Recent Blog Posts

Sexual Abuse - Man Purchased Vietnamese Girl

David Silva — Fri, 25 Mar 2011 15:57:00 GMT

March 25, 2011 - A 66-year-old child molester is facing 30 years in prison for sexual abuse of a Vietnamese girl that began when the girl was only five years old. The suspect was convicted of sexual abuse on a child in California in 1977. He later fled to Florida and assumed a false identity. He was arrested again in 2004 after the victim contacted the Federal Bureau of Investigation. Authorities brought him back to California to serve his original prison term. However, just before his release about a year ago federal prosecutors filed new charges against him in Florida. He was put on trial in January 2011. The jury found him guilty of five charges related to the sexual abuse of the Vietnamese girl he had purchased in Vietnam in the early 1970's. A sentencing hearing is set for Monday, March 28. Prosecutors are seeking the maximum penalty - 30 years - for his sexual abuse crimes. Child sexual molestation and sexual abuse consists of inappropriate and illegal touching of a child in a sexual manner, or the sexual exploitation of children by taking pictures and videos of children posed or acting in a sexual manner. A U. S. Department of Justice Bureau of Justice Statistics study revealed the following about the characteristics of child victims: three out of four children who were victimized were female; one-third of convicted offenders had committed a crime against their own children; about half of the convicted offenders had a relationship with the child, either through friends or family; one out of seven convicted offenders reported that their child victim was a stranger; and, four out of ten child victims suffered forcible rape or another injury from child molesters. If you or a loved one have been the victim of sexual abuse, you should call an experienced Oakland Personal Injury attorney for a free and confidential consultation about your case.

Car Accident - Woman Killed By Towed Car

David Silva — Thu, 03 Mar 2011 19:07:00 GMT

March 3, 2011 - San Bernardino County Sheriff's deputies reported that a 42-year-old woman died this week after she was struck by a tow truck while her vehicle was being repossessed. The tow truck driver was attempting to repossess the woman's 2002 Buick. At around 1:10 a.m., the woman exited her mobile home and tried to persuade the driver not to take her vehicle. The driver denied her request and began to move her car from her driveway. He told investigators that he lost sight of the woman and assumed that she had cleared away from her car. As he attempted to leave with the car, the woman's husband rushed to him and told him his wife was trapped under the car. A Sheriff's Department spokesperson said the driver and the woman had finished talking to each other at the time of the accident. Neither the driver nor the husband could determine how she got under the car. The driver had to use a jack to get the car off the injured woman. She was transported to a local hospital where she died a couple hours later from her injuries. Investigators are still trying to determine how she ended up under the car. If you or a loved one have been injured in a car accident you should contact an experienced Oakland Personal Injury attorney to discuss your case. You will be connected directly to a knowledgeable personal injury attorney, not a legal assistant or other support staff. We have offices located in Oakland or we will meet you at your home, place of employment or hospital. We work on a contingency fee basis and that means you will never pay legal fees unless and until we recover money for you on your case. We advance all costs so you will not be required to pay anything until your case has concluded.

Sexual Abuse - Girl "Trained" as Prostitute

David Silva — Wed, 02 Mar 2011 16:54:00 GMT

March 2, 2011 - A 38-year-old Oakland man was convicted on Friday, February 25 on child pornography charges. Federal prosecutors said the man "trained" a 14-year-old girl to become a child prostitute. He was tried on a single count of producing child pornography and one of possessing child pornography. A U.S. District Court judge found him guilty after the bench trial concluded. Law enforcement officials said the man produced multiple images and videos of the girl that documented the various steps he took to prepare her to work as a prostitute for him. He filmed at least one video of the minor depicting himself instructing the girl as she performed oral sex on him. The evidence submitted at trial showed that he uploaded at least one photograph to the Internet in a sexually explicit posting on an adult "dating" Web site. The man was indicted in February, 2009 by a federal grand jury. He will stay in custody pending his sentencing in June by the trial judge. The maximum sentence he faces is life in prison and a $250,000 fine. According to the Federal Bureau of Investigation, any sentence after a conviction will be imposed by the court with consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence (18 U.S.C. Section 3553). If you or a loved one have been a victim of sexual abuse you should call an Oakland Personal Injury attorney to discuss your case. In addition to criminal prosecution, the perpetrator in a case such as this could face a civil lawsuit brought on behalf of the minor. A personal injury attorney will help you determine the likelihood of getting a judgment against a defendant in a sexual abuse case as well as the probability of collecting any money on the judgment. Call us today for a free consultation.

