Pregnant Mother Killed in Victorville Hit-And-Run Accident

At about 10:30 p.m., Friday night, a 20 year-old mother was killed by a hit-and-run driver in Victorville.  According to news reports, the victim, Dejuan Rene Smith, was five months pregnant and pushing her 14-month-old daughter in a stroller when the accident occurred.  Smith was with her daughter on Balsam Avenue just north of Lone Eagle Street when a Ford truck hit her from behind, killing her and her unborn child.  Smith's daughter was taken to Loma Linda University Medical Center with minor injuries and has since been released.

The driver of the truck sped off after hitting Smith.  According to authorities, the Ford truck should have damage to the right front side and should be missing the passenger mirror.  Anyone with information regarding the accident or the locations of the  truck is urged to contact authorities at 760-241-2911.

See the KTLA news story HERE.


From a Google Maps view of the accident area, it appears this deadly collision occurred in a residential neighborhood.  Balsam Avenue north of Lone Eagle is a four-lane roadway with clear limit lines on the edges of the road and a dirt shoulder on both sides.  Houses can be seen on the east side of Balsam, but it does not appear there are any street lights in the area of the accident.  From the article, it is unknown which side of the street Smith and her daughter were located at the time of the accident, and the point of impact will be very important in determining fault for the collision.  However, even assuming Smith, for whatever reason, had ventured into a travel lane, this would not excuse the hit-and-run driver from observing the pedestrians in time to avoid a collision.  The speed limit in the area is a posted 50 miles per hour, and the Ford truck's speed will likewise play a role in determining whether the driver should have had time to see, perceive and react to the situation in time to avoid a collision.  All issues of accident reconstruction aside, the driver's flight from the scene seems to indicate a consciousness of guilt, something that can be introduced as evidence in any civil or criminal proceeding.



Compensation for the victims of automobile accidents caused by a hit-and-run driver, 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 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.


Has a loved one been killed in an automobile accident involving 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. 

Questions Remain in Kelly Thomas Beating Case

As has been reported by a number of media outlets, the beating of Kelly Thomas by officers with the Fullerton Police Department has garnered national attention because of allegations of excessive force.  Five days after the altercation with police officers, Thomas, a 37 year-old homeless man with a history of mental illness, reportedly died from injuries he sustained at the hands of as many as six Fullerton Police officers.  Currently, multiple investigations are under way and witnesses to the incident on July 5th are being sought.
See the Los Angeles Times article HERE.

Since the videotape of the incident emerged, serious questions have been raised concerning the use of force by Fullerton officers to subdue Thomas, who was apparently unarmed.  Court records indicate Thomas was 5'10" tall and possibly weighed less than 150 pounds at the time of the incident.  In the videotape, witnesses to the beating appear disgusted with the repeated use of a taser to subdue Thomas and the overall use of force on a man who was already on the ground.  Unfortunately, the quality of the video is fairly poor, and the incident appears to have been captured only after a considerable amount of interaction between the police and Thomas had taken place.  However, it remains to be seen what other videos (perhaps one from a dash mounted camera) will surface.  In addition to the video already released, a horrific picture of Thomas' face taken after the incident is circulating, and it would seem the Fullerton Police Department may have a hard time explaining the extent of the injuries sustained.

Under the law, a police officer may only use a reasonable amount of non-deadly force to effect the arrest of someone suspected of a nonviolent crime.  The determination of reasonableness of the officer's actions must be considered in light of “the totality of the circumstances at the time,” including “the severity of the crime at issue, whether the [person arrested] posed a reasonable threat to the safety of the officer or others, and whether the [arrestee] was actively resisting detention or attempting to escape."  In addition to this, and in the context of a civil rights claim, the initial step in the analysis here must include whether the Fullerton Police officers had "reasonable suspicion" to believe criminal activity was afoot and that Thomas was involved in that activity.  If the initial contact and detention by the police was unlawful, then Thomas may have been deprived of his civil rights in this regard and what followed may have been illegal as well.

Compensation for the victims of police misconduct should be an important concern for all Californians. When an innocent patron is unlawfully detained and/or beaten by the police, without adequate cause, the public entity should be held accountable and compensation paid to the victim or the victim's family. An Orange County false arrest attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you been a victim of an unlawful arrest or use of excessive force at the hands of the police?

