A 46 year old man from Modesto, was killed in an accident near Los Banos. The accident occurred on Highway 33 and Cottonwood Road, Thursday morning.

According to witnesses and California Highway Patrol officers, the man was riding his 2003 Harley Davidson south of the freeway. He was following several vehicles and a Peterbuilt big rig. The driver of the Peterbuilt slowed down and signaled in order to make a left turn.

The motorcyclist crossed a double yellow line and started to pass traffic. He swerved to avoid the truck when he lost control of his motorcycle. He crashed his motorcycle on the side of the big rig. Sadly, he died at the scene of the accident. His identity hasn’t been released to the public.

An investigation is taking place to confirm witness reports of the accident.

Our condolences go out to the family of the victim.

As a car accident lawyer Mountain View, I advise all motorcycle riders to adhere to driving regulations and ride responsibly.

The Consumer Product Safety Commission and the company E&B Giftware have both agreed to a settlement in which the latter will be required to pay a $550,000 civil penalty to resolve allegations that the company failed to report defects related to its fitness ball products. The defective fitness balls ended up being recalled April of 2009 after it was found that they could explode when overinflated by users. The settlement agreement allows the company to deny any allegations by the CPSC staff that it knowingly violated the law. The CPSC staff alleges that the company’s subsidiary, EB Brands, was informed of 25 incidents regarding the defective nature of the fitness ball product since 2007. The staff also alleges that the company violated federal law when it reportedly failed to report these incidents, which is required by federal law. Additionally, the company was reportedly informed of about 44 incidents related to the defective product by the time it reported the issue back in October 2008. The incidents reported included cases of unexpected injury such as fractures and bruises resulting from consumers over inflating the product and subsequently causing it to burst.

Between the period of May 2000 through February 2009 the company has reportedly sold a total of three million units of the fitness balls. Federal law requires companies to report to the CPSC any verifiable reports they receive regarding product defects within a period of 24 hours. As a personal injury attorney oakland, I understand the inherent dangers of defective products and the risks they entail. I hope this information can help raise awareness about this recalled product and keep consumers safe. If you or a loved one has been injured through the use or consumption of a defective product, speak with a oakland personal injury attorney to learn about the legal options available to you.