Blog Topic

Bicycle Accidents

Santa Ana Boy Killed in Bicycle Accident Identified
July 01, 2008

A 14-year-old boy who was killed in a bicycle accident in Santa Ana, California on Monday has been identified as Esteban Nunez. The boy was a Santa Ana resident, and the bicycle accident took place at Poplar Street and Saint Andrew Place at about 7 pm on Monday. A big rig, it seems, was headed westbound on Saint Andrew Place. The driver stopped at an intersection for a stop sign, and when he started the truck again, Nunez rode into his path. The boy was killed instantly, and his parents were notified immediately.

At this point it's too early to go into the nitty gritty of the truck accident, and it may be a while before facts are clear. The truck driver has submitted blood samples, police say, although the report has not yet been confirmed. As of now, police say that he is cooperating with all investigations, which may or may not mean anything.

If anything, this truck accident brings home to us how fragile the balance between life and death is for those who chose to pedal their way on our city streets. It's no surprise that Nunez was killed instantly. With the kind of difference in size and weight between a bicycle and truck, it would have been hard for the 14-year-old to survive. According to police, at the time of the bicycle accident, the bicycle was stuck under the tire of the truck. Paramedics tried hard to save the boy's life, but were unsuccessful.

Bicycles share an uncomfortable relationship with other vehicles on the street, and that's a fact. Most drivers don't know whether to treat bicyclists just like any other drivers on the street, or as a special group of drivers who need to be treated with special concern. A recent survey of drivers reveled that most drivers had a very poor understanding of the rights of bicyclists. This is a dangerous trend, and the California Highway Patrol administration needs to be doing more to increase awareness among drivers, so more such bicycle accidents can be averted.

The fact is that bicyclists need to be respected when they are using the streets. The availability of bicycle lanes, many auto safety experts have argued, actually contributes to the growing number of bicycle accidents because then the lonely bicyclist plodding along in his lane is treated as just another diver by most of other drivers in their SUVs, passenger cars and trucks zipping past him. The consequences are often disastrous.

Considering that so many people chose to pedal along the streets of soft sunny California, there has to be more education of bicyclist's rights if we're not to see more tragic bicycle accidents like the one here.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of bicycle accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

Permalink

Bicycle Accident Kills Rialto Toddler, Seriously Injures Family
June 30, 2008

Drunk driving accidents are always so unnecessary and avoidable, but this one is particularly senseless. A 27-year-old driver from Phelan, so intoxicated he didn't even realize he'd managed to cause an accident, killed a 2-year-old girl and injured her family. The Rialto, California family was out for a bicycle ride when the drunken driving accident happened.

Unbelievably, the driver of the SUV, Jesse Rolando Astorga, had actually managed to cause another collision, and was in the act of escaping from the scene of that accident, when he caused this second more serious collision. Astorga rear-ended a Chevrolet and then fled from that scene. The driver of the Chevrolet immediately called 911, and began tailing the intoxicated Astorga. When he came onto Willow Avenue, he crashed into a concrete median and the SUV skidded around 300 feet. Right in his path was the young family on their bicycles.

According to police, the family had absolutely no time or chance to avoid the SUV. The collision, when it occurred, was severe. The mother of the girl, identified as Glenda, was left hanging onto the side of the SUV and eventually rolled off. Her one-year-old son and husband, William Dean Dinoso, have been also seriously injured. The girl, Josslyn, was taken to Arrowhead Regional Medical Center, where she was declared dead from injuries sustained in the bicycle accident. It was the driver of the Chevrolet who narrowly escaped becoming Astorga's first victim in the rear end collision who informed police that the drunk driver had hit a family.

When emergency workers arrived at the scene, they found a barely coherent Astorga. Initial reports confirm that he was so out of it when the police came, he wasn't aware that he'd managed to kill a child and destroy a family. He wasn't injured in the drunk driving accident, and has been booked for vehicular manslaughter and charges of driving while intoxicated.

