November 30, 2011 - According to reports a La Habra man was killed in a solo vehicle crash in Fullerton. According to Fullerton Police Lt. Lorraine Jones the deadly accident occurred at approximately 11:43 p.m. Tuesday in the 1500 block of North Harbor Boulevard.
Lt. Jones said that officers found a 1191 Chevy Blazer that had slammed into a tree. Fullerton police believe the SUV was traveling north on Harbor Boulevard when it veered off of the road, striking the tree. Supervising Deputy Coroner Larry Esslinger stated that the man that was fatally injured in the SUV crash has been identified as Jorge Carrillo age 46 of La Habra.
Fullerton Police Sgt. Andrew Goodrich stated that they are unsure what caused the accident, but an autopsy is planned to help determine if there was a medical issue or if alcohol or other substances played a role in the crash. Lt. Jones said Harbor Boulevard was closed until approximately 7:00 a.m. from Brea Boulevard to Bastanchury Road, while police investigated the crash.
This has been a public service message from the Fullerton car accident attorneys at Ehline Law Firm PC:
333 City Boulevard West #17
Orange, CA 92868
USA
+714.912.9724
Wednesday, November 30, 2011
Wednesday, November 23, 2011
Recalls Issued for 2012 Fiat 500 and the Dodge Journey
November 23, 2011 - According to reports there have been recalls issued for the 2012 Fiat 500 and the Dodge Journey.
According to the National Highway Traffic Safety Administration and the Chrysler Motor Corp. a recall has been issued for the 2012 Fiat 500 and the Dodge Journey.
The cause of the recalled is due to contaminated brake fluid, involving certain models of both vehicles. The Chrysler Motor Corp. and the NHTSA recall will involve a total of 340 vehicles.
The recall that has been issued is due to possible contaminated hydraulic brake fluid that can deteriorate the affected vehicle’s brake seals. This could result in brake seal failure and loss of braking power.
According to the National Highway Traffic Safety Administration this issue could cause a risk of collisions.
Chrysler Motors Corp. will begin notifying the owners of the affected vehicles included in the recall in December. Owners will be able to take the vehicles to their local dealership and mechanics will replace the contaminated brake fluid and brake components.
According to the National Highway Traffic Safety Administration and the Chrysler Motor Corp. a recall has been issued for the 2012 Fiat 500 and the Dodge Journey.
The cause of the recalled is due to contaminated brake fluid, involving certain models of both vehicles. The Chrysler Motor Corp. and the NHTSA recall will involve a total of 340 vehicles.
The recall that has been issued is due to possible contaminated hydraulic brake fluid that can deteriorate the affected vehicle’s brake seals. This could result in brake seal failure and loss of braking power.
According to the National Highway Traffic Safety Administration this issue could cause a risk of collisions.
Chrysler Motors Corp. will begin notifying the owners of the affected vehicles included in the recall in December. Owners will be able to take the vehicles to their local dealership and mechanics will replace the contaminated brake fluid and brake components.
Tuesday, November 22, 2011
Orthodox Jewish Activist Killed Struck By Vehicle and Local Rabbi Critically Injured
November 22, 2011 - According to reports an Orthodox Jewish activist was killed and a local rabbi critically injured in Larchmont.
According to authorities the two were struck at approximately 6:20 a.m. Tuesday morning at the intersection of Oakwood Avenue and North La Brea Avenue, outside of the Bais Yehuda Shul Synagogue.
The Orthodox Jewish activist has been identified as Dov Landau age 80 from Los Angeles, who was killed when struck. The rabbi that was transported to Cedars Sinai Hospital is listed in critical condition.
The two men were struck in front of the Synagogue after leaving an early morning prayer service, according to authorities.
The accident caused La Brea to be closed between Beverly and Rosewood Avenues, while police investigated the scene. Drivers were directed to other roadways, to avoid the car accident scene.
According to authorities the two were struck at approximately 6:20 a.m. Tuesday morning at the intersection of Oakwood Avenue and North La Brea Avenue, outside of the Bais Yehuda Shul Synagogue.
