If you can’t work because you’ve been injured in a car wreck caused by someone else, you are entitled to recover lost wages from that driver’s car insurance company. However there will be limits on how much money you can recover for lost wages due to the accident.
If the driver who hit you does not have sufficiently high limits to recover all your medical expenses plus the wages you lost from missing work, you can put in a claim on your own auto coverage for the balance. This would be done under your coverage for an “underinsured motorist.” If you reside in what’s termed a “no-fault state (California is NOT a no-fault state)” your lost wages can be paid by your PIP coverage up to whatever limit is specified on your policy.
When some other driver totals your automobile to the point where it cannot be repaired, that driver’s insurance company is supposed to pay you an amount equal to your car’s actual cash value prior to the wreck. The industry defines “actual cash value” as the “replacement cost” of the car minus the “depreciation” on the car. Replacement cost is how much it would cost to replace your car with one that’s similar. Depreciation would be how much your car has gone down in value over time.
The insurance company should also cover the sales tax on the car that you bought with your insurance settlement money.
It is possible that the other driver’s insurance company will tell you to have your own insurance company pay for the repairs, claiming they have no reason to believe their policyholder was at fault. If you decide to fight the other driver's insurer on your own you'll need a lawyer — especially if you've been seriously injured.
The automobile accident attorneys at O’Connor, Runckel & O’Malley are well known and respected throughout the legal community and among our clients. From our offices in Contra Contra Costa County, San Francisco and Sacramento, we serve clients throughout Northern California. Our experience and expertise are available to you.
Published on behalf of O’Connor, Runckel & O’Malley LLP
EL CERRITO, CA — A section of San Pablo Avenue was closed temporarily on Sunday evening as a result of a multi-vehicle accident that resulted in severe injuries to a passenger.
Police officers closed down a section of San Pablo Avenue between Waldo and Burlingame Avenues when responding to reports of a vehicle hitting a pedestrian. When law enforcement arrived on the scene, they found the man lying in the middle of the street going southbound on San Pablo Avenue, with three vehicles on the northbound side of the street.
Officers eventually determined that the man lying there had been ejected from one of those three vehicles. He was taken by emergency helicopter to a nearby trauma center and was said to be in critical condition with multiple broken bones. Sgt. Jose Delatorre with the El Cerrito Police Department reported that he is expected to pull through.
After talking to the driver whose vehicle the man was ejected from, police suspected he had been drinking. They did a DUI investigation, which resulted in the arrest of the 20-year-old San Pablo man.
According to someone who witnessed the accident, the young man who’d been ejected was sitting on the roof of the car with his legs “dangling down through the moon roof” while the driver was wildly swerving the car from one side to the other and back, causing the passenger to suddenly fly off the roof, landing in a crumpled heap on the street. At that point, the car quickly spun around, crashing into another vehicle, which was a minivan according to the El Cerrito Fire Department.
“Seeing this was horrible,” said Scott Hacker, a witness from El Cerrito.
The minivan that was crashed into then slammed into another minivan on the road.
If you or a family member has been injured in a motor vehicle accident in El Cerrito, CA due to negligence and need to speak to an experienced El Cerrito auto accident lawyer, please contact us. We will answer your questions; discuss your situation and how we can be of help in protecting your legal rights.
The auto accident lawyers at O’Connor, Runckel & O’Malley have many years of experience successfully representing clients who have been the victims of auto accidents. We are very well respected in the Northern California legal circles and have offices in San Francisco, Sacramento and Contra Costa County. Our expertise in this area of the law can be put to work on your case. Please give us a call today.
Oakland City officials had many reasons to visit the Ghost Ship in the years prior to the fire that took the lives of 36 people inside the building. They were there to investigate 10 complaints of code violations, among others, according to detailed records released by the City on Wednesday.
Despite growing evidence that someone had converted the warehouse into an unlawful residence and entertainment venue, the City chose to turn a blind eye and never took any action to shutter the Ghost Ship, records reveal. A number of complaints had been submitted to the City claiming that the conditions inside the building were not safe. People had reported mounds of trash piling up and faulty wiring.
Media outlets, including The Times, requested the release of these records amid mounting criticism of Oakland’s apparent lax enforcement of codes at the Ghost Ship as well as other warehouses that have been converted into illegal residences across the city.
