October 13, 2010

Man with Multiple Drunk Driving Arrests Convicted of Manslaughter

Joel Miranda of Santa Ana will spend at least 10 years behind bars for his role in the death of Francisco Aquino, who was walking as a pedestrian when he was fatally struck by Miranda's car. According the news reports, Miranda was driving a truck during the early evening of February 1, 2009 when he was struck by a Mercedes Benz that pushed him into the pedestrian Aquino. Aquino later died at an Orange County hospital.

Miranda.jpg After the accident, Miranda fled the scene. He was later arrested at his apartment, where authorities found that his blood alcohol level was .23 over an hour after the accident. He was arrested and charged with vehicular manslaughter. But remarkably, this wasn't the first time Miranda had been busted for driving under the influence. It wasn't even his second or third time. This man had prior convictions for drunk driving in 1995, 1997, and 2004, and never served more than a week in jail.

His defense attorney argued that the accident, and the death of Aquino, wasn't the fault of Miranda, but by the driver of the Mercedes Benz, who started the fatal chain of events. The jury of eight women and four men didn't buy it, and convicted Miranda after about seven hours of deliberation.

Source: OC Register

The Southern California accident and injury attorneys at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or local at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

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Posted In: Auto Accidents , Drunk Driving Accidents , Orange County Accident , Pedestrian Accidents

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March 12, 2010

Toyota Sued for "Endangering Public"

The Orange County District Attorney's office has filed a civil lawsuit against Toyota Motor Company for "knowingly selling hundreds of thousands of vehicles" with defects to the acceleration system. Toyota's U.S. sales headquarters is in Torrance, but it has not yet received the complaint.

As a result of its well known accelerator problems, which infamously may have killed an entire San Diego family in August 2009, Toyota has recalled more than 6 million cars. U.S. regulators are now reporting at least 52 deaths associated with the problem, and currently there are 89 class actions lawsuits against Toyota, and many other individual personal injury and product liability claims.

Toyota is stating it is "mystified" by the most recent allegation of an accelerator mishap involving a Toyota Prius, previously not believe to have accelerator problems. James Sikes called 911 while traveling on I-8, claiming he could not slow down his Prius. After a long, harrowing drive, and with the help of CHP he was able to stop the car, which he said was accelerating on its own.

Since that high-profile incident, Sikes himself has become the focus of the story, and questions have been raised about the veracity of his claims. Not surprisingly, Sikes hired an attorney shortly after the incident, but has stated publically that he does not plan to sue. (related story)

Source: San Diego 6 News

The personal injury law firm of Walton Law Firm represents individuals who have been injured in all types of accidents, including auto accidents, motorcycle accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

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Posted In: Auto Accidents , Orange County Accident , Product Liability

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December 13, 2009

Police Seek Help Finding Hit-and-Run Driver

An off-duty Orange County firefighter suffered serious injuries when he was struck by a hit-and-run driver on Saturday (12/12/09) while crossing in a crosswalk on South Coast Highway in Laguna Beach. Luke Perisin, 38, left the Sandpiper Bar just before 1:00 a.m. and was walking within the crosswalk when the suspect, for reasons unknown, crossed over the wrong side of the street and struck Perisin.

According to reports, Perisin hit the windshield, and then flew 50 feet, suffering a head injury and fracturing several bones, including his pelvis, ribs, and vertebrae. It is remarkable he survived.

The police are looking for the identity of the driver who struck Perisin and are asking for help. Authorities are looking for a white Toyota Prius or Corolla with major front end damage. Call (949) 497-0359 with any information.

Here is an ABC 7 News video on the accident.





Source: abclocal.go.com

Based in San Diego County, the accident and injury lawyers at the Walton Law Firm represent individuals and families throughout Southern California who have been injured in all types of auto accidents, motorcycle accidents, and all other accidents caused by negligent conduct. Call (866) 607-1325 for a free consultation.

