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2/18/2013 Glass Case Against Orange County Apartment Complex Settled
Last month the lawsuit against an Orange County apartment complex for an allegedly dangerous window was settled for $185,000.00. The firm had filed suit on behalf of a female resident after a window shattered near her bed cutting her leg severely, resulting in surgery and residual scarring.
9/3/2012 Case Resolved In Anaheim Bar Assault
Firm resolves assault victim's third-party case against bar owner in Anaheim. In spite of the fact the attackers were never identified by the police, the claim against the bar owner was a success.
4/18/2012 Firm Files Suit In Death of Lap Band Patient
The firm has filed suit after a 38-year-old woman died last April as a result of a lap band procedure in August of 2010. According to the Orange County Coroner's office, the patient's stomach had been perforated by the band.
4/4/2012 Victim Retains Firm in Third Party Assault Case Against OC Bar Owner
A violent assault on February 25, 2012, at an Anaheim bar resulted in severe eye and facial injuries to a 38-year-old victim who has now retained the firm to represent him.
3/4/2012 Three Victims in Rollover Accident Retain Law Offices of Paul W. Ralph
In January, all three victims of an Anaheim roll-over accident retained the Law Offices of Paul W. Ralph. One of the three victims was hospitalized at Western Medical Center for emergency surgery, and all three are continuing to receive treatment for their injuries.

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Five Injured in Chino Bus Crash

Posted by: Paul Ralph Posted Date: 05/01/2013
A school bus and passenger car crashed in the Inland Empire Tuesday afternoon at about 1:00 p.m., leaving all five occupants of the car injured. According to NBC news, the collision happened at the intersection of Schaefer and Euclid Avenues in Chino.

Head-On Collision In Tustin Results in Two Fatalities

Posted by: Paul Ralph Posted Date: 04/12/2013
A head on collision occurred late last night in Orange County, and tragically the two drivers were killed. According to KTLA News, the accident happened on Jamboree Avenue in Tustin when a driver traveling the wrong direction struck another vehicle head-on. The wrong-way driver, identified as Kaelyn Fergeson, was apparently involved in a minor collision on Jamboree near Michelle Drive before she re-entered Jamboree heading the wrong way.

Chain Reaction Crash Leaves Two Dead in Granada Hills

Posted by: Paul Ralph Posted Date: 04/01/2013
Separate collisions arising from the same accident left two people dead early this morning in Granada Hills. According to KTLA News, the tragedy started when an unknown vehicle rear-ended a tractor-trailer combination on the westbound 118 freeway. The semi-truck was able to pull off the freeway, but the unknown vehicle was struck from behind by a Toyota Celica.

Vehicle Abandoned on Freeway Causes Two Fatalities

Posted by: Paul Ralph Posted Date: 03/28/2013
A single car accident led a driver to abandon her vehicle on the southbound 605 Freeway in Whittier early this morning. What happened next, according to the KTLA news report, was tragic, and two people lost their lives after running into the abandoned vehicle.

Accident on Long Beach Freeway Claims Two Lives

Posted by: Paul Ralph Posted Date: 03/18/2013
Early Sunday morning two drivers were killed after they both got out of their vehicles following an accident in Long Beach. According to the Long Beach Press Telegram, the two victims had been involved in a crash at about 3:00 a.m. on the southbound 710 Freeway, just north of its junction with the 405 Freeway, when another vehicle was hit and launched into them.

Speed May Be A Factor in Fatal Collision

Posted by: Paul Ralph Posted Date: 02/21/2013
Two people died after a dramatic crash in Sun Valley today. KABC News has reported the accident occurred in the 7500 block of North Glenoaks Avenue when a Honda Element reportedly jumped the curb, before violently impacting a tree and bursting into flames. Both the driver and the passenger perished, and investigators suspect that, given evidence at the scene, speed may have been a factor. The precise cause of the fatal crash is still under investigation and the police have yet to rule out dra

One Killed in Suspected DUI Crash

Posted by: Paul Ralph Posted Date: 02/16/2013
A suspected drunk driver has landed himself in the hospital, and his female passenger has perished in a crash this morning at about 1:30 a.m. According to KABC news, the 22-year-old driver, who has yet to be identified, will be arrested on manslaughter charges once he is released from the hospital. The crash happened on Van Nuys Boulevard near Friar Street in the City of Van Nuys, just after the suspect sped past a police vehicle and then lost control. The vehicle struck a curb and then flew

Three Pedestrians Killed in Anaheim

Posted by: Paul Ralph Posted Date: 02/10/2013
The Orange County Register has reported a suspected drunk driver is under arrest after a mother, daughter and another family member out walking late Saturday night were struck while crossing the street. The accident happened at about 11:00 p.m. in the 100 block of South Western Avenue, near Lincoln Boulevard, in the City of Anaheim. According to the news report, the suspected drunk driver, Anthony Lewis Sanchez, 40, was arrested on suspicion of driving under the influence and vehicular manslau

Caltrans Worker Critically Injured in Riverside

Posted by: Paul Ralph Posted Date: 01/15/2013
ABC News is reporting that a Caltrans worker was struck Monday night in Riverside by a driver who was later arrested. The worker remains in critical condition after being hit by a westbound driver near 14th Street at about 9:30 p.m. The driver, identified as 32-year-old Enrique Lopez, was behind the wheel of his 1996 Honda Accord when he apparently veered into the right shoulder and struck the victim.

20-Year-Old Killed in Moreno Valley - Driver Arrested for DUI

Posted by: Paul Ralph Posted Date: 01/09/2013
According to a report in the Press Enterprise, A 20-year-old pedestrian in Moreno Valley was killed Tuesday night by the driver of an SUV who was arrested on suspicion of driving under the influence. The victim, Edward Pattio, Jr., sustained major head trauma and was taken emergently to Riverside County Regional Medical Center, where he died about two hours later. The driver of the SUV was apparently uninjured.

Guilty Plea In Fatal DUI Case Involving Teen

Posted by: Paul Ralph Posted Date: 12/12/2012

A 53-year-old woman pled guilty to vehicular manslaughter charges earlier today in connection with a fatal DUI collision on December 7th.  According to the Press Enterprise, the Defendant, Theresa Jean Estes, may face up to 10 years in prison for the crash that took the life of an 18-year-old girl, Ashleigh Brooks of Lake Elsinore.  The incident occurred when Estes pulled out in front of Brooks on Highway 74 Spring Street, near the City of Perris.  The cars collided and then Brooks' Honda was involved in a secondary collision with a truck.   Brooks had been headed home for a birthday dinner at the time of this tragic crash.

DUI Crashes Occur With Alarming Frequency

According to the story above, the drunk driver was apparently on probation for a prior DUI conviction at the time of the December 7th collision.  If that were not enough, her own family lost one of its members - her father - in an alcohol related accident.  In spite of all this, Estes got behind the wheel of her car drunk and took the life of a teenaged girl.  The prevalence of accidents caused by impaired drivers is difficult to understand when so much information is available to the general public about the enormous suffering such behavior can cause.  The Centers for Disease Control and Prevention has reported that in 2010 more than 10,000 people were killed in alcohol-impaired driving crashes.  That number represents nearly one-third (31%) of all traffic-related deaths in the United States.  Not too surprisingly, as as demonstrated by the case above, drivers with a blood alcohol content (BAC) of 0.08% or higher involved in fatal crashes were four times more likely to have a prior conviction for DUI than were drivers with no alcohol in their system.  

Civil and Criminal Responsibility

In every DUI crash involving injury to an innocent victim, the impaired driver owes a debt to society as a whole (theoretically paid via a criminal conviction) and to the particular victim and their family by way of a personal injury or wrongful death claim.  Issues of liability against the alleged DUI driver are typically straight forward, but the claims can be mired because of comparative negligence on the part of the victim and complex issues of damage assessment.  A personal injury attorney with a long history of handling these cases can be of valuable assistance in taking the necessary steps to protect your rights and ensure optimal compensation.  Contacting an Orange County auto accident attorney is often the first step toward obtaining civil justice.

SOURCE:  PERRIS: Woman pleads guilty in DUI crash that killed teen, Press Enterprise, December 12, 2012,  Sarah Burge

Three Teens Injured in Santa Ana Hit-And-Run

Posted by: Paul Ralph Posted Date: 11/12/2012

A hit-and-run accident in Santa Ana on Friday evening left three teenage boys in serious condition.  According to KTLA news, the three pedestrians, ages 15, 16 and 18, were struck by a motorist at the intersection of 5th and Susan Streets.  The driver swerved around a car stopped for the boys, struck the victims and then fled the scene.  Citing official sources, KTLA reported the boys were stuck, rolled up on the car and then fell to the ground.  The driver's vehicle, a gray Honda, was found abandoned and with a damaged hood some distance away.  At last report, the teens were still hospitalized.  The suspect is described as a male Latino in his 20s wearing a baseball cap.

