Proving Your Slip and Fall Claim

Slip and fall accidents are a fairly common occurrence in stores and on sidewalks in Orange County.  When a walking surface is covered with something slippery, falls will inevitably occur.  Sometimes, these accidents lead to devastating injuries, and victims are abandoned by the property owners, receiving little or no compensation for their injuries and damages.  The difficulty with proving and winning these cases is often caused by the failure of the victim to document the conditions and cause surrounding their fall.  In today's world, dangerous conditions can be easily documented with a cell phone camera, and it is always a good idea to take pictures that can be later used as evidence after a fall.

The Subject Matter

One of the most common areas for slip/trip and falls to occur is within a store.  When your eyes are trained on signs and products, you will rarely be looking at the floor ahead, other than in a normal, eyes forward fashion.  Retailers want you looking at their advertisements, pricing and products that are found at eye-level, and that is why they are placed there.  Stores do no generally market their pricing and merchandise on the floor.  Consequently, it is only after a fall (at least typically) that a victim sees for the first time what caused their accident.  Once the cause is discovered, say for example water on a linoleum floor, pictures should be taken to document the condition.  If injuries prevent the victim from doing this, then friends or family members at the scene should take the photographs.  If a dangerous condition is likely to be cleaned up or otherwise remedied after a fall, the failure to document the condition would likely at least compromise a victim's chances of receiving compensation for their injuries and damages.

Keeping the Legal Standard in Mind

Simply because a fall happens on someone else's property or a business does not mean the property owner or business proprietor will be responsible for the injuries sustained.  It must be shown that the owner/proprietor knew or reasonably should have known of the dangerous condition in sufficient time to prevent the accident.  This is called "notice", and it can be either "actual" (such as where the store's employees were told of the danger) of "constructive", which is where the condition should have been discovered through reasonable inspection.  In the retail setting, taking photographs of a spill on the floor is helpful but what is even better evidence of notice are photographs of tracks or foot prints through the spill, proving there was sufficient time before the accident for the store's employees to have discovered.  Photographic evidence that either establishes notice, or at least helps to establish it, can all but win the case for the injured party.

If you or a loved one has been injured in a fall accident, a premises liability attorney can be of assistance in assessing the potential merit of such a case.  

101 Freeway Accident - One Killed and Two Seriously Injured in Suspected DUI Crash

On Sunday morning at about 4:00 a.m., a 24-year-old man was killed and his two passengers were badly injured in a rear-end accident on the 101 Freeway in Encino.  According to the ABC News Report, the victim's car, a Toyota Scion, had stalled on the freeway just before  the fatal accident.  The driver of the Scion, Alfredo Alvara, got out of his vehicle before he and his car were struck by a Toyota Forerunner, driven by a suspected drunk driver, 30-year-old Robert Graves of Reseda.  The two passengers in the Scion, 30-year-old Erica Monge and 23-year-old Teresa Oporto, were critically injured.  Graves and his passenger suffered only minor injuries.  According to the news report, Graves is now facing DUI and manslaughter charges.  

Dangerous Times to Drive

The accident above happened at about 4:00 a.m., when there are generally fewer cars on the road.  In fact, the fewest crash-related deaths occur between 4:00 a.m. and 5:00 a.m., according to the National Highway Traffic Safety Administration.  However, the instances of drunk driving, speeding and driving without a safety belt all significantly increase during the night hours and each contributes directly to increased fatality rates, according to a Forbes report.  In the case above, the driver who rear-ended the stalled vehicle is suspected of driving drunk, and 54% of crashes occurring at night are alcohol-related.  While it is conceivable that intoxication may not have played a role in the accident, the suspected drunk driver would have to convince a jury that he could not see the Alvara vehicle stalled in the roadway in sufficient time to avoid a collision.  Whether the Scion's lights were on, whether the emergency flashes were illuminated and the amount of artificial/street lighting in the area will all be factors in making this determination.

If you have been injured or a loved one killed in a DUI-related accident, contacting an experienced auto accident attorney is perhaps the best way to learn about your rights and the merit of a claim.

