for seat belt usage is at an all time high-82 percent. In the Western states it is even better at 93%, but even as the fatality rate decreases as seat belt use increases, there are still too many avoidable fatalities due to restraint use in America. Even though all 50 states have some sort of restraint law for children, it is still the number one killer of children under 14.

Click it or Ticket (CIOT) is the most successful seat belt enforcement campaign to date. It is the major factor in the decrease of both accidents and fatalities in children and adults. However, while 96% of parents and caregivers believe that their child’s safety seat is installed correctly, in realty research shows that seven out of 10 children are not buckled up right.

Continue reading "PREVENT THE #1 CHILD PERSONAL INJURY AND DEATH CAUSE IN AUTO ACCIDENTS " »

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Lori Coble was taking her son, Kyle to the Irvine Spectrum for his birthday wish, his first ride on the Ferris wheel for his 5th birthday. On the drive home, His sister Emma, 4, and Katie, 2, his mom and grandmother were struck from the rear by a big-rig carrying 40,000 pounds of electronics. Within hours, the Coble family tragically lost all three children. Unfortunately, this is not a rare occurrence.

According to the Truck Safety Coalition, www.trucksafety.org, more than 5,300 people are killed each year and over 10,000 are injured in truck-related crashes. The statistics are incredible. The number of deaths is equivalent to 26 fully- loaded airplanes falling from the sky each year.

Continue reading "TRUCKS ARE A MAJOR CAUSE OF PERSONAL INJURY IN CALIFORNIA" »

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Well, it’s that time of the year again to “fall back” to standard time. This Sunday, most residents of the US will be turning their clocks back one hour, and going back to Daylight Standard Time. Even though the time change is meant to produce energy savings for the country, it usually leaves everyone feeling fatigued, at least for the first week or so, and that leads to safety risk at home and on the road.

Continue reading "AVOID PERSONAL INJURY AFTER DAYLIGHT SAVINGS CHANGES" »

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According to data released today by Safe Kids Worldwide, kids’ pedestrian deaths dramatically dropped in the last decade. Safe Kids Worldwide is a children’s safety group that promotes changes in laws and attitudes to prevent accidental injury to children. Prevention of personal injury is always more effective than hiring an attorney later. In fact, pedestrian death rates among children are down 40% since 1995. That is great news, so why the drop?

Continue reading "WE ARE WINNING THE FIGHT TO PREVENT PERSONAL INJURY OR PEDESTRIAN WRONGFUL DEATH OF CHILDREN" »

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Imagine driving, almost flying down the road, at 300-plus mph, and ending up in a fireball. That’s what happened to 14-time Funny Car champion, John Force last month that kept the audience holding its breath until they discovered he was o.k. Well, o.k. is a relative term; he had a broken ankle, foot and hand, plus a damaged knee and wrist, but basically, he was going to live. The crash happened in a split second so how could anyone know what really went wrong? It’s not like cars have devices like airplane’s black boxes, right? Well, yes they do, some cars do in fact have black box-like devices that help investigators.

Continue reading "BLACK BOX FOR CARS MAY HELP PROVE PERSONAL INJURY CASES" »

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Last Thursday, Governor Schwarzennegger signed into law AB 478, which requires all bicyclists to use lights on sidewalks and other pathways. That’s great news for you nighttime bike riders, and for the cars that share the roadways with you.

The author of bill AB 478 is Assemblywomen Lois Wolk. She felt that the existing bicycle laws didn’t quite go far enough to keep cyclist safe after dark. The current law only required that the bicycle user use lights on bikes operated on a highway during the early morning, evening, and night hours.

Continue reading "NEW BICYCLE LAW PROVIDES MORE SAFETY FROM PERSONAL INJURY IN CALIFORNIA" »

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Posted In: Car Accidents , Injuries , Motorcycle Accidents

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Cell phone use is one of the leading causes of distracted-driver accidents in California. In a recent study from the Insurance Institute for Highway Safety, drivers using cell phones are 4 times as likely to get into a serious auto accident. Serious accident is defined as one that would require the accident victim to be sent to the hospital.

With road safety in mind, last Thursday Governor Schwarzenegger joined 13 other states and signed a new law banning all teenagers from using cell phones, pagers, ipods and text messaging devices while driving an automobile

Continue reading "PERSONAL INJURY ACCIDENTS INCREASE IN CALIFORNIA DUE TO CELL PHONE USE" »

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Posted In: Car Accidents , Injuries , Motorcycle Accidents

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Within moments of the Buffalo Bills' season opener, tight end Kevin Everett made what was thought to be a routine tackle, but in fact, that incident resulted in a life threatening serious spinal cord injury. Within seconds he became a quadriplegic and his prognosis was bleak. Fortunately for Everett, the medical staff reacted quickly to his paralysis and used an experimental treatment called moderate hypothermia therapy.

