An auto accident in Orange County last Friday night has left the driver dead and his passenger badly injured. According to KABC News, the driver was traveling at a high rate of speed on Bristol Street in Costa Mesa when he apparently lost control and crashed his BMW M6 into a tree. In spite of the fact seat belts were worn and the air bags deployed, the driver died at the scene and the passenger reportedly sustained head trauma and broken ribs.

An elderly woman was killed on Sunday night after a traffic accident on Interstate 10 near the Palm Springs city limits. According to the report by the Press Enterprise, the 77-year-old victim was not wearing a seatbelt while riding as a passenger in a BMW that rolled over several times. Citing official sources, the Press Enterprise article indicates the victim, Maria A. Mendoza, was ejected from the vehicle after the BMW was struck by a Mitsubishi Gallant.

A math teacher at an Orange County community college was killed in a hit-and-run accident on Wednesday morning. According to the Long Beach Press Telegram, the victim of the accident has been identified as 47-year-old Elane Logay, a part-time instructor at Santa Ana City College. The accident happened at about 11:15 a.m. at the intersection of Carson Street and Clark Avenue near Long Beach City College.

On Monday, a 27-year-old woman was killed in Temecula after a driver ran a red light and broadsided her vehicle. According to the Press Enterprise, the driver of a pickup truck heading west on Rancho California Road ran a red light at Town Center and collided with the victim's Pontiac sedan as it pulled out of a shopping center driveway.

On Saturday night at about 10:00 p.m. a limousine caught fire on the San Mateo Bridge in Hayward, leaving five women dead including a recent bride. According to NBC News, there were nine passengers aboard the 1999 Lincoln Town Car limousine when it caught fire.

Very early Monday morning a hit-and-run driver ran a red light in Riverside, striking a car and killing both of its occupants. According to the Press Enterprise, the accident happened at about 12:30 a.m. when a truck heading west on 14th Street ran the stoplight at Sedgwick Avenue.

A new study by the Texas Transportation Institute at Texas A&M University has revealed that hands-free texting is really no safer than typing messages into the phone. The hope was that the latest technology, voice-activated texting might just solve the problem of driver distraction. According to an article in the Washington Post, the first major study on the subject has found that hands-free texting is every bit as dangerous as typing a text message.

A head on collision occurred late last night in Orange County, and tragically the two drivers were killed. According to KTLA News, the accident happened on Jamboree Avenue in Tustin when a driver traveling the wrong direction struck another vehicle head-on. The wrong-way driver, identified as Kaelyn Fergeson, was apparently involved in a minor collision on Jamboree near Michelle Drive before she re-entered Jamboree heading the wrong way.

An unidentified bicyclist was struck and fatally injured early Monday morning in Pomona. According to KABC News, the collision occurred at the intersection of Valley Boulevard and Dupont Street shortly after midnight. The driver of a Mercedes Benz, 25-year-old William Johnson, reportedly struck the cyclist as he was riding eastbound in the westbound lanes of Valley Boulevard.

A head-on collision in Orange County resulted in the deaths of two people early Tuesday morning. According to KTLA news, the accident happened in Laguna Beach on Laguna Canyon Road at about 6:40 a.m. The driver of a Tesla, Dr. Robert M. Pettis, apparently veered into oncoming traffic and hit a Honda Accord head on.

Separate collisions arising from the same accident left two people dead early this morning in Granada Hills. According to KTLA News, the tragedy started when an unknown vehicle rear-ended a tractor-trailer combination on the westbound 118 freeway. The semi-truck was able to pull off the freeway, but the unknown vehicle was struck from behind by a Toyota Celica.

A single car accident led a driver to abandon her vehicle on the southbound 605 Freeway in Whittier early this morning. What happened next, according to the KTLA news report, was tragic, and two people lost their lives after running into the abandoned vehicle.

A tragic accident in an Alabama airport has claimed the life of a 10-year-old boy and badly injured his mother and two of his brothers. According to the Associated Press/Yahoo News, the accident happened Friday when a 300-pound arrival-departure panel fell away from the wall and landed on top of five members of the Bresette family, including 5th grader Luke who apparently died at the scene.

In a federal court trial taking place this week, a jury has been listening to a hotly contested civil rights/wrongful death claim arising from the shooting of 35-year-old Douglas Zerby. According to the report in the Long Beach Press Telegram, Derby was shot while in his backyard in 2010 while holding a "pistol-grip" hose nozzle. Zerby's family claims he was shot by Long Beach police officers without any warning and likely when his hands were raised.

Late Monday night a pedestrian was killed in a collision involving a minivan in the City of Cypress. According to the Orange County Register, the victim was identified as 45-year-old Steven Hinkel, who was pronounced dead at the scene. The driver of the van was not injured in the crash and they have not been charged with any crime. The investigation is still pending and anyone with any information should call the Cypress Police Department Traffic Safety Bureau at 714-229-6634.

Early Sunday morning two drivers were killed after they both got out of their vehicles following an accident in Long Beach. According to the Long Beach Press Telegram, the two victims had been involved in a crash at about 3:00 a.m. on the southbound 710 Freeway, just north of its junction with the 405 Freeway, when another vehicle was hit and launched into them.

A 65-year-old man was killed Wednesday morning by a hit-and-run driver while crossing a street in the Inland Empire. According to the Press Enterprise, the accident happened at about 5:20 a.m. when Thomas Fletcher, Jr., was crossing Highway 74 at its intersection with Highway 79 in Green Acres, which is west of Hemet. Fletcher was reportedly crossing the street toward an AM-PM market when the accident occurred.

man and woman were struck and killed in Irvine this morning by a young male driver who inexplicably veered off a roadway. According to the Orange County Register, a 17-year-old driver was reportedly on his way to school when the Honda he was driving suddenly left the road, went up on a sidewalk and into some shrubs. The accident happened on Eastwood near the Venta Spur trail.

According to NBC News one person was killed and two other motorists were hospitalized this morning after a three-vehicle crash on La Tuna Canyon in the Sun Valley area. The collision reportedly occurred at approximately 7:45 a.m., and the roadway was being kept closed until completion of the accident investigation. The injuries to the surviving victims are believed to be moderate to severe.

KTLA news is reporting a horrible accident at a La Canada Sport Chalet store occurred Friday morning at about 10:00 a.m. Apparently, two store employees went into a utility room to check on reports of a gas smell emanating from the room. The employees, one a 27-year-old woman and the other a 30-year-old man, were able to shut off the gas leak but upon leaving the room the gas flashed and the room exploded. The victims suffered second and third degree burns over 50 to 80% of their bodies. It

According to the Press Enterprise, a 25-year-old Fallbrook resident was killed on Tuesday when he ran into the rear of cement truck stopped on Anza Road near Temecula. The victim, identified as Cort Hedrick, was traveling northbound in an SUV when he struck the rear of the cement mixer that had stopped in the middle of the road. Citing official sources, the Press Enterprise has reported the cement truck had its hazard lights operating at the time of the collision.

Two people died after a dramatic crash in Sun Valley today. KABC News has reported the accident occurred in the 7500 block of North Glenoaks Avenue when a Honda Element reportedly jumped the curb, before violently impacting a tree and bursting into flames. Both the driver and the passenger perished, and investigators suspect that, given evidence at the scene, speed may have been a factor. The precise cause of the fatal crash is still under investigation and the police have yet to rule out dra

A suspected drunk driver has landed himself in the hospital, and his female passenger has perished in a crash this morning at about 1:30 a.m. According to KABC news, the 22-year-old driver, who has yet to be identified, will be arrested on manslaughter charges once he is released from the hospital. The crash happened on Van Nuys Boulevard near Friar Street in the City of Van Nuys, just after the suspect sped past a police vehicle and then lost control. The vehicle struck a curb and then flew

According to a report in the Press Enterprise, two people were killed last evening in a head-on collision near Lake Elsinore. The tragic crash reportedly occurred 8:00 p.m. near Grand Avenue and Adelfa Street. The two vehicles collided on Grand Avenue, and the victims, identified as William Messemore, 40, and Mathew Camili, 25, both of Lake Elsinore, were pronounced dead at the scene.

The Sun has reported that the suspect in a fatal shooting outside of a Colton bar has been arrested near the Mexican border. The shooting occurred just after 1:00 a.m. on Friday (January 25th) just outside the Linko's Cocktail Bar. The suspect, 25-year-old Larry Flaco Morales, has been booked on suspicion of murder. The Sun report indicates the killing may have occurred after a fight at the bar.

The Banning-Beaumont Patch has reported a tragic accident in Redlands that took the lives of three people on Thursday morning. Two vans, one a minivan carrying eight people, collided head-on while traveling on Orange Street near the Santa Ana River bridge. According to the news report, all three of the victims who were killed were riding in the northbound minivan and none was wearing a seatbelt.

According to KTLA news, a police pursuit in the City of Pasadena on Christmas has left two people dead.  The victims, a boy 11 years old, and a woman, 26 years old, were among the five occupants of a minivan that was struck by an SUV fleeing the police.  Apparently, the SUV had failed to stop at a stop sign earlier and was being chased by police when it ran through a red light at the intersection of Claremont Street and Marengo Avenue, where it struck the minivan.  KTLA, citing police sources, has reported that the occupants of the minivan were family members visiting Southern California from the San Francisco area.  The three surviving passengers in the minivan and all four occupants of the SUV were taken to the hospital for treatment.  Since none of the occupants of the SUV would admit they were the driver at the time of the crash, all four were arrested and booked for murder.

LIABILITY FOR THE FATAL CRASH

In the case above, it might seem the City of Pasadena would have some responsibility for the collision and the damages sustained by the victims and their families.  However, as a public entity, Pasadena is fairly well protected from liability because of governmental immunities.  Those legal protections generally require certain policies and training be in place relative to police pursuits before they become operative.  The liability of the driver and perhaps owner of the of the SUV would seem fairly easy to establish.  The driver, whichever of the four occupants it was, reportedly failed to stop for a red light, a violation of California Vehicle Code Section 21453.  That violation of the traffic laws should be enough to establish the driver was negligent and therefore liable for the accident.  Since the occupants of the SUV have thus far refused to cooperate with police in identifying the driver at the time of the collision, the victims and their families would likely need to file suit against all of the occupants. The burden would then be shifted to these defendants to identify the driver or jointly suffer the consequences of an adverse judgment.

WRONGFUL DEATH CLAIMS

As a result of this tragic crash, two lives were cut way too short.  Their families would certainly have the right to pursue wrongful death claims.  The parents of the 11-year-old and the husband/children of the woman killed would be the likely plaintiffs in any such action.  As a society, we exact justice collectively by way of a criminal conviction and the individual victims and their family members may seek civil justice by way of a lawsuit.  In those types of cases, the families are compensated for the lost relationship with their loved ones, including the loss of financial support that would have been provided by the decedent.

When a wrongful death case is pursued, an experienced personal injury attorney can be of assistance in evaluating those claims.  Often the potential recovery is dictated by the closeness of the relationship between the plaintiff and the decedent and the extent of financial support that was provided in the past and would likely have been given the future.  Attorneys with experience at handling these wrongful death cases have the insight necessary to assess their value and collectibility 

SOURCE:  WOMAN, BOY KILLED IN PASADENA PURSUIT CRASH, KTLA News, December 26, 2012, by Kellan Connor

According to a report by the Press Enterprise, a 52-year-old motorcyclist was killed Tuesday in a traffic collision along a busy street in Ontario.  Citing official sources, the Enterprise reported that the victim, Robert John Tangredi, was pronounced dead at a local hospital about 3 hours after the collision.  The accident happened just after 9:00 a.m. in an industrial area at the intersection of Parco Avenue and Francis Street.  It is unknown what caused the accident, but it does not appear anyone was cited in relation to the incident.