Pedestrian Accidents

According to the Centers for Disease Control and Prevention, in 2008, 4,378 pedestrians were killed in traffic accidents in the United States, and another 69,000 pedestrians were injured.  This averages out to one crash-related pedestrian death every 2 hours, and a pedestrian injury every 8 minutes.  Pedestrians are 1 1/2 times more likely than passenger vehicle occupants to be killed in a car crash on each trip.  These numbers are shockingly high, and it is easy to see how a reckless driver can take a pedestrian's life.  In the case above, the impatience of the Honda driver has left an immeasurable impact on the lives of three young boys and their families.  While not all of the details are known yet, it sounds like the driver simply did not want to wait for stopped traffic, without considering the possibility that traffic was stopped for pedestrians.  A reasonably prudent driver would know better than to swerve around stopped traffic at an intersection.

Compensation For Victims

Victims of hit-and-run accidents and their families may recover for both economic and noneconomic damages caused by such tragedies.  Under California law, if the driver (once apprehended) is convicted of a crime the victims may rely on that conviction to prove the liability of the driver in any civil case.  However, if the driver is never identified then the victims may be able to seek compensation from their own insurance carrier(s) pursuant to the underinsured motorist provision of their automobile insurance policy.  

Legal Representation

In nearly every accident of any complexity, it is best to seek the advice of an experienced personal injury attorney to understand your rights.  Every civil case is subject to a statute of limitations and other rules regarding the prosecution of the case, depending on the type.  Understanding the time limitations, exceptions to those limitations and the impact certain factors may have (such as the age of the victim) is critically important.  There are few things more disappointing than learning a perfectly valid, valuable case has been lost because of an avoidable delay in taking action.  

Source:  KTLA News, 3 Teens Struck by Hit and Run Driver in Santa Ana, November 9, 2012


 

 

 

Five-Car Accident in Orange Leaves One Dead

Posted by: Paul Ralph Posted Date: 09/23/2012

A five-car collision yesterday morning in the City of Orange has left one woman dead and several others injured.  The accident happened at about 11:00 a.m. at the intersection of Tustin Street and Taft avenue, not too far from The Village mall.  According to news reports, a female driver who ran a red light and triggered the accident died at the scene.  That motorist, 30-year-old Xuan Tran, was apparently traveling eastbound on Taft toward its dead end at Tustin, and for some unknown reason drove through the red light at a high rate of speed without even turning her vehicle.  Tran's car, a small Toyota, then struck a red pickup truck heading south on Tustin which in turn hit another vehicle heading the opposite direction.  Anyone who witnessed the collision is urged to contact the Orange police at 714-744-7444.

See the Orange County Register article and photograph HERE.

It would be easy to assign responsibility for the accident to Tran and simply leave it at that.  However, this accident calls for a detailed investigation into Tran's actions and activities in the hours and minutes that led up to the accident. There are a host of possibilities as to why this young woman would have driven straight into cross-traffic at a dead end street: medical issues caused her to lose consciousness, a mechanical failure caused a steering/braking failure, driver inattention, texting while driving, etc.  In all likelihood, the Orange Police Department will perform a detailed mechanical inspection on the Tran vehicle to determine whether some sort of problem with the car contributed to the happening of this tragic collision.  In addition to that, the police will likely attempt to piece together the last days and/or hours of Tran's life to see if something might explain what could be considered suicidal or reckless actions. Among other things, this will entail some forensic toxicology to determine whether alcohol, medication or drugs played a role.

Compensation for the victims of auto accidents involving reckless or even careless  drivers should be an important concern for everyone.  When a driver like the one above runs a red light , for whatever reason, they or some other responsible party should be held accountable.  An Orange County traffic accident attorney with experience at handling intersection accident cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling personal injury cases, including auto accidents caused by mechanical failures and reckless drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a serious or fatal automobile accident?

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

Three Victims Killed in Two Apparent DUI Crashes

Posted by: Paul Ralph Posted Date: 07/24/2012

Early Sunday morning, two construction workers were hit and killed by drunk drivers on the northbound 405 Freeway in Torrance.   According to KTLA news, citing official sources, the two cars entered a closed portion of the 405 freeway and collided with each other.  The vehicles then spun into the construction zone and struck the two construction workers, killing the two innocent victims.  The two workers, Ramon Lopez, 56, of Chino Hills, and Ricardo Zamora, 58, of Winchester, had been retained for the job through CalTrans.  

See the KTLA news story and video HERE.

Also on Sunday, a 42-year-old was reportedly killed by a DUI driver while pushing his bicycle in Lytle Creek.  The victim, Dondi Allen Quimby, was walking with a woman shortly before 1 a.m.  The alleged DUI driver,  twenty-year-old Matthew Harry Eldridge of Rancho Cucamonga, was arrested at 2:05 a.m. and booked for investigation of felony drunken driving and vehicular manslaughter.  According to the Press Enterprise, citing a CHP source, the area of Lytle Creek Road has a narrow shoulder and is very dark.

See the Press Enterprise story HERE.

In the first accident, it is almost incomprehensible that two drunk drivers would manage to crash into one another and then cause a multi-fatality accident involving two pedestrians.  If that were not enough, a third driver, also reportedly intoxicated, struck a pedestrian pushing a bicycle and killed him.  All three of these drivers will likely be facing wrongful death lawsuits by the families of Lopez, Zamora and Quimby.  Under California law, the surviving family members have the right to be compensated for the loss of the society, care, comfort, love, affection and support of their deceased relatives, if the deaths occurred because of negligence or during the commission of an unlawful act.  Assuming that Gomez, Casenta and/or Eldridge are convicted of felonies in relation to the happening of these collisions, any suit for wrongful death would necessarily receive priority trial setting preference by the court.  

Compensation for the victims of fatal automobile accidents caused by an intoxicated driver should be an important concern for all Californians.  When an intoxicated driver causes a tragic accident like the ones above, the responsible parties should be held accountable.  An Orange County wrongful death lawyer with experience at handling traffic collision cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling Orange County personal injury cases, including those involving DUI drivers.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a family member because 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.

 

Santa Ana Collision Proves Fatal For 19-Year-Old

Posted by: Paul Ralph Posted Date: 07/16/2012

An automobile accident in Santa Ana on Sunday afternoon took the life of a 19-year-old passenger.  According to the Orange County Register, the accident happened at about 2:25 p.m. at the intersection of Pacific and McFadden Avenue.  The decedent, identified as 19-year-old Daniel Iglesias, was the sole passenger in a Pontiac Grand Am that was traveling westbound on McFadden when the car apparently swerved to avoid a white minivan.  The minivan reportedly entered McFadden from Pacific, which dead ends with a stop sign at McFadden.  The Pontiac swerved into oncoming traffic and was struck by a large SUV.  Police are seeking help in identifying the driver of the white minivan, and anyone with information is asked to call the Santa Ana Police Department at 714-245-8665.

See the Orange County Register article and photographs HERE.

This tragic accident will require a great deal of investigation to determine responsibility.  It would appear from the Register article that conceivably the white minivan driver caused or at least contributed to the happening of this accident.  Assuming the minivan driver did not allow the Pontiac driver his right of way, since the van had a stop sign, then the driver may have caused this accident.  The driver of the Pontiac appears to have taken significant, evasive action which may have been necessitated by the minivan's sudden and perhaps unlawful presence on McFadden.  The law requires that a stopped driver proceed only when it is reasonably safe to do so, especially when there is no signal or stop sign for cross-traffic.  One other issue that frequently comes up in situations like this is "line of sight" and whether the stopped driver has a sufficient opportunity to see cross-traffic as it approaches.

Compensation for the victims of serious or fatal automobile accidents caused by a careless driver and/or a dangerous roadway should be an important concern for all Californians.   When negligence and roadway conditions combine so as to cause a tragic accident like the one above, all of the responsible parties should be held accountable.   An Orange County auto accident lawyer with experience at handling traffic collision cases can make a fair assessment of these claims.   Mr. Ralph has more than 21 years of experience handling Orange County personal injury cases, including those involving dangerous roadways.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a careless driver or dangerous roadway?

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.

Teen Driver Injures Eight Students In Hemet

Posted by: Paul Ralph Posted Date: 06/05/2012

Last Wednesday a tragic automobile collision occurred in front of Hemet High School, injuring 8 students while they were in a crosswalk.  According to news reports and the CHP, an 18-year-old driver was traveling faster than 50 mph in a school zone and weaving through traffic when he ran a red light and plowed into a group of about 30 students.   Officials announced just yesterday that the claim of a brake failure by the driver, Daniel Carrillo, was not supported by a full mechanical inspection, which revealed no mechanical defect contributed to the accident.  One of the eight students injured, a 15-year-old girl, remains hospitalized with a severe head injury.  Criminal charges against Carrillo are expected to be filed by the end of this week.

See the Press Enterprise story and CHP news conference HERE.

