San Francisco Bicycle Accident Attorney Challenges Recent Study That Bicyclists Are Usually At Fault

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Posted by Claude WyleMay 23, 2011 7:51 PM

Cars and bicycles often collide when they are mixed together on big city roads such as in San Francisco. Despite bicycle lanes, signs admonishing motorists to safely Share The Road, and traffic laws, these collisions between bikes and cars happen in San Francisco and the Bay Area on a daily basis. So, who is usually at fault?

Initially, when you read the linked article discussing whose at fault when bikes and cars collide, it would seem that the bikers are most often at fault; however, the statistics of this report have been misinterpreted and the actual facts will not support this conclusion. We are awaiting the revised report which will show that car drivers are at fault more than twice as often bicyclists.

We do know that bicyclists are usually the losers when it comes to any physical altercation between a car and a biker, but should they really be listed as the party at fault as often as the police reports would indicate? I say no.

As a San Francisco Bicycle Accident Attorney I represent a lot of San Francisco bicyclists who are hit by cars, busses and trucks, and sometimes even motorcycles, and I must say that the San Francisco Police lists the bicycle rider as the at fault party in almost all police reports. This does not necessarily mean that the cyclists are the ones at fault, or that the fault lies completely with the cyclist.

Many of my best cases have started out with the police report firmly against my client. Does that mean that we do something tricky to get around the report or its findings? Not at all. It means that in a bicycle accident case, the details make the case, and the police are not the judge or the jury when it comes to reasonable bicycle riding. In most of my cases the bicyclist has behaved reasonably and the police fail to recognize that the bicycle has been following the vehicle code. In other cases, where the fault may be shared by the cyclist and the motorist, the police name only the cyclist as the at fault party.

I believe that police naturally list the cyclist as the at fault party most of the time, even though the cyclist has done nothing wrong.

Is it prejudice or residual anger from Critical Mass rallies or just plain lack of time to look more deeply into the facts of the accident? Most users of the road, particularly motorists, do not want to share the road with bicycles, and most do not give the bicyclist the respect or the right of way afforded to other vehicles using the roadway.

So, since the above study depends on fault information gathered from police reports, I would take that with the proverbial grain of salt. And, let’s see what the revised study demonstrates in detail before we blame the bicycle riders again.

Feel free to contact me free of charge to discuss this issue further.

BREAKING: Local woman dies in wreck

One person died and two were injured in a three-car accident on Highway 101 near the Oregon Department of Transportation weigh station at about 4:40 p.m. Friday.

Maritess Demoret, 31, of Gasquet, Calif., was pronounced dead at the scene after her Toyota Tacoma pickup was stuck head-on by an oncoming Dodge Ram pickup, according to the Oregon State Police.

Demoret worked at the Del Norte Community Health Center in Crescent City.

Harold Bickley, 76, and Gloria Bickley, 74, of Chico, Calif., were transported by ambulance to Sutter Coast Hospital for treatment, OSP representitives said. Harold was later flown by Cal-Ore Life Flight air ambulance to Mercy Medical Center in Roseburg for treatment of serious injuries. Gloria’s injuries are considered minor.

Southbound traffic was halted for several hours while northbound traffic was rerouted through the weigh station as emergency crews worked.

The accident began when the Bickleys’ northbound white Dodge Ram pickup attempted to pass a car in a no-passing zone in front of the weigh station, according to witness Marcelina Muro, of Brookings.

Muro, who was driving behind one of the vehicles involved in the accident, said she saw the truck try to return to the northbound lane to avoid Demoret's oncoming southbound Tacoma.

According to the OSP, the two pickups collided head-on.

The Tacoma flipped over and rolled three times, landing upside down, Muro said.

“It was one reaction after another,” Muro said. “The white truck hit and totaled the car.”

A southbound Ford Thunderbird veered onto the right shoulder to avoid the truck and came to rest against the bushes. The driver of that car, Noemi Hernandez, 31, of Crescent City, walked away without injuries, according to the OSP.

The damage to the Tacoma was so complete that the make and model of the vehcile were not immediately apparent.

At one point the car caught fire, and Muro called out for a fire extinguisher.

“Someone came out of nowhere with an extinguisher,” she said.

Curry County sheriff’s deputies, Oregon State police, Harbor Volunteer Fire Department and Brookings Volunteer Fire Department, as well as three Cal-Ore ambulances, responded to the accident.

OSP troopers, the Coos County Medical Examiner, Curry County Sheriffs Office, Brookings Police Department, and the Curry County District Attorney worked at the scene until well after dark, investigating the cause of the accident.

Nancy Kerrigan car accident when tire fell off car on way from brother's manslaughter trial for killing father

By Daily Mail Reporter

Last updated at 7:40 PM on 21st May 2011

Olympic silver medallist Nancy Kerrigan is having a rough week.

The ice skater was driving to a service station to have the wheel of her Chevy Tahoe SUV repaired when it dramatically flew off on New Salem Street in Wakefield, Massachusetts.

Ms Kerrigan had been in court a few hours earlier, at the trial of her brother, Mark Kerrigan, 46, who faces charges of manslaughter after the January 2010 death of their 70-year old father, Daniel Kerrigan.

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Close call: Former Olympic skater Nancy Kerrigan had been driving to a service station when the left front tire flew off her Chevy Tahoe SUV in Wakefield, Massachusetts

Investigation: Ms Kerrigan told police she had the wheel repaired Wednesday morning, prompting police to suggest that the repair service may have 'missed a step'

Unharmed: A woman and her two children had a fright after the wheel from Ms Kerrigan's vehicle struck their minivan, causing considerable damage

Danger: Ms Kerrigan's Chevy Tahoe threw a wheel

According to WHDH-TV, the wheel from Ms Kerrigan's car smashed into a nearby minivan, narrowly missing the windshield and causing considerable damage to the front of the vehicle.

That vehicle was driven by a mother who was transporting her two children.

Fortunately, no injuries were reported at the scene.

After her car accident, Ms Kerrigan told WHDH: 'It’s a little shaken up…I’m glad everybody and the kids are okay. It’s scary…it’s a scary thing'.

The woman who drove the minivan said she had: 'Said a prayer and hoped that it didn’t go through the windshield'.

Faulty work?: Police allege that a service station did not 'properly secure' lug nuts after a repair job

Big dent: A woman's minivan sustained damage from Ms Kerrigan's wheel, though no one was hurt

Tow time: Ms Kerrigan's vehicle gets loaded onto a flat-bed truck

Ms Kerrigan said: 'It's a little shaken up... I'm glad everybody and the kids are okay. It's scary... it's a scary thing'

Ms Kerrigan told police she had the left front wheel of her Tahoe repaired Wednesday morning.

Sgt. John Haggerty of the Wakefield Police Department told WHDH:'They responded out for a flat tire. When they placed the tire back on it looked as though the lug nuts weren’t properly fastened to the vehicle'.

The driver of the minivan and her children were said to be wearing seatbelts.

The driver said she had met Ms Kerrigan once before.

'We’re just both glad that nobody got hurt', she said.

Kerrigan told police she was on the way to get her tire repaired when it flew off.

Police say Ms Kerrigan does not seem to be at fault for the accident.

As for her brother's trial, prosecutors claim Mark Kerrigan 'put his hands around [his father's] neck and pushed him to the floor', which they claim resulted in the older man's death.

Witnesses claimed Mark said 'He's faking it' as his father lay dying.

Hug it out: Still looking startled, Ms Kerrigan gave a stiff hug to the other driver, after ensuring she and her children are OK

The other driver, who had once met Ms Kerrigan, told police: 'We’re just both glad that nobody got hurt'

During opening statements, Assistant District Attorney Elizabeth Keeley said that the elder Kerrigan died of cardiac dysrhythmia - a loss or interruption of a normal heartbeat - after being pushed and shoved by his son during an argument over use of the family telephone.

Ms Keeley said: 'Daniel Kerrigan spent the last few minutes of his conscious life fighting off his drunk, 45-year-old son.

'And the final act, which triggered the death of Daniel Kerrigan, is when this defendant grabbed his father around the neck with such force that he fractured cartilage in the left side of his larynx and shoved him to the kitchen floor'.

Mr Kerrigan's defense attorney, however, told jurors that Daniel Kerrigan died because he had severe blockage of arteries leading to his heart, not because of the altercation with his son.

Attorney Janice Bassil said in her opening statement: 'Mark Kerrigan loved his father. They want someone to blame, but sometimes things just happen'.

Nancy Kerrigan listened from the front row as Mark Kerrigan's trial opened in Woburn, Massachusetts Superior Court.

Emotional: Former Olympic figure skater Nancy Kerrigan, center, hugs her mother Brenda, left, as her manager-turned husband Jerry Solomon, right, looks on after the first day of testimony

On trial: Mark Kerrigan (right) at his manslaughter trial in Woburn, Mass., May 16, 2011. Prosecutors say his 70-year-old father Daniel Kerrigan died after a violent struggle with Mark

Famous family: Shown in file photo in 1994, Daniel Kerrigan worked as a welder and took extra shifts to put Nancy through skating lessons. Right, Nancy and her other brother Michael Kerrigan in 1994

Prosecutors had indicated they may call her to testify about her father's health in the weeks before his death, but Ms Keeley said Monday that it was unclear whether the prosecution would do so.

