Pedestrian Accidents

Vehicular Manslaughter Conviction for Corona Pedestrian Accident

July 9, 2011 | by Robert Walch

In 2008, Rachel Elliott was killed when she was hit by a car in Corona, California. Elva Diaz, the driver of the vehicle that hit Elliott, was convicted last week of involuntary gross vehicular manslaughter, because she was allegedly intoxicated at the time of the pedestrian accident in Corona.

Diaz, who is facing sentencing of up to 10 years imprisonment for the conviction, is 32 years old. She was found not guilty on the charge of 2nd degree murder, which would have carried even stiffer sentencing. In a case like this, without a previous DUI conviction, it is very difficult to get a conviction on the 2nd degree murder charge, which Diaz’s criminal defense attorney said was excessive. Diaz will be sentenced on August 5, 2011.

Woman Dies after Hit by Car in Redondo Beach

July 6, 2011 | by Robert Walch

An 89 year old Redondo Beach woman, Melania Nuhbegovic, was hit by a car in Redondo Beach on Monday. Ms. Nuhbegovic later died of her injuries at Harbor UCLA medical center.

According to the Daily Breeze, the woman was crossing in a crosswalk when she was hit by a pickup truck in Redondo Beach. According to investigators, the driver of the pickup truck stopped at the stop sign, but then drove and hit Ms. Nuhbegovic. He did not flee the scene and stopped to render care to the victim.

The driver was not cited and investigators said it did not appear that the driver was under the influence at the time of the Redondo Beach wrongful death accident.

Burbank Metrolink Accidents Feared

May 26, 2011 | by Robert Walch

Officials have grown increasingly worried about the possibility of a Metrolink train accident in Burbank, due to unsafe crossings and the addition of the Metrolink express train service that runs from Burbank to Los Angeles Union Station.

According to the Burbank Leader, the downtown Burbank Metrolink station is one of the busiest Metrolink stations and commuters will rush across tracks when they think a train is idle, not considering the possibility the train will accelerate in reverse. This poses a serious risk of a Metrolink train pedestrian accident.

Apparently, people cross the tracks because buses serve both sides of the station. Currently, Metrolink appears to be relying on security guards at crossing stations giving warnings that people should not cross when the bell and lights are on. However, security guards have acknowledged that there is a common practice of people not listening to these warnings and crossing anyway, apparently because they think it is safe.

Australian Man Will Go To Jail For Los Angeles Hit And Run Accident Death

March 10, 2011 | by Robert Walch

Ryan Bowman, an Australian man who killed a young woman in a Los Angeles pedestrian accident, will be sentenced Friday morning as part of a plea agreement that has been reached with prosecutors. The accident occurred on the Sunset Strip in the West Hollywood area of Los Angeles, California.

The woman who was killed in the Los Angeles car accident, Lauren Ann Freeman, was leaving a concert at the popular Roxy Theatre, crossing the street, when Bowman, in his Bentley, struck Freeman and knocked her about 50 feet, where she died at the scene. Bowman allegedly fled the scene and abandoned the Bentley about a mile and half later, near Melrose and La Cienega, in Los Angeles, California.

Bowman has since admitted that he was the driver involved in this pedestrian accident in Los Angeles. Since it is assumed that police did not catch Bowman until well after the accident, it was probably too late to run tests to see if Bowman was under the influence at the time of the accident, which is often the reason people flea the scene of a collision.

Besides the jail time that he faces, Mr. Bowman will also be subject to a personal injury lawsuit by the family of the woman who was killed in the pedestrian accident. Ms. Freeman had just graduated from the Fashion Institute of Design & Merchandising (FIDM) and her family will claim that she had a very promising future that was cut short by her wrongful death. The fact that Bowman left the scene will be used against him if he argues the accident was not his fault.

Huntington Beach Man Sentenced In Car Accident Wrongful Death

March 8, 2011 | by Robert Walch

A man from Huntington Beach has been sentenced to three years of probation after a tragic car accident in which he rear ended a truck, which collided with a mother as she was walking with her baby in a stroller in a crosswalk. The baby was launched approximately 70 feet from the impact and died from her injuries in this California wrongful death accident. The mother sustained a dislocated shoulder and fractured vertebrae. The 11 year old niece of the woman was also injured and sustained a broken femur in the Orange County pedestrian accident.

The man was charged criminally for his actions, and plead guilty to misdemeanor vehicular manslaughter, because he caused the Orange County car accident when he was distracted while trying to prevent his laptop from falling off of the seat to the floor of his car. Usually we see vehicular manslaughter charges where the driver who causes the car accident was found to be driving while intoxicated.

However, to be convicted of vehicular manslaughter, it is only necessary to show ordinary negligence and a misdemeanor, infraction or other lawful act that may cause death, such misdemeanor, infraction or other act in fact causing the death. This is another reason to be especially careful while driving and not to talk on your cell phone, text or be involved in other distractions, as engaging in such behavior at the time of an accident could have a serious criminal effect.

Woman Seriously Injured in Los Angeles Hit and Run Accident

February 24, 2011 | by Robert Walch

A Los Angeles woman was seriously injured in a hit and run accident in South Los Angeles. The woman was crossing the street at 111th Place and Figueroa Street when she was hit by a Toyota Camry. The woman who was driving the Camry left the scene of the accident and was not located.

The injured woman had injuries that were described as life-threatening head trauma and was being treated at Harbor UCLA Medical Center.

