Accident Attorneys' Group

Personal Injury Lawyers of CA

May
17

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Drunk Driver Not Given Any Legal Breaks

Category: Auto Accident, Auto Safety, Blog, Car Accident, Negligence Tags: , , , , ,

On December 12, 2008, Ashley Schultz drove her 2001 BMW up the off ramp of the I-5 Northbound freeway and collided with an Acura. The crash left her paralyzed, and since then Schultz has been attempting to place blame on someone else.

The accident caused serious bodily injury to Schultz. She broke many bones, including her C4 and C5 vertebrae, and she became a quadriplegic. The other driver was left unharmed for the most part, so she was not faced with criminal charges regarding a third party injury; but she was convicted of drunk driving and fourth degree assault. She was sentenced to two days in jail and one year probation.

After leaving the restaurant, Schultz went to drive home. She turned onto the off ramp at Southwest River Parkway and Harbor Drive and crashed into the Acura immediately. Her blood alcohol content was recorded at .24% on site – three times the legal limit.

Schultz explains that on the evening of her accident, she was having dinner and drinks with work associates. She felt pressured to join in on the drinking and felt that the restaurant over served her and failed to call her taxi. Because of those factors, she has attempted to sue her employer and the restaurant at which she ate the night of her accident for compensation due to her injuries.

Schultz originally filed a lawsuit against her company for denying her worker’s compensation; but the courts ruled in favor of O’Brien Constructors because her injuries did not arise out of her employment. She explains that she was at a work function when she consumed the drinks, but she was really just out with coworkers and the situation was not work-related.

In 2010, she filed a lawsuit against La Costita Mexican Restaurant claiming that it did not act responsibly as it did not stop serving her drinks or call her a cab when it was evident that she had drunk to inebriation. She requested $18.7 million in her claim.

Schultz’s medical bills in 2010 had already totaled to about $900,000, and her future care costs were estimated to be an additional $5 million.

The courts ruled in favor of the restaurant though, and she lost once more. The ruling was partially based on a previous decision made in 2001 where the law then banned customers who voluntarily drink to collect money from restaurants/bars after being injured. Schultz claims that she didn’t voluntarily drink and that her boss was buying her too many drinks, but the court still found her at fault.

She is still seeking money in any way that she can. Though the restaurant is out of the case and she cannot receive worker’s compensation, she is still going after her employers and the coworkers that were with her that night because they supplied the alcohol for her. Schultz expresses how she only went out that night because she did not want to lose her job and felt pressured for them to like her.

It is unknown currently what will happen, but based on her record it is likely that she will not receive the compensation for which she is hoping. It is very rare that a person who was the drunk driver in an accident files lawsuits for damages, so the outcome of this will be interesting. Though everyone, including the restaurant, feels bad for Schultz and her injuries; it cannot be denied that the fault lies with her.

If you or someone you know has been in accident, contact AAG today.

May
16

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Bicyclist Killed in Vehicle Collision

Category: Auto Accident, Bicycle Accident, Blog, Car Accident, News, Wrongful Death Tags: , , , , , ,

REGULAR POLICE PATROLS HELP KEEP DOWN THE NUMB...

REGULAR POLICE PATROLS HELP KEEP DOWN THE NUMBER OF BICYCLE THEFTS ON NICOLLET MALL – NARA – 551464 (Photo credit: Wikipedia)

Late last night in Florence, California, a bicyclist was killed by a motorist. The driver of the vehicle was fleeing from the police due to his involvement in a shooting that took place moments before.

The victim’s identity is unknown at this moment, but he was described by authorities as a Hispanic male aged 30 to 40 years old.

The driver, whose identity has not been revealed yet either, was being chased by the cops after a shooting that occurred around East 84th Street and South Avalon Boulevard. Apparently, there was a dispute between the driver and his girlfriend and the man fired three shots into her car.

The police found him driving and followed him with cruisers and a helicopter. Once he reached East 84th Street and South Central Avenue, his dangerous driving killed the cyclist.

The driver dragged the victim across the street and then attempted to run once more. The police caught up to him and took him into custody. They are still searching for the gun that was used in the initial shooting.

Accidents are a tragic part of our lives as drivers and as cyclists. Thankfully the police was able to arrest the criminal in this instance, because many times drivers get away with it. If you are the victim of a car accident or a bicycle accident, contact the Accident Attorneys’ Group. We can help you file the correct claims, refer you to medical assistance, and award to you the highest compensation possible for your suffering.