Motorcycle Accident Risk

Riding a motorcycle on city streets carries a significant risk of injury and death.  It is no wonder some people say there are only two types of motorcycle riders: those have been down and those who are going down.  While deaths from automobile accidents have been on the decline recently, the number of motorcycle crash-related deaths has been on the rise.  According to the Centers for Disease Control and Prevention, motorcyclist death rates increased 55% from 2001 to 2008 (1.12 per 100,000 persons in 2001 to 1.74 per 100,000 persons in 2008).  To reduce the risk of a serious or fatal accident, riders should always wear a DOT approved helmet.  Head and neck injuries are the second most common type of injuries sustained by motorcyclists in nonfatal collisions, according to recent studies.

Responsibility For This Tragic Accident

While it is unknown what specifically caused this fatal accident, from a review of the accident scene it appears only one of the parties would have been required to stop at the Parco and Francis intersection.   Although the streets are relatively straight and flat, there are trees that line Francis which could affect a driver's or rider's ability to see cross traffic at the intersection.  Visibility is often a factor in the happening of auto versus motorcycle accidents.  Motorcyclists should always think about that aspect of being a rider and do what they can to maintain their visibility while on the road.  To assess liability for the accident above, a personal injury attorney can analyze the subject Traffic Collision report, witness statements and accident scene photographs to determine whether a wrongful death action would be meritorious.  

SOURCE:  ONTARIO: Traffic wreck kills motorcyclist, December 13, 2012, Richard Brooks

 

A 53-year-old woman pled guilty to vehicular manslaughter charges earlier today in connection with a fatal DUI collision on December 7th.  According to the Press Enterprise, the Defendant, Theresa Jean Estes, may face up to 10 years in prison for the crash that took the life of an 18-year-old girl, Ashleigh Brooks of Lake Elsinore.  The incident occurred when Estes pulled out in front of Brooks on Highway 74 Spring Street, near the City of Perris.  The cars collided and then Brooks' Honda was involved in a secondary collision with a truck.   Brooks had been headed home for a birthday dinner at the time of this tragic crash.

DUI Crashes Occur With Alarming Frequency

According to the story above, the drunk driver was apparently on probation for a prior DUI conviction at the time of the December 7th collision.  If that were not enough, her own family lost one of its members - her father - in an alcohol related accident.  In spite of all this, Estes got behind the wheel of her car drunk and took the life of a teenaged girl.  The prevalence of accidents caused by impaired drivers is difficult to understand when so much information is available to the general public about the enormous suffering such behavior can cause.  The Centers for Disease Control and Prevention has reported that in 2010 more than 10,000 people were killed in alcohol-impaired driving crashes.  That number represents nearly one-third (31%) of all traffic-related deaths in the United States.  Not too surprisingly, as as demonstrated by the case above, drivers with a blood alcohol content (BAC) of 0.08% or higher involved in fatal crashes were four times more likely to have a prior conviction for DUI than were drivers with no alcohol in their system.  

Civil and Criminal Responsibility

In every DUI crash involving injury to an innocent victim, the impaired driver owes a debt to society as a whole (theoretically paid via a criminal conviction) and to the particular victim and their family by way of a personal injury or wrongful death claim.  Issues of liability against the alleged DUI driver are typically straight forward, but the claims can be mired because of comparative negligence on the part of the victim and complex issues of damage assessment.  A personal injury attorney with a long history of handling these cases can be of valuable assistance in taking the necessary steps to protect your rights and ensure optimal compensation.  Contacting an Orange County auto accident attorney is often the first step toward obtaining civil justice.

SOURCE:  PERRIS: Woman pleads guilty in DUI crash that killed teen, Press Enterprise, December 12, 2012,  Sarah Burge

The Press Enterprise has reported an accident in Riverside in which a woman pushing her wheelchair-bound son was struck and killed.  The accident happened yesterday just before 5:30 p.m. on Magnolia Avenue near its intersection with McCray Street.  A pickup truck, operated by 76-year-old man from Corona, struck the woman but just missed impacting her disabled, adult son.  Both were taken to a local hospital where the woman was later pronounced dead.  The woman was pushing her son westbound across Magnolia at the time of the accident.  There is no marked crosswalk at this intersection.

Anyone with information or who witnessed the accident should call Detective Rick Prince at 951-826-8722.

Intersection Accidents Involving Pedestrians

As you might expect, intersection accidents involving pedestrians are not uncommon.  It is often assumed that someone crossing the street outside of a marked crosswalk is solely responsible for any accident that occurs.  That is not, however, the law in California.  In automobile-versus-pedestrian accident cases, the appellate courts have held that the driver of a car must, in order to avoid liability, keep a proper lookout for persons on highway.  Even though the driver may be traveling at lawful rate of speed, he still remains bound to anticipate that he may meet persons at any point on the roadway.  

Factors To Be Considered in Determining Liability

In the case above, regardless of whether the driver was obeying the speed laws, he may still be found negligent in relation to the accident.  For example, if the woman and her son were visible for more than 100 feet (which is about the distance headlights will illuminate the roadway ahead) a driver traveling at the posted speed limit (35 mph in this case) would have at least two seconds to avoid the accident.  If it can be shown the visibility was even greater or his speed slower then the wrongful death claim against the driver would be strengthened.  It should be kept in mind that pedestrian visibility is one the leading pedestrian safety problems at intersections.  Pedestrians often assume they can be seen for a greater distance than they are actually visible.

An experienced Orange County Car Accident Lawyer with experience handling this type of case can be of assistance in evaluating wrongful death and pedestrian accidents like the one above.   A free consultation is available to injured parties and the families of accident victims.

SOURCE:  RIVERSIDE: Mother Pushing Wheelchair is Hit, Killed, David Keck, Press Enterprise, December 6, 2012

According to the Orange County Register, a 55-year-old man was pronounced dead at the scene of a traffic collision in La Habra on Sunday night.  The two-vehicle crash occurred at 10:33 p.m. on Harbor Boulevard and Arbolita Drive.  Citing official sources, the Register  reported that one of the vehicles actually rolled off the roadway.  The deceased driver has been identified as Oscar Rodriguez of Buena Park.  The driver of the second vehicle involved in this Orange County auto accident was reportedly uninjured.  The La Habra Police Department is investigating the accident as a possible DUI.

Traffic Fatalities Actually On The Decline

According to statistics published by the California Office of Traffic Safety, the number of fatal automobile accidents and the number of DUI fatalities occurring on California actually decreased, as of the time the numbers were last reported.  In 2010, California’s traffic fatalities decreased 11.9 percent, reaching their lowest level since the federal government began recording traffic fatalities in 1975.  Alcohol-impaired driving fatalities (fatalities in crashes involving a driver or motorcycle rider with a blood alcohol concentration (BAC) of 0.08 or greater) dropped by 14.4 percent from 924 in 2009 to 791 in 2010.   The 2010 figure is the lowest DUI death total ever.  In spite of this trend, nearly every week a fatal or serious-injury automobile accident is reported in Orange County.  While the recent numbers are encouraging, if we can further diminish the number of alcohol and drug-related crashes, we can greatly diminish the risk we all take while behind the wheel.

Fault For This Accident

A complete accident reconstruction will likely be necessary in order to completely understand this tragedy and assign liability for Rodriguez' death.  At this point, we do not know which of the drivers, if either of them, may have been impaired behind the wheel.  In addition to the impairment issue, there is also the fact the roadway where there this accident happened is curved, and the roadway was wet from the rain.  With all of these factors to be considered, fault for this accident will require a detailed analysis.

Assuming the accident was caused by the neglect of the surviving driver, Rodriquez' family would be legally entitled to pursue a claim for wrongful death.  Assessing the liability picture and the potential damage recovery is something that can be addressed by an experienced Orange County injury attorney.

SOURCE: 55-year-old man dies in La Habra crash, Orange County Register, Alejandra Molina and Sean Emery, December 3, 2012

 

Late Saturday night a substance abuse counselor was arrested after alleging killing a man while driving drunk in Torrance, according to a news report on KTLA.    The suspect, 51-year-old Sherri Wilkins, is accused of hitting a pedestrian and then driving for roughly two more miles with the victim embedded in her windshield.  Witnesses surrounded Wilkins' car at the intersection of Crenshaw Boulevard and 182nd Street and detained her until police arrived.  The 31-year-old victim, Philip Moreno, was pronounced dead at a local hospital.  According to the news report, Wilkins' blood-alcohol content was more than twice the legal limit.  She is a third-striker according to the news report and has been charged with murder.

A memorial fund has been set up for Moreno and donations may be made at the following:

TCCU (Torrance Community Credit Union)
Phillip Moreno Memorial Fund
Account # 953531-02
(310) 618-9111

Drunk Driving and Fatal Accidents

According to the Centers for Disease Control and Prevention, about 30 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver every single day.  This amounts to one death every 48 minutes.  In the case above, it is hard to imagine that an experienced substance abuse counselor would not appreciate the risk created when driving impaired.  In spite of the good she may have done in the past, Wilkins will likely be remembered for her role in bolstering the fatal DUI statistics mentioned above.  This tragic accident was entirely avoidable, and now we can never restore what the Moreno family has lost.

Wrongful Death Compensation In California

Since no criminal conviction and no amount of money will turn back the clock, the only thing we can do as a society to bring justice to the family of someone who died as a result of careless or criminal behavior is to compensate the survivors with money damages.  To some extent, at least as far as financial support is concerned, those damages may assist the family members in living the lives they would have enjoyed but for their loved one's death.  For example, money can be set up in a structure for young children so they can be provided at least adequate living conditions and an education.  For very small children this is often done by way of an annuity purchase that will provide for the children during their minority and even through their early adulthood.  Beyond this, surviving family members are entitled to be compensated for the loss of the love, society, care, comfort and affection the decedent would have provided...a difficult task.

In evaluating the potential recovery in a wrongful death case, an experienced personal injury attorney can provide essential guidance.  There are no formulas for calculating the value of a lost relationship and it is instead something that can be discerned best by experience with similar cases.  Every situation is different, and complicated issues of liability, damages, earning capacity and present value must be carefully addressed.

SOURCE:  KTLA News, " Substance Abuse Counselor Charged in Deadly DUI Crash", November 28, 2012.

 

 

According to KTLA news and the Belmont Shore-Naples Dispatch, two men were instantly killed and a third died in the hospital as a result of a traffic collision in Long Beach Saturday night.  The first two victims, Mark Martineau, 36, and Richard McAleavey, 54, were declared at the scene of the accident in the 2900 block of Redondo Avenue.  Reportedly, Martineau lost control of his  Dodge Ram when trying to change lanes, causing the vehicle to careen over a sidewalk and into a pylon beneath the 405 Freeway.  Another passenger, 36-year-old Terrence Harris, was badly injured and succumbed to his injuries on Sunday afternoon.  The crash is under investigation, but the driver may have been speeding and lost control in wet weather.  The Long Beach Police Department would like witnesses to call them at (562) 570-7355.

LONG BEACH TRAFFIC ACCIDENTS

According to the California Office of Traffic Safety, the City of Long Beach ranks 10th/9th out of the 13 cities in Los Angeles County with a population of more than 250,000 residents, in terms of injury and fatal accidents.  In 2010, there were 1,874 injury or fatal accidents in Long Beach.  Of those accidents, 254 were reportedly speed related, as may have been the case in the accident above.  From a quick review of the scene via Google Maps, there does not appear to be anything unusual or dangerous about this particular area of Redondo Avenue.  To the contrary, the roadway appears flat and straight with virtually no obstacles of any kind.  Absent other information to the contrary, this tragic, triple-fatality accident would appear to be the result of driver negligence.

