San Diego Personal Injury Lawyer Blog

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 Union Tribune reported that 20-year-old Landen Swanson of Vista was taken off life support from injuries he sustained in an auto accident on January 9, 2012. Swanson suffered a brain injury resulting from head trauma when he was struck by a hit-and-run driver while skateboarding on Alamitos Way and Orlando Avenue in San Marcos, on his way home from work. According to sheriff's Sgt. Stephanie Guerra, the driver of the vehicle that hit him fled the scene, but later called police and told them he was involved in the incident. He was later arrested and criminal charges are pending.

Applicable California Law

The driver of the hit-and-run vehicle will face felony criminal charges for leaving the scene of an accident resulting in injury or death (see my prior Blog post on Hit-And Run law in California). Furthermore, he will be subject to civil claims by the Swanson family for the wrongful death of Landen (see my prior Blog post on California Wrongful Law And Survivor Actions). As always, whenever there is a fatality or catastrophic injuries, the adequacy of the responsible parties' insurance and assets are at issue (see my prior Blog post on California Uninsured And Underinsured Law).

Skateboarders are especially vulnerable to vehicles on the road because they are moving fast and are not very visible. Auto accidents, truck accidents and bus accidents involving skateboarders, pedestrians, and bicyclists often result in catastrophic injuries or wrongful death. Getting the guidance and council of an experienced personal injury attorney can be an invaluable resource.

San Diego NBC News Joseph Young reported that members of a San Diego family were seriously injured in a auto accident on January 8, 2012. The car accident happened at around 11a.m. at the corner of University and 4th Street. The unnamed couple and their 3-year-old daughter were in the crosswalk when a vehicle making a turn through the intersection struck the woman and her child. Cody Defrate, a witness who called 911 for help stated that "The intersection's crazy." "Cars turning the wrong way, people aren't paying attention when they cross the street. It's not just pedestrians. It's mostly the cars honestly." The child and her mother were taken to a local hospital with potential life-threatening injuries.

Applicable California Law

California Vehicle Code 21950 requires drivers to yield the right-of-way to pedestrian in a marked crosswalk. Thus, the driver and owner of the vehicle that struck the woman and her child will face potential claims for their personal injuries. If their injuries result in either victim's death, their heirs could pursue claims for wrongful death (see my prior Blog post for Wrongful Death Law in California). However, the statute also requires pedestrians to exercise due care for his or her own safety. Thus, if the couple was inattentive and contributed to their own injuries, this could reduce the value of any potential claims.

A Sunday morning outing results in a life threatening accident. Auto accidents, truck accidents, or bus accidents involving pedestrians can result in serious injuries to the victims or the death of a loved one. Seeking the advice of an experienced personal injury attorney is crucial to protecting the rights of the victims and their families.

Fox Business writer Susan Ladika reported that San Diego is ranked first among the nation's major cities for DUI citations. The report is based on statistics from Insurance.com from November 1, 2010 to October 31, 2011. Furthermore, it is the second year in a row San Diego leads the list. However, confounding factors such as lack of public transportation and vigilance by local police could account for the high ranking. Peter Moraga, spokesman for the Insurance Information Network of California, speculates that California leads in DUI citations because it is a "car-centric state," and law enforcement officials are "very attuned to the danger of driving under the influence." Other factors such as tourists, visiting business people, people in the military, and young drivers contribute to the problem. According to the FBI there were 1.4 million DUI arrests in 2010.

Applicable California Law

For the law and other factors affecting DUI accidents in California see my prior Blog post UC San Diego Study On DUI Car Accidents Causing Serious Injury Or Fatalities.

The holidays and, in particular, New Years can be very dangerous for motorists due to impaired drivers on the road. Auto accidents, motorcycle accidents, truck accidents, or any accident involving DUI drivers often result in serious injuries or wrongful death. If you or a loved one are the victim of an intoxicated driver seek the advice of an experienced personal injury attorney.

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.

