San Diego Personal Injury Lawyer Blog

San Diego Union Tribune correspondent Debbie Baker reported that an unnamed motorcyclist sustained serious injuries in a head-on collision in Balboa park on 2/23/11. The motorcycle accident occurred when the rider who was traveling southbound on Pershing Drive at around 9 p.m., crossed over the double-yellow lines and struck a Nissan Altima going in the opposite direction. The driver of the Altima was injured and the rider suffered a head injury and multiple broken bones. The rider was suspected of speeding at 45 mph, when the posted speed limit is 35mph, but he was not cited.

Applicable California Law

The motorcyclist will be liable for damages for violation of California speed law, Vehicle Code 22350, and Vehicle Code 21651, which prohibits vehicles from crossing into oncoming traffic when a road has been divided by double yellow lines.The driver of the Altima will have claims for the damage to his vehicle, loss of use of his vehicle while it is being repaired, as well as claims for personal injury (see my prior Blog post on personal injury damages). If the driver of the Altima contributed to causing the accident in any way, the motorcyclist could also have claims for damages against the driver, and owner of the vehicle.

Motorcycle accidents are one of the leading causes of serious injuries. They often result in serious brain injuries, spine injuries, broken bones, or wrongful death. Exploring all of your options with an experienced personal injury attorney is crucial to preserving your rights.

San Diego News 10 reported that five people were injured because of an auto accident resulting from a high speed chase with police on February 4, 2011. The chase started at around 9 p.m. on Highway 163 when a CHP officer tried to pull over a speeding vehicle whose driver refused to stop. The pursuit continued through downtown when, at Sixth Avenue and A Street, the fleeing vehicle hit another vehicle, which was occupied by a couple and their young daughter. "It was definitely a violent collision" said San Diego police Sgt. James Reschke. "He was doing some serious speed." According to witness Eric Moore, "When I looked in my rearview mirror... I saw a car flipping over." Multiple officers attempted to restrain the driver of the fleeing vehicle, who kicked out a patrol car's window. "He was high on something: alcohol or drugs or both," said Reschke. The intoxicated driver, his passenger, and the occupants of the other vehicle were all injured and taken to local hospitals for treatment. Subsequently, the reckless driver and his passenger were both arrested for speeding and other violations.

Applicable California Law

The driver of the fleeing vehicle will face potential criminal charges for violation of Penal Code 148 resisting or avoiding arrest, Vehicle Code 22350 California's speed law and DUI (see my prior Blog post on California's DUI Law) to name a few. In addition, he will face civil liability for any property that was damaged as well as for the personal injuries he caused. Furthermore, he could face potential claims for punitive damages for gross negligence (see my prior Blog post for the law on Punitive Damages). If the passengers of his vehicle pursues any claims, they could be reduced to the extent that their conduct contributed to their own injuries.

A family outing is ruined by a reckless driver. Auto accidents, and motorcycle accidents, caused by reckless drivers generally result in serious injuries. The council of an experienced personal injury attorney is crucial to knowing what claims should be pursued.

San Diego Fox 5 News reported that an unnamed 22-year-old Navy sailor was fatally injured on January 30, 2011. The head-on motorcycle accident happened at around 11 a.m. in Otay Mesa when the sailor was attempting to pass a group of motorcyclists traveling westbound on Otay Lakes Road. He crossed into oncoming traffic and collided with another motorcyclist traveling eastbound. The sailor was pronounced dead at the scene and the other motorcyclist suffered a broken arm and leg and was flown to Sharp Memorial Hospital, according to Cal Fire Battalion Chief Nick Schuler.

Our condolences go out to the family and friends of the deceased and wishes for a speedy recovery to the injured.

Applicable California Law

California Vehicle Code 21751 prohibits overtaking and passing vehicles to the left unless there is clear visibility and sufficient distance from oncoming vehicles so as to not be a hazard. Thus, the motorcyclist who was injured will have property damage and personal injury claims against the sailor's estate. The claims will include current and future medical expenses, lost earnings, and earning capacity as well as compensation for pain and suffering. There are no facts to indicate that the injured motorcyclist contributed to causing his own injuries or the death of the sailor. Hopefully, the sailor carried sufficient liability insurance to adequately compensate the injured.

A leisurely Sunday ride turns into tragedy. Motorcycle accidents, auto accidents or bicycle accidents, which result in serious injuries usually result in overwhelming medical expenses for the victims. Consulting with an experienced personal injury attorney can help victims know what there options are.