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
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
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