Auto Accident

Two Santa Cruz residents were injured recently in a head-on vehicle crash on Graham Hill Road, according to a recent article in the San Jose Mercury News.

According to police, the crash involved a black sports car and a pickup truck. The car’s driver, a Ben Lomond resident, was traveling down the road when she crossed the center line and hit the pickup truck. The truck had one driver and two passengers, all men from Santa Cruz. Both vehicles were totaled in the accident.

The woman was transported to Dominican Hospital with life-threatening injuries and is currently listed in critical condition. The driver of the pickup truck also suffered serious injuries, but he is expected to survive. He was taken to Stanford Hospital via helicopter for treatment. The other two men, both in their twenties, were not seriously hurt.

Police are currently investigating the accident. They say that they believe the car’s driver had alcohol in her system at the time of the crash, which may explain why her car crossed the center line. Police have not yet been able to determine if speed also played a role in the accident.

Defensive driving may reduce the risk of an accident, but it can’t keep you away from all negligent or reckless drivers. If you’ve been injured in a car accident in California, please don’t hesitate to contact the experienced Santa Cruz car accident lawyers at Van Der Walde & Associates. To learn more about your legal rights and options, call us at (877) 862-6228 today.

Early this week, a 48-year-old woman was killed in a Santa Cruz car accident when another driver entered opposing lanes of traffic, according to The San Jose Mercury News. The victim’s car was totaled and she was declared dead at the scene. The 28-year-old wrong-way driver, who was not injured, told officers that the crash was deliberate.

The victim, driving a 1999 Chrysler Concorde, was southbound on Highway 17 when a wrong-way driver in an Acura SUV hit her, according to California Highway Patrol (CHP). Witnesses told authorities that the wrong-way driver moved into opposing lanes of traffic and the driver himself admitted to authorities that he intentionally caused the accident.

A CHP officer has stated that the wrong-way driver was not under the influence of alcohol or drugs at the time of the accident and that both he and the victim were wearing seatbelts and both vehicles’ airbags deployed. Unfortunately, these safety measures did not help the fatal victim. The wrong-way driver was arrested on suspicion of homicide, driving the wrong way on a divided highway, felony assault with a deadly weapon, and felony vehicular manslaughter with gross negligence and is being held in county jail.

Someone who is criminally liable for their actions may also be held civilly liable as well. The family of someone killed in a car crash or other accident in Santa Cruz can hold the at-fault parties accountable for losses such as funeral costs, lost future wages, and loss of companionship by filing a wrongful death claim. Consulting with an experienced Santa Cruz wrongful death lawyer can ensure that this is done properly.

At Van Der Walde & Associates, our compassionate wrongful death attorneys can provide your family with legal recourse for the loss of your loved one. Our firm is dedicated to helping families through the financial and emotional hardships created by such a traumatic situation. To find out more about how we can help you during this difficult time, please call us for a consultation at 877-862-6288.

More than 225 local police agencies across California, as well as California Highway Patrol (CHP) will be focusing on enforcing the talking or texting on a handheld cell phone ban, according to MercuryNews.com. This month-long campaign will increase patrols targeting cell phone using drivers.

Approximately 353,642 drivers have been ticketed by CHP officers since July 2008 when the ban took effect. Since texting while driving became illegal in January 2009, 5,957 tickets have been issued. Talking and/or texting on handheld cell phones lead many drivers to distraction. However, many continue to use their handheld cell phones, increasing the risk of a San Jose cell phone car crash.

The common complaints about distracted drivers are that they drift out of their lanes, drive too slowly, and just don’t pay attention to the road. For example, a San Jose woman had been rear-ended twice since December by drivers who were texting right before the accident. Distracted driving can also cause severe car crashes that result in serious injuries. Not paying attention to the road or driving recklessly due to distraction are negligent behaviors. Negligent drivers who cause an auto accident can be held liable for the resulting injuries.

If you or a loved one has been injured in a car accident caused by a distracted driver, a knowledgeable personal injury lawyer can help. The dedicated San Jose car crash attorneys at Van Der Walde & Associates, LLP, know how difficult an auto accident can be, both for the victim and their family. We are committed to helping victims recover fair and full compensation for their losses. Please contact us today to learn more about your legal options at 877-862-6288.

