Los Angeles Injury Lawyers Blog

The horrible accident in La Canada that took the life of a 12 year old girl and her father and severely injured several other people is the worst kind of tragedy. A preventable one. Death. Injury, Destruction, Sorrow, Loss all preventable in so many ways. Please encourage your elected officials, your business owners your drivers to take action to protect lives before they are lost, NOT after.

The Collision was widely reported on April 2, 2009 by all of the news agencies in Southern California and throughout the nation. A quick Google search shows how this tragedy was reported.

So what happened. A driver a truck transporting cars, lost control and braking power of his truck as he was coming down Angeles Forest Highway, into La Cananada. When his brakes failed he slammed through an intersection causing this terrible accident.

This accident should not have happened.. First CALTRANS was warned for several years to ban trucks on this stretch of the Angeles Forrest Highway because of the fear and risk of what happened that April 2, 2009. There was a prior accident where the same type that caused the destruction of several vehicles. City officials from La Canada had requested the ban of trucks - but those request were ignored by CALTRANS officials. It is only now after this horrible accident that the ban will go into effect. CALTRANS should have acted sooner, ban trucks on that stretch of the road, as the change of conditions in that area over time made this route unsafe for commercial truck travel.

CALTRANS would be responsible in some part for the damages incurred by those who lost there loved ones and suffered injuries. Holding CALTRANS responsible requires getting around the immunities that attach to government agencies such as CALTRANS. Essentially CALTRANS is immune from liability for design of the highway, unless it can be established that due to changed conditions the intersection is now a dangerous and that CALTRANS new of the danger with enough time to correct the condition prior to the accident. In this case, aggressive investigation will undoubtedly establish the conditions necessary to hold CALTRANS liable. And they should be held liable and responsible.

The driver of the truck and his employer would be responsible for this accident. A truck driver must use extraordinary cation to prevent these accident. He and his employer must diligently inspect the truck before every trip. Certainly investigation into this matter will include obtaining the driving record, the trip logs and all maintenance records for the vehicle.

I am very saddened whenever I here of such devastating losses. It is such a tough time for those injured and the family of those killed to be thinking about why. In such cases it is important to find competent legal representation. This will take the burden off you and your family so that you can begin the healing process. If you were effected by the La Canada tragedy or wish to speak with an attorney about other accidents and injuries please contact The Halpern Law Firm. You will speak directly with a lawyer to help you through these difficult times.

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Posted In: Auto Accidents

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Jim Steinberg and Venessa Colon from the Fesno Bee reported yesterday about a string of collisions in the Central Valley, one of which caused the tragic death of a Lemoore women, near the town of Caruthers. The Article “Crash in Dense Fog Kills Women Lemoore driver dies in one of 3 collisions on Valley Highway” details the events leading up to this fatal accident and two other valley accidents.

It can be a scary commute across the central valley. Especially this time of year where thousands of motorist commute from Southern California Cities such as Los Angeles, Orange County, Ventura, Simi Valley up to Northern California for the holiday. And vice versa. We have to share the 5 and 99 freeway through the valley with these big rig trucks. Its important that as we make this drive we slow down to help protect ourselves and our passengers, we can not count on the truck drivers.

The common factor in each of the reported collisions was fog and big rigs. This is a deadly combination. Its unfortunate that we have to read with sadness these stories every year when the fog sets in and reduces visibility sometimes to zero. I think that in conditions such as this, Big Rig trucks should be grounded and not allowed on the roads until conditions become safer. Similar to the grounding of airplanes when the conditions make it unsafe to travel.

This photograph shows the sheer destruction of vehicles that are hit by big rigs.

In an earlier entries " Big trucks cause injuries on Los Angeles Freeways" and "Truck accident kills man in Los Angeles Westlake District." I discussed the dangers of trucks on our highways. The foggy conditions magnify these dangers. The article by Steinberg and Colon in the Fresno Bee give good tips of safe driving in the fog. Additional driving tips can be found at California Highway Patrol Web Page “Fog Driving Safety Tips”
If you must travel during foggy condition, please follow these safe driving tips.

An important message from The Halpern Law Firm , is to be careful out there and have a safe holiday season. If you or a loved one is an unfortunate victim of an accident, its important to take the immediate steps to protect your legal rights and insure fair and just recovery. The attorneys at the The Halpern Law Firm will listen to your story and provide you with the best legal advise so that you can begin to heal, knowing that your rights and recovery are being protected.