May
15

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Anaheim Crash Causes Multiple Injuries

Category: Auto Accident, Blog, Car Accident Tags: , , , , , ,

A woman is loaded into an air ambulance that l...

A woman is loaded into an air ambulance that landed on Ski Hill Rd. after a head-on crash near Lifford Rd. on Thursday, Jan. 6, 2011. She was flown to Toronto’s Sunnybrook hospital with serious, life-threatening injuries. Another woman was also airlifted to the same hospital with serious injuries. (Photo credit: Wikipedia)

Early Sunday morning, Anaheim experienced a major collision at Gilbert Street and La Palma Avenue.

The driver, whose identification is currently unknown, had been drinking that evening. The suspect reached the intersection, and instead of stopping at the red light, crashed into two stopped vehicles.

The two vehicles were filled with passengers. It has been reported that eight people were injured in the accident, but their current conditions have not been disclosed.

The driver who caused the accident was arrested on site and faces the charges of a felony DUI.

Paramedics responded quickly and rushed the wounded to the hospital. At this point, there does not appear to be any fatalities.

Driving under the influence of alcohol or drugs is illegal and very dangerous. Sometimes offenders get away with a ticket, and other times their actions cause damage to innocent people. A felony DUI conviction, for what this driver was arrested, can lead to 180 days in jail, a $3,000 fine, a four-year license restriction period and an 18-month alcohol education program. Felony convictions can have serious impacts on one’s future as well, including employment.

If you or something you know has been involved in an accident caused by a drunk driver, contact an injury attorney today to learn more about your rights as the victim.

May
14

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Police Search for Former Billionaire Club Member and Ex-Convict for Manslaughter Charges

Category: Auto Accident, Blog, Car Accident, Negligence, News, Wrongful Death Tags: , , , , , , ,

San Francisco just before sunset. This panoram...

San Francisco just before sunset. This panorama was taken at the Twin Peaks and is stitched from 12 portrait format images. For stitching PTGUI was used. Français : San Francisco au coucher du soleil. Vue panoramique depuis Twin Peaks réaliée en assemblant 12 images format portrait avec PTGUI. (Photo credit: Wikipedia)

In August of last year, Edmond Ralph Capalla was hit and killed by a taxi cab while crossing the street in San Francisco. Justice has not been served, but it can be now.

San Francisco police are searching for Reza Eslaminia, a once wealthy man whose previous trial in the 1980s opened the public’s eyes to the Billionaire Boys Club, onto whom to press charges. He was connected to the 1984 death of his father and was later sentenced to life in prison. However, in an appeal, the charges were dropped and he moved to San Francisco after being freed.

Eslaminia and his father, Hedayat Eslaminia, a former Iranian government official lived in exile in the Bay area. Eslaminia became a member of the Billionaire Boys Club while living with father. This social club was an investment group that recruited sons of billionaires to join in on get-rich-quick schemes. The death of Eslaminia’s father was suspected to be a kind of botched extortion job.

Eslaminia and an associate were brought to trial. They were convicted of second-degree murder and sentenced to life without possibility of parole. In 2000, Eslaminia’s conviction was overturned and he was released from prison. He then began working as a taxi driver in San Francisco.

On the night of Capalla’s death, Eslaminia was driving his taxi and ran a red light. He then hit another car, spun out of control and crashed into Capalla, who was crossing the street. Police immediately arrested him for the crime, but a judge ruled that there was not enough evidence to charge him for a felony and he was released.

Law enforcement is now filing charges against him for misdemeanor manslaughter. The warrant was released on March 29 and he has still not been found. Eslaminia is also wanted in a 2008 DUI case from Los Angeles on a separate warrant.

Once he is arrested, he will be tried and faces possible jail time. It is important that he is captured, as his criminal record needs to be addressed and so future offenses can be stopped.

Accidents happen far too often, unfortunately. Whether it’s a vehicle crash, hit and run or pedestrian collision, it is important to enlist an accident attorney.

May
13

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Man Nearly Beaten to Death in Huntington Beach

Category: Blog, News, Personal Injury Tags: , , , , , , ,

Surfers abound near Huntington City Pier

Surfers abound near Huntington City Pier (Photo credit: Wikipedia)

On Friday evening, a fight apparently broke out between two groups of teenagers at Murdy Park in Huntington Beach. A woman and her boyfriend witnessed the fight and attempted to break it up. This then led to four teens ran after the man and beating him nearly to death with their skateboards.

