Personal Injury

Published on: June 23, 2009

Washington D.C. Metrorail Train Accident Kills Nine, Injures Many Others

By Brian Chase

At least nine people were killed and scores of other commuters were injured in a Washington D.C. train accident the evening of June 22, 2009. According to a Fox News report, one Metro train smashed into the back of another during rush hour traffic causing the front end of one train to jackknife violently into the air and fall on top of the other. Cars of both trains were ripped open and smashed together in what officials say is the worst train accident in the Metrorail’s 33-year history. Washington D. C. fire officials treated at least 76 people at the scene and many were sent to area hospitals including six people with critical injuries. Among the dead was Jeanice McMillan, operator of the trailing train.

Officials said the first train was stopped on the tracks waiting for another to clear the station ahead when the trailing train plowed right into it from behind. Officials have not been able to explain what caused this catastrophic train crash. The trailing train is said to be one of the oldest in the Metro fleet. The National Transportation Safety Board (NTSB) is investigating the incident.
Continue reading →

Published on: June 22, 2009

Zicam Class Action Suit Pending in California? Zicam Defects Surfaced Five Years Ago

By Brian Chase

California Zicam class action attorneys are aware that the problem with Zicam intranasal cold remedies is nothing new. According to an investigative news report done by Denver’s 7News in 2004, five years before the U.S. Food and Drug Administration (FDA) cautioned consumers that use of Zicam can result in the loss of sense of smell. In 2004, Matrixx Initiatives, the manufacturer of Zicam, admitted that they did not know if their nasal gel could cause loss of smell.
Continue reading →

Published on: June 19, 2009

San Bernardino Hit-and-Run Pedestrian Accident Kills Skateboarder

By Brian Chase

Dustin Rogers Martin, 17, was killed in a San Bernardino County pedestrian accident after he was struck by a hit-and-run driver. According to a news report in the San Bernardino Sun, Dustin was riding a skateboard on Cottonwood Avenue near Poplar Street the morning of June 15, 2009 when he was hit by a sedan. The driver, Kenneth Stotelmyre, left the scene, but later returned with his father. Stotelmyre has been arrested on suspicion of felony hit-and-run.

My heart goes out to the family and friends of Dustin Rogers Martin for their heartbreaking and tragic loss. I offer my deepest condolences to everyone who knew and loved this young man. Please keep them in your prayers.

According to California Highway Patrol’s 2007 traffic accident statistics, there were four fatalities and seven injuries involving pedestrian accidents in Hesperia. In San Bernardino County as a whole, 50 fatalities and 432 personal injuries involving pedestrian accidents were reported in 2007.

In this particular case, it’s not quite clear, based on the newspaper report, whose fault this fatal pedestrian accident was. Did the driver, Stotelmyre, have enough time to stop? How old is Stotelmyre? Was he distracted, driving reckless or driving under the influence of alcohol or controlled substances? These are all important questions that need to be answered to determine whether there was any negligence and also the level of negligence that may have existed here.
Continue reading →

Published on: June 19, 2009

California Zicam Lawsuit Attorneys: Victims Lose Sense of Smell after Using Zicam Cold Relief Products

By Brian Chase

Most Zicam lawsuit lawyers have seen recent warnings of the drugs effects. These effects can be devastating and the recent warnings about Zicam intranasal products, which are believed to cause a loss of sense of smell among users, is another example of that. A news article in the Associated Press talks about David Richardson of Greensboro, North Carolina, who believed he was taking a “homeopathic cold remedy” when he used Zicam’s cold gel. With one squirt of Zicam cold gel, Richardson lost his sense of smell.

Here’s how Richardson describes his loss to the Associated Press: “It’s like watching a sunset in black and white. The things that you take for granted, not only smelling fresh-cut grass or bread in the oven…you miss those parts of your life. There’s not a day that goes by that you’re not reminded of it.”

