Orange County Injury Attorney Blog

Last week, a bicyclist was badly injured in a bicycle accident in Newport Beach which, police suspect, may have involved a drunk driver. The accident occurred in the morning near the intersection of Bayside Dr. and Jamboree Road. The bicyclist was struck by a large pickup truck. The driver of the pickup was arrested by police on the scene on suspicion of driving under the influence.

Unfortunately, this is the type of accident our community, and our personal injury firm, has seen before. According to the National Highway Traffic Safety Administration, an average of 750 bicyclists are killed annually in crashes with motor vehicles and 45,000 are injured. This figure is staggering and tragic. This is especially disturbing to members of our community living in area where riding their bicycle is typical, either for transportation or recreational uses. Newport Beach is certainly one of these places.

So, given these odds, what can bicyclists do to ensure that they are not the victims of such horrific accidents? The bike safety website bicyclesafe.com recommends the following to bicyclists:

• Get a headlight
• Honk - purchase a loud horn and use it when a car is approaching
• Slow down
• Don't stop or stay in a car's blind spot
• Look behind you before making a right-hand turn
• Wear something bright, even during the day
• Purchase and use a mirror
• Use arm signals
• Choose wider, less busy streets
• Rethink the use of cell phones and music players

Continue reading "Newport Beach Bicycle Accident May Have Been Caused by Drunk Driver" »

T-CLOCK was developed by the Motorcycle Safety Foundation for helping bikers complete a comprehensive pre-ride inspection of a motorcycle before each and every single ride. They suggest that, in order to avoid motorcycle accidents, riders should thoroughly check the following:

T - Tires and wheels

• Brakes: Check that each brake keeps bike from rolling, and that pads are greater than minimum thickness.


• Tire condition: Check for tread depth, weathering, bulges, embedded objects, wear.


• Air pressure: Check when cold, adjust to load.


• Spokes: Check for bent, broken, bent, missing or tense.


• Rims: Check for out of round and out of true = 5 mm.


• Bearings: Check top and bottom of tire and flex, no free play and no growl when spinning.


• Seals: Check for cracked, cut, torn excessive grease.

C -Controls

• Levers and pedal: Check for broken, bent, cracked, tight mounts, ball ends on handlebar, adjustment, lubrication.


• Cables: Check for fraying, kinks, lubrication, no interference or pulling, suspension, no sharp angles.


• Hoses: Check for cuts, cracks, leaks, bulges, chafing, deterioration, no interference or pulling, suspension, no sharp angles.


• Throttle: Check that it moves freely, snaps closed and no revving when handlebars turned.

L - Lights

• Battery: Check that the terminals tight/clean, electrolyte level OK, secured, proper routing of vent tube


• Wiring: Check for fraying, chafing insulation, especially important at steering head.


• Head lamp: Check for cracks, reflector, mounting and proper adjustment.


• Tail/brake lamp: Check for cracks, cleanliness, tightness and activation upon brake application.


• Turn signals: Check that they're flashing.


• Mirrors: Check for clacks, clean, tight mounts, swivel joints and proper adjustment.


• Horn: Check that it works.

O - Oil

• Leaks: Check for leaks in coolant, brake/clutch fluid, engine oil, final drive.


• Levels: Check oil level on center stand when cold.


• Air filter: Check for blockage, clean and not torn.


• Fuel lines: Check they're not bent, leaking or cracked and properly secured with clamps.


• Brake/clutch: Check for correct fluid levels, no leakage, no hose deterioration.

C - Chain and Chassis

• Drive chain/belt: Check for wear, proper adjustment, lubrication, master link clip.


• Sprockets: Check for wear.


• Chain guard: Check that it's securely mounted.


• Frame: Check for for cracks, accessory mounts, steering head and engine cradle.


• Shocks and Forks: Check for leaks, smooth operation, air pressure, alignment.

K - Kickstand

• Side Stand: Check that it's not bent, retracts fully, proper ground clearance.


• Center Stand: Check that it's not bent, retracts fully, proper ground clearance.

Continue reading "T-CLOCK Aids Motocyclists in Avoiding Dangerous Motorcycle Accidents" »

On this blog, we often write about serious car accidents that end in death and/or catastrophic injuries. But, of course, there are many, many car accidents that occur daily in Orange County that are minor. What should you do if you have been involved in a minor car accident? State Farm put together a very easily understandable, but comprehensive, set of guidelines for how to react in a minor car accident. Though State Farm seems to provide these clear guidelines, as an attorney, I am constantly battling with State Farm who claims that minor accidents do not and cannot cause injuries. What can you say--insurance companies will be insurance companies!

