LA County Judge Claims Excessive Police Force

A Los Angeles County Superior Court Judge, David S. Cunningham, III, claims UCLA police used excessive force Saturday morning after he was stopped for a traffic violation.  According to NBC News, Judge Cunningham claims he was pushed against a patrol car, handcuffed and told he was under arrest for what ultimately amounted to a seatbelt violation.   UCLA's Police Department has acknowledged the judge was indeed stopped and a complaint has been filed.  This incident reportedly occurred after Cunningham was  stopped on Gayley Avenue just after leaving the parking lot of the Westwood LA Fitness.  

What To Do After You Have Been the Victim of Excessive Force

In most instances of police or security misconduct, in which excessive force was used, it is best for the victim to do everything they can not to escalate the situation and run the risk of suffering even more severe injuries.  Many people being apprehended by the police or private security officers believe they are innocent of any crime, and this prompts them to resist.  It is almost always a bad idea to try and overcome the force being used to effect an arrest, even an unlawful one.  Resisting a police officer in the performance of their duty (even if the initial stop is unwarranted) can lead to additional, criminal charges.  The best course generally is to express yourself calmly, and let it be known to those around you that you believe you are being victimized.

Because of "dash cams", cell phone videos and store surveillance footage, many instances of excessive force are recorded.  In the case above, for example, it may well be that the dash cam on the UCLA police cruiser captured at least some of the incident.  If excessive force was used, it will be very difficult for the police officers to overcome such evidence.  Since you as the victim may not know initially if the incident was recorded, it is always a good idea to photograph any visible injuries at the first opportunity.  Police and security officers may only use that force reasonably necessary to effect an arrest, and no more.  Sometimes excessive force is coupled with an unlawful arrest, and in those instances it is best to immediately seek the consult of a criminal defense lawyer as well as one who handles civil rights cases.

If you or a loved one is injured by what you believe was excessive force, an injury attorney with experience at handling such matters can often protect your rights and obtain compensation for your injuries and damages.

SOURCE:  Judge Files Complaint Against UCLA Police for Excessive Force, KNBC News, November 25, 2013, by Patrick Healy and Andrew Lopez

Fatal Crash on Santa Ana Street - Suspected DUI Driver Arrested

Early Thursday morning one person was killed and four others were hospitalized after a suspected DUI crash in Orange County.  According to KTLA News, the collision happened at about 1:15 a.m. when the driver of a Honda, traveling at a high rate of speed, lost control and hit a fence and utility pole on North Fairview Street.  A male passenger in the car, 23 years old, died as a result of the impact, and the other three passengers were all in critical condition.  The driver of the Honda, 20-year-old Ulises Mendoza, was taken to the hospital with minor injuries and was later booked into the Santa Ana jail on charges ranging from gross vehicular manslaughter to DUI under the age of 21.

What You Should Do After an Injury Auto Accident

The accident above is an unfortunate reminder that no matter how many times collisions like this are reported in the media, there are those drivers who will get behind the wheel while intoxicated.  If you are the victim in such an accident, you have rights, and those include the right to be compensated for your injuries and damages.  One way to make sure you have done everything you can to protect yourself is to contact a personal injury attorney.  An experienced attorney will have the ability to: obtain the Traffic Collision Report, interview witnesses, inspect the scene, gather medical records/bills, gather wage loss information and present the necessary paperwork to the adverse insurance company for consideration.

Not all claims can be settled short of litigation, so it is important to be represented by an attorney who has spent considerable time in court and who knows the litigation process.  Filing the lawsuit is just the beginning, and civil cases can involve years of written discovery and depositions.  While the vast majority of cases settle prior to trial, every case's value is affected by the pre-trial litigation process.  This fact makes it that much more important to retain a seasoned attorney who can carefully navigate through the process to bring you the optimal result.

if you or a loved one has been the victim in a serious automobile accident, an Orange County injury attorney with more than 22 years of experience can help.

SOURCE:  Driver Charged With DUI After Santa Ana Crash That Killed 1, Injured 4, KTLA News, November 22, 2013, by John A. Moreno

What To Do After a Hit-and-Run Accident

Early Sunday a hit-and-run driver caused a head-on crash in Newport Beach that injured six people, three of them critically.  According to ABC News, the collision happened on Pacific Coast Highway and Newport Boulevard around midnight when a vehicle traveling northbound on PCH reportedly crossed over the center line and crashed head-on into a car coming the opposite direction.  Police believe one of the drivers may have been driving while under the influence, according to the ABC story.  Three of the people injured in the southbound vehicle were taken to a local hospital in critical condition.  The police are still trying o locate the driver who caused the crash.