SOURCE:  101 Freeway crash in Encino: Driver of stalled car hit, killed, ABC Los Angeles News, July 28, 2013, by Amy Powell

Fiery Crash in Yorba Linda - Victim Rescued by O.C. Sheriff's Deputies

Last Thursday at about 2:45 a.m. two Orange County Sheriff's Deputies rescued a 49-year-old man from his burning vehicle in Yorba Linda.  According to NBC News, the O.C. Deputies, Shane Steiefel, and his partner, Gilbert Lascurain, came across a taxi cab (minivan) that had crashed into a pole and was on fire.  The driver was incoherent, and his foot was apparently still on the accelerator when the Deputies approached.  Not sure what they were dealing with, Steifel and Lascurain ordered the driver out of the vehicle at gunpoint.  Once it was apparent the driver was not responding and the fire was about to envelope the passenger compartment, the deputies pulled the victim from the burning vehicle, which exploded into flames within about 20 seconds.  Paramedics at the scene indicated the victim could have suffered from diabetic shock.  The entire incident was caught on dashboard video.  

Medical Emergencies and Motor Vehicle Accidents

Automobile accidents caused by a driver's medical emergency are relatively rare.  According to the National Highway Transportation Safety Administration, such accidents only account for about 1.3% of all motor vehicle crashes.  Not surprisingly, medical emergency related accidents are most common among the elderly population.  Most of these accidents involve a driver who is alone, and they most commonly occur after the vehicle has left the roadway.  More often than with other types of crashes, medical emergency related crashes tend to be more often fatal.  The most common medical conditions are seizure, black out and diabetic reaction.  Most drives involved in these accidents, roughly 74%, were aware of the underlying medical condition that caused the emergency.  This is why it is so important for drivers with a re-existing medical condition to take appropriate steps to protect themselves  and other motorists.  They should always ensure their medication levels are what they should be before driving for a long period of time.  There should always be a detailed discussion with your doctor about what steps should be taken if you have a condition that might lead to a medical emergency behind the wheel.

If you or a loved one has been involved in an accident caused by another driver's medical emergency, contacting an Orange County personal injury attorney may be the best and most important step toward obtaining compensation for any injuries or damages sustained.

SOURCE:  Orange County Deputy Pulls Man From Burning Car in Yorba Linda, NBC News, Southern California, July 22, 2013, by Ron Rokhy and Vikki Vargas

Teenaged Boy Killed in L.A. Hit-and-Run on Crenshaw

A teenaged boy was killed on Saturday evening after being struck by a hit-and-run driver in South Los Angeles.  According to KTLA news, the 18-year-old boy was one of four teenagers crossing Crenshaw Boulevard near 77th Street at about 6:15 p.m. when the incident occurred.  The driver who simply sped away from the scene is believed to have been driving a black Mercedes Benz.  The victim was taken to UCLA Medical Center was he was later pronounced dead.  Neighbors in the area describe Crenshaw Boulevard between 76th and 80th Streets as a "raceway" as there is a five-block span within which there are no stops.  The driver is still on the loose, and anyone with information regarding the accident should contact the Los Angeles Police Department at 800-222-8477.

The Scene of the Hit-and-Run Accident

The area where this tragic accident happened is indeed on a stretch of road that is flat, straight and there are no traffic stops for drivers on Crenshaw for some distance.  The intersection of Crenshaw and 77th Street is not controlled by a light or stop sign, however, the law considers this intersection to include an "unmarked" crosswalk, an area where pedestrians can lawfully cross the street.  It is not known whether the four pedestrians were within a marked or an unmarked crosswalk at the time of the impact.  Regardless of their location, the hit-and-run occurred at about 6:15 p.m. when it was still light outside, and it is hard to imagine any excuse for a driver to hit someone who had to be visible.  There are no apparent obstructions to the view of a driver traveling on Crenshaw, and since the driver of the Mercedes fled the scene this likely shows his "consciousness of guilt."  When someone flees the scene of an accident or a crime the jury is often instructed that this conduct may reflect guilt.

How This Crime Might be Solved

It is not uncommon today for even small businesses to have constant video surveillance on their property.  In the area of this accident there are a number of small businesses that may have had a camera filming, at least in part, the roadway.  Since there were at least three witnesses to the collision and the precise time of the accident is known, the police may be able to gather substantial eyewitness and video evidence against the hit-and-run driver.  In addition to that, there may well be forensic evidence such as debris from the Mercedes and damage to the vehicle that may help LAPD identify the responsible party.

