The Reeves Law Group Blog

Mother of Teen Accident Victims Works to Prevent Accidents
Posted by: Robert Reeves
June 26, 2009
Topic: Auto Accidents

18 months after the death of her sons in a teen-related car accident, a woman is trying to make sure that her experience is not replicated by other families.

On November 3rd 2007, Shannon Barclay Adams' two sons 22-year-old Shane and 16-year-old Tyler were passengers in a car that was being driven by their cousin Donovan Barclay. According to the California Highway Patrol, Donovan was driving at more than 80mph when the car skidded at a curve and flipped over. The vehicle crashed into an embankment, killing both the brothers. Donovan suffered serious injuries, and was prosecuted as a juvenile. For Adams, the tragedy of her childrens' death has been even more painful because the driver involved was her own nephew. However, Donovan Barclay's punishment for his role in the accident was just three months of counseling.

In April, the boys' mother, Shannon Adams, spoke at an event to mark Crime Victims Awareness Week. Adam says that reckless driving involving teenagers is a much bigger problem that people realize. She also believes that teen accident prevention efforts have tended to be heavily in favor of tackling drunk driving. According to Adams, drunk driving is actually a factor in a small percentage of teen-related car accidents as compared to speeding. She is supported by the California Highway Patrol which reports that there were 25,871 car accidents in California in 2007 involving teen drivers and resulting in injuries. About 35 percent of these were caused by motorists who were driving at excessive speed. The numbers of motorist who were under the influence at the time of the accident in contrast was just 7 percent.

Adams is urging parents of teenagers to have their children sign a contract promising that they will drive safely. Earlier this month, AAA in Northern California released a statement informing motorists about their Teen Safe Driver Package. The kit includes a coaching device which parents can install in their teenager's cars. The device will let parents know about any unsafe driving patterns which will allow them to intervene in time to correct their children.

Tackling reckless driving by teenagers is far more complex than it is with adults. These drivers are younger and have lesser experience behind the wheel. That encourages them to take unnecessary risks on the road, and engage in risky driving like speeding, racing, etc. The role of peer pressure in influencing a motorist to engage in unsafe driving cannot be stressed enough. In fact, a study recently found that teenagers are more likely to be involved in a car accident when they are traveling with a bunch of friends than if they are traveling alone. Out on the street with their friends and at the wheel of a fast car, it's easy to get carried away and make foolish driving decisions.

Dealing with the problem of reckless driving by teenage drivers involves the efforts of not just law enforcement agencies, but also parents and the larger community. Parents must do their part to make their children aware of the consequences of reckless driving.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of car accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

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Carmel Driver Sentenced to Five Years in Fatal Drunk Driving Accident
Posted by: Robert Reeves
June 22, 2009
Topic: Drunk Driving Accidents

The family of bicyclist Daniel Vasquez had their chance to confront the man who killed him in a drunk driving accident and left him to die on the roadside. On Friday, the drunk driver, Charles Seaborn, was sentenced to five years in prison for vehicular manslaughter while intoxicated, and hit and run driving.

On February 9th 2007, Daniel Vasquez, a massage therapist and a popular Carmel musician was riding his mountain bike home, when he was struck by Seaborn's car. His body was discovered at 7 in the morning by commuters on the roadside near the Point Lobos State Reserve. Just as officers were investigating the scene of the pedestrian accident, they received a call from Seaborne who said that he might have been involved in an accident.

The California Highway Patrol arrived at his home, and found a gruesome scene. Vasquez's bike was still lodged in the car's front bumper. The cyclist's backpack was lodged in the windshield wiper. Seaborn's wife had apparently noticed the evidence of the accident that morning. Field sobriety tests were conducted, and Seaborn failed these.

Subsequent blood alcohol tests conducted seven hours or more after Seaborn arrived home between 2 or 3 am, showed levels of .17 percent. An investigation showed that prior to the accident that killed Vasquez, Seaborn had been drinking at a bar that night. The owner of the bar confirmed to investigators that Seaborn was a regular bar patron who had several times in the past, been intoxicated enough for bar management to call for a cab. According to bartenders at the facility, he had six cocktails between 5 and 10 pm.

Seaborne had been convicted for driving under the influence before. In 1994, he had been convicted of DUI in Oregon, and also had other convictions in California. In 1998, he was convicted of being drunk in public in Palo Alto. In 2002, he had been found guilty reckless driving in Pacific Grove.

His history of drinking problems was foremost in the minds of members of Daniel Vasquez's family who were present at the courtroom when the sentence was read. The family members spoke of their pain at the fact that their loved one died all alone, injured on an empty street.

