A head-on collision in Orange County resulted in the deaths of two people early Tuesday morning. According to KTLA news, the accident happened in Laguna Beach on Laguna Canyon Road at about 6:40 a.m. The driver of a Tesla, Dr. Robert M. Pettis, apparently veered into oncoming traffic and hit a Honda Accord head on. Pettis suffered only minor injuries, but both occupants of the Honda were killed. According to the news report, there was some sort of an incident between Pettis and the driver of a Mercedes Benz which may have led to Pettis crossing the roadway into opposing traffic.
Assessing Liability Will Likely Be Challenging
Whenever a "mystery" vehicle is alleged to have caused an accident, there will be skeptics. In the case above, the police have asked the driver of the Mercedes to turn himself in so that he can explain his version of the incident. Absent that driver identifying himself or being found in some other fashion (such as through the use of video taken in the area), there will have to be strong physical evidence to corroborate Pettis' story of how the accident happened. For example, if it is the doctor's claim that the Mercedes made contact with the Tesla, forcing the Tesla into oncoming traffic, then there should be physical evidence such as a paint transfer mark or other evidence of an impact that cannot be explained from the collision with the Honda. From the news report, it appears this accident happened in or near a curve, and the last thing a driver would want to do in that area is cross into the opposing lane since oncoming traffic may not be easily seen.
Joint and Several Liability
Even assuming Pettis can establish there was indeed another vehicle involved, he may still face liability if the whole incident arose from some sort of mutual road rage/race incident. If the negligence of two people combine (in a "concert of action") to cause an accident, and it is not clear which one is mostly at fault, both are equally responsible for the innocent victim's injuries and damages. The concert of action theory of tort liability has been applied in the "drag race" and like cases, although it is generally referred to as the rule of theSummers vs. Tice decision by the California Supreme Court. Subsequent cases have held that inciting and encouraging one another to drive at a fast and reckless rate of speed is sufficient to support joint and several liability of both drivers, including the defendant whose car did not strike the injured party.
If you or a family member has been injured or killed in a multi-vehicle accident like the one above, a personal injury attorney with more than two decades of experience may be able to help recover the deserved compensation. Complex accidents with reconstruction and forensic issues are best left in the hands of auto accident lawyers who deal with such cases routinely.
SOURCE: 2 Killed in Head-On Crash in Laguna Beach, KTLA News, April 3, 2013, by Kellan Connor
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