A family of three was sent to the hospital after an SUV crashed into them while seated at an Orange County restaurant. According to KTLA/Los Angeles Times, the accident happened yesterday afternoon at the Big K's Burgers on 1st Street in Santa Ana. The three victims, a man, woman and their 5-year-old daughter, were taken to a local hospital where all were listed in stable condition. The driver of the vehicle, reportedly a 57-year-old man with a number of medical issues, is not expected to be charged with any crime. The accident was captured on video.
The Cause of This Accident
In the surveillance video of the accident, the SUV can be seen clipping the rear of a school bus as it begins a turning maneuver in the middle of the lane. The vehicle continues what appears to be a u-turn and then crashes into the front of the restaurant and up on top of a table. While the precise cause of the drivers actions are unknown, if he was having some sort of medical issue at the time of the turn, a jury might not find him liable for the accident. However, he would also have to prove that he could not have anticipated the medical issue happening while he was behind the wheel.
California Insurance Law
In the accident above, the injuries and damages sustained by the family should be compensated by the driver of the SUV's insurance carrier. However, one way insurance companies attempt to avoid their responsibility is by claiming the driver caused the accident willfully, or on purpose. In California, if someone willfully runs down a pedestrian there is no coverage, but if a driver runs a victim down negligently then insurance has to pay. The "willful acts exclusion" is found in California Insurance Code Section 533.
Hiring a personal injury attorney after an Orange County accident is often the most important step toward obtaining compensation for your injuries and damages.
SOURCE: SUV slams into Santa Ana restaurant, injuring family eating lunch, Los Angeles Times, LA Now, by Kate Mather
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