Posts Tagged ‘wrongful death lawsuits’

Could Tragic Multiple Car Accident been Prevented?

A woman was hit by a  truck after she stepped out of a stalled car this week.  The tragedy occurred in Tustin after the driver’s car malfunctioned and she got out to check on it.  The woman was subsequently struck twice by the same truck and the  chain reaction culminated in  other vehicle collisions.

At the end of the day, one has to ask, could such an tragic accident been avoided?

The accident

Investigators on the accident  scene said the woman,  a 25-year-old Santa Ana resident named  Magdalena Wojciechowska, was traveling southbound on the 55 freeway just north of Santa Clara Avenue when her 1991  Volvo stalled out at around 9:56 p.m.  She allegedly got out of the vehicle and was standing in the far left lane of the freeway when she was approached by a pick up truck.

32-year-old Richard Viramontes from Long beach was driving a Toyota Tacoma when he saw the stopped car ahead. He tried to switch lanes to avoid the  Volvo but instead but instead ended up hitting  the pedestrian who was thrown into the air. She was struck by the truck a second time after  she came down.

47-year-old Sandra Herrera of Tustin, crashed her Ford Escort into the stopped Volvo shortly after the accident pushing  the Volvo toward the right shoulder of the freeway before it burst into flames.  A fourth car, driven by Bertha Davis, 55, then hit the back of the Escort.

Firefighters an paramedics arrived on the scene and found the other motorists largely unhurt with minor injuries.  Magdalena Wojciechowska had CPR performed on her and was later  rushed to Western Medical Center in Santa Ana where she was pronounced dead.

The other drivers  were taken to the same medical center be treated as a safety precaution.

Highway safety in and out of the car

The actual car accidents may have been unavoidable, but there is a possibility that something the young lady in the Volvo could have done to mitigate risks of injury and save her life altogether.

For instance, many people exit from the driver side door  to check their cars out when they stall.  Although it may seemed like a chore, it is best to crawl towards the passenger side and get out that way. Also, when pulling over onto an emergency road or shoulder try your best to get away from the stream of traffic…the further away you are the less likely you will be struck by an oncoming vehicle.

Still, when all is said and done,  there may have been very little the woman could have done to stave off disaster.

If  a loved one has been injured or killed…

If a similar  tragedy has touched your life, Call the law offices of Slaughter and Slaughter or a free case review.  If applicable, we will take your case on a  contingency basis, meaning if you don’t get paid, we don’t get paid.  Contact our seasoned car accident and wrongful death  lawyers today and get the financial reparations you deserve after tremendous loss or grievous personal injury.

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Speeding and Drunk Teen Driver Kills U.S Soldier

A 15-year-old whose name is not being released due to his age,  was believed to be behind the wheel of a Lexus LS400 sedan  that was speeding at 100 mph hour prior to crash that killed  the vehicle’s passenger.  The accident occurred around 1:50 a.m. and fatally wounded a 25-year-old U.S. soldier who was riding in the car.  According to witnesses, the fifteen-year-old and the soldier, both reportedly drunk, left the party to pickup more alcohol from a local store.  The 25-year-old serviceman was identified as Nicholas Clayton, an Army man who was stationed at Ft. Lewis, Washington.  Thrown from the rolled Lexus, he was pronounced dead on the scene after his body was found near the intersection of Camino del Avignon and Niguel road.  The fifteen-year-old was taken to Mission Hospital.

The sedan was registered in the boys parent’s name but authorities don’t know if they knew the teen  was driving the vehicle. The boy is  expected to be booked today on suspicion of vehicular manslaughter.

After such a mindless tragedy many people will want answers–especially the family members of the slain Soldier.  If the fifteen-year-old’s parents allowed him to drink and drive, they could be held accountable for the young military man’s death.

If you and your family have suffered a similar loss, you do have legal recourse.  Contact the law offices of Slaughter and Slaughter right away for a free legal consultation. Our experienced wrongful death attorneys can help you determine the best course of action after your grievous loss.  Hold the guilty accountable for their actions by pursuing wrongful death litigation today and get the resolution you and  your loved one deserve.

