LA County Judge Claims Excessive Police Force

A Los Angeles County Superior Court Judge, David S. Cunningham, III, claims UCLA police used excessive force Saturday morning after he was stopped for a traffic violation.  According to NBC News, Judge Cunningham claims he was pushed against a patrol car, handcuffed and told he was under arrest for what ultimately amounted to a seatbelt violation.   UCLA's Police Department has acknowledged the judge was indeed stopped and a complaint has been filed.  This incident reportedly occurred after Cunningham was  stopped on Gayley Avenue just after leaving the parking lot of the Westwood LA Fitness.  

What To Do After You Have Been the Victim of Excessive Force

In most instances of police or security misconduct, in which excessive force was used, it is best for the victim to do everything they can not to escalate the situation and run the risk of suffering even more severe injuries.  Many people being apprehended by the police or private security officers believe they are innocent of any crime, and this prompts them to resist.  It is almost always a bad idea to try and overcome the force being used to effect an arrest, even an unlawful one.  Resisting a police officer in the performance of their duty (even if the initial stop is unwarranted) can lead to additional, criminal charges.  The best course generally is to express yourself calmly, and let it be known to those around you that you believe you are being victimized.

Because of "dash cams", cell phone videos and store surveillance footage, many instances of excessive force are recorded.  In the case above, for example, it may well be that the dash cam on the UCLA police cruiser captured at least some of the incident.  If excessive force was used, it will be very difficult for the police officers to overcome such evidence.  Since you as the victim may not know initially if the incident was recorded, it is always a good idea to photograph any visible injuries at the first opportunity.  Police and security officers may only use that force reasonably necessary to effect an arrest, and no more.  Sometimes excessive force is coupled with an unlawful arrest, and in those instances it is best to immediately seek the consult of a criminal defense lawyer as well as one who handles civil rights cases.

If you or a loved one is injured by what you believe was excessive force, an injury attorney with experience at handling such matters can often protect your rights and obtain compensation for your injuries and damages.

SOURCE:  Judge Files Complaint Against UCLA Police for Excessive Force, KNBC News, November 25, 2013, by Patrick Healy and Andrew Lopez

Fatal Crash on Santa Ana Street - Suspected DUI Driver Arrested

Early Thursday morning one person was killed and four others were hospitalized after a suspected DUI crash in Orange County.  According to KTLA News, the collision happened at about 1:15 a.m. when the driver of a Honda, traveling at a high rate of speed, lost control and hit a fence and utility pole on North Fairview Street.  A male passenger in the car, 23 years old, died as a result of the impact, and the other three passengers were all in critical condition.  The driver of the Honda, 20-year-old Ulises Mendoza, was taken to the hospital with minor injuries and was later booked into the Santa Ana jail on charges ranging from gross vehicular manslaughter to DUI under the age of 21.

What You Should Do After an Injury Auto Accident

The accident above is an unfortunate reminder that no matter how many times collisions like this are reported in the media, there are those drivers who will get behind the wheel while intoxicated.  If you are the victim in such an accident, you have rights, and those include the right to be compensated for your injuries and damages.  One way to make sure you have done everything you can to protect yourself is to contact a personal injury attorney.  An experienced attorney will have the ability to: obtain the Traffic Collision Report, interview witnesses, inspect the scene, gather medical records/bills, gather wage loss information and present the necessary paperwork to the adverse insurance company for consideration.

Not all claims can be settled short of litigation, so it is important to be represented by an attorney who has spent considerable time in court and who knows the litigation process.  Filing the lawsuit is just the beginning, and civil cases can involve years of written discovery and depositions.  While the vast majority of cases settle prior to trial, every case's value is affected by the pre-trial litigation process.  This fact makes it that much more important to retain a seasoned attorney who can carefully navigate through the process to bring you the optimal result.

if you or a loved one has been the victim in a serious automobile accident, an Orange County injury attorney with more than 22 years of experience can help.

SOURCE:  Driver Charged With DUI After Santa Ana Crash That Killed 1, Injured 4, KTLA News, November 22, 2013, by John A. Moreno

What To Do After a Hit-and-Run Accident

Early Sunday a hit-and-run driver caused a head-on crash in Newport Beach that injured six people, three of them critically.  According to ABC News, the collision happened on Pacific Coast Highway and Newport Boulevard around midnight when a vehicle traveling northbound on PCH reportedly crossed over the center line and crashed head-on into a car coming the opposite direction.  Police believe one of the drivers may have been driving while under the influence, according to the ABC story.  Three of the people injured in the southbound vehicle were taken to a local hospital in critical condition.  The police are still trying o locate the driver who caused the crash.

What to Do When You're Involved in a Hit-and-Run Crash

Collisions like the one above happen all too frequently, and they often remain unsolved for a number of weeks if not months.  If you are involved in such an accident, there are certain things you can do to protect yourself and best ensure you ultimately receive compensation for the injuries and damages caused by a hit-and-run driver.  First, the accident should be reported immediately to the police, and you should avoid getting involved in any sort of chase with the driver.  Second, every bit of evidence at the scene should be documented in photographs to the extent possible.  This should include photos of the point of rest of your vehicle, damage to your car and any evidence left at the scene (such as debris) by the hit-and-run driver.  It is extremely important to avoid disturbing any of the evidence as the police will also want to photograph or at least document the location of debris.  One issue that almost invariably comes up is that of paint transfers.  If you have the ability to inspect your vehicle at the scene, you should look for any paint on the bumper or fenders that may have been transferred from the hit-and-run driver's car.  That evidence should be carefully photographed, without disturbing its condition.  Finally, cooperating to the extent possible with law enforcement may very well help identify the adverse driver and ensure their arrest and identification for insurance purposes.

