Appellate Court Imposes Arbitration on Harassed Employee

In a decision reached earlier this month, the Second District Court of Appeals held that an employee's racial discrimination and sexual harassment claims (among others) have to be arbitrated as opposed to being tried before a judge and jury.  In that case, a female employee of Mexican ancestry, Maribel Baltazar, working for Forever 21, claimed she was sexually harassed and subjected to discrimination because of her race and sex.  At the time she filled out her job application, she was presented with an "Agreement to Arbitrate" which she initially refused to sign.  Such an agreement effectively waives an employee's right to a jury trial for any claim arising from the employment.  After several employees of Forever 21 considered her refusal during the application process, Baltazar was finally told she must "sign it or no job."  She signed and after working for nearly four years with the company, Baltazar finally felt compelled to leave because of harassment and discrimination, and she quit.  The company and the individual employees named in the lawsuit brought a motion to compel based on the arbitration agreement.  In spite of the fact the trial court had ruled in Baltazar's favor, the appellate court decided the agreement was not "unconscionable" under the law and was therefore enforceable.  

What this recent case demonstrates, once again, is the predisposition of the courts to order even claims involving fundamental rights (guaranteed by multiple statutes) to arbitration.  Generally, the arbitration process tends to favor employers in as much as getting the case to arbitration can be much slower than a trial, and it is generally kept from the public's view, where a company's discriminatory conduct can remain hidden.  Additionally, many trial attorneys feel the arbitration process may result in lower awards to the injured party.  On the other hand, some lawyers believe arbitrators are often more fair-minded and cannot be moved by passion or prejudice, when compared to a jury.  Arbitrators tend to be experienced lawyers and retired judges.

As a prospective employee, when you sign an arbitration agreement with the potential employer, you should be mindful of the fact you are thereby waiving your right to a jury trial if your employer treats you unlawfully.  Your case will instead be decided by an arbitrator or panel of arbitrators who may not identify as readily with your side of the case.  Additionally, some feel that the threat of a public lawsuit often moves a large company to resolve meritorious claims, something that may be absent when the case is sent to arbitration.  Public records are generally not kept of arbitration outcomes and what information is available is not readily accessible to the public at large.  In spite of the potential pitfalls of arbitration, an employment law attorney can be of assistance in evaluating the merit of a wrongful termination claim.  

Riverside Accident Takes Two Lives Near Bus Stop

A driver reportedly lost control of his car and struck pedestrians at a Riverside bus stop, killing two and seriously injuring two others, according to NBC news.  The accident happened this afternoon at about 1:00 p.m. on Magnolia Avenue fairly near its intersection with Tyler Street, not too far from the Galleria at Tyler mall.  According to news reports, the two fatalities involved a woman in her 20s and a little girl, 2 to 3 years old.  A second woman and and a man were hospitalized in critical condition with injuries to their lower extremeties.  The driver of the Kia Optima involved in the accident, a 50-year-old male, was not injured.  He was taken to the Riverside Police station for questioning.

Cause of This Tragedy

While the precise cause of this accident has not yet been reported, it does not appear to have been related to any serious medical condition on the part of the driver, who was reportedly taken to the police station after the collision without first receiving any medical treatment.  Had this tragedy been related to a heart attack or seizure, you might expect the driver to have been taken to the hospital along with the injured pedestrians.  The driver's age, 50, would not seem to explain the accident, as it might be with an elderly driver who confuses the accelerator and brake.  As of this moment, distracted or impaired driving cannot yet be ruled out as a potential cause.  One thing is certain, however, the pedestrians waiting at or near the bus stop were not to blame.  In all likelihood, from a purely civil liability assessment, the driver will be found solely at fault for this horrific accident, and the injuries and damages will be his responsibility.

Riverside Automobile Accidents

With regard to the 13 cities in California with a population over 250,000, Riverside actually ranks near the bottom in terms of the number of automobile accidents resulting in injury or death.  According to the California Office of Traffic Safety, Riverside ranked 13th in pedestrian accidents in 2010.  Only a total of 67 pedestrian accidents, involving death or injury, were reported in all of 2010.  In light of this, the accident above might appear even more difficult to understand.  Riverside is apparently a relatively safe community in this context, making the determination of the precise cause of the collision all the more important.  Certainly the families of the victims will want and they very much deserve answers.  While nothing can ever undo the harm and the loss suffered, determining the cause of the accident can at least bring some closure.

