On October 25, 2009 Robert Hamilton, 37, was killed in a car accident, according to The Press Enterprise. Mr. Hamilton was traveling with a friend, Rick Batiste in Adelanto, when the vehicle went out of control, flipped over and landed on its roof. The auto caught fire. Mr. Batiste was able to be out of the vehicle but Mr. Hamilton was not, and died at the scene. Police are investigating what made the auto go out of control and catch fire.
The California Highway Patrol reported that Adelanto is the scene of several fatalities and numerous injuries from car accidents. In the year 2007, San Bernardino County reported 308 deaths and close to 10,000 injuries involving motor vehicle accidents.
Something caused this vehicle to flip over – perhaps it was a vehicle defect or mechanical malfunction. Police report that Mr. Hamilton was not driving recklessly and alcohol did not play a part in the accident. If investigators determine that the accident was because of a product defect, Chevrolet, the manufacturer of the vehicle, could be liable for the accident. The family could check into filing a wrongful death claim for compensation to cover the funeral, lost wages and any expenses resulting. An experienced and aggressive personal injury lawyer can advise them of their legal options.
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\\ tags: attorney, car accident, lawyer, San Bernardino, vehicle roll over
According to the Orange County Register, five people were involved in a head-on crash on the 91 Freeway today. Two women from San Bernardino were killed. The accident happened early this morning, around 3:00 a.m.
A motorist was driving the wrong way in the Fast Trak Express lanes – she was heading west in the eastbound lanes. She collided with a 2009 Chevy Silverado carrying four passengers - two young girls, ages 11 and 15 were hospitalized. The passengers in the Chevy were not wearing their seatbelts. The 21 year old driving the Toyota Tacoma in the wrong direction was the only one wearing a seatbelt. She was rushed to UCI Medical Center and is facing charges of driving under the influence.
As a serious injury attorney, I see clients every day with cases just like this one. Tragedies caused by the negligence and carelessness of another human being. But it’s so sad when the injuries are multiplied because simple precautions like wearing a seat belt weren’t taken. Please don’t misunderstand. The accident was clearly not the fault of the the family in the Chevy, but it’s my sincerest wish that they had been wearing seat belts. Unfortunately, we will never know how much of the injuries could have been prevented had they been wearing their seatbelts. Wearing a seatbelt increases your chances of surviving a serious crash, such as a head-on collision.
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\\ tags: attorney, car accident, Head on collision, San Bernardino
In the November 2009 journal from the American Academy of Pediatrics there is an excellent article regarding booster seats for children 4-8 years old. It describes how proper booster seats reduce injuries children sustain if involved in a car accident. To read the entire article, visit http://pediatrics.aappublications.org. A few years ago, the San Bernardino County Traffic Safety Task Force worked with the SAFE KIDS Inland Empire organization to educate families about the importance of child passenger safety. One of their goals was to clarify the some of the misunderstood points about California’s child car seat laws. California laws require a child to sit in a safety seat or booster seat in the back seat of a motor vehicle until at least 6 years old and/or 60 pounds.
However, it is an unfortunate fact that the safety precautions that you take are only as good as the products that you place your trust in. Recently the National Highway Traffic Safety Administration stated that the Dorel Juvenile Group issued a recall for over 28,000 Maxi-Cosi Micro Infant Child Restraint Systems that they manufactured. Apparently, the base has a tendency to warp and does not protect the child the way it should in the event of an accident. The company will send all registered owners a new base.
Defective products can include design and manufacturing defects, mislabeling and deceptive marketing. Improper labeling or warnings can cause devastating injuries to your child. If the manufacturer has taken short cuts to bring the product to market, they can be held responsible for injuries caused by their defective product. But only an experienced defective products attorney can cut through the complex web of information that the other side’s attorneys and insurance companies’ attorneys will throw up to hide their mistakes. If you have been involved in an accident where there was a defective product, you should immediately contact an experienced personal injury attorney.
