San Diego Personal Injury Lawyer Blog

SAN DIEGO UNION TRIBUNE reporter Dana Littlefield reported that Kelley Fritz a 12-year-old Hemet girl, was killed in a head-on collision on September 25, 2010, at around 9:30 p.m.. The girl, who had been visiting family in San Diego, was a passenger in a 1956 Volkswagen Beetle, which was traveling on state Route 76 near East Vista Way, when her father Rudy Fritz,45, lost control and veered into oncoming traffic hitting a Buick. Both the victim and her father were not wearing seatbelts and were ejected from their vehicle. The teen was pronounced dead at the scene. Her father was airlifted to Scripps Memorial Hospital La Jolla and the driver and passenger of the Buick were taken to Palomar Medical Center for treatment. Mr Fritz was subsequently arrested on suspition of driving under the influence of drugs according to information from NORTH COUNTY TIMES reporter Teri Figueroa.

Our sympathy goes out to the teen's mother, family, and friends.

Applicable California Law

California Vehicle Code 21651 prohibits drivers from crossing into oncoming traffic unless making turns, as provided by the code, and only when it is safe to do so. Thus, Fritz would be liable for the wrongful death of his daughter as well as the property damage and personal injury to the driver of the Buick and his passenger (see my prior Blog post for the law on wrongful death). In addition, he could be subject to claims for punative damages for gross negligence (see mt prior Blog post for the law on punative damages). Kelley did not contribute to causing her own death given the fact that the Bug had no seat belts and was exempt due to it's age. However, there is a potential issue as to whether Kelley's death would be covered by her father's insurance. Most auto insurance policies have Family Exclusions which do not cover claims by family members living in the same household when making claims against each other. It is not clear if Kelley lived exclusively with her mother or also resided with her father.

A weekend visit results in the tragic loss of a young teen and injury to others. Serious injuries or wrongful death can result from auto accidents in which carless and or reckless driving is involved. Complicated issues require analyses by experts and advice from an experienced personal injury attorney.

SAN DIEGO NEWS 10 reported that four people were injured as a result of a high speed chase with a Carlsbad police officer on September 22, 2010. The incident began at around 1:30 p.m. when a Carlsbad police officer was investigating a report of a Honda accord being driven recklessly while its occupants were throwing debris at passing vehicles. According to Carlsbad Police Lt. Marc Reno, the 17-year-old driver of the Accord did not yield to the investigating officer and the pursuit began. The teen driver hit a sign on the off-ramp while exiting Interstate 5 at Carlsbad Village Drive and then hit a Jeep stopped at the light at Monroe Street. The woman driving the Jeep and one of the passengers in the Accord were transported to Palomar Medical Center. Two others, who sustained serious injuries were flown to Scripps Memorial Hospital in La Jolla. Further investigation will determine if drugs were involved, as drug paraphernalia was found in the Accord.

Applicable California Law

The driver of the Accord will face potential criminal charges for reckless driving, evading a police officer and possibly driving under the influence. In addition, he will be liable for any damage to property, personal injury to his passengers and the woman in the Jeep, as well as possible punitive damages for gross negligence ( see my prior Blog post for the law on punitive damages). If his passengers participated in, and or contributed to his reckless conduct, or contributed to causing their own injuries, their claims would be reduced accordingly. If the Carlsbad police officer followed their policy and procedure for high speed pursuit he and the city would be immune from any liability.

At times teenage drivers are reckless because they lack experience and maturity when driving. Their indifference to other vehicles on the road causes auto accidents, motorcycle accidents, danger to pedestrians and property. If you have been seriously injured, or lost a loved one, due to a reckless driver contact an experienced personal injury attorney.

EAST COUNTY MAGAZINE reports that a San Diego Sheriff was attacked by a pit bull on September 14, 2010 in Campo. The dog attack happened around 12:45 p.m. at 30031 Quail Road. Details are unknown other than the deputy, who sustained injuries, shot and wounded the dog after being attacked.

Applicable California Law

If the deputy was on duty at the time of the attack, he could file for workers compensation benefits for his injuries. In addition, the owner of the dog would be liable for the deputy's injuries (see my prior Blog post for the law relating to owner liability for dog bits). Furthermore, if the attack happened on someone else's property, who knew of the dog's dangerous propensities, they could also be held responsible for the deputy's damages.

Anyone can be attacked by dogs at anytime without warning. The attacks usually leave psychological as well as physical permanent scars. An experienced personal injury attorney can assist you in understanding your rights, filing claims, and ascertaining who should be held accountable.

SAN DIEGO NEWS 6 reported that 54-year-old David Bruce Menea was killed on September 11, 2010 while crossing the street on his bicycle. The bicycle/auto accident happened at around 8:50 p.m. when Mr. Menea was allegedly illegally crossing Main Street near Kalbaugh Street in Ramona and was hit by a Toyota 4Runner being driven by a suspected drunk driver. According to the CHP, the truck then swerved striking a stop sign, jumped an embankment, hit a parked car, and pushing it into a liquor store. Two occupants in the car and another in the store were injured. The CHP reported that 32-year-old Susan Reed the driver of the SUV was taken to Palomar Hospital, and then arrested on unspecified charges.

