San Diego Personal Injury Lawyer Blog

UNION TRIBUNE STAFF WRITER Keith Darce reported that the rehabilitation center at Scripps Memorial Hospital Encinitas sponsored the fifth annual Brain Injury Rehabilitation Conference at Scripps Memorial Hospital -La Jolla last weekend. The conference featured sessions on recent research efforts, emergency room care and sexuality after brain injuries. The keynote speaker was Lee Woodruff, wife of ABC News anchor Bob Woodruff, who suffered a traumatic brain injury in Iran in 2006 by a roadside bomb. Woodruff's presentation focused on the need for health care providers, who treat victims suffering from brain injuries, to be sensitive to the traumatic effect on pateints' family members. There is a great need for doctors, nurses and other care givers to reach out to family members who can be stricken by fear, anger and depression due to their relative's injury. The audience also included Nikki Schimmer, 35, who moved in with her parents in the Scripps Ranch area after suffering a brain injury when she fell out of a Jeep in Hawaii where she was working as a pastry chef. Her mother Lana Schimmer said "it has been difficult to watch her struggle day to day with trying to improve, yet she has been persistent in slow progress that is really miraculous to see."

A major problem has been getting Nikki's health insurance to pay for ongoing therapy with professionals, her mother said. Nikki's health insurance has cut off funding for the services she was getting at Scripps Memorial Hospital-Encinitas. This is not an uncommon problem with the rising cost of healthcare and insurance companies unconscionable onslaught on reducing or cutting off benefits, only adds fuel to the fire. In my many years of practice I have represented victims of traumatic brain injury and assisted their families in dealing with insurance companies whether health or liability insurance. Having the experience and incite in dealing with coverage issues is critical to getting the resources to assist them with the financial and emotional issues encountered by the injured and their families. The Brain Injury Association Of America is one of many resources to gain valuable information and guidance in dealing with brain injuries.

If a loved one or some one you know has been injured, getting prompt and accurate advice can make a big difference in the quality of life for someone with a traumatic brain injury. The added stress of dealing with insurance companies should be delegated to a professional. Contacting an experienced personal injury attorney can help in resolving the compelling issues often encountered by the injured and their families.

UNION-TRIBUNE staff writer Jose Jimenez reported that nine people were injured when a Mitsubishi Eclipse struck a Metropolitan Transit System bus on 3-24-10 at 3:40 p.m. in City Heights. The Eclipse was traveling south on 37th Street and ran through the stop sign at University Avenue. The car struck the eastbound bus carrying 40 passengers, said San Diego police Sgt. Ron Bailiff. The injured, who sustained spine injuries to their necks and backs, ranged in age from 18 to 55. Two were considered seriously injured and one was treated by paramedics at the scene. The driver of the car described as a man between 18 to 25 years old tried to leave but his car, which sustained major damage, stalled on 37th Street, Bailiff stated. The driver was then seen running north on 37th Street and has yet to be identified by authorities. An open container was found in his vehicle leading police to believe he was driving under the influence at the time of the incident.

Applicable California Law

If the driver of the Eclipse is identified he will face criminal charges for leaving the scene of the accident and possibly for driving under the influence of alcohol. In addition to being liable for the victims injury claims, if he was driving under the influence, he could be subject to punitive damages. If he can not be identified and the vehicle has a different owner, the owner of the vehicle could be held liable under a theory of permissive use, if the driver was driving with their permission. If the driver was the sole owner of the vehicle and is never found the injured victims would have to peruse uninsured motorist claims, if they have the benefit of such coverage. It is not clear if the bus driver contributed to the accident, however if the bus driver did contribute to causing the accident, claims with the MTS must be filed in a timely manner.

Auto accidents involving personal injuries caused by people driving intoxicated are far too common. Bus accidents resulting in spine injuries can be very complicated to handle for someone who does not know the law and the rules in pursuing claims against public entities. If you have been seriously injured in an accident, it is crucial that you get the proper advice and guidance from an experienced personal injury attorney.

UNION-TRIBUNE STAFF WRITER DEBBI BAKER reported that a 86-year old Ray Ehlers critically injured Miguel Rodriguez while he was loading plants into his SUV. The incident occurred in the parking lot of the Costco store on Morena Boulevard on Sunday 3-21-10 at about 3:00 p.m.. The driver was not charged but his license was taken away according to officials.