Meanwhile, the scene of the accident was a terrible sight. The bicycles had been ripped apart, with tires and seats torn off the bicycle. Footwear was strewn about, and even pieces of the SUV, which had suffered a little damage on impact, were scattered about the scene. For a bicycle accident to rip pieces off a SUV, the force of impact must have been tremendous. There has been no confirmation about Astorga's speed at the time of the drunk driving accident, but police confirm that it was higher than the stipulated 35 mph.

We wonder what sort of justice would be fitting to Astorga. People like him cause such needless havoc on the streets, and often manage to get away with just a light slap on the wrist, if that. Fortunately, when the criminal courts take a not-too-serious view of such acts of violence, there are civil courts to step in. Astroga probably has more than just DUI charges coming at him.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of bicycle accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

Permalink

Lawsuit Filed in Redwood City, California Bicycle Accident Case
June 24, 2008

The family of a three-year-old child injured in a bicycle accident - caused after she collided with a broken fence - has field a lawsuit against Redwood City, San Mateo County and the state of California.

The child, Michelle Vega Flores, suffered severe injuries, including severe head injuries, in the bicycle accident, which occurred in Redwood City in August last year. On the day of the accident, Michelle was on her bicycle with her mother walking beside her. The toddler failed to make a turn at a downward ramp, with the result that she collided against a fence on a bridge. That in itself would not have been so severely injurious. What happened next, however, was shocking. The fence immediately gave way under the weight of the 3-year-old and Michele dropped 18 feet below. She suffered serious head injuries, a collapsed lung, fractured ribs and severe gashes on her face. Her mother filed a claim with Redwood City, San Mateo County and the state, but all three denied liability. Now a lawsuit has been filed.

Although Michele is recovering, there is no way to know how far the injuries have affected her, especially in the case of the head injuries she has suffered in the bicycle accident. Because she is still so young, there is every possibility that there will be long-term effects that will only manifest themselves when she's older. Her family has already had to bear the expenses of her medical treatment. If there are serious long-term effects that interfere with her faculties, she may even lose her earning potential. The lawsuit names loss of future earnings as a claim, besides medical expenses compensation, as well as for the pain and suffering she went through because city or state officials, who were responsible for maintaining a fence, failed in their duty.

After the bicycle accident, it was found that a lateral pole that was used to hold the bottom of the fence to the bridge was missing. There has been no explanation for this defective bridge. Further more, pinpointing responsibility has been very hard for the attorneys in the case because it is not clear on who is responsible for maintaining the bridge- the city, county or state. For now, lawyers for Redwood City claim that the state was responsible for maintaining the bridge.

We hope this ambiguity of responsibility for maintenance of the bridge is not clutched at as a means to avoid paying compensation to the family of this young girl. Kids shouldn't have to worry about life threatening injuries when they are playing.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of bicycle accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

Permalink

Young Girl Killed in San Jose Bicycle Accident
June 13, 2008

It will be an unbearable summer in the home of Breanna Slaughter-Eck. The 12-year-old girl was killed in a bicycle accident on her way home from school.

It was the last day of school, and Breanna was returning home on her gray and black bicycle. As she crossed Selborn Place at Park Avenue, a 1987 Ford Bronco, driven by Adriana Fierro De Marin, came down the road and slammed into the bicycle. The bicycle, with Breanna on it, was dragged a distance away with the car. When the car finally came to a stop, Breanna's cycle was mangled and flattened. The girl died later at Valley Medical Center.

De Marin was on her way to her daughter's school to pick her up. A number of witnesses saw the accident, including De Marin's daughter and a number of Breanna's classmates. Class had just ended for the summer, and it's going to be a long vacation for many children at Hoover Middle School, Breanna's school.

Police say that they have no indication that drugs or alcohol played a part in the bicycle accident. They have not yet decided if they are going to charge De Marin. All investigation reports will be turned over to the Santa Clara County District Attorney's Office to determine whether charges or citations will be filed.

Even with all the awareness that is created about the rights of bicyclists on the street, we don't really see any marked decrease in the number of bicycle accidents that take place on our roads. Reports have shown that one of the most common types of bicycle accidents occurs when a bicyclist drives straight ahead and encounters a car turning at the intersection. With green consciousness gaining momentum, more people chose to leave a lighter carbon footprint by biking to homes, offices and schools, and this creates a potentially dangerous situation on our roads where SUV and other vehicles are dominant.

