Law Offices Of Michael Pines

High School Senior Paralyzed After Car Accident

Monday, January 5th, 2009 | Posted in Auto Accidents |

Jake Robinson, a Fallbrook High School senior, was involved in a car accident on September 23, 2008, on his way home after a long day of school and football practice.  He was speeding when he lost control of his car on a Fallbrook street and ran into a utility pole.  The senior was not wearing his car’s seatbelt.  His spinal cord was crushed as a result of the auto accident.

That same week, he underwent two, 10-hour long surgeries at Palomar Medical Center in Escondido to stabilize his spinal cord.  Now he is undergoing physical therapy sessions two times a week at San Diego’s Sharp Memorial Hospital.

Ever since the car accident, there has been an outpouring of support towards Robinson and his family.  At the remaining football home games, donation buckets were passed around the crowd to help the Robinsons with expenses.  A benefit was held at the Hukilau restaurant at the Fallbrook Golf Club, where they held a silent auction.

Robinson is an honors student at Fallbrook High School, was elected homecoming king that year (for which he was belatedly crowned after the auto accident), and had gone this previous summer to help AIDS victims in Kenya with his church youth group.

As car accident lawyers, our sympathy goes out to the Robinson family.  It is heartening to see how much emotional support the family has received.  We are also happy to see that despite not wearing his seat belt, Jake Robinson came out of the accident alive.  We encourage everybody who enters an automobile to put on his or her seatbelt.  It only takes a couple of seconds and can save you and your loved ones from death or serious injury in the event of a car accident.

Please contact us for a FREE CONSULTATION with an experienced car accident lawyer at (800) 655-6585 or click here to submit your case for a Free Review.

Murder Conviction for Causing California Train/Car Accident

Monday, December 29th, 2008 | Posted in Newsworthy Accidents | Tags: , ,

On January 26, 2005, a Metrolink Commuter Train derailed in Glendale, CA, northeast of downtown Los Angeles, killing 11 people and injuring 180.  The derailment was caused by a car that was placed on the tracks.  The automobile that the train hit was doused in gasoline.  The train caught fire and ran into another Metrolink commuter train.  On June 2008, a jury of nine women and three men convicted Juan M. Alvarez, the car’s driver, of 11 counts of first-degree murder and one count of arson.  Now Alvarez has been sentenced to life in prison.

His defense claimed that Alvarez had been suicidal and had planned to kill himself on the train tracks.  Changing his mind, he leapt from his car as the train came, unable to move the car away, causing the horrific train and car accident.  Teresa Nance, whose mother was killed in the terrible train and car accident, said of the suicide story, “If you’re trying to commit suicide, you can stand on the tracks.”  The prosecution and jury also did not believe that the auto train wreck was an elaborate suicide plan, and the jury convicted him for murder.

Glendal Car/Train Wreck Memorial

Glendal Car/Train Wreck Memorial

We are greatly saddened by the terrible losses from the result of this train and auto accident.  As car accident lawyers, we have witnessed the pain felt when a friend or a loved one is lost as a result of an auto accident.  The tearful testimonies given by 30 people during the car driver’s sentencing also shows how one person’s actions can affect more than just the dead and injured.  We encourage all automobile drivers think about how their actions while driving a car can affect other people’s lives.  Using a handheld cell phone, driving while intoxicated (DUIs), and other poor choices can result in a terrible car accident that can kill or injure other car drivers and passengers.

Image caption: Memorial for dead after the Glendale train and car accident.

Please contact us for a FREE CONSULTATION with an experienced car accident lawyer at (800) 655-6585 or click here to submit your case for a Free Review.

