Sacramento Car Accident Lawyer Blog

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Mr. Sunderland sued both Mr. Mazloom and his employer, Lockheed. The appellate court
held Mr. Sunderland was in the course and scope of his employment, noting the following:

1. Mr. Mazloom drove his own vehicle.
2. Lockheed did not pay Mr. Mazloom a mileage allowance while he worked in Lancaster.
3. Mr. Mazloom had already cleared out his office. Thus, his work for Lockheed was finished.
4. Mr. Mazloom made the trip to the fast food restaurant to get food. Thus, it was not a trip that had a mix of personal and business purposes.
5. The trip to In-N-Out Burger had no benefit to Lockheed.
6. Finally, the Court noted that Lockheed had “no control over Mazloom’s choice of
transportation generally, or over his movements at the time he collided with plaintiff’s
vehicle.”

The facts in the present case of Gibbs v.ABC, are critically different and thus require a different
result from the one reached in Sunderland.

1. Unlike Sunderland, Ms. Smythe’s vehicle was provided and paid for by her employer, ABC.
2. Unlike Sunderland, ABC paid for Ms. Smythe’s travel expenses.
3. Unlike Sunderland, Ms. Smythe was in the middle of a multi-day business trip for the benefit of ABC. Mr. Mazloom had already “cleared out his office,” whereas Ms. Smythe was expected by her boss to continue working for ABC in California the day following her collision with plaintiff John Gibbs.

Continue reading "Folsom Resident Paralyzed After Automobile Collision, Part 14 of 14" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Further, personal acts that are “necessary to the comfort, convenience, health, and welfare of the employee while at work” are minor deviations and do not take the employee out of the course and scope of employment. O’Connor v. McDonald’s Restaurants (1990) 220 Cal. App. 3d 25, 30.
For example, in Lazar v. Thermal Equipment (1983) 148 Cal. App. 3d 458, 466-467, the court held that an employee’s decision to stop at a grocery store on the way home from work, even though the store was in the opposite direction than his normal route home, did not remove him from the course and scope of his employment. The court further held the detour was foreseeable because the employee was using a company vehicle to complete his work.
The Lazar court went on to say:

It is the established rule in this jurisdiction that where the servant is combining his own business with that of his master, or attending to both at substantially the same time, no nice inquiry will be made as to which business the servant was actually engaged in when the third person was injured…” (Lazar, supra, at pp. 467-468.)

IV. DEFENDANT'S RELIANCE ON SUNDERLAND v. LOCKHEED IS MISPLACED

In its argument that Nancy Smythe was not in the scope of her employment with
ABC at the time of the collision, defendant relies exclusively on the decision of Sunderland v.
Lockheed (2005) 130 CA4th 1. Defendant’s reliance on Sunderland, supra, is misplaced, and
is easily distinguished from the case at bar.

Continue reading "Injured Sacramento-area Driver Files Suit Against Defendant's Employer, Part 13 of 14" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

First it should be noted that the application, evaluation and weighing of these factors cannot possibly be conducted without the court making factual determinations and weighing evidence, a process incompatible with summary adjudication.

In O’Connor v. McDonald’s Restaurant, supra, 220 Cal.App.3d 25 plaintiff was injured in a motor vehicle accident caused by a McDonald’s employee. The employee had voluntarily returned to the restaurant one evening from 8:00 p.m. until 1:00 or 2:00 a.m. in order to do extra cleaning and preparation for a “spring blitz” competition. The employee voluntarily contributed his extra time with a goal of receiving a promotion. He then traveled from McDonald’s to a co-workers house where he socialized until about 6:30 a.m. The accident occurred when he was traveling from the co-worker’s house to his own house. The trial court granted summary judgment in favor of McDonald’s, finding that he was on a special errand for McDonald’s when he voluntarily reported for cleanup duties, but that the stop at the co-worker’s house was a “complete departure” from the special errand and McDonald’s responsibility for his driving therefore terminated before the accident occurred. The court of appeal disagreed, and after applying the factors set forth in Felix v. Asai, concluded that there was a triable issue of material facts as to whether the trip to the co-worker’s house constituted a complete departure from the special errand. O’Connor v. McDonald’s Restaurants of California, Inc. Supra, 220 Cal.App.3d at 33-34.

In applying the factors set forth by the court in Felix v. Asai, the inescapable conclusion is that there is a clear nexus between Smythe’s arrival at the site of the accident and her work for ABC.

Continue reading "Bay Area Automobile Accident Catastrophically Injures Folsom Man, Part 12 of 14" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Where the employee “is combining his own business with that of his master, or attending to both at substantially the same time, no nice inquiry will be made as to which business the servant was actually engaged in when a third person was injured.” Miller v. Stouffer (1992) 9 Cal.App.4th 70, 78. “If the main purpose of his activity is still the employer’s business, it does not cease to be within the scope of the employment by reason of incidental personal acts, slight delays, or deflections from the most direct route. State Farm Mut. Auto. Ins. Co. V. Haight (1988) 205 Cal,App.3d 223, 243. Under such circumstances, the employer will face respondent superior liability “unless it clearly appears that the servant could not have been directly or indirectly serving his master.” Miller v. Stouffer, supra, 9 Cal.App.4th at 78 citing Loper v. Morrison (1944) 23 Cal.2d 600, 606.

Even if not motivated by a desire to serve the employer, conduct is nevertheless within the course and scope of employment if there is a sufficient causal nexus between the conduct at issue and the employment. Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 298. A sufficient causal nexus exists where the conduct at issue is “generated by or an outgrowth of work place responsibilities, conditions or events.” Id. at 302.

Continue reading "Folsom Driver Now Quadriplegic After Car Accident, Part 11 of 14" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

6. ABC had the Right to Terminate Smythe at Will
One of the most critical factors has been determined to be the right of the employer to end the service of the employee whenever he sees fit. Press Pub Co. supra, 190 Cal. at 120. Here, there is no doubt that Chan had the authority to terminate Smythe at will. (See Fact No. 14)
Each and every factor outlined in the Restatement 2d of Agency dictates a conclusion that the true relationship between Smythe and ABC from April 2006 through and including the date of the accident at issue here, was one of employer/employee and not one of independent contractor. Because of the financial status of the company, a unique agreement was arrived at between Smythe and Chan, and Smythe was not placed on payroll. Nonetheless, the fact that she was engaged full-time, that she was charged with a wide variety of tasks and duties for the benefit of the company rather than hired for a specific project, the fact that Chan could and did dictate what she was to do and how she was to do it, and the fact that ABC provided her with all instrumentalities necessary for doing the work and, perhaps most importantly, that ABC held her out as president and COO all constitute traits of an employer-employee relationship and not one of independent contractor.
3. SMYTHE WAS IN THE COURSE AND SCOPE OF HER EMPLOYMENT AT THE TIME OF THE ACCIDENT

An employer is vicariously liable for the tortious conduct of its employees committed while the employee is in the course and scope of his or her employment. Rodgers v. Kemper Construction Company (1975) 50 Cal.App.3d 608, 617. The policy is based on an economic rational, with the goal being to place the cost of losses caused by the torts of employees that occur within the conduct of the employer’s enterprise upon the business itself, as a required cost of doing business. Hinman v. Westinghouse Electric Co. (1970) 2 Cal.3d 956, 959-960.

