Fullerton Pedestrian Accident Results in Fatality

A pedestrian was killed Saturday afternoon when crossing a street in the City of Fullerton.  According to the KABC News, the accident happened at the intersection of Magnolia Avenue and Valencia Drive at about 2:45 p.m.  The male victim, not further identified, was pronounced dead at the scene as a result of the injuries he sustained.  According to the news report, the pedestrian was within the crosswalk when he was hit by the vehicle.

Fullerton Accident Scene

The Fullerton intersection where this accident happened is flat and wide open, and it is hard to imagine how this fatal collision could have happened in broad daylight.  It is unknown which direction the vehicle was traveling and whether the pedestrian was crossing on a green light for his direction of travel.  All of these issues will need to be addressed by the Fullerton Police Department in determining responsibility for the accident.

Frequency of Fullerton Accidents

According to the California Office of Traffic Safety, the City of Fullerton ranks among the 10 worst (when compared to cities of similar population) in terms of pedestrian accidents.  

Wrongful Death Claims

In a tragic situation like the one above, the surviving family members of the victim may bring a claim against the driver of the vehicle if the operator was in fact negligent at the time of the accident.  Under California law, and pursuant to statute, certain family members who survive (typically the spouse and children) may pursue a negligence claim against the party responsible for causing a fatal accident.  This is true even where the deceased was partially to blame for what happened.  This is known as the doctrine of "comparative negligence", and it simply reduces the compensation recovered by the percentage of fault attributed to the decedent.

If a loved one has been lost because of the negligence of a careless driver, you have the right to pursue a wrongful death claim under California law.  An injury attorney with experience at handling hundreds of Orange County cases may be of assistance in evaluating the merit of such a case.   

Understanding the Michael Jackson Wrongful Death Verdict

As reported by many media outlets yesterday afternoon, the civil jury in the Michael Jackson wrongful death action has found in favor of the Defendant, AEG Live, and against the Jackson family.  According to a CNN News report, the jury decided the first two questions on the verdict form, but were not required to answer the rest because they found Dr. Conrad Murray (already convicted of involuntary manslaughter in relation to Michael Jackson's death) was not "unfit" or "incompetent" to perform the work for which he was hired by AEG.

Legal Issues Surrounding The Jury Verdict Form

Under the law in California, an employer is generally liable for the negligence of their employee so long as the employee committed the acts in question while acting in the course and scope of their employment.  Here, it would seem if the jury decided AEG Live hired Dr. Murray (which they did in response to the first question on the verdict form) then AEG would automatically be liable for misconduct of Dr. Murray and the death of Michael Jackson.  However, it is conceivable the court ruled in a pre-verdict motion that Dr. Murray's criminal negligence was not something he did within the course and scope of his employment with AEG.  If that were the case, then the Jackson family would have to prove AEG Live was independently negligent in the manner in which they hired, retained and/or supervised Dr. Murray.

Assuming the Jackson family and their lawyers were obligated to prove AEG was negligent (separate and apart from Dr. Murray's neglect), it seems the second question on the verdict form ("Was Dr. Conrad Murray unfit or incompetent to perform the work for which he was hired?") would be insufficient to cover all theories of the Plaintiffs' case.  For example, if there was any reason for AEG to know Dr. Murray was prescribing large quantities of propofol (the drug involved in Michael Jackson's fatal overdose), then they could be  held liable for continuing to employ the doctor, thereby causing or contributing to the death.  This negligent retention/supervision theory does not appear to have been considered by the jury, and this may be grounds for an appeal.  It is important to note that at least one juror described that second question on the verdict form as "confusing".

If you or a loved one has been the victim of medical malpractice, contacting a malpractice attorney may be the most important step to determining whether yours is a valid claim.

