Distracted Teen Driver Killed in Grand Terrace Collision

A teenaged driver was killed early on Friday when she crashed her car into a pine tree in Riverside County.  According to the Press Enterprise, the collision happened at about 12:15 a.m. when a 19-year-old woman from Rialto was apparently distracted while arguing with a passenger in her car.  Citing official sources, the Press Enterprise identified a back seat passenger as 19-year-old George Poma of Grand Terrace.  According to the other passenger, Jenae Reliford of Colton, Poma and the driver were arguing just before the driver crossed into oncoming traffic and hit a tree near the intersection of Barton Road and Preston Street in Grand Terrace.   The vehicle was traveling between 50 and 60 mph when the crash occurred, and the driver and Poma were apparently not wearing seatbelts.  Poma and Reliford were both hospitalized. 

Distracted Teen Drivers

Distracted driving accounts for an enormous number of accidents and tragic deaths every year.  According to the Centers for Disease Control and Prevention, in 2011 more than 3,300 people were killed in crashes involving a distracted driver, and another 387,000 were injured.  In 2010, a distraction was reported as a cause of 18% of all crashes in which someone was injured.  The number of crashes involving driver distraction has been climbing along with the number of text messages sent in this country.  "Cognitive" distraction is particularly dangerous for younger drivers since they already represent a significantly higher accident danger when compared to other age groups, according to the CDC.  Assuming that the report above is correct and the unidentified driver was distracted by the argument she was having with the back seat passenger, this is but another example of a tragedy that could have been avoided, simply by the driver's commitment to operating her vehicle safely instead of focusing attention elsewhere.  This is to say nothing of the fact that two people in the car, one of whom died, were not wearing their seat belts.

Seat Belt Use

What makes the accident above all the more tragic is that its happening was probably preventable, and the loss of life and extent of the injuries suffered may have been avoidable if everyone in the car was wearing a seat belt.  It is sadly true that the highest risk group for getting into accidents, teen drivers, are also the same group who use their seat belts the least when compared to other age groups.  According to the National Highway Traffic Safety Administration, teens buckle up far less frequently than adults do.  In fact, in 2009 the majority (56%) of young people 16 to 20 years old involved in fatal crashes were unbuckled.  Nothing could be more heartbreaking to a parent than to lose a child in an accident, especially when the death could have been so easily prevented.

If you have been seriously injured or a loved one has been killed in an accident involving a distracted driver, contacting an Orange County auto accident attorney is likely the best first step toward holding the responsible party responsible.  Nothing can undo the physical and emotional harm done, but our civil justice system was intended to hold people accountable accountable for their actions and to ensure those harmed are compensated.

SOURCE:  GRAND TERRACE: Driver killed in crash while arguing, the Press Enterprise, June 29, 2013, by Brian Rokos

Fatal Accident in Muscoy Involves Suspected Drunk Driver

Last Thursday, a head-on collision involving a suspected drunk driver in Muscoy (a small town in San Bernardino County) took two young lives who were riding in the same car.  According to the Press Enterprise, the crash occurred at about 10:00 p.m. on Cajon Boulevard, just south of Fifth Avenue.  The two victims, Ismael Ramires Mejia, 26, and his 19-year-old passenger, Lauriano Mejia Ramirez, were traveling southbound in a Nissan Maxima when their vehicle was struck by a northbound Dodge pickup truck.  The driver of the truck, 36-year-old Felix Roman Nava, has been arrested for investigation of drunken driving and vehicular manslaughter.  

Drunk Driving Statistics

According to the National Highway Traffic Safety Administration, more than 10,000 people die each year in accidents involving an alcohol-impaired driver.  That equates to one person being killed by a drunk driver every 51 minutes.  Not too surprisingly, given these numbers, an estimated 4 million adults reported driving while impaired in 2010.  According to the United States Department of Transportation, in spite of the still shocking numbers, there have actually been fewer and fewer alcohol-related fatal accidents in the last three years.  Accidents like the one above, however, are a shocking reminder that we still have a long way to go in terms of preventing these senseless tragedies.

Remedies for Those Impacted

When an drunk driver causes an injury-accident, the victims have a number of civil remedies available to them.  While the criminal justice system will take care of punishing the offenders, the civil justice system is available to compensate (to the extent possible) the victims and their families.  Personal injury and wrongful death lawsuits are often the only way someone victimized by a drunk driver will have a chance to get their life back on track.  Monetary compensation can at least take the financial burden off of the victims, and place it where it belongs, on the drunk driver.

