San Diego Personal Injury Lawyer Blog

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 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.

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.

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 UNION TRIBUNE reporter Dana Littlefield reported that Kelley Fritz a 12-year-old Hemet girl, was killed in a head-on collision on September 25, 2010, at around 9:30 p.m.. The girl, who had been visiting family in San Diego, was a passenger in a 1956 Volkswagen Beetle, which was traveling on state Route 76 near East Vista Way, when her father Rudy Fritz,45, lost control and veered into oncoming traffic hitting a Buick. Both the victim and her father were not wearing seatbelts and were ejected from their vehicle. The teen was pronounced dead at the scene. Her father was airlifted to Scripps Memorial Hospital La Jolla and the driver and passenger of the Buick were taken to Palomar Medical Center for treatment. Mr Fritz was subsequently arrested on suspition of driving under the influence of drugs according to information from NORTH COUNTY TIMES reporter Teri Figueroa.

Our sympathy goes out to the teen's mother, family, and friends.

Applicable California Law

California Vehicle Code 21651 prohibits drivers from crossing into oncoming traffic unless making turns, as provided by the code, and only when it is safe to do so. Thus, Fritz would be liable for the wrongful death of his daughter as well as the property damage and personal injury to the driver of the Buick and his passenger (see my prior Blog post for the law on wrongful death). In addition, he could be subject to claims for punative damages for gross negligence (see mt prior Blog post for the law on punative damages). Kelley did not contribute to causing her own death given the fact that the Bug had no seat belts and was exempt due to it's age. However, there is a potential issue as to whether Kelley's death would be covered by her father's insurance. Most auto insurance policies have Family Exclusions which do not cover claims by family members living in the same household when making claims against each other. It is not clear if Kelley lived exclusively with her mother or also resided with her father.

A weekend visit results in the tragic loss of a young teen and injury to others. Serious injuries or wrongful death can result from auto accidents in which carless and or reckless driving is involved. Complicated issues require analyses by experts and advice from 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.

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.

UNION TRIBUNE Staff Writer Susan Shroder reported that an unnamed 21-year-old man lost control of his motorcycle causing a collision with another motorcycle rider. The accident happened on July 16, 2010, at around 6:25 p.m., on Carroll Canyon road near Businesspark Avenue, according to officer David Stafford. The southbound Harley-Davidson's diver, allegedly traveling at a high rate of speed, lost control and the bike slid into another Harley-Davidson, being driven by a 25-year-old man heading northbound on Carroll Canyon. Both riders were taken to local trauma centers to be treated for serious injuries, according to Stafford. The incident is under further investigation by the department's Traffic Division, to determine if charges may be filed in the future.

According to CHP's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 16 fatalities and 355 injuries involving motorcycle accidents in San Diego. In San Diego County as a whole, 51 people died and 1,081 were injured as a result of motorcycle accidents during thesame year.

Applicable California Law

Criminal penalties can be imposed on the speeding driver under California Vehicle Code 22350 and possibly reckless driving causing bodily injury in violation of Vehicle Code 23104. Furthermore, potential civil liability for bodily injury including medical bills, loss of earnings and earning capacity, as well as compensation for pain and suffering can be claimed. If the conduct of rider, who was responsible for the accidents, is deemed to be gross negligence, punitive damages can also be claimed.

Driving a motorcycle gives one a great sense of freedom and exhilaration. Teenagers and young adults are tempted to push the limits when riding causing motorcycle accidents, auto accidents, and truck accidents. This usually results in serious injury and or wrongful death. Evaluation of your case by an experienced personal injury attorney before any action is taken is the key.

UNION TRIBUNE STAFF WRITER Kristen Davis reported that 2-year-old Jovani Louangxaysongxham of Southcrest was killed on June 18, 2010, when he ran into the path of a Allied Waste Services truck. The toddler, who was just one month shy of his third birthday, was being put into the family vehicle by his mother, when he ran across 43rd Street to greet his father and was hit by a truck, said Lt Ken Hubbs. The truck was traveling north on 43rd Street when the passenger in the truck alerted the driver, who was unable to avoided the child. Jovani went under the vehicle and was struck by its rear wheels, he was pronounced dead at the scene.

The tragedy was compounded when the boy's father and uncle attacked the truck driver requiring police to intervene. The uncle punched the officer in the head knocking him unconscious, the officer was treated at the hospital for head injuries and a cut over his left eye. The uncle was arrested.

Our deepest sympathy goes out to the Louangxaysongxham family and their friends.

Applicable California Law

The uncle will face criminal charges for attacking the truck driver as well as the police officer. In addition, he will be subject to civil liability for assault and battery for each attack as well as potential punitive damages (see my prior blog posts regarding punitive damages.) The officer would also have a potential workers' comp claim. Although the boy's father was not arrested, he still faces potential civil claims for the attack on the truck driver. Even though Jovani ran into the street, his parents could have a potential "survivor action" and wrongful death claims against the truck driver as well as his employer (see my prior Blog posts on the law regarding these issues.) Since California is a comparative fault jurisdiction, even if Jovani was the primary cause of the accident his conduct is held to the standard of a 3-year-old, and if the truck driver was inattentive, or otherwise contributed to causing the accident, the driver and his employer will be subject to claims for damages. Jovani's mothers conduct in supervising him at the time will also be a factor in accessing damages.

