Southern California Injury Law Blog

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

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

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

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

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Posted In: Car Accidents , Firm News , Truck Accidents

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

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

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

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

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Posted In: Car Accidents , Injuries , Truck Accidents

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

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

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

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

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Posted In: Car Accidents , Motorcycle Accidents , Truck Accidents

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

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

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

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

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Posted In: Car Accidents , Injuries , Truck Accidents

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Dieu Vu, 72, was an active adult, business owner and Vietnam War survivor but he didn’t have a chance while riding his tricycle across the busy intersection of Beach Blvd and Edinger Ave recently. Each morning he rode his adult tricycle to work out at the Bally’s Total Fitness on Beach blvd. This morning he went out as usual but while crossing this busy intersection, a raised truck which was turning right on a green light did not see him and he was instantly killed.

Truck drivers have limited vision in their mirrors and also to their right along curb lines. This danger is frequently the cause of truck accidents.

The Orange County coroner’s office has not confirmed the injuries that caused his death but the police have released the driver, Michael Sindar of Westminster. Sindar claims not to have seen Vu while making the turn onto Beach Blvd. Was his truck too high? Was there something obstructing his view? Was this a dangerous intersection?

Actually, this is a known dangerous intersection with blind spots but only a n experienced Orange County personal injury attorney will be able to examine all of the evidence and do a comprehensive search for the facts. If you have experienced a similar accident, don’t hesitate to contact an experienced Orange County personal injury lawyer as soon as possible.

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Posted In: Truck Accidents

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

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

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

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

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

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

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

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Posted In: Car Accidents , Injuries , Truck Accidents

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Posted In: Car Accidents , Injuries , Truck Accidents

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

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

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

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Posted In: Car Accidents , Injuries , Truck Accidents

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An Illinois jury punished a company and their driver for a 2004 accident and pile up where the driver was operating the truck on a suspended license and when he falsified a trip log. A trip log is to be kept by drivers as proof they are not working too many consecutive hours and tired, a factor that heavily increases the likelihood of an accident. Trip logs and other safety measures are in place to protect the public from such accidents, as set forth in this California Truck accident attorney article.

The jury ordered the trucking company C.H. Robinson Worldwide and other defendants to pay $23.75 million to the victims of a 2004 tractor trailer crash that killed two people and injured several others. Jurors found that the driver of a truck was negligent in the crash.

The only way that trucking companies will enforce the rules on drivers to maintain a valid license and properly maintain and follow trip rule guidelines, is to punish them when they don't. Sometime, like a child, a stiff penalty will make them remember to follow the rules, especially when lives are at stake. If you are a victim of a California truck accident call a California truck accident attorney for a free consultation at 1 888 752-7474.

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Posted In: Truck Accidents

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

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

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

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

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Posted In: Car Accidents , Injuries , Truck Accidents

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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.

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Posted In: Motorcycle Accidents , Truck Accidents

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Posted In: Car Accidents , Injuries , Truck Accidents

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How often have you signed up for a gym membership, signing assumption of risk and waiver of liability forms without reading them. What would you do even if you did read them. Would you really not join a gym if it simply said that you assumed all of the risks that were known and unknown at the time of the signing of the document?

The law of assumption of the risk in California has been morphing into a very strict application as against the consumer. Several well-known cases have demonstrated a continued restriction on the ability of a person to file a lawsuit against the company if they have signed an assumption of the risk document. The most bizarre of these examples was a case involving a television set mounted improperly on the wall of a gym. As the patron was walking by, the television set fell on him causing him significant injury. Because he had signed a waiver and assumption of liability risk form with this well-known Gym, the court concluded that he'd waived his right to bring a lawsuit. I doubt any of you would have anticipated and injury from poor installation of a television, and when it fell on your head causing serious injuries as you are walking by, you would agree i when you signed assumption of risk documents, that you would not sue. In fact you probably would assume that the facility is under obligation to make it safe for your use.