When most people think, “hypothermia,”, they normally react and think that this is something to avoid, right? After all, prolonged hypothermia can cause multiple organ problems and even death in severe cases. But since the 1960’s, doctors have been experimenting with using this cooling treatment on serious, life threatening injuries such as brain trauma, spinal injuries, heart attack and strokes.

Continue reading "THE LATEST ADVANCES IN PERSONAL INJURY SPINAL TREATMENT" »

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Posted In: Car Accidents , Injuries , Motorcycle Accidents , Truck Accidents

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Shopping for a new car or SUV is no easy task, especially with so many models and new safety features to choose from. Fortunately, the new NHTSA report is out for 2007 year model vehicles and it is very encouraging. As of September 1, 2007, mandatory safety information for all 2008 model year cars is required to be on the window sticker. Besides newer miles per gallon estimates, consumers will be able to read information regarding government crash-test data for frontal /side crash tests and rollover ratings right on the vehicle itself.

Continue reading "BE CAREFUL ABOUT BUYING AN SUV. SELECT THE RIGHT SUV TO AVOID PERSONAL INJURY" »

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Posted In: Car Accidents , Injuries , Product Liability

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Orange County California: Injury prevention keeps you from having to go to a Lawyer. A manufacturer recently recalled tires manufactured in china, as reported by the Associated Press. If you have these tires, immediately seek to have them replaced and new tires put on your car. These tires have been reported to separate at the tread and can cause roll over and other serious auto accidents.

Continue reading "ORANGE COUNTY CALIFORNIA: CHINESE MANUFACTURER RECALLS TIRES YOU MAY BE USING" »

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Posted In: Car Accidents

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I constantly hear from insurance companies and several misguided public members that the system of compensation for auto accidents overcompensates people for their injuries, or the wrongful death of family members. Of course, if you have never suffered an injury or death in a family, related to the negligence of another, you might hold such an opinion. For the family members of a recent case in our office, the concept that people are overcompensated is just outright nonsense.

In a recent accident, a wonderful, simply lovely, 14 year girl was killed by a driver who ran a red light.

Continue reading "A Wrongful death accident in California never provides adequate compensation to an Injury victim" »

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Posted In: Car Accidents

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Orange County California:
Allen, Flatt, Ballidis & Leslie was pleased to settle its second million dollar case this year. The firm was successful in negotiating a resolution on behalf of their client in a truck vs. bicycle accident which caused significant spinal injury. Fortunately, although the injuries were severe, the client made a good recovery, returned to work, and activities. In Orange county, California jurors are conservative in their evaluation of injury cases. That is why it is crucial to hire a personal injury attorney located in Orange County, and who understands Orange County jurors to maximize settlements and awards. The firm is proud to serve the residents of Orange County and will continue to strive for exceptional results on behalf of deserving injured persons.

Continue reading "Personal injury lawyer settles its second million dollar case in 2007 filed in Orange County Superior Court , Santa Ana California." »

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Posted In: Car Accidents , Truck Accidents

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Allen, Flatt, Ballidis & Leslie this month settled a claim against an adverse driver for $1.25 Million Dollars. The head-on auto accident occurred in Northern California where the case was eventually litigated. Our client sustained a severe "Pilon" fracture injury to one ankle and a broken leg and wrist. She was not able to work as a teacher for 6 months, and incurred $90,000 in medical bills paid by her health insurance.

The Defendant contended that our client made a good recovery and had modest residual symptoms that did not warrant more than $400,000 in settlement. The Defendant also contended he was not liable, but cut off by another vehicle, a claim that was proven to be false. There was also inadequate insurance coverage.

The firm of Allen, Flatt, Ballidis & Leslie located a second, one-million dollar excess policy, and with underlying coverage, was able to satisfactorily settle the client's case for $1,250,000. Congratulations to James Ballidis & Suzanne Leslie of the firm for their hard work and successful outcome.

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Posted In: Car Accidents , Firm News , Injuries

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Sometimes we lawyers are much maligned by the public. Auto accident Lawyer, ambulance chaser, are coined phrases. We can all laugh at ourselves. Here is a good joke I heard a long time ago. What is the difference between a lawyer and a catfish? One is a bottom dwelling scum sucker, the other a fish.

