Worker Run Over by Suspected Drunk Driver Near Airport

Early this morning a suspected drunk driver struck and badly injured a construction worker along a southland roadway.  According to KTLA news, the incident happened in the Sepulveda Boulevard tunnel near LAX at about 5:00 a.m.  The victim, a contract worker for Caltrans, was hit by a white pickup truck and suffered multiple injuries, including broken broken bones.  The injured worker had to be rushed to the hospital for emergency medical treatment.  The driver of the truck, identified as 30-year-old Devin Scott Enderle, was arrested at the scene and is being held on $100,000.00 bail.  

Legal Issues Arising from the Accident

Aside from the criminal case brought against the truck driver, an accident like the one above also raises a number of potential civil claims.  For example, since it appears the victim was working at the time of the incident, he will likely need to bring a worker's compensation claim in order to b compensated for his lost time from work and any disability resulting from the accident.  Under the California workers' compensation system, typically the only issues in a case like this are whether the accident happened in the course and scope of the victim's employment and then determining the permanent disability (if any) the worker suffered as a result of the incident.  Under the workers' compensation system, an injured employee is not entitled to compensation for pain and suffering arising from a work-related accident.  Compensation for those damages must be obtained through a civil lawsuit brought against the responsible party.  In this context, that lawsuit is generally described as a "thrid party" claim.

In a third party claim, both the injured employee and their employer's workers' compensation insurance carrier are entitled to seek compensation and reimbursement from the negligent party.  In general, the employee will seek damages for pain and suffering while the insurance carrier will seek reimbursement for disability and medical payments paid to the injured employee.  For example, if the carrier paid benefits of $50,000.00 as a result of the incident then they would be entitled to that amount (less certain deductions set by statute), and the employee would be compensated for their pain and suffering.  While resolution of these cases can be quite complicated (depending on such things as policy limits, employer neglect, etc.), they are generally well worth pursuing for the injured employee who would otherwise be left with no compensation for the pain and suffering they endured.  Lost wages and medical expenses are very important, but they are only two of the components that make up any personal injury case.

If you or a loved one has been injured in an accident, representation by an experienced Orange County personal injury attorney can help with obtaining all of the compensation to which the victim is entitled.

SOURCE:  Suspected Drunk Driver in Custody After Worker Struck Near LAX, KTLA News, Local News, November 7, 2013, by Ann Pride

Pit Bull Injures Little Boy in Orange County

Last night, a 2-year-old boy was attacked by a pit bull at a home in Fullerton.  According to a story in the Orange County Register, the attack left the little boy with a 7-inch cut on his head.  The unidentified boy was treated by paramedics before being transported  to a nearby hospital.  Apparently, when animal control officers arrived to look for the dog they also found marijuana being grown, and the Fullerton Police Department processed the house.   According to the Register article, the boy's mother told police she was house sitting for a friend and did not live at the location. 

See the Register article and photographs HERE.

Once again, an innocent child has fallen victim to a vicious pit bull attack.  It is nothing short of infuriating that an animal with such a reputation for aggression is allowed, unrestrained and unsupervised, in the company of a small child.  While it remains to be seen where on this boy's face the wound was inflicted, a 7-inch cut or bite wound could be disfiguring and noticeable for a lifetime.  Only a number of months, if not years, of healing and perhaps scar revision can potentially erase the physical scars, but the emotional toll may last a lifetime.  Assuming the homeowner/dog owner was covered by a policy of insurance (that did not specifically exclude coverage for pit bulls, which some policies do), this little boy would appear to be entitled to a substantial recovery, providing at least some form of compensation. 

Compensation for the victims of vicious dog attacks should be an important concern for all Californians.  When an innocent victim is attacked and seriously injured (physically and emotionally), the dog’s owner should be held accountable for all of the injuries and damages suffered.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a dog bite or attack?

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.

Cyclist in Orange County Seriously Injured

On Sunday evening, a 50-year-old bicyclist was seriously injured in an Orange County traffic accident.  The cyclist, who has yet to be identified, was struck by a vehicle in Santa Ana and was taken to UCI Medical with critical injuries, necessitating emergency surgery.  According to the report by the Orange County Register, the traffic accident was reported in the 100 block of North Euclid Street just after 6:15 p.m.  Citing official sources, the Register reported the accident is still under investigation, and it is not clear if the bicyclist was in the street or in a crosswalk at the time of the collision.  The driver was not arrested and apparently no citations were issued. 

  

See the Orange County Register HERE.

The area of the accident appears to be relatively flat and the roadway is straight.  It is unknown if the accident happened at or near an intersection or who had the right of way.  Given the time of the accident, it may be that lighting or visibility of the rider played some role in the occurrence of the accident.  One issue that should be considered in assessing responsibility and something all bicyclist should keep in mind, a bicycle operated during darkness must be equipped with all of the following:

(1)  A lamp emitting a white light that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle.