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Deadly SoCal Crash Prompts Toyota Inspections

A fiery crash that killed four family members in San Diego County prompted Toyota to look into the possibility that mismatched floor mats were the culprit.  A memorandum sent to 1400 Toyota and Lexus auto dealerships this past Tuesday, Toyota told employees to inspect their vehicles for  mats which may have snagged the gas pedal on a runaway Lexus.  They also warned concerned customers to check their floor mats to make sure they were properly secured.

Tragic Results from Unlikely Malfunction

Mark Saylor, 45,  Mark Saylor  his wife, Cleofe, 45; their daughter, Mahala, 13; and Saylor’s brother-in-law, Chris Lastrella, 38 were all killed Aug. 28 on State Route 125 in Santee, a town near San Diego. The vehicle was doing more than 120 mph when it hit a sport utility vehicle, launched off an embankment, rolled several times and burst into flames.  The SUV driver was relatively unharmed and treated for moderate injuries.

Lastrella was able to place a 911 call a minute or so before the crash to say the vehicle had no brakes and the accelerator was stuck.  The family was in a 2009 Lexus ES 350 that was loaned by a dealer, Bob Baker Lexus El Cajon, while their  auto was being serviced.

Determining Fault in a Horrific Scenario

Investigators   were able to determine that a rubber all-weather floor mat wreckage was a couple of inches longer than the mat that originally belonged in the vehicle.  They believed it snared or covered the accelerator pedal so that it was unable to function properly.

In 2007, the company did recall all-weather mats from a few of its Lexus ES 350s and Toyota Camrys after complaints that they could slip and trap the accelerator.

Product Liability Litigation and Accountability

Toyota and other automakers have to make sure that their automobiles are safe for people to drive.  This means more than checking to see if the tires are inflated or that the car does not rollover. Every element of the design has to be put into consideration.

As they have had a similar issue in the past they should be more than well aware of the hazards of mismatched floors.  Because they failed to protect the consumer they could be open for a legitimate product liability lawsuit from surviving loved ones.

Slaughter and Slaughter can help

No one should lose a loved on in such a horrific manner.  If you have lost a relative in a similar accident you have the right as well as the ability to pursue wrongful death litigation.

Contact the law office of Slaughter and Slaughter  for a free consultation and find out more about product liability  and other related legal options today.

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Apparent Hit-and-Run Victim Found in LA

A deceased individual was found in the middle of a South Los Angeles street, an apparent victim of a hit-and-run accident. Information about the body was provided to police at around 12:45 a.m. after a motorist swerved to avoid driving over the body.

The pedestrian was located on the southbound West Avenue and the intersection of 78th street. Officials were able to ascertain that the man had suffered severe head trauma and  believe he was struck by a hit and run driver.  The name  of the deceased is being withheld  pending notification of next of kin and an investigation is now underway.

One cannot imagine what it would be like to not only be told that your loved one is gone, but that someone hit them with a vehicle and left them to die.  The family in this tragedy will most assuredly want answers  and when they find them, they will be more than justified in pursuing the guilty party in civil court.  By filing a wrongful death action again the driver they can obtain reparation for their loss as well as the satisfaction of knowing that their family member’s killer did not get away with their crime.  If you have lost a family member to a motorist’s negligence, you should look into wrongful death litigation.  Call us today for a free consultation and get the info you need to begin proceedings after  a devastating loss changes you life forever.

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Sacramento Man Sues Restaurant for Fatal Crash

Roberto Vellanoweth is serving an 18-year prison sentence for the March 26, 2007 killing of four people while driving under the influence.  The Sacramento man, obviously distraught about the sentence, decided to point the finger elsewhere—at the restaurant that served him drinks.  In the lawsuit, Vellanoweth contends that he went to the Camino Real Restaurant and asked for a “kamikaze virgin” which he thought did not contain alcohol. At the scene of the accident, officials analyzed his blood alcohol level at 0.16 percent which is twice the states legal driving limit.

Vellanoweth admitted to having three martinis’ prior to the visit to the restaurant.  He was convicted of gross vehicular manslaughter while intoxicated.  The lawsuit that was filed in Yolo County Superior Court, stated that the Camino Real “had an obligation not to surreptitiously include alcohol in the punch … without his knowledge or consent.”

