Southern California Injury Law Blog

At around 6:40 p.m. on Wednesday, December 7th, a DUI driver struck and seriously injured motorcyclists Stuart and Elizabeth Lessing in Fallbrook. The collision occurred at the intersection of South Mission Road and Almond Street, when 57-year-old Randall Arnold turned his truck left into the path of the couple’s 2010 Kawasaki motorcycle, the impact throwing them from the bike. They suffered major trauma and were transported to a nearby hospital. Police arrested Arnold on suspicion of driving under the influence of drugs or alcohol, explains a California personal injury lawyer.

San Diego County accounted for 37 of the 383 fatalities and 1,026 of the 10,479 injuries suffered by motorcyclists throughout California in 2009, according to the California Highway Patrol’s Statewide Integrated Traffic Records System. The California Office of Traffic Safety ranks counties for traffic safety based on comparisons to the accident statistics of other counties with similar populations. Higher rankings are considered poor, with 1st place being the worst. That year, San Diego placed 38th for motorcycle safety out of 58 counties.

All of us at Allen, Flatt, Ballidis, and Leslie would like to wish a full recovery to Stuart and Elizabeth Lessing, the motorcyclists who were struck by the DUI driver and seriously injured last Wednesday.

The North County Times originally reported this accident.

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

If you would like to request one of these free resources, or to discuss a specific legal matter with a California personal injury lawyer, feel free to call 866-981-5596.

Shortly before 2:00 p.m. on Tuesday, December 6th, the driver of a pickup truck struck and killed a motorcyclist in Huntington Beach. The 1983 Chevrolet Silverado collided with the 2009 Yamaha near the intersection of Brookhurst Street and Adams Avenue. The rider was declared dead at the scene. Authorities are investigating the accident and have asked witnesses to call 714-636-5666, explains a motorcycle accident lawyer in Orange County.

Huntington Beach accounted for 3 of the 17 fatalities and 67 of the 759 injuries suffered by motorcyclists in traffic accidents throughout Orange County in 2009, according to the California Highway Patrol’s Statewide Integrated Traffic Records System. The California Office of Traffic Safety compares the accident statistics of cities with similar populations, ranking those with the poorest records the highest, with 1st place being the worst. That year, the city ranked 2nd out of 56 cities for motorcycle safety.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of the motorcyclist who was struck and killed by the truck yesterday.

The Orange County Register originally reported this Huntington Beach crash.

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

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

At about 6:40 p.m. on Wednesday, November 9th, a USC student was critically injured in a motorcycle collision with a hit-and-run driver in Los Angeles. While traveling near the intersection of Vermont and Lexington avenues in a burgundy 1993 GMC Safari van, the driver struck the 21-year-old motorcyclist and fled the scene. He was transported to a local hospital to receive treatment for his injuries, including multiple fractures. Witnesses described the driver as a 5-foot 5-inch tall, 170 to 190-pound male Latino, aged 35 to 45-years-old. Authorities have requested that anyone with information about this incident call Detective Josephine Mapson at (213) 972-1840 or (800) 222-8477 to leave tips anonymously, explains a California personal injury lawyer.

Los Angeles County accounted for 80 of the 383 fatalities and 2,709 of the 10,479 injuries suffered by motorcyclists throughout California in 2009, according to the California Highway Patrol’s Statewide Integrated Traffic Records System. That year, 29.6 fewer motorcyclists were killed in traffic accidents than in 2008, the first decline since 1998 and the end of an 11-year, 175 percent increase.

All of us at Allen, Flatt, Ballidis, and Leslie would like to wish the USC student who was critically injured in the collision with the hit-and-run driver a full recovery.

The Los Angeles Times originally reported this motorcycle accident.

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

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

On Tuesday, November 2nd, a drunk driver struck and killed 64-year-old motorcyclist Tommy Kinard in Mariposa County. While traveling westbound on Highway 140 in a 2008 Hyundai, 40-year-old Tammy Lawhon swerved into the eastbound lane, colliding head-on with Kinard. He was pronounced dead at the scene of the crash. Neither Lawhon nor the child in her vehicle was injured. Authorities arrested her on suspicion of driving under the influence and vehicular manslaughter, explains a California personal injury attorney.

