I.
Respondent’s driving privilege revocation pursuant to Section § 13953 of the vehicle code has stayed in place as based on the respondent’s driving record (Exhibit #1).
II.
Respondent came before the Department by way of a Traffic Collision Report that was completed by Officer Severing #20845 of the California Highway Patrol on 07/12/2017. Officer indicates the respondent was driving a Dodge Grand Caravan on eastbound interstate 10, in the #1 lane and made unsafe turning movement to the left causing his vehicle to travel in the northeasterly directions. The respondent’s vehicle
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Furthermore, following the collision, one of the passenger succumbed to his injuries. The respondent allowed his passengers not wear safety seatbelt and allowed 8 occupants in his vehicle which is designed to only 7 occupants. In addition, more weight is given to the department’s evidence and Officer Severing’s testimony. Officer Severing testified that based on his training and experience the Respondent made an unsafe turning movement to the left and lost his control. There is no damage made or any paint transfer from semi truck to the respondent’s vehicle. Additionally, officer testified that the vehicle is designed for 7 passengers not for 8 passengers. The reason for ejecting the passengers in the back seat is for not wearing a safety seatbelt. Respondent and passengers were not able to identify the semi truck that changed it’s lane to the respondent’s lane. Respondent and his witness testimonies that semi truck went into his lane can not be substantiated , due to lack of independent witness, supporting evidence and conflict statement of the respondent’s witness to the Officer Severing at the scene and at the hearing. The Respondent exercised poor judgment in the operation of a motor vehicle, in a violation of Section 22107 VC (unsafe turning movement) and failing to exercise a reasonable amount of care caused or contributed a fatal traffic collision. The Respondent did not apply the crucial safety measures to avoid a traffic collision which caused loss of life. Therefore cause exist to reimpose the revocation of the driving privilege in the interest of traffic
As pointed out by Meagher JA in Marien v Gardiner it is not possible that the driver could foresee and react to any event that could take place within the area surrounding the vehicle. Therefore, the driver could not have breached his duty of care in any circumstance that an object by chance is to collide with a vehicle on the road.
This case involves the suspect being arrested for driving under the influence of alcoholic beverages in violation of CVC 23153(a)-DUI.
In a car crash, the more weight there is, the risk of injuries drops (Williams, May Twenty-second, 2015). In most semi truck accidents (about seventy percent of semi truck accidents), when only the semi truck and trailer alone are involved, there are no deaths. But when another vehicle (such as a car, van, or pickup truck ) is involved, about ninety-eight percent of the time there is at least one fatality, which is really low compared to some other means of transportation (such as a train or an airplane) (EJustice, 2012).
Statement of Assignment: You have asked me to prepare a legal memorandum on the question of whether our client can gain relief from intentional infliction of emotional distress occurring from witnessing a friend¡¦s child being injured by a vehicle that is out of control due to being driven at a high rate of speed through a school zone. Pursuant to your request, this memo includes an analysis of the relevant state and federal law.
In the civil suit against Firefighter Johnson and the Portage Fire District, the prosecution was charged with providing evidence that negligence by both parties had contributed to the death of Ian Huffman and the attempted homicide of Olivia Duty. Prosecutors allege “Mr. Johnson was driving his personal vehicle as fast as 98 mph on State Rt. 19 on his way to the fire station in Oak Harbor just seconds before he crashed into the rear of Ms. Duty's car at Portage River South Road” (Feehan, 2012, para. 6). The posted speed limit on Portage River South Road was 55 mph at the time of the accident (Curt, 2012). The defense alleges that Firefighter Johnson was using his lights and sirens and that Ian Huffman was not wearing a seatbelt at the...
