BLOG

 A woman in her 90s crashed her vehicle into the patio of a doughnut shop in Orange earlier today, injuring herself and three others.  According to the article in the Orange County Register, the elderly driver was trying to back out of a parking space when the accident occurred.  Reportedly, the initial investigation revealed that the woman accidentally stepped on the gas pedal instead of the brake, causing her Cadillac Northstar to accelerate.  The accident happened at DK's Donuts located on Chapman Avenue.  The three men and the driver were taken to local hospitals, but their conditions were not immediately known.

See the Orange County Register and photographs article HERE. 

Elderly drivers can sometimes pose a serious risk when behind the wheel, although it is not the age of the driver alone that is problematic.  With age comes certain physical impairments that may increase the risk of an accident.  For example, drivers of any age are required to possess certain visual acuity before being issued a license to drive.  A driver's poor vision may subject them to a corrective lense restriction on their license.  Other age-related restrictions may include the following:

-  No freeway driving

-  Driving a vehicle with an additional right side mirror

-  Driving from sunrise to sunset (no nighttime driving)

-  Time of day restriction (for example, not during rush hour traffic)

-  Using adequate support to ensure proper driving position

-  Area restriction

-  Wearing bioptic telescopic lens when driving/restricted to driving from sunrise to sunset

See the California DMV website regarding Senior Driver restrictions HERE.

When the age of a driver contributes to physical limitations that may increase the danger while behind the wheel, the elderly driver's license should be restricted.  Unfortunately, the restrictions above do not take into account the diminution in perception-reaction time and hand-eye coordination that generally follow with aging.  Simply stated, if a driver (because of their age) has lost the ability to safely operate a motor vehicle, the driver's privilege to operate a vehicle should be terminated, for everyone's benefit.

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

Have you or a loved one been seriously injured in an accident with an elderly, impaired driver?

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

This morning a Moreno Valley boy lost part of his ear after a large dog attacked him and his mother as they walked through their neighborhood.  According to the KTLA news story, the 6-year-old was walking alongside his mother who was pushing a stroller carrying her younger child at the time of the attack.  The tragic incident reportedly occurred at approximately 11:40 a.m. near the intersection of Indian Avenue and Myers Avenue.  The 120-pound dog apparently escaped from its yard and attacked the family.  The 6-year-old lost part of his ear and suffered a bite to the back of his head.  Paramedics rushed the boy to a nearby hospital for emergency medical treatment.  Following the attack, Moreno Valley Animal Control Services arrived and seized the dog, which is now subject to euthanasia.

See the KTLA story and photograph HERE.

Dog attacks like the one above happen with alarming frequency, in spite of the fact that nearly every municipality has laws in place to deter dog owners from allowing their animals out of their yards, even unintentionally.  In fact, the Moreno Valley Municipal Code (Section 10.02.080, entitled "At Large or Stray Animals") makes it unlawful  "... for the owner of any animal, other than a cat, to allow such animal to run at large within the city."  The Municipal Code also makes it a misdemeanor if the animal "inflicts injury to any human or animal, or threatens public health or safety".  In the case above, the owner of the dog may well have criminal culpability because of the injury to the little boy.  Beyond that, the boy's family has the right to bring a civil action against the owner on behalf of the 6-year-old.  Under California law, the court may allow a "guardian ad litem" to bring an action for the benefit of a minor child.  This would allow the guardian, usually a parent, to seek damages for their child, and money would be made available for medical needs, including any plastic surgery that may be required in the future.  In any case in which a settlement is reached between the parties (assuming the settlement is above $5,000.00), the court is called upon to determine whether the settlement is in the best interests of the child.  In making such a decision, the court takes into account a number of factors including the injury sustained, the medical expenses incurred, future medical needs and the pain and suffering the child has and/or will endure.

Compensation for the victims of vicious dog attacks should be an important concern for all Californians.   When an innocent child is attacked and seriously injured, the dog’s owner should be held accountable for all of the injuries and damages suffered.  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.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a dog bite or 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.

Wet weather has once again wreaked havoc on Orange County roadways.  There were a number of traffic accidents reported this morning, including several in the Fullerton and Brea areas.  At about 12:30 p.m., the driver of a BMW crashed into a tree in the center divider of Bastanchury Road, just west of State College Boulevard.  According to a story in the Orange County Register, firefighters had to remove the driver's side door to extricate the driver who was eventually taken to the hospital for treatment of what were described as minor injuries.  Just before 10:30 a.m., two automobiles and a big-rig collided on the northbound I-5 near Chapman Avenue, according to the news report.  If all that was not enough, two separate accidents were reported in the area of Brea Canyon Road, including a roll over crash.   