There are several excellent defenses to assumption of the risk but they are hard to enforce. It takes a very skilled personal injury attorney to advocate waiver of assumption of the risk. In several high-profile cases that this office has handled over the years, we have been successful in avoiding assumption the risk claims. There are several keys to unlock challenges to signed assumption the risk forms

1. Inspect carefully the release and assumption of risk document to determine whether it is too vague, too broad, or does not comply with the language consistent with cases on the subject

2. Make sure that the defendant can produce the actual signed copy of the assumption of the risk document. We have found that there are numerous occasions where there is a subsequent record of the signing of such a document, but the original document cannot be produced.

3. Make sure that the assumption of risk document was signed by the actual client who was injured. In a gym membership for instance, a spouse who signs up both spouses may be precluded from bringing in action, but the non-signing spouse may still have rights.

In a recent case of Kindrich v Long Beach Yacht Club 167 Cal App 4th1252, a man was injured when disembarking a boat, causing his broken leg. The lower court held that this man could not sue, because he had executed an assumption of the risk document, and was precluded from being bringing an action. However on appeal,, the Court reversed advising that the injuries were actually due to something other than sports and sporting activities, therefore the traditional rules of assumption of the risk would be applicable, and are far less severe than gym membership cases such as the one that was noted above.

If you have a personal injury case and you've signed an assumption of the risk document, consult a personal injury attorney immediately to advance your cause. Don't give any statements to the other side until you've consulted with this attorney, to ensure that all of your rights are protected. As always feel free to contact our a truck or personal injury attorney for a free consultation at 1888 752 7474.

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Posted In: Injuries , Insurance Disputes , Product Liability , Truck Accidents

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Recently, there has been an increase in truck related accidents on the local freeways. In part this is due to increased rain in southern California. But this increase has also been related to poor driving habits of local drivers. In two truck accidents on southern California highways, driver error and not the weather, have been the cause stated in CHP reports. As we continue to have more traffic, truck drivers and motor vehicles have to share more road. This causes more congestion and more difficulty negotiating the freeway on and off ramps. With the further economic downturn there is also a cost cutting attitude underway, hiring of independant trucking companies that skimp on roadway safety.

If you have been a victim of an auto vs truck accident, call a competent California Truck Accident Lawyer to protect your rights.

Call us a t 1 888 752-7474.

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

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

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

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

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

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

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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.

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Posted In: Injuries , Motorcycle Accidents , Truck Accidents

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A number of articles in legal journals and newspapers have recently been pointing out what seems to be a significant increase in truck accidents at interstate interchanges. Our office as a California Truck accident attorney firm has also noted an increase in reported collisions and cases. Interchanges in California and in Orange County have been particularly noted. The 605 to 10 freeway interchange, the 5 to 57 freeway interchange 405 to 5 freeway overpass interchange northbound are just some of the examples. Why are we seemingly experiencing an increase in the number of truck accidents at these interchanges.

As a truck accident attorney, we frequently see the remnants of a truck accident and the damage that it can cause. It is been our experience in handling a number of truck accident victim cases, that with the increased speeds of vehicles and trucks traveling on the freeways, there is inadequate on-ramp off-ramp exposure to allow the truck time to merge or exit.

The prudent truck driver, of course, prepares for this contingency by early lane changes and by maintaining a safe speed. Unfortunately, in more recent accidents, truck drivers are either less experienced, less dedicated than their forbearer's to safety, or there seems to be less policing of their driving habits.

It is not unusual, for instance, to see a large 18 will semi truck traveling in the number two or number three of a 5 Lane Hwy., rather than in the slower right hand lane. This makes other cars vulnerable to the erratic lane changes of the truck, and may even impede the truck driver's ability to move over timely to enter or exit a freeway. Additionally, as evidenced by the recent case of criminal conviction of a truck driver, truck drivers are increasingly tired, over extending their trip times, and not complying with their duties and the law designed to protect the public using public roads.

Reconstructing our freeways does not appear to be a reasonable solution. The cost and congestion would undermine the effort and potentially cause additional accidents or collisions. Instead we would advocate that the policing of trucks be more rigorously enforced. In California, as Truck accident attorneys, would recommend that laws be adopted that only allow trucks to travel in Lane' other than the far right, when passing are overtaking other vehicles or trucks. This would protect motorists from aggressive unexpectedly changes by semi trucks. As a personal injury attorney dedicated to reducing truck accident victims, I would also recommend that stiffer fines be imposed upon not only the driver but also on the company that they operate trucks for in the event that they are traveling in excess of 55 on our speed limit designed to protect motoring public.

