Attorney Blog

Drunk Driver Kills Ontario Woman on the San Bernardino Freeway

davidr@ricksassociates.com (Blog Author)24923 — Tue, 12 Jan 2010 08:00:00 EST

As I was driving along the I-210 freeway, I was thinking about the number of people who have suffered at the hands of a drunk driver. To drive this point home, I recently read an article that recounted a December 20, 2009 accident with a women who lost her life on the San Bernardino Freeway (I-10) after she was struck from behind by a drunk driver traveling at more than 120 miles per hour.

It was reported that the accident happened early in the morning around 2:42 a.m. The suspected drunk driver was a 43 year old Anaheim man driving a 2009 Acura MDX. He was seen going 120 mph on the eastbound 10 Freeway, just east of Santa Anita Avenue and west of Peck Road in El Monte, as reported by Patrol Officer Krystal Carter of the California Highway.

As a result of the complete lack of regard for other’s safety, the drunk driver’s car struck a 1994 Mitsubishi driven by a 42-year-old Ontario woman who was minding her business and driving within the speed limit. According to the California Highway Patrol, traffic had slowed when the driver of the Acura violently struck the rear of the Mitsubishi.

Tragically, the Ontario, California resident sustained extreme and severe injuries from the impact and passed away. Additionally, the Mitsubishi had two other passengers who were also injured by the gross negligence of this drunk driver. As is so often the case, despite the violent nature of the collision, Vanauken, (the drunk driver) sustained only minor injuries according to the patrol officer. Information concerning the blood alcohol level of the drunk driver disclosed that his blood alcohol level was over the legal limit. Now, as a result of his choices, he faces criminal charges and the guilt of having caused the death of another human being. However, more tragic is the pain that will be felt by the family of the Ontario woman who will no longer be with them simply because someone else drove drunk.

With tens of thousands of lives lost annually at the hands of drunk drivers, I just wonder how long as a society we put up with this conduct. If you see a drunk driver call 911 immediately. If you see someone trying to get in a car after drinking, please try to stop them. It is better that you hurt their feelings, then they destroy their life and that of others.

Bicycle Safety Equipment Saves Lives and Reduces Serious Injuries

davidr@ricksassociates.com (Blog Author)24686 — Thu, 07 Jan 2010 08:00:00 EST

An 8-year-old Temecula boy, while riding his bike, avoided apparently severe head trauma after he was hit by a pickup truck in Temecula. The Press Enterprise reports from an officer on the scene that "The damaged bicycle was dragged under the pickup for about 50 feet following the collision." There were no further details on the status of any other injuries to the boy.

This simple story tells us several things. First, the proper use of the safety helmet really did its job. Second, the mandatory use of bicycle safety helmets arose as a result of work by trial lawyers representing injured parties. In fact, safety equipment has often been implemented and developed by the work of attorneys bringing matters of safety to the forefront through litigation and personal injury lawsuits.

While many will bemoan the evils of the trial lawyers, we have safer vehicles, equipment, products and everyday items. Think of the Pinto cases where Ford merely put a price on the lifes that would be lost rather than to correct a known safety failure. Now, the cars of today have real safety features that have reduced the loss of life and serious injury. Is the monetary cost so great that it is not worth preventing the wrongful deaths or serious injuries of many people?

I do not want to think of what might have happened to this 8 year old boy had he not been wearing a proper safety helmet.

If you have been injured in an accident or by a defective and dangerous product, speak with a personal trial lawyer at the Inland Empire Law Group. 1-888-MY-IELAW.

Insurance Companies Can be So Frustrating to Work With

davidr@ricksassociates.com (Blog Author)24674 — Thu, 07 Jan 2010 08:00:00 EST

I have been practicing injury law for 22 years. In all that time, I have had more dealings with insurance companies and adjusters than I care to think about. Most of the time, I am dealing with them for personal injuries or bodily damage claims. Recently however, I have had to deal with some damage to one of my cars, an older Toyota Tundra. It was hit in a parking lot by a young driver. Due to my own schedule, I did not get around to having it fixed right away. Finally, prior to the Christmas holiday, I decided to have it repaired. I took it to my repair shop of choice, secured an estimate, faxed it to the adjuster and provided all the contact information for the payment of the claim. So far, so good. That was on December 22, 2009. On January 5, 2010, I get a call from Sharp Image Collision Centers, Inc., saying that the truck is ready. I am excited. I tell the body shop to call the insurance company and have them send a check to release the truck. It could not be any simpler than that, so I thought.