Mariposa County accounted for 1 of the 383 fatalities and 27 of the 10,479 injuries suffered by motorcyclists in traffic accidents in California in 2009, according to the California Highway Patrol’s Statewide Integrated Traffic Records System. That year, the number of motorcyclists killed in such incidents decreased by 29.6 percent, the first decline since 1998, marking the end to an 11-year, 175 percent increase, according to the California Office of Traffic Safety.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of Tommy Kinard, the motorcyclist who was struck and killed by the drunk driver yesterday.

The Fresno Bee originally reported this Mariposa County accident.

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

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

Shortly before 7:30 a.m. on Wednesday, August 31st, a driver struck and killed 65-year-old motorcyclist Cheryl Hightower in Big Bear Lake. While traveling north in a 2000 Jeep Grand Cherokee on Greenway Drive, 60-year-old Walter Campbell ran a stop sign at the intersection with West North Shore Drive, colliding with Hightower’s Harley-Davidson. She was pronounced dead at the scene. Authorities are investigating the crash, explains a California personal injury attorney.

Big Bear Lake accounted for 1 of the 32 fatalities and none of the 478 injuries suffered by motorcyclists in traffic accidents in San Bernardino County in 2009, according to the California Highway Patrol’s Statewide Integrated Traffic Records System. Throughout the state, 383 motorcyclists lost their lives and 10,479 sustained injuries in crashes that year—a 29.6 percent decrease from the number of fatalities recorded the previous year.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of Cheryl Hightower, the motorcyclist who was struck and killed by the driver in Big Bear Lake yesterday.

The Press-Enterprise originally reported this accident.

Additional information, including books and articles on the injury and wrongful death claims process, is available to the public free of charge.

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

At about 3:15 p.m. on Sunday, August 14th, a drunk driver struck and killed motorcyclist Jon Boehning in Wildomar. The accident occurred at the intersection of Clinton Keith Road and Palomar Street when 30-year-old Jose Lujan struck Boehning, 47, with his pickup truck. He was transported to a local hospital, where he died a couple of hours later. Police arrested Lujan on suspicion of driving under the influence and vehicular manslaughter. Additional details about the crash have not been released, explains a California personal injury attorney.

Wildomar accounted for none of the 30 fatalities and 6 of the 520 injuries suffered by motorcyclists in Riverside County in 2009, according to the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS). Throughout the state, motorcyclist fatalities decreased by 29.6 percent, from 560 in 2008 to 394 in 2009, the first decline since 1998, according to the California Office of Traffic Safety.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of Jon Boehning, the motorcyclist who was struck and killed by the drunk driver last Sunday.

The Press-Enterprise originally reported this Wildomar accident.

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

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

At around 1:30 p.m. on Monday, July 4th, 24-year-old motorcyclist Walter Gutierrez was killed in a crash on PCH near Mugu Rock in Ventura County. The accident occurred near Point Mugu State Beach when 37-year-old Mindee Martinez exited a beach parking lot, crossing the southbound lane in which Gutierrez was riding to enter a northbound one, causing him to crash into the driver’s side of her Dodge Challenger. He was pronounced dead at the scene. Traffic was stopped for almost two hours while authorities investigated the accident, taking witness accounts from the group of motorcyclists with whom Gutierrez had been riding, explains a California personal injury attorney.

Ventura County accounted for 11 of the fatal and injury motorcycle accidents that occurred throughout the state in 2009, according to the California Office of Traffic Safety’s must current data. That year, the number of motorcyclists killed in traffic accidents in the state decreased for the first time since 1998, marking the end of an 11-year, 175 percent increase. Whereas there were 560 deaths in 2008, there were 394 in 2009, a nearly 30 percent decline.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of Walter Gutierrez, the motorcyclist who was killed in a crash on PCH on July 4th.

The Ventura County Star originally reported this accident.

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

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

Additional articles and blogs on accidents that have occurred throughout the state can be found at .

Shortly after 9 p.m. on Monday, May 9, a pickup truck struck and killed 27-year-old motorcyclist Josue Corado, of Norwalk. The driver of the truck, 24-year-old Josue Avalos, hit Corado when he turned left onto Home Street from Long Beach Boulevard in front of him, the impact sending him 15 feet from the site of the accident. Although paramedics performed life-saving techniques, such as CPR, Corado was pronounced dead at a nearby hospital. Authorities are investigating the crash and a criminal charge is pending against Avalos, explains a California personal injury lawyer.