Ms Bassil declined to say if the defence plans to call her.

Nancy Kerrigan comforted her mother as prosecutors played a recording of the 911 call Brenda Kerrigan made to police the night her husband died.

Brenda Kerrigan is heard sobbing and pleading with a dispatcher to send help quickly.

She is heard saying: 'Um, my husband is on the floor, and I don't really know what is wrong with him'.

When the dispatcher asks what happened, Brenda Kerrigan says he fell on the floor.
'He, oh my God, I hope he's not dead. Oh my god, oh my God, oh my God', she says.

According to a transcript given to jurors, Mark Kerrigan can be heard swearing in the background, early in the call.

Brenda Kerrigan then yells, 'Get away from him!'

The police dispatcher then asks, 'Are they fighting in the background?'

'Oh, yes', says Brenda Kerrigan.

 

Los Angeles Car Accident Lawyer, Scott J. Corwin, Named 2011 California Super Lawyer, Launches New Website

Los Angeles, CA (PRWEB) May 22, 2011

Log Angeles, CA, lawyer Scott J. Corwin of Scott J. Corwin, A Professional Law Corporation, has been named a Southern California SuperLawyer for the fifth year running by Los Angeles Magazine. Only the top five percent of lawyers are named SuperLawyers. Also, his law firm recently re-launched his website, providing a valuable online legal resource to current and potential clients.

The site offers helpful information to remove some of the fear and uncertainty from the legal process, including basic information on Los Angeles car accident and personal injury laws. The re-launched site also provides biographical background information on Scott J. Corwin’s career and accomplishments in the legal field.

Website visitors learn how the experienced Los Angeles personal injury attorney Scott J. Corwin and his firm, Scott J. Corwin, A Professional Law Corporation, can assist them with their injury claim, as well as learning about the details of Attorney Corwin’s outstanding career, which has led him to being awarded his fifth straight SuperLawyers honor. The firm has developed a reputation for maintaining high ethical standards while aggressively representing clients throughout Los Angeles, California in personal injury, motor vehicle accident, traumatic brain injury, spinal injury and wrongful death legal matters.

"Our new site is designed entirely with our clients and potential clients in mind. We encourage them to use it as a resource to answer their initial questions, and then let us guide them through the legal claims process personally," says Attorney Corwin.

SuperLawyers select attorneys using a rigorous, multi-phase rating process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. The SuperLawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.

Step One: Creation of the Candidate Pool -- Lawyers enter the candidate pool by being formally nominated by a peer; identified by the research department in the "Star Search" process; or informally nominated.

Step Two: Evaluation of Lawyers in Candidate Pool -- The research department evaluates each candidate based on these 12 indicators of peer recognition and professional achievement: verdicts and settlements; transactions; representative clients; experience; honors and awards; special licenses and certifications; position within law firm; bar and or other professional activity; pro bono and community service as a lawyer; scholarly lectures and writings; education and employment background; and other outstanding achievements.

Step Three: Peer Evaluation by Practice Area -- In this step, also known as the "blue ribbon review," candidates are grouped according to their primary areas of practice. The candidates in each practice area with the highest point totals from steps one and two above are asked to serve on a blue ribbon panel. The panelists are then provided a list of candidates from their practice areas to review, rating them on a scale of one to ten. Only the top five percent of the total lawyers in the state are selected for inclusion in SuperLawyers.

Before publishing, the research staff checks each candidate's standing with the local licensing authority. Each candidate is asked to aver that they have never been subject to disciplinary or criminal proceedings. Final internet searches are performed on each candidate to ensure there are no outstanding matters that would reflect adversely on the lawyer.

SuperLawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in February 2010. Thomson Reuters is the world's leading source of intelligent information for businesses and professionals.

Scott J. Corwin is the founder of the Los Angeles, California, personal injury law firm Scott J. Corwin, A Professional Law Corporation. Since its founding in 1992, the firm has successfully represented more than two thousand injured victims, with recoveries totaling over $60,000,000. Scott J. Corwin received his Bachelor of Arts degree UCLA in 1985. He received his Juris Doctorate from the USC Gould School of Law in 1990. Scott J. Corwin serves on the Boards of three trial lawyer and consumer attorney organizations; Consumer Attorneys of California (CAOC) since 2006, Consumer Attorneys Association of Los Angeles (CAALA) since 2005, and Western Trial Lawyers (WTLA) since 2010. Mr. Corwin is also a lifetime member of The National Trial Lawyers Association (NTLA), composed of the top 100 trial lawyers from each state. He is one of less than 700 attorneys nationwide who are members of the Multi-Million Dollar Advocates Forum. Mr. Corwin is also a lifetime member of The National Trial Lawyers Association (NTLA), composed of the top 100 trial lawyers from each state. He is one of less than 700 attorneys nationwide who are members of the Multi-Million Dollar Advocates Forum. Mr. Corwin is also a published author and speaker in the consumer legal field. To see Mr. Corwin’s complete professional resume/bio please click here.

About the Firm

Attorney Corwin’s firm represents injured victims in Los Angeles, San Bernardino, Riverside, Orange, San Diego, Ventura and Santa Barbara Counties, and throughout the State of California. Attorneys at the law firm of Scott J. Corwin, A Professional Law Corporation offer legal counsel primarily in the following areas:

• Auto Accidents
• Motorcycle Accidents
• Truck Accidents
• Traumatic Brain Injury
• Wrongful Death
• Spinal Cord Injuries

Founded in 1992, the lawyers at Scott J. Corwin, A Professional Law Corporation have more nearly 20 years of combined experience. For more information about the firm, please go to http://www.sjclaw.com/contact.html or call 310-207-4030.

# # #

One killed, two injured in three-car crash UPDATED

Emergency crews come to the aid of the driver involved in a fatal accident in Harbor Friday afternoon. The Pilot/Arwyn Rice

One person died and two were severely injured in a three-car accident on Highway 101 near the Oregon Department of Transportation weigh station at about 4:40 p.m. Friday.

Maritess Demoret, 31, of Gasquet, Calif., was pronounced dead at the scene after her Toyota Tacoma pickup was stuck head-on by an oncoming Dodge Ram pickup.

Harold Bickley, 76, and Gloria Bickley, 74, of Chico, Calif. were transported by ambulance to Sutter Coast Hospital for treatment, according to the Oregon State Police. Harold was later flown by Cal-Ore Life Flight air ambulance to Mercy Medical Center in Roseburg for treatment of serious injuries. Gloria's injuries are considered minor.

Southbound traffic was halted for several hours while northbound traffic was rerouted through the weigh station as emergency crews worked.

The accident began when the Bickley's northbound white Dodge Ram pickup attempted to pass a car in a no-passing zone on front of the weigh station, according to witness Marcelina Muro, of Brookings.

Muro, who was driving behind one of the vehicles involved in the accident, said she saw the truck try to return to the northbound lane to avoid Demoret's oncoming southbound Tacoma.

According to the OSP, the two pickups collided head-on.

The Tacoma flipped over and rolled three times, landing upside down, Muro said.

“It was one reaction after another,” Muro said. “The white truck hit and totaled the car.”

A southbound Ford Thunderbird veered onto the right shoulder to avoid the truck and came to rest against the bushes. The driver of that car, Noemi Hernandez, 31, of Crescent City, walked away without injuries, according to the OSP.

The damage to the Tacoma was so complete that the make and model of the vehcile were not immediately apparent.

At one point the car caught fire, and Muro called out for a fire extinguisher.

“Someone came out of nowhere with an extinguisher,” she said.

Once the fire was out, Muro went to assist the driver in the overturned car. “I told her to hang on for me.”

Curry County sheriff’s deputies, Oregon State police, Harbor Volunteer Fire Department and Brookings Volunteer Fire Department, as well as three Cal-Ore ambulances, responded to the accident.

OSP troopers, the Coos County Medical Examiner, Curry County Sheriffs Office, Brookings Police Department, and the Curry County District Attorney worked at the scene until well after dark, investigating the cause of the accident. Both lanes of the highway were open as of 11 p.m.

One killed, two injured in three-car crash

Emergency crews come to the aid of the driver involved in a fatal accident in Harbor Friday afternoon. The Pilot/Arwyn Rice

One person died and two  were severely injured in a three-car accident on Highway 101 near the Oregon Department of Transportation weigh station at about 4:40 p.m. Friday.

Southbound traffic was halted for several hours while northbound traffic was rerouted through the weigh station while emergency crews worked.

As of 11:30 p.m. Friday, the Oregon State Police had not yet released the identities of the four individuals involved in the accident, or more details about how it happened.