State Farm's Guidelines begin by illustrating what a minor car accident looks like, saying that "no one looks injured and there is minimal damage to the vehicles". They tell drivers to "first breathe a sigh of relief - then take these precautions to help prevent your small accident from becoming a big problem". The following are the precautions they list on their website:

Don't drive away: stay at the scene and move your vehicle to a safe place out of traffic even if there appears to be no damage. If the other car is parked and the owner isn't around, leave a note with your name and contact information.

Don't assume there aren't injuries: do assess yourself and your passengers. Even low-impact collisions can cause injuries, some not appearing until days after the accident.

Don't sign any documents and avoid accepting or offering cash for repairs: you may end up paying out-of-pocket to repair damage to your car that only appears minor, or you could pay the other driver more than necessary.

Do stay calm: take notes and photos, and exchange information with the other driver, including your name, address, phone number, driver's license number, license plate number, insurance company, and policy number.

Don't assume an accident is too minor to be reported: do call the police or file a report on your own. This will help your insurance agent handle your claim. An accident report could also help protect you from issues that may arise later about the extent of damage to your vehicle or injuries to you and the other driver.

Continue reading "Do's and Don'ts: What to Do if You are Involved in a Minor Car Accident" »

This week an unfortunate car accident occurred in Huntington Beach along Bolsa Chica Street. The accident involved three vehicles and resulted in the death of one person and the serious injury of three people, including a 7-month old baby who is now in "critical condition", according to the Orange County Register. This car collision truly devastated the lives of several families. Photo COURTESY OF THE HUNTINGTON BEACH FIRE DEPARTMENT

The Register reported, further, on Lt. Gary Faust's description of the accident. The Huntington Beach Police Officer said that that the driver of an orange Ford Bronco "lost control of the vehicle, crossed through a center divider and into opposing lanes". The Bronco was headed north when the driver lost control and crossed into southbound lanes and struck a silver Honda. Then a third vehicle headed south on the left lane crashed into the other two vehicles.

It is most unfortunate that this is not the only story of this sort that was reported this week. As an Orange County personal injury attorney, I know that accidents like this one are very frequent in Orange County and that they are typically caused by drivers who are distracted and not paying adequate attention to the road. Moreover, it is clear that the frequency of new stories like this does not suggest that accidents like of this sort will become less frequent in the near future. The nature of these accidents is quite unfortunate in that they typically hold the victims of these accidents responsible for the myriad costs associated with the crash. Because this is the case, victims of these accidents would greatly benefit from the assistance of an experienced personal injury attorney.

Continue reading "Unfortunate Huntington Beach Car Accident Kills One and Injures Three; One of the Injured Victims Was a 7-Month Old Baby" »

This past week, a 19-year-old man was killed after being involved in a high- speed car accident that involved two cars. According to various news reports, the unfortunate accident occurred in Orange at about 11:55 a.m. on Thursday, the 3rd. The law enforcement officers who were involved in the investigation that followed the accident are reporting that a gray Honda Civic that was heading North on Jamboree Road struck a green Toyota Corolla that had been traveling West on Chapman Avenue. Angel Fernandez of Orange was driving the impacted Corolla. Regrettably, Fernandez was reported to have died at the scene of the accident. The driver of the Civic sustained some unknown injuries and was quickly transported to a trauma center for treatment.

As an Orange County personal injury attorney, I know that accidents like this one are very frequent in Orange County and affect our community in a significant way. Moreover, it is clear that the frequency of new stories like this does not suggest that accidents like of this sort will become less frequent in the near future. The nature of these accidents is quite unfortunate in that they typically hold the victims of these accidents responsible for the myriad costs associated with the crash. Because this is the case, victims of these accidents would greatly benefit from the assistance of an experienced personal injury attorney.

Continue reading "Orange Car Accident Results in the Death of a 19-Year Old Orange County Resident" »

Recently, researchers at the Mayo Clinic have been making use of a new system of identifying and classifying brain injuries that are caused by force to the head. From their work, these researchers have concluded that the actual number of traumatic brain injuries sustained annually is most likely greater than what the Centers for Disease Control and Prevention (CDC) has been reporting.

The new "Mayo Traumatic Brain Injury Classification System" classifies head injuries along a more comprehensive scale. This method uses categories like "definite," "probable" and "possible" TBIs to label their patients and assess the level of danger posed by their injury. The new classification method allows professionals to incorporate those less concrete, but crucial symptoms such as brief periods of unconsciousness and an injured patient's complaint of dizziness or nausea.

