Crash Into Freeway Underpass Kills Five in Burbank

Early this morning a single vehicle crash in Burbank resulted in the tragic deaths of five people. According to KTLA News, the accident happened at about 4:15 a.m. near the southbound 5 Freeway and N. San Fernando Boulevard.  The vehicle apparently crashed into a bridge underpass and burst into flames.  A female passenger, 18-years-old, was ejected from the vehicle during the accident, and she suffered a broken leg as well as other injuries but is expected to survive.  According to authorities, speed was a factor in the collision, but the precise cause is still under investigation by both the CHP and the Burbank Police Department.  

Scene of the Accident and Its Cause

The area of the accident on San Fernando Blvd. travels through a freeway underpass that is in the middle of a curve in the road, with a slight decline.  It may be a little confusing for drivers traveling southbound in the number two lane (closest to the curb) as that lane is especially wide but then narrows suddenly, right before the underpass.  A driver could be caught unawares, especially if traveling at a high rate of speed, and might have a hard time moving from the right hand portion of the lane toward the center.  A driver could have a hard time maneuvering their vehicle in time to avoid the guardrail and then the concrete wall, if not paying careful attention.  Perhaps adding to this potential problem is that fact this accident happened while it was still dark outside.

Undoubtedly, given the horrific nature of this crash, the CHP and Burbank Police Department will conduct a thorough reconstruction of the accident in oder to determine its precise cause.  Given the age of the ejected passenger, it would not be surprising to find the driver of the vehicle involved in this crash was under 20 years of age.  Statistically, drivers in this age group are more likely to be involved in an injury accident, and automobile accident are actually the number one cause of death for teens, according to the National Highway Traffic Safety Administration. 

If you or a loved one has been involved in a motor vehicle accident, a consultation with an auto accident attorney may be the best way to find out about your rights and whether you may be entitled to compensation for the injuries and damages sustained.

SOURCE:  5 Killed; 1 Injured in Fiery Crash Near 5 Freeway in Burbank, KTAL News, September 28, 2013, by Ann Pride

Inland Empire Third-Party Civil Claims Make the News

Two third-party criminal assault claims have made the news recently.  In each case, the injured party or their family is seeking compensation in a civil court after a crime was committed against them or their family member by an unknown third party.  According to the Press Enterprise, the mother of a 14-year-old boy killed in a drive-by shooting is seeking compensation from the City of Riverside for failing to warn of or prevent the shooting and/or prosecute the criminals.  In the second case, a family is suing an Inland Empire school district for failing to prevent a violent assault against them that took place after a high school football game.

The Law In California - The Post-Game Assault

In the case of a property owner or someone in control of certain property, there is a legal duty to protect people on the property from a violent attack when the owner/occupier knows or has reason to know that the acts of the third person are occurring, or are about to occur.  In the case of the post-game fight referenced above, the school district would only be liable if they knew or had reason to know the attack was likely to occur.  For example, if the district knew that after these two schools had played in the past there had been multiple fights, then there may well have been a duty to provide more security than was present at the time of the assault on the family.  It must also be shown, however, that the additional security likely would have prevented the attack from occurring in the first place.  Generally, in order to successfully pursue such a claim an expert would have to be hired to testify about the need for security and the likelihood or preventing the assault.

The Law in California - Obligations of the Police

Under the law in California, the general rule is that although the government may assume responsibility for providing adequate police protection against third party violence, this does not create a legal duty that normally will give rise to civil liability.  In other words, public entities (such as police departments) generally are not liable for failing to protect individuals against crime.  In most instances, these general rules prevent the victims of violent crimes and their families  from recovering compensation based on a claim that their injuries and losses could have been prevented by timely assistance from a law enforcement officer.  In the case above, it seems doubtful any one of the exceptions to these general rules would apply.  If that proves to be true, the only civil recourse the family would have then would be directly against the perpetrator(s) of the drive by shooting.

In both of the cases above, what appears to be missing from these cases is some action or inaction by security or the police that created a "special relationship" with the victim(s) and therefore a duty to take action.  Liability may be imposed if a security or police officer voluntarily assumes a duty to provide a particular level of protection, and then fails to do so, or if an officer undertakes affirmative acts that increase the risk of harm to the plaintiff.  For example, if a security officer had agreed to escort the family in the post-game fight to their car and was then careless in the manner in which he did it, liability could be imposed and damages awarded.

