We often hear news reports about an accident involving someone crossing the street outside of a crosswalk, commonly referred to as jaywalking, and being injured or even killed. In that situation, the question often arises whether the injured party can still bring a claim against the driver who ran them down.

A family of three was sent to the hospital after an SUV crashed into them while seated at an Orange County restaurant. According to KTLA/Los Angeles Times, the accident happened yesterday afternoon at the Big K's Burgers on 1st Street in Santa Ana. The three victims, a man, woman and their 5-year-old daughter, were taken to a local hospital where all were listed in stable condition.

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.

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

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.

On Monday evening, two people were seriously injured in Temecula when they were struck by a car who may have been distracted by the glare of the setting sun. According to the Press Enterprise, the driver of a Toyota Matrix was driving downhill on westbound Pauba Road just before 6:00 p.m. when she struck two pedestrians who were walking in a shaded bike lane.

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

According to media reports, a 22-year-old driver entered a San Bernardino intersection on a red light yesterday morning, causing a three-car crash which injured a pedestrian. The Press Enterprise has identified the driver causing the collision as Mychal Soto of San Bernardino, and the victim as 79-year-old Earnest Harris. Reportedly, Soto was traveling northbound on E Street when he ran a red light at the intersection with Highland Avenue. Two vehicles traveling on a green light impacted the

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

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

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 recent news reports, actor Larry Miller is expected to make a full recovery after suffering a traumatic brain injury after a fall last spring. Yahoo News/TV Guide and another news source (Eonline) have reported that Miller (who has appeared on Curb Your Enthusiasm, Seinfeld, Mad About You and Boston Legal) slipped and hit his head on a sidewalk just outside a Los Angeles bar on April 3, 2012.

A driver reportedly lost control of his car and struck pedestrians at a Riverside bus stop, killing two and seriously injuring two others, according to NBC news.  The accident happened this afternoon at about 1:00 p.m. on Magnolia Avenue fairly near its intersection with Tyler Street, not too far from the Galleria at Tyler mall.  According to news reports, the two fatalities involved a woman in her 20s and a little girl, 2 to 3 years old.  A second woman and and a man were hospitalized in critical condition with injuries to their lower extremeties.  The driver of the Kia Optima involved in the accident, a 50-year-old male, was not injured.  He was taken to the Riverside Police station for questioning.

Cause of This Tragedy

While the precise cause of this accident has not yet been reported, it does not appear to have been related to any serious medical condition on the part of the driver, who was reportedly taken to the police station after the collision without first receiving any medical treatment.  Had this tragedy been related to a heart attack or seizure, you might expect the driver to have been taken to the hospital along with the injured pedestrians.  The driver's age, 50, would not seem to explain the accident, as it might be with an elderly driver who confuses the accelerator and brake.  As of this moment, distracted or impaired driving cannot yet be ruled out as a potential cause.  One thing is certain, however, the pedestrians waiting at or near the bus stop were not to blame.  In all likelihood, from a purely civil liability assessment, the driver will be found solely at fault for this horrific accident, and the injuries and damages will be his responsibility.

Riverside Automobile Accidents

With regard to the 13 cities in California with a population over 250,000, Riverside actually ranks near the bottom in terms of the number of automobile accidents resulting in injury or death.  According to the California Office of Traffic Safety, Riverside ranked 13th in pedestrian accidents in 2010.  Only a total of 67 pedestrian accidents, involving death or injury, were reported in all of 2010.  In light of this, the accident above might appear even more difficult to understand.  Riverside is apparently a relatively safe community in this context, making the determination of the precise cause of the collision all the more important.  Certainly the families of the victims will want and they very much deserve answers.  While nothing can ever undo the harm and the loss suffered, determining the cause of the accident can at least bring some closure.

When evaluating the cause of an accident and the injuries and/or death resulting, a personal injury attorney will need to gather essentially the same evidence as the investigating police agency.  Fortunately, the initial work done by the police can aid in making a liability determination or at least provide the foundation for a thorough reconstructive analysis.  In the case above, because death and serious injuries are involved, the investigation by law enforcement will likely be quite thorough, but it is not uncommon for a civil litigator to discover additional (sometimes contradictory) facts painting an even more complete picture.  

