Bus Accident in Inglewood Sends Victim to the Hospital

BUS ACCIDENT IN INGLEWOOD INJURES ONE 

This morning at about 7:30 a.m. a Metro bus slammed into a passenger car in Inglewood causing injuries to at least one person.  According to KTLA News, the accident happened on Hawthorne Boulevard near 102nd Street .  From the photograph of the collision, it looks like the bus struck the car broadside.  The damage to the black vehicle was fairly substantial, and one person was transported from the scene to the hospital in unknown condition.  It is not clear which vehicle the victim was in at the time of the crash, and no further details were readily available.

KNOW YOUR RIGHTS WHEN YOU HAVE BEEN INJURED IN A BUS ACCIDENT

If you or a loved one has been injured in a bus accident, contacting an experienced injury attorney with experience at handling these types of cases could be the most important first step toward recovering compensation for any injuries and damages sustained.

SOURCE:  Metro Bus Collides With Car in Inglewood, 1Injured, KTLA News, May 1, 2014, by Anthony Kurzweil

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.   

LA County Judge Claims Excessive Police Force

A Los Angeles County Superior Court Judge, David S. Cunningham, III, claims UCLA police used excessive force Saturday morning after he was stopped for a traffic violation.  According to NBC News, Judge Cunningham claims he was pushed against a patrol car, handcuffed and told he was under arrest for what ultimately amounted to a seatbelt violation.   UCLA's Police Department has acknowledged the judge was indeed stopped and a complaint has been filed.  This incident reportedly occurred after Cunningham was  stopped on Gayley Avenue just after leaving the parking lot of the Westwood LA Fitness.  

What To Do After You Have Been the Victim of Excessive Force

In most instances of police or security misconduct, in which excessive force was used, it is best for the victim to do everything they can not to escalate the situation and run the risk of suffering even more severe injuries.  Many people being apprehended by the police or private security officers believe they are innocent of any crime, and this prompts them to resist.  It is almost always a bad idea to try and overcome the force being used to effect an arrest, even an unlawful one.  Resisting a police officer in the performance of their duty (even if the initial stop is unwarranted) can lead to additional, criminal charges.  The best course generally is to express yourself calmly, and let it be known to those around you that you believe you are being victimized.

Because of "dash cams", cell phone videos and store surveillance footage, many instances of excessive force are recorded.  In the case above, for example, it may well be that the dash cam on the UCLA police cruiser captured at least some of the incident.  If excessive force was used, it will be very difficult for the police officers to overcome such evidence.  Since you as the victim may not know initially if the incident was recorded, it is always a good idea to photograph any visible injuries at the first opportunity.  Police and security officers may only use that force reasonably necessary to effect an arrest, and no more.  Sometimes excessive force is coupled with an unlawful arrest, and in those instances it is best to immediately seek the consult of a criminal defense lawyer as well as one who handles civil rights cases.

If you or a loved one is injured by what you believe was excessive force, an injury attorney with experience at handling such matters can often protect your rights and obtain compensation for your injuries and damages.

SOURCE:  Judge Files Complaint Against UCLA Police for Excessive Force, KNBC News, November 25, 2013, by Patrick Healy and Andrew Lopez

What To Do After a Hit-and-Run Accident

Early Sunday a hit-and-run driver caused a head-on crash in Newport Beach that injured six people, three of them critically.  According to ABC News, the collision happened on Pacific Coast Highway and Newport Boulevard around midnight when a vehicle traveling northbound on PCH reportedly crossed over the center line and crashed head-on into a car coming the opposite direction.  Police believe one of the drivers may have been driving while under the influence, according to the ABC story.  Three of the people injured in the southbound vehicle were taken to a local hospital in critical condition.  The police are still trying o locate the driver who caused the crash.