During the CHP press release regarding the incident, it was revealed that Carrillo had only had his driver's license for 15 days prior to the collision.  While his youth and inexperience were likely contributing factors, this young man's actions would seem to reflect a callous disregard for others.  Because of the reckless nature of his driving, Carrillo could be facing felony charges.  Teen drivers are notorious for making poor decisions behind the wheel, but the actions of Carrillo in traveling more than twice the speed limit and weaving through traffic before running a red light would seem to reflect a level of recklessness rarely seen.  His actions, captured on video, were likely beyond the "reasonable man" standard and well into something approaching intentional misconduct.  Every one of his eight victims will now have to deal with the memory of this horrific tragedy and some may have to live with physical limitations for a lifetime.  

Compensation for the victims of serious traffic collisions should be an important concern for all Californians. When a driver recklessly 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 auto accident cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling traffic accident 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 a reckless or inexperienced 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. 

 

Two OC Auto Accidents Leave One Dead and Six Injured

Posted by: Paul Ralph Posted Date: 05/09/2012

A bus accident this morning in Garden Grove has left three people with minor injuries.  According to the story in the Orange County Register, the collision occurred on the eastbound 22 freeway when the bus crashed into the rear of an Acura, forcing it into the back of a Ford Mustang.  The bus, reportedly operated by the Orange County Transportation Authority, was merging onto the freeway at Harbor Boulevard when it rear-ended the Acura.  The three victims were taken to a local hospital for treatment.  See the OC Register bus accident story and photographs HERE.

In another Orange County auto accident, four vehicles collided in Huntington Beach, leaving one dead and three more injured.  According to the Register article, the accident happened on Bolsa Chica Street and Tasman Drive just after 7:30 a.m.  The cause of the crash is still under investigation and the condition of the three injured parties is currently unknown.  See the  OC Register Huntington Beach accident story and photographs HERE.

With regard to the bus accident, the duty of a driver operating a bus is even higher than the typical vehicle operator.  A bus operated for hire, such as the OCTA bus here, is considered a "common carrier" under the law, and they are bound by law 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.  Common carriers are responsible for any, even the slightest, negligence and are required to do all that human care, vigilance, and foresight reasonably can do under all the circumstances.  In the accident above, it would appear the bus operator violated this duty when he rear-ended the Acura, and the County of Orange would therefore be liable for the injuries and damages sustained by the victims.  As for the Huntington Beach accident, at this point, there is simply no way of knowing who was responsible for this roadway tragedy.  Given the fact there was a fatality in that collision, it is a near certainty that law enforcement will perform a complete accident reconstruction to determine fault.

Compensation for the victims of serious or fatal traffic accidents should be an important concern for all Californians.  When a driver negligently 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 Orange County auto accidents can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling traffic accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by a negligent or reckless 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.

Two Fatal Traffic Accidents In Orange County

Posted by: Paul Ralph Posted Date: 04/25/2012

Two separate accidents in Orange County on Tuesday night have taken two lives and left three others injured, one in critical condition.  In the City of Orange, a passenger in a Honda Civic was killed after being hit head-on by a Toyota Highlander on Lincoln Avenue near the intersection with Tustin Street.  According to the article in the Orange County Register, the driver of the Highlander was traveling eastbound on Lincoln before it veered into opposing traffic, hitting the Civic head-on.  The male passenger was pronounced dead at the scene, and both drivers were treated for non-life-threatening injuries.  The police are asking witnesses to the accident to call investigators at 714-744-7460

See the Orange County Register article, photographs and video HERE.

In the second Orange County accident, a 17-year-old Stanton boy was killed when struck from behind while helping to push a vehicle off the street in Anaheim.  The crash occurred at about 8:00 p.m. on West Cerritos Avenue near Magnolia Avenue.  The boy and an adult male were helping to push a Honda Civic out of the way because of street sweeping the following day.  A truck struck the boy and the Civic, but the adult was able to get out of the way.  The woman steering the Civic suffered serious head injuries and was taken to the hospital in critical condition.  The boy was also taken to the hospital, UCI Medical Center, where he was later pronounced dead.  The driver of the Honda Ridgeline remained at the scene, and it is unknown whether driver error played any role in the happening of this tragic accident.

See the Orange County Register article, photographs and video HERE.

Just about two weeks, it was reported that the number of traffic fatalities had actually over the last few years, both here in Orange County and around the State.  The two cases above are a tragic reminder that seemingly senseless accidents are still happening with alarming frequency.  While we don't yet know what caused the Highlander in the Orange accident to veer into opposing traffic, driver distraction or driver impairment via alcohol or drugs are potential causes.  Likewise, in the Anaheim accident, it is not known why the driver of the Highlander could not see the Civic and the two people pushing the car before colliding with deadly force.  Presumably it was dark in the area, but headlight illumination would be expected to reveal two pedestrians and a car ahead, in sufficient time to avoid an accident.

Compensation for the victims of serious or fatal traffic accidents should be an important concern for all Californians. When a driver carelessly causes a serious or fatal accident, they should be held accountable for the injuries and damages to the victim and their family.  An attorney with experience at handling Orange County traffic accidents can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling traffic accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by a careless or distracted 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.

 

Good News - Traffic Deaths Are Down In California

Posted by: Paul Ralph Posted Date: 04/10/2012

Finally there is good news about the accidents on California and Orange County roadways.  The number of fatal automobile collisions is actually declining.  According to statistics just released, fewer people died from traffic crashes statewide and in Orange County in 2010 when compared to the year before.  The Orange County Register has reported the statistics from the National Highway Traffic Safety Administration which shows that California had a total of 2,715 traffic accident fatalities in 2010, a drop of 375 from 2009.  In Orange County, 105 traffic deaths were reported in 2010, a fall of 49 when compared to the year before.  

See the Orange County Register article HERE.  

Beyond the drop in traffic fatalities in 2010, the statistics being compiled by NHTSA show a decline in the numbers for the first nine months of 2011.   The number of traffic accident deaths in California has actually been steadily dropping since 2005.  This is also true for Orange County.  While the numbers are clear, the reasons behind them are at least a little murky.  Some ascribe the drop in traffic deaths to the slow economy and less driving.  However, the death rate per million vehicle miles of travel has also dropped steadily for the last six years.  Another factor which may be at work is that the vehicles on the road now are on average newer and safer than they were years ago.  Beyond that, according to the Orange County Register, the California Highway Patrol has indicated more enforcement is also a reason for the drop as all 103 CHP field offices are staffed around the clock.  Of course, the potential for civil and criminal accountability may both play some role in prompting greater care behind the wheel.  Whatever the reason or combination of reasons, the good news remains...fewer lives are being lost because of traffic accidents.

Compensation for the victims of fatal traffic accidents should be an important concern for all Californians.  When a driver operates their vehicle in a negligent or reckless manner causing a serious or fatal accident, they should be held accountable for all of the injuries and damages they cause.  An attorney with experience at handling wrongful death and auto accident cases can make a fair assessment of these claims.    Mr. Ralph has more than 20 years of experience handling automobile accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a loved one because of a fatal traffic collision?

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.

Orange County Teen Killed In Apparent Street Race

Posted by: Paul Ralph Posted Date: 04/06/2012

A tragic automobile accident in Orange County yesterday afternoon has taken the life of a teenage girl and left two others badly injured.  According to police in Westminster where the accident occurred, it appears this horrific crash was the result of street racing.  The 18-year-old, female victim, Jessica Dayoan, was a passenger in a red convertible believed to be racing at the time of the collision.  The driver of that convertible has been identified as her brother, Jorel Dayoan, 19-years-old.  So far as police can say to this point, it appears Jorel Dayoan was racing another vehicle, perhaps a grey Dodge pickup, on Hoover Street when he lost control and crossed into the path of a silver minivan, resulting in a devastating impact.  Jessica Dayoan was pronounced dead at the scene, and the innocent driver of the minivan remains hospitalized in serious condition.  Jorel Dayoan was reportedly admitted to the hospital overnight and released this morning.

See the KTLA news story, photographs and video HERE.

The tragic loss to the Dayoan family from this accident cannot be measured, and the same is obviously true for the innocent minivan driver and his family.  This is one of those accidents that is both a tragedy and an outrage.  Street racing at the speeds it would take to cause this horrific collision is just inexcusably careless, and perhaps even criminal.  It has been reported that the driver of the other vehicle racing (the grey truck) may face felony hit-and-run, manslaughter or even murder charges if he or she was directly involved in the fatal collision.  The fact that the driver fled the scene may be some indication of fault as it shows consciousness of guilt.  While it is unlikely any of the victims of this crash or their families will be adequately compensated, the law in California does provide civil remedies for the personal injuries and wrongful death sustained.  Aside from the Dayoan family and their insurance, the driver of the other vehicle racing and his insurer may be liable.  The issue there will likely be one of causation and whether the other racer's actions were a "substantial factor" in causing the collision.  

Compensation for the victims of street racing accidents should be an important concern for all Californians.   When a driver races their vehicle in a reckless manner causing a serious or fatal accident and then flees the scene, every effort should be made to identify them and hold them accountable for all of the injuries and damages they cause.   An attorney with experience at handling hit-and-run accidents can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling automobile accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by street racing?