The U.S. Food and Drug Administration (FDA) warned consumers against three Zicam products — Zicam Cold Remedy Nasal Gel, Nasal Swabs and discontinued Swabs in Kids’ Size. Apparently, Zicam belongs to an under-the-radar, but legal sector of the drug industry called homeopathic remedies. Many drug injury attorneys have seen these pharmaceutical drugs sold over-the-counter without prescription as legal drugs claiming to treat specific aliments, yet they are not routinely reviewed for safety or benefit by the FDA. Matrixx Initiatives, the company that makes Zicam, still maintains Zicam is safe and has not yet issued a product recall. All that the company has agreed to, so far, is to suspend shipments and reimburse customers who want refunds.
Continue reading →

Published on: June 18, 2009

San Bernardino Bus Accident Leaves Drunk Driver Dead and Six Passengers Injured

By Brian Chase

Six people were injured in a San Bernardino County bus accident after a suspected drunk driver in a pickup crashed into the charter bus carrying 23 passengers from the San Manuel Indian Bingo and Casino to Los Angeles. According to a news article in the San Bernardino Sun, 32-year-old Vernon Christopher Hernandez ran a red light at the intersection of Victoria Avenue and Mirada Road in San Bernardino the night of June 15, 2009 and slammed into the bus. Hernandez died in the bus crash.

After the initial impact, the bus and truck continued sliding 20 to 30 yards. The bus then crashed into a large block wall. Six passengers on the bus suffered personal injuries and all 23 were pulled through the windows after the bus crashed into the wall, San Bernardino County Fire Department officials said. The Los Angeles-bound charter bus had just picked up the passengers from the casino. Police are apparently still investigating what caused the bus-car accident, but based on the preliminary investigation, they are placing the blame on the driver of the pickup truck. Police say they believe alcohol or drugs may have played a part in this bus collision.

I’m relieved that other than the suspected drunk driver, no one else was seriously hurt or killed in this San Bernardino bus accident. I wish the injured bus passengers the very best for a quick and complete recovery.
Continue reading →

Published on: June 18, 2009

San Bernardino County Pedestrian Accident Kills One in Chino

By Brian Chase

Meiyun Kang, 82, was killed in a San Bernardino pedestrian accident the morning of June 16, 2009, the Inland Valley Daily Bulletin reports. The Chino pedestrian accident occurred when 76-year-old Mary Lemos, who was driving a 2003 Honda Accord west on Riverside Drive near Cypress Avenue, struck Kang. Chino police officials said Kang attempted to cross Riverside from the south side and was hit by Lemos. A witness apparently told police that Kang crossed the street outside of the crosswalk area. Kang was pronounced dead at the scene. Lemos was uninjured. If you have more information about this fatal San Bernardino County pedestrian accident, please call Chino police at 909-590-5571.

My heart goes out to the family and friends of Meiyun Kang. I offer my deepest sympathies to everyone who knew and loved Kang. Please keep them in your prayers.

According to California Highway Patrol’s 2007 Statewide Integrated Traffic Reporting System, there were three fatalities and 11 injuries involving pedestrian accidents in Chino. In San Bernardino County as a whole, 50 fatalities and 432 injuries were reported in 2007 as a result of pedestrian accidents.
Continue reading →

Published on: June 17, 2009

San Bernardino County Pedestrian Accident Kills One

By Brian Chase

Crystal Smith, a 16-year-old girl, was killed in a San Bernardino County pedestrian accident after she was struck by a motorist while crossing Highway 395 early morning June 13, 2009, the San Bernardino Sun reports. San Bernardino County Sheriff’s officials, who are investigating the fatal car versus pedestrian accident, say the driver of a Chevy Cavalier, a 28-year-old woman, did not see Crystal crossing the Adelanto street because of a tractor-trailer that was driving north in the lane next to her.

I offer my deepest sympathies to the family and friends of Crystal Smith for their tragic and untimely loss. My heart especially goes out to the girl’s parents. Please keep them in your prayers.