Lastly it would be worthwhile for trucking companies to be required to adopt a periodic retraining and review of rules designed to protect motoring public and to hold those companies accountable if they cannot produce evidence of compliance with that effort.

None of these recommendations are urged at her in, but common sense. However until we required the trucking companies complied and bring their drivers to bear our roads will not be as safe as they seem to be 10 years previously.

If you've been a victim of a truck accident please feel free to contact us for a free consultation at 1-888-752-7474 or contact us at Truck accident attorneys,.

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Posted In: Injuries , Insurance Disputes , Truck Accidents

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

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Posted In: Car Accidents , Injuries , Truck Accidents

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

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

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

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

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

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

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

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

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Posted In: Car Accidents , Injuries , Truck Accidents

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

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

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

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

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

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

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

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

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

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

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

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Posted In: Car Accidents , Injuries , Truck Accidents

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

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

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

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

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

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Just this week in Orange County, we had a few big rig accidents that closed local highways and caused serious personal injuries to the passengers in these cars. Trucker accidents are on the rise and there are multiple reasons. Normally truck accidents are associated with speeding, blown tires or weather problems. However a new study by the National Transportation Safety Board, NTSB, has concluded that many trucker and bus accidents are actually caused by sick commercial license drivers actually experiencing seizures, heart attacks and unconscious spells behind the wheel.

According to the Truck Safety Coalition, www.trucksafety.org/ , more than 5,300 people are killed each year and over 10,000 are injured in truck-related crashes. Additionally, 98% of the fatalities involving trucks and automobiles are the occupants in the car. Since 1982, over 126,000 people have killed in large truck crashes and several thousand more have experienced severe personal injury.

Since 2001, the U.S. agency responsible for cracking down on unfit drivers, the Federal Motor Carrier Safety Administration, have acknowledged that they haven’t completed any of the eight recommendations that the U.S. lawmakers have proposed. One of the most important ones is that there be a minimum medical standard of safety to drive. Many drivers tend to “doctor shop” if they have a medical problem that would otherwise prevent them from obtaining a commercial driver’s license.

Gerald Donaldson, a highway and auto safety expert recently stated that we have a major safety problem on our nation’s highways. House lawmakers are currently trying to merge databases containing commercial licenses and medical certificates. This is no easy battle and there are many in the trucking industry that opposes this issue.

Close to 10% of all truckers on the road today are also eligible for disability benefits. Recent accidents in California and other states include drivers under the influence of illegal substances, a driver with lung disease and experiences “blackouts”, undiagnosed sleep disorders, seizures, and other serious medical conditions. This is in addition to the drivers who use excessive speed and who are typically overworked and tired—this is a deadly combination.

Last month a California bus driver named Quintin Watts was arrested for driving, possibly under the influence, of some type of drug. He not only had a lengthy criminal record and a history of substance abuse, he did not have the proper commercial license to be transporting a bus load of people. The bus crashed, killing eight people and causing serious injuries to 30 others. Witnesses reported that he drifted into the other lane of a two-lane rural road, then overcorrected and subsequently rolled over and ended up in a ditch. This is one example of a preventable tragedy that did not need to happen. If transportation companies and regulators did their jobs performing proper background checks, including checking for appropriate licenses, this could have been averted.

With all of the trucker problems today, congress is considering increasing the load requirements to allow even bigger rigs on the highways. Many highway safety groups and citizens for auto safety naturally oppose such legislation. Lobbyists for the trucking industry propose increasing loads from 80,000lbs to 97,000lbs, even though scientific evidence is clear regarding safety issues of larger trucks on the road. Longer stopping distances, more difficult controllability and bridge safety are all public concerns.

Have you been injured in an accident involving a truck or bus? Contact an experienced personal injury attorney specializing in truck accidents at 1 888 752-7474. We can help you through your ordeal. Our office has handles a number of large injury cases involving trucks in the last 25 years and we specialize in recovery for truck accident victims. Call today.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stay safe and enjoy each day.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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By Brian Lew of Allen, Flatt, Ballidis & Leslie

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Yours truly Jim Ballidis

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