San Diego Personal Injury Lawyer Blog

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.

San Diego Union Tribune, Debbie Baker reported that an unnamed 46-year-old man riding a bicycle sustained a life-threatening head injury on April 25, 2011. The bicycle accident happened around 5 p.m. in North Park when the bicyclist, who was riding east on University Avenue near Arizona Street, was knocked to the ground. According to police, as he rode passed a parked vehicle the 22-year-old woman driver opened the car door striking the bicyclist, who suffered a life-threatening skull fracture when he fell and hit his head on the ground. Traffic division officers are still investigating the matter.

Applicable California law

The bicyclist will have claims for any damage to his personal property as well as his personal injuries due to the driver's inattention when opening her car door. These damages include medical bills, lost earnings and earning capacity in addition to compensation for pain and suffering. However, it is not clear if the bicyclist was wearing a helmet since he sustained a skull fracture. Furthermore, he has the same obligations as other vehicles on the road to exercise due care. If he failed to do so and this contributed to the causing his own injuries, his claims would be reduced proportionately (see my prior Blog post on California Bike Law). Head injuries such as skull fractures can cause permanent consequences (see my prior Blog post on Brain Injuries and resources), which leads to the question as to whether the driver has adequate insurance coverage (see my prior Blog post on California Uninsured/Underinsured Motorist Law). If the cyclist was wearing a helmet and it was defective, which contributed to his injuries, he could potentially pursue a products liability claim (see my prior Blog post on California Products Liability Law).

A routine bicycle ride results in a serious injury. Auto accidents, and bicycle accidents that cause serious brain damage can be catastrophic. The life-changing consequences can be helped by conferring with an experienced personal injury attorney.

UNION TRIBUNE reporter Pauline Repard reports that two woman 19-year-old Elizabeth Belete and 21-year-old Cassandra Robinson were killed and another critically injured in an auto accident on October 9, 2010 at around 7 p.m. in the City Heights area. The accident happened on state Route 15, on the southbound transition lanes to I-805, resulting in both vehicles flying off the freeway. CHP officers said two woman were ejected from one vehicle, and were pronounced dead at the scene by paramedics. Three people in the other vehicle were trapped for some time. One of them was seriously injured, but the two others were reported to have left the scene before police arrived. CHP officers said "We are treating this like a crime scene."

Applicable California Law

The two people who left the scene could face criminal charges for felony hit and run (see my prior Blog post for the law on hit and run). Because the incident is still under investigation, it is not clear who is at fault. However, regardless of who caused the accident, they will be liable for the wrongful death of the people who died at the scene (see my prior Blog post for the law on wrongful death). In addition, they would be responsible for the personal injury and property damage sustained by the others involved in the accident. The heirs of the deceased could also have potential products liability claims against the manufacturer and distributer of the vehicle occupied by the ones ejected (see my prior Blog post on the law on products liability).

A beautiful Saturday night in San Diego turns into tragedy. Figuring out who is responsible can be complicated as two are now dead and another critically injured. Auto accidents resulting in wrongful death, brain injuries, or serious spine injuries can change the lives of those injured and their families. Talking to an experienced personal injury attorney before speaking with any insurance company is critical.

UNION TRIBUNE Reporter Pauline Repard reported that drunk driving is suspected in a fatal car accident that occurred on west bound state Route 78 on August 13, 2010 in Vista. The accident happened just west of Sycamore at around 12:30 a.m.. 23-year-old Erica Oliva of Fallbrook pulled her Nissan Altima to the side of the road because one of her passengers was getting sick. The driver along with two passengers, Susana Orozco a 23 year-old woman from Escondido, and coworker at Valley View Casino, and Omar Guzman of Oceanside, exited the vehicle just before it was hit. Omar escaped injury when he stepped away from the vehicle just prior to it being hit by a Jeep Cherokee, driven by 33-year-old Debbie Sumi of San Marcos killing the two woman and injuring 21-year-old Gerardo Cortez of Oceanside who was still sitting in the Nissan.

According to CHP officer Eric Newbury, Sumi was thrown from her vehicle, because she was not wearing a seat belt, and suffered major injuries. Her 34-year-old passenger from Orange, was crushed and killed when the Jeep overturned. "We've had a lot of fatalities from DUIs," Newbury said. "It's a tragedy. Only when something like this happens is there an outrage. All the people who died today, we can't bring them back." Sumi was arrested at the scene, on suspicion of drunk driving and felony vehicular manslaughter, before she was transported to a local trauma center.

