Four-Year-Old Killed in Azusa Car Accident

A four-vehicle car crash last night in Azusa proved fatal for a 4-year-old girl.  As reported by KABC News, this tragic collision involved two passenger vehicles, a truck and a transit bus at the intersection of Citrus Avenue and Gladstone Street at about 8:30 p.m.  The little girl was apparently one of three children injured, and all were taken to the hospital after the accident.  The 4-year-old succumbed to her injuries, but the other two children's injuries were not believed to be life- threatening.  Four adults were hurt in the accident, including two passengers aboard the bus who complained of pain at the scene.  The cause of this accident is under investigation.

The Scene of the Accident

The area where the accident occurred is a typical four-way intersection controlled by tri-phase traffic signals, and it is hard to imagine how four vehicles could be involved there in the same accident.  The City of Azusa has a below average ranking for cities of similar size in terms of motor vehicle accidents, according to the California Office of Traffic Safety.  The City ranks 14th out of 93 in terms of fatal and injury accidents.  In other words, of cities with a comparable population, Azusa is only safer than 13 cities, but worse than 79.  While the precise cause of the accident is unknown, there is little doubt the police investigation should reveal which of the four drivers was primarily at fault.

Wrongful Death Law in California

Under California law, the recovery of compensation in a wrongful death lawsuit includes both economic and noneconomic damages.  As for economic damages, the parents of a minor child may be entitled to recover:  (1) The value of the financial support, if any, that the minor would have contributed to the family during either the life expectancy that minor had before their death or the life expectancy of  the parents, whichever is shorter; (2)  The loss of gifts or benefits that the parents could have expected to receive from their child; (3)  Funeral and burial expenses; and (4)  The reasonable value of household services the child would have provided.  The non-economic damages include: loss of the child's love, companionship, comfort, care, assistance, protection, affection, society, and moral support.  The combination of these damages make up the compensation parents can recover if their child was fatally injured by someone's neglect.

If you have lost a loved one because of what you believe was someone else's negligence, contacting a wrongful death attorney can be the best way to find out about your rights to compensation under the law.  No amount of money can ever bring things back to the way they were before an accident, but monetary compensation can sometimes help lessen the financial burden.  At a minimum, a civil claim help to ensure accountability for those who are negligent and cause injuries or even death. 

SOURCE:  4-year-old girl killed in Azusa multi-vehicle accident, KABC News Los Angeles, July 16, 2013

Guilty Plea In Fatal DUI Crash In Perris

A 53-year-old woman pled guilty to vehicular manslaughter charges earlier today in connection with a fatal DUI collision on December 7th.  According to the Press Enterprise, the Defendant, Theresa Jean Estes, may face up to 10 years in prison for the crash that took the life of an 18-year-old girl, Ashleigh Brooks of Lake Elsinore.  The incident occurred when Estes pulled out in front of Brooks on Highway 74 Spring Street, near the City of Perris.  The cars collided and then Brooks' Honda was involved in a secondary collision with a truck.   Brooks had been headed home for a birthday dinner at the time of this tragic crash.

DUI Crashes Occur With Alarming Frequency

According to the story above, the drunk driver was apparently on probation for a prior DUI conviction at the time of the December 7th collision.  If that were not enough, her own family lost one of its members - her father - in an alcohol related accident.  In spite of all this, Estes got behind the wheel of her car drunk and took the life of a teenaged girl.  The prevalence of accidents caused by impaired drivers is difficult to understand when so much information is available to the general public about the enormous suffering such behavior can cause.  The Centers for Disease Control and Prevention has reported that in 2010 more than 10,000 people were killed in alcohol-impaired driving crashes.  That number represents nearly one-third (31%) of all traffic-related deaths in the United States.  Not too surprisingly, as as demonstrated by the case above, drivers with a blood alcohol content (BAC) of 0.08% or higher involved in fatal crashes were four times more likely to have a prior conviction for DUI than were drivers with no alcohol in their system. 

Civil and Criminal Responsibility

In every DUI crash involving injury to an innocent victim, the impaired driver owes a debt to society as a whole (theoretically paid via a criminal conviction) and to the particular victim and their family by way of a personal injury or wrongful death claim.  Issues of liability against the alleged DUI driver are typically straight forward, but the claims can be mired because of comparative negligence on the part of the victim and complex issues of damage assessment.  A personal injury attorney with a long history of handling these cases can be of valuable assistance in taking the necessary steps to protect your rights and ensure optimal compensation.  Contacting an Orange County auto accident attorney is often the first step toward obtaining civil justice.

