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Like most of us, you have probably seen a number of ads for Skechers' Shape-ups.  The company touts these toning shoes as being able to improve the wearer's health in a wide range of ways.  From improving posture to reducing fat, the Skechers' Shape-ups are advertised as seemingly one of the best investments a consumer could make in their health.

However, studies which suggest the shoes provide little to no benefit are pouring in.  Critics, including licensed health care professionals, have linked the shoes to an increased risk of injury and falls. One such study by the American Council on Exercise (ACE) was released in July of last year.  According to ACE, all three toning shoes tested (including Skechers' Shape-ups) showed no statistically significant increases in either exercise response or muscle activation during treadmill trials, when compared to the normal athletic shoes tested.  The researchers found there was simply no evidence to indicate that the toning shoes offer any enhanced fitness benefits over traditional sneakers, despite studies cited by manufacturers seemingly “proving” the toning shoes’ effectiveness.  See the study summary at the ACE website.

As indicated in an earlier post, the Law Offices of Paul W. Ralph has filed what appears to be Orange County's  first product liability lawsuit against Skechers, as a result of injuries sustained by a Shape-ups wearer.  Since that time, Mr. Ralph has received consumer reports from as far away as Chicago that they have experienced injuries/pain as a result of wearing Shape-ups.  The product liability action here in Orange County will be moving forward in discovery shortly and informative blog posts should follow.

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

Have you or a family member been injured by toning shoes?

• This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

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

See the Enterprise story HERE.

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

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

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

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

According to a story by KTLA news, family members of Bryan Stow are struggling to remain optimistic.  According to the story, Stow, the Giants fan who was brutally beaten while leaving a baseball game at Dodger Stadium, may never fully recover.   While a hospital spokesperson says Stow is being slowly weaned of the anti-seizures medication that he has been receiving since his violent brain injury, family members told KTLA that their son, husband, and father of two, may be gone forever.

See the KTLA story and photograph HERE.

The tragic story of Stow's attack and beating has made national headlines since the incident at Dodger Stadium on March 31st.  One issue that has arisen in the wake of this tragedy is whether Dodger Stadium security took reasonable steps to protect fans like Stow on the date of the incident.  It has been reported the patrons suspected of attacking and brutally beating Stow had caused earlier problems at the Stadium.  The question then becomes whether security had sufficient, if any, information that should have led them to take protective measures, for the benefit of the law-abiding fans present.  Under California law, the general duty of a property owner (like Dodger Stadium) includes the duty to take affirmative action to control the wrongful acts of third persons which threaten invitees where the occupant has reasonable cause to anticipate such acts and the probability of injury resulting therefrom.  Whether Dodger security had any such duty will likely be decided when and if a civil action is brought by or on behalf of Bryan Stow and/or his family.

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

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

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

The Orange County Register has reported that an anesthesiologist suspected of sexually abusing two female patients during surgeries at Placentia-Linda Hospital was arrested  a month after he resigned from the hospital's staff.  The doctor, Yashwant B. Giri, 58, is facing felony counts of sexual battery and penetration with a foreign object after being taken into custody as he drove away from his Cypress.  Citing official sources, the Register reported hospital employees apparently witnessed Giri sexually abusing a 16-year-old girl in February 2009 and a 36-year-old woman on March 18th of this year.  Investigators allege that he sexually abused the woman during a medical procedure and the girl after a surgery while she was still under the influence of anesthesia.

See the Register story and photo HERE.

According to the California Medical Board website, Giri has been in practice in California since 2004, with no history of discipline.  He received his medical degree from a school in India in 1977, and practices primarily in anesthesiology.  He is apparently not board certified in any medical specialty.  Other than the incident in 2009, it would appear that the hospital administration at Placentia-Linda had no reason to suspect the doctor was a sexual predator.  However, it remains to be seen what investigation was done into the allegations from 2009 and what steps, if any, were taken to protect female patients from being victimized.  Ordinarily, an employer is not liable for the sexual abuse committed by their employees, unless they knew or had reason to know of a propensity to commit such acts.  Assuming the hospital administration failed to take reasonable steps to prevent the victimization of female patients at the hands of Giri, Placentia-Linda may be held liable for the harm the doctor caused.  Obviously, Dr. Giri would be individually liable for his own acts of sexual abuse, if the allegations prove to be true.

Compensation for victims of sexual abuse and harassment committed by physicians should be an important concern for all Californians.  When a doctor engages in sexual abuse they should be held accountable, and their victims should be compensated.  An Orange County malpractice attorney with experience at handling sexual abuse cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual misconduct cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual misconduct by a doctor?

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

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

See the KTLA news story and photograph HERE.

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

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

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

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

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

See the Register story and photographs HERE.

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

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

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

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

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

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

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

See the KTLA news story HERE.

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

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

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

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

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

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

The Orange County Register reported yesterday that an Anaheim Hills doctor accused of sexually molesting patients during exams was stripped of his medical license.  The California Medical Board revoked the license of Dr. David Hung Do, 40, after five female Kaiser Permanente patients alleged that he examined them inappropriately between 2006 and 2008.  In September, he pleaded not guilty to four counts of sexual battery.  Medical board documents conclude that Do engaged in sexual misconduct with three of the patients.  He was terminated from Kaiser and later arrested by police.  The criminal case has yet to be resolved.

See the Register story and photo HERE.

The Medical Board concluded the allegations against Dr. Do were established by "clear and convincing evidence."  His testimony before the Medical Board was described as "deliberately evasive" at times and that of at least one of his three victims was described as "plausible, direct, restrained and without evasion."  Not surprisingly, Dr. Do's conduct was found to have committed repeated acts of sexual misconduct and gross negligence, necessitating revocation of his license.  See the Medical Board Decision HERE.

Unfortunately, a small number of physicians have in the past and will in the future take advantage of their patients, like Dr. Do.  When this occurs, the patient has the right to pursue a civil action in court in order to receive compensation for the emotional and any physical injuries sustained.  To their credit, most of the women victimized by Dr. Do came forward and reported the incidents to Kaiser and to the authorities.  Several victims pursued civil claims and/or lawsuits against the doctor as well.  Three of those have been reported by the Medical Board as resolved.

Compensation for victims of sexual abuse and harassment committed by physicians should be an important concern for all Californians.  When a doctor engages in sexual misconduct they should be held accountable, and their victims should be compensated.  An Orange County malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual assault cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse by a physician?