See the Orange County Register article and photographs HERE.

Wet and slippery roads are often a contributing factor when accidents like the ones above occur.  It is unfortunate that not every driver on the road adjusts their driving to suit the weather and roadway conditions.   Speed is nearly always a factor in these wet weather accidents as drivers simply do not reduce the speed of their vehicle to accommodate for less traction in turns and greater stopping distances.  When there is water on the road, you should slow your vehicle down by 5 to 10 miles per hour.  This is especially true if the weather has been dry for some period of time before.  In the event your vehicle starts to skid, ease off the gas pedal, stop braking, and turn the steering wheel in the direction of the skid.  See the DMV Handbook regarding adverse weather condition driving HERE.

Compensation for the victims of serious, weather-related automobile accidents caused by careless drivers should be an important concern for all Californians.  When a driver operates their vehicle at a speed unsafe for the weather conditions, they should be held accountable for the injuries and damages they cause.  An Orange County injury trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling freeway accident cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been seriously injured in a weather-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.

An Orange County plastic surgeon, Mark Anthony Knight, is being sued by a woman who claims he gave her enormous breast implants, even though she had consulted with him about a breast lift surgery.  Knight, who surrendered his medical license amid allegations of sexual misconduct, reportedly performed the breast augmentation surgery just days before losing his license.  The patient, Elisa Geraci, alleges she wanted a breast lift after losing a large amount of weight, but Knight recommended a $3,500.00 augmentation procedure instead.  After the surgery two weeks later, Geraci claims she awoke to find enormous implants and a body that made her feel like a "monster."   She eventually went to another plastic surgeon who removed the implants and performed a breast lift.

See the KTLA story and photograph HERE.

Patients looking for plastic surgery should keep in mind that cosmetic surgeons are not always looking out for their best interests.  Unscrupulous doctors will sometimes make promises that cannot be kept and will lead a patient to believe unrealistic results or changes in their appearance can actually be achieved.  They sometimes do this in order to keep the patient happy and ensure the doctor will make money from the surgery performed.  When confronted with unrealistic patient expectations, the standard of care requires a plastic surgeon to so inform the patient and make clear what can be done via a particular surgery, even though the patient may then opt to see another surgeon.   In the case above, while it is possible to give the appearance of "lifted" breasts by way of an augmentation, the implants themselves can contribute to drooping because of their weight.  The augmentation procedure itself is simpler than a breast lift and perhaps Knight recommended a procedure he found easier.  It is also interesting to note the cost of the augmentation appears to be well below the community norm for such a surgery, perhaps an indicator of the quality of service.

Compensation for victims of medical malpractice committed by plastic and cosmetic surgeons should be an important concern for all Californians.   When a physician carelessly harms a patient, they should be held accountable. An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims.   Mr. Ralph has over 20 years of experience handling personal injury 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 botched cosmetic procedure?

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 43-year-old man died on Sunday night following an altercation with police in which the man was shocked with a taser.  The subject, Hutalio Serrano, had been contacted by Colton police after a 9-1-1 called was placed, reporting a family disturbance.   According to a report by KTLA news, Serrano apparently refused to obey the officers' commands and became combative, resisting their efforts to calm him down.  During the altercation, an officer deployed his taser at least once on Serrrano without success.  It reportedly took three officers to subdue and handcuff Serrano who continued to resist even after he was restrained.  According to the news report, Serrano suffered some sort of medical emergency after being arrested and had to be transported to Loma Linda university Medical Center where he was pronounced dead a short time later.

See the KTLA news story and photographs HERE.

When an incident like the one occurs, the question of whether the amount of force used by the police was reasonable comes quickly to mind.  With a family disturbance call, officers are often thrust into violent situations.  however, the use of force used by police officers to overcome any violence directed at them must be reasonable.  'The 'reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.  From the description of the incident above, we simply do not know how much force was reasonable and whether deployment of a taser (perhaps multiple times) was warranted.  Beyond that,  where an officer intentionally or recklessly provokes a violent confrontation, if the provocation is an independent Fourth Amendment violation, he may be held liable for his otherwise defensive use of deadly force.  In other words, an officer may be liable for using deadly force if his own actions provoked (violence or an escalation in the violence) from the party being apprehended or arrested.

