Early Sunday morning, eight people were taken to the hospital after a suspected drunk driver crashed into several vehicles at an Anaheim intersection. According to ABC News, the accident happened at the intersection of Gilbert Street and La Palma Avenue when two cars filled with people were struck by a driver who was later arrested for felony DUI.

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.

The Press Enterprise has reported that alcohol is suspected as a factor in a major injury collision over the weekend in Moreno Valley. The accident occurred on Saturday night at about 10:30 p.m. at the intersection of Heacock Street and Parkland Avenue. According to the report, a man driving south in a Toyota Camry ran a red light and collided with a Chevrolet Cavalier turning left from Heacock onto Parkland. The Camry's driver had to be cut from the wreckage and was taken to the hospital in

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

The Orange County Register has reported a suspected drunk driver is under arrest after a mother, daughter and another family member out walking late Saturday night were struck while crossing the street. The accident happened at about 11:00 p.m. in the 100 block of South Western Avenue, near Lincoln Boulevard, in the City of Anaheim. According to the news report, the suspected drunk driver, Anthony Lewis Sanchez, 40, was arrested on suspicion of driving under the influence and vehicular manslau

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 14-year-old boy on a skateboard was fatally struck by a car on Friday night in Placentia. The accident happened just before 9:00 p.m. on northbound Rose Drive just north of Castner Drive. Tragically, the victim, Anthony Duran, died Saturday morning while in the hospital, and the driver, yet to be identified, was taken into custody on suspicion of driving while under the influence.

According to a report in the Press Enterprise, A 20-year-old pedestrian in Moreno Valley was killed Tuesday night by the driver of an SUV who was arrested on suspicion of driving under the influence. The victim, Edward Pattio, Jr., sustained major head trauma and was taken emergently to Riverside County Regional Medical Center, where he died about two hours later. The driver of the SUV was apparently uninjured.

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.

 

 

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.

A yet to be identified man riding his bicycle along the Pacific Coast Highway was struck and killed by a driver on Saturday afternoon. According to KTLA news, the crash was reported at 4:19 p.m. at PCH and 8th Street in Sunset Beach. The victim was initially found by emergency responders in the middle of the road with serious injuries and unconscious.

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.

Yesterday afternoon five children were injured in a school bus crash, reportedly caused by a suspected drunk driver.  The accident occurred a little after 3:00 p.m. when a female driver made a left turn in the path of the bus at a Gardena intersection.  The 30-year-old driver of the Mitsubishi Eclipse was taken for a medical evaluation and was to be booked on suspicion of drunk driving.  According to the CHP officer investigating the accident, the woman had the odor of alcohol on her breath.  Fortunately, none of the injuries to the children or the bus driver were described as serious.

See the KTLA news story and video HERE.

Drunk driving accidents are far too common, and the one above is a perfect example of what happens.  A driver, who probably doesn't think they are impaired, makes a poorly calculated decision they can make a turn safely when in fact the oncoming vehicle (bus) was too close, causing the accident.  In this instance, the impact was severe enough to all but demolish the front of the bus and send it into a nearby building.  Everyone aboard the bus is fortunate the injuries were not more severe.  Now, the female driver of the Mitsubishi faces felony drunk driving charges (because of the injuries) and civil liability for her violation of the law.  If the driver is found guilty of a violation of the left turn law (California Vehicle Code Section 21801) and/or the drunk driving statute (California Vehicle Code Section 23152), her civil liability will have been likewise established by the doctrine of "negligence per se."

Compensation for the victims of drunk driving collisions should be an important concern for all Californians.  When an impaired driver carelessly causes a serious or fatal accident, they should be held accountable for the injuries and damages to the victims and those family members left behind.  An attorney with experience at handling DUI accident cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years years of experience handling traffic collision cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been seriously injured in an 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.