According to San Diego police Detective Dan Wall the elderly driver was backing his Cadillac out of a parking spot when he stepped on the gas instead of the brake. His vehicle zoomed backward, hit a car behind him and then hit the SUV knocking it sideways ejecting the victims children out of the vehicles open door. The Cadillac knocked the 40 year old man down and ran over him. The victim suffered severe personal injury including a broken pelvis, a punctured lung and internal bleeding. The children also suffered personal injury.

Applicable California Law

California has no maximum age restrictions on licensing drivers, however drivers are required to have basic competency to drive safely. The California Department of Motor Vehicles offers a special eight hour course for mature drivers over 55 years of age. The victim and his children would have personal injury claims against the elderly man which would include any property that was damaged, medical expenses, loss of earnings and earning capacity and compensation for pain and suffering. The children could have claims for negligent infliction of emotional distress for witnessing their father being run over which in addition to being ejected from the vehicle can be a very traumatic experience.

Auto accidents involving elderly drivers misapplying pedals are common. When they apply the wrong pedal they become confused or disoriented and continue to step on the gas instead of the brake, Wall said. Medical conditions and medications can both affect a drivers acumen, he said. As the population continues to grow older the issue of older driver competency will be of growing concern.

I know on a personal level that as my parents got older and progressively became less physically and mentally competent, I worried not only for their own safety but for others on the road. The loss of independence and autonomy for older people can be devastating psychologically and emotionally. The problem is, to coin a phrase not one size fits all, some relatively young seniors are poor drivers and other relatively older ones are very competent drivers. That is why guidance and advice from friends and family members of seniors is so crucial. However, as devastating and scary as the incident was for the elderly man, the victim and his children should seek advice from an experienced auto accident attorney specializing in personal injury law.

According to San Diego 6 News, four people were injured in an auto accident in Point Loma when a vehicle turning left on Talbot Street was struck by another vehicle coming down the hill causing it to roll over. San Diego Fire rescue crews responded around 2:45 p.m. and rescued two people trapped in the roll over vehicle. Two more people were also injured according to authorities.

Applicable California Law

Generally speaking any vehicle turning left has to yield the right of way to any vehicle approaching from the opposite direction that is close enough to constitute a hazard, California vehicle code 21801(a). It is not clear if the left turning vehicle saw the other vehicle, or how close it was before it started its turn. If the other vehicle that was coming down the hill in the opposite direction was doing so at an unsafe speed or if the driver of that vehicle was inattentive they could be partly responsible. This would reduce the value of any claims they would have. As to the passengers in both vehicles they would have personal injury claims against the left turn driver and possibly the other driver as well. However, if either passenger were a family member living in the same household as the driver of their vehicle they could be subject to a family exclusion under the drivers insurance policy. If a family exclusion was applicable they would be precluded from making any liability claim against their driver.

Any auto accident can be very scary especially when one of the vehicles rolls over. Roll over accidents have a greater propensity to result in spinal injuries, brain injuries or wrongful death. Issues relating to liability, causation , damages or insurance coverage can be difficult to establish and analyze. That is why if you have been injured in an accident it is crucial that you talk to an experienced personal injury attorney to get the information you need and know what your options are.

UNION-TRIBUNE STAFF WRITER Karen Kucher reported that two men suspected of drunk driving, 34-year-old Francis Rolan Samson Bueno and Emmanuel Zapien 23 were arrested following an accident that occurred on March 11, 2010 on southbound Interstate 805 near Market Street. Two hit-and-run drivers were also being sought for leaving the scene of the accident.

CHP officer Art Athans said the incident began about 1:50 a.m. when Bueno lost control of his 2008 Saturn and hit the center wall. Bueno's vehicle was blocking the southbound fast lane when it came to rest and was then struck by Zapien's 1998 Nissan Sentra when he was unable to stop in time. Firefighters had to help extract Zapien and his passenger because they were trapped in their vehicle.

A third accident occurred when a good Samaritan, 33-year-old Sean Franklen ran across the freeway to try to divert traffic from the accident site. While putting out flares to keep cars away from the fast lane he was struck by a hit-and-run driver. The hit-and-run vehicle is believed to be a white 2001 BMW, either a 330i or a 325.

A fourth vehicle collision occurred when Eduardo Michael Diaz, who was driving a 1996 Honda Civic hit another vehicle in backed up traffic that subsequently fled the scene. In all, five motorists suffered major injuries and were hospitalized.