Sexual Assault Alleged in Oakland

David Silva — Mon, 21 Feb 2011 20:36:00 GMT

February 21, 2011 - A 13-year-old girl was abducted while walking to school at about 8:00 a.m. on Thursday. The girl reported to police that a man she did not know approached her near 98th Avenue and Walnut Street and told her he would kill her if she did not agree to come with him. According to the girl, the man took her to his home in the 9800 block of Walnut Street and sexually assaulted her. The girl was able to escape just before noon when her abductor was distracted by something in the house. Police went to the home and arrested the 41-year-old East Oakland man who lived there. According to investigators, the man has denied the allegations and he has no prior criminal history. He is being held without bail on suspicion of kidnapping and sexual assault of a minor. Formal charges will not be filed until a decision is made next week on what charges to bring. If you or a loved one have been a victim of sexual abuse or a sexual assault, you should contact an experienced Oakland Personal Injury Attorney. We have offices throughout Oakland for your convenience. Or, if you prefer, we will meet you at your home, workplace or medical facility. We will dedicate ourselves to you and your case to make sure that your needs are taken care of. We want you to know that you have a skilled, aggressive attorney on your side who will fight for your rights as a victim and get you the compensation you deserve. Your case will be handled by a knowledgeable attorney from start to finish and you will never be charged any legal fees unless we recover money for you on your case. We advance all costs as well. If you think you need legal help, call us or send us a message through our Web site to let us know you'd like to have a free consultation about your case.

Car Accident - Toddler Hit in Driveway

David Silva — Fri, 28 Jan 2011 05:00:00 GMT

January 27, 2011 - According to police reports, at approximately 9:00 p.m. on Wednesday night, a 1-year-old Oakland girl was killed when her uncle backed his truck into the driveway at her home. The uncle reportedly drove from work to home that night. When he arrived, the girl's mother came out of the house to move another truck so the uncle could park his truck in the driveway. Apparently, nobody knew the front door was not securely shut and the little girl exited out of the house into the driveway. As the uncle backed into the driveway, the girl darted behind his truck. She was struck by the truck and died instantly at the scene. The girls' father did not see the accident occur. He told reporters that he was very sad. The couple has one other child, a 3-year-old boy. The girls organs will be donated. The family has lived in the 78th Street house for six years. There was no indication that alcohol was a contributing factor in the accident. No arrests have been made. The case is still under investigation at this time. Our sympathy goes out to the family for their tragic loss. If you or a loved one have been injured or killed in a car accident please call us for a free consultation about your rights. We have offices in Oakland near you. Our law firm was established in 1993. We handle personal injury and wrongful death cases only. We put our clients needs above everything else. Your cases will be handled by an experienced and knowledgeable Oakland personal injury attorney from start to finish. We work on a contingency fee basis so you will never pay any legal fees unless we recover money for you on your case. We are aggressive attorneys who will fight for the compensation you deserve.

Aviation Accident - Chester, California

David Silva — Thu, 27 Jan 2011 03:05:00 GMT

January 26, 2011 - A Federal Aviation Administration official reported that two people died in an aviation accident near Chester, California. Chester is a rural town with a population about 2,300 in Plumas County. It is located near Lassen National Park, approximately 170 miles north of Sacramento. Lumber manufacturing and tourism are the primary industries in Chester. It serves as the retail center for the Lake Almanor area. The local airport is known as Rogers Field. It is a public use airport with two runways. The airport is used mostly for general aviation and United States Forest Service and California Department of Forestry access. At approximately 6:49 p.m. the Plumas County Sheriff's Department began receiving emergency 911 calls about a plane in distress. The plane went down around 7:00 p.m. and was located later about one-half mile from Rogers Field. An FAA spokesperson said the plane that crashed was a single-engine Beechcraft Bonanza. Two bodies were recovered from the wreckage by Plumas County deputies and Chester Fire Department personnel. One of the victims, a 76-year-old male, was positively identified. His wife was tentatively identified as the other victim. If you or a loved one have been involved in an aviation accident, you might want to consult with a trusted Oakland personal injury attorney. We handle all kinds of serious personal injury and wrongful death cases. With offices throughout Oakland and the Bay Area we are always nearby. Call us for a free initial consultation to discuss your case. We work on a contingency fee basis which means that you will never pay any legal fees unless we recover money for you on your case. Your case will be handled from start to finish by an experienced and knowledgeable attorney. We will give you the respect and attention you deserve. We are very aggressive attorneys who will fight for your rights.