If you or a loved one has been the victim of a third-party criminal assault, a free consultation with an experienced injury attorney may be the most important step to take in terms of understanding your right to compensation.

SOURCE:  RIVERSIDE: Mother of slain teen seeks $7 million from city (12:30 P.M. UPDATE), the Press Enterprise, September 26, 2013, by Brian Rokos
SOURCE:  MENIFEE: Post-game fight prompts lawsuit, the Press Enterprise, September 25, 2013, by Sarah Burge

Toddler Killed by Pit Bulls in Colton - Two Arrested

Monday afternoon a two-year-old boy was killed by as many as five pit bulls in a Colton backyard.  According to KTLA news, police were called to the home of the boy's uncle in the 700 block of West Citrus Avenue after receiving a report that someone had been killed by dogs.  Police arrived to find the victim, Samuel "Eli" Zamudio, with extensive injuries to his upper body, clinging to life.  The boy was rushed to Arrowhead Regional Medical Center where he succumbed to his injuries.  Two of the child's relatives, Eusulia Zamudio, 42, and Marco Zamudio, 23, were booked on charges of child endangerment leading to death, police said. The toddler had apparently climbed out a window and into the backyard where the tragic attack occurred.  The police investigation has begun, and anyone with information should call Detective S. McFarland at (909) 370-5000.

The Owner's Responsibility

There is nothing more sickening and senseless than the accidental death of a child, a tragic loss that could have been prevented.  The owners of these vicious dogs and those responsible for the welfare of this toddler may very well find themselves in serious trouble with the law.  It seems likely these dogs were either trained to be aggressive or were not trained at all to be around small children.  Either way, when you choose to have such potentially dangerous animals on your property, your duty of care is heightened.  An owner or anyone else in control of vicious animals has an obligation to use the utmost care to prevent "great bodily harm or death" to a child.  Not only can an owner be held civilly liable, but they can also be found guilty of a felony for child endangerment.

If you or a loved one has been the victim of a vicious dog attack, contacting a dog bite lawyer might be the most important step toward to obtaining compensation for the injuries and damages sustained.

SOURCE:  Boy, 2, Fatally Mauled by Pit Bulls in Colton; 2 Arrested, KTLA News, September 24, 2013, by John A. Moreno

Tragic Accident in Temecula Takes the Life of 7-Year-Old

A second-grader was killed on Tuesday in Temecula as he was crossing the street to reach an ice cream truck.  According to KABC News, the 7-year-old boy, Diyarbek Uzakbaev, was crossing the 29000 block of Pujol Road when he was struck.  The driver of vehicle, 25-year-old Bradley Megginson, was arrested on suspicious of gross vehicular manslaughter, and investigators suspect alcohol was a factor.  Megginson was booked into the Southwest Detention Center in French Valley, and his bail has been set at $75,000.  A fund has been setup to help Uzakbaev's family with burial costs, and donors can make deposits at any Wells Fargo Bank branch.  For cash donations, use account No. 3451570190, and for checks, deposit to account No. 6451481763 under the name Nuratdin Amankulov.

Scene of the Accident

The stretch of roadway where the accident occurred is in a residential and fairly rural area.  Any driver traveling through the area should reasonably expect children playing along the side and perhaps even in the road.  The posted speed limit in on Pujol Road is 30 miles per hour which is slow enough to give a driver a sufficient opportunity to see and potential danger and react in time to avoid an accident.  Assuming that Megginson was indeed impaired, that could explain a slower perception and reaction time.  In such a tragic accident, especially where a criminal prosecution is contemplated, you would expect a full accident reconstruction, which might include the opinion of experts relative to driving while impaired and engineering/accident reconstruction.  

Wrongful Death Claims

Under California law, the parents of a child killed in an accident caused by someone else's negligence have the right to bring a wrongful death claim against the negligent party.  The damages recoverable can never adequately compensate a parent for the loss of their child, but they are the only thing our civil justice system can provide.  Generally, the measure of damages is based on the loss of the child's love, companionship, comfort, care, assistance, protection, affection, society, and moral support.  Additionally, economic losses to the parents such as funeral and burial expenses incurred, as well as financial support the child would have provided to the family, can be recovered.