A 42-year-old woman was killed on Friday night in accident involving a suspected drunk driver.  According to KTLA news, the driver of a Chevrolet Corvette, 39-year-old John Rice, crashed his car into a SUV, ejecting the woman and causing her fatal injuries.  KTLA is reporting Rice could face drunk driving charges, if not something more serious.  The accident happened at about 7:15 p.m. on Alondra Boulevard near McNab Avenue.   The woman's 20-year-old daughter and young grandchild who were also in the SUV were taken to a local hospital for treatment of non-life threatening injuries.  Rice and his father, who was also in the Corvette, were taken to the hospital where Rice remained until at least Saturday.  Rice has yet to be charged with any crime.

See the KTLA new story HERE.

According to the Centers for Disease Control and Prevention, just about one third of all fatal automobile accidents happening in this country involve an impaired driver.  This amounts to approximately 30 people every single day who die in such accidents.  In 2009, for example, nearly 11,000 people in this country died in automobile accidents involving an alcohol-impaired driver.  Assuming Rice was indeed impaired at the time of the accident above, with a presumptive blood alcohol reading of .08% or greater, this tragic accident would then become part of these statistics.  The death of any innocent victim on the roadway is tragic, but it becomes infuriating when it is caused by the senseless act of drinking and driving.  The lives of those injured and the family of the woman killed have been changed forever.  One way we can as a society go about preventing accidents like this in the future is to hold those responsible both criminally and civilly liable for the death and devastation they leave behind.

Compensation for the victims of automobile accidents caused by a drunk or otherwise impaired driver is an important concern for all Californians.  When a driver operates their vehicle while under the influence of alcohol or drugs and causes a serious or fatal accident, they should be held accountable.  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 years of experience handling DUI and impaired driver 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 a drunk driving 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.

 

Five people were injured in an apparent DUI-related crash early this morning.  According to a report by the Orange County Register, Huntington Beach police were summoned at about 1:30 a.m. because of a traffic collision with injuries on Beach Boulevard near Newman Avenue.  According to the news report, citing the preliminary investigation, the driver of a Toyota Camry, identified as Forrest Leland Kelly, 22, was traveling north on Beach Boulevard when he broadsided a Dodge Durango going the opposite direction.  The driver of the Dodge, identified as 28-year-old Thomas William Barrett, of Costa Mesa, had three passengers inside and was preparing to make a U-turn at Newman Avenue when the collision occurred. The impact was severe and caused the Dodge to overturn in the roadway.  Paramedics transported the five people with injuries, including Kelly, to local hospitals, where they were all listed in stable condition.

Kelly, from Huntington Beach, later was arrested on suspicion of DUI, police said.  According to a check of the Orange County Superior Court website, Kelly has a history of traffic and alcohol related priors, including a pending public intoxication charge.  Anyone with information regarding the accident is urged to call the H.B. Police Department's traffic bureau at 714-536-5666.

See the Orange County Register article HERE.

It remains to be seen how badly those in the Dodge were injured and exactly what charges may be brought against Kelly.  Assuming the preliminary report is correct and he was driving while intoxicated, Kelly could be charged with a felony.  Aside from his criminal reponsibility, Kelly may be liable for the injuries sustained by the occupants of the Dodge that overturned in the accident.  If it is proven Kelly was driving while intoxicated, and that accounted for the collision, he could be responsible for not only compensatory damages (pain, suffering, medical expenses, lost wages, etc.), but punitive damages as well.

Compensation for the victims of automobile accidents caused by a drunk driver should be an important concern for all Californians. When a driver operates their vehicle while under the influence and causes 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 years of experience handling Orange County automobile accident cases, including those involving intoxicated drivers.  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.

A 52 year-old woman from Moreno Valley was killed early this morning in what is believed to have been a DUI related accident.  According to a story in the Press Enterprise, the collision occurred on northbound Interstate 5 in Central California when the vehicle in which the victim, Shirley Ann Murphy, was riding was struck head-on by a Volkswagen Passat.  The driver of the Passat, 49 year-old Wayne Boatwright of San Francisco, was driving south in the northbound lanes when the crash occurred.  The collision reportedly occurred at about while Murphy was a passenger in a 2002 Ford Explorer driven by Charles Snyder of Moreno Valley.  An 18 year-old passenger in the Passat, April Murphy, 18, sustained a fractured hip, severed liver and cuts to the face.  Snyder complained of pain in his face, and another passenger, Donell M. Watts, 32, of Riverside, suffered neck pain.  The injured were taken to Fresno Regional Medical Center in Fresno, where April Murphy and Boatwright remain.  The CHP will seek felony DUI and manslaughter charges against Boatwright once he is released from the hospital.

