Orange County Hit-and-Run: Bicyclist Killed in Anaheim

A hit-and-run driver struck a bicyclist in Anaheim early this morning, resulting in the rider's death.  According to KTLA News, the accident happened on Orangethorpe Avenue near the intersection with Lemon Street at about 5:40 a.m.  The preliminary investigation by the Anaheim Police Department suggests the bicyclist was hit by one car and either thrown or dragged for some distance before being hit a second time by a driver who remained at the scene.  At present, no information could be provided regarding the make or model of the car driven by the hit-and-run driver.  Anyone with information should immediately contact the  Anaheim Police Department at 714-765-1900.

Scene of the Accident

The stretch of Orangethorpe Avenue in Anaheim where the accident occurred is flat, straight and there do not appear to be any visual obstructions for drivers on that roadway.   This accident occurred in the early morning hours while it was still dark outside so visibility and lighting (street lights and vehicle headlights) will be an issue in terms of reconstructing the accident.  In addition, the speed of the hit-and-run vehicle will play a role in determining fault.

City of Anaheim

In terms of cities with a similar population, Anaheim is one of the most dangerous when it comes to total injury and fatal accidents, according to the California Office of Traffic Safety.  However, Anaheim is the safest of the 13 cities of similar population when it comes to injury and fatal hit-and-run accidents, having only recorded 17 such accidents in 2010.

If you have been injured or a family member has been killed in a hit-and-run accident in Orange County, contacting an experienced auto accident attorney is likely the best way to find out more about your right to compensation for any injuries and damages sustained.

SOURCE:  Bicyclist Killed in Anaheim Hit-and-Run; Driver Sought, KTLA News, Local News, October 29, 2013, by Anthony Kurzweil

Elderly Man in Wheelchair Fatally Injured in LB Accident

An elderly man in a wheelchair was killed early this morning when he was struck by a car in Long Beach.  According to the Press Telegram, the accident happened near the intersection of Orange and Alamitos Avenues.  The victim has been identified as Bong Kim, 72 years old, of Long Beach, and police have indicated he entered Alamitos Avenue while attempting to cross the street.  Reportedly, Kim entered the roadway suddenly from a driveway at about 6:45 a.m. when he was hit.  Kim was transported to the hospital, but he eventually succumbed to his injuries while there.  Anyone with information regarding this incident is should contact Long Beach Collision Investigation Detective Richard Birdsall, at 562-570-7355.  If you wish to remain anonymous you may call 1-800-222-TIPS (8477), or text TIPLA plus your tip to 274637 (CRIMES), or visit www.LACrimeStoppers.org.

Scene and Cause of the Accident

The stretch of roadway where the accident occurred is generally in a residential area, although it also appears to be located very near Pacific Coast College.  Given the number of houses in the area and the location of the college campus, it would seem drivers should be on the lookout for people crossing the street in this area.  However, it is unknown exactly where Kim entered the roadway and whether that location was within the unmarked crosswalk at the intersection of Orange and Alamitos.  Identifying the precise point of impact will be very important in terms of how responsibility for the accident is determined.  Also, given accident happened while it was still dark outside, the color of Kim's clothes and the use of headlights by the vehicle driver will likewise impact how fault for the accident is decided.

If you or a loved one is involved in an auto accident that was not your fault, contacting a personal injury attorney with experience handling such cases is perhaps the most important step toward obtaining compensation for any injuries or damages sustained.

SOURCE:  Man in wheelchair killed in Long Beach collision, the Long Beach Press Telegram, October 29, 2013

La Habra Hit-and-Run Leaves One Dead, One Hospitalized

Friday night at about 9:00 p.m. one pedestrian was killed and another was hospitalized after being struck by a Cadillac in La Habra.  According to KABC News, the incident occurred at the intersection of Whittier Boulevard and Koopmans Way while both victims were crossing the street in a marked crosswalk.  Immediately following the accident, the two victims were transported to the hospital where one eventually died from her injuries.   The driver of the Cadillac sedan, identified as 20-year-old Caroline Kim of Hacienda Heights, was chased for some time by police before finally crashing into a parked car and being arrested.  