On December 2, 2016 the Ghost Ship was hosting a concert when the warehouse caught fire, trapping everyone in attendance and scores of other people.
In looking at the records, the fact that illegal concerts were being held there should not have come as any surprise to City officials.
Oakland police responded to a call in March 2015 that an illegal rave was going on at the Ghost Ship where drugs and alcohol were being sold. The report reveals that the police officer who responded claimed he did not issue any citations or even enter the building. Later on that same night police were called back to the scene after getting a complaint that “several people inside his warehouse were refusing to leave the premises.”
Police just stood by waiting while everyone who was not supposed to be there left, according to the heavily redacted report.
The records reveal the content of a 911 call describing the same 2015 event, which was taken by the California Highway Patrol. The caller related “as many as 15 people were barricaded inside the building,” adding “the owners are preventing people from leaving.” The caller went on to say that they heard what seemed like a Taser being used and people being threatened.
Family members of some of the victims as well as certain Oakland officials said that the records offer clear evidence that the city failed in its oversight duties.
South San Francisco resident, David Gregory, whose daughter Michela was killed in the fire said, “I’m outraged, absolutely outraged that the city did nothing all these years, which made this tragedy inevitable. They allowed it to occur. Just put yourself in my place. What if your 20-year-old son or daughter, or your niece or another loved one was there? The more you find out about what happened, the more you’re convinced that this should never have been allowed to happen.”
Noel Gallo, Oakland City Councilman whose district includes the section where the Ghost Ship was located, admitted that the documents point out where City Hall failed to respond properly to many longstanding complaints in the neighborhood about the warehouse.
“The merchants and neighbors who have been residing in the area are certainly aware of all the issues, but the City would not accept responsibility, they did not want the liability,” Gallo said on Wednesday, “What was known about the warehouse went far beyond just one city department. There weren’t just one or two times that people called in to complain.”
The City had been investigating a report of illegal housing there only two weeks before the tragedy. A code inspector was dispatched to the scene, but he said he couldn’t get into the property or even “see whether there was an illegal building from outside on the sidewalk.”
City files show that the owner of the building, Chor N. Ng, was cited for the condition of the front yard and sidewalk.
Apparently City inspectors did not bother to assess the conditions inside the building until after the fire, according to records. Several weeks after the bodies had been removed from the warehouses’ burned husk by coroner’s officials, code enforcement inspectors went back and issued several new citations against building owner Ng.
On December 22nd Ng was told she needed to remove the debris and repair the walls, ceiling and roof. For the very first time, she was cited for “unapproved alterations” she had made throughout the building.
“There are bedrooms created throughout the second floor and also a kitchen,” the code inspector wrote. “There are makeshift paint booths being used as toilet stalls, new partitions built for walls etc.,” he wrote.
He also reported “unsafe and exposed” wiring, electrical panels, and fixtures for which he faulted the building, according to records.
Although all the records were requested by the Media, Oakland officials only released some, saying that the others were being withheld due to the pending criminal investigation of the fire, which was among the worst in California’s modern history. The December 2nd fire happened during an unlawful concert. Many of the records that were release are heavily redacted.
The Ghost Ship and the vacant lot next door have been subjected to 10 code enforcement complaints plus 39 code enforcement inspections going back to 2004, according to City records. Inspectors from the fire department had also paid visits to the building 16 times going back to 1999, with the most recent visits in 2016.
Although City code inspectors never ventured into the warehouse, they did speak to the “tenant” once in 2014 when they went out in an attempt to get Ng and her daughter to have discarded pallets, furniture and debris removed from the sidewalk out front, as it was piling up and blocking pedestrians.
In February 2015, the City did receive an explicit complaint saying that the building had been turned into an illegal residence, according to police records. There is a transcript of a 911 call reporting a man with a shotgun was hiding somewhere near the warehouse. The caller went on to describe the Ghost Ship as “a warehouse that has been turned into an illegal shared housing facility.”
Former tenant, Shelly Mack who had a dispute with the landlord, Derick Ion Almena, claims she was the one who made that 911 call. Mack claimed in an interview that a police officer went inside the building at that time and saw the deplorable conditions in the warehouse, although that is not confirmed in the reports that were released on Wednesday.
