Showing posts with label personal injury attorney Orange County. Show all posts
Showing posts with label personal injury attorney Orange County. Show all posts

Monday, July 16, 2012

Fatal Santa Ana Collision May Involve Third Vehicle


An automobile accident in Santa Ana on Sunday afternoon took the life of a 19-year-old passenger.  According to the Orange County Register, the accident happened at about 2:25 p.m. at the intersection of Pacific and McFadden Avenue.  The decedent, identified as 19-year-old Daniel Iglesias, was the sole passenger in a Pontiac Grand Am that was traveling westbound on McFadden when the car apparently swerved to avoid a white minivan.  The minivan reportedly entered McFadden from Pacific, which dead ends with a stop sign at McFadden.  The Pontiac swerved into oncoming traffic and was struck by a large SUV.  Police are seeking help in identifying the driver of the white minivan, and anyone with information is asked to call the Santa Ana Police Department at 714-245-8665.

See the Orange County Register article and photographs HERE.

This tragic accident will require a great deal of investigation to determine responsibility.  It would appear from the Register article that conceivably the white minivan driver caused or at least contributed to the happening of this accident.  Assuming the minivan driver did not allow the Pontiac driver his right of way, since the van had a stop sign, then the driver may have caused this accident.  The driver of the Pontiac appears to have taken significant, evasive action which may have been necessitated by the minivan's sudden and perhaps unlawful presence on McFadden.  The law requires that a stopped driver proceed only when it is reasonably safe to do so, especially when there is no signal or stop sign for cross-traffic.  One other issue that frequently comes up in situations like this is "line of sight" and whether the stopped driver has a sufficient opportunity to see cross-traffic as it approaches.

Compensation for the victims of serious or fatal automobile accidents caused by a careless driver and/or a dangerous roadway should be an important concern for all Californians.   When negligence and roadway conditions combine so as to cause a tragic accident like the one above, all of the responsible parties should be held accountable.   An Orange County auto accident lawyer with experience at handling traffic collision cases can make a fair assessment of these claims.   Mr. Ralph has more than 21 years of experience handling Orange County personal injury cases, including those involving dangerous roadways.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a careless driver or dangerous roadway?

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.

Tuesday, July 3, 2012

Teen Driver Crashes In San Bernardino Injuring Five


A 16-year-old driver apparently caused a crash in in San Bernardino that wrecked three vehicles and sent five to the hospital.  According to the Press Enterprise, the collision happened yesterday evening at about 6:45 p.m. when the teenager ran a red light at the intersection of Waterman Avenue and Ninth Street.   The teen driver was reportedly speeding east in a Ford Excursion SUV when he failed to stop at a red light and collided head-on with a Honda Accord.   The 16-year-old and the Honda's driver, 26-year-old Anselmo Barrajas,  were taken to Loma Linda University Medical Center.  The teen was listed in guarded condition, and Barrajas was in critical condition.  The driver and the passengers in the third vehicle were transported to Arrowhead Regional Medical Center in Colton where they were treated for minor injuries and released. 

See the Press Enterprise article HERE.

Once again, it appears a teen driver has caused an accident that is either a reflection of inexperience or recklessness.  According to the report, the 16-year-old ran a red light at the intersection and hit another vehicle head-on.  It is unknown whether excessive speed, alcohol or drugs played any role in the happening of the accident.  Teen drivers are notorious for exercising poor judgment behind the wheel and getting into accidents that could have been avoided.  While all of the facts of the above accident have yet to be revealed, tragic automobile collisions involving young and inexperienced drivers are all too common.  According to the Centers for Disease Control and Prevention, motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group.  In 2009, eight teens ages 16 to 19 died every day from motor vehicle injuries.  Per mile driven, teen drivers ages 16 to 19 are four times more likely than older drivers to crash.   

Compensation for the victims of serious or fatal automobile accidents caused by a teen or inexperienced driver should be an important concern for all Californians.  When a teenager operates their vehicle carelessly or recklessly so as to cause a tragic accident like the one above, they should be held accountable.  An Orange County auto accident lawyer with experience at handling traffic collision cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling Orange County personal injury cases, including those involving teen drivers.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of an inexperienced 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.