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

The Press Enterprise has reported a San Bernardino County Sheriff's deputy arrested on suspicion of having sex with an underage girl supervised the alleged victim in the department's Explorer program.   The Sheriff's Department's announcement came nearly a week after the arrest of Nathan James Gastineau, a traffic deputy who supervised the department's Explorer program at the Highland station.  Arrested on Monday for investigation of having sex with the same 16-year-old Redlands girl was 27-year-old Jason Henry Anguiano, of Rialto.

See the Enterprise story HERE.

The case above has marked similiarities to a lawsuit handled by attorney Paul W. Ralph in 2002.  In that case, Doe vs. City of Murrieta  (2002) 102 Cal. App. 4th 899 , two female Explorer Scouts were sexually victimized by a police officer, while on and off duty.  In the Doe case, the City of Murrieta successfully brought before the court a motion for summary judgment, disposing of the case in the City's favor.  However, Mr. Ralph's arguments on appeal carried the day, and the trial court's decision was reversed.  That appellate decision became the law in California, and the County of San Bernardino now must prove they were in no way negligent in the supervision of the Explorer Program in order to avoid civil liability to the 16 year-old victim in the case above.

Compensation for the minor victims of sexual abuse and harassment should be an important concern for all Californians.  When someone in a position of authority, such as a police officer, takes advantage of a child in their charge, those responsible for allowing this to occur should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual abuse cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse?

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

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

See the Enterprise story HERE.

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

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

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

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

According to a KTLA news report, a pit bull mix and a boxer mix are in the custody of animal control officials after severely mauling a 71-year-old woman and two men at a park in Wilmington yesterday.  The attacks happened near Wilmington Park Elementary School on the 1100 block on Coli Avenue shortly after students were dismissed for the day.  Alfredo Ramos, 35, and his 71-year-old mother-in-law, Rita Torres, said they were attacked by the two dogs as they were returning home from picking up his son and another child from the school.  The two dogs, a male pit bull terrier and Akita mix and a boxer and American bulldog mix, were reportedly roaming free on the sidewalk at the time of the attack.  The dogs then ran to a nearby park where they apparently attacked another man sitting on a park bench.

See the full KTLA story and photos HERE.

Under California law, a dog owner is strictly liable when their animal attacks someone, whether the attack occurs on or off the owner's property.  In other words, dog owners are liable for attacks even if they were not negligent.  In this regard, California Civil Code Section 3342, provides in part:

The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner ...when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner...

In spite of this statute, a dog owner may defend a dog bite claim on the grounds that the victim assumed the risk of injury by provoking the attack or was somehow comparatively negligent in their conduct.  In the story above, there is no suggestion any of the victims provoked these vicious attacks or in some way assumed the risk of their injuries.

Compensation for the victims of serious or fatal dog bites is an important concern for all Californians.  When a victim is attacked and badly injured or even killed, the dog’s owner should be held accountable for any injuries and damages sustained.  An Orange County personal injury attorney with experience at handling such dog bite cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

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

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

SKECHERS Shape-ups, like other toning shoes, have recently come under fire because of safety concerns.  These unstable shoes have reportedly been linked to a number of serious fall accidents, resulting in very severe injuries.  In spite of the inherently unstable design, these shoes are sold by SKECHERS USA, Inc., without any meaningful warning.

Beyond the lack of warning, consumers are enticed to buy these fairly expensive shoes by some rather bold advertising claims.  The ad campaign by SKECHERS includes claims that their Shape-up shoes can:

(1)  Promote weight loss, (2)  Tone muscles, (3)  Improve posture, (4)  Reduce stress on knees and ankles, (5)  Strengthen and firm the back muscles, (6)  Tighten abdominal muscles, (7)  Improve blood circulation, (8)  Firm leg muscles, (9)  Tone and firm thigh muscles, (10)  Relieve muscle tension and fatigue, and (11)   Allow the wearer to get in shape without setting foot in a gym.

Just this week, the Law Offices of Paul W. Ralph filed perhaps the first products liability lawsuit in Orange County against SKECHERS because of an accident believed to have been caused by the Shape-up shoes.  In addition to claims for product liability, it is alleged in that case that SKECHERS has engaged in unfair business practices in making essentially unsubstantiated claims regarding the benefits of these shoes and in marketing the Shape-ups to the elderly, without adequate warnings.

Compensation for the victims of dangerously defective products, including toning shoes, should be an important concern for all Californians.  When a product, such as toning shoes, causes severe injuries or death, the manufacturer should be held accountable for the injuries and damages 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 20 years of experience handling personal injury and product liability cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been injured by toning shoes?

• 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 Los Angeles Times reported today that an Orange County teacher has been charged with having a sexual relationship with a 17-year-old boy.  Gay Davidson-Shepard, currently a teacher at Mesa View Middle School in Huntington Beach, and her husband, Daniel Alma Shepard, are both charged with multiple felony counts, including oral copulation of a minor, sodomy of a person under 18 and contributing to the delinquency of a minor.  Shepard, formerly a teacher at Westminster High School, is also accused of taking photographs of the sexual acts and asking the student to email him nude pictures of himself.

The district attorney's office is seeking other potential victims in the case and asks anyone with information to contact Det. Michael Nguyen at (714) 548-3742 or Investigator Lou Gutierrez at (714) 347-8794.

See the LA Times story HERE.

The investigation into the alleged crimes is not yet complete, and it will interesting to see what misconduct, if any, occurred while either of the Shepards was on duty teaching.  Assuming it can be shown the school district knew, or reasonably should have known, the victimization was about to occur or was occurring then the district may be held civilly liable for the any injuries and damages sustained by the victim.  If the district had actual or constructive knowledge of the potential for abuse and failed to take steps to prevent these sex crimes from occurring, then the district could be held liable.  Under California law, a school district is not automatically liable when their teachers commit sex crimes against students.  It must be shown the district was somehow negligent.

Compensation for the minor victims of sexual abuse and harassment should be an important concern for all Californians.  When someone in a position of authority takes advantage of a child in their charge, those responsible for allowing this to occur should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual assault cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse?

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

According to KTLA news, two women have been charged after a video showing a brutal attack on a teenage girl at a Baltimore-area McDonald's restaurant surfaced on the internet Friday.  Citing the Baltimore Sun, KTLA reported the police have charged a 14-year-old girl as a juvenile, and charges are pending for her 18-year-old accomplice.  The attack apparently occurred on April 18th at the 6300 Kenwood McDonald’s location.   The Sun also also reported that State’s Attorney Scott D. Shellenberger says the attack may be classified as a hate crime because the attackers were both black, and the victim white.