The Orthodox Jewish activist has been identified as Dov Landau age 80 from Los Angeles, who was killed when struck. The rabbi that was transported to Cedars Sinai Hospital is listed in critical condition.
The two men were struck in front of the Synagogue after leaving an early morning prayer service, according to authorities.
The accident caused La Brea to be closed between Beverly and Rosewood Avenues, while police investigated the scene. Drivers were directed to other roadways, to avoid the car accident scene.
Monday, November 21, 2011
Weekend Suspected DUI Crash Kills Two Teens
November 20, 2011-According to reports two teens were killed in a weekend accident that is suspected that alcohol played a role.
According to the California Highway Patrol the driver of a Ford Escort lost control of the car, at approximately 11:40 p.m. Saturday night, while traveling eastbound on Hasley Canyon Road in the vicinity of Commerce Center Drive.
The driver lost control on an S-curve, causing the vehicle to veer off of the road and crash through a wooden fence, sheering a large tree and coming to rest on a hillside.
According to the California Highway Patrol a seventeen year old boy that was sitting in the front seat, was ejected from the Ford, and suffered serious injuries.
Two other teens were killed in the crash, and have been identified as Kevin Sanchez age 16 and Richard Lagunas age 19.
The driver has been identified as Carlos Hernandez age 28, who survived the crash, was seriously injured. Hernandez and the 17 year old was transported to Henry Mayo Newhall Memorial Hospital.
According to the California Highway Patrol it had just rained and left the roads slick prior to the accident. The California Highway Patrol now things that alcohol could have played a role in the Saturday night crash. Hernandez faces arrest after recovering, for suspicion of driving under the influence, according to the California Highway Patrol. They stated that the three passengers were not wearing seatbelts at the time of the crash.
According to the California Highway Patrol the driver of a Ford Escort lost control of the car, at approximately 11:40 p.m. Saturday night, while traveling eastbound on Hasley Canyon Road in the vicinity of Commerce Center Drive.
The driver lost control on an S-curve, causing the vehicle to veer off of the road and crash through a wooden fence, sheering a large tree and coming to rest on a hillside.
According to the California Highway Patrol a seventeen year old boy that was sitting in the front seat, was ejected from the Ford, and suffered serious injuries.
Two other teens were killed in the crash, and have been identified as Kevin Sanchez age 16 and Richard Lagunas age 19.
The driver has been identified as Carlos Hernandez age 28, who survived the crash, was seriously injured. Hernandez and the 17 year old was transported to Henry Mayo Newhall Memorial Hospital.
According to the California Highway Patrol it had just rained and left the roads slick prior to the accident. The California Highway Patrol now things that alcohol could have played a role in the Saturday night crash. Hernandez faces arrest after recovering, for suspicion of driving under the influence, according to the California Highway Patrol. They stated that the three passengers were not wearing seatbelts at the time of the crash.
Saturday, November 19, 2011
Solo Crash on Southbound I-5 Off Ramp Injures One Person
November 17, 2011 - According to reports a morning solo crash on the I-5 off ramp at Magnolia Avenue resulted in one person being injured. According to California Highway Patrol Officer Jose Perdomo the accident occurred at approximately 10:30 a.m. at the I-5 off ramp at Magnolia Avenue in Buena Park.
Officer Perdomo stated the driver of a Ford Ranger pickup truck lost control of the truck while exiting the I-5 Freeway, causing the pickup to rollover. According to the California Highway Patrol officers at the scene of the Buena Park rollover crash, the driver said he had been blinded by the sun prior to losing control and hitting the right shoulder guardrail before the pickup overturned.
The driver of the Ford Ranger pickup was transported to Western Medical Center to be treated for his injuries, according to CHP Officer Perdomo.
Officer Perdomo stated the driver of a Ford Ranger pickup truck lost control of the truck while exiting the I-5 Freeway, causing the pickup to rollover. According to the California Highway Patrol officers at the scene of the Buena Park rollover crash, the driver said he had been blinded by the sun prior to losing control and hitting the right shoulder guardrail before the pickup overturned.