The auto body shop calls the adjuster who informs them that they cannot provide the check because they have not finished reviewing the estimate. Liability is admitted. The estimated cost of the repair was sent weeks ago and they still have not reviewed the estimate? The estimate is a mere two pages and done with the software sactioned by the insurance company. "So when will it be done?", I ask after taking over at this point. Maybe several days. Do they care that every day the work has not been done, they pay more for rental expenses, etc? They don't.

They blame the plaintiff's lawyers for the cost of injury work. I say, do an internal look, the insurance companies are hemorrhaging money from the inside.

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Inland Empire Drunk Drivers Put the Rest of Us In Danger

davidr@ricksassociates.com (Blog Author)24092 — Tue, 29 Dec 2009 08:00:00 EST

The Daily Bulletin reports that the number of drunk driving arrests increased in 2009 as compared to 2008. This means that the rest of us are in more danger of being involved in a serious action. In nearly every case I have handled involving a drunk driver, the injuries suffered by the victims of a negligent drunk driver have been serious. This is generally true because the drunk driver is driving erratically, or the conduct is so erratic that the serious injuries naturally increase. For example, a drunk driver on I-10 in Claremont, California causes an accident by running into a stranded motorist on the freeway at night. Or, a drunk driver veers into an disabled vehicle on the side of the 57 freeway in Diamond Bar striking the vehicle and the driver that was out of his car. Finally, a drunk driver enters the freeway going the wrong direction on the freeway, causing a head on collision and death and serious injuries. A large percentage of the auto deaths in Rancho Cucamonga in 2007 and 2008 were caused by drunk drivers.

Please don't drink and drive. If you are involved in an accident during the holidays, or at any time, seek immediate legal advice to help you through the ordeal. The Inland Empire Law Group is a good place to go. Call 909-481-0100 to discuss your case.

Twentynine Palms and Morongo Valley Highway Has Seen Serious Rise in Traffic Accidents in 2009

davidr@ricksassociates.com (Blog Author)23602 — Fri, 18 Dec 2009 08:00:00 EST

There is serious concern in Morongo Valley over the significant increase in traffic related deaths on the Twentynine Palms Highway. According to information from the California Highway Patrol, there have been ten deaths from eight traffic collisions between the western border of Yucca Valley and downtown Morongo Valley. This number of traffic deaths is an increase from no fatalities in 2008 and only seven deaths during the entire ten year period of 1997 to 2007 reports the Hi-Desert Star on December 17, 2009.

Four of these deaths came as a result of a vehicle traveling on the wrong side of the road or running off the road. Some efforts have just started to determine how accidents can be reduced through the use of barriers, monitoring speeds or increasing traffic enforcement.

Sometimes accidents are caused by drunk drivers, inattention to road conditions, exhaustion and sleep deprivation. Other traffic collisions are caused by a combination of road conditions and driver error. Some Morongo Valley traffic accidents are merely caused by the negligence of one or more drivers.

Serious injuries or deaths from traffic collisions and auto accidents in Morongo Valley and Twentynine Palms, require quality legal representation to at least recover monetary damages for your losses. The Inland Empire Law Group brings experience, compassion, litigation skills and a desire to achieve the highest level of success to your Twentynine Palms traffic collision cases and Morongo Valley auto accident injury case.

Call 1-866-MY-IE-LAW for a free initial consultation for your injury or wrongful death claim. You will receive straightforward responses and will meet a law firm committed to your success. Alternatively, send us some information on your case through the submit case form, and we will evaluate your case and discuss it with you. Call now. 1-866-MY-IE-LAW.

