Dec 12

A wrongful death happens because of another person’s negligence or actions.  A wrongful death lawsuit is a claim against that person who may be liable for the death.

 

Most cases are filed by a close relative.  California law provides for financial damages to be recovered.  These include all financial support, past and future, provided by the decedent before death, funeral and burial expenses.  Non-economic damages, such as the loss of your loved one’s companionship, love and affection can also be recovered.

 

If you have lost a family member because of someone else’s actions, contact an experienced San Bernardino Personal Injury attorney regarding your options.

 

Depending on the nature of the case, California law states that a wrongful death action must be filed within two years of the date of the death – other time periods apply to other cases. Your attorney will know how long you have to file.

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May 17

For those of you who travel to Big Bear Lake, you know that Highway 38 is the most recommended road to use.  The road has the fewest curves and offers beautiful scenery.  However, automobiles and trucks are not the only vehicles that use it – bicyclists use it also. 

The speed limit is 55 mph and bikes cannot go that fast.  There used to be signs at the bottom of the hill that read, “Pedestrians, Bicycles, Motorized Bicycles, Non-Motorized Traffic is Prohibited.”   After a forest fire years ago, the signs were removed and never replaced.  This makes for a dangerous situation when there are bikes riding along the highway and cars stuck behind them. 

Common sense says that a vehicle that cannot go as fast as the speed limit should not be allowed on a single lane highway.  Until that is changed, I hope those of you on that road will take a deep breathe and be patient for the bikers – learn how to share the road!

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Apr 06

The Inland Valley Daily Bulletin recently reported that a 22-year old man was critically injured when a car hit him on March 28 at the intersection of Mission Boulevard and Oaks Avenue in Ontario.  The driver of that car left the scene without stopping.  He was lying in the road when police arrived.

Police believe the man might have gotten into an argument with the other driver while at the intersection.  They are investigating whether the driver deliberately hit the man.  Police are asking anyone who witnessed this accident to contact them at 909-986-6711.

Leaving the scene of an accident is a serious crime in California; the driver should have remained until the police arrived.  According to California Vehicle Code Section 20001, “The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident.”

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Jan 23

A construction site is a potentially dangerous place to be; unfortunately, it is the workplace for thousands of construction workers.  Construction workers not only work at elevated heights, they also lift heavy objects and operate large machinery.

Many construction site accidents happen because of negligent contractors or site managers.  A few examples of typical accidents include a building that collapses because of defective construction and/or materials, scaffolding that falls, fires or explosions, a worker that falls from a high area or falling objects that hurt workers or individuals below.

If you are the victim of a construction site accident, please contact an experienced Personal Injury attorney who will investigate the safety regulations in place.

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Jan 12

Unfortunately, the New Year brought pain and suffering to a 9-year old girl in Big Bear.  An unidentified snowboarder ran into a 9-year old girl causing her injuries.  The snowboarder sped away without stopping to see what he did or if the little girl was okay.

 The girl received a compound fracture to her femur plus several severe facial injuries.  She was flown to a local hospital for medical treatment.

Authorities are asking anyone who witnessed this accident to call them at 909-866-0100 with any information they have.  The snowboarder is a white man somewhere between 25 and 30 and about 5 feet 10 inches.  He was last seen in a black and white jacket, black pants and holding a black snowboard.  It is a crime to leave the scene, especially when someone is need of medical attention.

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Jan 10

Slip and fall accidents cause thousands of injuries every year.  A slightly wet floor in a supermarket can cause a broken leg or permanent spinal cord damage.  It can land an individual in a wheelchair for the rest of his or her life.

 Who is responsible?  Premise liability law governs slip and fall accidents, determining who is at fault - every case is different.  The court asks if the property owner took all precautions to make the area safe, was the victim careless?  A victim must prove that the property owner caused the unsafe condition by knowing about the situation and doing nothing to fix it.  The victim must prove that a “reasonable” person would have fixed the problem once finding it.

 A slip and fall can cause a victim long-term problems.  An experienced Personal Injury attorney can help you by investigating the facts and reviewing your options with you.