A fatal car accident occurred in front of a high school in San Jose recently that left one man dead and another with unknown injuries, according to an article on MercuryNews.com. The vehicle apparently lost control as it traveled east on Chynoweth Avenue around 7 p.m. Residents who heard the crash called 911 and police arrived to a silver 1990s model vehicle, which had slammed into a telephone pole and was crushed by the impact. Police said the occupant who sustained fatal injuries did not appear to be a high school student. The 18-year-old crash survivor was taken to an area hospital for treatment.

The cause of this fatal San Jose car crash has yet to be determined; however, there are a number of possibilities that investigators may want to consider. Distracted driving is one of the most common causes of car accidents. Other common causes include debris in the street, poorly maintained roadways, or the failure of a vehicle component, all of which could have played a crucial role in the cause of the collision. If investigators determine that negligence contributed to the fatal crash, then the party responsible, such as an auto manufacturer or the city the accident occurred in, could be held legally responsible for all resulting damages.

The National Highway Traffic Administration (NHTSA) reported that there were 33,808 fatalities in motor vehicle-related accidents in 2009, with 3,081 occurring in California alone.

If you have sustained serious injury or lost a loved in a car accident in San Jose, you deserve to know your rights. At Van Der Walde & Associates, our dedicated San Jose car crash attorneys can help you explore your legal options and hold negligent parties responsible for their actions. To schedule a free consultation to speak with one of our experienced lawyers, call 877-862-6288 today.

An article in The Los Angeles Times reports that California is the second state in the country with the highest seat belt use, according to a recent study released by the Centers for Disease Control and Prevention (CDC).

Californians self-reported a 93.2 percent seat belt use, while Oregonians reported nearly 94 percent. Close behind were residents of Washington state at 92 percent. North Dakota was the state that reported the lowest seat belt use, with only 59.2 percent. The state’s low use of seat belts is attributed to the fact that police are only allowed to issue a ticket for a motorist not wearing a safety belt only if the driver is pulled over for another violation. In contrast, in California, Oregon, and Washington, there is a strict enforcement of safety belt laws, which allow law enforcement officials to pull a vehicle over solely because they noticed an occupant was not wearing a safety belt.

In California, the “Click It or Ticket” campaign began in 2005, and the state’s seat belt use rate has since increased to 96.2 percent in 2010 from 92.5 percent in 2005. Approximately 1.25 million more occupants have started to wear their seat belt as a result of the campaign. Additionally, a seat belt violation in the state costs $142 for an adult, and up to $445 for a child under age 16 not properly restrained.

The CDC reports that motor vehicle accidents are the leading cause of death in the U.S. among people ages five to 34-years-old, but that the use of safety belts has reduced injuries significantly. Between 2001 and 2009, the injury rate among occupants in motor vehicles dropped about 16 percent. During the same time period, self-reported seat belt use increased from 81 percent to 85 percent.

Using a seat belt reduces the risk of fatal injuries from traffic accidents by approximately 45 percent, notes the CDC. Yet on average, about one in seven adults does not wear a seat belt. The CDC believes that if all states in the U.S. had more strict laws regarding seat belt enforcement, about 450 lives could have been saved in 2009, and around 12,000 injuries prevented.

The Santa Cruz personal injury attorneys at Van Der Walde & Associates remind you and your family that you should always wear your seat belt. Doing so could save your life or prevent you from sustaining a serious personal injury.

If you have been involved in a car crash in Santa Cruz, you may wish to consult with a Santa Cruz car accident attorney who can help you understand the legal options available to you. At Van Der Walde & Associates, our lawyers offer free consultations to anyone who has been injured in a car accident in Santa Cruz and the Bay Area. Contact us today to schedule a free consultation by calling 877-862-6288.

In a recent National Highway Traffic Safety Administration (NHTSA) press release, the results of a new study demonstrated a rise in drug involvement levels among drivers that suffered fatal injuries in traffic accidents from the years 2005 to 2009. The study marks the first time data for deceased drivers in fatal traffic accidents and their drug involvement was analyzed.

According to the data, 21,798 drivers lost their lives in traffic accidents in 2009, and 63 percent of these drivers were tested for drug use. Approximately 18 percent or 3,952 drivers tested positive for drug use. The study also discovered that drug use among drivers that were injured progressively increased every year: about 13 percent was reported in 2005, 15 percent reported in 2006, 16 percent reported in 2007, and 18 percent reported in 2008.

The NHTSA data was gathered based on three categories: whether or not the driver was tested, what kind of test was conducted, and what the results were of the test. The variety of drugs encompassed in the study included over-the-counter medications, legally prescribed drugs, and illicit drugs; like stimulants, depressants, inhalants, narcotics, hallucinogens, steroids, phencyclidines (PCPs), and cannabinoids. However, the NHTSA cautiously noted that drug use does not necessarily mean the driver was driving while impaired, or that using drugs was the reason for a traffic accident.