The Mayo researchers found, further, that 60% of brain injuries fell outside the CDC's standard categorization of traumatic brain injuries; this is in spite of the fact that two-thirds of the patients were symptomatic. The researchers at the clinic also discovered that the elderly and young people were at a higher risk for sustaining "definite" and "possible" injury, respectively, and that men were more at risk than women. Hopefully these findings will contribute to the CDC's ongoing efforts to engender a brain injury classification method that more broadly and accurately encompasses traumatic brain injury.

Continue reading "New Traumatic Brain Injury Classification Method Exposes Inaccuracy of CDC's Annual Brain Injury Reports" »

Drivers operating modern vehicles are already faced with myriad distractions that make driving even more dangerous than it once was. But, in addition to distracting passengers, cell phones, iPods, and other gadgets, drivers operating vehicles equipped with the most current technology are faced with even more distractions - those that exist within their own vehicles.

The U.S. Department of Transportation recognizes that this poses real danger to U.S. drivers and has issued voluntary guidelines for automakers to develop less distracting in-vehicle electronics and services, as a result. They have also asked automakers to factor in how drivers see and control those electronic systems with their hands. The Department's distraction guidelines include recommendations to reduce electronic system complexity, to limit off-road glances to no more than 2 seconds, and to limit unnecessary visual information in the driver's field of view. Consumer Reports' auto test center called the federal guidelines a "very good first move". The popular magazine plans to urge the government to rate the safety of cars based on how distracting they are to operate.

The Department's suggestions vehicles seem like a wise idea in that they would remove the temptation of motorists utilizing devices built into their vehicles to take their eyes off the road, even if it's just for one second. Further, this may be an important time to take action, especially given the findings of a recent study conducted by the National Highway Traffic Safety Administration. The NHTSA found that, despite the fact that almost all of the states have enacted laws prohibiting cell phone usage while driving, texting while driving has actually increased by 50% in the past year. As of 2009, the U.S. Department of Transportation reported that approximately 5,500 people died and half a million were injured in accidents involving a distracted driver. To think that the number of people texting while driving has since increased is shocking.

Continue reading "Distracted Driving Accident Frequency Heightened by In-Vehicle Devices" »

Recently, one person was killed and two people were injured after a highly destructive car accident involving two vehicles in Orange. According to the authorities in Orange, a Toyota Highlander traveling east on Lincoln Avenue strayed into the westbound lane and collided with a Honda Civic head-on.

Quickly after the accident took place, a male passenger in the Honda Civic was reported to have died at the scene of the crash. The female driver of the Civic suffered serious personal injuries, and the male driver of the Highlander sustained minor personal injuries. Both individuals were quickly taken to a hospital by ground ambulance for treatment. The cause of the collision remains under investigation by the Orange Police Department.

As an Orange County personal injury attorney, I know that accidents like this one are very frequent in Orange County and affect our community in a significant way. Moreover, it is clear that the frequency of new stories like this does not suggest that accidents like of this sort will become less frequent in the near future. The nature of these accidents is quite unfortunate in that they typically hold the victims of these accidents responsible for the myriad costs associated with the crash. Because this is the case, victims of these accidents would greatly benefit from the assistance of an experienced personal injury attorney.

Continue reading "Car Accident in Orange Kills One and Injures Two" »

Some new research findings revealed by Dr. Joshua Gatson, Assistant Professor of Surgery at the University of Texas Southwestern Medical Center in Dallas, during Experimental Biology 2012 in San Diego, CA on April 22, 2012 presents new avenues for methods by which to treat and/or curb the nefarious effects of traumatic brain injuries.

As frequent readers of this blog know, we have discussed, on many occasions, the common causes of traumatic brain injuries, the depths of the danger they present to those who sustain them, and the costs associated with treating and/or managing these injuries. Approximately 275,000 people are hospitalized annually after having sustained traumatic brain injuries. More than 85,000 are left with long-term disabilities and more than 50,000 die as a result of these injuries. More than 5 million people live with disabilities caused by traumatic brain injuries, which are often the result of car accidents, falls, or multiple concussions.

These injuries can have catastrophic effects on children and adults who suffer from them. Traumatic brain injuries do pose a true danger to adults and children, alike. According to the U.S. Center for Disease Control (CDC), traumatic brain injury, "is caused by a bump, blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain".

