12-Year-Old Child Killed in Rollover Crash on Highway 101 Near Buellton
September 11, 2017
A 12-year-old girl from Encino was killed and several other people were injured late Sunday in a rollover crash on Highway 101 near Buellton.
A Lincoln Navigator carrying seven people overturned at about 11 p.m. and came to rest in the center divider, according to California Highway Patrol.
The vehicle, driven by Erasmo Vargas, 35, of Encino, was traveling at 75 mph when the man lost control as the Lincoln Navigator went off the paved road and into the grassy median where it overturned.
A girl who was ejected from the vehicle was declared dead at the scene, according to Mike Eliason, spokesman for the Santa Barbara County Fire Department.
In addition to the driver, the vehicle had one other adult, Alma Rosa Vargas, 37, of Encino, who had minor injuries.
Four additional youths, ranging from ages 2 to 7, in the vehicle were not injured, the CHP said.
The girl ejected from the vehicle reportedly was not wearing her seat belt, according to CHP officers.
The name of the girl who died will not be released until family members have been notified, the CHP added.
Heavy rain was falling in the area at the time of the wreck, the CHP said.
Several other crashes were reported in the area at about the same time, but they were all noninjury incidents, Eliason said.
One lane of Highway 101 was closed for an hour due to the fatal crash, the CHP said.
Alcohol and drugs were not factors in the crash, the CHP added.
If you have been injured or lost a loved one due to someone’s wrongful conduct or negligence in California, you may have a right to a wrongful death claim against the negligent party. James McKiernan Lawyers encourages anyone who may find him or herself in such a difficult situation to contact an experienced Central Coast Personal Injury Attorney at 1-800-200-HURT (4878) for a free case evaluation. We only get paid if you get paid. Our offices are conveniently located throughout California.
At James McKiernan Lawyers, We work tirelessly to deliver accurate news about the California accidents that impact our readers and clients most. Although our goal is to keep people as informed as possible, we’d like to note the information we aggregate is obtained from a wide variety of nonaffiliated secondary sources. These include but are not limited to: Law enforcement agencies, press release, News articles, and websites.
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Labor Day Weekend Safety Tips
Labor Day weekend can be a fun way to celebrate the end of summer. One last road trip, camping adventure or just fun in the city is how many Californians welcome in the fall. While Californians set out for some serious fun, it’s important to think about ways to stay safe.
Often times over Labor Day, drivers forget to be careful on the roads. This carelessness can result in personal injury. Always make sure you avoid drunk driving and use a designated driver whenever you head out for a night on the town. Even if drivers around you aren’t being careful, drive defensively.
Read and Follow the Directions
While it’s not always a lot fun, it helps you read the directions if you’re trying a new activity on Labor Day weekend. Before you fire up the new grill, try out that new jet ski or drive your friend’s four-wheeler, take the time to learn about what you’re doing and how to stay safe. If it’s appropriate to wear a helmet, you should both wear a helmet and make sure that the helmet you choose is certified for what you’re doing. If you have any questions or you’re not comfortable with the activity, make sure that you take the time to learn before you begin.
Too many Labor Day weekend tragedies happen around bodies of water. It can happen when adults leave children unattended. Tragedy can strike when adults look away for even a short period of time. It’s important to make sure that children have appropriate supervision, rules and life jackets when they’re playing in the water.
Look for Problems
If you head to a public pool or park, it’s a good idea to look for routine maintenance issues. Too often, the people in charge of keeping these places safe don’t do basic things like clear debris. Officials should keep facilities from becoming overcrowded. Even things like a chemical error in a pool can cause personal injury. Checking for obvious errors before you join in the fun can help you prevent a personal injury on Labor Day weekend.
James Mckiernan Lawyers is a personal injury law firm that represents plaintiffs in and around San Luis Obispo.
Is There a Rise in Personal Injuries in the Spring
Is there a rise in personal injuries in the spring? As flowers begin to bloom and sunny skies prevail, outdoor enthusiasts embark on their favorite time of year. The weather lends itself to more activity but with that comes the potential for more personal injury accidents.