“He came right inside and he looked around and saw everything,” she said. “The officer that came and escorted me and my son when we moved out of the warehouse a week or so later came inside too. He saw and was told everything. Whenever authorities were called to the building, they usually came inside.”
Mack openly criticized the Oakland police for not doing more.
“The police are on the front lines everyday,” she said. “Why would they not connect all these dots? There were millions of dots.”
Mayor Libby Schaaf, in releasing the reports, said that she hoped the information would help answer all the questions residents have asked about the City’s oversight and actions.
“I realize that the Media and many others have felt frustrated by how long it has taken to gather these documents from all the different departments. We wanted to cast a wide net so that all relevant information was seen. We must take a thorough look at not only the warehouse, but the adjacent properties as well,” she stated. “Transparency is a must. Our community has been severely impacted by this incident and deserves to know everything there is to know about this tragic event.”
If you have lost a loved one in an accident caused by another, you may be eligible to seek a remedy and payment. Protect your rights, contact an experienced wrongful death lawyer. The wrongful death attorneys at O’Connor, Runckel & O’Malley are well known and respected throughout the legal community and among our clients.
RICHMOND, CA – A female passenger in a vehicle that crashed while exiting the I-80 off-ramp passed away Sunday morning as a result of her injuries. The driver was arrested and is being held on suspicion of driving while under the influence, according to a spokesperson for the California Highway Patrol. CHP Officers arrived on the scene of the accident at 11:30 p.m., which was in close proximity to the Cutting Blvd. off-ramp from Highway 80 westbound. Officers responding came upon an overturned 2003 Lexus sedan.
The passenger, whose name is not being released at this time, was fully ejected from the vehicle, according to Officer Sean Wilkenfield of the CHP. An ambulance rushed her to the hospital, where she ultimately died as a result of her injuries.
Accident investigators concluded that she had not been wearing a seatbelt when the crash occurred, Wilkenfeld said.
Twenty-one year old Lexus Taylor, the driver, was also taken to the hospital after suffering major injuries in the accident, where officers determined that she was drunk. Taylor was put under arrest, but remains hospitalized in stable condition.
Vehicular manslaughter occurs when an individual recklessly causes the death of another person through the use of any type of motor vehicle. If you or a family member has been victimized by motor vehicle negligence and need to consult with an auto accident attorney located in the Bay Area, please reach out to us. We are available to answer any questions you have, advise you of your legal rights and how best to protect them. We at O'Connor, Runckel & O'Malley have more than 50 years of experience handling the litigation and going to trial representing victims of auto accidents. We have the right expertise along with a proven track record of prevailing in auto accident and wrongful death cases.
The San Francisco Department of Public Health is reporting that half of all injuries being treated by staff at SF General Hospital resulted from traffic collisions. The surprising report, which was picked up by The Examiner, covers the years 2012, 2013 and 2014 and said that the cost of treating those injuries totaled approximately $30.5 million each year.
Of patients observed, which were more than 4,000; treating the injuries of pedestrians took up 44% of the annual expenditures. Next were motorists, either drivers or passengers, who used up 22%, followed by motorcycle riders at 18%, and then cyclists who required 16%.
Nicole Ferrara, executive director of Walk SF, an advocacy group for pedestrians, said that the results from the DPH study did not sit well with them, saying "The fact that all other causes for injury including cuts/pierces, falls, assault, and firearms are greatly diminished when compared to injuries from traffic-related crashes is astonishing."
This report brings more attention to Vision Zero and its effort to lower traffic fatalities in San Francisco city streets down to zero by the year 2024. By just focusing on how many traffic-related fatalities there are, rather than looking at the total number of injuries, it is far too easy to avoid recognizing the true scale of the dangers faced by people trying to navigate the streets of San Francisco.
"This report shines a light on how pervasive traffic crashes are in our society and how urgent the need is to invest in tried-and-true strategies for preventing collisions," Ferrara told a reporter for The Examiner.
According to statistics provided by the city, approximately 30 people are killed and 200 sustain "serious injuries" each year on the streets of San Francisco. The chart below reveals that in the 2016 fiscal year, those numbers have tragically been surpassed.
If you or a loved one has been the victim of motor vehicle negligence and would like to speak with a Bay Area auto accident attorney, please contact us. We are here to answer your questions and discuss how to protect your legal rights.