Scene of the Hit-and-Run

The intersection where the pedestrian accident occurred is somewhat atypical in that it is not a traditional four-way stop.  There are, however, plenty of streetlights in the area, and the presence of a shopping center and restaurants should alert drivers to the fact there could be pedestrians crossing the street.  The speed limit in the area is 40 miles per hour so, if a driver is operating their headlights and obeying that limit, they should have ample time to see a pedestrian crossing the street in front of them.

La Habra Accidents

According to the California Office of Traffic Safety, the City of La Habra ranks fairly high in terms of fatal and injury accidents.  In fact, of the 103 cities of a similar size by population, La Habra ranks 7th, which means only 6 other cities are more dangerous in terms of injury and fatal motor vehicle accidents.  La Habra ranks 22nd in terms of hit-and-run accidents.

If you or a loved one has been the victim in a hit-and-run accident, contacting an experienced automobile accident attorney might just be the best way to find out about your right to compensation for any injuries or damages sustained.

SOURCE:  Pedestrian dies in La Habra hit-and-run; driver arrested after chase, KABC News, Orange County News, October 26, 2013

San Clemente Freeway Accident Injures 9, including 2 Small Children

Yesterday afternoon at about 1:00 p.m. nine people were injured in an accident involving a semi-truck on an Orange County freeway.  According to KABC News, the collision occurred on the southbound Interstate 5 at Camino de Estrella in San Clemente when a tractor-trailer combination traveling northbound skidded across lanes and through the center divider and hit at least six cars in the process.   Eight people, including two children ages 1 and 3, suffered moderate injuries and were taken to area hospitals.  One other victim sustained minor injuries.  The California Highway Patrol is still investigating the cause of the accident.

Truck Accidents

What the case above demonstrates is just how important it is to wear a seatbelt at all times and to be keenly aware of your surroundings.  When a tractor-trailer combination goes out of control, those motorists behind the wheel of ordinary passenger cars do not have much of a chance of coming out of an accident unhurt.  Because of their weight and the speeds they can travel, semi-trucks present a particularly dangerous threat on freeways.  You might not expect a passenger car to strike and then travel though a center median, but a semi-truck can do that easily.

San Clemente Accident Rates

Overall, the City of San Clemente is relatively safe when it comes to motor vehicle accidents.  When compared to cities of similar size in terms of population, San Clemente ranks 86th out of 103 in terms of injury and fatal accidents, according to the California Office of Traffic Safety.  However, with regard to alcohol-related collisions, the city ranks 13th when compared to other cities with a similar population. 

If you or a loved one has been involved in an Orange County truck accident, contacting an injury attorney with experience at handling such cases is perhaps the best way to begin investigating your claim.

SOURCE:  San Clemente crash involving semi injures 9 on Interstate 5, KABC News, Orange County News, October 24, 2013

Rear-end Crash in Fontana Results in 3 Fatalities

A horrific rear-end crash on Monday night in Fontana has left a couple and their young child dead.  According to KABC News, the accident happened at about 8:30 p.m. at the intersection of Citrus Avenue and Foothill Boulevard.  The victims, Shawn Michael Scott, 33, Helen Terry Amaya, also 33, and their 2-year-old daughter, Joleen, were killed when their car was struck from behind by a speeding truck and pushed out into the intersection, resulting in a cross-traffic collision.  Witnesses described the impact as sounding like a bomb went off.  The driver of the truck, identified only as a 24-year-old, suffered a broken ankle and his passenger sustained a broken leg.  He has not yet been charged or arrested in connection with the accident.  Fontana police say the 24-year-old driver who ran the red light has been interviewed but not arrested. That driver's identity was not released. Authorities say the driver broke his ankle in the crash, and his passenger sustained a broken leg.  Amaya's family members have started a fund for collection of funeral and burial expenses, and donations can be made at www.gofundme.com.

