Accident at Concrete Plant in Rialto Leaves Worker Dead

An accident involving a large forklift this morning at the Rialto Concrete Products facility has left a 59-year-old man dead.  According to the Press Enterprise, the accident happened at the manufacturing plant on Lowell Avenue in Rialto.  The Enterprise has reported that the victim, Jack Leo Buffum, was struck by a 65,000 forklift while workers were moving large concrete pipes.  The operator of the forklift apparently lost sight of Buffum and ran him over.

Work Site Accidents in California

Accidents happening at work are unfortunately common and sometimes result from employer neglect.   The extent of the danger present is easy to see from a review of significant fines imposed on employers by Cal/OSHA, the government entity responsible for protecting workers from health and safety hazards on the job.  Sometimes, the cause of a work site accident is not the employer or co-employee, but a third party.  When someone not working for the employer causes injury to an employee, the worker not only has the right to workers' compensation benefits but also to a claim against the third party or their insurance carrier.  This situation often arises where an employee is required to drive on the job and another driver (not working for the same company) causes an accident.  

Worker's Compensation and Third Party Claims Arising From Accidents on The Job

While workers' compensation benefits can be obtained after a job-related accident, that compensation is generally limited to payment of medical expenses and both short and long term disability.  There is no payment available under the workers' compensation system for pain and suffering damages.  Those damages, in serious injury cases, can be into the hundreds of thousands if not millions of dollars.   Likewise, when a death occurs on the job, compensation to the family under the workers' compensation rules is limited.  When a job-related accident has caused serious injuries or death, and a third party is at fault, full compensation (for pain and suffering, etc.) will require filing a claim or lawsuit outside of the workers' compensation system.

If you or a loved one has been seriously hurt on the job because of the negligence of someone not working for the same company, you may want to seek a consultation with a personal injury attorney to find out more about your rights.

SOURCE:  RIALTO:  Forklift Accident Kills Fontana Man, the Press Enterprise, May 31, 2013, by Richard Brooks

Fall From Truck Bed Results in Major Injuries at Vail Lake

Over the weekend, a 42-year-old woman who works as a counselor at a Menifee high school was seriously injured when she fell from the rear of a pickup truck at Vail Lake.  According to the Press Enterprise, the victim, Kimberly Montiel, and another passenger were riding on the lowered tailgate of the truck when it slid around a turn.  Montiel was thrown to the ground, striking her head and suffering major injuries.  The driver of the pickup, Brian C. Tickel, ran from the scene of the accident but was later arrested on suspicion of fleeing the scene of a major-injury crash.  Alcohol is believed to have been a factor in the accident.

Assessing Fault For the Accident

In the accident above, it is easy to see an issue of comparative negligence would likely come into play in assessing liability for the injuries and damages sustained.  What this means is that a jury would be called upon to decide what negligence there was on the part of Tickel and what, if any, negligence there was on the part of Montiel.  Potentially, a jury could find that riding on the back of a pickup truck's tailgate (unrestrained) is careless, and Montiel could bare some of the responsibility for her own injuries.  From the description of the truck sliding around a turn, it seems likely a jury could find Tickel liable for not being more careful when he knew he had unrestrained passengers on the tailgate.  Under California law, a jury is free to divide fault for an accident anyway they see fit, and the injured party is still entitled to at least some recovery even if they are found mostly to blame.

Is It Legal To Ride In The Back of a Truck?

In California, it is illegal to ride unrestrained in the back of a pickup truck, except under very limited circumstances.  The Vehicle Codealso makes it illegal to transport a passenger in the bed of a truck.  Consequently, in all likelihood, both the passengers and the driver in the case above were in violation of the law.  Such a violation can lead to a finding of "negligence per se", which means a safety statute was violated and the violation was a cause of injury.

If you or a loved one have been seriously injured in a truck accident, consultation with an injury lawyer is often the first step to obtaining fair compensation for injuries and damages sustained.

SOURCE:  VAIL LAKE: Menifee school counselor critically injured in accident, the Press Enterprise, May 28, 2013, by Sarah Burge

Newport Beach Crash Takes Lives of Five Teenagers

On Monday at about 5:30 p.m., a horrific crash in Orange County took the lives of five teenagers.  According to ABC News, the solo vehicle accident happened on Jamboree Road in Newport Beach, just north of Island Lagoon.  The teenagers, all reportedly from Irvine, were in the Infiniti when it left the roadway and slammed into a tree in the center median.  The car split in half and caught fire.  Four of the teens were ejected and one was partially ejected from the vehicle.  Four of the victims were pronounced dead at the scene and the fifth died at the hospital.  The cause of the crash is still under investigation and anyone with information should contact the Newport Beach Police Department at (949) 644-3681.