The Automobile Accident Attorneys at O’Connor, Runckel & O’Malley are well known and respected throughout the legal community and among our clients. From our offices in Contra Contra Costa County, San Francisco and Sacramento, we serve clients throughout Northern California. Our experience and expertise are available to you.
Lane splitting while riding a motorcycle is legal in California as long as it’s done safely. Lane splitting is also known as lane sharing, white-lining or filtering and refers to the practice of a motorcyclist weaving between the lanes of slower moving or stopped traffic or riding between lanes to get to the front of the traffic stopped at a light.
Experienced motorcyclists who want to practice lane splitting should abide by the following safety guidelines:
1. Never travel at more than 10 mph faster than the speed of the other traffic on the road. The faster you go, the more dangerous it is.
If you’re a competent motorcyclist travelling at no more than 10 mph faster than other vehicles on the road, you will have enough time to spot and safely react to the most dangerous driving situations you’re likely to face.
The faster you’re going over other traffic, the less time you have to spot and react to danger.
2. When the traffic is going 30 mph or faster, it really is not safe to lane split. As speed increases, so does the danger.
When going only 20 mph, in the 1 to 2 seconds it would take you to spot a hazard, you will travel another 30 to 60 ft. before being able to start any evasive maneuvers. To actually break or swerve will take more time and distance.
The distance it takes to put on the breaks and stop varies quite and depends on a number of factors including, the rider, the type of motorcycle and the environment.
The faster you’re going, the more severe the crash is.
3. It is usually safer to confine your lane splitting to just the #1 and #2 lanes and avoid doing it between the other lanes of traffic.
Others using the road are more used to motorcyclists splitting between the lanes the furthest lanes to the left, which are the #1 and #2 lanes.
To be safe you should avoid splitting between lanes near freeway exits and on-ramps.
When you notice another motorcyclist splitting lanes near you, avoid splitting because cars may allow more room for them and in doing so, accidently not leave enough room for you to split between lanes.
4. Before splitting, take in your entire environment, the width of each lane, what size the vehicles are surrounding you, the conditions on the road, the weather and if lighting is likely.
Many roads have lanes that are so narrow that there just isn’t enough room to safely split between lanes. If your motorcycle won’t easily fit through, don’t split.
Vehicles on the road these days seem to be getting wider. It is not safe to split near large trucks. If you can’t easily fit by, then avoid splitting.
Know your motorcycle’s limitations. If it has wide bars it would require more space, as would fairing and bags. If your motorcycle is just too wide to easily split, then don’t try it.
If you’re on an unfamiliar road, it’s best to avoid splitting since you might run into unsafe road surfaces or other unexpected surprises.
Wide or uneven seams in the concrete or pavement between lanes pose a hazard.
Impaired visibility, due to the weather or from darkness, makes it harder for riders to spot hazards in the road and for drivers to see motorcyclists.
Drivers can see you better if you wear brightly colored clothing and protective gear. If you use your high beams in daylight it makes it easier for drivers to spot you.
5. Stay alert and expect the unexpected. Anticipate that other road users will change lanes and/or make other quick movements.
Be aware of what all the cars are doing around you. If a gap or space opens up in the lane next to you, be ready to react accordingly.
Be ready to take evasive action when a car changes lanes.
Make up for distracted or inattentive drivers by being overly vigilant.
Do not weave in and out of lanes or ride directly on top of a lane line.
Avoid lingering in someone’s blind spot.
Never ride your motorcycle while impaired, whether by fatigue, drugs or alcohol.
Continually scan your environment for possible changes.
The 4 Rs or Rules of Lane Splitting:
Be Reasonable, Responsible, Respectful and aware of the Roadway and traffic conditions.
Be Reasonable – Never ride more than 10 mph faster than the flow of traffic and never more than 39 mph.
Be Responsible – You are the one responsible for your safety and the decisions you make. Do not put yourself in harms way by avoiding dangerous situations. If you can’t fit between the lanes, don’t split.
Be Respectful – Understand that you must share the road too, that this goes both ways. Loud pipes will not necessarily keep you safe and often startle others. Loud pipes can cause drivers to have a negative view of motorcyclists. Other vehicles on the road have no requirement to make space for a motorcyclist trying to lane split.
Roadways can be hazardous – Traffic on the road is always unpredictable. The pavement can be uneven, drivers get distracted, there are wide trucks to deal with, the weather can change in an instant, the road can dip and curve in unexpected ways, etc. Be careful on the roadway.