When evaluating the cause of an accident and the injuries and/or death resulting, a personal injury attorney will need to gather essentially the same evidence as the investigating police agency.  Fortunately, the initial work done by the police can aid in making a liability determination or at least provide the foundation for a thorough reconstructive analysis.  In the case above, because death and serious injuries are involved, the investigation by law enforcement will likely be quite thorough, but it is not uncommon for a civil litigator to discover additional (sometimes contradictory) facts painting an even more complete picture.  

SOURCE:  Car Crashes Into Riverside Bus Stop, Killing Two, NBC Southern California, by Melissa Pamer and Nyree Arabian, December 28, 2012

Fatal Pasadena Police Pursuit Cuts Two Lives Short

According to KTLA news, a police pursuit in the City of Pasadena on Christmas has left two people dead.  The victims, a boy 11 years old, and a woman, 26 years old, were among the five occupants of a minivan that was struck by an SUV fleeing the police.  Apparently, the SUV had failed to stop at a stop sign earlier and was being chased by police when it ran through a red light at the intersection of Claremont Street and Marengo Avenue, where it struck the minivan.  KTLA, citing police sources, has reported that the occupants of the minivan were family members visiting Southern California from the San Francisco area.  The three surviving passengers in the minivan and all four occupants of the SUV were taken to the hospital for treatment.  Since none of the occupants of the SUV would admit they were the driver at the time of the crash, all four were arrested and booked for murder.

LIABILITY FOR THE FATAL CRASH

In the case above, it might seem the City of Pasadena would have some responsibility for the collision and the damages sustained by the victims and their families.  However, as a public entity, Pasadena is fairly well protected from liability because of governmental immunities.  Those legal protections generally require certain policies and training be in place relative to police pursuits before they become operative.  The liability of the driver and perhaps owner of the of the SUV would seem fairly easy to establish.  The driver, whichever of the four occupants it was, reportedly failed to stop for a red light, a violation of California Vehicle Code Section 21453.  That violation of the traffic laws should be enough to establish the driver was negligent and therefore liable for the accident.  Since the occupants of the SUV have thus far refused to cooperate with police in identifying the driver at the time of the collision, the victims and their families would likely need to file suit against all of the occupants. The burden would then be shifted to these defendants to identify the driver or jointly suffer the consequences of an adverse judgment.

WRONGFUL DEATH CLAIMS

As a result of this tragic crash, two lives were cut way too short.  Their families would certainly have the right to pursue wrongful death claims.  The parents of the 11-year-old and the husband/children of the woman killed would be the likely plaintiffs in any such action.  As a society, we exact justice collectively by way of a criminal conviction and the individual victims and their family members may seek civil justice by way of a lawsuit.  In those types of cases, the families are compensated for the lost relationship with their loved ones, including the loss of financial support that would have been provided by the decedent.
When a wrongful death case is pursued, an experienced personal injury attorney can be of assistance in evaluating those claims.  Often the potential recovery is dictated by the closeness of the relationship between the plaintiff and the decedent and the extent of financial support that was provided in the past and would likely have been given the future.  Attorneys with experience at handling these wrongful death cases have the insight necessary to assess their value and collectibility 

SOURCE:  WOMAN, BOY KILLED IN PASADENA PURSUIT CRASH, KTLA News, December 26, 2012, by Kellan Connor

Do We Arm Our Teachers in Orange County?

According to KTLA news, a city councilman in Orange County is calling for teachers to be armed in response to the Sandy Hook shooting in Connecticut.  The San Juan Capistrano City Councilman, Derek Reeve,  has reportedly said that "efforts must be taken to empower teachers, staff and parents to protect our children.”  The comments, which also included a recommendation for teacher training and to permit parents to carry guns on school campuses, were suggested as options to protect children in situations like the one in Connecticut.