Our sympathy goes out to the Menea family and friends.

Applicable California Law

The driver of the SUV would be liable for any property that was damaged and injuries to anyone involved in the accident. In addition, if found to be intoxicated at the time of the accident, she will also face criminal charges (see my prior Blog posts regarding the law on driving under the influence). California vehicle Code 21200 gives the same rights and imposes the same duties on bicyclists as any other person operating a vehicle on the road. If the accusations that Mr. Menea was illegally crossing Main Street are accurate and his conduct contributed to causing his own death, then any claims by his heirs for wrongful death, or any "survivor action" would be reduced proportionately (see my prior Blog post for the law on wrongful death and "survivor actions"). As to the others who sustained physical injuries they would have potential claims for bodily injury including medical expenses, lost earnings and earning capacity, and compensation for pain and suffering against all parties found at fault for the accident.

A quiet Saturday Night turns into tragedy. Bicycle accidents and auto accidents can result in death or serious injuries that can change the lives of the injured and their families. Getting advice from a experienced personal injury attorney can help reduce the stress and worries associated with life changing events.

NORTH COUNTY TIMES Reporters Morgan Cook and Sarah Gordon reported that 61-year-old Roger Minx of Escondido was killed as a result of a car accident that occurred on September 10, 2010 while crossing the street in his wheelchair. The fatal auto accident happened around 7:30 p.m. as Minx was struck by an unnamed motorist while crossing East Valley Parkway at Fig Street. Minx was taken to Palomar Medical Center with multiple injuries and internal bleeding. He died in the intensive care unit on Saturday according to the medical examiner's office.

Our condolences go out to the Minx Family and friends.

Applicable California Law

California Vehicle Code 21950 requires that a motorist yield the right of way to a pedestrian crossing the street. However, the code also requires the pedestrian to exercise caution for his or her own safety. There are no facts to indicate that Minx did not use due care, which contributed to his injuries. Thus, Minx's heirs would have a wrongful death claim against the driver and owner of the vehicle that hit him. In addition, the personal representative of his estate could pursue a "Survivor Action" for any damages not provided for by California's Wrongful Death statute. If the driver or owner of the car does not have adequate insurance coverage, the heirs could pursue an underinsured motorist claim if Mr. Minx or a family member of his household has coverage, which is more than the total of all available policy limits for the driver or owner. The fact that Minx was a pedestrian at the time of the accident, would not preclude his heirs from pursuing a claim under his policy.

Crossing the street even under normal circumstances can be hazardous. Auto accidents and truck accidents involving pedestrians are usually caused by inattention by one, or both parties involved, and can result in serious injuries or death. Having accurate and in depth information from an experienced personal injury attorney can be very comforting to the survivors of a tragic accident.

THE COAST NEWS Reporter Wehtahene Tucker reported that 55-year-old Carlsbad resident John Miksa, author and consultant, was joined by several of his care givers from Scripps Hospitals at Encinitas and La Jolla, professional rider Roy Southerland, and others on a 15 mile bike ride on August 27, 2010 between both of the hospitals. However, a year earlier, on August 21, 2009, Miksa was hit by a distracted driver near Pacific and Cassidy in Oceanside. The auto accident caused Miksa to sustain a shattered ankle, and spinal injuries to his neck, which left him paralyzed from his neck down. "I could feel some pain, but mostly I realized I couldn't move, my body was still."

Miksa defied all odds despite only being given a 1% chance of recovery by his neurosurgeon, Scott Leery. Miksa was determined to recover fully from his injuries, and stated " They stood me up on day four. I went from being totally paralyzed to standing." On September 1, 2009 he told his therapist he wanted to walk and accomplished that, at first, with the use of parallel bars. Miksa said " I was an athlete my whole life and now had a lot of anxiety about walking, I was in a lot of pain." Jim Cope, his therapist, remembers "within a week he was walking up and down the hall, taking the stairs by himself." The miracles continued that week, as Miksa and his wife learned that their daughter and son-in-law were going to have a baby. "It was an amazing day to say the least," Miksa said.

"I want people to have hope that they can recover," he said. "Most of all I want to tell people to put your cell phone down while driving," he cautioned. After observing motorists for the nine months he was not allowed to drive, Miksa said he had the opportunity to notice how distracted drivers are. "I'm going to be sticking to trails after this ride," he said.

Miracles can happen, hope, faith and a positive attitude are the keys to recovery. Auto accidents, truck accidents or bicycle accidents can result in catastrophic injuries which can be overcome. The help of an experienced personal injury attorney can be a great resource.