Auto Accident Lawyer

One man died and five other people were injured last week in a Modesto big rig accident on Highway 99.  The truck failed to stop for slowing traffic on and crashed, triggering a five-vehicle, chain-reaction collision, according to the California Highway Patrol.  A man driving a black Nissan Frontier was pronounced dead at the scene, reported CHP officer Jon Peregoy to the Modesto Bee .  The passenger in the Nissan suffered major injuries and was rushed by ambulance to a local area hospital.  Both were wearing their seat belts. The crash occurred about 1:50 p.m. in the highway’s southbound lanes, just north of the Carpenter Road-Briggsmore Avenue overpass.  Peregoy said the big rig, which ws traveling behind the other vehicles, failed to stop in time and stuck the rear of the Nissan.  The Nissan was pushed into the other vehicles, causing a massive pile up.  Peregoy said there were no indications at the scene that alcohol or drugs were a factor in the crash. California has consistently ranked in top 5 States with the most fatal truck accidents .

Two Sacramento teenagers sustained injuries after being hit by a vehicle - Photo courtesy of the Sacramento Bee The Sacramento Bee reports that two teenagers were struck by a vehicle while crossing a busy street in Oak Park on October 19th at 8 a.m.  The teenagers were students at American Legion High School.  The vehicle was traveling eastbound on Broadway near 39th Street when it struck the teenage girls.  Both girls suffered serious injuries from the car accident and were reported in critical condition.  The 26-year-old driver of the vehicle stopped and was interviewed by officers.  The circumstances that led up to the accident are under investigation.

About 3 weeks ago, the Sacramento Bee published a tragic article about the death by drowning of a 2-year-old child from Carmichael. It is believed that the 2-year-old drowned while staying at a relative’s home in South Natomas. The little girl had been recently staying at the house with her parents.  Sacramento Police Department spokesman Sgt. Norm Leong said police received a call shortly after 12:30 p.m. from UC Davis Medical Center regarding the girl’s death.  Firefighters had responded to the home, where she was believed to have died from asphyxia due to suffocation (drowning) in the 5-foot-wide Koi Pond in the backyard.  Leong said her parents were inside the house, and the police are investigating the incident further.  This is a tragic accident and our deepest condolences go out to the parents. Although this may seem like an isolated incident, accidents like these occur rather frequently within the Sacramento area. Our firm has handled a similar case, providing legal guidance for a drowning accident . In this case, a young boy died in a rural pond. The pond was so algae-ridden that it looked more like a lawn instead of a pond.  It is critical that all bodies of water be maintained and, ideally, fenced properly.  We ask that you use caution around bodies of water, no matter how shallow they may be. If you are in need of a lawyer with drowning accident experience , please feel free to contact our offices. We are here for you.

Woodland residents 5 year-old Josue Navarette and 1 year-old Christian Ramirez were run over by different suspected drunk drivers on the same day.  “What’s the odds of this happening, for it to happen in such a small town?” said Woodland Mayor Art Pimentel.  Both children were listed in serious condition at UC Davis Medical Center in Sacramento.  Police booked Francisco Pinon-Martinez, 20, of Woodland for the incident involving the 5 year-old.  Police booked Alejandra Rameriz Lopez, 27, for the incident involving the 1 year-old.  Lopez was identified as the 1 year-old’s father.  “It’s a very sad day in Woodland . . . We need to do a lot better job in educating people.  When someone drinks and drives, these are the consequences,” Pimentel said. My heart goes out to the innocent injured children in this case.

How to keep your child out of the ER - and yourself out of court. I was at a picnic with my children when a friend asked me if she should get a trampoline .  I thought this was a strange question – she can do what she wants, it’s a free country!  Then, I realized she was asking me, as a lawyer, if she should get a trampoline.  In my professional opinion, did I think trampolines were safe ? Furthermore, she asked me if I thought she should have anyone who used the trampoline sign a liability waiver/release document before jumping on it.  Her family really wanted one, but she was worried about the associated dangers to her children and her children’s friends.  I can understand her concern. Trampolines cause many personal injuries, and can land an unprepared person in court, or an unsuspecting child in the emergency room. This is what I told my friend, and what I would tell anyone considering buying a trampoline. What You Need to Know: Everyone knows that trampolines can create injuries, so you need to do everything within your power to make the trampoline safe.  Every owner of a trampoline needs to be aware of the dangers . A trampoline owner is not automatically liable just because someone gets hurt ; the injured party would have to show that you were negligent with respect to the trampoline. The trampoline should be installed properly using manufacturer’s instructions/directions. The trampoline should have a safety net . The trampoline should be properly maintained , i.e. replace ripped safety nets, springs, make sure the trampoline unit is on solid ground and stable, etc. Supervise those using the trampoline , especially children.  Enforce rules against horseplay, multiple people using it at the same time, bouncing others (especially younger children) and flips.  Make sure visiting parents understand that you expect them to supervise their children on the trampoline. A liability waiver/release form signed by parents/guardians won’t hurt, but may be an awkward request.  You should understand that the waiver/release only provides notice, acknowledgment and acceptance of the danger and does not absolve you from negligence. Contact your homeowners insurance to find out if injuries sustained on your trampoline are covered.  Many homeowners policies exclude liability coverage related to a trampoline. The most common injuries obtained from a trampoline are a result of landing wrong while jumping (flips, etc.), attempting stunts, colliding with another person, falling or jumping off the trampoline and landing on springs or the frame.  Paralysis can occur if a jumper lands on his/her neck. Here’s my release language - My comments do not constitute a legal opinions and are offered for the purposes of discussion only.  The law differs in every jurisdiction/state, and you should not rely on my comments concerning your own case/issues.  You should immediate seek legal counsel in your particular jurisdiction before making decisions regarding a trampoline. To learn how you can prevent trips to the emergency room, read this article on preventing trampoline injuries . Need a Personal Injury Lawyer? If you or a loved one have been hurt in a trampoline accident , please feel free to contact the Law Offices of Frank Penney . I’d be happy discuss your case.

