Distracted Teen Driver Killed in Grand Terrace Collision

A teenaged driver was killed early on Friday when she crashed her car into a pine tree in Riverside County.  According to the Press Enterprise, the collision happened at about 12:15 a.m. when a 19-year-old woman from Rialto was apparently distracted while arguing with a passenger in her car.  Citing official sources, the Press Enterprise identified a back seat passenger as 19-year-old George Poma of Grand Terrace.  According to the other passenger, Jenae Reliford of Colton, Poma and the driver were arguing just before the driver crossed into oncoming traffic and hit a tree near the intersection of Barton Road and Preston Street in Grand Terrace.   The vehicle was traveling between 50 and 60 mph when the crash occurred, and the driver and Poma were apparently not wearing seatbelts.  Poma and Reliford were both hospitalized. 

Distracted Teen Drivers

Distracted driving accounts for an enormous number of accidents and tragic deaths every year.  According to the Centers for Disease Control and Prevention, in 2011 more than 3,300 people were killed in crashes involving a distracted driver, and another 387,000 were injured.  In 2010, a distraction was reported as a cause of 18% of all crashes in which someone was injured.  The number of crashes involving driver distraction has been climbing along with the number of text messages sent in this country.  "Cognitive" distraction is particularly dangerous for younger drivers since they already represent a significantly higher accident danger when compared to other age groups, according to the CDC.  Assuming that the report above is correct and the unidentified driver was distracted by the argument she was having with the back seat passenger, this is but another example of a tragedy that could have been avoided, simply by the driver's commitment to operating her vehicle safely instead of focusing attention elsewhere.  This is to say nothing of the fact that two people in the car, one of whom died, were not wearing their seat belts.

Seat Belt Use

What makes the accident above all the more tragic is that its happening was probably preventable, and the loss of life and extent of the injuries suffered may have been avoidable if everyone in the car was wearing a seat belt.  It is sadly true that the highest risk group for getting into accidents, teen drivers, are also the same group who use their seat belts the least when compared to other age groups.  According to the National Highway Traffic Safety Administration, teens buckle up far less frequently than adults do.  In fact, in 2009 the majority (56%) of young people 16 to 20 years old involved in fatal crashes were unbuckled.  Nothing could be more heartbreaking to a parent than to lose a child in an accident, especially when the death could have been so easily prevented.

If you have been seriously injured or a loved one has been killed in an accident involving a distracted driver, contacting an Orange County auto accident attorney is likely the best first step toward holding the responsible party responsible.  Nothing can undo the physical and emotional harm done, but our civil justice system was intended to hold people accountable accountable for their actions and to ensure those harmed are compensated.

SOURCE:  GRAND TERRACE: Driver killed in crash while arguing, the Press Enterprise, June 29, 2013, by Brian Rokos

Fatal Accident in Muscoy Involves Suspected Drunk Driver

Last Thursday, a head-on collision involving a suspected drunk driver in Muscoy (a small town in San Bernardino County) took two young lives who were riding in the same car.  According to the Press Enterprise, the crash occurred at about 10:00 p.m. on Cajon Boulevard, just south of Fifth Avenue.  The two victims, Ismael Ramires Mejia, 26, and his 19-year-old passenger, Lauriano Mejia Ramirez, were traveling southbound in a Nissan Maxima when their vehicle was struck by a northbound Dodge pickup truck.  The driver of the truck, 36-year-old Felix Roman Nava, has been arrested for investigation of drunken driving and vehicular manslaughter.  

Drunk Driving Statistics

According to the National Highway Traffic Safety Administration, more than 10,000 people die each year in accidents involving an alcohol-impaired driver.  That equates to one person being killed by a drunk driver every 51 minutes.  Not too surprisingly, given these numbers, an estimated 4 million adults reported driving while impaired in 2010.  According to the United States Department of Transportation, in spite of the still shocking numbers, there have actually been fewer and fewer alcohol-related fatal accidents in the last three years.  Accidents like the one above, however, are a shocking reminder that we still have a long way to go in terms of preventing these senseless tragedies.

Remedies for Those Impacted

When an drunk driver causes an injury-accident, the victims have a number of civil remedies available to them.  While the criminal justice system will take care of punishing the offenders, the civil justice system is available to compensate (to the extent possible) the victims and their families.  Personal injury and wrongful death lawsuits are often the only way someone victimized by a drunk driver will have a chance to get their life back on track.  Monetary compensation can at least take the financial burden off of the victims, and place it where it belongs, on the drunk driver.