What to Do When You're Involved in a Hit-and-Run Crash

Collisions like the one above happen all too frequently, and they often remain unsolved for a number of weeks if not months.  If you are involved in such an accident, there are certain things you can do to protect yourself and best ensure you ultimately receive compensation for the injuries and damages caused by a hit-and-run driver.  First, the accident should be reported immediately to the police, and you should avoid getting involved in any sort of chase with the driver.  Second, every bit of evidence at the scene should be documented in photographs to the extent possible.  This should include photos of the point of rest of your vehicle, damage to your car and any evidence left at the scene (such as debris) by the hit-and-run driver.  It is extremely important to avoid disturbing any of the evidence as the police will also want to photograph or at least document the location of debris.  One issue that almost invariably comes up is that of paint transfers.  If you have the ability to inspect your vehicle at the scene, you should look for any paint on the bumper or fenders that may have been transferred from the hit-and-run driver's car.  That evidence should be carefully photographed, without disturbing its condition.  Finally, cooperating to the extent possible with law enforcement may very well help identify the adverse driver and ensure their arrest and identification for insurance purposes.

Beyond the steps above, it is important to report the accident promptly to your own insurance carrier. This is important for a number of reasons, not the least of which is that there are certain insurance policy/legal limitations on the amount of time within which you have to report a hit-and-run accident.  Also, if there driver is never identified or they do not have auto accident insurance, your claim for injuries and damages may have to presented to your own insurance carrier as an "uninsured motorist" claim.  Drivers who are not identified are considered uninsured pursuant to most automobile insurance policies.

If you or a loved one is involved in a hit-and-run accident, you should contact an experienced injury attorney to assist you with getting through the maze of paperwork and claims requirements in order to secure your right to compensation for any injuries or damages sustained.

SOURCE:  Pacific Coast Highway hit-and-run crash leaves 6 injured, KABC News, November 17, 2013, by KABC News, Orange County News

San Clemente Freeway Accident Injures 9, including 2 Small Children

Yesterday afternoon at about 1:00 p.m. nine people were injured in an accident involving a semi-truck on an Orange County freeway.  According to KABC News, the collision occurred on the southbound Interstate 5 at Camino de Estrella in San Clemente when a tractor-trailer combination traveling northbound skidded across lanes and through the center divider and hit at least six cars in the process.   Eight people, including two children ages 1 and 3, suffered moderate injuries and were taken to area hospitals.  One other victim sustained minor injuries.  The California Highway Patrol is still investigating the cause of the accident.

Truck Accidents

What the case above demonstrates is just how important it is to wear a seatbelt at all times and to be keenly aware of your surroundings.  When a tractor-trailer combination goes out of control, those motorists behind the wheel of ordinary passenger cars do not have much of a chance of coming out of an accident unhurt.  Because of their weight and the speeds they can travel, semi-trucks present a particularly dangerous threat on freeways.  You might not expect a passenger car to strike and then travel though a center median, but a semi-truck can do that easily.

San Clemente Accident Rates

Overall, the City of San Clemente is relatively safe when it comes to motor vehicle accidents.  When compared to cities of similar size in terms of population, San Clemente ranks 86th out of 103 in terms of injury and fatal accidents, according to the California Office of Traffic Safety.  However, with regard to alcohol-related collisions, the city ranks 13th when compared to other cities with a similar population. 

If you or a loved one has been involved in an Orange County truck accident, contacting an injury attorney with experience at handling such cases is perhaps the best way to begin investigating your claim.

SOURCE:  San Clemente crash involving semi injures 9 on Interstate 5, KABC News, Orange County News, October 24, 2013

Orange County Auto Accidents Leave Three Dead

KABC News, a violent crash on Sunday in Dana Point resulted in the deaths of two people and injuries to three others.  The accident happened on Coast Highway at about 1:30 p.m. on Sunday.  The second collision reported occurred in Santa Ana, and it tragically took the life of a six year-old boy and also caused serious injuries to his grandmother.

Dana Point Crash

In the Dana Point accident, four vehicles were involved and it appears this was a head-on collision probably caused by an unsafe passing maneuver.  One of the vehicles involved, a Volkswagen Jetta, was reportedly split in half as a result of the impact and both occupants, a 43-year-old man and a 32-year-old woman, were killed.  From the news report, it appears the Jetta may have been making some sort of passing maneuver around a Mini Cooper with a 15-year-old student driver behind the wheel.

Santa Ana Collision

In the second accident, a 6-year-old boy was walking to school with his grandmother near Ramona Drive and Central Avenue around 8 a.m.  While within a crosswalk, the boy and his mother were struck by a Ford F-150 pickup being driven by a 17-year-old driver.  The small boy suffered major head trauma and ultimately succumbed to his injuries at a local hospital.  The grandmother sustained a broken arm and much less severe head injuries.