The National Highway Traffic Safety Administration, NHTSA, has designated May as Motorcycle Safety Awareness Month. During May, Los Angeles Police Department officers will heavily patrol areas frequented by motorcyclists in an effort to prevent fatal and injury accidents through enforcement. With 394 fatal crashes, 2009 marked the end a 10-year, 175-percent increase in motorcyclist fatalities, from 204 deaths in 1998 to 560 in 2008.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of Josue Corado, the motorcyclist who was struck and killed by the truck last Monday night.

The Long Beach Press-Telegram originally reported this accident.

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

If you would like to request one of these free resources, or to discuss a specific legal matter with a California personal injury lawyer, feel free to call 866-981-5596.

On Monday, April 11, 49-year-old Thomas Edward Glaze was involved in a motorcycle accident with a big rig truck in San Bernardino. Shortly before 4 p.m., Glaze was riding west along Orange Show Road when an eastbound big rig struck him while making a left turn. He was taken to a local hospital, where he died days later, reported The Press-Enterprise.

According to the California Office of Traffic Safety, San Bernardino County accounted for 776 of the fatal and injury motorcycle accidents suffered in California in 2009. Statewide, motorcycle fatalities decreased by 29.6 percent from 560 in 2008 to 394 in 2009, the first decrease recorded since 1998, marking the end of an 11-year increase.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of Thomas Edward Glaze, the motorcyclist killed in the accident with the big rig truck in San Bernardino.

Additional information, including books and articles on the injury and wrongful death claims process, is available to the public free of charge.

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

At around 10:45 a.m. on Friday, March 18th, the driver of a gold four-door pickup truck fatally struck 68-year-old motorcyclist Daniel Smilanick on Highway 101 in Oxnard. A police chase ensued after the driver fled the scene. Police pursued the hit-and-run driver, who has been identified as 23-year-old Michael Johnson, into Santa Barbara County, observing him point a handgun at his head and then at an officer before throwing it out of the vehicle’s window. After successfully avoiding several spike strips, he was finally apprehended when he crashed into a patrol car and a guardrail near El Capitan State Beach, according to a California injury attorney.

The number of motorcyclists killed in traffic accidents on California roads and highways decreased by 29.6 percent from 560 in 2008 to 394 in 2009, marking the end of an 11-year, 175 percent continuous increase in motorcyclist fatalities, according to the California Office of Traffic Safety. In addition, the number of fatal motorcycle accidents involving alcohol decreased by 4 percent. Despite these improvements, California remains among the three states that lead the nation in motorcyclist fatalities. However, whereas California led the nation in fatalities in 2008, in 2009 it placed behind Texas and Florida.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of Daniel Smilanick, the motorcyclist fatally struck by the hit-and-run driver in Oxnard.

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

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

On Monday, March 21 at around 6 a.m. 61-year-old motorcyclist Paul Allen Palika suffered a fatal collision with an SUV in San Diego. The Oceanside resident was riding south on Interstate 805 near Balboa Avenue when a gray Lexus SUV traveling in front of him spun out on the rain-slicked freeway. According to investigators, Palika was unable to avoid the SUV and was ejected from his bike when he struck it. He was pronounced dead at the scene. The freeway was closed until 8 a.m. while authorities investigated the accident, explains a California injury lawyer.

From 1992 to 2009, the number of fatalities suffered by motor vehicle occupants in traffic accidents, including motorcyclists, decreased by 26.8 percent, according to the National Highway Traffic Safety Administration’s most recently released accident statistics. During this same period of time, the injury rate for vehicle occupants, including motorcyclists, decreased by 40 percent. In 2009, motorcycle accidents claimed the lives of 4,462 riders and injured another 90,000.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of Paul Allen Palika, the motorcyclist who suffered the fatal collision with the SUV in San Diego last Monday.

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

If you would like to request one of these free resources, or to discuss a specific legal matter with a California injury lawyer, feel free to call 866-981-5596.

