Tire Blow Out Apparently Causes Fatal Accident

A roll-over accident killed two Nevada women yesterday along Interstate 15 in the Mojave Desert town of Baker.  According to the Press Enterprise, citing official sources, the accident happened at approximately 11:30 a.m. in the town located midway between Barstow and Nevada.  The driver of the SUV involved, 37 year-old Claudia Qeuzada, and the rear seat passenger, 20-year-old Blanca Valenzuela, were pronounced dead at the scene, along the interstate's southbound lanes near Halloran Springs Road.  Other occupants of the vehicle were hospitalized after the crash.  According to witnesses, it appeared that the right rear tire blew, causing the SUV to veer off the roadway and roll multiple times.  The California Highway Patrol is still investigating the precise cause of the accident.

See the Press Enterprise story HERE.

Assuming that the witness reports are correct and the rear tire blew out just before the accident, it could be that this occurred because of a defect in the manufacture or design of the tire.  If there was a tread separation and blow out, then this accident may have caused, at least in part, by a dangerously defect product.  Other causes of a tire blow out include low air pressure which can cause the sidewall to split or striking an object in the roadway, which can lead to a weakened, bubbled area in the sidewall that will eventually fail.  In addition to these factors, the speed of the vehicle and the reaction of the driver must be taken into account.  Given the severity of this accident and the tragic consequences, it is likely the CHP's Multidisciplinary Accident Investigation Team (MAIT) will likely due a full investigation, which will include, among other things, a physical evidence analysis and mechanical inspection in order to determine the cause of the accident.

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 through no fault of his own because of a product defect, 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.

California Supreme Court Ruling Impacts Proof of Negligent Driving

Last week, the California Supreme Court reversed a 22.5 million dollar judgment against a defendant company for the negligent driving of their employee.  In that case, the plaintiff, Dawn Renae Diaz, suffered severe, permanent injuries when an out of control vehicle (driven by Karen Tagliaferri) flew over the center line of the roadway and crashed into plaintiff's car coming the opposite direction.  It was contended that Tagliaferri had been in somewhat of a "road rage" incident with the driver of the company truck, Jose Carcamo.  Diaz argued that Carcamo was negligent in that he caused or contributed to the Tagliaferri vehicle going out of control, by speeding, not checking his mirrors and/or by being in the wrong lane of travel.  The plaintiff further argued that Carcamo's employer, Sugar Transport of the Northwest, was negligent in their hiring and retention of Carcamo.  As proof of this point, Diaz offered evidence of Carcamo's questionable employment history and record of poor driving and accidents, even though Sugar Transport conceded at trial they would be vicariously liable for Carcamo's negligence, if any.  The Supreme Court reversed the judgment, holding that the evidence of poor driving and unrelated employment issues were essentially irrelevant because Sugar Transport had accepted responsibility for Carcamo's driving at the time of the accident.  The Court went on to hold that the evidence of Carcamo's prior accidents and other misconduct likely influenced the jury's decision.

In essence, the Supreme Court apparently felt it was unfair for the Plaintiff in the Diaz case to introduce evidence of Carcamo's and Sugar Transport's prior bad acts under the guise of proving a claim for negligent hiring and retention.  The evidence relative to the accident reportedly showed Tagliaferri was speeding when she changed lanes and clipped the front of the Sugar Transport truck, causing her to lose control.  The only theory against Carcamo/Sugar Transport in causing the accident was seemingly weak.  That theory, according to the Court, was unfairly propped up by the offering of very damaging facts relative to Carcamo's accident history and immigration status.  In California, pursuant to Evidence Code § 1101, evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion.  It appears the Supreme Court was of the impression the Plaintiff in the case above had essentially circumvented this rule by alleging and proving an unnecessary theory against Sugar Transport, in light of their willingness to accept responsibility for their employee.

Compensation for the victims of motor vehicle accidents caused by negligent driving or even road rage 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 an automobile accident caused by a negligent or reckless 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.

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.