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.
 

Ortega Highway Crash Claims O.C. Victim

Posted by: Paul Ralph Posted Date: 03/15/2012

A crash on Ortega Highway near Lake Elsinore has claimed the life of a 20-year-old O.C. resident.  The accident happened late Wednesday night when the driver of a Ford F-150 reportedly lost control and drove up an embankment, causing the truck to overturn.  According to the news story in the Press Enterprise, the driver, Delbert Parada, and two of his passengers suffered only minor injuries.  However, the 20-year-old Orange County resident, Zachary Butcher, was pronounced dead at about 11:45 p.m. at the scene of the accident.  Shortly after the F150 overturned, a second truck collided with the F150, but that driver was reportedly unhurt in the collision.  Alcohol is not believed to have been a factor in either accident.

See the Press Enterprise story HERE.

Ortega Highway between Orange and Riverside Counties has a notorious reputation for being dangerous.  A higher than average number of injury and fatal accidents reportedly occur on the Highway 74.  A quick search of "Ortega Highway accidents" on Google reveals just how prevalent automobile and motorcycle accidents are on the Ortega.  Given Highway 74's well-deserved reputation, it is the obligation of every driver to operate their vehicle in a manner safe for the prevailing conditions.  On a winding road, like Highway 74, every driver should ensure they are not traveling at a speed that might be too fast for the curves they are likely to encounter.  Failing to adjust your speed so as to accommodate for sudden, unexpected turns is negligent driving, which is likely to cause a tragic accident, like the one above.

Compensation for the victims of automobile accidents caused by a careless driver and/or a dangerous roadway should  be an important concern for all Californians.   When a driver operates their vehicle at a speed unsafe for the conditions, considering the curvature of the road and related hazards, they should be held accountable.   A California injury lawyer 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 automobile accident cases caused by unsafe roadways and negligent drivers.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by a careless driver and/or a dangerous roadway?

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.

 

Five Critically Injured in Freeway Accident

Posted by: Paul Ralph Posted Date: 02/21/2012

At about 2:00 p.m. this afternoon, a three-vehicle crash occurred on the 710 Freeway in Paramount, badly injuring five people including a small child.  According to KTLA news, the accident happened in the northbound lanes near Rosecrans Avenue in Paramount.  The accident involved a Buick Cutlass Supreme which apparently spun out of control after colliding with a semi truck without its trailer, apparently after a lane change.  The Buick then collided into a female Caltrans worker, who was out of her truck picking up trash near the freeway's right shoulder.   The injured child, reportedly a 3-year-old boy, was one of four passengers in the Cutlass, and all five injured people were rushed to local hospitals.

See the KTLA news story and photographs HERE

So far, it is unknown what caused this horrible accident or who was at fault.  Assuming initial reports are correct and the accident resulted from a lane change, then eyewitness accounts will be important to determine which of the drivers made an unsafe lane change.  Under California law, "a vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety." (California Vehicle Code Section 21658)  Additionally, the law prohibits a driver from turning "a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement."  (California Vehicle Code Section 22107)  A violation of either one of these code sections would amount to "negligence per se", for which a driver can be found liable if an accident results.  

Compensation for the victims of automobile accidents caused by a negligent driver should be an important concern for all Californians. When a victim of careless driving is injured, the at-fault driver should be held accountable for all of  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 automobile accident case, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an accident caused by a driver making an unsafe lane change?

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.

 

Woman Killed While Crossing The Street in The Inland Empire

Posted by: Paul Ralph Posted Date: 02/11/2012

Last night at about 6:30 p.m. a 50-year-old woman was fatally struck while crossing a street in the Inland Empire.  The fatal accident happened near the intersection of D Street and Sixth Street in Victorville.  According to CBS news, the victim was identified by authorities as Donna Clark.  The driver of the vehicle striking Clark, who was reportedly outside of the crosswalk, was a 28-year-old male who was not otherwise identified in the news report.  Following the accident, Clark was taken to a local hospital where she succumbed to her injuries.

See the CBS article HERE.

The accident above reportedly happened near the intersection of Sixth and D Streets in Victorville, which appears to be an intersection controlled only by stop signs on Sixth Street.  According to the Google Maps images, there are no traffic lights, and the crosswalk lines appear almost completely obliterated.  It is therefore possible Clark was actually walking within what used to be a clearly marked crosswalk or the driver striking Clark did not realize there was a pedestrian crossing at the intersection, contributing to the happening of the accident.  Since this accident happened after dark, it is important to know whether the driver had on his headlights, whether they were functioning and what speed the vehicle was traveling.  Since this area of roadway, in all directions, appears relatively flat and straight there may issues of driver attention that may play a role in the happening of the accident.

Compensation for the victims of intersection accidents caused by a careless or reckless driver should be an important concern for all Californians.  When a pedestrian is struck at or near an intersection and/or a crosswalk, the at-fault driver should be held accountable for the injuries and damages they cause.  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 pedestrian 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 pedestrian accident caused by a negligent or inattentive 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.

Elderly Driver Crashes In Orange and Injures Four

Posted by: Paul Ralph Posted Date: 01/30/2012

 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.

 

 

Multiple Accidents On Orange County Roadways

Posted by: Paul Ralph Posted Date: 01/23/2012

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.

 

Orange County Family Badly Injured In Rear-end Accident

Posted by: Paul Ralph Posted Date: 01/15/2012

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.

 

 

Police Van Involved in Orange County Crash

Posted by: Paul Ralph Posted Date: 01/03/2012

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.

Hit-And-Run Driver Involved in Three Vehicle Crash in Orange County

Posted by: Paul Ralph Posted Date: 12/19/2011

A woman was injured and transported to a local hospital this morning after a hit-and-run accident in the city of Anaheim.  According to a report by the Orange County Register, the male driver of a Chevrolet Cavalier apparently made a left turn into the path of an oncoming Honda Civic just before 11:00 a.m. today.  The accident happened on Euclid Street near its intersection with Catherine Drive in Anaheim.  As a result of the impact, the Civic struck a parked car.  Fortunately, a 1 -year-old  in the Civic was uninjured.  The driver of the Cavalier fled the scene of the accident on foot and has yet to be located.

See the Orange County Register article HERE.

The law in California is clear, a left turning driver may only make and continue their turn so long as it is reasonably safe to do so.  Under the California Vehicle Code, "The driver of a vehicle intending to turn to the left at an intersection or into public or private property, or an alley, shall yield the right-of-way to all vehicles which have approached or are approaching from the opposite direction and which are so close as to constitute a hazard at any time during the turning movement and shall continue to yield the right-of-way to such approaching vehicles until such time as the left turn can be made with reasonable safety.."  From the fact the collision occurred and the driver of the Cavalier fled the scene (possibly demonstrating consciousness of guilt), it would appear the Vehicle Code was violated and hit-and-run driver would be liable for the injuries and damages he sustained.  Beyond that, he may well have committed a crime in that he left the scene of an injury accident without properly identifying himself or attempting to render aid to the other driver.

Compensation for the victims of automobile accidents caused by negligent drivers should be an important concern for all Californians. When a driver operates their vehicle in violation of the law, 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 drivers making illegal turns.  He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you or a loved one been injured or killed by a left-turning 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.

Driver Distractions And Deadly Accidents

Posted by: Paul Ralph Posted Date: 12/13/2011

Once again, a post-accident investigation has revealed that a tragic, fatal accident was caused by driver distraction. In a multi-fatality accident in Missouri, a 19-year-old pickup truck driver had texted 11 times in the 11 minutes prior to the accident, including one just before the impact. The Associated Press/Yahoo News, has reported a federal investigation into a multiple vehicle accident has revealed the pick-up driver (traveling approximately 55 miles per hour) had texted just prior to driving his vehicle into the back of a tractor truck, setting off a chain collision involving two school buses. The pickup driver and a 15-year-old student aboard one the buses were killed, and 38 more were injured.


See the AP/Yahoo story HERE.


According to the California DMV website, driver distractions are the leading cause of most vehicle crashes and near-crashes. Citing a study released by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI), the DMV reported that 80% of crashes and 65% of near-crashes involve some form of driver distraction. The distraction occurred within three seconds before the vehicle crash!


According to the NHTSA and VTTI study, the principal actions that cause distracted driving and lead to vehicle crashes are:


• cell phone use.
• reaching for a moving object inside the vehicle.
• looking at an object or event outside of the vehicle.
• reading.
• applying makeup.


As more and more people purchase smart phones and other similar, electronic devices, it seems a logical inference the number of distraction-related auto accidents will climb. Behind the wheel of a 4 thousand pound vehicle is not the place to try one's hand at multi-tasking. In spite of this, nearly one in a hundred drivers on the road at any one time are texting, e-mailing or otherwise using an electronic device, according the National Highway Safety Administration. How many tragic automobile accidents could be avoided if drivers simply focused on the road while driving?