SOURCE:  PERRIS: Woman pleads guilty in DUI crash that killed teen, Press Enterprise, December 12, 2012,  Sarah Burge

Rescue Doctrine and The Valley Village Electrocutions

Last Wednesday, a solo traffic accident involving a 19-year-old driver in Valley Village resulted in the tragic deaths of two women who had come to the driver's aid.  According to news reports, the driver of a white SUV, traveling at perhaps an excessive speed, lost control of his vehicle and crashed into a fire hydrant and light pole, knocking it to the ground.  The wire from the pole apparently electrified the pooling water around the accident scene, unbeknownst to a number of rescuers and bystanders.  When two women, Stacey Schreiber (39) and Irma Zamora (40) approached the SUV and stepped into the water, they were electrocuted and dropped to the ground instantly.  A number of other bystanders were injured by the electricity when they approached.  Schreiber and Zamora were eventually removed from the water by firefighters, and sadly both died shortly after being transported to a local hospital.

See the KTLA/Los Angeles Times news story HERE.

The precise cause of the crash has yet to be determined, but preliminary reports suggest excessive speed on the part of the SUV driver was at least a contributing factor.  This incredibly tragic story not only evokes sympathy for the victims and their families, it raises important legal questions.  Perhaps one of the most interesting questions is one of liability.  Should the driver of the white SUV be liable for the two deaths and the injuries sustained by rescuers if it is shown he was negligent in causing the accident?  Under California law, there is little doubt a firefighter or police officer would be precluded from recovery against the driver since they assume the risk of such injury by virtue of their jobs.  However, private rescuers (such as Schreiber and Zamora) and their families may recover if it can be shown they did not act rashly or recklessly during their rescue efforts.  Here, the electrified water was a danger not readily apparent to bystanders as evidenced by the number of people who were electrocuted so it would seem none of the rescuers (particularly Schreiber and Zamora) acted in a rash or reckless manner in trying to come to the aid of the SUV driver.  It appears the rescue doctrine would permit a recovery under these circumstances.

Compensation for rescuers and their families should be an important concern for all Californians.  When a private person comes to the aid of a negligent driver and is injured or killed as a result, the one who carelessly caused the accident should be held accountable.  An Orange County injury lawyer with experience at handling traffic collision and rescue cases can make a fair assessment of these claims. Mr. Ralph has more than 21 years of experience handling automobile accident cases, including those raising legal issues like the one above.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been injured or killed while rescuing someone following an avoidable 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

Good News - Fatal Automobile Accidents Are Declining

Finally there is good news about the accidents on California and Orange County roadways.  The number of fatal automobile collisions is actually declining.  According to statistics just released, fewer people died from traffic crashes statewide and in Orange County in 2010 when compared to the year before.  The Orange County Register has reported the statistics from the National Highway Traffic Safety Administration which shows that California had a total of 2,715 traffic accident fatalities in 2010, a drop of 375 from 2009.  In Orange County, 105 traffic deaths were reported in 2010, a fall of 49 when compared to the year before.  

See the Orange County Register article HERE.  

Beyond the drop in traffic fatalities in 2010, the statistics being compiled by NHTSA show a decline in the numbers for the first nine months of 2011.   The number of traffic accident deaths in California has actually been steadily dropping since 2005.  This is also true for Orange County.  While the numbers are clear, the reasons behind them are at least a little murky.  Some ascribe the drop in traffic deaths to the slow economy and less driving.  However, the death rate per million vehicle miles of travel has also dropped steadily for the last six years.  Another factor which may be at work is that the vehicles on the road now are on average newer and safer than they were years ago.  Beyond that, according to the Orange County Register, the California Highway Patrol has indicated more enforcement is also a reason for the drop as all 103 CHP field offices are staffed around the clock.  Of course, the potential for civil and criminal accountability may both play some role in prompting greater care behind the wheel.  Whatever the reason or combination of reasons, the good news remains...fewer lives are being lost because of traffic accidents.

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

Have you lost a loved one because of a fatal traffic collision?