Rear-end Accidents and Liability

In California, there is a presumption of negligence against the driver of any vehicle who strikes a vehicle ahead.  It is presumed the driver was traveling at a speed unsafe for the conditions since they were obviously unable to stop in time to avoid the impact with the car ahead.  In the accident above, not only did the red truck strike a stopped vehicle but, according to the news report, the truck was captured in a video traveling at a high rate of speed just before the tragic collision.  Certainly, the driver the vehicle stopped at the light cannot be blamed, even in part, for what happened.  It will be very interesting to see whether alcohol or drugs or both played a role in the happening of the accident.

Pomona Traffic Accidents

According to the California Office of Traffic Safety, the City of Fontana ranks above average for cities of that size in terms of overall injury and fatal accidents.  The same is also true for nighttime accidents, Fontana ranks 40th out of 53 cities, which means only 13 cities have a better rate of nighttime accidents.  The accident above occurred at night, although fairly early as opposed to one at or near the time people would be expected to leave bars and nightclubs.  Given the age of the truck's driver, 24, there is the distinct possibility that driver impairment played some role in the accident.  According to the Centers for Disease Control and Prevention, drivers in the 21 to 24 year-old age range are in the highest risk group when it comes to driving while impaired.

SOURCE:  Fontana crash: Video shows speeding truck in crash that killed family, KABC News, Inland Empire News, October 22, 2013, by Marc Brown, Christina Salvo and Rob McMillan

Researching Your Doctor: What You Should Know

An Orange County doctor, Alvin Yee, M.D., has been sentenced in federal court to serve no more than 11 years in prison for selling prescriptions to "patients" he would meet in coffee shops.  According to ABC News, Dr. Yee had been captured on video meeting with patients at coffee houses and fast food restaurants throughout the county selling prescription for dangerous narcotic medications such as OxyContin, Xanax and other addictive drugs.  At least two of the patients, both in their early 20s, overdosed and died after receiving prescriptions from Yee.   The investigation into his activities began in September of 2010 and ended after he sold a prescription to an uncover officer.

Protecting Yourself from Malpractice 

In the case above, the patients obviously had some role in their own mistreatment, and most people would recognize that a physician writing prescriptions at a fast food restaurant or a coffee shop is not likely providing competent care.  However, if you are a legitimate patient, how do you find out important background information regarding your doctor?  For example, if you were looking for a doctor to perform an orthopedic procedure you would certainly want to know if that doctor is at least board certified as an orthopedic surgeon.   But beyond verifying board certification, there are other steps you can take that, while not full proof, may give you additional assurance your doctor is competent.

Resources to Consider

First, you should at least consider the California Medical Board's website to see what the doctor's background looks like (i.e., years in practice, medical school attended, history of discipline, etc.).  As mentioned in earlier blogs, the Medical Board's history of investigating and disciplining bad doctors leaves a lot to be desired so that resource alone is likely not enough.  In Orange County, you may also want to visit the Superior Court's website to see what lawsuits have been filed against a particular doctor.  That system is also not one without flaws, but it sometimes will provide very useful information about a doctor's history of malpractice lawsuits.  Finally, just simply trying a Google search, which may lead to patient reviews and other sites such as Healthgrades,  which specifically focus on providing information regarding doctors and other health care professionals.

if you or a loved one have been the victim of medical malpractice, consulting with an experienced malpractice attorney is perhaps the best way to find out whether your case is one that can be successfully pursued.

SOURCE:  Exclusive: Doctor sentenced for prescribing drugs in coffee shops, ABC News, Orange County News, October 17, 2013, by Eileen Frere

Weight Loss Surgery - Are You a High Risk Patient?

A recent study has demonstrated that the factors potentially leading to a bad outcome after weight loss surgery are actually quite different than once believed.  The results of the study, described in a NBC News story, suggest that factors such as having Type II diabetes and patient age are more closely connected to a heightened risk of death following bariatric surgery.  It was once believed that a patient's (BMI) was the best predictor of the outcome of weight loss surgery.  With the results of this new study, doctors should now inform their weight loss surgery patients whether they are at an increased risk for complications because one or both of the risk factors above are present.