Beyond the steps above, it is important to report the accident promptly to your own insurance carrier. This is important for a number of reasons, not the least of which is that there are certain insurance policy/legal limitations on the amount of time within which you have to report a hit-and-run accident.  Also, if there driver is never identified or they do not have auto accident insurance, your claim for injuries and damages may have to presented to your own insurance carrier as an "uninsured motorist" claim.  Drivers who are not identified are considered uninsured pursuant to most automobile insurance policies.

If you or a loved one is involved in a hit-and-run accident, you should contact an experienced injury attorney to assist you with getting through the maze of paperwork and claims requirements in order to secure your right to compensation for any injuries or damages sustained.

SOURCE:  Pacific Coast Highway hit-and-run crash leaves 6 injured, KABC News, November 17, 2013, by KABC News, Orange County News

Whittier Truck Crash Leaves Car Driver Seriously Injured

A truck driver making a u-turn at the bottom of a freeway exit in Whittier apparently caused an accident early this morning, resulting in serious injuries.  According to KTLA News, citing official sources, the big rig driver made an illegal u-turn at about 1:15 a.m., and the driver of a Dodge Challenger was unable to avoid hitting the trailer, ripping the roof off of the car.   The truck driver then went back onto the freeway and kept going, at least until he was stopped and arrested by deputies from the Los Angeles County Sheriff's Department.  The driver of the Dodge was hospitalized in serious condition as a result of the collision.  

Scene of the Accident and Determining Fault

The stretch of Pioneer Boulevard where the accident occurred is in a residential neighborhood, and the only traffic control device at the 605 freeway exit is a stop sign for those leaving the freeway.  Consequently, the truck driver was obligated to enter Pioneer Boulevard only when it was safe to do so, and the driver of the Dodge would likely have had the right-of-way.  The speed of the Dodge will be a factor in reconstructing the accident and determining fault. The speed limit in the area is 35 mph, and given the damage to the car it stands to reason the driver was traveling at or near the limit.  Apart from the speed of the Dodge, there will also be an issue as to headlight usage on both vehicles and whether the injured driver should have been able able to see the truck in time to avoid the collision.   The truck driver's flight from the scene would suggest he was conscious of the fact he was at fault for the accident and evidence of flight can be used to prove "consciousness of guilt."

What to Do After an Injury Accident

After an injury accident that wasn't your fault, while it certainly won't the first thing on your mind, evidence gathering is one of the most important things you can do to protect your right to compensation.  Nearly everyone has a cell phone camera that can be perhaps the most useful tool in these situations.   If at all possible, you would want to document not only the damage to the vehicles but their points of rest after the collision.  In addition, taking pictures should assist in establishing the lighting conditions that existed at the time.  Also, taking pictures of the interior of your vehicle may help to establish the severity of the impact, seatbelt usage and air bag deployment.  Once those pictures are taken, they should be preserved not only on the cell phone but also in a hard copy and in an e-mail, so as to greatly lessen the chances the evidence will be lost or destroyed.

If you or a loved one has been injured in an automobile accident, contacting an Orange County car accident attorney may be the best way to ensure your right to compensation will be vigorously pursued and protected.

SOURCE:  Roof of Car Cut off When it Collides with Big Rig on 605 Freeway in Whittier, KTLA News, November 11, 2013, by Ann Pride

Worker Run Over by Suspected Drunk Driver Near Airport

Early this morning a suspected drunk driver struck and badly injured a construction worker along a southland roadway.  According to KTLA news, the incident happened in the Sepulveda Boulevard tunnel near LAX at about 5:00 a.m.  The victim, a contract worker for Caltrans, was hit by a white pickup truck and suffered multiple injuries, including broken broken bones.  The injured worker had to be rushed to the hospital for emergency medical treatment.  The driver of the truck, identified as 30-year-old Devin Scott Enderle, was arrested at the scene and is being held on $100,000.00 bail.  

Legal Issues Arising from the Accident

Aside from the criminal case brought against the truck driver, an accident like the one above also raises a number of potential civil claims.  For example, since it appears the victim was working at the time of the incident, he will likely need to bring a worker's compensation claim in order to b compensated for his lost time from work and any disability resulting from the accident.  Under the California workers' compensation system, typically the only issues in a case like this are whether the accident happened in the course and scope of the victim's employment and then determining the permanent disability (if any) the worker suffered as a result of the incident.  Under the workers' compensation system, an injured employee is not entitled to compensation for pain and suffering arising from a work-related accident.  Compensation for those damages must be obtained through a civil lawsuit brought against the responsible party.  In this context, that lawsuit is generally described as a "thrid party" claim.

