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Fiery Limo Incident Takes Five Lives

Limo Accident
Bad news for innocent people.

The investigating agencies are not divulging any theories of how the fire began. But already, limousine attorneys are speculating. Attorney Michael P. Ehline, Esq., of Ehline Law Firm Personal Injury Attorneys, APLC was interviewed by NBC the day of the limo wreck (See the interview here.)

What are the Facts in the Recent Limo Fire?

The events relate that on Saturday night, a limousine carrying nine women burst into flames on the San Mateo-Hayward Bridge, leaving five of the women dead. The driver of the limo spoke out on Monday saying the fire was a nightmare.

Limo driver Orville Brown age 46 said once he smelled the smoke it took several seconds to pull off of the roadway and the limo burst into flames when the women opened the door oxygenating the fire.

What Does Limo Accident Lawyer Say About Probable Cause of the Fire?

Ehline speculates the limo itself probably had deflated or defective airbags, and that could have caused the rear tires to rub inside the wheels wells, igniting a fire right next to the gas tank. (See the video here.) At least one other limo operator believes that the fire could also have become started by a cigarette in the rear ashtray that empties into the trunk. If there had been trash or a form of ignition, and people were smoking, this is also a potential reason.

Brown picked up the nine women Saturday evening before 10:00 p.m. in Alameda. The women were going to a Foster City bachelorette party. The bachelorette party was a night out for the women. And these were a group of Bay Area nurses wanting to celebrate the wedding of another woman in the Philippines. Neriza Fojas who married in the U.S. was planning a second ceremony in the Philippines.

From Bliss to Horror Show

Brown said the night started good, with all of the women enjoying the night. But then it turned into horror. Brown said as the limo was traveling over the elevated portion of the bridge one of the women knocked on the glass partition separating the rear of the limo and said “smoke.”

The limo driver assumed she was asking if she could smoke a cigarette. He said the company policy prohibits smoking in the vehicles. And they were approximately four minutes from their destination when about 30 seconds later the woman knocked on the partition again. Brown said he saw the anguish on the woman’s face and then he began smelling and seeing the smoke.

Brown said he immediately stopped the limo and the glass partition was down. He said the women attempted to crawl through it to safety. According to the San Mateo County Coroner, the dead were found near the partition.

So this indicates they were trying to escape the fire before smoke and flames overcame them. But four of the women were able to make their way through the partition. So they survived the limo fire.

According to California Highway Patrol Capt. Mike Maskarich what transpired is beyond words. And it’s estimated that within a minute, half of the limousine was engulfed in flames. Authorities said that other drivers, including an off-duty California Highway Patrol Sergeant, tried to help. But they were unable to do so.

What Does the CHP Say?

California Highway Patrol spokesman Ron Simmons said Sunday that it appears from photos the fire started in the trunk of the limo, but at this time it is unknown officially whether the fire started inside of the vehicle or on the exterior.

Brown was with LimoStop Inc. for two months.  And the cars get regularly maintained. He said his memory of how the four women got out is hazy.

What Did the Limo Company Say?

LimoStop Inc. released a statement they were “deeply saddened” by the deaths. And they will do everything possible to assist the authorities and investigate the cause of the fire to provide answers. Also, they will work to “provide closure for the victims and their families.” One of the victims in the fire was the bride Neriza Fojas, according to her sister-in-law, Lovela Nicolas. Fojas worked at the Community Regional Medical Center in Fresno as a nurse.

Two of the survivors were identified as Jasmine De Guia age 34 and Amalia Loyola age 48. But they went to Santa Clara Valley Medical Center. The women were treated for burns, smoke inhalation and got listed in critical condition. The survivors took a transport to Stanford Medical Center. And there, treatment for smoke inhalation and moderate burns took place.

But their condition is presently unknown. However, the dead were identified as Mary Grace Guardiano age 42 of Alameda and Nelia Arellano age 36 of Oakland. Witness Roxanne Guzman said that she was in her car crossing the bridge at approximately 10:00 p.m. and the “the flames were gigantic.” According to San Mateo County Deputy Coroner Roger Fielding, it may take medical examiners at least two days to positively identify the victims.

Other Sources:

http://www.foxnews.com/us/2013/05/07/limo-driver-survivor-views-differ-on-fire-that-killed-bride-4-friends/http://www.latimes.com/local/lanow/la-me-ln-san-mateo-limo-fire-20130506,0,6893942.story

Eggshell Victims and Legal Options

Legal Help For Previous Existing Condition Car Accidents

WHANGANUI - FEB 22:Humpty Dumpty in Kowhai Park Whanganui NZ on Feb 22 2013.It's the most unique children park in New Zealand with colorful and unique features known from famous children's stories.
WHANGANUI – FEB 22: Humpty Dumpty in Kowhai Park Whanganui NZ on Feb 22, 2013. It’s the unique children park in New Zealand with colorful and unique features known from famous children’s stories.

Car crashes can upend a person’s life. Even minor accidents can cause severe issues. From having to repair or replace a car to a long-term injury to lost work, and emotional trauma, it sucks! It’s said that such crashes are like icebergs, with more remaining under the surface.


Pre-Existing Conditions May Mean Having Eggshell Thin Bones or Skin

Some people are delicate. In law, we say that he or she: has an eggshell-thin constitution. Such is the case with accidents that leave long-term harm and trauma to people with existing health issues. Or they may have a previous medical condition.

And that could slow healing as an average human being would. Such remains the case with so-called eggshell-skull victims. These primarily remain people with poor bone structures and immune systems. So they stay people unable to heal in the aftermath of physical trauma.


The Law Says the Defendant Must Pay Regardless of a Pre-Existing Condition?

Yes, this is true. Such victims are weakened, to begin with. And these folks can suffer inordinately from a car crash. Many can face many broken bones. But an ordinary person may suffer few or no injuries in the same scenario. Additional issues may arise concerning insurance policies or increased medical bills.

For example, you will need money for physical therapy. Also, many problems can emerge from lost work. Imagine Humpty Dumpty falling off the wall since the defendant Kings men pushed him off. As we know, that caused Humpty to splatter and crack.

The King couldn’t argue he had no fault because Humpty failed to be tough enough. No, instead, in tort law, you “take the victim as you find him.” So the King will need to pay up. The king should do his best to make Humpty whole again if he is still alive. Also, the king may need to compensate the family left behind if Humpty died.

So the king could be liable for wrongful death. What if for example, an old lady gets killed in a crosswalk following a low-speed impact? Compare her to a well-conditioned male football player. He could easily shake it off. But no discount will be offered to the defendant for the senior woman’s frailty. Instead, the tables turn in favor of the survivors. Because of this, the Courts take the victims as they find them, no matter how weak or how strong a person is.

If you or a family member has suffered harm in such a fashion, legal options exist. The increased suffering and medical expenses should get covered. Ehline Law’s team of legal pros specialize in personal injury and auto accidents. Also, we have the training to handle such cases. Our team has fought and won similar situations in the past.


 

Further Reading:

http://www.cdc.gov/nchs/fastats/accidental-injury.htm Centers for Disease Control and Prevention Accidents or Unintentional Injuries.

http://www-esv.nhtsa.dot.gov/Proceedings/23/files/23ESV-000223.PDF Accident And Injury Risks of Elderly Car Occupants.

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/811325 Children Injured in Motor Vehicle Traffic Crashes.

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Ehline Law Firm
Personal Injury Attorneys, APLC

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Los Angeles, CA 90071

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