Continue reading "Tragic Car Accident Leaves Sacramento-area Man Paralyzed, Part 10 of 14" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

5. The Parties were Operating as Employer/Employee
One of the factors to be evaluated is how the parties saw the nature of the relationship between them. Smythe had no doubt that she was an employee of ABC. The employment of 2006 was substantially the same as the previous employment between 2000 and 2002. (See Fact No. 5) In her opinion, Chan was her immediate superior who could dictate her activities, and if Smythe disobeyed Chan it would constitute insubordination and subject her to termination. (See Fact Nos. 6, 13, 14, 15, 16) She was working full-time (See Fact No. 25, 29) and during both periods of employment had a company credit card, company office, cell phone, laptop, email account and voicemail. (See Fact No. 27) She had transitioned into a long term, full-time position as President and COO, and she was held out as such by Chan. (See Fact No. 20, 21, 25) Certainly in Smythe’s mind she was a long term employee of ABC. (See Fact No. 24, 25)
Although Chan does not describe Smythe as an employee, she admits that Smythe was introduced as President (See Fact No. 20, 21), directed the work of others (See Fact No. 19) and had a role in hiring, firing, and expending corporate funds. (See Fact No. 31)

Continue reading "Folsom Man Sues Company For Catastrophic Auto Injuries, Part 9 of 14" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

While it certainly may be true that outside consultants are sometimes hired on a project basis to fill a particular role that the company cannot fill in-house or to provide short-term outside consulting services, such is not the case with the employment of Smythe. As discussed below, she was working full-time for ABC and had no other clients. (See Fact No. 29) She was dedicating her full time efforts to advancing the objectives of the company. She was being held out to customers, potential customers and employees as the president of the company and was filling that role. She was involved in organizational efforts, setting and directing the objectives of the company, assisting with marketing and representing the company at conferences. This is not the traditional role of a consultant, and, in fact, it would be highly unorthodox for a company president to be an outside consultant. Rather than reflecting a true intent to retain Smythe as an independent contractor, the situation she was in with Smythe at the time of the accident was arrived at solely due to economic concerns and a desire to find a structure that would be economically best for both parties. (See Fact No. 26) Where all indicia are to the contrary, the court should, and must, ignore the “Independent Contractor” label assigned by the parties. Toyota, supra, 220 Cal.App.3d at 877.
3. ABC Supplies All Instrumentalities
At the time of the accident giving rise to this action, ABC was being supplied with all instrumentalities necessary to carry on her work for the benefit of ABC, including an office, an email account, a cell phone, voicemail, a computer and a company credit card. (See Fact No. 27) In addition, when she attended the conference in northern California, her expenses were paid by ABC, which provided him with a rental car, corporate housing and a local office in which to work. (See Fact No. 28)
Again, contrary to what would be expected with an independent consultant, ABC provided Smythe everything it would provide any other traditional employee to carry on the work of the company.

Continue reading "Employee At Marin Conference Injures Sacramento-area Man, Part 8 of 14" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

2. Type of Business and SMYTHE’s Role in the Business
The Restatement (2d) sets forth several factors with overlapping analyses under the present facts, including (b) whether or not the one employed is engaged in a distinct occupation or business; (c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision; (d) the skill required in the particular occupation; (h) whether or not the work is part of the regular business of the employer; and (j) whether the principal is or is not in business. Therefore, these will be addressed together.

ABC is a business which provides manufacturing and software solutions for a variety of industries. It employs programmers to develop software. (See Fact No. 17) The organizational structure had a Board of Directors at the top, followed by Victoria Chan, the CEO, followed by Smythe, who was the “acting” president. (See Fact No. 18) Smythe and four others reported to Chan. (See Fact No. 19) Smythe also had authority over four other employees in the company. (See Fact No. 19)

Smythe was given the title of president and was authorized to introduce herself to others as president. (See Fact No.20) Victoria Chan introduced Smythe to customers, potential customers and employees as the president of the company. (See Fact No. 21) Business cards that were in the process of being ordered at the time of the accident, but were never printed, identified Smyhte as the President and Chief Operating Officer. (See Fact No. 22)

Continue reading "Employer Liable For Car Accident Injuring Folsom Man, Part 7 of 14" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

The employer’s control is the most important factor, and the others are to be considered “secondary elements.” Toyota, supra, 220 Cal.App.3d at 875; Isenberg v. California Emp. Stab. Com., (1947) 30 Cal.2d 34, 39. “Moreover, it is not the control actually exercised, but that which may be exercised which is determinative.” Toyota, supra, 220 Cal.App.3d at 875.
In applying the factors to the evidence of Ms. Smythe’s employment status, the inescapable conclusion is that she was operating as an employee rather than an independent contractor at the time of the accident that injured plaintiff John Gibbs.
1. Employer Right of Control
Smythe had worked at ABC previously as an employee between January 2000 and July 2002. (See Fact No. 1) She returned to work ABC at in April 2007, and was terminated in July 2007. (See Fact No. 2) During the initial period of employment between 2000 and 2002, she reported directly to CEO Victoria Chan until the end of that period, when David Grillo took over. (See Fact No. 3) Victoria Chan controlled and directed her work for that two-and-half-year period. (See Fact No. 4) Upon her return to the company in April 2007, her relationship was similar; Victoria Chan told her what to do, and Chan could terminate her at will. (See Fact No. 5, 14)
With regard to the conference that Smythe was attending in northern California at the time of the accident, she had been instructed by Chan to attend the ITC conference in Marin. (See Fact No. 6) It would have been an issue if Smythe had declined to attend the conference. (See Fact No. 7) She was told what her objectives were while at the conference. (See Fact No. 8) She was told to travel to the conference, stay at the company house, attend the conference, and take a team to represent ABC. (See Fact No. 9) She did what she was told. (See Fact No. 10) By her second stint with ABC, she had a lot of experience, but Chan was still in charge of her work. (See Fact No. 11)

Continue reading "Man From Folsom Now Quadriplegic After Car Accident, Part 6 of 14" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

7. President Smythe’s job was not finished on July 17. Smythe intended to do some work for ABC on the morning of July 18, including checking e-mail and voicemail, doing follow-up, and preparing for her day using an ABC-issued phone and laptop issued for these purposes. Any such work would have been billed accordingly. [Smythe deposition, at 119:7-16; 119:21-121:2.]
B. Nancy Smythe Was an Employee of ABC
The seminal and well-reasoned case of Toyota Motor Sales U.S.A., Inc. v. Superior Court (1990) 220 Cal.App.3d 864, discusses at length the factors to be evaluated in determining employment status.
The most significant factor in determining whether the status of a person performing services for another is an employee or an independent contractor is the right to control the manner and means of accomplishing the result, that is, the details of the work. ‘If the employer has the authority to exercise complete control, whether or not that right is exercised with respect to all details, an employer-employee relationship exists.’

Id. at 873-874, quoting Empire Star Mines Co. v. Cal. Emp. Com. (1946) 28 Cal.2d 33, 43.

In addition to the determination regarding the right to control the manner and means of the work, the Toyota court also recognized factors set forth in the Restatement (2nd) of Agency, section 220, as additional matters of fact that must be considered:
(a) the extent of control which, by the agreement, the master may exercise over the details of the work;

Continue reading "Sacramento-area Driver Catastrophically Injured, Part 5 of 14" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

“Q. You had the right to direct Nancy Smythe in her work at ABC. True? A. Yes.”
2. An additional criteria creating an employer-employee relationship is the right to fire at will. Smythe did what she was told by her immediate superior, Chan, because Smythe believed she could be fired otherwise. [Smythe deposition, at 28:3-29:7; 31:2-14. Chan deposition, at 46:14-47:4, set forth below.]
“Q. You had the right to fire Ms. Smythe, if you chose to?
A. Yes.
Q. If he – if you found someone else who you thought could do a better job, you could have fired her and hired another person?
A. Correct.
Q. If she didn’t meet expectations, you could fire her?
A. Correct.
Q. If you decided to take the company in a different direction, you could fire her?
A. Correct.
Q. You could fire her whenever you felt like she wasn’t helpful?
A. Correct.”

3. In keeping with her status as an employee as of July 2006, according to CEO Chan, Smythe was “Acting President” of ABC. [Chan depo, at 25:19-26:13.] Smythe had the responsibilities of the President of ABC. [Smythe depo, at 108:11-20.] Chan introduced Smythe as President and Chief Operation Officer. [Chan depo, at 100:25-101:7.]

