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.

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 woman in her early 50s was struck by a hit-and-run driver while she was walking along the shoulder of a roadway in Perris. According to the Press Enterprise, the victim was walking on the shoulder of Marshall Street near the intersection with Fisher Street when a white vehicle suddenly swerved into the pedestrian. The impact was severe, and the pedestrian suffered major injuries.

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.

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.

bicyclist riding in the Griffith Park area of Los Angeles was struck by a minivan and dragged onto the freeway on Sunday morning, resulting in life-threatening injuries. According to ABC news, the victim, Damian Kevitt, was riding his bike by a freeway onramp near Griffith Park when he was struck. The impact was severe and Kevitt was sent flying up onto the hood and windshield, before falling to the ground and being dragged for almost a quarter of a mile.

The Orange County Register has reported the happening of a fatal motor vehicle versus pedestrian accident this morning in Mission Viejo. According to the report, a man was killed after being struck by at least two vehicles while crossing a rain slick Alicia Parkway near Coronel Drive. Only two of the motorist stopped, and it is not known whether the other drivers involved were aware of what had happened. Initial reports from authorities question whether darkness and the condition of the road

ABC News is reporting that a Caltrans worker was struck Monday night in Riverside by a driver who was later arrested. The worker remains in critical condition after being hit by a westbound driver near 14th Street at about 9:30 p.m. The driver, identified as 32-year-old Enrique Lopez, was behind the wheel of his 1996 Honda Accord when he apparently veered into the right shoulder and struck the victim.

The Orange County Register has reported that a woman in a wheelchair was struck and badly injured yesterday afternoon in Laguna Hills by a hit-and-run driver.  The victim, 56 years old, was apparently struck at about 5:00 p.m. near the intersection of Call de la Plata and Calle de La Louisa, which is not far from Saddleback Memorial Hospital and adjacent to the Laguna Hills Mall.   According to the report, the victim sustained broken bones in her legs.  The driver, who stopped only momentarily before fleeing the scene, was described as an elderly male.  Anyone with information regarding the accident should contact the Orange County Sheriff's Department.

Pedestrian Safety Issues

According to the Centers for Disease Control and Prevention, there is an average of one crash-related pedestrian death every 2 hours, and a pedestrian injury every 8 minutes here in the United States.  In fact, pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash on each trip.  Not too surprisingly, older pedestrians are at a considerably higher risk of injury or death than other age groups.  While we do not know how the dynamics of the accident above, the area where this collision happened is frequently used by pedestrians traveling to and from the mall and the many doctor's offices located nearby.  Anyone driving in that area, especially someone familiar with it, should be on the lookout for pedestrians.  This is particularly true in this part of Laguna Hills since there are many elderly and disable pedestrians who may be at a heightened risk while crossing the street.

Risks of Wheelchair Travel

Given the timing of this accident, at about dusk, the visibility of the victim in her wheelchair may have been a contributing factor.  Wheelchair travel generally carries with it some inherent risks because of stability and design issues.  Among those issues, at least in this context, could be visibility.  Obviously, in a seated position the height of the pedestrian in a wheelchair is diminished and visibility to drivers might likewise be impacted.  Perhaps the  use of lights, flags and/or reflective tape on a wheelchair being operated in or near a roadway (especially at night) would lessen the risk of a collision with an automobile.  Likewise, a driver operating their vehicle near a hospital and medical offices should be aware of the increased risk of encountering a wheelchair-bound pedestrian and adjust their attention accordingly.

Determining and perhaps apportioning liability for an accident like the one above is difficult without the knowledge and experience possessed by those who routinely handle pedestrian accident cases.  An Orange County personal injury lawyer with that type of experience can provide valuable insight into such cases.   Knowing your rights is the first critical step to obtaining fair compensation for any injuries and damages you may sustain in an auto accident.

SOURCE:  Orange County Register, December 18, 2012, Salvador Hernandez

 

Police are searching for a hit-and-run driver who struck a 7-year-old girl in Santa Ana on Tuesday evening, according to KTLA news.  This horrific, Orange County accident was captured on security cameras near the scene, and police are currently looking for the driver of what they believe is a black Toyota 4Runner.  The little girl was with her mother and was running across the street to get to her home, an apartment complex on the opposite side of the street.  She is still in the hospital following surgery to relieve the swelling on her brain and is expected to survive.

Anyone with information about this tragedy should call the Santa Ana Police Department at 714-245-8665

DUTIES OF DRIVERS AND PEDESTRIANS

In general, a driver no right of way superior to that of a pedestrian, and each has equal and reciprocal rights, although driver, being in control of dangerous instrumentality capable of inflicting fatal injuries, is charged with a greater amount of care than pedestrian in order to be bound to same standards of ordinary care.  Pedestrians who cross in the middle of a block do not have an equal right to be in path of oncoming motorist, but they are not fair game for a driver who operates his vehicle without regard for what may unexpectedly appear in street.  

ACCIDENT RECONSTRUCTION AND LIABILITY

Here, from the videotape, it appears the driver is traveling faster than 25 miles per hour but is using the headlights on the vehicle.   Given the apparent speed, the driver was likely in violation of the California Vehicle Code since the accident scene was within a residential area, with a speed limit of 25 mph.  In addition to the speed, the distance at which the victim could be seen and the time the driver had to react play a role in assessing liability.  If it can be shown the driver should have seen the little girl for more than 1 1/2 to 2 seconds prior to the impact and failed to take sufficient, evasive action, the bulk of the liability would likely rest with the driver.

Any personal injury case brought on behalf of the little girl in the accident above will require careful, detailed consideration of the facts and circumstances that will ultimately be necessary to reconstruct this serious accident.  An experienced Orange County car accident attorney can be of help in assessing this type of injury case.  If you or a family member is an accident victim, you should make an informed decision about your rights and whether compensation is available for injuries and damages sustained.