The driver of a northbound white Dodge Ram pickup attempted to pass a car in a no-passing zone when a green Ford passenger car appeared coming southbound, according to witness Marcelina Muro, of Brookings.

Muro, who was driving northbound behind the Dodge, said she saw the truck try to return to the northbound lane and, in doing so, clipped the car it had been attempting to pass. That car flipped over and rolled three times, landing upside down, Muro said.

“It was one reaction after another,” Muro said. “The white truck hit and totaled the (northbound) car.”

The southbound Ford vehicle veered onto the right shoulder to avoid the truck and came to rest against the bushes. The driver of that car walked away without injuries.

The damage to the overturned car was so complete that the make and model of the California-licensed car were not immediately apparent.

At one point the car caught fire, and Muro called out for a fire extinguisher.

“Someone came out of nowhere with an extinguisher,” she said.

Once the fire was out, Muro went to assist the driver in the overturned car. “I told her to hang on for me.”

Curry County sheriff’s deputies, Oregon State police, Harbor Volunteer Fire Department and Brookings Volunteer Fire Department, as well as three Cal-Ore ambulances, responded to the accident.

The driver and a passenger in the pickup were transported to Sutter Coast Hospital. Their conditions were not available late Friday night.

Emergency personnel eventually removed the body in the unidentified vehicle. 

OSP troopers and the Curry County District Attorney worked at the scene until well after dark, investigating the cause of the accident. Both lanes of the highway were open as of 11 p.m.

Check www.currypilot.com this weekend for an update.

Four Bus Collision in Commerce Injures Eight Passengers -- Soldier Critically, Discussed by Bus Accident Attorney at ...

California Highway Patrol Officer Ming Hsu stated that the bus that was allegedly cut off by a car slamming on its brakes in front of a county jail bus carrying 25 inmates and the other three buses were carrying Army personnel.

Commerce, CA (PRWEB) May 20, 2011

Four buses collided Thursday afternoon in a chain reaction crash according to the California Highway Patrol website. The chain collision bus crash is also reported at paloverdevalleybus.com. Authorities believe the I-5 chain reaction collision was caused by a car that slowed in front of the first bus. Bus accident attorney, Michael Ehline, knows this area of the I-5, and he stated it is not uncommon for cars to stop quickly, and without warning.

Sure enough, California Highway Patrol Officer Ming Hsu stated that the bus that was allegedly cut off by a car slamming on its brakes in front of a county jail bus carrying 25 inmates and the other three buses were carrying Army personnel. The Los Angeles County Sheriff’s bus and the three buses carrying the Army personnel collided south of Washington Boulevard at 11:50 a.m.

Los Angeles County Fire Inspector Matt Levesque stated that prior to noon the northbound lanes were closed for over 30 minutes on Interstate 5 in Commerce after the buses rear ended the bus in front of them.

According to Levesque, one soldier was transported to the hospital in critical condition. There were six of the military personnel injured and two inmates in the chain reaction bus crash.

Authorities stated that the injuries appeared to be minor in most of the victims. Levesque stated that another Sheriff’s Department bus was sent to the scene of the crash to transport the inmates.

Bus accident attorney, Michael Ehline, a former Marine, has represented bus accident victims for many years and understands that minor injuries can become more serious after the initial bus crash. In cases like this, where there is an allegation that a car cut a bus off, Ehline says, “There may not be enough insurance to cover all the injuries and property damage. But, the real question should be, ‘Did the Sherriff’s bus maintain an adequate following distance?’”

"If you suffered an injury, such as a brain injury, burn injury, or lost a loved one due to a wrongful death, you need to make sure and hire an attorney, who can employ legal experts to flesh out these types of issues, where on its face, there may appear to be insufficient insurance coverage, when in fact, there is more likely than not, a government claim against bus number one for following too closely," Ehline says.

Ehline Law Firm PC is ready to assist any and all injured consumers with a free phone consultation if you want some help.

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Nancy Kerrigan in minor car accident

Olympic skater Nancy Kerrigan has been involved in minor car accident in Wakefield just hours after attending her brother's manslaughter trial in the death of their father.

Wakefield police said the accident happened on New Salem Street Thursday afternoon. No injuries were reported.

A spokeswoman for Kerrigan said she had a problem with a loose tire on her car and "she's just fine."

No other information was immediately available.

Kerrigan's mother, Brenda Kerrigan, testified for a second day Thursday as a defense witness for her son Mark Kerrigan. Prosecutors say 70-year-old Daniel Kerrigan died after a violent struggle with his son. The family says he had a longstanding heart condition and Mark was not to blame for his father's death.

Colorado lawmaker not indicted in fatal crash

CHANNING, Texas (AP) â€" A Texas district attorney says a Colorado lawmaker involved in a fatal crash will not face charges in connection with the December accident in the Panhandle.

Hartley County district attorney David Green announced Wednesday that a grand jury declined to indict Colorado Sen. Suzanne Williams.

Investigators say Williams' car drifted into oncoming traffic along U.S. 385 on Dec. 26 and crashed head-on into another car, killing 30-year-old Brianna Gomez of Amarillo. Gomez's unborn child was delivered by cesarean section.

The Colorado legislator's 3-year-old grandson was ejected from her vehicle, but she managed to find the boy and put him back into a car seat, according to a preliminary investigative report.

Williams was wearing a seat belt, though her 41-year-old son and two grandsons were not. All survived.

Conner attorney wants new trial

BY Jon Seidel Sun-Times Media May 18, 2011 08:50PM

Conner

The defense attorney for a Steger man convicted of killing his girlfriendâs son in a drunken driving accident wants a new trial for his client on grounds that authorities have taped his phone conversations at the Will County Jail.

Attorney Jeff Tomczak said prosecutors never disclosed the recordings of phone calls to him during Cecil Connerâs trial process.

â This is a very significant discovery violation, Tomczak said Wednesday after a hearing in Will County Circuit Court.

But county sheriffâs spokesman Ken Kaupas said phone conversations have been taped at the jail since at least 2006, and signs throughout the jail indicate that calls are monitored and recorded.

Chuck Pelkie, spokesman for Stateâs Attorney James Glasgow, said prosecutors just received notice of Tomczakâs motion and have to review it before commenting.

â We're prepared to go forward with sentencing, Pelkie said.

A Will County jury found Conner, 23, guilty in February of two counts of aggravated drunken driving for causing the May 10, 2010 crash in Steger that killed his girlfriend's 5-year-old son, Michael Langford Jr.

Conner contended at trial that he was simply following orders from a Chicago Heights police officer when he attempted to drive the boy home.

Tomczak said thousands of hours of Conner's conversations were recorded, including 50 to 100 conversations between Conner and his girlfriend, Kathie LaFond.

On the night of Conner's arrest, Chicago Heights officer Chris Felicetti arrested LaFond, who was driving Conner home from a party, for driving on a suspended license. Conner's attorneys said the officer threatened to arrest Conner if he didn't drive LaFond's car home after she was arrested.

LaFond testified at trial that Conner was trashed, and a blood test determined his blood-alcohol level was 0.208, more than twice the legal limit. Felicetti told jurors that Conner seemed sober enough to drive.

Forty minutes after the traffic stop, Conner slammed the car into a tree on Steger Road near Carpenter Street, killing the boy.

A hearing on Tomczak's motion for a new trial for Conner is scheduled for Wednesday.

2 killed in Fall River car crash

Video Photos

Fall River Fatal Crash (Added: May 18, 2011)

Two people are killed in Fall River after the car they were riding in struck a utility pole.

FALL RIVER, Mass. --

 

Two people were killed in a car accident in Fall River early Wednesday morning.

Fire officials told NBC 10 the car split after hitting a utility pole on Stafford Road at about 3:45 a.m.

Part of the car hit a porch and the rest rolled into a fence.

A spokesman for the Bristol district attorney's office says two male occupants of the vehicle died.

Investigators said speed may have been a factor in the crash.

No names or ages were immediately released. The crash remains under investigation.

Driver pleads guilty in wrong-way Arterial crash

Despite not being able to remember the Aug. 13 crash that seriously injured several people, a 25-year-old man pleaded guilty to his role in a two-car accident Wednesday.

Gerald Rizzo, of Clifton Park, pleaded guilty in Oneida County Court to one count of aggravated vehicular assault, a felony, two counts of third-degree assault, a misdemeanor, and one count of aggravated operating a motor vehicle while under the influence of alcohol.

In the early morning hours of Aug 13, Rizzo was driving south in the northbound lane of state Route 12 when he hit a 1999 Saab driven by 19-year-old Brandon Griffith, of Whitesboro.

Griffith suffered multiple wrist and arm fractures as well as lost the mobility of one thumb.

His passengers Alissa Longo, 19, suffered lacerations and internal bleeding, and Katie Gray, 19, suffered three fractured vertebrae and a fractured collar bone, Oneida County Assistant District Attorney Stacey Paolozzi said during Wednesday's court proceeding.

Rizzo's passenger, Lisa Mastrovito, 24, also was seriously injured in the crash.

