Inland Empire Third-Party Civil Claims Make the News

Two third-party criminal assault claims have made the news recently.  In each case, the injured party or their family is seeking compensation in a civil court after a crime was committed against them or their family member by an unknown third party.  According to the Press Enterprise, the mother of a 14-year-old boy killed in a drive-by shooting is seeking compensation from the City of Riverside for failing to warn of or prevent the shooting and/or prosecute the criminals.  In the second case, a family is suing an Inland Empire school district for failing to prevent a violent assault against them that took place after a high school football game.

The Law In California - The Post-Game Assault

In the case of a property owner or someone in control of certain property, there is a legal duty to protect people on the property from a violent attack when the owner/occupier knows or has reason to know that the acts of the third person are occurring, or are about to occur.  In the case of the post-game fight referenced above, the school district would only be liable if they knew or had reason to know the attack was likely to occur.  For example, if the district knew that after these two schools had played in the past there had been multiple fights, then there may well have been a duty to provide more security than was present at the time of the assault on the family.  It must also be shown, however, that the additional security likely would have prevented the attack from occurring in the first place.  Generally, in order to successfully pursue such a claim an expert would have to be hired to testify about the need for security and the likelihood or preventing the assault.

The Law in California - Obligations of the Police

Under the law in California, the general rule is that although the government may assume responsibility for providing adequate police protection against third party violence, this does not create a legal duty that normally will give rise to civil liability.  In other words, public entities (such as police departments) generally are not liable for failing to protect individuals against crime.  In most instances, these general rules prevent the victims of violent crimes and their families  from recovering compensation based on a claim that their injuries and losses could have been prevented by timely assistance from a law enforcement officer.  In the case above, it seems doubtful any one of the exceptions to these general rules would apply.  If that proves to be true, the only civil recourse the family would have then would be directly against the perpetrator(s) of the drive by shooting.

In both of the cases above, what appears to be missing from these cases is some action or inaction by security or the police that created a "special relationship" with the victim(s) and therefore a duty to take action.  Liability may be imposed if a security or police officer voluntarily assumes a duty to provide a particular level of protection, and then fails to do so, or if an officer undertakes affirmative acts that increase the risk of harm to the plaintiff.  For example, if a security officer had agreed to escort the family in the post-game fight to their car and was then careless in the manner in which he did it, liability could be imposed and damages awarded.

If you or a loved one has been the victim of a third-party criminal assault, a free consultation with an experienced injury attorney may be the most important step to take in terms of understanding your right to compensation.

SOURCE:  RIVERSIDE: Mother of slain teen seeks $7 million from city (12:30 P.M. UPDATE), the Press Enterprise, September 26, 2013, by Brian Rokos
SOURCE:  MENIFEE: Post-game fight prompts lawsuit, the Press Enterprise, September 25, 2013, by Sarah Burge

Studio City Hit-and-Run Proves Fatal for Pedestrian

Late Saturday night a pedestrian was killed in a hit-and-run accident in Studio City after being struck by a white Mercedes whose driver fled the scene.  According to the report by KTLA News, the incident happened when the victim was walking across Ventura Boulevard at the intersection with Fairway Avenue at approximately 11:45 p.m.  The victim, who has yet to be identified, was pronounced dead at the scene.  The white Mercedes CLS reportedly has paper plates with the word "Encino" on them.  The Los Angeles Police Department is still investigating the crime, and anyone with information is asked to the call the LAPD.  An anonymous tip can be left at 1-877-527-3247.

Location of the Accident

The intersection where the accident occurred has a marked crosswalk for pedestrians crossing Ventura Boulevard.  It is unknown whether the victim was within the crosswalk at the time, but it is certainly an area where a driver should expect to find pedestrians crossing the street.  There are a number of businesses (including restaurants and a bowling alley) in the immediate vicinity of the intersection.  Aside from these factors, this stretch of Ventura Boulevard is curved which could reduce the amount of time a driver would have to observe a pedestrian crossing the street in front of them.  With the driver fleeing the scene of the accident, it can be reasonably inferred they at least felt some responsibility for what happened.  Under California law, flight from the scene of a crime or accident can be considered as evidence of consciousness of guilt, although this is not conclusive evidence, and the jury is entitled to decide what weight should be given to the evidence.