When NOT to Lane Split
If you won’t fit
When lining up at a toll booth
When traffic is unpredictable or moving too quickly
If the road conditions are dangerous: road under construction, grit or water making the road slippery, metal grates, uneven pavement, etc.
If an SUV or van is blocking your view or you otherwise can’t see where you’re going clearly
Between wide vehicles like buses, trucks and RVs
When going through or around curves
When tired or not totally sure of your surroundings
If you’re not able to instantly react under changing conditions
When you aren’t feeling comfortable about the situation
Safety Tips for Those Driving Other Vehicles
Motorcyclists are legally allowed to lane split in California if done prudently and safely.
It is not right for a motorist to discourage or prevent a motorcyclist from lane splitting. For a motorist to intentionally impede or block a motorcyclist in a manner that could be harmful to the rider is against the law (CVC 22400).
Opening your car door to block a motorcycle is against the law (CVC 22517).
Do not get behind the wheel when distracted.
Check your mirrors and blind spots before turning or changing lanes
Use your turn signal before merging into traffic or changing lanes
Allow yourself more following distance, perhaps 3 to 4 seconds, when driving behind a motorcycle so it has ample time to maneuver or even stop if necessary.
These guidelines are designed to keep you safer, but there is no guarantee that they will keep you totally safe because riding a motorcycle can be dangerous in the best of circumstances. Inexperienced riders should never lane split. These guidelines are meant for people with a great deal of riding experience and who are very competent riders.
The recommendations provided in these general guidelines do not cover all possible scenarios on the road, as there are too many combinations of variables and situations to imagine.
Every rider is personally responsible for their own decisions with regard to their safety. Riders should at all times, consciously try to reduce their risk of crashing. California law requires that all motorcyclists and their passengers wear a DOT FMVSS 218 compliant helmet.
Motorcycle riders who lane split are responsible for obeying all traffic laws; otherwise they risk getting a ticket. Regarding any law enforcement action, it is up to the Law Enforcement Officer to decide whether lane splitting is or was being done safely and prudently.
To a motorcycle accident attorney the injuries that can result from motorcycle accidents are routinely catastrophic; including, brain and spinal cord injuries; fractures; abrasions; internal and soft tissue injuries; and severe burn injuries.
If you or a loved one has been injured in a motorcycle accident and would like to speak with an attorney, please contact us.
Oakland, CA – On December 2, 2016 at around 11:20 p.m. the Ghost Ship warehouse in the Fruitvale community of Oakland, California became engulfed in flames. The Ghost Ship had been illegally converted into residential units, ultimately becoming a well-known artist collective. At the time the fire broke out there was an unpermitted concert being held by 100% Silk, a popular record label.
Tragically, 36 people lost their lives in the fire, which was the deadliest ever in the city of Oakland. In fact, it was the deadliest commercial building fire in the U.S. since the nightclub fire at The Station in 2003, the deadliest fire in California since the San Francisco earthquake in 1906 and the deadliest event in Oakland since the Loma Prieta earthquake in 1989.
Concertgoers desperate to escape the fire were slowed down due to a very narrow staircase, a difficult path impeded by an array of large objects and furniture.
The concert was being held in a space frequently occupied by underground musicians. At the time of the fire, the crowd was enjoying a performance by electronic musicians.
Survivors described suddenly being engulfed in a blast of heat and smoke and crawling to the only way out, which was a narrow makeshift staircase located near the dance floor.
Derick Almena, the leaseholder of the warehouse, who rented units out to others, lived in the area with his family, a wife and three kids. They happened to be staying at a hotel that night.
According to resident Carmen Brito, the front stairway was only a ramp in certain places, with two very sharp turns onto two small landings, with one she described as being a large pallet.
The Ghost Ship did have a back staircase, but no one knows if anyone used it when fleeing. If it had been used, the people wouldn’t have been anywhere near an exit.
Ms. Brito said she saw the fire starting near her loft. Fire investigators believe the fire started in the back of the warehouse.
The real question is why more people weren’t able to escape. Omar Vega, who owns the auto shop next door, said that the residents themselves built the front stairway. He said there used to be a conveyor belt in that spot when the building was actually a functioning warehouse.