Seaborn had earlier paid the family of the bicyclist $1 million in a civil settlement in addition to $250,000 paid out of insurance. The family has apparently used the money to establish a foundation at Daniel's high school to provide scholarships for students interested in sport arts and music, all the things that Daniel liked.

It's unfortunate that Seaborn, who is an accomplished marine biologist with a successful career as an underwater photographer, failed to understand that drinking and driving can have several dangerous consequences. This failure cost a young bicyclist dearly. As California personal injury lawyers, it concerns us deeply when we see educated and experienced men like Seaborn display such poor judgment and little regard for drunk driving laws.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of drunk driving accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

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CPSC Recalls Women?s Bathrobes After Six Deaths
Posted by: Robert Reeves
June 16, 2009
Topic: Recalled Products

The Consumer Product Safety Commission has urgently renounced a recall of 162,000 women's full-length Chenille robes.

A recall announced earlier in April had warned that some of the robes failed to meet federal standards for flammability, and therefore came with the risk of a fire and serious burns if the robes were exposed to an open flame. The company Blair LLC of Warren, PA had received three reports of the bathrobes catching fire. In one incident, the person suffered second degree burns. Since that recall was announced in April, the company has received reports of 6 deaths due to injuries caused when the robes caught fire. Three of the victims, according to the recall notice posted on the CPSC website, were in their 80's and five were female. In April, Blair had sent letters consumers who had purchased the robes, warning them of the recall.

The items that have been recalled have the following item numbers:

• 3093111
• 3093112
• 3093113
• 3093114
• 3093115
• 3093116

Persons who own a Blair chenille robe can determine if their robe is part of the recall by looking at the item number printed on the label on the neckline. The defective robe is a one piece-garments made of sculpted chenille, and one with shaped stand collars, and front and back yokes and cuffs made of horizontal chenille. The robes were made in Pakistan and were sold at Blair stores in Warren and Grove City in PA, and Wilmington in Delaware between January 2003 and March 2009. They were also sold through Blair catalogs.

The Consumer Product Safety Commission and Blair are urging consumers who own the robes to stop wearing these immediately. We urge consumers to contact the company to learn how to return the robe. The CPSC is asking consumers to report any incidents or injuries involving any Blair bathrobes to the agency. The company is offering a refund or a $50 gift card in return.

The Consumer Product Safety Commission sets standards for manufacturers to follow these in their production processes. However, the agency has been seen as a toothless tiger because of its inability to monitor consumer goods, including clothing sold to American consumers. A resource crunch including a staffing shortage, outdated policies and overdependence on the ability of companies to police themselves has led to several consumers safety crises in recent years in which Americans have been exposed to contaminated ineffective toys, defective cribs and a whole range of other consumer and household products. These defects have led to dozens of deaths form entirely needless causes and several injuries have been reported.

The CPSC doesn't announce a recall on its own but waits for the company to do so. While the company goes thorough the process of implementing a recall and pulls products off store shelves, consumers may continue to be exposed to dangerous products. In fact, recalled products may continue to stay on store shelves for days and weeks after the recall, exposing consumers to injuries from their use.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of recalled products. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

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Injuries from Flat-Screen TVs on the Rise
Posted by: Robert Reeves
June 11, 2009
Topic: Miscellaneous

Injuries from Flat-Screen TVs on the Rise

The popularity of flat-screen televisions has also been accompanied by a little known fact - hundreds of children have been injured by falling flat panel TVs.

According to a MSNBC report, Americans have taken to flat panel televisions with great enthusiasm and this has contributed to an increase in the number of injuries associated with falling TVs. According to a study published in Clinical Pediatrics, in 2007, close to 17,000 children had to be rushed to emergency rooms nationwide after they were injured by furniture falling them. Such injuries according to the study, have increased by 41 percent since 1990. It's not a coincidence that large flat panel televisions have also increased in popularity during the same time.

Along with these televisions, Americans have also purchased the appropriate entertainment centers and television stands to accommodate these TVs. These stands have a narrow design that makes them less stable and prone to toppling over. According to the study, injuries from falling TVs alone account for close to half of all injuries related to falling furniture. 47 percent of all furniture injuries in fact, are caused by falling televisions. Around 75 percent of victims of falling furniture are below 6 years of age. Children of this age may not understand the risks of climbing on top of furniture.

According to child safety specialists, it's important that parents take care to secure flat panel televisions in their homes. These televisions have a narrow center of gravity which means that they are less stable, and are more likely to fall over. They are top heavy and consumers may not be aware that they can conceal up to a hundred pounds of glass circuitry into a panel that is just a few inches thick. The stands that are designed to hold these televisions, also tend to be light weight. In contrast, older televisions are large and heavy with a broad base which allows them to sit firmly on a table top.

