-  Jeff Rabb

Every driver has certain responsibilities when they decide to get behind the wheel to drive. Drivers have the duty to obey traffic signals, keep a proper lookout for pedestrians, keep a lookout for other vehicles, and maintain their vehicle in good working order. Basically, they have the duty to exercise reasonable care. These duties seem very simple and obvious, but people break these rules every day. When people ignore these basic rules, car accidents happen that can change someone’s life forever.

The two most common types of car accidents are rear-end accidents and left turn accidents.  A rear end accident occurs when one vehicle runs into the rear of another vehicle.  The vehicle that rear-ends someone is presumed to be at fault.  A left turn accident occurs when a driver turns left in front of another vehicle. Under that scenario, the driver that turned left is presumed to be at fault.  When someone is presumed to be at fault, it means that they now have the burden of proving that they were not at fault.

With offices throughout the state, Dudley DeBosier Injury Lawyers represent individuals in Baton Rouge and throughout Louisiana who have been injured. If you or a loved one has been involved in an accident Baton Rouge or anywhere in Louisiana, contact the attorneys at Dudley DeBosier for a free consultation.

November 19, 2012—Long Beach, California—A Seal Beach resident and two others were killed in a car accident near the Long Beach Airport, according to a report in The Orange County Register.  The collision took place beneath the I-405 bridge on Redondo Avenue.

The driver, 36-year-old Mark Martineau, lost control on the rainy road and struck a portion of the bridge’s underpinning.  He was declared dead along with Richard McAleavey, 54, at the scene of the accident.  A third victim, Terrence Harris, 36, died a short time later at a local hospital.

Police believe the driver was speeding prior to the crash and are unsure if he was wearing a seat belt at the time of the accident.  The passengers were not using safety restraints either.  Police are asking for any witnesses to the accident to come forward.

My sincere condolences go out to the families of these three men.

Weather Conditions Play Small Part in Fatal Accidents

According to the Statewide Integrated Traffic Reporting System of the California Highway Patrol, rainy conditions prevailed in 122 of the 2,520 fatal accidents in California in 2010.  This means that only five percent of fatal accidents might have been caused by raining conditions.  421 fatalities, or 18 percent, of fatal accidents occurred during cloudy weather; three fatalities, or less than one percent, occurred during snow; 22, or about one percent, occurred during fog; and only one fatality occurred during windy conditions.  By far the majority of fatal accidents, 1,939 or 77 percent, occurred during perfectly clear conditions.

This is not to say that weather cannot contribute to car accidents.  However, it does not seem to be the prevailing factors in most collisions.

What Other Factors Contributed To This Accident?

If the driver was indeed speeding as the police suspect, the cause of the accident becomes more understandable.  At least 396 people died in 2010 in California accidents as a direct result of excessive speed.  Speed combined with rain-slicked roads could certainly contribute to an accident.

It is unclear at this point whether alcohol was involved.  While it is not out of the question, the police are usually quick to suspect alcohol involvement in an accident and have not, until now, made any mention of the possible use of alcohol by driver or passengers.

Liability Issues in This Accident

It is very likely that the families of the passengers who were killed have some claim to recover damages.  Although the passengers may not have been wearing seat belts that does not completely dismiss the family’s claim for payments due to wrongful death.  A Los Angeles personal injury attorney should examine the case and help the families collect these payments.

Frankie Jo Weaver, 62, of Cerritos, was killed in a San Bernardino car accident after her car's tire failed and the vehicle rolled over. According to a news report in The San Bernardino County Sun, the fatal rollover accident occurred as Weaver was driving west on the 40 Freeway near Newberry Road in Newberry Springs, the morning of November 12, 2012. Officials say the tread on one of the vehicle's back tires separated causing Weaver to lose control. The car overturned across the center divider. Weaver was pronounced dead at the scene.

My thoughts and prayers go out to the family members and friends of Frankie Jo Weaver for what they going through at this time. I offer them my heartfelt condolences.

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Isaac Cory Buchanan, 20, suffered major head injuries in a Rancho Cucamonga car accident after he was struck by an SUV at a street intersection while riding his skateboard. According to a news report in The Press-Enterprise, the major injury collision occurred at Palm Drive and 19th Street in Rancho Cucamonga on October 30, 2012. Police say Buchanan was riding south on Palm Drive when a Toyota SUV driven by a woman that was westbound on 19th Street, hit him. He suffered severe head trauma and was airlifted to an area hospital. The driver was transported to a hospital as well for treatment of chest pain. The investigation is ongoing.

My thoughts and prayers are with Isaac Cory Buchanan who sustained severe injuries in this crash. I wish him the very best for a speedy and complete recovery.

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September 27, 2012—Santa Ana, CA—A rear-end car accident in Santa Ana Wednesday afternoon left a police officer injured, according to the Orange County Register.

