San Diego Personal Injury Lawyer Blog

UNION-TRIBUNE Reporter Dean Calbreath reported that the driver of a North County Transit District bus and six passengers were injured on August 28, 2010, when a pickup truck entered their lane and collided with the bus. The accident happened on North Lake Wohlford Road near Valley Center Road at around 2:00 p.m.. According to California Highway Patrol Sergeant Scott Payson, the truck, which was traveling southbound, swerved into northbound lanes and struck the bus causing moderate damage. The driver of the truck was uninjured, however the driver of the bus and several passengers were transported to the hospital by ambulance. The truck driver is suspected of being distracted, possibly by a cell phone.

Applicable California Law

California Vehicle Code 21651 makes it illegal to cross over a barrier, or double yellow lines, unless designated to do so. Moreover, California Vehicle Code 32123 requires hands free use of cell phones while operating a vehicle. Since Lake Wohlford Road is divided by double yellow lines at the location of the accident, the driver of the truck, crossing into oncoming traffic, would be in a violation statute. Furthermore, if the truck driver was using a cell phone without a hands free device, in addition to being distracted, would also be a violation. Thus, the truck driver would be responsible for the damage to the bus as well as its occupants. The question being, with seven potential injury claims does the truck and or the driver carry adequate insurance limits?

Having traveled Lake Wohlford Road on several occasions, and having represented several individuals who were injured in accidents on that road, I know how treacherous it can be. It is primarily one narrow lane in each direction, which makes driving extremely hazardous. The danger of accidents resulting in serious injuries is even greater when trucks, buses, or autos are involved. If you, or someone you love, has been seriously injured by a careless driver, talk to an experienced personal injury attorney.

San Diego NEWS 6 reported that a woman was seriously injured when a dump truck ran a red light and collided with her vehicle. The accident occurred at around 9 a.m., at the off-ramp of state Route 163 at Kearny Villa Road, according to San Diego Police lieutenant Andra Brown. The unnamed 39-year old woman, who is a Clairemont resident and was driving a 2003 Toyota Corolla, was taken to a local hospital with major injuries.

Applicable California Law

California Vehicle Code 21453 requires the driver of a vehicle, when approaching a red signal, to stop before entering an intersection. In this particular case there is an allegation that the dump truck ran the red light, and the Toyota entered the intersection on a green light. However, without independent witnesses, liability will be determined by each party's statement of facts. If there are conflicting statements, then the location of the vehicles relative to the intersection, phasing of the traffic signal, and the points of contact on the respective vehicles, could be used to determine liability. Analyses by experts on accident reconstruction and human factors will be used, if liability cannot be determined by the parties' or witnesses' statements.

When large vehicles, such as dump trucks, are involved in accidents, usually serious injuries result to one or more of the parties involved. Auto accidents, truck accidents, or any accident resulting in serious injuries, can be a life changing event. Before any action is taken by the injured victims, talking to an experienced personal injury attorney is critical.

San Diego NEWS 10 reported that 35-year-old Carlos Martinez, the driver of a Jeep Cherokee, was arrested for felony drunk driving after he drove into a bus stop on August 19, 2010 injuring a 15-year-old boy. The truck accident happened at around 6:45 a.m. at the corner of Plaza Blvd. and Palm Ave., in National City. The unidentified boy was run down and sustained multiple injuries including broken bones and was hospitalized. There were no skid marks at the scene to indicate that Martinez made any attempt to break prior to hitting the boy.

Applicable California Law

In addition to criminal charges, Martinez will be liable for the teen's personal injuries (see my prior Blog post for DUI law). According to numbers compiled by the National Highway Traffic & Safety Administration, around 250,000 people have died in the past decade in the U.S. as a result of alcohol-related crashes. That's about 25,000 deaths annually. Car crashes are the leading cause of death for young Americans between the ages of five and 35; of fatal crashes involving young people, at least 50% have involved alcohol or drugs. Over 700,000 people a year are injured in alcohol-related crashes. Young people (between the ages 16 and 24) are much more likely to drive under the influence than are adult Americans (ages 24 and up). Although only one in every five drivers on the road is between the ages of 16 and 24, more than 40% of all DUIs involve drivers in this age bracket. In 2007, Hispanics (45.9 %) represented the largest ethnic group among DUI arrestees.