SOURCE:  Car Crashes Into Riverside Bus Stop, Killing Two, NBC Southern California, by Melissa Pamer and Nyree Arabian, December 28, 2012

 

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

 

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

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

Intersection Accidents Involving Pedestrians

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

Factors To Be Considered in Determining Liability

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

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

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

Three Santa Ana teenagers were injured seriously when a car hit them and fled the scene, according to The Orange County Register. The three boys were crossing Susan Street and Fifth Street at an unmarked crosswalk as they left a park. A driver attempted to pass a car that was stopped on Susan Street and hit the three, according to Santa Ana police.

A man walking his dog was struck by a car and is now in critical condition at a local hospital, according to authorities and The Orange County Register. The pedestrian, a 62-year-old Yorba Linda resident, was struck sometime around 9:30 p.m. as he approached the intersection of Valley View Avenue and the Imperial Highway, according to Brea police. The dog was taken into custody by animal control officers after running from the scene.

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 woman crossing Moulton Parkway and Aliso Niguel was struck by the driver of a Honda Civic and seriously injured on Monday afternoon, according to the Orange County Register and Orange County sheriff’s officials. The accident occurred about 2:45 p.m. when a southbound driver struck the woman as she walked in the crosswalk between the two streets. The pedestrian was described as a 43-year-old woman. She was taken to an area hospital with head and leg trauma. The driver was also taken to a

This afternoon a 100-year-old man in Los Angeles backed his car on to a sidewalk and struck eleven people, including nine children.  The incident happened across from an elementary school shortly after classes had ended.  While reports vary, it would appear four of the children were initially in critical condition, with only one remaining so tonight.  Some of the victims were briefly trapped under the vehicle that had been driven by Preston Carter, who was described as cooperative.  While at the scene and shortly afterward, Carter told investigators that his brakes failed.

See the Fox News story and photographs HERE.

An accident like the one above will undoubtedly stir the debate regarding elderly drivers.  Under California law, drivers over the age of 70 must renew their driver's license in person, rather than via the Internet or by mail.  Elderly drivers may also be required to take a supplemental driving test if they fail a vision exam, or if a police officer, a physician, or a family member raises questions about their ability to operate a vehicle.  While we do not yet know the result of the police investigation, and whether a brake failure actually did contribute to the accident, the scenario above is strikingly familiar to others involving elderly drivers.  It is not uncommon for an older driver to mistake the gas for the brake pedal and then conclude the brakes "failed" because their vehicle did not stop.  A tragic accident like this, especially one involving children, is all the more heart wrenching if it could have been avoided.

Compensation for the victims of automobile accidents involving impaired drivers should be an important concern for everyone.  When a careless or compromised driver strikes a pedestrian, causing a tragic accident like the one above, he or she should be held accountable.  An Orange County lawyer 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 traffic accident cases, including those caused by elderly drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a traffic accident caused by an elderly or otherwise 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.

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.

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.

 

 

 

Last Wednesday a tragic automobile collision occurred in front of Hemet High School, injuring 8 students while they were in a crosswalk.  According to news reports and the CHP, an 18-year-old driver was traveling faster than 50 mph in a school zone and weaving through traffic when he ran a red light and plowed into a group of about 30 students.   Officials announced just yesterday that the claim of a brake failure by the driver, Daniel Carrillo, was not supported by a full mechanical inspection, which revealed no mechanical defect contributed to the accident.  One of the eight students injured, a 15-year-old girl, remains hospitalized with a severe head injury.  Criminal charges against Carrillo are expected to be filed by the end of this week.

See the Press Enterprise story and CHP news conference HERE.