Because of the serious injuries Rizzo suffered, he has not yet reached maximum recovery, said his attorney, Les Lewis.

Lewis requested 60 days in order to get a report from Rizzo's doctor at Albany Medical Center concerning his condition. A sentencing report has been scheduled for Friday, July 22.

Lewis also noted 2½ weeks ago that Rizzo had medical issues concerning his brain injury, but has been fine since then.

Judge Michael Dwyer Wednesday said he couldn't tell Rizzo how much time the defendant would spend in prison, but that he would be placed in a special unit where doctor and medical care would be available.

There are continuing medical issues, Lewis said. There were people injured, and the defendant is one of them.

Grand Jury Declines To Indict Sen. Williams

Related To Story Colorado State Senator Suzanne Williams

 

CHANNING, Texas -- A Texas grand jury on Wednesday declined to indict Colorado State Sen. Suzanne Williams in a car accident that killed a pregnant woman in December.KVII-TV reported Wednesday morning that the Hartley County grand jury did not indict Williams.The case against Williams was presented in Hartley County District Court in Channing, Texas, at 8 a.m. Wednesday by District Attorney David Green. The grand jury decision to not indict Williams will likely end the criminal case against her.

Green said that grand jurors "looked at the evidence and just decided that no indictment was necessary," according to KVII reporter Matt Hamilton.It is unclear whether the Gomez family will file a civil lawsuit against Williams, Hamilton said.Police said that on Dec. 26, Williams' car crossed the center lane of Highway 385 and collided head-on with the SUV that Brianna Gomez was riding in.Gomez, 30, was flown to Northwest Texas Hospital in Amarillo, where an emergency Cesarean section was performed. Gomez was pronounced dead after her baby boy was delivered.The premature infant, Curran Blaec Gomez, weighed just 3 pounds at birth and initially was in critical condition. But he has since been allowed to go home, KVII reported.Williams has advocated for seatbelt laws in the state and serves on the Senate Transportation Committee. However, according to the police report, none of the passengers in her car -- including her 47-year-old son and two grandsons -- were buckled up at the time of the accident.A preliminary accident report showed that after the crash Williams picked up her 3-year-old grandson -- who had been ejected -- and moved him into a child's car seat before police arrived.The traffic report did not explain why Williams was driving on the wrong side of the road. The crash report said her blood was drawn for alcohol and drug testing. The results of those toxicology tests were unknown when the report was written.

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Facebook Postings Barred From Discovery in Accident Case

Gina Passarella, The Legal Intelligencer, On Wednesday May 18, 2011, 3:02 am EDT

The plaintiff in a car accident case does not have to accept a friend request on Facebook from the defendant so that the defendant can have full access to the plaintiff's postings and pictures, a Bucks County Common Pleas Court judge has ruled.

In Piccolo v. Paterson , Judge Albert J. Cepparulo issued a one-paragraph order denying the motion to compel filed by defendants Lindsay S. Paterson, Lee Anne Paterson, Linsey Paterson and Allstate Insurance Co.

The defendants wanted access to the photos of plaintiff Sara Piccolo that she posted of herself on the social networking site.

According to court documents, Piccolo filed an action against the defendants after she was injured in a one-car accident while a passenger in a car driven by defendant Lindsay Paterson. Paterson conceded liability but the case is ongoing because of a dispute over Piccolo's damages.

According to the defense motion, filed by attorneys at Moore & Riemenschneider, Piccolo testified she had a Facebook account and was asked at deposition if the defense counsel could send a "neutral friend request" to Piccolo so that he could review the Facebook postings Piccolo testified she made every day.

Piccolo denied the request but, according to defense filings, said her status updates and pictures were available for public viewing and that she would not make them private. The defense argued in its motion, however, that when it went to Piccolo's Facebook page, those postings were in fact private and only available to her "friends."

Counsel sent Piccolo's attorney, Benjamin G. Lipman of the Law Offices of Benjamin G. Lipman, a letter in September 2010 asking for Piccolo to accept a friend request from the defense.

Lipman ultimately denied the request, responding that the "'materiality and importance of the evidence ... is outweighed by the annoyance, embarrassment, oppression and burden to which it exposes'" Piccolo, according to the defense motion.

In support of its argument, the defense cited a September 2010 Jefferson County trial court opinion, McMillen v. Hummingbird Speedway Inc., in which the court held Facebook postings were discoverable and ordered the plaintiff to provide his username and password to the defendant's attorney. The defense argued access to Piccolo's Facebook page would provide necessary and relevant information related to the claims by Piccolo.

In Piccolo's response to the defense motion, Lipman argued that defense counsel had only asked at Piccolo's deposition about the pictures she posted on Facebook, not any textual postings. He said Paterson had already been provided "as complete a photographic record of the pre-accident and post-accident condition" of Piccolo as she "could reasonably have a right to expect in this case."

As a result of the May 2007 accident, Piccolo was hit in the face with an airbag and suffered lacerations to her lip and chin, with the impact "ripping her lip and chin away from her face." She had 95 stitches to her face in the emergency room the day of the accident and then had a surgery to repair her scarring about six months later along with several laser treatments to reduce the scarring. She is permanently scarred on her face, according to her court filings.

Piccolo allowed the insurer to come to her home in 2008 and take photographs of her face. She also gave the defense 20 photos of her face from the week following the accident as well as five photos from the months just before the accident. She allowed the defense to take more pictures at the September 2010 deposition.

"Defendant Paterson has not made a prima facie showing of need for access to the non-public pages of [Piccolo's] Facebook account," Lipman said in his motion. "She has all the photographs she can reasonably use from every different period before and after the accident and she has not asserted that there is likely to be any text in the non-public postings that is material or will likely lead to the discovery of material evidence."Lipman said Piccolo concedes that her Facebook account "is probably not protected by any evidentiary privilege that has been recognized in Pennsylvania." But he cited Rule of Civil Procedure 4011(b), which precludes discovery that would cause unreasonable annoyance, embarrassment, oppression or burden.

Lipman said McMillen was distinguishable from his client's case because the McMillen court expressly observed that the personal injury plaintiff was making representations on the publicly viewable portion of his Facebook page that were inconsistent with the position he took in the litigation. Lipman said it was clear the defense in that case would have been prejudiced had it not had access to the private portions of the plaintiff's Facebook page.

In Piccolo , Lipman argued, the defense never made a prima facie showing of the need for, or any prejudice that could result from the denial of, access to Piccolo's Facebook page.

Lipman said in an interview that he was only able to find three published opinions on this issue across the country, including the one from Jefferson County. The others were in New York and California, he said.

At a hearing on the issue, Lipman said Cepparulo spoke extensively about the privacy concerns despite Pennsylvania's general rules favoring broad and liberal discovery. And while the Jefferson County case involved textual postings, that didn't seem to be an issue in Piccolo's case, Lipman said.

Defense counsel Andrew P. Moore of Moore & Riemenschneider in Abington, Pa., said he was obviously disappointed by the ruling and wished there was an opinion detailing the reasoning behind the decision.

He said a plaintiff with a scar on her face would present herself differently in pictures online than she would in front of a jury and he felt getting access to those pictures was akin to surveillance. He said he would not appeal the decision, particularly given there was no opinion accompanying the order.  •

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Hannon response sought on Big Daddy lawsuit

ACTON â€" A public notice was issued last week ordering Patrick Hannon, former Acton restaurant and bar owner, to respond to a suit stemming from a car accident that claimed the life of a Shapleigh man two years ago.

According to court documents, the attorney resorted to serving Hannon via public notice after attempts to reach him at his known addresses in Acton failed. Hannon must appear or file an answer in court within 20 days of the first date of publication, which was May 11.

Christian Lewis of Hardy, Wolff and Downing in Lewiston, filed a complaint in York County Superior Oct. 21, 2010, on behalf of Crystal Gewlas of Gouldsboro, sister and “personal representative” of Alexander Gewlas III, who died March 6, 2009, in a single car accident after leaving Hannon’s establishment on Route 109 in Acton.

According to a York County Sheriff’s Office report, the 28-year-old Massabesic High School graduate’s blood alcohol level at the time of the accident was 0.14 percent, nearly twice the legal limit of 0.08 percent.

The complaint alleges that Hannon, his restaurant Big Daddy’s and his parent company Square Pond Marina “by and through its/their agents, servants and/or employees did recklessly serve alcohol to Plaintiff,” Alexendar Gewlas III.

The complaint, summarized in the public notice, further states that the defendants owed the plaintiff “the duty to use care when serving alcohol to its patrons” and “the reckless service of alcohol by the defendants … while the Plaintiff was visibly intoxicated, was a proximate cause of the multiple injuries and death of the Plaintiff, Alexander Gewlas III.”

Crystal Gewlas is seeking judgment “in an amount sufficient to fairly and reasonably compensate for all injuries and damages, plus plaintiff’s costs and interests,” Lewis wrote in the three-count complaint.