If you have been injured or a family member has been killed by a drunk driver, contacting a personal injury attorney who handles such cases is an important first step toward obtaining compensation.

SOURCE:  MUSCOY: Motorist jailed in DUI wreck that killed 2, the Press Enterprise, June 24, 2013, by Richard Brooks

Fullerton Bicyclist Killed in Collision with Truck

Thursday afternoon a female bicyclist was killed in an accident with a FeEx truck at an intersection in Fullerton.  According to KABC News , the accident happened at 2:18 p.m. at the intersection of Nutwood Avenue and Ladera Vista Drive.  The victim, described as a young woman who appeared to be in her 20s, was apparently traveling eastbound on Nutwood at the time of the accident.  The FedEx driver was reportedly turning left onto Nutwood from northbound Ladera Vista when the collision occurred.   Paramedics who responded pronounced the victim dead at the scene.   The precise cause of this tragic accident is still under investigation, and anyone with information should call the Fullerton Police Department at (714) 738-6813.

The Cause and Scene of the Accident

The intersection where the above accident happened is in the middle of a residential neighborhood. The corner is a unique configuration without the usual 90 degree angles.  It's not clear how the accident happened or whether the layout of the intersection somehow contributed to this tragic accident.  Given the location of the limit line for northbound Ladera Vista traffic, it seems possible the driver of the FedEx truck could have had a difficult time seeing a bicyclist heading eastbound on Nutwood. There are two trees on Nutwood that could have blocked the driver from seeing the bicyclist.  A careful reconstruction of the accident should reveal whether the driver's line of sight was impaired in some way.

Is This a Case Involving an Apportionment of Fault

Accidents like the one above often involve an apportionment of responsibility.  In general, when a driver and a bicyclist collide, the driver will often contest responsibility based on the fact they were unable to see the cyclist until it was too late to take evasive action.  The bicyclist will often contend their right-of-way was violated by the driver.  It is not uncommon for there to be some truth to both positions, and the driver and the cyclist will share the responsibility for the collision.  The question as to which party will bear the greater fault is often a question resolved by way of expert testimony.  Experts are often retained by the parties to reconstruct how and why the accident happened, and it is their testimony upon which juries often rely.

If you have been seriously injured or a family member has been killed in a bicycle accident, contacting an Orange County injury attorney for a free consultation is perhaps the best way to find out about your rights to compensation.

SOURCE:  Fullerton bicyclist struck, killed by FedEx truck, KABC News, June 20, 2013, Orange County News

Minor Injury Accidents and Insurance Bad Faith

Late last night the diver of a Lexus traveling westbound on the 91 Freeway escaped serious injuries when a big rig trailer toppled over on their car.  According to KNBC News, the accident happened near State College Boulevard in Anaheim at about 11:30 p.m.  The trailer was carrying roughly 32,000 pounds of alfalfa when the accident occurred.  The dramatic photo of the accident scene shows just how lucky the driver was to survive the crash.  The truck driver was uninjured.

Cause of the Crash

While the precise cause of the crash has not yet been released, the law generally requires that truck drivers carry loads that are safe and do not present a hazard to the public.  For example, the Federal Code of Regulations requires truck drivers to ensure the loads they are carrying are safe from shifting or falling (Code of Federal Regulations, Title 49, §393.100).  In the case above, it is possible the 32,000-pound load shifted during a turning maneuver, causing the trailer to topple over on the Lexus.  It is unknown, however, what role, if any, the car's driver had in the happening of the accident.

Insurance Issues With "Minor-Injury" Accidents

The approach insurance carriers have taken over the years toward "minor injury" accidents has changed, and not for the better.  This new and more "stingy" approach has likely increased the number of lawsuits filed within the State of California.  The insurers now typically offer less compensation to victims which leads to a greater likelihood a lawsuit will have to be filed to resolve the claim.  Aside from court congestion, this also creates a potential problem for people trusting their insurance company to protect them.  For example, with the internet accessibility of court records now, anyone sued in relation to an automobile accident will have their name listed on a court's website.  Prospective and current employers, creditors and prospective creditors can now access this information, which could prove very harmful to those people the insurance companies are paid to protect, their policy holders.  Should an insurance company's bad faith approach lead to their policy holder's lost job or loan opportunity?