In a third party claim, both the injured employee and their employer's workers' compensation insurance carrier are entitled to seek compensation and reimbursement from the negligent party.  In general, the employee will seek damages for pain and suffering while the insurance carrier will seek reimbursement for disability and medical payments paid to the injured employee.  For example, if the carrier paid benefits of $50,000.00 as a result of the incident then they would be entitled to that amount (less certain deductions set by statute), and the employee would be compensated for their pain and suffering.  While resolution of these cases can be quite complicated (depending on such things as policy limits, employer neglect, etc.), they are generally well worth pursuing for the injured employee who would otherwise be left with no compensation for the pain and suffering they endured.  Lost wages and medical expenses are very important, but they are only two of the components that make up any personal injury case.

If you or a loved one has been injured in an accident, representation by an experienced Orange County personal injury attorney can help with obtaining all of the compensation to which the victim is entitled.

SOURCE:  Suspected Drunk Driver in Custody After Worker Struck Near LAX, KTLA News, Local News, November 7, 2013, by Ann Pride

Bus Accidents - Dangerous and Distracted Drivers

An uncover investigation by KNBC News has revealed confirmation that distracted bus drivers present a very real and common threat to bus passengers and every motorist on the highway.  According to the news report, over the course of three months, KNBC News followed twenty-five buses from six different tour companies and found repeated acts of distracted driving and speeding.  Because of these and other factors, this year has been the very worst in terms of tour bus accidents on California highways.

Distracted Bus Drivers

Perhaps most shocking is the fact that distracted driving appears to be the number one cause of bus accidents.  In spite of Federal and State laws prohibiting hand-held cell phone use while driving, bus drivers do not refrain from such dangerous driving.  In fact, the KNBC investigative news team had no trouble finding multiple bus drivers using their hand-held phones while behind the wheel.  In one instance, the driver was so distracted by his call he actually ran a red light, something that was captured on video.

Speeding Bus Drivers

Behind distracted driving, speeding is cited in the the news story as the number two cause of bus accidents.  In the story, the news team was able to document with a laser gun one bus driver traveling at 93 miles per hour in a 65 mph zone.  In fact, of the twenty-five buses followed, the undercover investigators were able to catch twenty-four of them speeding.  According to a representative from the Advocates for Highway and Auto Safety in Washington, D.C., speed is a contributing cause in about one-third of all bus crashes.

If you have been injured or a loved one killed in a bus accident, contacting a bus accident attorney with experience at handling such claims is an important first step toward obtaining compensation for the injuries and damages sustained.

SOURCE:  Caught on Camera: Tour Bus Drivers Text, Speed and Put Lives at Risk, KNBC News, November 5, 2013, by Joel Grover and Chris Henao

Crash on Northbound 110 Leaves 2 Dead, 3 Critically Injured

A Nissan Sentra crashed along the northbound 110 Freeway early this morning, killing two occupants and injuring three others, including the driver.   According to KTLA News, the accident happened in Highland Park at about 2:00 a.m. when the Sentra crashed into a chain-link fence and a tree near Avenue 52.  The collision was so violent that the victims had to be cut from the wreckage by emergency workers.  The five occupants ranged in ages from 22 to 23 years old, and the two who died were pronounced at the scene.  The driver of the Sentra was taken to County USC Medical Center in critical condition and was subsequently arrested on suspicion while driving under the influence.  The other two survivors were also listed in critical condition at a local hospital.

Who to Talk to After an Accident

Typically, if you have been injured in motor vehicle accident and the police respond to the scene you will be asked questions about the how and why of the accident.  Additionally, if you are able to respond, you will be asked about any injuries  sustained in the collision.  It is perfectly fine to respond to an officer's questions, and in fact you have a legal duty not to interfere with a police officer in the course of his investigation.  However, shortly after the accident you may also be contacted by the insurance carrier for the driver of the vehicle causing the crash, and your cooperation with them is not legally required.  Adjusters will often inform victims, from whom they are trying to take a recorded statement, that their claim file will be closed if they do not cooperate.  This is just a trick, and the "closing" of an insurance claim file (if it were to truly happen) has no impact on your right to pursue a claim and/or a lawsuit in the future.  Cooperating with your own insurance company is generally required by your contract of insurance, but the same is not true for the insurance company of the at-fault driver.

When to Give a Recorded Statement

In general, it is not a good idea to give a recorded statement to an insurance adjuster unless and until you are sure about the circumstances surrounding the accident and what injuries you have sustained.  It is not uncommon for the victim of an auto accident to feel fine for the first day or two after an accident, only to learn later they have a serious neck or back injury.  Also, it should be kept in mind that the insurance company has an interest in minimizing your injuries and the value of your claim.  Their loyalty lies with the insurance carrier and their insured.  Consequently, it is often a good idea to retain an attorney before giving a recorded statement so they can ensure the questioning is fair.  Under circumstances, a recorded statement may not be productive when it is clear from the outset that a lawsuit will have to be filed to obtain compensation.

If you or a lover one have been seriously injures in an automobile accident, contacting a personal injury attorney before giving a recorded statement may be in your best interests, and may help to protect your right to compensation in the future.