Compensation for the victims of automobile accidents caused by distracted drivers should be an important concern for all Californians. When a driver operates their vehicle while texting, e-mailing or surfing the web, 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 distracted drivers. He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you or a loved one been injured or killed by a distracted 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.
 

Hit and Run Driver Identified

Posted by: Paul Ralph Posted Date: 10/29/2011

According to a story aired by KTLA news, police in Santa Monica have identified the driver in a fatal hit-and-run accident as a 76-year-old man.  The accident reportedly happened October 28th just before 6 a.m. on Lincoln Boulevard at Santa Monica Boulevard.  The driver was identified via a call to authorities from someone who believed one of their family members was involved in the accident.  After responding to the location of the suspected driver and inspecting damage to the subject vehicle, the investigators identified the car as the one involved in the accident.  The driver has apparently been cooperative with investigators and has yet to be identified.  The victim killed in this tragic accident was a 73 year-old homeless man.  Anyone with additional information is asked to contact the Santa Monica Police Department (24 hours) at (310) 458-8495.

See the full KTLA story HERE.

The area of this accident is a busy intersection and pedestrian traffic is quite common.  From a look via Google maps, it appears the intersection is flat and driver views are unobstructed.  It remains to be seen just how this accident happened, but it is possible given the age of the driver that age played a role in the happening of the accident.  It has been shown in studies that drivers over the age of 70 years have a greater incidence of fatal and injury accidents than younger drivers, with the exception of those in their teens.  Additionally, elderly men are more likely to be involved in motor vehicle accidents than elderly women.  However, the difference in between the sexes is present even in younger age groups.  Obviously, some of the accident rate disparity can be explained by physical limitations of the elderly such as depth perception and reflex speed.  See the California Department of Motor Vehicles website for a comparison of teen and elderly drivers.

Compensation for the victims of automobile accidents caused by elderly or careless drivers should be an important concern for all Californians.  When a driver operates their vehicle in such a manner to cause 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 more than 20 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 loved one been injured or killed in a motor vehicle accident caused by an elderly 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.

Five Hurt in Orange County Crash

Posted by: Paul Ralph Posted Date: 10/11/2011

Five people were injured in an apparent DUI-related crash early this morning.  According to a report by the Orange County Register, Huntington Beach police were summoned at about 1:30 a.m. because of a traffic collision with injuries on Beach Boulevard near Newman Avenue.  According to the news report, citing the preliminary investigation, the driver of a Toyota Camry, identified as Forrest Leland Kelly, 22, was traveling north on Beach Boulevard when he broadsided a Dodge Durango going the opposite direction.  The driver of the Dodge, identified as 28-year-old Thomas William Barrett, of Costa Mesa, had three passengers inside and was preparing to make a U-turn at Newman Avenue when the collision occurred. The impact was severe and caused the Dodge to overturn in the roadway.  Paramedics transported the five people with injuries, including Kelly, to local hospitals, where they were all listed in stable condition.

Kelly, from Huntington Beach, later was arrested on suspicion of DUI, police said.  According to a check of the Orange County Superior Court website, Kelly has a history of traffic and alcohol related priors, including a pending public intoxication charge.  Anyone with information regarding the accident is urged to call the H.B. Police Department's traffic bureau at 714-536-5666.

See the Orange County Register article HERE.

It remains to be seen how badly those in the Dodge were injured and exactly what charges may be brought against Kelly.  Assuming the preliminary report is correct and he was driving while intoxicated, Kelly could be charged with a felony.  Aside from his criminal reponsibility, Kelly may be liable for the injuries sustained by the occupants of the Dodge that overturned in the accident.  If it is proven Kelly was driving while intoxicated, and that accounted for the collision, he could be responsible for not only compensatory damages (pain, suffering, medical expenses, lost wages, etc.), but punitive damages as well.

Compensation for the victims of automobile accidents caused by a drunk driver should be an important concern for all Californians. When a driver operates their vehicle while under the influence 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 more than 20 years years of experience handling Orange County automobile accident cases, including those involving intoxicated drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

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

Wet Roads In Orange County Lead To Injury Collisions

Posted by: Paul Ralph Posted Date: 10/04/2011

Not too surprisingly, the wet roadways here in Orange County led to a number of traffic collisions this morning.  According to a story in the Orange County Register, a three-vehicle collision that occurred in La Habra left two drivers injured at a busy intersection.  The accident was reported to the La Habra Police Department at 7:50 a.m., and the caller indicated there had been a three vehicle collision on Lambert Road, east of Beach Boulevard. Also reported this morning was a two-vehicle collision on the northbound I-5, near Jeffrey Road.  In that accident, according to the Register, it appears the driver of a Honda Odyssey rear-ended a Ford F-150. Several other accidents along the I-5 occurred on the rain slick road.

 See the full Orange County Register article and photos HERE.

According to statistics compiled by the federal government, there are more than 6,301,000 motor vehicle crashes every year on U.S. roadways. Of those, about 24% (1,511,000) are weather-related. On average, 7,130 people are killed and over 629,000 people are injured in weather-related crashes each year. Road weather conditions contributing to those accidents include: rain, snow, ice and fog. The vast majority of these crashes happen on wet pavement and during rainfall. In an average year, 17 percent of fatal crashes, 22 percent of injury crashes, and 25 percent of property-damage-only collisions occur when an adverse weather condition and/or slick pavement is present. Rain like we experienced this morning and as is expected tomorrow, impacts visibility distance, pavement friction and lane obstruction, contributing to the happening of traffic accidents and injuries. In these weather conditions, it is important for drivers to take appropriate steps to minimize the risk of an accident. Here are some examples:

  • Make sure your brakes are functioning properly ("ride" the brakes for a short distance to dry them out once they have gotten wet)
  • Slow down (slick pavement can double your vehicle's stopping distance)
  • Avoid aggressive braking
  • Double your following distance
  • Practice defensive driving

Compensation for the victims of automobile accidents caused by a driver's negligence should be an important concern for all Californians. When a driver fails to adjust their driving to adverse weather conditions 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 more than 20 years years of experience handling automobile accident cases, including those involving negligent drivers. He can be reached at 714-919-4415 for a FREE CONSULTATION.

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

Two Children Injured Near School in Fullerton Accident

Posted by: Paul Ralph Posted Date: 09/08/2011

This morning a two-vehicle crash in the City of Fullerton injured two students walking to Fullerton Union High School.  According to an article in the Orange County Register, the collision was called in to the  Fullerton police at 7:10 a.m., and it occurred near Pomona and Chapman avenues.  Citing official sources, the Register reported the two vehicles crashed and then one or both of the cars hit the two students, who were crossing the street.  The injuries to the children were described as minor to moderate.  One of the students impacted the windshield of a Kia Spectra involved in the accident.  From the photographs of the accident scene, it appears the collision between the two vehicles was severe.

See the Orange County Register story HERE.

From Google images of the accident site, it is apparent the vehicle collision happened just adjacent to Fullerton Union High School.  The subject intersection is controlled by traffic signals on all corners.  The speed limit for Chapman traffic is 30 mph and for Pomona it is presumably 25 mph, given it runs through a residential area very near the accident scene.  In light of the damage to the vehicles, this would appear to have been an accident involving a left-turning driver and a straight traveling vehicle.  Under California law, the driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, 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. (California Vehicle Code § 21801)  It remains to be seen how and why this tragic accident occurred, and it is surely still under investigation by the Fullerton Police Department.

Compensation for the victims of automobile accidents caused by a driver's negligence should be an important concern for all Californians.  When a driver operates their vehicle in a careless manner 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 negligent drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

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

 

Lancaster Accident Leaves Two Bicyclists Injured

Posted by: Paul Ralph Posted Date: 08/28/2011

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.

Auto Accident in San Juan Capistrano Leaves One Dead

Posted by: Paul Ralph Posted Date: 08/21/2011

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. 

 

Inglewood Police Vehicle Involved in Fatal Crash

Posted by: Paul Ralph Posted Date: 07/10/2011

KTLA news has reported a police cruiser, believed to be on its way to a shooting in Inglewood, was involved in a deadly crash early Tuesday.  At about 1:00 a.m. this morning, the Inglewood police vehicle was involved in a collision with a Range Rover at Prairie Avenue and Manchester Boulevard, near the Forum.  According to the report, an unidentified female passenger in the Range Rover was killed in the accident, and two officers were injured.  It is not yet known who was at fault for this tragic automobile accident.

See the KTLA news story HERE.

As for the operation of the Inglewood Police unit, under California law the police are not permitted to drive with impunity from the moment they activate their sirens and flashing lights. Even though the Vehicle Code sets out certain protections for law enforcement officers in the performance of their duties, the law does not relieve the driver of a police vehicle from the duty to drive with due regard for the safety of all persons using the highway.  A police officer operating his vehicle in the line of duty must drive in such a manner as would not impose upon others an unreasonable risk of harm.   Generally speaking, the question is whether the officer acted as a reasonable, prudent emergency driver under all of the circumstances, including that of the emergency.  In the case above, it remains to be seen what caused the tragic accident that took the female passenger’s life, but an analysis of responsibility must take into account the law above.