If you have been injured or a loved one killed in a DUI accident, contacting an experienced injury attorney can be the most important step taken toward obtaining civil justice for you and your family.

SOURCE:  7-year-old boy struck, killed in Temecula heading to ice cream truck, KABC News, September 18, 2013, Inland Empire News

Westminster Crash Leaves One Dead and One Hospitalized

An early morning accident in Orange County has left one driver dead and the other under investigation for DUI.  According to KTLA News, the accident happened this morning at about 1:10 a.m. at the corner of Brookhurst Street and McFadden Avenue in the City of Westminster.  A white pickup truck collided with a red Honda Civic, and it was the driver of the truck who was later described by police as smelling of alcohol.  Both drivers were alone in their vehicles at the time of the collision.  After the driver of the Honda was finally extricated from his vehicle by emergency crew workers, he was transported to the hospital where he ultimately died of his injuries.  The driver of the truck remains hospitalized in unknown condition.

Scene of the Accident

The intersection where the collision occurred is controlled by traffic signals, and it appears to be relatively flat and straight.  While the speed and direction of the two vehicles is currently unknown, there would appear to be at least some indication this accident may have been caused by an impaired driver.  Like so many DUI-related accidents, this tragic collision occurred in the early morning hours when the risk of being involved in a DUI accident is at its highest.  According to the news story above, there were no witnesses to the crash, and the cameras at the intersection do not often record.  Consequently, this may prove to be a very difficult reconstruction, and the determination of responsibility may rest on the word of the truck's driver.

If you or a loved one have been injured in an intersection accident, contacting an Orange County auto accident attorney is likely the best way to explore your right to compensation for any injuries and damages sustained.

SOURCE:  1 Dead, 1 Injured in Westminster Crash, KTLA News, September 17, 2013, by John A. Moreno

Rear-end Accident in Moreno Valley Proves Fatal for Bicyclist

Thursday afternoon a 56-year-old cyclist in Perris was rear-ended and killed while riding his bike on Perris Boulevard in Moreno Valley.  According to the Press Enterprise, the victim, Tracy Gage, was struck from behind by a Toyota while riding northbound and suffered major injuries.  He was pronounced dead at the scene.  The accident happened between Krameria Avenue and Northern Dancer Drive at about 3:40 p.m.  The driver of the car, 19-year-old Steven Gomez, was also heading the same direction on Perris Blvd. when the accident occurred.  Neither drugs nor alcohol appear to have been a factor in this tragic accident.  Anyone with information regarding the happening of the accident is urged to call the Moreno Valley Police Department Traffic Division at 951-486-6900 during regular business hours or 951-776-1099 after hours and on weekends.

Area of the Accident and Its Cause

The stretch of Perris Boulevard where the accident occurred is in a residential area.  The road is flat, straight and the speed limit is a somewhat surprising 50 miles per hour.  Any driver traveling through the area might reasonably expect to encounter a cyclist since there are so many homes nearby.  The speed limit, however, would seem to make the roadway particularly dangerous for someone on a bicycle who could not keep up with the flow of 50 mph traffic.  It is unknown why Gomez struck Gage, but it is possible he was not expecting to encounter a vehicle (the bike) traveling so much slower than traffic.  While this would appear to be a possibility, it certainly would not excuse this rear-end accident.

If you have been injured or a loved one killed in a bicycle accident, contacting an auto accident attorney may be the most important step toward finding out about your right to compensation for the injuries and damages sustained.
  
SOURCE:  MORENO VALLEY: Bicyclist killed by car is identified (UPDATE), The Press Enterprise, September 12, 2013, by Richard K. De Atley

Alleged Loss Prevention Misconduct in California Stores

A loss prevention agent for a Kohl's store in Riverside has been arrested for allegedly committing sexual assault.  According to KABC News, the 27-year-old employee was arrested Tuesday for allegedly offering to release a female suspect without calling authorities in exchange for sexual favors.  The loss prevention agent, Haison Ho, was taken into custody by the Riverside Police Department's Sexual Assault Unit.  The investigation is continuing, and the Riverside police are asking anyone with pertinent information to come forward.  If you have any information that may assist in the investigation you should contact the Riverside Police Department at 951-353-7100.

