Two OC Accidents Leave One Dead and Six Injured

A bus accident this morning in Garden Grove has left three people with minor injuries.  According to the story in the Orange County Register, the collision occurred on the eastbound 22 freeway when the bus crashed into the rear of an Acura, forcing it into the back of a Ford Mustang.  The bus, reportedly operated by the Orange County Transportation Authority, was merging onto the freeway at Harbor Boulevard when it rear-ended the Acura.  The three victims were taken to a local hospital for treatment.  See the OC Register bus accident story and photographs HERE.

In another Orange County auto accident, four vehicles collided in Huntington Beach, leaving one dead and three more injured.  According to the Register article, the accident happened on Bolsa Chica Street and Tasman Drive just after 7:30 a.m.  The cause of the crash is still under investigation and the condition of the three injured parties is currently unknown.  See the  OC Register Huntington Beach accident story and photographs HERE.

With regard to the bus accident, the duty of a driver operating a bus is even higher than the typical vehicle operator.  A bus operated for hire, such as the OCTA bus here, is considered a "common carrier" under the law, and they are bound by law to carry safely those whom they take into their vehicles, and owe both a duty of utmost care and the vigilance of a very cautious person towards their passengers.  Common carriers are responsible for any, even the slightest, negligence and are required to do all that human care, vigilance, and foresight reasonably can do under all the circumstances.  In the accident above, it would appear the bus operator violated this duty when he rear-ended the Acura, and the County of Orange would therefore be liable for the injuries and damages sustained by the victims.  As for the Huntington Beach accident, at this point, there is simply no way of knowing who was responsible for this roadway tragedy.  Given the fact there was a fatality in that collision, it is a near certainty that law enforcement will perform a complete accident reconstruction to determine fault.

Compensation for the victims of serious or fatal traffic accidents should be an important concern for all Californians.  When a driver negligently causes a serious or fatal accident, they should be held accountable for the injuries and damages to the victims and those family members left behind.  An attorney with experience at handling Orange County auto accidents can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling traffic accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an 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.

Firm Files Suit In Death of Lap Band Patient

The firm has filed suit after a 38-year-old woman died last April as a result of a lap band procedure in August of 2010. According to the Orange County Coroner's office, the patient's stomach had been perforated by the band.

The female patient had undergone the adjustable lap band procedure in August of 2010 because of her battle with obesity and related health problems.  The procedure reportedly went forward without any complications.  However, subsequently the patient did develop some abdominal pain after about five months and having had two fills of the band.  On March 29, 2011, the patient was admitted to the hospital because of epigastric pain and vomiting.  Shortly after the admission, the same surgeon who had placed the lap band removed 6 mls from the lap band reservoir.  The patient was discharged from the hospital and after visiting her primary care doctor in the days that followed because of abdominal pain and diarrhea, the patient passed away at home on April 3, 2011.

Compensation for victims of medical malpractice committed by lap band/bariatric surgeons should be an important concern for all Californians.   When a physician carelessly harms a patient, they should be held accountable. An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims.   Mr. Ralph has over 20 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of a botched lap band procedure?

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.

Distracted Driving Crackdown Next Month

Next month, the California Highway Patrol will being setting its sights on so-called "zombie drivers".  This crackdown is part of the second-annual National Distracted Driving Awareness Month.  According to a KTLA news report, distracted drivers use a third less of their brain while driving distracted.  Zombies are being used in public service announcements to make the point that drivers are like zombies when they text or talk on a handheld cellphone while driving.  In the month of April, there will be regional crackdowns where officers specifically target distracted drivers.  During a similar month-long enforcement effort last year, 52,000 people across the state were cited. Since the handheld cell phone ban went into effect in 2008, there has been a 20% reduction in collisions on California Highways, according to official sources. 

See the KTLA news story HERE.

