Another Orange County, California personal injury lawsuit has been filed in the Huntington Beach traffic crash death that killed a baby in a crosswalk last. Caryl Johnson says she became permanently disabled and sustained emotional scars when driver Anthony Cesares crashed his Chevrolet Tahoe into Johnson's truck, which was stopped in front of the pedestrian lane at the intersection of Springdale Street and Croupier Drive. She is suing Cesares and the city of Huntington Beach for negligence.
Johnson's 2006 Toyota Tundra slammed into baby Ruby Rose Gould in her stroller, her mother Renee Gould, and her 11-year-old cousin Daisy Chuntz. The impact of the crash caused the nearly 4-month-old infant's body to be thrown some 40 feet. She died of head trauma. Meantime, her mother sustained a fractured vertebrae and her cousin Daisy broker her leg. Daisy's 7-year-old brother did not suffer physical injuries but he saw the crash happen. Ruby and her Mom, both Australian nationals, were in the US visiting family.
Police reports show that Cesares became distracted when his laptop, which was in the passenger seat, slipped out of its carrying case. As he quickly looked down to keep the laptop from falling to the ground, he failed to notice Johnson's vehicle in front of him.
Cesares's vehicle was moving at a speed of about 40 mph at the time. Although he stepped on the brakes, he could not stop in time. He has since pleaded guilty to involuntary manslaughter and his now on three years informal probation.
Ruby's loved one's have already filed their Huntington Beach, California wrongful death and personal injury complaints. Her parents spent three years trying to conceive her. Also named a plaintiff in Johnson's complaint is her husband Ronald, who is claiming loss of consortium because his wife is not able to performer her spousal duties and services.
Following the tragic Huntington Beach pedestrian accident, residents in the area complaint that the zone where it happened was not safe, poorly marked, and that vehicles drove swiftly through the area. If more could have been done by the city to ensure that the pedestrian lane was safer so that the collision that killed Ruby and injured her family wouldn't have happened, the city may owe damages over what happened.
Distracted driving is dangerous. Texting while driving, reading a magazine, talking on a cell phone, trying to calm down the dog in the back seat, picking up items that have fallen off the passenger seat can all cause serious injuries and deaths not just for the driver but for those that happen to be in the area should an accident happen. Motorists can be held liable for Huntington Beach personal injury if their distracted driving behavior hurts others. Sadly, these drivers likely never intended to do anything to hurt anyone. However, this does not mean there aren't real life consequences that they must deal with as a result of their actions.
Baby's crosswalk death sparks another suit, OC Register, September 29, 2011
Distracted Driving, US Department of Transportation
More Blog Posts:
Latest Orange County, California Claims Filed in Baby Pedestrian Death Blame Huntington Beach for Crosswalk Deficiencies, California Injury Lawyers, March 30, 2011
$40M Huntington Beach Personal Injury and Wrongful Death Claims Seek Damages From City Over Fatal Orange County, California Pedestrian Accident that Killed 3-Month-Old Girl, California Injury Lawyers, February 18, 2011
Number of California Car Crashes Not Going Down Despite Handheld Cell Phone and Texting while Driving Bans, Says HLDI, California Injury Lawyers, January 13, 2011