San Diego Personal Injury Lawyer Blog

Orange County Register Alejandra Molina reported that Ruben Chavez, a 31-year-old truck driver from Tijuana was struck and killed on September 27, 2011. The fatal auto accident happened at around 6 a.m. on Interstate-5 near the Avenida Vista Hermosa exit. According to CHP officer Chris Goodwin, Chavez pulled to the side of the road due to mechanical problems with his truck. Chavez exited his truck and was standing on its left side when an unnamed 64-year-old San Diego man in a BMW traveling in the No. 4 lane drifted onto the right shoulder and sideswiped the truck and hit Chavez, who was pronounced dead at the scene. The incident is still under investigation.

Our condolences go out to the Chavez family and friends.

Applicable California Law

California Vehicle Code 22107 prohibits the movement of a vehicle from a direct course unless it can be done safely. The driver of the BMW will face civil claims for the wrongful death of Mr. Chavez (see my prior Blog post San Diego Woman Killed by Auto Accident Debris for California law on wrongful death claims and damages). It is not clear if Rubin was working for an U.S. or a Mexico-based company, which would impact potential workers compensation claims by his heirs since he was killed while on the job (see my prior Blog post San Diego EMT Fatally Injured In Multi Vehicle Auto Accident for wrongful death claims involving workers comp).

Whenever someone pulls off to the shoulder or side of the road they should take proper precautions, to warn other motorists and for their own safety. Auto accidents and truck accidents involving pedestrians usually result in serious injuries or wrongful death. Exploring all of your options by conferring with an experienced personal injury attorney before taking any action is key to getting justice.

A study in the Emergency Medicine Journal substantiates the fact that there is a significant impact on children who sustain whiplash injuries. There has been a long standing debate among different medical practitioners as to the affects and consequences of these injuries on children. This controversy was due to many factors, but most prominently the lack of any significant studies on these types of injuries in children. In the past, cases involving whiplash injuries in children were overlooked in part because children either lack the ability to effectively communicate their problems or do not appreciate the nature and extent of their injuries. This lack of attention would often result in them not receiving the medical attention they needed and in some cases would result in long lasting consequences. These types of spine injuries can result from a number of different types of incidents, but in many instances are caused by auto accidents.

The study by Boyd, Massey, Duane & Yates entitled Whiplash associated disorder in children attending the emergency department followed 105 children who had been involved in auto accidents during an eight-month-period. The subjects, ages four to sixteen, had data collected at 5, 14,28, and 56 days after their auto accidents. Nine of them complained of pain on motion on physical exam, 47% showed pain on motion but no pain on physical exam. 60% of the subjects with whiplash injuries reported pain immediately after the crash, with 40% reporting the onset of symptoms the following day. Those who sustained even minor whiplash injuries were symptomatic for 2-18 days, and those with more significant injuries 2-62 days. This does not even address the psychological trauma as the study reveals "Recent work has shown that children are susceptible to and do experience significant psychological trauma after being involved in a car crash."

Parents and adults should take action when a child has sustained a whiplash or other spine injury. Auto accidents, bicycle accidents, or slip and fall accidents can result in significant spine injuries or brain injuries. If your child or someone you know has sustained a serious whiplash or other injury, seek immediate medial attention and talk to an experienced personal injury attorney.

SIGNON SAN DIEGO Susan Shroder reported that Sharlotte Kingston a 36-year-old Poway woman, was struck by a pickup truck while walking her dog on September 13, 2011. The truck accident happened on Valley Verde Road and Dorset Way at around 11 a.m. According to Sheriff's Sgt. Daniel Vengler, a 58-year-old Poway man allegedly lost control of his truck, hit a street sign, and then the woman. She sustained multiple injuries, including a head injury and was transported to Palomar Medical Center in Escondido in critical condition.

Applicable California Law

The pickup truck driver will be liable for the woman's personal injuries and for violation of Vehicle Code 21658, which requires drivers to stay within their lane unless any movement can be made safely. The woman's claims would include economic damages such as medical expenses, lost earnings and earning capacity. In addition, there would be damages for pain and suffering, to include past and future physical pain, mental suffering, loss of enjoyment of life, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress. Given a significant head injury, her damages will be significant and hopefully the truck driver has enough assets and or insurance coverage to adequately compensate the victim for her injuries (see my prior Blog post Uninsured / Under-insured Auto and General Accident Guide).

A leisurely morning walk turns into tragedy. Truck accidents or auto accidents involving pedestrians often result in critical brain injuries, spine injuries, or wrongful death. Getting advice from an experienced personal injury attorney is critical to obtaining just compensation for serious injuries.