San Diego Personal Injury Lawyer Blog

San Diego News 8 reported that San Diego police officer, Bruce Byron, was seriously injured as a result of an auto accident on March 30, 2011. The motorcycle accident occurred around 6 a.m. when the 47-year-old Byron, a 19 year veteran of the SDPD, was on his way to work from his house in San Marcos. He was riding his police motorcycle eastbound on Borden Road when Cynthia Kusimoto a 27-year-old Escondido woman driving a Honda Civic northbound on Palo Alto Court turned left in front of Byron's motorcycle, according to Sheriff's Sgt. Stephanie Guerra. Byron collided with the drivers side of the Civic and sustained multiple injuries including a broken leg, hip injury, lacerations, and was transported to Palomar Medical Center

Applicable California law

Officer Byron will have personal injury claims as a result of the Civic driver's violation of California vehicle code 21801 requiring the driver of a vehicle to yield the right-of-way to all vehicles approaching from the opposite direction, which are close enough to constitute a hazard. This would include medical expenses, lost earnings and earning capacity as well as compensation for pain and suffering. In addition, if Byron is precluded from working for an extended period of time, he could be eligible for disability benefits through his work, and or the state. Although he was riding his police motorcycle, if he was not in the course and scope of his employment, he would not be eligible from workers compensation benefits.

An ordinary ride to work results in tragedy. Motorcycle accidents, and auto accidents can cause severe and life-long injuries. Finding out what your rights are is one of the many benefits of consulting with an experienced personal injury attorney.

San Diego News 6 reported that a bicycle rider was seriously injured when he was hit by a motorcyclist on March 20, 2011. The bike accident happened around 12:30 a.m. on the 200 block of 31st Street when the cyclist rode into the path of the motorcycle according to officer David Stafford of the San Diego Police Department. The bicycle rider is thought to have sustained a broken pelvis. The unnamed motorcyclist fled the scene of the accident after leaving his passenger there. The motorcycle rider was subsequently arrested by police at his home on suspicion of felony drunk driving and hit and run. The bicycle rider had also been drinking, according to Stafford, but was not charged.

Applicable California Law

The motorcyclist will face criminal charges for felony hit and run as well as DUI (see my prior Blog post on California DUI Law and California Hit and Run Law). In addition, the bicyclist rider will have claims for any damage to his bicycle and his personal injuries. This would include medical expenses, lost earnings and earning capacity, and compensation for pain and suffering. However, if it is determined that his drinking, or his driving contributed to causing his injuries, any claims will be reduced accordingly. If the motorcyclist was in fact driving under the influence at the time of the accident he could be subject to punitive damages (see my prior Blog post on California Punitive Damage Law).

Weekend partying often leads to people drinking and driving. Serious injuries resulting from auto accidents, motorcycle accidents, or bicycle accidents can be devastating. Before taking any action talk to an experienced Personal Injury Attorney.

NBC San Diego News reporters Michael Gehlken and Steve Luke reported that an unnamed Hispanic man in his 50s was killed while riding his bicycle in Lomita on March 6, 2011. The accident happened at around 7:30 a.m. on Skyline Dr. when a van traveling westbound, driven by an unnamed 47-year old female driver, veered to the right and struck the bicyclist who was traveling on the right side of the road.

Darryl Hoover, field lieutenant with the San Diego Police Department stated that "At this time, investigators are trying to determine why the driver, who at this point has been considered the primary cause, veered to the right and struck the bicyclist." "The bicyclist went through the driver's side window of the van and then was launched, and came to rest on the sidewalk." A nearby resident Isabel Huerta said the auto accident sent the victim flying off the van's windshield in front of her friend's house. "She was just really terrified because the body was right in front of her house, and she could see the bike torn into pieces, and shoes and his hat all over the place," Huerta stated.

Our deepest sympathy goes out to the friends and family of the bicyclist.

Applicable California Law

California vehicle Code 21658 requires the driver of a vehicle to stay within a marked lane and not move from the lane unless it is reasonably safe to do so. The fact that the driver of the van veered to the right and struck the bicyclist would result in liability for his wrongful death. Thus, the bicyclist's heirs would have claims for wrongful death (see my prior Blog post on California Wrongful Death Law). Bicyclists have to follow the same rules and regulations as any other vehicle on the road (see my prior Blog post on California's Bike Laws), there are no facts that would indicate the bicyclist contributed to causing his own death, which would reduce the value of any claims.

Bicyclists are less visible and have less protection then other vehicles on the road. This is why bicycle accidents frequently result in serious brain injuries, spine injuries, or wrongful death. Complicated injuries or the loss of a loved one requires the advice of an experienced personal injury attorney.