San Diego Personal Injury Lawyer Blog

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.

San Diego Fox 5 News reported that 26-year-old Kristopher Murray of Vista died from injuries resulting from a motorcycle accident on November 12, 2011. The fatal auto accident happened at around 2:30 a.m. when Murphy was riding his Yamaha R1 motorcycle southbound on North Santa Fe Drive, allegedly at a high rate of speed. A Honda minivan traveling on Darwin Road made a left turn onto northbound North Santa Fe Drive causing Murray to run into the rear drivers side of the van. According to the Medical Examiners Office, Murray who was ejected from his motorcycle, was pronounced dead at the scene.

Our sympathy goes out to the Murray family and friends.

Applicable California Law

California Vehicle Code 21801(a) requires the driver of a vehicle intending to turn left to yield to opposing traffic, which is close enough to constitute a hazard. Thus, the driver of the van and the registered owner would be liable for any property damage as well as the wrongful death of Murray (see my prior Blog post for Wrongful Death Law In California). However, California Vehicle Code 21801(b) requires the driver of an approaching vehicle to yield to a turning vehicle, which has yielded to oncoming traffic and given a proper signal. In addition, Vehicle Code 22350 requires the driver of a vehicle to drive at a speed, which is prudent and reasonable under prevailing conditions. Therefore, if further investigation determines that Murray was driving too fast and or failed to yield to the van, then any claims made by his heirs would be reduced in proportion to his contributing to his death.

The freedom of riding a motorcycle can be exhilarating and dangerous. Auto accidents resulting in motorcycle accidents generally cause serious injuries or wrongful death. Issues of liability and damages can be complex, which is why you should consult an experienced personal injury attorney before taking any action.

San Diego News 10 reported that 56-year-old Insixiengmay and 59-year-old Tem Thirakul were fatally injured when the vehicle in which they were riding was struck by a Federal Express Tractor Trailer on October 13, 2011. The auto accident happened at around 10 p.m. when their Honda Civic, being driven by a 35-year-old woman, lost control and veered into the path of the truck as the car was entering Interstate 805 at Clairemont Mesa Boulevard. Both victims were pronounced dead at the scene and their driver was transported to Sharp Memorial Hospital. The California Highway Patrol is continuing to investigate the incident.

Our sympathy goes out to the victims families and friends.

Applicable California Law

At first blush it would seem that the Honda driver was at fault for violating California Vehicle Code 21804 (a), which requires a vehicle entering a highway to yield the right of way to any vehicle approaching that is close enough to constitute an immediate hazard. On the other hand, if the driver of the truck could have avoided the collision or minimized the impact by being more attentive and or taking evasive action, he could be partially responsible and comparatively at fault. Thus, both drivers as well as Federal Express, which is the truck drivers employer, have potential liability for the victims wrongful death (see my prior Blog post San Diego Woman Killed by Auto Accident Debris for Wrongful Death Law in California). The driver of the Honda also has a potential personal injury claim, which would be reduced in proportion to her contribution to causing the accident and her injuries.

A tragic loss of life on Halloween evening. Truck accidents resulting in auto accidents most often result in wrongful death or serious injuries. Exploring the best strategies as to obtaining fair compensation and justice is the benefit of consulting an experienced personal injury attorney.

San Diego News 8 reported that an unidentified woman passenger in a Hyundai Sonata was fatally injured on October 8, 2011. The tragic auto accident happened at around 2:30 a.m. on state Route 78 and Bear Valley Parkway in Escondido, when 21-year-old Joshua Goldbaum of Escondido collided into a Ford Aerostar van. One of Goldbaum's passengers died, another was injured as well as the driver of the van. The passenger in the van, who sustained major injuries is expected to survive. According to CHP Officer Bettencourt, Goldbaum who fled the scene, was later arrested and taken to the Vista jail and faces numerous felony charges for hit-and-run, gross vehicular manslaughter and driving under the influence.

