San Diego Personal Injury Lawyer Blog

San Diego News 10 reported that an unnamed 21-year-old man was seriously injured when his motorcycle collided with an automobile on January 31, 2012. According to San Diego police Officer Dino Delimitros, the auto accident happened in the Barrio Logan area at around 5p.m. when the motorcyclist who was eastbound on Main Street, struck a Chevrolet Monte Carlo, which was traveling westbound and was turning left onto Vesta Street. The rider was seriously injured having sustained multiple injuries including a broken femur and clavicle and was transported to a local hospital for treatment. The incident is still under investigation by SDPD Traffic Division.

Applicable California Law

At first blush it would seem that the driver of the Monte Carlo is at fault for violation of Vehicle Code 2181(a), which requires the driver of a vehicle who is turning left to yield the right-of-way to all vehicles approaching from the opposite direction and are close enough to constitute a hazard during the turning movement. However, drivers also must exercise due care when approaching the turning vehicle. Since the intersection in question is controlled by a traffic light, the color of the light for each respective driver will be crucial in determining who is at fault as well as the speed of each vehicle. Once liability is determined, the driver and owner of the car will be responsible for the victim's property damage and personal injuries proportionate to their respective fault.

Motorcycle riders must exercise extreme caution and vigilance for safety as they are most vulnerable to serious injuries from accidents. Motorcycle accidents resulting from car accidents are a leading cause of serious injuries and wrongful death. Exploring your options with the aid of an experienced personal injury attorney after sustaining a serious injury or the loss of a loved one is crucial.

Fox Business writer Susan Ladika reported that San Diego is ranked first among the nation's major cities for DUI citations. The report is based on statistics from Insurance.com from November 1, 2010 to October 31, 2011. Furthermore, it is the second year in a row San Diego leads the list. However, confounding factors such as lack of public transportation and vigilance by local police could account for the high ranking. Peter Moraga, spokesman for the Insurance Information Network of California, speculates that California leads in DUI citations because it is a "car-centric state," and law enforcement officials are "very attuned to the danger of driving under the influence." Other factors such as tourists, visiting business people, people in the military, and young drivers contribute to the problem. According to the FBI there were 1.4 million DUI arrests in 2010.

Applicable California Law

For the law and other factors affecting DUI accidents in California see my prior Blog post UC San Diego Study On DUI Car Accidents Causing Serious Injury Or Fatalities.

The holidays and, in particular, New Years can be very dangerous for motorists due to impaired drivers on the road. Auto accidents, motorcycle accidents, truck accidents, or any accident involving DUI drivers often result in serious injuries or wrongful death. If you or a loved one are the victim of an intoxicated driver seek the advice of an experienced personal injury attorney.

San Diego Fox 5 News reported that 26-year-old Kristopher Murray of Vista died from injuries resulting from a motorcycle accident on November 12, 2011. The fatal auto accident happened at around 2:30 a.m. when Murphy was riding his Yamaha R1 motorcycle southbound on North Santa Fe Drive, allegedly at a high rate of speed. A Honda minivan traveling on Darwin Road made a left turn onto northbound North Santa Fe Drive causing Murray to run into the rear drivers side of the van. According to the Medical Examiners Office, Murray who was ejected from his motorcycle, was pronounced dead at the scene.

Our sympathy goes out to the Murray family and friends.

Applicable California Law

California Vehicle Code 21801(a) requires the driver of a vehicle intending to turn left to yield to opposing traffic, which is close enough to constitute a hazard. Thus, the driver of the van and the registered owner would be liable for any property damage as well as the wrongful death of Murray (see my prior Blog post for Wrongful Death Law In California). However, California Vehicle Code 21801(b) requires the driver of an approaching vehicle to yield to a turning vehicle, which has yielded to oncoming traffic and given a proper signal. In addition, Vehicle Code 22350 requires the driver of a vehicle to drive at a speed, which is prudent and reasonable under prevailing conditions. Therefore, if further investigation determines that Murray was driving too fast and or failed to yield to the van, then any claims made by his heirs would be reduced in proportion to his contributing to his death.

The freedom of riding a motorcycle can be exhilarating and dangerous. Auto accidents resulting in motorcycle accidents generally cause serious injuries or wrongful death. Issues of liability and damages can be complex, which is why you should consult an experienced personal injury attorney before taking any action.

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.

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.

KABC News Los Angeles Elex Michaelson reported on the homecoming of Derek Thomas of Encinitas who was critically injured in an auto accident on Highway 395 outside of Bishop last year (see my prior Blog post San Diego Students Killed In Head-On Collision). Derek, a football star at Cathedral Catholic High, was returning to San Diego from a track trip to Mammoth when the fiery crash left him with burns to 85 percent of his body and the wrongful death of his friends. His injuries required that he be placed in an induced coma and endure 33 skin graphs over the last 11 months at the Grossman Burn Center at West Hills Hospital before he could return home. When he was first admitted he was given less then a one percent chance of surviving his injuries and Grossman Burn Center Director Peter Grossman was quoted as saying "We have many, many fascinating, wonderful, courageous individuals." "But Derek Thomas stands at the very apex." However, this is only the beginning of Derek's challenges, as he will require future reconstructive surgeries in an attempt to regain some of his pre-accident mobility. Derek's father Randy Thomas said "It was the most difficult thing I ever went through, to try and touch on a reality that is unfathomable."