Prevent Teenagers’ Car Accidents #1 Killer

Monday, December 29th, 2008 | Posted in Accident Prevention | Tags:

According to the NHTSA, car accidents are the number one killer of people aged 15-20.  Teen car drivers are more likely to run red lights, speed, make illegal turns, and other risky driving activities.  It is not just the teenaged automobile drivers who are at risk; their passengers are also at risk for a terrible automobile accident.  Teens in general are 5 times more likely than an adult to become involved in a fatal auto or be in a wrongful death auto accident, and according to the IIHS, in 2002, 61% of teens who die as a passenger during a car accident, were in a car driven by another teenage automobile driver.

That is why the AdCouncil is attempting to spread the word about the direct relationship between reckless teenagers automobile drivers and the huge risk of being involved in an teenage auto accident or even a teenage wrongful death accident.  An excellent website for the teenage car accident prevention campaign, called UR the Spokesperson, calls on teenagers to speak up for themselves when they feel uncomfortable riding about someone’s driving.  Oftentimes, teenaged drivers might feel peer pressured into risky driving behavior (because it’s the cool thing to do, maybe), but if more car passengers spoke up to ask the auto drivers to STOP driving recklessly, the automobile drivers may even be relieved that they do not have to prove themselves cool in that way.  UR the Spokesperson, who as car accident attorneys we support this important automobile safety car accident prevention position, wants all teenagers, not just the one who has car driver’s licenses, to feel and act responsibly for their own and other’s safety.  In that way, they can hopefully reduce needless wrongful death automobile accidents.

We encourage all parents to talk to their teenagers, automobile driving and non-automobile driving, about the dangers of reckless behavior which can easily lead to preventable and unnecessary automobile accidents.  The UR the Spokesperson website has more information and factsheets that can help you with this talk.  However, as car accident lawyers, we also know that a simple talk is not enough.  All one has to do is examine all the car accidents that adults get into due to reckless driving which leads to many car accidents and wrongful deaths!  Why should teenagers listen to you if you are doing the things you warn them against?

As car accidents attorneys, we strongly believe that “one cannot just ‘talk the talk,’ but must ‘walk the walk.’”  Accordingly, as parents, we MUST set good examples for our children and teenagers.  That means stop car speeding, do not use your cell phone while driving your car, and do not eat or drink while driving a car, as any one of these activities can easily lead to a car accident.   Finally, this may seem obvious, but drinking and driving a car must stop, as statistics show that there are not only are there too many adult DUI car accidents but far too many teenage DUI car accidents.

With good and smart car driving behavior, you can greatly reduce the risk of an auto accident occurring, and you set a good example for your teenagers to follow.  As car accident attorneys, we know that this simple change will undoubtedly make the roadways and traffic safer for your child and others from a terrible car accident or a wrongful death automobile accident.

Finally, we are pleased to report that more and more teens are donating organs after a terrible wrongful death automobile accident.

Please contact us for a FREE CONSULTATION with an experienced car accident lawyer at (800) 655-6585 or click here to submit your case for a Free Review.

Canadian Bicyclist’s Leg Amputated after Car Accident

Monday, December 29th, 2008 | Posted in Newsworthy Accidents | Tags: , ,

A bicyclist in Toronto, Canada had his leg amputated after a taxi car driver ran over him in a suspected road rage car accident.  The bicyclist has had 3 separate surgeries, including a leg amputation.  He also has a fractured pelvis and will have to live with a prosthetic once he recovers from the car accident.

Around 2:30 on the morning of November 14th, 2008, witnesses say that they heard people arguing before they heard the sound of a loud collision like one that would occur from a car accident.  The car driver sped off, and witnesses found the 36 year old cyclist with his right leg barely attached.

Three hours after the car accident, the police received a call from the taxi car driver who claimed that the cyclist had tried to rob him.

Because the cyclist was heavily sedated ever since the car accident, it took a week for the police to really figure out the story behind the circumstances of the car accident.  Since then, the 38 year old taxi car driver, named Sultan Ahmed, has been charged for six offenses: criminal negligence causing bodily harm, dangerous operation (of an automobile) causing bodily harm, failure to stop at the scene of the car accident, obstruction of a peace officer (when he lied about the robbery), aggravated assault, and assault with a weapon, the weapon being his automobile.