Compensation for the victims of emergency vehicle accidents, caused by the operator’s negligence, should be an important concern for all Californians.  When a police officer or other public employee negligently causes a traffic accident and serious injuries or death result, the public entity 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 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 injured in an automobile accident involving a public employee?

  •  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.

Passenger Killed in Broadside Collision in Ontario

Posted by: Paul Ralph Posted Date: 07/10/2011

The Press Enterprise has reported that an SUV crashed broadside into a car last night at an Ontario intersection, killing a backseat passenger.  Citing official sources, the Enterprise identified the victim as 60 year-old Jose Cortez of Ontario.  The collision reportedly occurred at the intersection of Euclid and Philadelphia Streets at approximately 9:00 p.m.

Citing coroner’s deputies, the Enterprise article described witnesses as having said the driver of a black 1999 Dodge Durango was traveling southbound on Euclid Street to eastbound Philadelphia Street at a high rate of speed and lost control.  The driver of a silver 1996 Honda sedan was westbound on Philadelphia Street when it was struck broadside by the Durango.  According to the article, Ontario police are investigating the case.

See the Enterprise article HERE.

From Google maps, the configuration of the intersection of Euclid and Philadelphia in Ontario is fairly unusual.  There are a large number of travel lanes and completely separated turning lanes on Euclid for north and south traffic.  Those turning lanes appear to be somewhat obscured by bushes and trees, and the configuration as a whole could lead to driver confusion, although it is not known what caused the driver of the Durango to veer out of control.  Assuming the witness statements are correct and the Durango was traveling at a high rate of speed, this could have contributed to a loss of control, especially if the driver was also confused by the intersection itself.

Compensation for the victims of tragic automobile accidents like the one above should be an important concern for all Californians.  When a driver causes an injury or fatal accident, they should be held accountable.  While no amount of money can fairly compensate the family for this devastating loss, monetary compensation is what the civil justice system can offer.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a loved one in an 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.

3 Year-Old Dies After Orange County Auto Accident

Posted by: Paul Ralph Posted Date: 07/09/2011

The Orange County Register has reported that a 3 year-old girl has succumbed to injuries she sustained in a tragic automobile accident Sunday afternoon in Tustin.  The little girl, Milena Avila, was taken to Western Medical Center in Santa Ana in critical condition after the crash at Edinger Avenue and Kensington Park Drive at 4:40 p.m. Sunday.  According to official sources cited by the Register, Avila was in her car seat at the time of the collision.  In spite of this, she passed away at the hospital approximately 3 hours after the collision.

See the Register story and photographs/video HERE.

From the photographs published by the Register, it appears this was a broadside collision in which a later model Acura TL struck the passenger side of a Honda Accord.  Avila was apparently a passenger in the Accord.  From photographs at the scene and Google maps, the intersection appears to be relatively flat and free of visual obstructions.   Kensington Park Drive actually ends at its intersection with Edinger.  It is unknown whether there were any witnesses to the accident (not riding in one of the two vehicles) or if the investigating police officers have been able to secure statements from the parties involved, in light of the fact they were reportedly injured in this accident as well.

Compensation for the victims of tragic automobile accidents like the one above should be an important concern for all Californians.  When a driver causes an injury or fatal accident, they should be held accountable.  While no amount of money can fairly compensate the family for this devastating loss, monetary compensation is what the civil justice system can offer.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile 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.

Hit and Run Driver Apprehended Because of Damage To Vehicle

Posted by: Paul Ralph Posted Date: 06/03/2011

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

See the KTLA news story HERE.

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

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

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

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

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

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

 

Four Killed in Automobile Accident in La Habra

Posted by: Paul Ralph Posted Date: 06/03/2011

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

See the Register story and photos HERE.

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

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

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

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

   

Two Fatal Auto Accidents in Riverside County

Posted by: Paul Ralph Posted Date: 06/03/2011

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

See the Enterprise story HERE.

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

See the Enterprise story HERE.

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

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

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

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

   

Anaheim Woman Killed in Crash

Posted by: Paul Ralph Posted Date: 06/03/2011

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

See the full Register story HERE.

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

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

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

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

   

Pitcher Barry Zito Injured In West Hollywood Accident

Posted by: Paul Ralph Posted Date: 06/03/2011

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.

15 Year-Old Pedestrian Seriously Injured In Orange

Posted by: Paul Ralph Posted Date: 06/03/2011

The Orange County Register has reported a 15-year-old girl was seriously injured after being struck by a car while crossing City Drive South on Friday night.  Citing police sources, the Register article indicates the driver of a Toyota Highlander was traveling northbound on City Drive South just past Metropolitan Drive (near the Block) at about 8:30 p.m. when he struck the female pedestrian.  Paramedics treated the girl at the scene before transporting her to a local hospital, where she is listed in critical condition.  The driver was traveling at about 35 mph at the time of the collision, police said.  Apparently, witnesses told investigators that the girl was not in a crosswalk, and that the driver had a solid green light.

See the story HERE.

While the circumstances reported seem to indicate the pedestrian may have been at fault for the accident, it remains to be seen what responsibility, if any, the driver of the Highlander has for this tragic accident.  By 8:30 p.m. it was likely dark outside and visibility may have been an issue.  Headlight usage, clothing color, speed (of both the vehicle and pedestrian) and the configuration of the roadway will play a role in assessing the responsibility for this accident.  For example, low beam headlights typically illuminate the roadway at least 100 feet in front of the vehicle, and at 35 mph a vehicle is traveling roughly 53 feet per second.  There is the potential then for the driver here to have seen the pedestrian for nearly 2 seconds prior to the happening of the accident.  Since perception-reaction time is roughly 1.5 seconds, the driver of the Highlander may have had the opportunity to see the girl in time to have avoided the accident.

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

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

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

 


 

Four People Injured In Orange County Collision

Posted by: Paul Ralph Posted Date: 06/03/2011

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

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

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

The cause of the crash has yet to be determined, but from the photographs it appears the roadway may have been wet at the time.  This condition could have contributed to the happening of the accident.  If one or more of the vehicles was traveling at a speed unsafe for the conditions (rain), they may have lost control and then started the multi-vehicle accident.  In California, it is a violation of the law to operate a vehicle "at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."  (California Vehicle Code Section 22350)

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

Have you or a loved one been injured in a chain reaction automobile accident?

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

Woman Killed in Orange While Walking Dog

Posted by: Paul Ralph Posted Date: 06/03/2011

According to a story in the Orange County Register, a woman was struck and killed by a car while crossing the street in the City of Orange, late last night.  The 28 year-old woman, Amelia Shields, was reportedly walking with a male companion and her dog and was crossing the street in the crosswalk when she was struck by a car on Chapman Avenue between Main and Batavia streets.  Citing the City News Service, the Register reported the woman was attended to by paramedics and pronounced dead at the scene at 11:04 p.m. The driver reportedly stopped and was being questioned by police.

Read the full story HERE.

While the precise circumstances of this tragic accident have yet to be reported, it is a fair statement that the driver of the vehicle likely has considerable responsibility for the accident.  It appears the victim was lawfully where pedestrians are expected to be found at intersections.  Normally, a pedestrian is entitled to believe their right of way will be respected, and it is not negligent for a pedestrian to act on the basis of that belief.  From the little known about the accident thus far, there does not appear to be any reason to believe this victim had any warning of the impending danger until it was too late or that something occurred to place her on notice that the driver was about to violate the law designed for her protection.  Once more details are known, then additional factors such as the lighting, clothing worn and relative safety of the intersection and crosswalk may be taken into account.

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

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

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

Assistant Coach and Family From Moreno Valley Killed In Crash

Posted by: Paul Ralph Posted Date: 06/03/2011

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

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

See the full story HERE

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

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

Have you or a loved one been injured in a chain reaction automobile accident?

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

Fullerton High School Teacher Killed in Motorcycle Accident

Posted by: Paul Ralph Posted Date: 06/03/2011

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.

Man Badly Injured By Hit and Run Driver in Escondido

Posted by: Paul Ralph Posted Date: 06/03/2011

According to a news report, on February 4, 2011, a 60 year-old man was hit by a full-size white pickup towing a black flat bed trailer as he was crossing Nutmeg Street south of Fountain Place in Escondido.  The accident reportedly occurred at about 5:45 p.m.   The driver of the truck drove away without stopping, leaving the man in serious condition, Lt. Michael Guerrero of the Escondido Police Department said.  He added that the victim of the hit and run was admitted to a hospital with skull and facial fractures.  Police are asking anyone with information to contact Guerrero at (760) 839-4470.  See the full story HERE.

While it remains to be seen what caused the accident, it seems a logical inference the driver's flight from the scene is some indication of his consciousness of guilt.  It is unlawful for any driver in California to leave the scene of an injury accident.  In this case, it appears the driver did not stop at all to check on the condition of the victim and instead chose to flee, hoping never to be identified.  Given the timing of the accident, probably after sunset, it is possible the driver of the truck could have explained the accident as the result of his inability to see the victim crossing the street.  That defense, assuming there was one, has been seriously compromised by this driver's flight and criminal violation of the law.