Wednesday, June 20, 2012

Violent Road Rage Video Raises Legal Questions


Video of a violent road rage incident that reportedly occurred last Tuesday has surfaced and is being broadcast by major media outlets.  According to the story run by KTLA news, the incident happened at about 3:30 p.m. on the northbound 5 Freeway at 7th Street in Los Angeles.  From the video, one man (who was driving a Honda) is seen arguing with a group of three younger men (all occupants of a Volkswagen) outside of their vehicles on the freeway.  At one point, the Honda driver and one of the younger men square off and a fist fight begins.  Eventually, another of the occupants from the VW jumps into the brawl, and the Honda driver is taken to the ground.  He is ultimately kicked in the head at least four times after he appears to be unconscious from an earlier head kick.  Police are looking for witnesses and the occupants of the VW, license number 3UGW962.

See the KTLA news story and the video HERE.

The violence of the incident above is shocking, and the legal ramifications are surprisingly complex.  First, although it is unknown what happened before the video began, it seems pretty clear this road rage assault was initially a case of "mutual combat".  Both the younger and the older gentleman appeared to agree to fight, and both raised their hands to begin.  It was actually the Honda driver who threw the first blow, a straight kick.  Under the law, voluntary mutual combat outside the rules of sport is a breach of the peace, mutual consent is no justification, and both participants are guilty of criminal assault.  As for civil liability,  as between the combatants, the tort involved is that of assault and battery, and the general rule is that each participant has committed a battery on the other, so each may hold the other liable for any injury inflicted although both consented to the contest.  In the case above, the three who actually engaged in the fight would all appear to be guilty of criminal assault, and each would be civilly liable to the other for the injuries.  The kicks to the victim on the ground, however, went beyond the mutual combat, and would likely be characterized as separate crimes, perhaps rising to the level of a felony depending on the nature of the Honda driver's injuries.

In situations such as this, sometimes the question arises as to whether those present had a legal duty to intervene.  In general, there is no duty to act as a "good samaritan" and go to the aid of another in situations like this.  However, if aid is commenced then it must be carried out in a careful manner, so as not to worsen the position of the party who is to be rescued.  The good samaritan rule is different if there exists a "special relationship" between the victim and the rescuer, such as that existing between a business owner and invitee. 
Compensation for the victims of criminal assaults should be an important concern for all Californians.  When an assault takes place, the perpetrator(s) 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.

Monday, May 14, 2012

Pit Bull Attack In Long Beach Injures Three


Saturday evening at about 6:00 p.m. a woman and her dog walking down a street in Long Beach were attacked by two pit bulls, causing injuries to both.  According to KTLA news, the unidentified woman required emergency surgery, and two Good Samaritans who tried to help were also bitten and required medical treatment.  Once police arrived at the scene on East Barclay Street they were quickly able to locate one of the dogs, and the animal had to be shot dead after attempts to bring it under control with a Taser were unsuccessful.   The second dog was later found and is now in the custody of Animal Control. 

See the KTLA news story and photograph HERE.

Once again, two aggressive dogs were apparently allowed to wander free and attack an innocent victim and her dog.  While many dog breeds are known for their aggression, pit bulls also have the distinction of latching on to their victims with powerful jaws and not letting go.  As a result, their bites tend to be worse than other dogs of equal size and weight.  While it is unknown precisely what injuries the victim in the story above sustained, it is probably fair to conclude she will suffer significant scarring and may need plastic surgery in the future because of the attack.   After bites from a large breed of dog, it is not uncommon for the victim to require plastic surgery to revise scars, particularly where the bites are to the face, hands or arms.  As with any dog bite occurring in California, the owner of the pit bulls in the story above is strictly liable for the injuries and damages these victims sustained.  Once a dog bites a victim (as opposed to scratching or knocking them down), the owner is automatically liable for the damages.  Where the injuries do not result from a bite, it must be shown the owner was negligent in the handling or control of their dog.  

Compensation for the victims of dog bites should be an important concern for all Californians.   When an innocent victim is bitten and seriously injured, the dog’s owner should be held accountable for all of the injuries and damages suffered by the victim and their family.  An Orange County dog bite 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 the victim of a serious dog bite?

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.

Wednesday, May 9, 2012

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.

Monday, April 30, 2012

Tainted Food - What You Should Know

Reports of tainted restaurant food are splashed in the mass media from time to time and those reports always raise the issue of food safety in this "fast food" world.  Once the problem has been brought to light and remedial action taken, there is again a lack of public interest.  But if you are the victim of tainted food and have been personally injured, you should know your rights and what steps you should take to protect those rights.