Teen Drivers and Accidents

It is an unfortunate reality that teen drivers present a more substantial risk of being involved in an accident when compared to more mature drivers. According to the Centers for Disease Control and Prevention, motor vehicle accidents are the leading cause of death for teens.  The risk of being involved in an accident is particularly high for newly licensed drivers and male drivers in this age group.  In the accidents above, it is possible that inexperience behind the wheel may have caused or at least contributed to the tragic Santa Ana collision.  While the precise cause of both accidents is still under investigation, the inexperience of the student driver in the Dana Point accident may have some how played a role in that horrific crash.

If you or a loved one have been involved in an Orange County auto accident, contacting an injury attorney with experience at handling such cases could be the most important step toward obtaining compensation for the injuries and damages sustained.

SOURCE:  Dana Point car crash: 2 dead, 3 injured in violent accident, KABC News, Orange County News, October 13, 2013

SOURCE:  Santa Ana crash leaves 6-year-old boy dead, grandma injured, KABC News, Orange County News, October 14, 2013

Tragic Accident in Temecula Takes the Life of 7-Year-Old

A second-grader was killed on Tuesday in Temecula as he was crossing the street to reach an ice cream truck.  According to KABC News, the 7-year-old boy, Diyarbek Uzakbaev, was crossing the 29000 block of Pujol Road when he was struck.  The driver of vehicle, 25-year-old Bradley Megginson, was arrested on suspicious of gross vehicular manslaughter, and investigators suspect alcohol was a factor.  Megginson was booked into the Southwest Detention Center in French Valley, and his bail has been set at $75,000.  A fund has been setup to help Uzakbaev's family with burial costs, and donors can make deposits at any Wells Fargo Bank branch.  For cash donations, use account No. 3451570190, and for checks, deposit to account No. 6451481763 under the name Nuratdin Amankulov.

Scene of the Accident

The stretch of roadway where the accident occurred is in a residential and fairly rural area.  Any driver traveling through the area should reasonably expect children playing along the side and perhaps even in the road.  The posted speed limit in on Pujol Road is 30 miles per hour which is slow enough to give a driver a sufficient opportunity to see and potential danger and react in time to avoid an accident.  Assuming that Megginson was indeed impaired, that could explain a slower perception and reaction time.  In such a tragic accident, especially where a criminal prosecution is contemplated, you would expect a full accident reconstruction, which might include the opinion of experts relative to driving while impaired and engineering/accident reconstruction.  

Wrongful Death Claims

Under California law, the parents of a child killed in an accident caused by someone else's negligence have the right to bring a wrongful death claim against the negligent party.  The damages recoverable can never adequately compensate a parent for the loss of their child, but they are the only thing our civil justice system can provide.  Generally, the measure of damages is based on the loss of the child's love, companionship, comfort, care, assistance, protection, affection, society, and moral support.  Additionally, economic losses to the parents such as funeral and burial expenses incurred, as well as financial support the child would have provided to the family, can be recovered.

If you have been injured or a loved one killed in a DUI accident, contacting an experienced injury attorney can be the most important step taken toward obtaining civil justice for you and your family.

SOURCE:  7-year-old boy struck, killed in Temecula heading to ice cream truck, KABC News, September 18, 2013, Inland Empire News

Santiago Canyon Accident Leaves One Dead and Six Injured

Early Monday morning a two-car crash on Santiago Canyon in Orange County left a 16-year-old girl dead and six others injured. According to KTLA News, the crash occurred on East Santiago Canyon Road when the two vehicles were headed toward Silverado Canyon Road at about 1:45 a.m.   The girl killed in the accident, Marie Elizabeth Johnson, was reportedly not seat-belted and was ejected from one of the two Honda Civics traveling together before the crash.  The driver of the lead car hit his brakes hard after seeing a deer, and the driver of the second vehicle, identified as 19-year-old Antonio Escamilla, did likewise, leading to the accident. Escamilla has been arrested on felony DUI and manslaughter charges.  The condition of the six other people injured and hospitalized is currently unknown.