At around 7:20 p.m. last night a motorcyclist was seriously injured in a hit-and-run accident in San Marcos. The motorcycle rider lost control of his bike on Montiel Road while trying to avoid a collision with a vehicle that turned in front of him. While skidding out, a Dodge pickup turning left off of Montiel ran him over and then fled the scene. Police later apprehended him. Authorities have asked anyone with information about this accident to call (760) 510-5049, explains a California injury lawyer.

In 2009, the most recent year for which the National Highway Traffic Safety Administration has released accident statistics, 4,462 motorcyclists were killed and 90,000 were injured in traffic accidents. The majority of fatal accidents occurred between a motorcyclist and a fixed object. Peak times for fatal crashes were 3 p.m. to 9 p.m. and 3 p.m. to 6 p.m. for injury accidents

All of us at Allen, Flatt, Ballidis, and Leslie would like to wish the motorcyclist injured in the hit-and-run accident in San Marcos yesterday a full recovery.

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

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

Authorities are looking for the driver who stole a Ford F-150 pickup truck and then struck and killed a motorcyclist while traveling the wrong way on the 215 Freeway in an attempt to evade police. Shortly before 12:30 p.m. last Saturday, San Bernardino police received the report of the theft. Officers chased the vehicle on the westbound 210 near Waterman Avenue until the driver exited the freeway, taking Highland Avenue to Muscupiable Avenue, and then entering the exit ramp of Interstate 215. He struck a 57-year-old Riverside motorcyclist, fleeing the accident scene on foot. Anyone with information on the suspect, who is described as a clean-shaven Hispanic male in his twenties, 5 feet 6 inches tall, with a shaved head, is asked to call the San Bernardino Police Department at (909) 384-5742, explains a California truck accident attorney.

According to the National Highway Traffic Safety Administration’s, NHTSA, 2009 Traffic Safety Facts, 33,808 traffic crash victims were killed and 2,217,000 injured. Motorcyclists accounted for 4,462 of the fatalities and 90,000 of the injuries that year. 2,216, or 48.2%, of the fatalities and 34,000, or 40.5%, of the injuries were the result of a collision between a motorcyclist and another vehicle in transport.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of the motorcyclist who was struck and killed by the driver of the stolen truck in San Bernardino.

The Los Angeles Times originally reported this accident.

Additional information, including articles and books on injury and wrongful death claims, is available to the public free of charge.

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

Shortly before 5:30 last Sunday evening, a motorcycle accident in Oxnard left two women dead. A 22-year-old Oxnard woman and a 20-year-old Santa Paula woman were riding north on Rice Avenue when a southbound Lincoln Town Car struck them while attempting to make a left turn onto Camino Del Sol. One of the women died at the scene; the other woman died at a nearby hospital. Authorities are investigating the crash, explains a California personal injury lawyer.

Oxnard accounted for 1 of the 11 fatal and 15 of the 227 injury motor vehicle traffic collisions that occurred in Ventura County in 2008, the most recent year for which the California Highway Patrol has posted accident statistics. Recently, a report by National Public Radio indicated that while road-related deaths decreased between 2005 and 2009, motorcycle fatalities have increased.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the families of the two women who died in the motorcycle accident on Sunday.

Additional information, including books and articles on the injury and wrongful death claims process, is available to the public free of charge.

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

At approximately 4 p.m. on Wednesday, November 17th, a motorcyclist was seriously injured in an accident with an elderly driver in San Diego. A 90-year-old woman turned left into oncoming traffic near Waring Road and Orcutt Avenue; unfortunately, the motorcycle rider did not have enough time to stop and collided with the woman’s Toyota, fracturing his pelvis and nose. Authorities are investigating the status of the woman’s driver’s license, explains a California injury attorney.

In the United States, 5,290 motorcycle riders were killed and 96,000 were injured in traffic collisions in 2008, according to the National Highway Traffic Safety Administration (NHTSA). That year, motorcyclists accounted for 14% of all traffic fatalities, 17% of all occupant fatalities, and 4% of all occupants injured. Moreover, in 41% of the 2,387 two-vehicle fatal accidents involving a motorcycle and another type of vehicle, the vehicle was turning left while the motorcycle was traveling straight, passing, or overtaking the vehicle.