KABC News Los Angeles Elex Michaelson reported on the homecoming of Derek Thomas of Encinitas who was critically injured in an auto accident on Highway 395 outside of Bishop last year (see my prior Blog post San Diego Students Killed In Head-On Collision). Derek, a football star at Cathedral Catholic High, was returning to San Diego from a track trip to Mammoth when the fiery crash left him with burns to 85 percent of his body and the wrongful death of his friends. His injuries required that he be placed in an induced coma and endure 33 skin graphs over the last 11 months at the Grossman Burn Center at West Hills Hospital before he could return home. When he was first admitted he was given less then a one percent chance of surviving his injuries and Grossman Burn Center Director Peter Grossman was quoted as saying "We have many, many fascinating, wonderful, courageous individuals." "But Derek Thomas stands at the very apex." However, this is only the beginning of Derek's challenges, as he will require future reconstructive surgeries in an attempt to regain some of his pre-accident mobility. Derek's father Randy Thomas said "It was the most difficult thing I ever went through, to try and touch on a reality that is unfathomable."

Applicable California Law

For review and analysis of the applicable California law see my Blog post San Diego Students Killed In Head-On Collision.

Life can change in an instance, it only takes being at the wrong place at the wrong time. Auto accidents, truck accidents, or motorcycle accidents resulting in critical injuries, which can last a lifetime or result in wrongful death. When dealing with the complicated issues associated with serious injuries or the loss of a loved one, the guidance of an experienced personal injury attorney is essential.

San Diego News 10 reported that 77-year-old James Cummings of Ocean Beach was fatally injured as a result of an auto accident on July 7, 2011. The fatal accident happened around 12:30 a.m. and was caused by an unnamed 15-year-old boy who was joy-riding in his mother's Toyota 4-Runner with four of his friends. He missed a turnoff on Ingram Street and backed up into oncoming traffic on Sea World Drive. Cummins traveling west bound in his Mercury LTD ran into the rear of the SUV and had to be cut from his vehicle before being taken to UCSD Medical Center where he died around 5 a.m.. Cummins, a physicist at the Naval Warfare Systems Center for 54 years, was a dedicated employee. His supervisor Alan Lockwood was quoted as saying "He had kind of a southern charm. He would tell the ladies 'I love you' and 'I love you, sweetheart'... that kind of thing and they would just smile at him." Lockwood said Cummins was always upbeat and did not have the personality of a typical scientist. He was also dedicated to his work. "I asked him one time, 'Why don't you retire?' And he said, 'Well, this is my life,'" said Lockwood. "He said as long as he could walk across the street from the parking lot he would keep coming every day.". Cummins was known to be somewhat eccentric and would often sleep in his car. Kevin, his grandson, said "Nobody could ever put a finger on why he was that way, but - I don't know - he was just different than everyone else." Kevin said "Gramps" was like Leonardo DaVinci, a genius with quirks.

Our condolences to the Cummins family and friends.

Applicable California Law

California Vehicle Code 12814.6 establishes the minimum age and requirements for obtaining a drivers license in California. Since the driver of the SUV was only 15 even if he had a permit, which his mother would not confirm, he is required to have an adult supervising him at the time. Furthermore, by backing up onto Sea World Drive, he violated California Vehicle Code 21804(a), which requires the driver of a vehicle entering a roadway to yield the right of way to any vehicle close enough to constitute an immediate hazard a violation of which would impose civil liability. However, given the fact that the SUV driver was under age and driving without his mother's permission there probably would be no insurance coverage. Thus, the Cummins' heirs as well as the injured passengers in the SUV would need to have their own uninsured motorist coverage to be compensated for any wrongful death or personal injury claims (see my prior Blog post on California UM/UIM and Umbrella Coverage).

Another instance of a youthful driver showing poor judgment resulting in tragedy. Auto accidents, motorcycle accidents, or boat accidents involving young inexperienced drivers often result in serious injury or wrongful death. When tragedy strikes, find out what your rights are by consulting with an experienced personal injury attorney.