SOURCE:  AEG not liable in Michael Jackson's death, jury finds, CNN, October 2, 2013, by Alan Duke

OC Detox Facility to Surrender License After Patient Death

An Orange County detoxification and treatment facility has agreed to close its door and surrender its license following a State investigation by the Department of Alcohol and Drug Programs.  According to the ABC News report, the West Coast Detox Services facility in Huntington Beach agreed to the closure after a 28-year-old client was found dead on the premises in April of 2012.  The client, 28-year-old Jason Redmer, was found dead at the home, although the precise cause of death remains a mystery.  The complaint by the ADP includes allegations that Redmer and other clients were given highly-regulated drugs without a prescription and before seeing a doctor.  The State also alleged that West Coast Detox failed to destroy old medications kept on site, to which Redmer apparently gained access.  The ADP complaint also alleged that West Coast's failure to get Redmer medical help and destroy the old medications caused or contributed to his death.  Redmer had entered the facility just four days before his death to detox from drugs and alcohol.

Liability for Wrongful Death

When a patient or "client" dies while in the care and custody of a medical facility or detox center, questions regarding civil and even criminal responsibility will often be raised.  There is little doubt that taking on the responsibility of caring for someone who engages in self-destructive behavior can be difficult.  However, there are rules and regulations of the State and even Federal government that apply, and should set at least the minimum standard for the conduct of these facilities.  In the case above, West Coast Detox was alleged to have allowed a known drug addict and alcoholic access to potent, prescription medication.  Beyond that, the facility was also accused of failing to get Redmer the medical help he apparently needed.  These do not seem like particularly difficult requirements to comply with, and when a facility fails a patient in such a fragile condition, the outcome can be devastating to the patient and their family.  If violations of standards occur and a death results, the patient's family is entitled under the law to pursue a wrongful death lawsuit.

Proving Violations of the Standard of Care

In case involving medical treatment or drug rehabilitation, a violation of the standard of care must be established by competent, expert testimony.  While some violations might seem obvious, such as allowing a drug addict access to dangerous medications, much more often than not an expert with significant experience at drug counseling and/or medical monitoring of drug addicted patients will be necessary.  Under California law, when the subject of a lawsuit is "sufficiently beyond common experience" an expert's testimony may be offered to establish the plaintiff's case.  (California Evidence Code Section 801)  In the vast majority of medical malpractice cases, nearly all of them, an expert health care provider will have to testify that there was a breach of the "standard of care" in order to establish liability against the defendant.  The same is true for drug and alcohol rehabilitation facilities.

If you or a loved one has been the victim of medical neglect, consultation with an experienced malpractice attorney is often the best first step toward securing compensation and obtaining civil justice.

SOURCE:  Huntington Beach detox facility where man died is closing - exclusive, ABC News, Orange County, August 6, 2013, by Eileen Frere

Suspect in Fatal Gardena Hit-and-Run Arrested

The suspect arrested on suspicion of vehicular manslaughter in connection to a fatal hit-and-run in Gardena has been identified as the daughter of a veteran LAPD officer.  According to KTLA News, the suspect, 22-year-old Vanessa Yanez, was taken into custody  on Wednesday and booked for vehicular manslaughter, perjury, filing a false police report and felony hit and run.  The accident happened on June 26th at about 9:50 p.m. when Yanez' vehicle reportedly struck the bicycle being ridden by Jesse Dotson, a postal worker on his way to work.  Citing official sources, KTLA has reported that Yanez is believed to have struck the victim and then fled the scene without rendering any kind of aid.  Dotson was taken to Harbor-UCLA Medical Center where he later died from his injuries.  A tip to the police is apparently what led to the arrest, and anyone with information regarding this accident should contact the Gardena Police Department at 310-217-6189.

Location of the Accident

According to a news report in the Daily Breeze, the accident above happened in the 1000 block of El Segundo Boulevard in Gardena, very near the Executive Inn.  That stretch of roadway is relatively flat, straight and there is no intersection near the location of the accident.  It is unknown precisely how the accident happened or what direction the vehicles were traveling.  Given it was just about 10:00 p.m., there is a good chance that lighting and visibility may have played a role in the collision.  With Yanez fleeing the scene of the crash, and therefore being unavailable for blood and/or drug testing immediately afterward, it is presently unknown whether driver impairment may have contributed to this tragedy.  Fleeing the scene of an accident is generally a sign of consciousness of guilt under the law, and this fact may be used against Yanez in court.  Since her father is a LAPD officer, as has been been for a number of years, it seems a logical inference that Yanez was aware of her legal obligation to remain at the scene and to render aid.  