The thought that we have to pay money to lawyers to assert out rights, and the fees they receive just does not give us a sense of justice. After all, in California lawyer fees have to be paid by the party hiring the lawyer, and only in breach of contract actions are the fees recoverable. So the injured victims already start out with less money than they deserve.

Many clients try to handle their claims themselves. Certainly this is possible in small claims court, but not in Superior Court actions. So we have to hire an attorney at great expense. Therefore it is important to get the best attorney you can, one that can maximize the amount you will receive, so that the lawyer fees get paid also.

But let's think of a simple solution. Why not penalize insurance companies that do not treat you fairly. Make them pay all your bills up front, and if they dispute the bills and you win, they have to pay the attorney fees for getting them paid. Why not make them pay for the attorney fees if you have to file a suit and win, or the fees if they mishandle your case. Blue Cross would not deny coverage to so many people if that were true, as reported in recent weeks, because the attorney fees would act as a penalty.

So why don't we enact this legislation? The reason is the fear of reprisal. Insurance companies hire their own attorneys and want to collect attorney fees if you lose. It is different for you than them. YOU ARE THE VICTIM. They are not. Victims should always be protected from additional damages. The Insurance company should always act fairly. They can afford to defend actions, you cannot. Why not make them pay for your lawyer if they lose. If you win more than your offer of settlement, they can pony up all your costs and attorney fees.

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Posted In: Car Accidents

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Have you recently been driving on the road and a driver inexplicably changes lanes, or slows or drives in a manner that gives you very little predictability of their next move or action. When you pulled up to their car or saw the person in the window, were you appalled buy the fact that they were oblivious to you and the danger they posed on the road, talking on their cell phone without a care in the world.

Auto cell phone usage has climbed remarkably in the last several years. So destructive can be the accident or injury when these people are distracted, that recent legislation banned certain behavior and requires more use of earpieces and hand free devices. If it gets bad enough, usage in the automobile might be banned altogether.
But driver distraction is not new to most of us. Have you had the same experience as above, but seen the driver turned, looking at or attending to a child in the back seat of their car. Remember, when I was young I could ride in the front seat, within easy reach of my mother’s backhand. Children and air bags do not mix and we now relegate the back of the car as the child’s playground. Which scenario is worse, the cell phone user focused on nothing but their lovely afternoon discussion or the parent distracted by the unruly child.

Continue reading "Cell Phones and Children are causing more auto accidents than you think." »

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By Brian Lew of Allen, Flatt, Ballidis & Leslie

Look in the yellow pages or take note of television advertising during the middle of the day. What you will find there are a multitude of lawyers. Interestingly, the vast majority are personal injury lawyers. Why is that? When viewing television dramas about the courtroom, you never see personal injury lawyers. There have been hundreds of shows about criminal lawyers, prosecutors and defense lawyers, but if you wanted to locate a prosecutor or defense lawyer in the phone book, you would be hard pressed to find one.

In any yellow page book the personal injury section has by far the most advertisers. Is it that there are more injuries than crimes? Maybe so, but the main reason there are so may personal injury lawyers is because few claims are handled fairly by insurance carriers. If the insurance adjusters handled the claims fairly, they would put the personal injury lawyers out of business. You wouldn’t need one.

Continue reading "Why are personal injury attorneys even necessary?" »

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Posted In: Car Accidents , Injuries , Truck Accidents

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A Small Girl with Preexisting Seizure Disorder recovers for recent Exacerbation. A three-year-old client of the firm was involved in a rearend automobile accident. She had a significant preexisting history of seizures due to premature birth. While under control, her seizure disorder continued to dampen her learning abilities and she was under accelerated care at the time of the accident.

Continue reading "A Small Girl with Preexisting Seizure Disorder recovers for recent Exacerbation" »

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Posted In: Car Accidents , Firm News , Injuries

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So often we have clients come to us after they have completed a course of unsuccessful treatment. Instead of allowing us to guide them with choices of a doctor to address their specific needs, they have instead either relied upon their HMO or general practitioner to direct them, many times with catastrophic results.

Continue reading "THE IMPORTANCE OF CHOOSING THE RIGHT DOCTOR FOR YOUR ACCIDENT!!" »

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Posted In: Car Accidents , Injuries

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Back pain can start after an accident with difficult and painful disability thereafter. Without the right treatment and an understanding about your injury, recovery can be unnecessarily delayed. We will look at several causes of back pain from an auto accident injury.