Liability for Loss Prevention Misconduct

In the case above, the victim of the sexual assault, if the allegations prove to be true, will have a meritorious civil claim against Ho for her injuries and damages.  However, under California law there will remain a significant question of whether Kohl's can be held civilly liable for their employee's actions.   In general, a business does owe a duty to protect their patrons from harm of third parties and even their own employees when the harm is "reasonably foreseeable".  Sexual assault is not typically the kind of misconduct a retailer would expect of their security employees, so it may have to be shown that Kohl's (assuming it employs Ho) was negligent in the hiring and/or supervision of Ho while working.  If Ho's employer had reason to believe he might harm a female subject in this manner then they could be held liable for hiring him in the first place or for failing to take reasonable steps to supervise him so as to prevent a sexual assault.  The law in this area is fairly complex, and there are a number of other factors that may determine whether Ho's employer will be held liable.

Other Loss Prevention News

In addition to the news story above, Home Depot recently made the news they were the focus of a class action lawsuit filed against them for the tactics of their loss prevention department and the law firm working for them.  According to Bloomberg Business Week, a California man, Jimin Chen, has sued the retailer after he was accused of stealing two pairs of work gloves while shopping at a Home Depot in San Leandro, California.  Thereafter, Chen received letters from a law firm apparently contracted by Home Depot demanding restitution under Penal Code Section 490.5 (c), which allows retailers to sue shoplifters for up to $500.00 (and more in some cases) for unlawfully taking merchandise from a store.  Chen's class action lawsuit alleges that he did not steal the gloves and that the collection practice of Home Depot (by and through their attorneys) is a calculated shakedown and an unfair business practice.
  
If you believe you have been the victim of misconduct by a security officer or loss prevention agent, contacting an experienced injury attorney is perhaps the best way to find out about your right to compensation. 

SOURCE:  Riverside Kohl's loss-prevention officer arrested for sexual assault, KABC News, Inland Empire News, September 12, 2013, 

Stranded Vehicle Accident in Redlands Results in Serious Injuries

A 51-year-old motorist was seriously injured yesterday when he was struck while standing behind his disabled vehicle on Southbound Alabama Street in Redlands.  According to the Press Enterprise, the the accident happened after the motorist had apparently run out of gas at about 4:00 p.m.  While standing behind his Ford pickup truck, the driver was hit by a Honda Accord, being driven by an 18-year-old from Diamond Bar.  The victim was rushed to Loma Linda University Medical Center where he is listed in serious condition. The precise cause of the accident is still under investigation.  Alcohol was apparently not involved.

Area of the Accident

The accident above appears to be a demonstration of a common problem: driver distraction.  Given that the accident happened at about 4:00p.m. it was certainly light outside, and there does not appear to be a reason for the driver of the Honda not to see the victim before the accident. However, there is a rise in the roadway on this portion of southbound Alabama which could impede a driver's ability to see cars ahead, until they are perhaps too close.  If the point of the impact is just over the rise as one is headed toward Industrial Park Lane, then the driver of the Honda may have at least some explanation for his inability to see the victim in sufficient time to avoid the accident.  In all likelihood, this would not be the sole cause of the accident.

Disabled or Stranded Vehicles

In the accident above, the driver of the Ford truck had apparently pulled over and stopped because he had run out of gas.  In that situation, assuming his vehicle was within a travel lane, he had an obligation to activate his emergency flashers or do something else to let other drivers know his vehicle was blocking the travel lane.  This assumes, of course, that he had the time to do this after the truck ran out of gas but before the collision occurred.  Any failure to comply with this Safe Driving Practice might well be considered negligence on the part of the truck driver.

If you or a loved one have been in an accident involving a stranded or stopped vehicle, consultation with an experienced auto accident attorney may help you understand your right to compensation for any injuries and damages suffered.