If you have been injured or a family member has been killed in a hit-and-run accident, compensation may be available even if the driver is never identified.  Contacting an car accident attorney may be the most important step taken toward obtaining civil justice in a wrongful death case like the one above.

SOURCE:  Daughter of Veteran LAPD Officer Arrested In Deadly Gardena Hit-And-Run, KTLA News, July 5, 2013, by Ann Pride

Hit-and-Run in Compton Proves Fatal For Elderly Pedestrian

An elderly pedestrian was struck and killed by a hit-and-run driver last night in the City of Compton.  According to KABC News, the 65-year-old victim was struck and dragged approximately 75 feet by a white sedan.  The accident reportedly happened about 9:00 p.m. on North Alameda Street near East Oaks Street.  The accident is being investigated as a crime, and anyone with information should call the Los Angeles County Sheriff's Department's Compton Station at (310) 605-6500.

The Accident Scene

The scene of the accident appears to be in a commercial area, and the roadway is flat and straight.  While it will depend on the exact point of impact, there seem to be a number of street lights in the area that would presumably help drivers see any pedestrians crossing the road.  However, there does not appear to be a clearly marked crosswalk on Alameda in the vicinity of the accident.   While this may prove important in the investigation, it should be remembered that a "marked" crosswalk is not always required before a pedestrian can walk across a street.  

Wrongful Death Claims in California

Under California law, the surviving family members of the hit-and-run accident victim have the right to bring a claim against the driver for the recovery of certain damages.  In this State, those damages include the loss of the "love, companionship, comfort, care, assistance, protection, affection, society, and moral support" of the decedent.  Additionally, the surviving family may recover for the loss of financial support, the loss of gifts or benefits, the cost of the funeral and burial expenses, and the reasonable value of household services the deceased would have provided.  

If you have lost a family member because of a negligent or reckless driver, contacting a wrongful death attorney is likely an important first step toward securing compensation and civil justice.  

SOURCE:  Compton hit-and-run driver drags, kills 65-year-old pedestrian, KABC News, Los Angeles News, July 3, 2013

Colton Police Cleared in Yet Another Shooting

The San Bernardino County District Attorney's office has found that Colton police officers were justified in shooting an unarmed man 13 times.  According to the Press Enterprise, the officers fatally wounded the suspect after a high-speed chase on July 31, 2012, when the suspect allegedly reached for what the officers thought might be a weapon.  A total of 20 rounds were fired at Trevor Michael Taylor, just 22 years old when he died, after he reportedly dropped his hands and leaned forward, contrary to instructions from the Colton officers.  The DA's office apparently concluded the shooting was justified given the "totality of the circumstances."

The Use of Deadly Force

Under California law, police officers are given considerable leeway when it comes to the use of force against someone being arrested or detained.  This is true even where the officer uses deadly force.  The “reasonableness” of a particular use of force is judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.   In general, the question is whether the officer's actions are “objectively reasonable” in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.  However, the use of deadly force is only justified when a reasonable law enforcement officer would reasonably believe that there was an immediate threat to the safety of the officer or others at the time the force was used.

The Colton Police Department Shootings

The above case is not the first time that Colton officers have been involved in the shooting of a suspect, only to be cleared later by the District Attorney's Office.  For example, a man involved in a fight outside of a Colton bar was shot by a Colton police officer once in the torso, even though the suspect apparently had no weapon.  The District Attorney's Office cleared the officer of any wrongdoing.  More recently, two officers who fatally wounded a 19-year-old carjacking suspect were cleared after the shooting.  The suspect, David Romero, reportedly tried to run down the officers in a stolen van before he was shot in the head.  According to an article in the Daily Bulletin, no charges were filed against the officers.

When a law enforcement officer involved in a shooting or other alleged excessive use of force is cleared by the District Attorney's office, it does not mean a successful civil rights claim cannot be pursued by the victim or their family.

If you or a loved one has been the victim of what you believe was excessive police force, contacting an experienced injury attorney may be the best way to determine whether your potential case can be pursued.

