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

Rollover Crash in Inland Empire on Lytle CReek Road Leaves Six Injured

Monday evening at about 6:30 p.m. a white Lincoln Navigator overturned on a stretch of Lytle Creek Road, injuring all six occupants and demolishing the SUV.  According to the Press Enterprise, the accident happened in the Inland Empire on the road leading into Lytle Creek on a fairly curving section of the road.  Two of the injured suffered serious injuries and had to be airlifted to local hospitals.   According to officials, the Navigator was traveling south at an undetermined speed when it ran off the road, and the driver overcorrected, causing the vehicle to roll over several times.  After being interviewed by the police, the driver of the SUV was arrested on suspicion of drunk driving.  According to a local resident, this area of Lytle Creek Road has a history of accidents.  

Cause of the Accident

The area of the accident is in a very rural part of San Bernardino County.  Lytle Creek Road in that area is curved and certainly anyone driving the road at a high rate of speed or while impaired would have a difficult time keeping their vehicle on the road.  Additionally, because the Navigator was headed south, most likely downhill, a driver not paying close attention to the increase in speed because of the decline might attempt to take a curve in the road too fast.  According to the resident interviewed by the Press Enterprise, there have been at least four accidents at that location since 2005.

Roll Over Accidents

The accident above involved a vehicle that rolled over several times, a particularly dangerous scenario.  This type of accident is second only to frontal or head-on crashes in terms of the fatality rate, according to the National Highway Transportation Safety Administration.  The dangers of rollover accidents are particular high when it comes to SUVs and other light trucks.  The accident above is what is generally referred to as an "untripped" rollover or one in which no stationary object was involved that contributed to the vehicle turning over.  Severe turning maneuvers are thought to be the primary cause of these types of accidents, and it seems likely this may have been the cause of the accident above.    That excessive turning maneuver, assuming there was one, might be explained by the driver's impairment and overreaction to a momentary loss of control.  A complete accident reconstruction will likely determine whether driver error alone caused the crash or whether there was also a vehicle safety issue.

If you have been injured or a loved one killed in a roll over accident, determining the precise cause may better enable you to obtain compensation for the injuries and other losses sustained.  An injury attorney with experience at handling such accidents can most likely be of assistance in evaluating the potential for recovery.

SOURCE:  CAJON PASS: 6 hurt after SUV overturns on curvy road, the Press Enterprise, July 1, 2013, by Richard Brooks

Fatal Accident in Muscoy Involves Suspected Drunk Driver

Last Thursday, a head-on collision involving a suspected drunk driver in Muscoy (a small town in San Bernardino County) took two young lives who were riding in the same car.  According to the Press Enterprise, the crash occurred at about 10:00 p.m. on Cajon Boulevard, just south of Fifth Avenue.  The two victims, Ismael Ramires Mejia, 26, and his 19-year-old passenger, Lauriano Mejia Ramirez, were traveling southbound in a Nissan Maxima when their vehicle was struck by a northbound Dodge pickup truck.  The driver of the truck, 36-year-old Felix Roman Nava, has been arrested for investigation of drunken driving and vehicular manslaughter.  

Drunk Driving Statistics

According to the National Highway Traffic Safety Administration, more than 10,000 people die each year in accidents involving an alcohol-impaired driver.  That equates to one person being killed by a drunk driver every 51 minutes.  Not too surprisingly, given these numbers, an estimated 4 million adults reported driving while impaired in 2010.  According to the United States Department of Transportation, in spite of the still shocking numbers, there have actually been fewer and fewer alcohol-related fatal accidents in the last three years.  Accidents like the one above, however, are a shocking reminder that we still have a long way to go in terms of preventing these senseless tragedies.

Remedies for Those Impacted

When an drunk driver causes an injury-accident, the victims have a number of civil remedies available to them.  While the criminal justice system will take care of punishing the offenders, the civil justice system is available to compensate (to the extent possible) the victims and their families.  Personal injury and wrongful death lawsuits are often the only way someone victimized by a drunk driver will have a chance to get their life back on track.  Monetary compensation can at least take the financial burden off of the victims, and place it where it belongs, on the drunk driver.

If you have been injured or a family member has been killed by a drunk driver, contacting a personal injury attorney who handles such cases is an important first step toward obtaining compensation.

SOURCE:  MUSCOY: Motorist jailed in DUI wreck that killed 2, the Press Enterprise, June 24, 2013, by Richard Brooks

Three Pedestrians Killed By Alleged Drunk Driver in Orange County

The Orange County Register has reported a suspected drunk driver is under arrest after a mother, daughter and another family member out walking late Saturday night were struck while crossing the street.  The accident happened at about 11:00 p.m. in the 100 block of South Western Avenue, near Lincoln Boulevard, in the City of Anaheim.  According to the news report, the suspected drunk driver, Anthony Lewis Sanchez, 40, was arrested on suspicion of driving under the influence and vehicular manslaughter.  Of the three victims, Carmen Mendoza, 56, her daughter Sheyla Mendoza, 21, and Stephanie Henriquez (niece and cousin to the pair, respectively), one was pronounced dead at the scene and the other two reportedly died at the hospital.

The Scene of The Accident

The area of the accident is residential and there are a number of small, side streets that intersect with Western Avenue.  Unbeknownst to most people, those "t-intersections" formed by the side streets which end at Western Avenue, create unmarked cross-walks within which pedestrians may lawfully cross.  Given there are a number of single-family homes and apartment buildings in the area, any driver exercising reasonable care would know that encountering a pedestrian in the roadway was something to be expected.  Consequently, drivers traveling on Western Avenue, particularly at night,  should keep a vigilant lookout for pedestrians crossing the street.  It is hard to imagine how anyone, other than a drunk driver, could miss seeing three people in the middle of the roadway in time to slow or stop.

The Law Relative to Auto Versus Pedestrian Accidents

While it is true that pedestrians who cross in the middle of a block do not have equal right to be in path of an oncoming driver, they are not fair game for a motorist who operates his vehicle without regard for what may unexpectedly appear in street.  The California Vehicle Code requires pedestrians who are "jaywalking" to yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.  This does not relieve drivers of the obligation to proceed with "due care for the safety" of pedestrians. (California Vehicle Code Section 21954)

Auto versus pedestrian accidents often involve complicated issues of accident reconstruction and application of the law.  If you or a family member have been seriously injured in such an accident, an Orange County auto accident attorney can be of assistance in evaluating the respective rights of the parties.  

SOURCE:  Memorial honors 3 pedestrians killed in Anaheim, Orange County Register, February 10, 2013, by By Alyussa Duranty and Ian Hamilton