SOURCE:  Driver Rescued From Lexus With Big Rig Trailer on Roof, NBC News, Southern California, January 20, 2013, by Jonathan Lloyd

Motorcycle Rider in Long Beach Crashes Into Minivan, Killing Two

A motorcycle rider and a woman driving a minivan were killed in an early morning accident yesterday in Long Beach.  According to the Press Telegram, the motorcyclist was speeding away from a CHP officer when the accident occurred.  The collision happened just after 6:00 a.m. at Wardlow Road and Norwalk Boulevard.  The rider, identified as 23-year-old Frank Aldana Escalante, was apparently traveling at a high rate of speed when the impact occurred, as the crash was enough to send the minivan rolling over several times.  The woman in the van, identified as Marianne Krone, 65, was alone in her vehicle at the time of the crash.  Citing official sources, the Press Telegram reported that Escalante had been chased on the southbound 605 Freeway at speeds up to 100 mph.  The pursuit was abandoned when Escalante left the freeway, and the crash occurred a short time later. 

Liability of the Police For the Accident

Generally, a police department is not liable when someone they are attempting to arrest flees and causes a motor vehicle collision.  In California, under Government Code § 845.8, subd. (b), neither a public entity nor a public employee is liable for any injury caused by an escaping or escaped arrested person or a person resisting arrest.  The statute immunizes public entities and employees from the entire spectrum of potential claims caused by people who are actually or about to be deprived of their freedom, and who take physical measures of one kind or another to avoid the constraint or to escape from it.  However, where an officer drives recklessly during an emergency situation, there may still be liability on the part of the public entity and the employee.  

Liability of Motorcycle Rider

In the case above, assuming the accuracy of the facts reported by the Press Telegram, Escalante (actually his insurance carrier) would be liable for the death of Krone, who apparently had no role in the happening of this accident.  Clearly, fleeing the police and riding a bike at roughly 100 mph is negligent, and perhaps more accurately, reckless.  It seems likely that excessive speed was a factor in this fatal crash, especially since the force of the motorcycle's impact with the van was enough to flip the van over several times.  The surviving family members of Krone have the legal right to bring a wrongful death action against Escalante's insurance carrier, assuming that he had one.  If not, then the family would still be entitled to pursue a claim via their own automobile insurance policy under what is called the "uninsured motorist provision."

If you have been seriously injured or a loved one has been killed by a reckless driver, or motorcycle rider, then a free consultation with an injury attorney may be the first step toward obtaining fair compensation for the injuries and losses sustained.

SOURCE:  Long Beach crash that killed 2 involved motorcyclist allegedly speeding away from CHP (updated),  Long Beach Press Telegram, June 18, 2013, by City News Service

Eight Vehicle Collision on Northbound 14 Freeway Results in Twelve Injured

At least eight vehicles were involved in a  crash on the northbound 14 Freeway this afternoon, resulting in injuries to twelve people including two who were critically injured.  According to KABC News, the collision happened at about 4:30 p.m. on the Antelope Valley Freeway Monday south of Escondido Canyon Road in Agua Dulce.  Apparently, a white pickup truck was traveling southbound in the northbound lanes which triggered the string of collisions.  Some of the injured were transported to Henry Mayo Newhall Memorial Hospital while one person was reportedly flown to Antelope Valley Hospital.  The precise cause of the accident is still under investigation.

Area of The Accident and Its Cause

The northbound 14 Freeway in the area of the collision is in a fairly desolate area, and it is unknown where the southbound white truck got into the the northbound lanes, since there is a raised, concrete divider separating the directions of travel.  Assuming the truck's driver was traveling the wrong way at the time of the collision, and absent an unforeseeable medical condition causing that wrong-way driving, liability would seem to clearly rest with the truck driver.  Unfortunately, in multi-vehicle, multi-injury accidents like this one, it is fairly common to find out the driver causing the accident does not enough insurance coverage or assets to pay for all of the claims brought against them.  With two critically injured parties, the likelihood is that the injured parties in this collision will have to accept only partial compensation for the injuries and damages sustained.