In spite of the law enacted in 2008, you can see drivers on just about every roadway in California using handheld cell phones in violation of the statute.  Like any other form of multi-tasking, driving while distracted tends to diminish the quality and amount of care paid to both tasks.  A driver who is also holding and speaking into a phone simply cannot give the roadway their full attention.  Most automobile accidents involve some form of distracted driving, whether it be talking with a passenger, fiddling with the sound system or talking on a cell phone.  In fact, just today, two pedestrians were killed and another was critically injured In Denver, Colorado when the driver of a pickup truck carelessly drifted onto the shoulder of the road, hitting all three pedestrians.  According to the story in the Denver Post, the driver of the truck has been arrested and his cell phone taken as evidence.  Reportedly, witnesses have told police the driver was on his cell phone at the time of this tragic accident.  Colorado does not yet have a complete ban on the use of hand held cell phones while behind the wheel, and the pickup driver has been charged with careless driving resulting in death, a misdemeanor.

Compensation for the victims of distracted driving accidents should be an important concern for all Californians.   When a distracted driver operates their vehicle in a careless manner and caused a serious or fatal accident, they should be held accountable for all of the injuries and damages they cause.  An attorney with experience at handling distracted driving accidents can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling auto and distracted driving accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by a distracted 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.

Disneyland Security Pepper Sprays Guest

Over the weekend, Disneyland's California Adventure theme park was the site of a violent incident involving an apparently intoxicated patron and a member of Disney security.  The incident, captured on tape and available on You Tube, shows an apparently intoxicated guest (identified by KTLA news as 53-year-old Glenn Horlacher) swinging at a Disney security host and then refusing commands to get on the ground.  After being wrestled to the ground and pepper sprayed a number of times, Horlacher still refuses to comply and is eventually taken to the ground by security and other patrons at the park.  According to the news report, at least one Disney employee was transported to the hospital and treated for minor injuries.  Horlacher was reportedly cited and released.


See the KTLA news story and photograph HERE. 


The videotape on You Tube shows only part of the incident, but there is no doubt Horlacher should have been arrested for assault and battery when he took his first swing at the Disney security host.  After charging the Disney employee a second time and then swinging wildly while on the ground, additional crimes of assault and battery were committed.  All of this misconduct justified an arrest that should have been effectuated by Disney security.  What is perhaps more shocking than Horlacher's actions is the miserable job Disney security did handling the situation.  While some might argue the security staff was patient and did not overreact, their inaction and failure to effectively control Horlacher prolonged the incident, heightened the risk of injury to guests and park employees and ultimately led to the negative attention now being paid to the incident.  The security staff at Disney should have immediately arrested Horlacher for assault and battery and placed him in handcuffs, before quickly removing him from the public's view.  It was nothing short of negligent to handle the situation in the manner shown in the video, and fortuitous that other patrons were not injured.  At one point in the video, near the end, Horlacher is on the ground being restrained by patrons at the park and not one Disney employee.  In this context, with security and other employees already on the scene, that should never have happened.


Compensation for the victims of security misconduct should be an important concern for all Californians.  When security employees are negligent or commit intentional acts of misconduct, their employer should be held accountable and compensation paid to the victim.  An Orange County security misconduct 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 personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you been a victim of  negligent or intentional misconduct by private security?


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.  

Dog Attack Badly Injures 6-Year-Old

This morning a Moreno Valley boy lost part of his ear after a large dog attacked him and his mother as they walked through their neighborhood.  According to the KTLA news story, the 6-year-old was walking alongside his mother who was pushing a stroller carrying her younger child at the time of the attack.  The tragic incident reportedly occurred at approximately 11:40 a.m. near the intersection of Indian Avenue and Myers Avenue.  The 120-pound dog apparently escaped from its yard and attacked the family.  The 6-year-old lost part of his ear and suffered a bite to the back of his head.  Paramedics rushed the boy to a nearby hospital for emergency medical treatment.  Following the attack, Moreno Valley Animal Control Services arrived and seized the dog, which is now subject to euthanasia.

See the KTLA story and photograph HERE.