According to the Maine Liquor Liability Act, any claim against a server alleging negligent or reckless conduct must be filed within two years of the alleged date of service, and the amount of money awarded for “damages for losses other than expenses for medical care and treatment” may not exceed $350,000 “for any an all claims arising out of a single accident or occurrence.”

If Hannon fails to appear or answer in court within the given time period, Lewis said, judgment by default may be rendered against him for the relief demanded in the original complaint.

Acton selectmen denied a liquor license renewal request from former Big Daddy’s owner Hannon in April 2009. Hannon appealed to the Maine Department of Public Safety Liquor Licensing Division, which later upheld the local board’s decision based on several incidents â€" described as “breaches of the peace, disorderly conduct and other violations of the law” â€" including the accident that claimed the life of Alexander Gewlas III.

Hannon could not be reached for comment prior to the Weekly Observer’s Monday deadline.

Lewis had no comment last week as to what prompted his client to take legal action against Hannon or if his client has a specific dollar amount in mind. Crystal Gewlas did not return calls seeking additional comment.

Mock car crash

By Carrie McDermott • Daily News
Published/Last Modified on Tuesday, May 17, 2011 3:46 PM CDT

Students at Breckenridge and Rothsay (Minn.) high schools learned the high costs of drinking and driving on Monday.

Breckenridge students Gavin Amdahl and Emma Bellmore portrayed teens who came upon a mock two-car accident at the school and called 911.

Several hundred students watched from both sides of the street as Breckenridge Fire Department, police dept., Wilkin County Sheriff and the ambulance service responded to the call.

The driver of one of the cars, played by Nicole Hasse, was put through field sobriety tests by police officers while passengers were rescued. Hasse was deemed to be driving under the influence of alcohol, placed in handcuffs and put into a police vehicle.

County Attorney Tim Fox narrated the scene over a public address system as it unfolded. He explained what the emergency personnel were doing and the conditions of the injured.

Jennifer Larson and Michelle Kress played injured passengers in Hasse's car. The injured driver of the second car, Darin VanTassel, was driving Carter Hought, who played a fatality, and injured passengers Cody DeFries and Chloe Bergmann.

Firefighters used the jaws of life to cut through a car door. The windshield was removed from one vehicle to help extricate passengers. Rescue personnel pulled the victims out of the vehicles and put them onto stretchers, which were then placed in an ambulance.

For more of this story, click on the Daily News e-Edition on the home page.

Update: Body found in car submerged in Lake Hamilton identified

HOT SPRINGS, Ark. (KTHV) -- The Garland County Sheriff's Office has identified the body of a man found in a submerged car in Lake Hamilton on Monday.

The man is 56-year-old Charles Ewing, from Tunica, MS. The Sheriff's Office believe he was in Arkansas on vacation.

With the assistance of the Lake Hamilton Volunteer Fire Department divers, authorities were able to retrieve the vehicle and the deceased male body from the car.

Lt. Martin says that although the accident is under investigation, he says it appears at first glance to be either a traffic accident or possible medical condition.

Driver of car that crashed in Olney held on $500K bail

 

Prosecutors say he was seen drinking before the accident

 

The 20-year-old driver of the car that crashed early Sunday morning in Olney, resulting in the death of three of his friends, had attended two parties and was seen drinking alcohol before the accident, county prosecutors said.

At a bail review Monday afternoon in Montgomery County District Court, Judge William G. Simmons ordered the driver, Kevin Coffay, of Rockville, be held on a $500,000 bail on four counts of hit and run and one charge of evading a uniformed police officer on foot.

If Coffay's family pays the 10 percent, or $50,000, required to release him from jail, Coffay would be placed on a 24-hour curfew, barred from contacting the victims' families and friends, and forced to undergo drug and alcohol treatment and forfeit his passport, Simmons said in court.

Under the charges, Coffay faces a maximum sentence of 11 years and four months in prison, according to State's Attorney John McCarthy.

While McCarthy described Coffay's actions as callous, Coffay's defense attorney, Michael J. McAuliffe of Rockville, said they were "consistant with a panicked young man."

McAuliffe told Simmons the thing to do was reduce Coffay's bail amount so his family could get him to treatment. With a 58-year-old father in a nursing home suffering from advanced Alzheimer's and a mother fighting cancer, going to jail would make the situation for Coffay and his family worse, McAuliffe said in court.

Before the bail review, McAuliffe, of Rockville, spoke of what Coffay and his family have gone through in the past two days.

"He's broken to pieces," he said. "The family is hurting too badly right now."

In court, McCarthy argued that the initial $500,000 bond remain in effect. He said the surviving passenger, Charles Nardella, 19, of Gaithersburg told investigators that he, Coffay, 18-year-old Spencer Datt of Derwood, 18-year-old Haeley N. McGuire of Rockville and 20-year-old John Hoover of Rockville attended two parties before the 2007 Toyota Corolla crashed on eastbound Olney-Laytonsville Road (Route 108) after 3 a.m. Sunday.

Before the accident, Coffay was seen drinking at the parties, McCarthy said in court.

Upon the car coming to a stop after crashing into a telephone pole and two trees, Coffay left the accident scene without checking on his friends or alerting police, McCarthy said in court. Coffay told police "they were all fine" when he left the passengers, McCarthy said.

Datt, Hoover and McGuire were killed. Datt was declared dead at the crash scene, while Hoover was declared dead at 3:38 a.m. Sunday upon arriving at Montgomery General Hospital in Olney. McGuire died at a Washington, D.C., hospital at 6:52 a.m. Sunday, according to charging documents.

Nardella was taken to Suburban Hospital in Bethesda for treatment of non-life-threatening injuries. His condition was not available Monday afternoon.

According to Montgomery County Public Schools spokesman Dana Tofig, Coffay, Datt, Hoover and Nardella were graduates of Col. Zadok Magruder High School in Derwood, and McGuire was a senior.

Upon leaving the accident scene, Coffay fled through the woods, where police ordered him to stop on two occasions, McCarthy said. Without stopping, Coffay fled to a friend's house, who dropped him off at his Rockville house, where police were waiting for him.

When meeting Coffay outside his house, police officers noticed he had bloodshot eyes and smelled alcohol on his breath, McCarthy said in court.

Outside District Court in Rockville following the bail review, McCarthy said the investigation into the accident is continuing and more charges could be imposed on Coffay depending on the outcome.

The results of a blood test performed on Coffay after police caught him are pending, McCarthy said.

"As the parents of four kids, this is a tough moment," McCarthy said after the hearing.

He and McAuliffe know Datt's and Hoover's fathers, both of whom are lawyers in Montgomery County, they said.

After the hearing, McAuliffe appeared shaken by the accident.

"I know he could be any of our kids," McAuliffe said.

In the meantime, grief counselors were on hand Monday at Magruder.

Sierra Breese, a sophomore, said after school that she knew Datt and McGuire.

"It hurt so much," she said. "Even if you didn't know them, you were crying because of the sadness."

Students hugged and consoled each other throughout the day.

 

How should I deal with an insurance adjuster?

Attorney
(866) 735-1102 Ext 578

Posted by Jessica GrigsbyMay 16, 2011 11:54 AM

After you’ve been involved in a car accident that involved injury to yourself or property damage to your vehicle, seekingâ€"and gettingâ€"recovery from your insurance company can be a daunting task. Many of us will remember the process of simply shopping for car insurance as a confusing and complex process. But when it’s time for that insurance policy to kick in and give you some benefits, an entirely new set of questions starts to emerge: What are you rights as an insured person? What do all those terms in your policy actually mean? And, what is the actual process of getting paid?

One importantâ€"and relatively earlyâ€"step in the insurance claim process after you’ve experienced an accident is dealing with the insurance company’s claims adjuster. Knowing what a claims adjuster does and how you should deal with them will help you to make sure you insurance company pays you the amount of money it should.

In the days immediately following your accident, and after you have reported it to your insurance company, it is the insurance adjuster, or claims adjuster, who will contact you. From the perspective of the insurance company, the role of this insurance adjuster is to assess the damage that was caused by the accidentâ€"whether that is damage to your vehicle or injury to yourselfâ€"and essentially put a price tag on the total amount of damage that was caused. The amount that the adjuster lands on will be very important when it comes time for the insurance company to actually pay your claim.

While it can at times be difficult to work with an adjuster and make sure that they are giving you a fair and reasoned estimate, there are some things that you can do to influence the outcome and make sure that you are satisfied with the final settlement:

Be an informed consumer. Knowing your rights as an insurance consumer makes you a stronger negotiator with the company. Starting with the purchase of your insurance policy, until you have reached a settlement, make sure you know and understand what is going on. This means reading and understanding your policy and contacting your agent or insurance company or even the State Department of Insurance to clarify any doubts or questions that you have. Ask for documentation of anything that the insurance company quotes to support its position.

Document everything. If a dispute with your insurance company arises, having a strong paper trail to support your position is extremely beneficial. Documentation starts at the time of the accident: collect as much information as you can at the scene of the accident, even including photographs if possible. Keep all documents that relate to the accident: things such as doctor and hospital visits and bills, car repair estimates, rental car expenses, and other similar events. In addition, document all conversations that you have with the insurance company to keep a trail of statements or promises they have made to you.