Besides, enthusiastic homeowners may ignore specific instructions for securing their new flat panel televisions. Even when these are hung from wall brackets they may still pose a damage when installation is done by inexperienced installers or homeowners themselves. Improperly secured consoles are more prone to dislodge and fall off.

Legislators have tackled the problem with no success. In 2005, Representative Allyson Schwartz D-PA introduced a bill that would have require the Consumer Product Safety Commission to establish stricter standards for furniture that include a glass surface or have a higher danger of tripping over. That bill died not once but twice, after Schwartz introduced it again in 2007. What that means is that homeowners are on their own when it comes to making sure that these TVs are secured properly.

Experts have the following tips to reduce falling television injuries in children:

• Place TVs low to the ground
• In case of wall mounted televisions, use strong safety straps or L brackets
• Your TV stand should have a solid base
• Avoid keeping children's toys and other items on top of the television

Lastly, always make sure that you are aware of what your kids are doing. The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of dangerous products. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us. The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

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Murder Charges Against Motorcyclist in Fatal Novato Accident
Posted by: Robert Reeves
June 09, 2009
Topic: Motorcycle Accidents

A motorcyclist who struck and killed a 9-year-old girl in Novato and injured her father is now facing murder charges. On Friday, the Marin County District Attorney filed murder charges against 43-year-old Edward Schaefer.

Schaefer struck 9-year-old Melody Osheroff as she crossed a busy street in Novato with her father Aaron Osheroff. Melody was killed in the accident, while Aaron Osheroff sustained serious injuries. He had to have his leg amputated as a result of the pedestrian accident.

Shaffer was speeding at the time of the crash. He also ran a stop light before he mowed down the father and daughter. At the time of the accident, Schaefer's blood alcohol level was 1.6, which is twice the legally allowed limit of .08. According to the Marin County District Attorney, there is "implied malice" because of Schaefer's long history of DUI offences. Schaefer has had 6 prior arrests for driving under the influence. He has been in prison for domestic violence, and has had several DUI offences in Marin, Reno and Sonoma from 1990 onwards. His most recent DUI arrest was in 2004.

According to the District Attorney, Schaefer likely had to undergo some amount of prison time for these DUI convictions. The DA's office is still in the process of collecting information about these various convictions. Schaefer is also facing manslaughter and mayhem charges. The DA has already made it clear that he wants Schaefer to be in prison for life.

Meanwhile, the Osheroff's community in Novato has rallied behind the family. At Melody's school, grief counselors are helping students deal with the death of the fourth grader. The intersection where the accident occurred was a busy one, and residents in the neighborhood are demanding that a traffic signal be set up to control the heavy movement of traffic.

We tend to agree with the district attorney when he says that Schaefer must be put away for life, so that he cannot be a danger to other fathers and daughters. With multiple DUI convictions to his credit, and possibly prison time for intoxicated driving, Schaefer was well aware that drunk driving can have disastrous consequences. His carelessness is inexcusable, and it has cost a family dearly.

Aaron Osheroff survived the pedestrian accident, but is likely to need extensive rehabilitation therapy before he can begin to return to his life before the accident. Before that, however, he has to deal with the loss of his young daughter. For the Osheroff family and their friends, knowing that the man who was responsible for Melody's death has an almost 20 year history of drunk driving, must be incredibly hard to deal with. It must be difficult to them to understand how a man with multiple DUI convictions on his record could be free to ride his motorcycle on a busy highway. This time we hope that justice is truly served, and that Schaefer is put away where he belongs.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of motorcycle accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

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For Fountain Valley Good Samaritan, Post Accident Struggles Continue
Posted by: Robert Reeves
June 02, 2009
Topic: Auto Accidents

Back in 2008, Johnnie Metcalf stopped his car to help another motorist in trouble, and was himself struck by another car, leaving him with severe injuries. As the Orange County Register reports, Metcalf is making a recovery, but has been burdened with heavy medical expenses.

In 2008, Metcalf stopped his car on the 710 Highway in Long Beach, and got out of his car to help another driver who had crashed his car into a tree. As the two waited for help to arrive, another car struck Metcalf.

The driver of that car was driving about 60 mph, and was under the influence of alcohol. Metcalf suffered severe injures that almost severed his legs. His lungs were punctured, and he suffered multiple broken bones. The driver of the car that struck him, Ryan Cruz Vista, was later arrested. An investigation was started, and Vista was booked into jail. Nine months later, Metcalf has recovered remarkably from his injuries. His family and friends had feared that he may lose the use of his legs, but Metcalf has proved everyone wrong. The path to regaining mobility in his legs has been long, and Metcalf had to undergo about 40 rehabilitation sessions before he could regain his walking abilities. In January this year, Ryan Cruz Vista was found guilty of felony driving under the influence causing bodily injury, and was ordered to pay Metcalf about $163,000 in restitution.