According to the Centers for Disease Control and Prevention, each year, 1 in 6 Americans (or 48 million people) gets sick from and 3,000 die of foodborne diseases.  (See the CDC's official website)  The prevalence of this problem is likely unsettling to anyone reading those numbers.  Putting aside the large scale outbreaks caused by manufacturing or processing negligence, there are often isolated incidents in which a consumer is harmed by tainted food.  For example, there have been reports ranging from large bones being left in a chicken enchilada to a condom being found in clam chowder.  When food is tainted, those selling it to the public may be liable for all of the resulting injuries and damages.

Under California law, if the injury-producing substance is natural to the preparation of the food served, it can be said that it was reasonably expected by its very nature, and the seller may only be liable if negligence in the preparation can be shown.  However, if the injury-causing substance is foreign to the food served, then the seller may be strictly (automatically) liable for the incident.  In those circumstances, the judge or jury will decide whether the substance (1) could be reasonably expected by the average consumer and (2) if it rendered the food unfit or defective.  Because the precise nature of the defect is important in the determination of liability, it is imperative that the victim document the event as best they can, with photographs and by maintaining any uneaten portion of the food.  Additionally, it is important to report the tainted food to the seller and the appropriate health agency as soon as possible.

Compensation for the victims of dangerously defective products, including tainted food, should be an important concern for all Californians.  When an unsafe product, such as dangerous food, causes severe injuries or death, the seller should be held accountable for the injuries and damages they have caused.  An Orange County product liability attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has 20 years of experience handling personal injury and product liability cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been injured by tainted food?

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.

Saturday, March 24, 2012

Hit-And-Run Accident Claims The Life of Young Long Beach Man

A hit-and-run accident in Long Beach early this morning has left a 27-year-old victim dead.  According to KTLA news, the hit-and-run driver first smashed his vehicle into a parked car, setting in motion the fatal chain of events.  The unidentified driver of a green Dodge pick-up ran into and dragged the victim, Yon Chreng, who had been trying to flag him down.  The incident reportedly happened at about 1:00 a.m. in the 1100 block of Stanley Avenue.   The driver drug Chreng for a short distance before colliding with three more vehicles, dumping his truck and fleeing the scene.  Sadly, Chreng,, who lived in Long Beach, was pronounced dead at the scene.  The case is being investigated by the Long Beach Police Department as a murder, and anyone with information is asked to call Long Beach Police at (562) 570-7244.  Additionally, anonymous tips may be submitted via text or web by visiting www.tipsoft.com.

See the KTLA news story HERE.  

The senseless tragedy described above is likely the product of a reckless driver not wanting to be identified for hitting a parked car.  The area of the accident is generally residential with a number of homes and apartment buildings.  It goes without saying that any driver causing an accident in that area could reasonably expect to be identified.  The streets are narrow, and it seems likely (even at this hour of the morning) someone would see and/or hear a motor vehicle accident.  As for civil liability, the driver of the green Dodge pick-up is now not only facing all of the property damage claims he would otherwise have faced, he is likely to be found liable in a wrongful death suit.  Under California law, Cheung's heirs are entitled to be compensated for the loss of the society, care comfort, affection, love and support taken from them by the actions of this hit-and-run driver.  

Compensation for the victims of hit-and-run accidents should be an important concern for all Californians.  When a driver operates their vehicle in a reckless manner causing a serious or fatal accident and then flees the scene, every effort should be made to identify them and hold them accountable for all of the injuries and damages they cause.  An attorney with experience at handling hit-and-run accidents can make a fair assessment of these claims.   Mr. Ralph has more than 20 years years of experience handling auto and hit-and-run 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 hit-and-run 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.

Friday, March 2, 2012

Doctor Charged With Three Counts of Second Degree Murder

A Rowland Heights doctor has been arrested and charged with second degree murder in connection with the prescription drug overdose deaths of three patients.  According to a report by KTLA news, Hsiu-Ying "Lisa" Tseng, D.O., was arrested Thursday pursuant to a felony complaint filed by the Los Angeles District Attorney's Office.  The alleged victims include Vu Nguyen, 29, of Lake Forest, on March 2, 2009; Steven Ogle, 25, of Palm Desert, on April 9, 2009; and Joseph Rovero III, 21, a University of Arizona student from San Ramon.  Citing official sources, KTLA reported that OxyContin, Vicodin, Xanax and Valium were all unlawfully distributed by Tseng out of  her Advanced Care AAA Medical Clinic.


See the KTLA news report and video HERE.