Stand your ground. Don’t let the insurance company or adjuster talk you into settling too fast for too little. The settlement process can be long and intimidating and you probably just want to get it over with and move on, sometimes making any amount of money seem acceptable.

Get help. Knowing when you’re in over your head and need outside help can save you a lot of frustration. If your settlement is simply too complex for you to understand, you feel like the insurance adjuster isn’t treating you fairly, or you have been unsuccessful in your negotiations, hiring an attorney can really pay off.

The Demas & Rosenthal personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best California personal injury law firms will provide a free consultation.

What can you do if your car is damaged by flying debris?

Las Vegas, NV (KTNV) â€" What happens when you're driving down the road and something flies off the back of a truck and hits your car? Maybe your hood is damaged or your windshield is smashed, or something worse.

Contact 13 takes a closer look at who's responsible for the damage.

Karen Stewart of Henderson and her family were headed to Summerlin. They had just passed downtown Las Vegas on the U.S. 95 when she says three rock trucks sped by and a rock flew right into her windshield.

"It was loud and it scared me. Bam! And I look over and there's a rock truck. And it had flown by me and it's tarp wasn't tied down."

This is a problem that happens thousands of times per year.

The most recent study was in 2004 by the AAA Foundation for Traffic Safety. It found that more than 25,000 crashes are caused by vehicle-related road debris each year. This includes car parts, cargo, or other material.

Las Vegas attorney Robert Eglet specializes in these types of accidents. He's a board member of a national organization that certifies trial lawyers in trucking cases.

"Any trucking accident or dangers are a real problem in Southern Nevada," he explains. "There's a remarkable number of injuries from trucking accidents in Nevada."

Karen and her husband don't have an attorney but are trying to get the company Rainbow Rock to fix their windshield.

"We called them. We're like, ‘We have this truck number, (it) just broke my window with a rock.' They were like, ‘Oh, we don't do that. That's a road hazard,'" says Karen.

Her husband Dan also emailed the company but couldn't get any help.

Contact 13 obtained a copy of the email sent to the couple from Rainbow Rock's General Manager Travis Mickelson. It reads in part:

"I do not pay for windshields. You and your insurance will have to work it out. It is considered a road hazard. I do not have any proof that it [the rock] came off of any of my trucks. I take no responsibility for that."

When Contact 13 tried to get in touch with Rainbow Rock, Mickelson was out of the office. He called us back later, saying he didn't want to do an interview or issue a statement.

He did, however, repeat what was in his email: that this is an insurance issue.

But the couple says they are at a dead end with their insurance company and have been told that without any proof, the company can't take any action.

So what can you do if your car is hit and damaged by flying debris?

You might think getting the license plate number is enough but police say you should pull over right away and report it; having a police report will help support your claim. Call Nevada Highway Patrol if it happened on the freeway or police if you're on surface streets.        

"There is a log that is kept, that has to be kept, by federal law of exactly what routes during what times these truckers are taking," says Robert Eglet.

He adds that a driver's log will prove whether the truck driver was in the area at the time of the accident.

And don't put off taking action just because the truck may have a sign telling you to keep a certain distance away.

"They can put all the signs they want on the back of their vehicle that they're not responsible for any damage to anyone's vehicle but that's not true," says Eglet.

Here's the Contact 13 bottom line: If you find yourself in a similar situation, file that police report. And along with having to keep a log, most commercial trucks have a black box or "electronic control module" that keeps track of data, like average speed.

This information may help support your case.

Karen and Dan say they're considering taking Rainbow Rock to small claims court. If a company refuses to cooperate, that may be your best option.

Contact 13 spoke with the National Truckers Association, which says the problem is that too many drivers are willing to falsely accuse truckers of causing damage. But if a driver does want to take action, the association suggests drivers be willing to sign a sworn statement about what happened.

Woman charged in crash that killed family of 5

Web Staff FOX31 Denver

6:59 p.m. MDT, May 13, 2011

THORNTON, Colo . -- The Adams County District Attorney has formally charged Monica Chavez, 34, for her role in the deaths of a family of five in a traffic accident in February.

Police say Chavez was driving a SUV at a high rate of speed on the wrong side of the road near 84th Ave. and Grant in Thornton. A police investigation determined that Chavez initiated a multiple car accident when her car became airborne and landed on top of a pickup carrying the Stollsteimer family.

The entire family, including a husband, wife, and their three children, was killed on impact.

Chavez was taken into custody by Thornton Police this evening.

She is charged with five felony counts of criminally negligent homicide.

Drivers, Passengers Need to Know Their Legal Options In Single-Car Vehicle Accidents

Columbia, SC (PRWEB) May 13, 2011

In light of a single-car accident in Darlington County that made news this week in South Carolina, Columbia personal injury attorney Bert Louthian said today that drivers and passengers should know what their legal options are in such accidents.

“Even if no other car caused the crash, an injured motorist or the family of one who dies in a single-car wreck may still recover compensation for damages that can include medical bills, funeral costs, lost income, lost support and pain and suffering,” said Louthian, a partner of The Louthian Law Firm, P.A., which represents vehicle accident victims and their families throughout South Carolina in personal injury and wrongful death claims.

“That’s why it’s important to contact an experienced South Carolina personal injury lawyer who can assess the accident and help to determine which claims and insurance policies apply.”

In some cases, the injured party may be able to seek compensation from another individual’s insurance policy or from a company that has sold a defective product, Louthian said.

For instance, a passenger who has suffered bodily injury may be able to file a personal injury lawsuit against the driver and seek to recover compensation from the driver’s liability policy, Louthian said. In cases involving an automotive defect â€" such as a tire blowout, exploding gas tank, seat belt / airbag failure or vehicle rollover â€" a product liability action may be appropriate.

In other cases, a driver may be able to turn to their own insurance policy to cover property damage and bodily injury that has resulted from a single-car accident, Louthian said.

Collision insurance generally will pay for damage to the car or truck that was caused by striking another object, such as a tree, sign, or light post or an animal, such as a deer, he said.

Personal Injury Protection, or P.I.P. coverage, is another type of “no-fault” insurance that generally will cover medical bills, lost wages and certain other expenses arising from bodily injury suffered in a single-car wreck, according to Louthian.

However, because personal injury protection is optional and not mandatory in South Carolina, many motorists may not have such coverage or may not be aware that they have it.

“It’s important to work with an attorney who can review the insurance policy and determine whether it covers the type of accident involved,” Louthian said. “All too often, an attorney will also be needed to fight for an injured motorist’s rights when their own insurance company denies or delays paying a claim.

“The bottom line is that, depending on the facts of the case, an injured driver or passenger in a single-automobile accident may have legal options available to help them obtain the funds they need to get their life back on track.”

About The Louthian Law Firm
The Louthian Law Firm, P.A., of Columbia, S.C., is a South Carolina personal injury law firm that has been obtaining fair compensation for defective product victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm represents truck accident victims and their families throughout South Carolina in personal injury and wrongful death lawsuits, including those in the communities of Columbia, Charleston, Florence, Greenville, Spartanburg, Myrtle Beach and Rock Hill. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

 

 

Car-crash photographer guilty

Concord photographer Brian Blackden was found guilty yesterday of impersonating emergency personnel for showing up at a fatal car accident in Canterbury last year dressed in protective fire gear, misleading a state police trooper.

Concord District Court Judge Gerard Boyle handed down his verdict at the end of Blackden's trial yesterday afternoon, also finding the photographer guilty of displaying red emergency lights without authorization on the ambulance he brought to the Interstate 93 crash scene Aug. 25. He fined Blackden $1,000 for each of the two crimes and ordered him to pay a $240 penalty assessment but didn't sentence him to jail time.

Blackden's attorney, Penny Dean, said he will appeal the impersonating emergency personnel conviction to the Merrimack County Superior Court. Blackden is also suing the state police for allegedly violating his First Amendment rights by seizing his camera at the accident scene.

In ruling on the case, Boyle remarked on the length of Blackden's trial, which ran for several days in April and was continued to yesterday afternoon. The case involved misdemeanor and violation-level offenses that would normally take no more than two hours to resolve, Boyle said.

He said he was aware of the lawsuit Blackden filed against the state police in federal court, and "I frankly don't know whether this case would ever be brought if that case hadn't been filed," Boyle said.

At the same time, he said, "This is not a frivolous action brought by the state."

According to Trooper James Decker, Blackden - who worked as an emergency medical technician and firefighter in the 1980s - identified himself as being with the Penacook Rescue Squad and said he'd been toned to the early morning accident by the squad. He'd parked his ambulance behind a row of fire trucks and emergency vehicles along I-93, and he had its red emergency lights flashing.

Blackden, a freelance photographer who regularly took pictures at local accident scenes involving Penacook Rescue, said he was wearing the fire gear for protection and never identified himself as a member of the rescue squad or as an emergency responder.