Arming Teachers and Allowing Weapons on School Campuses Could Subject School Districts to Civil Liability

In general, criminal acts committed by third parties are not the responsibility of the property owners or operators where the incident occurs  However, where the property owner and the victim have a "special relationship" (as exists between a teacher and student) there may be a duty of protection, where the danger to the victim is reasonably foreseeable.  In light of tragedies like Sandy Hook, it might seem the obligation of school districts around the country would be to arm teachers and parents in order to better protect the children on campus.  But the analysis cannot end there.
The duty of protection requires "reasonable" efforts be made, not efforts that could clearly cause more harm than good.  One can easily imagine a school teacher, with only limited firearms training, making the wrong decision to fire on someone who appears to pose a threat, injuring or killing someone unnecessarily.  Do we really want to force school teachers to make life-or-death decisions that trained law enforcement officers would have a hard time making?  

Aside from the potential for a teacher to negligently discharge a weapon, liability would almost certainly be imposed on a school district if a teacher carelessly let their weapon fall into the hands of child who was then injured or killed.   So many scenarios could easily give rise to liability, and the public entity operating a school would have to suffer the civil liability.  In fact, guns in and around schools are perceived as such a threat in general that California enacted the Gun-Free School Zone Act of 1995, criminalizing the possession of a firearm in a school zone.  Do we seriously want more guns around school-aged children?

If all of these potential teacher-related problems were not enough, the councilman's suggestion also included allowing parents onto school campuses with a firearm.  In that scenario, we would then have some untrained, perhaps unstable, person wandering onto a school campus with a loaded gun.  That would carry with it its own set of potential liabilities and problems.  Even if the teachers and the parents were armed, in reality, what chance would any of these teachers or parents have against a homicidal maniac with an assault weapon?  Not much.  

From a purely legal perspective, the liabilities associated with arming teachers and parents on school grounds would far outweigh any probable benefit.  The likelihood of an accidental injury or death would be increased exponentially if we arm so many people on our school campuses.  There has to be better, less risky steps we can take to protect our children.

SOURCE:  O.C. Councilman Wants Teachers To Be Armed, KTLA News, December 20, 2012

Guilty Plea In Fatal DUI Crash In Perris

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

Woman Struck and Killed In Riverside While Pushing Wheelchair

The Press Enterprise has reported an accident in Riverside in which a woman pushing her wheelchair-bound son was struck and killed.  The accident happened yesterday just before 5:30 p.m. on Magnolia Avenue near its intersection with McCray Street.  A pickup truck, operated by 76-year-old man from Corona, struck the woman but just missed impacting her disabled, adult son.  Both were taken to a local hospital where the woman was later pronounced dead.  The woman was pushing her son westbound across Magnolia at the time of the accident.  There is no marked crosswalk at this intersection.

Anyone with information or who witnessed the accident should call Detective Rick Prince at 951-826-8722.

Intersection Accidents Involving Pedestrians

As you might expect, intersection accidents involving pedestrians are not uncommon.  It is often assumed that someone crossing the street outside of a marked crosswalk is solely responsible for any accident that occurs.  That is not, however, the law in California.  In automobile-versus-pedestrian accident cases, the appellate courts have held that the driver of a car must, in order to avoid liability, keep a proper lookout for persons on highway.  Even though the driver may be traveling at lawful rate of speed, he still remains bound to anticipate that he may meet persons at any point on the roadway.

Factors To Be Considered in Determining Liability

In the case above, regardless of whether the driver was obeying the speed laws, he may still be found negligent in relation to the accident.  For example, if the woman and her son were visible for more than 100 feet (which is about the distance headlights will illuminate the roadway ahead) a driver traveling at the posted speed limit (35 mph in this case) would have at least two seconds to avoid the accident.  If it can be shown the visibility was even greater or his speed slower then the wrongful death claim against the driver would be strengthened.  It should be kept in mind that pedestrian visibility is one the leading pedestrian safety problems at intersections.  Pedestrians often assume they can be seen for a greater distance than they are actually visible.

