Wednesday, February 29, 2012

Orange County Bicyclist Fatally Injured in Huntington Beach

An elderly bicyclist from Westminster was reportedly killed in a traffic accident this morning at about 11:00 a.m.  According to the Orange County Register, the victim was a 79-year-old bicyclist, and the accident occurred on Bolsa Avenue west of Able Lane in Huntington Beach.  The bicyclist was apparently riding eastbound on Bolsa when he was struck by the driver of a BMW, a 23-year-old man from Long Beach.  Following the collision, the elderly cyclist was taken to UCI Medical Center where he was pronounced dead.  No arrests of citations were issued and any witnesses are urged to call the Huntington Beach Police Department at 714-536-5670.

See the Orange County Register article HERE.

According to published statistics, bicycle and other "pedalcycles" are involved in approximately 2% of all fatal traffic accidents.  Most of the fatal accidents occur in urban areas, away from intersections, and the pedalcyclists are, on average, 41 years of age.  Interestingly, the average age of those fatally injured in such accidents has steadily increased since the year 2000.  Some people tend to forget that bicyclists are considered vehicle operators, and they are required to obey the same rules of the road as other vehicle operators, including obeying traffic signs, signals, and lane markings.  (See the National Highway Safety Administration, Traffic Safety Facts 2009)  In the case above, it remains to be seen how and why this tragic accident occurred.  Eastbound Bolsa Avenue includes three regular travel and one bike lane.  A further investigation, including the taking of witness statements, will likely aid in determining whether the accident actually occurred within the bike lane or whether the bicyclist was within one of the regular travel lanes.  Given the configuration of the roadway and the fact this was a daytime accident, it is hard to imagine how this fatal collision occurred without some neglect by either the driver or the elderly bicyclist.

Compensation for the victims of bicycle versus motor vehicle accidents caused by negligent drivers should be an important concern for all Californians.  When a driver operates their vehicle so as to cause an accident with a cyclist, they should be held accountable for the injuries and damages they cause.  An Orange County bicycle accident attorney with the necessary experience can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling Orange County vehicle accident cases, including those involving bicyclists.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

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

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

Sunday, February 26, 2012

News Anchor Bitten By Dog On Live TV

On February 8th,  a news anchor from Colorado was bitten by a rescued dog on live television.  The NBC news anchor, Kyle Dyer, was bitten in the face and later received 70 stitches and had her mouth stitched shut so that she could heal, according to Good Morning America/Yahoo News.  Since the incident, a plastic surgeon grafted skin from Dyer's lower lip to build her a new upper lip.  She has already undergone two procedures and this summer a plastic surgeon will decide whether she needs any more surgery.  The dog, an Argentine Mastiff name Maximus, spent time in quarantine at the Denver animal shelter but has since been returned to his family.


See the news story, video and photographs HERE.


Dog bites like the one captured on live television occur quite often and they often have devastating consequences.  Although Dyer has taken her unfortunate experience in stride, she has already undergone two medical procedures and may have to endure a third.  When all procedures are complete, it is still very likely she will have noticeable, permanent scarring.  What is perhaps most disturbing about the incident is that the owner of the dog was sitting right next to Dyer, with Max on a leash, when the bite occurred.  Had the bite occurred in California, the owner would be strictly liable for the injuries and damages Dyer sustained, perhaps subject to a reduction for Dyer's carelessness, if any.  Since the incident, some have criticized Dyer for the manner with which she rubbed the 85-pound dog under the chin while moving her face closer to kiss the dog.  


Compensation for the victims of serious dog attacks should be an important concern for all Californians.   When someone is bitten and seriously injured, the dog’s owner should be held accountable for all of the injuries and damages suffered.  An Orange County dog bite attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.   He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you or a family member been the victim of a serious dog bite?


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.

Tuesday, February 21, 2012

710 Freeway Accident Badly Injures Five

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.

Monday, February 20, 2012

Disneyland Security Pepper Sprays Guest

Over the weekend, Disneyland's California Adventure theme park was the site of a violent incident involving an apparently intoxicated patron and a member of Disney security.  The incident, captured on tape and available on You Tube, shows an apparently intoxicated guest (identified by KTLA news as 53-year-old Glenn Horlacher) swinging at a Disney security host and then refusing commands to get on the ground.  After being wrestled to the ground and pepper sprayed a number of times, Horlacher still refuses to comply and is eventually taken to the ground by security and other patrons at the park.  According to the news report, at least one Disney employee was transported to the hospital and treated for minor injuries.  Horlacher was reportedly cited and released.


