A 4-year-old boy who was killed in a Ventura car accident has been identified as Bernardino Rincon. The car accident was apparently caused by an elderly driver the morning of November 30, 2009, according to a news report in the Ventura County Star. The fatal car accident occurred on Santa Rosa Road when 84-year-old Richard Levens struck two other cars stopped at a light and then hit the Rincon family's minivan. The van left the roadway, struck a tree and rolled over on an embankment. Bernardino was ejected from the vehicle and pinned under the van. He was pronounced dead soon after the accident in an area hospital.

The Rincon family has no doubt suffered a devastating blow with this untimely loss. I offer my deepest sympathies to everyone who knew and loved this little boy. Bernardino's grieving family members will be in my prayers.

Was the Child Buckled in?

Based on this news report, it is not clear whether Bernardino was secured in a car seat or not. California Highway Patrol officials say the boy was not strapped in a car seat at the time of the accident. His sister says she buckled him up right before they started driving. But, some family members also suspect that the boy may have unbuckled himself later, sometime before the crash.

Defective Product Issues

In this case, it is absolutely important to look into whether Bernardino was not secured in the car seat or whether he was buckled and then ejected at the time of the crash because of a product defect -- namely a defect in the car seat or as a result of seatbelt defects. In any car accident where a product defect is suspected, it is important to preserve the product -- in this case the minivan and the car seat -- so it can be carefully checked by an expert for product defects, malfunction or other evidence. I would also be curious to find out how or why the senior driver, who apparently set off this chain reaction crash, lost control of his vehicle.

Victims in such cases would be well-advised to consult with a reputed California personal injury lawyer, who has had consistent success with product liability cases and a stellar track record holding negligent drivers accountable. The best personal injury law firms will offer a free consultation to injured victims and their families.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.