The driver of the Ford Ranger pickup was transported to Western Medical Center to be treated for his injuries, according to CHP Officer Perdomo.
Wednesday, November 16, 2011
Pedestrian Struck In Fullerton in Severely Injured
November 14, 2011 - According to reports a pedestrian that was struck by a vehicle in Fullerton was severely injured.
According to Fullerton Police Sgt. Andrew Goodrich both police and firefighters received reports to respond to Rosecrans Boulevard at Emery Ranch Road, after a pedestrian had been struck, at approximately 5:30 p.m.
The pedestrian was struck by an SUV in the vicinity of Ralph B. Clark Park, according to Fullerton police.
According to the Fullerton Police Department the injured pedestrian has been identified as a woman in her early 30’s.
According to Fullerton Police Lt. Tom Basham the female pedestrian was transported to UCI Medical Center in critical condition.
Sgt. Goodrich the woman was struck when crossing Rosecrans and the driver remained at the scene and talked to police. It was not clear if the woman that was struck was in a crosswalk at the time she was struck by the SUV.
There have not been any arrests made in the incident and Fullerton police do not believe that alcohol or drugs were involved. Rosecrans was closed in both directions while the scene was investigated from Emery Ranch Road to Gilbert Street.
According to Fullerton Police Sgt. Andrew Goodrich both police and firefighters received reports to respond to Rosecrans Boulevard at Emery Ranch Road, after a pedestrian had been struck, at approximately 5:30 p.m.
The pedestrian was struck by an SUV in the vicinity of Ralph B. Clark Park, according to Fullerton police.
According to the Fullerton Police Department the injured pedestrian has been identified as a woman in her early 30’s.
According to Fullerton Police Lt. Tom Basham the female pedestrian was transported to UCI Medical Center in critical condition.
Sgt. Goodrich the woman was struck when crossing Rosecrans and the driver remained at the scene and talked to police. It was not clear if the woman that was struck was in a crosswalk at the time she was struck by the SUV.
There have not been any arrests made in the incident and Fullerton police do not believe that alcohol or drugs were involved. Rosecrans was closed in both directions while the scene was investigated from Emery Ranch Road to Gilbert Street.
Thursday, November 10, 2011
Pedestrian Struck in Anaheim Fatally Injured
November 5, 2011 - According to reports a pedestrian that was struck by a vehicle and later died from the injuries.
According to Anaheim Police Sgt. Bob Dunn a pedestrian was struck at approximately 7:00 p.m. Friday night in the 3300 block of West Lincoln Avenue. The pedestrian identified as a man in his 80’s was struck by a Kia, whose driver remained at the scene of the crash.
The Orange County Coroner’s Official stated that the elderly man was transported to UCI Medical Center in Orange, where he died in under an hour after his arrival at the hospital.
Sgt. Dunn stated that the driver of the Kia remained at the scene and spoke with investigators and the Anaheim police do not believe that alcohol was a factor in the accident. He also stated that it was unclear if the pedestrian was in a crosswalk at the time that he was struck by the driver in the Kia.
According to Anaheim Police Sgt. Bob Dunn a pedestrian was struck at approximately 7:00 p.m. Friday night in the 3300 block of West Lincoln Avenue. The pedestrian identified as a man in his 80’s was struck by a Kia, whose driver remained at the scene of the crash.
The Orange County Coroner’s Official stated that the elderly man was transported to UCI Medical Center in Orange, where he died in under an hour after his arrival at the hospital.
Sgt. Dunn stated that the driver of the Kia remained at the scene and spoke with investigators and the Anaheim police do not believe that alcohol was a factor in the accident. He also stated that it was unclear if the pedestrian was in a crosswalk at the time that he was struck by the driver in the Kia.
