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Month: July 2016

Car Runs Red Light – Plows Through Christmas Pageant – Several Dead

This a case that hits close to home. You see, I am not just a Los Angeles car accident lawyer. I am a resident of L.A. A deadly wreck took place less than a few streets down from my house in the South Bay. The story relates that a loser went ahead and plowed into a group of parents and children. These victims were lawfully in a crosswalk on PCH.

Thus, more and more, I see this sleepy bedroom community become like the rest of LA. While this is a case more reminiscent of the Farmers Market hit and run of Santa Monica, it is not what we would expect. At least, this is not reasonable for the small seaside community of South Redondo.

TV News and Helicopters

Wednesday, last night, I heard a helicopter flying around my house. My wife got irritated and switched on the news on the TV. So we were both shocked to see what happened. Seems like all the news stations were covering this tragic story. The wreck took place when a DUI woman allegedly ran a red light. As a result, she drove through a crowd of people leaving a Christmas pageant in Redondo Beach. Hence, one person died, and at least a dozen injured. Almost everyone living was in critical condition. As a result, some of the other victims died later.


The Facts of this Redondo Beach Accident are Disheartening

According to police the accident occurred at approximately, 8:00 p.m. The crash took place at Pacific Coast Highway (PCH) and Vincent Street. It was right in front of the St. James Parish near my old house on Emerald Street. The female driver was in a white vehicle. She was travelling north on the PCH.

  • So Far Three People Are Dead

Most noteworthy, several other pedestrians in the group were leaving the church. These duped victims were departing an elementary school Christmas pageant. Sadly, they suffered life threatening injuries. The victims were evacuated to various area hospitals. There was not enough room to treat everyone. So far, at least three people have succumbed to their injuries.

  • Several Decedents Were Elders

According to authorities one of the pedestrians who died was an 81-year-old woman. Also, another was a 87-year-old lady. So far, there has been no information released about the third victim. Redondo Beach Police Officer Lt. Joe Hoffman said the woman ran a red light. The facts show she ran the intersection of Vincent Street. She then struck a group of pedestrians. Lt. Hoffman stated at least two of the victims were children.

  • Redondo Beach Police Narrated the Wreck

Sgt. Shawn Freeman stated the woman continued driving and collided head-on with another vehicle. A third vehicle got in the malaise too. Sadly, one of the individuals had been thrown into the windshield of a passing SUV, Sgt. Freeman said. The woman’s arrest by Redondo Beach Police Department officers was swift. She booked on charges of felony DUI and vehicular manslaughter.

This criminal suspect was transported to an area hospital. Furthermore, it is unclear if he had been hurt. The Los Angeles Archdiocese issued a statement. He asked the community pray for the families involved in the tragedy.

Insurance Coverage Issues

Typically in cases like this involving a loser drunk, there is minimum insurance coverage. But often there is no liability insurance at all. Only law abiding citizens tend to obey the law. Thus, often the only chance at economic recovery is for the survivors to sue the government. Usually, this is for some substantially changed condition of the roadway. Sometimes victims can prevail on negligent maintenance issues.

So only time will tell. However, this is a day to remember in infamy. So this is not a happy time for the South Bay. Just the opposite is true. In conclusion, this is a reminder to stay off of PCH during holiday seasons when you are on foot. It’s just not worth it.

Other Useful Information:

Hit and Run Laws of California.

Los Angeles Hit and Runs Generally

Deadly Redondo Beach Hit and Run

5 Tips for Choosing an Injury Attorney

Client argument disagreement in office retired older man yelling at lawyer
Client argument disagreement in office retired older man yelling at lawyer

It is a nerve-wracking experience for people involved in any accident. But from the physical aspect, it is even worse for them. Apart from the pain and discomfort, the substantial financial facets will follow. None of this seems bearable if a person is emotional a wreck.

If you’re unable to work because of the harm, people must find a reliable lawyer. That is the professional who can help them get compensation. A legal expert like this will help with everything they have suffered.

This lawyer helps the victim obtain money for damages. This will include money for physical, mental and financial problems.

 

The Better Lawyers Usually Have a Specialty

Would you hire a battalion of U.S. Army Green Berets for an amphibious assault? No, you would use a U.S. Marine Air Ground Task Force or MAGTF. This is because a beach assault won’t need a “force multiplier.”

The Green Berets would provide a smaller force for a specific mission. Marines are born and bred for this beach assault mission. Like the military, we have different types of law missions. The legal profession has many kinds of legal council.