If you have been injured or a family member has been killed by a drunk driver, contacting a personal injury attorney who handles such cases is an important first step toward obtaining compensation.

SOURCE:  MUSCOY: Motorist jailed in DUI wreck that killed 2, the Press Enterprise, June 24, 2013, by Richard Brooks

Fullerton Bicyclist Killed in Collision with Truck

Thursday afternoon a female bicyclist was killed in an accident with a FeEx truck at an intersection in Fullerton.  According to KABC News , the accident happened at 2:18 p.m. at the intersection of Nutwood Avenue and Ladera Vista Drive.  The victim, described as a young woman who appeared to be in her 20s, was apparently traveling eastbound on Nutwood at the time of the accident.  The FedEx driver was reportedly turning left onto Nutwood from northbound Ladera Vista when the collision occurred.   Paramedics who responded pronounced the victim dead at the scene.   The precise cause of this tragic accident is still under investigation, and anyone with information should call the Fullerton Police Department at (714) 738-6813.

The Cause and Scene of the Accident

The intersection where the above accident happened is in the middle of a residential neighborhood. The corner is a unique configuration without the usual 90 degree angles.  It's not clear how the accident happened or whether the layout of the intersection somehow contributed to this tragic accident.  Given the location of the limit line for northbound Ladera Vista traffic, it seems possible the driver of the FedEx truck could have had a difficult time seeing a bicyclist heading eastbound on Nutwood. There are two trees on Nutwood that could have blocked the driver from seeing the bicyclist.  A careful reconstruction of the accident should reveal whether the driver's line of sight was impaired in some way.

Is This a Case Involving an Apportionment of Fault

Accidents like the one above often involve an apportionment of responsibility.  In general, when a driver and a bicyclist collide, the driver will often contest responsibility based on the fact they were unable to see the cyclist until it was too late to take evasive action.  The bicyclist will often contend their right-of-way was violated by the driver.  It is not uncommon for there to be some truth to both positions, and the driver and the cyclist will share the responsibility for the collision.  The question as to which party will bear the greater fault is often a question resolved by way of expert testimony.  Experts are often retained by the parties to reconstruct how and why the accident happened, and it is their testimony upon which juries often rely.

If you have been seriously injured or a family member has been killed in a bicycle accident, contacting an Orange County injury attorney for a free consultation is perhaps the best way to find out about your rights to compensation.

SOURCE:  Fullerton bicyclist struck, killed by FedEx truck, KABC News, June 20, 2013, Orange County News

Minor Injury Accidents and Insurance Bad Faith

Late last night the diver of a Lexus traveling westbound on the 91 Freeway escaped serious injuries when a big rig trailer toppled over on their car.  According to KNBC News, the accident happened near State College Boulevard in Anaheim at about 11:30 p.m.  The trailer was carrying roughly 32,000 pounds of alfalfa when the accident occurred.  The dramatic photo of the accident scene shows just how lucky the driver was to survive the crash.  The truck driver was uninjured.

Cause of the Crash

While the precise cause of the crash has not yet been released, the law generally requires that truck drivers carry loads that are safe and do not present a hazard to the public.  For example, the Federal Code of Regulations requires truck drivers to ensure the loads they are carrying are safe from shifting or falling (Code of Federal Regulations, Title 49, §393.100).  In the case above, it is possible the 32,000-pound load shifted during a turning maneuver, causing the trailer to topple over on the Lexus.  It is unknown, however, what role, if any, the car's driver had in the happening of the accident.

Insurance Issues With "Minor-Injury" Accidents

The approach insurance carriers have taken over the years toward "minor injury" accidents has changed, and not for the better.  This new and more "stingy" approach has likely increased the number of lawsuits filed within the State of California.  The insurers now typically offer less compensation to victims which leads to a greater likelihood a lawsuit will have to be filed to resolve the claim.  Aside from court congestion, this also creates a potential problem for people trusting their insurance company to protect them.  For example, with the internet accessibility of court records now, anyone sued in relation to an automobile accident will have their name listed on a court's website.  Prospective and current employers, creditors and prospective creditors can now access this information, which could prove very harmful to those people the insurance companies are paid to protect, their policy holders.  Should an insurance company's bad faith approach lead to their policy holder's lost job or loan opportunity?