Dean said he didn't have his name and town emblazoned on his gear like many local firefighters, and "if his goal is to trick these people, he's surely not that stupid," she said.

But based on what Blackden was wearing at the scene and Decker's testimony as to how Blackden represented himself, Boyle said there was sufficient evidence to find Blackden guilty of the impersonation charge, a misdemeanor.

Boyle also found Blackden guilty of displaying red emergency lights without authorization, a violation-level offense.

Blackden, who also owns a pepper spray supply shop on North State Street, said he bought the ambulance to use as a showroom for his pepper spray products and only uses the lights when he puts it on display in parades. He said he turned them on at the accident scene, however, to caution drivers on I-93.

Besides those charges, Boyle dismissed two different charges brought by the state police: one for obstruction of government administration and the other for unlawful entry to a controlled rescue scene.

While Boyle said he believed Blackden's presence at the scene had interfered with Decker's ability to do his job, he said the state hadn't properly pleaded the misdemeanor charge. Blackden had to act purposely to be convicted of the crime, but that language was missing from the complaint.

And while Boyle said there was "no doubt in my mind" that Blackden had entered the accident scene without permission from someone in charge, he said he couldn't find Blackden guilty of the violation-level offense because the state hadn't given him a copy of the uniform fire code Blackden was accused of violating. 

Fairfax Personal Injury Attorney Challenges Other Lawyers to Take the 'No Fee For Kids' Pledge in Car Accident Cases

May 12, 2011

Why should an attorney charge a legal fee to a child when that child's car accident case is settled without having to file a lawsuit? That's a question Fairfax attorney Ben Glass asked himself as he sat in court one day watching an attorney attempt to justify to a judge a large fee request in a child's car accident case that had settled without filing a lawsuit. The case itself was relatively simple and the insurance company had offered its policy limits. The judge felt that the fee was excessive for the risk and amount of work done and that got me thinking, said Glass, who is himself the father of nine children. What could we do for kids who are injured in car accident cases? Just as importantly, could I get other lawyers to join in?

Glass created the No Fee For Kids'¢ program, the first of its kind in the country, and he is challenging other lawyers join him. Under the law, most car accident cases involving children must have the settlement approved by a judge. The program is designed to give children an opportunity to be represented by an experienced personal injury attorney. For car accident cases that settle without having to file a lawsuit, there is no attorney fee charged for any child who is 12 or under at the time of the accident, he says.

Lawyers either love this program or hate it, says Glass. I've already had a few phone calls from some who think they are entitled to a fee just for showing up. Others have told me that this is a great idea and, indeed, they have joined the program. A video and more details about the program are available at NoFeeForKids.com. Others lawyers who have already pledged to create a similar program for kids in their area are listed at NoFeeForKids.org.

Benjamin W. Glass III, is a personal-injury lawyer based in Fairfax, Virginia. To schedule an interview with Attorney Benjamin Glass, call 703-591-9829.

 

 

Man gets maximum sentence for hitting cyclists

FARMINGTON " Life-altering moments can often happen in milliseconds.

A July 28, 2010, car accident, in which one driver struck two men riding mountain bikes, altered the lives of all three people involved, including the man who will suffer the consequences of a traumatic brain injury for life and the driver who will spend the next 4.5 years behind bars.

Chief District Judge John Dean sentenced Clifford Bunnie to the maximum sentence Wednesday for hitting Steve Magee, 55, and Corey Christy, 38, with his vehicle while the men were riding their mountain bikes.

"This is not the end of your life," Dean said in his address to Bunnie. "You'll be able to walk off physically unscathed, the other side will not."

Dean sentenced Bunnie, who pleaded guilty March 18, to three years for third-degree felony great bodily injury by motor vehicle and 18 months for leaving the scene of an accident, to be served consecutively.

Both families made emotional pleas to the judge, Christy's for the maximum sentence and Bunnie's for leniency.

Eight members of Bunnie's family apologized to Christy's and Magee's family, and told the judge Bunnie was kind, quiet and very caring in response largely to the victim's testimonies that Bunnie, throughout the court proceedings, did not appear to be remorseful.

That day, Bunnie was traveling north on Cordoba Way when Magee and Christy topped the hill and began to pick up speed.

Bunnie's Grand Prix slowed down near a stop sign but then

accelerated and drove through it.

The car broadsided Magee on the right, striking him with the front of the car, sending him flying through the air.

"He hit me and I went over the car and landed on the pavement," Magee said in court Wednesday.

"I didn't hear anything," he previously said. "The shock of getting hit freaked me out and I reached up and grabbed my head."

Magee believes the hot pavement helped him

regain consciousness.

"It was like lying on a frying pan," he said. "I watched (the Grand Prix) drive off and that is when I saw Corey."

Christy broadsided the car, hitting the driver's side door and was thrown to the pavement where he struck his head, police reported.

"I thought I would watch him die," Magee said of his friend.

Had it not been for the witnesses who heard the crash or the construction worker who witnessed it, it's likely Christy would not be alive.

The construction worker followed Bunnie's car for nearly four miles after he fled the scene.

"Had they not responded immediately, we would've been here on a homicide by motor vehicle," Chief Deputy District Attorney Dustin O'Brien said.

"To leave a man there dying is horrendous," Christy's wife, Julie said in court. "He is not fine. The struggles he faces every day are overwhelming."

Christy takes 12 pills a day, some anti-seizure medication, and has undergone two brain surgeries.

He remained in intensive care for 21 days following the accident and the couple's hospital bills are mounting â€" up to $300,000.

The expenses will continue to grow as Christy will need lifelong medical care for the traumatic brain injury.

"Bunnie admitted to knowingly leaving the scene without rendering aid after the crash," according to court records.

While Bunnie initially denied drinking alcohol, he told officers he smoked "two resin hits," around 5:30 a.m., before going to work at the Sonic.

A breath-alcohol test taken after the crash registered a .04, under the legal limit of .08, and Bunnie told police he drank two shots of Yukon Jack about 5:30 a.m., according to court records.

He was driving around in the Foothills area to "kill time," according to police records.

Bunnie could earn day-for-day good time in prison, meaning he could be out in a little more than two years.

 

Woman pleads guilty in fatal car accident

CHEMUNG COUNTY, N.Y. -- An Elmira woman involved in a deadly car-pedestrian crash last year ha pleaded guilty to driving while ability impaired by drugs.

The Chemung County District Attorney says Kelly Boston, 26, pleaded guilty in April after she hit and killed Mary Klugo with her car last September. An investigation revealed that Boston had been smoking marijuana before driving her car and was reading a text message immediately before the fatal impact.

There is no evidence that Boston was speeding or operating her car in a reckless manner.

The DA's office is seeking a sentence of three years probation.

Medina County: Two-car accident, two dead

YORK TOWNSHIP -- Two men died in a two-car accident on West Smith Road in York Township shortly after 10 p.m. Thursday.

David A. Smith, 22, of Brunswick, was driving his red 1999 Ford Mustang westbound on West Smith Road.

Police say Jeffery A. Bristow, 46, of Grafton, was heading eastbound on West Smith road, driving his purple 2007 Dodge Charger, when he drifted over the center line, hitting Smith head-on.

Smith was taken to Medina Hospital and was pronounced dead on arrival due to injuries from the crash.

Bristow was taken by Life Flight to MetroHealth Medical Center in Cleveland, where he was pronounced dead from his injuries.

Smith's passenger, Isabelle Striker, 18, of Medina, was also taken by Life Flight to Metro and is in stable condition.

Highway patrol said the roads were wet at the time of the crash and alcohol does not appear to be a factor.

Ohio State Highway Patrol was assisted by Medina County Sheriffs, fire departments and EMS from York and Erhart townships.

The crash remains under investigation.

The Associated Press

Attorney says baby that fell from car was restrained

The 15-month-old boy who fell from his mothers moving car Easter Sunday was restrained in a car seat at the time of the accident and is 'just fine', according to an attorney representing the 23-year-old woman.

Waco police issued a news release last week stating the baby fell from the car around 6:35 p.m. April 24 near South 18th Street and Primrose Drive.

A witness reportedly told police the child was run over by another car before his mother, Kyeshia Gaines, returned to pick him up, according to authorities.

Gaines was charged with endangering a child. The driver of the second vehicle has not been located.

Waco police spokesman Sgt. W. Patrick Swanton on Monday declined to comment on details of the case, saying determining whether the child was restrained in a car seat is part of an ongoing investigation by detectives.

But E. Alan Bennett, an attorney representing Gaines, contended the child was restrained in a car seat at the time of the accident. He said he could not speculate how the baby managed to get out the car door.

His exam in the emergency room Easter night (showed) there was no indication that he had been run over. He had a scrape to the ankle and a bump on the head . . . He just had a follow-up visit with the doctor, and he is doing just fine, Bennett said. This was an unfortunate accident.

Child Protective Services has not taken custody of the child, spokeswoman Julie Moody said.

