Last Wednesday, a solo traffic accident involving a 19-year-old driver in Valley Village resulted in the tragic deaths of two women who had come to the driver's aid. According to news reports, the driver of a white SUV, traveling at perhaps an excessive speed, lost control of his vehicle and crashed into a fire hydrant and light pole, knocking it to the ground. The wire from the pole apparently electrified the pooling water around the accident scene, unbeknownst to a number of rescuers and bystanders. When two women, Stacey Schreiber (39) and Irma Zamora (40) approached the SUV and stepped into the water, they were electrocuted and dropped to the ground instantly. A number of other bystanders were injured by the electricity when they approached. Schreiber and Zamora were eventually removed from the water by firefighters, and sadly both died shortly after being transported to a local hospital.
The precise cause of the crash has yet to be determined, but preliminary reports suggest excessive speed on the part of the SUV driver was at least a contributing factor. This incredibly tragic story not only evokes sympathy for the victims and their families, it raises important legal questions. Perhaps one of the most interesting questions is one of liability. Should the driver of the white SUV be liable for the two deaths and the injuries sustained by rescuers if it is shown he was negligent in causing the accident? Under California law, there is little doubt a firefighter or police officer would be precluded from recovery against the driver since they assume the risk of such injury by virtue of their jobs. However, private rescuers (such as Schreiber and Zamora) and their families may recover if it can be shown they did not act rashly or recklessly during their rescue efforts. Here, the electrified water was a danger not readily apparent to bystanders as evidenced by the number of people who were electrocuted so it would seem none of the rescuers (particularly Schreiber and Zamora) acted in a rash or reckless manner in trying to come to the aid of the SUV driver. It appears the rescue doctrine would permit a recovery under these circumstances.
Compensation for rescuers and their families should be an important concern for all Californians. When a private person comes to the aid of a negligent driver and is injured or killed as a result, the one who carelessly caused the accident should be held accountable. An Orange County injury lawyer with experience at handling traffic collision and rescue cases can make a fair assessment of these claims. Mr. Ralph has more than 21 years of experience handling automobile accident cases, including those raising legal issues like the one above. He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a family member been injured or killed while rescuing someone following an avoidable 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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