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

Applicable California Law

In addition to criminal charges, Sumi will be liable for the wrongful death and personal injury to the victims and their families (see my prior Blog post for the law on drunk driving). The heirs of the driver of the Nissan, her passenger, and the passenger of the Jeep will have claims for wrongful death against Sumi (see my prior Blog post on wrongful death law). The heirs of the passenger in the Jeep might also have products liability claims against the manufacturer and distributer of the Jeep ( see my prior Blog post on products liability law). Sumi might be liable for punitive damages if her conduct amounted to gross negligence (see my prior Blog post on punitive damages). Cortez will have a claim for his personal injury, and possibly Guzman, if he was traumatized by almost being hit by the Jeep, and or if he was related to one of deceased and witnessed their death (see my prior Blog post on negligent infliction of emotional distress).

It seems that drunk drivers causing serious accidents are a daily occurrence. Drunk driving is one of the leading causes of auto accidents, motorcycle accidents, and pedestrian accidents. They usually result in wrongful death, or catastrophic injuries such as spinal injuries, causing paralyses or brain injuries. In these cases calling an experienced personal injury attorney is crucial.

THE ASSOCIATED PRESS reported that an Arizonian family's private plane crashed on August 2, 2010, at around 1:00 p.m.. The Crane family was on their way home to Scottsdale after visiting family in San Diego. The family's Velocity XL-RG6, a single engine plane, had taken off from Montgomery Field when the pilot, George Crane, radioed that a door was open and he was turning back. Crane attempted to go to Kearney Mesa airport to make an emergency landing, but crashed at the Admiral Baker Golf Course.

Federal investigators from the National Transportation Safety Board (NTSB) are investigating the accident to determine the cause of the crash, and if the plane door, discovered a mile from the crash site, was a contributing factor. Investigators will also look at other factors such as, the doors hinges, latch mechanism and if the plane was carrying excess weight. Tom Little, an air and safety investigator for the NTSB, stated that they will examine the wreckage later this month to make determinations as to the cause of the crash, and whether the door may have hit the plane's engine, and or propeller.

The tragic accident caused the death of Lori Crane and her 8-yeat-old son, Austin. George Crane and his two other children, 11-year-old Summer and 10-year-old Tia, are in critical condition at local hospitals. Our condolences go out to the Crane family and friends for their loss. We also wish a speedy recovery to the injured family members.

Applicable California Law

The Crane family will have potential wrongful death, and survivor actions against the manufacturer Velocity Inc. ( see my prior Blog posts for the applicable laws). These claims, as well as the personal injury claims of George and his daughters, will be based on products liability theories (see my prior Blog posts on products liability law). Other factors, such as comparative fault, must be considered. Was the door improperly secured before takeoff? Was the plane, which was built from a kit, properly constructed? Was the plane carrying too many passengers, or excess weight? All of these factors could affect the value of any potential claims.

The loss of life and catastrophic injury always changes the lives of the families who are touched by these tragedies. Defective products that cause plane crashes, auto accidents, motorcycle accidents, and result in wrongful death, serious spine injuries, or brain injuries, are devastating. Seeking the counsel of an experienced personal injury attorney can make the difference in obtaining justice for the injured and their families.

NORTH COUNTY TIMES Reporter Morgan Cook reported that 56-year-old, Manuel Moreno of Valley Center, died on July 27, 2010 while working at his job at Evergreen Nursery in Oceanside. According to Oceanside police officer Ernie Thibodeaux a co-worker found Moreno trapped in a conveyor belt of a soil-filtering machine. The accident happened between 8:15 a.m. and 9:00 a.m. when he allegedly slipped while jumping from the machine to a tractor he had been using. Apparently his arm got caught between the conveyer belt and a wheel of the machine, causing him to be pulled forward and trapping him against the machine until he stopped breathing. He was dead when officers arrived at the scene shortly after the incident was reported. He is survived by his daughter, son, and other family members.

Our condolences go out to the Moreno family and friends.

Applicable California Law

It is not clear exactly how Moreno's arm got caught in the machine. However, if the machine did not have safety devices such as guard rails, or an emergency shut off mechanism, there could be a potential products liability claim. Products Liability claims are based on various legal theories including negligence, strict liability, or breach of warranty of fitness. They can arise out of design defects, manufacturing defects, or marketing defects such as inadequate/failure to warn off dangers. All parties in the chain of distribution from the manufacturer to distributers, to name a few, can be held liable. In this particular instance, a thorough investigation of the accident, including a scene investigation by an accident reconstruction/ human factors expert and mechanical engineer who is familiar with these types of machines, would be required to evaluate the merits of any claims. I would refer you to my prior Blog posts relating to the law on survivor action, wrongful death claims and how workers compensation law would apply.