See the KTLA news story and video HERE.

In the video, McDonald's employees can be seen making what appears to be a half-hearted attempt to intervene in the assault.  The vicious attack goes on and on before finally ending only after an elderly woman gets involved and the victim appears to go into convulsions.  Under California law, a property owner has an obligation to provide a reasonably safe environment for their patrons.  This duty requires the property owner and their employees to intervene when a third party criminal assault is imminent or is taking place within the business.  If it can be shown the business owner failed to take the steps required by law and such intervention would have prevented or lessened the injuries and damages sustained, the victim may possess a valid cause of action.  In such cases, it is often necessary to offer the testimony of an expert in private security/law enforcement to address the issue of causation.

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

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

• 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 this morning that a serious, rollover accident occurred on Main Street in Santa Ana.  A woman had to be cut from her car after it rolled onto its side in the crash.  The collision involved a gray Honda Element and a red sedan.  It happened just after 11 a.m. and closed the northbound lanes of Main Street, just north of the I-5 freeway, for 45 minutes, Battalion Chief Jim Henery said.  The sedan sustained "minimal damage", but the Element may have flipped at least once before landing on its side.  Rescue crews had to pry open the car with the "jaws of life" to free the woman in the Honda.  Neither driver was with any passengers.  The driver of the Element (described only as a woman in her 30s) was taken to UCI Medical Center with what were described as "significant" injuries.

See the Register story and photos HERE.

While the cause of the accident is likely still under investigation, it seems this collision may have to be reconstructed in order to determine who was at fault.  Photographs, measurements and witness statements were likely collected at the scene and will have to be evaluated carefully in order to determine just how the accident occurred.  Additionally, a mechanical inspection of both vehicles (if performed by law enforcement on scene) will better enable the police department to decide the issue of responsibility.  It is not all that uncommon, however, for a privately retained accident reconstruction expert to differ with a law enforcement generated reconstruction, do the limits of time and money in the public sector.  Traffic Collision reports often contain conclusions of fault regarding accidents that ultimately are discounted by a civil jury.  That is why it is important in most cases to consider retaining a private accident reconstruction expert to assess the accuracy of the conclusions drawn by law enforcement traffic officers.

Compensation for victims of serious injury automobile collisions, caused by a negligent driver, should be an important concern for all Californians.  When a driver operates their vehicle in a careless or reckless manner and causes a serious accident, they should be held accountable.  An Orange County 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 in a serious motor vehicle collision caused by another’s negligence?

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

According to a story in the Los Angeles Times, the Los Angeles County Board of Supervisors agreed yesterday to pay $900,000 to settle a lawsuit by a sheriff's deputy who alleged that his boss sexually harassed him and threatened him with violence.  The victim, Deputy Robert Lyznick, claimed that his supervisor,  Sgt. Charles Dery, threatened him with violence for rebuffing sexual advances.  Dery has claimed the allegations were fabricated, although he did resign from the Sheriff's Department in 2008 after the agency launched an internal affairs investigation into Lyznick's accusations.

See the full LA Times story HERE.

Under California law, in the context of sex discrimination, prohibited harassment includes verbal, physical, and visual harassment, as well as unwanted sexual advances.  In this regard, verbal harassment may include epithets, derogatory comments, or slurs on the basis of sex; physical harassment may include assault, impeding or blocking movement, or any physical interference with normal work or movement, when directed at an individual on the basis of sex; and visual harassment may include derogatory posters, cartoons, or drawings on the basis of sex.  In the case above, the harasser was alleged to have made sexual advances and allegedly touched his victim.  According to the news story, Dery admitted in an interview only to occasionally telling jokes of a sexual nature, but he denied any other wrongdoing.

Compensation for victims of sexual harassment and discrimination should be an important concern for all Californians.  When a supervisor sexually harasses a subordinate, the harasser and the employer should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual harassment cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual harassment or discrimination?

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

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

See the KTLA story and photos HERE.

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

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

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

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

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

See the Register story and photos HERE.

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

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

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

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

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

See the full KTLA story HERE.

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

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

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

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

KTLA news is reporting today that the Dodgers are looking for ways to improve fan safety in the wake of the Brian Stow beating on opening day.  For example, half-price beer will no longer be sold during baseball games at Dodgers Stadium, presumably in an effort to reduce the number of intoxicated and unruly fans at the park.  Dodgers owner Frank McCourt also agreed to create a computer mapping and crime tracking system for the stadium similar to the one the LAPD uses to monitor crime patterns and hotspots throughout Los Angeles.  LAPD Chief Charlie Beck promised to dramatically increase police presence at games as well.

See the full KTLA story HERE.

Dodger Stadium has long had a reputation for having inadequate and/or heavy-handed security.  A number of videotapes on You Tube depict Dodger Security Department employees using what appears to be excessive or unnecessary force.  Currently, Mr. Ralph's office is representing a Dodger Stadium patron who was thrown violently to the ground and handcuffed after he allegedly "pushed" a member of the security staff.  The patron denies making any physical contact with the security employee, and, even though the Los Angeles Police Department was called to the scene, the patron was not taken into police custody nor was he ever charged with any crime.  Interestingly, the paperwork completed by the security staff banishing the patron from the park indicates he was told to leave the park for using profanity, not assaulting a security employee.  The civil lawsuit against Dodger Stadium is currently set for trial in April of 2012.

Compensation for the victims of security misconduct should be an important concern for all Californians.  When an innocent patron is assaulted and/or arrested by private security, the business owner should be held accountable and compensation paid to the victim.  An Orange County security misconduct attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you been a victim of an unlawful arrest by security?

• This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Orange County Register has reported that an 85-year-old man leaving a Jaguar dealership in Anaheim on Monday afternoon hit two cars on the street and then crashed into two more cars at a Mercedes-Benz dealership.   Citing police sources, the Register reported the crash occurred about 1 p.m. when the man was leaving the Jaguar dealership on East La Palma Avenue.  The man, driving a Buick Regal, drove out of the driveway and the struck a Honda Accord.  The elderly driver's car and the Accord collided into a Toyota Highlander.  The Buick reportedly continued at a high rate of speed into Mercedes Benz of Anaheim where it struck two expensive vehicles.  The driver of the Toyota Highlander injured her knee in the crash, but her grandson, in the back seat, was uninjured.  