WRONGFUL DEATH RECOVERY

The families of McAleavey and Harris would appear to have the right to pursue claims for wrongful death against the insurance carrier for Martineau and/or his estate.  Under California law, surviving family members (typically the spouse and children) have the right to pursue claims for the loss of the society, care, comfort, affection, love and support their loved one would otherwise have provided.  Claims such as this are generally unlimited in terms of the amount the family can recover, except in the context of a medical malpractice case.  What does impact the recoverable compensation are factors such as the amount the deceased provided in the way of financial support and the closeness of the relationship with the family left behind.

An experienced Orange County personal injury attorney is perhaps in the best position to assess the above factors and the best approach to a wrongful death claim.  

A man who was riding a lawnmower in Laguna Woods was killed when he was rear-ended by a vehicle. Jose Lopez, 58, was driving his riding mower south on Avenida Sevilla and was apparently attempting to move around a parked car when an 86-year-old unidentified driver struck his lawnmower, ejecting him from the vehicle. He was transported to the hospital where he was pronounced dead.

Maria Lemus-Tellez, 44, of Anaheim, was pronounced dead at the scene. An unidentified 18-year-old male suffered serious injuries and was taken to an area hospital. There is no word on his condition. Two lanes of the collector road were closed while the police investigated the crash site.

A Las Vegas family is still searching for answers about their loved one who died following an ambulance crash. 63-year-old Dorothy Anita Gray's daughter says that her mother was having a seizure when the ambulance carrying her was hit by a pickup in northwest Las Vegas.

A five-car collision yesterday morning in the City of Orange has left one woman dead and several others injured.  The accident happened at about 11:00 a.m. at the intersection of Tustin Street and Taft avenue, not too far from The Village mall.  According to news reports, a female driver who ran a red light and triggered the accident died at the scene.  That motorist, 30-year-old Xuan Tran, was apparently traveling eastbound on Taft toward its dead end at Tustin, and for some unknown reason drove through the red light at a high rate of speed without even turning her vehicle.  Tran's car, a small Toyota, then struck a red pickup truck heading south on Tustin which in turn hit another vehicle heading the opposite direction.  Anyone who witnessed the collision is urged to contact the Orange police at 714-744-7444.

See the Orange County Register article and photograph HERE.

It would be easy to assign responsibility for the accident to Tran and simply leave it at that.  However, this accident calls for a detailed investigation into Tran's actions and activities in the hours and minutes that led up to the accident. There are a host of possibilities as to why this young woman would have driven straight into cross-traffic at a dead end street: medical issues caused her to lose consciousness, a mechanical failure caused a steering/braking failure, driver inattention, texting while driving, etc.  In all likelihood, the Orange Police Department will perform a detailed mechanical inspection on the Tran vehicle to determine whether some sort of problem with the car contributed to the happening of this tragic collision.  In addition to that, the police will likely attempt to piece together the last days and/or hours of Tran's life to see if something might explain what could be considered suicidal or reckless actions. Among other things, this will entail some forensic toxicology to determine whether alcohol, medication or drugs played a role.

Compensation for the victims of auto accidents involving reckless or even careless  drivers should be an important concern for everyone.  When a driver like the one above runs a red light , for whatever reason, they or some other responsible party should be held accountable.  An Orange County traffic accident attorney with experience at handling intersection accident cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling personal injury cases, including auto accidents caused by mechanical failures and reckless drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a serious or fatal automobile accident?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
 

According to news reports, a San Bernardino County Deputy Sheriff was involved in a rearend, three-vehicle collision that killed a 38-year-old woman this weekend in Victorville.  The victim, Vanessa Rosales, reportedly died at a hospital approximately 45 minutes after the the crash at 8 p.m. on Sunday.  The collision happened on Air Expressway about a quarter-mile west of Village Drive.  The deputy's patrol car rearended a Honda, and that collision caused the Honda to veer into oncoming traffic where it struck a Mercedes.  Rosales was a passenger in the Honda, and the other two occupants sustained mild to moderate injuries.  The driver of the Mercedes, the sheriff's deputy and a juvenile prisoner all sustained minor injuries.  The cause of the accident is still under investigation.

See the Press Enterprise story HERE.

While this tragic accident is still under investigation, under California law there is a presumption of negligence on the part of the deputy sheriff.   Generally speaking, there is a permissible inference of negligence from the fact of a rear-end collision requiring some explanation or excuse from the driver of the rear car.   Ordinarily, in a collision in which a following motorist collides with the rear end of a vehicle ahead the happening of the accident s some evidence of negligence on the part of the following motorist.  In cases in which the rear car has collided with a stopped or stationary vehicle, the courts have applied the doctrine of res ipsa loquitur and have held that an inference arises that the collision was caused by some negligent conduct on the part of the driver of the rear car, which can be rebutted.  It is not clear from the description of the accident above whether the Honda was stopped when hit by the police cruiser, but there is at least an inference of negligence on the part of the deputy at this point.  The Rosales family and the other victims in this crash are entitled to a fair and complete investigation of the cause so the responsible party can compensate them as well as the law allows.

Compensation for the victims of preventable, rearend automobile accidents should be an important concern for everyone.  When a careless driver causes a crash and a death results,  he or she should be held accountable.   An Orange County wrongful death lawyer with experience at handling auto accident cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling auto accident cases, including those involving rearending drivers.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a serious or fatal rearend automobile accident?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Last Wednesday, a solo traffic accident involving a 19-year-old driver in Valley Village resulted in the tragic deaths of two women who had come to the driver's aid.  According to news reports, the driver of a white SUV, traveling at perhaps an excessive speed, lost control of his vehicle and crashed into a fire hydrant and light pole, knocking it to the ground.  The wire from the pole apparently electrified the pooling water around the accident scene, unbeknownst to a number of rescuers and bystanders.  When two women, Stacey Schreiber (39) and Irma Zamora (40) approached the SUV and stepped into the water, they were electrocuted and dropped to the ground instantly.  A number of other bystanders were injured by the electricity when they approached.  Schreiber and Zamora were eventually removed from the water by firefighters, and sadly both died shortly after being transported to a local hospital.

See the KTLA/Los Angeles Times news story HERE.

The precise cause of the crash has yet to be determined, but preliminary reports suggest excessive speed on the part of the SUV driver was at least a contributing factor.  This incredibly tragic story not only evokes sympathy for the victims and their families, it raises important legal questions.  Perhaps one of the most interesting questions is one of liability.  Should the driver of the white SUV be liable for the two deaths and the injuries sustained by rescuers if it is shown he was negligent in causing the accident?  Under California law, there is little doubt a firefighter or police officer would be precluded from recovery against the driver since they assume the risk of such injury by virtue of their jobs.  However, private rescuers (such as Schreiber and Zamora) and their families may recover if it can be shown they did not act rashly or recklessly during their rescue efforts.  Here, the electrified water was a danger not readily apparent to bystanders as evidenced by the number of people who were electrocuted so it would seem none of the rescuers (particularly Schreiber and Zamora) acted in a rash or reckless manner in trying to come to the aid of the SUV driver.  It appears the rescue doctrine would permit a recovery under these circumstances.

Compensation for rescuers and their families should be an important concern for all Californians.  When a private person comes to the aid of a negligent driver and is injured or killed as a result, the one who carelessly caused the accident should be held accountable.  An Orange County injury lawyer with experience at handling traffic collision and rescue cases can make a fair assessment of these claims. Mr. Ralph has more than 21 years of experience handling automobile accident cases, including those raising legal issues like the one above.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been injured or killed while rescuing someone following an avoidable accident?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Early Sunday morning, two construction workers were hit and killed by drunk drivers on the northbound 405 Freeway in Torrance.   According to KTLA news, citing official sources, the two cars entered a closed portion of the 405 freeway and collided with each other.  The vehicles then spun into the construction zone and struck the two construction workers, killing the two innocent victims.  The two workers, Ramon Lopez, 56, of Chino Hills, and Ricardo Zamora, 58, of Winchester, had been retained for the job through CalTrans.  

See the KTLA news story and video HERE.

Also on Sunday, a 42-year-old was reportedly killed by a DUI driver while pushing his bicycle in Lytle Creek.  The victim, Dondi Allen Quimby, was walking with a woman shortly before 1 a.m.  The alleged DUI driver,  twenty-year-old Matthew Harry Eldridge of Rancho Cucamonga, was arrested at 2:05 a.m. and booked for investigation of felony drunken driving and vehicular manslaughter.  According to the Press Enterprise, citing a CHP source, the area of Lytle Creek Road has a narrow shoulder and is very dark.

See the Press Enterprise story HERE.

In the first accident, it is almost incomprehensible that two drunk drivers would manage to crash into one another and then cause a multi-fatality accident involving two pedestrians.  If that were not enough, a third driver, also reportedly intoxicated, struck a pedestrian pushing a bicycle and killed him.  All three of these drivers will likely be facing wrongful death lawsuits by the families of Lopez, Zamora and Quimby.  Under California law, the surviving family members have the right to be compensated for the loss of the society, care, comfort, love, affection and support of their deceased relatives, if the deaths occurred because of negligence or during the commission of an unlawful act.  Assuming that Gomez, Casenta and/or Eldridge are convicted of felonies in relation to the happening of these collisions, any suit for wrongful death would necessarily receive priority trial setting preference by the court.  

Compensation for the victims of fatal automobile accidents caused by an intoxicated driver should be an important concern for all Californians.  When an intoxicated driver causes a tragic accident like the ones above, the responsible parties should be held accountable.  An Orange County wrongful death lawyer with experience at handling traffic collision cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling Orange County personal injury cases, including those involving DUI drivers.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a family member because of an intoxicated driver?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

 

 On Saturday morning a tragic accident allegedly caused by an intoxicated driver took the life of a 5-year-old girl and badly injured other members of her family.  A Frazier Park woman, Jessica Louise Cowan, has been charged with murder in the hit and run accident that occurred near the intersection of 17th Street and Spurgeon in Santa Ana.  The little girl, Osmara Madrigal, 5, was walking to Norms Restaurant for pancakes with her family when Cowan reportedly blew through a red light and struck the family.  Osmara died at the scene, her sister Grace, 6, suffered critical head trauma and the girls' mother, Eloisa Madrigal, 45, also suffered head trauma and was in "extremely critical" condition.

The Santa Ana Police Department has set up a fund to help the Meza family.  If you would  like to help the family, please go to: http://www.sapdf.org/tragedy/

Nothing can be more devastating than losing a child...especially in such a senseless, tragic accident.  Because of this driver's alleged intoxication, the Mesa family will never be the same, and it will take every ounce of their strength to move on with their lives.  The duration of the injuries to Grace and Eloisa are likely to be life-long, and only the best medical care will help.  To say the least, if convicted, Cowan will deserve every bit of punishment the criminal and civil justice systems will allow.  Perfect justice will never be achieved as we simply cannot turn back time and undo this enormous tragedy, but we have an obligation to the family to do all we can.

