Monday, April 21, 2014

Easter Morning Accident in Palmdale Leaves Sleeping Teen Fatally Injured

A 16-year-old Palmdale girl was killed Easter morning when a suspected drunk driver crashed his SUV into the her family's apartment and into the girl's room where she was sleeping.  According to KTLA news, the innocent victim, Giselle Mendoza, was asleep in her bedroom  when the Nissan Pathfinder crashed through a protective fence and into her bedroom. The crash occurred in the 1000 block of East Avenue R in Palmdale.  The driver of the Nissan, 20-year-old Roberto Rodriguez, was initially booked on charges of driving while under the influence and vehicular manslaughter.  He has since been released on bail.

Scene of the Accident

The above accident happened at the intersection of 10th Street and Avenue R.  The apartment complex where Mendoza was sleeping is surrounded by what appears to be a protective fence made of metal.  However, the barrier simply was not enough to stop the Pathfinder from striking the wall of the complex and entering Mendoza's bedroom.  It is unknown why the fence was placed around the complex in the first place.  

The intersection itself does not appear to be unusual in any way.  The roadway in all directions is relatively flat with no apparent visual obstructions.  

If you have been injured or a family member has been killed in an auto accident, contacting an experienced injury attorney can be the best first step toward obtaining compensation for the injuries and damages sustained.  Nothing can unwind the tragedy of a fatal accident, but obtaining civil justice may help bring closure.  

SOURCE:  Loved Ones Remember Palmdale Girl Killed in Suspected DUI Crash, KTLA News, April 21, 2014, by Kareen Wynter

Tuesday, April 1, 2014

Fullerton Pedestrian Accident Results in Fatality

A pedestrian was killed Saturday afternoon when crossing a street in the City of Fullerton.  According to the KABC News, the accident happened at the intersection of Magnolia Avenue and Valencia Drive at about 2:45 p.m.  The male victim, not further identified, was pronounced dead at the scene as a result of the injuries he sustained.  According to the news report, the pedestrian was within the crosswalk when he was hit by the vehicle.

Fullerton Accident Scene

The Fullerton intersection where this accident happened is flat and wide open, and it is hard to imagine how this fatal collision could have happened in broad daylight.  It is unknown which direction the vehicle was traveling and whether the pedestrian was crossing on a green light for his direction of travel.  All of these issues will need to be addressed by the Fullerton Police Department in determining responsibility for the accident.

Frequency of Fullerton Accidents

According to the California Office of Traffic Safety, the City of Fullerton ranks among the 10 worst (when compared to cities of similar population) in terms of pedestrian accidents.  

Wrongful Death Claims

In a tragic situation like the one above, the surviving family members of the victim may bring a claim against the driver of the vehicle if the operator was in fact negligent at the time of the accident.  Under California law, and pursuant to statute, certain family members who survive (typically the spouse and children) may pursue a negligence claim against the party responsible for causing a fatal accident.  This is true even where the deceased was partially to blame for what happened.  This is known as the doctrine of "comparative negligence", and it simply reduces the compensation recovered by the percentage of fault attributed to the decedent.

If a loved one has been lost because of the negligence of a careless driver, you have the right to pursue a wrongful death claim under California law.  An injury attorney with experience at handling hundreds of Orange County cases may be of assistance in evaluating the merit of such a case.