Chain Reaction After Vehicle Abandoned on Freeway Claims Two Lives

A single car accident led a driver to abandon her vehicle on the southbound 605 Freeway in Whittier early this morning.  What happened next, according to the KTLA news report, was tragic, and two people lost their lives after running into the abandoned vehicle.  The driver involved in the solo crash simply got out of her car and walked off the freeway before three other cars struck the vehicle in the carpool lane.  In the span of about 10 minutes, two of the drivers, one a 67-year-old man and the other a man 60 years old, were killed in separate impacts.  A fifth vehicle swerved to avoid an impact and overturned.

The Likely Causes of This Accident

While  it is unknown what type of damage was done to the vehicle involved in the first, solo crash, in order to safely leave the vehicle it should be driven off the freeway completely or at least out of the travel lanes.  Beyond that, every reasonable effort should be made to ensure the vehicle is visible to other drivers.  This would include activating the emergency flashers and/or leaving the headlights on the vehicle.  Other factors that may have contributed to this tragic accident include the inability of drivers generally to determine motion in the dark, driver inattention, age of the drivers (elderly) and possibly driver distractions/impairments (potentially tired, intoxicated, etc.)

Wrongful Death Claims

The families of the two drivers killed in this tragic accident likely have valid claims for wrongful death against the driver who abandoned her vehicle on the freeway.  Unless there was some sort of mechanical defect with that first car, then a solo crash would likely have been the result of neglect.  That negligence, coupled with any carelessness associated with leaving the disabled car in a travel lane, would likely warrant at least an investigation into a wrongful death claim.  In California, the merit of those claims could be partially, if not completely, offset by any negligence of the two drivers who perished in the crash.

If you have been injured or a loved one killed in a multi-vehicle crash, an auto accident attorney can be of assistance in evaluating any potential claim.  When an accident is rendered complicated because of the number of parties involved or other unusual circumstances, contacting a personal injury attorney is the best way to gather information and discover your rights.

SOURCE:  605 Freeway Chain-Reaction Crash Kills 2, KTLA News, March 28, 2013, by Kellan Connor

Falling Sign Claims The Life of Fifth Grader

A tragic accident in an Alabama airport has claimed the life of a 10-year-old boy and badly injured his mother and two of his brothers. According to the Associated Press/Yahoo News, the accident happened Friday when a 300-pound arrival-departure panel fell away from the wall and landed on top of five members of the Bresette family, including 5th grader Luke who apparently died at the scene.  His mother, Heather Bresette, suffered critical injuries including broken ankles and a crushed pelvis.  Two of the other children, 5-year-old Tyler and 8-year-old Sam suffered broken bones and a concussion.

Cause of the Accident

While the precise cause of the accident remains under investigation, from the video of the scene and the interview of at least one witness, it appears the 300-plus-pound display was not secured to the wall.  The frayed cords can be seen behind the panel, but there is no evidence of mounting brackets or other hardware intended to hold the display in place.  It is unknown what might have begun this tragic event, but one thing appears fairly certain: mounting hardware would have prevented this dangerously heavy board from falling onto an innocent family.

Preventing Tip-Over Accidents

By way of analogy, falling televisions and furniture injure about 43,000 people each year and most of the victims are children, according to a CBS news report citing the U.S. Consumer Product Safety Commission.  In 2011, a record 41 tip-over fatalities occurred here in the United States.  The majority of the accidents involved televisions that were not secured via a proper stand or anchoring device.  It is a virtual certainty that screens/displays like the one involved in the accident above, will be touched intentionally or inadvertently bumped, especially in a busy airport.  This tragic accident seems so senseless and so easily avoidable.  For the cost of a few metal brackets and screws, the Bresette family could have been spared this devastating loss.

If you or a family member have been injured or killed because of a dangerous condition on someone else's property, a premises liability attorney can provide valuable assistance.  While perfect justice cannot be delivered, holding negligent business operators accountable and securing fair compensation is often the best we can hope to achieve.   