If a loved one has been killed or you have been injured in a pedestrian accident, contacting an experienced injury attorney can be an important first step toward securing compensation for the losses, injuries and damages sustained.

SOURCE:  Search Underway for Hit-and-Run Driver in Studio City Fatality, KTLA News, August 18, 2013, by Ann Pride

MTA Bus Collides With and Kills Pedestrian and Dog

A horrific bus accident occurred today taking the life of a pedestrian and his dog.  According to KABC News, the accident happened in the 8100 Block of Webb Avenue in Sun Valley when an MTA bus struck the pedestrian and his dog at about 11:00 a.m.  An MTA representative has indicated the victim was walking his dog when it got loose and ran into the street.  The accident happened when the man ran into the street after his dog.  The accident is under investigation.

Scene of The Accident

The tragic collision above occurred along a stretch of Webb Avenue that is flat, straight and with no obstructions.  Looking at the aerial photograph provided by KABC News, it appears the victim and his dog were hit in the number one lane very near the Cristo Es La Roca church.  Assuming the photograph documents the point of rest of the bus, it appears the MTA bus traveled in the number one lane for some distance after the impact.  It is unknown what speed the bus was traveling just prior to the accident, and it is not readily apparent what the speed limit is at the scene, although there is a 35 mph limit posted some distance away.

Reconstruction Issues

Anytime a moving vehicle strikes a pedestrian, issues of speed and perception-reaction time are considered.  When a vehicle is traveling at 35 mph, this translates to about 52 feet per second.  Since the generally accepted perception-reaction time is about 1.5 seconds, if the potential collision can be anticipated from a distance of greater than 78 feet then it could be avoided.  In other words, if the bus driver could have seen the pedestrian in the road when the bus was roughly 80 feet away from the point of impact, the accident could likely have been avoided by an attentive driver.  These reconstruction issues are the same law enforcement generally considers, or should consider, when determining fault for an accident.

If you or a loved one has been involved in a pedestrian accident, contacting a personal injury attorney is a good first toward obtaining compensation for the injuries and damages sustained.

SOURCE:  MTA bus kills pedestrian, dog in Sun Valley, KABC News, Los Angeles News, August 14, 2013

Teacher Tragically Killed in Hit-amd-Run Accident Near Long Beach City College

A math teacher at an Orange County community college was killed in a hit-and-run accident on Wednesday morning.  According to the Long Beach Press Telegram, the victim of the accident has been identified as 47-year-old Elane Logay, a part-time instructor at Santa Ana City College.  The accident happened at about 11:15 a.m. at the intersection of  Carson Street and Clark Avenue near Long Beach City College.  The driver of the hit-and-run vehicle, 21 year-old Mario Palafox, was arrested on suspicion of vehicular homicide, felony hit-and-run and driving without a license.  Logay, a mother of two children, was in the first of three vehicles Palafox struck while waiting in line in the left-turn lane.  Immediately after the accident, Palafox fled on foot only to be captured a short time later at Long Beach City College.  Anyone with information regarding the accident is asked to contact the Long Beach Police Department, Det. David Lauro, at 562-570-7355.

Cause of the Accident and Negligent Entrustment

It would appear the cause for the accident above and the tragic death of the mother of two children was solely the fault of the hit-and-run driver.  However, that may not be the whole story as there may be additional parties who may also share responsibility.  For example, since Palafox apparently had no license, it will have to be determined whether someone else owned the vehicle he was driving and whether that person negligently entrusted their vehicle to an unlicensed driver.  Under the law in California,  in order to prove negligent entrustment, it must be proven that the driver was negligent, the defendant owned the vehicle involved in the accident, the entrusting party knew or should have known the driver was incompetent or unfit to drive, the owner allowed the careless driver to use the vehicle and the driver 's incompetence or unfitness to drive was a "substantial factor" in causing the accident.   Given that Palafox fled the scene and was apparently unlicensed at the time of the accident, it would seem the vehicle owner (if not Palafox) would likely be in trouble if they loaned him their car.

If you or a loved one has been involved in a serious or fatal accident, a free consultation with an injury attorney may help you understand your rights and whether you may have a valid claim against a driver or the vehicle owner.  