Continue reading "Folsom Driver Injured in Automobile Crash, Part 4 of 14" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

2. Even if an agreement appears unambiguous, the Court must consider extrinsic evidence disclosing a latent ambiguity. [Wolf v. Superior Court (2004) 114 CA4th 1343, 1351]
3. No weighing of evidence. Matters going to the weight or credibility of evidence must be disregarded. One witness opposing the motion is sufficient to controvert a dozen supporting the motion. [Mann. V. Cracchiolo (1985) 38 C3d 18, 39; Binder v. Aetna (1999) 75 CA4th 832, 840]
4. Uncontroverted declarations must be accepted as true. [CCP $437c(e)]
5. The Court must consider not only plaintiff’s direct evidence but also all inferences that can be reasonably drawn from plaintiff’s evidence. A reasonable inference is sufficient to create a triable issue of fact and defeat a motion for summary judgment. [Hulett v. Farmers (1992) 10 CA4th 1051, 1059]
6. No weighing of reasonable inferences. [Aguilar v. Atlantic Richfield (2001) 25 C4th 826, 856]
7. Plaintiff’s declarations and evidence opposing the motion must be liberally construed, but defendant’s declarations and evidence are to be strictly construed. This reflects the cautious judicial attitude about granting summary judgment and depriving the plaintiff with the right of trial. [D’Amico v. Board of Medical Examiners (1974) 11 C3d 1, 21; Binder v. Aetna (1999) 75 CA4th 832, 839; Powell v. Kleinman (2007) 151 CA4th 112, 125 – 126]
Applying the above rules to the case at bar, defendant’s motion should be denied.

Continue reading "Bay Area Car Crash By Employee Results In Catastrophic Injury, Part 3 of 14" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

II. LEGAL STANDARD
A party who seeks a court’s action in its favor bears the burden of persuasion thereon. (Evid. Code § 500). Thus, “from commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that it is entitled to judgment as a matter of law. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850 (emphasis added).) Therefore, defendants moving for summary judgment bear the burden of persuasion that one or more elements of the cause of action in question “cannot be established,” or that “there is a complete defense” thereto. (Aguilar, supra, at 850.)
If there is even one triable issue of material fact the motion must fail. (Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 854-855) Additionally, the moving party’s evidence must be strictly construed “in order to avoid unjustly depriving the plaintiff of a trial.” (Brantley v. Pisaro (1996) 42 Cal.App.4th 1591, 1601.) [See The Rutter Group, Civil Procedure Before Trial, Chapt. 10-E, §§ 223 et seq.]
As the moving party, ABC has two opportunities to submit pleadings to the Court. Plaintiff John Gibbs has only one such opportunity. Why? This is because ABC has the burden of persuasion and, in addition, the following rules apply:

Continue reading "Automobile Accident Leaves Folsom Driver Paralyzed, Part 2 of 14." »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Plaintiff, JOHN GIBBS, submits this Opposition to Defendant ABC MANUFACTURING, INC’S (hereinafter, “ABC”), Motion for Summary Judgment.

I. FACTS
NANCY SMYTHE, who had previously been employed by ABC, returned to the company in April 2006. There was never any formal agreement. During the years Ms. Smythe was not working for ABC, the Chief Executive Officer (“CEO”) of ABC, Victoria Chan , had from time to time asked Ms. Smythe to return. In April of 2006, Ms. Smythe sent CEO Chan an email offering to consult for a short period.
While initially anticipating this would be a short term, part-time assignment, the job quickly morphed into full-time employment during which Ms. Smythe was an employee, engaged in all aspects of running, improving, and directing the company. CEO Chan told not only Ms. Smythe but also ABC customers, potential customers, and employees that Ms. Smythe was ABC’s President and Chief Operating Officer. Smythe was working full time, was paid hourly, and never took on any other consulting clients. As an employee and President, Ms. Smythe’s work was controlled and directed by CEO Chan. Ms. Smythe served at Chan’s pleasure. Ms. Chan had the right to fire employee Smythe without notice.
Each year in July, ABC attended a conference of international technology leaders in Marin County (“ITC Conference”) with the hopes of finding new customers and expanding its manufacturing and business base. In 2006, CEO Chan planned to attend and was a scheduled speaker at the conference. She directed ABC President Smythe to attend; she complied. CEO Chan, President Price, and a number of other lesser ABC employees made the trip from ABC’s headquarters in Austin, Texas to Marin County, California where the ITC conference was held. It was a multi-day rip to promote ABC.

Continue reading "Sacramento-area Man Paralyzed in Car Accident, Part 1 0f 14" »

On Saturday, a bus overturned on Highway 80 near Truckee killing one and injuring many. The bus was carrying employees to work at a Lake Tahoe ski resort. The deceased victim was ejected from the bus. The crash is under investigation.

Twenty-five occupants on board, including the driver, were injured and taken to area hospitals, according to California Highway Patrol Officer Steve Skeen. Four people were taken by helicopter from the scene and one person transferred between hopsitals by air.

A spokeswoman for one hospital treating accident victims said one person is in critical condition and five are serious. The Associated Press is reporting that five people were critically hurt. Skeen said the driver suffered significant injuries.

The shuttle bus is owned by the Resort at Squaw Creek and was carrying employees from their homes in the Reno area to jobs in Squaw Valley. The crash occurred in clear weather at 8:28 a.m. on westbound Interstate 80 west of Floriston and just east of the Hirschdale exit.

Investigators are looking into driver fatigue as the cuae of the crash. CHP spokesman Steve Skeen said Sunday the driver remains in the hospital with head trauma and is no condition to be questioned at length. The crash happened at about 8:30 a.m. in clear conditions, with no other vehicles near the bus, police said. Skeen said the 66-year-old driver may have been on the road since 5:30 a.m. or before.

Continue reading "Bus Accident Near Truckee Kills One, Many Injured" »

Donte' Stallworth, a star NFL receiver for the Cleveland Browns, was charged Wednesday with DUI and vehicular manslaughter for his role in the death of a pedestrian in Miami on March 14, 2009. Stallworth's automobile struck and killed a 59-year-old man who finished his construction work shift around 7:15 a.m., and was attempting to cross the street. Stallworth grew up in Sacramento and played football for Grant High School before accepting an athletic scholarship to the University of Tennessee.

The twenty-eight-year-old Stallworth was detained after the automobile-pedestrian accident and subjected to field sobriety testing. According to his blood test, Stallworth's blood-alcohol level was .126, well above the .08 level allowed under Florida (and California) law.

"I hit the man lying in the road," Stallworth told officers arriving to investigate the crash, according to the affidavit. One officer smelled alcohol on Stallworth's breath and said that his eyes appeared bloodshot and watery. Stallworth has expressed public sympathy for the family of the victim.

If convicted of the manslaughter charge, Stallworth would face up to 15 years in prison.

"Whenever a deadly accident occurs and a driver is impaired, families suffer," said Miami-Dade State Attorney Katherine Fernandez Rundle in a statement. "I can only repeat this message over and over: If you are going to drink, don't drive."

Continue reading "NFL Star From Sacramento Charged In DUI-Pedestrian Fatal Accident" »

A car chase in Sacramento's midtown area ended in a three-vehicle crash Tuesday night, with the driver of a stolen car sent to a hospital with major injuries, California Highway Patrol officials said. The chase started at 16th and X streets about 8:40 p.m. when a CHP officer in a cruiser saw a car traveling the wrong way on 16th Street, said Sgt. Dan Brito of the CHP. The officer tried to stop the gray early-'90s model Toyota Camry when it accelerated, Brito said.

During the high-speed pursuit, the driver of the Camry swerved to avoid the crash but lost control and began fish-tailing down X Street, Brito said. Near the end of the block, the Camry slammed into a parked Toyota Corolla, mangling the car and sending a Volvo station wagon parked in front of it careening down the street, where it slammed into a nearby apartment building about 100 feet away.

The Camry, which had been reported stolen, flipped onto its roof, ejecting two passengers onto the nearby freeway embankment and trapping the driver and front passenger in the car, Brito said. The driver of the car sustained major injuries in the crash, Brito said. The passengers, described as boys about 16 years old, were apparently uninjured in the crash but were taken to UC Davis Medical Center, along with the driver, as a precaution, Brito said.

Continue reading "Sacramento Midtown Car Chase Ends In Crash" »

A 70 year old man was killed while crossing the street in North Highlands, a suburb of Sacramento.

The victim was struck while crossing Elverta Road outside of a crosswalk near Walerga Road, the California Highway Patrol said.

CHP said that the motorist, who was driving westbound on Elverta Road, didn't see the pedestrian.

We here at the offices of Moseley Collins wish to express our sincerest condolence's for the victim's families in this tragic death.

If you have any questions, please contact the law offices of personal injury attorney Moseley Collins on the web or by calling 916-444-4444.

Source: http://sacbee.com/

According to an official CHP report delivered to the Colusa County district attorney, the driver involved in a fatal Colusa County bus crash was exhausted and dozing off at the wheel.

The case is in review to determine whether criminal charges will be pressed against the driver. The driver could be charged with either a felony or a misdemeanor.

The crash occured on October 5th near the town of Williams, north of Sacramento. The casino-bound charter bus veered off a narrow rural road into a ditch. The crash killed ten people and injured 33, including the driver.

The report indicates that the crash was caused by extreme driver fatigue. Eyewitness accounts say that the company's owner, who died in the crash, grabbed the wheel in a futile effort to avoid crashing.

We here at the law offices of Moseley Collins send our deepest sympathies to the families who lost loved ones in the crash.

If you have any questions, please contact the law offices of Sacramento personal injury lawyer Moseley Collins on the web or call 916-444-4444.

Source: http://sacbee.com/

A passenger vehicle and a railroad train collided early Monday morning, reports California High way Patrol online.

The collision occured around 5:15 a.m. at Florin Road, just east of 29th Street, in south Sacramento.

The driver of the passenger vehicle suffered moderate injuries and was taken to a local area hospital, says Sacramento P.D.

Police are still in the process of completing their investigation.

If you have any questions about car accidents, please contact the law offices of Sacramento personal injury lawyer Moseley Collins on the web or at 916-444-4444.

Source: http://sacbee.com/

A Sacramento woman was killed by a suspected drunk driver, California Highway Patrol officials said Tuesday.

The 38-year-old mother of 5 had just left her apartment in the 9100 block of Madison Avenue when, around 7:15 pm, she was t-boned by the suspected drunk driver.

Authorities said that a white Ford F-350 pickup was heading eastbound on Madison when it veered off the road and into the victim’s vehicle. The truck hit the victim on the driver’s side, causing the vehicle to spin and come to rest in a grassy area.

CHP officials said that the driver of the F-350 lost control of his vehicle in the rain. He was later treated at a hospital for minor cuts and scrapes. Afterward, he was booked into the Sacramento County jail on felony charges of vehicular manslaughter and driving under the influence.

The victim was pronounced dead at the scene of the incident.

The mother of five leaves behind her husband and five sons, all between the ages of 4 to 11.

We here at the Law Offices of Moseley Collins express our deepest sympathies for the victim’s family.

For more information, please contact personal injury attorney Moseley Collins on the web or at 916-444-4444.

Sitting at the light just like I did every day of the week on my ten mile commute to work, I started adjusting the radio. I was tired of the talk radio and looking for some “feel good” music when BAM! My car leaped forward like a rabbit and I automatically pressed the brake harder to stop it before I hit the cross traffic.

What a shocker! I had just been rear-ended and I had no clue. I felt like I had just dropped 10 floors in an out of control elevator and hit the bottom floor at full speed.

Now the traffic light turned green and cars on each side of me moved forward leaving me sitting there like a stranded ship. I pushed myself up from the steering wheel and looked in the rear view mirror. All I could see from my low sedan was my rear window full of an SUV grill. It looked enormous even though it was just a regular SUV.

Traffic was passing me like a rock in a stream as I checked my fingers to see if they worked. Everything seemed to be OK. I turned the rear view mirror towards me to see my face, which also looked OK. My nose was starting to throb and I could feel my heart beating.

I noticed the door made a new squeaking noise as I opened it and carefully stood up out of the car. I felt like I was getting out of bed after a bad nights sleep.

I slowly walked back to the SUV and all I could see through the windshield was air bags and a hand pressed against the driver’s window.

Continue reading "Rear Ended in Sacramento - What a Shocker!" »

Unless your name is Evil Knievel, you are probably a person who likes to avoid perilous situations while driving in your car. Here are a few pointers that might help:

1. Never drink and drive,
2. Don't speak on your cell phone,
3. Check your side-view and rear-view mirrors often, and
4. Avoid Watt Avenue.

While the first three of my pointers are well known, if not well followed, by every driver between the Pacific and Atlantic, the fourth is probably new to you.

According to a report by Caltrans, called the "5 Percent Report", Watt Avenue is among the most dangerous streets in California! The report is based upon the crash rates on half mile segments of streets between 2004 and 2006. The study included local cities Folsom, Orangevale, Rancho Cordova, CItrus Heights, Roseville, Placerville, and more. The city of Sacramento is the second most crash-prone city in California, with nearly 100 high accident "hot spots". Of those 100 hot spots, nine are strung along Watt Avenue.

According to the Sacramento Bee, Watt is so prone to car accidents because it is one of the few streets that not only crosses the American River but also connects Highway 50 and Interstate 80. The high number of streets that pour into it and the popular Arden mall that sits near it doesn't help either.

California Highway Patrol's Lizz Dutton commented to the Bee,

It's an aggressive street. It's so busy, and people are coming at you from every direction.

According to the CHP, there have been over 8,000 car accidents on the street in the last decade.

Watt is not alone among Sacramento's streets condemned by Caltrans' report: Highway 99 near 12th Avenue keeps it company as well as sections along the Northgate, Folsom, Fair Oaks, and Stockton boulevards, and several other areas in South Lake Tahoe and Downieville.

In areas such as these, as well as many others, car accidents occur every day. As a personal injury lawyer for the last 27 years, Moseley Collins has worked with many people who were wrongly injured in car accidents.
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When someone is seriously injured in a car accident, suddenly everything in their life becomes vulnerable; their job, their home, their family's welfare. When the car accident was not their fault, they are a victim.

At the Law Office of Moseley Collins, we fight for the victims of car accidents every day. We do our best to insure that our clients receive what they are owed and what they need to put their lives back together. If you or a loved one has been seriously injured in a car accident that was not your fault, call us. We are in business to help people just like you. There is never a fee until we win your case.

Call us at (916) 444-4444, or visit our website at www.moseleycollins.com.

God bless.

August 1, 2008 was a very hectic and chaotic time for early morning commuters on Interstate 5, in San Diego, California. Four people were in a car, when they suddenly lost control of the car and crashed. CHP officers found alcohol in the drivers system, and the 3 passengers in the car were immediately submitted into UCSD Medical Center with very critical injuries. this crash only involved one vehicle, but managed to shut down the transition ramp from eastbound Interstate 8 to southbound 5 for an hour and a half. No further information has been disclosed to the public.

According to www.MAAD.org:

In 2006, an estimated 15,827 people died in alcohol-related traffic crashes—an average of one every 33 minutes. These deaths constitute 37 percent of the 42,532 total traffic fatalities. Of these, 13,470 involved a driver with an illegal BAC (.08 or greater). On average someone is killed by a drunk driver every 39 minutes.

About three in every ten Americans will be involved in an alcohol-related crash at some time in their lives.
Learn More
In 2002, surveys estimates that Americans took over 159 million alcohol-impaired driving trips, compared with only 116 million in 1997.

Over 1.46 million drivers were arrested in 2006 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 139 licensed drivers in the United States.
Learn More
In 2002, 2.3% of Americans 18 and older surveyed reported alcohol-impaired driving, including 3% of 18-20 year olds and 4.1% of 21-34 year olds.

Of the over 159 million alcohol-impaired driving trips estimated that Americans took in 2002, over ten percent (18 million trips) were made by 18-20 year olds.
Learn More
Since 1980 (the year Mothers Against Drunk Driving was founded), alcohol-related traffic fatalities have decreased by about 44 percent, from over 30,000 to under 17,000 and MADD has helped save over 300,000 lives.

Alcohol-related crashes in the United States cost the public an estimated $114.3 billion in 2000, including $51.1 billion in monetary costs and an estimated $63.2 billion in quality of life losses. People other than the drinking driver paid $71.6 billion of the alcohol-related crash bill, which is 63 percent of the total cost of these crashes.

If you or a loved has been injured or killed from a car accident and it wasn't your fault, you have a claim for personal injury or wrongful death. It is very important that you find an experienced attorney to fight for your rights as a victim. So many times people incur huge bills after an accident like this.

Moseley Collins is a Sacramento personal injury attorney, specializing in major injury cases, including people injured or killed by car accidents.

A man by the name of Rick DeGeorgis, was a victim in a drunk driving accident Friday, August 1st in Sonoma California. DeGeorgis was a passenger in a car driven by Curtis Kapple, both were Sonoma Residents. Kapple was driving a Pontiac GTO, and was traveling at about 70 mph on Highway 116. when he attempted to pass another car across a double yellow line, he swerved back into his own lane to avoid on-coming traffic and hit the side of the car he was passing. Eventually Kapple's car hit the guard rail and came to a complete stop, but DeGeorgis suffered major injuries, and died immediately at the scene. Kapple suffered minor injuries and was arrested on suspicion for man slaughter and drunk driving.

It is very sad that this man, Rick DeGeorgis died, but there will always be consequences when you get in a car with a drunk driver. It's a big risk that's not worth taking. This man would still be alive today if he just chose to not get in the car and had just waited for another ride.

In 2006, an estimated 15,827 people died in alcohol-related traffic crashes—an average of one every 33 minutes. These deaths constitute 37 percent of the 42,532 total traffic fatalities. Of these, 13,470 involved a driver with an illegal BAC (.08 or greater). On average someone is killed by a drunk driver every 39 minutes.

About three in every ten Americans will be involved in an alcohol-related crash at some time in their

Over 1.46 million drivers were arrested in 2006 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 139 licensed drivers in the United States.

In 2001, more than half a million people were injured in crashes where police reported that alcohol was present — an average of one person injured almost every minute.

Since 1980 (the year Mothers Against Drunk Driving was founded), alcohol-related traffic fatalities have decreased by about 44 percent, from over 30,000 to under 17,000 and MADD has helped save over 300,000 lives.

Alcohol-related crashes in the United States cost the public an estimated $114.3 billion in 2000, including $51.1 billion in monetary costs and an estimated $63.2 billion in quality of life losses. People other than the drinking driver paid $71.6 billion of the alcohol-related crash bill, which is 63 percent of the total cost of these crashes.

In 2005, 52 percent (7,330 drivers) of the drivers with alcohol in their system who were involved fatal crashes (14,068 total) had BAC levels at or above .16 g/dl. The most frequently recorded BAC level among drinking drivers involved in fatal crashes was .17 g/dl .

Only 17 percent of impaired drivers who are injured in crashes are charged and convicted. Eleven percent are charged and not convicted and 72 percent are never charged.

Attorney Moseley Collins has helped many people injured by drunk drivers. He was the founding President of the Santa Clara County chapter of MADD.

If you or a loved has been injured or killed by a drunk driver you have a claim for personal injury or wrongful death. It is vital that you find an experienced attorney to fight for your rights as a victim. So many times people incur huge bills after an accident like this.

Moseley Collins is a Sacramento personal injury lawyer, specializing in major injury cases, including people injured or killed by drunk drivers.

Gary Parvin, a 51-year-old Sacramento resident, was making a withdrawal from an ATM at a Wells Fargo bank on March 7th, 2008, when a car jumped a curb, hitting Parvin and pinning him up against the ATM. The impact from the car severed his right leg and severly broke his left leg, permanently putting him in a wheel chair.

The elderly woman who allegedly hit Parvin, had only a 15,000 dollar liability coverage. Which leaves Parvin paying for a majority of his catastrophic injury. He is now also trying to sue Wells Fargo.

Having no insurance or having under insurance can lead to extremely unfortunate consequences. If this woman would have had a higher liability coverage Gary Parvin wouldn't have to struggle to get money for his injuries.

Uninsured facts from covertheuninsured.org:

* Recent Census Bureau data demonstrate that the problem of the uninsured continued in 2006. According to figures released in August 2007, 47 million people -- 15.8 percent of the total U.S. population -- were uninsured in 2006, up slightly from 15.3 percent in the previous year.

* The percentage of the non-elderly population that is uninsured has climbed steadily from 15.9 percent in 1994 to 17.9 percent in 2006 (with a slight dip of no more than one percentage point around the turn of the century).

If you or a loved has been injured or killed by a reckless driver you have a claim for personal injury or wrongful death. It is vital that you find an experienced attorney to fight for your rights as a victim. So many times people incur huge bills after an accident like this.

Moseley Collins is a Sacramento personal injury attorney, specializing in major injury cases.

On Tuesday June 23rd, 2008 a man was sentenced 17 years in prison after crashing his car into another car, and killing a 13 year boy. It happened last summer. The crash took place in Bakersfield, south of Sacramento, California. Gordon Tutton was intoxicated when he ran through a stop sign, and hit a car crossing the street. This resulted in the 13 year old's death and seriously injured mother. After a two week trial the jury found the defendant guilty for vehicular manslaughter.

According to MADD:

"Over 1.46 million drivers were arrested in 2006 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 139 licensed drivers in the United States."

"In 2006, an estimated 17,602 people died in alcohol-related traffic crashes—an average of one every 30 minutes. These deaths constitute 41 percent of the 42,642 total traffic fatalities. Of these, an estimated 13,470 involved a driver with an illegal BAC (.08 or greater). On average someone is killed by a drunk driver every 39 minutes."

For more statistics on Drunk driving and fatalities please visit www.madd.org

Attorney Moseley Collins has helped many people injured by drunk drivers. He was the founding President of the Santa Clara County chapter of MADD.

If you or a loved has been injured or killed by a drunk driver you have a claim for personal injury or wrongful death. It is vital that you find an experienced attorney to fight for your rights as a victim. So many times people incur huge bills after an accident like this.

Moseley Collins is a Sacramento personal injury attorney, specializing in major injury cases, including people injured or killed by drunk drivers.

You may have heard of the famous country music band “Asleep at the Wheel.” While that is a clever name for a band, actually falling asleep at the wheel is nothing to sing about. I should know. I’ve had a family member die because she fell asleep while driving. And as a paralegal for a personal injury attorney in Sacramento, I’ve seen other families devastated by this driving danger. A passenger who is injured because the driver fell asleep and crashed their car or truck has a claim for personal injury.

According to the National Sleep Foundation, at least 100,000 auto accidents each year are attributable to drivers falling asleep while on the road. This results in 1,500 fatalities annually. These statistics represent horrible tragedies that could be prevented.

A well-known travel Web site, www.gadling.com, offers some tips for staying alert behind the wheel of a vehicle. Some of the tips include.

1. If you’re driving with passengers, get them to talk to you.
2. Consuming caffeinated drinks may help you stay awake.
3. Make frequent stops to rest and stretch.
4. Use audio equipment such as the radio and ipods to help entertain you and prevent you from falling asleep. (Singing along helps, too.)
5. Munch on snacks.

All of these tips may work for you. Or you may have to develop some of your
own. One that has worked for me is driving with my window down. The air on my face helps keep me alert. Find out what works for you so you can prevent car crashes that can cause traumatic injury or even death. Staying awake can save lives.

Nineteen year old Brandi Thomas has now been arrested after hitting two bicyclists in El Dorado Hills, just north of Sacramento California. it has been reported that Brandi had been drinking all night and still had Alcohol in her system when she hit the two bicyclists.

The two bicyclists were identified as Kathi R. Sturgeon, 48, and Katherine Hurd, 43, both of El Dorado Hills. Both of these woman have been critically injured and are still in the hospital.

According to the police report:

"Thomas leaned over to pick up a water bottle and the Honda drifted into the bike lane on the right side of the road. The sport utility vehicle hit the bicyclists, then continued for 600 feet before pulling over with a flat tire."

The police also said she failed a field sobriety test.

This just shows how horrible the outcome can be after drinking and driving.

MADD statistics show:

"In 2006, an estimated 17,602 people died in alcohol-related traffic crashes—an average of one every 30 minutes. These deaths constitute 41 percent of the 42,642 total traffic fatalities. Of these, an estimated 13,470 involved a driver with an illegal BAC (.08 or greater). On average someone is killed by a drunk driver every 39 minutes."

"Of the over 159 million alcohol-impaired driving trips estimated that Americans took in 2002, over ten percent (18 million trips) were made by 18-20 year olds."

For more statistics please visit www.madd.org

Attorney Moseley Collins has helped many people injured by drunk drivers. He was the founding President of the Santa Clara County chapter of MADD.

If you or a loved has been injured or killed by a drunk driver you have a claim for personal injury or wrongful death. It is vital that you find an experiencedpersonal injury lawyer to fight for your rights as a victim. Many bills and fees are thrown at you after an accident like this. You have medical bills, vehicle repair fees, or in some cases funeral expenses.

Here at the office of Moseley Collins we take care of those concerns, so that our clients can focus on healing, grieving, and recovering.

A 24 year old student is currently facing charges for two accounts of second degree murder and vehicular manslaughter, in Encino, south of California's capital Sacramento.

The alleged drunk driver, Sean Martin Mishlof, did not stop his car at an intersection and collided into the car in front of him. Both passengers in the car that was hit were wearing seat belts, but suffered catastrophic head trauma and died immediately.

Police Sgt. Larry Jones from the Los Angeles Police Department said:

"The crash was so severe that they had to request a device called the Jaws of Life from the heavy rescue team to assist them."

According to http://media.sundial.csun.edu

"The Los Angeles Fire Department provided Mishlof, who suffered minor personal injuries, with medical assistance. 'Police later booked Mishlof, and the DA's office charged him with several felony counts including murder,' said Detective William Bustos of the Valley Traffic Division."

The families of those two people who have been killed in this crash will never get to see their loved ones again. Not only will they be traumatized by this incident but the families will also face funeral expenses. These families each will have a legal claim for wrongful death, but that cannot bring them back. It can provide a feeling that there was some justice done, however.

Here at the Law Offices of Moseley Collins, we believe that when you lose a loved one in a wrongful death case you should obtain an experienced lawyer who will fight for the rights you have as a member of the family.

May 1st was a scary day for some motorists in Antioch, California, not very far from our capital Sacramento. Twenty five year old Pittsburg residents Shawna George and Nicole Berry crashed their SUV, which contained Shawna's two young boys in the back seat. The Police believe Nicole Berry and Shawna George were under the influence of alcohol and did not secure the kids in there car seats properly, thus resulting in them being thrown out of the car. Shawna's 8 month old son only suffered minor personal injuries but her 3 year old son suffered serious personal injuries and is still in critical condition and has only slightly improved.

according to www.mercurynews.com:

Officers found a pint of Hennessy cognac inside the vehicle, CHP Officer Tom Maguire said.

This blogger is unaware if the city or family of the kids have lawyers.

This just shows how much damage alcohol can do to a family or the residence of a city. Statistics show that every year, over 17,000 people in America are killed in drunk driving accidents. In addition, roughly 500,000 people are injured each year in drunk driving accidents.

For the full story please visit www.mercurynews.com

If you have been injured in a drunk driving accident, you have a personal injury claim and you have rights. A personal injury lawyer can help you obtain those rights such as like, money you need to pay for your medical bills, reimburse you for time off work, and compensate you for all your pain and suffering.

And remember, drinking and driving in a car can be a catastrophically bad combination... Not just for you, but for your family and children also.

Last week in Los Angeles, Sacramento, California's sister to the south, a teen was killed in a car crash and three passengers were injured.

Danielle Barrett, 16 years old, left her high school at lunchtime on May 1st with three of her friends, to have a pleasant lunch not expecting it to be Barrett's last one. According to www.venturacountystar.com:

Danielle Barrett, 16, was driving north on Grand Avenue in the unincorporated area of north Fillmore at a high speed when she ran off the road onto the dirt shoulder and lost control of her car, according to the CHP. Barrett's car then veered across the road and overturned several times before it came to rest on its wheels in an orange grove.

Barrett was not wearing a seatbelt and was ejected out of her car. Upon impact with the ground she suffered major head trauma and internal injuries. She was life flighted to the Ventura County Medical Center where she later died.

As for the three passengers, they only suffered minor injuries and were released from the hospital that day. This blogger is unaware if they have obtained lawyers.

The moral of this story is clear: WEAR YOUR SEATBELT! This tragic ending could have been avoided and another child would have lived if only she had worn her seatbelt. As you can see the three passengers, who were restrained suffered only minor injuries.

For the full story Click Here

If you or a loved one have been badly injured in a car accident that wasn't your fault, you have rights. A personal injury lawyer can help you obtain those rights. I have been a practicing personal injury lawyer for over 27 years, and I can help you get the money you need to pay for your medical bills, reimburse you for time off work, and compensate you for all your pain and suffering.

Please call me and my staff at the Law Office of Moseley Collins at 1(916)-444-4444, or visit our website at www.moseleycollins.com

God Bless.

A man in Paso Robles has been rearraigned and is facing three felony charges from a car crash he caused on Highway 101 near Ventura, CA.

In the crash, the man, Jeremy White, killed one man, Andreas Parra, 20, and severely injured another, California Highway Patrolman Anthony Pedeferri, 36. Officer Pedeferri has been with the CHP for over 11 years and is an accomplished tri-athlete. He is currently in the hospital for rehabilitation

The charges the young man, only 20-years-old, face are gross vehicular manslaughter, driving under the influence, causing an injury and refusing to take a chemical test, and selling/transporting marijuana.

Also, he faces several allegations including causing great bodily injury resulting in brain injury and paralysis, and causing injury or death to more than one victim.

At the scene, White refused to take a drug test but was forced to later on. At his hearing on April 1, forensic scientists testified that the drug Ecstasy was found in White's blood, as well as marijuana.

White's bail is currently held at $250,000.

For the full story, please click here.

Here in Sacramento, CA, many victims are injured by drunk or otherwise intoxicated drivers. These injuries can be moderate to severe, and can even end in death. California law makes it illegal for anyone to drive under the influence of alcohol and/drugs. It is simply too dangerous. According to AlcoholAlert.com:

There were 16,885 alcohol-related fatalities in 2005 – 39 percent of the total traffic fatalities for the year.

If you or a loved one has been badly hurt by someone driving under the influence, my staff and I can help you. Please call us at 916.444.4444, or visit our website, www.moseleycollins.com. You have rights. We can help you get them.

God bless.

Note: This article was taken from the Charleston Gazette Law Blog page of their website. To view the article, please click here.

From the Charleston Gazette:

Girl hurt in wreck gets $1.25 million

By Andrew Clevenger
Staff writer

After a four-day trial in Kanawha Circuit Court, a jury awarded more than $1.25 million to a Scarbro girl who was injured when a truck ricocheted off another truck and pinned her leg against a power pole in 2004.

Stefanie McKinney, now 14, needed 720 square centimeters of skin grafts on her leg, said her lawyer, Chad Love.

“The scarring was just unbelievable,” he said.

The jury’s verdict included $250,000 for pain and suffering, $200,000 for mental and emotional distress and $550,000 for disfigurement. In addition, the jury awarded $257,858.52 to cover McKinney’s medical bills.