Compensation for the victims of serious or fatal automobile accidents caused by an intoxicated driver should be an important concern for all Californians. When a driver operates their vehicle recklessly or while impaired so as to cause a tragic accident like the one above, they should be held accountable.   An Orange County DUI accident attorney with experience at handling wrongful death cases can make a fair assessment of these claims.   Mr. Ralph has more than 21 years of experience handling Orange County automobile accident cases, including those involving wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of an intoxicated driver?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Late Saturday night a suspected drunk driver plowed his vehicle into a crowd near a taco truck in Boyle Heights, killing two people.  According to news reports, the female driver, now facing felony charges, was being followed by CHP officers because of her erratic driving, speeding and weaving in and out of lanes on the northbound 5 freeway.  The suspect, 38-year-old Elba Jimenez of Upland, ignored officers' attempts to pull her over as she exited the freeway at Cesar Chavez Avenue, ran a red light and crashed into the parking lot.  Marlene Alatorre, 19, and Claudia Fernandez, 38, were killed in the accident.  Two victims inside the taco truck, a man and a pregnant woman, were taken to L.A. County Medical Center for their injuries. Alatorre's family is accepting donations for funeral services.

See the KTLA news story and video HERE.

This shocking and tragic story is becoming all too familiar.  An alleged drunk driver causes a fatal collision and his changed so many lives in the process.  According to the news reports, Alatorre leaves behind a 1-year-old baby, who will never know their mother.  Few things in this world could be more tragic than the loss of a young mother who leaves behind a small child.  Because of Jimenez' selfish acts, both the Fernandez and Alatorre families can never be the same.  While monetary compensation is far from perfect justice, this is the only thing that can be given to these two families to perhaps make their lives at least a little more comfortable than they would be without it.  Nothing can fairly compensate a family for the loss of their loved one's society, care, comfort, affection, love and support.

Compensation for the victims of fatal automobile accidents caused by a drunk driver should be an important concern for all Californians.  When a driver operates their vehicle recklessly or while impaired so as to cause a serious or fatal accident, they should be held accountable.  An Orange County auto accident attorney with experience at handling wrongful death cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving wrongful death.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an DUI accident?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

A 43-year-old man died on Sunday night following an altercation with police in which the man was shocked with a taser.  The subject, Hutalio Serrano, had been contacted by Colton police after a 9-1-1 called was placed, reporting a family disturbance.   According to a report by KTLA news, Serrano apparently refused to obey the officers' commands and became combative, resisting their efforts to calm him down.  During the altercation, an officer deployed his taser at least once on Serrrano without success.  It reportedly took three officers to subdue and handcuff Serrano who continued to resist even after he was restrained.  According to the news report, Serrano suffered some sort of medical emergency after being arrested and had to be transported to Loma Linda university Medical Center where he was pronounced dead a short time later.

See the KTLA news story and photographs HERE.

When an incident like the one occurs, the question of whether the amount of force used by the police was reasonable comes quickly to mind.  With a family disturbance call, officers are often thrust into violent situations.  however, the use of force used by police officers to overcome any violence directed at them must be reasonable.  'The 'reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.  From the description of the incident above, we simply do not know how much force was reasonable and whether deployment of a taser (perhaps multiple times) was warranted.  Beyond that,  where an officer intentionally or recklessly provokes a violent confrontation, if the provocation is an independent Fourth Amendment violation, he may be held liable for his otherwise defensive use of deadly force.  In other words, an officer may be liable for using deadly force if his own actions provoked (violence or an escalation in the violence) from the party being apprehended or arrested.

Compensation for the victims of excessive force by the police should be an important concern for all Californians. When someone being taken into custody is unnecessarily injured or killed by the police, the police department should be held accountable for all of the injuries and damages sustained. An Orange County civil rights attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of police brutality?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

 

On Sunday at about 1:00 a.m., a horrific, solo car accident in Fontana resulted in the deaths of four teenagers.  According to a story published in the Press Enterprise, the four victims (including two sisters, ages 16 and 18) were riding in a Chrysler Sebring when the driver apparently lost control and struck a train trestle at Foothill Boulevard and Lime Street .  All four of the teens were residents of Fontana.  The Chrysler caught fire as a result of the impact.  The Fontana Police Department is still investigating the accident.

See the Press Enterprise story HERE.

From a Google maps aerial view of the crash site, it appears the area is relatively straight and flat.  However, Foothill Boulevard does go downhill as it passes under a bike trail and the train trestle.  It is not known what caused the driver of the Chrysler to lose control, but speed is often a contributing factor in crashes like this.  Additionally, when a downhill is combined with an already high speed, the result may be a loss of control, as gravity and inertia affect a driver's ability to steer their vehicle.   It is highly likely, given the tragic nature of this accident, that the Fontana Police Department will undertake a complete accident reconstruction to determine the most likely cause.

Compensation for the victims of automobile accidents caused by a careless driver should be an important concern for all Californians. When a driver operates their vehicle in such a manner to cause a serious or fatal accident, they should be held accountable.  An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

 Have you or a loved one been injured or killed in an Orange County motor vehicle accident?

 Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Yesterday, the Orange County District Attorney's office announced that two of the Fullerton police officers involved in the Kelly Thomas beating were being charged with, among other crimes, involuntary manslaughter.  Officer Manuel Ramos was charged with second degree murder and with involuntary manslaughter and Officer Jay Cicinelli was charged with involuntary manslaughter and battery by a police officer. 

See the Los Angeles Times story HERE.

As for the crime of involuntary manslughter, it seems somewhat puzzling at first blush why that charge would be leveled against the officers.  However, under California law involuntary manslaughter is defined as the unlawful killing of a person without malice "in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection." (California Penal Code, § 192, subd. (b).).  According to case law, the definition of the crime can be otherwise stated this way:  if a misdemeanor such as simple assault, battery or unlawful discharge of a firearm results in death, the homicide may be involuntary  manslaughter.  Similarly, if someone lawfully acts in self-defense but uses excessive force, the homicide may be involuntary manslaughter. By definition, involuntary manslaughter is an unintentional killing.

To support a theory that someone used excessive force while acting in self-defense, there must be evidence from which a jury could find the nature of the attack did not justify the resort to deadly force in self-defense or that the force used in self-defense exceeded that which was reasonably necessary to repel the attack.  Deadly force is justified only to repel an attack which is itself deadly or likely to result in great injury. .

In the Thomas case, there appears to have been reason for the Fullerton Police to contact Thomas in order to investigate a report that he or someone looking like him was burglarizing cars.  Assuming that Thomas resisted the efforts of the police to investigate (and there is at least some indication he ran from them), then they were entitled to use a reasonable amount of non-deadly force to detain and/or arrest him.  However, the conduct of Ramos and Cicinelli as described by the District Attorney's office would seem to go well beyond what was reasonable or justified in these circumstances, perhaps fitting the definition of involuntary manslaughter. 

The reasoning behind the other two charges of second degree murder and battery by a police officer in the performance of his duty seem obvious.  If this was a murder, it is unlikely it was committed with premeditation and deliberation, the requirements of first degree murder.  Under California, law any murder not meeting the technical definition of first degree murder is considered murder in the second.  Assuming that Cicinelli went beyond the force reasonably necessary to effect the detention/arrest of Thomas, then the force he used would be unlawful and considered a battery. 

Compensation for the victims of excessive force by the police should be an important concern for all Californians. When a member of the public is subjected to police brutality, the police department should be held accountable and compensation paid to the victim or the victim's family. An Orange County civil rights attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of police brutality?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

A hit-and-run accident in Huntington Beach left a young woman dead from her injuries early Friday morning.  According to a story in the Huntington Beach Independent, the 24 year-old woman, Oriana Millan, was struck along with her companion, Harlan Coffman, while at the intersection of Brookhurst Street and Atlanta Avenue.  Millan was pronounced dead at the scene, and Coffman was taken to a local hospital with what were described as non-life threatening injuries.  Anyone with further information is asked to please contact the Huntington Beach Police Department, 714-536-5666.

See the Independent story HERE.

In another tragic accident, a female passenger was killed when the reportedly intoxicated driver of the car in which she was riding crashed into a tree and a retaining wall.  According to a story in the Orange County Register, the accident happened when the driver, Justin Drake, was apparently speeding on Malvern westbound near Woods Avenue in the City of Fullerton.  The female passenger was in critical condition at the scene and was transported emergently to the hospital, where she later died of her injuries.  Drake was arrested on suspicion of felony DUI.  Anyone with further information is asked to please contact the Fullerton Police Department, 714-738-6716.

See the Register story HERE.

Both of theses accidents appear to have been the product of careless, if not reckless, driving.  In the first story, the driver left the scene of the collision and then reported to police he thought he had struck an animal in the road.   The flight and the seemingly ridiculous story of running over an animal tend to demonstrate consciousness of guilt.  In the Fullerton accident, the driver apparently exhibited signs of intoxication at the scene and was consequently arrested for felony DUI.  In both instances, these drivers will face not only the prospect of serious criminal charges, but the very real possibility of civil lawsuits for wrongful death, which may include a claim for punitive damages.

Compensation for the victims of automobile accidents caused by a driver’s negligence, should be an important concern for all Californians.  When a driver negligently or recklessly causes a traffic accident and death results, the driver should be held accountable.  An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including those for wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Has a loved one been killed in an automobile accident involving an impaired or reckless driver?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Three women were killed early today when the driver of a Wal-Mart tractor-trailer apparently rear-ended a slow moving Nissan pickup truck on the 57 Freeway in Glendora.  Fox news, citing official sources, has reported the accident occurred at about 3 a.m. on the southbound freeway near Auto Center Drive.  The pickup truck was described as having slowed to around 5 miles per hour for some sort of mechanical problem.  The impact was so severe it ruptured the pickup truck’s gas tank, and the vehicle burst into flames with three female passengers still inside.  All of  the victims, ranging in ages from 47 to 62, were pronounced dead at the scene of this horrific tragedy.

See the Fox news story HERE.

The precise cause or causes of this very sad accident will likely be determined by a detailed accident investigation and reconstruction.  Given the time of the accident, it will be important to determine whether the pickup truck had lights operating at the time and whether the Wal-Mart driver was using his headlights.  Skid marks and witness statements will likely aid in determining the speed of the two vehicles just before the collision. 

Another issue that comes to mind in an early morning collision like this is driver fatigue.  According to the U.S. National Highway Traffic Safety Administration (NHTSA), drowsy driving is a serious problem that leads to thousands of automobile crashes each year.  A typical crash related to sleepiness has the following characteristics:

The accident above appears to have a number of these characteristics: the accident was serious, the Wal-Mart driver was alone and the crash occurred on a high speed road.  A detailed, forensic investigation will likely reveal whether this horrific accident was caused by driver fatigue.

Compensation for the victims of truck accidents caused by a driver’s negligence and/or driver fatigue, should be an important concern for all Californians.  When a careless driver negligently or recklessly causes a traffic accident and death results, the driver should be held accountable.  An Orange County wrongful death attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including those involving fatigued, negligent drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile accident involving a fatigued or negligent driver?
 

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A Nevada trucking company vehicle reportedly crashed through crossing gates and into an Amtrak train on Friday, June 24th.  According to news reports, the the train was en route from Chicago to Emeryville, California when the accident occurred in Churchill County, Nevada.  The train was apparently carrying approximately 200 passengers Friday morning when the big rig plowed into one of its cars, killing the driver and five people on the train, as well as injuring about one hundred others.  A driver working for John Davis Trucking Co. of Battle Mountain was at the wheel of the tractor-trailer combination when the accident occurred.

See the Associate Press/MSNBC report HERE.