The new research, revealed by Dr. Gaston, shows that estrone, one of the three naturally occurring estrogen hormones in the body, has shown some promise in reducing inflammation and cell death in the brain. Giving estrone to rats links recovery after traumatic brain injury with increased recovery. It does this by reducing inflammation and subsequent damage.

While this breakthrough provides hope to those who have had the great misfortune of sustaining a traumatic brain injury, and a greater sense of safety to the rest of the general population, the risks remain high. Though preventative measures must be taken, they are certainly no guarantee that someone you know, or even you, will avoid being a victim of a traumatic brain injury.

Continue reading "New Research Shows Naturally Occuring Hormone May Help Curb Effects of Traumatic Brain Injuries" »

Given the prevalence of car accidents in California, it is crucial that Orange County residents understand how to deal with the all-important insurance adjuster. The insurance adjuster is the person who controls how much your insurance company will be offering to pay for medical bills, for repairs or replacement of a damaged vehicle, and for any other property damage that might have occurred. So how can you most effectively deal with this individual?

First of all, be informed. The claims adjuster cannot just make up a number. They are required to follow California insurance laws, as well as the terms of your policy. Know what your rights are and what your policy covers.

Second, it is a good idea to gather your own evidence. In addition to having general knowledge about your policy and rights, it is also necessary to do your own research about the specifics of your accident and the harm it caused. You should gather as much information and documents as you can that reflect what your claim should be worth. This may mean getting your own estimates for car repairs, doing research to see how much it will cost to replace your car, obtaining copies of your medical records, compiling documents about medical treatment that you have already sought, asking about--and documenting--future medical treatments that might be necessary and their costs, and holding on to receipts for expenses you've already incurred due to the accident.

Continue reading "How to Deal With You Claims Adjuster Following a Car Accident" »

Earlier this week, one person was killed and two others were injured in car accident in Riverside County near the Interstate 10 freeway in Palm Springs. The terrible accident occurred at night when the driver of a white Dodge Neon going south on Gene Autry Trail strayed into the northbound lanes and collided head-on with a Toyota Camry.

The Dodge Neon driver was reported to have died in the crash. The driver was later identified by the Riverside County Sheriff-Coroner's office as a 54-year-old Joyce Stotz of Palm Springs. The passengers in the Toyota Camry were quickly taken to Desert Regional Medical Center in Palm Spring where they are listed in critical condition after having sustained serious personal injuries. Local authorities have yet to determine whether alcohol or drugs played a role in the accident. Additionally, the cause remains undetermined at the moment.

Though authorities have yet to confirm that alcohol was involved in this horrible accident, as Orange County personal injury attorneys, we must take every opportunity to warn members of this community of the inherent and dire consequences associated with drunk driving. We have tried to educate our clients and our community with news stories and statistics like the following from Mothers Against Drunk Driving (MADD), who have found that, "California ranks 21st in DUI deaths nationally with 29 percent of the our fatal road deaths attributed to DUI". Unfortunately, these stories remain at the forefront of the Orange County news cycle.

Continue reading "Riverside Car Accident Kills Orange County Driver - Alcohol May Have Been the Cause" »

About 400,000 children are treated in emergency rooms every year for bicycle-related injuries. Though there are some crashes over which you have no control, Orange County parents can prepare their kids to avoid the some of the most common, and dangerous, bicycle accidents by following some of these recommendations.

Be Properly Prepared:

Fit and adjust your child's bicycle helmet to his or her head. The importance of wearing a helmet cannot be over-emphasized as it is the primary means by which you can make sure that your child is protected from traumatic and life-altering head and brain injuries.

Following you helmet adjustments, it is importance that you complete a bike tune-up for your child's bicycle. This means wiping off and cleaning the frame, making sure all the bolts are tight, lubricating the chain, inflating the tires and checking the brakes. These simple tasks can be of great help in preventing common accidents like a chain breaking or getting a flat tire.

Practice Often:

Hazards beyond you or your child's control, like rocks on the ground, potholes, or even toys, present a serious danger because kids often don't understand what to look for or what to avoid. By practicing maneuvering through traffic cones or garbage cans in an obstacle course on your lawn or in the park, your child will also get used to the motions of avoiding objects in the road or sidewalk; and if they fall, it will be on the grass instead of pavement.

Road Rules:

Parents should not underestimate the importance of teaching their children the rules of the road. Your kids should know the sidewalk basics: look both ways, stay to the right, keep a safe distance from other bikes or people, and let others know you're coming.