SOURCE:  7-year-old Girl Hospitalized in Santa Ana Hit-and-Run, KTLA News, December 6, 2012

A hit-and-run accident in Santa Ana on Friday evening left three teenage boys in serious condition.  According to KTLA news, the three pedestrians, ages 15, 16 and 18, were struck by a motorist at the intersection of 5th and Susan Streets.  The driver swerved around a car stopped for the boys, struck the victims and then fled the scene.  Citing official sources, KTLA reported the boys were stuck, rolled up on the car and then fell to the ground.  The driver's vehicle, a gray Honda, was found abandoned and with a damaged hood some distance away.  At last report, the teens were still hospitalized.  The suspect is described as a male Latino in his 20s wearing a baseball cap.

Pedestrian Accidents

According to the Centers for Disease Control and Prevention, in 2008, 4,378 pedestrians were killed in traffic accidents in the United States, and another 69,000 pedestrians were injured.  This averages out to one crash-related pedestrian death every 2 hours, and a pedestrian injury every 8 minutes.  Pedestrians are 1 1/2 times more likely than passenger vehicle occupants to be killed in a car crash on each trip.  These numbers are shockingly high, and it is easy to see how a reckless driver can take a pedestrian's life.  In the case above, the impatience of the Honda driver has left an immeasurable impact on the lives of three young boys and their families.  While not all of the details are known yet, it sounds like the driver simply did not want to wait for stopped traffic, without considering the possibility that traffic was stopped for pedestrians.  A reasonably prudent driver would know better than to swerve around stopped traffic at an intersection.

Compensation For Victims

Victims of hit-and-run accidents and their families may recover for both economic and noneconomic damages caused by such tragedies.  Under California law, if the driver (once apprehended) is convicted of a crime the victims may rely on that conviction to prove the liability of the driver in any civil case.  However, if the driver is never identified then the victims may be able to seek compensation from their own insurance carrier(s) pursuant to the underinsured motorist provision of their automobile insurance policy.  

Legal Representation

In nearly every accident of any complexity, it is best to seek the advice of an experienced personal injury attorney to understand your rights.  Every civil case is subject to a statute of limitations and other rules regarding the prosecution of the case, depending on the type.  Understanding the time limitations, exceptions to those limitations and the impact certain factors may have (such as the age of the victim) is critically important.  There are few things more disappointing than learning a perfectly valid, valuable case has been lost because of an avoidable delay in taking action.  

Source:  KTLA News, 3 Teens Struck by Hit and Run Driver in Santa Ana, November 9, 2012

 

 

 

According to KTLA news, a hit-and-run driver in Florence struck a 10-year-old boy and a 46-year-old woman who were out trick-or-treating Wednesday night.  The accident happened at approximately 9:00 p.m. at the intersection of  92nd Street and Beach Street.  The suspect reportedly made a right turn onto northbound Beach from 92nd, but failed to yield to the pedestrians, who were crossing the street legally.  The woman suffered a major head injury and was transported to Harbor-UCLA Medical Center, and the boy was taken to the same hospital as a precautionary measure.  The suspect vehicle was abandoned by three black males near the scene of the accident, and it is registered out of Kent Washington.  

Why This Accident Occurred

It would appear from witness statements reported in the media that this accident was likely the result of driver inattention.  The hit-and-run driver apparently struck two pedestrians who, although it was dark, could have been scene.  From a street view on Google Maps, it can be seen that this accident occurred near a corner on which there is a business and a number of streetlights.  The general area is a blend of residential and commercial buildings.  It is hard to imagine anyone driving through this area without anticipating pedestrians crossing the road, particularly on Halloween.  According to government statistics covering a 21-year period, children are four times more likely to be killed in a vehicle versus pedestrian accident on Halloween than on any other day of the year.

Liability Analysis

While liability would appear to be fairly clear, there is nearly always some argument the defense can raise in a vehicle versus pedestrian accident.  Typically, the driver will argue that the pedestrian who is hit crossing the street simply "darted out" so quickly there was no time to react.  Additionally, with a nighttime accident like the one above, the driver will often contend the pedestrian could not be seen because of dark clothing or a lack of artificial lighting in the area.  These defenses have some superficial appeal, but they are often overwhelmed by a careful accident reconstruction.

What To Do

When a driver in a pedestrian accident attempts to blame the victim, it is important for the pedestrian to seek legal counsel in order to protect their rights.  This is particularly true when the injured party has never been exposed to the claims process or been involved in civil litigation.  An Orange County injury attorney can provide the experience and insight necessary to fairly evaluate these cases and obtain compensation for the victim and their family.

SOURCE:  KTLA  News, Trick-or-Treaters Struck by Hit-and-Run Driver in Florence, November 1, 2012

A hit-and-run accident around 12:15 a.m. on Sunday morning left a 65-year-old Fountain Valley man dead. The man was crossing Newhope Avenue near Southpark Street when he was hit by a driver who immediately left the scene. Policy found the body of Harvey Mayo and were working the accident scene when the driver apparently returned about an hour later. The driver, Ricardo Gomez, 38, of Costa Mesa, was arrested on a number of charges, including some outstanding warrants and felony hit-and-run. P

On Sunday evening at about 7:00 p.m., a suspected drunk driver struck a pedestrian in Menifee, resulting in serious injuries.  According to the story in the Press Enterprise, the alleged drunk driver, 31-year-old Juan Vargas Mendoza, struck the 54-year-old woman after she had momentarily stepped into the street.  The accident happened in the 31600 block of Brentworth Street, and Mendoza reportedly hit another vehicle on the side of the road before the accident was over.  Witnesses to the incident restrained Mendoza until police arrived at the scene.  As of early today, the victim was listed in stable condition, and anybody with information is asked to call the Menifee Sheriff’s Department traffic division at 951-210-1000.