Although statistics indicate an overall decrease in DUI related deaths and injury accidents, they are still a daily occurrence. Auto accidents, truck accidents, and bus accidents involving the use of alcohol or drugs generally have grave consequences. If you or a loved one has sustained serious injuries due to a DUI driver, call an experienced personal injury attorney.

UNION TRIBUNE Reporter Pauline Repard reported that drunk driving is suspected in a fatal car accident that occurred on west bound state Route 78 on August 13, 2010 in Vista. The accident happened just west of Sycamore at around 12:30 a.m.. 23-year-old Erica Oliva of Fallbrook pulled her Nissan Altima to the side of the road because one of her passengers was getting sick. The driver along with two passengers, Susana Orozco a 23 year-old woman from Escondido, and coworker at Valley View Casino, and Omar Guzman of Oceanside, exited the vehicle just before it was hit. Omar escaped injury when he stepped away from the vehicle just prior to it being hit by a Jeep Cherokee, driven by 33-year-old Debbie Sumi of San Marcos killing the two woman and injuring 21-year-old Gerardo Cortez of Oceanside who was still sitting in the Nissan.

According to CHP officer Eric Newbury, Sumi was thrown from her vehicle, because she was not wearing a seat belt, and suffered major injuries. Her 34-year-old passenger from Orange, was crushed and killed when the Jeep overturned. "We've had a lot of fatalities from DUIs," Newbury said. "It's a tragedy. Only when something like this happens is there an outrage. All the people who died today, we can't bring them back." Sumi was arrested at the scene, on suspicion of drunk driving and felony vehicular manslaughter, before she was transported to a local trauma center.

Our condolences go out to the friends and families of the deceased.

Applicable California Law

In addition to criminal charges, Sumi will be liable for the wrongful death and personal injury to the victims and their families (see my prior Blog post for the law on drunk driving). The heirs of the driver of the Nissan, her passenger, and the passenger of the Jeep will have claims for wrongful death against Sumi (see my prior Blog post on wrongful death law). The heirs of the passenger in the Jeep might also have products liability claims against the manufacturer and distributer of the Jeep ( see my prior Blog post on products liability law). Sumi might be liable for punitive damages if her conduct amounted to gross negligence (see my prior Blog post on punitive damages). Cortez will have a claim for his personal injury, and possibly Guzman, if he was traumatized by almost being hit by the Jeep, and or if he was related to one of deceased and witnessed their death (see my prior Blog post on negligent infliction of emotional distress).

It seems that drunk drivers causing serious accidents are a daily occurrence. Drunk driving is one of the leading causes of auto accidents, motorcycle accidents, and pedestrian accidents. They usually result in wrongful death, or catastrophic injuries such as spinal injuries, causing paralyses or brain injuries. In these cases calling an experienced personal injury attorney is crucial.

NBC SAN DIEGO reporter, Lindsey Hood, reported that two vehicles, both filled with students and coaches from Southern California, were involved in a fatal head-on collision on the evening of August 9, 2010. The accident occurred on US 395, just outside of Bishop, when a SUV with 5 former students from Cathedral Catholic High School in Carmel Valley, crossed over into oncoming traffic and hit a van which carried 12 students and a coach from California Baptist University in Riverside. Coincidentally both vehicles were coming and going from a high-altitude camp for cross-country runners in Mammoth. The driver of the van, 35-year-old Wendy Rice and two passengers in the SUV, Amanda Post and Natalie Nield, were killed. SUV passengers Drew Delis and Derik Thomas of Encinitas, as well as 12 people in the van suffered major injuries, and were transported to local hospitals.

Our deepest sympathy goes out the families and friends of the deceased.

Applicable California Law

California Vehicle Code 2651 prohibits crossing into oncoming traffic when a road is divided by double yellow lines. The news accounts do not identify the driver of the SUV, who would be responsible for the wrongful death of the three woman, and the injuries to the passengers of both vehicles (see my prior Blog Posts for the law on wrongful death). Because of the number of fatalities and injured, it will be crucial to ascertain if the responsible parties had sufficient insurance coverage. It is not clear who owns the van, and if it carried any underinsured motorist coverage, as it would be the primary coverage for its occupants. Hopefully all involved have their own coverage to adequately compensate them for their injuries or losses.