Insurance Coverage and Limits on Coverage

Most auto accident claims boil down to a determination of fault and an examination of the policy limits for the at-fault driver and injured party.  When more than one party is injured and more than one party might be at fault, then the division of available insurance policy proceeds can become difficult and complicated.  Usually, cases like the one above will not only involve consideration of the at-fault party's insurance but also the "underinsured motorist" (UIM) coverage available (if any) to the injured party.  In California, if the driver of the car causing the accident has a lower insurance policy limit than the injured party, the person injured can make two claims: one against the at-fault driver and one against their own automobile insurance company, for payment of UIM benefits.  For example, if the at-fault driver has a $15,000.00 liability limit, and you (the victim) have a $100,000.00 UIM limit, then you could receive $15,000.00 from the adverse driver's insurance company and another $85,000.00 from your own insurance.

SOURCE:  Wrong-way driver causes 8-car pileup on NB 14 Freeway, lanes closed, KABC News, June 17, 2013

Pico Rivera Crash Leaves Three Dead Near 605 Freeway

Last night at about 8:30 p.m., a Honda Civic carrying five people apparently went out of control and crashed into a Nissan Sentra in Pico Rivera, resulting in three fatalities.  According to KTLA News, the accident happened on San Gabriel River Parkway near the intersection of Rose Hills Road.  The driver of the northbound Honda was killed immediately, and three backseat passengers, all children, were ejected and two of them died.  The third is in critical condition.  The front seat passenger in the Civic was taken to the hospital in critical condition, and the two occupants of the Nissan were hospitalized in serious condition.  It is unknown why the Honda went out of control, and the accident is still under investigation.

Cause of This Tragic Accident

While it is unknown what exactly caused the Honda's driver to lose control, there are indications from authorities that the vehicle was traveling at a high rate of speed before the crash.  Given the devastation at the scene of the crash, it is easy to believe this was indeed a high-speed collision.  Even more tragic than the apparent senselessness of this horrific collision is the fact that three children were in the back seat of the Honda, and they were ejected from the vehicle.  It is unknown whether they were wearing seatbelts or whether, even if they were, they were old and large enough to be without a child seat.  

The Scene of the Accident

The area where this accident occurred is curved, somewhat sloped and it has only one traffic control device, a stop sign for northbound traffic.  While the accident cause is still under investigation, it seems possible the driver of the Honda ran the stop sign near the freeway onramp and struck the Nissan as it was attempting to turn left onto the freeway.  The exact point of impact will have to be determined in order to resolve this issue, and whether the configuration of the roadway somehow played a role in the accident.

If you have been injured or a loved has been killed in a traffic accident, a free consultation with an experienced injury attorney is a good way to find out about your right to compensation.

SOURCE:  Pico Rivera Crash Kills 3, Including 2 Children, KTLA News, June 14, 2013, by Kellan Connor

Anaheim Hit-and-Run Leaves Bicyclist Critically Injured

Last night, just before midnight, a teenage bicyclist was struck on Harbor Boulevard and critically injured by a driver who fled the scene.  According to KABC News, the accident happened in the 900 block of Harbor near the intersection with La Palma Avenue.    The teen, identified only as a boy between 16 and 18 years old, was found face down in the street by a Good Samaritan, Angelina Lucero.  The boy remains in critical condition at UCI Medical Center in Orange.   No suspect and no vehicle have yet been identified in this hit-and-run crime, and anyone with information should immediately contact the Anaheim Police Department at (714) 765-1900.

Liability For This Accident

Regardless of how this accident happened, there is no excuse for a driver to critically injure someone (especially a young boy alone) and then leave the scene.  Typically, such actions reflect consciousness of guilt, and it can be fairly assumed the driver realized they had done something wrong.  The area where the accident happened is right by a school (Horace Mann Elementary) and a number of residences.  Anyone driving through that area should be well aware of the fact that pedestrians and bicyclists are often nearby and sometimes crossing the street.  As for lighting, since the accident happened at night, there are a number of street lights near the accident scene, which should have assisted the driver in seeing the victim prior to the impact.

Anaheim Accident History

The City of Anaheim ranks fairly high in terms of the number of accidents it has had in the past, according to the California Office of Traffic Safety.  In fact, as far as total injury and fatal accidents, Anaheim ranks fourth out of the thirteen cities measured with a population of more than 250,000 people.  In other words, only three cities were more dangerous in terms of the number of injury or fatal accidents.  Somewhat surprisingly, the city was much better statistically in terms of bicycle accidents than it was in most other accident categories measured.

    

If you or a loved one have been injured in a bicycle accident, contacting an Orange County auto accident attorney is likely the most important step toward obtaining compensation for the injuries and damages sustained.