Everyone at Allen, Flatt, Ballidis, and Leslie would like to wish the motorcyclist who was seriously injured in the San Diego accident with the elderly driver a full recovery.

Additional information, including articles on motorcycle accidents and safety, is available to the public free of charge.

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

At approximately 3 p.m. on Sunday, November 14th, a motorcycle accident in Julian claimed the life of Major Lawrence A. Washington and left another motorcyclist seriously injured. Major Washington collided head-on with the other motorcycle rider while attempting to pass on Wynola Road. The two men were airlifted to Palomar Medical Center in Escondido, where Major Washington died from his injuries and the other man remains in critical condition, explains a California personal injury attorney.

In the United States, 5,290 motorcyclists were killed in traffic crashes and 96,000 were injured, according to the National Highway Traffic Safety Administration (NHTSA). That year, 47% of the fatal accidents were attributed to collisions between motorcyclists and other types of motor vehicles, with 77% of the motorcyclists struck head on. California accounted for the highest number of the fatalities (537), followed by Florida (523), and Texas (480).

As motorcyclists often have only a helmet protecting them from the vehicles with which they share the road, the risk of sustaining severe or fatal injuries tends to be much greater for them.

Major Lawrence A. Washington was assigned to Marine Aircraft Group 16, 3rd Marine Aircraft Wing as an MV-22 Osprey pilot. Throughout his service, he was awarded an Air Medal with five strike-flight designations, two commendation medals from the Navy and Marine Corps, and an achievement medal from the Marine Corps. Everyone at Allen, Flatt, Ballidis, and Leslie would like to offer their condolences to the family of Major Washington.

We would also like to wish the other rider who was injured in the Julian motorcycle accident a full recovery.

Articles on motorcycle safety and accident victims’ rights are available to the public free of charge.

To request an article, or to discuss a specific case with a California personal injury attorney, feel free to call 866-981-5596.

In the early morning hours of Friday, August 6, 2010, California Highway Patrol officers were informed of an injured motorcyclist on the transition road connecting the 405 and 73 freeways in Costa Mesa. As paramedics rushed the motorcyclist to the hospital, authorities began the search for the driver who had left the motorcyclist lying on the freeway after striking him with his commercial truck.

“Collisions between cars and motorcyclists are, unfortunately, quite common,” explained an Orange County injury lawyer, “and two thirds of such accidents are the fault of the driver, not the motorcyclist.”

According to recent CHP reports, 17,158 hit and run accidents occurred in 2008, of which 16,930 resulted in injuries and 228 resulted in fatalities. Hit and run accidents often take a greater toll on an accident victim’s life because there is no one to hold accountable. If the negligent driver is present, then the accident victim can, with the help of an Orange County injury lawyer, seek monetary compensation from the driver for medical bills, lost wages, and property loss or damage. If the negligent driver is absent, the accident victim must cover these expenses on his or her own.

Hit and run motorcycle collisions tend to be particularly devastating. Motorcycles lack the protective shell that a car or truck provides, so the injuries motorcyclists sustain in accidents are usually more severe—as well as more expensive to treat.

“The truck driver who caused this accident must be found and held accountable,” said an Orange County injury lawyer. “I would like to wish the injured motorcyclist a smooth and timely recovery. If he and his family have any questions about their rights and options, they can feel free to call me.”

James Ballidis is an Orange County injury lawyer specializing in motorcycle accident claims. He has also written a book to aid accident victims in the process of researching and selecting a reputable lawyer. For legal advice or to request a copy of his book, Avoid Lawyer Advertising Hype, feel free to call 866-981-5596.

In the early morning hours of June 20th, 2010, multiple cars struck a motorcyclist causing him to swerve off of the highway. The motorcyclist, later identified as Charles Park, 40, of Irvine, was declared dead at the scene.

The accident occurred on the Southbound 55 Freeway transition to the 5 Freeway. The California Highway Patrol received the report at 2:35 a.m. The section of the freeway where it occurred was closed for the next 6 hours.

It is unclear from the Orange County Register’s coverage of the incident what initially caused Park to veer off of the freeway. The time of the accident, however, suggests that alcohol may have played a role, as many Orange County drinking establishments close at 2:00 a.m.