One of the Biggest Harms in a Serious Personal Injury Case is Past and Future Lost Wages
As many of you know, I like to blog a lot. But I wanted to have a guest from another state talk about an important issue. So my friend at Miller and Zois, Ron Miller is guest posting as follows: One of the biggest harms in a serious personal injury case is past and future lost wages. When an injured personal injury plaintiff loses earnings or earning capacity, the value of this loss must be calculated. Past earnings are verified through wage statements and other methods, such as pay stubs, W-2’s and income tax returns. Estimates of future losses are based on medical prognosis.
There is some degree of debate about whether wage loss should be determined based upon the claimant’s gross or net wages. When the employee loses sick time, seniority, health insurance or other benefits, the gross figure is likely most appropriate. This is particularly true in jurisdictions that adhere to the “collateral source rule” which states that in determining damages, it is irrelevant whether the claimant has been reimbursed from a source other than the tortfeasor, such as sick time, short-term disability insurance or the like.
This analysis is more complicated where the claimant is self-employed or where a significant portion of their income is commission-based. For the self-employed, the measure of the past loss often depends on proof of their lost profit. This will usually require an expert opinion based on past profitability, as compared to profitability during the period of disability, taking into account costs and market factors. If the claimant is self-employed in a new business venture, insurers will steeply discount any claimed losses if they accept them at all, since there are no prior results that may be used as a comparison point to determine the lost profit.
Long term losses require particular care. The insurance carrier - particularly in car accident cases - carefully considers whether the injured person may resume any type of employment, and if so, when. For claimant’s counsel, proving future wage loss requires a combination of factual evidence and expert opinion. A medical expert will need to address the claimant’s physical abilities.
A vocational expert will address the claimant’s ability to seek and obtain employment in the marketplace, and an economist will be needed to translate all of this information into a number that represents the present value of the future losses. Insurers know what to look for on a claim of this type, and are unlikely to offer settlement money for these kinds of losses without the proper documentation. Carriers may be expected, except in the most obvious situations of total and permanent disability, to claim that the injured person may perform some occupation or can be trained to fill one. If the carrier has some evidence to support either position, it reduces the settlement.
If you want to learn more, contact Ron Miller, Esq. I can vouch for him as a brilliant car collision attorney.
There is some degree of debate about whether wage loss should be determined based upon the claimant’s gross or net wages. When the employee loses sick time, seniority, health insurance or other benefits, the gross figure is likely most appropriate. This is particularly true in jurisdictions that adhere to the “collateral source rule” which states that in determining damages, it is irrelevant whether the claimant has been reimbursed from a source other than the tortfeasor, such as sick time, short-term disability insurance or the like.
This analysis is more complicated where the claimant is self-employed or where a significant portion of their income is commission-based. For the self-employed, the measure of the past loss often depends on proof of their lost profit. This will usually require an expert opinion based on past profitability, as compared to profitability during the period of disability, taking into account costs and market factors. If the claimant is self-employed in a new business venture, insurers will steeply discount any claimed losses if they accept them at all, since there are no prior results that may be used as a comparison point to determine the lost profit.
Long term losses require particular care. The insurance carrier - particularly in car accident cases - carefully considers whether the injured person may resume any type of employment, and if so, when. For claimant’s counsel, proving future wage loss requires a combination of factual evidence and expert opinion. A medical expert will need to address the claimant’s physical abilities.
A vocational expert will address the claimant’s ability to seek and obtain employment in the marketplace, and an economist will be needed to translate all of this information into a number that represents the present value of the future losses. Insurers know what to look for on a claim of this type, and are unlikely to offer settlement money for these kinds of losses without the proper documentation. Carriers may be expected, except in the most obvious situations of total and permanent disability, to claim that the injured person may perform some occupation or can be trained to fill one. If the carrier has some evidence to support either position, it reduces the settlement.
If you want to learn more, contact Ron Miller, Esq. I can vouch for him as a brilliant car collision attorney.
Woman Killed in Silver Lake Car Crash
November 5, 2011 - According to reports a woman was killed in a single vehicle accident in Silver Lake. According to authorities the single vehicle crash occurred at approximately 3:00 a.m. in Silver Lake.
The accident occurred in the vicinity of Gilroy Street and Riverside Drive. Police believe that the woman was traveling at a high rate of speed at the time of the crash and believe she might have fallen asleep at the wheel, causing the vehicle struck a pole.