See the full story HERE.

This accident is still under investigation, but it would seem to have signs of driver confusion.  The fact this elderly driver struck so many vehicles and continued on his way would seem to suggest he may have had "pedal confusion", in which the driver mistakes the gas for the brake pedal.  This is the same issue raised in 2003 when an 87-year-old man ran over and killed 10 people and injured 63 others at a marketplace near Los Angeles.  That high profile case reignited debate in California over whether drivers should be required to take road tests when they reach a certain age.  The law in California prohibits the Department of Motor Vehicles from testing on the basis of age alone.  In spite of the media attention and debate over the abilities of elderly drivers, statistics show that the most dangerous drivers are teenagers, who are about two-and-a-half times more likely to be involved in a fatal crash than drivers 65 and older.  Regardless of which side of this debate you are on, driver carelessness at any age can be lethal.

Compensation for victims of injury or fatal automobile accidents, caused by reckless drivers of any age, should be an important concern for all Californians.  When a driver operates their vehicle in a careless or reckless manner and causes a serious accident, they should be held accountable.  An Orange County 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 those involving automobile accidents.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

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

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

The Press Enterprise has reported that two drivers have been killed in separate accidents in the Inland Empire.  In one collision, a 29-year-old Moreno Valley man died Friday afternoon following a crash on Agua Mansa Road near Market Street in Riverside.  The victim, Jose Castaneda Soberanes, was driving a sedan that struck a truck head-on about 2:20 p.m., according to the Riverside County Coroner's office.  He died a short time later.  The California Highway Patrol is investigating the crash.

See the Enterprise story HERE.

In the second accident, a 28-year-old Perris man died early this morning after he was ejected from his vehicle during a crash on Interstate 215 in Riverside.  The driver in the Saturday morning accident, Jeramiah Baldwin, was traveling northbound on I-215 about a mile north of Eucalyptus Avenue just before 2 a.m. when he apparently lost control of his vehicle.  He struck a curb, the vehicle rolled multiple times and he was ejected, according to a news release from the Riverside County Coroner's office.  That collision is also being investigated by the California Highway Patrol.

See the Enterprise story HERE.

The precise circumstances surrounding these two tragic automobile accidents are still under investigation.  Both accidents, because of their severity will likely be the subject of a thorough investigation to include accident reconstruction.  Those reconstructions will include speed calculations, skid mark analysis, deformation of metal analysis and the accumulation of a detailed history on both drivers.  In accidents such as this, it is common for the investigating agency to look into the background and recent history of the driver or drivers involved.  For example, speaking to witnesses and family members to determine the activities of the drivers in the hours prior to the fatal collisions would probably shed some light on the cause or causes of these accidents.  If lack of rest, drug or alcohol use, or emotional instability played a role a careful forensic investigation will reveal this fact.  Additionally, simple carelessness may be found to have been a contributing factor.

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

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

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

The Associated Press and Fox News are reporting  the San Francisco Giants fan who was beaten at Dodger Stadium after last week's opening game shows signs of brain damage and remains in critical condition.  While the victim, Bryan Stow, remains hospitalized police detectives are looking into unconfirmed reports that the same suspects struck other Giants fans minutes before the attack that left Stow in a coma.  Stow, a 42-year-old paramedic and father of two from Santa Cruz, remains in critical but guarded condition at Los Angeles County-USC Medical Center.  As a result of the attack, he suffered a severe skull fracture and bad bruising to his brain's frontal lobes, said Dr. Gabriel Zada, a neurosurgeon.  According to Zada, "there is evidence of brain injury and dysfunction."

See the Fox News story HERE.

Among the issues coming to light in this case is whether the Dodgers' security staff took reasonable steps to prevent this assault from occurring on their premises.   There are now unconfirmed reports that these same assailants attacked other Giants fans prior to the vicious attack on Stow.   Assuming this to be true, then the question becomes whether, under California law, the Dodgers' duty to take reasonable steps to secure common areas against foreseeable criminal acts of third parties was fulfilled.  Under California premises liability law, a business proprietor has a duty to take affirmative action to control the wrongful acts of third persons which threaten invitees where the proprietor has reasonable cause to anticipate such acts and the probability of resulting injury.  Here, if the Dodgers' security staff failed to intervene and protect Stow from the assault that should have been foreseen, the Dodgers would be liable.

Compensation for the victims of violent crimes that occur on a business owner's property is an important concern for all Californians.  When a business proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment.  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 of experience handling personal injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

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

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

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

See the full Register story HERE.

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

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

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

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

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

See the Register story and photographs HERE.

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

Compensation for victims of automobile accidents, caused by an intoxicated driver's recklessness, should be an important concern for all Californians.  When an impaired driver operates their vehicle when they know or reasonably should know of the potential consequences, they should be held accountable.  An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including those involving drunk driving accidents.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a drunk driving accident?

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

According to a story reported by KTLA news, San Francisco Giants pitcher Barry Zito was hurt in an automobile accident in West Hollywood last night.  The 2-car collision happened around 7:50 p.m. at the intersection of Sunset Boulevard and Sunset Plaza Drive, according to the Los Angeles County Sheriff's Department.  Police say the accident was relatively minor, and it appears it was not Zito's fault.  As a precaution, Zito was apparently taken to Cedars-Sinai Hospital to be checked out and then released. 

See the KTLA story HERE.

The intersection where this accident reportedly occurred is controlled by traffic signals for all directions of traffic.  The area is relatively flat, but there are a number of businesses located on the corners of these two roadways.  In fact, Sunset Plaza Drive actually ends at the entrance to a business center just across Sunset Boulevard.  This is likely a very busy intersection.  The initial reports are that Zito was not at fault for the accident, and it will interesting to see just how this collision occurred.   Some news outlets are suggesting Zito's vehicle sustained major damage after being broadsided, which seems to suggest the other driver may have run a red light.

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

Have you or a loved one been injured in a red-light motor vehicle accident?

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

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

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

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

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

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

According to a story reported by KTLA news, an assistant school principal in New Rochelle, New York, who recently resigned from his post was arrested and charged last Friday with sexually abusing a 14-year-old student.  According to authorities, Jose Martinez is accused of having "ongoing courses of manual and oral sex" with the male student between March 2010 and June 2010, inside his middle school office.

See the full story HERE.

