San Diego Personal Injury Lawyer Blog

The Associated Press reported that several members of a Los Angeles fire crew comprised of inmates and one Los Angeles County firefighter, were injured and two were killed in a head on auto accident on Tuesday November 23, 2010. The fatal crash occurred on Highway 138, south of Gorman, when a Subaru Forester being driven by 83-year-old Milton Bacon of Gardnerville, Nevada veered into oncoming traffic and hit the fire crew's truck. A dozen firefighters were hospitalized, four were seriously injured and in critical condition. Mr. Macon as well as one crew member, San Diego resident Fernando Sanchez, who was ejected from his vehicle, were fatally injured.

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

Applicable California Law

All of the injured and the heirs of the deceased will have personal injury and wrongful death claims against Mr. Bacon (see my prior Blog post on California's wrongful death law). In addition, the crew's foreman can make claims for workers compensation benefits since he was injured while on the job (see my prior Blog post for California law on workers compensation/injury law). Since the inmates who were on the fire crew truck were in the custody and control of the corrections department when they were injured or fatally injured, they and their heirs also have potential claims against the corrections department and or the county Fire Department if the vehicle they were riding in was not properly equipped with seatbelts or otherwise unsafe. A timely claim must be filed with the proper agencies and strict compliance with the government claims statutes pursuant to Government code section 945.4. Although the cause of the crash is still under investigation, the fact that Bacon crossed onto oncoming traffic would strongly suggest he was the primary if not the sole cause of the accident (see my prior Blog post on California's driving law).

Regardless of who caused the accident, the loss of life and critical injuries are devastating. The assistance of an experienced personal injury attorney is crucial in order to properly handle auto accidents and truck accidents resulting in serious injuries or wrongful death.

San Diego News 8 reported that four motorcyclists as well as a passenger in another vehicle were killed and six others were injured on Saturday afternoon, November 13, 2010. The accident happened at around 1:00 p.m. on Route 98, a remote desert two-lane highway in Ocotillo, where riders of a Lakeside motorcycle club were on their way to Yuma Arizona to celebrate their 10th anniversary. Carlos Bobadilla, a resident of Mexicali, was driving a Dodge Avenger when he swerved to avoid hitting a Honda Civic, whose driver was attempting to pass the group of riders. Bobadilla then lost control of his vehicle, driving into the group of riders. Four motorcyclists were killed as well as the owner of the Avenger, a 31-year-old Mexicali woman; six others were injured including Bobadilla who was taken to a hospital for treatment of hand fractures. The driver of the Honda, who apparently caused the accident, did not stop and left the scene. Bobadilla was later arrested for driving under the influence; however, CHP officer DeeAnn Goudie said that it is still unclear if his alcohol consumption contributed to the accident, and thus he is only being charged with a misdemeanor at this time.

Our condolences go out to the friends and families of the deceased and a speedy recovery to those injured.

Applicable California Law

As stated previously Bobadilla will face criminal charges for driving under the influence (see my prior Blog post for California DUI law). Furthermore, if the identity of driver of the Honda is ascertained, he will face potential felony hit and run charges (see my prior Blog post on California Hit and Run law). In addition, both drivers will be liable for the wrongful death and personal injuries sustained by the motorcycle riders (see my prior Blog post on California Wrongful Death law). However, since there were multiple deaths and the Honda driver fled the scene, it is doubtful that Bobadilla or the owner of his vehicle carrie enough liability insurance to adequately compensate the victims and their families. Hopefully, the deceased and the injured carry enough uninsured/ underinsured coverage of there own (see my prior Blog post for California Uninsured/Under-insured law).

A casual celebratory motorcycle ride turns into tragedy. Auto accidents resulting in motorcycle accidents usually cause serious injury or wrongful death. Talking to an experienced personal injury attorney when the time is appropriate is crucial to knowing your rights.

UNION TRIBUNE reporter Caroline Dipping reported that a 34-year-old woman, her 17-year-old daughter, and the passenger in another vehicle being driven by a suspected drunk driver were injured on November 7, 2010. The accident happened in South Bay, on the 2200 block of Palm Avenue, at around 1:00 a.m.. The unnamed driver of a 2006 BMW was allegedly speeding and driving under the influence, when he sideswiped the victims' vehicle knocking it into a parked car. According to San Diego Police officer David Stafford, the unnamed woman was taken to the hospital with a broken femur. Her daughter, the driver of the BMW, and his passenger were also taken to the hospital for injuries. The driver was released and arrested on suspicion of driving under the influence.

Applicable California Law

The driver of the BMW will face potential criminal charges for driving under the influence (see my prior Blog post for California's DIU laws). In addition, he will be liable for the personal injuries sustained by the passenger in his vehicle, and the occupants of the other vehicle. However, his passenger's claim will be reduced if she knew he was driving under the influence and chose to drive with him, thus contributing to her own injuries. If the conduct of the driver of the BMW was reckless enough to constitute gross negligence, he could also be liable for punitive damages (see my prior Blog post in California's law on punitive damages).

Reckless driving while intoxicated poses a great danger to all motorists and pedestrians. Auto accidents, truck accidents, and bus accidents involving DUI drivers generally results in serious injuries or wrongful death. Discussing your case with an experienced personal injury attorney can help you get the fair compensation you deserve.

Auto accident victims and the public at large have many misconceptions about the civil jury system and the accident claims process in general. The following are some of the most common erroneous beliefs regarding injury claims.

• If you write the insurance company a letter and are reasonable, you
will get a reasonable settlement proposal.

• When you are in an accident and the insurance company calls you to
ask for a recorded statement, you have to give them a recorded statement
or they won't settle with you.

• All lawyers who advertise that they handle accident cases have the
same ability, tools, and experience to handle your case.

• The insurance company for the person who hit you is obligated to pay
your medical bills as they are incurred.

• All lawyers charge the same fees in injury cases.

• The tort liability system is some sort of lottery that will help you get
rich.

• Just because there has been an accident and it wasn't your fault, there
must be some insurance company that will pay for your bills, lost
wages, and injuries.

• Juries in California are generous.

• There is a set formula to figure out the value of your case.

The best way to dispel some of these myths is to get information from someone who has experience with the process. If you, a loved one or someone you know has been injured in an auto accident, motorcycle accident, bicycle accident, or any accident that results in serious injuries, having accurate information is key. The advice of an experienced personal injury attorney can be the difference in effectively resolving your claims.