Driving under the influence of alcohol or drugs is one of the nation’s most common and fatal crimes—and motorcyclists are the worst offenders. According to the National Highway Traffic Safety Administration, or NHTSA, the percentage of intoxicated motorcyclists involved in fatal crashes is greater than that of impaired drivers of passenger cars, SUV’s, or pick-up trucks: legally impaired motorcycle riders accounted for 27 percent of fatal accidents on 2006, with 23 percent attributed to passenger cars, and 24 percent to light trucks.

Park’s age and the time at which the accident occurred also increase the suspicion that alcohol was involved. The highest percentages of motorcycle operators who are killed in alcohol-related fatal crashes are between the ages of 30 and 49 years. Moreover, motorcyclists killed in accidents at night are three times more likely to be intoxicated than those killed in the daytime.

Riding a motorcycle is inherently dangerous: there is nothing protecting the rider from other vehicles on the rode. Alcohol impairs the skills essential to riding: balance and coordination. Motorcyclists should take more precautions than the drivers of any other type of vehicle.

While we do not know if Charles Park was intoxicated on that fateful night, we hope his tragic death can serve as a reminder to other motorcyclists to be careful. After over 35 years of helping the victims as a Orange County motorcycle accident lawyer , we often see the families who have lost a loved one and witness the consequences of reckless or impaired riding all to often.

We would like to give our condolences to the Park family, as well as to all families affected by the tragedy that can accompany riding a motorcycle. We wish you and your family a safe summer. Should you ever need our help, feel free to call 866-981-5596 or view our California motorcycle lawyer site for valuable information.

A broken neck and sternum, a punctured lung, a lacerated liver, and a torn aorta, for two months James Kubeck lay in a hospital bed suffering from these injuries, his mind filled with images of the July night in 2007 when he was cruising on his motorcycle down Pacific Coast Highway through Sunset Beach and suddenly a car made a left turn in front of him, causing him to lose control of his bike and crash. He was convinced that a sharp curve in the road—along with buildings and cars parked along the highway—prevented the other driver from seeing him. He decided to sue Caltrans. A California motorcycle accident lawyer is an essential partner in evaluating a case like this.

Caltrans, in response, issued a statement identifying 24 reasons why it was not liable for the accident, including negligence on the part of both drivers. The agency claimed that Kubeck should have been aware of the potential danger and driven more cautiously while rounding the curve. While Caltrans holds the public responsible for knowing the potential dangers of the curb and driving with caution, Kubeck maintains that the agency should have prevented unsafe driving conditions by properly maintaining intersections and roadways.

It is unclear as to whether Caltrans had addressed the threat to drivers the curve posed by placing proper signage warning oncoming traffic of a sharp curb ahead or prohibiting parking along that section of the highway to increase visibility. Such considerations are crucial to determining liability in accidents cases like James Kubeck’s.

At present, the case between Kubeck and Caltrans has not been resolved. Kubeck seeks to be compensated for his past and ongoing medical care, legal fees, and lost wages. After years of helping motorcycle accident victims like Kubrick, we hope he is granted this compensation and wish him a full recovery if the case warrants it.

Determining liability in accident cases in which improperly maintained roadways may be a factor can be a complex process. An extensive knowledge of the relevant government agency’s obligations to the public, as well as a thorough investigation of the accident scene, is often required. During this difficult time for the accident victim and his or her family, an experienced California motorcycle Lawyer will investigate for and advocate on the injured party’s behalf.

James Ballidis is a California Injury Lawyer and the author of several books on California automobile accidents and claims settlement rights. If you would like to request one of his books or have been injured in an accident feel free to call 866-981-5596 or visit our California injury lawyer or California motorcycle lawyer sites today.

California is home to over 1.2 million licensed motorcycle drivers, but with the increase each year of injuries and deaths, the California Highway Patrol, CHP, declared May as Motorcycle Safety Awareness Month. According to the CHP website, their primary mission is to prevent loss of life and injury to all motorists. With so many deaths and injuries occurring on motorcycles, their main focus is to get all drivers trained in the proper use of their vehicles. Last year in California there were 13,252 motorcycle injuries and 586 deaths.

