Monday, September 23, 2013

12-Year-Old Burgess Hu Suffers Fatal Injuries After Tragic Bicycle Accident Near Excelsior Middle School in Byron, California


A bicycle accident claimed the life of 12-year-old Burgess Hu of Discovery Bay.  The tragic accident occurred in front of Excelsior Middle School on Byron Highway in Byron, California on Monday September 23, 2013, at approximately 7:45 a.m. 

According to published reports, a GMC Yukon SUV that was being driven by an unidentified female was turning from the school onto Byron Highway when it struck Burgess Hu.  California Highway Patrol Officials have indicated that Burgess was pronounced dead at the scene.  At Matiasic Roth & Johnson LLP our thoughts and prayers are with Burgess Hu’s family in their time of grief and sadness.

California Highway Patrol Officials are still investigating the cause of this terrible bicycle accident.  It has been reported that the driver of the SUV did not initially realize that she had struck the boy.  A comprehensive bicycle accident investigation is needed to determine if the driver failed to see the boy because of inattentive driving, texting or talking on a cellphone.

Concerned members of the Byron and Excelsior Middle School communities have expressed outrage over this tragic bicycle accident.  Community members have indicated that vehicles that are dropping off and picking up students in front of Excelsior Middle School frequently ignore traffic safety rules causing a dangerous condition of public property.  According to anonymous sources, cutting in line, illegal U-turns and turning into exit streets are dangerous driver behaviors that are commonplace in front of Excelsior Middle School.  These and other negligent driver behaviors put the safety of bicyclists and pedestrians at risk and must be stopped.  A public entity may share some liability if they had notice of the dangerous condition at the school and failed to take appropriate measures to remedy it.

When cyclists are struck by cars or trucks the resulting injuries can be fatal or severe regardless of any safety precautions taken by the cyclist.  Sadly, Burgess Hu was unable to survive this terrible accident despite the fact that he was wearing a bicycle helmet at the time of the collision.  As this terrible accident demonstrates, a moment of driver negligence or inattention can cut short a young life and destroy a family in an instant.  

At Matiasic Roth & Johnson LLP, our dedicated legal team is committed to helping victims of bicycle accidents and their families.  We believe that negligent drivers should be held responsible for the heartache and pain they cause.  If you or a loved one have been involved in a bicycle accident call Matiasic Roth & Johnson LLP today.  One of our compassionate bicycle accident attorneys will provide you with a free consultation and help explain your rights.   

Tragic Bicycle Accident Claims the Life of Former Amazon Executive Joy Covey


On Wednesday September 18, 2013 at around 1:30 P.M., Woodside resident Joy Covey was riding her bike downhill on Elk Street when she was struck by a minivan making an unsafe left turn.  According to California Highway Patrol Officials, a 22-year-old Fresno man in a Mazda minivan turned left directly in front of Ms. Covey near the intersection of Skyline Boulevard and Elk Tree Road in Woodside, California.

Despite the fact that Ms. Covey was wearing a helmet, she was unable to survive the fatal injuries she sustained as a result of the accident.  Emergency responders pronounced Ms. Covey dead at the scene.  At Matiasic Roth & Johnson LLP our thoughts and prayers are with Ms. Covey’s family in their time of grief. 

Ms. Covey is known for her impressive accomplishments and warm spirit.  Ms. Covey dropped out of high school at the age of 15 before graduating with a degree from Cal State Fresno in 2.5 years.  She later scored the second highest in the country on the certified public accountant exam. Ms. Covey eventually obtained an MBA and a law degree from Harvard.

Ms. Covey would become a well-known and influential executive in Silicon Valley. Ms. Covey was instrumental in the founding of Amazon and served as its Chief Financial Officer during a period of unprecedented growth.  She was widely recognized for her business acumen and was named the most powerful woman in business in 1999 by Fortune Magazine.  Ms. Covey most recently worked as a Director for the Natural Resource Defense Council and was also involved with nonprofit groups.

Subsequent reports indicate that the driver of the minivan may have been making deliveries for the shipping service OnTrac at the time of the accident.  If the driver was in the course of scope of employment at the time of the accident his employer may also share some of the liability for this devastating accident.  

