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.   

Crash on 60 Freeway Leaves Two Seriously Burned

Late Friday morning a rear-end accident on the 60 Freeway near Riverside sent three people to the hospital, including two who suffered burn injuries in the fiery crash.  According to KTLA News, the collision occurred at about 10:15 a.m. in the eastbound lanes just west of Pedley Road when a 1993 Dodge pickup was struck from behind by a 2012 Lexus sedan, causing the truck to burst into a fireball.  The truck, being driven by a 44-year-old man, slowed for an unknown reason and was then hit by the Lexus, traveling between 65 and 75 miles per hour.   The passenger in the truck, a 29-year-old woman, was the worst injured, and she had to be airlifted to Arrowhead Regional Medical Center for critical burns.  The truck's driver also suffered burn injuries and was transported to Riverside Community Hospital.  The driver of the Lexus, a 25-year-old woman, was also taken to RCH with unknown injuries.

Rear-end Accidents and Legal Presumptions

Under California law, the fact that a driver of a vehicle does run down the vehicle ahead of him furnishes some evidence that he either was driving too fast, or that he was following too closely the vehicle ahead of him.  In a rear-end accident, the party in the front vehicle is legally entitled to a jury instruction on the inference of the defendant's negligence under the doctrine of "res ipsa loquitur", which essentially means the accident would not have happened absent negligence.   There is also a Vehicle Code provision (§ 21703) that states:  "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway."  However, there are also rules that apply to slowing or stopping on a roadway.  Perhaps most important is Section 22109 of the Vehicle Code which provides: "No person shall stop or suddenly decrease the speed of a vehicle on a highway without first giving an appropriate signal in the manner provided in this chapter to the driver of any vehicle immediately to the rear when there is opportunity to give the signal."

The Importance of Accident Reconstruction

While the driver of a rear-ending vehicle is likely to be found primarily at fault for most accidents, there are certain accident reconstruction issues that come into play, affecting the assessment of liability for the collision.  In the case above, it will be important to determine why the truck slowed, whether its brake lights were functioning and the speed it was traveling at the point of impact.  As for the Lexus, it was reportedly traveling at between 65 and 75 miles per hour just before the accident so it will be important to find out the freeway traffic conditions and whether the driver may have been driving while distracted or impaired.  All of these factors play a role in assigning and apportioning fault for the accident.

If you or a loved one has been injured in a rear-end accident, consultation with an auto accident attorney may help you better understand your rights and the compensation you may be entitled to under the law.

SOURCE:  Fiery Collision on the 60 Freeway Leaves 3 Injured, KTLA News, September 6, 2013, by Stephanie Case

Pico Rivera Crash Leaves Three Dead Near 605 Freeway

Last night at about 8:30 p.m., a Honda Civic carrying five people apparently went out of control and crashed into a Nissan Sentra in Pico Rivera, resulting in three fatalities.  According to KTLA News, the accident happened on San Gabriel River Parkway near the intersection of Rose Hills Road.  The driver of the northbound Honda was killed immediately, and three backseat passengers, all children, were ejected and two of them died.  The third is in critical condition.  The front seat passenger in the Civic was taken to the hospital in critical condition, and the two occupants of the Nissan were hospitalized in serious condition.  It is unknown why the Honda went out of control, and the accident is still under investigation.

Cause of This Tragic Accident

While it is unknown what exactly caused the Honda's driver to lose control, there are indications from authorities that the vehicle was traveling at a high rate of speed before the crash.  Given the devastation at the scene of the crash, it is easy to believe this was indeed a high-speed collision.  Even more tragic than the apparent senselessness of this horrific collision is the fact that three children were in the back seat of the Honda, and they were ejected from the vehicle.  It is unknown whether they were wearing seatbelts or whether, even if they were, they were old and large enough to be without a child seat.  

The Scene of the Accident

The area where this accident occurred is curved, somewhat sloped and it has only one traffic control device, a stop sign for northbound traffic.  While the accident cause is still under investigation, it seems possible the driver of the Honda ran the stop sign near the freeway onramp and struck the Nissan as it was attempting to turn left onto the freeway.  The exact point of impact will have to be determined in order to resolve this issue, and whether the configuration of the roadway somehow played a role in the accident.

If you have been injured or a loved has been killed in a traffic accident, a free consultation with an experienced injury attorney is a good way to find out about your right to compensation.

SOURCE:  Pico Rivera Crash Kills 3, Including 2 Children, KTLA News, June 14, 2013, by Kellan Connor