Amusement Park Accident - "Merry Mixer"

David Silva — Wed, 06 Oct 2010 02:45:00 GMT

October 5, 2010 - Three adults and two children were injured at Frightland, a seasonal haunted attraction in Middletown, Delaware, at about 8:43 p.m. on Saturday night. According to reports, an independently operated ride that was part of a small Halloween-themed carnival just outside the Frightland complex caused the injuries. The Delaware State police said a ride known as the "Merry Mixer" malfunctioned. Witnesses reported that a section of the ride collapsed and then flipped over. The ride is similar to the more-familiar rides called the "Scrambler" and the "Sizzler." However, each ride is manufactured by a different company. The five injured riders were transported to a hospital for treatment of their injuries. The severity of their injuries was not reported. The incident has been ruled accidental. Investigators will still try to determine what caused the ride to fail. The State Fire Marshal's office will conduct the investigation. The Fire Marshal has issued a violation and a cease-and-desist order to make sure the ride does not go back into operation until all of the necessary inspections are complete. A Deputy Marshal said insurance personnel and a third-party inspector will be present at the inspection. The State Fire Marshal's office investigates all amusement park accidents where injuries are involved and it issues permits for carnivals such as the one at Frightland. A carnival employee said there would be no comments on the incident. A Frightland manager said there have been no serious problems with rides in their 14-year history. The manager also said the rides are inspected daily for safety. The other carnival rides were still in operation. Please call an experienced Oakland Personal Injury attorney if you or a loved one have been injured in an amusement park accident. The initial consultation is free. We work on a contingency fee basis, so you don't pay anything unless there is a monetary recovery on your case.

Photo: News Journal/Emily Varisco

Teen Drivers - Bay Area Car Accidents

David Silva — Wed, 22 Sep 2010 04:05:00 GMT

September 21, 2010 - An 18-year-old man was arrested on charges of driving while intoxicated, hit-and-run and vehicular manslaughter following a car accident that left his passenger dead. San Jose police officers said the 18-year-old victim was trapped inside an SUV that burst into flames after the driver crashed into a light pole. The accident occurred at about 3:00 a.m. on Tuesday. On Monday, prosecutors in Santa Clara County brought charges against a 19-year-old driver as a result of a September 16 accident that killed two of his passengers. He was being chased by CHP officers at the time of the collision. The next day, a 16-year-old unlicensed driver was arrested after a car accident in Novato that resulted in the death of one passenger and injured three others. Officers found empty beer cans and an empty liquor bottle in the vehicle. The driver is alleged to have been driving while intoxicated. These accidents are a reminder to all parents to talk to their teens about who they get in a car with. Teens should be cautioned about riding with reckless, drunk or irresponsible drivers. They can't control what the driver does behind the wheel. They can control whether or not they get in the vehicle in the first place. If they are already in the vehicle when the driver starts to do something unsafe they should demand that the driver stop immediately and/or ask to get out of the vehicle if it is safe to do so. Let them know that you will pick them up in a situation like this or make other arrangements for their safe transport. The important thing is to keep them safe. Most teens do not have a real sense of the dangers they encounter in a situation like this. If you or a loved one have been injured or suffered a wrongful death as a result of an auto accident you should call an experienced Oakland Personal Injury attorney for a free consultation.