According to the news reports, the train was traveling at about 78 miles pert hour when the accident happened.  While it may take weeks, if not months, to determine the crash, initial news reports suggest the crossing gates and signals were operating correctly at the time of the collision.  Since the accident occurred at about 11:25 a.m. and visibility was described as clear, it is easy to imagine that driver inattention or fatigue could have caused this accident.  However, it is also possible the driver had some sort of medical condition that prevented him from reacting to the gates and presence of the train in time to avoid the accident.  Obviously, the faster the big rig was traveling the less time the driver would have had to perceive and react to the situation ahead of him.  There was a report that 320 feet of skids were left by the truck at the scene, but it was not clear if those were skids leading up to the point of impact or those from the big rig being dragged some distance by the speeding train.  In any event, it does not appear the Amtrak train would have had sufficient opportunity to avoid this collision, given its speed and the reported conduct of the truck driver.

Compensation for victims of truck driving accidents, caused by a driver’s negligence, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and strikes a another vehicle, especially one carrying a large number of passengers, they should be held accountable.  An Orange County trial lawyer with experience at handling truck accident cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a truck accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

An arrest has been made after one man was killed in a dispute outside the Albatros Mexican restaurant in Lake Forest on June 11th.  The victim,  26-year-old Elvis Kechechian of Mission Viejo, was fatally stabbed outside the restaurant after an altercation began inside.  A second victim was taken to the hospital in critical condition.  KTLA news reported the suspect, Justin Tombleson, has been taken into custody and charged with the murder.  Tombleson appears to have a history of violent crime, going back to 2003, at least according to a search of the Orange County Superior Court website.

See the KTLA story HERE.

Aside from Tombleson’s potential liability for the stabbings, the Albatros restaurant may also have exposure to a civil lawsuit for wrongful death, and for the injuries sustained by the critically injured victim.  Depending on what went on inside the restaurant before the violent altercation outside, the owner of the Albatros could be liable for having been negligent in failing to protect to the two victims.  This liability, if any, will depend on the nature of the altercation inside, the length of time over which it took place and the steps taken, if any, by employees of the Albatros to prevent the death and serious injuries that eventually did occur.

Compensation for the victims of violent crimes that occur on a business owner’s property should be an important concern for all Californians.  When a proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

• Have you or a family member been a victim of a violent crime that occurred at a business establishment?Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A pedestrian was struck and killed this morning in Hollywood, near the busy Hollywood and Highland intersection.  A taxi traveling north on Highland Avenue at about 4:45 a.m. struck a man who was crossing the street north of Hollywood Boulevard, according to the Los Angeles Times and CBS News.  The victim, a man approximately in his 30s to 40s, died at the scene, according to official sources.

See the LA Times story HERE and the CBS news report (with video) HERE.

The news stories above reported that it was dark outside at the time of the accident, and it is unknown what role, if any, lighting played in the happening of this tragic collision.  The intersection of Highland and Hollywood Boulevard was also described as “busy”, and it is not yet known if traffic conditions contributed to the occurrence of the accident.  In all likelihood, the investigation into the tragedy will include a sight-distance analysis as well as a human factors evaluation.  If the pedestrian could be seen in the road for longer than two seconds prior to the impact, then the driver’s attention will be called into question, particularly if his speed was relatively slow.  For example, the amount of time it takes the average driver to perceive and react to a danger is about 1.5 seconds.  Consequently, if a pedestrian is visible in the roadway ahead of a driver for 2 seconds or more then the driver should have time to take evasive action and avoid a collision.

Compensation for pedestrian victims of automobile accidents, caused by a driver’s negligence, should be an important concern for all Californians.  When a driver’s inattention causes him to strike a pedestrian, they should be held accountable.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling auto accident and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in a pedestrian versus motor vehicle accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

At about 2:00 a.m. yesterday, a dispute broke out inside the Albatros Mexican Restaurant located on Rockfield in Lake Forest, resulting in the fatal stabbing of a patron.  According to a report by KTLA news, Elvis Kechechian, 26, of Mission Viejo tragically died from his wounds inflicted after the argument got physical outside the restaurant. Another victim was rushed to a local hospital in critical condition.   Kechechian had been coaching ice hockey at Santa Margarita Catholic High School since 2010, according to school officials.  He was described and will be remembered as “compassionate, dedicated, sweet and soft-spoken, Elvis was proud to be part of Santa Margarita’s ice hockey program and enjoyed celebrating the successes of the players and team,” the school’s statement said.

See the KTLA story HERE.

It is currently unknown what exactly transpired inside the Albatros restaurant, but apparently the argument must have been intense as it ultimately resulted an extremely violent altercation just outside.  The attacker, or attackers, would obviously be liable both civilly and criminally for the death and critical injuries inflicted, and at least potentially the restaurant owner/operator could be exposed to civil liability for the damages resulting from this violent altercation.  Under California law, a business proprietor owes a duty to their patrons to take reasonable steps to secure common areas against foreseeable criminal acts of third parties that are likely to occur in the absence of such precautionary measures.  If the place or character of the business, or the proprietor’s past experience, is such that they should reasonably anticipate criminal conduct on the part of third persons, either generally or at some particular time, the business operator may be under a duty to take precautions against it, and to provide a reasonably sufficient number of  employees to afford reasonable protection.  In other words, if a business operator is aware a criminal assault is likely to occur or is occurring on their property they must take reasonable steps to prevent harm to their patrons.  This duty may obligate the business to provide security officers or, at a minimum, notify the police when necessary.  A failure to fulfill this duty is negligence for which the business owner may be held liable.

Compensation for the victims of violent crimes that occur on a business owner’s property should be an important concern for all Californians.  When a proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a violent crime that occurred at a business establishment?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A 33 year-old woman from Chula Vista,  Cheronna Marie Williams,  who underwent a stomach-banding surgery in Tijuana died during the procedure on May 26th.  The San Diego Union Tribune reported that Williams’s family has filed a complaint with the Baja California Attorney General’s Office against Dr. Pedro Kuri, a Tijuana physician with years of experience in Lap-Band surgery who operates at a reputable private hospital.  The Attorney General’s office has launched an investigation into the matter.

See the Tribune story HERE.

The lap band procedure involves the placement of an inflatable device around the top portion of the stomach, via a laparoscope.  Small holes are placed in the patient’s abdomen and through those holes a camera and instruments are passed in order to place the band.  This type of bariatric procedure is used to treat patients with obesity and other, related conditions such as diabetes and hypertension.   This surgery is generally utilized only after less invasive methods of weight loss, such as diet and exercise, have failed.  Unfortunately, some physicians performing the lap band do not always provide the best surgical care, either during the procedure or following its completion.  For example, patients can die from intra-operative complications related to anesthesia, blood loss or post-operative infection.  Before undergoing this procedure, patients should ensure their doctor is well-qualified and the facility at which the surgery is done is well-equipped to handle most medical emergencies.

Compensation for victims of medical malpractice, resulting in serious personal injury or death, should be an important concern for all Californians.  When a physician fails to comply with the standard of care required during or after an invasive procedure, they should be held accountable.  An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling medical negligence and other personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical malpractice occurring during bariatric surgery?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The driver who is the focus of the investigation into the Newport Beach crash in January that left three people dead had antipsychotic drugs in her system, toxicology tests have found.  According to an article in the Orange County Register today, Julie Allen, 27, was behind the wheel of  her car at a high rate of speed with the drugs Olanzapine (marketed as Zyprexa) and Quetiapine (marketed as Seroquel) in her blood when the accident occurred.  Both drugs are typically used to treat bipolar disorder and other mental problems and can cause drowsiness, according to the National Institutes of Health.  The toxicology results also revealed “critical low” levels of sodium and glucose in Allen’s system.  Additionally, there were unusually high levels of the thyroid-stimulating hormone (TSH) which may indicate an under active thyroid gland, something that can cause fatigue and difficulty concentrating or thinking.

See the full Register story HERE.

It is presently unknown which, if any, of these medications or medical conditions caused or contributed to the happening of the accident.  Because Allen was killed, the answer may never be known.  However, what is known is that Allen’s vehicle was traveling very fast when it apparently went out of control and set off a tragic chain of collisions.  The other two victims who perished in this terrible accident were not to blame, nor were any of those injured in the crash.  In any civil case arising from this tragedy , it would have to be shown by a preponderance of the evidence that Allen was negligent in causing or contributing to the happening of the accident.  Given her speed and the fact that her vehicle crossed over the median, it would seem a logical inference Allen was at least careless in the operation of her car.  A more detailed toxicologic evaluation would likely have to be done to determine whether medication or a medical condition played some role.  At this point, any such conclusion would appear to be speculation.

Compensation for the victims of automobile accidents caused by a driver’s negligence, should be an important concern for all Californians.  When an impaired driver negligently or recklessly causes a traffic accident and serious injuries or death result, the driver should be held accountable.  An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including those for wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile accident involving an impaired driver?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

At about 1:40 a.m. this morning, a man walking on an unlit roadway near Santa Clarita was fatally struck by a motor vehicle.  According to a news report in the Los Angeles Times, the accident occurred on Bouquet Canyon Road near Shadow Valley Lane, when the pedestrian was hit by a southbound 1989 Mercedes Benz traveling about 50 mph.  Citing official sources, the Times reported that the 24 year-old man, whose identity was not yet released, was pronounced dead at the scene of this tragic accident.  A witness described the victim as having been walking south on the road before the collision.  He was apparently wearing dark clothing and there are no street lights in the area when he was struck by the vehicle, being driven by a Saugus man.  The accident is still under investigation, and no citation was issued to the driver.

See the Times story HERE.

From a view of the area of the accident (via Google maps), it appears the collision took place near a mobile home park on a fairly winding part of Bouquet Canyon.  The posted speed limit looks to be 40 miles per hour and the roadway is relatively flat, with no apparent visual obstructions.  Additionally, it looks like there is ample room on the shoulder of the roadway for a pedestrian to safely walk.  It is unknown where the actual impact occurred or why the driver was apparently traveling 10 miles per hour over the posted speed limit.  Responsibility for the accident will likely hinge on a detailed reconstruction, lighting (both headlights and ambient lighting), speed, and perception-reaction time, as well as other principles of a human factors analysis.

Compensation for pedestrian victims of automobile accidents, caused by a driver’s negligence, should be an important concern for all Californians.  When a driver operates their vehicle negligently and strikes a pedestrian, they should be held accountable.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in a pedestrian versus motor vehicle accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Press Enterprise has reported that an SUV crashed broadside into a car last night at an Ontario intersection, killing a backseat passenger.  Citing official sources, the Enterprise identified the victim as 60 year-old Jose Cortez of Ontario.  The collision reportedly occurred at the intersection of Euclid and Philadelphia Streets at approximately 9:00 p.m.

Citing coroner’s deputies, the Enterprise article described witnesses as having said the driver of a black 1999 Dodge Durango was traveling southbound on Euclid Street to eastbound Philadelphia Street at a high rate of speed and lost control.  The driver of a silver 1996 Honda sedan was westbound on Philadelphia Street when it was struck broadside by the Durango.  According to the article, Ontario police are investigating the case.

See the Enterprise article HERE.

From Google maps, the configuration of the intersection of Euclid and Philadelphia in Ontario is fairly unusual.  There are a large number of travel lanes and completely separated turning lanes on Euclid for north and south traffic.  Those turning lanes appear to be somewhat obscured by bushes and trees, and the configuration as a whole could lead to driver confusion, although it is not known what caused the driver of the Durango to veer out of control.  Assuming the witness statements are correct and the Durango was traveling at a high rate of speed, this could have contributed to a loss of control, especially if the driver was also confused by the intersection itself.