SOURCE:  2 Killed, 3 Injured in Crash on 110 Freeway; Driver Facing DUI Charge, KTLA News, November 3, 2013, by Ann Pride

Toning Shoes and the Risk of Injury

If you are considering a purchase or have already purchased a pair of toning shoes with a rocker bottom, you may also want to consider the risks those shoes present.  By design, the shoes are unstable and can lead to falls.  The shoes are intended to "force you to balance" on them so you use extra effort.  According to some of the manufacturers' own advertising, the shoes are "awkward at first".  In spite of this, these shoes are generally sold without any warning and consumers are only told the shoes will make them "healthier" and "more attractive."

The Advertising Claims

One of the leading manufacturers of toning shoes is Skechers, and their Shape-ups shoes have proven to be immensely popular.  The Shape-ups were introduced in 2009, and their sales skyrocketed quickly.  In their advertising, Skechers claimed, among other things, that you could get a "great workout without having to go to the gym", just by wearing the shoes.  In 2012, the Federal Trade Commission took a close look at the Skechers' advertising campaign and the support the company had to make such claims.  What the FTC alleged was that the claimed health benefits were unfounded and the advertising misled consumers.  The FTC action against Skechers was ultimately resolved when the company agreed to pay a $40 million dollar fine.

What If You Have a Fall

If you have been injured in a fall caused by unstable toning shoes, you may have a valid claim against the manufacturer.  For example, in one case being handled by this office, it has been alleged that an elderly woman was caused to fall by a combination of an unsafe handicap ramp and Skechers Shape-ups, resulting in injuries to her neck, back, shoulder and arm.  If an unstable pair of shoes causes or contributes to the happening of a fall and injuries, a product liability action can be pursued to recover compensation for the injuries and other damages sustained.

if you or a loved one have been injured because of unstable toning shoes, you may want to seek a free consultation with a products liability attorney to find out whether a case against the manufacturer can be pursued.

Orange County Hit-and-Run: Bicyclist Killed in Anaheim

A hit-and-run driver struck a bicyclist in Anaheim early this morning, resulting in the rider's death.  According to KTLA News, the accident happened on Orangethorpe Avenue near the intersection with Lemon Street at about 5:40 a.m.  The preliminary investigation by the Anaheim Police Department suggests the bicyclist was hit by one car and either thrown or dragged for some distance before being hit a second time by a driver who remained at the scene.  At present, no information could be provided regarding the make or model of the car driven by the hit-and-run driver.  Anyone with information should immediately contact the  Anaheim Police Department at 714-765-1900.

Scene of the Accident

The stretch of Orangethorpe Avenue in Anaheim where the accident occurred is flat, straight and there do not appear to be any visual obstructions for drivers on that roadway.   This accident occurred in the early morning hours while it was still dark outside so visibility and lighting (street lights and vehicle headlights) will be an issue in terms of reconstructing the accident.  In addition, the speed of the hit-and-run vehicle will play a role in determining fault.

City of Anaheim

In terms of cities with a similar population, Anaheim is one of the most dangerous when it comes to total injury and fatal accidents, according to the California Office of Traffic Safety.  However, Anaheim is the safest of the 13 cities of similar population when it comes to injury and fatal hit-and-run accidents, having only recorded 17 such accidents in 2010.

If you have been injured or a family member has been killed in a hit-and-run accident in Orange County, contacting an experienced auto accident attorney is likely the best way to find out more about your right to compensation for any injuries and damages sustained.

SOURCE:  Bicyclist Killed in Anaheim Hit-and-Run; Driver Sought, KTLA News, Local News, October 29, 2013, by Anthony Kurzweil

Elderly Man in Wheelchair Fatally Injured in LB Accident

An elderly man in a wheelchair was killed early this morning when he was struck by a car in Long Beach.  According to the Press Telegram, the accident happened near the intersection of Orange and Alamitos Avenues.  The victim has been identified as Bong Kim, 72 years old, of Long Beach, and police have indicated he entered Alamitos Avenue while attempting to cross the street.  Reportedly, Kim entered the roadway suddenly from a driveway at about 6:45 a.m. when he was hit.  Kim was transported to the hospital, but he eventually succumbed to his injuries while there.  Anyone with information regarding this incident is should contact Long Beach Collision Investigation Detective Richard Birdsall, at 562-570-7355.  If you wish to remain anonymous you may call 1-800-222-TIPS (8477), or text TIPLA plus your tip to 274637 (CRIMES), or visit www.LACrimeStoppers.org.

Scene and Cause of the Accident

The stretch of roadway where the accident occurred is generally in a residential area, although it also appears to be located very near Pacific Coast College.  Given the number of houses in the area and the location of the college campus, it would seem drivers should be on the lookout for people crossing the street in this area.  However, it is unknown exactly where Kim entered the roadway and whether that location was within the unmarked crosswalk at the intersection of Orange and Alamitos.  Identifying the precise point of impact will be very important in terms of how responsibility for the accident is determined.  Also, given accident happened while it was still dark outside, the color of Kim's clothes and the use of headlights by the vehicle driver will likewise impact how fault for the accident is decided.

If you or a loved one is involved in an auto accident that was not your fault, contacting a personal injury attorney with experience handling such cases is perhaps the most important step toward obtaining compensation for any injuries or damages sustained.