 Seat Belt Use Among Teens

Unfortunately, seat belt use among teens is much lower than the use among adults, according to the National Highway Traffic Safety Administration.  In 2009, more than half of the people ages 16 to 20 years old who were killed in traffic collisions were unbelted at the time.  What some people may think is that air bags provide sufficient protection, but the accident above is a tragic illustration why this is not the case.  While air bags may reduce body motion and impact with the interior during a collision, they do not prevent vehicle occupants from being ejected in a major collision.  The combination of using a seat belt and being protected by an airbag is what  most often saves lives.

Driving While Impaired

In the accident above, the driver of the car in which Johnson was riding has been arrested for driving while impaired.  In spite of all of the media attention given to drunk driving and national campaigns intended to curb the problem, more than 10,000 people died in alcohol-impaired driving crashes  in 2010, according to NHTSA.   As demonstrated by the tragic collision above, teens are at a far greater risk of death in an alcohol-related crash than the overall population.

If you or a loved one have been injured in an accident involving an impaired driver, seeking a consultation with an experienced injury attorney is perhaps the best way to find out about your right to compensation for the injuries and damages sustained. 

SOURCE:  Family, Classmates Mourn Teen Killed in Silverado Crash, KTLA News, September 10, 2013, by KTLA 5 Web Staff

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

Orange Accident on 5 Freeway Leaves One Dead

While waiting for a flat tire to be fixed on the 5 freeway in the City of Orange, a 54-year-old man was struck and killed Thursday night.  According to a report by KABC News, the victim was sitting on the bumper of a Toyota Sequoia while one of the passengers changed the flat tire when the accident occurred.  The driver of the Toyota had pulled over at the State College Boulevard exit to the northbound 5 freeway and stopped at about 9:30 p.m., well before a green Lexus traveling at about 60-65 miles per hour struck the rear of the Toyota.  The deceased was pinned under the Lexus, and he died at the scene.  The passenger who was changing the tire sustained major injuries and two other passengers who remained inside the SUV suffered minor injuries.  The driver of the Lexus sustained moderate injuries, and all of those hurt in the accident were transported to local, Orange County hospitals.  The crash does not appear to have been related to driving under the influence, and the precise cause of the crash remains under investigation.  

Cause of the Crash and Driver Inattention

Tragic accidents like the one above are often caused by driver inattention and are completely avoidable.  However, it is very important in such cases to reconstruct the accident and determine the location of the stranded vehicle (relative to the travel lanes), whether the emergency flashers were operating, and whether the moving vehicle had its headlights on.  If the Toyota Sequoia was completely out of the travel lanes and had its emergency flashers operating, it would be very difficult to understand how an attentive driver could not have seen the Toyota in sufficient time to determine it was stopped and out of the travel lanes.  The area of the accident is relatively flat and straight.  About the only "confusing" element to this area of the roadway is the striping, and at night it might appear as though the shoulder was actually a travel lane.

If you have been injured or a family member has been killed in a stalled vehicle accident, contacting an experienced Orange County car accident attorney is generally the first and most important step toward obtaining compensation for the injuries and damages suffered.

SOURCE:  I-5 crash in Orange kills 1, injures 4 others, KABC News, Orange County, August 23, 2013

101 Freeway Accident - One Killed and Two Seriously Injured in Suspected DUI Crash

On Sunday morning at about 4:00 a.m., a 24-year-old man was killed and his two passengers were badly injured in a rear-end accident on the 101 Freeway in Encino.  According to the ABC News Report, the victim's car, a Toyota Scion, had stalled on the freeway just before  the fatal accident.  The driver of the Scion, Alfredo Alvara, got out of his vehicle before he and his car were struck by a Toyota Forerunner, driven by a suspected drunk driver, 30-year-old Robert Graves of Reseda.  The two passengers in the Scion, 30-year-old Erica Monge and 23-year-old Teresa Oporto, were critically injured.  Graves and his passenger suffered only minor injuries.  According to the news report, Graves is now facing DUI and manslaughter charges.  