Because of that accelerated increase in activity, personal injuries often rise in the spring. The warm weather gets people leaning more toward outdoor activities as opposed to sticking inside watching television or reading.
Perhaps it’s time to clean gutters or do chores around the yard. People are also more apt to be involved in springtime sports. Perhaps a competitive spring personality will opt for a softball, baseball, soccer or flag football league.
Spring also lends itself to other activities like riding bicycles, motorcycles or hiking. All of these outdoor activities could potentially lead to more personal injuries in the spring.
Neck, back, ankle, knee and other catastrophic injuries are some of the potential events possible in warmer spring time weather. Outdoor physical activity can be brutal at times especially without preventative measures. Protective gear for bikes is one example of a way to avoid such personal injuries. A helmet is always a good idea for any bicycle or motorcycle. It can cut down on the full extent of any personal injury should an accident occur.
When riding a bicycle or motorcycle, it’s also good to be extra cautious because drivers may not be paying attention. Drivers also aren’t ready for the heavy influx of new bicycle and motorcycle riders due to the warm weather. That means the number of accidents could be significantly higher in Spring weather. Awareness of bicycle and motorcycle riders is an ongoing issue across the United States and even in San Luis Obispo, California. Motorcycle drivers have to almost be proactive to the extent of making automobile drivers aware of their existence at all times.
For hikers, building up momentum to take the longer and more difficult trails and terrain might be wise initially. This could prevent muscle tears, knee, and back injuries for those trying to push too hard too fast.
Having someone hold the ladder is an obvious protective measure for climbing up to clean the gutters for the first time during the spring.
Too much golf could also lead to some lower back pain or perhaps even a ruptured disc. Perhaps the best prevention is to ease back into the sport with a few light rounds.
During the winter months, people may get cabin fever and simply push their bodies too hard once spring time arrives. Personal Injuries in the spring often result because of that anxiousness to go too fast too soon.
The most important tip is to be careful and use caution as spring starts. It’s just the beginning of the great weather.
James McKiernan Lawyers is a personal injury law firm that can help with personal injury claims if negligence is involved.
What are the Similarities and Differences between Wrongful Death and Personal Injury Lawsuits?
What are the Similarities and Differences between Wrongful Death and Personal Injury Lawsuits?
Whether dealing with a personal injury or wrongful death, our Paso Robles wrongful death attorneys can review the unique factors of your case and work to maximize your recovery.
Both types of cases require proving that the defendant was responsible for causing damages, usually based on either negligence or strict liability law. In a wrongful death case, there are two California statutes that apply and they involve two different types of lawsuits. California Code of Civil Procedure 377.30-377.35 allows a survival action where the representative of the estate can pursue legal actions for recovery that the deceased person could have pursued, had the person lived. In this respect, the survival action is similar to a personal injury case where you can recover economic losses such as medical bills or punitive damages if the conduct causing injury and death was particularly egregious. Under the Californiawrongful death statutes 377.60 ― 377.62, every family member entitled by law to recover damages files their own claim separately. In addition to spouses, children, siblings and grandparents, putative spouses and their children also have rights to recovery. A putative spouse is one who believed in good faith that the marriage was valid even though it was not (for example, bigamy). In addition, children under the age of 18 who lived with deceased persons for more than 180 days and depended on them for more than half of their survival needs also have a right to recovery, whether related or not.
Paso Robles personal injury lawyers can help you determine your rights to pursue a wrongful death or survival action.
James McKiernan Lawyers offers a free consultation to discuss your case and you owe no fees unless we are successful.
How Does California Negligence Law Affect Recovering Damages?
When you suffer injury because of someone else’s negligence, you generally have the right to recover compensation for damages. Santa Maria personal injury attorneys can review the factors surrounding your injury and devise a strategy to prove negligence and maximize your recovery.