SOURCE:  Teen bicyclist hospitalized after Anaheim hit-and-run; driver sought, KABC News, June 13, 2013, by Darsha Philips

MTA Driver Killed in Accident With Tow Truck

Early this morning a tow truck and bus collided at an intersection in Los Angeles, causing the death of the MTA driver.   According to KABC News, the preliminary investigation suggests the driver of the tow truck was speeding and ran a red light, before colliding with the bus.  The tow truck, driven by a 30-year-old male, caromed off of the bus and into a 7-Eleven store at 457 S. Broadway.  The bus driver, a 35-year-old female,  was taken from the scene to a local hospital in critical condition, where she later died.  The driver of the tow truck also suffered serious injuries in the accident, and an employee inside the convenience store sustained minor injuries.  

Liability For This Tragic Accident

While the full investigation into this horrific accident is far from complete, the preliminary impression of the law enforcement officials is that the driver of the tow truck was speeding at perhaps 60 miles per hour.  The area of the accident has a 30 mph speed limit.  Consequently, if the tow truck driver was both speeding and ran a red light, then liability against him and likely his employer would be established as a matter of law.  When someone violates a statute intended for safety reasons (such as laws having to do with speeding and red light violations), then that person is found liable for "negligence per se."  In other words, what was done is something no reasonable person would do in that situation.  In the case above, it is easy to see that no reasonable person would drive 60 mph in a 30 mph zone and then run a red light.

Responsibility of The Tow Truck Driver's Employer

Assuming that the tow truck operator was at fault, the next question in a civil case would be whether he was in the "course and scope" of his employment at the time.  It is unknown whether the driver was on his way to perform services for his employer or whether he was simply on his way to his usual workplace.  In California, if an employer asks their employee to run a special errand (as opposed to simply driving to their usual office or workplace), then the travel to and from the errand location is considered within the driver's course and scope of employment.  Simply driving to and from work is generally not within the scope of employment.

If you have been injured or a loved one has been killed by a careless driver, contacting an auto/bus accident attorney is an important first step toward obtaining compensation for injuries and other losses suffered.

SOURCE:  MTA bus driver killed in downtown LA crash involving tow truck, KABC News, June 12, 2013, by John Gregory

OC Hospitals See Downward Trend in Report

Nearly a third of California’s hospitals had worse in-patient death rates for various procedures and conditions than the statewide average during the two-year period, between 2010 and 2011, according to the Office of Statewide Health Planning and Development.  

The report, released on Monday, documents Inpatient Mortality Indicators (IMIs) for California hospitals in an effort to improve the quality of patient care and to help consumers make more informed healthcare decisions, among other reasons.  Interestingly, Orange County Hospitals fared pretty well in the 2010-2011 study.

Orange County Hospital Ratings

In the 2011 report from the OSHPD, Orange County hospitals received seven "Better" ratings and only three "Worse" ratings than the Statewide averages for the particular procedure performed or condition treated.  While this would seem to be a solid performance for 2011, the ratings of Orange County hospitals in 2010 were actually better.  In fact, in 2010 Orange County facilities received fourteen "Better" ratings and only three "Worse" ratings.  It is unknown whether this downward trend is a reflection of a drop in the quality of care or simply a statistically insignificant change.  

Medical Malpractice in Orange County

In spite of the number of patient injuries and deaths documented in Orange County each year, very few patients or their families are actually compensated for their losses.  Malpractice lawsuits in this county rarely result in a verdict in favor of the patient, and doctors/hospitals prevail the vast majority of the time.  Unfortunately, juries tend to favor doctors, and that bias translates into defense verdicts and physicians being held accountable for their mistakes only a small percentage of the time.  

If you or a loved one has been injured by what you believe is medical neglect, contacting an Orange County malpractice attorney is likely the best, first step toward determining whether you have a valid case.

SOURCE:  AHRQ - Inpatient Quality Indicators (IQIs), Hospital Inpatient Mortality Indicators for California, 2010 and 2011, Office of Statewide Health Panning and Development, June 10, 2013

Wrong-Way Driver Kills San Bernardino Doctor

On Friday morning, a 66-year-old doctor was killed in an auto accident with a wrong-way driver in San Bernardino.  According to the Press Enterprise, the crash occurred at Waterman Avenue and Marshall Boulevard just before noon.  The victim, Allen Newton, M.D., from Lake Arrowhead was traveling south on Waterman when a northbound pickup truck, driven by 33-year-old Brian Bohn, crossed the double yellow line and crashed head-on into the Ford Taurus being driven by Dr. Newton.  Reportedly, Bohn was arguing with his female passenger at the time of the accident.  There was also a 6-month baby in the truck, and all three occupants were taken to the hospital with critical injuries.  Dr. Newton was an anesthesiologist practicing at St. Bernadine Medical Center in San Bernardino and graduate of Loma Linda University School of Medicine.

