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.

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.

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.

UNION TRIBUNE reporter Caroline Dipping reported that a 34-year-old woman, her 17-year-old daughter, and the passenger in another vehicle being driven by a suspected drunk driver were injured on November 7, 2010. The accident happened in South Bay, on the 2200 block of Palm Avenue, at around 1:00 a.m.. The unnamed driver of a 2006 BMW was allegedly speeding and driving under the influence, when he sideswiped the victims' vehicle knocking it into a parked car. According to San Diego Police officer David Stafford, the unnamed woman was taken to the hospital with a broken femur. Her daughter, the driver of the BMW, and his passenger were also taken to the hospital for injuries. The driver was released and arrested on suspicion of driving under the influence.

Applicable California Law

The driver of the BMW will face potential criminal charges for driving under the influence (see my prior Blog post for California's DIU laws). In addition, he will be liable for the personal injuries sustained by the passenger in his vehicle, and the occupants of the other vehicle. However, his passenger's claim will be reduced if she knew he was driving under the influence and chose to drive with him, thus contributing to her own injuries. If the conduct of the driver of the BMW was reckless enough to constitute gross negligence, he could also be liable for punitive damages (see my prior Blog post in California's law on punitive damages).

Reckless driving while intoxicated poses a great danger to all motorists and pedestrians. Auto accidents, truck accidents, and bus accidents involving DUI drivers generally results in serious injuries or wrongful death. Discussing your case with an experienced personal injury attorney can help you get the fair compensation you deserve.

San Diego News 6 reported that 34-year-old Albert Holman of Mira Mesa was fatally injured while walking home from his birthday celebration on October 25, 2010. The car accident happened on the State Route 56, near Black Mountain Road exit, in Rancho Penasquitos. Holman was celebrating his 34th birthday at an Irish Pub in Carmel Mountain with friends, when he decided to walk home instead of driving because he had been drinking. His body was found on the side of the road early Tuesday morning. Police investigators impounded a Nissan Sentra from a home in Rancho Penasquitos. The vehicle had a shattered windshield, major front end damage, and a shoe believed to belong to the victim waged underneath it. The registered owner of the vehicle, 23-year-old Nicole Koval, who is a Cal State San Marcos nursing student turned herself in to authorities accompanied by her attorney. Friends of the victim say that Koval and Holman knew each other. They had met at the Carmel Mountain TGI Fridays where she worked as a server. According to CHP officer Art Athans, Koval's vehicle was believed to be the first of two vehicles that hit the victim, criminal charges have yet to be filed. CHP investigators continue to look into the matter.

Our deepest condolences go out to the family and friends of Mr. Holman.

Applicable California Law

Koval faces potential criminal charges for leaving the scene of an accident, as well as felony hit and run (see my prior Blog post on California Hit And Run law). In addition, she would be liable for the wrongful death of the victim (see my prior Blog post on California wrongful law). However, it is not clear whether the alleged second vehicle caused, or contributed to the victim's death, which will then affect Koval's liability proportionately. Furthermore, it is not clear what the victim was doing walking along the freeway, which may have contributed to his death and therefore, would reduce the value of any potential claims. Do the responsible parties have adequate insurance coverage? Does the victim have adequate uninsured/under insured coverage of his own if the responsible parties coverage is inadequate? These are just some of the important questions requiring further investigation.

A birthday celebration ends in a tragic death. Pedestrians are extremely vulnerable and are at greater risk of being the victims of auto accidents, truck accidents, or bus accidents resulting in serious injury or wrongful death. Investigating the circumstances of an accident and analyzing the facts is one of the many benefits of talking to an experienced personal injury attorney.

LOS ANGELES TIMES article by Michael Fumento illustrates why drivers who text are more dangerous than those who drive under the influence (DUI). Studies show that texting while driving is more perilous than drinking and driving. A 2009 study conducted by Car and Driver Magazine using two of its staffers, concluded that a legally drunk driver responded to sudden breaking better than a driver reading an E-mail, and significantly better than a driver who was texting. Participants in a 2007 Harris Interactive poll illustrate people's disregard for the laws, despite being in favor of banning the activity. Another study conducted at Virginia Tech, show that texting is 17 times more hazardous than driving and talking on the phone.