Ms. Covey is survived by her husband and 8-year-old son.  At Matiasic Roth and Johnson LLP, our thoughts and prayers remain with the family of Joy Covey.  The dedicated bicycle accident lawyers of Matiasic Roth & Johnson LLP are committed to helping families who have experienced the wrongful death of a loved one.   Although no amount of money can bring back a lost loved one, we are committed to fighting for victims and their families to get them the compensation they deserve. 

If you or your loved one have been involved in a biking accident, please do not hesitate to call our office for a free consultation and explanation of your rights

16-Year-Old Nathaniel Mota Killed By Hit-and-Run Driver While Walking in South Los Angeles Crosswalk


On Friday September 13, 2013, 16-year-old Nathaniel Mota was walking across the street from church to meet up with his family when an unidentified driver struck him.  The driver of a white Nissan Maxima immediately fled the scene after striking Mr. Mota.  The incident occurred at the intersection of Normandy Avenue and 42nd Street in South Los Angeles.  

According to Los Angeles Police Department Officials, Nathaniel Mota was lawfully within a marked crosswalk at the time of the collision. The at-fault driver sped off north towards 42nd street after the collision.  Witnesses with any information are urged to contact the Los Angeles Police Department immediately.

Nathaniel Mota was an avid churchgoer who worked as an usher at St. Cecelia Catholic Church (Iglesia Catolica Santa Cecilia).  Friends and family remember him as a caring and loving young man who had a bright future ahead of him.  At Matiasic Roth & Johnson LLP our thoughts and prayers are with the Mota family in their time of grief.  The wrongful death of a loved one is a terribly tragedy that no family should be forced to endure. 

The specific crosswalk where this tragic accident occurred has been a concern for the St. Cecelia Church community for years.  Many churchgoers and community members have repeatedly expressed concerns that the crosswalk lacked proper markers, lighting and signage.  Saint Cecelia Pastor Jorge Ochoa has indicated that he had previously urged authorities to install signs and lights to make the crosswalk safer. 

Tragically, unsafe intersections frequently lead to fatal and severe pedestrian accidents.  Many factors can contribute to make an intersection unsafe.  For example, an unsafe intersection may lack adequate signage, be designed improperly or have improper phasing of traffic signals. 

Accidents that result from unsafe intersections usually require the filing of a claim against the state or municipal entity that is responsible for designing and/or maintaining the intersection.  There are strict deadlines and procedural requirements that must be followed when pursuing a claim against a public entity.  Accordingly, it is imperative that pedestrian accident victims and their families immediately contact an experienced pedestrian accident attorney to help protect their rights.   

If you or a loved one have experienced a pedestrian accident contact the dedicated legal team at Matiaisc Roth & Johnson LLP today.  We specialize in fighting for the rights of pedestrian accident victims in Southern California and throughout the State.  Call our office today for a free consultation and case evaluation.  

Tuesday, September 17, 2013

San Francisco Municipal Recreation and Parks Truck Kills Daly City Resident Christine Svanemyr

On Thursday, September 5th at around 2:30 p.m., Daly City resident Christine Svanemyr was run over at Holly Park in San Francisco’s Bernal Heights Neighborhood.   This tragic pedestrian accident occurred while Mrs. Svanemyr was sunbathing on the grass with her 11-month-old daughter and dog.  A San Francisco Recreation and Parks maintenance vehicle struck her before fleeing the scene. 

 
The driver of the truck has been identified as 57-year-old Thomas Burnoski.  Mr. Burnoski was eventually found by authorities in his truck a few blocks away from the scene of the incident.  He was detained by San Francisco Police Officers, transported to the Ingleside Station and arrested for causing Mrs. Svanemyr’s death and fleeing the scene.  

According to published reports, Mrs. Svanemyr suffered severe head and chest trauma and was rushed to San Francisco General Hospital for emergency treatment.  Shortly after arriving to the hospital, she was pronounced dead.  Her daughter, Isa Amalie, was reportedly unharmed from the accident. 

Mrs. Svanemyr was 35-year-old life coach, Zen monk, and accomplished professional dancer.  She worked as the director of development for New Ventures West.  She is survived by her husband, Vegar Svanemyr, who also works for New Ventures West.  At Matiasic Roth & Johnson LLP our thoughts and prayers are with the Svanemyr family in their time of unimaginable grief.  No family should be forced to endure this type of avoidable and senseless tragedy.   

