San Diego Personal Injury Lawyer Blog

East County Magazine reported that Carlos Martinez of Escondido sustained serious internal and head injuries when he was ejected from his vehicle. The car accident happened on January 15, 2011 at around 5 a.m.. According to the San Diego Sheriff's office, Martinez, who was driving northbound on San Elijo Road in San Marcos, hit the center median, which caused his GMC Envoy to roll over. Martinez was ejected from the vehicle and transported to Palomar Medical Center.

Applicable California Law

Martinez will have potential claims for personal injury and lost earning and earning capacity against General Motors Corporation and the dealer where he purchased the vehicle. His claims will be based on theories of products liability (see my prior Blog post for California Products Liability Law). However, it is not clear why Martinez's vehicle drifted into the center divide, or if he was wearing his seatbelt at the time of the accident. If his conduct contributed to causing his own injuries, any claims he pursues will be reduced proportionately.

If proper safety equipment is being used, the occupants of a vehicle should not be ejected even if the vehicle rolls over. Products Liability claims arising out of auto accidents, bus accidents, or truck accidents where occupants are ejected generally cause serious brain injuries, spine injuries, or internal injuries that can be life threatening and or have lifelong consequences. Consulting with an experienced personal injury attorney to insure that a proper investigation is promptly conducted to preserve any evidence, is critical to proving your case.

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.

NORTH COUNTY TIMES reporter Morgan Cook reported that an auto accident on July 23, 2010 resulted in the death of Yazmin Rodriguez the 18-year-old driver of an automobile that was hit by a truck. According to police the accident occurred around 9 p.m. at the intersection of Escondido Blvd and Center City Parkway. The teenager, who was attempting to make a left turn onto Center City Parkway from a stop signal on Escondido Blvd, was hit by a pick up truck being driven by a 37-year-old man. The driver of the truck was injured when his truck rolled over and the collision caused the death of the teen driver, and injuries to her passenger.

Applicable California Law

California Vehicle Code Section 21804 requires the driver of a vehicle who is entering a highway to yield the right of way to any vehicle that is approaching and is close enough to pose a risk. At first blush, without additional facts, it would seem that the young woman was at fault for not yielding the right of way to the truck. However, if the truck driver was speeding or was inattentive, he could be partially at fault for causing the accident. The driver of the truck would have a claim against the woman's estate for property damage and personal injury, which would be reduced to the extent he contributed to causing the accident, if at all. If the truck driver was partially at fault the woman's heirs would have claims, under a survivor action and wrongful death (See my prior Blog posts on survivor actions and wrongful death). The passenger, in the woman's vehicle, could pursue bodily injury claims against her estate and possibly against the driver of the truck.

Vehicular accidents involving young drivers are very common, as generally young drivers do not have a great amount of experience. Auto accidents, truck accidents, and motorcycle accidents involving young drivers are usually caused by inattention or bad decisions. If you or someone you know has been seriously injured or whose loved one has been tragically killed, talk to an experienced personal injury attorney.

According to San Diego 6 News, four people were injured in an auto accident in Point Loma when a vehicle turning left on Talbot Street was struck by another vehicle coming down the hill causing it to roll over. San Diego Fire rescue crews responded around 2:45 p.m. and rescued two people trapped in the roll over vehicle. Two more people were also injured according to authorities.

Applicable California Law

Generally speaking any vehicle turning left has to yield the right of way to any vehicle approaching from the opposite direction that is close enough to constitute a hazard, California vehicle code 21801(a). It is not clear if the left turning vehicle saw the other vehicle, or how close it was before it started its turn. If the other vehicle that was coming down the hill in the opposite direction was doing so at an unsafe speed or if the driver of that vehicle was inattentive they could be partly responsible. This would reduce the value of any claims they would have. As to the passengers in both vehicles they would have personal injury claims against the left turn driver and possibly the other driver as well. However, if either passenger were a family member living in the same household as the driver of their vehicle they could be subject to a family exclusion under the drivers insurance policy. If a family exclusion was applicable they would be precluded from making any liability claim against their driver.

Any auto accident can be very scary especially when one of the vehicles rolls over. Roll over accidents have a greater propensity to result in spinal injuries, brain injuries or wrongful death. Issues relating to liability, causation , damages or insurance coverage can be difficult to establish and analyze. That is why if you have been injured in an accident it is crucial that you talk to an experienced personal injury attorney to get the information you need and know what your options are.