SOURCE:  COLTON: Police justified in shooting unarmed man, DA says, the Press Enterprise, June 6, 2013, by Richard K. De Atley

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

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

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

Cause of the Accident and Negligent Entrustment

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

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

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

Two Fatalities at 14th and Sedgwick in Riverside

Very early Monday morning a hit-and-run driver ran a red light in Riverside, striking a car and killing both of its occupants.  According to the Press Enterprise, the accident happened at about 12:30 a.m. when a truck heading west on 14th Street ran the stoplight at Sedgwick Avenue.  The truck crashed into a Saturn, killing the front seat passenger instantly.  The driver of the car was taken to Riverside Community Hospital where he succumbed to his injuries.  The driver of the truck ran from the scene, and he is described as Hispanic, 5-foot-8 and about 200 pounds with a shaved head, mustache and tattoos up and down his arms and neck.  Anyone with information should contact the Riverside Police Department at (951) 826-5700.

What To Do If You're In a Hit-and-Run Accident

If you fall victim to a hit-and-run driver, the sooner you contact the police the better the chances they will be able to identify the driver.  While you may not be able to take accident scene photographs immediately following a collision, you should accomplish this as soon as you are able.  Sometimes pictures of debris left behind, and the actual debris itself, will go a long way to identifying the type and color of the vehicle involved.  That information can often be used to track down the accident vehicle and its driver.  It is rare the hit-and-run driver's vehicle will be abandoned at the scene, as it was in the case above.  Needless to say, it is likely a matter of time before the driver involved in the Riverside crash is found and arrested.

Wrongful Death Claims

The tragic accident above has left two people dead and their families heartbroken.  No amount of compensation can ever undo the harm, but civil justice is just one way we can bring closure for the survivors.  The right to compensation has been recognized in the law for quite some time.  One of its main purposes is to deter people from careless accidents that cause a death.  Prior to creation of the wrong death statute in California, the claim for the injury to the victim simply disappeared when the victim died.  Recognizing the unfairness of this scenario, the State legislature enacted the wrongful death law to make sure that careless people would be held accountable and surviving family members would be compensated.

If a family member has been killed in a hit-and-run accident, you should contact a wrongful death attorney to find out more about your rights.

SOURCE:    RIVERSIDE: Two killed in hit-and-run crash, Press Enterprise, April 29, 2013, by John Asbury

Fatal Shooting Outside of Colton Bar: Potential Liability?

The Sun has reported that the suspect in a fatal shooting outside of a Colton bar has been arrested near the Mexican border.  The shooting occurred just after 1:00 a.m. on Friday (January 25th) just outside the Linko's Cocktail Bar.  The suspect, 25-year-old Larry Flaco Morales, has been booked on suspicion of murder.  The Sun report indicates the killing may have occurred after a fight at the bar.  The 34-year-old victim, from Moreno Valley, died at a local hospital, and he has yet to be identified.  

Potential Liability for The Bar

It has long been the law in California that a business owner who serves intoxicating drinks to customers for consumption on the premises must “exercise reasonable care to protect his patrons from injury at the hands of fellow guests”.  That duty is imposed when one or more of the following circumstances exists: (1) A tavern keeper allowed a person on the premises who has a known propensity for fighting; (2) the tavern keeper allowed a person to remain on the premises whose conduct had become obstreperous and aggressive to such a degree the tavern keeper knew or ought to have known he endangered others; (3) the tavern keeper had been warned of danger from an obstreperous patron and failed to take suitable measures for the protection of others; (4) the tavern keeper failed to stop a fight as soon as possible after it started; (5) the tavern keeper failed to provide a staff adequate to police the premises; and (6) the tavern keeper tolerated disorderly conditions.  

While it is not clear whether there was a fist fight that preceded the shooting, either inside or outside of the bar, that factual determination may well have an impact on the potential liability for Linko's.  If violence could reasonably have been anticipated and bar employees failed to take necessary precautions, the bar owner could face civil liability.

Wrongful Death Claims

Under California law, certain surviving family members may bring an action for wrongful death in the event a loved one is killed because of the intentional or careless conduct of another.  A wrongful death action requires the plaintiff to prove the death would not have occurred but for the defendant's act or omission.  In the case above, it must be shown that some reasonable intervention would likely have prevented the death of the shooting victim.   For example, if it can be shown there was a fight inside or outside the bar for some period of time, and either security or law enforcement intervention could have changed the outcome, the bar owner may be held liable.