If you have been injured or a loved one killed in a hit-and-run accident, an auto accident attorney with experience at handling such cases may be able to assist you in recovery compensation for the injuries and damages sustained.

SOURCE:  Teen Dies After Being Struck in South L.A. Hit-and-Run, KTLA News, July 21, 2013, by John A. Moreno

Banning Campground Wreck Results in Fatality

Wednesday morning a traffic collision in Banning left an elderly passenger dead.  According to the Press Enterprise, the accident happened about 9:25 a.m. when an SUV broadsided the Honda in which the 71-year-old passenger was riding. Following the accident on San Gorgonio Avenue, near the KOA campground,  The victim, Jacqueline Clark from Yuma, Arizona was taken to Desert Regional Medical Center where she succumbed to her injuries roughly one hour after the crash.  The driver of the Honda was taken to the hospital and later released.  None of the occupants of the SUV, a Ford Expedition, were injured in the wreck.  The cause of the accident is still under investigation. 

Cause of the Accident

According to the news report, the Honda was exiting the "KOA Kampground", and the Expedition was traveling northbound on San Gorgonio when the collision occurred.  The exit from the campground onto San Gorgonio is not controlled by a stop sign or a traffic light.  In addition to that, because of signs and a curve in the road, it may be difficult for drivers leaving the campground to see northbound vehicles on San Gorgonio.  While the driver of a vehicle "about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic.." , the cross-traffic must then "..yield the right-of-way to the vehicle entering or crossing the intersection." (California Vehicle Code Section 21804)  What this means is that once the driver entering the roadway is safely in the intersection, cross-traffic then has to allow the entering vehicle to proceed safely.  Here, it is unknown where the precise point of impact occurred or whether the signs/rocks at the intersection played some role in the happening of the accident.  Those two factors will likely determine the party or parties responsible for this tragic accident.  

Comparative Fault

Assuming there is more than one party at fault for an accident, the responsibility can be divided (apportioned) under California law.  Even where the injured party shares some of the fault, they may still recover for that portion of their damages caused by other parties.  This has long been the law in California, and it serves a very legitimate purpose:  to ensure every party is held accountable when they are negligent.  A driver who is largely at fault should not be excused for the damages they cause simply because another party or parties may have been partly to blame.  Consider the injustice if the law allowed a careless party, 90% at fault for another person's injuries, to escape any liability simply because the one injured was 10% at fault.

If you have been injured or a loved one killed in an auto accident involving complicated issues of comparative responsibility, contacting an auto accident attorney is often the best way to a full understanding of your rights.  

SOURCE:  BANNING: Traffic collision kills elderly woman, the Press Enterprise, July 17, 2013, by Richard Brooks

Four-Year-Old Killed in Azusa Car Accident

A four-vehicle car crash last night in Azusa proved fatal for a 4-year-old girl.  As reported by KABC News, this tragic collision involved two passenger vehicles, a truck and a transit bus at the intersection of Citrus Avenue and Gladstone Street at about 8:30 p.m.  The little girl was apparently one of three children injured, and all were taken to the hospital after the accident.  The 4-year-old succumbed to her injuries, but the other two children's injuries were not believed to be life- threatening.  Four adults were hurt in the accident, including two passengers aboard the bus who complained of pain at the scene.  The cause of this accident is under investigation.

The Scene of the Accident

The area where the accident occurred is a typical four-way intersection controlled by tri-phase traffic signals, and it is hard to imagine how four vehicles could be involved there in the same accident.  The City of Azusa has a below average ranking for cities of similar size in terms of motor vehicle accidents, according to the California Office of Traffic Safety.  The City ranks 14th out of 93 in terms of fatal and injury accidents.  In other words, of cities with a comparable population, Azusa is only safer than 13 cities, but worse than 79.  While the precise cause of the accident is unknown, there is little doubt the police investigation should reveal which of the four drivers was primarily at fault.