SOURCE:  Man in wheelchair killed in Long Beach collision, the Long Beach Press Telegram, October 29, 2013

La Habra Hit-and-Run Leaves One Dead, One Hospitalized

Friday night at about 9:00 p.m. one pedestrian was killed and another was hospitalized after being struck by a Cadillac in La Habra.  According to KABC News, the incident occurred at the intersection of Whittier Boulevard and Koopmans Way while both victims were crossing the street in a marked crosswalk.  Immediately following the accident, the two victims were transported to the hospital where one eventually died from her injuries.   The driver of the Cadillac sedan, identified as 20-year-old Caroline Kim of Hacienda Heights, was chased for some time by police before finally crashing into a parked car and being arrested.  

Scene of the Hit-and-Run

The intersection where the pedestrian accident occurred is somewhat atypical in that it is not a traditional four-way stop.  There are, however, plenty of streetlights in the area, and the presence of a shopping center and restaurants should alert drivers to the fact there could be pedestrians crossing the street.  The speed limit in the area is 40 miles per hour so, if a driver is operating their headlights and obeying that limit, they should have ample time to see a pedestrian crossing the street in front of them.

La Habra Accidents

According to the California Office of Traffic Safety, the City of La Habra ranks fairly high in terms of fatal and injury accidents.  In fact, of the 103 cities of a similar size by population, La Habra ranks 7th, which means only 6 other cities are more dangerous in terms of injury and fatal motor vehicle accidents.  La Habra ranks 22nd in terms of hit-and-run accidents.

If you or a loved one has been the victim in a hit-and-run accident, contacting an experienced automobile accident attorney might just be the best way to find out about your right to compensation for any injuries or damages sustained.

SOURCE:  Pedestrian dies in La Habra hit-and-run; driver arrested after chase, KABC News, Orange County News, October 26, 2013

San Clemente Freeway Accident Injures 9, including 2 Small Children

Yesterday afternoon at about 1:00 p.m. nine people were injured in an accident involving a semi-truck on an Orange County freeway.  According to KABC News, the collision occurred on the southbound Interstate 5 at Camino de Estrella in San Clemente when a tractor-trailer combination traveling northbound skidded across lanes and through the center divider and hit at least six cars in the process.   Eight people, including two children ages 1 and 3, suffered moderate injuries and were taken to area hospitals.  One other victim sustained minor injuries.  The California Highway Patrol is still investigating the cause of the accident.

Truck Accidents

What the case above demonstrates is just how important it is to wear a seatbelt at all times and to be keenly aware of your surroundings.  When a tractor-trailer combination goes out of control, those motorists behind the wheel of ordinary passenger cars do not have much of a chance of coming out of an accident unhurt.  Because of their weight and the speeds they can travel, semi-trucks present a particularly dangerous threat on freeways.  You might not expect a passenger car to strike and then travel though a center median, but a semi-truck can do that easily.

San Clemente Accident Rates

Overall, the City of San Clemente is relatively safe when it comes to motor vehicle accidents.  When compared to cities of similar size in terms of population, San Clemente ranks 86th out of 103 in terms of injury and fatal accidents, according to the California Office of Traffic Safety.  However, with regard to alcohol-related collisions, the city ranks 13th when compared to other cities with a similar population. 

If you or a loved one has been involved in an Orange County truck accident, contacting an injury attorney with experience at handling such cases is perhaps the best way to begin investigating your claim.

SOURCE:  San Clemente crash involving semi injures 9 on Interstate 5, KABC News, Orange County News, October 24, 2013

Rear-end Crash in Fontana Results in 3 Fatalities

A horrific rear-end crash on Monday night in Fontana has left a couple and their young child dead.  According to KABC News, the accident happened at about 8:30 p.m. at the intersection of Citrus Avenue and Foothill Boulevard.  The victims, Shawn Michael Scott, 33, Helen Terry Amaya, also 33, and their 2-year-old daughter, Joleen, were killed when their car was struck from behind by a speeding truck and pushed out into the intersection, resulting in a cross-traffic collision.  Witnesses described the impact as sounding like a bomb went off.  The driver of the truck, identified only as a 24-year-old, suffered a broken ankle and his passenger sustained a broken leg.  He has not yet been charged or arrested in connection with the accident.  Fontana police say the 24-year-old driver who ran the red light has been interviewed but not arrested. That driver's identity was not released. Authorities say the driver broke his ankle in the crash, and his passenger sustained a broken leg.  Amaya's family members have started a fund for collection of funeral and burial expenses, and donations can be made at www.gofundme.com.

Rear-end Accidents and Liability

In California, there is a presumption of negligence against the driver of any vehicle who strikes a vehicle ahead.  It is presumed the driver was traveling at a speed unsafe for the conditions since they were obviously unable to stop in time to avoid the impact with the car ahead.  In the accident above, not only did the red truck strike a stopped vehicle but, according to the news report, the truck was captured in a video traveling at a high rate of speed just before the tragic collision.  Certainly, the driver the vehicle stopped at the light cannot be blamed, even in part, for what happened.  It will be very interesting to see whether alcohol or drugs or both played a role in the happening of the accident.