No Direct Path From Stairway to Exit
People rushing down the front stairway would have found themselves in the communal living room of the warehouse, an area with no direct path to get out the front door.
To get to the front door one would have to take two sharp left turns and a right around three pianos before seeing the door and finding safety on the street.
Survivors said they were confused crawling on the floor trying to escape the thick smoke, while looking for the door. Fortunately, someone kept shouting the location of the door, which helped to save a lot of lives.
Ms. Brito described the path from the staircase to safety as being a maze. “I myself got lost the first time I tried to find my way to the door,” she said.
There were only a few interior walls in the building. Sleeping lofts and working areas were partitioned off with window sashes, furniture and pallets that one visitor described as forming a “tinderbox.”
Pianos and organs were placed all over the warehouse. Ms. Brito described how hard it was for someone who wasn’t familiar with the Ghost Ship to find the exit, even in the best of conditions. Survivors who spoke to reporters described how hard it was to navigate the twists and turns of just getting to the stairs, the difficulty getting down them and finding a way out.
A property owner can be held liable (legally responsible) for accidents, injuries and deaths that befall a tenant or visitor to his or her property if it is proved that negligence on the owner’s part caused the accident, injury or death.
We at O’Connor, Runckel & O’Malley have more than 50 years of experience handling all forms of litigation. We have an outstanding record of success representing our clients. If you or someone you love has suffered injury or death due to premises liability and would like to consult with an experienced premises liability attorney in the Bay Area, please contact us. We would be happy to discuss your case, answer your questions, and explain your legal rights and how you can protect them.
A spinal cord injury can be devastating, both physically and emotionally. But few people ever talk about the financial devastation that can result from such an injury. If you have a spinal cord injury due to someone else’s negligence, you must ensure that the compensation you’re seeking is enough to pay for the best possible treatment throughout your recovery. But, you’ll also need compensation to cover your loss of income, pain and suffering and a lifetime of medical expenses associated with your injury. Do not make the mistake of trusting an insurance adjuster to figure out how much you should be compensated. You need a top-notch personal injury attorney who has the experience and qualifications to determine how much money you will need, someone highly motivated, working on your behalf to see that you get what you need.
On average, the annual living and healthcare expenses plus the approximate lifetime costs directly associated with a spinal cord injury depend on severity of the injury, which means there is a great deal of variation as to the actual costs. The following figures haven’t taken into consideration the indirect costs, such as lost wages, benefits and productivity, which in 2014 dollars averaged $71,961 a year. Instead, the variations below are based for the most part on level of education, the severity of the injury, and employment history prior to the injury. The Average Yearly Expenses are in 2014 dollars.
Approximate Lifetime Costs by Age at Time of Injury (discounted at 2%):
Average Yearly Costs and Expenses
Approximate Lifetime Costs by Age at Time of Injury (discounted at 2%)
Severity of the Injury
Each Subsequent Year
25 years of age
50 years of age
High Tetraplegia (C1–C4) AIS ABC
Low Tetraplegia (C5–C8) AIS ABC
Paraplegia AIS ABC
Motor Functional at Any Level AIS D
The law firm of O’Connor, Runckel & O’Malley will consult with medical experts and vocational rehabilitation professionals to determine the extent of your spinal cord injury and the long-term prognosis. We also bring in very astute financial planners to help us determine the all the short- and long-term financial ramifications. Through over a decade of specializing in personal injury law we’ve demonstrated the skills necessary to ensure that you and your family will receive the kind of financial compensation you need to move forward with your lives. We invite you to contact us to schedule a free consultation to discuss your situation.
In a terrifying early morning accident, a tour bus plowed right into the back of a semi-truck driving on Interstate 10 just north of Palm Springs in the wee hours of Sunday morning, killing 13 passengers and injuring another 31, according to authorities. Apparently the passengers were all sleeping just before the bus crashed.
The Coroner’s office of Riverside County confirmed that the 13 people killed were on the bus, including the bus driver. This horrific crash caused the entire westbound Lanes of the 10 Freeway to shut down west of the Indian Canyon Road off ramp, which was where the California Highway Patrol diverted the traffic off the freeway. Around 4:30 p.m. Sunday, the freeway was finally reopened, according to the CHP.
