After a Portland car crash, recovery for damages and/or monetary compensation cannot take place until liability is established. It is important to understand exactly what accident liability is and how it is legally determined.

What is Accident Liability?

Liability is the financial and legal accountability of an individual or business owed to another as a result of an accident causing damages, injury, or death. It is up to the victim, or the victim's Portland auto crash attorney to prove liability. Many factors affect the determination of liability, and the type of accident is a major one.

Determining who is liable in a motor vehicle accident is a different process, for example, than that of a slip and fall incident, and often times multiple parties may be at fault. There are also laws that vary by state.

Determining Liability After a Portland Accident:

Sometimes there is no question of liability, and other times it is an extremely gray area and difficult to prove. Not only is the burden of establishing liability that of the plaintiff, but also proving the extent of the damages. Read full story »

March 14, 2012--San Jose, CA--An 18-year-old woman was pronounced dead at the scene of a single-car collision on Sunday, according to police sources.

The driver of the car, a 19-year-old man, struck a tree on the corner of Norwood Avenue and Ruby Avenue.  No other cars were involved in the accident, and police have not said if alcohol or drugs was a factor.  The driver and a 31-year-old female passenger were taken to the hospital with undisclosed injuries.  The 18-year-old passenger was pronounced dead at the scene.  Her name has been withheld pending the notification of her family.

Police are investigating the cause of the car crash but have not released any statements regarding reasons or influencing factors.

My heartfelt condolences go out to the victim’s family as well as to the injured parties. Read full story »

A 91-year-old man who suffered fatal injuries in a car accident in Riverside County has been identified by authorities as Neil McConaghy. The Desert Sun reports that the fatal crash occurred the morning of February 16, 2012, at Date Palm Drive and Ramon Road in Cathedral City. Officials say that the chain-reaction collision was triggered by a Ford F550 truck whose driver lost control of the vehicle and crashed into four vehicles including the victim’s Chrysler PT Cruiser. McConaghy died from his injuries at a nearby hospital. The truck’s driver was also hospitalized in critical condition. One other driver was injured as well. Officials are looking into whether the driver of the truck suffered a medical condition just before the collision.

My heartfelt sympathies go out to everyone who knew and loved Neil McConaghy for their tragic loss. My thoughts and prayers are also with those who were injured in this collision.

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A car accident in Santa Ana resulted in major head injuries for a female pedestrian the morning of February 16, 2012. The Orange County Register reports that the accident, which involved a hit-and-run driver, occurred at Bristol Street and Elder Avenue when the woman who was crossing the road was struck by a vehicle. The driver did not stop at the scene. The woman who was knocked unconscious was transported to an area hospital in critical condition. Officials are looking for the hit-and-run driver.

I sympathize with this hit-and-run car accident victim and her family for what they are going through at this time. She and her family will be in my thoughts and prayers.

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A car accident in Irvine proved fatal for a bicyclist whom authorities have identified as 28-year-old Christian Rhineer. The Orange County Register reports that the fatal bicycle accident happened on Von Karman Avenue at Michelson Drive. Rhineer who was riding his bike at the intersection war hit by a Volvo sedan driven by a 26-year-old man. Rhineer sustained life-threatening injuries. He died from his injuries the same day. The investigation is ongoing.

My heartfelt sympathies go out to everyone who knew and loved Christian Rhineer for their devastating loss. His grieving family will be in my prayers.

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A car accident in Buena Park involving a suspected drunk driver resulted in fatal injuries for Jose Anthony Hernandez and Everardo Zuniga, both 22. The Orange County Register reports that the crash occurred on La Mirada Boulevard near Alondra Boulevard the morning of February 10, 2012. The driver Ryan Hernandez, also 22, was arrested on suspicion of gross vehicular manslaughter while under the influence.

My heartfelt sympathies go out to everyone who knew and loved Jose Anthony Hernandez and Everardo Zuniga for their devastating loss. Apparently, the four men who were in the vehicle were heading home after celebrating a birthday. Tragic! They will be in my prayers.

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An elderly woman, who was killed in a pedestrian accident in Los Angeles has been identified by authorities as 82-year-old Mei Chen. The San Gabriel Valley Tribune reports that the deadly pedestrian collision occurred at Garvey and Walnut Grove avenues the afternoon of February 10, 2012. Police say Chen was in a marked crosswalk when she was hit by a tour bus that was trying to turn right at the intersection. Chen suffered fatal injuries and was pronounced dead at the scene. An investigation is ongoing.

My heartfelt sympathies go out to everyone who knew and loved Mei Chen for their terrible loss. This grieving family will be in my prayers.

LA Crash Statistics

There were 554 deaths and 50,817 injuries involving car accidents in Los Angeles County, according to the California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS). Also, countywide, 179 people died and 4,918 were injured due to pedestrian accidents during the same year.

Laws and Liability Issues

It is unclear from this report as to why the driver of the tour bus failed to yield the right-of-way to Chen who was walking in a crosswalk at the time.
California Vehicle Code Section 21950 states: "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection."

If the driver is determined to have been negligent or at fault, then, the bus driver and his or her employer, the tour bus company, can be held liable for the victim’s wrongful death. A knowledgeable Los Angeles personal injury lawyer will also be able to determine whether a dangerous condition at the intersection caused or contributed to the incident. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable. Please remember that any personal injury or wrongful death claim against a governmental entity must be filed within 180 days of the incident.

A car accident in San Diego resulted in injuries for a father and his 14-year-old daughter the night of February 9, 2012. U-T San Diego reports that the injury collision, which involved a suspected drunk driver, occurred along Country Club Lane in Escondido when a man lost control of his pickup truck and crashed into a condo on Eveningside Glen. The man was the more seriously injured of the two. He was pinned under the truck’s front tire and had to be freed by rescue workers. He was transported to an area hospital with major injuries including a fractured leg, concussion and facial injuries. The driver of the pickup is facing DUI charges.

My heart goes out to the dad and daughter who have been injured in this terrible car accident. I pray for their speedy and complete recovery.

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Miranda Palacios, 3, was killed and her mother sustained major injuries in a car accident in Anaheim, which involved a hit-and-run driver. The Orange County Register reports that the fatal collision occurred when Miranda and her mother were in a crosswalk at Gilbert Street and Guinida Lane. They were struck by a 1995 Nissan Maxima, which officials say, was stolen minutes before the crash from Stanton. The driver, described as a male, got out of the car and ran away. Officials are still looking for him. Miranda was transported to an area hospital where she died. Her mother remains in critical condition.

My heartfelt sympathies go out to the family members of Miranda Palacios and her mother who has suffered life-threatening injuries. This family will be in my prayers.

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A car accident in Santa Ana resulted in serious injuries for a teenager who was riding her bicycle across the street the night of February 6, 2012. The Orange County Register reports that the hit-and-run collision occurred at West Warner Avenue and South Greenville Street when the girl was riding her bike across the crosswalk. She was struck by a car that has been described as a small sedan. The vehicle fled the scene. The girl was taken to a local hospital with major injuries. An investigation is ongoing.

My heart goes out to this young hit-and-run car accident victim. Please keep her in your thoughts and prayers.

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