Anaheim Hit-and-Run Leaves Bicyclist Critically Injured

Last night, just before midnight, a teenage bicyclist was struck on Harbor Boulevard and critically injured by a driver who fled the scene.  According to KABC News, the accident happened in the 900 block of Harbor near the intersection with La Palma Avenue.    The teen, identified only as a boy between 16 and 18 years old, was found face down in the street by a Good Samaritan, Angelina Lucero.  The boy remains in critical condition at UCI Medical Center in Orange.   No suspect and no vehicle have yet been identified in this hit-and-run crime, and anyone with information should immediately contact the Anaheim Police Department at (714) 765-1900.

Liability For This Accident

Regardless of how this accident happened, there is no excuse for a driver to critically injure someone (especially a young boy alone) and then leave the scene.  Typically, such actions reflect consciousness of guilt, and it can be fairly assumed the driver realized they had done something wrong.  The area where the accident happened is right by a school (Horace Mann Elementary) and a number of residences.  Anyone driving through that area should be well aware of the fact that pedestrians and bicyclists are often nearby and sometimes crossing the street.  As for lighting, since the accident happened at night, there are a number of street lights near the accident scene, which should have assisted the driver in seeing the victim prior to the impact.

Anaheim Accident History

The City of Anaheim ranks fairly high in terms of the number of accidents it has had in the past, according to the California Office of Traffic Safety.  In fact, as far as total injury and fatal accidents, Anaheim ranks fourth out of the thirteen cities measured with a population of more than 250,000 people.  In other words, only three cities were more dangerous in terms of the number of injury or fatal accidents.  Somewhat surprisingly, the city was much better statistically in terms of bicycle accidents than it was in most other accident categories measured.

    

If you or a loved one have been injured in a bicycle accident, contacting an Orange County auto accident attorney is likely the most important step toward obtaining compensation for the injuries and damages sustained.

SOURCE:  Teen bicyclist hospitalized after Anaheim hit-and-run; driver sought, KABC News, June 13, 2013, by Darsha Philips

MTA Driver Killed in Accident With Tow Truck

Early this morning a tow truck and bus collided at an intersection in Los Angeles, causing the death of the MTA driver.   According to KABC News, the preliminary investigation suggests the driver of the tow truck was speeding and ran a red light, before colliding with the bus.  The tow truck, driven by a 30-year-old male, caromed off of the bus and into a 7-Eleven store at 457 S. Broadway.  The bus driver, a 35-year-old female,  was taken from the scene to a local hospital in critical condition, where she later died.  The driver of the tow truck also suffered serious injuries in the accident, and an employee inside the convenience store sustained minor injuries.  

Liability For This Tragic Accident

While the full investigation into this horrific accident is far from complete, the preliminary impression of the law enforcement officials is that the driver of the tow truck was speeding at perhaps 60 miles per hour.  The area of the accident has a 30 mph speed limit.  Consequently, if the tow truck driver was both speeding and ran a red light, then liability against him and likely his employer would be established as a matter of law.  When someone violates a statute intended for safety reasons (such as laws having to do with speeding and red light violations), then that person is found liable for "negligence per se."  In other words, what was done is something no reasonable person would do in that situation.  In the case above, it is easy to see that no reasonable person would drive 60 mph in a 30 mph zone and then run a red light.

Responsibility of The Tow Truck Driver's Employer

Assuming that the tow truck operator was at fault, the next question in a civil case would be whether he was in the "course and scope" of his employment at the time.  It is unknown whether the driver was on his way to perform services for his employer or whether he was simply on his way to his usual workplace.  In California, if an employer asks their employee to run a special errand (as opposed to simply driving to their usual office or workplace), then the travel to and from the errand location is considered within the driver's course and scope of employment.  Simply driving to and from work is generally not within the scope of employment.

If you have been injured or a loved one has been killed by a careless driver, contacting an auto/bus accident attorney is an important first step toward obtaining compensation for injuries and other losses suffered.