The four teens whose names, ages and genders are currently unavailable were arrested on suspicions of murder following the attack.

The woman passing by attempted to cease the fighting, but was then attacked. Her boyfriend, the 25-year-old victim, then intervened to save her. The kids chased him across the street to a Laundromat and beat him severely. The man was immediately rushed to the UCI Medical Center’s trauma center and underwent emergency surgery.

The teens are currently detained and face attempted murder charges. The complete details of the event are unknown, but the police are investigating the two versions. The woman’s story claims that the two of them endeavored to stop the fight and were consequently attacked; a father of one of the teens claims that the man assaulted his child and the others first, and was then attacked in self-defense.

No matter which version of the story is valid, the fact is that a man was seriously beaten by four teenagers with skateboards. His current situation is unavailable; but hopefully because he was quickly taken to the hospital, he will make a full recovery. The severity of his condition will likely impact the outcome of the teens’ trial, as the charges that they face currently are only attempted murder.

Unfortunate events like this can happen to anyone at anytime, and it is important to know what to do next. Medical bills add up and emotional stresses can be more harmful than physical injuries. Contact an injury attorney today to start working on receiving your due compensation.

May
10

By

Los Angeles Jogger Attacked and Killed by Four Pit Bulls

Category: Blog, Dog Bite, News, Personal Injury Tags: , , , , ,

An American Pit Bull Terrier muzzled. Español:...

An American Pit Bull Terrier muzzled. Español: Un Pit Bull Terrier Americano con bozal. (Photo credit: Wikipedia)

A 63-year-old woman was attacked by at least four tan-colored pit bull terriers Thursday morning. The provocation of the attack is unknown, but a witness driving by spotted the dogs mauling the jogger and attempted to disperse them.

The witness called the police and honked her horn to chase them away. When the police arrived, there was still one dog on the scene. The dog initially ran away, but then came back and attacked the officer as well. He attempted to shoot the dog, but missed and the dog ran off into the desert.

Los Angeles and neighboring cities have been warned to watch out for the dogs. It has been reported that the dogs have attacked people before and have been seen roaming around the city.

The jogger died in the ambulance on the way to the hospital and currently the coroner’s office is looking for cause of death.

It is likely, given the area, that these dogs were dumped by a previous owner. It is unclear currently whether the dogs had collars or identification, but because they look similar it is plausible that they have come from the same place.

Dog bites and attacks obviously can be very serious and even fatal. If this happens to you, or someone that you know, it is helpful to have an attorney on your side. Contact AAG today to find out what rights you deserve as a victim.

May
9

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Culver City Family Receives $8.8 Million for Wrongful Death

Category: Blog, News, Wrongful Death Tags: , , , , , ,

A picture of a Culver City bus taken on April ...

A picture of a Culver City bus taken on April 17, 2008, at the intersection of Westwood and Wilshire Boulevards in the Westwood neighborhood of Los Angeles, California. (Photo credit: Wikipedia)

Three years ago, Leroy Grissom was killed by a police officer in Culver City. The twenty-seven year old was shot three times in the back after being pulled over by a police officer who suspected him of robbing an electronics store.

Though he did commit the crime, he did not pose any additional threats once pulled over in the parking lot and he was unarmed. Because of this, the attack on him was unwarranted.

Grissom died from the gunshot wounds. His family outraged by the cop’s actions, filed a federal lawsuit against the Culver City Police Department for the wrongful death.

Wednesday, the federal jury found the defendant guilty and awarded the family $8.8 million in damages. The police department is unsure whether an appeal will be filed yet or not.

Despite Grissom committing a crime, there is no excuse for a police officer to shoot a civilian without any threat present. Grissom was unarmed and cooperating; however, he was still killed.

If you feel that you have experienced a serious injury or death and the fault lies with someone else, contact an injury attorney today to receive information on your rights.

May
8

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LAPD Racial Profiling Goes to College

Category: Blog, News Tags: , , , , , , , ,

Los Angeles Police Department (LAPD) Bell 206 ...

Los Angeles Police Department (LAPD) Bell 206 Jetranger helicopter (Photo credit: Wikipedia)

As the school year comes to an end at University of Southern California (USC), students who are anxious to graduate or to complete another year look for experiences in which they can relax and avoid the stresses of upcoming finals and deciding grades.

Nate Howard, a senior at USC, attempted to provide an event like that last Friday night. He threw a party at his house near the campus to celebrate the upcoming graduation that was registered with campus police and required student IDs at the door to ensure that it would not get out of hand. However, at about 2 a.m. Saturday, the Los Angeles Police Department arrived in a manner that suggested it had gotten severely out of hand.