Applicable California law

The effectiveness of laws intended to deal with the problem of texting while was addressed at the Transportation Department's Summit in September. In California, penalties are insignificant as there is almost no enforcement ( California Vehicle Code 23123 and 23124 ). A first offence is a $20 fine, and $50 for subsequence violations, as compared to DUI violations that carry jail sentences, license suspension, and fines up to a $1000 for first time offences. The release of the results of two pilot programs by the Department of Transportation in Connecticut and New York, show that a combination of public service announcements and vigilance by police officers had a significant impact on reducing texting while driving.

Education, especially direct at young inexperienced drivers, as well as implementation of greater penalties, are key to deterring texting while driving. Serious injuries and wrongful death arising out of auto accidents, bus accidents, motorcycle accidents, or any accident involving distracted drivers can be avoided and are far too common. Talking to an experienced personal injury attorney promptly after an accident is key.

UNION-TRIBUNE Reporter Dean Calbreath reported that the driver of a North County Transit District bus and six passengers were injured on August 28, 2010, when a pickup truck entered their lane and collided with the bus. The accident happened on North Lake Wohlford Road near Valley Center Road at around 2:00 p.m.. According to California Highway Patrol Sergeant Scott Payson, the truck, which was traveling southbound, swerved into northbound lanes and struck the bus causing moderate damage. The driver of the truck was uninjured, however the driver of the bus and several passengers were transported to the hospital by ambulance. The truck driver is suspected of being distracted, possibly by a cell phone.

Applicable California Law

California Vehicle Code 21651 makes it illegal to cross over a barrier, or double yellow lines, unless designated to do so. Moreover, California Vehicle Code 32123 requires hands free use of cell phones while operating a vehicle. Since Lake Wohlford Road is divided by double yellow lines at the location of the accident, the driver of the truck, crossing into oncoming traffic, would be in a violation statute. Furthermore, if the truck driver was using a cell phone without a hands free device, in addition to being distracted, would also be a violation. Thus, the truck driver would be responsible for the damage to the bus as well as its occupants. The question being, with seven potential injury claims does the truck and or the driver carry adequate insurance limits?

Having traveled Lake Wohlford Road on several occasions, and having represented several individuals who were injured in accidents on that road, I know how treacherous it can be. It is primarily one narrow lane in each direction, which makes driving extremely hazardous. The danger of accidents resulting in serious injuries is even greater when trucks, buses, or autos are involved. If you, or someone you love, has been seriously injured by a careless driver, talk to an experienced personal injury attorney.

San Diego NEWS 10 reported that 35-year-old Carlos Martinez, the driver of a Jeep Cherokee, was arrested for felony drunk driving after he drove into a bus stop on August 19, 2010 injuring a 15-year-old boy. The truck accident happened at around 6:45 a.m. at the corner of Plaza Blvd. and Palm Ave., in National City. The unidentified boy was run down and sustained multiple injuries including broken bones and was hospitalized. There were no skid marks at the scene to indicate that Martinez made any attempt to break prior to hitting the boy.

Applicable California Law

In addition to criminal charges, Martinez will be liable for the teen's personal injuries (see my prior Blog post for DUI law). According to numbers compiled by the National Highway Traffic & Safety Administration, around 250,000 people have died in the past decade in the U.S. as a result of alcohol-related crashes. That's about 25,000 deaths annually. Car crashes are the leading cause of death for young Americans between the ages of five and 35; of fatal crashes involving young people, at least 50% have involved alcohol or drugs. Over 700,000 people a year are injured in alcohol-related crashes. Young people (between the ages 16 and 24) are much more likely to drive under the influence than are adult Americans (ages 24 and up). Although only one in every five drivers on the road is between the ages of 16 and 24, more than 40% of all DUIs involve drivers in this age bracket. In 2007, Hispanics (45.9 %) represented the largest ethnic group among DUI arrestees.

