On Saturday morning a tragic accident allegedly caused by an intoxicated driver took the life of a 5-year-old girl and badly injured other members of her family.  A Frazier Park woman, Jessica Louise Cowan, has been charged with murder in the hit and run accident that occurred near the intersection of 17th Street and Spurgeon in Santa Ana.  The little girl, Osmara Madrigal, 5, was walking to Norms Restaurant for pancakes with her family when Cowan reportedly blew through a red light and struck the family.  Osmara died at the scene, her sister Grace, 6, suffered critical head trauma and the girls' mother, Eloisa Madrigal, 45, also suffered head trauma and was in "extremely critical" condition.

The Santa Ana Police Department has set up a fund to help the Meza family.  If you would  like to help the family, please go to: http://www.sapdf.org/tragedy/

Nothing can be more devastating than losing a child...especially in such a senseless, tragic accident.  Because of this driver's alleged intoxication, the Mesa family will never be the same, and it will take every ounce of their strength to move on with their lives.  The duration of the injuries to Grace and Eloisa are likely to be life-long, and only the best medical care will help.  To say the least, if convicted, Cowan will deserve every bit of punishment the criminal and civil justice systems will allow.  Perfect justice will never be achieved as we simply cannot turn back time and undo this enormous tragedy, but we have an obligation to the family to do all we can.

Compensation for the victims of serious or fatal automobile accidents caused by an intoxicated driver should be an important concern for all Californians. When a driver operates their vehicle recklessly or while impaired so as to cause a tragic accident like the one above, they should be held accountable.   An Orange County DUI accident attorney with experience at handling wrongful death cases can make a fair assessment of these claims.   Mr. Ralph has more than 21 years of experience handling Orange County automobile accident cases, including those involving wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of 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.

Yesterday afternoon five children were injured in a school bus crash, reportedly caused by a suspected drunk driver.  The accident occurred a little after 3:00 p.m. when a female driver made a left turn in the path of the bus at a Gardena intersection.  The 30-year-old driver of the Mitsubishi Eclipse was taken for a medical evaluation and was to be booked on suspicion of drunk driving.  According to the CHP officer investigating the accident, the woman had the odor of alcohol on her breath.  Fortunately, none of the injuries to the children or the bus driver were described as serious.

See the KTLA news story and video HERE.

Drunk driving accidents are far too common, and the one above is a perfect example of what happens.  A driver, who probably doesn't think they are impaired, makes a poorly calculated decision they can make a turn safely when in fact the oncoming vehicle (bus) was too close, causing the accident.  In this instance, the impact was severe enough to all but demolish the front of the bus and send it into a nearby building.  Everyone aboard the bus is fortunate the injuries were not more severe.  Now, the female driver of the Mitsubishi faces felony drunk driving charges (because of the injuries) and civil liability for her violation of the law.  If the driver is found guilty of a violation of the left turn law (California Vehicle Code Section 21801) and/or the drunk driving statute (California Vehicle Code Section 23152), her civil liability will have been likewise established by the doctrine of "negligence per se."

Compensation for the victims of drunk driving collisions should be an important concern for all Californians.  When an impaired driver carelessly causes a serious or fatal accident, they should be held accountable for the injuries and damages to the victims and those family members left behind.  An attorney with experience at handling DUI accident cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years years of experience handling traffic collision cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been seriously injured in an accident caused by an 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.

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.