Tragedy can strike at any time resulting in serious injury or wrongful death. Work related accidents arising out of auto accidents, truck accidents, construction accidents, or other job related injuries can be devastating. Having your case promptly reviewed by an experienced personal injury attorney is critical.

SAN DIEGO NEWS NETWORK reported that 60-year-old Martin Davidoff of Riverside county was severely injured with burns over most of his body resulting from a motorcycle crash on State Route 76 near Pala on May 2, 2010. According to the California Highway Patrol, Davidoff was riding his motorcycle eastbound, at around 1:30 p.m., when he rear-ended a pickup truck, which was stopped in traffic. The impact caused the motorcycles gas tank to rupture and spill gas on the road and Mr. Davidoff, subsequently a fire ignited the fuel, covering him in flames. Passers-by pulled him from the wreckage and a Pala tribal police officer, who was in the area, put the flames out with a fire extinguisher. Davidoff was airlifted to UCSD Medical Center in serious condition.

We wish Mr. Davidoff a full and speedy recovery from his injuries.

Applicable California Law

Since the driver of the pickup truck did not complain of injuries at the scene, her physical condition is unknown at this time. It is unclear as to what caused Davidoff to rear-end the pickup truck as the CHP in Oceanside is still looking for witnesses. However, the fact that the gas tank failed would lead to suspicion of a possible defect. To evaluate the merits of a potential product liability claim, a thorough investigation of the accident scene, the vehicles involved, as well as the motorcycle, must be conducted. Expert opinion would be required to determine if the motorcycle, any of its' component parts, or possibly its' design was defective. If, after a comprehensive analysis, it is determined that the motorcycle was defective Mr. Davidoff could pursue a claim for damages. His rear-ending the pickup could have been a contributing factor, which could affect the value of his claims.

Serious and sometimes catastrophic injuries are common in cases involving motorcycle accidents. Taking prompt action in gathering, preserving, and analyzing evidence is critical to being able to prove liability, causation, and damages. In far too many instances evidence is lost, destroyed, or otherwise becomes unavailable, making it hard or impossible to prove your case. This is true in most accidents resulting in serious injuries such as auto accidents, bike accidents, truck accidents and, in particular, accidents involving product liability. Talking to an experienced personal injury attorney can make the difference in preserving your options.

According to ABC 7 News an unnamed man approximately in his 50's in a wheelchair was struck by an unnamed female motorist early Sunday morning. San Diego police officer David Stafford said the accident happened on the 2800 block of University Avenue at about 2 a.m..The man who was allegedly intoxicated was hit by a Honda sedan when he rolled into the street from between two cars. According to officer Stafford the man suffered serious injuries and was taken to a hospital.

National Highway Traffic Safety Administration statistics indicate that pedestrian accidents are on the rise. Pedestrian fatalities account for 11 percent of motor vehicle fatalities. Over 180,000 pedestrians have been killed in motor vehicle accidents between 1975 and 2005. Pedestrians comprise the second largest category of motor vehicle accident deaths following occupant deaths. On average, a pedestrian is injured in a traffic accident every 8 minutes.On average, a pedestrian is killed in a traffic accident every 111 minutes. In 2005 a total of 4,881 pedestrian were killed in motor vehicle accidents. In 2005, the per capita pedestrian death rate was 1.6 per 100,000 people.

Applicable California Law

Under these circumstances, at first blush it would seem that the man was at fault. However California is a comparative fault state which means that the woman driver could be partially at fault. If, under the circumstances she could have taken reasonable action to avoided the pedestrian or taken evasive action to minimized the collision a proportionate amount of liability could be attributed to her. This is an issue of fact that would require investigation and possibly additional facts would be disclosed during discovery if a lawsuit was initiated.

Often accidents can seem striate forward and uncomplicated to the average person. Some times people think that they are at fault, suffer serious injuries and don't appreciate that they could be entitled to compensation. That is why if you have been injured in a auto accident, motorcycle accident, bicycle accident, from a defective product or any accident caused by another person you should seek the advice of an experienced personal injury attorney.