Moody said officials typically work with parents to ensure children's safety, including the proper ways to restrain a baby in a car seat.

Shane Del Rosario Involved in Car Accident: Trainer Hoping He Will Fight Again

Two of the brightest prospects in Strikeforce's heavyweight division, Shane Del Rosario (11-0) and Daniel Cormier (7-0) were set to meet on the Strikeforce Grand Prix Heavyweight Tournament: Overeem vs. Werdum card; however that fight is off after Del Rosario was involved in a car accident.

According to MMAJunkie.com, the accident occurred on April 14. According to their report, Del Rosario was at a complete stop at a traffic light when he was hit by another driver. The accident totaled Del Rosario's car.

Del Rosario's trainer Colin Oyama said he feared that the injuries that Del Rosario sustained are bad enough to keep him from ever fighting again.

"He's planning on [fighting], but the injuries are serious enough to where it's kind of in question whether he can or not. We're hoping that he can. We'll know more in six months."

If and when Del Rosario can train he will have the distraction of a possible lawsuit against the other driver.

"Obviously, he's contacted an attorney, and he's gone to some of the best specialists around, so we'll see," said Oyama. "Zuffa and Strikeforce have definitely helped with that."

At this time, Strikeforce has not announced if they will seek a new opponent for Cormier for the June 18 card, which will take place at American Airlines Arena in Dallas, Texas.

Houston Car Accident Attorney to Lawmakers: Slow Down on Raising the Speed Limit

If a measure to raise the speed limit on certain Texas highways to 85 mph becomes law, it will expose countless people to the risk of serious car accidents, injuries and deaths, Houston personal injury lawyer Brad T. Wyly warns.

Houston, TX (PRWEB) April 27, 2011

Raising the speed limit to 85 mph on Texas highways would undoubtedly lead to a spike in serious and deadly car crashes, Houston car accident lawyer Brad T. Wyly said today.

Texas lawmakers, however, have been moving swiftly in recent weeks to enact a bill that would raise the speed limit to that threshold on select highways within the state. The bill, H.B. 1201, recently passed the House, while a similar bill is being considered in the state Senate, according to the Houston Chronicle.

We need to slow down and consider the consequences of allowing vehicles to travel at that outrageously fast speed, including the fact that it will likely encourage drivers to hit speeds as high as 95-100 mph, said Wyly, whose Houston personal injury law firm, Wyly Law Firm, P.C., represents motor vehicle crash victims and their families throughout Harris County and surrounding areas.

When a car, truck or motorcycle is traveling that fast, there's no time for a driver to react to other motorists' mistakes or their own mistakes, and the impact from a collision at that speed can cause catastrophic injuries and wrongful deaths, Wyly said. We should pass laws that protect drivers " not laws that expose them to almost certain danger.

According to the Chronicle, Texas has some of the fastest roadways in the country, with nearly 520 miles of roads featuring an 80 mph speed limit and another 1,400 with a limit of 75 mph.

However, the state also has one of the highest traffic fatality counts in the U.S., with more than 3,000 people dying on Texas roadways in 2009, the most recent year for which statistics are available from the Texas Department of Transportation.

A Fox News study named the stretch of I-45 in Harris County as the No. 5 deadliest stretch of road in America, based on 153 deaths occurring on the road in 2009.

I'm surprised that lawmakers would head down such a reckless path, Wyly said of the move to raise the speed limit. They're not looking out for the safety of Texas motorists.

Our law firm, however, will continue to promote safe driving and policies that encourage safe driving, he said, and we'll also stand up for the rights of those who suffer serious injuries and other losses in accidents caused by speeding, aggressive drivers.

About Wyly Law Firm, P.C.
The Wyly Law Firm, P.C., is a Houston law firm that represents individuals and small businesses in first-party insurance claims and natural disaster / hurricane claims. The firm also represents personal injury victims, including those injured in car, truck, motorcycle, bicycle or pedestrian accidents, throughout Houston and surrounding communities, including Harris County, Baytown, Pasadena, Galveston, Beaumont, Bellaire, Cloverleaf, Spring Valley, Missouri City, Aldine and Jersey City.

Attorney Brad T. Wyly, the firm's founder, is a skilled negotiator and lawyer. Wyly has extensive experience in personal injury cases, including claims involving complex accidents, catastrophic injuries and wrongful deaths. He has been named a Rising Star in Law & Politics magazine. To contact Wyly Law Firm, P.C., call (713) 574-7034 or use the firm's online form.

 

Brad T. Wyly
Wyly Law Firm, P.C.
(713) 574-7034
Email Information

Chicago Attorneys of Friend, Levinson & Turner, LTD Launch New Website

The Chicago law firm of Friend, Levinson & Turner, LTD recently launched a website to make it easier than ever to connect with an experienced personal injury lawyer or get answers to basic legal questions. (PRWeb May 10, 2011) Read the full story at http://www.prweb.com/releases/2011/5/prweb8383381.htm

Vallejo officer takes expertise to Columbia

It's not exactly a page-turner, but "Fundamentals of Forensic Mapping" could hold someone in the glare of its headlights following the heart-stopping and tire-screeching drama of many car accidents.The recently published 232-page book is the brainchild of Vallejo Police

A crash course for police, insurance agents

"Are you ready to see some car crashes and some car burning?" accident reconstructionist Michael Merolli yells into his microphone as hundreds of people stand and sit expectantly in front of him.

Police, insurance experts find a lesson to learn at crash and burn

"Are you ready to see some car crashes and some car burning?" accident reconstructionist Michael Merolli yells into his microphone as hundreds of people stand and sit expectantly in front of him.

One dead, on charged with DWI in Town of Clay

A 23 year old Liverpool woman was killed overnight when the car she was riding in struck a tree on Grampian Road near Braemar Drive in the Town of Clay.

Lodi woman suing Toyota over design

STOCKTON - A Lodi woman took Toyota to trial Thursday, blaming the carmaker for the poor design of its 1997 Corolla that failed to protect her from life-changing injuries she sustained in a head-on accident.

Defense wants leniency in 9 Ohio arson deaths

The defense wants leniency for a man convicted in the arson deaths of eight children and a woman at a birthday sleepover, but prosecutors who lost a death penalty bid say the crime deserves life in prison.

Driver Inattention Is Major Cause of Maine Motorcycle Accidents, Auburn Personal Injury Lawyer Says

Attorney Stephen B. Wade of the Maine personal injury law firm of Skelton, Taintor & Abbott urges drivers to pay more attention to motorcycles as May’s national Motorcycle Safety Awareness Month gets underway. (PRWeb May 05, 2011) Read the full story at http://www.prweb.com/releases/maine-injury-lawyer/motorcycle-safety-month/prweb8384709.htm

Defense seeks leniency in 9 Ohio arson deaths but federal prosecutors press for life sentence

CLEVELAND â€" The defense wants leniency for a man convicted in the arson deaths of eight children and a woman at a birthday sleepover, but prosecutors who lost a death penalty bid say the crime deserves life in prison. Meanwhile, sentencing for Antun Lewis, 27, has been delayed until June 22 while U.S. District Court Judge Solomon Oliver considers a request for a new trial. The judge has ruled ...

Washington Motorcycle Accident Attorney Urges Drivers To Pay Attention To Motorcycles

With statistics showing that motorcycle fatalities are on the rise in Washington state, motorcyclists and other drivers need to pay more attention to each other and follow safe driving practices, says Washington accident and injury lawyer Dean Brett. (PRWeb May 05, 2011) Read the full story at http://www.prweb.com/releases/washington-injury-lawyer/motorcycle-safety-month ...

Judge holds hearing in case over 2006 Toyota crash

Attorneys for Toyota are asking a Minneapolis federal judge to dismiss many of the claims in a case filed by a St. Paul man.

Judge clears 'Housewives' firing lawsuit for trial

A jury should decide whether Nicollette Sheridan's character was unfairly written out of the hit show "Desperate Housewives," a judge ruled Tuesday.

Distracted Driving Viral Video Contest along with Car Accident Attorneys, BISNAR | CHASE, Help Spread the Word about ...

Finalist of 2010-11 American Lawyer Academy (ALA) Viral Video Scholarship Contest Western Region have been chosen and are Waiting for Your Votes (PRWeb May 03, 2011) Read the full story at http://www.prweb.com/releases/2011/5/prweb8373544.htm

Cooper trial is almost at end

This morning, prosecutors and defense attorneys will knit together what they deem key details from the wide-ranging evidence gathered to determine whether Brad Cooper, a 37-year-old former Cisco employee, strangled his wife Nancy to death in July 2008.

Trial begins for man accused of hitting cyclist Ty Garner in 2009

The criminal trial for the Auburn man accused of leaving the scene of an accident after striking a bicyclist with his car began Wednesday in Lee County Circuit Court.

ESTEY BOMBERGER Files Car Accident Injury and Wrongful Death Lawsuit in Riverside County

The California Highway Patrol determined the primary cause of the crash was speeding, a violation of California Vehicle Code Section 22350, which states, “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers ...