Archive for the ‘Wrongful Death’ Category

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Wrongful Death

Monday, April 18th, 2011

Today a 42-year-old man was killed while simply walking on the sidewalk in Walnut Park.   A 23-year-old man was arrested on suspicion of driving under the influence near the scene.  The 23-year-old failed to yield at a stop sign and he lost control of his vehicle and ran into the victim on the sidewalk.  He then continued driving down the street and collided with a brick wall and overturned.  He was arrested for DUI and manslaughter.

Such stories unfortunately happen far too often and have deep impacts for the victim’s family members.   In 2001, unintentional accidents killed almost 86,000 people in the United States.   Accidents rank as the number 5 cause of death and almost 1 in 20 deaths in the United States is caused by an accident.  These unintentional accidents can lead to wrongful death claims, which can be complicated.

If you legally qualify as a survivor, you can file a wrongful death lawsuit for the recovery of the following damages:

 • The loss of the love, companionship, comfort, affection, society, solace, moral support, and consortium of the decedent;

• The value of the household services the decedent would have provided in the future; and

 • The value of the financial support which the claimant would have received from the decedent but for the loss.

There are only certain people who may qualify as a survivor able to bring a wrongful death claim and such claims can become quite complicated.  If you have lost a loved one due to the wrongful conduct of another, feel free to contact us to discuss your potential ability to bring a wrongful death claim.  You can also check out our website under wrongful death and learn more about such claims.    

You can reach us at 310-348-8106

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Safety warning regarding Lexus & Toyota sudden acceleration recalls

Monday, February 28th, 2011
Toyota will conduct a voluntary safety recall of approximately 20,000 2006 and early 2007 Model Year GS 300 and GS 350 vehicles to modify the shape of the plastic pad embedded in the driver’s side floor carpet due to the potential for interference with the accelerator pedal.   Warning:  The accelerator pedal may become temporarily stuck in a partially depressed position rather than returning to the idle position.
 
Owners of the involved GS 300 and GS 350 will receive a notification by mail beginning in early March 2011.
 
Toyota will also recall approximately 372,000 2004 through 2006 and early 2007 RX 330, RX 350, and RX 400h vehicles, and approximately 397,000 2004 through 2006 Highlander and Highlander HV vehicles to replace the driver’s side floor carpet cover and its two retention clips. 
If the forward retention clip used to secure the floor carpet cover, which is located in front of the center console, is not installed properly, the cover may lean toward the accelerator pedal and interfere with the accelerator pedal arm.  If this occurs, the accelerator pedal may become temporarily stuck in a partially depressed position rather than returning to the idle position.
 
Separately, Toyota has amended its recall from November 2009, adding three models to address the potential for unsecured or incompatible floor mat entrapment of the accelerator pedal.  The models added include:
 
• Approximately 603,000 2003 through 2009 4Runner
• Approximately 17,000 2008 through 2011 Lexus LX 570; and
• Approximately 761,000 2006 through 2010 RAV4
 
 If you own one of these vehicles you likely want to remove the floor mats until you have a fix from Toyota. 
Be careful out there, but if you or a loved on is injured due to an unfortunate defect in your vehicle or that of another person, please contact us to see how we can help.  We can be reached at 310-348-8106 or Click Here.
 
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Distracted Driving Kills or Injures Thousands Each Year!

Friday, February 11th, 2011

The Hundley Law Firm is here to help if you or a loved one has injured in an auto accident caused by another’s negligence.   Unfortunately distracted driving is leading to more and more accidents, injuries, and deaths each year.  We all need to be aware of the risks and do what we can to avoid driving while distracted.  If you or a loved one have been injured because of distracted driver, we are here to help!    Call today — 310-348-8106

There are three main types of distraction:

  • Visual — taking your eyes off the road
  • Manual — taking your hands off the wheel
  • Cognitive — taking your mind off what you’re doing

Distracted driving is any non-driving activity a person engages in that has the potential to distract him or her from the primary task of driving and increase the risk of crashing.

While all distractions can endanger drivers’ safety, texting is the most alarming because it involves all three types of distraction.

Other distracting activities include:

  • Using a cell phone
  • Eating and drinking
  • Talking to passengers
  • Grooming
  • Reading, including maps
  • Using a PDA or navigation system
  • Watching a video
  • Changing the radio station, CD, or Mp3 player.