A beautiful afternoon turned into tragedy, and changed the lives of all who were involved. Pedestrian accidents, truck accidents resulting in brain injury, or wrongful death are devastating to those injured and their families. Talking to an experienced personal injury attorney is invaluable.

San Diego News 6 reports that Emily Knudson is being praised as a hero for calling 911 on June 1, 2010 when she suspected the driver of the bus she was riding on was intoxicated. She was a passenger on a North County transit bus traveling between Oceanside and Encinitas when she noticed the bus driver, 40-year-old David Costello, was driving erratically, appearing sweaty, making random stops, including once to relieve himself on the side of the road.

Deputy Brenda Weibe stopped the bus and administered several sobriety tests, which Costello failed, and was said to have a blood alcohol level of .25 which is six times the legal limit for commercial drivers. Deputy Weibe said, "His right eye was actually closed -- and when I asked him to open his eyes, they were red, they were blood shot -- swollen and droopy. His motor coordination was slow, his speech was slow and slurred." Costello was taken into custody and transported to Vista jail.

Applicable California Law

Costello will face numerous criminal charges including driving under the influence and most likely reckless endangerment to name a few. However, had he caused an accident, he would also face potential claims for property damage, and or personal injury. Given his blood alcohol level, punitive damages for gross negligence could also be claimed. In addition, since Costello was in the course and scope of his employment, the North County Transit District would also be responsible for any damages. I would refer you to my prior Blog posts for the claims reporting requirements relating to public/government entities, as well as when employers can be subject to punitive damages for the acts of their employees.

Emily Knudson averted a potential catastrophe by alerting the authorities, which could have resulted in serious personal injury, or wrongful death to the passengers of the bus, pedestrians, or other motorists. Bus accidents, auto accidents, motorcycle accidents involving drunk drivers are far too common. In addition, route 309 is heavily traveled by bicycle riders, who are at great risk of serious injury. Being a resident of north county, the safety of my family, neighbors, and friends were at risk. Sometimes fate can put us in a harm's way, so when serious injury, or wrongful death touches our lives, the guidance and support of an experienced personal injury attorney is invaluable.

THE ASSOCIATED PRESS reported that a Sacramento County jury awarded $29.1 million dollars in a case involving the death Frances Tanner, a 79-year-old Stockton woman. The jury awarded $28 million in punitive damages and $1.1 million in compensatory damages against Colonial Healthcare and its' partner, Horizon West Healthcare Inc., for Tanner's 2005 death caused by elder abuse. Ed Dudensing the attorney representing Tanner's daughter, Elizabeth Pao and her estate said "the jury made the award they did because they rejected the way Horizon West did business." According to Tanner's daughter, her mother was suffering from dementia when she moved into the home and subsequently suffered a broken hip in a fall and died from an infected bedsore. The jury heard evidence of chronic understaffing, poor medical documentation, and other acts on neglect. Additional evidence of the companies' finances and business practices led to the punitive damage award.

Our condolences go out to the friends and family of Mrs. Tanner.

Applicable California Law

My prior blog posts detail the law related to wrongful death cases and I would invite you to review them for the applicable law. California Civil Code Section 3294 determines when punitive damages can be awarded. As applied to employers, punitive damages based on the conduct of an employee may be awarded in various situations such as where the employer :

• Had advanced knowledge that the employee was unfit an employed him or her with conscious disregard of the rights or safety of others
• Authorized or ratified the bad conduct; or
• Commits one or more acts of oppression; or
• Commits fraud, such as a "cover up" or lying about events;
• Engages in one or more malicious acts

If the employer is a corporation then the claim of "conscious disregard " must be the act of "an officer, director, or managing agent" of the corporation having the power to influence corporate policy. Punitive damages are awarded in limited situations and are designed to act as a deterrent by punishing the wrongdoers. It is clear that in this particular case, the jury was trying to send a clear message to the corporations and their employees.

Cases involving Nursing Home Negligence are becoming increasingly prevalent. As large corporations who operate them focus more on profits and less on providing services, the danger to nursing home and assisted living residents increases. This is further aggravated by insurance companies reducing reimbursement for services, which results in the hiring of poorly screened, under qualified employees, and under staffed facilities. It is crucial that family and friends are vigilant in monitoring nursing home residents. If a loved one or some one you know, shows any signs of neglect or abuse while living at a nursing home, contact a experienced personal injury attorney.

San Diego 6 News reported that one man was killed, two others sustained major trauma, and a fourth person was also injured in a three vehicle accident on 4-21-10. The incident occurred at 2 p.m. on the 5500 block of the Silver Strand Highway in Coronado. A north bound vehicle was rear-ended and knocked into the south bound lanes causing a head on collision.

