Sunday, January 15, 2012

Orange County Family Badly Injured In Rear-End Accident

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.

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