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.
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