According to the Los Angeles Coroner’s office the woman was transported to Glendale Memorial Hospital and Health Center and pronounced dead at 3:24 a.m. The woman’s identity has not been released pending a coroner’s investigation and notification of her next of kin.
This has been a public service message from the Glendale car accident lawyers at Ehline Law Firm PC.
655 North Central Avenue
17th Floor
Glendale, CA 91203
USA
+818.485.2311
The accident occurred in the vicinity of Gilroy Street and Riverside Drive. Police believe that the woman was traveling at a high rate of speed at the time of the crash and believe she might have fallen asleep at the wheel, causing the vehicle struck a pole.
According to the Los Angeles Coroner’s office the woman was transported to Glendale Memorial Hospital and Health Center and pronounced dead at 3:24 a.m. The woman’s identity has not been released pending a coroner’s investigation and notification of her next of kin.
This has been a public service message from the Glendale car accident lawyers at Ehline Law Firm PC.
655 North Central Avenue
17th Floor
Glendale, CA 91203
USA
+818.485.2311
Saturday, November 5, 2011
Two Women with Strollers Struck by Car in Santa Ana
November 4, 2011- According to reports two women pushing strollers were struck by a vehicle in Santa Ana. According to Santa Ana police Cpl. Anthony Bertagna two women pushing strollers were struck by a vehicle in downtown Santa Ana. The accident occurred at approximately 5:00 p.m. when they were crossing the street, where there was no crosswalk on Civic Center Drive.
Cpl. Bertagna said the mother and an adult niece were crossing the street with three children, a one year old, a three year old and a five year old. The driver of the car has been identified as Linda Kakala, who struck the women and the strollers. Kakala stated she did not see the women crossing with the children.
Kakala stopped the vehicle as soon as the accident occurred and had to move the car, when it was apparent that a three year old was pinned underneath of the vehicle. According to Cpl. Bertagna the 3 year old was pinned underneath of the vehicle and the driver had to move the vehicle. The two women, the three year old and the one year old were all seriously injured in the accident. The five year old was not injured when the others were struck by the vehicle.
According to authorities the driver of the car was transported to the hospital due to a medical condition, not due to injuries from the accident. Kakala stated the car accident was awful and she was glad there were no fatalities.
Cpl. Bertagna said the mother and an adult niece were crossing the street with three children, a one year old, a three year old and a five year old. The driver of the car has been identified as Linda Kakala, who struck the women and the strollers. Kakala stated she did not see the women crossing with the children.
Kakala stopped the vehicle as soon as the accident occurred and had to move the car, when it was apparent that a three year old was pinned underneath of the vehicle. According to Cpl. Bertagna the 3 year old was pinned underneath of the vehicle and the driver had to move the vehicle. The two women, the three year old and the one year old were all seriously injured in the accident. The five year old was not injured when the others were struck by the vehicle.
According to authorities the driver of the car was transported to the hospital due to a medical condition, not due to injuries from the accident. Kakala stated the car accident was awful and she was glad there were no fatalities.
How does Bankruptcy Affect an Accident Settlement?
When an accident leads people into serious financial trouble, they often file for the petition of bankruptcy. Filing bankruptcy as a result of accident has its own effects, like for example, the proceeds of any settlement becomes the property of the bankruptcy estate. Now whether or not you can keep the settlement proceed with you that depend upon where you live, how much money you get, and when the accident occurs.
There is a fundamental concept in bankruptcy law that during the bankruptcy proceedings, the estate becomes the legal owner of debtor’s tangible and intangible assets. The estate may include the piece of land owned by the debtor, car or a collection of artwork. The estate may also include the property to which the debtor is entitled but has not received yet, such as tax refunds or law suit settlements. However, there is a provision to protect the property in bankruptcy by exempting it from the estate, but that depends upon the kind of property and the area where it is located.