During the CHP press release regarding the incident, it was revealed that Carrillo had only had his driver's license for 15 days prior to the collision.  While his youth and inexperience were likely contributing factors, this young man's actions would seem to reflect a callous disregard for others.  Because of the reckless nature of his driving, Carrillo could be facing felony charges.  Teen drivers are notorious for making poor decisions behind the wheel, but the actions of Carrillo in traveling more than twice the speed limit and weaving through traffic before running a red light would seem to reflect a level of recklessness rarely seen.  His actions, captured on video, were likely beyond the "reasonable man" standard and well into something approaching intentional misconduct.  Every one of his eight victims will now have to deal with the memory of this horrific tragedy and some may have to live with physical limitations for a lifetime.  

Compensation for the victims of serious traffic collisions should be an important concern for all Californians. When a driver recklessly 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 auto accident cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling traffic accident 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 a reckless or inexperienced 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. 

 

Two separate accidents in Orange County on Tuesday night have taken two lives and left three others injured, one in critical condition.  In the City of Orange, a passenger in a Honda Civic was killed after being hit head-on by a Toyota Highlander on Lincoln Avenue near the intersection with Tustin Street.  According to the article in the Orange County Register, the driver of the Highlander was traveling eastbound on Lincoln before it veered into opposing traffic, hitting the Civic head-on.  The male passenger was pronounced dead at the scene, and both drivers were treated for non-life-threatening injuries.  The police are asking witnesses to the accident to call investigators at 714-744-7460

See the Orange County Register article, photographs and video HERE.

In the second Orange County accident, a 17-year-old Stanton boy was killed when struck from behind while helping to push a vehicle off the street in Anaheim.  The crash occurred at about 8:00 p.m. on West Cerritos Avenue near Magnolia Avenue.  The boy and an adult male were helping to push a Honda Civic out of the way because of street sweeping the following day.  A truck struck the boy and the Civic, but the adult was able to get out of the way.  The woman steering the Civic suffered serious head injuries and was taken to the hospital in critical condition.  The boy was also taken to the hospital, UCI Medical Center, where he was later pronounced dead.  The driver of the Honda Ridgeline remained at the scene, and it is unknown whether driver error played any role in the happening of this tragic accident.

See the Orange County Register article, photographs and video HERE.

Just about two weeks, it was reported that the number of traffic fatalities had actually over the last few years, both here in Orange County and around the State.  The two cases above are a tragic reminder that seemingly senseless accidents are still happening with alarming frequency.  While we don't yet know what caused the Highlander in the Orange accident to veer into opposing traffic, driver distraction or driver impairment via alcohol or drugs are potential causes.  Likewise, in the Anaheim accident, it is not known why the driver of the Highlander could not see the Civic and the two people pushing the car before colliding with deadly force.  Presumably it was dark in the area, but headlight illumination would be expected to reveal two pedestrians and a car ahead, in sufficient time to avoid an accident.

Compensation for the victims of serious or fatal traffic accidents should be an important concern for all Californians. When a driver carelessly causes a serious or fatal accident, they should be held accountable for the injuries and damages to the victim and their family.  An attorney with experience at handling Orange County traffic accidents can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling traffic 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 careless or distracted 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.

 

Next month, the California Highway Patrol will being setting its sights on so-called "zombie drivers".  This crackdown is part of the second-annual National Distracted Driving Awareness Month.  According to a KTLA news report, distracted drivers use a third less of their brain while driving distracted.  Zombies are being used in public service announcements to make the point that drivers are like zombies when they text or talk on a handheld cellphone while driving.  In the month of April, there will be regional crackdowns where officers specifically target distracted drivers.  During a similar month-long enforcement effort last year, 52,000 people across the state were cited. Since the handheld cell phone ban went into effect in 2008, there has been a 20% reduction in collisions on California Highways, according to official sources. 

See the KTLA news story HERE.

In spite of the law enacted in 2008, you can see drivers on just about every roadway in California using handheld cell phones in violation of the statute.  Like any other form of multi-tasking, driving while distracted tends to diminish the quality and amount of care paid to both tasks.  A driver who is also holding and speaking into a phone simply cannot give the roadway their full attention.  Most automobile accidents involve some form of distracted driving, whether it be talking with a passenger, fiddling with the sound system or talking on a cell phone.  In fact, just today, two pedestrians were killed and another was critically injured In Denver, Colorado when the driver of a pickup truck carelessly drifted onto the shoulder of the road, hitting all three pedestrians.  According to the story in the Denver Post, the driver of the truck has been arrested and his cell phone taken as evidence.  Reportedly, witnesses have told police the driver was on his cell phone at the time of this tragic accident.  Colorado does not yet have a complete ban on the use of hand held cell phones while behind the wheel, and the pickup driver has been charged with careless driving resulting in death, a misdemeanor.