Our condolences go out to the families and friends of those who tragically lost their lives

Applicable California Law

Goldbaum will face felony criminal charges for driving under the influence and 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 and DUI Law). In addition, Goldbaum and the owner of his vehicle will be liable for any property that was damaged as well as the wrongful death of the victims and those who sustained personal injury (see my prior Blog post San Diego Woman Killed by Auto Accident Debris for California law on Wrongful Death and "survivor actions"). However, if the passengers in the Goldbaum vehicle knew he was intoxicated and chose to ride in his vehicle, there will be allegations of comparative fault, which will affect the value of any claims made by them or their heirs. As always vehicular accidents involving fatalities, serious injuries, and multiple claimants raises issues as to the adequacy of insurance coverage or other assets of those responsible (see my prior Blog post Uninsured / Under-insured Auto and General Accident Guide on California insurance coverage).

Young adult drivers pose some of the highest risk to themselves and others on the road. They often ignore the risks of driving recklessly and or under the influence of drugs or alcohol, causing auto accidents, motorcycle accidents, and bike accidents resulting in wrongful death or catastrophic injuries. When the impact of a serious injury or the loss of a loved one touches your life, 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.

San Diego News 10 reported that Linda McGiness-Pleines of Poway sustained serious neck and head injuries as a result of being run over by a lifeguard truck at Torrey Pines State Beach on July 26, 2011. The truck accident happened around 3 p.m. while Linda was sunbathing and the truck ran over her head and neck. She was quoted as saying "I heard all this crunching, after it came off of me and I was able to open my mouth and speak, I started screaming." "At first I thought I was going to die and then when I realized I made it - after the tire went over - the crunching I thought... was my neck snapping... turns out it's my jaw and my ribs," she said. She was transported by paramedics to Scripps Memorial Hospital in La Jolla where she was diagnosed with a broken jaw, broken ribs, shoulder injury, spine and neck injuries.

Applicable California Law

Linda will have claims for personal injury against the lifeguard as well as the their employer the State, since the accident happened while the lifeguard was in the course and scope of his or her employment. However, the appropriate claims must be filed with the State in a timely manner to preserve any claims (see my prior Blog post San Diego Fire Crewman Killed in Car Accident Near Gorman for the law on Government Claims). Linda's claims will include past, present ,and future medical costs, lost earnings, and earning capacity as well as compensation for pain and suffering.

A day at the beach results in serious injuries. Auto accidents, and truck accidents involving pedestrians can result in lifelong injuries or wrongful death. Knowing which agencies need to be put on notice of any claims is one of the many benefits of consulting an experienced personal injury attorney if you have been injured in a serious accident.

San Diego Union Tribune Pauline Repard reported that 71-year-old Jan Chizer-Williams of San Diego lost control of her PT Cruiser, struck, and fatally injured a woman and seriously injured her boyfriend and son on June 3, 2011. The auto accident occurred on University Avenue and Euclid Avenue in City Heights while the three victims were waiting at a bus bench. According to police investigator, officer Dan Wall, the driver suffered a severe low-blood sugar diabetic episode causing her to loose control of her vehicle, jump the curb, heading straight for the bus bench striking the victims and running into a building. Police and paramedics responded, Wall reported that the 10 year-old-boy was knocked unconscious, suffered a broken arm, multiple cuts and was transported to Rady hospital. His 25-year-old mother was taken to Scripps Mercy Hospital where she later died. Her 28-year-old boyfriend was taken to UCSD Medical Center with multiple fractures to his leg and feet.