There are certain federal laws of exemption which you can utilize to protect your property from the bankruptcy estate. Section 522 of the bankruptcy code provides such list of exemption. In case of the proceedings of an accident, exemptions depend upon the type of accident you meet. As of February 2011, you can exempt upto 21,625 that you received for your personal injury. But you cannot exempt the amount you received for pain and suffering or pecuniary loss. On the other hand, if your settlement is for wrongful death then you can exempt as much amount as is necessary for you to protect yourself. Section 522 of the bankruptcy code also includes a provision called wild card exemption which you can use to exempt any of your property.
Aside from federal exemptions, bankruptcy code also includes a list of state exemptions that you can use to protect your property from the bankruptcy estate. However, there is also a provision in bankruptcy code that allows states to opt out of federal exemptions altogether, and there are many states who have chosen to do so. So if you live in such a state then you cannot use the federal exemptions at all.
The primary impact of chapter 7 bankruptcy on accident settlement is that during the petition of bankruptcy, estate can take away any portion of the settlement that you cannot exempt. And if during the bankruptcy you do not yet receive the settlement, then chapter 7 estate can take over the settlement negotiation. He will then give you your exemption as the proceeds he receives. On the other hand, the impact of bankruptcy chapter 13 on accident settlement is that the non-exempt amount will decide how much will you going to pay to the unsecured creditors and thus the payment plan may be higher as a result.
However, in case of chapter 7, if the accident occurs after you file for the petition of bankruptcy then the entire amount of settlement is yours, since you were not entitled to any proceeds at the time you had filed for the petition. But in chapter 13, no matter when the accident took place, you may have to give your proceedings to the estate with which they will pay off your outstanding obligations. You can protect the money provided you being able to prove that you need it to support yourself and your family.
Thus, review the impact of bankruptcy on an accident settlement before filing for the petition of bankruptcy.
There is a fundamental concept in bankruptcy law that during the bankruptcy proceedings, the estate becomes the legal owner of debtor’s tangible and intangible assets. The estate may include the piece of land owned by the debtor, car or a collection of artwork. The estate may also include the property to which the debtor is entitled but has not received yet, such as tax refunds or law suit settlements. However, there is a provision to protect the property in bankruptcy by exempting it from the estate, but that depends upon the kind of property and the area where it is located.
There are certain federal laws of exemption which you can utilize to protect your property from the bankruptcy estate. Section 522 of the bankruptcy code provides such list of exemption. In case of the proceedings of an accident, exemptions depend upon the type of accident you meet. As of February 2011, you can exempt upto 21,625 that you received for your personal injury. But you cannot exempt the amount you received for pain and suffering or pecuniary loss. On the other hand, if your settlement is for wrongful death then you can exempt as much amount as is necessary for you to protect yourself. Section 522 of the bankruptcy code also includes a provision called wild card exemption which you can use to exempt any of your property.
Aside from federal exemptions, bankruptcy code also includes a list of state exemptions that you can use to protect your property from the bankruptcy estate. However, there is also a provision in bankruptcy code that allows states to opt out of federal exemptions altogether, and there are many states who have chosen to do so. So if you live in such a state then you cannot use the federal exemptions at all.
The primary impact of chapter 7 bankruptcy on accident settlement is that during the petition of bankruptcy, estate can take away any portion of the settlement that you cannot exempt. And if during the bankruptcy you do not yet receive the settlement, then chapter 7 estate can take over the settlement negotiation. He will then give you your exemption as the proceeds he receives. On the other hand, the impact of bankruptcy chapter 13 on accident settlement is that the non-exempt amount will decide how much will you going to pay to the unsecured creditors and thus the payment plan may be higher as a result.
However, in case of chapter 7, if the accident occurs after you file for the petition of bankruptcy then the entire amount of settlement is yours, since you were not entitled to any proceeds at the time you had filed for the petition. But in chapter 13, no matter when the accident took place, you may have to give your proceedings to the estate with which they will pay off your outstanding obligations. You can protect the money provided you being able to prove that you need it to support yourself and your family.
Thus, review the impact of bankruptcy on an accident settlement before filing for the petition of bankruptcy.
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