Compensation for the victims of tragic automobile accidents like the one above should be an important concern for all Californians.  When a driver causes an injury or fatal accident, they should be held accountable.  While no amount of money can fairly compensate the family for this devastating loss, monetary compensation is what the civil justice system can offer.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a loved one in an automobile accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Orange County Register has reported that a 3 year-old girl has succumbed to injuries she sustained in a tragic automobile accident Sunday afternoon in Tustin.  The little girl, Milena Avila, was taken to Western Medical Center in Santa Ana in critical condition after the crash at Edinger Avenue and Kensington Park Drive at 4:40 p.m. Sunday.  According to official sources cited by the Register, Avila was in her car seat at the time of the collision.  In spite of this, she passed away at the hospital approximately 3 hours after the collision.

See the Register story and photographs/video HERE.

From the photographs published by the Register, it appears this was a broadside collision in which a later model Acura TL struck the passenger side of a Honda Accord.  Avila was apparently a passenger in the Accord.  From photographs at the scene and Google maps, the intersection appears to be relatively flat and free of visual obstructions.   Kensington Park Drive actually ends at its intersection with Edinger.  It is unknown whether there were any witnesses to the accident (not riding in one of the two vehicles) or if the investigating police officers have been able to secure statements from the parties involved, in light of the fact they were reportedly injured in this accident as well.

Compensation for the victims of tragic automobile accidents like the one above should be an important concern for all Californians.  When a driver causes an injury or fatal accident, they should be held accountable.  While no amount of money can fairly compensate the family for this devastating loss, monetary compensation is what the civil justice system can offer.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to a KTLA news story, a hit-and-run driver struck three bicyclists, killing one of them, before being arrested by police at his home in Ventura last night.  KTLA has reported that authorities identified the suspect as 49-year-old Satnam Singh.  In addition to bicyclists, Singh reportedly struck occupied motor vehicles while behind the wheel of his Hummer.  The victim kiled was 20-year-old Nick Haverland.  Singh was reportedly booked on felony drunk driving, hit and run and gross vehicular manslaughter while intoxicated, officials said.

See the KTLA news story and video HERE.

Given his alleged conduct behind the wheel, Singh could be facing significant convictions in criminal court.  For example, in California a conviction of gross vehicular manslaughter while intoxicated can carry a sentence of up to four years in prison.  Beyond the criminal penalties Singh may face, he could also be held civilly liable for the injuries and damages he caused while behind the wheel.  This would include the potential for being found liabile for the wrongful death of Haverland.  An action for wrongful death by the Haverland family could potentially include a claim for puntive damages, in addition to compensation for the loss of the society, care, love and affection of the victim.

Compensation for the victims of  hit and run accidents should be an important concern for all Californians.  When an intoxicated and reckless driver causes an injury or fatal accident and then flees the scene, they should be held criminally and civilly accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a  hit-and-run automobile accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Press Enterprise has reported a couple was killed late Friday night near Temecula when the car they were driving was reportedly struck head-on by a hit-and-run driver.  Citing official sources, the Enterprise reported the victims in the crash, Carlos and Laurie Castro (both in their 50s), were driving a 2004 Honda Civic east on Glenoaks Road west of Bella Vista Road, just a few miles from their home when the crash occurred.  A westbound 1997 Chrysler Sebring apparently crossed into their lane, striking the Castros' car head-on.   The driver of the Sebring was described by witnesses as getting out of his car and running from the accident.  According to police, an open container of alcohol was found in the vehicle.  Both Castros died at the scene.  Citing the CHP's incident information website, the Enterprise story describes the suspect as a Hispanic male, about 30 years old, 5-foot-10, 190 to 200 pounds, with dark, wavy hair, wearing an orange and white striped shirt and white tennis shoes.  Police are asking for the public's assistance in apprehending the suspect.

See the Enterprise story HERE.

While the accident is still under investigation, it would appear the unidentified driver of the Sebring caused this accident by perhaps committing two unlawful acts:  driving while under the influence and violating the Castros' right of way by crossing into their lane.  Assuming that the suspect was under the influence (which may difficult to prove at this point), then he could be charged with a number of felonies relative to this accident.  Unfortunately, a conviction will not actually compensate the Castros' family for their loss.  A civil action for wrongful death would have to be pursued in order to recover monetary compensation for the family.  Under California law, the surviving family members are entitled to seek damages for the loss of society, care, comfort, affection, love and support lost as a result of the fatal accident.  While juries are not called upon to assess the value of human life in such cases, they are assigned the difficult task placing a monetary value on the lost relationship, which is all the law allows.

Compensation for the families of fatal hit and run accident victims should be an important concern for all Californians.  When a carelessly causes an automobile accident and then flees the scene, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a loved one to a fatal automobile accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

   

KTLA news has reported  that the search is on for the driver of a SUV that struck and killed a 6 year-old girl in South Los Angeles.  The victim, Kemberly Arrue, was playing with a ball near her home in the 600 block of West 49th Place around 10:00 p.m. yesterday when the ball rolled into the street.  Arrue was struck by a dark-colored SUV, but the driver never stopped.  The Los Angeles Police Department is asking for the public's help in identifying and locating the driver.   The only description of the vehicle is that it was dark colored and likely has front-end damage.

See the KTLA news story and photograph HERE.

This tragic accident is one that pulls at the heart strings.  It is shocking to think of a driver being so callous as to hit a little girl, 6 years of age, and not even stop to help.  From the Google Earth view of the neighborhood, the street is narrow and there are only single family homes nearby.  It would not appear to have been difficult to identify the girl's home and her family, after the accident.  While  little more than speculation at this point, it seems a logical inference the driver was in the process of doing something illegal behind the wheel of the SUV (either speeding or driving while intoxicated) at the time of the accident.  In fact, the driver's flight from the scene may even be used in court as evidence of "consciousness of guilt."

Compensation for victims of fatal hit and run accidents should be an important concern for all Californians.  When a driver negligently causes an accident and then flees the scene, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile versus motorcycle accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Orange County Register reported  a fatal motorcycle accident occurred this morning on the 91 freeway in Anaheim.  The collision reportedly happened at about 7:45 a.m. this morning just east of North Imperial Highway, when the motorcyclist apparently ran into a silver BMW.  The impact caused the motorcycle rider to fall hard and, in spite of being rushed to Western Medical Center, he died of his injuries at the hospital.

See the Register story and photographs HERE.

The details of how this tragic accident occurred are not yet known.  From photographs taken at the scene, it appears the rider was wearing a helmet as one can be seen on the ground next to where his bike came to rest.  Motorcycle safety has been and is currently a major concern for the National Transportation Safety Board.  From 1997–2008, the number of motorcycle fatalities increased 150 percent, an increase that far exceeds that of any other form of transportation.  Although the number of motorcycle fatalities decreased in 2009, the number of motorcycle fatalities in any recent year has been more than double the number of deaths the same year from accidents in aviation, rail, marine, and pipeline combined.

In 2009, more than 4,400 motorcyclists died in crashes, and motorcycle fatalities accounted for 13 percent of all motor vehicle crash fatalities. Although rising motorcycle use may partly explain this trend, increases in fatalities have outpaced increases in activity measures, such as motorcycle registrations and vehicle miles traveled.

According to the National Highway Traffic Safety Administration (NHTSA), head injury is a leading cause of death in motorcycle crashes.   The use of a safety helmet, one that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218, is the “single critical factor in the prevention [and] reduction of head injury."  The above information and even greater detailed can be examined at the official NTSB website.

Compensation for victims of motorcycle traffic accidents, should be an important concern for all Californians.  When a driver negligently causes an accident with a motorcyclist, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile versus motorcycle accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

KTLA news reported today that a man accused in a fatal hit-and-run Friday night was caught after he drove his damaged car through a DUI checkpoint.  The suspect, Isidro Peralta, 25, was stopped at a checkpoint near Avenue J and Genoa in Lancaster around 11:30 p.m.   Deputies spotted blood, a shattered window and other front end damage to his 1996 Ford Mustang.  After retracing Peralta's route, deputies found the body of a 50-year-old man at the intersection of 10th Street West and Avenue J-8.  Peralta was arrested on suspicion of gross vehicular manslaughter, felony hit-and-run and felony driving under the influence.

See the KTLA news story HERE.

While the accident is still under investigation, it appears there is strong evidence to believe Peralta was responsible for causing this victim's death while under the influence and behind the wheel of a car.  California Vehicle Code Section 23153 provides in part:

(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

As for vehicular manslaughter charge, California Penal Code Section 192 provides that a death caused while the defendant is in the commission of an unlawful act while behind the wheel, resulting in death, may be charged with vehicular manslaughter.  In the case referenced above, Peralta's blood alcohol level will be an important fact in establishing any criminal case brought against him for vehicular manslaughter.  Likewise, in a civil case, these same facts will be important in determining whether Peralta was at least negligent in the operation of his vehicle.  Since the KTLA story makes no mention of witnesses to the accident, the driver could defend himself by arguing, while he may have been intoxicated, the accident was not actually caused by his neglect.  Without witnesses, this could prove to be a difficult civil case for the victim's family and they would likely need the expert testimony of an accident reconstruction expert and an expert in toxicology/human factors.

Compensation for victims of fatal automobile accidents, caused by reckless or intoxicated drivers, should be an important concern for all Californians.  When a driver operates their vehicle while under the influence and causes a fatal accident, they should be held accountable.  An Orange County wrongful death attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including those arising from fatal automobile accidents.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Has a loved one been the victim of a  fatal motor vehicle accident caused by an intoxicated driver?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

 

According to a story in the Press Enterprise, a San Bernardino Superior Court judge ruled today that two men will be tried on charges of vehicular manslaughter in the death of a professional bicyclist in Highland.  Patrick Roraff and Brett Morin, both 19, each face a single count of manslaughter in the death of Jorge Alvarado in April 2010.  After a preliminary hearing, Judge John Martinruled that there was sufficient evidence for the two defendants to be tried on the charges.  Authorities contend Roraff and Marin were traveling about 70 mph on Greenspot Road, a narrow rural road, when Roraff attempted to pass Morin.  Roraff apparently lost control, spun across lanes and struck Alvarado, a 27-year-old Ontario resident and member of the Bahati Racing Team.

See the Enterprise story HERE.

In the case above, the two defendants have been charged in relation to Alvarado's death not because they intended to kill him, but because they were driving recklessly such that a serious or fatal accident was the probable result.  Under the California Penal Code, if a death occurs while the defendant is "driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence"  the driver may be convicted of vehicular manslaughter.  The offense which constitutes the "unlawful act" need not be an inherently dangerous misdemeanor or infraction, but it must be dangerous under the circumstances of its commission.  Here, Morin and Roraff were traveling approximately 70 miles per hour on a narrow, rural road.  Regardless of whether the two defendants are convicted of a crime, their speeding and loss of control are reflective of at least simple negligence for which they would be held liable in a civil, wrongful death case.

Compensation for victims of serious injury of fatal automobile collisions, caused by a criminally negligent driver, should be an important concern for all Californians.  When a driver operates their vehicle in an unlawful or reckless manner and causes a serious or fatal accident, they should be held accountable.  An Orange County auto accident lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including those involving serious automobile accidents.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in a motor vehicle collision caused by another’s unlawful or negligent driving?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

   

According to a KTLA news story, a pedestrian was killed after being hit by a vehicle and then dragged in Walnut Park.  The accident happened around 1 a.m. Monday at the intersection of Pacific Boulevard and California Street.  Citing official police sources, KTLA reported an SUV heading eastbound on California Street ran a stop sign, striking a pedestrian.  The vehicle then dragged the pedestrian a short distance before it hit a tree and then a wall, flipping over on its side in a parking lot.  Tragically, the pedestrian, identified only as a man in his 30s, was killed.  The driver of the SUV, a 23-year-old man, was booked on suspicion of DUI and manslaughter, according to the California Highway Patrol.  This fatal accident is now under investigation.