Watercraft Accident

David Silva — Fri, 10 Sep 2010 03:50:00 GMT

September 9, 2010 - A hearing is being held at the Coast Guard District Headquarters in Alameda concerning a December, 2009 watercraft accident in which a 33-foot Coast Guard patrol vessel smashed into a private pleasure boat in San Diego. An 8-year-old boy was killed in the accident. His father testified at the hearing on Wednesday. The boy's father said there was "carnage everywhere." He said there was "glass, bodies and blood" and that he was "amazed we weren't in the water." His son died from serious head wounds. The boy's father said that the impact pinned him against the steering wheel, that he heard a crushing sound behind him as he attempted to free himself and that the whole incident seemed to take an eternity. The hearing is expected to last until Friday. Three Coast Guard members are being charged in the crash. The boat driver, a Coast Guard Petty Officer, is charged with involuntary manslaughter. An attorney for the Petty Officer said, "the family is rightly suing the Coast Guard." He appeared to be in agreement with the family's lawsuit alleging that the accident was caused by poor training and supervision on the part of the Coast Guard, visibility flaws in the design of the Coast Guard vessel and the "chaotic lighting conditions" in San Diego Harbor during an annual Christmas boat parade. The attorney said it was in the Coast Guard's interest to blame the Petty Officer for causing the accident. The Petty Officer told investigators that he was driving the boat at 18 miles per hour although some eyewitnesses said the boat was traveling at a speed of 20 to 40 knots (1 knot = 1.15077945 mph). The Coast Guard District Commander will decide if the defendants in the case will be court-martialed. A fourth Coast Guard member is facing lesser charges and is being tried separately. Please call an Oakland Personal Injury attorney if you or a loved one have a personal injury or wrongful death claim as a result of a watercraft accident.

Chemical Exposure - Ammonium Phosphate

David Silva — Mon, 30 Aug 2010 01:42:00 GMT

August 29, 2010 - One person required hospitalization after a chemical exposure incident at Pier 96 in San Francisco on Friday. According to San Francisco fire department personnel, a box filled with ammonium phosphate broke while moving across a conveyor belt at a recycling center at about 6:30 a.m. The person who was hospitalized had complaints of eye irritation. A fire department spokesperson said that approximately a dozen other individuals had their eyes flushed at the scene. The building had to be evacuated and workers were not allowed to return until the area was thoroughly cleaned. Ammonium phosphate is a white powder that is commonly used as an ingredient in fertilizers. It is a high source of elemental nitrogen. Ammonium phosphate is also used as a flame retardant in thermoplastic compositions. It is a dangerous chemical that can cause serious personal injuries due to exposure. According to the National Oceanic and Atmospheric Administration (NOAA), a division of the United States Department of Commerce, you should use personal protective equipment including a dust mask, protective gloves and goggles when handling this material. Call for medical aid if you have been exposed to ammonium phosphate. The dust from this chemical is irritating to the eyes, nose and throat. If inhaled it will cause coughing or difficulty breathing. If the dust gets in your eyes, hold your eyelids open and flush with plenty of water. If breathing has stopped, give artificial respiration to the injured person. If breathing is difficult, give oxygen if possible. Exposure to the solid form of ammonium phosphate is irritating to the skin and eyes. You should remove contaminated clothing and shoes and flush the affected areas with plenty of water. If in the eyes, hold the eyelids open and flush with plenty of water. It is harmful if swallowed. If swallowed and the victim is conscious, have the victim drink water or milk. If swallowed and the victim is unconscious and having convulsions, do nothing except keep the victim warm. Seek medical attention immediately if you are exposed to this dangerous chemical. In the event of an accidental discharge, the NOAA recommends that you stop the discharge if possible, keep people away, avoid contact with the solid and dust, isolate and remove the discharged material, notify local health and pollution control agencies and protect water intakes. You may want to call an Oakland Personal Injury attorney for a free consultation if you have suffered personal injuries as a result of a chemical exposure incident.

Sexual Abuse - Man Gropes Maternity Nurse

David Silva — Sat, 14 Aug 2010 19:27:00 GMT

August 14, 2010 - According to reports, a 31-year-old Bountiful, Utah man was sentenced to 180 days in jail after he was accused of fondling a maternity nurse who was wheeling his pregnant girlfriend into a hospital delivery room. The incident occurred on October 9, 2009 in Ogden, Utah. In June of this year, the man entered a guilty plea to a lesser criminal charge of felony attempted forcible sexual abuse. A Second District Court Judge in Ogden sentenced him to six months in the Weber County Jail after the plea. The man's attorney argued that his client's actions were caused by a brain injury he suffered 10 years ago in a car accident. The attorney further argued that the incident did not involve any force or violence on the part of his client. The man missed the birth of his child and will now be spending the next six months in jail. The District Court Judge has required that he undergo pscychosexual, mental health and substance abuse evaluations and treatment as part of the sentencing. In sexual abuse/ sexual harassment cases the accused person may be liable for civil damages in addition to the criminal charges he or she faces. Their victims may seek compensatory damages for physical and emotional injuries, medical expenses, lost earnings and other damages, including punitive damages. Many states, including California, have compensation funds for crime victims. However, most of the funds have limitations on compensation and eligibility. Perpetrators who are physicians or other health care providers may also be required to answer to state licensing boards and teachers may be held accountable by state licensing boards and departments of education. If you or a loved one have been the victim of sexual abuse/sexual harassment you should consult a trusted Oakland Personal Injury attorney who can thoroughly evaluate your case and help you determine if you should bring a claim.