San Diego News 10 reported that 18-year-old Miguel Rojas of Escondido was fatally injured in a hit-and-run accident on July 3, 2011. The auto accident occurred at around 2 a.m. when Miguel was leaving his aunt's house Sunday morning. As he turned left onto Washington Avenue his Dodge Caravan was hit by a 1995 Lexus traveling east on Washington, and burst into flames causing his tragic death. The driver of the Lexus 20-year-old Juan Carrillo, also of Escondido, fled the scene but was later arrested and charged with felony hit-and-run and driving without a license according to Escondido police officer Scott Walters. An unnamed passenger in the Lexus was also injured and taken to a local hospital.

Our condolences go out to Miguel's son, other family members and friends.

Applicable California law

Carrillo will face felony charges for leaving the scene of an accident resulting in injury or death (see my prior Blog post on California Hit-And-Run Law). It is not clear thus far if Carrillo is civilly liable for Rojas' death, this will depend on whether his conduct contributed to causing the accident. However, the fact that the collision caused the van to burst into flames could result in product defect claims (see my prior Blog post on California Products Liability Law). If a defect in the van caused or contributed to Miguel's death his heirs could pursue claims for wrongful death and or "survivor action" (see my prior Blog post on California Wrongful Death Damages). The fact that Miguel violated vehicle code 21804(a), which contributed to causing his death, any claims by his heirs will be reduced accordingly. The passenger in the Lexus could pursue claims for personal injury against Miguel's estate, the registered owner of the van, and potentially the owner of the Lexus as well as Carrillo.

Young drivers are at greater risk of injury or wrongful death from driving because they often do not understand the consequences of their actions. Auto accidents, motorcycle accidents, and bicycle accidents involving youthful drivers are largely the result of inattention on their part. When serious injuries or wrongful death are caused by an accident, seek the advice of an experienced personal injury attorney.

NBC News reported on a new study, which recommends lowering the legal limit for DUI arrests. The study conducted by sociologist David Phillips and Kimberly Brewer at the University of California San Diego suggests that even one drink can seriously impair a driver enough to cause an accident resulting in serious injuries or wrongful death. The study was in part based on data from the Fatality Analysis Reporting System, which contains statistics on U.S. drivers involved in fatal car accidents. The researchers analyzed the ratio of severe injuries and minor ones involving 1.5 million people between 1994 and 2008. According to Phillips, "accidents are 36.6 percent more severe even when alcohol was barely detected in driver's blood." "Compared with sober drivers, buzzed drivers are more likely to speed, more likely to be improperly seat-belted and more likely to drive the striking vehicle, all of which are associated with greater severity," Phillips said. Phillips hopes the study will influence legislators to lower the blood alcohol levels for impaired drivers so as to reduce severe injuries, which will save lives.

Applicable California Law

California lowered its blood alcohol concentration (BAC) to .08 in 1990. California Vehicle Code 23152 makes it illegal to drive while under the influence of alcohol or drugs (see my prior Blog post San Diego Woman Arrested For Fatal Coronado Traffic Accident for California's Driving Under the Influence Law). In addition to criminal penalties, there is civil liability for those who injure or fatally injure victims (see my prior Blog post San Diego DUI Statistics Improve On The New Year for California Wrongful Death and Punitive Damage Law).

Intoxicated drivers, often fail to understand that even one drink affects their ability to make appropriate decisions while operating their vehicle. Statistics and studies show that auto accidents, motorcycle accidents, and truck accidents involving alcohol and or drugs usually result in serious injuries or wrongful death. Victims and their loved ones should consult with an experienced Personal Injury Attorney before they take any action.

SAN DIEGO UNION TRIBUNE Elizabeth Aguilera reported that Izaiah Wallis of Vista was released from Rady Children's Hospital on May 17, 2011 after being hospitalized for seven months. Izaiah and his grandfather were on there way to a park in Oceanside when they were struck by a 17-year-old drunk driver on October 18, 2010. The toddler was thrown from his stroller and was left paralyzed and partially blind as a result of a brain injury when his head was severed from his spine. His parents were quoted as saying, "It's going to be a bumpy road, but with all the help and support we can get through this," said Jacob Wallis, Izaiah's father. "It's like bringing a newborn baby home for the first time. Lucy and I have waiting for this day to come," said Wallis, referring to his fiancé, who is also Izaiah's mother. The driver who hit them was sentenced to 480 days in custody.

