Southern California Injury Law Blog

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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Posted In: Car Accidents , Injuries

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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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Posted In: Car Accidents , Injuries

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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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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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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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Posted In: Car Accidents , Motorcycle Accidents , Truck Accidents

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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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Posted In: Car Accidents , Injuries

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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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Posted In: Car Accidents , Insurance Disputes

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

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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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Posted In: Car Accidents , Injuries , Truck Accidents

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

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