This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Orange County Bicyclist Fatally Injured in Huntington Beach

An elderly bicyclist from Westminster was reportedly killed in a traffic accident this morning at about 11:00 a.m.  According to the Orange County Register, the victim was a 79-year-old bicyclist, and the accident occurred on Bolsa Avenue west of Able Lane in Huntington Beach.  The bicyclist was apparently riding eastbound on Bolsa when he was struck by the driver of a BMW, a 23-year-old man from Long Beach.  Following the collision, the elderly cyclist was taken to UCI Medical Center where he was pronounced dead.  No arrests of citations were issued and any witnesses are urged to call the Huntington Beach Police Department at 714-536-5670.

See the Orange County Register article HERE.

According to published statistics, bicycle and other "pedalcycles" are involved in approximately 2% of all fatal traffic accidents.  Most of the fatal accidents occur in urban areas, away from intersections, and the pedalcyclists are, on average, 41 years of age.  Interestingly, the average age of those fatally injured in such accidents has steadily increased since the year 2000.  Some people tend to forget that bicyclists are considered vehicle operators, and they are required to obey the same rules of the road as other vehicle operators, including obeying traffic signs, signals, and lane markings.  (See the National Highway Safety Administration, Traffic Safety Facts 2009)  In the case above, it remains to be seen how and why this tragic accident occurred.  Eastbound Bolsa Avenue includes three regular travel and one bike lane.  A further investigation, including the taking of witness statements, will likely aid in determining whether the accident actually occurred within the bike lane or whether the bicyclist was within one of the regular travel lanes.  Given the configuration of the roadway and the fact this was a daytime accident, it is hard to imagine how this fatal collision occurred without some neglect by either the driver or the elderly bicyclist.

Compensation for the victims of bicycle versus motor vehicle accidents caused by negligent drivers should be an important concern for all Californians.  When a driver operates their vehicle so as to cause an accident with a cyclist, they should be held accountable for the injuries and damages they cause.  An Orange County bicycle accident attorney with the necessary experience can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling Orange County vehicle accident cases, including those involving bicyclists.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in a motor vehicle versus bicycle 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.

Colton Man Dies After Taser Incident

A 43-year-old man died on Sunday night following an altercation with police in which the man was shocked with a taser.  The subject, Hutalio Serrano, had been contacted by Colton police after a 9-1-1 called was placed, reporting a family disturbance.   According to a report by KTLA news, Serrano apparently refused to obey the officers' commands and became combative, resisting their efforts to calm him down.  During the altercation, an officer deployed his taser at least once on Serrrano without success.  It reportedly took three officers to subdue and handcuff Serrano who continued to resist even after he was restrained.  According to the news report, Serrano suffered some sort of medical emergency after being arrested and had to be transported to Loma Linda university Medical Center where he was pronounced dead a short time later.

See the KTLA news story and photographs HERE.

When an incident like the one occurs, the question of whether the amount of force used by the police was reasonable comes quickly to mind.  With a family disturbance call, officers are often thrust into violent situations.  however, the use of force used by police officers to overcome any violence directed at them must be reasonable.  'The 'reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.  From the description of the incident above, we simply do not know how much force was reasonable and whether deployment of a taser (perhaps multiple times) was warranted.  Beyond that,  where an officer intentionally or recklessly provokes a violent confrontation, if the provocation is an independent Fourth Amendment violation, he may be held liable for his otherwise defensive use of deadly force.  In other words, an officer may be liable for using deadly force if his own actions provoked (violence or an escalation in the violence) from the party being apprehended or arrested.

Compensation for the victims of excessive force by the police should be an important concern for all Californians. When someone being taken into custody is unnecessarily injured or killed by the police, the police department should be held accountable for all of the injuries and damages sustained. An Orange County civil rights attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of police brutality?

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.

Fontana Accident Kills Four Teens

On Sunday at about 1:00 a.m., a horrific, solo car accident in Fontana resulted in the deaths of four teenagers.  According to a story published in the Press Enterprise, the four victims (including two sisters, ages 16 and 18) were riding in a Chrysler Sebring when the driver apparently lost control and struck a train trestle at Foothill Boulevard and Lime Street .  All four of the teens were residents of Fontana.  The Chrysler caught fire as a result of the impact.  The Fontana Police Department is still investigating the accident.