Having traveled that stretch of US 395 on many occasions, I know how treacherous it can be. In many places there is only a single lane in each direction, little or no lighting, and limited passing in designated areas. Drivers often cross onto oncoming traffic to pass slower vehicles, causing auto accidents, truck accidents, and motorcycle accidents. Talking to an experienced personal injury attorney before taking any action is critical.

THE ASSOCIATED PRESS reported that an Arizonian family's private plane crashed on August 2, 2010, at around 1:00 p.m.. The Crane family was on their way home to Scottsdale after visiting family in San Diego. The family's Velocity XL-RG6, a single engine plane, had taken off from Montgomery Field when the pilot, George Crane, radioed that a door was open and he was turning back. Crane attempted to go to Kearney Mesa airport to make an emergency landing, but crashed at the Admiral Baker Golf Course.

Federal investigators from the National Transportation Safety Board (NTSB) are investigating the accident to determine the cause of the crash, and if the plane door, discovered a mile from the crash site, was a contributing factor. Investigators will also look at other factors such as, the doors hinges, latch mechanism and if the plane was carrying excess weight. Tom Little, an air and safety investigator for the NTSB, stated that they will examine the wreckage later this month to make determinations as to the cause of the crash, and whether the door may have hit the plane's engine, and or propeller.

The tragic accident caused the death of Lori Crane and her 8-yeat-old son, Austin. George Crane and his two other children, 11-year-old Summer and 10-year-old Tia, are in critical condition at local hospitals. Our condolences go out to the Crane family and friends for their loss. We also wish a speedy recovery to the injured family members.

Applicable California Law

The Crane family will have potential wrongful death, and survivor actions against the manufacturer Velocity Inc. ( see my prior Blog posts for the applicable laws). These claims, as well as the personal injury claims of George and his daughters, will be based on products liability theories (see my prior Blog posts on products liability law). Other factors, such as comparative fault, must be considered. Was the door improperly secured before takeoff? Was the plane, which was built from a kit, properly constructed? Was the plane carrying too many passengers, or excess weight? All of these factors could affect the value of any potential claims.

The loss of life and catastrophic injury always changes the lives of the families who are touched by these tragedies. Defective products that cause plane crashes, auto accidents, motorcycle accidents, and result in wrongful death, serious spine injuries, or brain injuries, are devastating. Seeking the counsel of an experienced personal injury attorney can make the difference in obtaining justice for the injured and their families.

SAN DIEGO NEWS 10 reported that 48-year-old Timothy Allen of Escondido, suffered a heart attack on July 2, 2010 causing him to hit a motorcyclist. Allen was southbound on I-15 at around 3 p.m. when he lost control of his truck, hit a motorcycle, and swerved through the center divider. He was pronounced dead at the scene from heart failure. The motorcyclist, who was not named, was taken to a local hospital for treatment of injuries.

"Research shows that more than half of all motorcycle crashes are caused by other vehicles violating the right-of-way of a motorcyclist," said Sean Maher, AMA director of state affairs.

Over two-thirds of car-motorcycle crashes, and nearly half of all motorcycle crashes are caused by drivers, not by motorcyclists. Of the 1,319 fatal car-motorcycle crashes in 1999, 38 percent involved another vehicle violating the motorcyclist's right-of-way by turning left while the motorcycle was going straight, passing, or overtaking the vehicle.

Applicable California Law

California Vehicle Code 22107 requires the driver of a vehicle to stay within their lane, unless a lane change can be done safely. In this instance, although Allen lost control of his vehicle due to a heart attack, his estate would still be liable for the motorcyclist's injuries. Allan's auto insurance company would still be responsible for any damages up to his policy limits, and would have to defend any law suite on behalf of his estate.

Accidents resulting from uncontrollable circumstances are common occurrences. Motorcycle accidents, auto accidents, or any accident can occur due to carelessness, recklessness, or random circumstances resulting in serious injuries. If you have been injured, talk to an experienced personal injury attorney.

