San Diego Personal Injury Lawyer Blog

USA TODAY Reporter Bob Riha, Jr. reports that a new study by the Insurance Institute for Highway Safety (IIHS) shows a 37% decline in fatal auto accidents involving drivers over 70-years-old. The 9-year-study between 1977 and 2008 showed a greater decrease in accidents involving seniors as compared to a 23% decrease in drivers age 35 to 54. With more seniors on the road you would think that the incidence involving seniors would be on the rise.

"The stats are running counter to what most researchers thought would happen," says IIHS spokesman Russ Rader. "Ten years ago, we predicted that we were going to have a problem with the elderly and automobile crashes; however, the opposite is occurring." The new statistics are thought to be related to seniors taking better care of themselves, driving more carefully, exercising more common sense, driving less, and advances in auto safety equipment.

Applicable California Law

I would refer you to my prior Blog posts regarding the laws relating to elderly drivers.
San Diego Elderly Drivers Speak Out About "Pedal Misapplication," which is one of several I have written on this issue.

Elderly drivers get a bad rap for being poor drivers, thus causing auto accidents, pedestrian accidents, and wrongful death. The latest studies will hopefully lessen the stigma and perception of seniors being hazardous drivers. If you, or someone you know, has been injured in an accident due to someone else's carelessness talk to an experienced personal injury attorney.

UNION TRIBUNE STAFF WRITER Kristen Davis reported that 2-year-old Jovani Louangxaysongxham of Southcrest was killed on June 18, 2010, when he ran into the path of a Allied Waste Services truck. The toddler, who was just one month shy of his third birthday, was being put into the family vehicle by his mother, when he ran across 43rd Street to greet his father and was hit by a truck, said Lt Ken Hubbs. The truck was traveling north on 43rd Street when the passenger in the truck alerted the driver, who was unable to avoided the child. Jovani went under the vehicle and was struck by its rear wheels, he was pronounced dead at the scene.

The tragedy was compounded when the boy's father and uncle attacked the truck driver requiring police to intervene. The uncle punched the officer in the head knocking him unconscious, the officer was treated at the hospital for head injuries and a cut over his left eye. The uncle was arrested.

Our deepest sympathy goes out to the Louangxaysongxham family and their friends.

Applicable California Law

The uncle will face criminal charges for attacking the truck driver as well as the police officer. In addition, he will be subject to civil liability for assault and battery for each attack as well as potential punitive damages (see my prior blog posts regarding punitive damages.) The officer would also have a potential workers' comp claim. Although the boy's father was not arrested, he still faces potential civil claims for the attack on the truck driver. Even though Jovani ran into the street, his parents could have a potential "survivor action" and wrongful death claims against the truck driver as well as his employer (see my prior Blog posts on the law regarding these issues.) Since California is a comparative fault jurisdiction, even if Jovani was the primary cause of the accident his conduct is held to the standard of a 3-year-old, and if the truck driver was inattentive, or otherwise contributed to causing the accident, the driver and his employer will be subject to claims for damages. Jovani's mothers conduct in supervising him at the time will also be a factor in accessing damages.

A beautiful afternoon turned into tragedy, and changed the lives of all who were involved. Pedestrian accidents, truck accidents resulting in brain injury, or wrongful death are devastating to those injured and their families. Talking to an experienced personal injury attorney is invaluable.

North County Times staff writers, Paul Sisson and Ray Huard, report that 33-year-old Hoa Lin, a letter carrier in Oceanside, died on June 3, 2010 from head injuries resulting from a dog attack. Lin suffered a fatal head injury when a Rottweiler lunged at him causing him to fall as he was delivering mail on his route on the 500 block on Stanley Street. Lin was found lying in the street around 4 p.m. on May 25 with a severe head injury, and was transported to Tri-City Medical Center, where doctors put him into an induced coma to try to control the brain swelling, said his wife Teri. He died on June 3, 2010 from "blunt head trauma" according to the coroners report. The San Diego Humane Society, who has the animal control contract for Oceanside, euthanized the dog at the request of its owner. The incident is under further investigation to gather more details about the incident.

Our deepest sympathy goes out to Teri Lin her children, family and friends.

Applicable California Law

I would refer you to my prior Blog posts regarding the applicable law relating to dog attacks, as well as damages in wrongful death cases, and cases involving work related injuries. In summary, Teri and her children would be entitled to workers compensation benefits, potential damages under a "survivor action" and under California's wrongful death statute.