Dangerous Times to Drive

The accident above happened at about 4:00 a.m., when there are generally fewer cars on the road.  In fact, the fewest crash-related deaths occur between 4:00 a.m. and 5:00 a.m., according to the National Highway Traffic Safety Administration.  However, the instances of drunk driving, speeding and driving without a safety belt all significantly increase during the night hours and each contributes directly to increased fatality rates, according to a Forbes report.  In the case above, the driver who rear-ended the stalled vehicle is suspected of driving drunk, and 54% of crashes occurring at night are alcohol-related.  While it is conceivable that intoxication may not have played a role in the accident, the suspected drunk driver would have to convince a jury that he could not see the Alvara vehicle stalled in the roadway in sufficient time to avoid a collision.  Whether the Scion's lights were on, whether the emergency flashes were illuminated and the amount of artificial/street lighting in the area will all be factors in making this determination.

If you have been injured or a loved one killed in a DUI-related accident, contacting an experienced auto accident attorney is perhaps the best way to learn about your rights and the merit of a claim.

SOURCE:  101 Freeway crash in Encino: Driver of stalled car hit, killed, ABC Los Angeles News, July 28, 2013, by Amy Powell

Fiery Crash in Yorba Linda - Victim Rescued by O.C. Sheriff's Deputies

Last Thursday at about 2:45 a.m. two Orange County Sheriff's Deputies rescued a 49-year-old man from his burning vehicle in Yorba Linda.  According to NBC News, the O.C. Deputies, Shane Steiefel, and his partner, Gilbert Lascurain, came across a taxi cab (minivan) that had crashed into a pole and was on fire.  The driver was incoherent, and his foot was apparently still on the accelerator when the Deputies approached.  Not sure what they were dealing with, Steifel and Lascurain ordered the driver out of the vehicle at gunpoint.  Once it was apparent the driver was not responding and the fire was about to envelope the passenger compartment, the deputies pulled the victim from the burning vehicle, which exploded into flames within about 20 seconds.  Paramedics at the scene indicated the victim could have suffered from diabetic shock.  The entire incident was caught on dashboard video.  

Medical Emergencies and Motor Vehicle Accidents

Automobile accidents caused by a driver's medical emergency are relatively rare.  According to the National Highway Transportation Safety Administration, such accidents only account for about 1.3% of all motor vehicle crashes.  Not surprisingly, medical emergency related accidents are most common among the elderly population.  Most of these accidents involve a driver who is alone, and they most commonly occur after the vehicle has left the roadway.  More often than with other types of crashes, medical emergency related crashes tend to be more often fatal.  The most common medical conditions are seizure, black out and diabetic reaction.  Most drives involved in these accidents, roughly 74%, were aware of the underlying medical condition that caused the emergency.  This is why it is so important for drivers with a re-existing medical condition to take appropriate steps to protect themselves  and other motorists.  They should always ensure their medication levels are what they should be before driving for a long period of time.  There should always be a detailed discussion with your doctor about what steps should be taken if you have a condition that might lead to a medical emergency behind the wheel.

If you or a loved one has been involved in an accident caused by another driver's medical emergency, contacting an Orange County personal injury attorney may be the best and most important step toward obtaining compensation for any injuries or damages sustained.

SOURCE:  Orange County Deputy Pulls Man From Burning Car in Yorba Linda, NBC News, Southern California, July 22, 2013, by Ron Rokhy and Vikki Vargas

Fatal Pedestrian Accident in Riverside Involves Suspected DUI Driver

A pedestrian was killed early this morning in Riverside when the driver of a pickup truck lost control and drove onto a sidewalk.   According to the report by KABC News, the 43-year-old victim was being struck by a suspected drunken at about 2:30 a.m. in Riverside.  The accident happened at about 2:30 a.m. near the intersection of Crest Avenue and Babb Avenue.  According to witnesses, the driver, 19-year-old Mena Joel Guzman, was driving north on Crest when he could not negotiate a curve and drove onto the sidewalk.  The pedestrian, who has yet to be identified, was pronounced dead at the scene.  Guzman was subsequently arrested for vehicular manslaughter and felony DUI and booked into jail.  The Riverside Police Department's Major Accident Investigation Team is still investigating the cause of the crash and anyone with information is asked to call Detective Ken Madsen at (951) 826-8723.