Continue reading "Parents Take Note: These Tips Can Help You Protect Your Children from Bicycle Accident Injuries" »

The Orange County Register published an article this week cautioning Orange County drivers that they must change their driving habits in order to maintain their own safety and the safety of the drivers around them during the current and upcoming rainy days. Dozens of car accidents were reported on the unusually wet freeways of Orange County this week. Some vehicles even hydroplaned, spinning off the road.

According to the Orange County Register, the California Highway Patrol "advises drivers to slow down and leave more space between cars".

Several other crashes have been reported, including:

• A vehicle was in the bushes at 6:30 a.m. near the Magnolia Street on-ramp to the eastbound 22.


• At about 6:05 a.m., a Chevy Tahoe appeared to have crashed into a right-shoulder fence on the northbound I-5 just south of Jamboree Road. No injuries were reported.


• A truck was down the embankment just after 6 a.m. at the Harbor Boulevard on-ramp to the northbound 405, tying up traffic there.


• A vehicle spun out at about 4:45 a.m. on the westbound 91 just west of Knott Avenue

As an Orange County personal injury attorney, I know that car accidents are very frequent in Orange County even when it is sunny and 75 degrees outside. Wet roadways can only add to the incredible danger associated with driving. Unfortunately, the victims of car accidents are often forced to pay the bill. Because this is the case, victims of these accidents would greatly benefit from the assistance of an experienced personal injury attorney.

Continue reading "CHP Warning: Orange County Drivers Should Exercise Caution While Driving on Wet Roads" »

A bicyclist was injured after being struck by a Cadillac in Placentia this past week. According to the Orange County Register and Capt. Marc Stone of the Orange County Fire Authority, paramedics were called just after 10 a.m. to Kraemer and Yorba Linda boulevards. The bicycle ended up under the front end of the Cadillac Deville Councours. The rider was taken to UCI Medical Center with serious personal injuries. The crash is now under investigation.

The most unfortunate thing about this bicycle accident story is that it is not a surprising or infrequent one in our bicycle-rich community. According to the National Highway Traffic Safety Administration, anaverage of 750 bicyclists are killed annually in crashes with motor vehicles and 45,000 are injured. This figure is staggering and tragic. This is especially disturbing to members of our community living in area where riding their bicycle is typical, either for transportation or recreational uses.

So, given these odds, what can bicyclists do to ensure that they are not the victims of such horrific accidents? The bike safety website bicyclesafe.com recommends the following to bicyclists:

• Get a headlight


• Honk - purchase a loud horn and use it when a car is approaching


• Slow down


• Don't stop or stay in a car's blind spot


• Look behind you before making a right-hand turn


• Wear something bright, even during the day


• Purchase and use a mirror


• Use arm signals


• Choose wider, less busy streets


• Rethink the use of cell phones and music players

Continue reading "Bicyclist Badly Injured After Being Struck By Vehicle in Placentia" »

New research has found that 30 percent of teens injured in car accidents suffer head injuries. The most common of these head injuries are concussions, skull fractures and traumatic brain injuries (TBI). The study, headed by the Children's Hospital of Philadelphia, examined car crashes involving more than 55,000 drivers and passengers (ages 15 to 19) who were seriously injured in 2009 and 2010.

These statistics are unnerving but, unfortunately, not surprising. As an Orange County personal injury lawyer, I have written, in the past, about national statistics that suggest that over 730,000 young drivers between the ages of 15-18 were involved in police-reported car crashes in 2009. As a result of these accidents, 280,000 people were injured and 2,805 were killed. Moreover, teens are 50% more likely to crash in the first month of driving by themselves than after a full year of experience and 57% of the crashes in which teens were at fault or partially at fault involved three common errors - failure to reduce speed, inattention, and failure to yield. The most disturbing piece of new information to come out of this research is the traumatic brain injury element. Of the excessively large number of teens involved in dangerous car accidents, 30 percent sustain traumatic brain injuries.

Another topic we have discussed several times on this blog is the myriad dangers associated with traumatic brain injuries and the often underestimated dangers presented by simple concussions. These injuries can have catastrophic effects on teens who suffer from them and they are often difficult to detect. Traumatic brain injuries can be caused by seemingly innocuous concussions, sustained very easily in the course of regular daily activity. They call concussions the "silent injury" for a reason - there are oftentimes no visible signs of abnormality. Moreover, there is no definitive way of deciding whether or not someone sustained a traumatic brain injury (TBI).

Continue reading "Orange County Parents Take Note: 30% of Teens Injured in Car Accidents Suffer Dangerous Head Injuries" »