By law, all motorists must operate their motor vehicle responsibly, and in a manner that won’t harm themselves or others. Unfortunately, however, this study by the NHTSA shows that not all motorists obey the laws that are in place for the protection of everyone on the road, including drivers, occupants, bicyclists, and pedestrians. Anyone who has been injured in a car accident in Santa Cruz that was caused by a negligent driver can pursue monetary damages for their injury and losses by filing a personal injury claim. Victims may be able to receive compensation for hospital bills, ongoing medical expenses, physical therapy costs, loss of present and future wages, vehicle damage, and more.

At Van Der Walde & Associates, our Santa Cruz car crash attorneys have a successful track record of protecting the rights of injured victims who have been involved in a car collision in Northern California. While you focus on recovery, we will build a strong case on your behalf and work hard to secure compensation that is fair and just for you. If you have been injured in a Santa Cruz car collision that was the result of another driver’s negligence, call our law office today at 877-862-6288. We offer free consultations and will be able to answer your questions about your legal rights and options for pursuing a car accident lawsuit in Santa Cruz.

Beginning last Monday, November 15, and lasting until Sunday, November 28, the National Highway Traffic Safety Administration’s (NHTSA) campaign, titled “Buckle Up,” promotes seatbelt use during the Thanksgiving holiday season since many Americans will be traveling about the country to visit family and friends.

The NHTSA reports that around 85 percent of Americans regularly wear their seatbelt, which is a record high. Regardless, an estimated 45 million Americans don’t put on their seatbelt when getting in their motor vehicle. Every day, around 38 passenger vehicle occupants who aren’t wearing their seatbelts die in traffic accidents. The NHTSA estimates that about 13,000 passenger vehicle occupants who were unbuckled died in motor vehicle accidents in 2008. Around one-third of those lives could have been saved if they were wearing their seatbelt at the time of the crash.

In 2008, during the Thanksgiving holiday season (November 17 through December 1), 1,120 passenger vehicle occupants were killed in traffic crashes. Unfortunately, over half of those who lost their lives weren’t wearing their seatbelts at the time of the crash.

The NHTSA reports that teens are among those least likely to wear their seatbelts, followed by young adults, males, nighttime drivers and occupants, drivers and occupants traveling on rural roads, and drivers and occupants in pickup trucks. It is important for all drivers and occupants, even pregnant women, to wear their seatbelts at all times when in a motor vehicle.

Many people falsely believe if their motor vehicle is equipped with airbags they don’t need to wear a seatbelt. This is not the case; airbags are designed to work in tandem with seatbelts. Not wearing a seatbelt during a traffic accident could cause you to be thrown into a rapidly opening frontal airbag, and a movement of such high force could injure or even kill you.

The San Jose personal injury lawyers at Van Der Walde & Associates remind you to always wear your seatbelt and to travel safely during the Thanksgiving holiday season. Wearing your seatbelt could save your life or save you from suffering serious personal injury.

If you have been injured in a San Jose car accident, you may want to speak with a San Jose car crash lawyer to discuss your legal options. The attorneys at Van Der Walde & Associates offer free consultations and can be reached at 877-862-6288. Call us today to find out how we can help with your San Jose car collision case.

The Santa Cruz Sentinel reports that a traffic accident involving a garbage truck and a Mercedes SUV occurred on Tuesday, November 16, in Capitola at about 11:30 a.m. at the intersection of Highway 1 and 41st Avenue.

According to police, witnesses of the Capitola car accident report the garbage truck ran a red light and struck the sports utility vehicle as it turned left onto 41st Avenue. The woman driving the Mercedes SUV was seriously injured in the Capitola car crash, and suffered injuries to her pelvis, ribs, and shoulder. She was transported via helicopter to a San Jose hospital and is currently listed in stable condition.

Police and detectives in the Capitola police department are asking anyone with information regarding the Capitola car accident to call their anonymous tip line at 831-475-2791.