See the KTLA story and photos HERE.

In the case above, California law provides specific rights to the victim of a felony offense when they pursue compensation for their injuries and damages in a civil court.  For a civil damage action against a defendant based on conduct that has resulted in the defendant's conviction of a felony offense, the Legislature has eased the plaintiff's burdens by waiving filing fees (Government Code, § 70611), giving those actions calendar preference (Code Civil Procedure, § 37), and allowing a prevailing plaintiff to recover attorney fees (C.C.P., § 1021.4).  In this case, the family of the pedestrian will be entitled to the benefit of these California statutes if the driver is convicted of a felony in relation to the accident.  In that wrongful death case, the family will be entitled to recover damages for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

Compensation for the family of victims killed in an automobile accident, caused by a driver who causes the death in the commission of a felony, should be an important concern for all Californians.  When a driver operates their vehicle in an extremely reckless manner or while under the influence of drugs or alcohol and causes a fatal accident, they should be held accountable.  An Orange County wrongful death attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including those involving wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Has a loved one been lost in an accident caused by a driver committing a felony?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

   

The Orange County Register has reported today that four people died and two others were injured when a pickup truck slammed into a tree at about 1:00 a.m. this morning.  The truck, a Chevrolet Colorado, was found wrapped around the tree with the roof smashed down to the doors and beer cans strewn about, said Capt. Paul Schifando of La Habra Fire Station 193.  Reportedly, the truck was speeding down Walnut Avenue in La Habra when the driver, David Huizar, Jr., 22, lost control, slid slide ways and then wrapped the truck around the three-story tree.  Four people were pronounced dead at the scene – the driver, Huizar; Jimmy Gonzales, 22, of Buena Park; Paul Romero, 25 of Fullerton; and Delora Bravo, 22 of La Habra.  Two women, Destiney Mendoza, 25, of La Habra, and Rochelle Romero, 21, of La Habra, were critically injured in the accident and were taken to UCI Medical Center, according to official sources.  Toxicology results are pending to determine if in fact alcohol was a cause of the accident.

See the Register story and photos HERE.

Given the presence of beer cans at the scene, the age of the driver and the speed of the truck before it struck the tree, it seems likely alcohol played at least some role in the happening of this horribly tragic accident.  Assuming that Huizar was intoxicated and/or speeding before he lost control of the vehicle, those injured and the family members of the deceased victims possess valid claims against Huizar's estate and the insurance policy (if any) on the Colorado.  Monetary compensation can certainly do very little for the injured and the families who must now deal with the aftermath of this accident.  However, accountability is very important in our system of civil justice and, likewise, monetary compensation is the best we have to offer innocent victims.  Unfortunately, we cannot turn back time and undo the harm that has been done and will remain forever.

Compensation for victims of serious injury or fatal automobile accidents, caused by reckless or intoxicated drivers of any age, should be an important concern for all Californians.  When a driver operates their vehicle in a careless or reckless manner and causes a serious accident, they should be held accountable.  An Orange County wrongful death attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including those involving fatal automobile accidents.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a serious or fatal motor vehicle accident caused by another’s negligence?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

   

According to a KTLA news story, the autopsy of a woman who died after undergoing lap band surgery revealed that she died as a result of "suboptimal care".  Citing official sources, KTLA reported that the victim, Tamara Walter, 52, underwent the lap band surgery on December 22, 2010, at the Wilshire Beverly Hills Surgery Center.   During the procedure, Walters coded and was rushed to Cedars-Sinai Medical Center where she was eventually removed from life support the day after Christmas.  The coroner's report placed the blame on the anesthesiologist, identified by the Walter's family as Marina Del Rey physician Dr. Daniel Shin.  According to state medical records, Shin's medical license was under review at the time of the surgery for assaulting a process server with a meat cleaver.

See the full KTLA story HERE.

In general, during surgery it is the responsibility of the anesthesiologist to ensure the patient's vital signs remain stable and to make the surgeon aware of any significant downturn in the patient's condition.  What breach of the standard of care Dr. Shin committed, if any, will have to proven in court, assuming a civil lawsuit for wrongful death is filed.  In a civil case, the plaintiff (in this case Walter's family) must prove the defendant breached the standard of care for a specialist under the same or similar circumstances and that such negligence was the cause of Walter's death.  In order to prove that negligence was the legal cause of a patient's death in a medical malpractice action, it must be shown by competent expert testimony that the neglect was the cause of death to a reasonable medical probability.  Essentially, this standard is met if the expert testifies the malpractice was more likely than not the cause of death.

Compensation for victims of medical malpractice, resulting in serious personal injury or death, should be an important concern for all Californians.  When a physician fails to comply with the standard of care required, they should be held accountable.  An Orange County malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling wrongful death and other personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical malpractice?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

     

According to a news story reported in the Orange County Register, a 22-year-old Anaheim woman died after a suspected DUI crash in Long Beach on Friday night.  Citing official sources, the Register reported that the police responded to a call at 11:44 p.m. about a crash near the intersection of Atlantic Avenue and Wardlow Road.  The driver of a Toyota Camry was seen speeding northbound on Atlantic Avenue with its lights off.  The driver reportedly ran a red light at Wardlow Road, narrowly missing a Toyota Scion traveling westbound.  The driver of the Camry swerved to avoid the Scion and collided with a palm tree.  The driver, identified as Heriberto Cervantes, 29, of Los Angeles, and his passenger, Dana Acosta, 22, of Anaheim, were emergently transported to a hospital, where Acosta succumbed to her injuries.  Cervantes is listed in serious but stable condition.  He was taken into police custody on suspicion of felony gross vehicular manslaughter, felony drunk driving and driving on a suspended license, police said.

See the full Register story HERE.

In this tragic fatal accident, there appears to be little doubt Cervantes is liable for the wrongful death of his passenger, Acosta.  Cervantes' actions, as described in the article, are suggestive of an intoxicated driver with little to no regard for human life, not even that of his passenger.  Acosta's family likely has a cause of action for wrongful death, and they should be compensated for the loss of the society, care, comfort, affection, love and support of their deceased family member.  Obviously, no amount of money can undo the pain and loss the Acosta family has suffered and will suffer in the future.  However, in our civil justice system we must at least attempt to compensate victims for their loss and hold the wrongdoers accountable for their actions.  To do otherwise would deny a suffering family any semblance of civil justice.  It goes without saying the criminal charges that will likely be prosecuted against Cervantes will provide some measure of satisfaction, but will fall short of actually compensating the Acosta family for their loss.  This is particularly true if Acosta was providing any financial support to her family, as that economic loss should not be suffered by the family.

Compensation for victims of fatal automobile accidents, caused by an intoxicated driver's  unlawful conduct, should be an important concern for all Californians.  When a driver operates their vehicle while under the influence of drugs or alcohol and causes a fatal accident, they should be held accountable.  An Orange County wrongful death attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including those involving wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a serious or fatal motor vehicle accident caused by an intoxicated driver?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

   

The Press Enterprise has reported  that a a 6-year-old Fontana girl died earlier this week of injuries she sustained during an automobile accident in her home town.  Citing San Bernardino County coroner's officials, the Enterprise article identified the victim as Destiny Hernandez.  The accident reportedly occurred on Monday at 7:28 a.m. when she was ejected from a vehicle during the crash at Alder and Miller Avenues.   Destiny was taken to Arrowhead Regional Medical Center and transferred to Loma Linda University Medical Center where she died at 5:18 p.m. the same day, coroner's officials said.  The cause of the accident is still under investigation by the Fontana Police Department. See the Enterprise story HERE.

From a quick review of the Alder Avenue/Miller Avenue intersection in Fontana, it appears the intersection is a four-way stop.  The roadways at the intersection are flat and there do not appear to be any visual obstructions for drivers entering the four-way stop.  Additionally, these two streets intersect within a residential area, and the presumed speed limit is 25 miles per hour.  Interestingly, the intersection is scheduled for installation of traffic signals, with the project to be completed by the Spring of 2012, according to the City's official website.  The cause of this tragic accident remains undetermined, and it will be interesting to see what role, if any, the absence of traffic signals played.

Compensation for victims of automobile accidents, caused by a driver’s negligence and/or roadway flaws, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and  causes a fatal accident, they should be held accountable.  An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including those involving wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a serious or fatal motor vehicle accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to KTLA news, jury selection began this morning in the manslaughter trial of Michael Jackson's physician, Dr. Conrad Murray.  Hundreds of potential jurors will be screened in Los Angeles Superior Court. Each will be given an extended questionnaire about their knowledge in the case.  Dr. Murray has been charged with involuntary manslaughter in the June 2009 death of Jackson.  According to the article, the prosecution is contending Dr. Murray was on the phone and distracted after administering a powerful anesthetic to Jackson.  Additionally, Dr. Murray is accused of giving Jackson a lethal dose of Propofol mixed with other sedatives.

See the full story HERE.

What is perhaps most interesting about this case is the fact that in addition to Medical Board action being taken against Dr. Murray, there is a very serious criminal case pending as well.  Adminstrative actions have already been taken by the Medical Boards in California, Texas and Nevada, primarily having to do with placing limitations on the doctor's adminstration of anesthetic agents typically administered by anesthesiologists.  Dr. Murray's primary area of practice is in cardiology. 

Aside from his criminal culpability, Dr. Murray faces the very real prospect of civil responsibility in the death of Michaeal Jackson.  Jackson's father, Joe Jackson, has brought such an action, and it is currently pending in the Los Angeles County Superior Court.  In that case, it must be proven Dr. Murray failed to use the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful physcians would use in similar circumstances.  In this case, since the critical issue surrounds the adminstration of a powerful anesthetic, Dr. Murray's conduct will likely be measured against that required of a board certified anesthesiologist. This is known as the "standard of care."

Compensation for victims of medical malpractice, resulting in serious personal injury or death, should be an important concern for all Californians.  When a physician fails to comply with the standard of care required, they should be held accountable.  An Orange County malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical malpractice?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Late Thursday night, a speeding SUV slammed into a light pole at a high rate of speed, killing two women and critically injuring two other adults.  The Press Enterprise reported that a child in the vehicle, restrained in a car seat, was left unscathed in the accident occurring at unscathed, in the crash occurring at Indio Boulevard and the Monroe Street access road.  Among those reportedly killed in the collision was Andrea Arias Chavez, 36 years-old, of Coachella, according to Riverside County coroner's officials.  According to the article, the critically injured are a man and a woman.  The accident was reported by police officers who were in the neighborhood investigating a burglary alarm call when they heard the crash.

See the Enterprise story HERE.

While the exact cause of this tragic accident is still under investigation, it seems a logical inference that excessive speed may have played a role in the crash.  The vehicle was described as having been "wrapped around a light pole", and to accomplish that would likely take a significant amount of speed.  Because of the severity of the accident and the death of two people, a detailed investigation will likely be completed, including a full accident reconstruction.  In accidents such as this, the reconstruction will probably involve skid mark and metal deformation analysis, a roadway assessment (to determine if the configuration/maintenance of the roadway was a contributing factor) and the gathering of eyewitness accounts, assuming there were any.  The tragic collision reportedly happened at about 11:30 p.m. so investigators will likely interview witnesses to determine what the vehicle occupants had been doing in the hours prior to the collision.  It goes without saying, a forensic analysis of the driver's blood-alcohol content and/or testing to determine what drugs, if any, were found in the driver's system will be performed.