Vibrant and beautiful eleven year-old Virginia Graeme Baker (goes by Graeme) and her sisters attended a swim party at a friend’s house during the summer of 2002.  During the party, Graeme was found sprawled at the bottom of the hot tub.  Graeme’s mother tried to pull her up from the water with all of her strength, but to no avail.  Two men took over and broke the drain pipe in order to release her body.  Graeme’s body was held down by the spa’s suction drain providing her no release.  Graeme died upon arrival at the hospital.  Graeme was no ordinary girl, she was the granddaughter of former Secretary of State James Baker III.  Her accidental death lead to the Virginia Graeme Baker Pool and Safety and Spa Safety Act of 2007.  This Federal Law requires that all public pools/spas be equipped with specific equipment that is intended to prevent pool/spa deaths or injuries caused by entrapment, evisceration or entanglement, i.e. ASME/ANSI A112.19.8 standards. Joann Walker, 15, was held to the bottom of a hot tub by the powerful suction of the drain. Her thin bathing suit strap prevented a full vacuum from forming, and she escaped the encounter scared, but alive. (Janice Walker) Suction drains can hold children down by their hair, body, limb, bathing suits and even jewelry.  The Consumer Product Safety Commission has found numerous swimming pool/spa suction entrapment accidents over the years leading to serious injury and death .  It is unfortunate that it took the death of a beautiful seven-year-old girl to bring the matter to the public and to create safety laws. Unfortunately, there are many public pools/spas that are not in compliance with these new safety standards .  Many of those pools/spas are located in Northern California .  Furthermore, the Consumer Product Safety Commission (CPSC) has recently interpreted the 2007 law to not require back-up anti-entrapment systems in many as 150,000 public and hotel pools/spas.  This has created some outrage by parents with children affected by pool/spa suction accidents. Next time you let your children swim in a pool or a spa (especially one in a hotel or motel), be sure to check the suction drains and make sure they are ASME/ANSI A112.19.8 compliant.  It could be a matter of life or death.

I was recently asked to be a judge for a local high school video reenacting a drunk driving accident.  The video will be shown to the high school body showing the consequences of drunk driving.  A car accident will be staged with emergency personal working the scene.  Even a helicopter will arrive to take away students who had deceased.  Students will be taken from the classrooms throughout the day on a random basis, representing those that die in drunk driving accidents.  The video will show the drunk driver shackled in court receiving a harsh prison sentence from the judge (that was my Oscar winning moment).  It was a lot of fun and for a great cause.

School teacher and aide play a rather cruel trick on a student. Read the article. Teachers should help instill students’ confidence. The elementary and high school years are difficult enough as is and it is critical that children feel accepted and be in an environment of trust and comfort. http://www.wcpo.com/news/local/story/Mother-Files-Suit-After-Teachers-Allegedly-Play/vE2OEH07tUS6NWoDsf7zDQ.cspx

Toyota is recalling 2.3 million vehicles to correct a problem that could lead to its vehicles’ gas pedals to stick.  This new recall is separate from an on-going recall of 4.2 million vehicles (including Lexus) to correct a problem in which the pedals could become stuck under a loose floormat.  This new recall does not include the floormat problem.  The new problem involves the potential that an accelerator pedal becomes harder to press and slower to return. Toyota warned drivers to not pump the brakes if the accelerator sticks, but to apply the brakes in a firm and steady manner.  Then, take the vehicle to a safe location and have it inspector by a Toyota dealer.   These are the vehicles covered by the most recent recall: 2009-2010 Rav4, Corolla, Matrix 2005-2010 Avalon 2007-2010 Camry (Hybrid not included in the recall) 2010 Highlander 2007-2010 Tundra 2008-2010 Sequoia Feel free to contact me if you have any questions.  Our toll free number is (888) 873-6639.  You can also email me at info@penneylaw.com.

Should you go to law school? Here is an interesting article about this issue. I am not discouraging anyone from going to law school - just an interesting article.  Here is the article .