Since 2004, the three top California counties that motorcyclists have been killed in are Los Angles, San Diego and Orange County/Riverside. Statewide motorcycle drivers represent 9.4% of all traffic fatalities, but account for only about 2% of the vehicles on the road. Motorcyclists are 28 times more likely to die in an accident according to the National Highway Traffic Safety Administration.

One of the most important pieces of equipment that a motorcycle driver can have is good helmet. Although not all states require helmet use, California state laws are quite clear that is mandatory. There are two main types of helmets; the three-quarter coverage or full face type of gear. The most important consideration when you purchase a helmet is that it meets U.S. Department Transportation (DOT) and state safety standards.

Last week a Huntington Beach motorcyclist was killed in a tragic collision. David Houck was riding his motorcycle and didn’t slow down in time and hit the back of SUV. He was thrown from the motorcycle and suffered major upper body injuries. However, the CHP said he would have survived the crash if he had been wearing a Department of Transportation-approved helmet.
For the latest Helmet Test Data, visit and search on helmet test data. On their website, brands and models are identified and whether they passed or failed the analysis.

In addition to good protective gear, a good safety course such as the CHP’s California Motorcyclist Safety Program, (CMSP). There are two levels of training; both beginning and advanced. You can find out additional information at their website. There are 124 locations throughout California and the cost is only $250. A few hours of training could just save your life.

By increasing awareness, the use proper equipment and good education, California roads can be shared by both motorcycles and vehicle alike. Drivers of all types of vehicles have a shared responsibility to keep our highways safe.

For more on our firm, motorcycle claims and protection, visit our California motorcycle accident recovery website. Feel free to call us if you need help at 1 866 981-5596 or look at more articles from a California motorcycle accident lawyer.

The same qualities that make California so attractive for tourists and residents--warm weather, sunshine and unique scenery—also make it a popular state for motorcyclists. California is home to more than 1.2 million motorcycle riders, but every year, thousands are involved in collisions.

Because of the increase of motorcycle-car collisions in California, the California Highway Patrol, CHP is creating two new safety awareness campaigns that will raise awareness of motorists sharing the road with motorcycles. In 2008 there were more than 500 motorcyclists that died from collisions with other vehicles; even with helmets on, the risk of traumatic brain injury, TBI is high.

California has the highest rate of TBI’s in the entire nation. 75% of TBI’s come from either motor vehicle crashes or falls and can start as a concussion. Not all head injuries are considered a TBI. A TBI happens only when the brain collides with the bony skull and causes damage to the blood vessels and brain tissue. Furthermore, this damage can interrupt nerve signals going from the brain to the rest of the body, causing a variety of other ailments.
Symptoms of TBI can be subtle and may not even occur until days or weeks after a serious injury. Annual medical costs in the US are over 60 billion a year for hospitalizations and ultimately long-term health care needs. Serious cases of TBI can leave victims needing lifelong rehabilitation medical care.

Just last week a young 27 year old Cal State University – Northridge student was merging on the 101 freeway when the motorcycle she was riding on was struck from behind. In most motorcycle-car accident, 75% of the automobile drivers never see the motorcyclist. She was killed instantly. If injured many motorcyclists do not have adequate health insurance. See this article if you do not have enough medical insurance to cover your injuries.

One of the important factors in creating a safer highway environment is simply being aware of your surroundings. Being a little extra observant can reduce accidents dramatically. The other factor is having motorcyclist reduce their speed on the highway. As in auto crashes, speed kills.

Lastly, the helmet has been saving lives for years now. Now the second generations of helmets are safer than ever and can reduce head injuries by 67%.

The new SuperSkin created by the Belgian company, Lazer Helmets. After years of research they have created a helmet that acts similar to your own bodies’ natural skin to protect your skull. Your scalp actually prevents rotational head injuries in most mild cases and that’s what this new helmet does. It adds an elastic membrane over the hard helmet to decrease rotational forces when a head hits a vehicle or asphalt. It actually cuts the rotational effect by 60% in the critical milliseconds following a blow. This can significantly reduce TBI and other serious head injuries.