See the KTLA news story and photograph HERE


The videotape on You Tube shows only part of the incident, but there is no doubt Horlacher should have been arrested for assault and battery when he took his first swing at the Disney security host.  After charging the Disney employee a second time and then swinging wildly while on the ground, additional crimes of assault and battery were committed.  All of this misconduct justified an arrest that should have been effectuated by Disney security.  What is perhaps more shocking than Horlacher's actions is the miserable job Disney security did handling the situation.  While some might argue the security staff was patient and did not overreact, their inaction and failure to effectively control Horlacher prolonged the incident, heightened the risk of injury to guests and park employees and ultimately led to the negative attention now being paid to the incident.  The security staff at Disney should have immediately arrested Horlacher for assault and battery and placed him in handcuffs, before quickly removing him from the public's view.  It was nothing short of negligent to handle the situation in the manner shown in the video, and fortuitous that other patrons were not injured.  At one point in the video, near the end, Horlacher is on the ground being restrained by patrons at the park and not one Disney employee.  In this context, with security and other employees already on the scene, that should never have happened.


Compensation for the victims of security misconduct should be an important concern for all Californians.  When security employees are negligent or commit intentional acts of misconduct, their employer should be held accountable and compensation paid to the victim.  An Orange County security misconduct 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  negligent or intentional misconduct by private security?


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.  

Thursday, February 16, 2012

Orange County Automobile Accidents Take Heavy Toll

A mother and her two young children were leaving Beechwood Elementary School in Fullerton when they were struck and seriously injured by a vehicle being driven by a 90-year-old driver.  According to a story in the Orange County Register, all three pedestrians, the mother and two children ages 6 and 9, were in a crosswalk when the Ford Focus ran them over at about 3:30 p.m. today.  The driver reportedly kept driving for several hundred feet before crashing her car into a tree.  Witnesses at the scene reportedly described the elderly woman as appearing groggy after the accident, and she was taken to a hospital in critical condition.  The mother and three children were also transported to a local hospital with serious injuries.  Fortunately, all are expected to survive.  

See the Orange County Register article and photographs HERE.

It is unknown whether any medical condition caused or contributed to the happening of this very tragic accident.  The witness descriptions of the elderly driver would seem to be consistent with some sort of medical problem that may have preceded the accident.  However, it is also possible the driver's groggy condition was caused by the accident itself and only a detailed investigation, that would include a driver profile, will reveal the precise cause of the accident.

If this tragedy were not enough for one day another Orange County accident took the lives of three marines early this morning in Dana Point.  That single vehicle accident, as reported by KTLA news, happened at about 2:00 a.m. when the driver lost control at the intersection of Golden Lantern and Terra Vista and slammed into a tree.  Tow of the Marines in the vehicle died at the scene and a third succumbed to his injuries while at Mission Hospital.  While a final determination has not been made, preliminary reports suggest the accident was caused by a combination of high speed and a wet roadway.

Compensation for the victims of automobile accidents caused by a negligent or reckless driver should be an important concern for all Californians. When a victim of bad driving is injured or killed, the at-fault driver should be held accountable for all of  the injuries and damages they cause. 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 of experience handling traffic 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 or killed in an automobile 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.

Saturday, February 11, 2012

Woman Killed at Victorville Intersection

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.

Wednesday, February 8, 2012

Two Automobile Accidents In Orange County Cause Serious Injuries

A traffic collision this morning on the westbound 91 freeway overturned a Hyundai Sonata and injured a female passenger in the car.  According to a story in the Orange County Register, the accident was reported at 7:40 a.m., just west of North State College Boulevard.  Citing official sources, the Register story indicated that witnesses said a Toyota 4Runner made an unsafe lane change into the carpool lane and sideswiped the Sonata, causing it to overturn and come to rest near the retaining wall.  The other three vehicles damaged at about the same were possibly involved in a chain-reaction collision arising from the rollover.  


See the Orange County Register story and photographs HERE.


Last night, at about 7:30 p.m., a female pedestrian was critically injured when she was struck during a hit-and-run accident in Orange County.  According to the KTLA news story, the incident occurred on Bolsa Avenue, just west of Beach Boulevard, in the City of Westminster.  Police are still looking for two men who fled the scene after crashing the stolen SUV, a white Lexis.  The woman was struck on the sidewalk near a bus stop, and apparently the men in the Lexis fled on foot. The paramedics rushed the woman to UC Irvine Medical Center where she was listed in critical but stable condition.
See the KTLA story and photos HERE.