The Cause of the Accident and Wrongful Death Claim

The collision above is nothing short of a shocking tragedy, and it is unknown whether it should truly be characterized as an "accident", since it appears it may have been intentional or at least reckless.  Bohn's actions do not appear to have been related to anything having to do with the roadway since it is flat and straight in the area of the accident.  It is almost inconceivable that someone could intentionally drive their vehicle into opposing traffic with a woman and baby in the car.  The police investigation and charges eventually brought against Bohn, if any, will be very telling in terms of why this crash occurred.  One life has been cut short and three others may never be the same because of this collision.

Wrongful Death and Personal Injury Claims

The two passengers in the Bohn vehicle, the woman and the 6-month-old child, likely have meritorious claims against Bohn for their injuries and damages.  In addition to these very serious injury claims, Dr. Newton's family may also have a claim for wrongful death.  Under California law, the doctor's surviving spouse and children may bring a civil action to recover for the loss of their loved one.  Wrongful death claims in this State are purely a creation of statutory law, and before the statute was enacted, the bodily injury claim of someone killed in an accident simply terminated with the death.  That seemingly unfair law was changed a number of years ago, and now particular members of a decedent's family (those who would inherit from the deceased) are entitled to pursue a wrongful death claim.  The damages recoverable include the loss of the relationship and support the deceased would have provided had they not been killed.

If you have ben seriously injured or a family member has been killed in an automobile accident, a free consultation with a trial attorney is perhaps the best way to help understand your rights under the law.  Not every injury or death is the result of the type of carelessness or recklessness recognized under the law.

SOURCE:  SAN BERNARDINO: Head-on crash killed St. Bernardine doctor, June 9, 2013, by Richard Brooks

Colton Police Cleared in Yet Another Shooting

The San Bernardino County District Attorney's office has found that Colton police officers were justified in shooting an unarmed man 13 times.  According to the Press Enterprise, the officers fatally wounded the suspect after a high-speed chase on July 31, 2012, when the suspect allegedly reached for what the officers thought might be a weapon.  A total of 20 rounds were fired at Trevor Michael Taylor, just 22 years old when he died, after he reportedly dropped his hands and leaned forward, contrary to instructions from the Colton officers.  The DA's office apparently concluded the shooting was justified given the "totality of the circumstances."

The Use of Deadly Force

Under California law, police officers are given considerable leeway when it comes to the use of force against someone being arrested or detained.  This is true even where the officer uses deadly force.  The “reasonableness” of a particular use of force is judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.   In general, the question is whether the officer's actions are “objectively reasonable” in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.  However, the use of deadly force is only justified when a reasonable law enforcement officer would reasonably believe that there was an immediate threat to the safety of the officer or others at the time the force was used.

The Colton Police Department Shootings

The above case is not the first time that Colton officers have been involved in the shooting of a suspect, only to be cleared later by the District Attorney's Office.  For example, a man involved in a fight outside of a Colton bar was shot by a Colton police officer once in the torso, even though the suspect apparently had no weapon.  The District Attorney's Office cleared the officer of any wrongdoing.  More recently, two officers who fatally wounded a 19-year-old carjacking suspect were cleared after the shooting.  The suspect, David Romero, reportedly tried to run down the officers in a stolen van before he was shot in the head.  According to an article in the Daily Bulletin, no charges were filed against the officers.

When a law enforcement officer involved in a shooting or other alleged excessive use of force is cleared by the District Attorney's office, it does not mean a successful civil rights claim cannot be pursued by the victim or their family.

If you or a loved one has been the victim of what you believe was excessive police force, contacting an experienced injury attorney may be the best way to determine whether your potential case can be pursued.

