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.

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 News10 reported that 21-year-old Richard Garrison and his brother John, 20, of Valley Center were viciously attacked by a pack of Pit Bulls on November 27, 2011. The dog attack happened while the brothers and three family members were jogging on a trail near Cobb Lane and Lake Wohlford. The victims' brother Jarrod was quoted as saying, "My brother [Richard] said, 'I'll take care of the dogs.' "They basically were eating him while they kept going."
Jarrod believes that Richard saved the life of his 9-yeay-old daughter who was with the group. Both victims were flown to Sharp Hospital where Richard underwent surgery. According to the San Diego County Department of Animal Services all four dogs were impounded and euthanized at the request of the owner.

Applicable California law

According to the report the dogs' owner could face criminal charges. In addition, the dogs owner will face claims for personal injury (see my prior Blog post San Diego Infant Mauled By Dogs for California law on Dog Bites). Hopefully the dogs' owner has adequate insurance or other assets to adequately compensate the victims.

A family jog turns into a nightmare as a result of a vicious attack by unsupervised dogs. Dog bites can leave the victims permanently scared both physically and emotionally. If you or a loved one are the victims of an animal attack, 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 10 reported that 56-year-old Insixiengmay and 59-year-old Tem Thirakul were fatally injured when the vehicle in which they were riding was struck by a Federal Express Tractor Trailer on October 13, 2011. The auto accident happened at around 10 p.m. when their Honda Civic, being driven by a 35-year-old woman, lost control and veered into the path of the truck as the car was entering Interstate 805 at Clairemont Mesa Boulevard. Both victims were pronounced dead at the scene and their driver was transported to Sharp Memorial Hospital. The California Highway Patrol is continuing to investigate the incident.

Our sympathy goes out to the victims families and friends.

Applicable California Law

At first blush it would seem that the Honda driver was at fault for violating California Vehicle Code 21804 (a), which requires a vehicle entering a highway to yield the right of way to any vehicle approaching that is close enough to constitute an immediate hazard. On the other hand, if the driver of the truck could have avoided the collision or minimized the impact by being more attentive and or taking evasive action, he could be partially responsible and comparatively at fault. Thus, both drivers as well as Federal Express, which is the truck drivers employer, have potential liability for the victims wrongful death (see my prior Blog post San Diego Woman Killed by Auto Accident Debris for Wrongful Death Law in California). The driver of the Honda also has a potential personal injury claim, which would be reduced in proportion to her contribution to causing the accident and her injuries.

A tragic loss of life on Halloween evening. Truck accidents resulting in auto accidents most often result in wrongful death or serious injuries. Exploring the best strategies as to obtaining fair compensation and justice is the benefit of consulting an experienced personal injury attorney.

San Diego News 10 reported that 34-year-old Maricon Yeso of Escondido, her mother Aurora Yeso, 59, and Anesia Bautista, 47, were fatally injured in a boating accident on October 15, 2011. The three woman were riding on a Sea-Doo at Puddingstone Lake in San Dimas, when they were struck by a 21-foot powerboat causing their wrongful death. Four people in the boat also sustained injuries and were taken to the hospital. According to L.A. County sheriff Mike Rosen, witnesses say the boat hit the Sea-Doo when both were making high-speed turns and collided. The incident is under investigation, to determine who was at fault.

Our sympathy goes out to the families and friends of those who lost their lives.

Applicable California Law

California law requires that when two water craft are turning, the one on the right has the right of way, requiring the other vessel to yield. There are no facts to indicate who had the right of way before the collision. However, if the driver of either vessel was inattentive, regardless who was primarily at fault, the drivers and owners of both vessels would be liable for the wrongful death of the victims' (see my prior Blog post on Wrongful Death Law in California). In addition, those responsible would be liable for the personal injuries sustained by those in the boat. Issues of comparative fault will most likely be determined by witness statements, the police investigation as well as analysis of the accident reconstruction and human factor experts.

A weekend outing on the lake results in the tragic loss of life. Boat accidents often happen at high speeds, causing serious injuries or wrongful death. Contacting an experienced personal injury attorney to find out about your options is key to obtaining fair compensation.

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.

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.

A study in the Emergency Medicine Journal substantiates the fact that there is a significant impact on children who sustain whiplash injuries. There has been a long standing debate among different medical practitioners as to the affects and consequences of these injuries on children. This controversy was due to many factors, but most prominently the lack of any significant studies on these types of injuries in children. In the past, cases involving whiplash injuries in children were overlooked in part because children either lack the ability to effectively communicate their problems or do not appreciate the nature and extent of their injuries. This lack of attention would often result in them not receiving the medical attention they needed and in some cases would result in long lasting consequences. These types of spine injuries can result from a number of different types of incidents, but in many instances are caused by auto accidents.

The study by Boyd, Massey, Duane & Yates entitled Whiplash associated disorder in children attending the emergency department followed 105 children who had been involved in auto accidents during an eight-month-period. The subjects, ages four to sixteen, had data collected at 5, 14,28, and 56 days after their auto accidents. Nine of them complained of pain on motion on physical exam, 47% showed pain on motion but no pain on physical exam. 60% of the subjects with whiplash injuries reported pain immediately after the crash, with 40% reporting the onset of symptoms the following day. Those who sustained even minor whiplash injuries were symptomatic for 2-18 days, and those with more significant injuries 2-62 days. This does not even address the psychological trauma as the study reveals "Recent work has shown that children are susceptible to and do experience significant psychological trauma after being involved in a car crash."

Parents and adults should take action when a child has sustained a whiplash or other spine injury. Auto accidents, bicycle accidents, or slip and fall accidents can result in significant spine injuries or brain injuries. If your child or someone you know has sustained a serious whiplash or other injury, seek immediate medial attention and talk to an experienced personal injury attorney.

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.

SIGNON SAN DIEGO'S Debbi Baker reported that 6-year-old Sarah Villa was the victim of a dog bite by a pit bull in City Heights on August 26, 2011. The attack happened at around 11:30 a.m. as Sarah played at a friend's house on Auburn Drive near Euclid Avenue where the dog had been chained by her friend's father who owned the dog. The dog got loose and attacked Sarah biting her in the face and then in the arm. According to Animal Control Officer Lt. Dan DeSousa the dog's owner was also bit while trying to intervene as well as his daughter. "You can take a good dog and make it bad by chaining it, and take a bad dog and make it even worse," DeSousa said. The 4-year-old, 65 pound Pit Bull was taken to be tested for rabies and quarantined for ten days, pending a decision as to his fate.

Applicable California Law

Despite the dog owner's representations that he had only shortly acquired the dog and the previous owner denied knowledge any dangerous propensities by the dog, the owner will still face potential claims for personal injuries to Sarah (see my prior Blog post San Diego Infant Mauled By Dogs for California Law on Dog Bites). However, the fact that two young children were left alone seemingly unsupervised could potentially result in partial comparative fault on Sarah's parents if they knew the dog was a potential hazard.

Young children are at high risk from dog bites, because they lack the ability to defend themselves or appreciate the potential danger. This is why children should always be supervised if a dog or any animal is around. Dog bites can result in physical and emotional scars that can last a life time. If you or someone you know is the victim of a dog attack talk to an experienced personal injury attorney.

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.

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 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.