Studies have shown that motorists on the road tend to view bicyclists as outsiders, thereby leading to a lack of respect for bicyclist rights. The establishment of bike lanes for cyclists also hasn't been all that effective in limiting the number of accidents, because it creates a false sense of security in a bicyclist about the dangers on the road. Motorists too are likely to ignore the cyclists' safety because they are "safely" riding in a bicycle zone.

The results of a bicycle-car accident are rarely good. Injuries are almost always severe and fatalities are common. The bicyclist is the one who bears the brunt of the force of the accident.

When it comes to children, safety is especially paramount. Breanna's death should bring into focus greater attention on bicycle safety issues in the city.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of bicycle accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

Permalink

Cyclist Sues King County for $20 Million in Bicycle Accident Case
April 21, 2008

Give him a choice, and Jeffrey Totten would prefer to have his physical and mental faculties just as they were before his bicycling accident, instead of the $20 million claimed in the lawsuit. All the money in the world couldn't compensate for paralysis in your left side, memory loss and the bleak possibility of being confined to a nursing home facility for the rest of his life.

September 4, 2006 started out as a day full of hope for Jeffrey. The Seattle resident was a project manager at an energy consulting firm, and had just received news that he had been accepted at Bainbridge Graduate Institute, where he planned to pursue an MBA in Sustainable Business.Things couldn't look better for the young engineer, and he had planned to spend the day cycling with his friends. He has been a lifelong outdoors enthusiast, and that morning set off with his friends to one of Seattle's bike parks. A few miles into the bike path, Jeffrey found a downhill stretch in the path, and began cycling downhill. There was no reason to suspect anything, or fear any eventuality. After all, it was the bicycle path, which as everyone knows are safe for bicyclists, right?

Wrong. There was a utility hole in the pavement, and before Jeffrey could know what had hit him, he had been thrown off the bike and smashed to the ground.

In the days following his hospitalization, it was clear that Jeffrey had suffered severe brain injuries. He was paralyzed on his left side, and couldn't even begin to sit up, walk, eat or talk on his own. After months of rigorous treatment and the devotion of his wife Danielle, Jeffrey is only now beginning to gain some of his faculties back, but to expect a complete recovery would be overly optimistic.

His wife has now sued King County for a sum of $20 million for failing to maintain the metal plate that Jeffrey's cycle struck before he was thrown off. Although Jeffrey has made some progress in the months since the accident, she says he still needs very expensive medical care. Jeffrey is at present in a California-based nursing home facility, where bills for his treatment are $1000 per day. It's a lot of money to expect his family to come up with, and they have set up an auction site where they plan to raise money for his care.

With healthcare costs rising the way they have, and when you factor in inflation, the $1000 a day tab will increase as the months go by. The $20 million settlement will only help Jeffrey cope with his medical bills, but it doesn't give him back the promising future that he had before the accident, and it doesn't give him his life back.

There's no reason why pavement on a downhill bicycle trail should not have been well maintained. Speed accelerates while going downhill, and had the County had even a semblance of a maintenance plan in place, it's safe to assume that his accident could have been avoided.

Mr. Totten is represented by the Washington law firms of Messina Bulzomi Christensen and Adler Giersch.

If you have been injured in a bicycle accident, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.

Permalink

Patrolman Under Scanner in Cyclist Accident
March 13, 2008

Tragedy struck a group of cyclists, one of them an Olympic hopeful on Sunday when they were struck by a patrol car driven by a member of Santa Clara County Sheriff's department. The cyclists who were killed were Matt Peterson and Kristy Gough. The third cyclist, Christopher Knapp was injured. A fourth cyclist Daniel Brasse was cycling on ahead and therefore didn't meet the same fate as his friends. According to witnesses, there was nothing in the weather or the road conditions that pointed to the possibility of an accident. It was daytime, and it was a sunny morning with clear visibility, when Deputy James Council, who was driving his patrol car, came at them, and knocked the three off their cycles.