The officer was in a marked patrol car waiting for a red light about 5:45 p.m. at the corner of East 17^th and North Main Street in Santa Ana when he was hit by a vehicle from behind.  The officer suffered minor injuries and was transported to the hospital for treatment.  The other driver was not injured.  The driver was not arrested, but an investigation is still ongoing.

Our best wishes for a very speedy recovery go out for this officer and his family.

Rear-End Accidents Most Common

According to the National Highway Traffic Safety Administration, rear-end crashes are the most common type of two-car accidents.  Since about 45 percent of all accidents involve two vehicles, and 60 percent of those are rear-end accidents, these collisions make up over one million crashes annually.

Rear-end accidents tend to cause specific types of injuries, particularly whiplash.  Whiplash injuries affect the back and neck of victims who are thrown forward then backward by the impact of a rear-end crash.

Implications for A Police Officer Crash

Collisions involving police officers always seem a bit more complex than those between two private citizens, because police officers have a different level of duty to the public.  However, a police officer is entitled under California law to collect damages just like any other victim in a personal injury case if he or she is injured by a car accident or other careless behavior.  Many police officers do not file personal injury lawsuits due to pressure, however; departments sometimes do not like their officers to sue the public, and in some cases these officers may feel that their jobs are in jeopardy if they pursue a case.

Can This Officer Collect Damages?

The police officer is certain entitled to collect money for his medical treatment and may be entitled to a sum for pain and suffering.  The results of the investigation should determine whether the driver was under the influence of drugs or alcohol, which can also have an impact on the amount of damages the police officer would receive.

A professional Orange County car accident attorney should examine the case and determine the best way to collect damages for this collision as well as preserve the victim's rights.

September 25, 2012--Riverside, CA—A 7-year-old suffered serious head injury in an accident between a Razor-type scooter and a pickup truck on Friday, the Press Enterprise reports.  The pedestrian accident took place around 5:00 p.m. on September 21.

The young girl allegedly hit the side of a pickup while riding her scooter on Climbing Rose Drive near Scarlet Sage Way, according to Riverside County sheriff’s officials.  She was not wearing a helmet at the time of the accident, and was taken to a local hospital with critical injuries.  No one in the pickup truck was injured.

Authorities have called in the Moreno Valley Traffic Accident Reconstruction Team to study the evidence from the crash.  Anyone with information is asked to contact the Moreno Valley Sheriff’s office.

My prayers and thoughts go out to this young victim and I hope she will have a speedy and full recovery.

Scooter and Skateboard Accidents Affect Youth

The United States Consumer Products Safety Commission estimates that about 15,000 people each year suffer head injuries on kick scooters and about 18,500 suffer head injuries from skateboards.  The majority of these accidents involve people who are not wearing helmets.  In fact, the Insurance Institute for Highway Safety estimates that 95 percent of fatalities for bicycles and other “pedi-cycle” devices occur with people who are not wearing helmets.

Clearly these figures have implications for youth, who are most likely to use Razor-type scooters, skateboards, and other wheeled conveyances, and who are least likely to wear helmets without parental supervision or intervention.  There seems to be a false sense of security attached to scooters and skateboards because children can keep one foot on the ground while operating them, but as this story shows, losing control of a scooter or skateboard can have effects as serious as those of losing control of a bicycle.

Will This Driver Be Charged?

The wording of the news story indicates that the authorities are not considering the driver to be at fault in this accident.  Therefore, it is unlikely, unless the accident investigation reveals new information, that the driver will be charged with criminal activity in this accident.

What About Liability?

Liability, however, is a different issue.  It is the responsibility of drivers under California law to avoid collisions with pedestrians.  A professional pedestrian accident attorney in Riverside should examine the facts of this case and determine if the girl’s family can collect damages to pay for her injuries.

September 11, 2012--Ontario, CA--Five people died in an Ontario car accident caused by a driver who ran a red light, according to ABC News sources.

The accident took place early Sunday morning when a Nissan Sentra traveling south on Haven Avenue ran a red light then spun out of control and hit a wall. The car ended up in a back yard on the west side of Haven. Four of the victims were pronounced dead at the scene and another occupant died later at the hospital.

The cause of the accident is still unknown. Anyone with information is asked to contact the Ontario Police Department.

My sincere condolences go out to the families of all the victims in this unfortunate accident.

Single-Car Accident Fatalities Higher At Night

According to the National Highway Traffic Safety Administration, more motorists die between the hours of 9:00 p.m. and 6:00 a.m. than at other times of day, and the number of intoxicated drivers involved in collision increases from 33 percent to 75 percent of the total number. This means that, statistically speaking, late night and early morning are dangerous times to drive simply because people are more likely to be engaging in behaviors that could lead to accidents.

What Happened In This Single-Car Crash?