Distracted driving  — surprising facts:

  • 20 percent of injury crashes in 2009 involved reports of distracted driving.
  • Of those killed in distracted-driving-related crashed, 995 involved reports of a cell phone as a distraction (18% of fatalities in distraction-related crashes).
  • In 2009, 5,474 people were killed in U.S. roadways and an estimated additional 448,000 were injured in motor vehicle crashes that were reported to have involved distracted driving.
  • The age group with the greatest proportion of distracted drivers was the under-20 age group – 16 percent of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving.
  • Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves. 
  • Using a cell phone use while driving, whether it’s hand-held or hands-free, delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.

The message is clear, distracted driving injures and kills, so we all need to do our part to minimize it.  Again, call or email us if you have been injured by a distracted driver.  We are here to help.

 

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Warning! It can be dangerous to change a tire.

Monday, November 29th, 2010

On November 27, 2010 two men were killed while they were attempting to change a tire on the side of the 605 freeway.  Pedro Pedrosa, 43, of Azusa, and Ricardo Beltran, 49, of West Covina, were killed in an auto accident that happened at approximately 10 a.m. southbound on the 605 freeway, just south of the Arrow Highway.  The two coworkers were trying to change a flat tire at the side of the freeway when the driver of a Ford Taurus lost control of his vehicle slammed into them.  The driver of the Taurus was exceeding the speed limit and claimed he lost control when another vehicle suddenly changed lanes. 

This appears to have been an avoidable accident that has unfortunately claimed the lives of two people.  The accident shows that changing a tire on the side of the freeway is often a dangerous and sometimes a deadly proposition.  At The Hundley Law Firm we want you to do everything to keep you and your family safe and we are therefore providing you with 15 steps to change a tire safely. 

  1. The things you need to change a tire include: a jack, a lug wrench, and a spare tire.
  2. You should know where these items are located in look it surer vehicles instruction booklet to locate them.
  3. If you’ve got a flat tire you should drive the shortest distance you can to avoid damage to your wheel and your tire, but you must stop in a safe location.  If you need to change the tire on the freeway/highway, you should pull aside only in a flat area. You never want to have to change a tire on gravel, or on an up or down hill.  You also want to avoid changing tires closed curves whenever possible.
  4. After you come to a safe area and stop your vehicle on a flat solid surface, you should put on your emergency brake and emergency flashers.  You should also put out road flares approximately 75 feet behind your car so the people behind you can slow down as they approach.  If you’re changing a tire near a curve, you should put the flares toward the entrance of the curve so that other motorists know they are coming up upon a hazard.  These flares should be used in both the day and nighttime and can be purchased at most automotive stores.
  5. After you’re in a safe area and you’ve put out warning flares, take a look and see which tire needs to be changed and take out your spare tire, your jack, and your lug wrench.  One side of the wrench is used to pry off your hubcap.  Use this small end of the wrench and placed it underneath the back edge of the hubcap and pry it off.  Then with a lug wrench, loosen the lug nuts by using a tower clockwise motion.  This should be done with your tires still on the ground.  You only want to just loosen the nuts at this point.  You do not want to remove them yet.
  6. Ensure that nobody is in your vehicle and don’t let anybody enter the vehicle while you lift the vehicle with your jack. 
  7. Place the jack in the proper location according to your owners manual and start raising your vehicle off the ground.  Please note that if you place the jack in the wrong place you can damage your car or cause it to over.  Once the car is lifted, never put any part of your body underneath a car at any time.
  8. Once the car is lifted, go ahead and remove all the lug nuts using the lug wrench by turning them counterclockwise.  
  9.   Take a flat tire off and set it to the side off the roadway.
  10. Place the spare tire on the up and lined up the lug studs as you push on the spare tire.  Then tighten the lug nuts in the clockwise direction with your fingers as tight as you can.
  11. Then take the lug wrench and tighten the lug nuts as tight as you can while the car is still lifted in the air.
  12. Carefully lower the vehicle using your jack.
  13. When all your wheels are back on the ground, again tighten the lug nuts to make sure that they are as tight as possible.  You should try each lug not three or four times to make sure they are absolutely tight.
  14. There’s no need to replace your hubcap because you will be having a new tire for your old tired repaired shortly.
  15. Before leaving the area make sure that you extinguish the road flares and make sure to enter the roadway only when it is safe.