Compensation for the victims of distracted driving accidents should be an important concern for all Californians.   When a distracted driver operates their vehicle in a careless manner and caused a serious or fatal accident, they should be held accountable for all of the injuries and damages they cause.  An attorney with experience at handling distracted driving accidents can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling auto and distracted driving 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 distracted 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 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.

A mother and her two young children were leaving Beechwood Elementary School in Fullerton when they were struck and seriously injured by a vehicle being driven by a 90-year-old driver.  According to a story in the Orange County Register, all three pedestrians, the mother and two children ages 6 and 9, were in a crosswalk when the Ford Focus ran them over at about 3:30 p.m. today.  The driver reportedly kept driving for several hundred feet before crashing her car into a tree.  Witnesses at the scene reportedly described the elderly woman as appearing groggy after the accident, and she was taken to a hospital in critical condition.  The mother and three children were also transported to a local hospital with serious injuries.  Fortunately, all are expected to survive.  

See the Orange County Register article and photographs HERE.

It is unknown whether any medical condition caused or contributed to the happening of this very tragic accident.  The witness descriptions of the elderly driver would seem to be consistent with some sort of medical problem that may have preceded the accident.  However, it is also possible the driver's groggy condition was caused by the accident itself and only a detailed investigation, that would include a driver profile, will reveal the precise cause of the accident.

If this tragedy were not enough for one day another Orange County accident took the lives of three marines early this morning in Dana Point.  That single vehicle accident, as reported by KTLA news, happened at about 2:00 a.m. when the driver lost control at the intersection of Golden Lantern and Terra Vista and slammed into a tree.  Tow of the Marines in the vehicle died at the scene and a third succumbed to his injuries while at Mission Hospital.  While a final determination has not been made, preliminary reports suggest the accident was caused by a combination of high speed and a wet roadway.

Compensation for the victims of automobile accidents caused by a negligent or reckless driver should be an important concern for all Californians. When a victim of bad driving is injured or killed, the at-fault driver should be held accountable for all of  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 traffic 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 or killed 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.

 

Last night at about 6:30 p.m. a 50-year-old woman was fatally struck while crossing a street in the Inland Empire.  The fatal accident happened near the intersection of D Street and Sixth Street in Victorville.  According to CBS news, the victim was identified by authorities as Donna Clark.  The driver of the vehicle striking Clark, who was reportedly outside of the crosswalk, was a 28-year-old male who was not otherwise identified in the news report.  Following the accident, Clark was taken to a local hospital where she succumbed to her injuries.

See the CBS article HERE.

The accident above reportedly happened near the intersection of Sixth and D Streets in Victorville, which appears to be an intersection controlled only by stop signs on Sixth Street.  According to the Google Maps images, there are no traffic lights, and the crosswalk lines appear almost completely obliterated.  It is therefore possible Clark was actually walking within what used to be a clearly marked crosswalk or the driver striking Clark did not realize there was a pedestrian crossing at the intersection, contributing to the happening of the accident.  Since this accident happened after dark, it is important to know whether the driver had on his headlights, whether they were functioning and what speed the vehicle was traveling.  Since this area of roadway, in all directions, appears relatively flat and straight there may issues of driver attention that may play a role in the happening of the accident.

Compensation for the victims of intersection accidents caused by a careless or reckless driver should be an important concern for all Californians.  When a pedestrian is struck at or near an intersection and/or a crosswalk, the at-fault driver should be held accountable for the injuries and damages they cause.  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 pedestrian 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 a pedestrian accident caused by a negligent or inattentive 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 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 tragic automobile accident in Covina early Monday morning has left a teenage girl dead from the injuries she sustained.  According to a news report by KTLA, one of two young girls hospitalized after they were hit by a car near Gladstone High School succumbed to her injuries while at County USC Medical Center.  The accident happened at 6:44 a.m. at Lark Ellen Avenue and Tudor Street, an intersection some residents say needs a traffic light.  The girls, about 14 years old, were apparently struck while in a crosswalk on Lark Ellen by a 2007 Honda Civic traveling at about 30 miles per hour southbound on the street.  The other young girl is still in critical condition.

See the KTLA news story HERE.

From a Google maps view of the intersection, it appears the roadway is relatively flat and the view of drivers unobstructed on Lark Ellen.  However, there is no traffic light on any of the four corners, and it looks as though vehicles could reach a relatively high rate of speed while traveling through that intersection.  In addition to the lack of a traffic control signal, there is most likely an element of driver inattention in this case.  Depending on the precise area of impact, it is hard to imagine the girls could not be seen in the crosswalk for some distance prior to the point of impact.  Assuming the Honda was traveling 30 miles per hour, there should have been ample time to see two pedestrians and avoid a collision, particularly when those pedestrians would have been visible from more than one hundred feet away, given the roadway is straight and flat.  At just one hundred feet, a driver traveling at 30 miles per hour has more than 2 full seconds to perceive the potential collision and react to avoid it.

Compensation for the victims of automobile accidents caused by careless drivers and/or dangerous roadways should be an important concern for all Californians. When a driver operates their vehicle in such a manner to cause or contribute to the happening of a serious or fatal accident, they should be held accountable.  Likewise, when a dangerous roadway contributes to the occurrence of a motor vehicle accident, the public entity 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 a negligent driver and/or a 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.

 

This morning a two-vehicle crash in the City of Fullerton injured two students walking to Fullerton Union High School.  According to an article in the Orange County Register, the collision was called in to the  Fullerton police at 7:10 a.m., and it occurred near Pomona and Chapman avenues.  Citing official sources, the Register reported the two vehicles crashed and then one or both of the cars hit the two students, who were crossing the street.  The injuries to the children were described as minor to moderate.  One of the students impacted the windshield of a Kia Spectra involved in the accident.  From the photographs of the accident scene, it appears the collision between the two vehicles was severe.

See the Orange County Register story HERE.

From Google images of the accident site, it is apparent the vehicle collision happened just adjacent to Fullerton Union High School.  The subject intersection is controlled by traffic signals on all corners.  The speed limit for Chapman traffic is 30 mph and for Pomona it is presumably 25 mph, given it runs through a residential area very near the accident scene.  In light of the damage to the vehicles, this would appear to have been an accident involving a left-turning driver and a straight traveling vehicle.  Under California law, the driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety. (California Vehicle Code § 21801)  It remains to be seen how and why this tragic accident occurred, and it is surely still under investigation by the Fullerton Police Department.

Compensation for the victims of automobile accidents caused by a driver's negligence should be an important concern for all Californians.  When a driver operates their vehicle in a careless manner 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 negligent 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 pedestrian was struck and killed this morning in Hollywood, near the busy Hollywood and Highland intersection.  A taxi traveling north on Highland Avenue at about 4:45 a.m. struck a man who was crossing the street north of Hollywood Boulevard, according to the Los Angeles Times and CBS News.  The victim, a man approximately in his 30s to 40s, died at the scene, according to official sources.

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

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

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

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

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

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

See the Times story HERE.

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

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

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

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

KTLA news has released a graphic video of an automobile accident involving an SUV and two pedestrians, one of them a small child in a stroller.  The accident reportedly happened in Scottsdale, AZ.  The video shows a woman pushing the stroller through a crosswalk in what appears to be a busy intersection.  As the woman passes a large camper waiting at the limit line, a dark colored SUV proceeds through the crosswalk and runs over the stroller with the toddler in it.  The stroller and little girl are dragged for a number of feet under the vehicle.  In spite of the horrific nature of the accident, the toddler received only scrapes as a result of the impact.  The SUV driver was at first cited by the police, but further review of the videotape revealed his view of the woman and her child was blocked by the camper on his left.

