Rear-end Accident in Moreno Valley Proves Fatal for Bicyclist

Thursday afternoon a 56-year-old cyclist in Perris was rear-ended and killed while riding his bike on Perris Boulevard in Moreno Valley.  According to the Press Enterprise, the victim, Tracy Gage, was struck from behind by a Toyota while riding northbound and suffered major injuries.  He was pronounced dead at the scene.  The accident happened between Krameria Avenue and Northern Dancer Drive at about 3:40 p.m.  The driver of the car, 19-year-old Steven Gomez, was also heading the same direction on Perris Blvd. when the accident occurred.  Neither drugs nor alcohol appear to have been a factor in this tragic accident.  Anyone with information regarding the happening of the accident is urged to call the Moreno Valley Police Department Traffic Division at 951-486-6900 during regular business hours or 951-776-1099 after hours and on weekends.

Area of the Accident and Its Cause

The stretch of Perris Boulevard where the accident occurred is in a residential area.  The road is flat, straight and the speed limit is a somewhat surprising 50 miles per hour.  Any driver traveling through the area might reasonably expect to encounter a cyclist since there are so many homes nearby.  The speed limit, however, would seem to make the roadway particularly dangerous for someone on a bicycle who could not keep up with the flow of 50 mph traffic.  It is unknown why Gomez struck Gage, but it is possible he was not expecting to encounter a vehicle (the bike) traveling so much slower than traffic.  While this would appear to be a possibility, it certainly would not excuse this rear-end accident.

If you have been injured or a loved one killed in a bicycle accident, contacting an auto accident attorney may be the most important step toward finding out about your right to compensation for the injuries and damages sustained.
  
SOURCE:  MORENO VALLEY: Bicyclist killed by car is identified (UPDATE), The Press Enterprise, September 12, 2013, by Richard K. De Atley

Alleged Loss Prevention Misconduct in California Stores

A loss prevention agent for a Kohl's store in Riverside has been arrested for allegedly committing sexual assault.  According to KABC News, the 27-year-old employee was arrested Tuesday for allegedly offering to release a female suspect without calling authorities in exchange for sexual favors.  The loss prevention agent, Haison Ho, was taken into custody by the Riverside Police Department's Sexual Assault Unit.  The investigation is continuing, and the Riverside police are asking anyone with pertinent information to come forward.  If you have any information that may assist in the investigation you should contact the Riverside Police Department at 951-353-7100.

Liability for Loss Prevention Misconduct

In the case above, the victim of the sexual assault, if the allegations prove to be true, will have a meritorious civil claim against Ho for her injuries and damages.  However, under California law there will remain a significant question of whether Kohl's can be held civilly liable for their employee's actions.   In general, a business does owe a duty to protect their patrons from harm of third parties and even their own employees when the harm is "reasonably foreseeable".  Sexual assault is not typically the kind of misconduct a retailer would expect of their security employees, so it may have to be shown that Kohl's (assuming it employs Ho) was negligent in the hiring and/or supervision of Ho while working.  If Ho's employer had reason to believe he might harm a female subject in this manner then they could be held liable for hiring him in the first place or for failing to take reasonable steps to supervise him so as to prevent a sexual assault.  The law in this area is fairly complex, and there are a number of other factors that may determine whether Ho's employer will be held liable.

Other Loss Prevention News

In addition to the news story above, Home Depot recently made the news they were the focus of a class action lawsuit filed against them for the tactics of their loss prevention department and the law firm working for them.  According to Bloomberg Business Week, a California man, Jimin Chen, has sued the retailer after he was accused of stealing two pairs of work gloves while shopping at a Home Depot in San Leandro, California.  Thereafter, Chen received letters from a law firm apparently contracted by Home Depot demanding restitution under Penal Code Section 490.5 (c), which allows retailers to sue shoplifters for up to $500.00 (and more in some cases) for unlawfully taking merchandise from a store.  Chen's class action lawsuit alleges that he did not steal the gloves and that the collection practice of Home Depot (by and through their attorneys) is a calculated shakedown and an unfair business practice.
  
If you believe you have been the victim of misconduct by a security officer or loss prevention agent, contacting an experienced injury attorney is perhaps the best way to find out about your right to compensation. 

SOURCE:  Riverside Kohl's loss-prevention officer arrested for sexual assault, KABC News, Inland Empire News, September 12, 2013, 

Stranded Vehicle Accident in Redlands Results in Serious Injuries

A 51-year-old motorist was seriously injured yesterday when he was struck while standing behind his disabled vehicle on Southbound Alabama Street in Redlands.  According to the Press Enterprise, the the accident happened after the motorist had apparently run out of gas at about 4:00 p.m.  While standing behind his Ford pickup truck, the driver was hit by a Honda Accord, being driven by an 18-year-old from Diamond Bar.  The victim was rushed to Loma Linda University Medical Center where he is listed in serious condition. The precise cause of the accident is still under investigation.  Alcohol was apparently not involved.