Applicable California Law

The teenage driver was convicted of driving under the influence resulting in bodily injury (see my prior Blog post on California DUI Law). Furthermore, Izaiah and his grandfather will have claims for personal injury. However, there is a question as to the amount of insurance or other assets of the responsible parties to adequately compensate the victims, which is usually the case in accidents involving catastrophic injuries(see my prior Blog post on UM/UIM Coverage). Given the catastrophic nature of Izaiah's injuries and the cost of future care it is doubtful that the defendants have adequate assets. California has various assistance programs, such as the fund for victims of violent crimes. Fortunately, San Diego has exceptional facilities to help brain injury victims such as Brain Tek Institute and the rehabilitation center at Scripps Memorial Hospital in Encinitas (see my prior Blog post on Traumatic Brain Injury).

A routine stroll to the park turns into tragedy. Auto Accidents involving drunk drivers and pedestrians often result in brain injuries or other catastrophic injuries. Talking to an experienced personal injury attorney can greatly assist the victims and their families.

San 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.

San Diego News 8 reported that San Diego police officer, Bruce Byron, was seriously injured as a result of an auto accident on March 30, 2011. The motorcycle accident occurred around 6 a.m. when the 47-year-old Byron, a 19 year veteran of the SDPD, was on his way to work from his house in San Marcos. He was riding his police motorcycle eastbound on Borden Road when Cynthia Kusimoto a 27-year-old Escondido woman driving a Honda Civic northbound on Palo Alto Court turned left in front of Byron's motorcycle, according to Sheriff's Sgt. Stephanie Guerra. Byron collided with the drivers side of the Civic and sustained multiple injuries including a broken leg, hip injury, lacerations, and was transported to Palomar Medical Center

Applicable California law

Officer Byron will have personal injury claims as a result of the Civic driver's violation of California vehicle code 21801 requiring the driver of a vehicle to yield the right-of-way to all vehicles approaching from the opposite direction, which are close enough to constitute a hazard. This would include medical expenses, lost earnings and earning capacity as well as compensation for pain and suffering. In addition, if Byron is precluded from working for an extended period of time, he could be eligible for disability benefits through his work, and or the state. Although he was riding his police motorcycle, if he was not in the course and scope of his employment, he would not be eligible from workers compensation benefits.

An ordinary ride to work results in tragedy. Motorcycle accidents, and auto accidents can cause severe and life-long injuries. Finding out what your rights are is one of the many benefits of consulting with an experienced personal injury attorney.

San Diego Fox 5 News reported that an unnamed 22-year-old Navy sailor was fatally injured on January 30, 2011. The head-on motorcycle accident happened at around 11 a.m. in Otay Mesa when the sailor was attempting to pass a group of motorcyclists traveling westbound on Otay Lakes Road. He crossed into oncoming traffic and collided with another motorcyclist traveling eastbound. The sailor was pronounced dead at the scene and the other motorcyclist suffered a broken arm and leg and was flown to Sharp Memorial Hospital, according to Cal Fire Battalion Chief Nick Schuler.

Our condolences go out to the family and friends of the deceased and wishes for a speedy recovery to the injured.

Applicable California Law

California Vehicle Code 21751 prohibits overtaking and passing vehicles to the left unless there is clear visibility and sufficient distance from oncoming vehicles so as to not be a hazard. Thus, the motorcyclist who was injured will have property damage and personal injury claims against the sailor's estate. The claims will include current and future medical expenses, lost earnings, and earning capacity as well as compensation for pain and suffering. There are no facts to indicate that the injured motorcyclist contributed to causing his own injuries or the death of the sailor. Hopefully, the sailor carried sufficient liability insurance to adequately compensate the injured.

A leisurely Sunday ride turns into tragedy. Motorcycle accidents, auto accidents or bicycle accidents, which result in serious injuries usually result in overwhelming medical expenses for the victims. Consulting with an experienced personal injury attorney can help victims know what there options are.