Bariatric Surgery Risks and Informed Consent

Weight loss surgery generally involves a procedure in which the size of the stomach is altered or the small intestine is changed in such a way so as to minimize the amount of food and calorie absorption a patient experiences after eating.  One particularly popular surgery being performed today is the adjustable gastric banding (commonly known as a Lap-Band procedure).  In that procedure, an inflatable ring or band (filled with saline) is placed around the stomach to limit intake.  The band is periodically filled after surgery to lessen the amount of food a patient can or wants to eat.  However, this procedure carries with it certain risks, such as band slippage which can prove fatal.  Even more troubling is the fact the slipping of the band can occur long after the surgery was performed, and that may then compromise blood flow to the stomach causing it to break down and die.  

While weight loss surgery can save lives, the risks of the procedure must be fully understood by the patient before they can meaningfully consent to the surgery.  As referred to above, patients should be told if they are at an increased risk of death following surgery, because they have Type II diabetes or their age places them in a higher risk category.  Under California law, a doctor may be found negligent if he or she performs surgery without first obtaining "informed consent."  In such a case, the patient must prove that a reasonable person in their position would not have agreed to the procedure if he or she had been fully informed of the results and risks of and alternatives to the procedure.  In the case of bariatric surgery, there is a great deal of advertising and promotion suggesting the surgery works, and very little attention is paid to the risks.

If you or a loved one has been the victim of medical malpractice, contacting an experienced malpractice attorney is likely the best way to find out whether you may be entitled to compensation.

SOURCE:  New Weight-Loss Surgery Risks Uncovered, NBC News, Southern California, October 17, 2013

Orange County Auto Accidents Leave Three Dead

KABC News, a violent crash on Sunday in Dana Point resulted in the deaths of two people and injuries to three others.  The accident happened on Coast Highway at about 1:30 p.m. on Sunday.  The second collision reported occurred in Santa Ana, and it tragically took the life of a six year-old boy and also caused serious injuries to his grandmother.

Dana Point Crash

In the Dana Point accident, four vehicles were involved and it appears this was a head-on collision probably caused by an unsafe passing maneuver.  One of the vehicles involved, a Volkswagen Jetta, was reportedly split in half as a result of the impact and both occupants, a 43-year-old man and a 32-year-old woman, were killed.  From the news report, it appears the Jetta may have been making some sort of passing maneuver around a Mini Cooper with a 15-year-old student driver behind the wheel.

Santa Ana Collision

In the second accident, a 6-year-old boy was walking to school with his grandmother near Ramona Drive and Central Avenue around 8 a.m.  While within a crosswalk, the boy and his mother were struck by a Ford F-150 pickup being driven by a 17-year-old driver.  The small boy suffered major head trauma and ultimately succumbed to his injuries at a local hospital.  The grandmother sustained a broken arm and much less severe head injuries.

Teen Drivers and Accidents

It is an unfortunate reality that teen drivers present a more substantial risk of being involved in an accident when compared to more mature drivers. According to the Centers for Disease Control and Prevention, motor vehicle accidents are the leading cause of death for teens.  The risk of being involved in an accident is particularly high for newly licensed drivers and male drivers in this age group.  In the accidents above, it is possible that inexperience behind the wheel may have caused or at least contributed to the tragic Santa Ana collision.  While the precise cause of both accidents is still under investigation, the inexperience of the student driver in the Dana Point accident may have some how played a role in that horrific crash.

If you or a loved one have been involved in an Orange County auto accident, contacting an injury attorney with experience at handling such cases could be the most important step toward obtaining compensation for the injuries and damages sustained.

SOURCE:  Dana Point car crash: 2 dead, 3 injured in violent accident, KABC News, Orange County News, October 13, 2013

SOURCE:  Santa Ana crash leaves 6-year-old boy dead, grandma injured, KABC News, Orange County News, October 14, 2013

Fullerton Crash Near St. Jude Hospital Leaves One Dead, Five Injured

A horrific crash in Orange County earlier today proved fatal for the driver of one of the eight vehicles involved.  According to KABC News, the accident happened at the intersection of Harbor Boulevard and Valencia Mesa Drive, across from St. Jude Medical Center.  Reportedly, the driver of a Ford pickup truck was driving at a high rate of speed going the wrong way on Harbor Boulevard.  Seven other vehicles were involved in the spectacular crash.   The preliminary reports indicate it was the truck driver who was killed in the accident that sent at least five other people to local hospitals.  The precise cause of the collision is still under investigation, and the nature of the injuries sustained by the surviving victims is currently unknown.