Over 80 LAPD officers showed up to the house in riot gear and with a helicopter after receiving noise complaints from the neighbors. They used excessive force to empty the house of students, applied handcuffs and even arrested six students – Howard was one of them.

The reason for LAPD’s unnecessarily intense reaction to noise complaints? Perhaps the fact that the party was comprised of mostly African-American students, so prejudices and stereotypes were utilized.

Since the event, USC has seen protests and even held a meeting with LAPD on campus. Howard was accompanied in his protest by over 100 students that held signs reading, “We are scholars not criminals.” The party organizer also criticizes LAPD’s priorities as it sent 80 officers to one party when they could/should have been doing something else.

The next day after the protest, a panel of LAPD officers spoke with a packed audience of students in a USC auditorium that holds 1200. LAPD Captain Paul Snell explained how the police responded to a noise complaint and felt threatened, but “[he does] not believe that this was race-based.”

However, based on the fact that there was a party across the street from Howard’s house that was attended by mostly white students and was handled in a much more tame way, that doesn’t seem true. Sarah Tither-Kaplan explains how her party was just as loud and police arrived after receiving noise complaints, but no one was arrested or forced out.

LAPD assures the students that it will look further into the matter after hearing that all attendees of the meeting felt that the attack was race-based. Depending on LAPD’s next move, it may face trial for a lawsuit of racial discrimination.

If you feel that you have been mistreated, abused, neglected or simply want appropriate compensation for any suffering that you have experienced, contact an accident attorney today to see what you can do.

May
7

By

Los Angeles Searching for Driver of Truck that Crashed into Restaurant

Category: Auto Accident, Blog, Car Accident, News Tags: , , , ,

Early this morning, a pickup truck crashed into a restaurant located in a strip mall in Compton. Both the truck and the restaurant caught fire from the accident and the driver fled the scene.

The accident occurred around 2:45 a.m. at El Infierno Restaurant at the intersection of Santa Fe Ave and Pine Street. Thankfully no one was injured in the crash or the fire, but law enforcement is searching for the driver.

Authorities believe that this was an arson attack based on a previous event. This makes finding the driver even more important as he must face criminal charges because this was not simply an accident.

If anyone has any information, please contact the Los Angeles Sheriff’s Department’s Compton Station.

Have you or someone that you know been in an accident? Whether it was a truck, motorcycle or pedestrian accident, it helps to have a great attorney on your side. For more information, including a free consultation, contact an injury lawyer today.

May
6

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Northern California Limo Unexpectedly Catches Fire and Kills a Bride and Four Bridesmaids

Category: Auto Accident, Blog, Car Accident, News Tags: , , , , , ,

Car on fire

Car on fire (Photo credit: jenswedin)

In the San Francisco Bay area, tragedy struck Saturday night when flames erupted in the back of a limo transporting nine women on their way to a wedding party. The cause of the fire is being investigated and is still unknown, but it did claim the lives of five of the women, including the bride.

Neriza Fojas, a recently wed nurse from Fresno, and her friends were on their way to a party at a hotel where her new husband was waiting. Though wed already in the States, Fojas and her husband were traveling to the Philippines in a month to have another ceremony in which her whole family could join.

Fojas along with four other friends could not escape the vehicle before the flames reached them.  As the limo made its way to the San Mateo-Hayward Bridge, the women complained about a smell of smoke to the driver, Orville Brown. He pulled over when he could and after he exited the limo, he saw that the back of the vehicle was on fire. Though the attempts from him and passing motorists to help the passengers escape were not futile, the fire burned too quickly to ensure safe releases for all of them.

Brown is the only one who escaped without injury. Two of the four remaining passengers, Jasmine De Guia and Amalia Loyola are in critical condition and being treated for smoke inhalation and burns. The other two, Nelia Arellano and Mary Guardiano are also in the hospital, but the inhalation and burn injuries are considered moderate.

Three of the ladies managed to leave the vehicle through the rear passenger door before the fire reached them and one exited through the partition between them and the driver. It appears that the remaining women were also attempting to exit that route, but could not escape in time. Their bodies were found at the partition.

The four women who were killed with Fojas are unknown currently as their bodies are severely damaged and will require more investigation to make accurate identifications. Their remains as well as the limo are being tested for any fire accelerant or any toxics that could explain the cause and intensity of the fire.

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