San Diego Personal Injury Lawyer Blog

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.

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 News 10 reported that 18-year-old Junethea Centeno, a student at Palomar College, was fatally injured on April 12, 2011. The auto accident happened around 3 a.m. when Junethea was driving northbound on I-15 near Felicita Road, lost control of her Honda Civic, and struck the corner of an unmarked and unprotected concrete barrier. Her father June Centeno, a Navy corpsman, was quoted as saying, "If she only hit the side of the road where the barrier is, the car could have slid down, versus hitting the end of a barrier. If things were set up the way they should be, they could have softened the impact. She'd be alive today." Junethea's boyfriend, Jon Mata, who came to the accident scene shortly after the crash, said that there were no cones, drums, reflectors, or other safety measures taken by construction crews, which might have saved her life.

Our deepest sympathy goes out to the Centeno family and friends.

Applicable California Law

The Centeno family will have potential wrongful death claims against Caltrans, any contractors, and or subcontractors responsible for the condition of the highway that caused Junethea's death (see my prior Blog post on California Wrongful Death Law). In order to present any claims, a notice of claim must be filed with the appropriate government agency (see my prior Blog post on the Government Claims Statute). However, it is not clear why Junethea lost control of her vehicle in the first instance. If her conduct contributed to her death, then any claims would be reduced proportionately.

A young life tragically lost due to the failure to take appropriate safety measures. Auto accidents on the highway usually result in serious injuries or wrongful death. Knowing the deadlines that need to be addressed, claims that need to be made, and who is entitled to compensation, are some of the benefits of consulting with a personal injury attorney.

The Associated Press reported that several members of a Los Angeles fire crew comprised of inmates and one Los Angeles County firefighter, were injured and two were killed in a head on auto accident on Tuesday November 23, 2010. The fatal crash occurred on Highway 138, south of Gorman, when a Subaru Forester being driven by 83-year-old Milton Bacon of Gardnerville, Nevada veered into oncoming traffic and hit the fire crew's truck. A dozen firefighters were hospitalized, four were seriously injured and in critical condition. Mr. Macon as well as one crew member, San Diego resident Fernando Sanchez, who was ejected from his vehicle, were fatally injured.

Our condolences go out to the families and friends of the deceased.

Applicable California Law

All of the injured and the heirs of the deceased will have personal injury and wrongful death claims against Mr. Bacon (see my prior Blog post on California's wrongful death law). In addition, the crew's foreman can make claims for workers compensation benefits since he was injured while on the job (see my prior Blog post for California law on workers compensation/injury law). Since the inmates who were on the fire crew truck were in the custody and control of the corrections department when they were injured or fatally injured, they and their heirs also have potential claims against the corrections department and or the county Fire Department if the vehicle they were riding in was not properly equipped with seatbelts or otherwise unsafe. A timely claim must be filed with the proper agencies and strict compliance with the government claims statutes pursuant to Government code section 945.4. Although the cause of the crash is still under investigation, the fact that Bacon crossed onto oncoming traffic would strongly suggest he was the primary if not the sole cause of the accident (see my prior Blog post on California's driving law).

Regardless of who caused the accident, the loss of life and critical injuries are devastating. The assistance of an experienced personal injury attorney is crucial in order to properly handle auto accidents and truck accidents resulting in serious injuries or wrongful death.