Amusement Park Accidents - Tidal Wave Roller Coaster

David Silva — Fri, 06 Aug 2010 12:40:00 GMT

August 6, 2010 - A cable snapped on the Tidal Wave roller coaster at Trimper's Amusement Park in Ocean City, Maryland injuring three children between the ages of 10 and 15. The park is considered historic in that it has remained in the same family for over 100 years. The double-loop boomerang Tidal Wave roller coaster is the most popular ride at Trimper's. It was purchased in 1985. The Tidal Wave was manufactured by Vekoma Rides which is headquartered in the Netherlands. With this particular roller coaster, the train is pulled up a 116-foot incline and then released. It passes through three inversions before being pulled up another incline, then released again so that it travels through the inversions in reverse. The ride was closed for inspections and repair after the incident. Please call a trusted Oakland Personal Injury attorney for a free consultation if you have been injured as a result of an amusement park accident or have suffered personal injuries as a result of a dangerous product.

Dog Bites / Other Animal Attacks - Update

David Silva — Fri, 06 Aug 2010 01:18:00 GMT

August 5, 2010 - A 52-year-old Concord man has pleaded not guilty to felony charges of child abuse or neglect and owning a mischievous animal causing death. The man appeared in a Martinez courtroom today to enter his plea. On July 22, three of the man's five pit bulls killed his two-year-old step-grandson. Prosecutors in the case revealed that the dogs had previously killed three family pets in the home, including two dogs and a parrot. All of the pit bulls were euthanized after mauling the young boy. The Concord man is currently out of jail after posting $120,000 bond. He is represented by a public defender and did not comment based on his attorney's advice. Please call an experienced Oakland Personal Injury attorney if you would like to discuss your dog bite / other animal attack claim for personal injury or wrongful death.

Medical Malpractice / Elder Abuse

David Silva — Thu, 05 Aug 2010 05:24:00 GMT

August 4, 2010 - A Los Altos nursing home was fined $100,000 for alleged negligence that resulted in the death of an 85-year-old man who resided at the facility. An investigation by the California Department of Public Health concluded that the nursing home staff failed to provide adequate supervision and assistance to a resident with a history of falling. In December, the elderly man who suffered from dementia called for help after a fall. He claimed not to have struck his head when a nurse assistant found him on the floor. Hours later the man was ill and unresponsive. He died from head injuries the next day at a hospital. The executive director at the nursing home plans to appeal because he does not agree with the investigation's findings. If you or a loved one have a personal injury or wrongful death claim as a result of elder abuse or medical malpractice, please call an Oakland Personal Injury attorney for a free consultation.

Aviation Accidents

David Silva — Tue, 03 Aug 2010 11:49:00 GMT

August 3, 2010 - A 19-year-old UC Berkeley student died in a plane crash with 151 other people on Wednesday when an Airbus A321 crashed into the hills overlooking Islamabad, Pakistan. The woman had just finished her freshman year and was reportedly on her way home to play in a championship soccer game. Reports say her team won the game and dedicated it to her. According to the Civil Aviation Authority, the plane had been ordered to utilize an alternative approach to the runway at an Islamabad airport but apparently veered off its course. The plane lost contact with the control tower during stormy weather, officials said. Pakistani authorities called the Airblue plane crash the single deadliest aviation accident in the country's history. On Saturday, recovery workers found the "black box" in the wreckage and said it appeared to be in good condition. A data analysis may offer clues about why the plane crashed, but it could take weeks to decode the data. An experienced Oakland Personal Injury attorney could help you or a loved one with your personal injury or wrongful death claim