April 2011 Archives

April 21, 2011

San Marcos Woman Killed Due To Defective Highway

Report_road_Defect_Logo[6].jpgSan Diego News 10 reported that 18-year-old Junethea Centeno, a student at Palomar College, was fatally injured on April 12, 2011. The auto accident happened around 3 a.m. when Junethea was driving northbound on I-15 near Felicita Road, lost control of her Honda Civic, and struck the corner of an unmarked and unprotected concrete barrier. Her father June Centeno, a Navy corpsman, was quoted as saying, "If she only hit the side of the road where the barrier is, the car could have slid down, versus hitting the end of a barrier. If things were set up the way they should be, they could have softened the impact. She'd be alive today." Junethea's boyfriend, Jon Mata, who came to the accident scene shortly after the crash, said that there were no cones, drums, reflectors, or other safety measures taken by construction crews, which might have saved her life.

Our deepest sympathy goes out to the Centeno family and friends.

Applicable California Law

The Centeno family will have potential wrongful death claims against Caltrans, any contractors, and or subcontractors responsible for the condition of the highway that caused Junethea's death (see my prior Blog post on California Wrongful Death Law). In order to present any claims, a notice of claim must be filed with the appropriate government agency (see my prior Blog post on the Government Claims Statute). However, it is not clear why Junethea lost control of her vehicle in the first instance. If her conduct contributed to her death, then any claims would be reduced proportionately.

A young life tragically lost due to the failure to take appropriate safety measures. Auto accidents on the highway usually result in serious injuries or wrongful death. Knowing the deadlines that need to be addressed, claims that need to be made, and who is entitled to compensation, are some of the benefits of consulting with a personal injury attorney.

April 4, 2011

Oceanside Hit-And-Run Bicycle Accident Kills Teen

accident.jpgSan Diego News 10 reported that 18-year-old David Mendez of Bonsall was fatally injured after being struck by a hit-and-run driver on March 28, 2011. The auto accident happened around 7:00 AM while Mendez was riding his bicycle on the 1300 block of Sleeping Indian Lane, in Oceanside. According to Lt. Leonard Mata, Mendez was found laying on the street, and was transported to Scripps Memorial Hospital in La Jolla where he was pronounced dead the following day. Debris from the 1988 Plymouth Neon that hit him and left the scene, led police to the arrest of 24-year-old Lopez Gonzalez of Oceanside who was booked for vehicular manslaughter.

Our condolences go out to the Mendez family and friends.

Applicable California Law

Gonzalez will face criminal charges for vehicular manslaughter as well as felony hit-and-run (see my prior Blog post for California Hit-And-Run Law). David's heirs will have wrongful death claims, and a survivor action for the medical costs incurred while David was hospitalized (see my prior Blog post an California Wrongful Death Law and Survivor Actions). However, given the fact that Gonzales was driving a late model economy vehicle leads to concerns as to whether he carries adequate insurance coverage. Hopefully, the Mendez family has the benefit of adequate uninsured/underinsured coverage (see my prior Blog post on Uninsured/Underinsured Law).

A bicycle ride turns into tragedy. Auto accidents and bicycle accidents can result in serious injuries, or wrongful death. If you have lost a loved one due to the carless acts of another talk with an experienced personal injury attorney.