See the Press Enterprise story HERE.

Assuming the description of the accident above is accurate, then it would appear Boatwright will have a lot to answer for, both in criminal and civil court.  A DUI driver who causes death and other serious injuries can expect to be charged with manslaughter, at a minimum, and felony DUI.  Any felony conviction arising from the accident may lead to certain preferential treatment for the victims and their families in a civil case.  For example, in a civil 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 for trial setting (Code Civil Procedure, § 37), and allowing a prevailing plaintiff to recover attorney fees (C.C.P., § 1021.4).   In this case, Murphy's family may be entitled to the benefit of these California statutes if Boatwright is convicted of a felony in relation to the accident.  Under California law, the damages recoverable in that wrongful death case include compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support Murphy would have provided.

Compensation for the victims and families of victims of DUI accidents should be an important concern for all Californians. When a driver operates their vehicle in an extremely reckless manner while under the influence of drugs or alcohol and causes a serious or fatal accident, they should be held accountable. 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 years of experience handling personal injury cases, including those involving DUI drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in a DUI related 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.

Baldwin Park Accident:  A 24 year-old woman was killed by an automobile on Sunday as she was walking to church in Baldwin Park.  The driver of the car that struck the pedestrian, Esmeralda Ramirez, is suspected of driving drunk, according to the story published by KTLA news.  The tragic accident happened near Stewart Avenue and Baldwin Park Boulevard at about 2:30 p.m.  The allegedly drunk driver apparently fled the scene of the accident on foot, but was captured by police a short distance away.

See the KTLA news story HERE.

Wildomar Accident:  Also on Sunday, a 47-year-old Murrieta motorcyclist was killed in an accident involving an allegedly intoxicated driver.  According to a news report in the Press Enterprise, the victim, Jon Boehning, was fatally injured when he was apparently struck by a pick up truck driven by a 30-year-old Vista man who was arrested on suspicion of DUI.  The accident reportedly happened at about 3:15 p.m. near the intersection of Clinton Keith Road and Palomar Street.  Sadly, Boehning succumbed to his injuries at 5 p.m. while at Inland Valley Medical Center.

See the Press Enterprise story HERE.

According to recent statistics, approximately 1.5 million drivers were arrested for driving while intoxicated in the United States in 2009.  The tragedies caused by drunk drivers are the subject of an intense prevention campaign for 2011, Drive Sober or Get Pulled Over.  In fact, a national crackdown is planned for this Labor Day weekend, between August 19th and September 5th.  More information about the problems associated with drunk driving and the planned crackdown can be found at the National Highway Traffic Safety Administration's website.

Compensation for the victims of automobile accidents caused by an intoxicated driver’s negligence should be an important concern for all Californians. When an impaired driver negligently or recklessly causes a traffic accident and death results, the driver should be held accountable. An Orange County drunk driving 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 personal injury cases, including those against drunk drivers. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Has a loved one been killed in an automobile accident involving 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.
   

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.

A suspected drunk driver ran into a large group of cyclists this morning, injuring eleven, two critically.  KTLA news reported the early morning accident happened just before 2 a.m. near Culver City, along Jefferson Boulevard at Hetzler Road in Baldwin Village.  The suspect, identified as 27-year old Christine Dahab, reportedly drove into a large group of cyclists, after revving her engine and jumping a curb.  The group of riders, numbering approximately seventy to one hundred, are believed to be part of Midnight Ridazz, who generally ride in a large group every Wednesday night.

See the full KTLA news story and video HERE.

If the issue of intoxication were not enough, there were also witness reports that Dahab may have been using a cell phone at the time of the accident.  This horrible accident is a stark reminder of what carnage a careless or intoxicated driver can do behind the wheel of a two-ton vehicle.  Bicyclists have just as much right to utilize public roadways as the operator of a motor vehicle.  Unfortunately, when a driver acts recklessly behind the wheel of a car the consequences for a cyclist can be devastating.  Had Dahab run her vehicle into another car, the consequences would likely have been much less devastating.

