San Diego Personal Injury Lawyer Blog

San Diego News 6 Mike Wille reported that 21-year-old Ashley Maya was arrested for allegedly driving under the influence and causing a fatal auto accident on February 12, 2012. According to the CHP, Maya was drunk and driving at a high rate of speed. As she attempted to merge from Highway 163 to Interstate 8, she overturned her vehicle, ejecting two of the three passengers, one of whom died at the scene. The two other passengers were injured and transported to a local hospital. Police arrested her on suspicion of gross vehicular manslaughter while intoxicated.

Our sympathy goes out to the family and friends of the deceased.

Applicable California Law

Maya will face felony criminal charges for violation of Vehicle Code 23152, which makes it illegal to drive while under the influence of drugs and or alcohol as well as Penal code 192, which makes it a felony when death or injury results from driving while intoxicated. Furthermore, Maya will be liable to the heirs of the passenger who was killed for wrongful death claims as provided by Code of Civil Procedure sections 377.60-377.62 as well as California Code of Civil Procedure sections 377.30-377.35 for a "survivor action" for any damages not covered by the wrongful death statute. In addition, she will face claims for the personal injuries sustained by the other two passengers for their medical expenses, lost earnings and earning capacity, and for compensation for pain and suffering. If her conduct is deemed to constitute gross negligence, she could face punitive damages as provided by California Civil Code Section 3294. It is not clear from the facts as to how or why the passengers were ejected from the vehicle. However, if it was due to any defect in the vehicle, the heirs of the deceased and the injured could pursue products liability claims (see my prior Blog post for California Products Liability Law). However, if the passengers knew that Maya was intoxicated and chose to ride with her, their conduct would diminish the value of any potential claims as they would be deemed to have contributed to their own injuries.

Driving while intoxicated or choosing to ride in a vehicle being driven by a drunk driver often result in serious consequences. Auto accidents involving reckless driving can cause catastrophic injuries or wrongful death. If you or a loved one are the victim of a drunk driver, seek the counsel of an experienced personal injury attorney.

San Diego News 10 reported that 44-year-old Grant Fisher of Escondido sustained serious injuries as a result of being hit by a car on January 19, 2012. The auto accident happened when Fisher was riding in the bike lane on Sorrento Valley Boulevard during his lunch. Police reported that 76-year-old Cecilia Cueva allegedly swerved to avoid a speeding truck behind her causing her to hit Fisher. He was pinned under the vehicle, Which caused severe burns and spinal injury. Fisher was taken to Scripps Memorial Hospital where doctors said he may never walk again and will be there for the next month or longer.

Applicable California Law

California Vehicle Code 21658(a) requires the driver of a vehicle driving on a road with divided lanes not to move from their lane until it is reasonably safe to do so. Although Cueva said she never saw Fisher prior to hitting him she will still be liable for his property damage and personal injury. This would include the repair or replacement of his bicycle as well as his medical expenses, lost earnings and earning capacity as well as compensation for pain and suffering. Since Fishers long term prognosis is doubtful with respect to his ability to walk again, the adequacy of Cueva's insurance coverage and or other assets are of particular concern (see my prior Blog post on California Law On Uninsured/Underinsured Coverage)

A midday bike ride changes the life of a victim forever. Bike accidents resulting from auto accidents, truck accidents, or bus accidents often result in catastrophic and life altering injuries or death. Consulting with an experienced personal injury attorney is essential to preserving your rights.

San Diego News 10 reported that an unnamed 21-year-old man was seriously injured when his motorcycle collided with an automobile on January 31, 2012. According to San Diego police Officer Dino Delimitros, the auto accident happened in the Barrio Logan area at around 5p.m. when the motorcyclist who was eastbound on Main Street, struck a Chevrolet Monte Carlo, which was traveling westbound and was turning left onto Vesta Street. The rider was seriously injured having sustained multiple injuries including a broken femur and clavicle and was transported to a local hospital for treatment. The incident is still under investigation by SDPD Traffic Division.

Applicable California Law

At first blush it would seem that the driver of the Monte Carlo is at fault for violation of Vehicle Code 2181(a), which requires the driver of a vehicle who is turning left to yield the right-of-way to all vehicles approaching from the opposite direction and are close enough to constitute a hazard during the turning movement. However, drivers also must exercise due care when approaching the turning vehicle. Since the intersection in question is controlled by a traffic light, the color of the light for each respective driver will be crucial in determining who is at fault as well as the speed of each vehicle. Once liability is determined, the driver and owner of the car will be responsible for the victim's property damage and personal injuries proportionate to their respective fault.

Motorcycle riders must exercise extreme caution and vigilance for safety as they are most vulnerable to serious injuries from accidents. Motorcycle accidents resulting from car accidents are a leading cause of serious injuries and wrongful death. Exploring your options with the aid of an experienced personal injury attorney after sustaining a serious injury or the loss of a loved one is crucial.