In California, except where sexual misconduct by on-duty police officers against members of the public is involved, an employer is not automatically liable to the third party for such misconduct.  For example, the courts have held a church is not liable for repeated acts of sexual assault on a minor by the child's Sunday school teacher.  In another California case, a school district was found not liable for their janitor's rape of a student.  However, where it can be shown the employer/public entity was negligent in the hiring, retention and/or supervision of the offender, then liability can be found.  If the employer knew or reasonably should have known of the potential for sexual abuse, but failed to prevent that from occurring, they may be found liable.

Compensation for child victims of sexual abuse and harassment should be an important concern for all Californians.  When an employer is negligent and that carelessness allows a minor to be victimized, the business should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual assault cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse?

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

See the full story HERE.

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

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

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

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

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

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

See the Enterprise story HERE.

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

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

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

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

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

See the Register article HERE.

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

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

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

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

The suspect in the sexual assault of an Emergency Department patient at St. Joseph Hospital in Orange has been identified as Francisco Ayala Jr., 27.  According to the Orange County Register, Ayala has been arrested on charges of rape, sodomy and oral copulation after allegations that he sexually assaulted a woman he was assigned to monitor during her hospital stay.  Reportedly, Ayala spoke to detectives on Wednesday, and was arrested after the interview and booked into Orange County Jail.  As of March 14th, Ayala, an Anaheim resident, no longer worked at St. Joseph, hospital officials said.

See updated story HERE.

Ayala's criminal history, assuming he has one, will likely impact whether the hospital knew or should have known of his dangerous propensity for sexual exploitation/assault of women.  Equally important is what history he has as a hospital worker at St. Joseph and whether any female employees or patients complained prior to the March 8th incident.  A records search with the Orange County Superior Court did not reveal any apparent history of criminal convictions or arrests. Compensation for victims of sexual abuse and harassment occurring in a hospital or health care setting, should be an important concern for all Californians.  When a hospital or other medical facility allows their employee to commit sexual misconduct, when they knew or should have known it could happen, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual assault cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse in a hospital or health care setting?

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

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

See the story HERE.

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

See the story HERE.

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

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

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

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

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

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

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

The Los Angeles Times reported today that a female patient has alleged she was sexually assaulted by a hospital worker at St. Joseph Hospital in Orange.  According to the article, the patient was in the Emergency Department on March 8th when the incident took place.  The next day, the woman told hospital officials that a patient care technician had assaulted her.   Officials at the hospital then reported the incident to police, who have not yet interviewed the subject employee, a department spokesman said.  An official with the state Department of Public Health said the agency also has opened an investigation but declined to provide further details.

See the story HERE.

Putting aside for the moment the criminal culpability of the alleged perpetrator, the victim may also have the right to compensation against not only the perpetrator but the hospital as well.  However, under California law, a hospital generally has not civil liability for the sexual misconduct committed by their employees, unless the hospital was aware of  a prior, similar incident involving the same patient care technician or for some other reason the assault was foreseeable, and there was a failure to take appropriate, preventative measures.  For example, if the worker had a history of sexual harassment of females employees but was still permitted to treat female patients without adequate supervision, then the hospital may be liable.  Additionally, if on March 8th (but prior to the incident) the hospital was made aware of conduct (such as salacious comments, etc.)  directed at the victim but failed to take action, St. Joseph may be held liable.

Compensation for victims of sexual abuse and harassment occurring in a hospital or health care setting, should be an important concern for all Californians.  When a hospital or other medical facility allows their employee to commit sexual misconduct, when they knew or should have known it could happen, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse in a hospital or health care setting?

• 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 the Associated Press, a tour bus reportedly carrying 31 passengers crashed today on the outskirts of New York City and killed 14 people.  The driver has indicated he was trying to avoid a swerving big rig when he lost control and crashed.   The Associated Press, citing police sources, has reported the bus was essentially cut open from end to end after crashing into a roadway sign.  As many as 20 passengers were treated at area hospitals.  Eight are listed in serious condition.  Some of the passengers aboard the bus were apparently asleep during their early morning trip from the Mohegon Sun casino in Connecticut to New York.  The crash happened at 5:35 a.m. on the outskirts of New York City, in the suburb of Hawthorne.

See the full story HERE.

Under California law, generally bus owners and operators must “use the utmost care and diligence for their passenger’s safe carriage, must provide everything necessary for the purpose, and must exercise to that end a reasonable degree of skill.”  Bus companies and public entities operating bus lines are known in the law as “common carriers”.  When they undertake the business of transporting the general public they bind themselves to carry safely those whom they take into their vehicles, and owe both a duty of utmost care and the vigilance of a very cautious person towards their passengers. Such carriers are responsible for any, even the slightest, negligence and are required to do all that human care, vigilance, and foresight reasonably can do under all the circumstances.

Compensation for the victims of bus accidents, caused by another’s negligence, should be an important concern for all Californians.  When a bus operator or other driver operates their vehicle in a careless or reckless manner, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury 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 bus accident caused by neglect?

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

The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this division...

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.

The Orange County Register recently reported another fatality related to buttocks-boosting shots, which have become one of the most conspicuously dangerous of cosmetic procedures.  The most recent fatality was a British woman who traveled from London to get buttocks-enhancement injections of silicone in a hotel room at a Hampton Inn near the Philadelphia airport.  Police said Claudia Aderotimi, 20, apparently arranged for the procedure over the Internet.   Autopsy results have apparently not yet been released, but if the incident followed the pattern of similar butt-injection deaths, the silicone entered her bloodstream and caused a fatal pulmonary embolism, a blockage in the main artery in the lungs.

See the full story HERE.

Unfortunately, cosmetic procedures are often performed by poorly trained and unqualified health care professionals.  It is not uncommon to find physicians performing cosmetic procedures, either by open surgery or injection, who are not board certified in plastic surgery.  Instead, these doctors (who undergo little to no relevant training) are board certified in unrelated specialties such as internal medicine or obstetrics/gynecology, if they are board certified at all.  While not all physicians lacking a plastic surgery certification practice medicine in that field below the applicable standard of care, it is not uncommon to find such doctors committing some of the most egregious errors in medicine.  In a recent case, a doctor who claims board certification by the International Board of Cosmetic Surgery (not the American Board of Plastic Surgery) performed a buttock augmentation on a young, female patient that lead to an infection, multiple follow up procedures and finally removal of the implants.  Once contacted by the patient's attorney, the doctor claimed the patient's chart had been stolen.  This same physician has a history of substantial discipline by the California Medical Board for, among other reasons, allowing unqualified personnel to perform cosmetic procedures. Compensation for victims of medical neglect committed by unqualified cosmetic surgeons, should be an important concern for all Californians.  When a physician without the necessary credentials and training commits malpractice, they should be held accountable.  An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of a cosmetic surgery nightmare?