Far too many motorists on the road operate their vehicle in an unsafe manner and put other motorists at risk of being involved in a traffic accident. When operating a motor vehicle, you should never assume that other motorists will obey traffic laws, like stopping at red lights. Good defensive driving techniques include the following:

• Always look in all directions when approaching an intersection, leaving enough time to react if another motorist isn’t driving safely
• Always wear a seatbelt
• Always use turn signals, and use them in advance of turning, rather than right before
• Always follow cars at a distance of two seconds; if weather conditions are poor, follow back even further
• Always check behind your shoulder and side mirrors before changing lanes
• Always remember to slow down when road or weather conditions aren’t ideal
• Always stop at least one car-length behind another vehicle
• If you ever are unsure of who has the right-of-way at an intersection, yield to other motorists

Driving defensively can help prevent Capitola car accidents from occurring, and save you from suffering serious personal injuries such as broken bones, fractures, internal bleeding, brain injuries, paralysis, or even death.

For over 15 years, the Capitola car accident attorneys at Van Der Walde & Associates have served the Silicon Valley and all of Northern California. We are dedicated to protecting the rights of victims injured by another’s negligence and have obtained millions of dollars in settlements for our clients. If you have been injured in a car accident in Capitola caused by another driver’s negligence, our lawyers are available to talk with you about your legal options. Call us today at 877-862-6288 for a free consultation on your Capitola car crash case.

A fatal San Jose car accident took the lives of two women, news outlet KLIV.com reports. Another person was also injured. The crash occurred early Saturday morning, October 30, near the off-ramp for Blossom Hill Road on U.S. 101 southbound in San Jose.

The solo-vehicle accident occurred when the car veered off the road and struck a tree, throwing one woman from the motor vehicle. Along with another female victim, the woman was pronounced dead at the scene of the fatal San Jose car crash. Another passenger in the vehicle was taken to a local hospital, the extent of their injuries not known at this time. Authorities are investigating the cause of the deadly San Jose car accident.

According to the National Highway Traffic Safety Administration (NHTSA), 33,808 people lost their lives in car crashes in the United States in 2009. Of those deaths, 23,382 were individuals who were either occupants or drivers in passenger vehicles. Another 2.2 million people were estimated to have been injured in car accidents in 2009.

That same year, 3,081 people died in car crashes in California; the highest number of deaths per state in the U.S.

There are many situations that can cause a fatal California car accident. Driving under the influence of drugs or alcohol; driving distracted; swerving to avoid colliding with another vehicle; and excessive speeding can cause a car crash. If the negligent behavior of another driver is to blame for a car collision, a victim of such an accident may be able to receive monetary compensation for medical expenses, vehicle repairs, loss of present and future income, and more.

If you have been injured in a Northern California car collision and believe it was the result of the negligence of another driver, it may be a good decision to consult with a personal injury attorney. The experienced San Jose car crash lawyers at Van Der Walde & Associates will seek damages on your behalf while you recover from your injuries. Call us today at 877-862-6288 for a free consultation on your car accident case.

By mid-October, San Francisco will be the first major city in California to implement what is referred to as a “first-responder fee.” According to an article on SFExaminer.com, the controversial fee charges accident-causing motorists up to $500 for cleanup related to the crash, recovering the cost of a fire department cleanup. Only a motorist who is found at fault will be charged the fee, not all motorists involved. The goal is to charge the driver’s insurance company.

Currently, the San Francisco Fire Department has a $13 million deficit. The first-responder fee is expected to raise about $626,000 a year, closing the deficit within a few years of implementation.

The San Francisco Board of Supervisors approved the first-responder fee in July. Other cities across the state and nationwide are adopting, debating, and implementing similar fees. Currently Sacramento is deliberating putting into action a similar penalty for accident-causing motorists. In southern California, Huntington Beach endorsed a fee program in August targeting tourists only, but the City Council rescinded the fee in late September after being flooded with complaints.

According to the National Highway Traffic Safety Administration (NHTSA), there were over 6 million car crashes reported to law enforcement in 2005, resulting in over 2.7 million injuries.

The criminal justice system can punish the negligent driver in a California car accident, but cannot do anything to compensate victims for injuries sustained in the crash. Often, victims are saddled with costly medical expenses, hospital bills, vehicle repair, or even a life-changing injury. This can be devastating, resulting in a loss of income for the individual or family, loss of future wages as well as dealing with the emotional and painful suffering a serious injury causes.

If you are injured in a Northern California car accident and believe it was because of another driver’s negligence, you may want to speak with the San Francisco personal injury lawyers at Van Der Walde & Associates. Our highly skilled Northern California auto accident attorneys will work to hold the negligent parties who caused the accident and your injury accountable, and will seek compensation for damages on your behalf. For more information please call us today at 877-862-6288. We offer free consultations.