What to Do When You're Involved in a Hit-and-Run Crash

Collisions like the one above happen all too frequently, and they often remain unsolved for a number of weeks if not months.  If you are involved in such an accident, there are certain things you can do to protect yourself and best ensure you ultimately receive compensation for the injuries and damages caused by a hit-and-run driver.  First, the accident should be reported immediately to the police, and you should avoid getting involved in any sort of chase with the driver.  Second, every bit of evidence at the scene should be documented in photographs to the extent possible.  This should include photos of the point of rest of your vehicle, damage to your car and any evidence left at the scene (such as debris) by the hit-and-run driver.  It is extremely important to avoid disturbing any of the evidence as the police will also want to photograph or at least document the location of debris.  One issue that almost invariably comes up is that of paint transfers.  If you have the ability to inspect your vehicle at the scene, you should look for any paint on the bumper or fenders that may have been transferred from the hit-and-run driver's car.  That evidence should be carefully photographed, without disturbing its condition.  Finally, cooperating to the extent possible with law enforcement may very well help identify the adverse driver and ensure their arrest and identification for insurance purposes.

Beyond the steps above, it is important to report the accident promptly to your own insurance carrier. This is important for a number of reasons, not the least of which is that there are certain insurance policy/legal limitations on the amount of time within which you have to report a hit-and-run accident.  Also, if there driver is never identified or they do not have auto accident insurance, your claim for injuries and damages may have to presented to your own insurance carrier as an "uninsured motorist" claim.  Drivers who are not identified are considered uninsured pursuant to most automobile insurance policies.

If you or a loved one is involved in a hit-and-run accident, you should contact an experienced injury attorney to assist you with getting through the maze of paperwork and claims requirements in order to secure your right to compensation for any injuries or damages sustained.

SOURCE:  Pacific Coast Highway hit-and-run crash leaves 6 injured, KABC News, November 17, 2013, by KABC News, Orange County News

Whittier Truck Crash Leaves Car Driver Seriously Injured

A truck driver making a u-turn at the bottom of a freeway exit in Whittier apparently caused an accident early this morning, resulting in serious injuries.  According to KTLA News, citing official sources, the big rig driver made an illegal u-turn at about 1:15 a.m., and the driver of a Dodge Challenger was unable to avoid hitting the trailer, ripping the roof off of the car.   The truck driver then went back onto the freeway and kept going, at least until he was stopped and arrested by deputies from the Los Angeles County Sheriff's Department.  The driver of the Dodge was hospitalized in serious condition as a result of the collision.  

Scene of the Accident and Determining Fault

The stretch of Pioneer Boulevard where the accident occurred is in a residential neighborhood, and the only traffic control device at the 605 freeway exit is a stop sign for those leaving the freeway.  Consequently, the truck driver was obligated to enter Pioneer Boulevard only when it was safe to do so, and the driver of the Dodge would likely have had the right-of-way.  The speed of the Dodge will be a factor in reconstructing the accident and determining fault. The speed limit in the area is 35 mph, and given the damage to the car it stands to reason the driver was traveling at or near the limit.  Apart from the speed of the Dodge, there will also be an issue as to headlight usage on both vehicles and whether the injured driver should have been able able to see the truck in time to avoid the collision.   The truck driver's flight from the scene would suggest he was conscious of the fact he was at fault for the accident and evidence of flight can be used to prove "consciousness of guilt."

What to Do After an Injury Accident

After an injury accident that wasn't your fault, while it certainly won't the first thing on your mind, evidence gathering is one of the most important things you can do to protect your right to compensation.  Nearly everyone has a cell phone camera that can be perhaps the most useful tool in these situations.   If at all possible, you would want to document not only the damage to the vehicles but their points of rest after the collision.  In addition, taking pictures should assist in establishing the lighting conditions that existed at the time.  Also, taking pictures of the interior of your vehicle may help to establish the severity of the impact, seatbelt usage and air bag deployment.  Once those pictures are taken, they should be preserved not only on the cell phone but also in a hard copy and in an e-mail, so as to greatly lessen the chances the evidence will be lost or destroyed.