• 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 Associated Press reported today that a 9-year-old boy and a Time Warner cable employee have been honored for their quick actions after a pit bull attacked a 3-month-old baby inside an upstate New York home last month. The Saugerties Town Board on Wednesday presented awards to Skyler Sprague and 33-year-old Dave Dargan for their bravery during the attack at the home of the woman babysitting the infant, Jordan Bonelli.  A pit bull belonging to the babysitter's son attacked the babysitter as she held the infant just as Dargan arrived for a routine call. Dargan jumped on the dog and held it down while Skyler called 911.  Police soon arrived and fatally shot the dog.

Jordan was hospitalized for serious bite wounds, but his mother told the Daily Freeman of Kingston that her son is expected to make a full recovery. See the full story HERE.

If this attack had occurred here in California, the owner of the pit bull would be strictly liable for the injuries sustained by little Jordan.  California's dog bite statute, Civil Code Section 3342, has been recognized as imposing a duty of care on every dog owner to prevent his or her dog from biting persons in a public place or lawfully in a private place.  Under the statute, the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.  Simply stated, the statute is designed “to prevent dogs from becoming a hazard to the community” by holding dog owners to such a standard of care, and assigning strict liability for its breach.

Compensation for the victims of serious or fatal dog bites is an important concern for all Californians.  When a victim is attacked and badly injured or even killed, the dog’s owner should be held accountable for any injuries and damages suffered.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

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

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

According to an article in the Orange County Register, four people were injured Wednesday night after a multi-vehicle crash on the eastbound 91 near Gypsum Canyon in Anaheim.  Citing CHP sources, the Register listed the following as injured in the crash: 

• Jessica Vasquez, 36, from Burbank, was a passenger in a vehicle and suffered major injuries.
• Edgar Aragon, 36, from Belmont, was the driver of a 2005 Hyundai, who suffered moderate injuries.
• Anghy Aragon, 21, from Fontana, was a passenger and suffered minor injuries.
• German Mora, 22, from Fullerton, was a passenger and suffered moderate injuries.

Details of the crash are still being sorted out, and the Register article with photographs can be found HERE.

The cause of the crash has yet to be determined, but from the photographs it appears the roadway may have been wet at the time.  This condition could have contributed to the happening of the accident.  If one or more of the vehicles was traveling at a speed unsafe for the conditions (rain), they may have lost control and then started the multi-vehicle accident.  In California, it is a violation of the law to operate a vehicle "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."  (California Vehicle Code Section 22350)

Compensation for victims of chain reaction traffic accidents, like the one above, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and causes an accident with a number of other vehicles, 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 chain reaction automobile accident?

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

It is not at all uncomon for someone seeking plastic surgery to rely on advertisements and word of mouth in deciding which plastic surgeon to select.  In today's world of internet access to almost everything, it makes little sense not to do more.  With just a basic understanding of the resources available to the average consumer, anyone planning to go under the knife for plastic surgery should do their homework.

First, the Medical Board of California decided some time ago to make certain information regarding licensed physicians available online.  For example, the Board's website allows consumers to see information regarding a physician's education, board certification (if any) and primary area of practice.  In addition to this, consumers may find out whether a doctor has been disciplined by the Board or if they have had a civil judgment or arbitration award rendered against them, with certain limitations relative to the monetary amount and the number of awards/verdicts.  The Board's website sets out additional limitations on the information and documentation available online.

Beyond the Medical Board's website, there is the superior court website for the county in which the doctor practices.  For example, in Orange County anyone may inspect online court information related to lawsuits against a physician.  This is particularly easy to find if the doctor or his practice ha an unusual name.  While there is rarely a detailed description of the case against the doctor, the number of malpractice suits and the timing of their filing might help to assess whether the physician has a recent history of practicing medicine in a negligent manner.  The Orange County Superior Court website can be found by following this link.

If your or a loved one is considering plastic surgery, there are easily available resources to best ensure the physician selected is qualified.  While even the best of doctors sometimes make mistakes, it is important to do the best job you can of investigating the doctor before allowing them to perform surgery.  When a plastic/cosmetic surgeon practices below the standard of care and injury or death occurs, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

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

• 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 by KTLA, a well known Orange County swim instructor, Todd Sousa, was arrested Thursday on suspicion of child molestation and rape.  Citing Orange County Sheriff Department sources, KTLA went on to report the 15-year-old female victim and her mother walked into Irvine Police Department Wednesday to report that she had sex on four occasions with her swim coach.  Sousa, 36, was arrested Thursday at J. Serra Catholic High School, where he was coaching.  Sousa's company, which he has been operating with his wife since 1994, leases pool space from campuses for swim lessons and is not employed by any schools.  Anyone with information is asked to contact authorities at 714-647-4005.

See the full story HERE.

Generally, the courts have not imposed vicarious liability on private or public entities for sexual assaults or misconduct of their employees.  However, where an employer fails to take protective measures to deter sexual exploitation of minors in their care, such as adequately supervising and enforcing applicable rules and regulations, liability may be imposed.  For example, where it is apparent a minor has become infatuated with an adult and the two are spending unusual amounts of time alone together, the adult's employer may be liable if the minor is victimized.  Under California law, liability may be imposed on a private employer or public entity where the defendant knew or should have known the exploitation was likely to occur, but did not intervene to deter such misconduct.

Compensation for victims of sexual abuse and harassment, especially where the victim is a minor, should be an important concern for all Californians.  When a private or public employer allows such victimization to occur, when they knew or should have known it could happen, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

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

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

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

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

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

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

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

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

According to news reports, a church bus carrying middle school students crashed and went down a snow-covered embankment in Lake Gregory in the San Bernardino Mountains on Monday.  At least one person was killed, reportedly the driver of the bus, and 23 people were injured.  Citing sources with the California Highway Patrol, ABC News reported ten people sustained serious injuries and thirteen suffered minor to moderate injuries.  Officials labeled the tragic accident a mass casualty situation, and victims were taken to every available county hospital.