According to the California Department of Motor Vehicles, a car driver who commits an assault with bodily injury because of “road rage” (intentionally causing a car accident) can have their driver’s license suspended on top of imprisonment, fines, and other penalties for being convicted of assault.  They can also be ordered by the court to take anger management and road rage courses.

As car accident lawyers, we have seen many cases where an automobile driver or passenger has been seriously injured due to a road rage car accident.  As tragic as that can be, it is even more tragic if it turns out that someone intentionally inflicted harm on those people, just because of something that may have happened while they were driving their cars.  Road rage, like other types of violence, is not acceptable, and as automobile accident attorneys, we strongly encourage all car drivers to take a deep breath and count to 10 or more if another automobile cuts them off.  Tailgating in retaliation, for example, may make you feel better for a few seconds or minutes, but that can all go downhill if that person happens to brake while you are not paying attention, and you will be at fault for the rear-end car accident.  Staying calm while driving your automobile can make the difference between keeping you and your loved ones safe or injuring them because of an unnecessary auto accident.   Finally, if necessary, pull off of the road, stop, and cool off!

Please contact us for a FREE CONSULTATION with an experienced car accident lawyer at (800) 655-6585 or click here to submit your case for a Free Review.

Prison Break Actor Not Receiving a Break for Car Accident Death

Monday, December 29th, 2008 | Posted in Celebrity Accidents & Incidents | Tags: , ,

On December 2, 2006, Prison Break television actor Lane Garrison was involved in an auto accident that killed one boy and injured two girls, one who sustained serious injuries.  The boy, Vahagn Setian, a 17 year old who attended Beverly Hills High School, was taken to Cedars-Sinai Medical Center where he was pronounced dead.  Garrison pleaded guilty in May 2007 to charges of felony DUI causing injury to multiple victims, felony vehicular manslaughter while intoxicated and without gross negligence, and misdemeanor furnishing minors with alcohol.

The three high school students had recognized Garrison at a grocery store and invited him to a party.  There, prosecutors alleged, he had drunk vodka before driving the teenagers back to the market for more alcohol.  That is when he crashed his automobile into a tree.  Blood tests taken after the car accident show that Garrison had been driving under the influence of cocaine and also had a blood alcohol content (BAC) of .16%.  That is double the legal limit of .08%!

On November 1, 2007, Garrison was sentenced to 3 years and 4 months in state prison, although he will most likely be eligible for release in 18 months.

As car accident lawyers, we do not condone drunk driving.  It is a bad decision that can affect the drunk driver’s life and the lives of others riding as passengers in his automobile, or other cars on the road.  In this instance, he killed one child that he did not even know.  It is completely out-of-line for Garrison to think that it was okay to go to a high school party, furnish alcohol to these three teenagers, and then endanger their lives even further by driving them around intoxicated.

Please contact us for a FREE CONSULTATION with an experienced car accident lawyer at (800) 655-6585 or click here to submit your case for a Free Review.

Honda Caught Cheating Unwitting Car Buyers

Saturday, December 27th, 2008 | Posted in Consumer Rights & Tips | Tags: , , ,

A recent class-action lawsuit could save you money and potentially prevent a car accident. In 2004, lawyers filed a suit against Honda, claiming that the odometers on some Honda automobiles were inaccurate and increased mileage too quickly.  A settlement was approved and finalized in December 2007.  For all 2002-2006 model Hondas and Acuras, and 2007 Honda Fits models bought between April 13, 2002 to November 7, 2006, Honda will extend their mileage warranties by 5 percent.  If the automobile originally had a 36,000-mile warranty, the new warranty would expire at 37,800 miles.  Honda also reimbursed customers who had paid for repairs just outside their warranty limits.