If you or a loved one has been injured in an automobile accident, contacting an Orange County car accident attorney may be the best way to ensure your right to compensation will be vigorously pursued and protected.

SOURCE:  Roof of Car Cut off When it Collides with Big Rig on 605 Freeway in Whittier, KTLA News, November 11, 2013, by Ann Pride

Worker Run Over by Suspected Drunk Driver Near Airport

Early this morning a suspected drunk driver struck and badly injured a construction worker along a southland roadway.  According to KTLA news, the incident happened in the Sepulveda Boulevard tunnel near LAX at about 5:00 a.m.  The victim, a contract worker for Caltrans, was hit by a white pickup truck and suffered multiple injuries, including broken broken bones.  The injured worker had to be rushed to the hospital for emergency medical treatment.  The driver of the truck, identified as 30-year-old Devin Scott Enderle, was arrested at the scene and is being held on $100,000.00 bail.  

Legal Issues Arising from the Accident

Aside from the criminal case brought against the truck driver, an accident like the one above also raises a number of potential civil claims.  For example, since it appears the victim was working at the time of the incident, he will likely need to bring a worker's compensation claim in order to b compensated for his lost time from work and any disability resulting from the accident.  Under the California workers' compensation system, typically the only issues in a case like this are whether the accident happened in the course and scope of the victim's employment and then determining the permanent disability (if any) the worker suffered as a result of the incident.  Under the workers' compensation system, an injured employee is not entitled to compensation for pain and suffering arising from a work-related accident.  Compensation for those damages must be obtained through a civil lawsuit brought against the responsible party.  In this context, that lawsuit is generally described as a "thrid party" claim.

In a third party claim, both the injured employee and their employer's workers' compensation insurance carrier are entitled to seek compensation and reimbursement from the negligent party.  In general, the employee will seek damages for pain and suffering while the insurance carrier will seek reimbursement for disability and medical payments paid to the injured employee.  For example, if the carrier paid benefits of $50,000.00 as a result of the incident then they would be entitled to that amount (less certain deductions set by statute), and the employee would be compensated for their pain and suffering.  While resolution of these cases can be quite complicated (depending on such things as policy limits, employer neglect, etc.), they are generally well worth pursuing for the injured employee who would otherwise be left with no compensation for the pain and suffering they endured.  Lost wages and medical expenses are very important, but they are only two of the components that make up any personal injury case.

If you or a loved one has been injured in an accident, representation by an experienced Orange County personal injury attorney can help with obtaining all of the compensation to which the victim is entitled.

SOURCE:  Suspected Drunk Driver in Custody After Worker Struck Near LAX, KTLA News, Local News, November 7, 2013, by Ann Pride

Bus Accidents - Dangerous and Distracted Drivers

An uncover investigation by KNBC News has revealed confirmation that distracted bus drivers present a very real and common threat to bus passengers and every motorist on the highway.  According to the news report, over the course of three months, KNBC News followed twenty-five buses from six different tour companies and found repeated acts of distracted driving and speeding.  Because of these and other factors, this year has been the very worst in terms of tour bus accidents on California highways.

Distracted Bus Drivers

Perhaps most shocking is the fact that distracted driving appears to be the number one cause of bus accidents.  In spite of Federal and State laws prohibiting hand-held cell phone use while driving, bus drivers do not refrain from such dangerous driving.  In fact, the KNBC investigative news team had no trouble finding multiple bus drivers using their hand-held phones while behind the wheel.  In one instance, the driver was so distracted by his call he actually ran a red light, something that was captured on video.

Speeding Bus Drivers

Behind distracted driving, speeding is cited in the the news story as the number two cause of bus accidents.  In the story, the news team was able to document with a laser gun one bus driver traveling at 93 miles per hour in a 65 mph zone.  In fact, of the twenty-five buses followed, the undercover investigators were able to catch twenty-four of them speeding.  According to a representative from the Advocates for Highway and Auto Safety in Washington, D.C., speed is a contributing cause in about one-third of all bus crashes.

If you have been injured or a loved one killed in a bus accident, contacting a bus accident attorney with experience at handling such claims is an important first step toward obtaining compensation for the injuries and damages sustained.