An experienced Orange County Car Accident Lawyer with experience handling this type of case can be of assistance in evaluating wrongful death and pedestrian accidents like the one above.   A free consultation is available to injured parties and the families of accident victims.

SOURCE:  RIVERSIDE: Mother Pushing Wheelchair is Hit, Killed, David Keck, Press Enterprise, December 6, 2012

7-Year-Old Girl Hospitalized in Orange County Hit-and-Run

Police are searching for a hit-and-run driver who struck a 7-year-old girl in Santa Ana on Tuesday evening, according to KTLA news.  This horrific, Orange County accident was captured on security cameras near the scene, and police are currently looking for the driver of what they believe is a black Toyota 4Runner.  The little girl was with her mother and was running across the street to get to her home, an apartment complex on the opposite side of the street.  She is still in the hospital following surgery to relieve the swelling on her brain and is expected to survive.

Anyone with information about this tragedy should call the Santa Ana Police Department at 714-245-8665

DUTIES OF DRIVERS AND PEDESTRIANS

In general, a driver no right of way superior to that of a pedestrian, and each has equal and reciprocal rights, although driver, being in control of dangerous instrumentality capable of inflicting fatal injuries, is charged with a greater amount of care than pedestrian in order to be bound to same standards of ordinary care.  Pedestrians who cross in the middle of a block do not have an equal right to be in path of oncoming motorist, but they are not fair game for a driver who operates his vehicle without regard for what may unexpectedly appear in street.  

ACCIDENT RECONSTRUCTION AND LIABILITY

Here, from the videotape, it appears the driver is traveling faster than 25 miles per hour but is using the headlights on the vehicle.   Given the apparent speed, the driver was likely in violation of the California Vehicle Code since the accident scene was within a residential area, with a speed limit of 25 mph.  In addition to the speed, the distance at which the victim could be seen and the time the driver had to react play a role in assessing liability.  If it can be shown the driver should have seen the little girl for more than 1 1/2 to 2 seconds prior to the impact and failed to take sufficient, evasive action, the bulk of the liability would likely rest with the driver.

Any personal injury case brought on behalf of the little girl in the accident above will require careful, detailed consideration of the facts and circumstances that will ultimately be necessary to reconstruct this serious accident.  An experienced Orange County car accident attorney can be of help in assessing this type of injury case.  If you or a family member is an accident victim, you should make an informed decision about your rights and whether compensation is available for injuries and damages sustained.

SOURCE:  7-year-old Girl Hospitalized in Santa Ana Hit-and-Run, KTLA News, December 6, 2012

Orange County Slip and Fall Verdict Upheld

A verdict rendered by an Orange County jury in a slip and fall case was upheld on appeal last month despite claims by the injured party's attorney that there had been juror misconduct.  The verdict in favor of the defendant homeowners and the trial court's decision not to grant a new trial trial were affirmed by the Fourth District Court of Appeals despite evidence that the defense verdict was reached after the jury wrongfully considered evidence of liability insurance against the trial court's instructions.  

According to one juror, the jury discussed the belief that the plaintiff must have already been paid on a homeowner's insurance claim by an insurance company for the slip and fall injury that was the subject of the case.  The jury reportedly wondered aloud and was concerned that a verdict in the injured party's favor would be a ‘double recovery.’

The Alleged Misconduct and The Law

Assuming the jury was of the misimpression that a verdict for the injured party would be a "double recovery" because of prior insurance payments, it would be representative of one of the most unsettling facets of a jury trial.  Every juror enters the deliberation room with their own life experience and perceptions as to how the civil justice system works.  There is little to nothing the attorneys in the case can do about that.  However, the jurors are instructed by the court at the close of a civil trial to follow the law and are specifically told their training or experience is not a part of the evidence to be given consideration.   In other words, jurors are supposed to consider ONLY the law and the facts presented within the four walls of the courtroom, and the alleged misconduct above demonstrates why this is so important.