A review of the Osteopathic Board website reveals Tseng stipulated on February 29th to surrender her license to practice medicine in California, which will take effect on March 14th.  Unfortunately, deaths caused by prescription drug overdoses appear to be on the rise, and high profile cases like that involving Tseng and Dr. Conrad Murray (found guilty of  involuntary manslaughter in connection with the death of Michael Jackson) are becoming more and more common.  It would appear these "feel good" doctors simply lose site of their ethical obligations to their patients and perhaps place their own economic interests ahead of their patients' needs.  Such misconduct may not only give rise to criminal culpability, but to civil liability for wrongful death as well.  The victims and/or their families, under California law, are entitled to compensation for the injuries and damages caused by doctors who breach the applicable standard of care and commit medical malpractice.  When a physician prescribes powerful pain or anesthetic medication without a legitimate medical reason, the doctor commits a blatant case of malpractice that is often a crime as well.


Compensation for victims of medical malpractice committed by unethical, "feel good" doctors should be an important concern for all Californians. When a physician recklessly harms or kills a patient with prescription medication, they should be held accountable.  An Orange County medical malpractice attorney 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 "feel good" doctor?


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.

Tuesday, February 7, 2012

Three Orange County Accidents Leave Two Dead

A pair of unrelated traffic accidents in Santa Ana on Monday evening left one man dead and a 13-year-old girl on a bicycle seriously injured.  The first incident was reported at about 7:00 p.m., when a van traveling eastbound in the 1600 block of 1st Street struck a man crossing the roadway, according to an article in the Orange County Register.  The unidentified pedestrian was pronounced dead at the scene.  The driver of the vehicle remained at the scene, but law enforcement has yet to make a a determination of fault for the tragic accident.  According to the news report,  the pedestrian was not walking in a marked crosswalk and alcohol was not believed to have been a factor.  The second incident occurred at the West Warner Avenue and South Greenville Street intersection when a girl riding her bicycle through a crosswalk was struck by an unidentified vehicle, described only as a "small car".  The driver apparently fled the scene before law enforcement arrived.  The girl was reportedly taken to a hospital with significant injuries, and authorities are asking anyone with information to call the Santa Ana Police Department at 714-245-8701.


See the Orange County Register article HERE.


In another reported accident, this one in Seal Beach, a pedestrian was left dead after she was struck by a vehicle while crossing Pacific Coast Highway north of Anderson Street.  The woman,  Holly Barish-Sablich, who turned 22 on Wednesday, was pronounced dead at the scene, according to the report by the Orange County Register.  The crash was reported just before 9:00 p.m. on Sunday, and witnesses reported Barish-Sabich was in the process of crossing PCH outside of a sidewalk or controlled intersection when the incident occurred.  In spite of life saving measures having been performed by paramedics, this young woman was pronounced dead at the scene.  The multi-agency law enforcement team investigating the tragic accident is asking for the public's help and anyone who witnessed the accident should call investigator Jeff Gibson at 562-799-4100, ext. 1641.


The cause of these tragic accidents has yet to be fully determined.  These pedestrian/bicycle accidents all raise the issue of driver attention.  Even assuming the pedestrians were crossing the street outside of a marked cross and/or away from an intersection, drivers are still obligated to keep a reasonable lookout for people crossing the street on foot or on a bicycle.  All of these recent accidents happened while it was dark and an assessment of visibility and speed will have to be accomplished to determine fault.  Assuming that headlights were in operation on all of the vehicles involved, it must be determined whether those lights illuminated the roadway for a sufficient distance for the drivers to have seen the pedestrians/bicyclist in sufficient time to have had an opportunity to avoid the accident.  Generally, if an impending danger can be seen more than 1.5 to 2 seconds before an impact, a driver is expected to have sufficient "perception-reaction" time to take evasive action.  When an accident involving shared responsibility occurs, when more than one party has been negligent, a civl jury is often called upon to determine the respective fault of the parties.


Compensation for the victims of automobile accidents caused by a driver's inattention should be an important concern for all Californians. When the parties to an accident share the responsibility for its occurrence, they should each 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 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 accident involving shared responsibility?


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.

Monday, December 19, 2011

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.

Monday, November 14, 2011

Bus Versus Bicycle Accident in Laguna Hills Proves Fatal

A 35-year-old bicyclist was killed on Saturday evening in a tragic accident with an Orange County Transportation Authority bus.  The victim, 35 year-old Romeo Jimenez-Zavaleta, was pronounced dead just after 6 p.m. at Mission Hospital Regional Medical Center, according to an article in the Orange County Register,  Citing official sources, the Register reported the collision occurred at the intersection of Paseo de Valencia and Alicia Parkway in the City of Laguna Hills.  Jimeniz-Zavaleta was apparently riding his bike across Alicia Parkway when he was hit by the bus making a right turn from Valencia.