Pomona Traffic Accidents

According to the California Office of Traffic Safety, the City of Fontana ranks above average for cities of that size in terms of overall injury and fatal accidents.  The same is also true for nighttime accidents, Fontana ranks 40th out of 53 cities, which means only 13 cities have a better rate of nighttime accidents.  The accident above occurred at night, although fairly early as opposed to one at or near the time people would be expected to leave bars and nightclubs.  Given the age of the truck's driver, 24, there is the distinct possibility that driver impairment played some role in the accident.  According to the Centers for Disease Control and Prevention, drivers in the 21 to 24 year-old age range are in the highest risk group when it comes to driving while impaired.

SOURCE:  Fontana crash: Video shows speeding truck in crash that killed family, KABC News, Inland Empire News, October 22, 2013, by Marc Brown, Christina Salvo and Rob McMillan

Researching Your Doctor: What You Should Know

An Orange County doctor, Alvin Yee, M.D., has been sentenced in federal court to serve no more than 11 years in prison for selling prescriptions to "patients" he would meet in coffee shops.  According to ABC News, Dr. Yee had been captured on video meeting with patients at coffee houses and fast food restaurants throughout the county selling prescription for dangerous narcotic medications such as OxyContin, Xanax and other addictive drugs.  At least two of the patients, both in their early 20s, overdosed and died after receiving prescriptions from Yee.   The investigation into his activities began in September of 2010 and ended after he sold a prescription to an uncover officer.

Protecting Yourself from Malpractice 

In the case above, the patients obviously had some role in their own mistreatment, and most people would recognize that a physician writing prescriptions at a fast food restaurant or a coffee shop is not likely providing competent care.  However, if you are a legitimate patient, how do you find out important background information regarding your doctor?  For example, if you were looking for a doctor to perform an orthopedic procedure you would certainly want to know if that doctor is at least board certified as an orthopedic surgeon.   But beyond verifying board certification, there are other steps you can take that, while not full proof, may give you additional assurance your doctor is competent.

Resources to Consider

First, you should at least consider the California Medical Board's website to see what the doctor's background looks like (i.e., years in practice, medical school attended, history of discipline, etc.).  As mentioned in earlier blogs, the Medical Board's history of investigating and disciplining bad doctors leaves a lot to be desired so that resource alone is likely not enough.  In Orange County, you may also want to visit the Superior Court's website to see what lawsuits have been filed against a particular doctor.  That system is also not one without flaws, but it sometimes will provide very useful information about a doctor's history of malpractice lawsuits.  Finally, just simply trying a Google search, which may lead to patient reviews and other sites such as Healthgrades,  which specifically focus on providing information regarding doctors and other health care professionals.

if you or a loved one have been the victim of medical malpractice, consulting with an experienced malpractice attorney is perhaps the best way to find out whether your case is one that can be successfully pursued.

SOURCE:  Exclusive: Doctor sentenced for prescribing drugs in coffee shops, ABC News, Orange County News, October 17, 2013, by Eileen Frere

Weight Loss Surgery - Are You a High Risk Patient?

A recent study has demonstrated that the factors potentially leading to a bad outcome after weight loss surgery are actually quite different than once believed.  The results of the study, described in a NBC News story, suggest that factors such as having Type II diabetes and patient age are more closely connected to a heightened risk of death following bariatric surgery.  It was once believed that a patient's (BMI) was the best predictor of the outcome of weight loss surgery.  With the results of this new study, doctors should now inform their weight loss surgery patients whether they are at an increased risk for complications because one or both of the risk factors above are present.

Bariatric Surgery Risks and Informed Consent

Weight loss surgery generally involves a procedure in which the size of the stomach is altered or the small intestine is changed in such a way so as to minimize the amount of food and calorie absorption a patient experiences after eating.  One particularly popular surgery being performed today is the adjustable gastric banding (commonly known as a Lap-Band procedure).  In that procedure, an inflatable ring or band (filled with saline) is placed around the stomach to limit intake.  The band is periodically filled after surgery to lessen the amount of food a patient can or wants to eat.  However, this procedure carries with it certain risks, such as band slippage which can prove fatal.  Even more troubling is the fact the slipping of the band can occur long after the surgery was performed, and that may then compromise blood flow to the stomach causing it to break down and die.  

While weight loss surgery can save lives, the risks of the procedure must be fully understood by the patient before they can meaningfully consent to the surgery.  As referred to above, patients should be told if they are at an increased risk of death following surgery, because they have Type II diabetes or their age places them in a higher risk category.  Under California law, a doctor may be found negligent if he or she performs surgery without first obtaining "informed consent."  In such a case, the patient must prove that a reasonable person in their position would not have agreed to the procedure if he or she had been fully informed of the results and risks of and alternatives to the procedure.  In the case of bariatric surgery, there is a great deal of advertising and promotion suggesting the surgery works, and very little attention is paid to the risks.

If you or a loved one has been the victim of medical malpractice, contacting an experienced malpractice attorney is likely the best way to find out whether you may be entitled to compensation.

