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.

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.

Orange County Register Alejandra Molina reported that Ruben Chavez, a 31-year-old truck driver from Tijuana was struck and killed on September 27, 2011. The fatal auto accident happened at around 6 a.m. on Interstate-5 near the Avenida Vista Hermosa exit. According to CHP officer Chris Goodwin, Chavez pulled to the side of the road due to mechanical problems with his truck. Chavez exited his truck and was standing on its left side when an unnamed 64-year-old San Diego man in a BMW traveling in the No. 4 lane drifted onto the right shoulder and sideswiped the truck and hit Chavez, who was pronounced dead at the scene. The incident is still under investigation.

Our condolences go out to the Chavez family and friends.

Applicable California Law

California Vehicle Code 22107 prohibits the movement of a vehicle from a direct course unless it can be done safely. The driver of the BMW will face civil claims for the wrongful death of Mr. Chavez (see my prior Blog post San Diego Woman Killed by Auto Accident Debris for California law on wrongful death claims and damages). It is not clear if Rubin was working for an U.S. or a Mexico-based company, which would impact potential workers compensation claims by his heirs since he was killed while on the job (see my prior Blog post San Diego EMT Fatally Injured In Multi Vehicle Auto Accident for wrongful death claims involving workers comp).

Whenever someone pulls off to the shoulder or side of the road they should take proper precautions, to warn other motorists and for their own safety. Auto accidents and truck accidents involving pedestrians usually result in serious injuries or wrongful death. Exploring all of your options by conferring with an experienced personal injury attorney before taking any action is key to getting justice.

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.

San Diego News 10 reported that an unnamed 25-year-old woman was killed by a hit-and-run driver on August 22, 2011. The auto accident happened at around 3:30 a.m. on state Route 76 near the La Jolla Indian Reservation. The woman was walking on the side of the road when she was struck by a 2002 Ford Taurus, whose driver fled the scene. According to CHP officer Chris Parent, the vehicle was found abandoned near Valley Center Road and the alleged driver Rickey Burns, 69, of Escondido was later arrested on suspicion of felony hit-and-run.

Our condolences go out to the family and friends of the deceased woman.

Applicable California Law
Burns will face criminal felony hit-and run charges for 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 Law). In addition, the heirs of the deceased woman will have claims for wrongful death (see my prior Blog post Escondido Hit-And-Run Auto Accident Causes Death Of Teen for California Wrongful Death Law). However, there might be mitigating circumstances that could reduce the value of any claims, as it still unclear if by walking alongside the highway, the woman contributed to her own death (see my prior Blog post Carmel Mountain Hit & Run Auto Accident Kills Pedestrian for California Law On Comparative Negligence).

Walking along poorly lit rural roadways can be extremely dangerous. Auto accidents and truck accidents involving pedestrians often results in serious injuries or wrongful death. An analysis of the facts and circumstances of a serious accident by an experienced personal injury attorney is critical to knowing your rights.

San Diego News 10 reported on the physical pain and tragic loss of a loved one experienced by David Abilez who survived an auto accident on June 3, 2011. Abilez, his girlfriend, and her son were waiting at a bus stop in City Heights when they were struck by a PT Cruiser being driven by Jean Chizer-Williams,71, who suffered a diabetic attack and was driving with a suspended license (see my prior Blog post San Diego Bus Stop Auto Accident Kills One And Seriously Injures Two). Abilez sustained multiple serious injuries including a compound fracture of his leg, requiring doctors to surgically insert a rod to support his leg. Even more devastating was the loss of his girlfriend Vanessa Shane. As he choked back the tears, Abilez was quoted as saying, "Not a day goes by that I don't think about her." "She is the most innocent and caring person in the world." Vanessa's son Elijah suffered a broken arm, a punctured lung, and according to family members, he is still having nightmares and trouble coping with the loss of his mother.

Applicable California Law

For analyses of the legal theories on liability and damages see my prior Blog post San Diego Bus Stop Auto Accident Kills One And Seriously Injures Two). Beyond the physical injuries and monetary damages are the emotional and psychological impacts. Community resources such as the county of San Diego Health and Human Services Agency and San Diego Youth Services provide support for those in crisis, as well as other agencies such as San Diego Family Services.

The loss of a loved one due to wrongful death is devastating. Auto accidents causing serious injuries or wrongful death have lifelong consequences. Having the knowledge of the available resources to deal with the physical pain and loss is one of the benefits of consulting with an experienced personal injury attorney.

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.

