San Diego Personal Injury Lawyer Blog

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.

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.

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.

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 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 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.

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 Union Tribune correspondent Debbie Baker reported that an unnamed motorcyclist sustained serious injuries in a head-on collision in Balboa park on 2/23/11. The motorcycle accident occurred when the rider who was traveling southbound on Pershing Drive at around 9 p.m., crossed over the double-yellow lines and struck a Nissan Altima going in the opposite direction. The driver of the Altima was injured and the rider suffered a head injury and multiple broken bones. The rider was suspected of speeding at 45 mph, when the posted speed limit is 35mph, but he was not cited.

Applicable California Law

The motorcyclist will be liable for damages for violation of California speed law, Vehicle Code 22350, and Vehicle Code 21651, which prohibits vehicles from crossing into oncoming traffic when a road has been divided by double yellow lines.The driver of the Altima will have claims for the damage to his vehicle, loss of use of his vehicle while it is being repaired, as well as claims for personal injury (see my prior Blog post on personal injury damages). If the driver of the Altima contributed to causing the accident in any way, the motorcyclist could also have claims for damages against the driver, and owner of the vehicle.

Motorcycle accidents are one of the leading causes of serious injuries. They often result in serious brain injuries, spine injuries, broken bones, or wrongful death. Exploring all of your options with an experienced personal injury attorney is crucial to preserving your rights.

Union Tribune reporter Eric Edmonds story on off-roading in Southern California's deserts, highlights the heightened risk of serious injuries to children caused by the operation of all terrain vehicles. Although off-roading in California is a year-round activity, when temperatures in the deserts are more moderate, around October, large numbers of off-road enthusiasts driving motorcycles, trucks and ATVs invade popular areas such as Glamis in San Diego. People taking vacations or getting away for the weekend for fun converge on these areas creating virtual cities. Unfortunately, with the large numbers of people racing and partying, popular areas such as Glamis start to resemble war zones due to accidents caused by reckless drivers.

An ongoing research study being conducted at Rady Children's Hospital in conjunction with Children's Hospital of Orange County has found some interesting patterns concerning desert season and off-road vehicle-related injuries in children. The age of those injured ranges from 8 months to 14 years (the cutoff age for trauma being directed toward a children's hospital). Forty percent of the injuries are fractures and 20 percent of the injuries involved the skull, brain, spine, or other internal injuries. Moreover, about half of the fractures require surgery.

The primary vehicles involved in causing serious injuries are dirt bikes, which account for approximately 45% ; ATVs, quads, and other vehicles make up the rest. Far too many children fail to use proper safety equipment and or lack the safety training in the first instance. The study suggests that the lack of adequate regulation and enforcement is of great concern.

Applicable California Law

As a result of the negligence or reckless conduct of others, many are seriously injured or wrongfully killed. Therefore they have personal injury claims, and or their heirs have potential wrongful death or survivor actions against the responsible parties (see my prior Blog post for California's Wrongful Death Laws). Many off-road enthusiasts fail to understand that even while driving off-road that they must follow the same rules of the road regardless of whether they are off-road or not. Unfortunately, many of the wrongdoers fail to carry adequate insurance coverage, or any insurance at all (see my prior Blog post on California Uninsured/Underinsured Motorist Law).

Basic safety training and proper use of safety equipment can greatly reduce the risk of serious brain injuries, spine injuries, internal injuries, or broken bones requiring surgery. Motorcycle accidents, truck accidents, or ATV accidents can cause life altering injuries or death. If you or a loved one have been seriously injured or have lost a loved one in any accident before taking any action talk to an experienced personal injury attorney.

East County Magazine reported that Carlos Martinez of Escondido sustained serious internal and head injuries when he was ejected from his vehicle. The car accident happened on January 15, 2011 at around 5 a.m.. According to the San Diego Sheriff's office, Martinez, who was driving northbound on San Elijo Road in San Marcos, hit the center median, which caused his GMC Envoy to roll over. Martinez was ejected from the vehicle and transported to Palomar Medical Center.

