San Diego Personal Injury Lawyer Blog

SIGNON SAN DIEGO'S Debbi Baker reported that 6-year-old Sarah Villa was the victim of a dog bite by a pit bull in City Heights on August 26, 2011. The attack happened at around 11:30 a.m. as Sarah played at a friend's house on Auburn Drive near Euclid Avenue where the dog had been chained by her friend's father who owned the dog. The dog got loose and attacked Sarah biting her in the face and then in the arm. According to Animal Control Officer Lt. Dan DeSousa the dog's owner was also bit while trying to intervene as well as his daughter. "You can take a good dog and make it bad by chaining it, and take a bad dog and make it even worse," DeSousa said. The 4-year-old, 65 pound Pit Bull was taken to be tested for rabies and quarantined for ten days, pending a decision as to his fate.

Applicable California Law

Despite the dog owner's representations that he had only shortly acquired the dog and the previous owner denied knowledge any dangerous propensities by the dog, the owner will still face potential claims for personal injuries to Sarah (see my prior Blog post San Diego Infant Mauled By Dogs for California Law on Dog Bites). However, the fact that two young children were left alone seemingly unsupervised could potentially result in partial comparative fault on Sarah's parents if they knew the dog was a potential hazard.

Young children are at high risk from dog bites, because they lack the ability to defend themselves or appreciate the potential danger. This is why children should always be supervised if a dog or any animal is around. Dog bites can result in physical and emotional scars that can last a life time. If you or someone you know is the victim of a dog attack talk to an experienced personal injury attorney.

San Diego News 10 reported that an unnamed 25-year-old woman was killed by a hit-and-run driver on August 22, 2011. The auto accident happened at around 3:30 a.m. on state Route 76 near the La Jolla Indian Reservation. The woman was walking on the side of the road when she was struck by a 2002 Ford Taurus, whose driver fled the scene. According to CHP officer Chris Parent, the vehicle was found abandoned near Valley Center Road and the alleged driver Rickey Burns, 69, of Escondido was later arrested on suspicion of felony hit-and-run.

Our condolences go out to the family and friends of the deceased woman.

Applicable California Law
Burns will face criminal felony hit-and run charges for leaving the scene of the accident (see my prior Blog post San Diego Hit-And-Run Auto Accident Causes Severe Brain Injury for California Hit-And-Run Law). In addition, the heirs of the deceased woman will have claims for wrongful death (see my prior Blog post Escondido Hit-And-Run Auto Accident Causes Death Of Teen for California Wrongful Death Law). However, there might be mitigating circumstances that could reduce the value of any claims, as it still unclear if by walking alongside the highway, the woman contributed to her own death (see my prior Blog post Carmel Mountain Hit & Run Auto Accident Kills Pedestrian for California Law On Comparative Negligence).

Walking along poorly lit rural roadways can be extremely dangerous. Auto accidents and truck accidents involving pedestrians often results in serious injuries or wrongful death. An analysis of the facts and circumstances of a serious accident by an experienced personal injury attorney is critical to knowing your rights.

North County Times Teri Figueroa and Morgan Cook reported that San Marcos Sheriff's deputy Dustin Lopez was injured in a three-car collision on August 12, 2011 at around 10 a.m.. The auto accident happened as Lopez, traveling southbound on Rancho Santa Fe in an unmarked police vehicle, hit a Honda van and a Mercedes, which were heading northbound and turning left onto westbound La Costa. According to witnesses Lopez ran the red light; however, the incident is still under investigation by the Carlsbad police. Lopez was transported to Palomar Medical Center in Escondido. The driver of the Mercedes, Christine Stanley, 60, of Carlsbad was taken to Scripps Memorial Hospital in Encinitas. Both drivers were treated for multiple injuries including head injuries. Lopez was on his way to a detail in Encinitas when the accident occurred.

Applicable California Law

If the witnesses account are correct, Lopez violated California Vehicle Code 21453, which requires a driver approaching a red light to stop and yield to opposing traffic. However, if Stanley or the driver of the Honda saw Lopez approaching and knew he was not going to stop they could be partially at fault for violating Vehicle Code 21801 failure to yield to an oncoming vehicle which is close enough to constitute a hazard. Lopez can pursue a workers compensation claim and possibly a personal injury claim(see my prior Blog post San Diego EMT Fatally Injured In Multi Vehicle Auto Accident for California work injuries and liability claims). Stanley and the driver of the van or any other injured person can pursue claims for property damage to their vehicles as well as personal injury claims after they comply with the claims reporting requirements (see my prior blog post San Diego Fire Crewman Killed in Car Accident Near Gorman Government claims reporting requirements).