The bus was apparently carrying twenty-two people including middle and high school-aged children, members of a Korean church called Light of Love Mission Church in Pasadena.  The bus had departed from the Pinecrest Christian Conference Center in Twin Peaks.   For reasons not yet known, the church bus crashed head-on into a Nissan Murano, being driven by an off-duty San Bernardino Fire Battalion Chief, on SR-189 near Lake Gregory Drive just before noon.  The collision sent the bus about 50 feet down a snowy embankment before it crashed into a tree, according to the Callifornia Highway Patrol.

See the full story and photographs HERE.

Under California law, generally bus owners and operators must "use the utmost care and diligence for their passenger's safe carriage, must provide everything necessary for the purpose, and must exercise to that end a reasonable degree of skill."  Bus companies and public entities operating bus lines are known in the law as "common carriers".  When they undertake the business of transporting the general public they bind themselves to carry safely those whom they take into their vehicles, and owe both a duty of utmost care and the vigilance of a very cautious person towards their passengers. Such carriers are responsible for any, even the slightest, negligence and are required to do all that human care, vigilance, and foresight reasonably can do under all the circumstances.

In the case above, it is very likely only a detailed investigation will explain what caused the impact between the church bus and the Nissan Murano.  From preliminary reports, it does not appear that the weather was a factor.  Additionally, officials at the scene have reportedly ruled out the possibility that drugs or alcohol contributed to this tragic bus accident.  Absent credible eyewitness accounts, accident reconstruction experts will have to piece this collision sequence together to make any sense out of how this tragedy occurred.

Compensation for the victims of bus accidents, caused by another’s negligence, should be an important concern for all Californians.  When a bus operator or other driver operates their vehicle in a careless or reckless manner, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury 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 bus accident caused by neglect?

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

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, the kidney transplant program at USC University Hospital was voluntarily shut down last month after it was discovered a patient had received the wrong kidney.  Fortunately, the donor kidney was from a patient who was at least a suitable match for the recipient, and there does not appear to have been any adverse consequences to the patient.   The hospital described the mistake as the result of a processing error.  The mix-up apparently occurred after two kidneys, from separate donors, arrived at the transplant center around the same time on January 29th.  The hospital has been conducting a review of clinical procedures and safeguards since shutting down, and the review is expected to be complete shortly. The hospital will consider resuming transplants at that time.

Read more HERE.

What the case above demonstrates is the type of problem commonly scene in hospitals throughout Southern California.  Here in Orange County for example, there have been reported incidents of patients having the wrong procedure and others who have had surgical implements left inside them.  For example, in one instance, a kidney transplant patient in Orange County was scheduled to have a 19 cm plastic stent removed from his abdomen during a post-operative visit to his surgeon's office.  However, in spite of documentation that the stent was indeed removed, it was found in the patient roughly 6 years later when it had become encrusted, causing a serious infection and related cardiac event. In yet another recent case, a young girl was scheduled to have a surgical procedure performed on her top lip (gum line), but the surgeon inadvertently performed the surgery on her tongue.  The young girl thereafter underwent the correct procedure approximately one month later.

Compensation for victims of medical neglect, should be an important concern for all Californians.  When a physician is not qualified to perform a procedure or for some owther reason performs surgery negligently, 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 a victim of medical neglect?

• 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.

An assistant coach from Moreno Valley and his family were killed in a traffic accident on Saturday, February 12th.  Ryan Villalpando, 32-year-old assistant football coach, was killed in a crash on the 15 Freeway along with his 29-year-old wife Veronica, their 4-year-old son Mateo and infant, Bella Rose.

The collision, which happened around 12:35 p.m. Saturday in Ontario, involved three tractor-trailers, a U-Haul truck, and two passenger vehicles, south of Jurupa Avenue.  Villalpando's car was reportedly sandwiched between two tractor-trailers and was completely engulfed in flames when firefighters arrived on scene.

See the full story HERE: 

The responsibility for this horrific accident will likely be determined by accident reconstruction experts.  Based on the physical evidence and photographs taken at the scene (as well as eyewitness accounts), investigators will have to piece together the accident sequence.  The analysis of an accident like this often requires examination of the mechanical components of the vehicles involved to determine whether a defect caused or contributed to the happening of the accident.  Skid marks, metal deformation and paint transfers will likely play some role in determining how and why the collision occurred.

Compensation for victims of chain reaction traffic accidents, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and causes an accident with a number of other vehicles, 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 chain reaction automobile accident?

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

According to a story in the Orange County Register, a beloved Fullerton Union High School teacher died today, more than three weeks after he was seriously injured during a traffic collision.  Jeff Rupp, a 58-year-old government and philosophy instructor and 2007 teacher of the year, was critically injured after colliding with a car while riding his 2003 Harley-Davidson motorcycle during the evening hours January 19th.  Rupp died just after 2 p.m. Friday, Orange County Coroner's Office officials said.  The exact cause and location of his death weren't immediately clear.

As for the circumstances surrounding the accident, police say Rupp was riding northbound on Euclid Street when the driver of a 2004 Hyundai sedan traveling southbound on Euclid made a left turn in front of him in the Malvern Avenue intersection.  Rupp, who suffered head injuries and broken bones in the collision, was taken to UCI Medical Center in Orange in very critical condition.   According to updates of Rupp's condition posted on the Fullerton Union High School web page, Rupp was moved from the intensive-care unit at UCI Medical Center to a different facility early Friday but remained in a coma and nonresponsive. Several hours later, the school posted "with a very heavy heart" that Rupp had passed away.

Police do not believe that alcohol, drugs or excessive speeds were factors in the crash but are investigating the driver of the Hyundai for failing to yield. No charges have been filed.

See the full story and photographs HERE.

It is very unfortunate that accidents just like the one above happen with alarming frequency.  Motorcycles simply are not as visible as automobiles and drivers often overlook their approach during their turning maneuvers.  It goes without saying that a motorcycle is no match for even a small passenger car when these accidents occur, and safety equipment (even DOT required helmets) cannot prevent serious injuries or fatalities.  In the situation above, the driver of the Hyundai had an obligation to comply with the requirements of California Vehicle Code § 21801, which provides in part:

(a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, 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.

It seems a logical inference that the driver of the Hyundai violated this section, unless there are circumstances beyond the operator's control that would have blocked his view of the oncoming motorcycle.

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

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

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

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.

In an appellate decision rendered just recently, the Second District Court of Appeals allowed a lawsuit against a restaurant to move forward to trial, even though the injured party could not provide any evidence as to how or why a bar stool in which he was seated collapsed.  According to the Court's decision, the customer was injured when he sat down on a counter stool, leaned against the back, and the chair fell off the base, causing him to fall to the ground.  No other physical condition of the premises contributed to the fall.