SOURCE:  Caught on Camera: Tour Bus Drivers Text, Speed and Put Lives at Risk, KNBC News, November 5, 2013, by Joel Grover and Chris Henao

Crash on Northbound 110 Leaves 2 Dead, 3 Critically Injured

A Nissan Sentra crashed along the northbound 110 Freeway early this morning, killing two occupants and injuring three others, including the driver.   According to KTLA News, the accident happened in Highland Park at about 2:00 a.m. when the Sentra crashed into a chain-link fence and a tree near Avenue 52.  The collision was so violent that the victims had to be cut from the wreckage by emergency workers.  The five occupants ranged in ages from 22 to 23 years old, and the two who died were pronounced at the scene.  The driver of the Sentra was taken to County USC Medical Center in critical condition and was subsequently arrested on suspicion while driving under the influence.  The other two survivors were also listed in critical condition at a local hospital.

Who to Talk to After an Accident

Typically, if you have been injured in motor vehicle accident and the police respond to the scene you will be asked questions about the how and why of the accident.  Additionally, if you are able to respond, you will be asked about any injuries  sustained in the collision.  It is perfectly fine to respond to an officer's questions, and in fact you have a legal duty not to interfere with a police officer in the course of his investigation.  However, shortly after the accident you may also be contacted by the insurance carrier for the driver of the vehicle causing the crash, and your cooperation with them is not legally required.  Adjusters will often inform victims, from whom they are trying to take a recorded statement, that their claim file will be closed if they do not cooperate.  This is just a trick, and the "closing" of an insurance claim file (if it were to truly happen) has no impact on your right to pursue a claim and/or a lawsuit in the future.  Cooperating with your own insurance company is generally required by your contract of insurance, but the same is not true for the insurance company of the at-fault driver.

When to Give a Recorded Statement

In general, it is not a good idea to give a recorded statement to an insurance adjuster unless and until you are sure about the circumstances surrounding the accident and what injuries you have sustained.  It is not uncommon for the victim of an auto accident to feel fine for the first day or two after an accident, only to learn later they have a serious neck or back injury.  Also, it should be kept in mind that the insurance company has an interest in minimizing your injuries and the value of your claim.  Their loyalty lies with the insurance carrier and their insured.  Consequently, it is often a good idea to retain an attorney before giving a recorded statement so they can ensure the questioning is fair.  Under circumstances, a recorded statement may not be productive when it is clear from the outset that a lawsuit will have to be filed to obtain compensation.

If you or a lover one have been seriously injures in an automobile accident, contacting a personal injury attorney before giving a recorded statement may be in your best interests, and may help to protect your right to compensation in the future.

SOURCE:  2 Killed, 3 Injured in Crash on 110 Freeway; Driver Facing DUI Charge, KTLA News, November 3, 2013, by Ann Pride

Toning Shoes and the Risk of Injury

If you are considering a purchase or have already purchased a pair of toning shoes with a rocker bottom, you may also want to consider the risks those shoes present.  By design, the shoes are unstable and can lead to falls.  The shoes are intended to "force you to balance" on them so you use extra effort.  According to some of the manufacturers' own advertising, the shoes are "awkward at first".  In spite of this, these shoes are generally sold without any warning and consumers are only told the shoes will make them "healthier" and "more attractive."

The Advertising Claims

One of the leading manufacturers of toning shoes is Skechers, and their Shape-ups shoes have proven to be immensely popular.  The Shape-ups were introduced in 2009, and their sales skyrocketed quickly.  In their advertising, Skechers claimed, among other things, that you could get a "great workout without having to go to the gym", just by wearing the shoes.  In 2012, the Federal Trade Commission took a close look at the Skechers' advertising campaign and the support the company had to make such claims.  What the FTC alleged was that the claimed health benefits were unfounded and the advertising misled consumers.  The FTC action against Skechers was ultimately resolved when the company agreed to pay a $40 million dollar fine.

What If You Have a Fall

If you have been injured in a fall caused by unstable toning shoes, you may have a valid claim against the manufacturer.  For example, in one case being handled by this office, it has been alleged that an elderly woman was caused to fall by a combination of an unsafe handicap ramp and Skechers Shape-ups, resulting in injuries to her neck, back, shoulder and arm.  If an unstable pair of shoes causes or contributes to the happening of a fall and injuries, a product liability action can be pursued to recover compensation for the injuries and other damages sustained.

if you or a loved one have been injured because of unstable toning shoes, you may want to seek a free consultation with a products liability attorney to find out whether a case against the manufacturer can be pursued.