Evidence of Insurance Is Inadmissible

Under California law, a civil jury cannot consider whether any of the parties in a case has insurance, and they are specifically instructed that insurance is totally irrelevant.  Any juror in the above case who may have believed the plaintiff would receive a double recovery by way of a favorable verdict would be grossly misinformed.  The homeowner's insurance company has a duty to defend and indemnify the homeowner relative to personal injury claims and lawsuits.  The homeowner's insurance carrier essentially steps into the shoes of the homeowner for purposes of paying claims or a verdict.  In other words, the injured party generally can recover from only one source and not both.   This is known as the single satisfaction rule, and it prevents unjust enrichment to a party to a lawsuit.

The complexities of premises liability law, jury trials and insurance-related matters are best left to experienced injury trial attorneys.  If you have been injured in a slip and fall or other accident, it may be in your best interests to contact an Orange County injury lawyer for advice.

SOURCE:   Barboni v. Tuomi (2012) 210 Cal. App. 4th 340

La Habra Crash May Have Been DUI Related

According to the Orange County Register, a 55-year-old man was pronounced dead at the scene of a traffic collision in La Habra on Sunday night.  The two-vehicle crash occurred at 10:33 p.m. on Harbor Boulevard and Arbolita Drive.  Citing official sources, the Register  reported that one of the vehicles actually rolled off the roadway.  The deceased driver has been identified as Oscar Rodriguez of Buena Park.  The driver of the second vehicle involved in this Orange County auto accident was reportedly uninjured.  The La Habra Police Department is investigating the accident as a possible DUI.

Traffic Fatalities Actually On The Decline

According to statistics published by the California Office of Traffic Safety, the number of fatal automobile accidents and the number of DUI fatalities occurring on California actually decreased, as of the time the numbers were last reported.  In 2010, California’s traffic fatalities decreased 11.9 percent, reaching their lowest level since the federal government began recording traffic fatalities in 1975.  Alcohol-impaired driving fatalities (fatalities in crashes involving a driver or motorcycle rider with a blood alcohol concentration (BAC) of 0.08 or greater) dropped by 14.4 percent from 924 in 2009 to 791 in 2010.   The 2010 figure is the lowest DUI death total ever.  In spite of this trend, nearly every week a fatal or serious-injury automobile accident is reported in Orange County.  While the recent numbers are encouraging, if we can further diminish the number of alcohol and drug-related crashes, we can greatly diminish the risk we all take while behind the wheel.

Fault For This Accident

A complete accident reconstruction will likely be necessary in order to completely understand this tragedy and assign liability for Rodriguez' death.  At this point, we do not know which of the drivers, if either of them, may have been impaired behind the wheel.  In addition to the impairment issue, there is also the fact the roadway where there this accident happened is curved, and the roadway was wet from the rain.  With all of these factors to be considered, fault for this accident will require a detailed analysis.

Assuming the accident was caused by the neglect of the surviving driver, Rodriquez' family would be legally entitled to pursue a claim for wrongful death.  Assessing the liability picture and the potential damage recovery is something that can be addressed by an experienced Orange County injury attorney.

SOURCE: 55-year-old man dies in La Habra crash, Orange County Register, Alejandra Molina and Sean Emery, December 3, 2012

Substance Abuse Counselor Arrested for Fatal DUI

Late Saturday night a substance abuse counselor was arrested after alleging killing a man while driving drunk in Torrance, according to a news report on KTLA.    The suspect, 51-year-old Sherri Wilkins, is accused of hitting a pedestrian and then driving for roughly two more miles with the victim embedded in her windshield.  Witnesses surrounded Wilkins' car at the intersection of Crenshaw Boulevard and 182nd Street and detained her until police arrived.  The 31-year-old victim, Philip Moreno, was pronounced dead at a local hospital.  According to the news report, Wilkins' blood-alcohol content was more than twice the legal limit.  She is a third-striker according to the news report and has been charged with murder.