NORTH COUNTY TIMES Reporter Morgan Cook reported that 56-year-old, Manuel Moreno of Valley Center, died on July 27, 2010 while working at his job at Evergreen Nursery in Oceanside. According to Oceanside police officer Ernie Thibodeaux a co-worker found Moreno trapped in a conveyor belt of a soil-filtering machine. The accident happened between 8:15 a.m. and 9:00 a.m. when he allegedly slipped while jumping from the machine to a tractor he had been using. Apparently his arm got caught between the conveyer belt and a wheel of the machine, causing him to be pulled forward and trapping him against the machine until he stopped breathing. He was dead when officers arrived at the scene shortly after the incident was reported. He is survived by his daughter, son, and other family members.

Our condolences go out to the Moreno family and friends.

Applicable California Law

It is not clear exactly how Moreno's arm got caught in the machine. However, if the machine did not have safety devices such as guard rails, or an emergency shut off mechanism, there could be a potential products liability claim. Products Liability claims are based on various legal theories including negligence, strict liability, or breach of warranty of fitness. They can arise out of design defects, manufacturing defects, or marketing defects such as inadequate/failure to warn off dangers. All parties in the chain of distribution from the manufacturer to distributers, to name a few, can be held liable. In this particular instance, a thorough investigation of the accident, including a scene investigation by an accident reconstruction/ human factors expert and mechanical engineer who is familiar with these types of machines, would be required to evaluate the merits of any claims. I would refer you to my prior Blog posts relating to the law on survivor action, wrongful death claims and how workers compensation law would apply.

Tragedy can strike at any time resulting in serious injury or wrongful death. Work related accidents arising out of auto accidents, truck accidents, construction accidents, or other job related injuries can be devastating. Having your case promptly reviewed by an experienced personal injury attorney is critical.

NORTH COUNTY TIMES reporter Morgan Cook reported that an auto accident on July 23, 2010 resulted in the death of Yazmin Rodriguez the 18-year-old driver of an automobile that was hit by a truck. According to police the accident occurred around 9 p.m. at the intersection of Escondido Blvd and Center City Parkway. The teenager, who was attempting to make a left turn onto Center City Parkway from a stop signal on Escondido Blvd, was hit by a pick up truck being driven by a 37-year-old man. The driver of the truck was injured when his truck rolled over and the collision caused the death of the teen driver, and injuries to her passenger.

Applicable California Law

California Vehicle Code Section 21804 requires the driver of a vehicle who is entering a highway to yield the right of way to any vehicle that is approaching and is close enough to pose a risk. At first blush, without additional facts, it would seem that the young woman was at fault for not yielding the right of way to the truck. However, if the truck driver was speeding or was inattentive, he could be partially at fault for causing the accident. The driver of the truck would have a claim against the woman's estate for property damage and personal injury, which would be reduced to the extent he contributed to causing the accident, if at all. If the truck driver was partially at fault the woman's heirs would have claims, under a survivor action and wrongful death (See my prior Blog posts on survivor actions and wrongful death). The passenger, in the woman's vehicle, could pursue bodily injury claims against her estate and possibly against the driver of the truck.

Vehicular accidents involving young drivers are very common, as generally young drivers do not have a great amount of experience. Auto accidents, truck accidents, and motorcycle accidents involving young drivers are usually caused by inattention or bad decisions. If you or someone you know has been seriously injured or whose loved one has been tragically killed, talk to an experienced personal injury attorney.

East County Magazine reported on July 18, 2010 that a 65-year-old pedestrian was struck by a hit-and run driver in the College area of San Diego. The victim was found lying in the street around midnight on the 6400 block of Alvarado Road. Police reported that the 57-year-old driver of the hit-and run vehicle, who had been drinking, returned to the scene and admitted to having struck something. Further investigation determined that she was the one who had struck the victim, who was transported to a local trauma center and diagnosed with multiple injuries including a broken leg and brain injury.

Drunk driving in California is on the rise, and is increasingly becoming a problem for law enforcement, motorists, cyclists, and pedestrians (see my prior Blog post San Diego Woman Arrested For Fatal Coronado Traffic Accident for further details).

Applicable California law

California Vehicle Code 20001 details the requirements and penalties for drivers involved in vehicular accidents resulting in personal injury. California Vehicle Code 23152 prohibits driving while under the influence of alcohol. The driver of the vehicle will likely be charged with both offenses. The issue, which is of the greatest concern, is whether she has sufficient insurance coverage or other assets to adequately compensate the victim. In this particular instance, the pedestrian having sustained a broken leg and brain injury resulting in bleeding of his brain, will have tens or hundreds of thousands of dollars in medical expenses. In addition, the man will most likely have significant, and possibly life long residual physical and psychological challenges, from his injuries requiring ongoing treatment.