The Supreme Court case ruling that changed how Californiacourts view negligence was Li v. Yellow Cab Co. In this case both the plaintiff and the defendant contributed to causing the accident. Prior to this case, California courts did not allow parties whose negligence contributed to an accident to recover damages. Yet in this case, the Supreme Court set a new precedent by deciding that the plaintiff had the right to compensation. Even so, the court reduced the amount of damages the plaintiff could recover based on her percentage of fault. In the legal world, lawyers refer to this type of negligence law as pure comparative negligence. Even if a plaintiff is 99 percent at fault, they still have the right to recover one percent of damages. The main factor involved in a negligence case is proving the other party was negligent and presenting their actions in such a light that the court assigns the party a significant percentage of fault. Under California Civil Code §1714, anyone lacking ordinary care or skill who causes someone else injury is responsible for damages.
California accident litigators can protect your rights in an accident injury case by thoroughly investigating how the accident occurred and by working diligently to gather evidence and interview witnesses.
James McKiernan Lawyers has established a reputation for being successful in accident cases. James McKiernan is a member of the Million Dollars Advocate Forum, a selective group of lawyers who have obtained million dollar verdicts on behalf of their clients.
What are Some Common Types of Catastrophic Injuries?
Santa Maria catastrophic injury lawyers work with families whose loved ones suffer serious injury because of someone else’s wrongdoing or negligence. When others are at fault,California law allows injury victims to recover compensation to deal with medical costs and other expenses related to the injury.
An injury rises to the level of catastrophic when it permanently prevents the individual from doing any gainful work. Some common severe injuries that fall into the catastrophic injury category include:
- Traumatic brain injury. According to the Family Caregiver Alliance (FCA), every year about 300,000 people who suffer from traumatic brain injury (TBI) require hospitalization and 99,000 experience permanent disability.
- Spinal cord injury. The Foundation for Spinal Cord Injury Prevention, Care & Cure reports that there are approximately 12,000 new SCI cases every year. The number of individuals living with SCI in 2008 was about 259,000 persons.
- Amputation. TheNationalLimbLossInformationCenter indicated that approximately one out of every 200 people in theUnited States experiences amputation, totaling an estimated 1.7 million people with limb loss. Males are at a higher risk for amputations than women and amputations can occur as a result of accidents that cause serious injury, infection or disease.
- Extensive or deep burns. The American Burn Association reports that approximately 3,000 burn deaths occur every year from residential fires and 500 occur from causes such as occupational hazards, traffic accidents and other reasons. Overall, medical practitioners treat around 450,000 burn injuries a year.
Santa Maria injury attorneys can investigate the circumstances of your loved one’s or your catastrophic injury and determine the prospects of recovering compensation.
James McKiernan Lawyers provides excellent representation and has a successful track record for obtaining fair compensation for clients.
How Do Seatbelts and Airbags Save Lives?
Sometimes knowing about statistics can bring home the reality of how important safety precautions are. We all have heard that seat belts and airbags save lives. But to what extent is this true? San Luis Obispo auto accident lawyers can tell you that while following safety precautions reduces the likelihood of injury in an accident, they also serve another advantage. They frequently influence the court or insurance company’s decision to assign you a lesser percentage of fault for injury.
The National Highway Traffic Safety Administration (NHTSA) tracks statistics and evaluates safety measures every year. One of its statistics is estimating how many lives seatbelts and airbags save along with how many lives they could have saved, had people used them. The value in calculating these estimates is that it allows NHTSA to determine the effectiveness of safety devices and laws that enforce their use. NHTSA estimated the following statistics for 2007:
- Seat belts saved the lives of 15,147 people from ages five and older
- Frontal air bags saved 2,788 lives of people age 13 and older
- If people used seat belts 100 percent of the time, they would have saved an additional 5,024 lives
NHTSA also estimates that risks of injury and death reduce by 50 percent when people wear seat belts. The combined use of seat belts and air bags offer adults the greatest protection, but you should use both and not substitute an airbag for a seat belt.
If you or a loved one suffers serious injury in an auto accident, you can discuss your accident with a personal injury attorney in San Luis Obispo free of charge and find out about your rights to recovering compensation.
For more than 30 years, James McKiernan Lawyers has protected people’s rights in auto accident cases and helped them recover damages.