Driver Hits Bus and Restaurant in Orange County

A family of three was sent to the hospital after an SUV crashed into them while seated at an Orange County restaurant.  According to KTLA/Los Angeles Times, the accident happened yesterday afternoon at the Big K's Burgers on 1st Street in Santa Ana.  The three victims, a man, woman and their 5-year-old daughter, were taken to a local hospital where all were  listed in stable condition.  The driver of the vehicle, reportedly a 57-year-old man with a number of medical issues, is not expected to be charged with any crime.  The accident was captured on video.

The Cause of This Accident

In the surveillance video of the accident, the SUV can be seen clipping the rear of a school bus as it begins a turning maneuver in the middle of the lane.  The vehicle continues what appears to be a u-turn and then crashes into the front of the restaurant and up on top of a table.  While the precise cause of the drivers actions are unknown, if he was having some sort of medical issue at the time of the turn, a jury might not find him liable for the accident.  However, he would also have to prove that he could not have anticipated the medical issue happening while he was behind the wheel.

California Insurance Law

In the accident above, the injuries and damages sustained by the family should be compensated by the driver of the SUV's insurance carrier.  However, one way insurance companies attempt to avoid their responsibility is by claiming the driver caused the accident willfully, or on purpose.  In California, if someone willfully runs down a pedestrian there is no coverage, but if a driver runs a victim down negligently then insurance has to pay.  The "willful acts exclusion" is found in California Insurance Code Section 533.

Hiring a personal injury attorney after an Orange County accident is often the most important step toward obtaining compensation for your injuries and damages.

SOURCE:  SUV slams into Santa Ana restaurant, injuring family eating lunch, Los Angeles Times, LA Now, by Kate Mather

Fatal Santa Ana Collision May Involve Third Vehicle

An automobile accident in Santa Ana on Sunday afternoon took the life of a 19-year-old passenger.  According to the Orange County Register, the accident happened at about 2:25 p.m. at the intersection of Pacific and McFadden Avenue.  The decedent, identified as 19-year-old Daniel Iglesias, was the sole passenger in a Pontiac Grand Am that was traveling westbound on McFadden when the car apparently swerved to avoid a white minivan.  The minivan reportedly entered McFadden from Pacific, which dead ends with a stop sign at McFadden.  The Pontiac swerved into oncoming traffic and was struck by a large SUV.  Police are seeking help in identifying the driver of the white minivan, and anyone with information is asked to call the Santa Ana Police Department at 714-245-8665.

See the Orange County Register article and photographs HERE.

This tragic accident will require a great deal of investigation to determine responsibility.  It would appear from the Register article that conceivably the white minivan driver caused or at least contributed to the happening of this accident.  Assuming the minivan driver did not allow the Pontiac driver his right of way, since the van had a stop sign, then the driver may have caused this accident.  The driver of the Pontiac appears to have taken significant, evasive action which may have been necessitated by the minivan's sudden and perhaps unlawful presence on McFadden.  The law requires that a stopped driver proceed only when it is reasonably safe to do so, especially when there is no signal or stop sign for cross-traffic.  One other issue that frequently comes up in situations like this is "line of sight" and whether the stopped driver has a sufficient opportunity to see cross-traffic as it approaches.

Compensation for the victims of serious or fatal automobile accidents caused by a careless driver and/or a dangerous roadway should be an important concern for all Californians.   When negligence and roadway conditions combine so as to cause a tragic accident like the one above, all of the responsible parties should be held accountable.   An Orange County auto accident lawyer with experience at handling traffic collision cases can make a fair assessment of these claims.   Mr. Ralph has more than 21 years of experience handling Orange County personal injury cases, including those involving dangerous roadways.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a careless driver or dangerous roadway?

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.