SOURCE:  REDLANDS: Man struck behind disabled vehicle, the Press Enterprise, September 11, 2013, by Darrell R. Santschi

Santiago Canyon Accident Leaves One Dead and Six Injured

Early Monday morning a two-car crash on Santiago Canyon in Orange County left a 16-year-old girl dead and six others injured. According to KTLA News, the crash occurred on East Santiago Canyon Road when the two vehicles were headed toward Silverado Canyon Road at about 1:45 a.m.   The girl killed in the accident, Marie Elizabeth Johnson, was reportedly not seat-belted and was ejected from one of the two Honda Civics traveling together before the crash.  The driver of the lead car hit his brakes hard after seeing a deer, and the driver of the second vehicle, identified as 19-year-old Antonio Escamilla, did likewise, leading to the accident. Escamilla has been arrested on felony DUI and manslaughter charges.  The condition of the six other people injured and hospitalized is currently unknown.

 Seat Belt Use Among Teens

Unfortunately, seat belt use among teens is much lower than the use among adults, according to the National Highway Traffic Safety Administration.  In 2009, more than half of the people ages 16 to 20 years old who were killed in traffic collisions were unbelted at the time.  What some people may think is that air bags provide sufficient protection, but the accident above is a tragic illustration why this is not the case.  While air bags may reduce body motion and impact with the interior during a collision, they do not prevent vehicle occupants from being ejected in a major collision.  The combination of using a seat belt and being protected by an airbag is what  most often saves lives.

Driving While Impaired

In the accident above, the driver of the car in which Johnson was riding has been arrested for driving while impaired.  In spite of all of the media attention given to drunk driving and national campaigns intended to curb the problem, more than 10,000 people died in alcohol-impaired driving crashes  in 2010, according to NHTSA.   As demonstrated by the tragic collision above, teens are at a far greater risk of death in an alcohol-related crash than the overall population.

If you or a loved one have been injured in an accident involving an impaired driver, seeking a consultation with an experienced injury attorney is perhaps the best way to find out about your right to compensation for the injuries and damages sustained. 

SOURCE:  Family, Classmates Mourn Teen Killed in Silverado Crash, KTLA News, September 10, 2013, by KTLA 5 Web Staff

Crash on 60 Freeway Leaves Two Seriously Burned

Late Friday morning a rear-end accident on the 60 Freeway near Riverside sent three people to the hospital, including two who suffered burn injuries in the fiery crash.  According to KTLA News, the collision occurred at about 10:15 a.m. in the eastbound lanes just west of Pedley Road when a 1993 Dodge pickup was struck from behind by a 2012 Lexus sedan, causing the truck to burst into a fireball.  The truck, being driven by a 44-year-old man, slowed for an unknown reason and was then hit by the Lexus, traveling between 65 and 75 miles per hour.   The passenger in the truck, a 29-year-old woman, was the worst injured, and she had to be airlifted to Arrowhead Regional Medical Center for critical burns.  The truck's driver also suffered burn injuries and was transported to Riverside Community Hospital.  The driver of the Lexus, a 25-year-old woman, was also taken to RCH with unknown injuries.

Rear-end Accidents and Legal Presumptions

Under California law, the fact that a driver of a vehicle does run down the vehicle ahead of him furnishes some evidence that he either was driving too fast, or that he was following too closely the vehicle ahead of him.  In a rear-end accident, the party in the front vehicle is legally entitled to a jury instruction on the inference of the defendant's negligence under the doctrine of "res ipsa loquitur", which essentially means the accident would not have happened absent negligence.   There is also a Vehicle Code provision (§ 21703) that states:  "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway."  However, there are also rules that apply to slowing or stopping on a roadway.  Perhaps most important is Section 22109 of the Vehicle Code which provides: "No person shall stop or suddenly decrease the speed of a vehicle on a highway without first giving an appropriate signal in the manner provided in this chapter to the driver of any vehicle immediately to the rear when there is opportunity to give the signal."

The Importance of Accident Reconstruction

While the driver of a rear-ending vehicle is likely to be found primarily at fault for most accidents, there are certain accident reconstruction issues that come into play, affecting the assessment of liability for the collision.  In the case above, it will be important to determine why the truck slowed, whether its brake lights were functioning and the speed it was traveling at the point of impact.  As for the Lexus, it was reportedly traveling at between 65 and 75 miles per hour just before the accident so it will be important to find out the freeway traffic conditions and whether the driver may have been driving while distracted or impaired.  All of these factors play a role in assigning and apportioning fault for the accident.