Applicable California Law

In addition to civil liability for the accident if Bueno and Zapien were driving under the influence of alcohol they would face criminal charges as well. Zapien could pursue a civil claim against Bueno however, given the fact that he was driving impaired, would diminish the value of his claim to the extent he is found to be comparatively negligent. If Zapien's passenger knew that he was intoxicated at the time of the collision could constitute comparative negligence as well.

As to Franklen if the hit-and run driver's identity is not ascertained he would have to peruse an uninsured motorist claim with his own insurance company. It is not clear if his conduct contributed to his own injuries which could effect his claim. In addition if his conduct contributed to the fourth accident he could be partially liable. Although he was acting as a good Samaritan the California Supreme Court has held that only when rendering emergency medical aid is a good Samaritan immune from liability.

Since Diaz hit the vehicle in front of him it would seem that he caused his own injuries. Without additional facts it is not clear why the vehicle he hit fled the scene or if they contributed to that accident.

Auto accidents involving drunk drivers, hit-and run drivers can be very complicated as to causation and injuries. That is why advice from an experienced personal injury attorney is critical

According to ABC 7 News an unnamed man approximately in his 50's in a wheelchair was struck by an unnamed female motorist early Sunday morning. San Diego police officer David Stafford said the accident happened on the 2800 block of University Avenue at about 2 a.m..The man who was allegedly intoxicated was hit by a Honda sedan when he rolled into the street from between two cars. According to officer Stafford the man suffered serious injuries and was taken to a hospital.

National Highway Traffic Safety Administration statistics indicate that pedestrian accidents are on the rise. Pedestrian fatalities account for 11 percent of motor vehicle fatalities. Over 180,000 pedestrians have been killed in motor vehicle accidents between 1975 and 2005. Pedestrians comprise the second largest category of motor vehicle accident deaths following occupant deaths. On average, a pedestrian is injured in a traffic accident every 8 minutes.On average, a pedestrian is killed in a traffic accident every 111 minutes. In 2005 a total of 4,881 pedestrian were killed in motor vehicle accidents. In 2005, the per capita pedestrian death rate was 1.6 per 100,000 people.

Applicable California Law

Under these circumstances, at first blush it would seem that the man was at fault. However California is a comparative fault state which means that the woman driver could be partially at fault. If, under the circumstances she could have taken reasonable action to avoided the pedestrian or taken evasive action to minimized the collision a proportionate amount of liability could be attributed to her. This is an issue of fact that would require investigation and possibly additional facts would be disclosed during discovery if a lawsuit was initiated.

Often accidents can seem striate forward and uncomplicated to the average person. Some times people think that they are at fault, suffer serious injuries and don't appreciate that they could be entitled to compensation. That is why if you have been injured in a auto accident, motorcycle accident, bicycle accident, from a defective product or any accident caused by another person you should seek the advice of an experienced personal injury attorney.

According to sources at Emery University Phase III clinical trials using progesterone for the treatment of traumatic brain injuries (TBI) will start in March, 2010. The trials will be led by David Wright, MD, associate professor of emergency medicine at Emory University School of Medicine who discussed the progress in the use of progesterone for TBI at the American Association for the Advancement of Science in San Diego on Feb. 19, 2010. Earlier trials by Emory researchers found evidence that progesterone is safe for use in patients suffering from traumatic brain injuries. There was a 50 percent reduction in mortality and treatment improved functional outcomes and reduced disability in patients with moderate brain injury.

According to the Centers for Disease Control and Prevention every 15 seconds, someone in the United States sustains a significant traumatic brain injury. Approximately 2 million adults and children in the United States suffer from traumatic brain injuries each year- leading to 50,000 deaths and 80,000 new cases of long term disability."This is a health care crisis," Dr. Wright declared, "The most common cause for TBI in this country [used to be] motor vehicle collisions, but as [the population] ages, falls have overtaken vehicle collisions as the number one cause. ... There are a number of things we do clinically to try to prevent the brain from swelling, but the reality is that we have yet to develop an effective therapy for TBI." Despite the enormous problem there is no effective medication to improve outcomes following a traumatic brain injury. The positive results in prior trials using progesterone provides hope for individuals suffering from traumatic brain injuries and their families.

Traumatic brain injuries can result from a wide variety of different causes such as auto accidents, motorcycle accidents, bicycle accidents, slip and fall accidents or negligent medical care. The results can be devastating to the injured victim and their loved ones. Knowing which medical specialists, rehabilitation experts and other resources can be critical to a successful outcome for the injured person. That is why it is critical to seek the advice of an experienced personal injury attorney if you or someone you know has been injured in an accident.