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Seven people were injured in North Hollywood when a car slammed into a police vehicle on the 170 freeway. This prompted the California Highway Patrol to shut down a popular Los Angeles freeway. The Los Angeles Daily News reported in “Southbound 170 Freeway Temporarily Closed by Crash” that a Chevy Impalla struck a CHP patrol officer that was assisting a stranded motorist.

In a past entry “Los Angeles Women Killed in Traffic Accident on PCH demonstrates dangers” I discussed the dangers that happen when you become stranded on the freeway. This recent collision in North Hollywood demonstrates these dangers. We all hope that those people reported injured have a speedy recovery.

As far as responsibility. A detailed investigation will have to be conducted to determine all potential responsible parties. Certainly the driver of the impala that was reported to have been caused the initial crash. Other pertinent information would have to include why the stranded vehicle was stopped on the freeway to begin with and how other vehicles became involved in this accident.

Thorough investigation into all parts of accident is important to assure a full and fair recovery to victims of this case. This investigation must include the existence of any uninsured motorist coverage, not only on the drivers, but also on any passengers injured in this collision.

If you or loved one is a victim of an auto accident please contact us at The Halpern Law Firm . We will listen to your story and provide you with the best legal advise so as to secure a fair and just settlement.

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Los Angeles Unified school district is one of the nations largest school districts. The districts encompasses most of Los Angeles County and includes 968 different schools. The school districts has millions of students in its classrooms daily. Parents throughout Southern California place their children in the trust of the teachers and administrators of these schools. What happens if your child seriously hurt, injured or worse killed because of an accident or violent event at school. Is the school responsible ? In this series of entries I will share with you some past experiences of mine and others in dealing with school district liability and responsibility - as well as explaining some of the legal issued involved in injury claims against the school district.

Here is some basic law on school place injuries.
California law imposes upon school districts a duty to carefully supervise students
while they are on the school premises during the school day, and districts may be held liable for injuries caused by the failure to exercise such care. (Hoyem v.Manhattan Beach City Sch. Dist. (1978) 22 Cal.3d 508, 513.) Public employees, including school teachers, principals and administrators, are liable for injury caused by their own acts or omissions to the same extent as a private person, and public entities, including school districts, are liable for injuries caused by acts or omissions of their employees within the scope of employment. (Gov. Code §§§§ 820(a) and 815.2(a).)
Due to the special relationship between a school district and its students and their families, there is an affirmative duty on the district to take all reasonable steps to protect its students. This duty is based in part on the compulsory nature of education. (Rodriguez v. Inglewood Unified School Dist. (1986) 186 Cal.App.3d 707, 714-715.)
Since students spend most of their time in the classroom under the supervision of teachers, the burden to provide a safe and peaceful environment falls on their shoulders. As employees of a school district, public school teachers have a statutory duty to supervise their students in order to maintain this safe and welcoming environment. (Ed. Code §§ 44807; Dailey v. Los Angeles Unified School Dist. (1970) 2 Cal.3d 741, 747.) Teachers are required to "hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess," and may impose reasonable necessary physical restraint in order to maintain a safe environment. (Ed. Code §§ 44807.)

If you have any questions about in general or about a specific incident please contact The Halpern Law Firm . so that we can provide with specific answers to your questions.

First things first - Get immediate medical attention. If your child suffers an injury at school make sure they get the needed medical attention immediately. I always advise my clients that their health is the number one priority and they take all actions necessary to preserve their health. This means is your child is seriously injured - go to the emergency room or your pediatrician so that their injuries can be properly evaluated. If you do not have insurance your child may qualify for Medi - Cal or emergency Medi - Cal a hospital administrator should be able to help you complete the forms at the time of admission. If you know you wont qualify for medi - cal you should try to enroll your children in Los Angeles Healthy Kids Program. Information about these programs can be found at Healthy Kids / LA Care Health Plan.

If you do not have any coverage, an experienced attorney may be able to evaluate your potential case and provide you with a referral to a doctor who will provide your child with the needed medical attention. The attorney will make payment arrangement with the medical provider so that the doctor is paid out of any settlement or judgment in your case.

Worry and take care of the health of your child - let the lawyers take care of the legal stuff. It is very important that if you suspect that your child’s school injury was caused by the school, its employees or negligence on the part of the district that you contact a lawyer immediately to preserve your rights. A school district and its employees are public entities. With all government entities a Government Tort Claim must be filed within 6 months of the date of the negligence. If this deadline is not met your child’s right to recover damages may be lost.

If you have any questions or want more information about a school place injury please contact The Halpern Law Firm . for a complete confidential and free consultation.

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The Los Angeles Times in an article “Man run over, killed by dump truck in Westlake district” written by Ruben Vives, reports of the death on a Los Angeles man who was run over by a dump truck.

