Friday, May 16, 2014

Wrong-way driver involved in fatal I-5 accident

A 42-year-old cab driver was killed after a wrong-way accident in California on the Interstate 5 freeway in the early morning hours of April 19. The fatal crash occurred around 2:30 a.m. near the Washington Street exit in San Diego in the highway"s southbound lanes. Reports say that after being struck by the wrong-way driver, the cab driver exited his vehicle and was run over several times by oncoming traffic. He was pronounced dead at the scene.

While the cab was stopped on the freeway, a white Honda Accord crashed into it and pushed it over an embankment. It careened through a chain-link fence and ended up nose-down in a nearby parking lot. The driver of the Accord was transported to a nearby hospital and treated for minor injuries.

The wrong-way vehicle that initially caused the crash made a U-turn and took the Washington Street exit and fled the scene. Authorities later located the vehicle, which had been abandoned in downtown San Diego. Around 10:15 a.m., California Highway Patrol officials arrested a blonde woman in her 40s who is alleged to have been driving the wrong-way vehicle. It was a rental car, and authorities are investigating whether the woman may have been driving under the influence at the time of the accident. CHP officials were forced to close all of the freeway"s southbound lanes for a time, and traffic was restricted to one lane for several hours while road crews cleaned up the scene.

If the deceased victim"s family wishes to collect compensation for damages related to the death of the cab driver, they might work with a personal injury attorney. After reviewing the evidence gathered by police investigators, that attorney may be able to determine if the family is able to hold one of the drivers involved in the accident liable in court.

Source: NBC San Diego, "Cab Driver Hit Several Times After Head-On Collision," Diana Guevara, Monica Garske and Vanessa Herrera, April 20, 2014

Monday, May 12, 2014

Authorities search for driver of red station wagon

After a 29-year-old man almost lost his leg in a serious car accident, Denver authorities released video footage of the woman they think was responsible for the crash. Two other people were with her, and police are asking that anyone with information on the case come forward. Police do not know the extent of the friends’ involvement in the incident.

The young father was at a convenience store on Jan. 3 buying snacks for his children when his son swung a bag of chips and accidentally hit his daughter. A stranger waiting in line spoke up and said she would have spanked the child if she were the parent. A friend of the victim said that the stranger should stay out of it. After the father went outside to rent a movie at a vending machine, the stranger drove her car, described as an old red Subaru station wagon, into him, trapping him against the movie kiosk. She then fled the scene, but store video cameras had captured her image while she was inside.

He said he could see her face as she hit him, with the impact breaking his leg and causing additional serious damage. He suffered from an infection and nearly lost his leg after undergoing 15 operations. Still required to use crutches, he lost his job as an electrician’s apprentice and can no longer work. The man’s lawyer said that he feels that while the injuries are devastating, seeking justice is even more important for his client, and he hopes that someone might have heard her talk about what happened.

Holding the responsible parties accountable for their actions after an accident might help bring closure to the incident for a victim. A personal injury lawyer may be able to pursue compensatory damages including medical expense reimbursement and recovery of lost wages.

Source: The Denver Channel, “Police release photo of hit-and-run suspect who nearly cost young father his leg,” Lance Hernandez, March 29, 2014

Saturday, May 10, 2014

Tow truck accident leaves 4 injured on New Jersey highway

Officers from the North Caldwell Police Department and paramedics from the Pine Brook Fire Department responded to a report of an auto accident on Route 46 on Sunday, March 30. According to police reports, the collision occurred on a two-lane section of Route 46 when a flatbed truck struck a passenger car as both vehicles were traveling eastbound.

Authorities further elaborated that a 2014 Nissan sedan was traveling on the right lane toward Fairfield Township at around 2:51 a.m. when it was allegedly sideswiped by the truck, which was owned and operated by Passaic Towing. The collision sent the tow truck careening off the highway into a pole supporting an information road sign maintained by the New Jersey Department of Transportation.

When first responders arrived on the scene, they realized that the tow truck driver and a passenger were trapped in the cabin. Police officers pulled the driver out and took him to Morristown Memorial Hospital. The passenger was also extricated by paramedics from the West Essex First Aid Squad and the Fairfield Fire Department. She was also taken to the hospital.

