A family of three was sent to the hospital after an SUV crashed into them while seated at an Orange County restaurant. According to KTLA/Los Angeles Times, the accident happened yesterday afternoon at the Big K's Burgers on 1st Street in Santa Ana. The three victims, a man, woman and their 5-year-old daughter, were taken to a local hospital where all were listed in stable condition.

The Press Enterprise has reported that alcohol is suspected as a factor in a major injury collision over the weekend in Moreno Valley. The accident occurred on Saturday night at about 10:30 p.m. at the intersection of Heacock Street and Parkland Avenue. According to the report, a man driving south in a Toyota Camry ran a red light and collided with a Chevrolet Cavalier turning left from Heacock onto Parkland. The Camry's driver had to be cut from the wreckage and was taken to the hospital in

The Orange County Register has reported the happening of a fatal motor vehicle versus pedestrian accident this morning in Mission Viejo. According to the report, a man was killed after being struck by at least two vehicles while crossing a rain slick Alicia Parkway near Coronel Drive. Only two of the motorist stopped, and it is not known whether the other drivers involved were aware of what had happened. Initial reports from authorities question whether darkness and the condition of the road

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

See the Orange County Register HERE.

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

(1)  A lamp emitting a white light that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle.

(2)  A red reflector on the rear that shall be visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.

(3)  A white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a distance of 200 feet.

(4)  A white or yellow reflector on each side forward of the center of the bicycle, and a white or red reflector on each side to the rear of the center of the bicycle, except that bicycles that are equipped with reflectorized tires on the front and the rear need not be equipped with these side reflectors.

(California Vehicle Code Section 21201)

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

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

Have you or a loved one been injured or killed in a motor vehicle versus bicycle accident?

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

 

A suspected drunk driver ran into a large group of cyclists this morning, injuring eleven, two critically.  KTLA news reported the early morning accident happened just before 2 a.m. near Culver City, along Jefferson Boulevard at Hetzler Road in Baldwin Village.  The suspect, identified as 27-year old Christine Dahab, reportedly drove into a large group of cyclists, after revving her engine and jumping a curb.  The group of riders, numbering approximately seventy to one hundred, are believed to be part of Midnight Ridazz, who generally ride in a large group every Wednesday night.

See the full KTLA news story and video HERE.

If the issue of intoxication were not enough, there were also witness reports that Dahab may have been using a cell phone at the time of the accident.  This horrible accident is a stark reminder of what carnage a careless or intoxicated driver can do behind the wheel of a two-ton vehicle.  Bicyclists have just as much right to utilize public roadways as the operator of a motor vehicle.  Unfortunately, when a driver acts recklessly behind the wheel of a car the consequences for a cyclist can be devastating.  Had Dahab run her vehicle into another car, the consequences would likely have been much less devastating.

The cause of this particular accident is likely still under investigation, and it remains to be seen what issues of visibility, if any, may play a role in assessing overall responsibility for the accident.  Under the law in California, when a cyclists rides on the street at night, they must have the following equipment:

(1) A lamp emitting a white light that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle.
(2) A red reflector on the rear that shall be visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.
(3) A white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a distance of 200 feet.
(4) A white or yellow reflector on each side forward of the center of the bicycle, and a white or red reflector on each side to the rear of the center of the bicycle, except that bicycles that are equipped with reflectorized tires on the front and the rear need not be equipped with these side reflectors.

Conceivably, whether the cyclists involved in this accident complied with the law above could be raised as a defense by Dahab.  If she proves to have been grossly intoxicated at the time of the accident, such a defense may not be very compelling.

Compensation for the victims of motor vehicle versus bicycle accidents should be an important concern for all Californians.  When a driver negligently or recklessly 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 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 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.

KTLA news has reported the family of Bryan Stow has filed a lawsuit against the Dodgers organization earlier this week.  The lawsuit alleges that security cutbacks and antiquated facilities at Dodger Stadium contributed to the severity of the injuries Bryan Stow sustained in the attack.  The complaint filed with the court sets forth claims for negligence, premises liability, negligent hiring and intentional infliction of emotional distress.  Since the attack on Stow on March 31st, security has been tightened at Dodger Stadium, and LAPD stepped up its presence at the game, with officers on foot, horseback, bikes and Segways.

See the KTLA news story HERE.

In the civil case filed o n behalf of Bryan Stow, it must be shown by the plaintiff that the Dodgers organization was negligent, not just that the incident took place on Dodger Stadium property.  Evidence relevant to the negligence claim would likely include the history of violent criminal acts on the property, the training and qualifications of the security staff and the security policies and procedures implemented by the Dodgers.  In general, business proprietors (such as the Dodgers) owe a duty to their patrons to maintain their premises in a reasonably safe condition, and this duty includes an obligation to undertake reasonable steps to secure common areas against foreseeable criminal acts of third parties that are likely to occur in the absence of such precautionary measures.  Additionally, even if you assume the amount of security provided to be adequate in a particular situation, then the question becomes whether the security employees acted reasonably under the circumstances.  In the Stow case, the discovery conducted by the parties (the process through which the parties to a lawsuit formally exchange information and evidence) will enable both sides to determine whether the claims are meritorious and if the case should be resolved without the need for a jury trial.

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 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.

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.

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

See the Register article HERE.

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

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

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

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

 

According to a 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 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 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.

On Tuesday evening, at approximately 7:00 p.m., a pedestrian was struck and killed by at least two vehicles while crossing a major street in the high desert city of Hesperia, according to news reports.  The accident reportedly occurred on Bear Valley Road, east of Second Avenue, a short distance from Desert Valley Hospital.  The victim's name is being withheld pending notification of relatives.  http://www.pe.com/localnews/sbcounty/stories/PE_News_Local_D_webpedestrian.168bb83.html

Also on Tuesday, in the afternoon, a 70-year-old man was injured after being struck by a vehicle while a crossing a street in downtown Santa Ana, according to police reports.  The pedestrian was struck while crossing in the 1100 block of West 17th Street, near Towner Street, at about 4:30 p.m., Santa Ana police Cmdr. Tammy Franks said.  The man, who authorities have not identified, was taken to a hospital with "significant" injuries, including broken bones, Franks said. It was not immediately clear what type of vehicle struck the man.  No arrests have been made, and police don't believe that alcohol was a factor.  http://www.ocregister.com/news/street-277459-struck-police.html

In the cases above, the cause of the pedestrian accidents are still under investigation.  In reviewing collisions such as this, the respective duties of driver and pedestrian should be kept in mind.  Since the operator of a motor vehicle controls the deadly instrumentality, the greater duty of observation and accident avoidance is theirs.  At the same time, a pedestrian does share the same duty to keep a reasonable lookout for motor vehicles and other dangers when crossing the street.   Here, the accidents occurred in the afternoon or evening hours when visibility and lighting could have been an issue.   Drivers and pedestrians must both keep a careful lookout when one or both might be difficult to see by the other.  Drivers should always proceed with caution in dark or dimly lit areas where pedestrian crossings are known to occur.  Likewise, pedestrians should not assume they can be seen by drivers behind the wheel of oncoming vehicles.

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 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 injured in a pedestrian/intersection 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.