Eight Vehicle Collision on Northbound 14 Freeway Results in Twelve Injured

At least eight vehicles were involved in a  crash on the northbound 14 Freeway this afternoon, resulting in injuries to twelve people including two who were critically injured.  According to KABC News, the collision happened at about 4:30 p.m. on the Antelope Valley Freeway Monday south of Escondido Canyon Road in Agua Dulce.  Apparently, a white pickup truck was traveling southbound in the northbound lanes which triggered the string of collisions.  Some of the injured were transported to Henry Mayo Newhall Memorial Hospital while one person was reportedly flown to Antelope Valley Hospital.  The precise cause of the accident is still under investigation.

Area of The Accident and Its Cause

The northbound 14 Freeway in the area of the collision is in a fairly desolate area, and it is unknown where the southbound white truck got into the the northbound lanes, since there is a raised, concrete divider separating the directions of travel.  Assuming the truck's driver was traveling the wrong way at the time of the collision, and absent an unforeseeable medical condition causing that wrong-way driving, liability would seem to clearly rest with the truck driver.  Unfortunately, in multi-vehicle, multi-injury accidents like this one, it is fairly common to find out the driver causing the accident does not enough insurance coverage or assets to pay for all of the claims brought against them.  With two critically injured parties, the likelihood is that the injured parties in this collision will have to accept only partial compensation for the injuries and damages sustained.

Insurance Coverage and Limits on Coverage

Most auto accident claims boil down to a determination of fault and an examination of the policy limits for the at-fault driver and injured party.  When more than one party is injured and more than one party might be at fault, then the division of available insurance policy proceeds can become difficult and complicated.  Usually, cases like the one above will not only involve consideration of the at-fault party's insurance but also the "underinsured motorist" (UIM) coverage available (if any) to the injured party.  In California, if the driver of the car causing the accident has a lower insurance policy limit than the injured party, the person injured can make two claims: one against the at-fault driver and one against their own automobile insurance company, for payment of UIM benefits.  For example, if the at-fault driver has a $15,000.00 liability limit, and you (the victim) have a $100,000.00 UIM limit, then you could receive $15,000.00 from the adverse driver's insurance company and another $85,000.00 from your own insurance.

SOURCE:  Wrong-way driver causes 8-car pileup on NB 14 Freeway, lanes closed, KABC News, June 17, 2013

Wrong-Way Driver Kills San Bernardino Doctor

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

The Cause of the Accident and Wrongful Death Claim

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

Wrongful Death and Personal Injury Claims

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

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

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