See the Orange County Register article HERE.

Tragic accidents like the one above are unfortunately all too common.  When a bicyclist and a motor vehicle collide, the consequences are often profound and serious injuries are almost inescapable.  This is particularly true when the motor vehicle is a bus.  From a Google maps view of the intersection, there does not appear to be anything particularly unusual about the intersection configuration or the view a southbound, right-turning driver would have from Valencia to Alicia Parkway.  With regard to responsibility for the accident, it will have to be determined whether the bus driver turned on a red or a green light and whether Jimeniz-Zavaleta could be seen in advance of the driver executing the turn.  While it would appear the bicyclist was perhaps riding on the wrong side of the street for his direction of travel, this would not excuse the bus driver from observing the potential for an accident and taking steps to avoid it.

Compensation for victims of automobile versus bicycle collisions, caused by a negligent driver, should be an important concern for all Californians. When a driver operates their vehicle in an unlawful or reckless manner and causes a serious or fatal accident, they should be held accountable.  An Orange County bicycle accident attorney 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 cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an automobile versus bicycle collision caused by another’s unlawful or negligent driving?

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.

Tuesday, August 30, 2011

DUI Accident Kills Moreno Valley Woman


A 52 year-old woman from Moreno Valley was killed early this morning in what is believed to have been a DUI related accident.  According to a story in the Press Enterprise, the collision occurred on northbound Interstate 5 in Central California when the vehicle in which the victim, Shirley Ann Murphy, was riding was struck head-on by a Volkswagen Passat.  The driver of the Passat, 49 year-old Wayne Boatwright of San Francisco, was driving south in the northbound lanes when the crash occurred.  The collision reportedly occurred at about while Murphy was a passenger in a 2002 Ford Explorer driven by Charles Snyder of Moreno Valley.  An 18 year-old passenger in the Passat, April Murphy, 18, sustained a fractured hip, severed liver and cuts to the face.  Snyder complained of pain in his face, and another passenger, Donell M. Watts, 32, of Riverside, suffered neck pain.  The injured were taken to Fresno Regional Medical Center in Fresno, where April Murphy and Boatwright remain.  The CHP will seek felony DUI and manslaughter charges against Boatwright once he is released from the hospital.


See the Press Enterprise story HERE.


Assuming the description of the accident above is accurate, then it would appear Boatwright will have a lot to answer for, both in criminal and civil court.  A DUI driver who causes death and other serious injuries can expect to be charged with manslaughter, at a minimum, and felony DUI.  Any felony conviction arising from the accident may lead to certain preferential treatment for the victims and their families in a civil case.  For example, in a civil action against a defendant based on conduct that has resulted in the defendant's conviction of a felony offense, the Legislature has eased the plaintiff's burdens by waiving filing fees (Government Code, § 70611), giving those actions calendar preference for trial setting (Code Civil Procedure, § 37), and allowing a prevailing plaintiff to recover attorney fees (C.C.P., § 1021.4).   In this case, Murphy's family may be entitled to the benefit of these California statutes if Boatwright is convicted of a felony in relation to the accident.  Under California law, the damages recoverable in that wrongful death case include compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support Murphy would have provided.


Compensation for the victims and families of victims of DUI accidents should be an important concern for all Californians. When a driver operates their vehicle in an extremely reckless manner while under the influence of drugs or alcohol and causes a serious or fatal accident, they should be held accountable. 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 years of experience handling personal injury cases, including those involving DUI drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.


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

Monday, August 15, 2011

DUI Accidents Claim Two Lives

Baldwin Park Accident:  A 24 year-old woman was killed by an automobile on Sunday as she was walking to church in Baldwin Park.  The driver of the car that struck the pedestrian, Esmeralda Ramirez, is suspected of driving drunk, according to the story published by KTLA news.  The tragic accident happened near Stewart Avenue and Baldwin Park Boulevard at about 2:30 p.m.  The allegedly drunk driver apparently fled the scene of the accident on foot, but was captured by police a short distance away.

See the KTLA news story HERE.

Wildomar Accident:  Also on Sunday, a 47-year-old Murrieta motorcyclist was killed in an accident involving an allegedly intoxicated driver.  According to a news report in the Press Enterprise, the victim, Jon Boehning, was fatally injured when he was apparently struck by a pick up truck driven by a 30-year-old Vista man who was arrested on suspicion of DUI.  The accident reportedly happened at about 3:15 p.m. near the intersection of Clinton Keith Road and Palomar Street.  Sadly, Boehning succumbed to his injuries at 5 p.m. while at Inland Valley Medical Center.