Scene of the Accident

The area of the accident is on a stretch of roadway that passes right in front of St. Jude Medical Center and the St. Jude Medical Plaza.  This stretch of Harbor Boulevard is relatively flat and straight, with no apparent obstructions for drivers traveling in either direction on Harbor Boulevard.  Given the devastation apparent in the photograph of the accident, there can be little doubt that at least one of the vehicles involved in this accident was traveling at a high rate of speed.  Assuming the initial reports are correct, much of the accident investigation is likely to focus on the "wrong-way" driver and why he was traveling on the wrong side of the road and at such a speed.  Whenever a driver inexplicably drives on the wrong side of the road and at what appears to be an excessive speed, authorities generally consider the possibility of driver intoxication or impairment to be the most likely cause, until proven otherwise.

When compared to cities of similar size, Fullerton ranks as one of the more dangerous in the State, according to the California Office of Traffic Safety.  This is particularly true for accidents involving drivers who had been drinking, regardless of their age.  

If you or a loved one has been involved in an Orange County auto accident, contacting an experienced injury attorney is perhaps the most important step to take in terms of obtaining compensation for the injuries and damages sustained.

SOURCE:  Fullerton crash: 1 killed, 5 injured in multi-car collision on Harbor Blvd, KABC News, Orange County News, October 10, 2013

Motor Officer Seriously Injured in Ontario Crash

This morning a police officer aboard a motorcycle in Ontario was badly injured when he collided with a tractor trailer.  According to KABC News, the officer sustained serious injuries and had to be airlifted to a hospital.  The collision occurred at about 7:15 a.m. while both the motor officer and semi truck were traveling northbound on Archibald Avenue.  Reportedly, the truck driver was making a right-hand turn into an IHOP parking lot when the crash happened.

Right Hand Turn Law

In general, both the approach for a right-hand turn and the right-hand turn itself are to be "made as close as practicable to the right-hand curb or edge of the roadway", with certain exceptions.  From the aerial photograph of the accident scene on KABC News, it would appear the driver of the tractor trailer began his right-hand turn from the number 3 lane, and not the one designated for right-hand turns.  As can be seen on the Google maps image, there is actually a designated right-hand turn lane for northbound traffic on Archibald.  Depending on the precise circumstances, it would appear the truck driver may have made an unsafe turn.

Accident Reconstruction Issues

With serious injuries having been suffered by the motorcycle officer, there can be little doubt the accident above will be carefully reconstructed in order to determine who was at fault for the collision.  Assuming the police officer was riding his motorcycle at a safe speed in the right-turn lane when the semi truck began its turn from the number 3 lane, it would appear the majority of the fault would rest with the truck driver.  Issues of speed and turn signal usage will also play a role in the ultimate determination of liability for the accident.

If you or a loved one has been involved in an automobile or motorcycle accident, a free consultation with an experienced auto accident attorney is perhaps the best way to learn more about your right to compensation for any injuries and damages sustained.

SOURCE:  Officer on motorcycle injured in Ontario semi-truck crash, KABC News, October 8, 2013

Orange County: Buena Park Police Vehicle Fatally Injures Pedestrian

A pedestrian was hit and killed by a Buena Park Police cruiser in the early morning hours on Saturday, October 5th. According to KABC News, the accident happened near the intersection of Stanton and Orangethorpe Avenue at about 1:00 a.m.  The victim, 33-year-old Katherine Tinnell of Buena Park, was apparently outside of a marked crosswalk when she was hit by the marked K-9 unit.  Tinnell was pronounced dead at the scene.  Because the accident involves a local law enforcement agency, the California Highway Patrol will be the investigating agency.