Premises liability cases, especially those arising from a third party's misconduct or criminal behavior, are difficult to prove and require a personal injury attorney with years of experience at handling such cases.  Not every claim can be successfully prosecuted so obtaining a legal opinion as early as possible is a critically important first step.

SOURCE:  Man wanted in Colton shooting arrested at Mexican border, January 26, 2013, by Beatriz E. Valenzuela

Three Fatalities in Redlands Head-On Crash

The Banning-Beaumont Patch has reported a tragic accident in Redlands that took the lives of three people on Thursday morning.  Two vans, one a minivan carrying eight people, collided head-on while traveling on Orange Street near the Santa Ana River bridge.  According to the news report, all three of the victims who were killed were riding in the northbound minivan and none was wearing a seatbelt.  The speed limit in the area is 55 miles per hour, but it is unknown precisely how and why this horrible accident occurred.  Later reports have identified the deceased as a 19-year-old male resident of Redlands, a 58-year-old female resident of Redlands and a 33-year-old male resident of Highland.  The six injured, including the sole occupant of the larger, Chevrolet van were hospitalized with unknown injuries.

Cause of the Collision

From a cursory look at the photographs of the accident scene, it would appear the skid marks on Orange Street are from the minivan.  And, given the points of rest of the two vehicles and their respective positioning, it would appear the Chevrolet van may have crossed into the opposing lane of travel, causing this head-on collision.  Obviously, at this point, the accident is still under investigation, and it is unknown whether this will be the conclusion of the accident investigators.  Additionally, assuming the Chevy van did cross over the center line, the reason for that is unknown.  According to the California Office of Traffic Safety, the City of Redlands ranks among the worst in terms of injury and fatal accidents for cities of similar size.  The City ranks 18th out of 103 in terms of injury and fatal collisions.  As for Orange Street in the area of the accident, it does not appear to have any unusual configuration as it is relatively straight, with a slight grade.

Seatbelts and And Other Safety Measures

According to the news reports, citing official sources, none of the occupants of the minivan was wearing a seatbelt.  According to the Centers for Disease Control and Prevention, adult seat belt use is the most effective way to save lives and reduce injuries in crashes.  In spite of this fact, millions of adults do not wear their seat belts on every trip.  According to government statistics more than half of all motor vehicle accident-related fatalities could have been prevented by the use of seatbelts.  While some accidents are not survivable, because they are so severe, thousands of lives can be saved every year if seat belts are worn.  In accidents like the one above, it is generally necessary to retain a biomechanical expert to determine whether seat belts would have made a difference in terms of survival.

Losing a loved one is a devastating experience and one that cannot be adequately measured in dollars.  However, in a civil justice system the only available remedy to the surviving family is the monetary compensation the defendant must pay.  An automobile accident attorney can be of assistance in evaluating the merit and compensation potential in such cases.   Wrongful death actions in California are premised on statute and only certain family members are entitled to pursue such a lawsuit.  The first step to obtaining civil justice is contacting a qualified injury attorney.

SOURCE:  UPDATE:  Three Killed, Six Hospitalized in Redlands Crash on North Orange St., January 17, 2013, by Gina Tenorio, Renee Schiavone, and Guy McCarthy

Fatal Pasadena Police Pursuit Cuts Two Lives Short

According to KTLA news, a police pursuit in the City of Pasadena on Christmas has left two people dead.  The victims, a boy 11 years old, and a woman, 26 years old, were among the five occupants of a minivan that was struck by an SUV fleeing the police.  Apparently, the SUV had failed to stop at a stop sign earlier and was being chased by police when it ran through a red light at the intersection of Claremont Street and Marengo Avenue, where it struck the minivan.  KTLA, citing police sources, has reported that the occupants of the minivan were family members visiting Southern California from the San Francisco area.  The three surviving passengers in the minivan and all four occupants of the SUV were taken to the hospital for treatment.  Since none of the occupants of the SUV would admit they were the driver at the time of the crash, all four were arrested and booked for murder.