Road Conditions in San Bernardino and Riverside Increase Cost for Accidents, Travel and Maintenance

davidr@ricksassociates.com (Blog Author)23601 — Fri, 18 Dec 2009 08:00:00 EST

A very interesting study was recently presented by TRIP a national transportation research group out of Washington, D.C. That study showed that the condition of roadways in San Bernardino and Riverside urban areas resulted in an annual additional cost to drivers of $2,076. This additional cost comes from the overall impact of traffic crashes ($461), additional vehicle operating cost ($632) and delays due to congestion ($938) from deteriorated or insufficient road conditions. We learn from this report that there are often other associated factors contributing to a Riverside auto accident or a San Bernardino traffic collision, besides the drivers themselves.

In my practice of 22 years as a San Bernardino County personal injury attorney and Riverside County auto accident lawyer, I have seen car accidents, resulting in personal injuries or death, due to highways not being properly constructed or from the lack of proper safety equipment in place during construction or road repair. Just recently I learned of a motorcycle accident wherein a man who was riding his motorcycle in the evening when he hit a pot hole in a highway overpass, lost control of his motorcycle and died from the accident. Other situations can arise when lane stripping has worn away so drivers can not see their own lane.

The TRIP report continues by stating that of all large cities (500,000 population or greater), the Riverside and San Bernardino urban area has the eleventh highest percentage of pavements in poor condition in the nation. An astounding fact is that nearly half of the area’s major roads are rated in poor condition. Just 4% of the roads in San Bernardino and Riverside were considered in good condition.

Details of the fascinating report can be found at http://www.tripnet.org/state/Riverside_and_San_Bernardino_PR_121709.pdf or by clicking here.

If you or a loved one has been injured or killed in an accident, please give our office a call to review your legal matter and evaluate your legal rights. We can be reached for a free initial consultation at 909-481-0100 or toll free at 1-866-MY-IELAWYER.

Head-on Collision Sadly Causes the Death of an Adelanto Man

davidr@ricksassociates.com (Blog Author)22548 — Sat, 28 Nov 2009 08:00:00 EST

It was recently reported that Frank Wellman, a 60-year-old gentleman from Adelanto died recently during the late afternoon hours as a result of a head-on collision. Mr. Wellman was on Bridle Path Drive in Fontana, California when Dale Fossler of Phelan was traveling in the opposite direction (westbound) on Coyote Canyon Road (also known as Duncan Canyon Road) where the roads curve into each other. It appears from all reports that Mr. Fossler’s vehicle crossed the painted center dividing line into the path of Mr. Wellman’s eastbound vehicle.

According to all information, the accident remains under investigation. However, it should be noted that local residents reported the dangerousness of this intersection several years prior to this accident. According to Fontana Police Department records, on January 8, 2007, residents familiar with that area, informed the Fontana Police at a Hunter’s Ridge Community Meeting that there had been numerous accidents at this blind spot in the road where there is a sharp curve. The residents asked if there was anything that could be done in regard to the speeder around the curve. The City of Fontana’s, Eric Lewis with the Engineering advised the police “These 2 roadways do not intersect. Clarification is required. However, speeding motorists are curtailed through increased enforcement.” From an Internet search, nothing further was done after several accidents and citizen concerns.

Accidents are often caused by merely negligent drivers, but may also be caused as a result of defective construction, dangerous conditions of public property or improper maintenance of roadways. It is unclear whether this accident was caused by anything other than operator error, but in any accident like this, careful research and consultation with an expert is critical.

Motorcycle Riders are Highly Susceptible to Serious Injury Accidents

davidr@ricksassociates.com (Blog Author)21990 — Wed, 18 Nov 2009 08:00:00 EST

When riding a motorcycle, you must expect that the drivers of the other vehicles on the road are not going to see you. Here is what the DMV states in the California Motorcycle Handbook: "There are no guarantees that others will see you. Never count on "eye contact" as a sign that a driver will yield to you. Too often, a driver can look right at a motorcyclist and still fail to "see" him/her. The only eyes thatyou can counton are your own. If a vehicle can enter your path, assume that it will. Good riders are always "looking for trouble"—not to get into it, but to stay out of it." Page 22. With so many cars on California highways and roadways, California motorcyclists must be extremely careful to avoid being an accident victim.

Add on top of the difficulty of seeing a motorcyclist, driving drunk, driving tired or driving distracted. The likelihood of being injured on a motorcycle goes up, up and up. Many motorcycle accident deaths each year are caused by inattention, drunk driving, and rider error.