The Orange County Accident Scene

The stretch of Jamboree Road in Newport Beach where the accident occurred is slightly curved and would appear to have few cross-streets for some distance.  It would seem this area of the roadway would be tempting for a young driver to speed.  While the approximate speed of the Infiniti is unknown, the accident investigation will likely include a speed calculation.  It would seem from the severity of the impact that the driver was likely traveling at a high rate of speed.  The Infiniti vehicle, with likely more than 320 hp, would certainly be capable of attaining a dangerously high speed in a relatively short distance.  Whether drugs or alcohol played a role is another factor to be determined by the law enforcement investigation.

Teen Driving and Accident Rates

Car crashes are the leading cause of death for teenagers here in the United States.  According to the Centers for Disease Control and Prevention, seven teens ages 16 to 19 died every day from motor vehicle accidents in 2010.  Taking into account miles driven, teen drivers are three times more likely than drivers 20 years or older to be involved in a fatal crash.  Teen drivers who are carrying teen passengers are at an even greater risk.  In spite of these facts being well-publicized, accidents like the one above happen all too often.  

If you have been injured or a loved one killed in an auto accident, contacting an Orange County personal injury attorney may be the first step to obtaining civil justice and some measure of compensation.

SOURCE:  Crash kills 5 teens in Newport Beach; car split in half, burst into flames, ABC News, Orange County, May 28, 2013, by Amy Powell

Three Injured in Corona Motorcycle Accidents

Two motorcycle-related accidents on the westbound 91 Freeway in Corona sent three riders to the hospital this morning.  According to the Press Enterprise, the first accident involved an Anaheim police motorcycle officer who was reportedly knocked down by another rider in the carpool lane near Main Street.  The early morning accident sent both riders to the hospital with minor injuries.  The first collision was followed about 30 minutes later by another motorcycle-related crash in which a rider was cut off by a pickup truck.  That rider struck the pavement very near the first accident scene, and he was taken by ambulance to the hospital with unknown injuries.

The Dangers of Motorcycle Riding

There is quite a bit of truth to the old saying, "There are two kinds of riders:  those who have been down and those who are going down." Government statistics show between 2001 and 2008 more than 34,000 motorcyclists were killed and an estimated 1,222,000 people were sent to hospital emergency rooms for non-fatal motorcycle-related injuries.  According to the Centers for Disease Control and Prevention, motorcyclist death rates have increased 55% from 2001 to 2008.  Coincidentally, May is Motorcycle Safety Awareness month, and all drivers and motorcyclists should look carefully for riders and keep in mind they are sharing the road with motorcyclists who may be difficult to see.

Injury Claims Arising From Motorcycle Accidents

Unfortunately, the injuries sustained in motorcycle accidents can often be devastating, especially if the rider wasn't wearing a helmet.  In addition to that, it is not uncommon for the law enforcement officer investigating a motorcycle-related accident to sympathize with a driver who failed to see the rider.  Just because a police officer blames a rider for the happening of an accident, does not mean a successful claim cannot be pursued.  It is not uncommon to find that an investigating officer has little meaningful experience or training regarding traffic accident reconstruction, particularly reconstructing an accident involving a motorcyclist.

If you or a loved one has been injured or killed in a motorcycle accident, contacting an experienced injury attorney is often necessary (especially if there is an adverse police report) to obtain fair compensation.

SOURCE:  CORONA: Anaheim officer injured in one of 2 motorcycle crashes, the Press Enterprise, May 23, 2013, by John Asbury

Speed-Related Accident in Costa Mesa Causes Fatality

An auto accident in Orange County last Friday night has left the driver  dead and his passenger badly injured.  According to KABC News, the driver was traveling at a high rate of speed on Bristol Street in Costa Mesa when he apparently lost control and crashed his BMW M6 into a tree.  In spite of the fact seat belts were worn and the air bags deployed, the driver died at the scene and the passenger reportedly sustained head trauma and broken ribs.  The female passenger was taken to Western Medical Center in Santa Ana for treatment.  Anyone with information regarding the accident is asked to call  Traffic Officer Darren Wood at (714) 754-5264.

Speeding Related Crashes Are Still a Major Cause of Injury and Death

In spite of the fact that airbags are now and have been mandatory for some time, speeding is still a major cause of serious injury and death each year.  According to the National Highway Traffic Safety Administration, speeding is a contributing factor in about 30% of all fatal crashes occurring on American roadways.  In 2011, nearly 10,000 lives were lost in speeding-related accidents, although this was a slightly lower number than in 2010.  In the accident above, while a full blown accident reconstruction has not yet been done, it seems likely that speeding was at least a contributing factor to the happening of this accident.  Absent a mechanical failure, a solo accident is often caused by poor judgment and/or speeding.  Unfortunately, this driver lost his life, and the accident may have left his passenger with a lifelong impairment.