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\\ tags: attorney, Defective Products, Inland Empire, lawyer
Big rigs and other large truck accidents can cause serious injuries. This is due to the truck’s sheer size and weight. Many big rigs weigh over 80,000 pounds - compared to an automobile that typically weighs 3,000 to 4,000 pounds. This huge size difference makes it difficult for the truck driver to see every vehicle around the truck and this can be dangerous.
A car and truck accident usually involves serious injuries to the passengers of the car; the truck driver very often walks away with minor injuries or nothing at all. Personal injury accidents involving big rigs or semi-trucks or tractor-trailer trucks, are more complicated than an accident involving two cars or a even a motorcycle. Often, there are factors involved that wouldn’t even come up in a run of the mill car accident. Negligent scheduling by the the trucking company, poor maintenance of key equipment, and even defective truck parts can all come into play.
But only an experienced truck accident attorney who is familiar with trucking regulations knows how to proceed in a personal injury lawsuit to get the best possible results. They know how to deal with the trucking industry. It just isn’t good enough to get “some compensation” for the victims of these horrific accidents. The degree to which the victims are injured, I think demands the best representation possible.
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\\ tags: attorney, California, lawyer, Truck Accident
I heard about an serious accident that happened the other night, here in town. A local woman called the San Bernardino City Fire Department and reported that her father had been in an accident.
At the scene, the firefighters found two passengers in a Chevy hatchback. The car was sitting on the edge of a vertical wall on the flood control channel. The firefighters pulled the vehicle back with ropes and a rescue stabilizer then removed the passengers with the Jaws of Life.
The male driver died at the scene; his female passenger (a friend, not related to the driver) sustained head injuries and was taken to a local hospital for treatment. The daughter was also a passenger in the car; she was able to get out of the vehicle and was not injured.
This kind of situation is not uncommon. Many of my clients find themselves injured in accidents that were caused by the negligence of a friend or someone they know socially. It can be tricky on a personal level to bring a lawsuit against someone you know. But depending upon the extent of the injuries it may be the only recourse to getting the proper compensation for damages. Consult with an experienced injury attorney. In my practice, I have seen numerous situations like this and often the responsible party’s insurance policy (homeowners and/or auto) covered the damages. Your situation may be similar or may be completely unique, either way a seasoned attorney can provide insight and guidance to your problems.
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\\ tags: accident, attorney, insurance, lawsuit, lawyer, San Bernardino
It is difficult to get through the day when someone close to you dies from cancer, a heart attack, or another disease, but when someone dies because of the negligence of another person, that seems unforgiveable. The law in most states allows the victim’s family to file a wrongful death lawsuit.
A friend asked me a good question recently. “What happens if the victim was in a same-sex relationship? Does the partner have any rights to pursue a wrongful death claim?” These two women were in a committed relationship for 15 years. They made each other the beneficiary of each other’s assets. A few weeks ago, one of the partners was hit by a car that went through a red light; she died instantly.
I advised my friend that several years ago a San Francisco judge, Superior Court Judge A. James Robertson II, made a groundbreaking decision regarding same-sex partners. He advised that if a partner could not sue for wrongful death, she would be denied equal protection under the California Constitution. This major victory was the first in the entire country, not just California. It was discovered that California Code of Civil Procedure Section 377.60 does not define surviving spouses when it comes to filing wrongful death suits. Because of Judge Robertson’s decision, California Code Civil Procedure Section 377.60 now reads, “…. (a) the decedent’s surviving spouse, domestic partner, children…. who would be entitled to the property of the decedent by intestate succession.”
If you were in a domestic partnership and you lost your loved one because of wrongful death or the negligence of another person or company, don’t give up, contact a personal injury attorney who understands the rights of same sex couples and can fight for what your partner would want you to have.
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\\ tags: attorney, California, Riverside, same sex couples, wrongful death
Over 30% of adults 65 or older will fall in the coming year according to the CDC. The risk of falling increases with age. Falls are the most common injury for older people. A wet floor or a cracked walkway could cause considerable injuries. These falls will cause serious injuries, such as head or brain injuries. Hip fractures (more common in women than men) make it difficult for seniors to live on their own. Many older adults who have taken a fall become afraid that it will happen again, causing them to limit their activities. Adults over 75, when they fall, most likely will become residents of a long-term care facility for a certain time or for the rest of their lives.