Applicable California Law

Martinez will have potential claims for personal injury and lost earning and earning capacity against General Motors Corporation and the dealer where he purchased the vehicle. His claims will be based on theories of products liability (see my prior Blog post for California Products Liability Law). However, it is not clear why Martinez's vehicle drifted into the center divide, or if he was wearing his seatbelt at the time of the accident. If his conduct contributed to causing his own injuries, any claims he pursues will be reduced proportionately.

If proper safety equipment is being used, the occupants of a vehicle should not be ejected even if the vehicle rolls over. Products Liability claims arising out of auto accidents, bus accidents, or truck accidents where occupants are ejected generally cause serious brain injuries, spine injuries, or internal injuries that can be life threatening and or have lifelong consequences. Consulting with an experienced personal injury attorney to insure that a proper investigation is promptly conducted to preserve any evidence, is critical to proving your case.

San Diego Union Tribune reporter Harry Jones reported that a unnamed man riding a motorized scooter/wheelchair suffered a severe head injury as a result of being hit by a hit-and run driver in National City Christmas morning. Police Sgt. Robert Rounds said the 57-year-old man was riding along the shoulder of Paradise Valley Road near 8th Street when he was struck from behind by a burgundy pick up truck at around 10:30 a.m. "It totally destroyed the wheelchair and sent the man flying through the air," Rounds said. Joshua Becerra of San Diego, the 22-year-old driver of the truck, stopped long enough to pick up the debris from the truck and then fled from the scene. Later the same day Becerra's uncle called police and Becerra was taken into custody. "If the driver had just stuck around, he probably would've been OK, but when you leave like that it becomes a felony," Rounds said. The victim was hospitalized for head injuries and is in serious condition.

Applicable California Law

Becerra will face potential criminal charges for felony hit-and-run (see my prior Blog post for California hit-and-run law). In addition Becerra will have civil liability for the victim's injuries to include medical expenses, lost earnings and earning capacity as well as compensation for pain and suffering. However, it is not clear why the victim was riding in the street and not the sidewalk. If the victim's conduct contributed to causing his own injuries, his claims would be reduce proportionately. Since the victim sustained a serious head injury, Becerra's liability insurance limits are at issue. If they are inadequate, hopefully the victim is covered by his own uninsured/underinsured motorist coverage and or an umbrella policy (see my prior Blog post on California uninsured/underinsured liability coverage).

A day of celebration turns into tragedy. Auto accidents and truck accidents involving pedestrians generally result in serious spine and or brain injuries. Knowledge of the law and resources to get proper medical treatment are some of the benefits of talking to an experienced personal injury attorney.

Daily Pilot reporter Sara Peters reported that 23-year-old San Diego native Jessica Hoke was killed when she was struck in the head by debris from a car accident on December 30 ,2010 at around 8 a.m.. Jessica, a recent graduate from UC Irvine, was waiting to cross the street at Sunflower and Stevens Avenue to go to work at H&M at South Coast Plaza, when she was struck and died from her injuries three days later on December 3, 2010. The auto accident was caused when the unnamed 17-year-old driver of a pickup truck ran a red light and struck two vehicles. According to her uncle, David Hoke, Jessica's organs were donated through One Legacy, a transplant donor network and was quoted as saying "She was selfless," he said. "She always worked at making people better, which was something she was good at ... she wasn't pushy about it, but she had a real gentle way of encouraging people to be their best."

Our condolences go out to Jessica's family and friends.

Applicable California Law

Jessica's heirs will have wrongful death claims against the teenage driver and the registered owner of his vehicle pursuant to the wrongful death section of California's Code of Civil Procedure sections 377.60-377.62. In addition, her legal representative could pursue a "survivor action" in accordance with California Code of Civil Procedure sections 377.30-377.35 for damages not covered the wrongful death statute. Hopefully the responsible parties carry sufficient liability coverage. If not hopefully Jessica heirs have the benefit of adequate uninsured/underinsured coverage to attempt to obtain justice for their tragic loss.

A young life lost by being at the wrong place at the wrong time. Auto accidents resulting in wrongful death or serious brain injuries are catastrophic as no amount of money can replace a loved one or bring back the quality of life one enjoyed before a serious accident. However, conferring with an experienced personal injury attorney is a crucial step in the recovery process.