It is against the law for a person to leave the scene of an accident without stopping to provide their information. If the driver of the Camry is found, she will face serious legal charges for the Los Angeles hit and run accident.

In addition to the criminal charges, the driver will likely face a personal injury claim made against her on behalf of the woman who was injured in the hit and run accident. In situations like this, the driver of the vehicle often does not have enough insurance coverage to cover the extensive damages that the injured woman has likely incurred, including hospital bills which can be six or seven figures.

The family of the injured woman should immediately contact a Los Angeles personal injury attorney who can investigate the relevant insurance coverages and liability, to see if there is possibly an uninsured motorist or underinsured motorist claim that can be made with the injured party’s insurance company as well.

Tragic Orange County Car Accident Kills Pedestrian Helping a Dog

February 16, 2011 | by Robert Walch

According to the Orange County Sherriff’s Department, a very sad car accident occurred in Laguna Niguel, wherein a woman jogger, who was helping a dog who had ran onto the street, was killed after two cars collided and one of the cars struck her.

The woman, who rescued the dog from the street, was kneeling next to the dog on the street corner, possibly checking its tags, when she was hit by the car. The two car collision was apparently unrelated to the dog, but resulted in one of the cars running onto the sidewalk, striking the woman, who died at the scene of the accident. The dog apparently left the scene before rescuers arrived, and has not been located.

It is unclear at this time which vehicle caused the Orange County car accident. The occupants of the vehicles suffered injuries including a broken collarbone as well as bumps and bruises. The family of the woman, who was an innocent bystander, may make an Orange County wrongful death claim against the driver and/or owner of the car that caused the collision. If it remains unclear which car caused the initial collision, the family should make the claim against both vehicles.

San Diego Taxi Accident Injures 35

February 14, 2011 | by Robert Walch

35 people in San Diego, California were injured this weekend in a serious auto v. pedestrian accident when a taxi cab went out of control and into a crowd of people outside the popular Stingaree nightclub in the Gaslamp District of the city.

The San Diego accident happened at approximately 2:00 a.m., which is right around the time when the club closes and there is a mass exodus of people leaving the club, as witnessed by one of our attorneys on a prior visit to the nightclub.

According to San Diego police, the taxi cab driver was pulled out of the car after the accident and attacked by an angry crowd, resulting in only a broken nose. It is unclear at this time whether the taxi driver had blacked out or fallen asleep prior to the car accident.

Initial reports said that of the 35 people who suffered injuries in the San Diego taxi accident, six were in critical condition. It has since emerged that 23 people were taken to the hospital and none of the injuries were considered life threatening. The injuries reportedly included a woman with a severed limb, as well as others with broken limbs, bruises and scrapes.

There are many legal ramifications for an auto versus pedestrian accident such as this. One important legal factor will be the driving and medical histories of this taxi driver. If the driver has been involved in other accidents or has a history of blackouts or other such occurrences, the taxi company may be subject to a punitive damages claim for placing the public in danger by employing this person. The taxi company should also be held responsible for the injuries caused by its employee while on the job. Because there may be 35 or more people making a claim against the taxi company, the financial ramifications may end up being quite severe.

Pedestrian Killed in Riverside Metrolink Train Accident

February 9, 2011 | by Robert Walch

According to the Los Angeles Times, a Metrolink train accident has killed a girl in Riverside, California. The Metrolink Train hit the pedestrian on Tuesday. The girl who was hit by the train in Riverside, who was a minor, passed away as a result of the impact.

According to the Riverside Police Department, who interviewed witnesses, the girl allegedly waited for a freight train to pass. After the train passed, the girl, who probably believed it was safe, walked around barricades and was hit by a Metrolink train. According to witnesses, the girl also ignored warning lights and bells of the Metrolink train. Unfortunately, this could have been due to the noise from the freight train.

If it is proved that Metrolink was negligent, the girl’s family may have a Riverside wrongful death claim. Investigators will have to determine if the warnings were sufficient and whether a different type of warning, possibly one that indicates that two trains would be passing, should have been used to prevent this tragic death.

We have seen in the past how people wait for a train to pass and immediately cross tracks after the train, not realizing that a second train could be approaching from a different direction, blocked off from site by the first train. For this reason, it is always important to follow all railroad track warnings and never to cross the tracks until it is completely safe to do so. As can be seen, attempting to save a few seconds by crossing a railroad barricade before it goes up can lead to tragic train accident injuries and/or death.

Hit and Run Driver Kills Pedestrian in Pasadena Accident

February 4, 2011 | by Robert Walch

A 52 year old woman was killed last week, while on her motorized wheelchair, when she was hit by a car in Pasadena, California. The wrongful death pedestrian accident allegedly occurred when DeShaun Chapman, a 28 year old man, was driving at a high speed at about 6:30 p.m. when he swerved to avoid a car pulling out from a driveway. Chapman went into oncoming traffic, overcorrected and lost control of his vehicle, hitting the woman and a wall, resulting in the woman being pinned underneath.

Chapman, who fled the scene after the Pasadena pedestrian accident, later returned to the scene and was arrested and charged with vehicular manslaughter.

The driver of the sedan, who also fled the scene, has not been found. If found, the driver of this car may also face similar criminal charges.

The family of the victim will likely make a Pasadena wrongful death claim against Chapman, and may also be able to pursue an uninsured motorist claim, where the uninsured motorist coverage, if any, would take the place of the driver who fled the scene and was not located.