Scene of the Accident and Its Cause

According to a KTLA News report, the accident occurred on Orangethorpe Avenue between Stanton and Oregon.  That area of the roadway is flat and straight, and there does not appear to be any visual obstruction for drivers traveling on Orangethorpe in either direction.  It is unknown precisely where the impact occurred, but the area of the Oregon intersection includes an unmarked crosswalk.  Any intersection like the one at Oregon and Orangethorpe includes an unmarked crosswalk, in which a pedestrian has the right of way.  In fact, it is not unlawful to cross the street anywhere on Orangethorpe between Oregon and Stanton (whether in the imaginary crosswalk or not) so long as the pedestrian does not interfere with a driver's right of way.  Identifying the point of impact on the roadway will help to determine whether the pedestrian or the police officer had the right of way.  Also important will be a determination of the speed of the police cruiser just prior to the accident and whether the cruiser's headlights were on at the time.

Emergency Vehicle Rules

In California, there are certain Vehicle Code provisions that apply to the operation of emergency vehicles (such as police cruisers and fire trucks) when responding to calls for service.  Generally, only the public entity and not the individual officers/firefighters can be held liable if the driver is negligent and causes an accident while responding to an emergency or when in pursuit of an actual or suspected lawbreaker.   The drivers must observe certain rules (activate their lights and sirens) for this liability protection to apply.  However, even if the emergency vehicle driver does comply with the lights and sirens requirement, they are not relieved from the "duty to drive with due regard for the safety of all persons using the highway..".  In the case above, in addition to the speed and headlight issues, it must be determined whether the K-9 officer was responding to a call for service and whether the lights and sirens were activated prior to the collision.

If you or a loved one has been injured in an Orange County accident involving an emergency vehicle, a consultation with an experienced injury attorney is likely the best way to determine your right to compensation for the injuries and damages sustained.

SOURCE:  Buena Park police cruiser strikes, kills pedestrian, KABC News, Orange County News, October 5, 2013

What You Should Know About Crosswalk Accidents

Two women crossing a street in Glendale last night were struck and badly injured by a hit-and-run driver.  According to NBC News, the pedestrians, ages 59 and 73, were crossing California Avenue at about 8:00 p.m. when a light colored or white sedan ran a red light and collided with the victims before speeding off.  Both of the women were knocked into the air and across the intersection. The younger victim, Bekzad Shahbazian, is described as being in critical but stable condition, but her neighbor is apparently in grave condition.  The two women were simply walking home from the mall, as they often did, when the accident occurred.  Anyone with information regarding this case should immediately contact the the Glendale Police Department.

Liability Issues

There can be little doubt who bears the responsibility for the accident above:  the hit-and-run driver.  The two victims, according to police, were in the crosswalk on a green light and had the right of way.  However, under California law,  every person has a right to expect that every other person will use reasonable care and will not violate the law, unless he or she knows, or should know, that the other person will not use reasonable care or will violate the law.  In other words, if a pedestrian is about to enter the street and, after looking both ways, should be able to determine an approaching vehicle is traveling too fast to stop, they have a duty not to cross the street until it is safe to do so.  Even someone who clearly has the right of way can be found at least partially at fault if they fail to take minimal precautions to determine whether others around them are going to follow the law.  In the case of a motor vehicle versus pedestrian, it should also be remembered that while both drivers and pedestrians must be aware that motor vehicles can cause serious injuries, drivers must use more care than pedestrians.  Even assuming a pedestrian, with the right of way, does not look before walking into a street, they would still be much less to blame than the driver of a car striking them.

If you or a loved one has been injured in an auto versus pedestrian accident, a free consultation with an Orange County accident attorney is likely the best way to find out about your right to compensation.

SOURCE:  Hit-and-Run Driver Strikes 2 Women in Glendale Crosswalk, NBC News, Southern California, October 4, 2013, by Samantha Tata, Oleevia Woo, Jonathan Lloyd and Toni Guinyard 

Understanding the Michael Jackson Wrongful Death Verdict

As reported by many media outlets yesterday afternoon, the civil jury in the Michael Jackson wrongful death action has found in favor of the Defendant, AEG Live, and against the Jackson family.  According to a CNN News report, the jury decided the first two questions on the verdict form, but were not required to answer the rest because they found Dr. Conrad Murray (already convicted of involuntary manslaughter in relation to Michael Jackson's death) was not "unfit" or "incompetent" to perform the work for which he was hired by AEG.