Watch the shocking video HERE.

What this video demonstrates is just how two parties can be involved in a pedestrian versus automobile accident and share the responsibility.  The woman pushing the stroller was running across the street when it should have been apparent cross-traffic had begun to move through intersection.  In fact, in the video it appears at least two vehicles traveled through the crosswalk before the woman ran in front of the oncoming SUV.  From the angle of the video footage, it does not appear the woman slowed or looked to her right before pushing her child in front of the vehicle.  As for the SUV driver, he entered the intersection through the crosswalk without waiting to see why the camper to his left remained stopped.  Furthermore, it appears the woman and the stroller could be seen by the driver for some time prior to the actual impact, and it is puzzling why the SUV operator did not stop in time to avoid the collision.  The SUV continues for a number of feet beyond the point of impact, and this may demonstrate inattention on the part of the driver.

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

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

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

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

See the KTLA news story and photograph HERE.

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

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

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

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

The Orange County Register has reported a 15-year-old girl was seriously injured after being struck by a car while crossing City Drive South on Friday night.  Citing police sources, the Register article indicates the driver of a Toyota Highlander was traveling northbound on City Drive South just past Metropolitan Drive (near the Block) at about 8:30 p.m. when he struck the female pedestrian.  Paramedics treated the girl at the scene before transporting her to a local hospital, where she is listed in critical condition.  The driver was traveling at about 35 mph at the time of the collision, police said.  Apparently, witnesses told investigators that the girl was not in a crosswalk, and that the driver had a solid green light.

See the story HERE.

While the circumstances reported seem to indicate the pedestrian may have been at fault for the accident, it remains to be seen what responsibility, if any, the driver of the Highlander has for this tragic accident.  By 8:30 p.m. it was likely dark outside and visibility may have been an issue.  Headlight usage, clothing color, speed (of both the vehicle and pedestrian) and the configuration of the roadway will play a role in assessing the responsibility for this accident.  For example, low beam headlights typically illuminate the roadway at least 100 feet in front of the vehicle, and at 35 mph a vehicle is traveling roughly 53 feet per second.  There is the potential then for the driver here to have seen the pedestrian for nearly 2 seconds prior to the happening of the accident.  Since perception-reaction time is roughly 1.5 seconds, the driver of the Highlander may have had the opportunity to see the girl in time to have avoided the accident.

Compensation for pedestrian victims of automobile accidents, caused by a driver’s negligence, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and strikes a pedestrian, they should be held accountable.  An Orange County 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 just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

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

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

 

 

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

See the full story HERE.

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

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

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

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

   

According to a story in the Orange County Register, a woman was struck and killed by a car while crossing the street in the City of Orange, late last night.  The 28 year-old woman, Amelia Shields, was reportedly walking with a male companion and her dog and was crossing the street in the crosswalk when she was struck by a car on Chapman Avenue between Main and Batavia streets.  Citing the City News Service, the Register reported the woman was attended to by paramedics and pronounced dead at the scene at 11:04 p.m. The driver reportedly stopped and was being questioned by police.

Read the full story HERE.

While the precise circumstances of this tragic accident have yet to be reported, it is a fair statement that the driver of the vehicle likely has considerable responsibility for the accident.  It appears the victim was lawfully where pedestrians are expected to be found at intersections.  Normally, a pedestrian is entitled to believe their right of way will be respected, and it is not negligent for a pedestrian to act on the basis of that belief.  From the little known about the accident thus far, there does not appear to be any reason to believe this victim had any warning of the impending danger until it was too late or that something occurred to place her on notice that the driver was about to violate the law designed for her protection.  Once more details are known, then additional factors such as the lighting, clothing worn and relative safety of the intersection and crosswalk may be taken into account.

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 personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

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

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

According to a news report in the Orange County Register, a 50-year-old man was struck and killed in Fountain Valley while crossing Brookhurst Street on Wednesday night.  The man was either walking or pedaling his bike across Brookhurst at Niagara River Avenue, when he was hit by a Volkswagen Beetle traveling northbound on the roadway just before 6:30 p.m.  The man was reportedly thrown about 50 feet, and was pronounced dead at the scene.  The driver of the Volkswagen was taken to a nearby hospital with what were described as minor injuries.  According to the report, investigators say it was dark at the time of the collision, and the man didn't have lights on his bicycle.