There are a number of ways to prevent slips and falls in your home, which include removing hazards (rugs, clutter), installing handrails, installing grab bars in the bathroom, etc. Other ways are exercising and telling your doctor if a medication makes you dizzy. Visit www.webmd.com/healthy-aging/prevent-slips-falls for more information.
What many don’t realize is that even if you haven’t taken the precautions at home to prevent falls, the law requires those responsible for public spaces to take steps to prevent injury from slip and falls. This means timely cleanup of spills, warning signs for wet floors, and adequate safety measures like railings and handrails, etc. If you fall in a public place, remember to consult an attorney experienced in slip and fall cases for help.
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\\ tags: Add new tag, attorney, lawyer, San Bernardino, Slip & Fall - Premises Liability
I read a very interesting article in the New York Times regarding medical malpractice. The writer, David Leonhardt, said, “The current system appears to treat actual malpractice too lightly. Trials may get a lot of attention, but they are the exception. Far more common are errors that never lead to any action.” I could not agree more with Mr. Leonhardt. I’ve been practicing law for over 25 years and in that time, I have tried many medical malpractice cases; intensely scrutinizing the medical profession and it’s practices. I know that there are many more situations of malpractice than are ever brought to justice in a courtroom.
Thousands of people die each year from easily preventable medical errors, making medical malpractice the sixth leading cause of death in the United States. All it takes is for a physician to do something he or she should not have done, or fail to do something that should have been done or even fail to diagnose a deadly condition. Medical malpractice laws protect a patient’s right to request compensation if they are injured.
We place our lives in the hands of our doctors. But when doctor negligence happens, we need to place our trust in the hands of an experienced medical malpractice attorney. It’s important to keep in mind that the statute of limitations for medical malpractice in California requires that a lawsuit must commence within three (3) years of the date of injury or one (1) year after you reasonably should have discovered the injury, WHICHEVER OCCURS FIRST. With that said, there are several exceptions to this general rule that a knowledgeable medical malpractice lawyer should be able to clarify for you.
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\\ tags: attorney, lawyer, Medical Malpractice, Personal Injury, statute of limitations
A young man came into the office this week. He had been attacked by his friend’s large breed dog several years back. This dog had crushed his forearm tearing muscles and severing nerves. He had to have reconstructive surgeries for his injuries. But he had been so conflicted about suing his friend for damages that he never contacted a lawyer. His injury affected his work and his ability to obtain new work. Still, he didn’t make a claim, because he didn’t think that his buddy could afford it. But very recently, he had a falling out with the dog’s owner and came looking to me for assistance.
This young man’s situation is terrible, but in ways that may not be obvious. Although the law is clear that the owner of the dog is responsible for any damage or injuries it does. There is also a clear statute of limitations, or a time limit, of when a claim can be filed after the date of the initial injury. For most personal injury claims, it’s two years after the accident. It was too late for this young man to file a claim. Secondly, what he didn’t know is that in many cases, the dog owner’s homeowners insurance policy’s general liability provision can cover this type of claim. His concern over his friend’s financial status may have been unnecessary. This is why it is so important to speak to an experienced dog bite attorney immediately after the injury occurs. The young man could have had a very different experience had he spoken to me early on.
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\\ tags: attorney, dog bite, lawyer, Riverside, statute of limitations
Welcome to my blog. Every day, I get to experience the whole range of human joy and devastation. The stories of devastation, human struggle and triumph are not just impersonal tales of someone far away. I see it daily in my San Bernardino personal injury practice. I admire the will, grit, and sheer strength of the people who walk into my office everyday. I want to share some of that with you. The law is my passion, and I am lucky to be able to use my knowledge as an accident attorney to defend and uphold the rights of those brave men and women who come to me.
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\\ tags: attorney, Law Firm, lawyer, San Bernardino
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