The loss of any loved one is tragic, however when one is killed in the prime of his or her life, it is even more so. Teri and her three children ages 10-years-old through 5 months will have to adjust to the emotional, and financial loss of their husband and father. Wrongful death, brain injuries, or work related injuries can be complex to prove. When the time is right, advice from an experienced personal injury attorney can be crucial.

SAN DIEGO UNION TRIBUNE STAFF WRITERS Karen Kucher and Erin Noonan report that seven students and their bus driver were injured on June 9, 2010 when their bus lost control and rolled after being hit by a car. One student was airlifted to Scripps hospital in La Jolla, and the rest were transported by ambulance to local hospitals. The accident occurred at around 11:20 a.m. on North El Camino Real at or near North Douglas Drive in Oceanside.

According to Oceanside police Sgt. Jeff Brandt a white Toyota being driven by 81-year-old Betty Hoke pulled onto El Camino Real from the Laguna Vista mobile home park and merged into the bus' left rear wheel. "It looks like that person merged right under the bus, which sent the bus out of control," Brandt said. "A set of wheels went right over the top of the car. You can see the tire tread marks up over the hood of the car." School officials said the high school students on the bus were part of an cross-age tutoring program to help elementary students with math and reading.

Applicable California law

Hoke will be liable for the damage to the bus as well as the personal injuries to the bus driver and students for her violation of California Vehicle Code 21658, unsafe lane change, and other code violations, which caused the injuries. I would refer you to my prior Blog posts relating to the requirements on driver competency and age limitations. However, of particular concern is whether she has sufficient insurance liability limits to adequately compensate all of the injured. California's minimum bodily injury limits of 15/30 provides a maximum of 15,000 to any one claimant, and a total of 30,000 for all claimants in any given accident. Thus, depending on the nature and extent of the injuries, and the number of claimants, Hoke's insurance might not be enough to adequately compensate the injured. If the injured have their own Uninsured/Underinsured ( UM/UIM ) coverage with limits greater than the party at fault, their own insurance can be used to bridge the gap even when they are not driving, or riding in their or their family's vehicle.

When I meet with new or prospective clients, and review their insurance policies I am always shocked by how many people do not carry UM/UIM coverage, or have minimal limits. Unfortunately, there are times when attorneys can not help injury victims because there is either no insurance, or inadequate insurance coverage. Frequently the cases involving the most serious and compelling injuries, pose the greatest challenge. UM/UIM coverage is for the direct benefit of you and your family, so purchasing the highest limits you can afford, is not a luxury but a necessity. Car accidents, bus accidents, truck accidents involving large vehicles tend to have a high likelihood of causing serious injuries. Having adequate insurance coverage, and consulting with an experienced personal injury attorney when you or someone you know has been seriously injured is a necessity.

San Diego News 6 reports that Emily Knudson is being praised as a hero for calling 911 on June 1, 2010 when she suspected the driver of the bus she was riding on was intoxicated. She was a passenger on a North County transit bus traveling between Oceanside and Encinitas when she noticed the bus driver, 40-year-old David Costello, was driving erratically, appearing sweaty, making random stops, including once to relieve himself on the side of the road.

Deputy Brenda Weibe stopped the bus and administered several sobriety tests, which Costello failed, and was said to have a blood alcohol level of .25 which is six times the legal limit for commercial drivers. Deputy Weibe said, "His right eye was actually closed -- and when I asked him to open his eyes, they were red, they were blood shot -- swollen and droopy. His motor coordination was slow, his speech was slow and slurred." Costello was taken into custody and transported to Vista jail.

Applicable California Law

Costello will face numerous criminal charges including driving under the influence and most likely reckless endangerment to name a few. However, had he caused an accident, he would also face potential claims for property damage, and or personal injury. Given his blood alcohol level, punitive damages for gross negligence could also be claimed. In addition, since Costello was in the course and scope of his employment, the North County Transit District would also be responsible for any damages. I would refer you to my prior Blog posts for the claims reporting requirements relating to public/government entities, as well as when employers can be subject to punitive damages for the acts of their employees.

Emily Knudson averted a potential catastrophe by alerting the authorities, which could have resulted in serious personal injury, or wrongful death to the passengers of the bus, pedestrians, or other motorists. Bus accidents, auto accidents, motorcycle accidents involving drunk drivers are far too common. In addition, route 309 is heavily traveled by bicycle riders, who are at great risk of serious injury. Being a resident of north county, the safety of my family, neighbors, and friends were at risk. Sometimes fate can put us in a harm's way, so when serious injury, or wrongful death touches our lives, the guidance and support of an experienced personal injury attorney is invaluable.