The cause of this particular accident is likely still under investigation, and it remains to be seen what issues of visibility, if any, may play a role in assessing overall responsibility for the accident.  Under the law in California, when a cyclists rides on the street at night, they must have the following equipment:

(1) A lamp emitting a white light that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle.
(2) A red reflector on the rear that shall be visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.
(3) A white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a distance of 200 feet.
(4) A white or yellow reflector on each side forward of the center of the bicycle, and a white or red reflector on each side to the rear of the center of the bicycle, except that bicycles that are equipped with reflectorized tires on the front and the rear need not be equipped with these side reflectors.

Conceivably, whether the cyclists involved in this accident complied with the law above could be raised as a defense by Dahab.  If she proves to have been grossly intoxicated at the time of the accident, such a defense may not be very compelling.

Compensation for the victims of motor vehicle versus bicycle accidents should be an important concern for all Californians.  When a driver negligently or recklessly 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 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 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 Orange County Register has reported a very serious automobile accident happened at 1:15 a.m. Sunday when a Mercedes and a Toyota pickup collided at an Irvine intersection.  Reportedly, a 14 year-old passenger in the Mercedes, Ashton Sweet, was one of five injured after the Mercedes-Benz in which she was riding was struck in the early-morning collision.  Three others, including the car’s driver, identified as Mike Ghaemi, were treated at the hospital and released.  Krista Merassa, 15, remains in critical condition according to friends, and Sweet has been described as being brain dead, but on life support until her organs can be donated.  The four girls were apparently on their way home from celebrating the birthday of one of the girls.  The driver of the Toyota, Austin Farley, 26, was arrested on suspicion of drunken driving and was taken to the Orange County Jail.  He is being held in lieu of $100,000 bail, and neither Farley nor his passenger was injured in the collision.

See the Register story and photographs HERE.

While the precise cause of the accident has yet to be determined, a finding that Farley was at fault could result in criminal charges against him for vehicular manslaughter or perhaps even murder. California law provides that aggravated drunk driving can increase a defendant’s liability for a vehicular homicide to a second-degree murder.  In general, California has followed the rule in vehicular homicide cases that when the conduct in question can be characterized as a wanton disregard for life, and the facts demonstrate a subjective awareness of the risk created, malice may be implied.  In those circumstances, a murder charge may be brought.  This so-called implied malice second degree murder is committed  when a person does an act, the natural consequences of which are dangerous to life, which act was deliberately performed by a person who knows that his conduct endangers the life of another and who acts with conscious disregard for life.  Assuming that Farley ran a red light and/or was speeding, he could very well face a second degree murder charge,  Orange County Superior Court records show he has a history of arrests related to his operation of a motor vehicle.

Beyond the criminal charges, Farley could also face a number of lawsuits for personal injury and perhaps wrongful death.  If he was indeed negligent or reckless in causing this horrific accident, Farley would be civilly liable for the injuries and damages that resulted from his conduct.  In the context of a civil case, the plaintiff’s burden is reduced, and the standard to be met is the preponderance of the evidence, as opposed to proof beyond a reasonable doubt.

Compensation for the victims of drunk driving accidents, should be an important concern for all Californians.  When an intoxicated 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 a drunk 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 an article in the Orange County Register today, an Anaheim man critically injured when an on-duty Los Angeles County sheriff’s detective who had been drinking slammed into his car will receive $4.75 million in settlement of his claim.  The 33 year-old victim, Elias Aldana, has incurred  more than $2.1 million in medical expenses after suffering a traumatic brain injury and severe internal injuries in the June 29, 2008, collision.  A 20 year-old passenger in Aldana’s vehicle, Savanah Kirifi, suffered minor injuries and will receive part of the settlement.

See the Orange County Register story HERE.