SOURCE:  COLTON: Police justified in shooting unarmed man, DA says, the Press Enterprise, June 6, 2013, by Richard K. De Atley

Wrongful Death Law Against MONSTER Ordered to Mediation

A products liability action against MONSTER Beverage alleging the wrongful death of a 14-year-old girl has been ordered to mediation by a Riverside County judge. According to CNBC News, the court ordered that the case be mediated prior to November 26, 2013.  The alleged victim, Anais Fournier, reportedly died within 24 hours after consuming two MONSTER drinks.  A coroner's report from Maryland, where Anais died, indicated that she died of a cardiac arrhythmia due to caffeine toxicity.  Anais apparently had a per-existing heart condition that may have played some role in her death.  The Fournier family alleges that the MONSTER drinks should not be marketed to or consumed by children or those with a cardiac condition.  MONSTER has denied that their drinks are dangerous.  The U.S. Food and Drug Administration is also investigating a number of other deaths to determine whether they were the result of consuming MONSTER drinks. 

Products Liability Claims For Defective Products

The lawsuit above has been filed with the Riverside County Superior court alleging that the MONSTER drinks consumed by Anais Fournier were unreasonably dangerous.  Under California law, a product (such as an energy drink) may be dangerously defective if there is a failure to warn consumers of potential risks, side effects or allergic reactions and that the product presented a substantial danger when used or even misused in an intended or reasonably foreseeable way.  In the Fournier case, it is likely the family is contending there should be a warning to teens and those with a heart condition that the MONSTER drinks may pose a danger or at least the risk of causing a heart problem, or even death.  In addition, under the law, that lack of a warning has to be a "substantial factor" in causing injuries or death.  In other words, it must be shown that the failure of MONSTER to warn teens and those with a heart condition about the risk of a heart problem contributed to Anais' death.

The Order to Mediation

In California courts, the trial judge has the option of ordering the parties to a lawsuit to mediate their case before a neutral third party.  What this typically means is that the parties (through their attorneys) will select either an experienced attorney or a retired judge to preside over a mediation, an informal hearing at which the parties and the mediator discuss settlement.  While the parties are not obligated to take the advice of the mediator, they generally do give the mediator some deference since it was the parties who selected him or her, presumably because of their expertise.  Mediations result in settlement much more often than not, and this is particularly true where the parties have voluntarily agreed to mediate their dispute and conduct themselves in good faith.

If you or a loved one has been seriously injured because of a defective product, a free consultation with a product liability attorney is often the first and most important step to take toward obtaining compensation.

SOURCE:  Wrongful Death Suit Against Monster Beverage Heads to Mediation, CNBC News, Food and Beverage, May 31, 2013, by Jason Gewirtz

Trailer Accident in San Diego Critically Injures 4-Year-Old

On Sunday afternoon , a man driving a Nissan pickup and pulling a watercraft trailer apparently lost control and struck a guardrail in San Diego.  According to KTLA news, the Nissan flipped over and then came to rest on its side.  The driver of the truck, 40-year-old Angelo Fabiani Arroyo, unfastened his son's safety belt, and the 4-year-old boy fell 10 feet to the ground.  Arroyo ran from the scene, and other motorists took care of the child until emergency personnel arrived.  The boy sustained major head trauma and was in critical condition at Rady Children's Hospital.  Anyone with information concerning the location of Arroyo has been asked to call the CHP at (619) 220-5492.

Cause of This Accident and Trailer Safety

While the precise cause of the accident above is unknown, some witnesses apparently indicated that the Arroyo vehicle simply drifted to the right of the roadway and into a guardrail for some unknown reason.  This could be a reflection of driver inattention, distraction or impairment.  However, accidents involving vehicles pulling trailers are fairly common and certain safety precautions should be taken before and while pulling a trailer, according to the California Department of Motor Vehicles.  Trailer-related tragedies are not unique, and they are often reported in the news media.

Fleeing the Scene of An Accident

As mentioned in the KTLA story, Arroyo fled the scene of this tragic accident after he apparently unbuckled his son, causing him to fall 10 feet to the ground.  Arroyo's flight could have been from the shock of the situation or because of his consciousness of guilt for having caused the accident or his son's fall, or both.  It is impossible to fathom what would cause a father to leave their badly injured child laying in the middle of a freeway.  Putting aside the inhumanity, fleeing the scene of an injury accident in California is actually a crime, and Arroyo is likely to have to answer for that and the injuries to his son.

If you or a loved one have been injured in an auto accident caused by someone else's negligence, contacting an injury attorney should be the first step to obtaining compensation for the injuries and damages sustained.

SOURCE:  CHP Seeks Driver Who Fled Accident, Leaving Injured Child, KTLA News, June 3, 2013, by Kennedy Ryan