McKinney was standing on a corner in Oak Hill when a 1997 Ford Ranger truck driven by John Anderson collided with a 1994 GMC truck driven by Jimmie Souder, according to the lawsuit she filed in 2006. After the impact, Anderson’s truck pinned her leg against the pole.

The jury found that Souder was 100 percent liable for the accident, and Anderson was not negligent.

Beckley lawyer Tim Hayes, who represented Souder, could not be reached on Friday.

Charleston attorney Andy Brison, who represented Anderson, said he was glad that the jury had concluded that his client was not at fault.

“It’s a tragic case. This little girl was standing there advertising her mother’s yard sale, and she gets hit like that,” Brison said.

McKinney impressed Brison as the kind of person who refused to become a lifelong victim.

“She had a really good recovery,” he said, noting that by the spring of 2005, she was playing softball, even making the all-star team. “As her dad said, she worked her butt off to get into that shape, and I agree. She’s just not going to let this get her down. She doesn’t seem like the kind of kid who would do that.”

Judge Paul Zakaib Jr. presided over the case.

What a win! Everyday, here in Sacramento, CA, innocent people are injured by negligent drivers, just like this young girl. They need the same legal help and compensation that she received. An attorney can help you in this. If you or a loved one has been injured in a car accident, I can help you. My name is Moseley Collins and I have been helping injured victims receive the compensation they deserve for over 25 years. Please call my office at 916.444.4444, or visit my website, www.moseleycollins.com. My staff and I would love to help you.

God bless and happy Easter!

Another bizarre car accident occurred this week, this time in Burbank, CA, a city near Sacramento's strange sister to the south, Los Angeles.

On Monday, March 24, an elderly woman drove her vehicle into a post office, injuring three people, including herself. Apparently, according to the Los Angeles Times, the woman mistook her gas pedal for her brake. The Times states:

"Typically, that's what happens in these cases," Sanchez said. "It was an accident. There was no mechanical failure and no intent to cause harm."

(Sanchez is Burbank Police Sergeant Tracy Sanchez, the reporting officer at the scene).

Three people were injured; the driver, a post office employee, and a 62-year-old man. None of them were seriously hurt although the 62-year-old man was taken to a hospital for a head injury. Officer Sanchez reported that he was "alert and conscious".

It is unknown whether anyone involved has obtained an attorney.

For the full story, click here.

Although the cause of this accident was accidental, and the elderly woman who caused it was not malicious in her conduct, she is still responsible for the injuries she inflicted on others. Thank God that no one was seriously hurt, but, as you know, that is not always the case. If you or a loved one has been seriously hurt in a car accident that was not your fault, I can help you. Please call me and my staff at (916) 444-4444 or visit our website by clicking here. We are waiting to help you.

A man caused a four car collision on Highway 20 in Grass Valley, CA, a rural town north of Sacramento, on Thursday, March 13. Steve Poston, 55, of Smartville, apparently weaved and swerved through the morning traffic scattered along the highway, reaching speeds of 80 miles per hour, despite a heavy fog that blanketed the road and reduced visibility to only 200 to 300 hundred feet.

According to witnesses and California Highway Patrol Officer, Dina Hernandez, the officer who reported to the scene, Poston lost control of his silver Dodge pickup and sideswiped the white Ford 250 of James Klauer, 42. Thus began the chaos. In the words of Hernandez, interviewed by TheUnion.com:

The ensuing wreck looked like a war zone,

After being struck by Poston, Klauer lost control of his truck and it began spinning all over the highway. While spinning, Klauer's truck struck two other vehicles, a maroon Honda Accord driven by Tong Field, 39, and a maroon Chevy pickup, driven by Mitchell Hinds, 47. Again, in the words of Officer Hernandez:

They all ended up scattered in both lanes. There was debris everywhere.

In fact, Rough and Ready Highway was such a mess that traffic had to be re-routed for over an hour.

Poston suffered minor injuries and was transported by ambulance to a hospital where he made a good recovery. None of the other drivers were substantially injured.

For the full story, please visit TheUnion.com.

According to California Vehicle Code 22350:

No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

Steve Poston was in clear violation of this code Thursday morning. If you or a loved one has been injured because someone drove in violation of this code, or any other vehicle code, you have rights. The California Vehicle Code was put in place to keep people like you and the ones you love out of harm's way. If you have experienced this situation, call my law office, The Law Office of Moseley Collins, at 916.444.4444, or visit our website by clicking on the highlighted link. We would love to help you.

A 44-year-old Rio Linda, California man died this past Saturday, March 8, 2008, while trying to help a young woman involved in a car accident.

Kaili Jackson, a 20 year old woman from Sacramento, CA, was driving southbound on SR-99 when she drove her Toyota Tundra into the center median and the vehicle rolled over. News10.net reports:

Witnesses said 44-year-old Guy Pierce of Rio Linda stopped on the righthand shoulder and walked across the lanes and checked on the condition of the occupants in the Tundra.

As Pierce checked on Jackson, Christina Garner, a 31-year-old woman from Sacramento, drove southbound on SR-99 towards the scene. She saw the Tundra ahead of her in her line of traffic and attempted to change lanes but was blocked by a vehicle to her right. Garner then slammed on her brakes and veered to the right but was unable to miss hitting the Tundra. She struck the Tundra with her vehicle and then struck Pierce, killing him instantly.

Guy Pierce is remembered by his friends and family as a loving,compassionate, family man, who was devoted to his wife, Lori. His brother, Ron Johnson, told News10.net:

"My brother had a good heart on him. He loved people and he'd do what he can to help anyone,"

According to FARS, the Fatality Analysis Reporting System Encyclopedia, over 42,000 people die in car accidents every year, nation wide. Over 4,500 of those deaths are pedestrians such as Guy Pierce.

If you or a loved has been injured in a car accident and the other party is at fault, you have rights. If the actions of another cause a car accident, by California law, they are responsible for the economic and emotional damages their actions ensure; whether they are medical bills, wage loss, pain and suffering, or, as in this case, death.

If you or a loved one has been injured in a motor vehicle accident, my staff and I can help you. Please contact us at The Law Office of Moseley Collins. You can visit our website or contact us by phone at 916.444.4444.

God bless you.

Outside our Sacramento home, in Dixon, CA, a boy was hit by a car as he was crossing Highway 113. The boy, 12 years old, was crossing the highway after leaving his school, Neighborhood Christian. According to reports, the boy was unable to see oncoming traffic because of a parked big-rig truck. Venturing into the road, a car traveling southbound struck him.

The boy was taken by ambulance to U.C. Davis Medical Center in Sacramento and was treated for a broken ankle and a possible perforated bowel.

The town of Dixon is in the beginning stages of moving the highway out of downtown. Having it in the center of town poses many risks. Neighborhood Christian School is a prime example of the dangers involved in having a highway nearby, as many students have to cross it to and from school. In addition, reports state that the only way to cross the highway from the school is through a marked crosswalk with no stop sign or signal to provide more safety for the students.

If you or a loved one has been injured in a car accident, please call the Law Offices of Moseley Collins. I will be able to explain your situation and subsequent options to you in a clear and concise manner so that you can be confident in your future decisions. I look forward to hearing from you.

Web Resources:

Accident has ironic aspect, The Reporter

A horrific accident occurred last Sunday just southeast of our Sacramento home in Santa Barbara County Around 2:15 in the morning a man was driving a 2002 Chevrolet Camaro with two female passengers at high speeds. As he took a turn, he lost control of his car, sending it hurtling through a freeway overpass. The Camaro and its passengers fell 40 feet off the overpass onto another freeway, Highway 101.

The car landed on its passenger side with its roof facing oncoming traffic. Immediately, a family of five in a Honda sedan collided with the camaro. The two women passengers were then ejected from the car, dying at the scene. The driver was severely injured. Luckily, the family of five (two adults and three children) left the scene with minor injuries.