Dog attacks like the one above happen with alarming frequency, in spite of the fact that nearly every municipality has laws in place to deter dog owners from allowing their animals out of their yards, even unintentionally.  In fact, the Moreno Valley Municipal Code (Section 10.02.080, entitled "At Large or Stray Animals") makes it unlawful  "... for the owner of any animal, other than a cat, to allow such animal to run at large within the city."  The Municipal Code also makes it a misdemeanor if the animal "inflicts injury to any human or animal, or threatens public health or safety".  In the case above, the owner of the dog may well have criminal culpability because of the injury to the little boy.  Beyond that, the boy's family has the right to bring a civil action against the owner on behalf of the 6-year-old.  Under California law, the court may allow a "guardian ad litem" to bring an action for the benefit of a minor child.  This would allow the guardian, usually a parent, to seek damages for their child, and money would be made available for medical needs, including any plastic surgery that may be required in the future.  In any case in which a settlement is reached between the parties (assuming the settlement is above $5,000.00), the court is called upon to determine whether the settlement is in the best interests of the child.  In making such a decision, the court takes into account a number of factors including the injury sustained, the medical expenses incurred, future medical needs and the pain and suffering the child has and/or will endure.

Compensation for the victims of vicious dog attacks should be an important concern for all Californians.   When an innocent child is attacked and seriously injured, the dog’s owner should be held accountable for all of the injuries and damages suffered.  An Orange County dog bite 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 personal injury cases, including just this type.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a dog bite or attack?

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 Family Badly Injured In Rear-End Accident

A family from San Juan Capistrano was rescued this past Thursday after their car was struck from behind by a big-rig on Highway 101just south of Buellton, California.  According to a story by KTLA news, the impact was so hard it knocked the family's BMW through a concrete guardrail, causing it to hang precariously off the side of the freeway.   Firefighters had to remove a 10-year-old girl, a 10-week-old baby girl, and a 36-year-old woman from the vehicle as it hung over the edge.  Citing official sources, KTLA reported all three of the victims were taken to Santa Barbara Cottage Hospital.  The woman, identified as Kelli Lynne Groves, and the 10-year-old girl suffered major injuries and were flown to the hospital, but the 10-week-old girl was "conscious and alert" at the scene and sustained only minor injuries.  The big-rig driver sustained fatal injuries after his vehicle went through the guardrail and plunged to ground below, bursting into flames.  

See the KTLA news story and photographs HERE.  

The precise circumstances surrounding the accident above are not yet known.  However, when a vehicle strikes another from behind there is a presumption of negligence on the part of the driver who collides with the vehicle ahead.  In general, the fact that the operator of a vehicle runs down the vehicle ahead of him furnishes some evidence that he either was driving at too high a rate of speed, or that he was following too closely the vehicle ahead of him.  This is a rebuttable presumption, and evidence that the driver ahead suddenly stopped or suddenly decreased the speed of their vehicle on a highway without first giving an appropriate signal may factor into the determination of fault.  In the case above, an analysis of witness statements, roadway skids, metal deformation and other reconstructive elements will allow law enforcement and the parties involved to determine the cause of and fault for this tragic accident.  

Compensation for the victims of serious, rear-end automobile accidents caused by careless or inattentive drivers should be an important concern for all Californians. When a driver operates their vehicle at a speed unsafe for the conditions, they should be held accountable for the injuries and damages they cause.  An Orange County injury 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 rear-end automobile 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.

Orange County Police Van Involved in Accident

Yesterday morning a Huntington Beach police van carrying five prisoners was hit by a white Toyota Camry at the intersection of Ward Street and Ellis Avenue in Fountain Valley.  All of the passengers were taken to area hospitals, and the driver of the Camry and one prisoner suffered traumatic injuries, according to a report by the Orange County Register.  The van was apparently transporting prisoners from Huntington Beach jail to the Orange County Detention Center when an unlicensed driver, Juan Ruiz of Santa Ana, ran a red light and crashed into the van.  Citing official sources, the Register reported that Ruiz was traveling southbound on Ward Street at about 40 miles per hour when he ran through a red light and collided with the police van.  


See the Orange County Register article and photographs HERE.