Compensation for the victims of excessive force by the police should be an important concern for all Californians. When someone being taken into custody is unnecessarily injured or killed by the police, the police department should be held accountable for all of the injuries and damages sustained. An Orange County civil rights attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of police brutality?

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 family from San Juan Capistrano was rescued this past Thursday after their car was struck from behind by a big-rig on Highway 101just south of Buellton, California.  According to a story by KTLA news, the impact was so hard it knocked the family's BMW through a concrete guardrail, causing it to hang precariously off the side of the freeway.   Firefighters had to remove a 10-year-old girl, a 10-week-old baby girl, and a 36-year-old woman from the vehicle as it hung over the edge.  Citing official sources, KTLA reported all three of the victims were taken to Santa Barbara Cottage Hospital.  The woman, identified as Kelli Lynne Groves, and the 10-year-old girl suffered major injuries and were flown to the hospital, but the 10-week-old girl was "conscious and alert" at the scene and sustained only minor injuries.  The big-rig driver sustained fatal injuries after his vehicle went through the guardrail and plunged to ground below, bursting into flames.  

See the KTLA news story and photographs HERE.  

The precise circumstances surrounding the accident above are not yet known.  However, when a vehicle strikes another from behind there is a presumption of negligence on the part of the driver who collides with the vehicle ahead.  In general, the fact that the operator of a vehicle runs down the vehicle ahead of him furnishes some evidence that he either was driving at too high a rate of speed, or that he was following too closely the vehicle ahead of him.  This is a rebuttable presumption, and evidence that the driver ahead suddenly stopped or suddenly decreased the speed of their vehicle on a highway without first giving an appropriate signal may factor into the determination of fault.  In the case above, an analysis of witness statements, roadway skids, metal deformation and other reconstructive elements will allow law enforcement and the parties involved to determine the cause of and fault for this tragic accident.  

Compensation for the victims of serious, rear-end automobile accidents caused by careless or inattentive drivers should be an important concern for all Californians. When a driver operates their vehicle at a speed unsafe for the conditions, they 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 more than 20 years of experience handling freeway accident cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been seriously injured in a rear-end 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.

 KTLA news has reported that a mentally ill woman in Bellflower was struck in the face with a fist or elbow by a Los Angeles County Deputy Sheriff.  According to the news report, and related video footage, the woman,  42-year-old Julie Nelson, was allegedly causing a disturbance aboard a bus on Monday when the incident occurred.  While Nelson's version differs from that of the Sheriff's Department, the video clearly shows Nelson had her hands down (held by the deputy) at the time she is hit in the face by the deputy.  The incident is being investigated by the Sheriff's Department, and Sheriff Lee Baca has been quoted as calling the video "disturbing."  Nelson reportedly has a history of mental illness and violent behavior in the past.

See the KTLA news story and cell phone video HERE.

Analyzing a case like the one above to determine whether the amount of force used was reasonable is often very difficult, even when a video of the incident exists.  A police officer attempting to make an arrest is justified in using as much force as appears reasonably necessary to enable them in safety to themselves to compel submission to the process of the law.  With regard to the suspect's legal obligations, the law in California is clear: "If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest."  (California Penal Code § 834a)  In the videotape of the arrest above, it appears the officer has Nelson's hands pinned at her sides in the moments before the blow is struck.   It is not clear, however, what had transpired before the cell phone camera was activated and if Nelson had physically (at least to that point) resisted arrest.  Assuming that she had, the law still does not permit a police officer to strike a blow to a suspect's face if the threat or resistance has passed.   It will be interesting to see just what will come of Nelson's claim of excessive force.

Compensation for the victims of excessive force by the police should be an important concern for all Californians.  When a member of the public is subjected to police brutality, the police department should be held accountable and compensation paid to the victim or the victim's family. An Orange County police misconduct attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of excessive police force?

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

This afternoon an SUV flipped over on the 110 Freeway and seven people were injured in the accident, two of them critically.  According to KTLA news, the accident occurred at the Florence Avenue off-ramp at approximately 4 p.m.  Reportedly, two of the seven injured were actually ejected from the vehicle, suffering the most serious injuries.  One other occupant suffered moderate injuries and the remaining four were described as suffering minor injuries.  According to the KTLA report, many of the victims of this accident were teenagers, but their precise age and identities have not yet been released.

See the KTLA news story HERE.