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Posted In: Orange County Accident , Pedestrian Accidents , Personal Injury

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November 21, 2009

Claim Filed in Death of Junior Lifeguard

As was expected, the family of a Huntington Beach junior lifeguard who was accidentally killed during camp when she was run over by a lifeguard boat has filed a claim against the City of Huntington Beach. The claim alleges that Huntington Beach lifeguard Greg Crow, the boat operator, was negligent, and that his negligence caused Alyssa Squirrell's death. As was blogged about here, Alyssa died during a training drill where the junior lifeguards would jump off the back of the rescue boat near the surfline.

The filing of a claim is not a lawsuit, but a precursor to a lawsuit. Under California law, anytime a person wants to file a law against any governmental entity, whether a city, county, or any other public agency, it must first file a claim against the public entity, and the claim must be denied. In addition, the claim must be filed within 6 months of the incident. If the claim is not filed within six months, the person is usually barred from filing a lawsuit.

This requirement, which places an unfair burden on claimants, is often confusing for claimants. For example, if Alyssa Squirrell was killed by a private boater, not a city employee, her family would have up to two years to file a wrongful death case against the boater. Since the prospective defendant is the City of Huntington Beach, they must first file the claim referenced above, then will be permitted to file a lawsuit once the claim is denied (which is what Huntington Beach will do). After the claim is denied, the family will have six months. So while California has a two-year statute of limitations in most personal injury claims, it is usually one year in cases involving public entities.

The Squirrell case is just a plain tragedy. By all accounts the boat operator was an excellent lifeguard, who, for just a moment, acted negligently.

Source: ocregister.com

Walton Law Firm represents personal injury victims throughout San Diego County in cases involving negligent conduct, including car accidents, pedestrian accidents, medical malpractice, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, and insurance disputes. Call (760) 607-1325 for a free consultation.

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Posted In: General Legal , Orange County Accident , Personal Injury

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August 5, 2009

Five Family Members Die in Mission Viejo Auto Accident

Early indications are that tire failure caused an SUV to skid off Interstate 5 yesterday and down an embankment before catching fire. The accident claim the life of Juan Antonio and Belinda Sandoval, their two daughters, ages 11 and 4, and a 6-year-old niece. The family was on their way from San Pedro to Legoland in Carlsbad.

According to witnesses, one of the SUV's tires blew out and Juan Antonio lost control, but police say skid marks would have to be evaluated before cause can be determined. Witnesses ran to the vehicle to try to help, but the vehicle was engulfed in flames and they couldn't get close.

This is a real tragedy. The L.A. Times described Juan Antonio as the manager of a Burger King restaurant who had been married to his wife for 12 years. The family lived in San Pedro, and was very close to his extended relatives.

Mission%20Viejo%20Crash.gif

Source: Los Angeles Times

The personal injury lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California who have been injured in automobile accidents, pedestrian accidents, motorcycle accidents, and all other injury-producing incidents. Call (866) 607-1325 for a free consultation.

Posted by Walton Law Firm | | Email This Post

Posted In: Auto Accidents , Orange County Accident , Wrongful Death

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July 10, 2009

Miracle Medicine Story: Recovering from a Major Spinal Cord Injury

There is a great story in yesterday's Orange County Register about the lone survivor of the car accident that killed Angel's pitcher Nick Adenhart. Jon Wilhite was a passenger in the car with Adenhart when the collision occurred, and was hit with such force that he suffered atlanto-occipital dislocation, better known as "internal decapitation."

Internal decapitation occurs when the skull literally separates from the spine, which kills 95% of its sufferers at the scene of the accident. Of the five percent who survive, half of those are rendered quadriplegic. Jon was one of the lucky ones.

"Jon is the first Orange County survivor of internal decapitation," said Dr. Nitin Bhatia, director of the Spine Center at UCI Medical Center.

When Dr. Bhatia arrived at the hospital to examine Jon, the x-ray revealed that his head was held on only by skin and muscle. What unfolded next is nothing short of a medical miracle, and now, only three months post-accident, Jon can walk and talk, and doctors expect him to make a near complete recovery.

To read the entire OC Register story click here.

Walton Law Firm LLP is a personal injury law firm that represents injury and wrongful death clients throughout San Diego and Orange County. Contingency fee arrangements available and consultations are always free. Please call toll free at (866) 607-1325.

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Posted In: Orange County Accident , Personal Injury , Spinal Cord Injury

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