Government employees are liable for their tortious conduct just as a private person would be, and through Government Code § 815.2, the California Tort Claims Act expressly makes the doctrine of respondeat superior applicable to public employers.  A public entity (such as the County of Los Angeles here), as the employer, is generally liable for the torts of an employee committed within the scope of employment if the employee is liable. Under § 820(a), except as otherwise provided by statute, a public employee is liable for injury caused by his act or omission to the same extent as a private person.  Notwithstanding certain provisions of the California Vehicle Code, a public entity is liable for injuries proximately caused by negligent acts or omissions in the operation of any motor vehicle by an employee of the public entity, acting within the scope of his or her employment.

Compensation for the victims of automobile accidents caused by public employees acting in the scope of their employment, should be an important concern for all Californians.  When a government driver causes an injury or fatal accident, they and their employer should be held accountable.  An Orange County injury 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 injured in an automobile accident caused by a careless public employee?

• 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 story in the Orange County Register, a man police suspect of driving under the influence of alcohol injured three people after destroying a bus bench, crossing all lanes of 17th Street and striking another vehicle Friday night.  Citing authorities, the Register reported the man was driving a Dodge Caravan in a Rite Aid parking lot about 8 p.m. when he went over a curb, through a city bus bench, across both lanes of 17th Street near Orange Avenue and into the parking lot of a 7-Eleven store on the other side of the street. The Dodge struck a pickup truck in the 7-Eleven parking lot, injuring all three occupants.  The pickup driver injured a leg, while two other occupants were taken to a hospital complaining of back pain.  Police have not yet decided whether the unidentified suspect will be arrested on drunk driving charges.

See the Register story and photographs HERE.

Assuming the driver of the Dodge was under the influence of alcohol or a controlled substance, he may be liable not only for the injuries and property damage he caused, but he may also be liable for punitive damages and attorney's fees.  Under California law, in an action for damages against a defendant based upon that defendant's commission of a felony offense for which that defendant has been convicted, the court may, upon motion, award reasonable attorney's fees to a prevailing plaintiff against the defendant who has been convicted of the felony.  (California Code of Civil Procedure § 1021.4) Additionally, when someone willfully consumes alcoholic beverages to the point of intoxication, knowing that he thereafter must operate a motor vehicle, thereby combining sharply impaired physical and mental faculties with a vehicle capable of great force and speed, they may be found to have exhibited a conscious disregard of the safety of others, justifying an award of punitive damages.  California courts have permitted such a recovery whether or not the driver had a prior history of drunk driving incidents.  The allowance of punitive damages in such cases is considered appropriate because of another reason, namely, to deter similar future conduct, the "incalculable cost" of which is well documented.

Compensation for victims of automobile accidents, caused by an intoxicated driver's recklessness, should be an important concern for all Californians.  When an impaired driver operates their vehicle when they know or reasonably should know of the potential consequences, 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 drunk driving accidents.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a drunk driving 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 news report in the Press Enterprise, a 9-year-old girl died Wednesday and two of her siblings were injured in a crash in Temecula.  Their mother, Karen Honeycutt, was arrested on suspicion of murder and three counts of driving while under the influence causing injury.  Coroner's officials identified the 9 year-old dead girl as Chloe Honeycutt.

Reportedly, Karen Honeycutt was driving a 1996 Jeep Grand Cherokee on Vail Ranch Parkway near Redhawk Parkway when she lost control shortly before 3 p.m., striking a concrete light pole and a tall tree in the center divider. The crash crumpled the front of the SUV, leveled the pole and somehow sheared off the top part of the tree.  Chloe and a 17-year-old passenger were not wearing seat belts, and both were ejected, said Sgt. Mark Leggett of the Riverside County Sheriff's Department.  An 8-year-old was wearing his safety belt, and was not ejected.  Karen and Chloe Honeycutt were taken to Inland Valley Regional Medical Center in Wildomar, where Chloe was pronounced dead.  Karen Honeycutt apparently only suffered moderate injuries.  The 8-year-old and a 17-year-old were taken to Riverside County Regional Medical Center in Moreno Valley. The 17-year-old suffered a broken back; the 8-year-old had what appeared to be minor to moderate injuries, authorities said.  See the full story at:

www.pe.com/localnews/inland/stories/PE_News_Local_D_scrash27.f349ff6f.html

An accident like this is tragic and, at the same time, likely to spawn a great deal of anger.  Assuming that Karen Honeycutt was indeed driving her vehicle while under the influence of drugs or alcohol, her conduct was both maddening and a crime.  These young victims and their families have the absolute right to be compensated, as best they can, for the horrific impact this tragedy will have on their lives, perhaps forever.