Pedestrians, in particular, are at great risk from inattentive motorists. This is further aggravated when drivers are intoxicated. Car Accidents, Truck Accidents and Bus Accidents involving pedestrians in most cases result in catastrophic injuries or death. Victims or their loved ones should seek the counsel of an experienced personal injury attorney.

UNION TRIBUNE Staff Writer Susan Shroder reported that an unnamed 21-year-old man lost control of his motorcycle causing a collision with another motorcycle rider. The accident happened on July 16, 2010, at around 6:25 p.m., on Carroll Canyon road near Businesspark Avenue, according to officer David Stafford. The southbound Harley-Davidson's diver, allegedly traveling at a high rate of speed, lost control and the bike slid into another Harley-Davidson, being driven by a 25-year-old man heading northbound on Carroll Canyon. Both riders were taken to local trauma centers to be treated for serious injuries, according to Stafford. The incident is under further investigation by the department's Traffic Division, to determine if charges may be filed in the future.

According to CHP's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 16 fatalities and 355 injuries involving motorcycle accidents in San Diego. In San Diego County as a whole, 51 people died and 1,081 were injured as a result of motorcycle accidents during thesame year.

Applicable California Law

Criminal penalties can be imposed on the speeding driver under California Vehicle Code 22350 and possibly reckless driving causing bodily injury in violation of Vehicle Code 23104. Furthermore, potential civil liability for bodily injury including medical bills, loss of earnings and earning capacity, as well as compensation for pain and suffering can be claimed. If the conduct of rider, who was responsible for the accidents, is deemed to be gross negligence, punitive damages can also be claimed.

Driving a motorcycle gives one a great sense of freedom and exhilaration. Teenagers and young adults are tempted to push the limits when riding causing motorcycle accidents, auto accidents, and truck accidents. This usually results in serious injury and or wrongful death. Evaluation of your case by an experienced personal injury attorney before any action is taken is the key.

Union Tribune writer Susan Shroder reported on a previous story involving a fatal traffic accident that occurred in April. A San Diego woman named Melanie Rebecca Flores was arrested on June 30 for suspicion of murder and driving under the influence. Her actions caused the death of Stevens Benjamin Friedman, and injury of two others on the Silver Strand in Coronado.

Flores was incarcerated and is at Las Colinas Detention Facility for allegedly being intoxicated when she hit two vehicles at 2:10 p.m. on April 21 (See my previous blog post, titled San Diego Man Fatally Injured In Three Vehicle Auto Accident In Coronado).

Applicable California law

California Vehicle Code 23152 makes it illegal to drive while under the influence of alcohol or drugs. Driving under the influence (DUI) remains one of the leading traffic safety concerns in California. According to the Statewide Traffic Records System, in 2008 alone, there were 790 people killed in collisions in California where the primary collision factor was DUI. There were more than 217,000 DUI arrests by law enforcement agencies, statewide in 2008. In many cases, after the arrest, some individuals fail to appear in court to be held accountable for their actions. Law enforcement agencies are making great efforts to bring these offenders to court by serving warrants on these offenders. Unfortunately, many of them are repeat offenders who pose the greatest danger to the public.

Drunk and impaired drivers fail to appreciate the danger that they pose to themselves and others. They are a primary cause of auto accidents, truck accidents, and accidents involving motorcycle and off-road vehicles such as ATV's. If you or someone you know are the victim of a drunk or impaired driver, an experienced personal injury attorney can help you get the justice you deserve.

SANTA BARBARA INDEPENDENT reporter, Tyler Hayden, reported that Verizon has agreed to settle a wrongful death law suite for $7 million for the death of 49-year-old, Jose Vega, a Santa Barbara Housing Authority employee. The law suite arose out of a September 23, 2009 accident involving Mark Selander, a Verizon employee, who was driving a Verizon truck the wrong way on Highway 101 when he hit Vegas minivan head-on. Mr. Selander was suffering from a diabetic reaction when he got on the highway causing a six car accident. Verizon had knowledge of Selander's "condition" but failed to do anything about it. He was also sleep deprived after working the graveyard shift when the accident occurred.