• 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 Accidents in Orange County

A hit-and-run accident in Huntington Beach left a young woman dead from her injuries early Friday morning.  According to a story in the Huntington Beach Independent, the 24 year-old woman, Oriana Millan, was struck along with her companion, Harlan Coffman, while at the intersection of Brookhurst Street and Atlanta Avenue.  Millan was pronounced dead at the scene, and Coffman was taken to a local hospital with what were described as non-life threatening injuries.  Anyone with further information is asked to please contact the Huntington Beach Police Department, 714-536-5666.


See the Independent story HERE.


In another tragic accident, a female passenger was killed when the reportedly intoxicated driver of the car in which she was riding crashed into a tree and a retaining wall.  According to a story in the Orange County Register, the accident happened when the driver, Justin Drake, was apparently speeding on Malvern westbound near Woods Avenue in the City of Fullerton.  The female passenger was in critical condition at the scene and was transported emergently to the hospital, where she later died of her injuries.  Drake was arrested on suspicion of felony DUI.  Anyone with further information is asked to please contact the Fullerton Police Department, 714-738-6716.


See the Register story HERE.


Both of theses accidents appear to have been the product of careless, if not reckless, driving.  In the first story, the driver left the scene of the collision and then reported to police he thought he had struck an animal in the road.   The flight and the seemingly ridiculous story of running over an animal tend to demonstrate consciousness of guilt.  In the Fullerton accident, the driver apparently exhibited signs of intoxication at the scene and was consequently arrested for felony DUI.  In both instances, these drivers will face not only the prospect of serious criminal charges, but the very real possibility of civil lawsuits for wrongful death, which may include a claim for punitive damages.

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 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.

• Has a loved one been killed in an automobile accident involving an impaired 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.

Four Injured In Orange County Freeway Crash

A three-vehicle crash injured four people on the northbound I-405 this morning at about 11:30 a.m.  The accident happened just south of the 405 and 55 freeway interchange in Costa Mesa, according to an article in the Orange County Register.   A Toyota Tundra, a Ford Expedition, and a Scion xB were apparently involved in the crash.  From photographs published by the Register, it would appear the Tundra and Expedition were very badly damaged, and may be determined to be total losses.  Citing official sources, the Register reported that two patients with traumatic injuries were taken to Western Medical Center in Santa Ana.  The other two patients sustained relatively minor injuries and were taken to a nearby hospital.  A total of three ambulances and 13 firefighters were dispatched to the crash, according to the news story.

See the Orange County Register article and photographs HERE.

No determination of responsibility for the accident has likely been made at this point, and the CHP is probably still collecting and/or analyzing evidence regarding the crash.  From the photographs taken, it would appear there is ample evidence with which to reconstruct this collision.  For example, there are skid marks on the roadway, debris was deposited on the freeway after the impact and the metal deformation of the vehicles will aid in reconstructing the accident.

Unfortunately, freeway accidents like this occur at high rates of speed, making the potential for serious injuries quite high.  Reportedly, two people injured in the accident had to be transported emergently to a trauma center, Wester Medical in Santa Ana.  Hopefully, the injuries were not life threatening, and the patients were released shortly after being admitted. 

Compensation for the victims of automobile accidents caused by a driver’s negligence, should be an important concern for all Californians.  When a careless driver negligently or recklessly causes a traffic accident and serious injuries or death result, 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 20 years of experience handling personal injury cases, including those arising from a motor vehicle accidents.  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 careless 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 Woman and Dog Killed in Pedestrian Accident

Yesterday morning in Temecula, an 87 year-old woman and her dog were run over and killed by a driver suspected of operating his vehicle while under the influence of prescription medication.  According to a story in the The Press Enterprise, the victim, Charlotte Boyce, 87, was struck after the driver ran his pickup onto the sidewalk Boyce and her dog were located.  Boyce died from her injuries at about 11:00 a.m. while at Inland Valley Regional Medical Center.  The accident reportedly occurred near Via Cordoba and Via Lucia. 

The driver of the truck, Harry Shane Scholes, 55, of Temecula, remained at the scene and was arrested on suspicion of vehicular manslaughter with gross negligence and DUI.  Citing official sources, the Enterprise reported Scholes was booked into the Southwest Detention Center in French Valley, with bail set at $50,000.  According to the Enterprise article, police believe Scholes was under the influence of a combination of prescription drugs when the collision happened.  He apparently has a history of DUI-related offenses dating back to at least 2006.

