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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.

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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.

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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.

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