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 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.

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.

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.

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.

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.

San Diego News 6 reported that Teresa Peterson of San Marcos drove her car into a 7-Eleven at the corner of San Marcos Blvd. and Rancho Santa Fe Rd. seriously injuring a customer on December 2, 2010. The auto accident happened at about 11 p.m. when Peterson who was driving her Mercury Grand Marquis northbound on Rancho Santa Fe Rd., drove off the road, jumped the curb, through the parking lot and into the front door of the store. She continued through the store and hit a customer, Carlos Martinez of Mexico, who sustained serious injuries including head trauma.

Applicable California Law

California Vehicle Code 23104 provides for fines and or imprisonment for reckless driving which results in bodily injury. California Vehicle Code 21658 requires a driver of a vehicle to drive within a marked lane and remain within the lane until it is safe to move from the lane. Peterson will be liable for the property damage to the 7-Eleven and the bodily injury to Mr. Martinez including his medical expenses, loss of earnings and earning capacity, and compensation for pain and suffering. If further investigation by the police determines that she was driving recklessly, she could face criminal fines and or imprisonment.

A casual trip to the convince store results in serious injury. Auto accidents, motorcycle accidents or bicycle accidents resulting in serious injuries or head trauma can cause brain injuries that can last a lifetime. Exploring your rights and options by consulting with an experienced personal injury attorney is crucial to obtaining justice.

Auto accident victims and the public at large have many misconceptions about the civil jury system and the accident claims process in general. The following are some of the most common erroneous beliefs regarding injury claims.

• If you write the insurance company a letter and are reasonable, you
will get a reasonable settlement proposal.

• When you are in an accident and the insurance company calls you to
ask for a recorded statement, you have to give them a recorded statement
or they won't settle with you.

• All lawyers who advertise that they handle accident cases have the
same ability, tools, and experience to handle your case.

• The insurance company for the person who hit you is obligated to pay
your medical bills as they are incurred.

• All lawyers charge the same fees in injury cases.

• The tort liability system is some sort of lottery that will help you get
rich.

• Just because there has been an accident and it wasn't your fault, there
must be some insurance company that will pay for your bills, lost
wages, and injuries.

• Juries in California are generous.

• There is a set formula to figure out the value of your case.

The best way to dispel some of these myths is to get information from someone who has experience with the process. If you, a loved one or someone you know has been injured in an auto accident, motorcycle accident, bicycle accident, or any accident that results in serious injuries, having accurate information is key. The advice of an experienced personal injury attorney can be the difference in effectively resolving your claims.

San Diego News10 reported that a bicyclist, who had been drinking, was struck by a hit-and-run driver on October 14, 2010. The bicycle accident happened in the bike lane on Pomerado Road, near Caminito Vecinos at about 8 p.m.. According to police he was not wearing a helmet, did not have reflective gear or lights on. The rider had been drinking and was wearing a backpack with beer containers inside it, which may have saved his life. San Diego police Sergeant Art Doherty said "He had a number of beverages in the backpack. It probably absorbed the impact." The man refused to cooperate with police and there was no description of the driver or the vehicle; however, debris from the car found at the scene could lead police to the identity of the vehicle. The bicyclist sustained abrasions, bruises, a fractured vertebra, and was transported to the hospital.

Applicable California Law

The driver of a vehicle who is involved in an accident has the responsibility to remain at the scene of the accident (see my prior Blog post on California's Hit-and-run laws). Bicyclist have the same rights and duties, under the law, as any other vehicle on the road (see my prior Blog post on California's Bike laws), which also prohibit drinking and riding (see my prior Blog post on California's Drunk Driving laws). If the driver of the hit-and-run vehicle cannot be identified, the rider can pursue an uninsured motorist claim if he has the benefit of such coverage. However, the fact that he was intoxicated, riding without a helmet, not wearing proper reflective gear, or using lights would diminish the value of his injury claim to the extent he contributed to his own injuries.

Bicycle riders are at high risk of sustaining serious injuries if they are involved in an auto accident. Bicycle accidents usually result in brain injuries, spine injuries, broken bones, abrasions, and contusions. Doing a thorough and proper investigation to identify the responsible parties, and knowing the proper medical specialists to consult with, are some of the benefits of talking to an experienced personal injury attorney.

People who have sustained a Traumatic Brain Injury usually experience a number of physical and cognitive (thinking) challenges as well as personality, behavioral, and emotional changes. All of the effects of the brain trauma can be devastating to the injured, as well as there family and friends (see my prior Blog post on one San Diego woman's story). Here are some of the changes following a Traumatic Brain Injury:

Physical Problems
Decreased Mobility
Headaches and Dizziness
Pain and Sensation Changes
Balance and Coordination
Fatigue and Sleeplessness
Motor Control and Metabolism

Cognitive Changes
Memory and Concentration
Learning and Language
Reasoning and Organization
Flexibility and Speed of Thinking

Personality, Behavioral and Emotional Changes
Depression/Anxiety
Paranoia/ Mood Swings
Insensitivity to Others/Verbal Outbursts
Irritability/Low Frustration Tolerance
Impulsiveness/Decreased Self-Control
Apathy/Passiveness

Changes in personality, after a Traumatic Brain Injury, are usually exaggerated aspects of the victims pre-injury personality. People who have sustained a Traumatic Brain Injury in an auto accident, bike accident, motorcycle accident, fall, or any accident need to be sensitive to the effects of the trauma as indicted above. Talking to an experienced personal injury attorney can provide the guidance the victim and their family need.

SAN DIEGO NEWS 6 reported that 54-year-old David Bruce Menea was killed on September 11, 2010 while crossing the street on his bicycle. The bicycle/auto accident happened at around 8:50 p.m. when Mr. Menea was allegedly illegally crossing Main Street near Kalbaugh Street in Ramona and was hit by a Toyota 4Runner being driven by a suspected drunk driver. According to the CHP, the truck then swerved striking a stop sign, jumped an embankment, hit a parked car, and pushing it into a liquor store. Two occupants in the car and another in the store were injured. The CHP reported that 32-year-old Susan Reed the driver of the SUV was taken to Palomar Hospital, and then arrested on unspecified charges.

Our sympathy goes out to the Menea family and friends.

Applicable California Law

The driver of the SUV would be liable for any property that was damaged and injuries to anyone involved in the accident. In addition, if found to be intoxicated at the time of the accident, she will also face criminal charges (see my prior Blog posts regarding the law on driving under the influence). California vehicle Code 21200 gives the same rights and imposes the same duties on bicyclists as any other person operating a vehicle on the road. If the accusations that Mr. Menea was illegally crossing Main Street are accurate and his conduct contributed to causing his own death, then any claims by his heirs for wrongful death, or any "survivor action" would be reduced proportionately (see my prior Blog post for the law on wrongful death and "survivor actions"). As to the others who sustained physical injuries they would have potential claims for bodily injury including medical expenses, lost earnings and earning capacity, and compensation for pain and suffering against all parties found at fault for the accident.

A quiet Saturday Night turns into tragedy. Bicycle accidents and auto accidents can result in death or serious injuries that can change the lives of the injured and their families. Getting advice from a experienced personal injury attorney can help reduce the stress and worries associated with life changing events.