Area of the Accident

The accident above appears to be a demonstration of a common problem: driver distraction.  Given that the accident happened at about 4:00p.m. it was certainly light outside, and there does not appear to be a reason for the driver of the Honda not to see the victim before the accident. However, there is a rise in the roadway on this portion of southbound Alabama which could impede a driver's ability to see cars ahead, until they are perhaps too close.  If the point of the impact is just over the rise as one is headed toward Industrial Park Lane, then the driver of the Honda may have at least some explanation for his inability to see the victim in sufficient time to avoid the accident.  In all likelihood, this would not be the sole cause of the accident.

Disabled or Stranded Vehicles

In the accident above, the driver of the Ford truck had apparently pulled over and stopped because he had run out of gas.  In that situation, assuming his vehicle was within a travel lane, he had an obligation to activate his emergency flashers or do something else to let other drivers know his vehicle was blocking the travel lane.  This assumes, of course, that he had the time to do this after the truck ran out of gas but before the collision occurred.  Any failure to comply with this Safe Driving Practice might well be considered negligence on the part of the truck driver.

If you or a loved one have been in an accident involving a stranded or stopped vehicle, consultation with an experienced auto accident attorney may help you understand your right to compensation for any injuries and damages suffered.

SOURCE:  REDLANDS: Man struck behind disabled vehicle, the Press Enterprise, September 11, 2013, by Darrell R. Santschi

Santiago Canyon Accident Leaves One Dead and Six Injured

Early Monday morning a two-car crash on Santiago Canyon in Orange County left a 16-year-old girl dead and six others injured. According to KTLA News, the crash occurred on East Santiago Canyon Road when the two vehicles were headed toward Silverado Canyon Road at about 1:45 a.m.   The girl killed in the accident, Marie Elizabeth Johnson, was reportedly not seat-belted and was ejected from one of the two Honda Civics traveling together before the crash.  The driver of the lead car hit his brakes hard after seeing a deer, and the driver of the second vehicle, identified as 19-year-old Antonio Escamilla, did likewise, leading to the accident. Escamilla has been arrested on felony DUI and manslaughter charges.  The condition of the six other people injured and hospitalized is currently unknown.

 Seat Belt Use Among Teens

Unfortunately, seat belt use among teens is much lower than the use among adults, according to the National Highway Traffic Safety Administration.  In 2009, more than half of the people ages 16 to 20 years old who were killed in traffic collisions were unbelted at the time.  What some people may think is that air bags provide sufficient protection, but the accident above is a tragic illustration why this is not the case.  While air bags may reduce body motion and impact with the interior during a collision, they do not prevent vehicle occupants from being ejected in a major collision.  The combination of using a seat belt and being protected by an airbag is what  most often saves lives.

Driving While Impaired

In the accident above, the driver of the car in which Johnson was riding has been arrested for driving while impaired.  In spite of all of the media attention given to drunk driving and national campaigns intended to curb the problem, more than 10,000 people died in alcohol-impaired driving crashes  in 2010, according to NHTSA.   As demonstrated by the tragic collision above, teens are at a far greater risk of death in an alcohol-related crash than the overall population.

If you or a loved one have been injured in an accident involving an impaired driver, seeking a consultation with an experienced injury attorney is perhaps the best way to find out about your right to compensation for the injuries and damages sustained. 

SOURCE:  Family, Classmates Mourn Teen Killed in Silverado Crash, KTLA News, September 10, 2013, by KTLA 5 Web Staff

Crash on 60 Freeway Leaves Two Seriously Burned

Late Friday morning a rear-end accident on the 60 Freeway near Riverside sent three people to the hospital, including two who suffered burn injuries in the fiery crash.  According to KTLA News, the collision occurred at about 10:15 a.m. in the eastbound lanes just west of Pedley Road when a 1993 Dodge pickup was struck from behind by a 2012 Lexus sedan, causing the truck to burst into a fireball.  The truck, being driven by a 44-year-old man, slowed for an unknown reason and was then hit by the Lexus, traveling between 65 and 75 miles per hour.   The passenger in the truck, a 29-year-old woman, was the worst injured, and she had to be airlifted to Arrowhead Regional Medical Center for critical burns.  The truck's driver also suffered burn injuries and was transported to Riverside Community Hospital.  The driver of the Lexus, a 25-year-old woman, was also taken to RCH with unknown injuries.

Rear-end Accidents and Legal Presumptions

Under California law, the fact that a driver of a vehicle does run down the vehicle ahead of him furnishes some evidence that he either was driving too fast, or that he was following too closely the vehicle ahead of him.  In a rear-end accident, the party in the front vehicle is legally entitled to a jury instruction on the inference of the defendant's negligence under the doctrine of "res ipsa loquitur", which essentially means the accident would not have happened absent negligence.   There is also a Vehicle Code provision (§ 21703) that states:  "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway."  However, there are also rules that apply to slowing or stopping on a roadway.  Perhaps most important is Section 22109 of the Vehicle Code which provides: "No person shall stop or suddenly decrease the speed of a vehicle on a highway without first giving an appropriate signal in the manner provided in this chapter to the driver of any vehicle immediately to the rear when there is opportunity to give the signal."