Applicable California law

Mr. Vega's heirs, his wife Reyna, children and grandchildren will share in the settlement proceeds. Please see my prior Blog post on wrongful death law. Under a legal concept sometimes referred to as "respondeat superior" (Latin for "Let the superior answer",) an employer is legally responsible for the actions of its employees. However, this rule only applies if the employee is acting within the course and scope of employment. In other words, the employer will generally be liable if the employee was doing his or her job, carrying out company business, or otherwise acting on the employer's behalf when the incident took place. The purpose of this rule is fairly simple: To hold employers responsible for the costs of doing business, including the costs of employee carelessness or misconduct. If the injury caused by the employee is simply one of the risks of the business, the employer will have to bear the responsibility. In this case Verizon allowed Selander to continue to drive their trucks despite their knowledge of prior diabetic reaction incidents. Depending on the circumstances, Verizon could have been subject to punitive damages.

The loss of a husband, father, or grandfather is devastating. A settlement or jury award in any wrongful death case is merely an attempt at compensating the injured for a loss that is impossible to adequately compensate. The loss of a loved one in a auto accident, truck accident or work accident requires the counsel of an experienced personal injury attorney.

NORTH COUNTY TIMES reporter Sarah Gordon reported that four people were injured, during the annual Fourth of July firework show at Bradley Park in San Marcos, on Monday. An errant firework shot sideways into a crowd of spectators who were watching the show. One man was taken to Palomar Medical Center for treatment for burns and three others were treated at the scene for minor injuries, said Jenny Peterson a spokeswoman for the city. Pyro Spectacular, one of the largest and oldest fireworks producers who had been putting on the show for the city for the last four years without incident, has had no comment so far. The city has hosted the show with the support from community donations for twenty-five years without any major incidents, said Peterson.

Applicable California Law

As a general rule government entities are not responsible for the acts of independent contractors, unless it involves a duty that can not be delegated. In this particular instance the city would most likely be immune from liability. However, if the injuries are severe enough, a timely claim should be filed with the city to preserve any potential claims, if any. With regard to Pyro Spectacular, generally the city would require adequate insurance coverage and or bond to cover any damage or injuries. Although the incident is still under investigation, even if the exact cause of the accident is never determined, the legal concept of res ipsa loquitur, latin for the thing speaks for itself, would create a rebuttable presumption of negligence . This rule of evidence states that the elements of duty of care and breach can be sometimes inferred from the very nature of the accident, even without direct evidence of how any defendant behaved. If the required elements can be proven Pyro Spectacular would be responsible for the damages.

Independence Day like most major holidays brings people together to celebrate. Large gatherings, people traveling and partying usually results in higher incidents of auto accidents, premises accidents or other mishaps. Serious accidental injuries require the advice of an experienced personal injury attorney.

UNION TRIBUNE staff writer John Wilkens reported that 48-year-old Bradley Eckhardt of Temecula died on July 4, 2010 while riding his motorcycle in Valley Center. Eckhardt was riding his Yamaha 350 southbound on Lilac Road, at around 10:30 a.m., when he lost control of his motorcycle, and collided into a Dodge Ram 250 which was pulling a loaded horse trailer. The cause of the accident is still unknown, and is under investigation.

Our condolences go out to the family and friends of Mr. Eckhardt.

Applicable California Law

If Eckhardt lost control of his motorcycle due to a defective road condition, or someone else's negligent conduct, his heirs would have potential wrongful death claims (see my prior Blog Posts for the wrongful death law). It is unclear if the driver of the truck contributed to causing the accident. However, if the truck driver was injured, he or she would have personal injury and property damage claims including injury to the horses against Eckhardt's estate. If the truck driver was found to have contributed to causing the accident, any claims would be reduced proportionately.

Valley Center has experienced significant growth in recent years, but is still fairly rural compared to other parts of San Diego county. Single lane winding roadways, added traffic congestion, and other hazards greatly increase the potential for motorcycle accidents, truck accidents, and auto accidents resulting in serious injury or death. If you have lost a loved one or have been seriously injured by someone's carelessness talk to an experienced personal injury attorney.