Petersen died at the scene while, Gough died at hospital a few hours later. According to eyewitnesses, who included a doctor who was at the scene and rushed to give emergency aid to the victims, the deputy was walking around in a daze after the accident murmuring that he had fallen asleep at the wheel. He seemed very disoriented, witnesses said.

What happened next seems even more surprising. Another deputy at the scene escorted Council back to his squad car and prevented him from speaking to anybody. He was reportedly taken to a crisis center to recover from the trauma. There was no instant alcohol test to check for drunken driving, as is the norm in such cases. It is this seeming partial treatment of their own that has placed Santa Clara County under a microscope.

Santa Clara County Sheriff Laurie Smith was adamant that the department showed no special concern for Council and treated him the way ordinary citizens would be treated if they had caused a fatal accident. That seems a little hard to believe. If you or I were in an accident that caused hardly any injuries, and the cops had even the slightest inkling that we had had too much to drink, you can be sure they would whip out a chalk and draw a line on the street in a jiffy. That doesn't seem to have happened in James Council's case at all. The man had just managed to cause the death of two persons and had gotten away with nothing more than a comforting arm around the shoulder from his fellow deputies.

Even more strange is the circumstances of the accident. How did a deputy driving his patrol car manage to veer off across a double yellow line and into a group of cyclists? Was there alcohol or drugs involved? For now, there has been no information on whether any blood sample has been taken to check for alcohol, so we have no way of knowing yet. Furthermore, Council's father has been a deputy for over 23 years. Have all these factors colored the County's judgment and caused it to become a little more partial towards the patrolman? We can expect the answer in coming days.

Also disturbing is Council's previous brush with the law. Prior to being hired by the sheriff's department, he had been convicted of street racing. Back in 2001, Council was also charged with 2 drunken driving counts. These might or might not have a bearing on the case, but the fact is that this is a man who on at least two occasions in his life had thought nothing of getting behind a wheel too inebriated to drive. These incidents taken separately might not seem like more than youthful folly, but taken together in the context of Sunday's horrible tragedy, they do seem to suggest that Council should probably not have been behind the wheel of his squad car that day.

Riding a bicycle can be treacherous, especially with the number of careless car drivers with which bikers are forced to share the road. If you have lost a loved-one in a bike accident, you need the help of an experienced California personal injury lawyer. Contact an attorney at The Reeves Law Group for a free consultation.

Permalink

Driver in Huntington Beach Accident Might Have Been DUI
February 21, 2008

In August, we ran the story of Danny Oates, a 14-year-old Huntington Beach, California boy who was hit by a truck while riding his bike to school. It was the first day after summer vacation, but Danny never made it to school. The impact of the crash threw the teenager between 50 and 100 feet. He was killed instantly.

The driver of the truck, Jeffrey Woods, drove his truck onwards before hitting a tree and ended up in the backyard of a home. At the time, the incident seemed like an accident, and many were wiling to give Woods the benefit of the doubt. The media reported that he was devastated over the death of the young boy and racked by guilt.

The media got it all wrong, apparently. The Orange County Register reports that Huntington Beach police detectives filed an affidavit on February 13 requesting the cellular phone records of Jeffrey Woods at the time of the crash. They have reason to believe that Woods was involved in a drug deal at the time he crashed his truck into Danny, and that he might have also been under the influence of an opiate at the time of the crash.

Detectives seem to have sufficient reason to believe that the crash was not simply a matter of failing to see the young boy on his bicycle - it could possibly have been more criminal than that. Examination of Woods' cell phone after the crash revealed potentially incriminating text messages that were sent out at the time of the crash, or just before the crash occurred. In one message, Woods seems to have texted the message "Need bars? "Bars" is the slang name for Xanax, the prescription drug that contains the anti-anxiety drug Alprazolam. This drug is often prescribed to treat bipolar disorders and to relieve severe anxiety.

Slang names for other drugs like OxyContin and Vicodin were found in text messages on Woods' phone. The timing of the messages was too close to the time of the crash to discount the possibility that Woods might have been actually engaging in a drug deal at the time of the crash.