The Hundley Law Firm is here to help you or a loved one has been  injured in the accident due to the negligence of another.  We want everyone to remain safe, but if despite your best efforts you or a family member has been injured and you need legal representation, please call us at 310-348-8106.  We are here to help and will provide you with a free consultation to discuss your legal rights.

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Protect your children – learn about TBI

Monday, November 22nd, 2010

TBI is a Traumatic Brain Injury

TBI is a serious public health concern in the United States.  Surprizingly, data shows that, on average, approximately 1.7 million people sustain a traumatic brain injury annually.

TBI is caused by a bump, blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury. The majority of TBIs that occur each year are concussions or other forms of mild TBI.

Each year, of the 1.7 million people that sustain a TBI:    

  • 52,000 die,
  • 275,000 are hospitalized, and
  • 1.365 million, nearly 80%, are treated and released from an emergency department.
  • TBI is a contributing factor to a third (30.5%) of all injury-related deaths in the United States.
  • Children aged 0 to 4 years, older adolescents aged 15 to 19 years, and adults aged 65 years and older are most likely to sustain a TBI. 
  • Almost half a million (473,947) emergency department visits for TBI are made annually by children aged 0 to 14 years.
  • Males aged 0 to 4 years have the highest rates of TBI-related emergency department visits, hospitalizations, and deaths.
  • More than 75,000 children sustain TBI each year by participating in sports
  • - More than 11,000 TBIs each year in basketball
  • - More than 11,000 TBIs each year in baseball/softball
  • - More than 10,000 TBIs each year in soccer/skateboarding
  • - More than 15,000 TBIs each year in football
  • - More than 30,000 TBIs each year related to cycling 

The clear message is kids are being injured and they should always wear protective gear, including helmets while riding their bikes and skating.  

There is information that parents should know about TBI and we ask that you please look at the CDC information sheets that are listed below.  You owe it to your children to be armed with the information you need to protect them and get them help if they sustain a brain injury.  

Please click on the government links below to get more information.  

www.cdc.gov/concussion/pdf/TBI_factsheets_PARENTS-508-a.pdf)

www.cdc.gov/concussion/headsup/pdf/Heads_Up_factsheet_spanish-a.pdf   (Spanish – TBI Fact Sheet)

We at The Hundley Law Firm hope your family never has to deal with a TBI, but if you or a loved one has been involved in an accident and suffered at TBI and need assistance, we are here to help.  Call us at 310-348-8106 and we will provide you with a free consultation to discuss how we can help.

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Tragic Motorcycle Accident Claims the Lives of 5 people and Injures 6.

Wednesday, November 17th, 2010

 On Saturday afternoon on state Route 98, about 80 miles east of San Diego, a tragic motorcycle accident occurred on a curvy road which hugs the Mexican border.  At the time of the accident, a group of motorcycle riders were riding to a resort where they intended to celebrate their motorcycle club’s 10th anniversary.  The resort was near the Arizona state line.  They were on a leisurely ride in the desert when tragedy struck.

Prior to the accident a gold Honda Civic pass the motorcyclists going at an extreme rate of speed that was estimated at 90 miles an hour.  An oncoming driver, Carlos Rodriguez Bobadilla,  who was driving a Dodge Avenger, saw the Honda Civic on his side of the roadway.  In response to the gold Honda Civic, Mr. Bobadilla swerved the Dodge Avenger to the right shoulder, but then he over corrected and came back onto the roadway and crossed into oncoming traffic and impacted several motorcycle riders in the group.  It is believed that if Mr. Bobadilla would have simply slowed and stayed off the roadway, his vehicle likely would’ve only been stuck in soft sand.  Mr. Babadilla was arrested on suspicion of drunk driving as alcohol was noted on his breath about five hours after the crash.  Blood results are pending.  The driver of the Honda Civic did not stop at the scene and he is described as a man wearing a baseball cap.  This driver is now wanted for questioning by the CHP and if f you have any information regarding the driver of this gold Honda Civic, please immediately contact the CHP at 1- 800- tell-chp.