See the Press Enterprise story HERE.

The case above is apparently another example of what happens when a driver gets behind the wheel of their car while impaired.  From the Google images of the accident scene, there does not appear to be any impediment to a driver's view of pedestrians in or near the street.  Even assuming that the victim stepped into the street when she shouldn't have, it would appear that any driver traveling at a safe speed could see such a danger and have time to react.  The area where the accident happened is residential, and the speed limit is likely to be no more than 25 miles per hour.  Aside from this, if it is proven Mendoza was driving while intoxicated, then his carelessness may be presumed under the law, regardless of his speed.  

Compensation for the victims of DUI related accidents should be an important concern for everyone.   When an impaired driver strikes a pedestrian, causing a tragic accident like the one above, he or she should be held accountable.  An Orange County personal injury attorney with experience at handling pedestrian accident cases can make a fair assessment of these claims.   Mr. Ralph has more than 21 years of experience handling automobile accident cases, including those caused by drunk drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a pedestrian accident caused by 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.

An automobile accident in Santa Ana on Sunday afternoon took the life of a 19-year-old passenger.  According to the Orange County Register, the accident happened at about 2:25 p.m. at the intersection of Pacific and McFadden Avenue.  The decedent, identified as 19-year-old Daniel Iglesias, was the sole passenger in a Pontiac Grand Am that was traveling westbound on McFadden when the car apparently swerved to avoid a white minivan.  The minivan reportedly entered McFadden from Pacific, which dead ends with a stop sign at McFadden.  The Pontiac swerved into oncoming traffic and was struck by a large SUV.  Police are seeking help in identifying the driver of the white minivan, and anyone with information is asked to call the Santa Ana Police Department at 714-245-8665.

See the Orange County Register article and photographs HERE.

This tragic accident will require a great deal of investigation to determine responsibility.  It would appear from the Register article that conceivably the white minivan driver caused or at least contributed to the happening of this accident.  Assuming the minivan driver did not allow the Pontiac driver his right of way, since the van had a stop sign, then the driver may have caused this accident.  The driver of the Pontiac appears to have taken significant, evasive action which may have been necessitated by the minivan's sudden and perhaps unlawful presence on McFadden.  The law requires that a stopped driver proceed only when it is reasonably safe to do so, especially when there is no signal or stop sign for cross-traffic.  One other issue that frequently comes up in situations like this is "line of sight" and whether the stopped driver has a sufficient opportunity to see cross-traffic as it approaches.

Compensation for the victims of serious or fatal automobile accidents caused by a careless driver and/or a dangerous roadway should be an important concern for all Californians.   When negligence and roadway conditions combine so as to cause a tragic accident like the one above, all of the responsible parties should be held accountable.   An Orange County auto accident 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 dangerous roadways.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a careless driver or dangerous roadway?

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.

On Sunday afternoon, a pedestrian was run over by car in Buena Park in what appears to have been an intentional hit-and-run.  The incident was caught on video, and the Buena Park Police Department is actively investigating the collision.   According to news reports, the hit-and-run was reported just after 1:00 p.m. and officers responded to the scene at Orangethorpe Avenue and Campus Drive to find a 20-year-old victim in the street.  Police described the car as a gold, four-door compact sedan -- possibly a Mitsubishi or Infiniti -- with tinted windows.  The car sustained moderate damage to the front passenger-side windshield during the crash.  The victim was taken to UCI Medical Center and is expected to survive.  

Anyone with information on the car is asked to contact police at 714-562-3970.

See the KTLA news report and video footage HERE.

It is rare that an accident like the one above occurs without there being some motivation and/or intoxication on the part of the driver.  In this instance, from a review of the video, it appears the driver actually took aim and struck the pedestrian on purpose, before speeding away.  That driver, who will likely be identified, is facing very serious criminal charges for felony hit-and-run.  In addition to that, there is the civil liability of the driver for the injuries and damages the victim sustained.   One issue that inevitably arises in situations like this is one of insurance coverage.  Under California law, a driver cannot be insured for "willful acts".  Under California Insurance Code, § 533, an insurance company is not liable for a loss caused by a willful act of the insured.  In this case, the hit-and-run victim could be left with little or no compensation because of the statutory prohibition against such insurance coverage.  The victim's remedies will likely be against only the driver of the car and his personal assets, if any.

Compensation for the victims of hit-and-run accidents should be an important concern for all Californians. When a driver operates their vehicle in a reckless or intentional manner causing a serious or fatal accident and then flees the scene, they should be accountable for all of the injuries and damages they cause.   An attorney with experience at handling hit-and-run accidents can make a fair assessment of these claims. Mr. Ralph has more than 20 years years of experience handling auto and personal injury cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by a hit-and-run 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 tragic automobile accident in Orange County yesterday afternoon has taken the life of a teenage girl and left two others badly injured.  According to police in Westminster where the accident occurred, it appears this horrific crash was the result of street racing.  The 18-year-old, female victim, Jessica Dayoan, was a passenger in a red convertible believed to be racing at the time of the collision.  The driver of that convertible has been identified as her brother, Jorel Dayoan, 19-years-old.  So far as police can say to this point, it appears Jorel Dayoan was racing another vehicle, perhaps a grey Dodge pickup, on Hoover Street when he lost control and crossed into the path of a silver minivan, resulting in a devastating impact.  Jessica Dayoan was pronounced dead at the scene, and the innocent driver of the minivan remains hospitalized in serious condition.  Jorel Dayoan was reportedly admitted to the hospital overnight and released this morning.

