Three Women Killed In Glendora Accident On 57 Freeway

Three women were killed early today when the driver of a Wal-Mart tractor-trailer apparently rear-ended a slow moving Nissan pickup truck on the 57 Freeway in Glendora.  Fox news, citing offical sources, has reported the accident occurred at about 3 a.m. on the southbound freeway near Auto Center Drive.  The pickup truck was described as having slowed to around 5 miles per hour for some sort of mechanical problem.  The impact was so severe it ruptured the pickup truck's gas tank, and the vehicle burst into flames with three female passengers still inside.  All of  the victims, ranging in ages from 47 to 62, were pronounced dead at the scene of this horrific tragedy.

See the Fox news story HERE.

The precise cause or causes of this very sad accident will likely be determined by a detailed accident investigation and reconstruction.  Given the time of the accident, it will be important to determine whether the pickup truck had lights operating at the time and whether the Wal-Mart driver was using his headlights.  Skid marks and witness statements will likely aid in determining the speed of the two vehicles just before the collision.

Another issue that comes to mind in an early morning collision like this is 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 Wal-Mart driver was alone and the crash occurred on a high speed road.  A detailed, forensic investigation will likely reveal whether this horrific accident was caused by driver fatigue.

Compensation for the victims of truck 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.

Truck Versus Train Accident Leaves Six Dead And Many More Injured

A Nevada trucking company vehicle reportedly crashed through crossing gates and into an Amtrak train on Friday, June 24th.  According to news reports, the the train was en route from Chicago to Emeryville, California when the accident occurred in Churchill County, Nevada.  The train was apparently carrying approximately 200 passengers Friday morning when the big rig plowed into one of its cars, killing the driver and five people on the train, as well as injuring about one hundred others.  A driver working for John Davis Trucking Co. of Battle Mountain was at the wheel of the tractor-trialer combination when the accident occurred.

See the Associate Press/MSNBC report HERE.

According to the news reports, the train was traveling at about 78 miles pert hour when the accident happened.  While it may take weeks, if not months, to determine the crash, initial news reports suggest the crossing gates and signals were operating correctly at the time of the collision.  Since the accident occurred at about 11:25 a.m. and visibility was described as clear, it is easy to imagine that driver inattention or fatigue could have caused this accident.  However, it is also possible the driver had some sort of medical condition that prevented him from reacting to the gates and presence of the train in time to avoid the accident.  Obviously, the faster the big rig was traveling the less time the driver would have had to perceive and react to the situation ahead of him.  There was a report that 320 feet of skids were left by the truck at the scene, but it was not clear if those were skids leading up to the point of impact or those from the big rig being dragged some distance by the speeding train.  In any event, it does not appear the Amtrak train would have had sufficient opportunity to avoid this collision, given its speed and the reported conduct of the truck driver.

Compensation for victims of truck driving accidents, caused by a driver’s negligence, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and strikes a another vehicle, especially one carrying a large number of passengers, they should be held accountable.  An Orange County trial lawyer with experience at handling truck accident 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 loved one been injured in a truck 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.

Sexual Harassment - Retaliation Claims

In a recent appellate decision from the California First District Court of Appeals, the court held that an employer could be held liable for retaliatory action taken by co-workers and not the company itself.   In deciding the issue in favor of the alleged victim, the appellate court agreed that an employer may be found to have engaged in an adverse employment action, and thus liable for retaliation, by permitting fellow employees to punish him or her for invoking their rights.  In other words, the court held that an employer may be held liable for coworker retaliatory conduct if the employer knew or should have known of coworker retaliatory conduct and either participated and encouraged the conduct, or failed to take reasonable actions to end the retaliatory conduct. (Kelley v. The Conco Cos. ( 2011) Cal. App. LEXIS 690)

In general, under the law in California, it is an unlawful employment practice for an employer to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under the sexual harassment statute, Government Code Section 12940.  Typically, in order to establish a case of retaliation under the Fair Employment and Housing Act (FEHA), a plaintiff must show (1) he or she engaged in a protected activity, (2) the employer subjected the employee to an adverse employment action, and (3) a causal link existed between the protected activity and the employer’s action.  Once an employee establishes this, the employer is required to offer a legitimate, nonretaliatory reason for the adverse employment action.  If the employer produces evidence of a legitimate reason for the adverse employment action, the presumption of retaliation ‘“‘drops out of the picture,’”’ and the burden shifts back to the employee to prove intentional retaliation.  The ruling above focuses on the second prong, the adverse employment action, and it allows the plaintiff to establish the case if the employer was or should have been aware of retaliatory conduct and participated, encouraged or failed failed to stop it.