 Four motorcycle riders lost their lives in this avoidable accident.  A fifth person riding as a passenger in the Dodge Avenger also lost her life.  Six other motorcycle riders were severely injured.  Their injuries included broken hips, ribs, backs, a jaw, and head injuries.  This human tragedy should have never occurred and our condolences and well wishes go out to the families that lost loved ones or whose loved ones were injured in this accident.  If you or a loved one were injured in a motorcycle accident, please feel free to contact us at 310-348-8106 for a free consultation to discuss how we might be able to help.   

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Senseless crash claims baby and young mother

Monday, November 1st, 2010

A 10-day-old infant girl and her 19 year- old  mother were killed on Sunday when the baby’s father drove a Cadillac Escalade into a home in Boyle Heights, California.   The Escalade hit the house so forcefully that it ended up  five to six feet inside the home.   It is believed that the father of the infant caused the crash on purpose as there were no skid marks present.  The father was treated for minor injuries.

Family members reported that the father and mother were involved in a fight during a party earlier on Sunday before the crash and that the father threatened to kill the baby, the mother and himself.    At the time of the crash, there were six children inside the home and one was injured and taken to the hospital with serious injuries.

Emotions run high when a new child comes home form the hospital.  Lack of sleep and new found responsibilities may seem overwhelming, but there is never an excuse for hurting a child or your spouse or significant other.  Anger must be controlled and dealt with in ways that are not destructive so tragic occurrences like the one that happened on Sunday are avoided.    This crash not only took the lives of a baby girl and her young mother, but destroyed the father’s life and have negatively impacted an entire extended family.   There is something that can be done and we ask that you look at four proven ways to control your anger listed below and seek help if you believe you may have an anger management problem.  The lives you save may be those most dear to you and acknowledging you have a problem is the first step.  

If you or a loved one has been wrongly injured due to the negligence of another call us as we are here to help.  310-348-8106.

Four Proven Techniques for Managing Anger
  The first step towards managing anger in our personal relationships appropriately is the identification of the mistaken attitudes and convictions that predispose us to being excessively angry in the first place!Once these mistakes have been corrected, we will be less likely to fly off the handle than we were in the past.
  The second step is the identification of those factors from our childhood that prevents us from expressing our anger as appropriately as we otherwise might. These factors include fear, denial, ignorance and so on.

  • These impediments to the effective and appropriate management of our anger towards others can be removed so that our suppressed anger will NOT compound itself inside of us as it has been doing for years.
  The third step is learning the appropriate modes of expressing our “legitimate” anger at others so that we can begin to cope more effectively with anger provoking situations as they arise in our personal relationships. When we are anxious or depressed in our relationships, we are often experiencing the consequences of our suppressed anger. The problem is that we have suppressed our anger so deeply that we succeeded in concealing it from our own selves! All we are left with is the residual evidence of it, our anxiety or our depression. When we are depressed, very often we are also angry at our self without realizing it.

  • Learning to appropriately manage our anger at ourselves is the antidote to much of alcoholism and drug abuse. But the management of our anger does not end in learning these new and more appropriate ways to express it. There remains one last step.
  The fourth step in the Anger Management process is to bind up the wounds that may have been left by the potentially devastating emotional impact of anger. “Anger wounds” left in us against those who have wronged us. If we do not complete this mopping up step, we will cling to the resentment of having been done wrong and will carry the festering residue of our anger and rage in our hearts forever.

  • One of the most effective means of giving ourselves immediate relief from anger in our personal relationships is to forgive others.

 
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School Bus Crash – one dead and several injured

Tuesday, October 26th, 2010

 A school bus crash has left one person dead and dozens injured in Los Angeles. Authorities are investigating if drunk driving was involved in the accident, which left the bus overturned, one pedestrian dead, and several on the school bus injured.   Witnesses said that a black BMW ran a red light and collided with the bus.  The car’s driver and two passengers then reportedly fled the scene.  Two construction workers who saw the crash quickly caught the people from the BMW and handed them over to the police.