A memorial fund has been set up for Moreno and donations may be made at the following:

TCCU (Torrance Community Credit Union)
Phillip Moreno Memorial Fund
Account # 953531-02
(310) 618-9111

Drunk Driving and Fatal Accidents

According to the Centers for Disease Control and Prevention, about 30 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver every single day.  This amounts to one death every 48 minutes.  In the case above, it is hard to imagine that an experienced substance abuse counselor would not appreciate the risk created when driving impaired.  In spite of the good she may have done in the past, Wilkins will likely be remembered for her role in bolstering the fatal DUI statistics mentioned above.  This tragic accident was entirely avoidable, and now we can never restore what the Moreno family has lost.

Wrongful Death Compensation In California

Since no criminal conviction and no amount of money will turn back the clock, the only thing we can do as a society to bring justice to the family of someone who died as a result of careless or criminal behavior is to compensate the survivors with money damages.  To some extent, at least as far as financial support is concerned, those damages may assist the family members in living the lives they would have enjoyed but for their loved one's death.  For example, money can be set up in a structure for young children so they can be provided at least adequate living conditions and an education.  For very small children this is often done by way of an annuity purchase that will provide for the children during their minority and even through their early adulthood.  Beyond this, surviving family members are entitled to be compensated for the loss of the love, society, care, comfort and affection the decedent would have provided...a difficult task.

In evaluating the potential recovery in a wrongful death case, an experienced personal injury attorney can provide essential guidance.  There are no formulas for calculating the value of a lost relationship and it is instead something that can be discerned best by experience with similar cases.  Every situation is different, and complicated issues of liability, damages, earning capacity and present value must be carefully addressed.

SOURCE:  KTLA News, " Substance Abuse Counselor Charged in Deadly DUI Crash", November 28, 2012.

The Killed in Long Beach Collision

According to KTLA news and the Belmont Shore-Naples Dispatch, two men were instantly killed and a third died in the hospital as a result of a traffic collision in Long Beach Saturday night.  The first two victims, Mark Martineau, 36, and Richard McAleavey, 54, were declared at the scene of the accident in the 2900 block of Redondo Avenue.  Reportedly, Martineau lost control of his  Dodge Ram when trying to change lanes, causing the vehicle to careen over a sidewalk and into a pylon beneath the 405 Freeway.  Another passenger, 36-year-old Terrence Harris, was badly injured and succumbed to his injuries on Sunday afternoon.  The crash is under investigation, but the driver may have been speeding and lost control in wet weather.  The Long Beach Police Department would like witnesses to call them at (562) 570-7355.

LONG BEACH TRAFFIC ACCIDENTS

According to the California Office of Traffic Safety, the City of Long Beach ranks 10th/9th out of the 13 cities in Los Angeles County with a population of more than 250,000 residents, in terms of injury and fatal accidents.  In 2010, there were 1,874 injury or fatal accidents in Long Beach.  Of those accidents, 254 were reportedly speed related, as may have been the case in the accident above.  From a quick review of the scene via Google Maps, there does not appear to be anything unusual or dangerous about this particular area of Redondo Avenue.  To the contrary, the roadway appears flat and straight with virtually no obstacles of any kind.  Absent other information to the contrary, this tragic, triple-fatality accident would appear to be the result of driver negligence.

WRONGFUL DEATH RECOVERY

The families of McAleavey and Harris would appear to have the right to pursue claims for wrongful death against the insurance carrier for Martineau and/or his estate.  Under California law, surviving family members (typically the spouse and children) have the right to pursue claims for the loss of the society, care, comfort, affection, love and support their loved one would otherwise have provided.  Claims such as this are generally unlimited in terms of the amount the family can recover, except in the context of a medical malpractice case.  What does impact the recoverable compensation are factors such as the amount the deceased provided in the way of financial support and the closeness of the relationship with the family left behind.

An experienced Orange County personal injury attorney is perhaps in the best position to assess the above factors and the best approach to a wrongful death claim.  

Elderly Driver Crashes Through Canoga Park Store

According to KTLA news, a 72-year-old woman crashed her car through the service doors at a Target Store in Canoga Park.  The accident happened Friday evening at the store located at the Westfield Topanga Mall.  Two people inside the store were injured, one of them critically.  