See the KTLA news story, photographs and video HERE.

The tragic loss to the Dayoan family from this accident cannot be measured, and the same is obviously true for the innocent minivan driver and his family.  This is one of those accidents that is both a tragedy and an outrage.  Street racing at the speeds it would take to cause this horrific collision is just inexcusably careless, and perhaps even criminal.  It has been reported that the driver of the other vehicle racing (the grey truck) may face felony hit-and-run, manslaughter or even murder charges if he or she was directly involved in the fatal collision.  The fact that the driver fled the scene may be some indication of fault as it shows consciousness of guilt.  While it is unlikely any of the victims of this crash or their families will be adequately compensated, the law in California does provide civil remedies for the personal injuries and wrongful death sustained.  Aside from the Dayoan family and their insurance, the driver of the other vehicle racing and his insurer may be liable.  The issue there will likely be one of causation and whether the other racer's actions were a "substantial factor" in causing the collision.  

Compensation for the victims of street racing accidents should be an important concern for all Californians.   When a driver races their vehicle in a reckless manner causing a serious or fatal accident and then flees the scene, every effort should be made to identify them and hold them accountable for all of the injuries and damages they cause.   An attorney with experience at handling hit-and-run accidents can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling automobile accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by street racing?

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 Long Beach early this morning has left a 27-year-old victim dead.  According to KTLA news, the hit-and-run driver first smashed his vehicle into a parked car, setting in motion the fatal chain of events.  The unidentified driver of a green Dodge pick-up ran into and dragged the victim, Yon Chreng, who had been trying to flag him down.  The incident reportedly happened at about 1:00 a.m. in the 1100 block of Stanley Avenue.   The driver drug Chreng for a short distance before colliding with three more vehicles, dumping his truck and fleeing the scene.  Sadly, Chreng,, who lived in Long Beach, was pronounced dead at the scene.  The case is being investigated by the Long Beach Police Department as a murder, and anyone with information is asked to call Long Beach Police at (562) 570-7244.  Additionally, anonymous tips may be submitted via text or web by visiting www.tipsoft.com.

See the KTLA news story HERE.  

The senseless tragedy described above is likely the product of a reckless driver not wanting to be identified for hitting a parked car.  The area of the accident is generally residential with a number of homes and apartment buildings.  It goes without saying that any driver causing an accident in that area could reasonably expect to be identified.  The streets are narrow, and it seems likely (even at this hour of the morning) someone would see and/or hear a motor vehicle accident.  As for civil liability, the driver of the green Dodge pick-up is now not only facing all of the property damage claims he would otherwise have faced, he is likely to be found liable in a wrongful death suit.  Under California law, Cheung's heirs are entitled to be compensated for the loss of the society, care comfort, affection, love and support taken from them by the actions of this hit-and-run driver.  

Compensation for the victims of hit-and-run accidents should be an important concern for all Californians.  When a driver operates their vehicle in a reckless manner causing a serious or fatal accident and then flees the scene, every effort should be made to identify them and hold them accountable for all of the injuries and damages they cause.  An attorney with experience at handling hit-and-run accidents can make a fair assessment of these claims.   Mr. Ralph has more than 20 years years of experience handling auto and hit-and-run accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by a hit-and-run 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.

 KTLA news has reported a hit-and-run accident that occurred in San Bernardino on Tuesday night.  A 17-year-old girl crossing the street on her skateboard was was struck by a speeding motorcycle.  Citing official sources, KTLA has reported the motorcyclist was traveling approximately 75 miles per hour, more than twice the speed limit at the intersection of 31st and E streets, where the girl was struck.  The victim was taken by ambulance to Loma Linda University Medical Center where she was listed in critical condition.  The police are still searching for the rider of the Japanese sports bike involved in the accident.

See the KTLA news story and photographs HERE.

This tragic accident would appear to be one that could easily have been prevented.  The motorcyclist, assuming the speed above is accurate, was traveling much too fast for the conditions.  At 7:30 p.m., it was dark outside, and the area of the accident is essentially residential.  At a speed of 75 miles per hour, the motorcycle was traveling over 110 feet per second, leaving no margin for error and almost no time to take evasive action in the event there was a pedestrian or skateboarder who suddenly appeared in the roadway.  The motorcyclist flight from the accident scene is strong evidence of consciousness of guilt, and the rider (when and if caught) could easily face felony hit-and-run charges.  Beyond that, this young girl is entitled to be compensated for the injuries and damages she sustained in the accident.

Compensation for the victims of automobile accidents caused by a reckless driver or motorcycle rider should  be an important concern for all Californians.   When a driver or rider operates their vehicle at an excessive speed and causes a serious or fatal accident, they should be held accountable.   An Orange injury lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling auto and motorcycle accident cases.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by excessive speed?

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 traffic collision this morning on the westbound 91 freeway overturned a Hyundai Sonata and injured a female passenger in the car.  According to a story in the Orange County Register, the accident was reported at 7:40 a.m., just west of North State College Boulevard.  Citing official sources, the Register story indicated that witnesses said a Toyota 4Runner made an unsafe lane change into the carpool lane and sideswiped the Sonata, causing it to overturn and come to rest near the retaining wall.  The other three vehicles damaged at about the same were possibly involved in a chain-reaction collision arising from the rollover.  

See the Orange County Register story and photographs HERE.

Last night, at about 7:30 p.m., a female pedestrian was critically injured when she was struck during a hit-and-run accident in Orange County.  According to the KTLA news story, the incident occurred on Bolsa Avenue, just west of Beach Boulevard, in the City of Westminster.  Police are still looking for two men who fled the scene after crashing the stolen SUV, a white Lexis.  The woman was struck on the sidewalk near a bus stop, and apparently the men in the Lexis fled on foot. The paramedics rushed the woman to UC Irvine Medical Center where she was listed in critical but stable condition.