Compensation for the victims of motor vehicle accidents resulting in serious injury and/or death should be an important concern for all Californians.  When a driver negligently operates their vehicle, they should be held accountable for the injuries, damages and devastation they leave behind.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has nearly 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family been injured in a automobile accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

   

In an update to a story on January 21st, the Orange County Register reported today that the driver of an SUV that struck and killed an 8-year-old boy riding his bike to school was charged with misdemeanor vehicular manslaughter.  The driver, Anita Sue Cherry, has been charged with a violation of Penal Code Section 192(c)(2), vehicular manslaughter without gross negligence.  The victim, Andrew James Brumback, known as A.J., was wearing a helmet and was riding alongside his older sister, who was not injured, according to official sources cited by the Register. A.J. was transported to a local hospital, but was pronounced dead due to major internal injuries.

See the Register article HERE.

The above Penal Code Section provides that a driver may be charged with a violation if the death occurs while "[d]riving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence."  According to the prosecutor, quoted in the Register article, Cherry was looking down as she drove the intersection of Shawnee Road and Chocktaw Drive in Westminster.  Presumably, she did not run a stop sign stop or signal but was instead traversing the intersection in a careless manner, amounting to a violation of the statute.

Compensation for the victims of bicycle and motor vehicle accidents should be an important concern for all Californians.  When a driver negligently operates their vehicle, they should be held accountable for the injuries, damages and devastation they leave behind.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has nearly 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family been injured in a bicycle accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

 

The Press Enterprise reported today that a 5-year-old girl died at approximately 3:00 p.m. on Tuesday after being injured in a two-vehicle collision in Mead Valley.   Janet Gomez, of Perris, died at 3:08 p.m. at Riverside County Regional Medical Center in Moreno Valley, about 45 minutes after the collision at Kinney and Haines streets, the coroner's office said in a news release.  Janet was a passenger in one of two vehicles, reported to be a Jeep and a small sedan. Citing Fire Department sources, the Enterprise reported five other people were injured, two suffering moderate injuries, and three with minor injuries.

See the story HERE.

In an unrelated incident, a 40-year-old Hesperia man died last night after a motorcycle crash in Colton.  Citing San Bernardino County coroner's officials, the Enterprise reported the accident occurred at 5:09 p.m. Tuesday.  The motorcycle rider, John Steven Lang, was riding a 2002 Yamaha north along Iowa Street south of the Interstate-215 on-ramp when he collided with a 1997 Ford utility truck traveling in the same direction.  According to the article, the investigating police officer has apparently concluded Lang was passing on the right when he collided with the front end of the Ford utility truck.  The victim died at  5:58 p.m. at Loma Linda University Medical Center.

See the story HERE.

The above accidents are still under investigation, and it is unknown what will be determined as the primary cause of these two tragic collisions.  Since both accidents happened during daylight hours, lighting was apparently not an issue.  However, the accident involving Lang may involve a visibility issue in that the truck driver apparently did not see Lang in time to avoid the collision.  With regard to Lang's apparent passing on the right, the California Vehicle Code does contain the following relevant provision:

§ 21755.  Passing on right safely (a) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting that movement in safety. In no event shall that movement be made by driving off the paved or main-traveled portion of the roadway...

Here, it is unknown why and under what circumstances Lang reportedly attempted to pass the utility truck and whether that turning maneuver was reasonably safe.  Accident reconstruction, based on photographs, debris location, roadway marks and eyewitness accounts, will likely solve this tragic puzzle.

With regard to the accident in Mead Valley, involving little Janet Gomez, the primary cause and any related, contributing factors remain to be seen.  However, whenever a child of this age, 5 years, is the only one killed in an automobile collision the use of appropriate seating is to be considered.  In California, Vehicle Code § 27360 requires (with certain exceptions) the use of a child passenger restraint system or safety belt if the child is less than 6 years old or weighs less than 60 pounds.  It is highly likely the investigating agency looking into the Gomez accident will consider this an important factor in determining whether this tragedy could have been avoided.

Compensation for victims of automobile accidents, caused by a driver’s negligence, should be an important concern for all Californians.  The same holds true for the victim's families.  When a driver operates their vehicle carelessly a fatal accident, they should be held accountable.  An Orange County wrongful death attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a loved one  in a motor vehicle accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to a story in the Press Enterprise, last Wednesday a 57-year-old woman was killed while crossing a street to pick up her mail.  Citing police sources, the Enterprise reported the victim, Jacqueline Cramer,  was struck by a Ford Explorer at 4:41 p.m., along the 45200 block of Coeur d'Alene Drive inside Indian Springs Country Club.  In spite of being airlifted to Desert Regional Medical Center, Cramer died about three hours after the accident.  The truck was driven by a 68-year-old Indio man whose name has not been released.

See the full story HERE.

This fatal Indio automobile accident tragically demonstrates the danger all pedestrians face when crossing the street.  While the precise circumstances of this pedestrian accident have yet to be released, it is likely the responsibility will be determined only after a careful evaluation and reconstruction of the accident.  It remains to be seen whether the motorist was traveling at a safe speed and if there was sufficient time for him to have observed Cramer in the roadway, allowing for evasive action.  The Explorer's speed, the roadway configuration and the pedestrian's location in the street will all be important factors in assessing what caused this pedestrian accident.  In addition, the recount of the accident by any witnesses and their ability to observe how this accident unfolded will likely aid in determining whether negligence caused or contributed to the happening of this tragic, fatal accident.

Compensation for pedestrian victims of automobile accidents, caused by a driver’s negligence, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and strikes a pedestrian, they should be held accountable.  An Orange County wrongful death attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a pedestrian versus motor vehicle accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

   

On June 4, 2008, a 30-year-old man died on the operating table at an Inglewood home turned into a makeshift neighborhood clinic.  Earlier today, nearly three years later, a Los Angeles County Superior Court jury Friday convicted the surgeon of involuntary manslaughter.  Dr. Roberto Bonilla, 64, was found guilty in a Torrance courthouse in the death of Osvaldo Hernandez, a restaurant dishwasher from Mexico who had paid the surgeon several thousand dollars in cash to relieve a sharp pain in his belly.  On the day of the gallbladder, surgery Bonilla used lidocaine, a local anesthetic, to perform the open surgery.  According to the California Medical Board's allegations, filed well before commencement of the criminal trial, the amount of Lidocaine used exceeded the safe limit to be administered at one time, and Hernandez died of Lidocaine intoxication.

Read the story of the criminal trial HERE and the Medical Board Accusation HERE.

What the Hernandez case demonstrates is that there are licensed physicians in this State who are willing to risk their patients' lives by performing surgery under inherently dangerous circumstances.  In general, an open gallbladder procedure is a major surgery requiring administration of general anesthesia, and the full resources of an operating room, not an ill-equipped home.  Dr. Bonilla knew, or should have known, he was taking a poorly calculated risk that care beyond his immediately available resources would be needed.  When Hernandez began to seize (apparently because of the Lidocaine), Dr. Bonilla and his staff failed to react meaningfully, and when the patient required advanced cardiac life support, it was not available.  Instead, Dr. Bonilla and his staff reportedly performed CPR on Hernandez for two and a half hours, and no one called 9-1-1.

Compensation for victims of medical neglect, should be an important concern for all Californians.  When a physician takes an unjustifiable risk with their patient's life and death results, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical neglect?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

At approximately 11:15 p.m. on Tuesday night, a fiery crash along the westbound Artesia (91) Freeway in Buena Park took the life of a driver.  According to news reports citing sources from the California Highway Patrol, a van was reported on fire at 11:18 p.m. on the 91 east of Knott Avenue.  A tree also was reported on fire, and responding engine crews had several lanes of the freeway blocked at one point.  According to official sources, the man was driving in the number 3 lane at about 65 to 70 mph when his 2003 Chevrolet van caught fire.  The driver reportedly swerved to the right off the roadway, hit the shoulder wall, and crashed into a tree.  In spite of the fire department's quick response and dowsing of the flames, the victim, who has not been identified, was pronounced dead at the scene, the CHP said.  The accident remains under investigation, and witnesses are urged to call 714-892-4426 to assist.

See the full story and video at http://www.ocregister.com/news/chp-283767-right-fire.html

While the precise cause of the fire remains to be determined, it is possible the fire (since it apparently began while the driver was simply traveling down the freeway) was caused by a defect in the 2003 Chevrolet van.  Fire within a vehicle's engine compartment does not ordinarily start spontaneously unless there is an unreasonably dangerous defect with the motor vehicle.  A careful mechanical inspection by an expert, perhaps a member of the CHP, may reveal the precise cause. Ordinarily, a vehicle fire of this magnitude erupts from an impact causing the gas tank to explode.  For example, one of the most noteworthy products liability cases in Orange County history involved a 1972 Ford Pinto hatchback automobile which unexpectedly stalled on a freeway, erupting into flames when it was rear ended by a car proceeding in the same direction. Mrs. Lilly Gray, the driver of the Pinto, suffered fatal burns, and 13-year-old Richard Grimshaw, a passenger in the Pinto, suffered severe and permanently disfiguring burns on his face and entire body. Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others.  Following a very lengthy jury trial, verdicts were returned in favor of plaintiffs against Ford Motor Company.   Grimshaw was awarded $ 2,516,000 compensatory damages and $125 million punitive damages; the Grays were awarded $559,680 in compensatory damages.  The trial court effectively reduced the punitive damage award to $3 1/2 million.  (Grimshaw vs. Ford Motor Company (1981) 119 Cal. App. 3d 757)

Compensation for the victims of dangerously defective products should be an important concern for all Californians.  When a motor vehicle, or other product, causes severe injuries or death, the manufacturer should be held accountable for the injuries, damages and devastation they leave behind.  An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has nearly 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family been injured or killed by a defective product?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to news reports, a 67 year old man died Sunday from injuries he suffered when the family dog mauled him October 14th, at his nephew's home in Murrieta. Edward Mitchell reportedly dropped something in the backyard and then struggled over the object with the dog, which became aggressive.  The dog apparently lunged for Mr. Mitchell's neck and also attacked his arm and groin.  According to a family member, she had to tranquilize the dog twice as it charged at police officers.  There may have been a history of someone playing roughly with the dog, she said.  Paramedics treated Mr. Mitchell at the home for severe bleeding and a bite to the neck, Murrieta police Lt. Dennis Vrooman told reporters.  Mr. Mitchell was admitted to a convalescent home for follow-up care, and later returned to the home, where he died Sunday.  The dog was euthanized just after the attack.

http://www.pe.com/localnews/stories/pit_bull_attack.13c45023.html

While this particular dog may have had a history of showing a vicious propensity, the law does not require such evidence before imposing liability on the dog owner.  In California, a dog owner is liable the first time it bites someone, and no evidence of negligence need be presented. This is known as "strict liability".  Defenses can be raised on behalf of the dog owner, however, such as the negligence of the dog bite victim.  Any comparative negligence on the part of the victim can be used to offset the liability of the dog owner, but such defenses are rarely utilized or successful.  In the case above, the owner of the dog (presumably the victim's nephew) would be liable for the attack and the death of Mr. Mitchell.  While the precise circumstances still need to be determined, it would appear the victim was simply in the back yard trying to recover something he inadvertently dropped.  It would not seem likely Mr. Mitchell could be faulted much, if at all, for what occurred.  His surviving family members likely possess a valid claim for wrongful death, assuming the victim was not the dog's owner.

Compensation for the victims of serious or fatal dog bites is an important concern for all Californians.  When a victim is attacked and badly injured or even killed, the dog’s owner should be held accountable for any injuries and damages suffered.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a dog bite?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.