The end of a workweek results in a serious accident. Auto accidents, truck accidents or those involving other vehicles serious enough to causing air bags to deploy usually result in serious injuries such as brain injuries. If you sustain a serious injury on the job or otherwise, talk to an experienced personal injury attorney to explore all of your options.

San Diego News 10 reported on the physical pain and tragic loss of a loved one experienced by David Abilez who survived an auto accident on June 3, 2011. Abilez, his girlfriend, and her son were waiting at a bus stop in City Heights when they were struck by a PT Cruiser being driven by Jean Chizer-Williams,71, who suffered a diabetic attack and was driving with a suspended license (see my prior Blog post San Diego Bus Stop Auto Accident Kills One And Seriously Injures Two). Abilez sustained multiple serious injuries including a compound fracture of his leg, requiring doctors to surgically insert a rod to support his leg. Even more devastating was the loss of his girlfriend Vanessa Shane. As he choked back the tears, Abilez was quoted as saying, "Not a day goes by that I don't think about her." "She is the most innocent and caring person in the world." Vanessa's son Elijah suffered a broken arm, a punctured lung, and according to family members, he is still having nightmares and trouble coping with the loss of his mother.

Applicable California Law

For analyses of the legal theories on liability and damages see my prior Blog post San Diego Bus Stop Auto Accident Kills One And Seriously Injures Two). Beyond the physical injuries and monetary damages are the emotional and psychological impacts. Community resources such as the county of San Diego Health and Human Services Agency and San Diego Youth Services provide support for those in crisis, as well as other agencies such as San Diego Family Services.

The loss of a loved one due to wrongful death is devastating. Auto accidents causing serious injuries or wrongful death have lifelong consequences. Having the knowledge of the available resources to deal with the physical pain and loss is one of the benefits of consulting with an experienced personal injury attorney.

Sign on San Diego Kristine Davis reported that Jessica Bloom, 21, of Rancho Bernardo pled not guilty to felony hit-and-run drunk driving on August 3, 2011. The charges arose out of auto accident on July 31, 2011 at around 12:30 p.m. when she rear-ended Sgt. David Smith, 34, a career Marine originally from Texas. Smith was stopped at a traffic light at Bernardo Center Drive near West Bernardo Drive on his motorcycle when he was hit and sustained a serious head injury. Witnesses saw Bloom hit Smith and flee the scene, she was later arrested. Deputy Attorney Matthew Williams said Bloom's blood-alcohol level was .37, four times the legal limit. Smith was taken to Palomar Medical Center in Escondido where he remains in a medically induced coma. Smith's fiancée, Vanessa Potts, said "It's unfair, we've been through a lot this past couple years and he's been through a lot in his military career, surviving an IED explosion. How do you come home and get hurt doing something that you love? I mean, he genuinely loves riding. That day, the last message I got from him was how beautiful the day was, and how he wished he could ride all day."

Applicable California Law

Bloom faces felony hit-and-run and drunk driving charges (see my prior Blog post San Diego Hit-And-Run Auto Accident Causes Severe Brain Injury on Hit-and-Run and DUI Law in California). In addition, Smith will have claims for his personal injury; however, it is doubtful that Bloom carries enough insurance coverage to adequately compensate Smith for his injuries. Being put into an induced coma for any length of time will result in tens to hundreds of thousands of dollars in medical costs and most likely lifelong consequences. Hopefully Smith has the benefit of substantial uninsured/underinsured coverage of his ownown (see my prior Blog post Uninsured / Under-insured Auto and General Accident Guide)

Another instance of a drunk driver causing catastrophic injuries and changing people's lives forever. Auto accidents resulting in motorcycle accidents caused by drunk drivers often cause catastrophic injuries or wrongful death. Contacting an experienced personal injury attorney to talk about the options in coping with the serious injury or the loss of a loved one is essential.