Although statistics indicate an overall decrease in DUI related deaths and injury accidents, they are still a daily occurrence. Auto accidents, truck accidents, and bus accidents involving the use of alcohol or drugs generally have grave consequences. If you or a loved one has sustained serious injuries due to a DUI driver, call an experienced personal injury attorney.

East County Magazine reported on July 18, 2010 that a 65-year-old pedestrian was struck by a hit-and run driver in the College area of San Diego. The victim was found lying in the street around midnight on the 6400 block of Alvarado Road. Police reported that the 57-year-old driver of the hit-and run vehicle, who had been drinking, returned to the scene and admitted to having struck something. Further investigation determined that she was the one who had struck the victim, who was transported to a local trauma center and diagnosed with multiple injuries including a broken leg and brain injury.

Drunk driving in California is on the rise, and is increasingly becoming a problem for law enforcement, motorists, cyclists, and pedestrians (see my prior Blog post San Diego Woman Arrested For Fatal Coronado Traffic Accident for further details).

Applicable California law

California Vehicle Code 20001 details the requirements and penalties for drivers involved in vehicular accidents resulting in personal injury. California Vehicle Code 23152 prohibits driving while under the influence of alcohol. The driver of the vehicle will likely be charged with both offenses. The issue, which is of the greatest concern, is whether she has sufficient insurance coverage or other assets to adequately compensate the victim. In this particular instance, the pedestrian having sustained a broken leg and brain injury resulting in bleeding of his brain, will have tens or hundreds of thousands of dollars in medical expenses. In addition, the man will most likely have significant, and possibly life long residual physical and psychological challenges, from his injuries requiring ongoing treatment.

Pedestrians, in particular, are at great risk from inattentive motorists. This is further aggravated when drivers are intoxicated. Car Accidents, Truck Accidents and Bus Accidents involving pedestrians in most cases result in catastrophic injuries or death. Victims or their loved ones should seek the counsel of an experienced personal injury attorney.

SAN DIEGO UNION TRIBUNE STAFF WRITERS Karen Kucher and Erin Noonan report that seven students and their bus driver were injured on June 9, 2010 when their bus lost control and rolled after being hit by a car. One student was airlifted to Scripps hospital in La Jolla, and the rest were transported by ambulance to local hospitals. The accident occurred at around 11:20 a.m. on North El Camino Real at or near North Douglas Drive in Oceanside.

According to Oceanside police Sgt. Jeff Brandt a white Toyota being driven by 81-year-old Betty Hoke pulled onto El Camino Real from the Laguna Vista mobile home park and merged into the bus' left rear wheel. "It looks like that person merged right under the bus, which sent the bus out of control," Brandt said. "A set of wheels went right over the top of the car. You can see the tire tread marks up over the hood of the car." School officials said the high school students on the bus were part of an cross-age tutoring program to help elementary students with math and reading.

Applicable California law

Hoke will be liable for the damage to the bus as well as the personal injuries to the bus driver and students for her violation of California Vehicle Code 21658, unsafe lane change, and other code violations, which caused the injuries. I would refer you to my prior Blog posts relating to the requirements on driver competency and age limitations. However, of particular concern is whether she has sufficient insurance liability limits to adequately compensate all of the injured. California's minimum bodily injury limits of 15/30 provides a maximum of 15,000 to any one claimant, and a total of 30,000 for all claimants in any given accident. Thus, depending on the nature and extent of the injuries, and the number of claimants, Hoke's insurance might not be enough to adequately compensate the injured. If the injured have their own Uninsured/Underinsured ( UM/UIM ) coverage with limits greater than the party at fault, their own insurance can be used to bridge the gap even when they are not driving, or riding in their or their family's vehicle.