There was construction work being done near Occidental Blvd and Hoover St. in the City of Los Angeles. Apparently a dump truck struck the man running him over. He was killed by the incident.

This is an unfortunate accident that should never have occurred. While we do not know all of the facts, it is important to be diligent and aware of your surroundings at any construction site. Further, those in charge of the construction need to assure it is being conducted safely. In this case, you cant help but wonder if a Flagman was employed would this have prevented the death of this man. Caltrans produces a "Flagging Instruction Hand Book" this is a guide that should be implemented on all construction zones. Proper use of a flagman can best protect not only the public but also the safety of the workers.

Work Zone Safety reports statistics in “Fatalities in Motor Vehicle Traffic Crashes by State and Construction/Maintenance Zone" which lists state by state statistics of fatal accidents. In 2007 there were 80 people killed in construction zone accidents ranking California third on the list of fatalities behind Florida and Texas.

It is always sad and devastating for the friends and family of someone who has been killed in accident. Frustration and anger are often accompany the grief especially in tragedies that should and could have easily been prevented. If you or loved one wishes to speak to an attorney about a accident death or injury caused in a construction zone, or any other type of accident or crash please contact us at The Halpern Law Firm .

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A Fullerton women and several others were seriously injured on a popular Los Angeles to Arizona freeway in Southern California. The accident happened on the East bound I 40 freeway near San Bernardino.

It was reported by the O.C. Register that a Porsche Cayenne was rear ended by a big rig truck. The person killed from Fullerton was the driver of the Cayenne. Several other cars and vehicles were involved on the accident.

According to Wikipedia, the I-40 freeway is a major East West Freeway running through the Mojave Dessert from Barstow to Needles. It is known as the “Needles Freeway”

The accident was being investigated by the California Highway Patrols Major Accident Investigation Team (MAIT). This is a specialized unit of the California Highway Patrol that is called to investigate major traffic accident, usually involving fatalities. MAIT will conduct a full blown accident reconstruction wherein they will examine the scene and vehicles to determine what happened.

As I reported in an earlier entry entitled "Big Trucks Cause Injuries on Los Angeles Freeways" big rig trucks on our highways cause a serious threat to the public. Its worth repeating these statistics here.
According to Motor Carrier Management Information System
In 2007 in California alone there were 5,315 Injuries in Crashes Involving Large Trucks and in every year since 2003 there have been between 300 and 400 fatalities as a result of large truck accidents. These statistics are derived from the Fatality Analysis Reporting System (FARS), the Motor Carrier Management Information System (MCMIS) Crash and Census data, and the Federal Highway Administration's (FHWA's) Highway Statistic Series.

If you or loved one has suffered an injury in a vehicle accident. It is important to speak with an experienced attorney. The attorneys at the The Halpern Law Firm will listen and understand your story and provide you with the legal help necessary to obtain a full and complete recovery.

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The fatal dog mauling of young Katya Teresa Todesco in Simi Valley is a horrible reminder of dangerous dogs, and irresponsible owners. Simi Valley is within Ventura County just north of Los Angeles near Moorpark and Thousand Oaks. On September 23, a pit bull mauled and killed young Katya as she visited a friends house.

In response to this vicious attack, SImi Valley city counsel oredered a Ventura County Animal Control to provide a report on the dangers of pit bulls. The Ventura County Star reported the details. In summary It was reported that Pit Bulls do not see children under 12 as humans and their attacks are so dangerous because because of the pure power of the dogs jaws.

I reported in an earlier blog about dangerous dogs. This story sadly high lights these dangers. I am hopeful that these events do not repeat themselves, however I am certain that they will.

If you or loved one has been injuried by a dog attack please contact The Halpern Law Firm to speak to a knowledgable and caring attorney who get you the results and recovery you deserve.

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Cuing Nguyen from Santa Ana was killed in a motorcycle accident. The 26 year old Nguyen was kocked off his bike when he was struck by an SUV, while still lying in the road, he was run over by a second SUV. The Los Angeles Times reported that Nguyen died at the scene after being run over by the second vehicle.

This loss must be devastating on Cuing Nguyen family. To loose a young man in such a way seems senseless. More and more motorcyclist on on our roads. The energy and gas crisis has led to an increase in new riders. This meand that motorist need to be diligent when the drive and keep a look out.

In this senseless loss blame is something that must be investigated, if the original accident was the fault of SUV then that driver would be responsible for subsequent death of Nguyen. The second SUV would also be liable for Nguyen death.

