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

See the Press Enterprise story HERE.

Assuming the description of the accident above is accurate, then it would appear Boatwright will have a lot to answer for, both in criminal and civil court.  A DUI driver who causes death and other serious injuries can expect to be charged with manslaughter, at a minimum, and felony DUI.  Any felony conviction arising from the accident may lead to certain preferential treatment for the victims and their families in a civil case.  For example, in a civil action against a defendant based on conduct that has resulted in the defendant's conviction of a felony offense, the Legislature has eased the plaintiff's burdens by waiving filing fees (Government Code, § 70611), giving those actions calendar preference for trial setting (Code Civil Procedure, § 37), and allowing a prevailing plaintiff to recover attorney fees (C.C.P., § 1021.4).   In this case, Murphy's family may be entitled to the benefit of these California statutes if Boatwright is convicted of a felony in relation to the accident.  Under California law, the damages recoverable in that wrongful death case include compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support Murphy would have provided.

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

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

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

Yesterday afternoon in Beverly Hills, perhaps as s many as 15 people were injured when two buses collided.  According to a story published by KTLA news, the accident happened at about 3:30 p.m. when a Metro bus rear-ended a double-decker City Sights LA tour bus on Wilshire Boulevard.  Reportedly, the tour bus was parked at the time of the crash, and there were no passengers aboard.  Citing official sources, KTLA reported that of the 20-25 people aboard the MTA bus, 15 complained of injuries such as cuts and bruises.  Of those injured, 9 were taken to a local hospital for evaluation and treatment.  None of the injuries were described as life-threatening.

See the KTLA story and photographs HERE.

Under California law, bus owners and operators (including those associated with public entities such as the MTA) 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.  This is an exceptionally high legal standard, and any violation of the California Vehicle Code would likely be sufficient for a finding of negligence.  In the story above, it seems likely the driver of the MTA bus was not driving at a speed safe for the conditions and was not able to stop in time once he or she realized the tour bus was actually parked.

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

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

See the KTLA news story HERE.

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

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

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

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

Earlier this month, the California Department of Fair Employment and Housing (DFEH) announced a $70,000 settlement of a workplace sexual orientation harassment case against Limited Brands Store Operations, Inc., and Bath & Body Works, LLC.  In that case, a manager of a Bath & Body Works was accused of harassing her co- manager because of his sexual orientation.  The DFEH filed an accusation with the Fair Employment and Housing Commission after investigating the co-manager's complaint, who began working at Bath & Body Works in August 2007.  In short, the complainant claimed that from his first day on the job, his female supervisor referred to him multiple times a day using slurs based on his sexual orientation, drew pictures of male genitals, which she hung in the store’s back room, told his co-workers that he liked kissing boys, and falsely claimed that his attitude was affecting the work environment. The Department’s accusation further alleged that, even though another store manager witnessed the harassment and the employee complained to the district manager, Bath & Body Works failed to stop the harassment, ultimately forcing the victim to quit his job.

As part of the $70,000 settlement, Bath & Body Works, LLC agreed to provide discrimination and harassment prevention training to its supervisors and managers, provide training to all new hires within 60 business days of hire, display posters informing employees of their right to report discrimination to the DFEH, and retain copies of all complaints of discrimination and harassment made by employees alleging a violation of the Fair Employment and Housing Act.  As is typical in such cases, Bath & Body Works did not admit to any liability in the agreement to settle.

See the DFEH press release HERE.

California law has long prohibited sexual harassment in the workplace, including that based on sexual orientation.  When co-workers or supervisors create a hostile work environment by way of repeated and offensive conduct, the victim has the right to pursue his or her legal remedies with the DFEH, EEOC or in a civil lawsuit.  With regard to a lawsuit, California law first requires the injured employee to exhaust their administrative remedy.  In this context, that simply means the employee files a complaint (which can be done online) with the DFEH and simultaneously requests a "Right to Sue Notice".  Once the Notice is issued, which usually happens almost immediately, the wronged employee may pursue their civil remedies in court.  Civil remedies may include lost wages, loss of future earnings, emotional distress damages, attorney's fees and punitive damages.  Unlike a DFEH action, a victim pursuing their remedies in civil court is not limited in the amount of damages they can recover.  There are certain time limitations in terms of filing a Complaint with the DFEH, and it therefore important that victims understand their legal rights and available remedies as soon as possible.

Compensation for victims of sexual harassment and discrimination should be an important concern for all Californians.   When a co-worker or supervisor victimizes someone in the workplace, because of that person's sex or sexual orientation, the the harassing employee and employer should be held liable. An Orange County sexual harassment lawyer with experience at handling such cases can make a fair assessment of these claims.   Mr. Ralph has more than 20 years of experience handling 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.

A dog described as a pit-bull mix bit two young girls last night in Coachella, leaving one with serious wounds.  According to a story in the Press Enterprise, the dog later attacked police officers who responded to the scene, one of whom fatally shot the dog.  The dog attack happened at about 9:45 p.m. near a shopping center along 48th Avenue east of Jackson Street.  The two girls, ages 9 and 12, were apparently walking along the south sidewalk of 48th Avenue when the attack occurred.  The 12-year-old girl, reportedly from Coachella, suffered a serious leg wound, and her younger companion suffered minor injuries.  It was when the police officers attempted to contain the dog, while awaiting the arrival of animal control, that the dog attacked them and had to be shot.  

See the Press Enterprise story HERE.