Union Tribune reporter Pauline Repard reported that in San Diego County and statewide, fatalities and drivers arrested for drunk driving during the New Year's weekend were significantly less than a year ago, most likely because it lasted only three days this year as compared to four a year ago. According to CHP officer, Jesse Udovich, there were 60 arrests and one fatality in San Diego over the holiday weekend compared to last year when there were 101 DUI arrests and three fatalities. Statewide there were 961 drunk driving arrests and 25 DUI related deaths compared to 1388 arrests and 36 deaths a year ago.

Kelly McPherson, 53, of Mission Valley was fatally injured when he tried to walk across Murray Drive in La Mesa at around 1:30 a.m. on January 1, 2011. The driver of the vehicle that hit him, 48-year-old Dana Lohner was later arrested on suspicion of drunk driving.

Applicable California Law

Lohner will face felony criminal charges for driving under the influence and causing death or injury (see my prior Blog post for California DUI Law). In addition, McPherson's heirs will have wrongful death claims against Lohner (see my prior Blog post on California Wrongful Death Law). Furthermore, Lohner could face additional claims for punitive damages for her reckless conduct of driving while intoxicated (see my prior Blog post on California Punitive Damage Law).

Although seemingly the new year started out on a positive trend, it was still fraught with tragedy. Wrongful death or serious injuries resulting from auto accidents or truck accidents involving pedestrians are catastrophic. Consulting with an experienced personal injury attorney is critical to obtaining justice.

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.

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.

SAN DIEGO NEWS 10 reported that four people were injured as a result of a high speed chase with a Carlsbad police officer on September 22, 2010. The incident began at around 1:30 p.m. when a Carlsbad police officer was investigating a report of a Honda accord being driven recklessly while its occupants were throwing debris at passing vehicles. According to Carlsbad Police Lt. Marc Reno, the 17-year-old driver of the Accord did not yield to the investigating officer and the pursuit began. The teen driver hit a sign on the off-ramp while exiting Interstate 5 at Carlsbad Village Drive and then hit a Jeep stopped at the light at Monroe Street. The woman driving the Jeep and one of the passengers in the Accord were transported to Palomar Medical Center. Two others, who sustained serious injuries were flown to Scripps Memorial Hospital in La Jolla. Further investigation will determine if drugs were involved, as drug paraphernalia was found in the Accord.

Applicable California Law

The driver of the Accord will face potential criminal charges for reckless driving, evading a police officer and possibly driving under the influence. In addition, he will be liable for any damage to property, personal injury to his passengers and the woman in the Jeep, as well as possible punitive damages for gross negligence ( see my prior Blog post for the law on punitive damages). If his passengers participated in, and or contributed to his reckless conduct, or contributed to causing their own injuries, their claims would be reduced accordingly. If the Carlsbad police officer followed their policy and procedure for high speed pursuit he and the city would be immune from any liability.

At times teenage drivers are reckless because they lack experience and maturity when driving. Their indifference to other vehicles on the road causes auto accidents, motorcycle accidents, danger to pedestrians and property. If you have been seriously injured, or lost a loved one, due to a reckless driver contact an experienced personal injury attorney.

NORTH COUNTY TIMES Reporters Morgan Cook and Sarah Gordon reported that 61-year-old Roger Minx of Escondido was killed as a result of a car accident that occurred on September 10, 2010 while crossing the street in his wheelchair. The fatal auto accident happened around 7:30 p.m. as Minx was struck by an unnamed motorist while crossing East Valley Parkway at Fig Street. Minx was taken to Palomar Medical Center with multiple injuries and internal bleeding. He died in the intensive care unit on Saturday according to the medical examiner's office.

Our condolences go out to the Minx Family and friends.

Applicable California Law

California Vehicle Code 21950 requires that a motorist yield the right of way to a pedestrian crossing the street. However, the code also requires the pedestrian to exercise caution for his or her own safety. There are no facts to indicate that Minx did not use due care, which contributed to his injuries. Thus, Minx's heirs would have a wrongful death claim against the driver and owner of the vehicle that hit him. In addition, the personal representative of his estate could pursue a "Survivor Action" for any damages not provided for by California's Wrongful Death statute. If the driver or owner of the car does not have adequate insurance coverage, the heirs could pursue an underinsured motorist claim if Mr. Minx or a family member of his household has coverage, which is more than the total of all available policy limits for the driver or owner. The fact that Minx was a pedestrian at the time of the accident, would not preclude his heirs from pursuing a claim under his policy.

Crossing the street even under normal circumstances can be hazardous. Auto accidents and truck accidents involving pedestrians are usually caused by inattention by one, or both parties involved, and can result in serious injuries or death. Having accurate and in depth information from an experienced personal injury attorney can be very comforting to the survivors of a tragic accident.