A number of studies have established that Los Angeles County freeways are the most congested and the most dangerous in the nation.  In particular, the Harbor Freeway (110) in the downtown area has been found to be the most dangerous stretch of roadway.  It's no surprise the accident frequency is related to the Harbor Freeway's congestion.  In addition to the danger presented by this stretch of freeway, the occurrence of the accident above may have some relation to the age of the driver involved.  Teen drivers are involved in a disproportionately high number of serious injury and fatal accidents, in part because of their immaturity and inexperience.  Additionally, teen drivers have a lower rate of seat belt use, something that may have contributed to the two ejections in the accident this afternoon.  Given the severity of the 110 Freeway accident, the California Highway Patrol will likely conduct a fairly extensive investigation and reconstruction of the accident, in order to determine what role, if any, the freeway conditions and age of the driver played in the happening of this rollover collision.

Compensation for the victims of serious automobile accidents caused by negligent and inexperienced drivers should be an important concern for all Californians. When a driver operates their vehicle carelessly, they should be held accountable for the injuries and damages they cause.  An Orange County  trial lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling freeway accident cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been seriously injured in a freeway accident?

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

On December 30th, an Orange County doctor, Dariush Javanshir, M.D., finally lost his license to practice medicine in California after the Medical Board found the doctor had overprescribed pain and anxiety medication to a depressed patient who died of an overdose.  Javanshir, who has a long history of Board discipline and malpractice lawsuits, was last practicing medicine in Irvine.   According to an article in the Orange County Register, the doctor did not contest the Medical Board's revocation of his license, and his office number is disconnected.  Javanshir's history of discipline by the Board goes all the way back to 1995, when he had been in practice here in California for 10 years.   In that first case, Javanshir was accused of prescribing controlled substances and dangerous drugs in such a manner so as to cause the patient to become addicted.  That alleged misconduct actually began just one year after the doctor received his license to practice in this State.  After roughly 25 years of practice from the date of his first breach of community standards, Javanshir has just now lost his license to treat patients.

See the Orange County Register article HERE.  Also, see the Orange County Superior Court index of civil lawsuits HERE.

What this case demonstrates is that even with multiple actions filed by the Attorney General's Office and discipline by the Medical Board, as well as a number of civil lawsuits having been filed, a doctor's license and his ability to harm patients is not significantly compromised.  From his track record, it looks as though Javanshir was either not competent to practice medicine within community standards or consciously disregarded those standards for his own personal reasons or gain.  In spite of this, he apparently continued to operate a lucrative medical practice in Orange County, and it appears he has only been stopped now because of his connection to a patient's death.  With the information now available online to potential patients, it is always a good idea to review the background of any doctor with whom you are considering treatment.  A search of the court records and Medical Board website will often, but certainly not always, provide information useful in determining whether a particular doctor possesses the level of skill, knowledge, and care that other reasonably careful doctors in the same area of practice possess.

Compensation for the victims of medical malpractice committed by unqualified, careless or even reckless doctors should be an important concern for all Californians.   When a physician without the necessary training and experience harms a patient, they should be held accountable.  An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims.   Mr. Ralph has over 20 years of experience handling personal injury 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 negligent 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.

Yesterday morning a Huntington Beach police van carrying five prisoners was hit by a white Toyota Camry at the intersection of Ward Street and Ellis Avenue in Fountain Valley.  All of the passengers were taken to area hospitals, and the driver of the Camry and one prisoner suffered traumatic injuries, according to a report by the Orange County Register.  The van was apparently transporting prisoners from Huntington Beach jail to the Orange County Detention Center when an unlicensed driver, Juan Ruiz of Santa Ana, ran a red light and crashed into the van.  Citing official sources, the Register reported that Ruiz was traveling southbound on Ward Street at about 40 miles per hour when he ran through a red light and collided with the police van.  

See the Orange County Register article and photographs HERE.

From the photographs taken at the accident scene, it is easy to understand how those aboard the police van could have sustained traumatic injuries.  The front of the police van and the front of the Camry were essentially demolished in the crash.  Even restrained passengers in an accident of this magnitude would likely suffer acceleration-deceleration type injuries.  As for responsibility, it would appear eyewitness accounts and physical evidence at the scene have led investigators to conclude Ruiz was to blame for the collision.  While his status as an unlicensed driver does not necessarily demonstrate fault, it may suggest a lack of driver training and experience contributing to the happening of the accident.  Ruiz apparently failed to keep his eyes on the road and the traffic signal ahead as he was traveling a reported 40 miles per hour.  From the photographs, it looks like it was foggy at the time of the accident and perhaps Ruiz did not adjust his speed to account for the limited visibility.

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

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