According to California Highway Patrol’s 2007 Statewide Integrated Traffic Reporting System, there were no fatalities and one personal injury involving pedestrian accidents in Adelanto. It would seem pedestrian accidents are not all that common in Adelanto. However, in San Bernardino County as a whole, it’s a different story. In 2007, 50 fatalities and 432 personal injuries were reported in San Bernardino County as a result of pedestrian accidents.
Continue reading →

Published on: June 16, 2009

Bicycle Accident Spurs Concern about Dangerous Roadway Condition

By Brian Chase

Local residents in the Tamalpais Valley in the San Francisco area are crying out for better bicycle safety after 26-year-old Claire Diepenbrock suffered horrific injuries in a bicycle accident on May 26, 2009. According to a news report in the Marin Independent Journal, Diepenbrock was injured after she was hit by two cars while riding her bicycle in the busy stretch of Highway 1 near Tam junction. This roadway has apparently been the subject of numerous calls for speed limit signs and wider shoulders by community members over the years who believe a dangerous roadway condition exists on this roadway.

Community activists and local groups have been re-energized by Claire Diepenbrock’s bicycle accident and resulting injuries. Many have sent out letters seeking changes to local politicians as well the as the California Department of Transportation (Caltrans). Diepenbrock suffered multiple fractures to her skull, jaw, cheekbones and ribs, a broken clavicle and punctured lung. Doctors are still assessing the extent of her brain injuries and possible brain damage. However, she is said to be improving.

My heart goes out to the injured victim Claire Diepenbrock and her family members who are reeling from the shock of her terrible injuries. I hope and pray that she makes a complete recovery.
Continue reading →

Published on: June 16, 2009

Long Beach Big Rig Truck Accident Fatally Injuries Driver

By Brian Chase

A truck driver was killed in a fiery Long Beach big rig truck accident the night of June 13, 2009, the Long Beach Press Telegram reports. Traffic accident investigators believe that the tanker trailer plunged off the road and into a river bed while making the transition from the eastbound 91 Freeway to the northbound 710 Freeway, California Highway Patrol officials said. The cause of the truck accident including the speed of the tanker is under investigation. Investigators believe the freeway columns may have suffered structural damage as a result of this fatal truck accident.

My heart goes out to the friends and family of this truck driver, who was fatally injured in this big rig truck accident. I offer my deepest condolences to everyone who knew and loved this man. Please keep them in your prayers. It is indeed a relief that no one else was injured or killed in this horrific truck accident.
Continue reading →

Published on: June 14, 2009

Torrance Car Accident Victim’s Family Pleads for Fair Investigation

By Brian Chase

Earlier this week, we posted “Will The Driver That Killed My Husband Ever Be Held Accountable?” written by our client, Deborah Reichle, who lost her husband, David Reichle, in a horrific car versus pedestrian accident on a Torrance street right outside their friends’ home in Torrance, Thanksgiving morning 2008. David suffered severe brain injury and died five days after the jeep driven by Sara Sherbin struck him. But even as she is dealing with pain, grief and financial instability in the wake of her husband’s death, Deborah is also dealing with shoddy car accident investigationby the Torrance Police Department, which may help Sherbin walk away from this entire episode as if nothing happened. And that is just plain wrong!

Here’s what happened. Sherbin drove down a very wide and quiet residential street. She claimed later that she didn’t see David getting out of his car and turning to talk to a friend on the sidewalk. Sherbin plowed through David and didn’t even stop after she hit him. Instead, she over-corrected and shot across the street before she came to a stop two houses away. Deborah believes Sherbin was driving recklessly that day and had counted on the Torrance Police Department to perform an unbiased investigation and come out with the truth.

But Deborah Reichle has been sorely disappointed. The investigating officer’s report was missing key witness statements thereby diminishing Sherbin’s liability. In fact, the report even suggests that David may have been at fault for exiting his van although he was fully out of the van and in plain view of Sherbin as she drove down the street. All Sherbin got was a minor traffic citation. She has not been charged and no charges are pending.
Continue reading →