The driver and passenger of the sedan were transported to Pequannock, where they received treatment at the Chilton Hospital. Police officers reportedly have not yet written any traffic tickets or issued any summons in this case pending the finished investigation. While many drivers believe that unsafe driving citations issued after a car accident are indicative of liability, this is not always the case, but a civil case does not need to depend on the fact that criminal sanctions were imposed to be successful when evidence such as a completed police investigation or witness accounts may be put to use to prove negligence.

In this case, an attorney assembling a case on the behalf of the injured parties in the passenger vehicle may look to a completed investigation report for indicators of the tow truck driver"s negligence. If the tow truck driver indeed sideswiped the Nissan, it is possible that he may have been attempting an unsafe passing maneuver or distracted by a mobile device while driving, which caused him to fail to maintain his lane.

Source: The Progress, “Route 46 crash injures four,” March 31, 2014

Monday, April 28, 2014

Driver cited in connection with 5-vehicle accident in Dallas

A 30-year-old Texas man has been cited for failing to control the speed of his vehicle and for not having proof of insurance after his 2007 Ford F-350 caused a multi-vehicle accident. As the driver traveled west at a high speed, authorities said, his truck hit a westbound Nissan Armada, initiating a chain-reaction collision that ultimately involved five vehicles. The Nissan, in turn, stuck a Dodge Ram also traveling west, and the Dodge truck then hit a 2012 Ford F-350 in the westbound lanes. Meanwhile, the Nissan crossed into eastbound traffic and was hit by another Dodge Ram that was traveling east. This Dodge truck rolled multiple times as a result of the impact with the Nissan, also striking the 2012 F-350.

Although several individuals were affected by the incident, only the driver and passenger of the eastbound Dodge truck were transported to local medical facilities for care along with the 30-year-old driver thought to be responsible for the incident. Their injuries were not deemed life-threatening, and the men have since been released from the hospital. A family, including four children, occupied the Nissan, and all reportedly escaped injury in the auto accident.

According to officials, the driver of the speeding truck has been cited but not arrested. A recent announcement by local officers indicated intentions to arrest more individuals involved in reckless driving incidents. However, officers investigating this case indicate that none of the witnesses reported reckless driving on the part of the individual cited in the case. Texas laws do not provide for arrest for speeding. Reckless driving in Texas is the operation of a vehicle with willful disregard for the safety of individuals or property.

While the driver in this case hasn"t been arrested, his actions have caused a great deal of damage and stress for others involved. Those injured may face unexpected medical costs as well as loss of work because of the automobile accident. An attorney assisting an injured plaintiff in such a case could examine accident investigation results and the responsible driver"s previous driving record to paint a picture of negligence to prove liability in a personal injury suit.

Source: OA Online, "Man cited with failure to control speed after five-vehicle accident," Audris Ponce, March 20, 2014

Saturday, April 26, 2014

Motorcycle crash kills California man

According to the California Highway Patrol, an accident between a motorcycle and a pickup truck resulted in the death of a 63-year-old Cottonwood man. The fatal motorcycle accident occurred in Happy Valley on the night of March 24.

A driver in a Ford F-350 was headed westbound at an undetermined speed on Palm Avenue when he attempted to turn left into a residential driveway. The truck allegedly turned into the pathway of an oncoming motorcycle, causing the collision. The rider was thrown from his motorcycle, according to officers with the CHP.

The driver was reported by police to be under the influence of alcohol when the collision occurred. Officers took him into custody on suspicion of gross vehicular manslaughter while intoxicated and driving under the influence causing injury. Police will be requesting the charges to be filed by the Shasta County District Attorney"s office as their investigation progresses.

The accident described in this article can be fairly common as drivers can sometimes have a difficult time judging an oncoming vehicle"s distance when making a left turn. Motorcycles have a smaller profile than motor vehicles, which makes their distance more difficult to judge. Lastly, impaired drivers have slower reaction times than non-impaired drivers. These factors can increase the odds for a serious accident.

If the police report concludes that the driver was intoxicated at the time of a fatal accident, the victim"s family may have substantial grounds to file a wrongful death lawsuit against the driver. A personal injury lawyer might assess the accident report and answer questions regarding California personal injury law.

Many lawsuits can be resolved out of court through negotiation with the at-fault driver and his or her insurer. However, there are some instances in which a case may move into the litigation phase in civil court. This can happen when an insurer repeatedly denies a legitimate claim or is not willing to pay a fair settlement. It may also be necessary to litigate the case in civil court if the plaintiffs want to pursue exemplary damages.