Applicable California Law

For review and analysis of the applicable California law see my Blog post San Diego Students Killed In Head-On Collision.

Life can change in an instance, it only takes being at the wrong place at the wrong time. Auto accidents, truck accidents, or motorcycle accidents resulting in critical injuries, which can last a lifetime or result in wrongful death. When dealing with the complicated issues associated with serious injuries or the loss of a loved one, the guidance of an experienced personal injury attorney is essential.

San Diego News 10 reported that 77-year-old James Cummings of Ocean Beach was fatally injured as a result of an auto accident on July 7, 2011. The fatal accident happened around 12:30 a.m. and was caused by an unnamed 15-year-old boy who was joy-riding in his mother's Toyota 4-Runner with four of his friends. He missed a turnoff on Ingram Street and backed up into oncoming traffic on Sea World Drive. Cummins traveling west bound in his Mercury LTD ran into the rear of the SUV and had to be cut from his vehicle before being taken to UCSD Medical Center where he died around 5 a.m.. Cummins, a physicist at the Naval Warfare Systems Center for 54 years, was a dedicated employee. His supervisor Alan Lockwood was quoted as saying "He had kind of a southern charm. He would tell the ladies 'I love you' and 'I love you, sweetheart'... that kind of thing and they would just smile at him." Lockwood said Cummins was always upbeat and did not have the personality of a typical scientist. He was also dedicated to his work. "I asked him one time, 'Why don't you retire?' And he said, 'Well, this is my life,'" said Lockwood. "He said as long as he could walk across the street from the parking lot he would keep coming every day.". Cummins was known to be somewhat eccentric and would often sleep in his car. Kevin, his grandson, said "Nobody could ever put a finger on why he was that way, but - I don't know - he was just different than everyone else." Kevin said "Gramps" was like Leonardo DaVinci, a genius with quirks.

Our condolences to the Cummins family and friends.

Applicable California Law

California Vehicle Code 12814.6 establishes the minimum age and requirements for obtaining a drivers license in California. Since the driver of the SUV was only 15 even if he had a permit, which his mother would not confirm, he is required to have an adult supervising him at the time. Furthermore, by backing up onto Sea World Drive, he violated California Vehicle Code 21804(a), which requires the driver of a vehicle entering a roadway to yield the right of way to any vehicle close enough to constitute an immediate hazard a violation of which would impose civil liability. However, given the fact that the SUV driver was under age and driving without his mother's permission there probably would be no insurance coverage. Thus, the Cummins' heirs as well as the injured passengers in the SUV would need to have their own uninsured motorist coverage to be compensated for any wrongful death or personal injury claims (see my prior Blog post on California UM/UIM and Umbrella Coverage).

Another instance of a youthful driver showing poor judgment resulting in tragedy. Auto accidents, motorcycle accidents, or boat accidents involving young inexperienced drivers often result in serious injury or wrongful death. When tragedy strikes, find out what your rights are by consulting with 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.

NBC News reported on a new study, which recommends lowering the legal limit for DUI arrests. The study conducted by sociologist David Phillips and Kimberly Brewer at the University of California San Diego suggests that even one drink can seriously impair a driver enough to cause an accident resulting in serious injuries or wrongful death. The study was in part based on data from the Fatality Analysis Reporting System, which contains statistics on U.S. drivers involved in fatal car accidents. The researchers analyzed the ratio of severe injuries and minor ones involving 1.5 million people between 1994 and 2008. According to Phillips, "accidents are 36.6 percent more severe even when alcohol was barely detected in driver's blood." "Compared with sober drivers, buzzed drivers are more likely to speed, more likely to be improperly seat-belted and more likely to drive the striking vehicle, all of which are associated with greater severity," Phillips said. Phillips hopes the study will influence legislators to lower the blood alcohol levels for impaired drivers so as to reduce severe injuries, which will save lives.

Applicable California Law

California lowered its blood alcohol concentration (BAC) to .08 in 1990. California Vehicle Code 23152 makes it illegal to drive while under the influence of alcohol or drugs (see my prior Blog post San Diego Woman Arrested For Fatal Coronado Traffic Accident for California's Driving Under the Influence Law). In addition to criminal penalties, there is civil liability for those who injure or fatally injure victims (see my prior Blog post San Diego DUI Statistics Improve On The New Year for California Wrongful Death and Punitive Damage Law).