When I meet with new or prospective clients, and review their insurance policies I am always shocked by how many people do not carry UM/UIM coverage, or have minimal limits. Unfortunately, there are times when attorneys can not help injury victims because there is either no insurance, or inadequate insurance coverage. Frequently the cases involving the most serious and compelling injuries, pose the greatest challenge. UM/UIM coverage is for the direct benefit of you and your family, so purchasing the highest limits you can afford, is not a luxury but a necessity. Car accidents, bus accidents, truck accidents involving large vehicles tend to have a high likelihood of causing serious injuries. Having adequate insurance coverage, and consulting with an experienced personal injury attorney when you or someone you know has been seriously injured is a necessity.

San Diego 10 News reported that 11 students were injured in a bus accident at the Golden Acorn Casino on the Campo Indian Reservation on 5/18/10. The fifth grade students from Yuma, Arizona stopped at the casino for a break on their way to the San Diego Zoo, when the bus hit a light pole propelling them out of there seats and injuring several students. According to Mike Mahler of Cal Fire, the children were taken to Sharp Grossmont Hospital and Alvarado Hospital to be examined. Although the accident is still under investigation, reports say the bus driver was turning and did not see the pole.

Applicable California Law

The parents, as the injured children's representatives, would have potential claims against both the driver of the bus as well as the company who employed the driver, assuming the driver did not work for the school district, which owned the bus. The school district could be liable, if the bus driver was one of their employees, and claims would need to be filed with the appropriate agencies in compliance with local Arizonian laws. As a general rule, the place where an accident occurs is where any potential law suites should be filed. Since the incident took place on an Indian Reservation, and the U.S. government recognizes Indian Tribes as sovereign nations, their tribal laws would govern the policies and procedures for resolving any law suites. However, in Southern California the cases would be adjudicated by the Intertribal Court of Southern California if a tribal member or the casino was partially responsible for the accident. If all the parties to the law suit reside in Arizona, then the action could be brought in that jurisdiction.

A simple trip to the zoo resulted in an accident causing personal injury. A brief moment of inattention or distraction can result in injury or death. Auto accidents, pedestrian accidents or any accident involving a large vehicle, such as a bus accidents, can cause injuries. If you or someone you know has been injured in a bus accident, talking to an experienced personal injury attorney can help resolve complicated issues

UNION-TRIBUNE staff writer Jose Jimenez reported that nine people were injured when a Mitsubishi Eclipse struck a Metropolitan Transit System bus on 3-24-10 at 3:40 p.m. in City Heights. The Eclipse was traveling south on 37th Street and ran through the stop sign at University Avenue. The car struck the eastbound bus carrying 40 passengers, said San Diego police Sgt. Ron Bailiff. The injured, who sustained spine injuries to their necks and backs, ranged in age from 18 to 55. Two were considered seriously injured and one was treated by paramedics at the scene. The driver of the car described as a man between 18 to 25 years old tried to leave but his car, which sustained major damage, stalled on 37th Street, Bailiff stated. The driver was then seen running north on 37th Street and has yet to be identified by authorities. An open container was found in his vehicle leading police to believe he was driving under the influence at the time of the incident.

Applicable California Law

If the driver of the Eclipse is identified he will face criminal charges for leaving the scene of the accident and possibly for driving under the influence of alcohol. In addition to being liable for the victims injury claims, if he was driving under the influence, he could be subject to punitive damages. If he can not be identified and the vehicle has a different owner, the owner of the vehicle could be held liable under a theory of permissive use, if the driver was driving with their permission. If the driver was the sole owner of the vehicle and is never found the injured victims would have to peruse uninsured motorist claims, if they have the benefit of such coverage. It is not clear if the bus driver contributed to the accident, however if the bus driver did contribute to causing the accident, claims with the MTS must be filed in a timely manner.

Auto accidents involving personal injuries caused by people driving intoxicated are far too common. Bus accidents resulting in spine injuries can be very complicated to handle for someone who does not know the law and the rules in pursuing claims against public entities. If you have been seriously injured in an accident, it is crucial that you get the proper advice and guidance from an experienced personal injury attorney.