What is a General Practitioner?

General practitioners are lawyers referred to as a G.P. Clients seek these lawyers for cookie cutter cases. They are good at preparing legal forms for divorces, bankruptcy, wills, trust, etc. But the military doesn’t have an equal to this. Maybe a private that makes it through boot camp would be a GP. In the military, we have a Military Occupational Specialties or an M.O.S.

Something is positive with a skilled military pro. A professional trained for one mission. Be it a cook, an infantryman, or even supply. They all specialize in one task. Each one has the general skills of how to fire a rifle. But you would want an infantryman on the front line. Since this is their primary “specialty.”

In law, the G.P is helpful for cutting through the red tape. They are great at other issues that arise. So, these are great people to hire if dealing with government agencies. They are ideal for handling simple traffic infractions. As such, these officers of the court serve a valuable purpose. The problem with a general lawyer is he is a jack of all. But he’s master of none.

So this is a legal pro who knows a little about a lot. This legal beagle deals with a lot of the different areas of the law. These include substantive and procedural areas of law. But he or she doesn’t, as a rule, know enough to deal with a complicated case all the way through.

MCRD graduation day
MCRD graduation day

Cooks Don’t Specialize in Military Special Ops

So using the military example, yes, a cook can fire a rifle. But would you deploy a battalion of cooks to lay suppressing fire and flank enemies at an airport? Maybe you could if they were Marines. After all, Marines are all trained as infantry.

So they have the skill and muscle memory for this mission. But wouldn’t you rather put your money on an Army Ranger? A Battalion that does airport take down missions for a living may have the edge right? I think so.

Good PI Attorneys are The Special Ops of Law

As the name indicates, “personal injury lawyers,” who specialize in cases of bodily harm. So, these legal pros can help people to make different insurance claims. In fact, they have high skills in fighting insurers. This needed skill is great for victims to get paid back. The victim deserves their high-cost medical bills paid. It seems that a GP cannot handle all cases in court.

Most people realize the right of hiring a plaintiff’s attorney. Some will choose the right one. It is critical for people to hire a good lawyer. If they wish to make a strong case they must hold the at-fault party to account. If not, they could get stuck twisting in the wind.


Here are some guidelines that can aid in making the right decision:

  • Experience is the first key thing to look for in choosing a lawyer. A real experienced attorney must be selected. The legal pro will deal with complex documents quick and efficient. Along with other required paperwork related to the case.
  • The legal pro should be able to offer a guarantee for their services. These days it is the practice of legal counsel not to charge any money. They don’t charge clients at the conclusion if they aren’t able to win. These are the best legal pros because of risks involved in this matter.
  • One should also ensure that the attorney has a team of investigators. That is at their disposal to use at times. Cases have different aspects that have to have research completed. Since building a robust and solid case for the claims requires evidence.

Honesty and Skill are Key

  • Another quality is that the lawyer’s honest and objective. People expect quick settlements and a big payout. So, forthright lawyers won’t let clients make mistakes. This includes making hasty decisions in their case.
  • A skilled and expert attorney should also have a flexible approach. They should be able to deal with the liable party. So this should be done in a professional and friendly way. The legal council also need excellent negotiation skills. Also, this helps in dealing with the other party to get a fair settlement.

As long as these five qualities are present in a lawyer its good. They will be able to help the victim. For this reason, injured people making successful claims need legal experts. In addition, getting reimbursed for the damages and trauma means hiring excellent PI attorneys.

https://www.glofin.com/#!/choosing-a-personal Global Financial Credit

Carlsbad School Child Abuse Appeal Rejected

Sovereign Immunity Did Not Work for CUSD

In cases against the government, sovereign immunity makes the king or the “sovereign” immune. After the American Revolution, our people retained the English Common Law. Especially relevant were that exceptions were made for American Common Law matters.

Thus, where English Law conflicts with our interpretation of Natural Rights and Natural Law, it is ignored. Furthermore, writings about this tradition are in ancient texts, such as the Magna Charta.

The Revolution recognized the concept that the government is NOT above the law. Therefore, statutory schemes evolved to assure that public servants could not hide. No longer could a public servant cower behind sovereign immunity. Thus, if they engage in conduct that violates rights of individuals they are accountable. Thus, in California, the Tort Claims Act evolved to assist victims in being able to sue the government.

Only Six Months to Sue the School District?

