2 Men and a 3-Year-old Girl Dies in Riverside Fatal Head-on Collision

Three people, including a 3-year-old girl, died in a fatal car accident in Riverside the other night.

According to CHP, 30-year-old Donald Graves of Hemet was driving a Chevy Malibu on the eastbound lane of Florida Avenue just ahead of Highway 74 with his 3-year-old daughter Dakota when the car drifted into the westbound lane and collided with a Honda Accord.

Graves and the Accord driver, Andrew Huizar, 20, of Apple Valley died at the scene while Dakota was pronounced dead in Hemet Valley Medical Center after sustaining major injuries.

The California Highway Patrol is still unsure of what caused the head-on collision but is looking into a possible dangerous turning maneuver by Graves.

Since it is still not sure who the liable party in the accident is, the families of both parties can file a wrongful death claim against each other.

California is a comparative negligence state so even if the victim is partially at fault for the accident, they can still collect damages.

However, the amount to be awarded will also be reduced by their level of liability.

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Woman Loses her Unborn Child in Car Accident

Nothing hurts a mother more than to endure almost nine months of pregnancy, only to lose her baby even before he or she was born.

That is probably what the woman from this news item is feeling right now after the vehicle accident that killed her unborn child.

According to reports, the eight month pregnant woman was a passenger in a car that made an “unsafe left turn” then collided with a lunch truck and another vehicle at the intersection of West Washington Boulevard and South Western Avenue in Harvard Heights.

The woman sustained injuries and was brought to a hospital where her child was declared dead.

In this case, the woman can file a personal injury claim for her own injuries and a wrongful death claim for her unborn child.

Under the law, a passenger cannot be held liable for a car accident unless he or she distracted the driver.

Not only can she collect for the expenses brought by her injuries and the death of her child, she can also collect for the monetary equivalent of the pain, grief and suffering she endured because of the events that happened.

The monetary compensation will not replace her child but it’s an amount that she deserves for what she lost.

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Driver Arrested for Death of Bicyclist

In Los Gatos, 28-year-old bicyclist Joshua West has just taken his 7-year old daughter to school and was on his way to his physical therapy class for his back pain when he was struck and killed by an out-of-control Chevrolet Blazer.

According to police, the SUV jumped onto the pedestrian curb where West was hit and struck a steel pedestrian barricade past the intersection of Garden Hill Drive before it rolled over after it hit a traffic signal pole.

Witnesses told the police that the driver, Kevin Derr of San Jose, appeared to be driving at least 50 mph and trying to beat slow-moving traffic on Lark Avenue. The speed limit is 30 mph.

Sgt. Kerry Harris said West was pronounced dead at the scene despite the attempts of witnesses to revive him. The police also noted that there were no skid marks at the scene which indicated that Derr did not try to stop or hit his brakes.

Derr was injured in the rollover crash accident and was taken to the Valley Medical Center. He was later arrested on suspicion of vehicular manslaughter.

Bicycle collision fatalities account for about 2 percent of all motor vehicle crash deaths – in 2008, there was a total of 714 bicyclists killed. Nearly 91 percent of all bicyclists killed were reportedly not wearing helmets.

Roads are meant to be shared by all drivers, riders and pedestrians but road safety goes flying out the window when either one of these parties become impatient and start to violate traffic rules and regulations.

Failure to yield is one of the most common road violations committed which often leads to collisions but in West’s case, Derr’s blatant disregard of the traffic laws (re: posted speed limit) was the proximate cause of the accident.

Rules and traffic signs and signals are meant to be obeyed at all times as these have been installed to protect the people from hurting each other and themselves.

Derr’s gross negligence in observing traffic rules and irresponsible driving does not only merit criminal charges – West’s family can rightfully file a civil case of wrongful death against him and recover monetary damages.

A wrongful death claim usually arises when a person is killed as a result of negligence or improper conduct and may be filed by the surviving spouse, children, beneficiaries or dependents of the victim.

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Huntington Beach City Blamed for Junior Lifeguard’s Death

The government is required to protect the welfare of everyone it governs. It may be considered liable if a person dies due to the negligent act of another person.

A wrongful death claim was recently filed against Huntington Beach City relating to the death of an 11-year-old junior lifeguard after she was struck by a boat during a routine exercise in the ocean.

The claim asks for damages in excess of $10,000 for personal injuries, emotional distress and damages connected with the death of Alyssa Squirrell. The clam, which also names all of Alyssa’s family members, asserts that Huntington Beach lifeguard Lt. Greg Crow caused the girl’s death because he operated the boat negligently.

She was participating in a drill wherein junior lifeguards would jump off the back of a boat towards the ocean. Alyssa was in the water but has not joined her group when Crow turned around and hit her. The impact caused her to sustain deep cuts to her hip and leg.

Orange County prosecutors said that no criminal charges will be filed against Crow.

Crow should have been extra careful while operating the boat because he is aware of the ongoing training. On the other hand, this fatal accident may have been avoided if only the girl remained with the group.

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