See the full story HERE.

The investigation into the accident is not yet complete and the fine details have yet to be reported.  However, examination of the scene of the accident and any physical evidence remaining will be important in determining responsibility for this Orange County pedestrian accident.  Assuming it was dark outside, then a question is raised as to whether the driver of the Volkswagen had an opportunity (given her speed and that of the pedestrian) to avoid the accident.  Assuming the victim was walking his bicycle and he was well into the street, the question becomes one of time and distance.  The driver of the automobile, if traveling at a safe speed, should have time to see, perceive and react to the pedestrian in the roadway in sufficient time to avoid the accident.  This analysis changes if the victim was pedaling his bicycle with any meaningful speed as his sudden appearance in the road might absolve the driver of some, if not all, of the fault for this auto accident.

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 personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

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

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

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.

According to a report in the Orange County Register, two teens went to the hospital Friday after being struck by a van while crossing 19th Street in Costa Mesa.  Citing police sources, the Register reported the two 15-year-olds were "hurriedly walking across" the 700 block of 19th Street outside of a crosswalk at about 9:30 p.m., when they were struck.  Paramedics took both of the victims to Western Medical Center in Santa Ana, where they were treated for concussions, cuts to the head, and bruises to their bodies.  One of the boys suffered bleeding in the brain. Their names and current conditions were not released . Police questioned the van's driver, Jeffrey Ford, 57 of Costa Mesa.  According to the police sources, Ford was not impaired, and he was released at the scene.  The police will conduct an investigation to determine whether any citations should be issued.

See the full story:  www.ocregister.com/news/police-286211-released-mesa.html

The incident above is a perfect example of the kind of pedestrian accident requiring a detailed, reconstructive analysis.  To lay the foundation for that reconstruction, the investigation should initially focus on the speed of the pedestrians and the vehicle.  Then, a sight-distance examination should be done to determine the whether any obstructions or roadway configuration compromised the view the parties to the accident had of one another.  Additionally, since this accident happened at night, the reconstruction must take into account the color of the pedestrians' clothes, the headlight operation on the van and any ambient or artificial lighting in the area (i.e., streetlights)  Finally, once the speed is determined and the visibility measured, the reconstruction can determine whether inattention by the driver of the car played any role in the happening of this tragic accident.  While the injuries were not described in great detail in the news story, the fact that one of these boys suffered bleeding in the brain raises the question of a permanent, debilitating injury.

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 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

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

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

An unidentified, 16-year-old girl was struck by a car while crossing the intersection of Crescent Avenue and Watson Street in La Palma on Monday morning.  Sadly, she succumbed to her injuries after being taken off life support just before 1:00 a.m. on Thursday.  According to news reports, the girl was a student at Kennedy High School.

The driver of the vehicle that struck the girl was questioned at the scene and released.   No charges have been filed, but police say the case is under investigation.  Authorities are asking anyone who witnessed the accident to call the La Palma Police Department at 714-690-3370.  A memorial car wash and fundraiser has been scheduled for this Sunday from 9 a.m. to 3 p.m. in the Kennedy High School parking lot, located at 8281 Walker Street.   The organizers will also be taking donations for the family at the La Palma Pageant at 5 p.m. Sunday, being held at the Kennedy High School Performing Arts Center.

http://www.ocregister.com/news/police-274492-struck-school.html

While the precise cause of this accident is still under investigation, 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.  This duty applies to minors as well.  When evaluating a pedestrian/intersection case some basic knowledge and understanding of accident reconstruction is essential.  For example, it is important to know how far ahead the driver can see into the intersection and his operating speed just prior to the accident.  At 25 miles per hour, a driver is traveling roughly 38 feet per second, and, if the driver can see a pedestrian in the intersection from 100 feet away, then he would have at least two seconds to perceive the danger and react, which should be more than enough time.

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.