The plaintiff’s attorney deposed Timothy Foster, who at the time of the accident was a student at Jacksonville State University in Jacksonville. His story in the deposition was the same as the one he has given me in our conversations. He had been working and was returning to his apartment to pick up a Christmas gift before going home to Georgia for the holiday. He says he was very tired and recalls only seeing a green light and then hitting the plaintiff’s vehicle with his. He never alleged the plaintiff ran a red light, only that he saw a green light as he approached the intersection and proceeded to travel in that direction. The implication was he thinks he may have dosed off. He stated he had never been involved in an accident
On Sunday, April 13, 2014 at approximately 0600 hours, I received a call from Cpl. D. Kuszaj to respond to North Duke Street and Horton Road in reference to a serious injury crash involving a vehicle and a motorcycle. Upon arrival, I was met by Cpl. Kuszaj and Master Officer D. Frey. Master Officer Frey informed me that a motorcyclist traveling north on North Duke Street collided into a Dodge Dakota which was traveling west on North Duke Street leaving the public vehicular area (pva) of 3804 North Duke Street BP Station.
On December 27, 2015, I, Deputy John Arnold, was dispatched to the area of Pine Hill Road and Highway 48 in Creek County in reference to an auto collision. Creek County Dispatch advised that a male person was walking around near the car bloodied. I spoke to Trooper Bobby Rains and he requested that I go to the scene till he arrived. While en-route to the collision Creek County Dispatch advised that prior to the collision the two occupants of the vehicle were involved in a physical altercation at a residence off of Pine Hill Road. Creek County Dispatch advised the vehicle crashed after leaving the residence.
On 11/18/2016 at approximately 2231 hours, I was notified by Corporal L. Rivera #143648 of a traffic crash with injuries on Sligh Avenue East, east of 56th Street North, involving a Hillsborough County Sheriff's Office unmarked Dodge Charger patrol vehicle and a Honda Accord. Upon arrival, I observed the vehicles at final rest in the roadway with the Honda on its roof and the Dodge facing to the east in painted center median. The driver and passenger of the Honda were transported to Tampa General Hospital at the request of the driver for precautionary reasons. The driver and passenger of the Dodge were on scene and had no injuries. I observed the Honda at final rest in the westbound lane, facing in the east direction.
Paramedics on scene took both passengers of the vehicle to a local hospital for treatment for possible rib fractures, concussion and disorientation. The driver’s head struck the side window, causing a cut. There were several witnesses to this event and three of them made statements to the military police. Both passengers of the vehicle have currently filed suit against the company for compensatory damages. Compensatory damages are intended to provide relief to the affected individuals.
“In the front seat was Gregg, driving, Sarah, in the middle, and Robyn, on the passenger side. In the rear seat was Jeff, behind the driver, Haley, in the middle, and Rachel, on the passenger side. EVERYONE was wearing their SEAT BELTS, as is our family habit. EVERYONE walked away from this accident with only bruises. The only blood was Robyn had small nicks from glass in a couple of places on her right arm and right leg.
At this point we could tell there was still occupents inside of the vehicle. At this point we put on the the hazards and get to the vehicle as soon as possible. Hixson, Creager and myself exitted Negrons car and made our way to the totaled vehicle to check the statues of the occupants and find a way to get them out as safely and as fast possible. Hixson dirrected to the passanger side of the vehicle and started trying asking if the older gentlement was okay, while trying to find a way in. Creager and myself dirrected to the driver side of the vehicle. Creager started working on the door trying to open it up while myself started tending to the driver of the vehicle. I started to ask him simple question to test his situational awarness of the accident and to see where he could be injuried and if
I’ve got some questions and would like to go over what happened at the accident.” Officer Daniels had explained what happened at the scene of the accident. Tiffany’s blue sedan was traveling down the I-5 South when a car crossed the center line and hit the guard rail, spinning it around to collide with Tiffany’s car head on. It looked like Tiffany tried to stop and swerve but there was no escaping it.
to six individuals in the parking lot that look as if they are going to start
Before I know it, we’re involved in a car accident. The other driver involved was not paying attention to the traffic signals and failed to stop at a red light. At the rate, we were going and the slippery roads cause Ben to spin out of control as soon as he hit the brakes it was too late. Thank goodness everyone involved were wearing their seatbelt, as it was a habit for me to put it on every time I get in a car.