Wrongful Death Law in California

Under California law, the recovery of compensation in a wrongful death lawsuit includes both economic and noneconomic damages.  As for economic damages, the parents of a minor child may be entitled to recover:  (1) The value of the financial support, if any, that the minor would have contributed to the family during either the life expectancy that minor had before their death or the life expectancy of  the parents, whichever is shorter; (2)  The loss of gifts or benefits that the parents could have expected to receive from their child; (3)  Funeral and burial expenses; and (4)  The reasonable value of household services the child would have provided.  The non-economic damages include: loss of the child's love, companionship, comfort, care, assistance, protection, affection, society, and moral support.  The combination of these damages make up the compensation parents can recover if their child was fatally injured by someone's neglect.

If you have lost a loved one because of what you believe was someone else's negligence, contacting a wrongful death attorney can be the best way to find out about your rights to compensation under the law.  No amount of money can ever bring things back to the way they were before an accident, but monetary compensation can sometimes help lessen the financial burden.  At a minimum, a civil claim help to ensure accountability for those who are negligent and cause injuries or even death. 

SOURCE:  4-year-old girl killed in Azusa multi-vehicle accident, KABC News Los Angeles, July 16, 2013

Fatal Pedestrian Accident in Riverside Involves Suspected DUI Driver

A pedestrian was killed early this morning in Riverside when the driver of a pickup truck lost control and drove onto a sidewalk.   According to the report by KABC News, the 43-year-old victim was being struck by a suspected drunken at about 2:30 a.m. in Riverside.  The accident happened at about 2:30 a.m. near the intersection of Crest Avenue and Babb Avenue.  According to witnesses, the driver, 19-year-old Mena Joel Guzman, was driving north on Crest when he could not negotiate a curve and drove onto the sidewalk.  The pedestrian, who has yet to be identified, was pronounced dead at the scene.  Guzman was subsequently arrested for vehicular manslaughter and felony DUI and booked into jail.  The Riverside Police Department's Major Accident Investigation Team is still investigating the cause of the crash and anyone with information is asked to call Detective Ken Madsen at (951) 826-8723.

Scene of the Accident

The scene of the accident is in a residential area and the intersection is somewhat angulated beyond the normal 90 degrees.  While the roadway configuration may have played some role in this accident, it will take a full blown accident reconstruction to make that final determination.  When a roadway is inherently unsafe and the driver impaired (due to alcohol, drugs, fatigue, etc.), it is easy to see how that would be a recipe for disaster.  While there is a stop sign at the intersection, there does not appear to be any curve warning sign for northbound Crest vehicles.  There does not appear to be many street lights in the area of the accident, and lighting will have to be evaluated to see if it was a contributing cause of this tragic accident.  One thing is clear from the description of the accident above, the pedestrian likely shares no part of the blame for what happened.

DUI Accidents in Riverside

According to the California Office of Traffic Safety, the City of Riverside is among the safer cities when compared to others of similar size.  Where Riverside does not fair well is in terms of city ranking for accidents involving people under 21 who had been drinking.  Riverside ranks 5th out of 13 in that category, meaning only four similar-sized cities are worse.  It should be remembered that California has a zero tolerance program for drivers under the age of 21 who have been drinking.  If an underage driver demonstrates a blood alcohol level of even .01 or greater they may lose their license and/or be convicted of driving under the influence.

If you or a family member has been the victim of a DUI driver, a personal injury attorney with experience at handling such cases may be of assistance in obtaining the monetary compensation allowed under the law.  

SOURCE:  Riverside suspected DUI crash: Pedestrian dead, driver arrested, KABC News, July 13, 2013, by Inland Empire news.

Two Boys Badly Injured While Riding Bicycle in Highland

Two boys, ages 6 and 9, were riding the same bicycle when they were hit and badly injured by a vehicle in Highland on Monday afternoon.  According to the Press Enterprise, the boys "darted" into the path of a truck in the 25900 block of Ninth Street and were struck.  Citing official sources, the Enterprise also reported the boys were not wearing helmets at the time of the collision, and they suffered major head and chest injuries as a result of the accident.  The driver of the westbound pickup truck, 47-year-old Lewis Johnson, stopped at the scene.  The boys were taken to Loma Linda University Medical Center and were most recently listed in stable condition.  Anyone who may have witnessed the accident should call the San Bernardino County Sheriff's Department at 909-790-3105.