The police are looking to interview the persons who are mentioned in the text messages, hoping for clues as to whether Woods was in the process of acquiring or selling drugs at the time of the crash.

A further investigation of Wood's messages has revealed that he was trying for three days prior to the crash to obtain Xanax, but had to finally settle for Vicodin instead.

If the detectives manage to get access to the cell phone records and can prove that Woods was actually texting and was under the influence, it will add a whole new light on the Oates case. Texting while driving is reprehensible enough. Combine that with being under the influence of drugs, and you have a potent mix of DUI and cell phone misuse.

A young boy is dead because an alleged drug dealer was too busy trying to score his next fix to concentrate on the road. If the detectives are successful in proving Woods' actions at the time of the crash, we hope the Oates family will pursue legal action against Woods.

If you or a loved-one have been injured or killed in a bicycle accident, you need the help of a top California personal injury law firm. Contact a lawyer at The Reeves Law Group for a free consultation.

Permalink

Bicyclist's Family Seeks More Compensation in Thousand Oaks Wrongful Death Case
October 30, 2007

Glenn B. Garvin was not just a successful endodontist, but an avid bicyclist and a respected member of the Thousand Oaks community. He served as a member of the city's traffic advisory board, had been happily married for the past twenty five years, and had two teenage sons.

On September 16, 2006 Garvin was riding his cycle along Westlake Boulevard. 82-year-old Norma Siegel was driving her vehicle northbound when she suddenly veered into the bicycle lane and collided with the cyclist. Garvin suffered massive head injuries and died. His family now wants to seek extra monetary compensation in the wrongful death case that just got underway in Ventura County Superior Court. According to the suit, Siegel had been informed by her ophthalmologist barely 10 days before the accident that she had cataracts in both eyes. In fact, just the day before the accident, the suit claims she received another warning from her ophthalmologist.

Compensation was fixed at $39,878 to cover medical expenses and funeral costs. The family now says Garvin's past and future earnings need to be compensated too.

According to the Ventura County Star, the lawsuit calculates Garvin's earnings in 2006 to be $746,333. Garvin family attorneys say the family lost its main breadwinner and the community lost a respected leader who was committed to bicycle safety. They haven't yet specified the amount of additional damages the family will be claiming, but based on figures of Garvin's earning that year, his young age at the time of the accident and his standing in the community one expects it will be sizable.

A person with a known medical condition who's responsible for causing an accident that results in the wrongful death or injury to another may be liable for compensation for damages. If you need advice regarding an accident you've been involved in, contact the California bicycle accident attorneys at The Reeves Law Group.

Permalink

Bicyclist Injured in Orange County Accident
October 04, 2007

A 58-year-old cyclist was injured Monday evening when a truck collided with her bicycle on Laguna Canyon Road before crashing down an embankment.

According to police, the bicyclist Sandra Grim was riding in the bike lane, when suddenly a black F-150 truck driven by 32-year-old Winston Elbert, of Santa Ana, California veered into the bike lane and struck her from behind. In the impact, Grim was thrown about 140 feet away and landed in the number two lane of the road. After hitting her, the truckcontinued to veer on the right side before finally going over and sliding down an embankment.

Elbert was able to get out of the truck on his own. But the other passenger, 30 year old Shasta Wolfe, also a Santa Ana resident, had to be extracted from the wreck of the damaged truck.

Sandra Grim suffered major head injuries including head trauma and lacerations to the face. Elbert too sustained head injuries while the extent of Wolfe's injuries was not known. All three were admitted to the Mission Hospital.

The police haven't been able to come with an explanation of why the truck veered to the left, although they have ruled out the possibility of alcohol being a factor.

Sunny California has always been the home of bicyclists who frequently take advantage of the warm weather to hit the streets on their bikes. Unfortunately, they are often vulnerable to the negligence or aggressive driving of others they share the road with. When a bicyclist is involved in an accident, the bicyclist almost always suffers the brunt of injuries, like in Sandra's case. Sandra however was lucky to escape with injuries. In recent days, there have been a spate of bicycle accidents that have resulted in the deaths of the cyclists.