Intoxicated drivers, often fail to understand that even one drink affects their ability to make appropriate decisions while operating their vehicle. Statistics and studies show that auto accidents, motorcycle accidents, and truck accidents involving alcohol and or drugs usually result in serious injuries or wrongful death. Victims and their loved ones should consult with an experienced Personal Injury Attorney before they take any action.

San Diego News 10 reported that 28-year-old Nicholas Thibault pleaded guilty to gross vehicular manslaughter and was sentenced on May 10, 2011 for the death of 48-year-old Brent Routley. The fatal auto accident happened on February 27, 2011 when Thibault, who was drunk at the time, veered off the road as he exited the I-805 in City Heights. Routley who was camping in the shrubbery was struck and killed by the BMW, which Thibault had borrowed. Routley was survived by his wife Michelle, children, and grandchildren. His wife was quoted as saying "He's (Thibault) taken away my partner for life. He's taken away my future." A friend Dorothy Fenley said Routley had just gotten a job and was on his way to getting his life back together.

Our condolences go out to the Routley family and friends.

Applicable California Law

Thibault pleaded guilty to vehicular manslaughter for violation of California Penal Code Section 192. Furthermore, he as well as the owner of the vehicle will be liable to the Routley family for Brent Routley's wrongful death (see my prior Blog post on Wrongful Death Law in California). The owner of the BMW will be liable for entrusting his vehicle to another regardless of any fault under California's permissive use law Vehicle Code Section 17150. If the owner of the BMW knew or should have known that Thibault was drunk when he let him use the vehicle, he would be responsible for negligent entrustment. Thibault could also face claims for punitive damages for gross negligence for driving under the influence (see my prior Blog post on California DUI Law).

Just as a man is turning his life around, he is tragically killed. Auto accidents, truck accidents, and motorcycle accidents involving reckless drunk drivers often result in serious injury or wrongful death. The aide of an experienced personal injury attorney can help surviving family members obtain justice.

San Diego News 8 reported that San Diego police officer, Bruce Byron, was seriously injured as a result of an auto accident on March 30, 2011. The motorcycle accident occurred around 6 a.m. when the 47-year-old Byron, a 19 year veteran of the SDPD, was on his way to work from his house in San Marcos. He was riding his police motorcycle eastbound on Borden Road when Cynthia Kusimoto a 27-year-old Escondido woman driving a Honda Civic northbound on Palo Alto Court turned left in front of Byron's motorcycle, according to Sheriff's Sgt. Stephanie Guerra. Byron collided with the drivers side of the Civic and sustained multiple injuries including a broken leg, hip injury, lacerations, and was transported to Palomar Medical Center

Applicable California law

Officer Byron will have personal injury claims as a result of the Civic driver's violation of California vehicle code 21801 requiring the driver of a vehicle to yield the right-of-way to all vehicles approaching from the opposite direction, which are close enough to constitute a hazard. This would include medical expenses, lost earnings and earning capacity as well as compensation for pain and suffering. In addition, if Byron is precluded from working for an extended period of time, he could be eligible for disability benefits through his work, and or the state. Although he was riding his police motorcycle, if he was not in the course and scope of his employment, he would not be eligible from workers compensation benefits.

An ordinary ride to work results in tragedy. Motorcycle accidents, and auto accidents can cause severe and life-long injuries. Finding out what your rights are is one of the many benefits of consulting 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.

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.

San Diego News 10 reported that five people were injured because of an auto accident resulting from a high speed chase with police on February 4, 2011. The chase started at around 9 p.m. on Highway 163 when a CHP officer tried to pull over a speeding vehicle whose driver refused to stop. The pursuit continued through downtown when, at Sixth Avenue and A Street, the fleeing vehicle hit another vehicle, which was occupied by a couple and their young daughter. "It was definitely a violent collision" said San Diego police Sgt. James Reschke. "He was doing some serious speed." According to witness Eric Moore, "When I looked in my rearview mirror... I saw a car flipping over." Multiple officers attempted to restrain the driver of the fleeing vehicle, who kicked out a patrol car's window. "He was high on something: alcohol or drugs or both," said Reschke. The intoxicated driver, his passenger, and the occupants of the other vehicle were all injured and taken to local hospitals for treatment. Subsequently, the reckless driver and his passenger were both arrested for speeding and other violations.

Applicable California Law

The driver of the fleeing vehicle will face potential criminal charges for violation of Penal Code 148 resisting or avoiding arrest, Vehicle Code 22350 California's speed law and DUI (see my prior Blog post on California's DUI Law) to name a few. In addition, he will face civil liability for any property that was damaged as well as for the personal injuries he caused. Furthermore, he could face potential claims for punitive damages for gross negligence (see my prior Blog post for the law on Punitive Damages). If the passengers of his vehicle pursues any claims, they could be reduced to the extent that their conduct contributed to their own injuries.

A family outing is ruined by a reckless driver. Auto accidents, and motorcycle accidents, caused by reckless drivers generally result in serious injuries. The council of an experienced personal injury attorney is crucial to knowing what claims should be pursued.

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.