I have represented motorcycle drivers and their families as a result injuries or death caused by another driver not seeing the motorcyclist sharing the road with them. These car drivers were not intoxicated, they were not impaired, they just did not see the motorcycle rider as they made a lane change or turned across or into a lane. Several of these riders were killed on impact while others were seriously injured. Some of these cases include a Riverside motorcycle rider who was driving through an intersection when a car turned left into the pathway of the motorcycle causing a fatal injury. A Rialto motorcyclist traveled down a three lane road when a van crossed all three lanes and struck the motorcycle causing seroius injuries to the motorcyclist. One more example, but certainly not the only, a Riverside man traveling on his motorcycle as he went to work, a driver turned in front of the motorcyclist again causing the instant death of the rider. Inland Empire motorcycle accidents, such as these, are tragic accidents in seen in Ontario, Riverside and Orange County, California. They can often be avoided with mor attention by drivers and riders. These two motorcycle wrongful death claims could only be settled for the policy limits of the car drivers because there were no other assets to pay a judgment. While these settlements were the maximum available, they could never fully compensate the loved ones left behind. This is almost always the case.

If you are a motorcycle rider that has been injured as a result of a negligent driver, you need to speak with a personal injury lawyer or auto accident attorney that understands how to evaluate your case and can fight for your rights and prove your case. David H. Ricks at the Inland Empire Law Group has experience, is a proven trial attorney and will work very hard to secure an excellent recovery for you or your loved one. Call David H. Ricks at 909-481-0100 or 1-888-MY-IELAWYER.

Drunk driving accidents in the Inland Empire cause injuries and death -- Rancho Cucamonga Personal Injury Attorney

davidr@ricksassociates.com (Blog Author)20190 — Sun, 18 Oct 2009 08:00:00 EST

Between 2006 to 2008, Victorville saw 21 Fatal Accidents Caused by Drunk Drivers

I was recently considering another blog or article on drunk driving and how it affects the victims. To support my blog I did some research on drunk driving car accidents in Victorville, California. I was surprised to see how many fatal accidents were caused by drunk drivers in the high desert, especially Victorville. From the statistics drawn from city-data.com, the Victorville area saw 8 deaths involving drunk drivers in 2006, then 7 in 2007 and additional 6 in 2008. These types of deaths are generally called wrongful death claims. During that same research, I ran across a news article about two woman who were struck by a drunk driver on the I-10 freeway.

Loma Linda experiences the death of a teenage girl by a drunk driver

The article outlined that Vickie Chen, a 19-year-old woman, was struck on the 10 Freeway near the Richardson Street overpass in Loma Linda, by a drunken driver when she and her friend, both from Rosemead were trying to change a tire along side of the freeway. At that moment, a drunk driver came along at 70 mph, smashed into the disabled car and ran over the two woman. Several days went by between the accident and Ms. Chen’s passing. Her friend, Ms. Elaine Shin Ly suffered contusions and a compound fracture of her right leg.

Tens of thousands of drunk driving related deaths occur each year in the United States with many of those fatalities occurring in Southern California. The tragedy associated with this loss. Unfortunately, even if the driver has insurance coverage, not all the insurance in the world can make up for this loss. So often it is not the drunk driver that gets hurt, but some innocent person, like a stranded motorist.

Seriously injured victims of drunk driving accidents can potentially recover damages for their medical expenses, loss of earnings and any other actual loss. Additionally, recovery for pain and suffering damages, loss of enjoyment of life and other similar damages may be recovered. Finally, under the right circumstances, punitive damages may be recovered from the drunk driver. Unfortunately, punitive damages cannot be paid for by insurance coverage. Therefore, if the intoxicated and negligent driver has no assets, punitive damages are useless.

Here are some recommendations if you, or a family member has been injured or loss their life due to a drunk driver. First, receive the proper medical care or emergency attention. Second, obtain an attorney that is experienced and competent in the area of personal injury law or wrongful death recovery. Thereafter, focus on your physical and emotional recovery while your attorney works on securing the best recovery for you.

If you have a story about a drunk driving accident that you want to share, post your experience here in the comments section.