If you or a loved one has been injured in a rear-end accident, consultation with an auto accident attorney may help you better understand your rights and the compensation you may be entitled to under the law.

SOURCE:  Fiery Collision on the 60 Freeway Leaves 3 Injured, KTLA News, September 6, 2013, by Stephanie Case

Pedestrian Struck and Fatally Injured by Postal Vehicle

An elderly pedestrian was struck and killed by a post office truck near the City of Perris in Riverside County.  According to the Press Enterprise, this tragic accident happened at about 8:45 p.m. on Tuesday in the eastbound lanes of Highway 74 near Ellis Avenue.  The driver of the postal truck was reportedly traveling about 45 miles per hour when he prepared to make a lane change.  He looked to his right to make sure traffic was clear and when he looked back at the road the 79-year-old pedestrian was crossing the street right in front of him.  The victim died at the scene.

Location of the Accident

The stretch of Highway 74 where the accident took place is in what might be best described as a rural area, although there are several homes nearby.  The road is slightly curved, relatively flat, and there does not appear to be any obvious obstruction that would prevent a driver from noticing a pedestrian standing on the shoulder or sidewalk.  There does no, however, appear to be much, if any, street lighting in the area that would help a driver spot someone crossing the road.

Accident Reconstruction Issues

According to the news report, the driver said he was traveling about 45 miles per hour just prior to noticing the pedestrian in the roadway.  In accidents such as this, it is important to pin down the other variables, such as point of impact, skid marks, lighting, etc., in order to fairly reconstruct the accident so as to determine fault.  For example, the farther the pedestrian was into the roadway, the longer the period of time the driver would have had to "see, perceive and react" to the situation.  Regardless of the street lighting, a prudent driver should be using their headlights at 8:45 p.m.  Those headlights should illuminate the road sufficiently to see potential hazards for at least 100 feet, perhaps enough distance and time to avoid an accident.

If you or a loved one has been involved in a pedestrian accident, contacting an Orange County auto accident attorney is perhaps the best way to find out about your right to compensation.

SOURCE:  PERRIS: Postal truck struck, killed 79-year-old pedestrian, the Press Enterprise, September 4, 2013, by Richard Brooks

Bus Accident Near Temecula Injures 10

Ten people were injured on Sunday night when their tour bus crashed near Temecula.  According to the Press Enterprise, the accident  happened  at about 10:30 p.m. while the bus was transporting gamblers from the L.A. area to a casino in San Diego County.  The driver apparently reported that his brakes failed as he was rounding a curve on Pala-Temecula Road near Arouba Road.  The 10 injured, which included the driver, were taken to a hospital in Escondido.  The most serious injury was reportedly a head laceration.  According to the news report, drugs or alcohol do not appear to have been a factor in the crash.  

Scene of the Accident

The area of the accident is on a winding, rural road, and you can easily see how important having good brakes would be to a bus driver.  The speed limit in the area appears to be an un-posted 55 miles per hour, but it is hard to imagine a bus negotiating the turns at or near that speed.  While the bus driver reported a brake failure, it will take a detailed investigation and examination of the braking system to determine whether any failure of the brakes contributed to the accident.  In this type of accident, the speed of the vehicle at the time of the alleged failure will also be important to determine.  

Duty to Maintain Brakes

Under California law, there is a statutory duty to maintain a vehicle's brakes in good working order (California Vehicle Code, §§ 26453,26454), and it is generally no defense to a civil case to simply allege the driver had no notice of a brake defect before an accident.   Because a vehicle, especially a bus, with defective brakes poses a grave risk of serious bodily harm or death, the duty to exercise reasonable care to maintain brakes is not one a vehicle owner can assign to someone else.  This legal duty creates such an obligation on the part of the vehicle owner that it is extremely difficult for an owner to escape civil responsibility for a brake failure.  Assuming the brakes on the tour bus referenced above failed, the bus company will likely be held liable for all of the injuries and damages related to this accident.

If you have been injured or a loved one killed in a bus accident, contacting an Orange County injury attorney may be the best and most important step toward finding out about your rights to compensation.

SOURCE:  TEMECULA: 10 injured in tour bus crash, the Press Enterprise, September 2, 2013, by  Darrell R. Santschi