Scene of the Accident

The scene of the accident is in a residential area and the intersection is somewhat angulated beyond the normal 90 degrees.  While the roadway configuration may have played some role in this accident, it will take a full blown accident reconstruction to make that final determination.  When a roadway is inherently unsafe and the driver impaired (due to alcohol, drugs, fatigue, etc.), it is easy to see how that would be a recipe for disaster.  While there is a stop sign at the intersection, there does not appear to be any curve warning sign for northbound Crest vehicles.  There does not appear to be many street lights in the area of the accident, and lighting will have to be evaluated to see if it was a contributing cause of this tragic accident.  One thing is clear from the description of the accident above, the pedestrian likely shares no part of the blame for what happened.

DUI Accidents in Riverside

According to the California Office of Traffic Safety, the City of Riverside is among the safer cities when compared to others of similar size.  Where Riverside does not fair well is in terms of city ranking for accidents involving people under 21 who had been drinking.  Riverside ranks 5th out of 13 in that category, meaning only four similar-sized cities are worse.  It should be remembered that California has a zero tolerance program for drivers under the age of 21 who have been drinking.  If an underage driver demonstrates a blood alcohol level of even .01 or greater they may lose their license and/or be convicted of driving under the influence.

If you or a family member has been the victim of a DUI driver, a personal injury attorney with experience at handling such cases may be of assistance in obtaining the monetary compensation allowed under the law.  

SOURCE:  Riverside suspected DUI crash: Pedestrian dead, driver arrested, KABC News, July 13, 2013, by Inland Empire news.

Two Boys Badly Injured While Riding Bicycle in Highland

Two boys, ages 6 and 9, were riding the same bicycle when they were hit and badly injured by a vehicle in Highland on Monday afternoon.  According to the Press Enterprise, the boys "darted" into the path of a truck in the 25900 block of Ninth Street and were struck.  Citing official sources, the Enterprise also reported the boys were not wearing helmets at the time of the collision, and they suffered major head and chest injuries as a result of the accident.  The driver of the westbound pickup truck, 47-year-old Lewis Johnson, stopped at the scene.  The boys were taken to Loma Linda University Medical Center and were most recently listed in stable condition.  Anyone who may have witnessed the accident should call the San Bernardino County Sheriff's Department at 909-790-3105.

The Bicycle Helmet Law in California

Under California law, "[a] person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway...or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet..." (See California Vehicle Code Section 21212)  Assuming the two boys above were not wearing bicycle helmets this would be a violation of the law, and it may ultimately impact their ability to obtain compensation for their injuries and damages.  If it can be shown that wearing a helmet would have prevented the head injuries suffered by the boys, then the insurance carrier for the driver (assuming he shares any of the responsibility for the accident) would likely deny most, if not all of the claim.  

Fault for The Accident

The accident described above is generally referred to as a "dart out" by injury attorneys and claims adjusters.  It is not at all uncommon for the investigating officer in a vehicle versus bicycle accident to make an all or nothing determination of fault, generally assigning all of the blame to the bicyclist.  However, a careful accident reconstruction (taking into account vehicle and bicycle speeds, visibility, perception-reaction time, etc.) may later reveal the accident was caused by the shared responsibility of the driver and the bicyclist.  Simply put, a careful accident reconstruction is a tedious and time-consuming process, and that much time may not be available to the officer at the scene.

If you or a loved one has been injured in a bicycle-related accident that may have been a case of shared responsibility, contacting an experienced personal injury attorney may be a good first step toward making a decision whether to pursue an injury claim.  

SOURCE:  HIGHLAND: 2 boys on bike badly hurt by car, the Press Enterprise, July 9, 2013, by Richard Brooks