How will this save a Honda or Acura owner money?  With the warranty extended, car owners can take their automobiles in for repairs for a longer period of time than what they would have gotten originally.  Under the original warranty, if the car had broken down, a car owner would have had to pay for repairs, and perhaps they would not have been able to afford it.  By easing access to repairs, we can reduce the risk of an automobile breaking down or malfunctioning and then causing a car accident.

As car accident lawyers, we our concerned that if Honda would cheat people on car warranties, what other areas have they overlooked?

Next, there are plans to file a lawsuit against Nissan, whose 2004 and newer car models also tend to have fast odometers.  The spokesman for the North American division, Steve Parrett, states that this claim has no merit, and that it is “nothing more than the variation inherent with any form of measurement.”

As car accident lawyers, we are concerned about this settlement.  Since we know the importance of keeping your automobile in good repair, we believe that Honda did the right thing when they extended car owners’ warranties.  Extending the warranties will allow car owners to be able to make more repairs on their cars when they are needed.  But we also want to know, what else could be wrong with Honda automobiles, now that we know about the odometers?  We hope that this settlement will be the first step in uncovering other flaws with Honda and other car manufacturers, and that this will make car manufacturers more accountable for them.

We would also like to caution car drivers who have bought a used car recently and are not aware of the status of their car. This affects not only the Honda cars mentioned in this entry, but also any used car that someone may have bought.  Some used car sellers may not have informed the car buyer about a recall, for example.  We advise everybody to check that the automobiles they are driving are safe.

Please contact us for a FREE CONSULTATION with an experienced car accident lawyer at (800) 655-6585 or click here to submit your case for a Free Review.

Former Heavyweight Champion Mike Tyson Fights with Animal Instincts, Instincts Win

Saturday, December 27th, 2008 | Posted in Celebrity Accidents & Incidents | Tags: , , ,
Mike Tyson Rams Gate

Mike Tyson Rams Gate

Around 7:45AM on Thanksgiving morning this year, Las Vegas police were called into a private, gated community.  Former Heavyweight Boxing Champion of the World Titleholder, Mike Tyson, had been driving his black Escalade automobile to meet with a resident inside the gated community, probably for some Thanksgiving festivities.  Apparently, he was frustrated at the automobile entry gate that was opening too “slowly.”  So, what did Mr. Tyson do?  He yelled profanities at the gate attendant (but at least he did not bite his ear off!) before he decided to ram his car into the moving gate to knock it down instead of waiting for it to open for his car.  The gate was completely detached as the result of the purposeful car accident and will have to be repaired.  When the police arrived at the scene, they gave Tyson a DUI sobriety test, which he passed.  Tyson received a ticket for the destruction of the gate, and was allowed to enter the private community to continue his visit.

Fortunately, nobody was injured in what we, as car accident attorneys, view as a reckless car accident caused by an anger management issue.

Car drivers do not have to be drunk (DUI) to make stupid decisions.  Frustration and road rage can also severely impair an automobile driver’s judgment.  If you find yourself getting angry at a gate or another car driver, please remember to take a deep breath and count to 10, or if necessary, 100.   Another option is to exit the road and stop driving your car.  Is it worth it to cause a car accident just because you are angry at something or someone?  As car accident lawyers, we know that driving on the road with other automobiles can be frustrating, but we believe every car driver must remain calm.

Please contact us for a FREE CONSULTATION with an experienced car accident lawyer at (800) 655-6585 or click here to submit your case for a Free Review.

Anti-Rollover Technology Should Exist in All 2012 Cars

Friday, December 26th, 2008 | Posted in Safety Technology | Tags: , ,

In 2007, the government announced that all cars, 2012 models and beyond, are required to have anti-rollover technology installed.   According to the Department of Transportation, anti-rollover technology could save 5,300 to 9,600 lives every year as well as prevent approximately 238,000 injuries in the US alone.  As car accident lawyers, we are primarily concerned with the safety of all car drivers and passengers on the road, so we appreciate the government’s decision to make anti-rollover technology (electronic stability control) mandatory for all cars in the near future.