Metcalf had been facing severe financial problems after the car accident. He lost his job with Hines Horticulture, and has incurred heavy medical expenses. To make matters worse, he lost his insurance. Workers’ Compensation has denied his claim, saying that he lost his eligibility when he got out of his car to help a stranger. An insurer has put on lien $137,000 from any Workers' Compensation funds he receives. With all these problems looming, you would think Metcalf would have been negative and pessimistic about his experiences. On the contrary, Metcalf continues to be positive, harboring no ill will toward anyone. But he does argue that as a Good Samaritan, he should be given help in recovering the payments and compensation that are rightfully his.

Soon after the accident, Metcalf had considered setting up a charity that would help families of drunk drivers like Ryan Cruz Vista. Vista was the second in a family of six and held a low paying job. Metcalf's charity was supposed to be called Dumb Dad’s Dangerous Decisions 2 Drink and Drive. Metcalf then had planned to raise funds through charity to support families of drunk drivers who are faced with the expenses of posting bail after their loved ones are arrested for DUI. However, since then Metcalf has put those plans on hold, as he struggles to get his finances in order.

It's inexcusable that a Good Samarian has been put through such trouble after his good deeds. Metcalf has been through more turmoil than he should, only because he stopped to help another motorist.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of drunk driving accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

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Hoopa Man Charged in Fatal Bicycle Accident
Posted by: Robert Reeves
May 22, 2009
Topic: Bicycle Accidents

A 27-year-old man from Hoopa, California is facing charges of vehicular manslaughter in a fatal bicycle accident that killed a local botanist in 2008.

In August 2008, according to the California Highway Patrol, Allen Bear was driving his Nissan pickup truck on highway 299 when his car drifted over to the paved shoulder. The car struck 42-year-old Gregory Jennings. The bicyclist was thrown off his bicycle, and fell on to the grass. Jennings was declared dead at the scene of the accident. Bear was arrested at the scene of the accident, but Humboldt County Jail officers say that he was not booked into the jail. A witness who was driving down the road at the time of the bicycle accident said Jennings was wearing colorful clothes and was riding on the far side of the road. Investigators are still analyzing blood samples to find out if drug or alcohol use were a factor in crash.

It appears that Jennings was doing nothing wrong in the August 25th bicycle accident. He was wearing brightly colored clothes to announce his presence to motorists and had been riding to the far side of the road. It's not known yet why Bear's car drifted off to the right side of the road, and we will have to wait for the toxicology report to know if drugs or alcohol played any role in the accident.

California bicycle accident lawyers see this all too often. Bicycle accidents are often the result of the negligence of motorists who fail to give bicyclists the right of way. In a collision between a bicycle and a motor vehicle, it's the bicyclist who is at the highest risk of injury or death. The impact of a collision between a motor vehicle and bicycle can throw the bicycle many feet into the air, and leave them with serious injuries when they fall onto the ground. The kind of injuries sustained in an accident like these can include catastrophic injuries like head injuries or spinal cord fractures. Serious head injuries can result in brain damage. A person who suffers from brain injuries may find that the road back to regaining normal functions is long and arduous. Victims may have to relearn their ability to perform normal everyday functions, like eating, bathing, and other actives that they took for granted earlier. Depending on the extent of brain injuries, there may be loss of memory, inability to concentrate, depression etc.

Spinal fractures can cause long-term damage. Victims may have to undergo months of physical rehabilitation and therapy before they can regain control of their motor functions. Paralysis often results from a spinal fracture, and recovery may never be complete.

All this means that a victim's medical and hospitalization bills can begin to rack up and continue for long after the victim has returned home. There may be the need for continuous physical rehabilitation and therapy as well as long-term care and future medical expenses. Victims may be able to claim damages to help pay for these expenses.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of bicycle accidents. Please visit our website at www.trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

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Glenn County Man to Face Trial in Fatal Pickup Truck Accident
Posted by: Robert Reeves
May 15, 2009
Topic: Truck Accidents

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Driver in Colusa County Bus Accident Charged with Vehicular Manslaughter
Posted by: Robert Reeves
May 14, 2009
Topic: Bus Accidents

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Class Action Lawsuit Against Metrolink in Glendale Train Accident will Proceed
Posted by: Robert Reeves
May 13, 2009
Topic: Train Accidents

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