See the KTLA story and photos HERE.

Automobile accidents like the ones above are unfortunately all too common.  Aside from issues of fault and recovery from the injuries sustained, nearly all cases of this type are impacted dramatically by the insurance policies, or lack thereof, of the parties involved.  For example, when the owner of a vehicle is injured in an accident, but he or she had no insurance on their car at the time, they are not entitled under California law to recover compensation for their pain and suffering.  Generally, the only valid claim they possess against the at-fault party is one for the economic losses sustained, medical expenses and lost wages.  Another scenario that is often present when an automobile accident occurs is a case in which the only applicable policy limits are inadequate to fully compensate the injured party for all of the injuries and damages sustained.  For example, in a recent accident in Orange County, a young driver turned left into the path of an oncoming vehicle occupied by three women, one of whom was very badly injured.  The worst injured passenger sustained an open (compound) fracture of the right arm for which surgery had to be performed.  The medical expenses related to the surgery totaled more than $60,000.00, but the young driver's policy had a $25,000.00 limit.  In the absence of other applicable insurance or the young driver having substantial personal assets (which was not the case), the badly injured passenger will unfortunately go without full compensation.

Compensation for the victims of automobile accidents caused by a careless or reckless driver should be an important concern for all Californians. When a party without fault is badly injured, the at-fault driver should each be held accountable for the injuries and damages they cause. An Orange County personal injury 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 automobile accident cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been seriously injured in an automobile accident caused by a negligent 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.

A pair of unrelated traffic accidents in Santa Ana on Monday evening left one man dead and a 13-year-old girl on a bicycle seriously injured.  The first incident was reported at about 7:00 p.m., when a van traveling eastbound in the 1600 block of 1st Street struck a man crossing the roadway, according to an article in the Orange County Register.  The unidentified pedestrian was pronounced dead at the scene.  The driver of the vehicle remained at the scene, but law enforcement has yet to make a a determination of fault for the tragic accident.  According to the news report,  the pedestrian was not walking in a marked crosswalk and alcohol was not believed to have been a factor.  The second incident occurred at the West Warner Avenue and South Greenville Street intersection when a girl riding her bicycle through a crosswalk was struck by an unidentified vehicle, described only as a "small car".  The driver apparently fled the scene before law enforcement arrived.  The girl was reportedly taken to a hospital with significant injuries, and authorities are asking anyone with information to call the Santa Ana Police Department at 714-245-8701.

See the Orange County Register article HERE.

In another reported accident, this one in Seal Beach, a pedestrian was killed after she was struck by a vehicle while crossing Pacific Coast Highway north of Anderson Street.  The woman,  Holly Barish-Sablich, who turned 22 on Wednesday, was pronounced dead at the scene, according to the report by the Orange County Register.  The crash was reported just before 9:00 p.m. on Sunday, and witnesses indicated Barish-Sablich was in the process of crossing PCH outside of a sidewalk or controlled intersection when the incident occurred.  In spite of life saving measures having been performed by paramedics, this young woman was pronounced dead at the scene.  The multi-agency law enforcement team investigating the tragic accident is asking for the public's help and anyone who witnessed the accident should call investigator Jeff Gibson at 562-799-4100, ext. 1641.

The cause of these tragic accidents has yet to be fully determined.  These pedestrian/bicycle accidents all raise the issue of driver attention.  Even assuming the pedestrians were crossing the street outside of a marked cross and/or away from an intersection, drivers are still obligated to keep a reasonable lookout for people crossing the street on foot or on a bicycle.  All of these recent accidents happened while it was dark and an assessment of visibility and speed will have to be accomplished to determine fault.  Assuming that headlights were in operation on all of the vehicles involved, it must be determined whether those lights illuminated the roadway for a sufficient distance for the drivers to have seen the pedestrians/bicyclist in sufficient time to have had an opportunity to avoid the accident.  Generally, if an impending danger can be seen more than 1.5 to 2 seconds before an impact, a driver is expected to have sufficient "perception-reaction" time to take evasive action.  When an accident involving shared responsibility occurs, when more than one party has been negligent, a civl jury is often called upon to determine the respective fault of the parties.

Compensation for the victims of automobile accidents caused by a driver's inattention should be an important concern for all Californians. When the parties to an accident share the responsibility for its occurrence, they should each be held accountable for the injuries and damages they cause. An Orange County injury trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling automobile accident cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been seriously injured in an accident involving shared responsibility?

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 woman was injured and transported to a local hospital this morning after a hit-and-run accident in the city of Anaheim.  According to a report by the Orange County Register, the male driver of a Chevrolet Cavalier apparently made a left turn into the path of an oncoming Honda Civic just before 11:00 a.m. today.  The accident happened on Euclid Street near its intersection with Catherine Drive in Anaheim.  As a result of the impact, the Civic struck a parked car.  Fortunately, a 1 -year-old  in the Civic was uninjured.  The driver of the Cavalier fled the scene of the accident on foot and has yet to be located.

See the Orange County Register article HERE.

The law in California is clear, a left turning driver may only make and continue their turn so long as it is reasonably safe to do so.  Under the California Vehicle Code, "The driver of a vehicle intending to turn to the left at an intersection or into public or private property, or an alley, shall yield the right-of-way to all vehicles which have approached or are approaching from the opposite direction and which are so close as to constitute a hazard at any time during the turning movement and shall continue to yield the right-of-way to such approaching vehicles until such time as the left turn can be made with reasonable safety.."  From the fact the collision occurred and the driver of the Cavalier fled the scene (possibly demonstrating consciousness of guilt), it would appear the Vehicle Code was violated and hit-and-run driver would be liable for the injuries and damages he sustained.  Beyond that, he may well have committed a crime in that he left the scene of an injury accident without properly identifying himself or attempting to render aid to the other driver.