SOURCE:  Driver Rescued From Lexus With Big Rig Trailer on Roof, NBC News, Southern California, January 20, 2013, by Jonathan Lloyd

Motorcycle Rider in Long Beach Crashes Into Minivan, Killing Two

A motorcycle rider and a woman driving a minivan were killed in an early morning accident yesterday in Long Beach.  According to the Press Telegram, the motorcyclist was speeding away from a CHP officer when the accident occurred.  The collision happened just after 6:00 a.m. at Wardlow Road and Norwalk Boulevard.  The rider, identified as 23-year-old Frank Aldana Escalante, was apparently traveling at a high rate of speed when the impact occurred, as the crash was enough to send the minivan rolling over several times.  The woman in the van, identified as Marianne Krone, 65, was alone in her vehicle at the time of the crash.  Citing official sources, the Press Telegram reported that Escalante had been chased on the southbound 605 Freeway at speeds up to 100 mph.  The pursuit was abandoned when Escalante left the freeway, and the crash occurred a short time later. 

Liability of the Police For the Accident

Generally, a police department is not liable when someone they are attempting to arrest flees and causes a motor vehicle collision.  In California, under Government Code § 845.8, subd. (b), neither a public entity nor a public employee is liable for any injury caused by an escaping or escaped arrested person or a person resisting arrest.  The statute immunizes public entities and employees from the entire spectrum of potential claims caused by people who are actually or about to be deprived of their freedom, and who take physical measures of one kind or another to avoid the constraint or to escape from it.  However, where an officer drives recklessly during an emergency situation, there may still be liability on the part of the public entity and the employee.  

Liability of Motorcycle Rider

In the case above, assuming the accuracy of the facts reported by the Press Telegram, Escalante (actually his insurance carrier) would be liable for the death of Krone, who apparently had no role in the happening of this accident.  Clearly, fleeing the police and riding a bike at roughly 100 mph is negligent, and perhaps more accurately, reckless.  It seems likely that excessive speed was a factor in this fatal crash, especially since the force of the motorcycle's impact with the van was enough to flip the van over several times.  The surviving family members of Krone have the legal right to bring a wrongful death action against Escalante's insurance carrier, assuming that he had one.  If not, then the family would still be entitled to pursue a claim via their own automobile insurance policy under what is called the "uninsured motorist provision."

If you have been seriously injured or a loved one has been killed by a reckless driver, or motorcycle rider, then a free consultation with an injury attorney may be the first step toward obtaining fair compensation for the injuries and losses sustained.

SOURCE:  Long Beach crash that killed 2 involved motorcyclist allegedly speeding away from CHP (updated),  Long Beach Press Telegram, June 18, 2013, by City News Service

Eight Vehicle Collision on Northbound 14 Freeway Results in Twelve Injured

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

Area of The Accident and Its Cause

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

Insurance Coverage and Limits on Coverage

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

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

Pico Rivera Crash Leaves Three Dead Near 605 Freeway

Last night at about 8:30 p.m., a Honda Civic carrying five people apparently went out of control and crashed into a Nissan Sentra in Pico Rivera, resulting in three fatalities.  According to KTLA News, the accident happened on San Gabriel River Parkway near the intersection of Rose Hills Road.  The driver of the northbound Honda was killed immediately, and three backseat passengers, all children, were ejected and two of them died.  The third is in critical condition.  The front seat passenger in the Civic was taken to the hospital in critical condition, and the two occupants of the Nissan were hospitalized in serious condition.  It is unknown why the Honda went out of control, and the accident is still under investigation.

Cause of This Tragic Accident

While it is unknown what exactly caused the Honda's driver to lose control, there are indications from authorities that the vehicle was traveling at a high rate of speed before the crash.  Given the devastation at the scene of the crash, it is easy to believe this was indeed a high-speed collision.  Even more tragic than the apparent senselessness of this horrific collision is the fact that three children were in the back seat of the Honda, and they were ejected from the vehicle.  It is unknown whether they were wearing seatbelts or whether, even if they were, they were old and large enough to be without a child seat.  

The Scene of the Accident

The area where this accident occurred is curved, somewhat sloped and it has only one traffic control device, a stop sign for northbound traffic.  While the accident cause is still under investigation, it seems possible the driver of the Honda ran the stop sign near the freeway onramp and struck the Nissan as it was attempting to turn left onto the freeway.  The exact point of impact will have to be determined in order to resolve this issue, and whether the configuration of the roadway somehow played a role in the accident.

If you have been injured or a loved has been killed in a traffic accident, a free consultation with an experienced injury attorney is a good way to find out about your right to compensation.

SOURCE:  Pico Rivera Crash Kills 3, Including 2 Children, KTLA News, June 14, 2013, by Kellan Connor