Compensation for victims of sexual harassment and discrimination should be an important concern for all Californians.  When someone complains of sexual harassment and other employees retaliate, the employer should be held liable if they knew or should have known this was occurring and failed to take remedial action.  An Orange County 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 personal injury and sexual harassment cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual harassment or discrimination?

• 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.

Elderly San Diego Woman Badly Mauled By Neighbor's Pit Bulls

A 75 year-old woman from San Diego, Emako Mendoza, was reportedly attacked by her neighbor's pit bulls on Saturday while outside getting her morning newspaper.   According to an ABC news report, Mendoza was taken to Scripps Mercy Hospital in serious condition following the attack.  She apparently suffered injuries to her body, arms and legs.  According to the report, the pit bulls, which belonged to a neighbor, got into the victim's yard through a hole in the fence.   Mendoza's husband, James Mendoza, said his wife may lose her leg and may lose an arm.  The dogs have been euthanized.

See the ABC story and photo HERE.

Once again, a pit bull attack takes center stage in the news.  Unfortunately, when such a dog bites someone the injuries are often devastating, especially when compared to other dog attacks.  This breed of dog is known for latching on to its victim and not letting go until flesh and underlying tissue are badly torn.  In the case above, that is apparently what happened, and it remains to be seen whether Mendoza's limbs can be saved.   Presumably, every effort will be made to save her from an amputation, and doctors may have to perform multiple procedures in order to maintain the viability of the victim's arm and leg.  No one, especially not an elderly woman simply picking up her morning paper, should have to suffer such a life-altering tragedy through no fault of her own.  The owners of these pit bulls, absent extraordinary circumstances, will likely be held liable for the injuries and damages caused by their animals.

Compensation for the victims of vicious dog attacks should be an important concern for all Californians.  When a victim is attacked and seriously injured, the dog’s owner should be held accountable for all of the injuries and damages sustained.  An Orange County personal injury attorney with experience at handling such dog bite cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

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

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

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.

Suspected Drunk Driver Injures 11 Cyclists

A suspected drunk driver ran into a large group of cyclists this morning, injuring eleven, two critically.  KTLA news reported the early morning accident happened just before 2 a.m. near Culver City, along Jefferson Boulevard at Hetzler Road in Baldwin Village.  The suspect, identified as 27-year old Christine Dahab, reportedly drove into a large group of cyclists, after revving her engine and jumping a curb.  The group of riders, numbering approximately seventy to one hundred, are believed to be part of Midnight Ridazz, who generally ride in a large group every Wednesday night.

See the full KTLA news story and video HERE.

If the issue of intoxication were not enough, there were also witness reports that Dahab may have been using a cell phone at the time of the accident.  This horrible accident is a stark reminder of what carnage a careless or intoxicated driver can do behind the wheel of a two-ton vehicle.  Bicyclists have just as much right to utilize public roadways as the operator of a motor vehicle.  Unfortunately, when a driver acts recklessly behind the wheel of a car the consequences for a cyclist can be devastating.  Had Dahab run her vehicle into another car, the consequences would likely have been much less devastating.
The cause of this particular accident is likely still under investigation, and it remains to be seen what issues of visibility, if any, may play a role in assessing overall responsibility for the accident.  Under the law in California, when a cyclists rides on the street at night, they must have the following equipment:

(1) A lamp emitting a white light that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle.
(2) A red reflector on the rear that shall be visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.
(3) A white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a distance of 200 feet.
(4) A white or yellow reflector on each side forward of the center of the bicycle, and a white or red reflector on each side to the rear of the center of the bicycle, except that bicycles that are equipped with reflectorized tires on the front and the rear need not be equipped with these side reflectors.

Conceivably, whether the cyclists involved in this accident complied with the law above could be raised as a defense by Dahab.  If she proves to have been grossly intoxicated at the time of the accident, such a defense may not be very compelling.

Compensation for the victims of motor vehicle versus bicycle accidents should be an important concern for all Californians.  When a driver negligently or recklessly operates their vehicle, they should be held accountable for the injuries, damages and devastation they leave behind.  An Orange County injury 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 been injured in a 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.