Street Racing Suspected in Crash That Kills Two, Injures Four

A crash that occurred in the Inland Empire on Sunday morning just before noon has left two women dead and four other people badly injured.  According to the Press Enterprise, the accident happened at about 11:35 a.m. in Winchester, at the intersection of Domenigoni Parkway and Leon Road.  Citing official sources, the Press Enterprise is reporting the driver of a white Ford Ranger was apparently racing a blue SUV when the accident happened.  The Ranger entered the intersection at a high rate of speed and struck a Lexus sedan on the passenger side of the vehicle.  The two women who died in this tragic accident, 35-year-old Rosy Vargas and 49-year-old Monica Rochin, were in the front of the Lexus, and they were killed instantly.  The backseat passengers in the Lexus, 54-year-old Felipe Rangel of Hemet, 17-year old Selena Monge of Menifee and 5-year-old Christopher Monge of Menifee, suffered moderate to severe injuries and were transported to local hospitals.  The driver of the Ford, Noel Mayorga Jr., a 38-year-old Menifee resident, was arrested on suspicion of DUI, and he remains in critical condition at Inland Valley Regional Medical Center.  The precise cause of the accident is still under investigation, and police are actively searching for the driver of the SUV who did not stop.

Street Racing and Deadly Accidents

While more prevalent in years past, street racing is still occurring with alarming frequency and, as the case above demonstrates, often with deadly consequences.  The statistics regarding illegal street racing and the fatal accidents they cause are a bit elusive, but the National Traffic Safety Administration has indicated the practice of street racing accounted for over 100 and perhaps as many as 1,000 deaths between 2001 and 2008.  While "muscle cars" are no longer as popular as they once were, the accident above shows that racing still happens even when the vehicles involved are relatively tame.  Adding to the problem in the Winchester accident was Mayorga's alleged impairment, which might help to explain why someone driving a small pickup truck would be racing an SUV in the middle of a Sunday morning.  Regardless of the reason, the impact of driving through an intersection at a high speed has had on the victims of this tragedy and their families will never be forgotten.

If you or a family member has been the victim of a street racing crash, contacting an auto accident attorney may be the best first toward recovering compensation for the injuries and damages sustained.  These cases can often have considerable complexity because of accident reconstruction and insurance issues.  

SOURCE:  MENIFEE: Women killed in suspected street racing crash identified, the Press Enterprise, July 8, 2013, by John Asbury and Sarah Burge

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

Fullerton Bicyclist Killed in Collision with Truck

Thursday afternoon a female bicyclist was killed in an accident with a FeEx truck at an intersection in Fullerton.  According to KABC News , the accident happened at 2:18 p.m. at the intersection of Nutwood Avenue and Ladera Vista Drive.  The victim, described as a young woman who appeared to be in her 20s, was apparently traveling eastbound on Nutwood at the time of the accident.  The FedEx driver was reportedly turning left onto Nutwood from northbound Ladera Vista when the collision occurred.   Paramedics who responded pronounced the victim dead at the scene.   The precise cause of this tragic accident is still under investigation, and anyone with information should call the Fullerton Police Department at (714) 738-6813.

The Cause and Scene of the Accident

The intersection where the above accident happened is in the middle of a residential neighborhood. The corner is a unique configuration without the usual 90 degree angles.  It's not clear how the accident happened or whether the layout of the intersection somehow contributed to this tragic accident.  Given the location of the limit line for northbound Ladera Vista traffic, it seems possible the driver of the FedEx truck could have had a difficult time seeing a bicyclist heading eastbound on Nutwood. There are two trees on Nutwood that could have blocked the driver from seeing the bicyclist.  A careful reconstruction of the accident should reveal whether the driver's line of sight was impaired in some way.

Is This a Case Involving an Apportionment of Fault

Accidents like the one above often involve an apportionment of responsibility.  In general, when a driver and a bicyclist collide, the driver will often contest responsibility based on the fact they were unable to see the cyclist until it was too late to take evasive action.  The bicyclist will often contend their right-of-way was violated by the driver.  It is not uncommon for there to be some truth to both positions, and the driver and the cyclist will share the responsibility for the collision.  The question as to which party will bear the greater fault is often a question resolved by way of expert testimony.  Experts are often retained by the parties to reconstruct how and why the accident happened, and it is their testimony upon which juries often rely.

If you have been seriously injured or a family member has been killed in a bicycle accident, contacting an Orange County injury attorney for a free consultation is perhaps the best way to find out about your rights to compensation.

SOURCE:  Fullerton bicyclist struck, killed by FedEx truck, KABC News, June 20, 2013, Orange County News

OC Hospitals See Downward Trend in Report

Nearly a third of California’s hospitals had worse in-patient death rates for various procedures and conditions than the statewide average during the two-year period, between 2010 and 2011, according to the Office of Statewide Health Planning and Development.  