The Bicycle Helmet Law in California

Under California law, "[a] person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway...or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet..." (See California Vehicle Code Section 21212)  Assuming the two boys above were not wearing bicycle helmets this would be a violation of the law, and it may ultimately impact their ability to obtain compensation for their injuries and damages.  If it can be shown that wearing a helmet would have prevented the head injuries suffered by the boys, then the insurance carrier for the driver (assuming he shares any of the responsibility for the accident) would likely deny most, if not all of the claim.  

Fault for The Accident

The accident described above is generally referred to as a "dart out" by injury attorneys and claims adjusters.  It is not at all uncommon for the investigating officer in a vehicle versus bicycle accident to make an all or nothing determination of fault, generally assigning all of the blame to the bicyclist.  However, a careful accident reconstruction (taking into account vehicle and bicycle speeds, visibility, perception-reaction time, etc.) may later reveal the accident was caused by the shared responsibility of the driver and the bicyclist.  Simply put, a careful accident reconstruction is a tedious and time-consuming process, and that much time may not be available to the officer at the scene.

If you or a loved one has been injured in a bicycle-related accident that may have been a case of shared responsibility, contacting an experienced personal injury attorney may be a good first step toward making a decision whether to pursue an injury claim.  

SOURCE:  HIGHLAND: 2 boys on bike badly hurt by car, the Press Enterprise, July 9, 2013, by Richard Brooks

Your Insurance Company's Duty to Protect You

When you are involved in an automobile accident that may have been at least partially your fault, your auto insurance carrier has an obligation to protect your interests if a claim is made against you.  The problem that often arises is the conflict of interest your carrier has with you.  Insurance companies are in the business of making money, but they are still supposed to put their insureds' interests ahead of their own.  Unfortunately, all too often auto insurance companies tend to ignore this obligation which can have serious personal and financial consequences for you.

The Duty to Defend

After an automobile accident occurs, the involved insurance companies will make at least some preliminary determination of fault for the accident.  If you are determined to be responsible for an accident and someone else's injuries, your insurance carrier has a duty to defend and indemnify you in the event of a claim.  What this means is that your insurance company is obligated to make a reasonableeffort to settle the claim against you, and they must pay the claimant (the injured party) for the injuries and damages they suffered.  This is precisely why you pay premiums for your auto insurance, month after month and year after year.

The Conflict and the Insurance Company's Obligation to You

Under California law, "[n]o insurer shall attempt to settle a claim by making a settlement offer that is unreasonably low..."  (10 California Code of Regulations § 2695.7, Standards for Prompt, Fair and Equitable Settlements)  Beyond this duty, every insurer has an obligation to attempt in good faith to settle claims within their insured’s policy limits, if that can reasonably be accomplished.   The duty to settle is imposed as a matter of public policy. "The implied obligation of good faith and fair dealing requires the insurer to settle in an appropriate case although the express terms of the policy do not impose such a duty."  (Communale v. Traders and General Ins. Co., (1958) 50 Cal. 3d. 654, 659)

What happens when an insurance adjuster makes an unreasonably low offer to the injured party?  You (and not the insurance carrier) wind up getting sued in court.  If that happens, the lawsuit against you becomes public record, and the information concerning the suit  is almost instantly available to potential creditors, prospective employers, etc.  Beyond this, you will be the one who has to be directly involved in the litigation process (answering written discovery, sitting for a deposition, appearing in court, etc.).  If your insurance carrier unreasonably fails to resolve a case against you then you may have a cause of action against the insurance company for breach of contract and bad faith.

If you have been sued in court because your auto insurance carrier has placed their own economic interest ahead of yours, you should contact an insurance bad faith attorney for a free consultation.

