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.

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.

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.

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 News 6 reports that Emily Knudson is being praised as a hero for calling 911 on June 1, 2010 when she suspected the driver of the bus she was riding on was intoxicated. She was a passenger on a North County transit bus traveling between Oceanside and Encinitas when she noticed the bus driver, 40-year-old David Costello, was driving erratically, appearing sweaty, making random stops, including once to relieve himself on the side of the road.

Deputy Brenda Weibe stopped the bus and administered several sobriety tests, which Costello failed, and was said to have a blood alcohol level of .25 which is six times the legal limit for commercial drivers. Deputy Weibe said, "His right eye was actually closed -- and when I asked him to open his eyes, they were red, they were blood shot -- swollen and droopy. His motor coordination was slow, his speech was slow and slurred." Costello was taken into custody and transported to Vista jail.

Applicable California Law

Costello will face numerous criminal charges including driving under the influence and most likely reckless endangerment to name a few. However, had he caused an accident, he would also face potential claims for property damage, and or personal injury. Given his blood alcohol level, punitive damages for gross negligence could also be claimed. In addition, since Costello was in the course and scope of his employment, the North County Transit District would also be responsible for any damages. I would refer you to my prior Blog posts for the claims reporting requirements relating to public/government entities, as well as when employers can be subject to punitive damages for the acts of their employees.

Emily Knudson averted a potential catastrophe by alerting the authorities, which could have resulted in serious personal injury, or wrongful death to the passengers of the bus, pedestrians, or other motorists. Bus accidents, auto accidents, motorcycle accidents involving drunk drivers are far too common. In addition, route 309 is heavily traveled by bicycle riders, who are at great risk of serious injury. Being a resident of north county, the safety of my family, neighbors, and friends were at risk. Sometimes fate can put us in a harm's way, so when serious injury, or wrongful death touches our lives, the guidance and support of an experienced personal injury attorney is invaluable.