The report, released on Monday, documents Inpatient Mortality Indicators (IMIs) for California hospitals in an effort to improve the quality of patient care and to help consumers make more informed healthcare decisions, among other reasons.  Interestingly, Orange County Hospitals fared pretty well in the 2010-2011 study.

Orange County Hospital Ratings

In the 2011 report from the OSHPD, Orange County hospitals received seven "Better" ratings and only three "Worse" ratings than the Statewide averages for the particular procedure performed or condition treated.  While this would seem to be a solid performance for 2011, the ratings of Orange County hospitals in 2010 were actually better.  In fact, in 2010 Orange County facilities received fourteen "Better" ratings and only three "Worse" ratings.  It is unknown whether this downward trend is a reflection of a drop in the quality of care or simply a statistically insignificant change.  

Medical Malpractice in Orange County

In spite of the number of patient injuries and deaths documented in Orange County each year, very few patients or their families are actually compensated for their losses.  Malpractice lawsuits in this county rarely result in a verdict in favor of the patient, and doctors/hospitals prevail the vast majority of the time.  Unfortunately, juries tend to favor doctors, and that bias translates into defense verdicts and physicians being held accountable for their mistakes only a small percentage of the time.  

If you or a loved one has been injured by what you believe is medical neglect, contacting an Orange County malpractice attorney is likely the best, first step toward determining whether you have a valid case.

SOURCE:  AHRQ - Inpatient Quality Indicators (IQIs), Hospital Inpatient Mortality Indicators for California, 2010 and 2011, Office of Statewide Health Panning and Development, June 10, 2013

Wrong-Way Driver Kills San Bernardino Doctor

On Friday morning, a 66-year-old doctor was killed in an auto accident with a wrong-way driver in San Bernardino.  According to the Press Enterprise, the crash occurred at Waterman Avenue and Marshall Boulevard just before noon.  The victim, Allen Newton, M.D., from Lake Arrowhead was traveling south on Waterman when a northbound pickup truck, driven by 33-year-old Brian Bohn, crossed the double yellow line and crashed head-on into the Ford Taurus being driven by Dr. Newton.  Reportedly, Bohn was arguing with his female passenger at the time of the accident.  There was also a 6-month baby in the truck, and all three occupants were taken to the hospital with critical injuries.  Dr. Newton was an anesthesiologist practicing at St. Bernadine Medical Center in San Bernardino and graduate of Loma Linda University School of Medicine.

The Cause of the Accident and Wrongful Death Claim

The collision above is nothing short of a shocking tragedy, and it is unknown whether it should truly be characterized as an "accident", since it appears it may have been intentional or at least reckless.  Bohn's actions do not appear to have been related to anything having to do with the roadway since it is flat and straight in the area of the accident.  It is almost inconceivable that someone could intentionally drive their vehicle into opposing traffic with a woman and baby in the car.  The police investigation and charges eventually brought against Bohn, if any, will be very telling in terms of why this crash occurred.  One life has been cut short and three others may never be the same because of this collision.

Wrongful Death and Personal Injury Claims

The two passengers in the Bohn vehicle, the woman and the 6-month-old child, likely have meritorious claims against Bohn for their injuries and damages.  In addition to these very serious injury claims, Dr. Newton's family may also have a claim for wrongful death.  Under California law, the doctor's surviving spouse and children may bring a civil action to recover for the loss of their loved one.  Wrongful death claims in this State are purely a creation of statutory law, and before the statute was enacted, the bodily injury claim of someone killed in an accident simply terminated with the death.  That seemingly unfair law was changed a number of years ago, and now particular members of a decedent's family (those who would inherit from the deceased) are entitled to pursue a wrongful death claim.  The damages recoverable include the loss of the relationship and support the deceased would have provided had they not been killed.

If you have ben seriously injured or a family member has been killed in an automobile accident, a free consultation with a trial attorney is perhaps the best way to help understand your rights under the law.  Not every injury or death is the result of the type of carelessness or recklessness recognized under the law.

SOURCE:  SAN BERNARDINO: Head-on crash killed St. Bernardine doctor, June 9, 2013, by Richard Brooks