I encourage Nguyen family or anyone else who has suffered injury or loss of a loved one from a motorcylce accident to speak with a comptent attorney, without delay.

If you have been injured or lossed a loved one in a motrocycle accident please contact The Halpern Law Firm to speak to a knowledgable and caring attorney who get you the results and recovery you deserve.

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Jekaterina Ferguson, 25, of Pacific Beach was killed in a traffic collision in Sorrento Valley near San Diego. The San Diego Union Tribune reports that a tow truck driver ran a red light in Sorrento Valley killing Mr. Furguson.

Obviuslly the Family of Mr. Ferguson must be devastated by this loss. Our sincere prayers and sympathy go out to his family and friends.

Tow trucks provide a valuable service to our community in helping stranded motorist, but they are not above the law. Drivers of every type of vehicle tow trucks, big rigs, cars, motorcycles, scooters and even bicycles need to pay attention. When you stop paying attention, even for a moment tragedy happens.

In investigating a fatal accident such as this, it would be important to obtain information from every witness to the event. Even beyond that, the tow truck was probable supplied with a "event data recorder" which would record things like speeds and breaking leading up to the accident. In addition obtaining from the City the traffic signal phasing would be helpful in putting together this accident.

Other things to obtain are the driving record of tow truck driver, including any felony arrest, DUI information and drug testing results.

In this case the Family of Mr. Furguson should speak to an experienced lawyer to assure an appropriate recovery. The lawyers at The Halpern Law Firm would be happy to speak with any one who suffered such a devastating loss. We will listen, understand, and spend the time necessary to allow you to tell your story. We will answer all your questions and provide you with best possible legal representation to make sure no stone goes unturned and you recieve the best possible recovery.

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Christopher Dodd, a forty eight year old Ventura man was struck as he crossed Thompson Blvd., on his way to Smart N Final in city of Ventura. New paper reports failed to provide much detail of the accident, except that the driver of the car that hit Mr. Dodd, fled the scene.

Even if this accident occurred outside of a marked crosswalk, the driver could still be responsible for Mr. Dodd's injuries. Drivers have a duty to keep a look out for all hazards, and if Mr. Dodd should have been seen, he should not have been hit. Obviously if he was inside the cross walk the driver should have stopped and let him pass safely.

I discussed the dangers of being a pedestrian in an earlier blog. This latest incident again highlights dangers and the need to keep constant look out whether your driving or a pedestrian.

I sincerely hope that Mr. Dodd has a speedy and full recovery. In this case if the responsible party is not found, Mr. Dodd may still be able to recover for his injuries directly from his uninsured motories coverage, if he has such coverage. We encourage Mr. Dodd to speak to an expereinced and knowledgeable attorney to help him secure appropriate recovery for his injuries.

If you have a loved one who has been injurred in an accident please contact The Halpern Law Firm to speak to attorney who will care, listen and help.

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A women from Oxnard and her daughter were seriously burned while trying to light a fire in Thousand Oaks. The Ventura Star reported some of the details. However the exact cause of these burn injuries needs to be carefully examined. Often times there are faulty gas cans, fire pits or other faulty safety designs that contribute to the fire.

I sincerly hope that this family can have a full and speedy recovery. They were transported to the Grossman Burn Center in Van Nuys California which is located just North of Los Angeles.

Burn Injuries are very serious events. Those who suffer from these burns often have to go through very painful and protracted treatment and are left with permanent scars and limitation in movement.

These burn injuries need careful evaluation of their impact to the victim. Evaluated all of burn victims limitation will help determine the full extent of their damages.

If you or loved one has suffered a burn injury please contact The Halpern Law Firm to speak with a caring and knowledgable attorney. We will work with you and your doctors to acheive the maximum recovery you deserve.

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The Bakersfield Californian reported that a pit bull dog was siezed after attacking an neighbors dog and owner. The dog lived with its owner in Bakersfield California, within Kern Cournty on the 1100 block of Blossom Street. The pit bull escaped from its yard. Neighbors had reported that the dog had attacked to other people in recent weeks.

In earlier blogs I posted about the prevalence of dog attacks. Pit bulls are aggressive dogs and need to be kept by diligent and responsible owners. In this case, the owners would face automatic liability for the victims injuries and damages. In addition the owners of the home that housed the dog may be liable if they knew that the dog lived their and had escaped in the past.

It is important in every dog attack to documents the circumstances of the attack and the injuries. This means early and diligent investigation. In addition to documenting the injuries and scarring.

If you have been attacked by dog, please contact The Halpern Law Firm for a free consultation. Rest assured that we will listen and provide you the answers and recovery you need.

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