Source: The Redding Record-Searchlight, "UPDATED: One dead in Happy Valley car vs. motorcycle crash," March 24, 2014

Thursday, April 24, 2014

Pennsylvania woman killed in 2-car accident

According to police, a Lancaster woman was killed in a two-car collision that took place on the night of March 13 in East Lampeter Township in Lancaster County. The accident took place about 8:20 p.m. in the 1800 block of Old Philadelphia Pike near Chateau Hill.

A driver reportedly crossed into the path of a 1978 Chevrolet Caprice after hitting the right curb at the intersection and struck the vehicle almost head-on. The Caprice"s driver was taken to Lancaster General Hospital where she was pronounced dead. Police say that a passenger in the Caprice suffered severe injuries and was transported to the hospital where he was listed in serious condition.

The driver of the car that struck the Caprice suffered non-life-threatening injuries and was taken to the same hospital for treatment. At the time of the report, law enforcement officers were continuing to investigate the accident and sought information from the public.

It may be several weeks before investigators complete the accident investigation and report. Law enforcement officials may perform an accident reconstruction for accidents involving fatalities and critical injuries. The reconstruction might answer questions such as whether speed or alcohol were factors in the accident. In addition, the reconstruction may help officials determine whether a particular area of the road or intersection may be dangerous or has contributed to an accident.

The family of an accident victim seek compensation from an at-fault driver. The state or county might also be requested to pay compensation if the accident was at least partially caused by unsafe road conditions. A personal injury lawyer might interpret an accident report and determine the family’s eligibility for filing a claim according to Pennsylvania statutes. Additionally, the lawyer may work with the at-fault driver"s insurance company to negotiate an acceptable settlement. If the insurer will not pay a fair settlement or denies the plaintiff"s claim, the lawyer might file a request for a trial in civil court.

Source: ABC 27-WHTM, "Woman dies after 2-car crash in East Lampeter," Myles Snyder, March 14, 2014

Sunday, March 9, 2014

Colorado lawmakers targeting hit-and-run drivers

Hit-and-run accidents are an area of serious concern in Colorado. Seventeen times every day in the city of Denver alone, a hit-and-run accident is reported to police. Hit-and-run fatalities occur almost three times every month in Colorado, figures from 2012 reveal, and pedestrians are the most likely to be killed.

In 2012, 34 hit-and-run deaths were reported statewide. This number is nearly twice the 18 hit-and-run fatalities reported in 2011. Between the years 2008 and 2012, 104 people died in hit-and-run accidents; 64 of them were bicyclists or pedestrians.

In an effort to put an end to what a former Denver police officer called a "tremendously huge problem," Colorado lawmakers in 2012 passed legislation establishing more severe criminal penalties for hit-and-run drivers if the victim sustained serious bodily injury. Additionally, several Colorado cities have adopted the Medina Alert program, which is designed to enlist the help of the public in apprehending hit-and-run drivers. The program, which began in Denver and is named after a hit-and-run victim, is based on the federal Amber Alert system for locating missing children. The Colorado legislature will decide, during the current term, on a bill to make the Medina Alert system part of state law; it would then be managed by the Colorado Bureau of Investigation.

A study conducted in the 1990s by a University of Vermont economics professor showed that hit-and-run drivers make a decision to flee because they feel they have "more to lose" by staying than by running. The driver may be driving on a suspended license, for example, or he or she may have been drinking. Alcohol is commonly a factor in hit-and-run cases. Hit-and-run drivers are likely to be young and male and have previous criminal convictions, according to a second study, this one conducted by the University of California at Berkeley.

Many of the cases never get solved. As the former Denver police officer described it, looking for a hit-and-run driver is like "looking for a ghost." Lawmakers hope their legislative efforts will have an effect in years to come, but they caution that public perception and awareness must change before the incidence of hit-and-run accidents changes. At least one state representative has suggested a public awareness campaign similar to those that have been effective for seat belt usage and litter prevention.

Those who have been injured in hit-and-run accidents often deal with feelings of anger and helplessness because the identity of the at-fault driver is unknown. Even in hit-and-run cases, however, a personal injury attorney may be able to secure the victim compensation for medical expenses, pain and suffering, lost wages or other damages if the driver at fault can be found before the statute of limitations for personal injury and wrongful death cases runs out.

The Durango Herald, Careful being a pedestrian in Colo., Burt Hubbard, Feb. 15, 2014