Head-On Collision On Laguna Canyon Proves Fatal

A head-on collision in Orange County resulted in the deaths of two people early Tuesday morning.  According to KTLA news, the accident happened in Laguna Beach on Laguna Canyon Road at about 6:40 a.m.  The driver of a Tesla, Dr. Robert M. Pettis, apparently veered into oncoming traffic and hit a Honda Accord head on.  Pettis suffered only minor injuries, but both occupants of the Honda were killed.  According to the news report, there was some sort of an incident between Pettis and the driver of a Mercedes Benz which may have led to Pettis crossing the roadway into opposing traffic.

Assessing Liability Will Likely Be Challenging

Whenever a "mystery" vehicle is alleged to have caused an accident, there will be skeptics.  In the case above, the police have asked the driver of the Mercedes to turn himself in so that he can explain his version of the incident.  Absent that driver identifying himself or being found in some other fashion (such as through the use of video taken in the area), there will have to be strong physical evidence to corroborate Pettis' story of how the accident happened.  For example, if it is the doctor's  claim that the Mercedes made contact with the Tesla, forcing the Tesla into oncoming traffic, then there should be physical evidence such as a paint transfer mark or other evidence of an impact that cannot be explained from the collision with the Honda.  From the news report, it appears this accident happened in or near a curve, and the last thing a driver would want to do in that area is cross into the opposing lane since oncoming traffic may not be easily seen.

Joint and Several Liability

Even assuming Pettis can establish there was indeed another vehicle involved, he may still face liability if the whole incident arose from some sort of mutual road rage/race incident.  If the negligence of two people combine (in a "concert of action") to cause an accident, and it is not clear which one is mostly at fault, both are equally responsible for the innocent victim's injuries and damages.  The concert of action theory of tort liability has been applied in the "drag race" and like cases, although it is generally referred to as the rule of theSummers vs. Tice decision by the California Supreme Court.  Subsequent cases have held that inciting and encouraging one another to drive at a fast and reckless rate of speed is sufficient to support joint and several liability of both drivers, including the defendant whose car did not strike the injured party.

If you or a family member has been injured or killed in a multi-vehicle accident like the one above, a personal injury attorney with more than two decades of experience may be able to help recover the deserved compensation.  Complex accidents with reconstruction and forensic issues are best left in the hands of auto accident lawyers who deal with such cases routinely.

SOURCE:  2 Killed in Head-On Crash in Laguna Beach, KTLA News, April 3, 2013, by Kellan Connor

Wet Roads Cause Multiple Crashes In Orange County

Not too surprisingly, the wet roadways here in Orange County led to a number of traffic collisions this morning.  According to a story in the Orange County Register, a three-vehicle collision that occurred in La Habra left two drivers injured at a busy intersection.  The accident was reported to the La Habra Police Department at 7:50 a.m., and the caller indicated there had been a three vehicle collision on Lambert Road, east of Beach Boulevard.  Also reported this morning was a two-vehicle collision on the northbound I-5, near Jeffrey Road.  In that accident, according to the Register, it appears the driver of a Honda Odyssey rear-ended a Ford F-150.  Several other accidents along the I-5 occurred on the rain slick road.

See the full Orange County Register article and photos HERE.

According to statistics compiled by the federal government, there are more than 6,301,000 motor vehicle crashes every year on U.S. roadways.  Of those, about 24% (1,511,000) are weather-related.  On average, 7,130 people are killed and over 629,000 people are injured in weather-related crashes each year.  Road weather conditions contributing to those accidents include: rain, snow, ice and fog. The vast majority of these crashes happen on wet pavement and during rainfall.  In an average year, 17 percent of fatal crashes, 22 percent of injury crashes, and 25 percent of property-damage-only collisions occur when an adverse weather condition and/or slick pavement is present. Rain like we experienced this morning and as is expected tomorrow, impacts visibility distance, pavement friction and lane obstruction, contributing to the happening of traffic accidents and injuries.  In these weather conditions, it is important for drivers to take appropriate steps to minimize the risk of an accident.  Here are some examples:

• Make sure your brakes are functioning properly ("ride" the brakes for a short distance to dry them out once they have gotten wet)
• Slow down (slick pavement can double your vehicle's stopping distance)
• Avoid aggressive braking
• Double your following distance
• Practice defensive driving

Compensation for the victims of automobile accidents caused by a driver's negligence should be an important concern for all Californians.  When a driver fails to adjust their driving to adverse weather conditions and causes a serious or fatal accident, they should be held accountable.  An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling automobile accident cases, including those involving negligent drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an Orange County motor vehicle accident?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.