The Importance of Accident Reconstruction

While the driver of a rear-ending vehicle is likely to be found primarily at fault for most accidents, there are certain accident reconstruction issues that come into play, affecting the assessment of liability for the collision.  In the case above, it will be important to determine why the truck slowed, whether its brake lights were functioning and the speed it was traveling at the point of impact.  As for the Lexus, it was reportedly traveling at between 65 and 75 miles per hour just before the accident so it will be important to find out the freeway traffic conditions and whether the driver may have been driving while distracted or impaired.  All of these factors play a role in assigning and apportioning fault for the accident.

If you or a loved one has been injured in a rear-end accident, consultation with an auto accident attorney may help you better understand your rights and the compensation you may be entitled to under the law.

SOURCE:  Fiery Collision on the 60 Freeway Leaves 3 Injured, KTLA News, September 6, 2013, by Stephanie Case

Pedestrian Struck and Fatally Injured by Postal Vehicle

An elderly pedestrian was struck and killed by a post office truck near the City of Perris in Riverside County.  According to the Press Enterprise, this tragic accident happened at about 8:45 p.m. on Tuesday in the eastbound lanes of Highway 74 near Ellis Avenue.  The driver of the postal truck was reportedly traveling about 45 miles per hour when he prepared to make a lane change.  He looked to his right to make sure traffic was clear and when he looked back at the road the 79-year-old pedestrian was crossing the street right in front of him.  The victim died at the scene.

Location of the Accident

The stretch of Highway 74 where the accident took place is in what might be best described as a rural area, although there are several homes nearby.  The road is slightly curved, relatively flat, and there does not appear to be any obvious obstruction that would prevent a driver from noticing a pedestrian standing on the shoulder or sidewalk.  There does no, however, appear to be much, if any, street lighting in the area that would help a driver spot someone crossing the road.

Accident Reconstruction Issues

According to the news report, the driver said he was traveling about 45 miles per hour just prior to noticing the pedestrian in the roadway.  In accidents such as this, it is important to pin down the other variables, such as point of impact, skid marks, lighting, etc., in order to fairly reconstruct the accident so as to determine fault.  For example, the farther the pedestrian was into the roadway, the longer the period of time the driver would have had to "see, perceive and react" to the situation.  Regardless of the street lighting, a prudent driver should be using their headlights at 8:45 p.m.  Those headlights should illuminate the road sufficiently to see potential hazards for at least 100 feet, perhaps enough distance and time to avoid an accident.

If you or a loved one has been involved in a pedestrian accident, contacting an Orange County auto accident attorney is perhaps the best way to find out about your right to compensation.

SOURCE:  PERRIS: Postal truck struck, killed 79-year-old pedestrian, the Press Enterprise, September 4, 2013, by Richard Brooks

Bus Accident Near Temecula Injures 10

Ten people were injured on Sunday night when their tour bus crashed near Temecula.  According to the Press Enterprise, the accident  happened  at about 10:30 p.m. while the bus was transporting gamblers from the L.A. area to a casino in San Diego County.  The driver apparently reported that his brakes failed as he was rounding a curve on Pala-Temecula Road near Arouba Road.  The 10 injured, which included the driver, were taken to a hospital in Escondido.  The most serious injury was reportedly a head laceration.  According to the news report, drugs or alcohol do not appear to have been a factor in the crash.  

Scene of the Accident

The area of the accident is on a winding, rural road, and you can easily see how important having good brakes would be to a bus driver.  The speed limit in the area appears to be an un-posted 55 miles per hour, but it is hard to imagine a bus negotiating the turns at or near that speed.  While the bus driver reported a brake failure, it will take a detailed investigation and examination of the braking system to determine whether any failure of the brakes contributed to the accident.  In this type of accident, the speed of the vehicle at the time of the alleged failure will also be important to determine.  

Duty to Maintain Brakes

Under California law, there is a statutory duty to maintain a vehicle's brakes in good working order (California Vehicle Code, §§ 26453,26454), and it is generally no defense to a civil case to simply allege the driver had no notice of a brake defect before an accident.   Because a vehicle, especially a bus, with defective brakes poses a grave risk of serious bodily harm or death, the duty to exercise reasonable care to maintain brakes is not one a vehicle owner can assign to someone else.  This legal duty creates such an obligation on the part of the vehicle owner that it is extremely difficult for an owner to escape civil responsibility for a brake failure.  Assuming the brakes on the tour bus referenced above failed, the bus company will likely be held liable for all of the injuries and damages related to this accident.

If you have been injured or a loved one killed in a bus accident, contacting an Orange County injury attorney may be the best and most important step toward finding out about your rights to compensation.

SOURCE:  TEMECULA: 10 injured in tour bus crash, the Press Enterprise, September 2, 2013, by  Darrell R. Santschi