SOURCE:  Long Beach woman killed in hit-and-run near LBCC is identified (updated), Long Beach Press Telegram, May 16, 2013

Falling Sign Claims The Life of Fifth Grader

A tragic accident in an Alabama airport has claimed the life of a 10-year-old boy and badly injured his mother and two of his brothers. According to the Associated Press/Yahoo News, the accident happened Friday when a 300-pound arrival-departure panel fell away from the wall and landed on top of five members of the Bresette family, including 5th grader Luke who apparently died at the scene.  His mother, Heather Bresette, suffered critical injuries including broken ankles and a crushed pelvis.  Two of the other children, 5-year-old Tyler and 8-year-old Sam suffered broken bones and a concussion.

Cause of the Accident

While the precise cause of the accident remains under investigation, from the video of the scene and the interview of at least one witness, it appears the 300-plus-pound display was not secured to the wall.  The frayed cords can be seen behind the panel, but there is no evidence of mounting brackets or other hardware intended to hold the display in place.  It is unknown what might have begun this tragic event, but one thing appears fairly certain: mounting hardware would have prevented this dangerously heavy board from falling onto an innocent family.

Preventing Tip-Over Accidents

By way of analogy, falling televisions and furniture injure about 43,000 people each year and most of the victims are children, according to a CBS news report citing the U.S. Consumer Product Safety Commission.  In 2011, a record 41 tip-over fatalities occurred here in the United States.  The majority of the accidents involved televisions that were not secured via a proper stand or anchoring device.  It is a virtual certainty that screens/displays like the one involved in the accident above, will be touched intentionally or inadvertently bumped, especially in a busy airport.  This tragic accident seems so senseless and so easily avoidable.  For the cost of a few metal brackets and screws, the Bresette family could have been spared this devastating loss.

If you or a family member have been injured or killed because of a dangerous condition on someone else's property, a premises liability attorney can provide valuable assistance.  While perfect justice cannot be delivered, holding negligent business operators accountable and securing fair compensation is often the best we can hope to achieve.   

SOURCE:  Mom of boy killed by Ala. airport sign unconscious, March 25, 2013, by Kathy Wingard, Associated Press

La Habra Crash May Have Been DUI Related

According to the Orange County Register, a 55-year-old man was pronounced dead at the scene of a traffic collision in La Habra on Sunday night.  The two-vehicle crash occurred at 10:33 p.m. on Harbor Boulevard and Arbolita Drive.  Citing official sources, the Register  reported that one of the vehicles actually rolled off the roadway.  The deceased driver has been identified as Oscar Rodriguez of Buena Park.  The driver of the second vehicle involved in this Orange County auto accident was reportedly uninjured.  The La Habra Police Department is investigating the accident as a possible DUI.

Traffic Fatalities Actually On The Decline

According to statistics published by the California Office of Traffic Safety, the number of fatal automobile accidents and the number of DUI fatalities occurring on California actually decreased, as of the time the numbers were last reported.  In 2010, California’s traffic fatalities decreased 11.9 percent, reaching their lowest level since the federal government began recording traffic fatalities in 1975.  Alcohol-impaired driving fatalities (fatalities in crashes involving a driver or motorcycle rider with a blood alcohol concentration (BAC) of 0.08 or greater) dropped by 14.4 percent from 924 in 2009 to 791 in 2010.   The 2010 figure is the lowest DUI death total ever.  In spite of this trend, nearly every week a fatal or serious-injury automobile accident is reported in Orange County.  While the recent numbers are encouraging, if we can further diminish the number of alcohol and drug-related crashes, we can greatly diminish the risk we all take while behind the wheel.

Fault For This Accident

A complete accident reconstruction will likely be necessary in order to completely understand this tragedy and assign liability for Rodriguez' death.  At this point, we do not know which of the drivers, if either of them, may have been impaired behind the wheel.  In addition to the impairment issue, there is also the fact the roadway where there this accident happened is curved, and the roadway was wet from the rain.  With all of these factors to be considered, fault for this accident will require a detailed analysis.

Assuming the accident was caused by the neglect of the surviving driver, Rodriquez' family would be legally entitled to pursue a claim for wrongful death.  Assessing the liability picture and the potential damage recovery is something that can be addressed by an experienced Orange County injury attorney.

