Accident Attorneys' Group

Personal Injury Lawyers of CA

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$5 Million Settlement due to McDonald’s Burger

English: A selection of value-menu hamburgers ...

English: A selection of value-menu hamburgers from American fast food chains. Clockwise from left to right: McDonald’s McDouble, Burger King Buck Double, Sonic Drive-In Jr. Deluxe Burger, Wendy’s Double Stack. (Photo credit: Wikipedia)

In January 2012, a sheriff’s deputy caused an injurious accident in Santa Clara County that has now cost him $5 million to settle. And it all occurred because of a hamburger.

Deputy Greg Markovic crashed into Diem Van Lam’s 1994 Honda around 4 a.m. on January 9th. According to the report, Markovic was eating a McDonald’s hamburger and took his eyes off of the road due to its distraction.

The accident occurred after the deputy bit into his burger, put it back down, reached for his radio (which got stuck), turned on his rear amber warning lights by accident, looked down to correct the mistake, and then he hit Van Lam’s vehicle on the driver’s side. There is also speculation that the sheriff may have run a red light before impact.

Markovic survived the accident without any real injury, but Van Lam suffered a skull fracture, torn aorta, and broken ribs.

The deputy is no longer on patrol due to a “permanent disability” that he attained after a child rescue mission of another accident.

The claim was brought to the sheriff after the accident and both parties have now agreed on a settlement of $5 million dollars.

Being distracted while driving causes most of the accidents that drivers face. Perhaps your accident was/will not be caused by a fast food hamburger, but distractions come in many forms and they can all be destructive. If you or someone you know has been in an accident, contact the Accident Attorneys’ Group for a free consultation and essential information that will help you move forward.

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Big Rig Crash in Bakersfield

English: In , USA

English: In , USA (Photo credit: Wikipedia)

Two Wisconsin men were involved in an accident on Monday in Bakersfield, California. The driver apparently was enduring a coughing fit when the truck crashed into a canal.

The 37-year-old driver was en route in his semitruck with a passenger resting in the sleeping compartment southbound on Highway 99. He began coughing and his truck veered off of the road. His distraction prevented him from the stopping the movements.

The truck moved across lanes and then crashed into guardrails, down an embankment and into an irrigation canal. The mess took hours to clear.

Traffic was backed up for a large portion of the day as CHP cleared the wreck. Paramedics also arrived on the scene; the driver suffered minor injuries and his passenger was killed in the accident.

The passenger has been identified as Keith Michael Zeamer from De Pere, Wisconsin. His body was found submerged under parts of the cab that had gone underwater.

This accident is very unfortunate for everyone involved. Thankfully the truck did not hit any other cars as it traveled across the lanes; however, it is distressing that the crash still caused a fatality.

Driving while distracted is incredibly dangerous, no matter what the distraction is. It impairs visibility, judgment and reactions. If you find yourself in a situation where you are or will be distracted, take caution to avoid an accident; like pulling over until you’re safe to drive once more.

If you or someone you know has been in an accident, no matter the cause, contact a car accident attorney today. Hiring a lawyer ensures that your claims are all filed correctly and your compensation is competitive.

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Settlement with Edison for 2007 Malibu Fires Totaling $37 Million

Malibu Fires

Malibu Fires (Photo credit: Wikipedia)

In 2007, Malibu was among the Southern California cities that experienced the destructive wildfire; and now the city is receiving some compensation from a negligent party. Southern California Edison has agreed to pay $37 million to the state and city to repair the damages that its mistake caused.

According to the settlement agreement, Edison admits blame because it did not take “prompt action to prevent telecommunications company NextG from attaching fiber optic cable to joint poles in Malibu Canyon” after learning the dangers of doing nothing. This caused the poles to exceed state-mandated safety limits for weight.

The overweight pole was one of the three that failed by snapping and starting the fire. The fire then spread across the canyon, burning over 3,800 acres in October.

The case originally asked for $49 million, but the plaintiffs are happy with the outcome still. The settlement equaled 75 percent of the asking amount and will be sufficient in use of reparations. Edison will pay $20 million to the State of California’s General Fund and $17 million will fund pole loading assessments and resulting remediation work in Malibu.

This is great news for Los Angeles County and the state of California. The wild fires destroyed a lot of land and structures in 2007, and this money will aid greatly in the restoration of the area.

Losing property from a fire can be terribly traumatic and then very confusing. It is difficult to know what to do next and how to file paperwork correctly to ensure that everything is recovered. For property damage, accidents, injuries, etc. having an attorney is incredibly helpful. Contact an accident lawyer today to get the support that you need for your case.

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Major Crash on 210 Freeway

The 210 Freeway in Pasadena, CA

The 210 Freeway in Pasadena, CA (Photo credit: Wikipedia)

This morning, your drive may have been severely halted if you take the 210 freeway to work. In the San Gabriel Valley, a big rig crashed and blocked lanes for both east- and westbound drivers.

The big rig carrying fruit overturned just before 5 a.m. The driver crashed through the center divider near Myrtle Avenue in Monrovia. It is unknown whether the driver or anyone else has suffered any injuries at this time.

The accident has blocked three of the westbound lanes and two eastbound lanes and is expected to be fully cleared around 9:15. California Highway Patrol is on the scene, working as quickly as it can to clear the highway and reopen the lanes.

Traffic is also heavy on the westbound 605 freeway due to the accident.

Los Angeles traffic is always frustrating, but this morning it became much worse for commuters. The closed lanes have caused an intense backup for anyone driving on the two freeways and hopefully CHP will be able to remove the truck by its estimated time, if not sooner.

Major accidents like this are not uncommon. Whether it is a 35,000 pound big rig or your own personal car, vehicle crashes can occur at anytime and the outcomes are never certain. If you or someone you know has been in an accident and is unsure about what to do next, contact an injury attorney today to find out more information.

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Drunk Driver Not Given Any Legal Breaks

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.

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Bicyclist Killed in Vehicle Collision

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.

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Anaheim Crash Causes Multiple Injuries

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.

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

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.

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Man Nearly Beaten to Death in Huntington Beach

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.

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Los Angeles Jogger Attacked and Killed by Four Pit Bulls

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.