SOURCE:  MTA bus driver killed in downtown LA crash involving tow truck, KABC News, June 12, 2013, by John Gregory

OC Hospitals See Downward Trend in Report

Nearly a third of California’s hospitals had worse in-patient death rates for various procedures and conditions than the statewide average during the two-year period, between 2010 and 2011, according to the Office of Statewide Health Planning and Development.  

The report, released on Monday, documents Inpatient Mortality Indicators (IMIs) for California hospitals in an effort to improve the quality of patient care and to help consumers make more informed healthcare decisions, among other reasons.  Interestingly, Orange County Hospitals fared pretty well in the 2010-2011 study.

Orange County Hospital Ratings

In the 2011 report from the OSHPD, Orange County hospitals received seven "Better" ratings and only three "Worse" ratings than the Statewide averages for the particular procedure performed or condition treated.  While this would seem to be a solid performance for 2011, the ratings of Orange County hospitals in 2010 were actually better.  In fact, in 2010 Orange County facilities received fourteen "Better" ratings and only three "Worse" ratings.  It is unknown whether this downward trend is a reflection of a drop in the quality of care or simply a statistically insignificant change.  

Medical Malpractice in Orange County

In spite of the number of patient injuries and deaths documented in Orange County each year, very few patients or their families are actually compensated for their losses.  Malpractice lawsuits in this county rarely result in a verdict in favor of the patient, and doctors/hospitals prevail the vast majority of the time.  Unfortunately, juries tend to favor doctors, and that bias translates into defense verdicts and physicians being held accountable for their mistakes only a small percentage of the time.  

If you or a loved one has been injured by what you believe is medical neglect, contacting an Orange County malpractice attorney is likely the best, first step toward determining whether you have a valid case.

SOURCE:  AHRQ - Inpatient Quality Indicators (IQIs), Hospital Inpatient Mortality Indicators for California, 2010 and 2011, Office of Statewide Health Panning and Development, June 10, 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

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

Trailer Accident in San Diego Critically Injures 4-Year-Old

On Sunday afternoon , a man driving a Nissan pickup and pulling a watercraft trailer apparently lost control and struck a guardrail in San Diego.  According to KTLA news, the Nissan flipped over and then came to rest on its side.  The driver of the truck, 40-year-old Angelo Fabiani Arroyo, unfastened his son's safety belt, and the 4-year-old boy fell 10 feet to the ground.  Arroyo ran from the scene, and other motorists took care of the child until emergency personnel arrived.  The boy sustained major head trauma and was in critical condition at Rady Children's Hospital.  Anyone with information concerning the location of Arroyo has been asked to call the CHP at (619) 220-5492.

Cause of This Accident and Trailer Safety

While the precise cause of the accident above is unknown, some witnesses apparently indicated that the Arroyo vehicle simply drifted to the right of the roadway and into a guardrail for some unknown reason.  This could be a reflection of driver inattention, distraction or impairment.  However, accidents involving vehicles pulling trailers are fairly common and certain safety precautions should be taken before and while pulling a trailer, according to the California Department of Motor Vehicles.  Trailer-related tragedies are not unique, and they are often reported in the news media.

Fleeing the Scene of An Accident

As mentioned in the KTLA story, Arroyo fled the scene of this tragic accident after he apparently unbuckled his son, causing him to fall 10 feet to the ground.  Arroyo's flight could have been from the shock of the situation or because of his consciousness of guilt for having caused the accident or his son's fall, or both.  It is impossible to fathom what would cause a father to leave their badly injured child laying in the middle of a freeway.  Putting aside the inhumanity, fleeing the scene of an injury accident in California is actually a crime, and Arroyo is likely to have to answer for that and the injuries to his son.

If you or a loved one have been injured in an auto accident caused by someone else's negligence, contacting an injury attorney should be the first step to obtaining compensation for the injuries and damages sustained.

SOURCE:  CHP Seeks Driver Who Fled Accident, Leaving Injured Child, KTLA News, June 3, 2013, by Kennedy Ryan