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

Have you or a loved one been injured by a hit and run driver?

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

77 Year-Old Woman Killed in Irvine Accident

Posted by: Paul Ralph Posted Date: 06/03/2011

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

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

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

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

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

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

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

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

Three People Killed in Multiple-Vehicle Accident in Newport Beach

Posted by: Paul Ralph Posted Date: 06/03/2011

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

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

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

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

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

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

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

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

Man Receives Life Sentence After Crash Kills Family

Posted by: Paul Ralph Posted Date: 06/03/2011

Earlier this week a 33-year-old man who killed a French Valley family of three in a 2008 crash was sentenced by the court to life in prison.  Chad Isaac Huber, who was convicted of three counts of murder, lived in the Inland Empire at the time of the fatal accident.  He had been drinking and was speeding down a road near Lake Skinner when his truck struck the family's oncoming car.

The crash obliterated one side of the family's Malibu, killing Andres San Agustin, 48, a Camp Pendleton-based serviceman, his wife, Maribeth San Agustin, and their 4-year-old son, Angelo.  The judge found that Huber's conduct reflected a conscious and callous attitude toward others.  Because Huber fled the scene after the collision, the police were unable to measure his blood alcohol level, but the fact of his drinking before the accident was conceded by the defense at trial.  

See the full story at http://blogs.pe.com/news/digest/2011/01/french-valley-life-in-prison-f.html

In California, a number of appellate cases have upheld drunk driving murder convictions. Generally, those convictions are based on some or all of the following factors: (1) blood-alcohol level above the .08 percent legal limit; (2) a predrinking intent to drive; (3) knowledge of the hazards of driving while intoxicated; and (4) highly dangerous driving.  In the case above, the defendant had been drinking, was speeding and apparently crossed a lane line and struck the Agustin family vehicle head on.

Aside from his criminal culpability, Huber would be liable in a civil court for the wrongful death of the family.  The surviving family members (likely the parents of the Andres and Maribeth) would be entitled under California law to bring an action for loss of the love, companionship, comfort, care, assistance, protection, affection, society, and moral support of their loved ones.  Additionally, if the decedents provided their parents with financial support this too would be recoverable in a wrongful death action.

Compensation for the victims of drunk driving accidents should be an important concern for all Californians.  When a driver chooses to drink before getting behind the wheel, especially when they know they are compromised, they should be held accountable for the injuries, damages and devastation they leave behind after an accident.  An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has nearly 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family been injured by a drunk 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.

Emergency Vehicle Accidents - Public Entities Liable

Posted by: Paul Ralph Posted Date: 06/03/2011

On Monday, December 27th, a Desert Hot Springs police officer was driving to a call when his patrol car hit and killed a 57-year-old Corona man who was crossing a street at mid-block, according to the California Highway Patrol.  The police unit did not have its lights and sirens operating at the time, and at this point it is unclear what type of call the officer was on just prior to the incident.  The pedestrian, John Howe Jr., died at the scene of the 10:05 p.m. accident along Palm Drive about 30 feet north of Desert View Avenue, according to Riverside County coroner's officials.  In a statement from a representative of the Highway Patrol, it appears the 2008 Crown Victoria patrol car was traveling about 45 mph in a 35-mph zone.  The pedestrian was described as wearing dark clothes and was not in a cross walk, according to the story reported in the Press Enterprise.

See the full story at www.pe.com/localnews/inland/stories/webhit.5c328ce4.html

In general, most people assume that emergency vehicle operators have the right of way under all circumstances and  traffic laws need not be followed.  However, under California law, while the operator of an emergency vehicle does have certain immunities, a public entity may nevertheless be held liable when their employees drive in a negligent manner.  This is particularly true when the vehicle operator has not activated the lights and sirens on the emergency vehicle.

In California, if the driver of an authorized emergency vehicle is responding to an emergency call and gives the prescribed warnings by red light and siren, a charge of negligence against him may not be predicated on his violation of certain Vehicle Code sections, including the basic speed law.   This protection/immunity is found in California Vehicle Code Section 21055.  But, if the operator of the emergency vehicle elects not to give the warnings, the contrary is true.  When no lights and sirens are used as provided in Section 21055, a common law standard of care is applicable, and the public employee must operate the vehicle just as any reasonably prudent would under the prevailing circumstances, not including the emergency.  Simply stated, if the public employee elects not to use the lights and sirens when responding to an emergency call he will treated just as any other driver when determining the issue of negligence.

In the case above, another important principle of negligence comes into play, that involving the alleged statutory violation by the police officer.  The Highway Patrol has apparently already determined the officer was driving at a speed (45 miles per hour) greater than the posted limited.  This violation of the law creates a rebuttable presumption that the officer was negligent in the operation of the vehicle.  This presumption may be rebutted, however, by "proof that...[t]he person violating the statute, ordinance, or regulation did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law."  (California Evidence Code Section 669)

Even in cases where lights and sirens are used, the law does not permit the police to drive with impunity from the moment they activate their sirens and flashing lights.  Instead, the driver, operating his vehicle in the line of duty, must nonetheless drive in such a manner as would not impose upon others an unreasonable risk of harm.   In general, the question to be asked is what would a reasonable, prudent emergency driver do under all of the circumstances, including that of the emergency.

Compensation for the victims of emergency vehicle accidents, caused by the operator’s negligence, should be an important concern for all Californians.  When a police officer or fireman negligently causes a traffic accident and serious injuries or death, the public entity should be held accountable.  An Orange County injury 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.

Do you believe the law imposing liability on public entities for the negligence of their employees is fair?

  • 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.

Hit and Run Driver Kills Pedestrian in Palm Springs

Posted by: Paul Ralph Posted Date: 06/03/2011

Citing police and Riverside County coroner's officials, the Press Enterprise reported that a hit-and-run driver killed a 64-year-old Palm Springs man last night along a busy street in that city.  The victim, Ralph Linwood Leighton, died at the scene of the accident Monday night along East Ramon Road, 445 feet east of Calle Amigo.  Officers answering a report of a pedestrian accident found Leighton lying in the roadway.  Police believe he was hit by a red, maroon or black compact car, possibly a Toyota or Nissan, that has damage to its front passenger side.  Police have asked that anyone with information about the accident please call 760-323-8116. See the story at www.pe.com/localnews/inland/stories/webflee.1379c658.html. Under California law, a person is guilty of a "hit and run" crime if they are "... involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person [and they do not] immediately stop the vehicle at the scene of the accident and ...fulfill the requirements of Sections 20003 and 20004 [of the Vehicle Code]", having to do with providing identifying information.  The information required to be provided includes the name and current address of the driver of the vehicle, as well as any occupants.  The driver must also produce his or her driver's license to the injured party and to any law enforcement officer at the scene.   Beyond providing identifying information, the law also obligates the driver to "... 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."  (California Vehicle Code Section 20003) Assuming a violation of the code sections above, such misconduct may be admitted in court as evidence of negligence or at least consciousness of guilt.  In the case above, the fact that the driver fled the scene could create an inference in a civil case (for wrongful death) that the driver was indeed at fault for the accident.  Additionally, if it can be proven the victim survived the collision for some period of time and succumbed to his injuries because the driver failed to provide the required "reasonable assistance", then the driver may be held liable, even if he was not otherwise at fault. Compensation for the victims of hit and run accidents is an important concern for all Californians.  When a victim is seriously injured or killed and the driver flees the scene, that driver should be held accountable for any injuries and damages suffered as a result.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION. Have you or a family member been a victim of a hit and run accident?

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

Woman in Desert Hot Springs Killed By Loose Trailer

Posted by: Paul Ralph Posted Date: 06/03/2011

According to a story in the Press Enterprise, a 47-year-old Desert Hot Springs woman was killed Wednesday when the car she was driving was hit by a flat bed trailer that had broken loose from its tow vehicle in Palm Springs.  Riverside County coroner's officials identified the victim as Maria Herminia Quinones-Medrano.  She reportedly died at the scene of the 7:06 a.m. wreck along North Indian Canyon Drive, 680 feet south of Train Station Road.

http://www.pe.com/localnews/inland/stories/PE_News_Local_D_webtrailer.10d220b.

As a matter of California law, any operator of a motor vehicle towing a trailer or another vehicle has an obligation to make sure the tow is done safely.  This requirement generally requires that the driver perform a safety inspection before each trip, ensuring that:

  • The pin securing the ball mount to the receiver is intact.
  • The hitch coupler is secured.
  • Spring bar hinges are tight with the safety clips in place (load equalizer or weight distributing hitches).
  • Safety chains are properly attached.
  • The electrical plug is properly installed.

