Two people, including an 8-year-old child, were injured in an Orange County car accident after the SUV carrying them overturned on the freeway. According to a news report in The Orange County Register, the injury rollover accident occurred in the northbound lanes of the 5 Freeway near Avenida Pico in San Clemente the morning of February 2, 2011.
California Highway Patrol officials say the Toyota SUV was traveling in the number one lane when the driver swerved to avoid wood debris on the roadway and lost control. The SUV crossed all lanes of traffic and hit the guard rail. The Toyota overturned and landed on its side on the freeway's right shoulder. The driver and an 8-year-old girl were taken to a local hospital, but the extent of their injuries is not known.
My heart goes out to the two injured victims of this rollover accident. The article states that there were six children in the SUV. I sincerely hope the others were unharmed. I wish the injured victims the very best for a speedy and complete recovery.
Car Accident Statistics
According to CHP's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 11 fatalities and 166 injuries involving car accidents in San Clemente. In Orange County as a whole, 152 people died and 13,414 were injured in car accidents during the same year.
Debris on the Roadway
Based on this news report, it appears that the driver of the Toyota SUV swerved to avoid some debris on the roadway and lost control as a result. It is not clear at this point who dropped the wooden debris on the roadway. California law prohibits anyone from throwing or dumping debris on the highway. California Vehicle Code Section 23112 (a) states: "No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing upon any highway any bottle, can, garbage, glass, nail, offal, paper, wire, any substance likely to injure or damage traffic using the highway, or any noisome, nauseous, or offensive matter of any kind."
Liability Issues
In California, a motorist can be fined for dropping anything other than live bird feathers or water from his or her vehicle onto a roadway. In addition to fines, drivers can be held civilly and criminally responsible for the consequences of roadway debris accidents. Injured victims in such cases could seek compensation for their injuries, damages and losses. A knowledgeable Orange County personal injury lawyer will be able to better explain the legal rights and options available to car accident victims or their families, as well as how the uninsured/underinsured clause of their car insurance policy would apply to a roadway debris accident.
Seriously injured in an Orange County car accident? Want to know if you have a case? Want to know what your case is worth? Want compensation for your injuries? Want justice? Want to make sure the same thing doesn’t happen to someone else?
Call your best friends in the legal industry after a San Clemente rollover accident. Call 800-561-4887. The call is free. The advice may be priceless.
Call a BISNAR | CHASE Orange County personal injury lawyer for a free professional evaluation of your case by attorneys who have represented over 6,000 clients since 1978. You will experience award winning representation and outstanding personal service by a friendly law firm in a comfortable environment.
SLS Consulting