Compensation for the victims of automobile accidents caused by negligent drivers should be an important concern for all Californians. When a driver operates their vehicle in violation of the law, they should be held accountable for the injuries and damages they cause.  An Orange County auto accident lawyer 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 drivers making illegal turns.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed by a left-turning 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 media reports, a four-vehicle crash on Saturday night in La Habra has left one person dead and two suspects under arrest for felony hit-and-run.  The collision reportedly occurred at about 5:30 p.m. at the intersection of Cypress Street and Lambert Road.  The victim has been identified as 20-year-old, Joseph Quezada, who was transported from the scene to UCI Medical Center where he died from his injuries.   The accident involved a white Toyota 4-Runner, a black Nissan Xterra, a U-Haul truck and a blue Hyundai Accent that Quezada was driving.  The Orange County Register has reported that the driver and passenger of the U-Haul truck ran from the scene and were later caught by police officers.
Richard Ambriz, 18, of Santa Fe Springs and Dustin Lish, 19 of La Habra, were arrested on suspicion of felony hit-and-run.  The La Habra Police Department is still investigating the cause of the crash, and anyone who may have witnessed the accident is encouraged to call 562-905-9760.

See the Orange County Register story HERE. 

While the precise cause of this tragic crash is a mystery, those running from the scene have demonstrated what is generally regarded as "consciousness of guilt".  The flight of a person immediately after the commission of a crime, or after he is accused of a crime, is not sufficient in itself to establish his guilt, but is a fact which, if proved, may be considered by the jury in the light of all other proved facts in deciding whether a defendant is guilty or not guilty.  The weight to which this circumstance is entitled is a matter for the jury to decide.  In short, when a driver flees the scene of an accident an inference may be drawn that they were responsible for causing the accident and the injuries or death that resulted.  In the case above, the police will have to reconstruct the accident based on witness statements, skid marks, post-accident debris, points of rest of the vehicles and metal deformation of the vehicles.  This will enable them to determine speed, direction of travel, evasive action (if any) and whether a particular driver may have violated another driver's right of way.  On top of this reconstruction evidence, there will be the inferential evidence of flight, which should allow the police to assign responsibility for the accident and Quezada's death.

Compensation for the victims of automobile accidents caused by hit-and-run drivers should be an important concern for all Californians.  When a driver operates their vehicle in a negligent or reckless manner so as to cause 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 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 a motor vehicle accident caused by a negligent, hit-and-run 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 aired by KTLA news, police in Santa Monica have identified the driver in a fatal hit-and-run accident as a 76-year-old man.  The accident reportedly happened October 28th just before 6 a.m. on Lincoln Boulevard at Santa Monica Boulevard.  The driver was identified via a call to authorities from someone who believed one of their family members was involved in the accident.  After responding to the location of the suspected driver and inspecting damage to the subject vehicle, the investigators identified the car as the one involved in the accident.  The driver has apparently been cooperative with investigators and has yet to be identified.  The victim killed in this tragic accident was a 73 year-old homeless man.  Anyone with additional information is asked to contact the Santa Monica Police Department (24 hours) at (310) 458-8495.

See the full KTLA story HERE.

The area of this accident is a busy intersection and pedestrian traffic is quite common.  From a look via Google maps, it appears the intersection is flat and driver views are unobstructed.  It remains to be seen just how this accident happened, but it is possible given the age of the driver that age played a role in the happening of the accident.  It has been shown in studies that drivers over the age of 70 years have a greater incidence of fatal and injury accidents than younger drivers, with the exception of those in their teens.  Additionally, elderly men are more likely to be involved in motor vehicle accidents than elderly women.  However, the difference in between the sexes is present even in younger age groups.  Obviously, some of the accident rate disparity can be explained by physical limitations of the elderly such as depth perception and reflex speed.  See the California Department of Motor Vehicles website for a comparison of teen and elderly drivers.

Compensation for the victims of automobile accidents caused by elderly or careless drivers 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 a motor vehicle accident caused by an elderly 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 driver traveling westbound on Rosecrans Avenue in Gardena struck a pedestrian crossing the street on Sunday night.  According to KTLA news, the pedestrian, a woman who has yet to be identified, was hit by a grey, 4-door  Honda Civic that did not stop.  The victim was taken to a local hospital following the accident, but she later succumbed to her injuries.  The accident happened around 9 p.m. Saturday night on Rosecrans, between Budlong and Normandie avenues.

The vehicle involved may have front end damage and the driver's door is missing.  The Civic is believed to have been occupied by two passengers at the time of the accident.  The police have asked that anyone with information call them at (310) 217-6183 or (310) 217-6135.

See the KTLA news story and video HERE.

This type of accident is both tragic and frustrating.  The driver of the Civic had an obligation, regardless of fault, to stop at the scene of the accident and render assistance to the pedestrian.  It is entirely possible that if the driver had complied with their legal obligation, the pedestrian might have survived.  Under California law, the driver of a car involved in a collision must render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.

Compensation for the victims of hit and run accidents should be an important concern for all Californians.  When a driver negligently or recklessly causes an injury or fatal accident and then flees the scene, they should be held criminally and civilly accountable.  An Orange County personal injury lawyer with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate legal representation.  Mr. Ralph has more than 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 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.