From the photographs taken at the accident scene, it is easy to understand how those aboard the police van could have sustained traumatic injuries.  The front of the police van and the front of the Camry were essentially demolished in the crash.  Even restrained passengers in an accident of this magnitude would likely suffer acceleration-deceleration type injuries.  As for responsibility, it would appear eyewitness accounts and physical evidence at the scene have led investigators to conclude Ruiz was to blame for the collision.  While his status as an unlicensed driver does not necessarily demonstrate fault, it may suggest a lack of driver training and experience contributing to the happening of the accident.  Ruiz apparently failed to keep his eyes on the road and the traffic signal ahead as he was traveling a reported 40 miles per hour.  From the photographs, it looks like it was foggy at the time of the accident and perhaps Ruiz did not adjust his speed to account for the limited visibility.


Compensation for the victims of serious automobile accidents caused by negligent drivers should be an important concern for all Californians. When a driver operates their vehicle without paying careful attention to the roadway, they should be held accountable for the injuries and damages they cause. An Orange County  injury 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 Orange County automobile accident cases, including those involving intersection collisions. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been seriously injured in an Orange County automobile 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.

Hit-and-Run Driver Involved In Anaheim Crash

A woman was injured and transported to a local hospital this morning after a hit-and-run accident in the city of Anaheim.  According to a report by the Orange County Register, the male driver of a Chevrolet Cavalier apparently made a left turn into the path of an oncoming Honda Civic just before 11:00 a.m. today.  The accident happened on Euclid Street near its intersection with Catherine Drive in Anaheim.  As a result of the impact, the Civic struck a parked car.  Fortunately, a 1 -year-old  in the Civic was uninjured.  The driver of the Cavalier fled the scene of the accident on foot and has yet to be located.

See the Orange County Register article HERE.

The law in California is clear, a left turning driver may only make and continue their turn so long as it is reasonably safe to do so.  Under the California Vehicle Code, "The driver of a vehicle intending to turn to the left at an intersection or into public or private property, or an alley, shall yield the right-of-way to all vehicles which have approached or are approaching from the opposite direction and which are so close as to constitute a hazard at any time during the turning movement and shall continue to yield the right-of-way to such approaching vehicles until such time as the left turn can be made with reasonable safety.."  From the fact the collision occurred and the driver of the Cavalier fled the scene (possibly demonstrating consciousness of guilt), it would appear the Vehicle Code was violated and hit-and-run driver would be liable for the injuries and damages he sustained.  Beyond that, he may well have committed a crime in that he left the scene of an injury accident without properly identifying himself or attempting to render aid to the other driver.

Compensation for the victims of automobile accidents caused by negligent drivers should be an important concern for all Californians. When a driver operates their vehicle in violation of the law, they should be held accountable for the injuries and damages they cause.  An Orange County auto accident 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 Orange County automobile accident cases, including those involving drivers making illegal turns.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed by a left-turning 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.

Pepper Spray Incident at Walmart Could Have Been Avoided

KTLA news is reporting that the woman suspected of perpetrating the pepper spray incident during a Walmart Black Friday sale may have acted out of necessity.  According to the story, a Los Angeles Police official is quoted as having said, "There was no control. People were getting stampeded and trampled. There were people screaming, yelling that they were being trampled or crushed. This woman may have fired her pepper spray in self-defense."  Initially, media reports and public sentiment seemed to suggest 32 year-old Elizabeth Macias had acted out of malice or a reckless desire to secure an X-Box console during a buying frenzy.  This may not have been the case.

See the KTLA news story HERE.

When a business owner creates or at least allows a potentially volatile situation to exist on their property, ultimately causing injury to someone, they may be held liable.  Under California law, in general a business owner has a duty to use reasonable care to protect patrons from another person's harmful conduct on the owner's property if the business can reasonably anticipate such conduct.  In the case above, it seems a reasonable inference that Walmart could foresee a Black Friday sale of X-Box consoles, if not well controlled, could get out of hand and lead to customer injuries.  Beyond this, assuming that store employees actually witnessed the shoppers were getting unruly and acting aggressively toward one another before the release of the pepper spray, then Walmart could be liable for failing to intervene in time to avoid the injuries that followed.