(2)  A red reflector on the rear that shall be visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.

(3)  A white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a distance of 200 feet.

(4)  A white or yellow reflector on each side forward of the center of the bicycle, and a white or red reflector on each side to the rear of the center of the bicycle, except that bicycles that are equipped with reflectorized tires on the front and the rear need not be equipped with these side reflectors.

(California Vehicle Code Section 21201)

Visibility of bike riders is often an issue when a traffic accident occurs.  Those operating motor vehicles are rarely looking for bicyclists, and the likelihood a driver will see a cyclist at night (absent the above equipment) seems remote.  Given the severity of the accident, the police department will likely do a detailed investigation and analysis to see if the driver was attentive and whether the bicyclist complied with the above statute.

Compensation for the victims of bicycle versus motor vehicle accidents caused by negligent drivers should be an important concern for all Californians. When a driver operates their vehicle without paying careful attention to the roadway, they should be held accountable for the injuries and damages they cause.  An Orange County auto accident lawyer with experience at handling such cases can make a fair assessment of these claims.   Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving bicycle accidents.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in a motor vehicle versus bicycle 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.

Orange County Coroner's Office To Release Kelly Thomas' Autopsy

Finally, the Orange County Coroner's Office has completed its report on the death of Kelly Thomas, the mentally ill homeless man who died after a violent confrontation with officers from the Fullerton Police Department.  According to a KTLA news story, the findings of the Coroner have been turned over to the Orange County District Attorney's Office for consideration.  Reportedly, a news conference is scheduled for tomorrow during which District Attorney Tony Rackauckas is expected to discuss what, if any, charges will be filed against the officers involved in the controversial arrest.  

See the full KTLA news story HERE.

Medical records previously released show Thomas was originally taken from the scene of the incident to St. Jude Hospital in Fullerton.  However, because his heart stopped, and he required a higher level of care for that and other reasons, he was emergently transported to UCI Medical Center.  By the time he arrived there, Thomas' pulse rate was very high, and his blood pressure dangerously low.  He was exhibiting seizure activity, and one pupil was unreactive.  For all intents and purposes, he was severely brain injured and the likelihood of any meaningful recovery was grim.  The assessment of the emergency room physician was that Thomas had suffered blunt trauma, facial fractures, prolonged oxygen deprivation, facial lacerations, and shock, among other things.  Also of note was the presence of a taser dart in the left chest area, suggesting a taser had been deployed by one of the Fullerton officers in violation of industry recommended guidelines.  From the records released to date, it seems likely the Coroner's Office will conclude the cause of Thomas's death was homicide.

The extent of the beating Thomas received at the hands of the Fullerton Police is almost impossible to understand.  With reports that at least six officers were present during the arrest, one has to wonder why so much trauma to the face and head would be necessary to control this rather diminutive man.  The purpose of an arrest is to secure a subject's presence in court before a judge, not to punish.  Police officers are generally taught to use the least amount of force reasonably necessary to control a subject and take him into custody.  In the Thomas case, he was reportedly being taken into custody for auto burglary, a property, nonviolent crime.  The amount of force used on Thomas, as evidenced by the injuries documented in his medical records, would seem well beyond justification.  Ideally, the Thomas family will see justice in both the civil and criminal courts.

Compensation for the victims of police misconduct should be an important concern for all Californians. When someone is beaten excessively by the police, the police department should be held accountable and compensation paid to the victim or the victim's family. An Orange County police misconduct attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of an unlawful arrest or excessive use force at the hands of the police?

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.

Gardena Hit-And-Run Accident Proves Fatal

A driver traveling westbound on Rosecrans Avenue in Gardena struck a pedestrian crossing the street on Sunday night.  According to KTLA news, the pedestrian, a woman who has yet to be identified, was hit by a grey, 4-door  Honda Civic that did not stop.  The victim was taken to a local hospital following the accident, but she later succumbed to her injuries.  The accident happened around 9 p.m. Saturday night on Rosecrans, between Budlong and Normandie avenues.

The vehicle may have front end damage and the driver's door is missing.  The Civic is believed to have been occupied by two passengers at the time of the accident.  The police have asked that anyone with information call them at (310) 217-6183 or (310) 217-6135.

See the KTLA news story and video HERE.

This type of accident is both tragic and frustrating.  The driver of the Civic had an obligation, regardless of fault, to stop at the scene of the accident and render assistance to the pedestrian.  It is entirely possible that if the driver had complied with their legal obligation, the pedestrian might have survived.  Under California law, the driver of a car involved in a collision must render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.

Compensation for the victims of hit and run accidents should be an important concern for all Californians.  When a driver negligently or recklessly causes an injury or fatal accident and then flees the scene, they should be held criminally and civilly accountable.  An Orange County personal injury lawyer with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate legal representation.  Mr. Ralph has more than 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a hit-and-run automobile 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.