The specific requirements for towing particular trailers varies according to the type of trailer, conventional, cargo, fifth wheel, etc..  The general guidelines can be found at the California Department of Motor Vehicles website. http://www.dmv.ca.gov/pubs/dl648/dl648pt12.htm Logically, a violation of these guidelines may be presumed to be negligence on the part of the motor vehicle operator.  In addition, absent very unusual circumstances, the fact that a trailer comes loose during normal operation may create a legal inference of negligence, a doctrine known as res ipsa loquitur.  Assuming there were no unusual circumstances involved in the case above, it may be presumed the vehicle operator either failed to comply with the DMV guidelines or there may have been a defect in one of the trailer or motor vehicle components intended to secure the trailer.  For example, a coupling or chain could have failed (through no fault of the vehicle operator) because of a design or manufacturing defect.

 

Compensation for pedestrian victims of traffic accidents, caused by a driver’s negligence or a product defect, should be an important concern for all Californians.  When a driver operates their vehicle carelessly or a safety product fails to perform as expected, the responsible party 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 trailer 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.

Multiple Fatalities in 210 Freeway Collision

Posted by: Paul Ralph Posted Date: 06/03/2011

According to news reports, at least two people were killed and several others injured in a traffic collision that shut down the 210 Freeway on Thursday night.  Emergency personnel responded to the scene at about 6 p.m., and the incident reportedly occurred in the eastbound lanes at Mountain Avenue.  At least nine vehicles and a tractor-trailer combination were involved in the fiery collision.

One person was apparently declared dead at the scene of the accident, prompting call and response by the San Bernardino County Coroner’s Office.   The cab of the big rig was completely blackened by fire, and several other vehicles were also destroyed by fire.  The cause of the accident is still under investigation, and initial reports seem to rule out the possibility of drugs or alcohol being a factor. http://www.dailybulletin.com/rss/ci_16653819?source=rss

When horrific collisions like this occur on California freeways, it is a reminder to all of us who get behind the wheel that nothing should be taken for granted.  Through no fault of a driver, a cascade of unfortunate circumstances can unfold in just a second, causing serious, permanent injury and even death.  While negligence likely played a role in the happening of this accident, it was probably the fault of no more than one or two of the drivers involved.  Consequently, in all likelihood there are at least seven innocent victims in this tragedy, not to mention their friends and families who will have to deal with the aftermath.   While perfect justice cannot be achieved (since we cannot undo all of the harm and loss of life), it is important that the victims in a situation like this are compensated and the responsible party or parties held accountable.  Our civil justice system is premised on these ideas compensation and accountability, intended to bring about a fundamental fairness necessary to maintain the civility we have all come to expect.

Compensation for victims of auto/truck accidents, caused by someone’s negligence, should be an important concern for all Californians.  When a driver operates their vehicle recklessly and/or recklessly and causes a serious traffic collision and injuries or death, 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 involved in a freeway collision caused by another’s 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.

Pedestrian Killed By Automobile in Bloomington

Posted by: Paul Ralph Posted Date: 06/03/2011

A 67-year-old Bloomington man was killed Wednesday night after being struck by an automobile that town.  According to San Bernardino County coroner's officials, Victor Silva was struck about 7:15 p.m. by a 2002 Toyota Corolla traveling north on Cedar Avenue near 10th Street.  The victim was taken to Arrowhead Regional Medical Center where he died from the injuries sustained.  The California Highway Patrol is still investigating the cause of the accident.

 http://www.pe.com/localnews/inland/stories/PE_News_Local_D_webbloomington.1c3558f.html

In the case above, the cause of the pedestrian accident is 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 accident occurred at night and questions will surround the use of headlights and perception/reaction time.  For example, in general, low beam headlights illuminate the roadway ahead about 100 feet in front of the driver.  At 25 miles per hour, a driver is traveling roughly 38 feet per second, and, if the driver can see a pedestrian in the intersection from that same 100 feet, then he would have at least two seconds to perceive the danger and react, which should be more than enough time.

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.

Young Girl Dies After Being Struck By Car In La Palma

Posted by: Paul Ralph Posted Date: 06/03/2011

An unidentified, 16-year-old girl was struck by a car while crossing the intersection of Crescent Avenue and Watson Street in La Palma on Monday morning.  Sadly, she succumbed to her injuries after being taken off life support just before 1:00 a.m. on Thursday.  According to news reports, the girl was a student at Kennedy High School.

The driver of the vehicle that struck the girl was questioned at the scene and released.   No charges have been filed, but police say the case is under investigation.  Authorities are asking anyone who witnessed the accident to call the La Palma Police Department at 714-690-3370.  A memorial car wash and fundraiser has been scheduled for this Sunday from 9 a.m. to 3 p.m. in the Kennedy High School parking lot, located at 8281 Walker Street.   The organizers will also be taking donations for the family at the La Palma Pageant at 5 p.m. Sunday, being held at the Kennedy High School Performing Arts Center.

http://www.ocregister.com/news/police-274492-struck-school.html

While the precise cause of this accident is still under investigation, 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.  This duty applies to minors as well.  When evaluating a pedestrian/intersection case some basic knowledge and understanding of accident reconstruction is essential.  For example, it is important to know how far ahead the driver can see into the intersection and his operating speed just prior to the accident.  At 25 miles per hour, a driver is traveling roughly 38 feet per second, and, if the driver can see a pedestrian in the intersection from 100 feet away, then he would have at least two seconds to perceive the danger and react, which should be more than enough time.

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.

Two Pedestrians Killed in the Inland Empire

Posted by: Paul Ralph Posted Date: 06/03/2011

Earlier this week an Apple Valley man, Paul G. Robinson, passed away from injuries sustained about 8 weeks ago when he was struck by a pick up truck in Apple Valley.  The accident happened on August 27th at about 6:30 a.m. while the victim was apparently walking in the roadway.   The accident remains under investigation.

www.pe.com/localnews/inland/stories/PE_News_Local_D_webdeath.49a4728.html

According to news reports, a 50-year-old Desert Hot Springs man will be prosecuted for gross vehicular manslaughter and hit-and-run driving stemming from last week's death of a pedestrian in that city.  That accident happened at approximately 6:30 p.m. on October 20th, and the victim was 49-year-old Roger Pace of Cornelius, Oregon.  He died two days later at Desert Regional Medical Center in Palm Springs.  The detectives investigating the case have found that the driver was operating his vehicle on a suspended license, is nearly 100% blind in one eye and may have been traveling at an excessive speed.

http://www.pe.com/localnews/inland/stories/PE_News_Local_D_webfatal.1.e221d4.html

In general, both drivers and pedestrians must use reasonable care to avoid accidents.  However, that duty to use reasonable care does not require the same amount of caution from drivers and pedestrians.  While both drivers and pedestrians must be aware that motor vehicles can cause serious injuries, drivers must use more care than pedestrians.  A greater amount of care is required of the vehicle operator because of the fact that the driver is behind the wheel of an automobile, which is an instrumentality capable of inflicting serious and often fatal injuries upon others using the highway.

 

In accidents such as those described above, the driver of the automobile has an obligation to keep his eyes on the roadway to ensure collisions are avoided, if they can be.  Pedestrians are likewise obligated to keep a reaonable lookout for vehicles coming into their path.  Since it is the vehicle operator who is in the best position to avoid the collision and the one in control of the dangerous instrumentality, the duty of care is heightened for the driver.  Accordingly, when a driver approaches an area known for high pedestrian traffic (a downtown shopping area or near a school for example), caution must be used when traveling down that roadway.  If a driver can see a pedestrian in time to slow and avoid an accident, he may be held liable if he fails to do so.

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.

Does the California law imposing a heightened duty on drivers, when compared to pedestrians, seem fair?

  • 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.

Orange County Accident Kills Two

Posted by: Paul Ralph Posted Date: 06/03/2011

An elderly woman from Long Beach and an unidentified man were killed late Monday night on the 91 freeway in Anaheim.  The accident reportedly occurred in the westbound lanes near Brookhurst Street when a Nissan Murano struck a disabled, convertible BMW.  The BMW had been involved in an earlier accident and was apparently stranded in the carpool lane.  The driver of the BMW was pronounced dead at the scene, and the Long Beach woman was taken to Anaheim Regional Hospital where she succumbed to her injuries.  The driver and front seat passenger in the Murano were taken to UCI Medical Center for treatment of what were described as major injuries.

Although it remains to be seen, it is possible this accident was caused by inattention and/or excessive speed on the part of the SUV driver.  Even though a vehicle has stopped in a travel lane and therefore interrupts the flow of traffic (because of mechanical failure or related to an accident), those proceeding in that same lane are not excused from keeping a reasonable lookout.  The illumination of the roadway with headlights should be sufficient to enable a driver to see, perceive and react to a danger in sufficient time to avoid such an accident.  Additionally, California law  prohibits drivers from traveling "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."  (California Vehicle Code § 22350)  Assuming a driver travels too fast to brake in time for a disabled vehicle in the roadway, they may well have violated this section.

Compensation for the victims of traffic accidents, caused by another's negligence, should be an important concern for all Californians.  When a driver operates their vehicle in a manner unsafe for the prevailing conditions, 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 an accident like the one above?

  • 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.

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