Automobile accidents like the ones above are unfortunately all too common.  Aside from issues of fault and recovery from the injuries sustained, nearly all cases of this type are impacted dramatically by the insurance policies, or lack thereof, of the parties involved.  For example, when the owner of a vehicle is injured in an accident, but he or she had no insurance on their car at the time, they are not entitled under California law to recover compensation for their pain and suffering.  Generally, the only valid claim they possess against the at-fault party is one for the economic losses sustained, medical expenses and lost wages.  Another scenario that is often present when an automobile accident occurs is a case in which the only applicable policy limits are inadequate to fully compensate the injured party for all of the injuries and damages sustained.  For example, in a recent accident in Orange County, a young driver turned left into the path of an oncoming vehicle occupied by three women, one of whom was very badly injured.  The worst injured passenger sustained an open (compound) fracture of the right arm for which surgery had to be performed.  The medical expenses related to the surgery totaled more than $60,000.00, but the young driver's policy had a $25,000.00 limit.  In the absence of other applicable insurance or the young driver having substantial personal assets (which was not the case), the badly injured passenger will unfortunately go without full compensation.


Compensation for the victims of automobile accidents caused by a careless or reckless driver should be an important concern for all Californians. When a party without fault is badly injured, the at-fault driver should each be held accountable for the injuries and damages they cause. 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 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 automobile 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.

Tuesday, February 7, 2012

Three Orange County Accidents Leave Two Dead

A pair of unrelated traffic accidents in Santa Ana on Monday evening left one man dead and a 13-year-old girl on a bicycle seriously injured.  The first incident was reported at about 7:00 p.m., when a van traveling eastbound in the 1600 block of 1st Street struck a man crossing the roadway, according to an article in the Orange County Register.  The unidentified pedestrian was pronounced dead at the scene.  The driver of the vehicle remained at the scene, but law enforcement has yet to make a a determination of fault for the tragic accident.  According to the news report,  the pedestrian was not walking in a marked crosswalk and alcohol was not believed to have been a factor.  The second incident occurred at the West Warner Avenue and South Greenville Street intersection when a girl riding her bicycle through a crosswalk was struck by an unidentified vehicle, described only as a "small car".  The driver apparently fled the scene before law enforcement arrived.  The girl was reportedly taken to a hospital with significant injuries, and authorities are asking anyone with information to call the Santa Ana Police Department at 714-245-8701.


See the Orange County Register article HERE.


In another reported accident, this one in Seal Beach, a pedestrian was left dead after she was struck by a vehicle while crossing Pacific Coast Highway north of Anderson Street.  The woman,  Holly Barish-Sablich, who turned 22 on Wednesday, was pronounced dead at the scene, according to the report by the Orange County Register.  The crash was reported just before 9:00 p.m. on Sunday, and witnesses reported Barish-Sabich was in the process of crossing PCH outside of a sidewalk or controlled intersection when the incident occurred.  In spite of life saving measures having been performed by paramedics, this young woman was pronounced dead at the scene.  The multi-agency law enforcement team investigating the tragic accident is asking for the public's help and anyone who witnessed the accident should call investigator Jeff Gibson at 562-799-4100, ext. 1641.


The cause of these tragic accidents has yet to be fully determined.  These pedestrian/bicycle accidents all raise the issue of driver attention.  Even assuming the pedestrians were crossing the street outside of a marked cross and/or away from an intersection, drivers are still obligated to keep a reasonable lookout for people crossing the street on foot or on a bicycle.  All of these recent accidents happened while it was dark and an assessment of visibility and speed will have to be accomplished to determine fault.  Assuming that headlights were in operation on all of the vehicles involved, it must be determined whether those lights illuminated the roadway for a sufficient distance for the drivers to have seen the pedestrians/bicyclist in sufficient time to have had an opportunity to avoid the accident.  Generally, if an impending danger can be seen more than 1.5 to 2 seconds before an impact, a driver is expected to have sufficient "perception-reaction" time to take evasive action.  When an accident involving shared responsibility occurs, when more than one party has been negligent, a civl jury is often called upon to determine the respective fault of the parties.


Compensation for the victims of automobile accidents caused by a driver's inattention should be an important concern for all Californians. When the parties to an accident share the responsibility for its occurrence, they should each 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 involving shared responsibility?


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.