Street Racing Suspected in Crash That Kills Two, Injures Four

A crash that occurred in the Inland Empire on Sunday morning just before noon has left two women dead and four other people badly injured.  According to the Press Enterprise, the accident happened at about 11:35 a.m. in Winchester, at the intersection of Domenigoni Parkway and Leon Road.  Citing official sources, the Press Enterprise is reporting the driver of a white Ford Ranger was apparently racing a blue SUV when the accident happened.  The Ranger entered the intersection at a high rate of speed and struck a Lexus sedan on the passenger side of the vehicle.  The two women who died in this tragic accident, 35-year-old Rosy Vargas and 49-year-old Monica Rochin, were in the front of the Lexus, and they were killed instantly.  The backseat passengers in the Lexus, 54-year-old Felipe Rangel of Hemet, 17-year old Selena Monge of Menifee and 5-year-old Christopher Monge of Menifee, suffered moderate to severe injuries and were transported to local hospitals.  The driver of the Ford, Noel Mayorga Jr., a 38-year-old Menifee resident, was arrested on suspicion of DUI, and he remains in critical condition at Inland Valley Regional Medical Center.  The precise cause of the accident is still under investigation, and police are actively searching for the driver of the SUV who did not stop.

Street Racing and Deadly Accidents

While more prevalent in years past, street racing is still occurring with alarming frequency and, as the case above demonstrates, often with deadly consequences.  The statistics regarding illegal street racing and the fatal accidents they cause are a bit elusive, but the National Traffic Safety Administration has indicated the practice of street racing accounted for over 100 and perhaps as many as 1,000 deaths between 2001 and 2008.  While "muscle cars" are no longer as popular as they once were, the accident above shows that racing still happens even when the vehicles involved are relatively tame.  Adding to the problem in the Winchester accident was Mayorga's alleged impairment, which might help to explain why someone driving a small pickup truck would be racing an SUV in the middle of a Sunday morning.  Regardless of the reason, the impact of driving through an intersection at a high speed has had on the victims of this tragedy and their families will never be forgotten.

If you or a family member has been the victim of a street racing crash, contacting an auto accident attorney may be the best first toward recovering compensation for the injuries and damages sustained.  These cases can often have considerable complexity because of accident reconstruction and insurance issues.  

SOURCE:  MENIFEE: Women killed in suspected street racing crash identified, the Press Enterprise, July 8, 2013, by John Asbury and Sarah Burge

Suspect in Fatal Gardena Hit-and-Run Arrested

The suspect arrested on suspicion of vehicular manslaughter in connection to a fatal hit-and-run in Gardena has been identified as the daughter of a veteran LAPD officer.  According to KTLA News, the suspect, 22-year-old Vanessa Yanez, was taken into custody  on Wednesday and booked for vehicular manslaughter, perjury, filing a false police report and felony hit and run.  The accident happened on June 26th at about 9:50 p.m. when Yanez' vehicle reportedly struck the bicycle being ridden by Jesse Dotson, a postal worker on his way to work.  Citing official sources, KTLA has reported that Yanez is believed to have struck the victim and then fled the scene without rendering any kind of aid.  Dotson was taken to Harbor-UCLA Medical Center where he later died from his injuries.  A tip to the police is apparently what led to the arrest, and anyone with information regarding this accident should contact the Gardena Police Department at 310-217-6189.

Location of the Accident

According to a news report in the Daily Breeze, the accident above happened in the 1000 block of El Segundo Boulevard in Gardena, very near the Executive Inn.  That stretch of roadway is relatively flat, straight and there is no intersection near the location of the accident.  It is unknown precisely how the accident happened or what direction the vehicles were traveling.  Given it was just about 10:00 p.m., there is a good chance that lighting and visibility may have played a role in the collision.  With Yanez fleeing the scene of the crash, and therefore being unavailable for blood and/or drug testing immediately afterward, it is presently unknown whether driver impairment may have contributed to this tragedy.  Fleeing the scene of an accident is generally a sign of consciousness of guilt under the law, and this fact may be used against Yanez in court.  Since her father is a LAPD officer, as has been been for a number of years, it seems a logical inference that Yanez was aware of her legal obligation to remain at the scene and to render aid.  

If you have been injured or a family member has been killed in a hit-and-run accident, compensation may be available even if the driver is never identified.  Contacting an car accident attorney may be the most important step taken toward obtaining civil justice in a wrongful death case like the one above.