Continue reading "BACK INJURIES CAN BE A REAL HARDSHIP, HERE IS A PRIMER!!" »

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Posted In: Car Accidents , Injuries , Motorcycle Accidents , Truck Accidents

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The Firm recently hired Michael Mazal, a veteran trial attorney with 17 years jury trial experience in personal injury, casualty and insurance litigation. Mr. Mazal will be lead counsel in several of the firms high profile cases approaching trial.

Continue reading "Allen, Flatt, Ballidis & Leslie Hires Experienced Litigator Michael Mazal" »

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Posted In: Car Accidents , Firm News

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Auto accident victims have been under siege in the last 9 to 10 years in California. It is not an attack you will read about because it is not news worthy, hidden among the issues of our time. It is not a bludgeoning of victims by a

Continue reading "Are Auto Accident victims ripping off the system?" »

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Posted In: Car Accidents , Insurance Disputes

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Insurance premiums have been on the rise for several years. Most people stay with the same insurance company year after year because they assume they must be paying less for their insurance because they have been loyal customers. This may not be the case. If you review the rates you have been paying over the last five, chances are they have steadily increased.

Continue reading "My Insurance Premiums Keep Rising What Can I Do" »

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Posted In: Car Accidents , Insurance Disputes , Motorcycle Accidents

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By Suzanne Leslie Esq.
Most people are not familiar with their auto insurance coverage. I frequently hear “I have full coverage” when in actuality they have very little coverage and may be exposing themselves to personal liability. Here are some basics.

Liability Coverage:

Liability coverage will pay for any injuries or property damage that you may cause to another party should you be at fault for an accident. The amount of coverage you should carry under your policy depends on your assets. If you own a home or have other assets, you should carry a higher liability limit. If you do not have enough liability coverage and you cause a substantial amount of damage to another, you may be personally liable for any amount over and above your liability insurance. You might also consider carrying an umbrella policy if you have several assets or a large amount of equity in your home. This coverage would come into effect if the damage sustained by another person exceeds your liability policy limit.

Uninsured/Underinsured Motorist Coverage: There are many people who drive without insurance. If you are involved in an accident with an uninsured driver, and you sustain an injury, you have a right to make a claim under your uninsured motorist coverage. Your claim would cover your medical expenses, loss of earnings, future medical expenses and pain and suffering damages. In the case where the party who hits you has auto insurance, but their liability limit is insufficient to cover your damages, then you may have a right to collect under the underinsured motorist portion of your policy to make up the difference the other party could not pay. It is a good idea to carry just as much uninsured/underinsured motorist coverage as your liability limit.

Medical Payment Coverage: This coverage will allow for payment of any medical expenses you or anyone in your vehicle may incur, irregardless of who is at fault for an accident. It is important coverage to carry even if you have medical insurance because it can pay for any deductible or co-payments, which you may be personally responsible for. Also should you wish to seek medical attention with an out of network physician, medical payment coverage can pay for that medical care.

Comprehension/Collision Coverage: This coverage provides for payment of any damages, which your vehicle may sustain, whether or not an accident is your fault. If the case where your vehicle is stolen, it would be replaced. This coverage will have a deductible, which applies, so try to carry a deductible, which you feel you would be able to afford should you have an accident.

Rental Car Coverage: Rental coverage is important to carry and does not cost much. If you vehicle is involved in an accident, rental coverage will help pay for a replacement vehicle while yours is undergoing repairs. If an accident is not your fault, many insurance companies will not provide a rental vehicle directly and they will require that you pay for the rental out-of-pocket and later be reimbursed. Sometimes you must wait several months for reimbursement and a rental vehicle might be financially draining.

Suzanne Leslie is a partner at Allen, Flatt, Ballidis & Leslie and is an expert in insurance and auto accident cases.

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Posted In: Car Accidents , Insurance Disputes , Motorcycle Accidents

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In a recent Orange County article to Dear Abby, a passenger complained that the driver of the vehicle she was in, a 20 year long friend, never bothered to call and say she was sorry for causing an accident or even check to she how she was recovering after her injury. Are we in an age where saying you are sorry is not chic?