As sketchy as this case may be there are many tragic factors that  make it surreal in many ways.  Still, the fact remains that the man had consumed three alcoholic beverages prior to going to the restaurant and they could have hampered him in some way as well.  Whatever the case, four people died in a DUI related incident and their loved ones were left to grieve and mourn.  No matter the circumstance surrounding a DUI case, family members can bring charges against the individual, or establishment, that caused injury or death to a family member.  If a similar incident has happened to you or someone you care about, seek legal action.  Contact us today for a free consultation to learn more about wrongful death lawsuits and get financial reparation for your tragic loss.

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Driver Killed after Collison with Fleeing Suspect

An innocent motorist was killed in Anaheim Monday evening after a suspect who was fleeing police plowed through an intersection against a red-light and crashed into two cars. The chase began after police, who were responding to a domestic violence call, noticed a pick up truck parked in a nearby lot.  They approached the vehicle and the suspect took off.  The police followed in hot pursuit, pursuing the pick-up as it blazed into the intersection of Magnolia and Crescent Avenues. The suspect’s vehicle  then crashed into two cars at around 8 p.m.

One of the vehicles was propelled into a nearby apartment building; the victim was killed on impact.   The suspect’s truck was thrown 100 yards and tipped on its side.  The individual was taken to a local area hospital in critical condition.

Running from the law is never a good idea, as innocent motorists can be put in harms way. When this occurs, the negligent driver is legally liable for any ensuing injury, death or porperty damage. When you or a family member are harmed by a similar car accident, you have the ability to  seek legal remedy via litigation. Contact our law offices today to speak to a reputable personal injury or wrongful death lawyer. We can help put you case in legal perspective and provide you with the financial compensation you need after such a horrific tragedy.

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What is Wrongful Death?

Any untimely death can be heartbreaking, but when a loved ones demise occurs at the hands of someone who was being reckless or criminally negligent, it can be particularly devastating.  Justice can be obtained via the judicial system but the parameters of what constitutes a wrongful death lawsuit can vary from state to state  and in some cases, from county to county.

If you have suffered the loss of a significant other, child or parent due to the irresponsible or malicious actions of another and are considering pursuing the matter legally, there are a few basic facts you need to know about wrongful death litigation.

A Civil Matter

A wrongful death lawsuit is pursued in civil court.  This is largely due to the fact that surviving family is seeking a financial remedy to the situation as opposed to a criminal one (although both options can be pursued in some instances, depending on the circumstance surrounding the case).  While the goal of most other civil court cases is to pay restitution for loss property or provide financial compensation for medical bills and related costs after an accident related injury, a wrongful death suit provides family members with a legal way to find remedy when someone they cared about is lost due to negligence.

This can be especially advantageous in situations where the deceased was a head of household primary wage earner.  Even if the individual had life insurance, if kids are involved, the tremendous costs of raising children alone will skyrocket and savings can potentially dwindle away to nothing.

Wrongful death litigation allows people who have been traumatized both mentally and financially to hold the guilty party accountable and receive reparations for their loss.

Determining Liability

By law, a wrongful death claim has to prove a casual link between the defendants behaviors and the death of the deceased.

If for instance, a young boy is killed while skateboarding, several determining factors would have to be in place before taking the case to court.   1.  Was he or she wearing a helmet?  2.  Were they supposed to be on the property in question?  3. Was the property kept up or was it decrepit and cluttered, in other words, just ripe for just such a horrendous accident?

The answer to these questions could indicate whether you have a strong wrongful death claim or not.

Death incurred by the foolhardiness or reckless behavior of the deceased will usually not fall under this type of litigation.  On the other hand, if say, the child in the above scenario was wearing a helmet and playing in a public area designated to be safe and was killed, an investigation may find negligence on someone else’s part.

Seeking Proper Counsel

As with anything is life, quality matters when it comes to acquiring legal representation.  You don’t want to go with someone who is inexperienced in personal injury or civil tort law when pursuing a matter as serious as wrongful death.

If you have lost a loved one due to criminal negligence, contact our law offices for a free case evaluation.  You will find our attorneys are highly knowledgeable about personal injury and they are more than capable of educating you on your rights.

Call now and set up an appointment to speak with one of our counselors to obtain justice for your loved one as well as the peace of mind that comes  with making sure  the guilty party  punished for their actions.

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