SOURCE:  New Weight-Loss Surgery Risks Uncovered, NBC News, Southern California, October 17, 2013

Orange County Auto Accidents Leave Three Dead

KABC News, a violent crash on Sunday in Dana Point resulted in the deaths of two people and injuries to three others.  The accident happened on Coast Highway at about 1:30 p.m. on Sunday.  The second collision reported occurred in Santa Ana, and it tragically took the life of a six year-old boy and also caused serious injuries to his grandmother.

Dana Point Crash

In the Dana Point accident, four vehicles were involved and it appears this was a head-on collision probably caused by an unsafe passing maneuver.  One of the vehicles involved, a Volkswagen Jetta, was reportedly split in half as a result of the impact and both occupants, a 43-year-old man and a 32-year-old woman, were killed.  From the news report, it appears the Jetta may have been making some sort of passing maneuver around a Mini Cooper with a 15-year-old student driver behind the wheel.

Santa Ana Collision

In the second accident, a 6-year-old boy was walking to school with his grandmother near Ramona Drive and Central Avenue around 8 a.m.  While within a crosswalk, the boy and his mother were struck by a Ford F-150 pickup being driven by a 17-year-old driver.  The small boy suffered major head trauma and ultimately succumbed to his injuries at a local hospital.  The grandmother sustained a broken arm and much less severe head injuries.

Teen Drivers and Accidents

It is an unfortunate reality that teen drivers present a more substantial risk of being involved in an accident when compared to more mature drivers. According to the Centers for Disease Control and Prevention, motor vehicle accidents are the leading cause of death for teens.  The risk of being involved in an accident is particularly high for newly licensed drivers and male drivers in this age group.  In the accidents above, it is possible that inexperience behind the wheel may have caused or at least contributed to the tragic Santa Ana collision.  While the precise cause of both accidents is still under investigation, the inexperience of the student driver in the Dana Point accident may have some how played a role in that horrific crash.

If you or a loved one have been involved in an Orange County auto accident, contacting an injury attorney with experience at handling such cases could be the most important step toward obtaining compensation for the injuries and damages sustained.

SOURCE:  Dana Point car crash: 2 dead, 3 injured in violent accident, KABC News, Orange County News, October 13, 2013

SOURCE:  Santa Ana crash leaves 6-year-old boy dead, grandma injured, KABC News, Orange County News, October 14, 2013

Fullerton Crash Near St. Jude Hospital Leaves One Dead, Five Injured

A horrific crash in Orange County earlier today proved fatal for the driver of one of the eight vehicles involved.  According to KABC News, the accident happened at the intersection of Harbor Boulevard and Valencia Mesa Drive, across from St. Jude Medical Center.  Reportedly, the driver of a Ford pickup truck was driving at a high rate of speed going the wrong way on Harbor Boulevard.  Seven other vehicles were involved in the spectacular crash.   The preliminary reports indicate it was the truck driver who was killed in the accident that sent at least five other people to local hospitals.  The precise cause of the collision is still under investigation, and the nature of the injuries sustained by the surviving victims is currently unknown.

Scene of the Accident

The area of the accident is on a stretch of roadway that passes right in front of St. Jude Medical Center and the St. Jude Medical Plaza.  This stretch of Harbor Boulevard is relatively flat and straight, with no apparent obstructions for drivers traveling in either direction on Harbor Boulevard.  Given the devastation apparent in the photograph of the accident, there can be little doubt that at least one of the vehicles involved in this accident was traveling at a high rate of speed.  Assuming the initial reports are correct, much of the accident investigation is likely to focus on the "wrong-way" driver and why he was traveling on the wrong side of the road and at such a speed.  Whenever a driver inexplicably drives on the wrong side of the road and at what appears to be an excessive speed, authorities generally consider the possibility of driver intoxication or impairment to be the most likely cause, until proven otherwise.

When compared to cities of similar size, Fullerton ranks as one of the more dangerous in the State, according to the California Office of Traffic Safety.  This is particularly true for accidents involving drivers who had been drinking, regardless of their age.  

If you or a loved one has been involved in an Orange County auto accident, contacting an experienced injury attorney is perhaps the most important step to take in terms of obtaining compensation for the injuries and damages sustained.

SOURCE:  Fullerton crash: 1 killed, 5 injured in multi-car collision on Harbor Blvd, KABC News, Orange County News, October 10, 2013

Motor Officer Seriously Injured in Ontario Crash

This morning a police officer aboard a motorcycle in Ontario was badly injured when he collided with a tractor trailer.  According to KABC News, the officer sustained serious injuries and had to be airlifted to a hospital.  The collision occurred at about 7:15 a.m. while both the motor officer and semi truck were traveling northbound on Archibald Avenue.  Reportedly, the truck driver was making a right-hand turn into an IHOP parking lot when the crash happened.

Right Hand Turn Law

In general, both the approach for a right-hand turn and the right-hand turn itself are to be "made as close as practicable to the right-hand curb or edge of the roadway", with certain exceptions.  From the aerial photograph of the accident scene on KABC News, it would appear the driver of the tractor trailer began his right-hand turn from the number 3 lane, and not the one designated for right-hand turns.  As can be seen on the Google maps image, there is actually a designated right-hand turn lane for northbound traffic on Archibald.  Depending on the precise circumstances, it would appear the truck driver may have made an unsafe turn.

