An elderly bicyclist from Westminster was reportedly killed in a traffic accident this morning at about 11:00 a.m.  According to the Orange County Register, the victim was a 79-year-old bicyclist, and the accident occurred on Bolsa Avenue west of Able Lane in Huntington Beach.  The bicyclist was apparently riding eastbound on Bolsa when he was struck by the driver of a BMW, a 23-year-old man from Long Beach.  Following the collision, the elderly cyclist was taken to UCI Medical Center where he was pronounced dead.  No arrests of citations were issued and any witnesses are urged to call the Huntington Beach Police Department at 714-536-5670.

See the Orange County Register article HERE.

According to published statistics, bicycle and other "pedalcycles" are involved in approximately 2% of all fatal traffic accidents.  Most of the fatal accidents occur in urban areas, away from intersections, and the pedalcyclists are, on average, 41 years of age.  Interestingly, the average age of those fatally injured in such accidents has steadily increased since the year 2000.  Some people tend to forget that bicyclists are considered vehicle operators, and they are required to obey the same rules of the road as other vehicle operators, including obeying traffic signs, signals, and lane markings.  (See the National Highway Safety Administration, Traffic Safety Facts 2009)  In the case above, it remains to be seen how and why this tragic accident occurred.  Eastbound Bolsa Avenue includes three regular travel and one bike lane.  A further investigation, including the taking of witness statements, will likely aid in determining whether the accident actually occurred within the bike lane or whether the bicyclist was within one of the regular travel lanes.  Given the configuration of the roadway and the fact this was a daytime accident, it is hard to imagine how this fatal collision occurred without some neglect by either the driver or the elderly bicyclist.

Compensation for the victims of bicycle versus motor vehicle accidents caused by negligent drivers should be an important concern for all Californians.  When a driver operates their vehicle so as to cause an accident with a cyclist, they should be held accountable for the injuries and damages they cause.  An Orange County bicycle accident attorney with the necessary experience can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling Orange County vehicle accident cases, including those involving bicyclists.  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 versus 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.

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

See the Orange County Register article HERE.

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

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

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

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

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

On Sunday evening, a 50-year-old bicyclist was seriously injured in an Orange County traffic accident.  The cyclist, who has yet to be identified, was struck by a vehicle in Santa Ana and was taken to UCI Medical with critical injuries, necessitating emergency surgery.  According to the report by the Orange County Register, the traffic accident was reported in the 100 block of North Euclid Street just after 6:15 p.m.  Citing official sources, the Register reported the accident is still under investigation, and it is not clear if the bicyclist was in the street or in a crosswalk at the time of the collision.  The driver was not arrested and apparently no citations were issued.   

See the Orange County Register HERE.

The area of the accident appears to be relatively flat and the roadway is straight.  It is unknown if the accident happened at or near an intersection or who had the right of way.  Given the time of the accident, it may be that lighting or visibility of the rider played some role in the occurrence of the accident.  One issue that should be considered in assessing responsibility and something all bicyclist should keep in mind, a bicycle operated during darkness must be equipped with all of the following:

(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.

(California Vehicle Code Section 21201)

Visibility of bike riders is often an issue when a traffic accident occurs.  Those operating motor vehicles are rarely looking for bicyclists, and the likelihood a driver will see a cyclist at night (absent the above equipment) seems remote.  Given the severity of the accident, the police department will likely do a detailed investigation and analysis to see if the driver was attentive and whether the bicyclist complied with the above statute.

Compensation for the victims of bicycle versus motor vehicle accidents caused by negligent drivers should be an important concern for all Californians. When a driver operates their vehicle without paying careful attention to the roadway, they should be held accountable for the injuries and damages they cause.  An Orange County auto accident lawyer with experience at handling such cases can make a fair assessment of these claims.   Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving bicycle accidents.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in a motor vehicle versus 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.

A 35-year-old bicyclist was killed on Saturday evening in a tragic accident with an Orange County Transportation Authority bus.  The victim, 35 year-old Romeo Jimenez-Zavaleta, was pronounced dead just after 6 p.m. at Mission Hospital Regional Medical Center, according to an article in the Orange County Register,  Citing official sources, the Register reported the collision occurred at the intersection of Paseo de Valencia and Alicia Parkway in the City of Laguna Hills.  Jimeniz-Zavaleta was apparently riding his bike across Alicia Parkway when he was hit by the bus making a right turn from Valencia.

See the Orange County Register article HERE.

Tragic accidents like the one above are unfortunately all too common.  When a bicyclist and a motor vehicle collide, the consequences are often profound and serious injuries are almost inescapable.  This is particularly true when the motor vehicle is a bus.  From a Google maps view of the intersection, there does not appear to be anything particularly unusual about the intersection configuration or the view a southbound, right-turning driver would have from Valencia to Alicia Parkway.  With regard to responsibility for the accident, it will have to be determined whether the bus driver turned on a red or a green light and whether Jimeniz-Zavaleta could be seen in advance of the driver executing the turn.  While it would appear the bicyclist was perhaps riding on the wrong side of the street for his direction of travel, this would not excuse the bus driver from observing the potential for an accident and taking steps to avoid it.

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

Have you or a loved one been injured or killed in an automobile versus bicycle collision caused by another’s unlawful or negligent driving?