Coronado Fire Chief Ed Hadfield said that upon arrival there were three vehicles involved and four people injured. One deceased, two sustaining major trauma requiring transportation to trauma centers and a fourth who sustained minor injuries and whose conditions are unknown. The man who died was suspected of having a heart attack and was a passenger in one of the vehicles. On Thursday the county Medical Examiners Office released the identity of 95-year-old Stevens Friedman of Coronado.

Our deepest sympathy goes out to the family and friends of Mr. Friedman.

Applicable California Law

The news accounts do not state whether any of the three non-fatally injured was the driver of the at fault vehicle. In addition, there are no facts that would indicate that the drivers of the vehicle that was rear-ended or hit head on contributed to causing the accident or resulting injuries, which would affect any potential injury claims. According to authorities Mr. Friedman was wearing his seatbelt, and thus it could not be argued that he contributed to his death . Mr. Friedman's family members would have wrongful death claims against any one who caused his death pursuant to California Wrongful Death Statute. Furthermore, the personal representative of his estate would probably have no grounds to pursue a survivor action, since it is unclear if Mr. Friedman incurred damages prior to his death or if there are any grounds for punitive damages against anyone.

An auto accident resulting in wrongful death and major traumatic injury is truly tragic. However, when reflecting on the devastating consequences for the victims and their families, it helps the rest of us gain perspective on what is really important in life. Dealing with the many complicated issues after any accident usually adds to the emotional and physical pain. The advice and counsel of an experienced personal injury attorney can make an enormous difference in so many ways.

San Diego News 6's Elex Michaelson reported that 27-year-old Oscar Lopez was fatally injured and his 5-year-old son Oscar Jr. was also injured after they were both thrown from their vehicle shortly after midnight last Sunday. Mr. Lopez and his son were sleeping in the back seat of their SUV, coming home from an Easter party when William Romero, a 43-year-old alleged drunk driver, lost control of his 1992 Chevrolet Camaro and struck the 2004 Ford Explorer. The two cars were travelling on I-5, south of Basilone Road according to the California Highway Patrol. Mr. Lopez was pronounced dead at the scene and his son was airlifted to a hospital. Romero ran from the scene but was later apprehended by Border Patrol Police at San Onofre State Beach and arrested. Romero pled not guilty to gross vehicular manslaughter and other charges on Wednesday.

Our deepest sympathy goes out to Mr. Lopez's wife Angela Lopez ,Oscar Jr. and their family and friends.

Applicable California Law

In addition to the criminal chargers, Romero will be liable for the wrongful death of Mr. Lopez and any physical injury his wife and son suffered from the incident as well as potential punitive damages. Being at the scene and having witnessed the death of their husband and father the Lopezes also have claims for negligent infliction of emotional distress. However, the fact that Oscar and Oscar Jr. were not wearing their seatbelts will have an effect on the value of any claims as being a contributing cause of their injuries.

The loss of a husband, father or any loved one is devastating and no amount of money can compensate the family for their loss. The law is merely an attempt to restore the injured to their pre-injury status. However, victims of auto accidents who have suffered serious physical injury or the wrongful death of a loved one need emotional support, guidance and advice from experts. That is why talking to an experienced personal injury attorney can be invaluable

UNION-TRIBUNE staff writer Jose Jimenez reported that nine people were injured when a Mitsubishi Eclipse struck a Metropolitan Transit System bus on 3-24-10 at 3:40 p.m. in City Heights. The Eclipse was traveling south on 37th Street and ran through the stop sign at University Avenue. The car struck the eastbound bus carrying 40 passengers, said San Diego police Sgt. Ron Bailiff. The injured, who sustained spine injuries to their necks and backs, ranged in age from 18 to 55. Two were considered seriously injured and one was treated by paramedics at the scene. The driver of the car described as a man between 18 to 25 years old tried to leave but his car, which sustained major damage, stalled on 37th Street, Bailiff stated. The driver was then seen running north on 37th Street and has yet to be identified by authorities. An open container was found in his vehicle leading police to believe he was driving under the influence at the time of the incident.

Applicable California Law

If the driver of the Eclipse is identified he will face criminal charges for leaving the scene of the accident and possibly for driving under the influence of alcohol. In addition to being liable for the victims injury claims, if he was driving under the influence, he could be subject to punitive damages. If he can not be identified and the vehicle has a different owner, the owner of the vehicle could be held liable under a theory of permissive use, if the driver was driving with their permission. If the driver was the sole owner of the vehicle and is never found the injured victims would have to peruse uninsured motorist claims, if they have the benefit of such coverage. It is not clear if the bus driver contributed to the accident, however if the bus driver did contribute to causing the accident, claims with the MTS must be filed in a timely manner.

Auto accidents involving personal injuries caused by people driving intoxicated are far too common. Bus accidents resulting in spine injuries can be very complicated to handle for someone who does not know the law and the rules in pursuing claims against public entities. If you have been seriously injured in an accident, it is crucial that you get the proper advice and guidance from an experienced personal injury attorney.