SOURCE:  Mom of boy killed by Ala. airport sign unconscious, March 25, 2013, by Kathy Wingard, Associated Press

Sun Glare May Be To Blame For Auto Versus Pedestrian Accident

On Monday evening, two people were seriously injured in Temecula when they were struck by a car who may have been distracted by the glare of the setting sun.  According to the Press Enterprise, the driver of a Toyota Matrix was driving downhill on westbound Pauba Road just before 6:00 p.m. when she struck two pedestrians who were walking in a shaded bike lane.  The driver claimed she was adjusting for the direct sunlight in her line of sight as she approached Elinda Road and somehow drifted into the bike lane, striking the pedestrians.  One of the victims was thrown by the impact and suffered major injuries.  The other pedestrian was hit by the side of the vehicle and suffered moderate injuries.  Both of the women were hospitalized for their injuries. 

The Accident Scene and The Law

The area of Pauba Road near its intersection with Elinda Road is in a residential area, with a slight curve and trees lining the roadway.  Actually, as a driver is heading westbound on Pauba, the route is uphill which might worsen the sun's glare.  While the sun could distract the driver, it is always the obligation of any motor vehicle operator to maintain their vehicle within the travel lane.  In fact, California statutory law makes it illegal to leave a travel lane until such movement can be made with "reasonable safety".  The fact that the setting sun may have distracted the driver of the Toyota is no excuse under the law.

Sun Glare Issues

There is little doubt that motor vehicle drivers can be at least temporarily distracted or even blinded by sun glare, contributing to accidents.  However, every driver is expected to understand and account for this risk, particularly when they are operating their vehicle at sunrise or sunset.  There are steps drivers can take to minimize the risk of a sun-related or glare-related accident.  If a driver fails to take reasonable precautions while behind the wheel, it is no different than when a driver allows a cell phone to become a distraction.  

If you or a family member have been injured or killed by a distracted driver, a seasoned personal injury attorney with auto accident experience can help.  You should always make an informed decision about bringing a claim after an accident has changed your life.

SOURCE:  TEMECULA: Sun glare may have caused injury crash, the Press Enterprise, March 12, 2013, by John Asbury

Security Misconduct Case Settled in San Diego

A suspected shoplifter has settled his civil case against Fry's Electronics for security misconduct while the jury was deliberating the case in San Diego.  According to NBC news, Kevin Hoopfer stole a $35.00 laser pointer from a Fry's store in Murphy Canyon in September of 2010.  Attorneys for Hoopfer claimed their client, without provocation, was tackled and thrown head-first onto concrete, resulting in a traumatic brain injury.   The NBC story indicates the jury had already reached a decision to award Hoopfer at least $10 million in compensatory damages and they were going to consider punitive damages as well. The jury had deliberated for three days as of the time the decision was reached.

California Law on Retail Security

Under California law, now codified in Penal Code Section 490.5, a merchant or his agent may detain someone whenever there is probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the store's premises.  The statute, commonly referred to as the "Merchant's Privilege", also permits the use of reasonable, nondeadly use to prevent the escape of the suspect or the loss of the store's property.  The Merchant's Privilege provides a defense to civil cases for claims of assault, battery, false arrest and false imprisonment, so long as the actions of store security were objectively reasonable.  Each case must be evaluated on its own facts to make that determination, and there are certainly circumstances in which the use of force (such as taking a shoplifter to the ground) would be found appropriate.

The Limitations on Use of Force

Only "nondeadly" force can be used in the context of a shoplift apprehension, and when a security officer has used a weapon (such as a baseball bat) courts have found such conduct outside of the protections of the Merchant's Privilege.  The force used must be objectively reasonable in light of the situation.  In the case above, Hoopfer claimed he was summarily tackled and thrown head-first onto the concrete.  Those actions by security, without apparent justification, would easily qualify as unreasonable, justifying an award of compensatory damages.  Beyond that, if a jury finds the security officer acted with malice then punitive damages may be awarded as well.

If you or a loved one has been unlawfully detained and/or injured by store security, a personal injury attorney with considerable experience at handling security misconduct cases can be of assistance.  Mr. Ralph is not only an Orange County injury lawyer, he has more than seven years of experience as a retail security professional, giving him considerable insight into these cases.