An accident that occurred on June 20th in Orange County has left a family devastated and trying desperately to identify the responsible hit-and-run driver.  According to KTLA news, the accident happened while three members of the Argo family were heading northbound on the 405 freeway near Laguna Canyon Road.  At about 12:30 p.m., a black GMC Suburban reportedly ran into the vehicle being driven by 40 year-old Annette Argo, with two of her children on board, causing the Argo vehicle to crash into a ditch.  The SUV driver apparently fled the scene without rendering aid or calling for assistance.  Ava Argo, just 4 years old, suffered severe injuries and was admitted to the intensive care unit  of a local hospital.  Last week, doctors spent nine hours operating on her to fix her jaw, upper palette, eye sockets and nose.  She also underwent a tracheotomy, but it will be another week before doctors can un-wire her jaw.  Ava’s 9 year-old brother, Gaven, suffered a broken clavicle but has been released from the hospital.  Annette sustained very serious injuries to her right leg, and she remains hospitalized.

Ava’s father, Robert O’Connor, and his wife, Erica, are now offering a $10,000.00 reward to anyone who provides information leading to the arrest and conviction of the hit-and-run driver.

See the KTLA news story and photographs HERE.

While the precise circumstances of how the accident occurred were not released in this news story, the actions of the hit-and-run driver would seem to reflect consciousness of guilt.  Why would anyone flee the scene after being involved in such a horrific accident unless they were trying to avoid criminal and civil responsibility?  Simply stated, under California law the flight of a person immediately after the commission of a crime is not sufficient in itself to establish guilt, but it is a fact which, if proved, the jury may consider in deciding a defendant’s guilt or innocence.   Here, evidence of the SUV driver’s flight would seem particularly compelling evidence since he would have had at least two reasons not to leave the scene: (1) to comply with the law requiring he stay, and (2) to render aid to those in the Argo vehicle who could easily have been, and actually were, badly injured.  In the context of a civil case, the hit-and-run driver’s responsibility would not have to be proven beyond a reasonable doubt, but only established by a preponderance of the evidence, that featherweight of evidence tending to prove negligence.

Compensation for the victims of  hit and run accidents should be an important concern for all Californians.  When a driver negligently or intentionally causes a serious injury accident and then flees the scene, they should be held criminally and civilly responsible.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate representation.  Mr. Ralph has 20 years years of experience handling personal injury and automobile accident 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.

A hit-and-run accident early this morning left a 68 year-old woman with broken legs and in critical condition.   KTLA news has reported that police are searching for the driver of one vehicle who fled the scene on foot.  The accident occurred about 1 a.m. in the 12300 block of Riverside Drive between Whitsett and Laurelgrove Avenues in Los Angeles.  The force of the impact was so great it sent the cars airborne during the crash, before landing in the middle of the roadway.  The victim, who had to be cut out of her Honda Accord, was taken to Cedars Sinai Medical Center for the leg and perhaps neck and spine injuries.  The suspected hit-and-run driver left behind his Ford Fusion, apparently containing identifying information.

See the full KTLA news story HERE.

The hit-and-run driver involved in this collision will likely be apprehended and prosecuted, given the content of the news report.  The Fusion was not reported stolen, and apparently information left behind within the vehicle has given the police with sufficient evidence to identify the driver.  In addition, his flight from the scene is at least some indication of “consciousness of guilt” as far as causing this accident.  An reconstruction of the collision will likely be done, and that should lead to reasonable estimates of speed, direction and point of impact, allowing law enforcement to assign fault.  Of course, the standard of proof the prosecution will have to meet in any criminal case will be different than that in a civil case brought by the victim.  In a personal injury lawsuit, the woman injured would only have to prove that it was more likely than not the hit-and-run driver’s fault, as opposed to having to prove her case beyond a reasonable doubt.

Compensation for the victims of  hit and run accidents should be an important concern for all Californians.  When a driver negligently or intentionally causes a serious injury accident and then flees the scene, they should be held criminally and civilly accountable.  An Orange County personal injury lawyer with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate representation.  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.

According to a KTLA news report, police are searching for a suspect after a fight ended with an officer being assaulted and another victim hospitalized.  The police responded to a fight call around 3:20 a.m. Saturday at the Hacienda Corona Nightclub on Friar Street in North Hollywood.  Witnesses claim the driver and passenger in a white Nissan Maxima were engaged in an altercation before one of them exited the vehicle and the driver ran him over twice.  When police approached the vehicle, the driver charged at officers and later tried to drive off with an officer’s arm inside the window.  The unidentified suspect is wanted for felony hit and run with serious bodily injury, sexual battery on a female and attempted murder of a police officer.

See the full KTLA story HERE.

California law requires that anyone operating a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident.  Additionally, the driver must give his or her name, current residence address, the names and current residence addresses of any occupant of the driver’s vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident.  The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.

Compensation for the victims of  hit and run accidents should be an important concern for all Californians.  When a driver negligently or intentionally causes an injury or fatal accident and then flees the scene, they should be held criminally and civilly accountable.  An Orange County personal injury lawyer with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate representation.  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.

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.

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 news report, on February 4, 2011, a 60 year-old man was hit by a full-size white pickup towing a black flat bed trailer as he was crossing Nutmeg Street south of Fountain Place in Escondido.  The accident reportedly occurred at about 5:45 p.m.   The driver of the truck drove away without stopping, leaving the man in serious condition, Lt. Michael Guerrero of the Escondido Police Department said.  He added that the victim of the hit and run was admitted to a hospital with skull and facial fractures.  Police are asking anyone with information to contact Guerrero at (760) 839-4470.  See the full story HERE.