The Hundley Law Firm knows that such accidents can happen and that we all must do everything to keep ourselves safe, but when injuries happen due to the negligence of another, we are here to help.  If you or a loved one was injured in an accident and you need help, please contact us for a free consultation to discuss your legal rights and how we can help.  We can be reached at 310-348-8106

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Toyota and Honda recall millions of vehicles because of brake issues

Friday, October 22nd, 2010

Toyota Motor Corp. and Honda Motor Co. are recalling millions of vehicles to fix brakes that could leak fluids and hamper stopping power.

Toyota is calling back and repairing 1.53 million Avalon, Highlander and Lexus vehicles. Honda said it was recalling an undetermined number of Acura sedans and Odyssey minivans. Toyota’s latest move follows a string of  recalls of more than 10 million cars, trucks, SUVs and minivans because of various defects.  

The Toyota models affected in the U.S. include the 2005 and 2006 Avalon, 2004 through 2006 Highlander (non-hybrid) and 2004 though 2006 Lexus RX330, as well 2006 Lexus GS300, IS250 and IS350 sedans. In all, the automaker is recalling 740,000 vehicles in the U.S.   Honda’s recall includes some 2005 through 2007 Acura RL sedans and 2005 to 2007 Honda Odyssey minivans.   
 
Recall notices should be coming out to owners next month, but if you owned one of the vehicles listed above you likely want to contact your local dealer and talk to them about getting the issue fixed as soon as possible.   An unsafe vehicle can harm you, your family, or others.   Unfortunately, each year thousands of injuries occur because of dangerous products and we are here to help people when this happens.  Call us at 310-348-8106 for a no risk Free Legal Consultation if you or a loved one has been injured by a defective vehicle.   
 
When a person makes a claim for injuries caused by a dangerous or defective automobile, he/she asserts a Product Liability claim.  We handle such claims and there are several types defects that often lead to very serious injuries. 
  

Unintended acceleration

Unintended acceleration reports resulted in a massive 2010 Toyota Vehicle Recall and suspension of production and sales of many Toyota models.

Stability – rollovers and roof crush

During the 1990s and early 2000s, there was an epidemic of accidents which involved the truck’s or car’s rolling over as a part of the behavior of the car in the incident. More concerning was the increasing number of “single car accidents” which involved rollovers.   The National Transportation Safety has recognized the danger of rollovers, and the prevalence of rollovers as a result of the defect created by the design of many SUVs. NHTSA has actively campaigned against this design defect and has adopted and promoted its Rollover Resistance Safety Rating, and has actively promoted the adoption of Electronic Stability Control systems.  

Roof crush injury risks are higher in vehicles with a greater propensity to roll over.  Because they are taller and narrower, SUVs, or sports utility vehicles, are three times more likely to roll over in an accident than are other passenger cars.  In 1973, the government passed Federal Motor Vehicle Safety Standard 216, creating a standard roof strength test to measure the integrity of roof structure in motor vehicles.  Roof pillars appear strong to the average consumer, but most of them consist of just sheet metal that is hollow on the inside at the cross sections.  Much safer designs exist, at little cost, to reinforce these pillars.  Despite federal standards, many vehicle roofs will easily crush a foot or more during a rollover accident.  Roof crush kills or seriously injures tens of thousands of people every year.  A weak roof makes a vehicle defective, and roof crushes cause serious injuries, including brain and spinal injuries

Keeping occupants in their seats and protected

Car makers have been required to provide seat belts in passenger cars for many years.  The failure of seat belts – including the tendency to false latch – can cause or contribute to serious injury and death in what should have been a non-injurious accident.  Beside seat belts, the most important injury prevention devices in the car are front and side impact airbags and sometimes they fail or actually cause injuries because they don’t work as specified.  Many vehicle occupants are killed every year because they are ejected from a vehicle which has been involved in an accident because of a problem with a seat-belt, door, or window. 

Tires

The need for safe tires is obvious.   When a tire is defective and you encounter tread separation or sidewall failure often catatrophic accidents and injuries occur. 

The Hundley Law Firm is here to help if you or a loved one was injured because of a defective product.  Please call us for a free consultation to discuss your legal rights at at 310-348-8106.

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Personal Injury & Employment Law Services

Thursday, October 21st, 2010

The Hundley Law Firm is here to help you if you were injured in an accident caused by another or if you are facing an employment issue.  Call us today and see how we can help.

The Hundley Law Firm -  310-348-8106

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