LIABILITY FOR THE FATAL CRASH

In the case above, it might seem the City of Pasadena would have some responsibility for the collision and the damages sustained by the victims and their families.  However, as a public entity, Pasadena is fairly well protected from liability because of governmental immunities.  Those legal protections generally require certain policies and training be in place relative to police pursuits before they become operative.  The liability of the driver and perhaps owner of the of the SUV would seem fairly easy to establish.  The driver, whichever of the four occupants it was, reportedly failed to stop for a red light, a violation of California Vehicle Code Section 21453.  That violation of the traffic laws should be enough to establish the driver was negligent and therefore liable for the accident.  Since the occupants of the SUV have thus far refused to cooperate with police in identifying the driver at the time of the collision, the victims and their families would likely need to file suit against all of the occupants. The burden would then be shifted to these defendants to identify the driver or jointly suffer the consequences of an adverse judgment.

WRONGFUL DEATH CLAIMS

As a result of this tragic crash, two lives were cut way too short.  Their families would certainly have the right to pursue wrongful death claims.  The parents of the 11-year-old and the husband/children of the woman killed would be the likely plaintiffs in any such action.  As a society, we exact justice collectively by way of a criminal conviction and the individual victims and their family members may seek civil justice by way of a lawsuit.  In those types of cases, the families are compensated for the lost relationship with their loved ones, including the loss of financial support that would have been provided by the decedent.
When a wrongful death case is pursued, an experienced personal injury attorney can be of assistance in evaluating those claims.  Often the potential recovery is dictated by the closeness of the relationship between the plaintiff and the decedent and the extent of financial support that was provided in the past and would likely have been given the future.  Attorneys with experience at handling these wrongful death cases have the insight necessary to assess their value and collectibility 

SOURCE:  WOMAN, BOY KILLED IN PASADENA PURSUIT CRASH, KTLA News, December 26, 2012, by Kellan Connor

Substance Abuse Counselor Arrested for Fatal DUI

Late Saturday night a substance abuse counselor was arrested after alleging killing a man while driving drunk in Torrance, according to a news report on KTLA.    The suspect, 51-year-old Sherri Wilkins, is accused of hitting a pedestrian and then driving for roughly two more miles with the victim embedded in her windshield.  Witnesses surrounded Wilkins' car at the intersection of Crenshaw Boulevard and 182nd Street and detained her until police arrived.  The 31-year-old victim, Philip Moreno, was pronounced dead at a local hospital.  According to the news report, Wilkins' blood-alcohol content was more than twice the legal limit.  She is a third-striker according to the news report and has been charged with murder.

A memorial fund has been set up for Moreno and donations may be made at the following:

TCCU (Torrance Community Credit Union)
Phillip Moreno Memorial Fund
Account # 953531-02
(310) 618-9111

Drunk Driving and Fatal Accidents

According to the Centers for Disease Control and Prevention, about 30 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver every single day.  This amounts to one death every 48 minutes.  In the case above, it is hard to imagine that an experienced substance abuse counselor would not appreciate the risk created when driving impaired.  In spite of the good she may have done in the past, Wilkins will likely be remembered for her role in bolstering the fatal DUI statistics mentioned above.  This tragic accident was entirely avoidable, and now we can never restore what the Moreno family has lost.

Wrongful Death Compensation In California

Since no criminal conviction and no amount of money will turn back the clock, the only thing we can do as a society to bring justice to the family of someone who died as a result of careless or criminal behavior is to compensate the survivors with money damages.  To some extent, at least as far as financial support is concerned, those damages may assist the family members in living the lives they would have enjoyed but for their loved one's death.  For example, money can be set up in a structure for young children so they can be provided at least adequate living conditions and an education.  For very small children this is often done by way of an annuity purchase that will provide for the children during their minority and even through their early adulthood.  Beyond this, surviving family members are entitled to be compensated for the loss of the love, society, care, comfort and affection the decedent would have provided...a difficult task.

In evaluating the potential recovery in a wrongful death case, an experienced personal injury attorney can provide essential guidance.  There are no formulas for calculating the value of a lost relationship and it is instead something that can be discerned best by experience with similar cases.  Every situation is different, and complicated issues of liability, damages, earning capacity and present value must be carefully addressed.