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

Applicable California Law

It is doubtful that Chizer-Williams will face any criminal charges for the accident unless she knew or should have known she was not fit to drive due to her medical condition. However, she will face civil claims for violation of California Vehicle Code 22107, which requires a driver to stay within their lane until it is safe to move from that lane. She will be liable for any property she damaged as well as the wrongful death of the woman who was killed (see my prior Blog post on California Wrongful Death Law And " Survivor Statutes"). Furthermore, she is liable for the personal injuries to the boy and the boyfriend (see my prior Blog post for California Personal Injury Damages). As always when there are serious injuries or wrongful death, issues relating to the adequacy of the responsible parties insurance are crucial (see my prior Blog post on California UM/UIM Coverage and Law).

Sitting at a bus stop and life changes forever. Auto accidents or bus accidents resulting in wrongful death, brain injury or serious injury can change the life of the victims and their families forever. Finding out what your rights are by talking to an experienced personal injury attorney is essential to receiving fair compensation.

San Diego News 10 reported that 28-year-old Nicholas Thibault pleaded guilty to gross vehicular manslaughter and was sentenced on May 10, 2011 for the death of 48-year-old Brent Routley. The fatal auto accident happened on February 27, 2011 when Thibault, who was drunk at the time, veered off the road as he exited the I-805 in City Heights. Routley who was camping in the shrubbery was struck and killed by the BMW, which Thibault had borrowed. Routley was survived by his wife Michelle, children, and grandchildren. His wife was quoted as saying "He's (Thibault) taken away my partner for life. He's taken away my future." A friend Dorothy Fenley said Routley had just gotten a job and was on his way to getting his life back together.

Our condolences go out to the Routley family and friends.

Applicable California Law

Thibault pleaded guilty to vehicular manslaughter for violation of California Penal Code Section 192. Furthermore, he as well as the owner of the vehicle will be liable to the Routley family for Brent Routley's wrongful death (see my prior Blog post on Wrongful Death Law in California). The owner of the BMW will be liable for entrusting his vehicle to another regardless of any fault under California's permissive use law Vehicle Code Section 17150. If the owner of the BMW knew or should have known that Thibault was drunk when he let him use the vehicle, he would be responsible for negligent entrustment. Thibault could also face claims for punitive damages for gross negligence for driving under the influence (see my prior Blog post on California DUI Law).

Just as a man is turning his life around, he is tragically killed. Auto accidents, truck accidents, and motorcycle accidents involving reckless drunk drivers often result in serious injury or wrongful death. The aide of an experienced personal injury attorney can help surviving family members obtain justice.

San Diego Union Tribune, Debbie Baker reported that an unnamed 46-year-old man riding a bicycle sustained a life-threatening head injury on April 25, 2011. The bicycle accident happened around 5 p.m. in North Park when the bicyclist, who was riding east on University Avenue near Arizona Street, was knocked to the ground. According to police, as he rode passed a parked vehicle the 22-year-old woman driver opened the car door striking the bicyclist, who suffered a life-threatening skull fracture when he fell and hit his head on the ground. Traffic division officers are still investigating the matter.

Applicable California law

The bicyclist will have claims for any damage to his personal property as well as his personal injuries due to the driver's inattention when opening her car door. These damages include medical bills, lost earnings and earning capacity in addition to compensation for pain and suffering. However, it is not clear if the bicyclist was wearing a helmet since he sustained a skull fracture. Furthermore, he has the same obligations as other vehicles on the road to exercise due care. If he failed to do so and this contributed to the causing his own injuries, his claims would be reduced proportionately (see my prior Blog post on California Bike Law). Head injuries such as skull fractures can cause permanent consequences (see my prior Blog post on Brain Injuries and resources), which leads to the question as to whether the driver has adequate insurance coverage (see my prior Blog post on California Uninsured/Underinsured Motorist Law). If the cyclist was wearing a helmet and it was defective, which contributed to his injuries, he could potentially pursue a products liability claim (see my prior Blog post on California Products Liability Law).

A routine bicycle ride results in a serious injury. Auto accidents, and bicycle accidents that cause serious brain damage can be catastrophic. The life-changing consequences can be helped by conferring with an experienced personal injury attorney.

San 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.

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.