Being able to save so many lives, ESC (electronic stability control) makes us wonder why it was never implemented in the past.  Mary E. Peters, secretary of the Department of Transportation, said, ”Like air bags and like seat belts, 10 years down the road we’re going to look back and wonder how the ESC technology was ever lived without.”

So how does this car anti-rollover technology really work?  ESC detects when a car driver may potentially lose control over the vehicle’s navigation, and then appropriately applies brakes to the various wheels in order to prevent a rollover, and thus preventing a car accident.   Since rollovers occur mostly in taller cars in which the center of gravity is farther from the ground, about 90% of 2007 SUVs and other taller automobiles already have anti-rollover technology.  And about 40% of all cars released in 2007 already have anti-rollover technology.  There seems to be a consensus among car manufacturers and safety advocates that this ESC technology installed in cars will save thousands of lives every year.

Now that the government has regulated the installment of anti-rollover technology into all cars by the year 2012, the percentage of automobiles with this car accident prevention technology will increase every year.  It is estimated that by 2011, 95% of all cars will have anti-rollover technology, protecting all car drivers and passengers on the road.  We, as car accident lawyers, are pleased to hear that such reforms have been taken to ensure the safety of everyone on the road.

Please contact us for a FREE CONSULTATION with an experienced car accident lawyer at (800) 655-6585 or click here to submit your case for a Free Review.

Ineffectiveness of Sobriety Checkpoints in DUI Car Accident Prevention

Friday, December 26th, 2008 | Posted in Drunk Driving (DUI) | Tags: , , ,

Sobriety checkpoints are conducted nation-wide to catch automobile drivers for drunk driving (DUI).  Sobriety checkpoints involve officers who block off a public street or highway, stopping cars to check whether the car’s driver is sober.  These automobile checkpoints usually occur late at night or very early morning, when people are about to head home.  The sobriety checkpoints’ constitutionality has been contested under both State and Federal Supreme Courts because of the Fourth Amendment, which states that we have a right against unreasonable searches and seizures without a warrant or probable cause.  However, the United States Supreme Court decided that sobriety checkpoints are constitutionally legal.

After the ruling, individual states have decided that sobriety checkpoints must have heavy regulations on them to further protect the rights of car drivers, even if the driver is drunk.  As car accident attorneys, we believe this is ridiculous to place the privacy rights of drunk/DUI drivers ahead of sober car drivers.  In California, a rule was developed so that sobriety checkpoints must be announced ahead of time so that automobile drivers are made aware of the checkpoint beforehand.  For example, Huntington Beach announced a DUI checkpoint through a press release.

In 1992, the California Master Plan to Reduce Alcohol and Drug Abuse was published, which listed statistics for DUI sobriety checkpoints.  According to the Plan, in 1990, out of 84 roadblocks that the California Highway Patrol (CHP) set up as checkpoints, only 599 arrests were made for drunk driving/DUI.  If you do the math, an average of 7 arrests were made per roadblock.  The total cost of the roadblocks amounted to $250,000.  In Kansas City, Missouri, police stopped 25,510 automobiles at a roadblock throughout 2007.  Only 1.6% of those car drivers were arrested for being drunk. That amounts to 408 drivers.

Saturation patrols are when officers patrol the city streets searching for swerving automobiles that may be driven by drunk/DUI automobile drivers.  These can be even more effective than sobriety checkpoints to prevent drunk driving/DUI car accidents.  For example, in Kansas City, out of the 2,765 cars stopped during a whole year’s worth of patrols, officers were four times more likely than checkpoint officers to catch a DUI automobile driver.  Therefore, as car accident attorneys, we believe that saturation patrols are a much more effective and cost-effective way to catch DUI drivers and thereby prevent the loss of life due to a DUI car accident.   Therefore, we could catch even more drunk drivers if the money spent on sobriety checkpoints were spent on police patrols.  This could then decrease the number of alcohol-related auto accidents and reduce the number of injuries and deaths that occur because of car accidents.