Just after the crash, rescuers kept searching through the wreckage trying to find all the victims. Firefighters had to use ladders to reach passengers trapped inside the bus. The passenger compartment of the bus had been pealed back nearly half it’s length from the undercarriage.
The front end of the bus was totally decimated as was the back of the truck by the incredible force of the impact.
There was no clear explanation given for the cause of the collision, however the tour bus was going much faster for some reason, than the semi-truck, said CHP Chief Jim Abele at a news conference.
The trailer portion of the semi ended up being lodged 15 feet into the front end of the bus, according to Abele.
The bus had left the Red Earth Casino, located in Salton City, and was en route to Los Angeles on Interstate 10 when the crash occurred. The CHP received the accident report at 5:17 a.m. USA Holiday Bus, based in Los Angeles, owns the bus.
According to the CHP, there was no skid marks indicating the brakes had been slammed on prior to the bus slamming into the semi-truck driving along in front of it. This leads investigators to surmise that fatigue may have played a role. However, they were still speculating that a medical emergency of some type might have impaired the driver, perhaps a heart attack.
The bus driver, nor any of the deceased passengers, has yet to be identified publicly. It seems that all the passenger were sound asleep at the moment of impact. Although it’s likely they had been all seated properly, many of them wound up at the front of the bus because of the tremendous force of the collision, Abele said.
Abele went on to say that it was very unlikely that the seats in the bus were equipped with seat belts. “In nearly 35 years on the job, I’ve never seen a crash that killed 13 people. It’s very difficult for everyone involved in the investigation as well as the rescue.”
A trauma surgeon at Palm Spring’s Desert Regional Medical Center reported treating facial injuries, but not many broken bones. He said this is unusual for a vehicle wreck at such a high speed.
Dr. Ricard Townsend told reporters on Sunday that the tour bus crashed into the collapsible trailer of the semi, propelling many of the passengers through the air, since they likely did not have seat belts to keep them restrained.
He said that widespread facial injuries were the hallmark of people not wearing their seat belts. He does say that the injuries he saw indicate the bus was probably slowing down when impact occurred.
Tow trucks had to be used by crews in order to pry the bus out of the back of the semi before they could clear the mangled bus from the freeway.
The driver of the semi-truck suffered injuries as well and was transported to a hospital for treatment.
He told the CHP that he did feel a “thump” at the back of the truck, which was carrying food products, but he had no idea what had actually happened.
The last time the bus was inspected was in April 2016, and before that, in 2014 and 2015, but no mechanical issues turned up on any of these inspections, according to the CHP.
Since the investigation is still in the early stages, all the victims have still not been identified. The CHP is now encouraging family members to contact authorities if they haven’t heard from a loved one, directing them to reach out to the Riverside County Fire Department located at 800 S. Redlands Avenue in Perris, or to phone (951) 443-2300, where a crisis response center is being set up.
Millions of Americans use public and/or private bus transportation every single day. If you or a loved one happened to be a passenger on public transportation when it became involved in accident due to negligence and want to speak with a California bus crash attorney specializing in personal injury and wrongful death cases, contact O’Connor, Runckel & O’Malley. We have more than 50 years of successful trial experience litigating such cases. We will answer your questions, explain your legal rights and give you our expert advice on how to take action to protect your rights.
The spinal cord is a network of nerves inside the backbone that run from the brain stem to the tailbone. These nerves control all bodily movement as well as transmitting sensation. When the spinal cord is damaged it can destroy feeling and mobility below the injury, and if the damage is serious, it could cause death.
Researchers estimate that 12,500 new SCIs are occurring each year as of 2015 and from 240,000 to 337,000 people in the U.S. are currently living with a SCI.
The average age of someone sustaining a SCI is 42 years as of 2015, having moved up from 29 years back in the 1970s.
The length of stays in the hospital is going down, with the average in acute care now at 11 days, which is down from 24 days in the 1970s. Stays in rehabilitation facilities are currently 36 days, which is way down from 98 in the 1970s.
At O’Connor, Runckel & O’Malley we have more than 50 years of combined legal experience. If you or a loved one has unfortunately been a victim of a Spinal Cord Injury it may be in your best interests to speak with a topnotch attorney. We have expertise in this area of the law and a substantial track record of successful outcomes for our clients. We invite you to contact us today. We will answer all your questions and discuss your legal rights and how we can help you protect them.