The CHP encourages all riders to sign up for their California Motorcyclist Safety Program or CMSP. These courses will teach the basics of safety as well as sharpen the skills of a more experienced rider. For further information, you can contact the CMSP website at www.ca-msp.org/

James Ballidis is the managing partner of a Southern California motorcycle accident specialist firm. See our specialized web site at www.allaccidents.com or visit www.thecaliforniainjurylawyer.com.

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

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

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

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

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

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

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.

“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.

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.

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

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.

Earlier this month a California jury awarded David Allen a $1.85 Million verdict for his 2007 motorcycle accident involving a beer truck. On the surface it may seem like a lot of money but when you consider extensive personal injury, surgeries and a lifetime of medical care, that doesn’t even come close to getting his life back to normal.

The accident happened as a beer truck, from the Bottomly Distributing Company was attempting to make a U-turn in the middle of a busy residential street. The truck driver waived the car behind him to go around his vehicle and into the oncoming lane of traffic, where unfortunately, Mr. Allen was driving his motorcycle. He was struck head on and sustained massive injuries.

The California jury concluded that Bottomly Distributing Company caused the accident by negligently and carelessly waiving the driver into the opposite lanes of traffic, and the driver’s actions were 100% responsible for the Mr. Allen’s injuries.The company denied liability and offered a small settlement.

A professional truck accident attorney can fight for your rights even if the truck company refuses to honor their obligations. If you’re involved in an auto or truck accident protect your rights by hiring a professional and competent attorney. Call us for a free consultation at 1 888 752-7474. Recovering from your injuries is just the first step to your recovery, but seeing the “big picture” is your attorney’s responsible and duty. We can help.

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.

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.

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.

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

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

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

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

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

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

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

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

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

In a recent California truck accident case a semi truck pulled unexpectedly from a stop sign striking a motorcyclist and killing him. The motorcycle rider was survived by four children. The four children were adults and so therefore id not rely upon the deceased for support.

In wrongful death cases of this nature, where liability may not be in dispute, and is relatively clear, the valuation mainly focuses on the value placed on the loss of life. In loss of life cases, not only is the loss of care love of society evaluated, but also loss of earnings and support.

The surviving family sued the driver alleging that he had failed to keep a proper lookout before pulling from the stop sign. The case settled for $1.75 million paid before trial based upon the damages and loss of consortium of the family.

Wrongful death claims never fully compensates the family for the loss of their loved one. In this case, there was at least an attempt at Justice and a conclusion by the family that the settlement was satisfactory, avoiding the hardship of trial.

A competent California truck accident lawyer understands the implications of wrongful death our family who may not even be relying upon their deceased father for support. This case demonstrates not only the need to hire a California truck accident lawyer, but also a lawyer that understands wrongful death valuation and can successfully obtain compensation for the family.

If you have been a victim of a truck negligently operated truck truck or have suffered the wrongful death of a loved one because of such negligent conduct, please seek out a competent California truck accident lawyer. You're always welcome to call us for a free consultation at 1-888-752-7474.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

With oil prices reaching $100 per barrel, who wouldn’t want to find transportation alternatives to gas guzzling automobiles. In the last decade, motorcycle dealers have seen a 24% increase in sales. Moreover, the motorcycle industry reports that each year over 1 million units are sold so motorcycles are here to stay. Orange County as well as California in general, has lots of open spaces and country roads—places motorcyclists love to be!

Continue reading "MOTORCYCLE RIDERS ARE DEMONSTRATED TO BE SAFER THAN AUTO DRIVERS!!" »

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

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

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

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

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

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

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

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

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

Last week, Joseph McPhatter, a family man from Maryland was involved in a terrible motorcycle accident. Typical situation; cut off by a motorist, was ejected 100 feet from the site of impact and hit the ground at 140 mph. No, he did not die, but in fact, he had minor injuries and was able to return to his family that evening. How is this possible? He was wearing a new “impact jacket”. This new jacket essentially gives the motorcycle driver an “airbag” around them when they crash.

This was the first case in the US where an impact jacket has saved the life of a person. However, police departments in Japan, Spain, Brazil and Taiwan have recently benefited using these devices to save officers’ lives. Motorcycle accidents are the third killers of law

Continue reading "NEW MOTORCYCLE JACKET SAVES RIDER FROM SEVERE PERSONAL INJURY" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Liability Coverage:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Yours truly Jim Ballidis