Unfortunately, until something is done to change the current way of catching DUIs, we will continue to let too many drunk drivers slip by, endangering other car drivers and passengers on the road.  As car accident lawyers, we strongly urge the CHP and other law enforcement officers to find more effective ways to stop DUIs from happening so that we can prevent alcohol-related auto accidents.

Please contact us for a FREE CONSULTATION with an experienced car accident lawyer at (800) 655-6585 or click here to submit your case for a Free Review.

Speeding Trucker at Fault for Last Year’s Fiery Car Accident Involving 34 Cars

Friday, December 26th, 2008 | Posted in Newsworthy Accidents | Tags: , ,

More light has been shed on the circumstances of last year’s fiery, chain reaction car accident on Interstate 5 near Santa Clarita. On October 12, 2007, thirty-three trucks and one car were involved in a crash in a tunnel on Interstate 5. The 34-vehicle crash resulted in a nearly 2000-degree inferno in the 500-foot-long tunnel.  The car accidents killed two adults and one baby and injured ten people, and the fire more-or-less melted part of the concrete, and the rebar that supported the tunnel had separated from the walls. People escaped from the tunnel before the fire became too hot.  The injured were helped out by good Samaritans who returned to the tunnel.

In November 2008, the California Highway Patrol offered the first official report regarding the car accident and recommended that one man, Jose Reyes, be charged with vehicular/automobile manslaughter.  According to the CHP, the man was driving his commercial truck at least 65MPH in the 55MPH zone just before the auto accident.  It had also recently started to rain, which can cause the road to become even more slippery, increasing the risk of a car accident.  Reyes’ truck veered left and crashed into the concrete median wall after he had exited the tunnel.  Another driver, Hugo Raymundo Rodriguez, was also probably speeding when he crashed into Reyes’ truck, where he was instantly killed.  His son Isaiah survived the car crash but died from the resulting fire. These two car accidents started the chain reaction that ultimately ended in 34 cars involved.

Investigators also discovered that Reyes’ truck was in “out of service” condition.  Photographs of his 2004 Volvo taken after the car accident show the right wheel covered in a buildup of grease that could have prevented the right brake from performing as it should.  This buildup would have caused the truck to veer to the left if the brakes were applied. In fact, the truck had veered to the left.  The district attorney is reluctant to bring charges against Reyes because the defendant could easily claim that he was not speeding, but rather that the brake had not worked.  However, CHP officials believe that even if this was so, Reyes would have seen the problem when he did his mandatory safety check before driving, so should still be held accountable.  Prosecutors believe that the grease buildup could have not been visible until the car accident had occurred caused the engine to dislodge.

One of the injured drivers who was badly burned during the car accident has filed a lawsuit against the state and the trucking firm that hired Jose Reyes, Saia Motor Freight Line, Inc.  His attorney said that he sees “a lot of cases where there’s a failure to maintain the truck,” since trucking companies tend to sacrifice safety to cut costs as much as possible.

As car accident lawyers, we regret the loss of life that could have been prevented if the trucking company had maintained their trucks.  Whether the truck driver was speeding or not, the unrepaired condition of his right wheel and brake could have caused a serious auto accident anywhere.  The inferno that the car accident caused took away lives too early.  We strongly encourage the government to look into improving the enforcement of safety regulations on commercial trucking companies.  We also would like to see improvement in the safety of all tunnels, which are especially dangerous because they hinder rescue personnel to reach the trapped.  Fortunately, in this case, most everybody escaped the tunnel, but this does not happen in all cases. Tunnels also can have low visibility and blind turns.  More flashing light warnings or better lighting in general could make the difference between a safe trip and a serious car accident.

Please contact us for a FREE CONSULTATION with an experienced car accident lawyer at (800) 655-6585 or click here to submit your case for a Free Review.