Accident Reconstruction Issues

With serious injuries having been suffered by the motorcycle officer, there can be little doubt the accident above will be carefully reconstructed in order to determine who was at fault for the collision.  Assuming the police officer was riding his motorcycle at a safe speed in the right-turn lane when the semi truck began its turn from the number 3 lane, it would appear the majority of the fault would rest with the truck driver.  Issues of speed and turn signal usage will also play a role in the ultimate determination of liability for the accident.

If you or a loved one has been involved in an automobile or motorcycle accident, a free consultation with an experienced auto accident attorney is perhaps the best way to learn more about your right to compensation for any injuries and damages sustained.

SOURCE:  Officer on motorcycle injured in Ontario semi-truck crash, KABC News, October 8, 2013

Orange County: Buena Park Police Vehicle Fatally Injures Pedestrian

A pedestrian was hit and killed by a Buena Park Police cruiser in the early morning hours on Saturday, October 5th. According to KABC News, the accident happened near the intersection of Stanton and Orangethorpe Avenue at about 1:00 a.m.  The victim, 33-year-old Katherine Tinnell of Buena Park, was apparently outside of a marked crosswalk when she was hit by the marked K-9 unit.  Tinnell was pronounced dead at the scene.  Because the accident involves a local law enforcement agency, the California Highway Patrol will be the investigating agency.

Scene of the Accident and Its Cause

According to a KTLA News report, the accident occurred on Orangethorpe Avenue between Stanton and Oregon.  That area of the roadway is flat and straight, and there does not appear to be any visual obstruction for drivers traveling on Orangethorpe in either direction.  It is unknown precisely where the impact occurred, but the area of the Oregon intersection includes an unmarked crosswalk.  Any intersection like the one at Oregon and Orangethorpe includes an unmarked crosswalk, in which a pedestrian has the right of way.  In fact, it is not unlawful to cross the street anywhere on Orangethorpe between Oregon and Stanton (whether in the imaginary crosswalk or not) so long as the pedestrian does not interfere with a driver's right of way.  Identifying the point of impact on the roadway will help to determine whether the pedestrian or the police officer had the right of way.  Also important will be a determination of the speed of the police cruiser just prior to the accident and whether the cruiser's headlights were on at the time.

Emergency Vehicle Rules

In California, there are certain Vehicle Code provisions that apply to the operation of emergency vehicles (such as police cruisers and fire trucks) when responding to calls for service.  Generally, only the public entity and not the individual officers/firefighters can be held liable if the driver is negligent and causes an accident while responding to an emergency or when in pursuit of an actual or suspected lawbreaker.   The drivers must observe certain rules (activate their lights and sirens) for this liability protection to apply.  However, even if the emergency vehicle driver does comply with the lights and sirens requirement, they are not relieved from the "duty to drive with due regard for the safety of all persons using the highway..".  In the case above, in addition to the speed and headlight issues, it must be determined whether the K-9 officer was responding to a call for service and whether the lights and sirens were activated prior to the collision.

If you or a loved one has been injured in an Orange County accident involving an emergency vehicle, a consultation with an experienced injury attorney is likely the best way to determine your right to compensation for the injuries and damages sustained.

SOURCE:  Buena Park police cruiser strikes, kills pedestrian, KABC News, Orange County News, October 5, 2013

What You Should Know About Crosswalk Accidents

Two women crossing a street in Glendale last night were struck and badly injured by a hit-and-run driver.  According to NBC News, the pedestrians, ages 59 and 73, were crossing California Avenue at about 8:00 p.m. when a light colored or white sedan ran a red light and collided with the victims before speeding off.  Both of the women were knocked into the air and across the intersection. The younger victim, Bekzad Shahbazian, is described as being in critical but stable condition, but her neighbor is apparently in grave condition.  The two women were simply walking home from the mall, as they often did, when the accident occurred.  Anyone with information regarding this case should immediately contact the the Glendale Police Department.

Liability Issues

There can be little doubt who bears the responsibility for the accident above:  the hit-and-run driver.  The two victims, according to police, were in the crosswalk on a green light and had the right of way.  However, under California law,  every person has a right to expect that every other person will use reasonable care and will not violate the law, unless he or she knows, or should know, that the other person will not use reasonable care or will violate the law.  In other words, if a pedestrian is about to enter the street and, after looking both ways, should be able to determine an approaching vehicle is traveling too fast to stop, they have a duty not to cross the street until it is safe to do so.  Even someone who clearly has the right of way can be found at least partially at fault if they fail to take minimal precautions to determine whether others around them are going to follow the law.  In the case of a motor vehicle versus pedestrian, it should also be remembered that while both drivers and pedestrians must be aware that motor vehicles can cause serious injuries, drivers must use more care than pedestrians.  Even assuming a pedestrian, with the right of way, does not look before walking into a street, they would still be much less to blame than the driver of a car striking them.

If you or a loved one has been injured in an auto versus pedestrian accident, a free consultation with an Orange County accident attorney is likely the best way to find out about your right to compensation.

SOURCE:  Hit-and-Run Driver Strikes 2 Women in Glendale Crosswalk, NBC News, Southern California, October 4, 2013, by Samantha Tata, Oleevia Woo, Jonathan Lloyd and Toni Guinyard