Fatal Crash on Santa Ana Street - Suspected DUI Driver Arrested

Early Thursday morning one person was killed and four others were hospitalized after a suspected DUI crash in Orange County.  According to KTLA News, the collision happened at about 1:15 a.m. when the driver of a Honda, traveling at a high rate of speed, lost control and hit a fence and utility pole on North Fairview Street.  A male passenger in the car, 23 years old, died as a result of the impact, and the other three passengers were all in critical condition.  The driver of the Honda, 20-year-old Ulises Mendoza, was taken to the hospital with minor injuries and was later booked into the Santa Ana jail on charges ranging from gross vehicular manslaughter to DUI under the age of 21.

What You Should Do After an Injury Auto Accident

The accident above is an unfortunate reminder that no matter how many times collisions like this are reported in the media, there are those drivers who will get behind the wheel while intoxicated.  If you are the victim in such an accident, you have rights, and those include the right to be compensated for your injuries and damages.  One way to make sure you have done everything you can to protect yourself is to contact a personal injury attorney.  An experienced attorney will have the ability to: obtain the Traffic Collision Report, interview witnesses, inspect the scene, gather medical records/bills, gather wage loss information and present the necessary paperwork to the adverse insurance company for consideration.

Not all claims can be settled short of litigation, so it is important to be represented by an attorney who has spent considerable time in court and who knows the litigation process.  Filing the lawsuit is just the beginning, and civil cases can involve years of written discovery and depositions.  While the vast majority of cases settle prior to trial, every case's value is affected by the pre-trial litigation process.  This fact makes it that much more important to retain a seasoned attorney who can carefully navigate through the process to bring you the optimal result.

if you or a loved one has been the victim in a serious automobile accident, an Orange County injury attorney with more than 22 years of experience can help.

SOURCE:  Driver Charged With DUI After Santa Ana Crash That Killed 1, Injured 4, KTLA News, November 22, 2013, by John A. Moreno

What You Should Know About Crosswalk Accidents

Two women crossing a street in Glendale last night were struck and badly injured by a hit-and-run driver.  According to NBC News, the pedestrians, ages 59 and 73, were crossing California Avenue at about 8:00 p.m. when a light colored or white sedan ran a red light and collided with the victims before speeding off.  Both of the women were knocked into the air and across the intersection. The younger victim, Bekzad Shahbazian, is described as being in critical but stable condition, but her neighbor is apparently in grave condition.  The two women were simply walking home from the mall, as they often did, when the accident occurred.  Anyone with information regarding this case should immediately contact the the Glendale Police Department.

Liability Issues

There can be little doubt who bears the responsibility for the accident above:  the hit-and-run driver.  The two victims, according to police, were in the crosswalk on a green light and had the right of way.  However, under California law,  every person has a right to expect that every other person will use reasonable care and will not violate the law, unless he or she knows, or should know, that the other person will not use reasonable care or will violate the law.  In other words, if a pedestrian is about to enter the street and, after looking both ways, should be able to determine an approaching vehicle is traveling too fast to stop, they have a duty not to cross the street until it is safe to do so.  Even someone who clearly has the right of way can be found at least partially at fault if they fail to take minimal precautions to determine whether others around them are going to follow the law.  In the case of a motor vehicle versus pedestrian, it should also be remembered that while both drivers and pedestrians must be aware that motor vehicles can cause serious injuries, drivers must use more care than pedestrians.  Even assuming a pedestrian, with the right of way, does not look before walking into a street, they would still be much less to blame than the driver of a car striking them.

If you or a loved one has been injured in an auto versus pedestrian accident, a free consultation with an Orange County accident attorney is likely the best way to find out about your right to compensation.

SOURCE:  Hit-and-Run Driver Strikes 2 Women in Glendale Crosswalk, NBC News, Southern California, October 4, 2013, by Samantha Tata, Oleevia Woo, Jonathan Lloyd and Toni Guinyard 

Single-Vehicle Crash in Orange Leaves One Dead

A young woman was killed early this morning in a fiery, single-vehicle accident in Orange.  According to KABC News, the accident occurred on eastbound Katella Aveneue just before 4:00 a.m.  The 26-year-old from Anaheim apparently lost control of her vehicle in a curve and struck a sign before her car burst into flames.  Despite rescue efforts, the victim was taken to a local hospital in critical condition where she later succumbed to her injuries.  The precise cause of this tragic accident is still under investigation.

Cause of the Crash

Whenever there is a solo vehicle accident the question about driver impairment arises.  The accident above happened at a time of the day known for a high percentage of drunk driving accidents.  Beyond this, there is the question of vehicle speed and whether the loss of control was due to excessive speed through the curve.  Even where the accident appears to be related to driver impairment or error, issues of "crashworthiness" of the vehicle and the condition of the roadway arise.  For example, was this an accident that should have caused a fire?  Was there something about the gas tank configuration that caused this vehicle to burst into flames?  As far as the roadway is concerned, is this an area where similar accident have happened in the past?  Was there a defect in the roadway (pothole, slippery asphalt, etc.) that caused the driver to lose control?  To fully investigate this accident all of these questions should be answered.  

If you have been injured or a loved one has been killed in an auto accident involving a defective vehicle or a dangerous roadway, contacting an experienced personal injury attorney can be the most important step toward obtaining a clear understanding of your right to compensation.