The driver apparently failed to negotiate a turn down a driveway and never applied her brakes before crashing through the store and traveling more than 50 feet.  According to news reports, a 29-year-old woman suffered serious head trauma and was listed in critical condition.  A 56-year-old male victim sustained a hip injury and he too was taken to the hospital along with the elderly driver.

Elderly Drivers and Accidents

According to the Centers for Disease Control and Prevention, the risk of being injured or killed behind the wheel increases as we age.  For example, in 2008, more than 5,500 older adults were killed in motor vehicle crashes and more than 183,000 were injured.  This amounts to 15 older adults killed and 500 injured in crashes on average every day.  According to studies cited by the CDC, per mile traveled, fatal crash rates increase starting at age 75 and increase notably after age 80.  This is largely due to increased susceptibility to injury and medical complications among older drivers rather than an increased tendency to get into crashes.

Safety Measures Can Be Taken

For elderly drivers, age 65 and older, there are steps that can be taken to better ensure safe travel behind the wheel.  Some of the accident prevention measures include: asking your doctor about current medications and their impact on driving, having your eyesight checked, planning your route well in advance, avoiding distractions in the vehicle and leaving a large distance between you and the car ahead.  Beyond this, if there are concerns about one's ability to drive, alternative modes of transportation should likely be considered.  As the accident above demonstrates, it is always better to take preventative steps before there is a tragedy that will affect the victims and their families for a very long time, if not forever.

When An Elderly Driver Accident Does Occur

Unfortunately, motor vehicle accidents involving elderly drivers are not uncommon and injuries resulting from those collisions can be devastating.  Because compensation for injuries and damages are contingent upon and often limited by legal issues, it is always best to seek the advice of an experienced Orange County auto accident attorney after a collision.  It is most important to determine what rights you may have to compensation in order to protect your future and that of your family.

SOURCE:  KTLA NEWS, "Elderly Driver Slams into Canoga Park Target Store", October 28, 2012 

Man Arrested in Newport Beach Hit-and-Run

Newport Beach, CA—Authorities have made an arrest in the hit-and-run bicycle accident that killed a popular Irvine doctor on September 15, according to an ABC 7 news report.

Michael Jason Lopez of Anaheim was charged with hitting Catherine Ritz and fleeing the scene of the accident. Witnesses described a black pickup truck, and police believe they have recovered the vehicle involved in the Orange County auto collision.

Ritz was riding her bicycle with her husband along Newport Coast Drive near Ocean Vista when she was struck by the pickup, which fled without stopping to help. She was transported to a hospital in Mission Viejo, where she was pronounced dead.

Ritz was described by friends and colleagues as a caring and compassionate doctor who had worked hard to bring quality healthcare to Irvine residents. She is survived by a husband and family.

My heartfelt condolences go out to the victim's family, and my congratulations to the police for finding the driver involved in this accident.

Hit-and-Runs Responsible for Large Number of Deaths

Hit-and-run is more likely to occur at night and it is more likely when drivers are drinking, according to the National Highway Traffic Safety Administration. However, hit-and-run accidents can occur at any time, and they are responsible for many injuries and deaths in pedestrian and bicycle crashes.

The NHTSA estimates that at least eleven percent of all pedestrian fatalities are caused by hit-and-run drivers, and the California Highway Patrol states that 25 percent of all Los Angeles bicycle accidents are hit-and-run. Not all hit-and-run drivers are identified or arrested, although breakthroughs in forensic science have helped police find many drivers who fled the scene of an accident. However, eyewitness reports remain the primary method of finding hit-and-run drivers.

What Will Happen To This Driver?

When a driver commits a hit-and-run, there are two issues facing the authorities and victims. First, the authorities are responsible for charging the driver with criminal action. Hit-and-run is prohibited by California law and can result in much longer sentences than those cases in which the driver stays at the scene of the accident. According to California Criminal Code Section 20001, drivers can be charged with hit-and-run and punished by up to four years in prison for leaving the scene of an accident with injuries. This sentence is in addition to any penalties imposed for other charges stemming from the accident.

Liability Issues In A Hit-and-Run

Although the criminal charges are important, civil suits are also important if the victim is to collect any damages in payment of his or her injuries. Criminal courts do not award damages to the victim, although they are allowed to fine the driver for his or her actions. However, if the victim wants to collect money to pay for medical bills or pain and suffering, the victim must file a civil lawsuit.