Compensation for the victims of motor vehicle accidents should be an important concern for all Californians.  When a driver negligently, or while intoxicated, operates their vehicle, they should be held accountable for the injuries, damages and devastation they leave behind after an accident.  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 cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family been injured by a 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.

In a story reported in the Orange County Register, two people were killed after a 21-year-old man suspected of driving under the influence crashed into another vehicle while driving the wrong way on the eastbound 91 in Anaheim.  Citing sources with the coroner's office, the Register reported that Vanessa Cease, 24, of Long Beach and Alan Reyes, 26, of Diamond Bar were pronounced dead at the scene of the crash, said coroner officials.  According to CHP officer Denise Quesada, Anthony Louis Fragoso, 21, of South Gate, driving a 1996 Mercedes, was traveling westbound on the eastbound 91 car-pool lane about 12:50 a.m.  As he approached the Harbor off-ramp, he collided head-on with the 2006 Toyota Scion that Reyes was driving, Quesada said.  Reyes and Cease, his passenger, were pronounced dead at the scene, according to the CHP spokesperson.

Fragoso suffered major injuries and was taken to UCI Medical center in critical condition where he was arrested on suspicion of DUI, Quesada said.  See the full story and photographs at http://www.ocregister.com/news/quesada-284734-dead-driving.html

Based on the facts reported, there is little to no doubt Fragoso would be liable for the deaths of Reyes and Cease.  In California, their surviving family members may bring an action for the loss of the familial relationship caused by this tragic accident.  Under the law, Fragoso's wrong-way driving and/or driving while intoxicated amounted to statutory violations, and in any civil case this would be proof of "negligence per se".

Compensation for the victims of motor vehicle accidents should be an important concern for all Californians.  When a driver negligently, or while intoxicated, operates their vehicle, they should be held accountable for the injuries, damages and devastation they leave behind after an accident.  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 cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family been injured by a 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.

Earlier this week a 33-year-old man who killed a French Valley family of three in a 2008 crash was sentenced by the court to life in prison.  Chad Isaac Huber, who was convicted of three counts of murder, lived in the Inland Empire at the time of the fatal accident.  He had been drinking and was speeding down a road near Lake Skinner when his truck struck the family's oncoming car.

The crash obliterated one side of the family's Malibu, killing Andres San Agustin, 48, a Camp Pendleton-based serviceman, his wife, Maribeth San Agustin, and their 4-year-old son, Angelo.  The judge found that Huber's conduct reflected a conscious and callous attitude toward others.  Because Huber fled the scene after the collision, the police were unable to measure his blood alcohol level, but the fact of his drinking before the accident was conceded by the defense at trial.  

See the full story at http://blogs.pe.com/news/digest/2011/01/french-valley-life-in-prison-f.html

In California, a number of appellate cases have upheld drunk driving murder convictions. Generally, those convictions are based on some or all of the following factors: (1) blood-alcohol level above the .08 percent legal limit; (2) a predrinking intent to drive; (3) knowledge of the hazards of driving while intoxicated; and (4) highly dangerous driving.  In the case above, the defendant had been drinking, was speeding and apparently crossed a lane line and struck the Agustin family vehicle head on.

Aside from his criminal culpability, Huber would be liable in a civil court for the wrongful death of the family.  The surviving family members (likely the parents of the Andres and Maribeth) would be entitled under California law to bring an action for loss of the love, companionship, comfort, care, assistance, protection, affection, society, and moral support of their loved ones.  Additionally, if the decedents provided their parents with financial support this too would be recoverable in a wrongful death action.

Compensation for the victims of drunk driving accidents should be an important concern for all Californians.  When a driver chooses to drink before getting behind the wheel, especially when they know they are compromised, they should be held accountable for the injuries, damages and devastation they leave behind after an accident.  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 by a drunk 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.