If a bicyclist is injured in an accident caused by the reckless driving or negligence of others, the victim may be entitled to financial compensation. The California bicycle accident lawyers at The Reeves Law Group can help you with your bicycle accident case.

Permalink

California Bicyclist Killed in Accident Identified
September 21, 2007

The San Diego Medical Examiner's Office has identified the man who was killed in a bicycle accident earlier this week. He has been identified as Manuel Hernandez, a 30-year-old migrant worker from Guatemala.

Last Wednesday, SignOn San Diego reported the crash that occurred at the intersection of Black Mountain and Kearny Villa Roads. Hernandez was riding his bicycle at about 10:15 pm when a 1991 Mercedes crashed into him. Paramedics performed CPR on Hernandez, but he succumbed to his injuries a few hours later at a hospital. The driver of the Mercedes, a 52-year-old man insisted he didn't see Hernandez. It's believed that Hernandez was living with a few roommates in Mira Mesa, California.

Close to 800 bicyclists die in bicycle related accidents in the US every year. Of these over 100 deaths occur in California alone. Besides these, there are thousands of injuries that are caused as a result of bicycle accidents. The problem is even more acute in California because of the numbers of people who take advantage of the sunny weather to hit the streets on their cycles. In campus cities like Berkeley where cycling is a routine form of transportation, the number of bicycle accidents is inversely proportional to the local populations. For obvious reasons, bicyclists bear the brunt of any injuries that are sustained after an accident. Just a few weeks back, a young boy from Huntington Beach, California was killed when his bicycle was crashed into by a car.

If you've been injured in a bicycle accident, you might be entitled to compensation for your medical expenses and loss of wages. The experienced bicycle accident lawyers at The Reeves Law Group bring substantial expertise in handling cases relating to injuries caused by bicycle related accidents. Initial consultation is free and you don't pay until we have negotiated a settlement for you.

Permalink

Bicycle Accident Kills California Teenager
August 30, 2007

It was a back to school story that started off like millions of others around the country. 14-year-old Danny Oates of Huntington Beach, California was looking forward to getting back with his classmates after three months apart. Like all California kids, he'd spent the summer at the beach under the warm summer sun. He'd recently trimmed off his mullet to the amusement of his family and friends, and was even looking to recover from a lost summer love.

On Wednesday afternoon, Danny jumped on his bike and began riding towards Sowers Middle School, barely half a mile from his Huntington Beach, California home. He never made it. A Ford F-150 coming from the opposite direction crashed into the teenager throwing him 50 to 100 feet. Danny died soon after impact.

The driver of the Ford F-150, a 20-year-old Huntington Beach, California resident has not been taken into custody, but toxicology reports are pending to ascertain whether there were alcohol or drugs involved. After the tragic bicycle accident, he was taken to the Western Medical Center in Santa Ana, California to be evaluated for internal injuries.

According to Huntington Beach police, the Ford F-150 swerved across traffic lanes and veered into oncoming traffic before striking Danny. The cause of this erratic driving is not known at this point. The truck reportedly traveled at least 25 feet after hitting Danny, knocked against a palm tree before crashing into the yard of a home nearby. Investigations into the bicycle accident are expected to begin, and a review will be submitted to the Orange County District Attorney's Office.

In the days after your loved ones dies a wrongful death due to negligence, it's natural to feel confused and traumatized. While nothing can ever reverse personal tragedy, a wrongful death claim can help prevent future tragedies and help the victim's family recover financially. If you've lost a loved one in an accident, call the experienced auto accident lawyers at The Reeves Law Group for a free consultation.

Permalink


The California personal injury attorneys at The Reeves Law Group represent victims of accidents, injuries and wrongful death throughout California from our offices in Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, Ventura County, Fresno County, Kern County, Sacramento County, San Fernando Valley, Long Beach, Antelope Valley, Torrance, Glendale, Bakersfield, Santa Ana, San Jose, San Francisco, Oakland, Ontario, and Victorville.