Compensation for the victims of criminal assaults, occurring on business property, should be an important concern for all Californians. When a business patron is injured because protective measures were not taken by a business owner, the owner should be held accountable and compensation paid to the victim.  An Orange County injury 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 personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of an assault that could have been prevented?

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.

Fire Captain Sentenced For DUI Accident

Just last Tuesday a Long Beach Fire Department captain was sentenced to time in jail and probation after pleading guilty to severely injuring a bicyclist while driving intoxicated.  According to a story in the Los Angeles Times, John David Hines of Orange County (Huntington Beach) was driving with a blood-alcohol level three times the legal limit when the accident happened.  In addition to the one year in jail and the five years of probation, Hines was ordered to pay restitution in the amount of $102,000.00 to the victim.   The incident happened on April 1st after Hines became intoxicated at the Schooner or Later restaurant in Long Beach before driving erratically, losing control and crashing into a 47 year-old cyclist in Orange County.

See the Los Angeles Times story HERE.
 
It only takes a moment for a drunk driver to take a life or alter one forever.  The victim in the crash above, Jeffrey Gordon, was treated for head trauma, severe lacerations and bruising to his head and body, internal injuries, and spinal and vertebrae injuries. Gordon remained in the hospital for two weeks and continues to suffer pain as a result of his injuries.  Gordon apparently filed a victim impact statement, with the court in which he describes the severity of his injuries and the changes in his life since the accident.  In addition to the ordered restitution, Gordon has civil remedies at his disposal which may allow him to recover at least some semblance of compensation for the devastation to his life. 
 
Compensation for the victims of drunk driving accidents should be an important concern for all Californians. When a driver operates their vehicle while under the influence and causes a serious or fatal accident, they should be held accountable. An Orange County auto accident lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling Orange County automobile accident cases, including those involving intoxicated drivers. He can be reached at 714-919-4415 for a FREE CONSULTATION.
 
Have you or a loved one been severely injured by a drunk 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.

Have You Been A Victim of Plastic Surgery Malpractice?

The number of people having plastic surgery each year has grown steadily since statistics for these procedures were first compiled.  For example, almost 9.5 million cosmetic surgical and nonsurgical procedures were performed in the United States in 2010.  The most frequently performed surgical procedure was breast augmentation and the most popular nonsurgical procedure was injections of Botulinum Toxin Type A (including Botox and Dysport).  The top five surgical procedures were:

• Breast Augmentation (318,123)
• Liposuction (289,016)
• Eyelid surgery (152,123)
• Abdominoplasty (144,929)
• Breast Reduction (138,152)

See the full list of surgical and non-surgical procedures at cosmeticsurgerystatistics.com. 


Not too surprisingly, many physicians performing cosmetic procedures are not especially qualified and often perform surgery outside their area of expertise.  In the simplest of terms, the demand for these procedures is high and a great deal of money can be made by a single physician.  Consequently, it is not uncommon for a physician to perform cosmetic surgical procedures even though the doctor is not a board certified plastic surgeon with the requisite training and experience.  Doctors who don't possess the necessary training and experience (and even some who do) can leave their patients with unacceptable and sometimes horrific results.  So, how do you know when you have been a victim of plastic surgery malpractice?


The first thing to keep in mind as a patient who has undergone a cosmetic procedure is that a sub-optimal result is not always a product of malpractice.  Sometimes the poor results obtained, even though unexpected, would have occurred even in the best of surgical hands.  What generally determines whether the result was the product of medical malpractice is the opinion of a second, neutral physician.  If you have had a cosmetic procedure, and the result is unacceptable to you, seek consultation with a board certified plastic surgeon.  While it is true that physicians do not relish the idea of criticizing another doctor's work, sometimes a consulting physician will offer to repair or revise the earlier work, which is generally a sign something may have occurred that reflects poor medical practice.  If you then suspect you have been a victim of plastic surgery malpractice, you should consult a medical malpractice lawyer to discuss your options and the potential for compensation.


When a physician without the necessary credentials and training commits plastic surgery malpractice, they should be held accountable.   An Orange County medical malpractice 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 personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you or a loved one been the victim of plastic surgery malpractice?


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.