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Nov 16

I just heard about a school bus driver, who made a U-turn in front of a pickup truck.  The bus had 21 students aboard.  Lucky for the school bus driver none of the students was hurt. The school bus driver was arrested on suspicion of misdemeanor drunk driving (blood alcohol content above the legal limit) and child endangerment.  It seems she was drinking the night before and the alcohol was still in her bloodstream.  The school district will make a decision whether to suspend or fire her.  She has been a bus driver for 16 years and has never been involved in an accident.  Several parents called to say she is a good person.

 

Driving under the influence of alcohol is one of the most dangerous things to do, especially when children are with you.  It does not matter if the school bus driver is a good person.  She put the lives of 21 children on the line when she took the wheel of that bus.  She is lucky that they did not get hurt or that the incident did not result in the death of any of those children.  If these children were hurt, the parents should consider consulting a personal injury attorney, one that represents victims of bus accidents.

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Nov 09

At our family Sunday dinner, my nephew was complaining about a friend of his who was stopped by a police officer for riding his bike through a stop sign without stopping first.  It is funny because in today’s newspaper, I read about something very similar.

 

It seems a student at Santa Ana College was riding his bike to his next class; he had earphones in both ears.  The street was clear so the student did not stop at the stop sign – just breezed right through.  Within minutes, a police officer was upon the student – sirens blaring and lights flashing.  The officer asked the student how he thought he would be able to hear cars honking at him; he advised the officer that he did hear him.  The law allows you to have one earphone in your ear, but not two.  The officer asked him, “If you were in a car, would you have stopped and he said, “Yes”.  The student thought a warning would have been fair but he was given a ticket.  The student violated two sections of the California Vehicle Code: (1) Section 22450(a) – Failure to stop at a stop sign and (2) Section 27400 – Wearing a headset or earplugs.  The amount of the ticket was $397.

 

I told my nephew that someone riding a bike must abide by the same rules of the road that someone driving a car does. According to the California Department of Motor Vehicles, over one hundred people are killed and hundreds of thousands of people are injured in bicycle accidents each year.  I told my nephew that even though bicyclists think they own the road, they do not.  Had the student been hit by a car at that intersection, he would have needed a very smart and experienced personal injury attorney to help him.

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Nov 07

Recently, I spent the day at Big Bear Lake; the weather was beautiful and so was the lake.  However, just as I was getting ready to come back home, around 4:00 p.m., a pickup truck crashed into a motorcycle – causing a traffic delay at the height of evening traffic.  The motorcyclist sustained multiple injuries; he was taken to a local hospital; he was in a great deal of pain.

 

An eyewitness, who was behind the motorcycle, said it looked like the truck was making a left-hand turn – in front of the motorcycle.  The witness said she saw the two vehicles crash, sending the motorcyclist over the hood of the truck.  She thinks the truck driver hit the brakes, but not soon enough.

 

A helicopter paramedic was in the area and stopped to help; the Big Bear Lake and City fire departments also responded.  The Sheriff’s Department is investigating what caused the accident.  I always tell my family and friends that motorcycles are fast and drive in and out of traffic quickly; many cars and trucks do not see them.  I advise them that if they are ever involved in an accident with a motorcycle to contact a personal injury attorney who focuses on motorcycle accidents.  For information about motorcycle laws, visit www.bikerrights.com

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Nov 04

I recently read about a county fair where a teenager was thrown from a high-speed spinning ride.  She flew into an aluminum fence.  Luckily, there was an EMT close by.  The girl, age 15, was in a lot of pain and suffered from shock.  She was hospitalized.

 

It seems the over-the-shoulder restraint did not work correctly.  Investigators are looking into the cause of this accident; they are also interviewing witnesses.  Initial reports state there is no evidence that a mechanical malfunction caused this.  The ride is closed for now.

 

It is sad when a young girl looks forward to a day at the fair and ends up injured and in pain.  The family needs to be compensated for expenses.  Anyone injured at a local amusement park or fair, should definitely consult an experienced personal injury lawyer in the San Bernardino area. 

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