SOURCE:  Settlement Reached in Shoplifter, Fry's Electronics Lawsuit, NBC News San Diego, March 6, 2013, by Paul Krueger and R. Stickney

Multi-Vehicle Crash in Lake Mathews Leaves One Dead

In a head-on collision early Sunday morning, an elderly driver was killed and four people were injured.  According to the article in the Press Enterprise, 69-year-old Juan Velazquez was driving a Toyota Yaris when he crossed over the center line on Cajalco Road, just east of Gavilan Road in Lake Mathews.  The Yaris struck a Chevy Silverado being driven by Refugio Garcia of San Jacinto, who suffered major injuries.  Another passenger in the Silverado, Blanca Garcia, sustained minor injuries, but two children in the car were badly hurt.  A boy in the Yaris reportedly sustained minor injuries.

The Scene of the Accident and Driver Fatigue

The area of the accident on Cajalco Road is generally rural and has fairly profound curves.  It is possible that Velazquez drifted over the center line in a turn because of inattention or some other factor.  Given the timing of the accident, at approximately 3:30 a.m., fatigue or driver distraction may well have played a role.  According to the U.S. Department of Transportation, driving between the hours of 12:00 a.m. and 6:00 a.m. heightens the risk of an accident due to driver fatigue.

Apportionment of Insurance

As with most multi-party accidents, apportionment of the insurance policy of the responsible driver will likely be an issue requiring careful attention.  Assuming Mr. Velazquez is determined to be at fault, his insurance policy would be the primary policy to be divided among all injured parties.  If those in the Garcia vehicle were covered by a policy with uninsured/underinsured motorist provisions, with a higher limit than the Velazquez policy, then that policy would be secondary.  Coverage would then be available up to the total of the UM/UIM limits of the Garcia insurance policy.

Multi-party automobile accidents like the one above often involve complicated issues of fault, apportionment and insurance law.  A seasoned auto accident attorney can ensure maximum compensation is recovered for the injuries you or a family member sustain.

SOURCE: LAKE MATHEWS:  1 dead, four hurt in head-on wreck, Press Enterprise, March 4, 2013, by Brian Rokos

Moreno Valley Accident May Be DUI Related

The Press Enterprise has reported that alcohol is suspected as a factor in a major injury collision over the weekend in Moreno Valley.  The accident occurred on Saturday night at about 10:30 p.m. at the intersection of Heacock Street and Parkland Avenue.   According to the report, a man driving south in a Toyota Camry ran a red light and collided with a Chevrolet Cavalier turning left from Heacock onto Parkland.  The Camry's driver had to be cut from the wreckage and was taken to the hospital in critical condition.  The female driver and her passenger in the Cavalier, as well as the passenger in the Camry, were taken to the hospital as well for treatment of minor injuries.  If you have any information regarding or actually witnessed the crash, you should contact traffic division deputies at (951) 486-6900.

Scene of the Accident

The intersection of Heacock and Parkland in Moreno Valley is controlled by traffic signals, and those drivers making a left turn from Heacock onto Parkland have a protected left turn.  It would not appear the man driving south on Heacock would have any impediment to seeing the light for his direction of travel was red, as the roadway is relatively flat and straight.  Assuming the light for southbound traffic was red, then the driver of the Camry will likely be found 100% at fault for the accident.  The female driver of the Cavalier has the lawful right to assume that oncoming drivers will obey the law.

The DUI Issue

From the limited information in the news report, we do not know which of the two drivers was suspected of driving while under the influence.  However, given the accident description, it seems a reasonable inference the male driver was most likely the one suspected of driving while intoxicated.  If he is found guilty of operating his vehicle while under the influence, thereby causing injury, any civil case against him would be relatively simple to prove.

If you or a family member have been injured in a collision, an auto accident attorney with experience at handling these types of claims can be of great assistance in securing compensation.  It is always best to make an informed decision regarding your rights whenever you have been involved in a personal injury accident

.

SOURCE:  MORENO VALLEY: Alcohol suspected in major injury wreck, Press Enterprise, March 3, 2013, by Richard Brooks