SOURCE:  KTLA News, " Substance Abuse Counselor Charged in Deadly DUI Crash", November 28, 2012.

The Killed in Long Beach Collision

According to KTLA news and the Belmont Shore-Naples Dispatch, two men were instantly killed and a third died in the hospital as a result of a traffic collision in Long Beach Saturday night.  The first two victims, Mark Martineau, 36, and Richard McAleavey, 54, were declared at the scene of the accident in the 2900 block of Redondo Avenue.  Reportedly, Martineau lost control of his  Dodge Ram when trying to change lanes, causing the vehicle to careen over a sidewalk and into a pylon beneath the 405 Freeway.  Another passenger, 36-year-old Terrence Harris, was badly injured and succumbed to his injuries on Sunday afternoon.  The crash is under investigation, but the driver may have been speeding and lost control in wet weather.  The Long Beach Police Department would like witnesses to call them at (562) 570-7355.

LONG BEACH TRAFFIC ACCIDENTS

According to the California Office of Traffic Safety, the City of Long Beach ranks 10th/9th out of the 13 cities in Los Angeles County with a population of more than 250,000 residents, in terms of injury and fatal accidents.  In 2010, there were 1,874 injury or fatal accidents in Long Beach.  Of those accidents, 254 were reportedly speed related, as may have been the case in the accident above.  From a quick review of the scene via Google Maps, there does not appear to be anything unusual or dangerous about this particular area of Redondo Avenue.  To the contrary, the roadway appears flat and straight with virtually no obstacles of any kind.  Absent other information to the contrary, this tragic, triple-fatality accident would appear to be the result of driver negligence.

WRONGFUL DEATH RECOVERY

The families of McAleavey and Harris would appear to have the right to pursue claims for wrongful death against the insurance carrier for Martineau and/or his estate.  Under California law, surviving family members (typically the spouse and children) have the right to pursue claims for the loss of the society, care, comfort, affection, love and support their loved one would otherwise have provided.  Claims such as this are generally unlimited in terms of the amount the family can recover, except in the context of a medical malpractice case.  What does impact the recoverable compensation are factors such as the amount the deceased provided in the way of financial support and the closeness of the relationship with the family left behind.

An experienced Orange County personal injury attorney is perhaps in the best position to assess the above factors and the best approach to a wrongful death claim.  

Suspected DUI Driver Causes Fatal Accident In Boyle Heights

Late Saturday night a suspected drunk driver plowed his vehicle into a crowd near a taco truck in Boyle Heights, killing two people.  According to news reports, the female driver, now facing felony charges, was being followed by CHP officers because of her erratic driving, speeding and weaving in and out of lanes on the northbound 5 freeway.  The suspect, 38-year-old Elba Jimenez of Upland, ignored officers' attempts to pull her over as she exited the freeway at Cesar Chavez Avenue, ran a red light and crashed into the parking lot.  Marlene Alatorre, 19, and Claudia Fernandez, 38, were killed in the accident.  Two victims inside the taco truck, a man and a pregnant woman, were taken to L.A. County Medical Center for their injuries. Alatorre's family is accepting donations for funeral services.

See the KTLA news story and video HERE.

This shocking and tragic story is becoming all too familiar.  An alleged drunk driver causes a fatal collision and his changed so many lives in the process.  According to the news reports, Alatorre leaves behind a 1-year-old baby, who will never know their mother.  Few things in this world could be more tragic than the loss of a young mother who leaves behind a small child.  Because of Jimenez' selfish acts, both the Fernandez and Alatorre families can never be the same.  While monetary compensation is far from perfect justice, this is the only thing that can be given to these two families to perhaps make their lives at least a little more comfortable than they would be without it.  Nothing can fairly compensate a family for the loss of their loved one's society, care, comfort, affection, love and support.

Compensation for the victims of fatal automobile accidents caused by a drunk driver should be an important concern for all Californians.  When a driver operates their vehicle recklessly or while impaired so as to cause a serious or fatal accident, they should be held accountable.  An Orange County auto accident attorney with experience at handling wrongful death 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 wrongful death.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

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