SOURCE:  Anaheim woman killed in fiery crash in Orange, KABC News, Orange County, August 31, 2013

Distracted Teen Driver Killed in Grand Terrace Collision

A teenaged driver was killed early on Friday when she crashed her car into a pine tree in Riverside County.  According to the Press Enterprise, the collision happened at about 12:15 a.m. when a 19-year-old woman from Rialto was apparently distracted while arguing with a passenger in her car.  Citing official sources, the Press Enterprise identified a back seat passenger as 19-year-old George Poma of Grand Terrace.  According to the other passenger, Jenae Reliford of Colton, Poma and the driver were arguing just before the driver crossed into oncoming traffic and hit a tree near the intersection of Barton Road and Preston Street in Grand Terrace.   The vehicle was traveling between 50 and 60 mph when the crash occurred, and the driver and Poma were apparently not wearing seatbelts.  Poma and Reliford were both hospitalized. 

Distracted Teen Drivers

Distracted driving accounts for an enormous number of accidents and tragic deaths every year.  According to the Centers for Disease Control and Prevention, in 2011 more than 3,300 people were killed in crashes involving a distracted driver, and another 387,000 were injured.  In 2010, a distraction was reported as a cause of 18% of all crashes in which someone was injured.  The number of crashes involving driver distraction has been climbing along with the number of text messages sent in this country.  "Cognitive" distraction is particularly dangerous for younger drivers since they already represent a significantly higher accident danger when compared to other age groups, according to the CDC.  Assuming that the report above is correct and the unidentified driver was distracted by the argument she was having with the back seat passenger, this is but another example of a tragedy that could have been avoided, simply by the driver's commitment to operating her vehicle safely instead of focusing attention elsewhere.  This is to say nothing of the fact that two people in the car, one of whom died, were not wearing their seat belts.

Seat Belt Use

What makes the accident above all the more tragic is that its happening was probably preventable, and the loss of life and extent of the injuries suffered may have been avoidable if everyone in the car was wearing a seat belt.  It is sadly true that the highest risk group for getting into accidents, teen drivers, are also the same group who use their seat belts the least when compared to other age groups.  According to the National Highway Traffic Safety Administration, teens buckle up far less frequently than adults do.  In fact, in 2009 the majority (56%) of young people 16 to 20 years old involved in fatal crashes were unbuckled.  Nothing could be more heartbreaking to a parent than to lose a child in an accident, especially when the death could have been so easily prevented.

If you have been seriously injured or a loved one has been killed in an accident involving a distracted driver, contacting an Orange County auto accident attorney is likely the best first step toward holding the responsible party responsible.  Nothing can undo the physical and emotional harm done, but our civil justice system was intended to hold people accountable accountable for their actions and to ensure those harmed are compensated.

SOURCE:  GRAND TERRACE: Driver killed in crash while arguing, the Press Enterprise, June 29, 2013, by Brian Rokos

Wrongful Death Law Against MONSTER Ordered to Mediation

A products liability action against MONSTER Beverage alleging the wrongful death of a 14-year-old girl has been ordered to mediation by a Riverside County judge. According to CNBC News, the court ordered that the case be mediated prior to November 26, 2013.  The alleged victim, Anais Fournier, reportedly died within 24 hours after consuming two MONSTER drinks.  A coroner's report from Maryland, where Anais died, indicated that she died of a cardiac arrhythmia due to caffeine toxicity.  Anais apparently had a per-existing heart condition that may have played some role in her death.  The Fournier family alleges that the MONSTER drinks should not be marketed to or consumed by children or those with a cardiac condition.  MONSTER has denied that their drinks are dangerous.  The U.S. Food and Drug Administration is also investigating a number of other deaths to determine whether they were the result of consuming MONSTER drinks. 

Products Liability Claims For Defective Products

The lawsuit above has been filed with the Riverside County Superior court alleging that the MONSTER drinks consumed by Anais Fournier were unreasonably dangerous.  Under California law, a product (such as an energy drink) may be dangerously defective if there is a failure to warn consumers of potential risks, side effects or allergic reactions and that the product presented a substantial danger when used or even misused in an intended or reasonably foreseeable way.  In the Fournier case, it is likely the family is contending there should be a warning to teens and those with a heart condition that the MONSTER drinks may pose a danger or at least the risk of causing a heart problem, or even death.  In addition, under the law, that lack of a warning has to be a "substantial factor" in causing injuries or death.  In other words, it must be shown that the failure of MONSTER to warn teens and those with a heart condition about the risk of a heart problem contributed to Anais' death.

The Order to Mediation

In California courts, the trial judge has the option of ordering the parties to a lawsuit to mediate their case before a neutral third party.  What this typically means is that the parties (through their attorneys) will select either an experienced attorney or a retired judge to preside over a mediation, an informal hearing at which the parties and the mediator discuss settlement.  While the parties are not obligated to take the advice of the mediator, they generally do give the mediator some deference since it was the parties who selected him or her, presumably because of their expertise.  Mediations result in settlement much more often than not, and this is particularly true where the parties have voluntarily agreed to mediate their dispute and conduct themselves in good faith.

If you or a loved one has been seriously injured because of a defective product, a free consultation with a product liability attorney is often the first and most important step to take toward obtaining compensation.

SOURCE:  Wrongful Death Suit Against Monster Beverage Heads to Mediation, CNBC News, Food and Beverage, May 31, 2013, by Jason Gewirtz