See the Press Enterprise story HERE.

According to recent statistics, approximately 1.5 million drivers were arrested for driving while intoxicated in the United States in 2009.  The tragedies caused by drunk drivers are the subject of an intense prevention campaign for 2011, Drive Sober or Get Pulled Over.  In fact, a national crackdown is planned for this Labor Day weekend, between August 19th and September 5th.  More information about the problems associated with drunk driving and the planned crackdown can be found at the National Highway Traffic Safety Administration's website.

Compensation for the victims of automobile accidents caused by an intoxicated driver’s negligence should be an important concern for all Californians. When an impaired driver negligently or recklessly causes a traffic accident and death results, the driver should be held accountable. An Orange County drunk driving accident 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 those against drunk drivers. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Has a loved one been killed in an automobile accident involving an intoxicated 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.
     

Friday, August 12, 2011

Bus Involved In Serious Chain Reaction Crash In Temecula


A Riverside Transit Agency bus slammed into stopped traffic Wednesday morning on southbound Interstate 15 in Temecula.  According to a story in the Press Enterprise, the commuter bus slammed into backed-up traffic on a stretch of highway notorious for congestion and a high rate of accidents.  The chain reaction crash involved a total of five vehicles, and it sent a total of seven people to local hospitals, including the driver of the bus, whose right leg was almost completely severed..
The Enterprise report indicates the accident happened about 7:50 a.m. yesterday when the RTA bus carrying five passengers rammed into the back of a white box truck that was stopped at the end of a line of cars waiting to exit the freeway at Winchester Road.  The bus driver is suspected of failing to notice the traffic ahead had come to a stop.  According to the news report, citing information from Caltrans, the area of this accident is notorious for backed up traffic and accidents.  The Winchester Road exit is often where traffic is at a stand still for considerable periods of time during the day.  While these facts make this accident less than surprising to local residents, nothing absolves the bus driver from using due care when transporting passengers.
See the Press Enterprise story and photographs HERE.
Under California law, generally bus owners and operators must “use the utmost care and diligence for their passenger’s safe carriage, must provide everything necessary for the purpose, and must exercise to that end a reasonable degree of skill.” Bus companies and public entities operating bus lines are known in the law as “common carriers”.  When they undertake the business of transporting the general public they bind themselves 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.  Such 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.
Compensation for the victims of bus accidents, caused by another’s negligence, should be an important concern for all Californians. When a bus operator or other driver operates their vehicle in a careless or reckless manner, they should be held accountable.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 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 loved one been injured in a bus accident caused by neglect?
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.

Sunday, June 19, 2011

Hit-and-Run Driver Badly Injures 68 Year-Old Woman

A hit-and-run accident early this morning left a 68 year-old woman with broken legs and in critical condition.   KTLA news has reported that police are searching for the driver of one vehicle who fled the scene on foot.  The accident occurred about 1 a.m. in the 12300 block of Riverside Drive between Whitsett and Laurelgrove Avenues in Los Angeles.  The force of the impact was so great it sent the cars airborne during the crash, before landing in the middle of the roadway.  The victim, who had to be cut out of her Honda Accord, was taken to Cedars Sinai Medical Center for the leg and perhaps neck and spine injuries.  The suspected hit-and-run driver left behind his Ford Fusion, apparently containing identifying information.
See the full KTLA news story HERE.
The hit-and-run driver involved in this collision will likely be apprehended and prosecuted, given the content of the news report.  The Fusion was not reported stolen, and apparently information left behind within the vehicle has given the police with sufficient evidence to identify the driver.  In addition, his flight from the scene is at least some indication of “consciousness of guilt” as far as causing this accident.  An reconstruction of the collision will likely be done, and that should lead to reasonable estimates of speed, direction and point of impact, allowing law enforcement to assign fault.  Of course, the standard of proof the prosecution will have to meet in any criminal case will be different than that in a civil case brought by the victim.  In a personal injury lawsuit, the woman injured would only have to prove that it was more likely than not the hit-and-run driver’s fault, as opposed to having to prove her case beyond a reasonable doubt.
Compensation for the victims of  hit and run accidents should be an important concern for all Californians.  When a driver negligently or intentionally causes a serious injury accident and then flees the scene, they should be held criminally and civilly accountable.  An Orange County personal injury lawyer with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate representation.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured in a hit-and-run 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.