While it remains to be seen what caused the accident, it seems a logical inference the driver's flight from the scene is some indication of his consciousness of guilt.  It is unlawful for any driver in California to leave the scene of an injury accident.  In this case, it appears the driver did not stop at all to check on the condition of the victim and instead chose to flee, hoping never to be identified.  Given the timing of the accident, probably after sunset, it is possible the driver of the truck could have explained the accident as the result of his inability to see the victim crossing the street.  That defense, assuming there was one, has been seriously compromised by this driver's flight and criminal violation of the law.

Compensation for victims of traffic accidents, including those struck by a hit and run driver, 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 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 by a hit and run 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 Thursday, January 13th, a 39-year-old woman suffered serious injuries after she was struck by an unidentified vehicle that fled the scene, according to the Orange County Register citing police sources.  The incident occurred at approximately 12:10 a.m. on Warner Avenue west of Nichols Lane, according to the Huntington Beach Police Department.  Officers found the woman injured and unconscious on the roadway, police said.

According to police, the vehicle that struck the victim left the scene of the crash. The driver has not yet been identified.  The victim was treated at the scene by Huntington Beach Fire Department paramedics and was taken to UCI Medical Center where she was treated for serious injuries.  Police said there were conflicting vehicle descriptions given at the time of the crash. Witnesses are urged to call the Huntington Beach Police Department Traffic Bureau at 714-536-5670.

See the complete story and photos at http://www.ocregister.com/news/-283951--.html

Under California law, a driver who leaves the scene of an injury accident is guilty of violating Vehicle Code Section 20001, which provides in part:  "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004" (having to do with sharing insurance and identifying information).  In the case above, the driver of the vehicle that struck the victim undoubtedly violated this section, and the only apparent question is whether the injuries justify the most sever sanction permitted.  Section 20001 provides for a prison sentence of up to four years when "death, or permanent injury, serious" results from the accident.   As used in that section, "permanent, serious injury" means the loss or permanent impairment of function of a bodily member or organ.

Compensation for the victims of hit and run accidents is an important concern for all Californians.  When a victim is seriously injured or killed and the driver flees the scene, that driver should be held accountable for any injuries and damages suffered as a result.  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 hit and run 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.

Citing police and Riverside County coroner's officials, the Press Enterprise reported that a hit-and-run driver killed a 64-year-old Palm Springs man last night along a busy street in that city.  The victim, Ralph Linwood Leighton, died at the scene of the accident Monday night along East Ramon Road, 445 feet east of Calle Amigo.  Officers answering a report of a pedestrian accident found Leighton lying in the roadway.  Police believe he was hit by a red, maroon or black compact car, possibly a Toyota or Nissan, that has damage to its front passenger side.  Police have asked that anyone with information about the accident please call 760-323-8116. See the story at www.pe.com/localnews/inland/stories/webflee.1379c658.html. Under California law, a person is guilty of a "hit and run" crime if they are "... involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person [and they do not] immediately stop the vehicle at the scene of the accident and ...fulfill the requirements of Sections 20003 and 20004 [of the Vehicle Code]", having to do with providing identifying information.  The information required to be provided includes the name and current address of the driver of the vehicle, as well as any occupants.  The driver must also produce his or her driver's license to the injured party and to any law enforcement officer at the scene.   Beyond providing identifying information, the law also obligates the driver to "... render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person."  (California Vehicle Code Section 20003) Assuming a violation of the code sections above, such misconduct may be admitted in court as evidence of negligence or at least consciousness of guilt.  In the case above, the fact that the driver fled the scene could create an inference in a civil case (for wrongful death) that the driver was indeed at fault for the accident.  Additionally, if it can be proven the victim survived the collision for some period of time and succumbed to his injuries because the driver failed to provide the required "reasonable assistance", then the driver may be held liable, even if he was not otherwise at fault. Compensation for the victims of hit and run accidents is an important concern for all Californians.  When a victim is seriously injured or killed and the driver flees the scene, that driver should be held accountable for any injuries and damages suffered as a result.  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 hit and run 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 Tuesday evening, at approximately 7:00 p.m., a pedestrian was struck and killed by at least two vehicles while crossing a major street in the high desert city of Hesperia, according to news reports.  The accident reportedly occurred on Bear Valley Road, east of Second Avenue, a short distance from Desert Valley Hospital.  The victim's name is being withheld pending notification of relatives.  http://www.pe.com/localnews/sbcounty/stories/PE_News_Local_D_webpedestrian.168bb83.html

Also on Tuesday, in the afternoon, a 70-year-old man was injured after being struck by a vehicle while a crossing a street in downtown Santa Ana, according to police reports.  The pedestrian was struck while crossing in the 1100 block of West 17th Street, near Towner Street, at about 4:30 p.m., Santa Ana police Cmdr. Tammy Franks said.  The man, who authorities have not identified, was taken to a hospital with "significant" injuries, including broken bones, Franks said. It was not immediately clear what type of vehicle struck the man.  No arrests have been made, and police don't believe that alcohol was a factor.  http://www.ocregister.com/news/street-277459-struck-police.html

In the cases above, the cause of the pedestrian accidents are still under investigation.  In reviewing collisions such as this, the respective duties of driver and pedestrian should be kept in mind.  Since the operator of a motor vehicle controls the deadly instrumentality, the greater duty of observation and accident avoidance is theirs.  At the same time, a pedestrian does share the same duty to keep a reasonable lookout for motor vehicles and other dangers when crossing the street.   Here, the accidents occurred in the afternoon or evening hours when visibility and lighting could have been an issue.   Drivers and pedestrians must both keep a careful lookout when one or both might be difficult to see by the other.  Drivers should always proceed with caution in dark or dimly lit areas where pedestrian crossings are known to occur.  Likewise, pedestrians should not assume they can be seen by drivers behind the wheel of oncoming vehicles.

Compensation for pedestrian victims of traffic 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 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.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a pedestrian/intersection 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.