SOURCE:  Daughter of Veteran LAPD Officer Arrested In Deadly Gardena Hit-And-Run, KTLA News, July 5, 2013, by Ann Pride

Hit-and-Run in Compton Proves Fatal For Elderly Pedestrian

An elderly pedestrian was struck and killed by a hit-and-run driver last night in the City of Compton.  According to KABC News, the 65-year-old victim was struck and dragged approximately 75 feet by a white sedan.  The accident reportedly happened about 9:00 p.m. on North Alameda Street near East Oaks Street.  The accident is being investigated as a crime, and anyone with information should call the Los Angeles County Sheriff's Department's Compton Station at (310) 605-6500.

The Accident Scene

The scene of the accident appears to be in a commercial area, and the roadway is flat and straight.  While it will depend on the exact point of impact, there seem to be a number of street lights in the area that would presumably help drivers see any pedestrians crossing the road.  However, there does not appear to be a clearly marked crosswalk on Alameda in the vicinity of the accident.   While this may prove important in the investigation, it should be remembered that a "marked" crosswalk is not always required before a pedestrian can walk across a street.  

Wrongful Death Claims in California

Under California law, the surviving family members of the hit-and-run accident victim have the right to bring a claim against the driver for the recovery of certain damages.  In this State, those damages include the loss of the "love, companionship, comfort, care, assistance, protection, affection, society, and moral support" of the decedent.  Additionally, the surviving family may recover for the loss of financial support, the loss of gifts or benefits, the cost of the funeral and burial expenses, and the reasonable value of household services the deceased would have provided.  

If you have lost a family member because of a negligent or reckless driver, contacting a wrongful death attorney is likely an important first step toward securing compensation and civil justice.  

SOURCE:  Compton hit-and-run driver drags, kills 65-year-old pedestrian, KABC News, Los Angeles News, July 3, 2013

Rollover Crash in Inland Empire on Lytle CReek Road Leaves Six Injured

Monday evening at about 6:30 p.m. a white Lincoln Navigator overturned on a stretch of Lytle Creek Road, injuring all six occupants and demolishing the SUV.  According to the Press Enterprise, the accident happened in the Inland Empire on the road leading into Lytle Creek on a fairly curving section of the road.  Two of the injured suffered serious injuries and had to be airlifted to local hospitals.   According to officials, the Navigator was traveling south at an undetermined speed when it ran off the road, and the driver overcorrected, causing the vehicle to roll over several times.  After being interviewed by the police, the driver of the SUV was arrested on suspicion of drunk driving.  According to a local resident, this area of Lytle Creek Road has a history of accidents.  

Cause of the Accident

The area of the accident is in a very rural part of San Bernardino County.  Lytle Creek Road in that area is curved and certainly anyone driving the road at a high rate of speed or while impaired would have a difficult time keeping their vehicle on the road.  Additionally, because the Navigator was headed south, most likely downhill, a driver not paying close attention to the increase in speed because of the decline might attempt to take a curve in the road too fast.  According to the resident interviewed by the Press Enterprise, there have been at least four accidents at that location since 2005.

Roll Over Accidents

The accident above involved a vehicle that rolled over several times, a particularly dangerous scenario.  This type of accident is second only to frontal or head-on crashes in terms of the fatality rate, according to the National Highway Transportation Safety Administration.  The dangers of rollover accidents are particular high when it comes to SUVs and other light trucks.  The accident above is what is generally referred to as an "untripped" rollover or one in which no stationary object was involved that contributed to the vehicle turning over.  Severe turning maneuvers are thought to be the primary cause of these types of accidents, and it seems likely this may have been the cause of the accident above.    That excessive turning maneuver, assuming there was one, might be explained by the driver's impairment and overreaction to a momentary loss of control.  A complete accident reconstruction will likely determine whether driver error alone caused the crash or whether there was also a vehicle safety issue.

If you have been injured or a loved one killed in a roll over accident, determining the precise cause may better enable you to obtain compensation for the injuries and other losses sustained.  An injury attorney with experience at handling such accidents can most likely be of assistance in evaluating the potential for recovery.

SOURCE:  CAJON PASS: 6 hurt after SUV overturns on curvy road, the Press Enterprise, July 1, 2013, by Richard Brooks