A pedestrian accident attorney can help the victim recover these damages by filing a lawsuit for personal injury. Consult an expert Orange County personal injury attorney to discuss your case and determine the best course of action to follow to collect damages for your injuries.

Source: ABC News, “Arrest in Newport Beach hit-and-run accident,”

Five-Car Collision In Orange Leaves One Dead

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.

Deputy Sheriff Involved In Fatal Collision

According to news reports, a San Bernardino County Deputy Sheriff was involved in a rearend, three-vehicle collision that killed a 38-year-old woman this weekend in Victorville.  The victim, Vanessa Rosales, reportedly died at a hospital approximately 45 minutes after the the crash at 8 p.m. on Sunday.  The collision happened on Air Expressway about a quarter-mile west of Village Drive.  The deputy's patrol car rearended a Honda, and that collision caused the Honda to veer into oncoming traffic where it struck a Mercedes.  Rosales was a passenger in the Honda, and the other two occupants sustained mild to moderate injuries.  The driver of the Mercedes, the sheriff's deputy and a juvenile prisoner all sustained minor injuries.  The cause of the accident is still under investigation.

See the Press Enterprise story HERE.

While this tragic accident is still under investigation, under California law there is a presumption of negligence on the part of the deputy sheriff.   Generally speaking, there is a permissible inference of negligence from the fact of a rear-end collision requiring some explanation or excuse from the driver of the rear car.   Ordinarily, in a collision in which a following motorist collides with the rear end of a vehicle ahead the happening of the accident s some evidence of negligence on the part of the following motorist.  In cases in which the rear car has collided with a stopped or stationary vehicle, the courts have applied the doctrine of res ipsa loquitur and have held that an inference arises that the collision was caused by some negligent conduct on the part of the driver of the rear car, which can be rebutted.  It is not clear from the description of the accident above whether the Honda was stopped when hit by the police cruiser, but there is at least an inference of negligence on the part of the deputy at this point.  The Rosales family and the other victims in this crash are entitled to a fair and complete investigation of the cause so the responsible party can compensate them as well as the law allows.

Compensation for the victims of preventable, rearend automobile accidents should be an important concern for everyone.  When a careless driver causes a crash and a death results,  he or she should be held accountable.   An Orange County wrongful death lawyer with experience at handling auto accident cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling auto accident cases, including those involving rearending 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 rearend 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.

Rollover Crash In Ontario Leaves Five Dead

Early this morning a horrific crash in Ontario left 5 young men dead after a rollover.  According to KTLA news, the accident reportedly happened at about 1:40 a.m. when the driver ran a red light on Haven Avenue south of Creekside Drive.  The vehicle flipped and ultimately came to rest in the backyard of a home.  One of the five occupants was ejected from the Nissan, and he was later pronounced dead at a local hospital.  The four occupants who remained the in the car during the accident were all pronounced dead at the scene.  Investigators believe that alcohol or drugs played a role in the crash.

See the KTLA news story HERE.

The cause of this tragic crash will undoubtedly be investigated thoroughly by the responsible police agency.  Unfortunately, at this moment, it would appear to be a solo vehicle accident likely resulting from the driver's intoxication or other impairment.  A late night/early morning crash without an obvious cause, especially one involving a relatively young driver, is often presumed to be the result of drug or alcohol use.  A toxicology screen on the driver and a detailed accident reconstruction will enable the investigators to make a determination of the cause.  Regardless, this accident ended the lives of 5 young men way too early, and it can only be described as heartbreaking for their families.
Compensation for the victims of automobile accidents involving intoxicated or otherwise impaired drivers should be an important concern for everyone.   When an impaired driver causes a crash and lives are lost, like the accident above, he or she should be held accountable.  An Orange County wrongful death lawyer with experience at handling pedestrian accident cases can make a fair assessment of these claims.   Mr. Ralph has more than 21 years of experience handling auto accident cases, including those caused by impaired 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.