Dog bites like this occur all too frequently and often involve small children.  It is not surprising this attack involved a pit-bull mix as the breed has a reputation for being vicious and statistics support that fact as well.  Of the fatal bites reported across the country, occurring over a number of years, pit-bulls were more than three times as likely as the next most dangerous breed to cause a fatal attack.  Consequently, many homeowner's insurance carriers will not provide coverage for a pit-bull in the event of an attack. The dog owner, under that scenario, would then be exposed to individual liability for the injuries and damages caused.  In the news story above, it is unknown whether an owner has been identified and whether the dog had been allowed to roam or whether it had somehow escaped a leash or enclosure.  In either case, absent very unusual circumstances not apparent here, the dog owner would be strictly liable for the injuries sustained by these two young girls.  

Compensation for the victims of vicious dog attacks should be an important concern for all Californians. When a victim is attacked and seriously injured or killed, the dog’s owner should be held accountable for all of the injuries and damages sustained. An Orange County dog bite attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  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 attack?

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

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

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

See the KTLA news story and video HERE.

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

Compensation for the victims of hit and run accidents should be an important concern for all Californians.  When a driver negligently or recklessly causes an injury or fatal accident and then flees the scene, they should be held criminally and civilly accountable.  An Orange County personal injury lawyer with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate legal representation.  Mr. Ralph has more than 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a hit-and-run automobile accident?

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

One person was killed after a Jeep reportedly ran a red light at a high rate of speed and later crashed, landing on top of a building at Marco Forster Middle School in San Juan Capistrano. According to a report in the Orange County Register, the accident happened at about 3:40 p.m. Tuesday. By the time emergency personnel arrived, the vehicle was fully engulfed in flames. The driver was able to get out of the car in time, but the passenger, despite the efforts of bystanders and emergency personnel, could not be freed immediately and was pronounced dead at the scene.

According to witnesses, after running the red light, the Jeep sideswiped another vehicle, went up a curb and then through a chain-linked fence before landing on top of the equipment shed at the school. The names of the driver and passenger, both reportedly 21 years old, have not been released. The exact cause of the accident is still under investigation.

See the Orange County Register article HERE.

The cause of this accident is still undetermined, and it remains to be seen why the Jeep was traveling at a high rate of speed and then through a red light. Witnesses, including the driver, will have to be interviewed and a reconstruction of the accident will allow a final determination of the cause. As with any serious or fatal accident, the investigating law enforcement agency is expected to do a thorough analysis, including an inquiry into whether or not drugs or alcohol played a role.

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

Have you or a loved one been seriously injured or killed in an automobile accident involving an impaired or reckless driver?

• Auto Accident in San Juan Capistrano Leaves One DeadNothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case. 

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

See the KTLA news story HERE.

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

See the Press Enterprise story HERE.

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

Compensation for the victims of automobile accidents caused by an intoxicated driver’s negligence should be an important concern for all Californians. When an impaired driver negligently or recklessly causes a traffic accident and death results, the driver should be held accountable. An Orange County drunk driving accident attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including those against drunk drivers. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Has a loved one been killed in an automobile accident involving an intoxicated driver?

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

A young pregnant woman was found dead in her Pacifica home Thursday afternoon from an apparent attack by a pit bull.  According to a report by KTLA news, the victim, 32 year-old Darla Norpa, was found unresponsive by her husband who arrived home from work at around noon.  One of the family's two pit bulls was near Norpa's body, covered in blood.  The second dog was discovered cowering in a corner of the home.  When emergency personnel arrived on scene the bloodied dog, Gunner, approached them in the front yard and was then shot three times by officers.   According to a spokesperson for the Peninsula Human Society, he had not seen anything like this in his 13 years with the society.

See the full KTLA story and photograph HERE.

The above story is a stark reminder of the danger posed by vicious dogs, especially when they possess the power and the bite of a pit bull.  This particular breed is notorious for causing serious injuries and death because of its aggression and propensity for locking on to its victims during an attack.  In fact, pit bulls have been involved in more fatal human attacks than any other breed of dog.  

As for dog bites in general, according to the Centers for Disease Control,  aggressive dogs pose a significant health and safety issue:

• About 4.5 million people are bitten by dogs each year.
• Almost one in five of those who are bitten :a total of 885,000: require medical attention for dog bite-related injuries.
• In 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs.

See the official CDC website.

Compensation for the victims of vicious dog attacks should be an important concern for all Californians. When a victim is attacked and seriously injured or killed, the dog’s owner should be held accountable for all of the 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 more than 20 years of experience handling 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 attack?

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

A Riverside Transit Agency bus slammed into stopped traffic Wednesday morning on southbound Interstate 15 in Temecula.  According to a story in the Press Enterprise, the commuter bus slammed into backed-up traffic on a stretch of highway notorious for congestion and a high rate of accidents.  The chain reaction crash involved a total of five vehicles, and it sent a total of seven people to local hospitals, including the driver of the bus, whose right leg was almost completely severed..

The Enterprise report indicates the accident happened about 7:50 a.m. yesterday when the RTA bus carrying five passengers rammed into the back of a white box truck that was stopped at the end of a line of cars waiting to exit the freeway at Winchester Road.  The bus driver is suspected of failing to notice the traffic ahead had come to a stop.  According to the news report, citing information from Caltrans, the area of this accident is notorious for backed up traffic and accidents.  The Winchester Road exit is often where traffic is at a stand still for considerable periods of time during the day.  While these facts make this accident less than surprising to local residents, nothing absolves the bus driver from using due care when transporting passengers.

See the Press Enterprise 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.

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 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.   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.