See the Press Enterprise story HERE.

From a Google maps aerial view of the crash site, it appears the area is relatively straight and flat.  However, Foothill Boulevard does go downhill as it passes under a bike trail and the train trestle.  It is not known what caused the driver of the Chrysler to lose control, but speed is often a contributing factor in crashes like this.  Additionally, when a downhill is combined with an already high speed, the result may be a loss of control, as gravity and inertia affect a driver's ability to steer their vehicle.   It is highly likely, given the tragic nature of this accident, that the Fontana Police Department will undertake a complete accident reconstruction to determine the most likely cause.

Compensation for the victims of automobile accidents caused by a careless driver should be an important concern for all Californians. When a driver operates their vehicle in such a manner to cause a serious or fatal accident, they should be held accountable.  An Orange County auto 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 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 Orange County motor vehicle 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.

Tragic Accident Near Glen Avon Claims The Lives of Two Children

After a tire apparently blew out, an SUV carrying eight passengers rolled several times on the eastbound lanes of Highway 60 in Glen Avon yesterday morning.  Citing official CHP sources, the Press Enterprise reported that the majority of the passengers were not properly seatbelted at the time of accident.  The passengers were apparently coming from Los Angeles and heading to a Fourth of July outing at Lake Perris in Riverside County.  The early investigation showed the vehicle, a Mitsubishi Montero, rolled at about 9:45 a.m. after an apparent tire blowout near Pyrite Street.  The vehicle was reportedly carrying three adults and five children.  Two of the children, ages 6 and 14, were pronounced dead at the scene, and the remaining six victims were transported to local hospitals for treatment of injuries ranging from minor to severe.

See the Press Enterprise story HERE.

This tragic accident is still under investigation by the CHP, and it is far too early to identify a definitive cause.  However, it appears witnesses reported a tire on the Montero blew out before the rollover accident.   Assuming this to be true, it will be important for those investigating the accident to determine whether the blowout resulted from striking an object in the road, a product defect in the tire,  inadequate tire pressure or a combination of some or all of these factors.  Additionally, the driver's reaction to the sudden deflation of the tire will determine whether human error contributed to the severity of the accident.  Important elements of accident reconstruction and human factors will need to be evaluated in order to best determine how and why this horrific accident occurred.

Compensation for victims of accidents caused by a defective product, should be an important concern for all Californians.  When a consumer is injured or killed because of an unsafe product, including a vehicle tire, the manufacturer should be held accountable.  An Orange County product liability lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling 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 an accident involving the failure of a defective product?

• 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.

Head-On Collision Near Hesperia Kills Two

Early this morning a tragic head-on collisoin in the high desert killed two motorists.  The Press Enterprise reported that a 34-year-old driver from Phelan drove into the on-coming lane of traffic and collided head-on with a pick-up truck.  The driver of the truck, a 49-year-old woman from Wrightwood was killed instantly, as was the driver of the Honda Accord.   The accident reportedly happened at about 1:30 a.m. along Phelan Road, just east of Shasta Road, in the community of Baldy Mesa, west of Hesperia.  The names of the drivers are being withheld pending notification of relatives.

See the Press Enterprise story HERE.

Fault for the accident has yet to be determined by the investigating police agency.  However, the scene of the accident is a relatively flat, open area of roadway, at least from the images on Google maps.  It is therefore difficult to understand why the Phelan driver reportedly crossed into oncoming traffic, leading to the fatal, head-on collision.  Given the time the accident occurred, it seems a logical inference that the accident could have occurred because of driver fatigue.  According to the U.S. National Highway Traffic Safety Administration (NHTSA), drowsy driving is a serious problem that leads to thousands of automobile crashes each year.  A typical crash related to sleepiness has the following characteristics:

• The problem occurs during late night/ early morning or midafternoon.
• The crash is likely to be serious.
• A single vehicle leaves the roadway.
• The crash occurs on a high-speed road.
• The driver does not attempt to avoid a crash.
• The driver is alone in the vehicle.

The accident above appears to have a number of these characteristics: the accident was serious, the Phelan driver was alone and the crash occurred on a high speed road.  A forensic investigation will likely reveal whether this horrific accident was caused by driver fatigue.

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

Have you or a loved one been injured in an automobile accident involving a fatigued or negligent 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.