As a result, these laws are outside the standard procedural and substantive rules. Therefore, these are not procedures you or I would use to sue each other. A victim has only six (6) months to bring a claim against a public servant. The same rules apply for suing a government agency from the date of the discovery of the damages or injury.

However, there are maxims of law and exceptions to these rules. One example is that when a potential defendant is in a superior position to the victims. The victim is lulled into a false sense of security. Therefore, parents took no actions within the prescribed period. A court can extend the statute. The agency sued can also grant a waiver.

No Waivers Were Granted

Absent a waiver, this robust defense. This argument is in answers, demurrers, or motions for summary adjudication. This defense is very solid on appeal and can be renewed anytime. Below is a recent example of this type of situation. The facts relate that the judges in a state appellate court case have ruled against a call by the CUSD. The school district argued two third-grader families missed the deadline for their claim. They said the application should occur within six months of the incident.

The Court Rejected Carlsbad’s Arguments

The appellate court dismissed the appeal that the claims were not valid. It upheld a $1.8 million dollar jury award against the school district. The suit was for failure to keep a sexual predator away from third-grade students. The school claimed it was late. Hearing the appeal, was the Fourth District Court of Appeal.

That court ruled the argument had no basis. Particularly pertinent is that they said district officials asked families to remain quiet. People in a heightened position of authority asked parents to keep quiet. They told parents to “sleep on their rights.” At least it appears the appellate court made a finding of fact in this regard.


The School Lulled Parents into a False Sense of Security?

Noteworthy here is that administrators told the children’s parents they should remain silent. So the school was not allowed about to benefit. The statute did not shield the molestation. They said they wanted to avoid jeopardizing the criminal investigation. They asserted this could hurt the prosecution of teacher Raymond Firth.

The judges additionally alluded to the fact district officials told parents to stay quiet. Thus, rather than sue, the parents relied upon the warnings of the school. The school asserted suing could affect the prosecution of Firth. Hence, the judge stated that was a “powerful influence on the parent’s actions.”

Therefore, this was a disappointment to Carlsbad District attorney Daniel Shinoff. Shinoff said no child should ever be the victim of a teacher. Consequently, the school district feels wrong for the incidents. Termination of Firth should have been a long time ago according to plaintiff’s lawyers. They say the school district did not provide adequate supervision.

There were many complaints about his behavior with other students. Los Angeles attorney David Ring represented the victims. He stated it took a long time to get justice. The events occurred in 2007. As a pleasing result, the children and parents can put this behind them.

In 2012 the civil court jury unanimously arrived at a verdict against Firth and the district. This case could have come to a conclusion with 9 out of the 12 jury members. Firth handles part of the $4.5 million dollar judgment.

The families said they do not expect the teacher will have the ability to pay. The appeals panel ordered the school district to pay for the families’ legal costs. Costs awards were separate from the jury award.

The Insurance Company Made the Decision to Appeal, not the School

Rick Grove is the Carlsbad Unified School assistant superintendent for personnel services. Because of legal issues, he was unable to comment much on the case. Most noteworthy is that most of the individuals involved in the case left the school district. He also stated he was unable to comment on the legal issues on appeal. Thus, Grove said the San Diego County Office of Education was paying most of the costs. It operates in joint power authority funding most legal fees by member districts.

A spokeswoman stated the decision to appeal wasn’t by the joint powers authority. It was by an insurance company. Firth age 44 was a third-grade teacher at Pacific Rim Elementary School. The teacher pleaded guilty to two counts of sexual battery as a result. Thus, in 2010 he went away for three years and eight months in prison after sentencing.

Firth is now free. Consequently, he must register as a lifetime sex offender. In conclusion, it seems “low-class” of the school to ask parents to back off till the criminal case was over. What is your opinion?

 

Ehline Law’s Participation in November M.A.D.D. Carlsbad “Walk”

Crashed car that killed the driver

As a result of deaths, Mothers Against Drunk Driving has been one of the country’s most stalwart organizations fighting against drinking and driving. MADD’s commitment by thousands of volunteers that did their part. They raised awareness, taking part in events, and using their influence to prevent drinkers from taking the wheel. Every event MADD puts on can save lives.

This year’s Walk Like MADD in Carlsbad took place on Saturday, November 7th at the Westfield Carlsbad. The timing was bittersweet, as it followed the fatal crash that killed two family members near Scripps Ranch, as reported by Fox 5. The alleged drunk driver faces up to 21 years of prison time.