If you or a loved one has been seriously injured or killed in an accident caused by a speeding driver, a free consultation with an Orange County personal injury attorney may help you better understand your rights.  Speed related accidents are all too common and reckless drivers should be held accountable.

SOURCE:  1 dead, 1 hurt after car crash in front of Costa Mesa hotel, KABC News, Orange County, May 20, 2013

Teacher Tragically Killed in Hit-amd-Run Accident Near Long Beach City College

A math teacher at an Orange County community college was killed in a hit-and-run accident on Wednesday morning.  According to the Long Beach Press Telegram, the victim of the accident has been identified as 47-year-old Elane Logay, a part-time instructor at Santa Ana City College.  The accident happened at about 11:15 a.m. at the intersection of  Carson Street and Clark Avenue near Long Beach City College.  The driver of the hit-and-run vehicle, 21 year-old Mario Palafox, was arrested on suspicion of vehicular homicide, felony hit-and-run and driving without a license.  Logay, a mother of two children, was in the first of three vehicles Palafox struck while waiting in line in the left-turn lane.  Immediately after the accident, Palafox fled on foot only to be captured a short time later at Long Beach City College.  Anyone with information regarding the accident is asked to contact the Long Beach Police Department, Det. David Lauro, at 562-570-7355.

Cause of the Accident and Negligent Entrustment

It would appear the cause for the accident above and the tragic death of the mother of two children was solely the fault of the hit-and-run driver.  However, that may not be the whole story as there may be additional parties who may also share responsibility.  For example, since Palafox apparently had no license, it will have to be determined whether someone else owned the vehicle he was driving and whether that person negligently entrusted their vehicle to an unlicensed driver.  Under the law in California,  in order to prove negligent entrustment, it must be proven that the driver was negligent, the defendant owned the vehicle involved in the accident, the entrusting party knew or should have known the driver was incompetent or unfit to drive, the owner allowed the careless driver to use the vehicle and the driver 's incompetence or unfitness to drive was a "substantial factor" in causing the accident.   Given that Palafox fled the scene and was apparently unlicensed at the time of the accident, it would seem the vehicle owner (if not Palafox) would likely be in trouble if they loaned him their car.

If you or a loved one has been involved in a serious or fatal accident, a free consultation with an injury attorney may help you understand your rights and whether you may have a valid claim against a driver or the vehicle owner.  

SOURCE:  Long Beach woman killed in hit-and-run near LBCC is identified (updated), Long Beach Press Telegram, May 16, 2013

Orange County Crash Injures Eight

Early Sunday morning, eight people were taken to the hospital after a suspected drunk driver crashed into several vehicles at an Anaheim intersection.   According to ABC News, the accident happened at the intersection of Gilbert Street and La Palma Avenue when two cars filled with people were struck by a driver who was later arrested for felony DUI.  The collision was declared by paramedics to be a mass casualty incident because of the high number of people injured.  The conditions of the victims are currently unknown.

Location of the Accident

The area of the accident, at the intersection of La Palma Avenue and Gilbert Street, does not appear to be unusually dangerous as it is flat and straight, with no apparent obstructions to a driver's view.  It seems the accident above was likely caused by impaired or perhaps distracted driving.  This same area of La Palma Avenue has been the location of other accidents, however, including a fatal accident in July of 2011.  La Palma Avenue in this area includes a long stretch without traffic lights or other traffic control devices, and the speed limit is 45 miles per hour.  It is possible drivers simply "tune out" the fact there are side streets and a light at Gilbert, especially if the driver is impaired or distracted.

Insurance Issues

The sad reality in the case above is that not all of the people injured will likely resolve fair compensation for their injuries.  Given the number of people hurt and the fact that all needed hospital treatment, it is highly likely the alleged drunk driver's auto insurance policy will be inadequate.  However, there is a chance that other insurance (uninsured motorist or under-insured motorist coverage) could make up some of the inadequacy.  The insurance issues arising from an accident like this one can be complicated and require legal advice.

If you or a loved one has been badly injured in an auto accident in Orange County, a free consultation with an injury attorney may help you understand your legal rights and complicated insurance issues.  

SOURCE:  Anaheim crash injures 8; driver arrested for driving under influence, KABC News, Orange County News, May 12, 2013