San Diego Personal Injury Lawyer Blog

San Diego News 10 reported that 18-year-old Junethea Centeno, a student at Palomar College, was fatally injured on April 12, 2011. The auto accident happened around 3 a.m. when Junethea was driving northbound on I-15 near Felicita Road, lost control of her Honda Civic, and struck the corner of an unmarked and unprotected concrete barrier. Her father June Centeno, a Navy corpsman, was quoted as saying, "If she only hit the side of the road where the barrier is, the car could have slid down, versus hitting the end of a barrier. If things were set up the way they should be, they could have softened the impact. She'd be alive today." Junethea's boyfriend, Jon Mata, who came to the accident scene shortly after the crash, said that there were no cones, drums, reflectors, or other safety measures taken by construction crews, which might have saved her life.

Our deepest sympathy goes out to the Centeno family and friends.

Applicable California Law

The Centeno family will have potential wrongful death claims against Caltrans, any contractors, and or subcontractors responsible for the condition of the highway that caused Junethea's death (see my prior Blog post on California Wrongful Death Law). In order to present any claims, a notice of claim must be filed with the appropriate government agency (see my prior Blog post on the Government Claims Statute). However, it is not clear why Junethea lost control of her vehicle in the first instance. If her conduct contributed to her death, then any claims would be reduced proportionately.

A young life tragically lost due to the failure to take appropriate safety measures. Auto accidents on the highway usually result in serious injuries or wrongful death. Knowing the deadlines that need to be addressed, claims that need to be made, and who is entitled to compensation, are some of the benefits of consulting with a personal injury attorney.

UNION TRIBUNE staff writer John Wilkens reported that 48-year-old Bradley Eckhardt of Temecula died on July 4, 2010 while riding his motorcycle in Valley Center. Eckhardt was riding his Yamaha 350 southbound on Lilac Road, at around 10:30 a.m., when he lost control of his motorcycle, and collided into a Dodge Ram 250 which was pulling a loaded horse trailer. The cause of the accident is still unknown, and is under investigation.

Our condolences go out to the family and friends of Mr. Eckhardt.

Applicable California Law

If Eckhardt lost control of his motorcycle due to a defective road condition, or someone else's negligent conduct, his heirs would have potential wrongful death claims (see my prior Blog Posts for the wrongful death law). It is unclear if the driver of the truck contributed to causing the accident. However, if the truck driver was injured, he or she would have personal injury and property damage claims including injury to the horses against Eckhardt's estate. If the truck driver was found to have contributed to causing the accident, any claims would be reduced proportionately.

Valley Center has experienced significant growth in recent years, but is still fairly rural compared to other parts of San Diego county. Single lane winding roadways, added traffic congestion, and other hazards greatly increase the potential for motorcycle accidents, truck accidents, and auto accidents resulting in serious injury or death. If you have lost a loved one or have been seriously injured by someone's carelessness talk to an experienced personal injury attorney.

UNION TRIBUNE STAFF WRITERS Tanya Manners and Steve Schmidt reported that 17-year-old BreAnna Erickson died as a result of a auto accident on May 28, 2010. She was a passenger in a Acura Legend, which was traveling northbound on Saber Springs Parkway. Authorities said the vehicle was speeding around a curve when it crossed into oncoming traffic and hit a box truck. Rescuers used the jaws of life to extract BreAnna from the back seat, but she was pronounced dead at the scene. The driver and four other passengers were transported by ambulance to local hospitals. Residents near the crash site said the spot has long been a neighborhood concern as speeding is a chronic problem on the two lane section of the parkway which has a long sweeping bend. "It can get extremely bad" said Ron Leos, a 15-year-old resident. "I can see how the car lost control, coming around. I didn't know these kids, but it's so unfortunate."

Our condolences go out to BreAnna's family and friends. We also wish a speedy recovery to the other occupants of the vehicle.

Applicable California Law

I would refer you to my previous blog posts for the applicable law on wrongful death and survivor actions. The fact that the accident resulted in a wrongful death and multiple potential claims for personal injury requires a close analysis of the potential parties responsible for the accident. The driver of the Acura would be the obvious choice to blame for the accident since they were speeding however, does the driver or the owner of the vehicle have adequate coverage to resolve all potential claims? The nature and extent of the other occupants' injuries are unknown, but any time there is a wrongful death claim, concerns of the amount of available coverage is generally paramount. Looking at all factors contributing to the cause of the incident requires looking beyond the obvious. The fact that the location of the accident is of concern to nearby neighbors is an indication that there have been other serious accidents at the location before. This could be an indication that the design and or the maintenance of the roadway could have contributed to causing the accident. City, County or State agencies could be potentially responsible for causing the incident and provide additional resources to help adequately compensate the injured or their families. When public or government agencies have potential liability special reporting requirements need to be strictly complied with, please see my previous posts on this issue.

Auto accidents resulting in the wrongful death of a loved one or causes serious injury, is devastating to the injured and their families. Complicated issues relating to causation, liability or damages requires expert analysis and or opinion. Recognizing these issues and knowing which experts to consult with, is only one of the benefits of talking to an experienced personal injury attorney.