Southern California personal injury and auto accident attorney Michael Ehline took part in this year’s march. We raised awareness of the immense suffering such reckless behavior can bring. The Carlsbad event featured an opening ceremony which released doves in remembrance of accident victims and survivors.

There was also a 5k walk which helped raise awareness of the effects of such accidents. Chick-fil-a generously donated food, and the walk was followed by a fundraiser to help the organization function. There was probably one of the most moving tribute exhibits as well. It was there honoring victims of DUI accidents.

“It was a great honor to take part,” Ehline said, “I hope that this will lead to a day when there is no drunk driving. I can always find a new line of work”

Bronze Sponsor of MADD

Personal Mission For Car Accident Attorney Ehline

Unfortunately, for Ehline, the walk was a personal one. Of particular interest, Ehline is a physically challenged former Marine. Thus he has seen the results of young Marines drinking under the influence personally.

Working with dozens of clients injured by drinking and driving is never easy. Finally, sometimes Michael works with families of a fallen victim. These are people killed due to such a crash. So he has seen the turmoil and emotional trauma repeatedly.

“We all have a role to play, and it can start here,” he said, tying up his shoes for the walk.

Additionally, the crowd was electric and helped lead the fight against drinking and driving. That’s something Michael Ehline won’t soon forget. We are sure you will want to join us next year.

Hence, for more information, please contact the Ehline Law Firm at (760) 517-9022. So reach out to Ehline on Yelp! Review the company for the “consumer experience” as an event sponsor. Feel free to do so here.

Self Driving Car Crash and Death

“This accident is the first of these resulting in the death of the driver. This was not in California this time.”

Self driving meter
The words Self-Driving on a vehicle speedometer to illustrate the rise of autonomous vehicles to increase safety and reduce accidents

In the never ending story of automation and cars, death now has appeared. It involved a Tesla self-driving technology vehicle. This automobile crash case is the first of these resulting in the passing of the driver. But this was not in California this time. But the weather conditions were similar to a sunny California day. The crash took place in May when the Tesla collided with a tractor trailer truck in Williston, Florida.

The facts are by the National Highway Traffic Safety Administration (NHTSA.) The events relate the collision happened when the 18-wheeler made a left turn in front of the automated vehicle. The crash was at an intersection. The intersection was a divided highway without traffic lights.

The Tesla Thought the White Trailer was the Sky?

The automated vehicle nor the driver acted in enough time to avoid the collision. This resulted in the driver sustaining fatal injuries. The car’s technology registered the white side of the trailer against the sky. It was was perpendicular to the Tesla Model S. Because of this misread; the auto technology system did not apply the brakes.

Tesla Appears to Blame the Driver

The NHTSA said a preliminary investigation got conducted. So this was done to determine if the automated vehicle technology worked correctly. The agency said this was the first known death. This comes after over 130,000 miles of driverless technology vehicles. Tesla appears to blame this on driver error.

Tesla stated before the autopilot can be used drivers are required to acknowledge the system’s auto assist feature. Using this feature, the driver must keep both hands on the wheel. Hands must be used at all times to maintain control.

The driver must be ready to take over at any time, and the autopilot does checks to ensure the driver’s hands are on the wheel. The system will alert the driver during a check if both hands are not on the steering wheel.

Using this feature, the driver must keep both hands on the wheel. Hands must be used at all times to maintain control. The driver must be ready to take over at any time, and the autopilot does checks to ensure the driver’s hands are on the wheel. The system alerts the driver during a check. It checks to see if both hands are not on the steering wheel.

The Driver Must Always Be Ready to Take the Wheel

The driver must be willing to take over at any time, and the autopilot does a check. Doing so ensures the driver’s hands are on the wheel. The system will alert the driver if both hands are not on the steering wheel. At the same time, the vehicle will slow until the driver does place both hands on the wheel. The automaker said the automated system is not perfect. They said it requires driver assistance, though the technology is getting better.

The Tesla’s windshield hit the trailer of the truck during the collision. The driver was a former Navy Seal Joshua D. Brown, age 40 of Canton, Ohio. God rest his soul. Hooyah!

Sources:

http://www.pbs.org/newshour/rundown/driver-killed-in-self-driving-car-accident-for-first-time/

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Ehline Law Firm
Personal Injury Attorneys, APLC

633 W 5th St #2890
Los Angeles, CA 90071

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