Police officers state that the driver of the Camaro's BAC was way over the legal limits. It is amazing to know that people still drink and drive even with the news stories, all the statistics, and the grave consequences that can occur as result. Studies from the NHTSA show that a driver is 11 times more likely to be involved in a fatal caar crash with a blood alcohol content between .05 and .09. You can only imagine how the stakes rise when greater amounts of alcohol are involved.

If you have been injured or know someone that has been injured because of a drunk driver, you should seek legal help and advice. Please call me at the Law Offices of Moseley Collins. I will inform you on your options and rights, explaining them in a way that make sense to you in your time of need. As for all of you on the road, do not drink and drive, and be careful out there.

Until next time…

For the full news story of this accident, please click here.

Three high school students were involved in a fatal car accident south of our Sacramento home in Rancho Mirage, California. The three students had only just begun their senior year at a private high school, Palm Valley High. The accident occurred about 10 minutes after the students finished school when the driver, 17-year old Tabitha Loftis, lost control of the car and crashed into a tree.

Tabitha, along with the two other students, both 17-year old males, were pronounced dead at the scene. One thing that touched me deeply about this article was the reaction described by the students. The article reported that the school closed for the following day after the crash, but 80% of the students went to school to either talk to grief counselors or seek each other’s comfort. These three students were dearly loved.

These types of accidents, which involve people so young, are incredibly tragic. It is such a devastation for someone to die so young. At our Personal Injury Law Office, we have seen the immense amount of sadness that follows an car accident of this kind. If a loved one has ever been in a tragic accident because of someone else’s negligence, please give me a call at the Law Offices of Moseley Collins, I am here to help.

To read the full article, please click here.

It is one of the saddest things to lose a child. I can’t imagine how difficult it would be for a parent to cope with this grief. These thoughts shadowed my mind after reading an article on News 10, a Sacramento news station. The article was about two teenagers who were killed in a drunk-driving accident.

The accident occurred when the driver of the car, a 20-year old named Michael Dimitras, lost control of his car and slammed into a utility pole. Two passengers, Kendall Lui (18-years old) and Brian Haight (19-years old), were killed, while two other passengers, Colin White and Ryan Neal, suffered from serious injuries.

Michael was charged with two counts of vehicular manslaughter and drunken driving causing great bodily injury. He was sentenced to six years and 4 months in prison.

It is amazing how a moment can change your life forever. When tested, Michael’s BAC was at a 0.09. As a 20-year old, any BAC over .01 would have been illegal, however it is interesting to note that his reading was only .01 over the legal BAC for adults 21-years and older. Even this limit can alter a driver’s ability to react in time to dangerous situations and handle a motor vehicle in a safe manner.

Don’t mess around drinking and driving. At our Personal Injury Law Office, we have seen many people lose their lives at the hand of this dangerous combination. If you or someone you love has been seriously injured because of a drunk driver’s misconduct, please call me. I am here to help.

For the full article on this accident, please click here.

A country road tends to give people the feeling of safety at high speeds... especially teenagers. A car crash near our Sacramento home in Fresno, California put 2 teenagers in critical condition and one dead.

Police reports say that five teens were driving along a country road at speeds reaching 90 mph. The car lost control and hit a tree, totaling the car. The two teens that are now in the hospital with critical conditions were not wearing their seatbelts and were ejected from the vehicle.

Accident such as this are so easily prevented by maintaining a safe speed and keeping seatbelts on. Talk to your own teens about the necessity of such measures... it could save their life.

If you or one of your family members have been injured in an accident such as this, you need advice. Please give us a call at the Law Offices of Moseley Collins, we are here to help.

Please, slow down and buckle up...

For more information, please read this article.

I was reading an article today that reminded me of the dangers of the "blind spot" while driving. Not far from our Sacramento home, a woman in San Ramon was the victim of a "blind spot" car crash.

The article tells of a 20-year old driving his Suzuki Sidekick along the freeway. He merged to get in the slow lane without seeing the San Ramon woman, Cynthia Muson-Lim, in the lane next to his car. To avoid the Sidekick, Cynthia swerved off the freeway, hitting a tree. She died at the scene.

The thing that amazed me about this story was the fact that the young man not only did not realize the woman was there initially, but even after the accident was not aware of what had happened. A witness actually followed him, lights flashing, to inform him of the crash.

Be careful when you drive. I cannot say it enough. If you or a loved one has been injured in a car accident by someone's negligence, please give us a call at the Law Offices of Moseley Collins.

Watch those blind spots...

For more information on this accident, please click here.

I read an article in the news today in which the family of a girl killed in a car accident south of Sacramento is suing the city of Simi Valley, CA. The victim of the crash, Cynthia Scott, was traveling in the passenger seat with her boyfriend in October of 2005. Driving at high speeds, Cynthia’s boyfriend eventually lost control of the car and wound up smashing into a 3,500 lb. concrete block that was placed six feet from the side of the road.

The article continues on to state that Cynthia’s family is suing the city over the close proximity of these concrete blocks to the edge of the road.

One of the most interesting points that I found in this case is the fact that California State roads require about 30 feet of clear space next to roadways. The road of Cynthia’s crash was a city street, however, and therefore governed by city rules. In my opinion, however, thirty feet to six feet is a big difference when a car veers off the road in dangerous situation.

The case was filed in April is seeking at least $5 million for Cynthia’s death.

If you or a loved one has been injured in a traumatic car crash, please call us at the Law Offices of Moseley Collins. We are here to help.

Stay safe…

Please click here to read the full article on Cynthia’s accident.

I read an article today about three siblings who were in a car crash in Sacramento, CA. It is distressing to read an article where you know that certain precautions could have possibly saved the lives of those who were killed.

The three siblings were driving in an old Mustang near Elkhorn and 28th street when their car lost control and crashed into a SUV. The crash killed two of the siblings, 18 and 15 years old, and the youngest sibling, 14 years old, is in critical condition.

The article in the paper states that the Mustang did not have airbags and the children were also not wearing seatbelts. I can’t stress enough how important these two necessities are. There are too many car accidents in Sacramento, much less the country, to be driving without protection.

If you have a loved one who has been injured in an accident, please do not hesitate to call us at the Law Offices of Moseley Collins.

Wear those seatbelts…

For full information on this accident, please read:
http://www.my58.com/news/13599248/detail.html

At the Law Offices of Moseley Collins, we know auto accidents, motorcycle and truck accidents occur every day in Sacramento and throughout California.

Severe car, motorcycle and truck accidents can leave a crash victim with a traumatic brain injury. As a Sacramento car accident law firm we regularly assist victims who are suffering from a catastrophic brain injury. If you ever find yourself in this position, as an auto accident victim with trauma to the brain, one key aliment to watch out for is vertigo. This will assist your lawyer or attorney in representing you.

According to Dr. Kuljit Singh, “Head injuries from motor vehicle accidents or any other kind of trauma would result in traumatic vertigo. Vertigo occurs when sensation from the inner ear, eyes and sensation throughout the body are mismatched.”

Continue reading "Vertigo: Common In Car Accident & Brain Injury" »

No one ever wants to be in an auto accident, much less the cause of the crash, and even more less to have the owner of the wrecked car owned by the highway patrol. This, unfortunately, is exactly what happened just west of our Sacramento home off of I-80 in Berkley, CA two nights ago.

Much known to us Sacramento locals, the I-80 can be hectic at times. But at 2:15 in the morning, this accident wasn't anything less than a negligent driver.

While evaluating a man suspected of drunk driving, two officers barely missed being hit by a 2006 Chevrolet Silverado that was driving partially on the shoulder of the interstate. Going 65 mph, the truck hit the highway patrol car, sending the officer's car propelling 35 feet. The Silverado then proceeded to hit the suspected drunk man's Toyota Tacoma, coming to a stop thereafter. Two people were injured in the accident, including the man the officers were evaluating who suffered a broken femur.

Unsuspected car accidents such as this happen all the time. If you have been injured in a car crash from a negligent driver, please do not hesitate to call us for help and advice at the Law Offices of Moseley Collins.

Have a good day and watch out for those patrol cars...

For complete article please click here.