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

A married couple was injured last night when a minivan crashed into a group of bicyclists in Lancaster last night.  According to a story in the KTLA news, the accident happened around 8 p.m. Saturday at the intersection of Avenue L and 4th Street West.  The group of about 20 cyclists were crossing the intersection when the van, which had been stopped, was propelled into the intersection after apparently being hit from behind by a PT Cruiser.  According to the KTLA story, the husband was taken to a local hospital with severe head trauma and is listed in critical condition.  His wife apparently suffered moderate injuries and is in stable condition.  All of the riders present were wearing their helmets.  The accident is still under investigation, and anyone who may have been a witness to the collision is asked to call 661-948-8466 or anonymously through Crime Stoppers at 800-222-TIPS (8477).

See the KTLA news story HERE.

At first blush, it appeared as though this was one of those many stories in which a driver failed to keep an adequate lookout for a bicyclist.  That apparently was not the case.  While the accident is still under investigation, if the story above is accurate in terms of the PT Cruiser hitting the minivan first, then the driver of the Cruiser (absent extraordinary circumstances) would be liable for the injuries to the two bicyclists and any injuries sustained by the minivan occupants.  In general, one who causes an accident like this would probably be found to have violated California Vehicle Code Section 22350.  That statute reads as follows: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."  In the case above, the driver of the Cruiser presumably drove at such a rate of speed that he or she could not stop in time for the minivan and bicyclists ahead.  Only a thorough investigation based on witness statements, vehicle damage and accident reconstruction principles will allow for such a determination.

Compensation for victims of serious injury of automobile versus bicycle collisions, caused by a negligent driver, should be an important concern for all Californians. When a driver operates their vehicle in an unlawful or reckless manner and causes a serious or fatal accident, they should be held accountable. An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has over 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 or killed in an automobile versus bicycle collision caused by another’s unlawful or negligent driving?

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

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

See the Enterprise story HERE.

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

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

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

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

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

See the Register article HERE.

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

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

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

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

According to a report in the Orange County Register, a bicyclist was seriously injured after being struck by a bus Wednesday evening in Fullerton.  Citing police sources, the Register reported a man on a mountain bike was attempting to cross Euclid Street and was struck by a small Orange County Transportation Authority bus traveling northbound on the roadway at Laguna Road about 5:10 p.m., Fullerton police Sgt. Andrew Goodrich said.  Based on the initial investigation, police believe the bicyclist rode down a bike loop right before crossing Euclid, Goodrich said.  

He apparently crossed against a red light, Goodrich said. The bicyclist was airlifted to a local hospital because of the severity of his injuries.  The victim is believed to be in his 60s and police sources indicated he was in critical condition following the accident.  Authorities are asking anyone who witnessed the collision to call investigator Brandon Clyde at 714-738-6812 or the front desk of the Fullerton police station at 714-738-6715.

See the full story and photos HERE.

This accident is one that will almost certainly require the opinion of an accident reconstruction expert in order to establish fault, which may well be apportioned between the bicyclist and the driver of the bus.  Depending on the speed of the bicycle and that of the bus, it may well be that the bus driver should have been able to see the bicyclist in time to avoid an accident.  That amount of time necessary to avoid an accident, at least in these situations, is generally referred to as "perception-reaction" time.  In general, that span of time is often described 1.5 seconds.   In the case above, the accident occurred before dusk in a relatively open, flat area of roadway.

Compensation for victims of traffic accidents, including those struck while on a bicycle, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and strikes a bicyclist, 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 automobile versus 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.

According to news reports, an 8-year-old boy riding his bike to school was struck and killed by an SUV Wednesday morning.  Citing police sources, the accident was reported about 8 a.m. at the intersection of Choctaw Drive and Iroquois Road, near Sequoia Elementary School in Westminster.   The boy, Andrew Brumback, was taken to a hospital with serious injuries, Woodson said.  He was pronounced dead at Huntington Beach Medical Center.

The 47-year-old driver of the 2005 Ford Freestyle SUV, identified as Anita Cherry, of Westminster, remained at the scene.  No arrests have been made and alcohol does not appear to have been a factor, according to the police.  Andrew was a third-grader at the school who was with his older sister when the fatal accident occurred, said Trish Montgomery, a spokeswoman for the Westminster School District.

School staff sent a letter to parents notifying them of the incident.

"This is an absolutely heartbreaking loss for students and staff at Sequoia Elementary," said Sequoia principal Tammy Steel. "Andrew will forever be remembered as an energetic, outgoing, and entertaining little boy. Our thoughts and prayers are with his family."

See the full story at: http://www.ocregister.com/news/school-284810-boy-andrew.html

While the precise cause of this accident has yet to be determined, it should be remembered there are particular rules  within the California Vehicle Code having to do with the riding of a bike upon a public roadway.  For example, the law requires "any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or edge of the roadway ..."  (Vehicle Code Section 21202)   There are certain exceptions to the "right-hand" rule which might apply to the situation above. 

Another rule that must be followed is that requiring anyone under the age of 18 to wear a helmet if they are riding a bicycle on a  "street, bikeway ....or any other public bicycle path or trail" (Vehicle Code Section 21212).  It remains to be seen whether either of these Sections will come into play in determining responsibility for the accident and the fatal injuries sustained.

Compensation for the victims of bicycle and motor vehicle accidents should be an important concern for all Californians.  When a driver negligently operates their vehicle, they should be held accountable for the injuries, damages and devastation they leave behind.  An Orange County injury 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 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.