At the time of the accident, Burnoski was violating city policy by driving though the grass of the park in a City owned pick-up truck.   San Francisco Recreation and Parks spokeswoman Sarah Ballard commented on maintenance vehicle policy and indicated that workers were not allowed to drive on park pathways, sidewalks, closed roads, or the actual park for mere convenience purposes.  She also assured the outraged public that San Francisco Recreation and Parks policy requires for there to always be an extra spotter for a vehicle if it was driving on park grounds.  Sadly, it appeared as though no spotter was on site, and that the collision occurred in a grassy area that was well removed from the roadway.  It has been reported that the San Francisco Recreation and Parks Department had previously received several complaints that City maintenance vehicles were repeatedly driving too fast and driving on pedestrian paths in Holly Park and other City parks.   
 
Mrs. Svanemyr’s family is entitled to compensation for her wrongful death.  Compensation of damages can include past medical expenses, lost wages, loss of future earning capacity, emotional distress, loss of consortium, pain and suffering.  Victims of pedestrian accidents need an experienced pedestrian accident attorney who will aggressively pursue compensation for the full extent of damages.   

At Matiasic Roth & Johnson LLP, we urge that a comprehensive pedestrian accident investigation is conducted in order to find all sources of liability for this devastating accident and prevent future accidents.  In pedestrian-truck accidents, there may be multiple sources of liability.  In addition to the driver, the City of San Francisco may also be liable for being reckless, and not verifying that its drivers had the required skills and experience to safely operate maintenance trucks.  Furthermore, the City of San Francisco is responsible for ensuring that its employees are compliant with all vehicle safety rules and regulations. 

Claims against municipal entities are controlled by the California Government Tort Claims Act which requires that a claim is filed within six months.  Accordingly, it is imperative that victims immediately contact an experienced pedestrian accident lawyer in order to protect their rights.  The dedicated pedestrian accident lawyers of Matiasic Roth & Johnson LLP specialize in fighting for victims of pedestrian accidents.  Call our office today for a free consultation and case evaluation.

Tuesday, September 3, 2013

Fatal Pedestrian Accident at San Jose City College Claims Life of 49-Year-Old Magda Gonzalez

On August 19th at approximately 11:15 am, a woman was struck when a front loader tractor backed up onto a pedestrian walkway on the San Jose City College Campus.  Emergency personnel attempted to resuscitate the victim at the scene, before transporting her to Santa Clara Valley Medical Center.  The victim, who was later identified as 49-year-old Magda Gonzalez, passed away before reaching the hospital.  

The exact location of the accident was reported to have been between the Fine Arts and Vocational Training building on Moorepark Avenue.  A construction crew was digging in the area to gain access to an underground water valve for a campus construction project.  According to witness testimony, the area was previously surrounded by a chain link fence which not only enclosed the entire work site, but also blocked the pedestrian walkway from access.  The fence was reportedly not present on the date of the accident.  The construction companies involved in the project, the driver of the tractor, San Jose City College and possibly other persons or entities may all potentially share some of the liability for this terrible and avoidable accident. 

Based on preliminary reports, the main contractor for the construction project has been identified as Gilbane Construction.  Additionally, the subcontractor that was involved in the project has been identified as Milpitas based Preston Pipelines.  Six crew members who work for Preston Pipelines were reportedly on the job site at the time of the accident.  Preston Pipelines has a history of safety violations including past violations for improperly secured cargo.  The San Jose Police Department, San Jose Community College District Police Department, and Cal-OSHA are simultaneously conducting separate investigations to determine the exact cause of this devastating accident. 

At Matiasic Roth and Johnson LLP, we would like to express our deepest condolences to the family of Magda Gonzalez.  The loss of a loved one in a pedestrian accident is a tragedy that no family should be forced to endure.  Families who have experienced the wrongful death of a loved one are entitled to compensation for their loss.  The dedicated pedestrian accident attorneys of Matiasic Roth and Johnson LLP have over thirty years of experience advocating on behalf of pedestrian accident victims and their families.  If you or a loved one have been involved in a pedestrian accident call our office today for a free consultation.