This topic is often repeated in our offices regularly. It is bad enough that a person causes an accident or injury, it is

Continue reading "Does saying you are sorry for causing an accident or injury really do any good?" »

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Posted In: Car Accidents

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The firm gets a positive result for an auto accident victim. We are pleased to report our recent binding arbitration result for one of our auto accident victims. A woman in her 40's was involved in a collision that caused neck and low back injury. She incurred about $10,000 in medical bills but no wage loss.

Our client was concerned about her future medical needs and any further medical expenses she would incur. She had no health insurance.

The insurance carrier for the other driver contended, through expert testimony, that our client would have only had 4 to 6 weeks of minor pain from the automobile accident, and that any further treatment and symptoms were due to a degenerative spinal condition that existed for many years prior to the accident. The insurance carrier argued that our client's treatment for a period of 1 year was excessive as it related to this accident, and only offered $13,000 in settlement of her case.

Our attorneys were able to obtain a $70,000 binding arbitration result that made for a speedy resolution of her claim without appeal and puts her back on her feet. We salute Michael Bock and the office staff on a job well done.

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Posted In: Car Accidents , Firm News

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California statutes require a vehicle owner carry at least $15,000 of insurance. With the rates of insurance escalating, many people carry the minimum insurance; an amount set more than 25 years ago and unchanged since that time.

You and your family can protect themselves from uncompensated injury and damages. Obtain uninsured motorist coverage. It is very inexpensive, sometimes only several dollars per 6 months and if the other driver does not have insurance or minimum insurance, you are able to use your uninsured motorist coverage. This way you and your family are protected from that person who does not carry sufficient insurance or has no insurance at all.

If you need help with an uninsured motorist claim, call an experienced lawyer in california that can help with your case.http://www.allenflatt.com/lawyer-attorney-1129430.html

While 20 years ago $15,000 would protect a larger portion of the population when an accident occurred, it is hardly enough in cases where someone is significantly injured. An emergency room hospital visit, ambulance and MRI can be as high as $5,000 to $7,000. Therefore $15,000 is going to be inadequate under such circumstances.

So what should a person do if they are faced with what may be minimum insurance and who wants to give a percentage to an lawyer? You should! Let me show you how a qualified personal injury lawyer adds value.

First any lawyer that is faced with a minimum policy case must consider whether it is ethical to collect the full fee, particularly if the injuries are severe. If an lawyer does not at least discuss your concerns at the initial meeting, then you should consider looking for a more qualified lawyer.

There are a number of ways to gain additional recovery than the car owner’s accident insurance policy. FOUR are the most often uncovered:

FIRST: The driver’s insurance should be thoroughly investigated. For instance does the driver have an excess policy? Is the driver carrying other types of insurance? Does the owner of the vehicle have an excess rider that covers persons driving their car? We have routinely uncovered more insurance than was first told to our potential clients, by asking the correct questions early in the case.

SECOND: Was the other driver in the “Course and Scope of any employment”. This is a specific term of art and does not simply mean that the person was on the clock at the time of the accident. If the other driver uses his car to transport materials or go to outside appointments, even if he or she is not going to a specific appointment at the time of the accident, the employer may be responsible since the employer benefits from having the employee driving his or her own car. Transporting tools on a construction job, or salesman who have samples in their car are all successful examples of coverage established by us in cases where there was originally thought to be no or little insurance.

THIRD: Does the driver of the other car have any assets that should be considered before letting that driver out of any claim? Many people own homes outright and can contribute to a settlement or judgment by taking a long-term loan on their home. The choice is always that of the client, but the client should be told of all locatable assets before deciding that they do or do not want to pursue more recovery.

FOURTH: Do you have underinsured motorist coverage? This is coverage that you purchased, (inexpensively by the way if you check your bill) that you might claim against if your claim exceeds the other driver’s coverage. As long as the accident is not your fault, you are entitled to make a claim without your rates being altered. California statutes require however that you collect the full amount of any other insurance from the other party before you are entitled to make an underinsured motorist claim and you must carry greater uninsured motorist coverage limits than the other driver’s insurance limits.

Even in the most dire of circumstances, we have had great success getting more money into the pocket of the client than the doctors or hospitals by advising of limits of insurance and negotiating the reduction or elimination of those medical bills hovering over a client.

You should always consider a personal injury lawyer whenever you are facing trouble because of limited insurance. We are almost always able to get greater sums into the pocket after all is said and done than the client would be able to do. Feel free to call us at 1 888 752-7474 for a free, no pressure, consultation.

Yours truly Jim Ballidis

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Posted In: Car Accidents , Dog Bites , Insurance Disputes , Motorcycle Accidents , Truck Accidents

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