See The Press Enterprise story HERE.

This horribly tragic accident looks to have been the fault of a driver operating his vehicle while under the influence, at least based on the information provided thus far.  Here, if is shown the driver was operating his truck while under the influence of drugs, then he would be in violation of the California Vehicle Code and his negligence would be presumed.  However, in every civil case it must be established that such neglect was the legal cause of injury.  Under California law, causation is established by evidence that the defendant's conduct was a substantial factor in causing harm.  It must be more than a remote or trivial factor but does not have to be the only cause of the harm.  Here, at least based on the news report, there is no indication Boyce did anything to cause or contribute to this accident.

Compensation for the victims of intoxicated drivers should be an important concern for all Californians.  When a driver under the influence causes severe or fatal injuries, they should be held criminally and civilly 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 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been injured or killed 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.

  

 

Pedestrian Critically Injured Near Long Beach Courthouse

At about 1: 30 p.m. yesterday, a 66-year-old Long Beach man was struck by an SUV while crossing a street in Long Beach near the courthouse.  According to a story in the Long Beach Press Telegram, the man was trying to cross Magnolia Avenue, between Ocean Boulevard and Broadway, when the accident occurred.

Citing official police sources, the Press Telegram reported that the preliminary investigation found the woman driving the SUV had stopped for pedestrians walking in the crosswalk   It has not yet been determined whether the victim was also in the crosswalk at the time of the accident.. The injured man was rushed from the scene to a local hospital, where he remains in critical condition.

Anyone with information is urged to call Accident Investigation's Detective Richard Birdsall, at 562-570-7355.

See the Press Telegram news story HERE.

Assessing responsibility for an accident like the one above almost always requires a careful analysis of vehicle speed and a sight-distance analysis.  In other words, a key issue is whether the pedestrian was visible in the roadway for such a length of time that the driver could have taken action to avoid the accident.  Such an analysis demands careful consideration of the precise point of impact in the roadway as well as whether the driver was subjected to any type of visual obstruction or impairment.  For example, if the pedestrian was only visible to the SUV driver for one second prior to the impact, then responsiblity for the collision may not rest with the driver.  Generally, perception to reaction time is approximately 1.5 to 2 seconds and, depending on the speed of the vehicle and the distance at which the driver could have first seen the pedestrian, the driver may not have had sufficient opportunity to observe the pedestrian.  In addition to that analysis, the driver's speed and whether it was reasonable under the prevailing conditions may impact the ultimate determination of fault.

Compensation for pedestrian victims of automobile accidents, caused by a driver’s negligence, should be an important concern for all Californians.  When a driver’s inattention causes him to strike a pedestrian, they should be held accountable.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling auto versus 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 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. 

Inland Empire Crash Leaves One Dead

A three-vehicle crash reported yesterday in the Inland Empire has left one driver dead.  According to the Press Enterprise, the collision occurred along a busy desert highway west of Adelanto.  Citing officials with the San Bernardino County Coroner's office, the Enterprise reported a 26-year-old Hesperia man,  Daniel Crihfield, died at the scene of the accident.  He apparently was driving eastbound and was attempting to pass a pickup truck in the process of making a left turn when the accident occurred.  The impact with the left-turning vehicle caused Crihfield's Ford Ranger to rotate sideways and cross into opposing lanes of traffic where it was struck by an oncoming vehicle in the westbound lane of Highway 18.

See the Press Enterprise story HERE.

From the Enterprise story, it would appear Crihfield may have caused this tragic accident by traveling too fast for the prevailing conditions.  When approaching a left-turning (presumably slow moving) vehicle, a driver should be traveling at a speed that will allow for a sudden stop.  As experienced drivers know, when a vehicle commences a left turn there is at least some chance the turn will not be completed in one motion.  In other words. the drivers behind may have to wait for opposing traffic to pass just as the left-turning driver.  As with any other type of rearend accident, driver inattention may well have played a role in the happening of this accident, although a final determination will require further investigation.