Of the three screws attached to the seat, the subject of the case, two broke approximately one-half inch from the head, and one broke about one-fourth inch below the head.  The plaintiff had no knowledge or information as to what caused the screws to break.  In fact, when the customer turned the stool in order to sit down, he did not notice anything wrong with the stool and felt no looseness.  The plaintiff did not know whether the screws failed before he placed his body on the seat, and he observed nothing about the screws which indicated long-term failure.  In spite of the defendant's evidence of regular inspections and the absence of any prior, similar accident, the Appellate Court ruled the case should be allowed to proceed to trial under the doctrine of res ipsa loquitur.  That doctrine essentially requires that the injured party prove: (1) the accident would not normally occur absent someone's negligence, (2) that the defendant had exclusive control over the injury causing instrument (in this case the stool) and (3) the accident was not the result of the plaintiff's voluntary action or contribution.

Often, when an accident like the one above occurs it will be difficult if not impossible for the plaintiff to establish exactly what caused the accident to happen.  Instead the law allows, as this case demonstrates, the plaintiff to proceed under the theory that someone else's negligence had to have caused the accident, because the accident would not have happened otherwise.  To proceed in this fashion with a lawsuit, the plaintiff must prove the defendant being sued had exclusive control over the instrument (chair) causing the fall.  A jury may then (in spite of the defendant's claim of regular inspections and even absent a prior accident) be called upon to decide the case.

Compensation for victims of business premises accidents, like the one above, should be an important concern for all Californians.  When a business patron is injured through no fault of his own because of a defect within a business (such as the stool described above), they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an accident involving the failure of chair or stool within a business?

• 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 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.

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

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

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

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

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

Have you or a family been injured by a negligent driver?

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

According to a story in the Press Enterprise, an 85-year-old Moreno Valley woman had surgery last Friday afternoon to repair injuries she suffered when she was attacked by a neighbor's pit bull.  Citing authorities, the story indicated the neighbors identified the woman as Barbara Plunk.  They described her as a widow who loves to tend her garden and owns a bulldog.

The Riverside County Sheriff's Department did not release any details about the attack on Friday, and there didn't appear to be any witnesses.

Medics sent to Plunk's home, after a call from her daughter, found that she had been attacked by a dog.  She was taken to Riverside County Regional Medical Center where she had surgery for injuries to her torso and arms.  Animal control officers quarantined the dog.  Anyone with information about the attack is asked to call Investigator Ed Rose at the Moreno Valley Police Department, 951-247-8700.

See the full story at:  http://www.pe.com/localnews/stories/PE_News_Local_D_wmaul22.d96156a3.html

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

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

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

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.

According to a report in the Orange County Register, a 77-year-old woman was killed after police say a car was broadsided by a van in an Irvine intersection on Tuesday afternoon.  Patricia Thompson-Yates of Irvine was the driver of one of two vehicles that collided in the Culver Drive and Farwell Avenue intersection at about 1:20 p.m., authorities said.  Thompson-Yates was driving a Toyota passenger vehicle eastbound on Farwell, while the van was going southbound on Culver, Irvine police Cmdr. Mike Hamel said.  It wasn't immediately clear which vehicle had the right of way.

Thompson-Yates was taken to Hoag Hospital, where she was pronounced dead just after 2 p.m., Orange County Coroner's Office officials said.

The two drivers were the only occupants of the vehicles, according to Hamel.  No other injuries or arrests were reported.  Authorities are asking anyone who witnessed the collision to call Sgt. Dennis Maisano at 949-724-7023.

See the full story and photographs at: http://www.ocregister.com/news/hamel-284633-woman-police.html

It is likely the fault for this tragic accident will require significant investigation and accident reconstruction.  Additionally, there may well be witnesses to the accident who will be able to shed light on the cause.  It is therefore imperative that appropriate investigators and experts be consulted when necessary to the determination of responsibility.  A seasoned personal injury attorney with experience in the litigation of this tyoe of case can help ensure the victim, or their family, is compensated for any injuries and damages sustained.

Compensation for the victims of 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 by a negligent driver?

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

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

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

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

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

Have you or a family been injured by a negligent driver?

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

On Saturday, January 15th, three people were tragically killed in a multiple-car crash in Newport Beach.  According to news reports, nine vehicles and one motorcycle were involved in the 2:45 p.m. collision at the intersection of Riverside and West Coast Highway.  Two cars were found lying on their sides when the local fire department arrived and some people were trapped inside their cars.

Julie Allen, 27, of Newport Beach, was identified as one of the dead, according to City News Service.  Her vehicle, reportedly a tan Ford Taurus, collided with a Toyota Tacoma pickup and other vehicles, according to police and the coroner's office.  Killed in the pickup were Christopher De La Cruz, 49, of Laguna Niguel, and Linda Burnett, 69, of Santa Ana, according to City News Service.  One person was taken to Western Medical Center in critical condition and is said to be "improving," according to a police department representative. Two people were taken to the hospital with possible broken bones and minor injuries.   All of the injured were adults.

According to Newport Beach police Lt. Bill Hartford, the tan Ford Taurus sedan and Toyota Tacoma truck collided first. The initial crash then triggered eight other collisions. A motorcycle, convertible, truck and Volkswagen bug were among the other vehicles involved.   Three fire engines, three medic units, one truck and one battalion chief from the Newport Beach Fire Department responded to the accident.  The initial investigation by police suggests Allen's vehicle crossed over the center line on Coast Highway, striking at least four other vehicles.

See the full story and photographs at www.ocregister.com/news/crash-284316-truck-involved.html

It remains to be seen what the final determination will be in terms of the cause of this tragic accident.  At least now, it appears the Allen vehicle crossed into opposing lanes of traffic, but it is not clear why this occurred.  Assuming this was indeed the cause of the accident, a violation of the California Vehicle Code, then Allen's estate would be liable for the horrific damages caused.  It may some period of time and likely require extensive accident reconstruction in order to determine the primary cause of this fatal collision.

Compensation for the victims of 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 after an accident.  An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has nearly 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family been injured by a negligent driver?

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

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

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

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

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

Compensation for the victims of hit and run accidents is an important concern for all Californians.  When a victim is seriously injured or killed and the driver flees the scene, that driver should be held accountable for any injuries and damages suffered as a result.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a hit and run accident?

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