While the investigation is ongoing, there will be no definitive answers as to what happened in this crash. Since there were no survivors, no eyewitnesses in the car can give information.  However, accident reconstruction experts can often tell from the physical evidence of a crash what led up to the collision. Autopsy reports, skid marks on the highway, and the evidence obtained from the vehicle will all tell a story, and an expert can analyze this information for clues to determine what happened in the moments before the crash.

Who Is Liable For These Deaths?

It is possible that there is someone out there who knows what happened in this accident. It is also possible that there were no witnesses. However, there is someone who is responsible for what happened. It may be the driver; it may be a manufacturer or mechanic who caused a faulty brake situation that led to the crash. It may be a bartender or friend who served the driver alcohol then allowed him or her to take the wheel. Whoever is responsible, a professional car accident attorney can help the families of the victims recover damages for their pain and suffering and the loss of their loved ones.

August 31, 2012—Hacienda Heights, CA—CBS News reports that a huge car accidenton Highway 60 or the Pomona Freeway left at least four people injured.  The accident occurred in Hacienda Heights near the Orange County line and resulted in the airlifting of at least one victim to the hospital.

The crash happened around 9:30 a.m., according to the California Highway Patrol, but police have not released any names or given any definitive verdict on the cause of the accident.  Given the time of day that the crash happened, the Pomona Freeway was likely still crowded with commuter traffic.  However, the police have not stated which driver may have been responsible for the pile up.

My sincere wishes for a speedy recovery go out to every victim of this crash.

Pile-Ups on Freeways Not Uncommon

Of the six million motor vehicle accidents that occur in the United States every year, according to the National Highway Traffic Safety Administration, relatively few are multi-vehicle freeway pile-ups.  However, when these types of accidents do happen, they usually draw media attention because of their extravagant nature.  Southern California enjoys the dubious honor of being the “pile up capital” of the United States due to the relatively high number of these types of accidents on our crowded freeways. Read More

September 1, 2012—Trabuco Canyon, CA—According to the Orange County Register, a Santa Ana man who was seriously injured in a rollover crash last week faces charges of drunk driving and felony injury to three others.

The crash happened on Sunday at 7:30 p.m. when Alexis Slamoran, 22, was operating a Chevrolet Silverado and made an unsafe turn on Trabuco Creek Road which resulted in a rollover, according to the California Highway Patrol.

Three passengers were injured:  a 39-year-old man with major injuries and 25- and 24-year-old men with less serious injuries.  All were taken to a Mission Viejo Hospital.

Salmoran, who was driving without a license, was officially arrested at the hospital where he is still confined with his injuries.  When released, he will be taken to the Orange County Jail.

My sincere wishes for a speedy recovery go out to all the victims of this accident. Read More

August 20, 2012—Hydesville, CA--The Times-Standard reports that a passenger was the victim of a rollover accident fatality near Bridgeville on Tuesday.  The driver was injured and transported to the hospital, where she was arrested on manslaughter charges and suspicion of DUI.

Jason Molter, 31, of Bridgeville, died when he was ejected from the passenger seat of a Toyota pickup driven by Jennifer Lynn Diloreto, 35.  Diloreto was traveling east on State Road 36 when she veered off the road and down an embankment, where the truck overturned.

This was apparently not Diloreto's first DUI charge.  She pled no contest in 2011 to a blood alcohol content of over .15 percent, a special charge in the state of California.   The charge was dropped in exchange for her agreement to attend alcohol education classes.  There was allegedly an active bench warrant for her arrest for failure to appear at the time of the accident.  She had another charge for possession of marijuana dismissed in 2008 after completing a court-ordered program.

My sincere condolences go out to the family of the victim in this terrible accident.

DUI Statistics and Realities

DUI, or driving under the influence of alcohol, remains a problem for all states and is particularly prevalent in densely-populated areas.  Nationwide, Mothers Against Drunk Drivers estimates that at least a third of all fatal car accidents involve alcohol, and in California the California Highway Patrol states that up to 75 percent of all fatal accidents between midnight and 6:00 a.m. are the result of drinking and driving.  Unfortunately, even with tougher DUI laws, many people continue to drink and drive and fail to complete court-ordered programs for rehabilitation.

Why Did This Accident Happen?

This accident highlights some major flaws in the criminal justice system when it comes to either punishing or rehabilitating those who offend with DUI.  Most experts agree that by the time someone is caught driving drunk, they often have done so dozens of times, and that programs designed for rehabilitation work marginally at best.  In the present case the driver had obviously been through the system several times as a result of alcohol and drug use, yet was still able to drink and drive, this time with tragic results.

Liability Issues

Liability for this accident seems clear; however, there may also be secondary liability for parties besides the drunk driver.  For example, if a bartender or friend gave the driver alcohol knowing that she would drive drunk or was already on probation for doing so, that person could also be held liable in this accident.  A professional automobile attorney should examine this case carefully to determine all liable parties to the accident.