Legal Issues Surrounding The Jury Verdict Form

Under the law in California, an employer is generally liable for the negligence of their employee so long as the employee committed the acts in question while acting in the course and scope of their employment.  Here, it would seem if the jury decided AEG Live hired Dr. Murray (which they did in response to the first question on the verdict form) then AEG would automatically be liable for misconduct of Dr. Murray and the death of Michael Jackson.  However, it is conceivable the court ruled in a pre-verdict motion that Dr. Murray's criminal negligence was not something he did within the course and scope of his employment with AEG.  If that were the case, then the Jackson family would have to prove AEG Live was independently negligent in the manner in which they hired, retained and/or supervised Dr. Murray.

Assuming the Jackson family and their lawyers were obligated to prove AEG was negligent (separate and apart from Dr. Murray's neglect), it seems the second question on the verdict form ("Was Dr. Conrad Murray unfit or incompetent to perform the work for which he was hired?") would be insufficient to cover all theories of the Plaintiffs' case.  For example, if there was any reason for AEG to know Dr. Murray was prescribing large quantities of propofol (the drug involved in Michael Jackson's fatal overdose), then they could be  held liable for continuing to employ the doctor, thereby causing or contributing to the death.  This negligent retention/supervision theory does not appear to have been considered by the jury, and this may be grounds for an appeal.  It is important to note that at least one juror described that second question on the verdict form as "confusing".

If you or a loved one has been the victim of medical malpractice, contacting a malpractice attorney may be the most important step to determining whether yours is a valid claim.

SOURCE:  AEG not liable in Michael Jackson's death, jury finds, CNN, October 2, 2013, by Alan Duke

Pedestrian Killed While on Tustin in Orange

A pedestrian crossing Tustin Street in Orange was hit and killed Saturday night just before 11:00 p.m.  According to KABC News, the collision happened when the driver of a Subaru traveling northbound on Tustin stuck the 40-year-old man who was crossing outside of the marked crosswalk.  The accident happened near the Tustin and Mayfair Avenue intersection, and preliminary reports indicate that the driver was not impaired.  The driver of the vehicle is cooperating with the police department's investigation.

Scene and Reconstruction of the Accident

The area of northbound Tustin Street where the accident occurred is in a commercial area, and the roadway is flat and straight.  Street lights line Tustin, and it would be expected that lighting from local businesses might also illuminate at least part of the roadway.  The speed of the vehicle involved in the accident above will determine just how much time the driver might have had to see, perceive and react to the pedestrian in the roadway.  At slower speeds there would be more of an opportunity (depending on lighting conditions and the use of headlights) for the driver to take evasive action, in order to avoid the accident.  Other factors relevant to the reconstruction of the accident would include the color of clothing worn by the pedestrian, where in the roadway the impact occurred, and whether the pedestrian was running or walking just before the collision.

Crosswalk Safety

Anytime an auto versus pedestrian accident occurs outside of a marked crosswalk there will be some consideration given to whether the pedestrian was at least partially to blame.  Most people think only of marked crosswalks when considering whether a pedestrian has the right-of-way.  However, this is not actually the whole picture as California law allows a pedestrian to cross a roadway at unmarked crosswalks as well. Unmarked crosswalks are formed at most intersecting streets, and they generally follow the imaginary lines that would constitute a marked crosswalk, if the lines were actually painted.  Logically, however, the safest place to cross any street is at a marked crosswalk if one is available.  Drivers are alerted to the potential presence of pedestrians by those white lines painted on the asphalt.

If you or a loved one has been involved in a pedestrian accident, contacting an auto accident attorney in Orange County is perhaps the most important step to take in order to find out about your right to compensation for the injuries and damages suffered.

SOURCE:  Man struck, killed while crossing the street in Orange, KABC News, Orange County News, September 29, 2013