SOURCE: 55-year-old man dies in La Habra crash, Orange County Register, Alejandra Molina and Sean Emery, December 3, 2012

Two Automobile Accidents In Orange County Cause Serious Injuries

A traffic collision this morning on the westbound 91 freeway overturned a Hyundai Sonata and injured a female passenger in the car.  According to a story in the Orange County Register, the accident was reported at 7:40 a.m., just west of North State College Boulevard.  Citing official sources, the Register story indicated that witnesses said a Toyota 4Runner made an unsafe lane change into the carpool lane and sideswiped the Sonata, causing it to overturn and come to rest near the retaining wall.  The other three vehicles damaged at about the same were possibly involved in a chain-reaction collision arising from the rollover.  


See the Orange County Register story and photographs HERE.


Last night, at about 7:30 p.m., a female pedestrian was critically injured when she was struck during a hit-and-run accident in Orange County.  According to the KTLA news story, the incident occurred on Bolsa Avenue, just west of Beach Boulevard, in the City of Westminster.  Police are still looking for two men who fled the scene after crashing the stolen SUV, a white Lexis.  The woman was struck on the sidewalk near a bus stop, and apparently the men in the Lexis fled on foot. The paramedics rushed the woman to UC Irvine Medical Center where she was listed in critical but stable condition.
See the KTLA story and photos HERE.


Automobile accidents like the ones above are unfortunately all too common.  Aside from issues of fault and recovery from the injuries sustained, nearly all cases of this type are impacted dramatically by the insurance policies, or lack thereof, of the parties involved.  For example, when the owner of a vehicle is injured in an accident, but he or she had no insurance on their car at the time, they are not entitled under California law to recover compensation for their pain and suffering.  Generally, the only valid claim they possess against the at-fault party is one for the economic losses sustained, medical expenses and lost wages.  Another scenario that is often present when an automobile accident occurs is a case in which the only applicable policy limits are inadequate to fully compensate the injured party for all of the injuries and damages sustained.  For example, in a recent accident in Orange County, a young driver turned left into the path of an oncoming vehicle occupied by three women, one of whom was very badly injured.  The worst injured passenger sustained an open (compound) fracture of the right arm for which surgery had to be performed.  The medical expenses related to the surgery totaled more than $60,000.00, but the young driver's policy had a $25,000.00 limit.  In the absence of other applicable insurance or the young driver having substantial personal assets (which was not the case), the badly injured passenger will unfortunately go without full compensation.


Compensation for the victims of automobile accidents caused by a careless or reckless driver should be an important concern for all Californians. When a party without fault is badly injured, the at-fault driver should each be held accountable for the injuries and damages they cause. An Orange County personal 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 automobile accident cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you or a loved one been seriously injured in an automobile accident caused by a negligent or reckless driver?


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 Roadways Overwhelmed With Accidents

Wet weather has once again wreaked havoc on Orange County roadways.  There were a number of traffic accidents reported this morning, including several in the Fullerton and Brea areas.  At about 12:30 p.m., the driver of a BMW crashed into a tree in the center divider of Bastanchury Road, just west of State College Boulevard.  According to a story in the Orange County Register, firefighters had to remove the driver's side door to extricate the driver who was eventually taken to the hospital for treatment of what were described as minor injuries.  Just before 10:30 a.m., two automobiles and a big-rig collided on the northbound I-5 near Chapman Avenue, according to the news report.  If all that was not enough, two separate accidents were reported in the area of Brea Canyon Road, including a roll over crash. 
  
See the Orange County Register article and photographs HERE.


Wet and slippery roads are often a contributing factor when accidents like the ones above occur.  It is unfortunate that not every driver on the road adjusts their driving to suit the weather and roadway conditions.   Speed is nearly always a factor in these wet weather accidents as drivers simply do not reduce the speed of their vehicle to accommodate for less traction in turns and greater stopping distances.  When there is water on the road, you should slow your vehicle down by 5 to 10 miles per hour.  This is especially true if the weather has been dry for some period of time before.  In the event your vehicle starts to skid, ease off the gas pedal, stop braking, and turn the steering wheel in the direction of the skid.  See the DMV Handbook regarding adverse weather condition driving HERE.

Compensation for the victims of serious, weather-related automobile accidents caused by careless drivers should be an important concern for all Californians.  When a driver operates their vehicle at a speed unsafe for the weather conditions, they should be held accountable for the injuries and damages they cause.  An Orange County injury trial 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 freeway accident cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you or a loved one been seriously injured in a weather-related 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.