Compensation for the victims of negligent drivers should be an important concern for all Californians.  When a driver negligently or intentionally causes a serious injury accident, they should be held civilly responsible.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate representation.  Mr. Ralph has 20 years years of experience handling personal injury and 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 injured in a serious 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 Badly Injures Family In Orange County

An accident that occurred on June 20th in Orange County has left a family devastated and trying desperately to identify the responsible hit-and-run driver.  According to KTLA news, the accident happened while three members of the Argo family were heading northbound on the 405 freeway near Laguna Canyon Road.  At about 12:30 p.m., a black GMC Suburban reportedly ran into the vehicle being driven by 40 year-old Annette Argo, with two of her children on board, causing the Argo vehicle to crash into a ditch.  The SUV driver apparently fled the scene without rendering aid or calling for assistance.  Ava Argo, just 4 years old, suffered severe injuries and was admitted to the intensive care unit  of a local hospital.  Last week, doctors spent nine hours operating on her to fix her jaw, upper palette, eye sockets and nose.  She also underwent a tracheotomy, but it will be another week before doctors can un-wire her jaw.  Ava's 9 year-old brother, Gaven, suffered a broken clavicle but has been released from the hospital.  Annette sustained very serious injuries to her right leg, and she remains hospitalized.
Ava's father, Robert O'Connor, and his wife, Erica, are now offering a $10,000.00 reward to anyone who provides information leading to the arrest and conviction of the hit-and-run driver.

See the KTLA news story and photographs HERE.

While the precise circumstances of how the accident occurred were not released in this news story, the actions of the hit-and-run driver would seem to reflect consciousness of guilt.  Why would anyone flee the scene after being involved in such a horrific accident unless they were trying to avoid criminal and civil responsibility?  Simply stated, under California law the flight of a person immediately after the commission of a crime is not sufficient in itself to establish guilt, but it is a fact which, if proved, the jury may consider in deciding a defendant's guilt or innocence.   Here, evidence of the SUV driver's flight would seem particularly compelling evidence since he would have had at least two reasons not to leave the scene: (1) to comply with the law requiring he stay, and (2) to render aid to those in the Argo vehicle who could easily have been, and actually were, badly injured.  In the context of a civil case, the hit-and-run driver's responsibility would not have to be proven beyond a reasonable doubt, but only established by a preponderance of the evidence, that featherweight of evidence tending to prove negligence.

Compensation for the victims of  hit and run accidents should be an important concern for all Californians.  When a driver negligently or intentionally causes a serious injury accident and then flees the scene, they should be held criminally and civilly responsible.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate representation.  Mr. Ralph has 20 years years of experience handling personal injury and 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 injured in a hit-and-run automobile accident?

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

Tragic Accident Near Glen Avon Claims The Lives of Two Children

After a tire apparently blew out, an SUV carrying eight passengers rolled several times on the eastbound lanes of Highway 60 in Glen Avon yesterday morning.  Citing official CHP sources, the Press Enterprise reported that the majority of the passengers were not properly seatbelted at the time of accident.  The passengers were apparently coming from Los Angeles and heading to a Fourth of July outing at Lake Perris in Riverside County.  The early investigation showed the vehicle, a Mitsubishi Montero, rolled at about 9:45 a.m. after an apparent tire blowout near Pyrite Street.  The vehicle was reportedly carrying three adults and five children.  Two of the children, ages 6 and 14, were pronounced dead at the scene, and the remaining six victims were transported to local hospitals for treatment of injuries ranging from minor to severe.

See the Press Enterprise story HERE.

This tragic accident is still under investigation by the CHP, and it is far too early to identify a definitive cause.  However, it appears witnesses reported a tire on the Montero blew out before the rollover accident.   Assuming this to be true, it will be important for those investigating the accident to determine whether the blowout resulted from striking an object in the road, a product defect in the tire,  inadequate tire pressure or a combination of some or all of these factors.  Additionally, the driver's reaction to the sudden deflation of the tire will determine whether human error contributed to the severity of the accident.  Important elements of accident reconstruction and human factors will need to be evaluated in order to best determine how and why this horrific accident occurred.

Compensation for victims of accidents caused by a defective product, should be an important concern for all Californians.  When a consumer is injured or killed because of an unsafe product, including a vehicle tire, the manufacturer should be held accountable.  An Orange County product liability 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 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 involving the failure of a defective product?

• 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.