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.

San Diego News10 reported that a bicyclist, who had been drinking, was struck by a hit-and-run driver on October 14, 2010. The bicycle accident happened in the bike lane on Pomerado Road, near Caminito Vecinos at about 8 p.m.. According to police he was not wearing a helmet, did not have reflective gear or lights on. The rider had been drinking and was wearing a backpack with beer containers inside it, which may have saved his life. San Diego police Sergeant Art Doherty said "He had a number of beverages in the backpack. It probably absorbed the impact." The man refused to cooperate with police and there was no description of the driver or the vehicle; however, debris from the car found at the scene could lead police to the identity of the vehicle. The bicyclist sustained abrasions, bruises, a fractured vertebra, and was transported to the hospital.

Applicable California Law

The driver of a vehicle who is involved in an accident has the responsibility to remain at the scene of the accident (see my prior Blog post on California's Hit-and-run laws). Bicyclist have the same rights and duties, under the law, as any other vehicle on the road (see my prior Blog post on California's Bike laws), which also prohibit drinking and riding (see my prior Blog post on California's Drunk Driving laws). If the driver of the hit-and-run vehicle cannot be identified, the rider can pursue an uninsured motorist claim if he has the benefit of such coverage. However, the fact that he was intoxicated, riding without a helmet, not wearing proper reflective gear, or using lights would diminish the value of his injury claim to the extent he contributed to his own injuries.

Bicycle riders are at high risk of sustaining serious injuries if they are involved in an auto accident. Bicycle accidents usually result in brain injuries, spine injuries, broken bones, abrasions, and contusions. Doing a thorough and proper investigation to identify the responsible parties, and knowing the proper medical specialists to consult with, are some of the benefits of talking to 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.

The Journal of the American Academy of Orthopedic Surgeons published the results of a study on new developments in the management of spinal cord injuries (SCI). The eventual cure will involve the use of expertise in different fields, according to Dr. Ranjan Gupta, MD, professor of orthopaedic surgery, anatomy and neurobiology and biomedical engineering at the University of California, Irvine.

• Each year, approximately 12,000 men and women sustain and survive spinal cord injuries, and about 259,000 Americans currently live with a long-lasting SCI.
• Although traditionally associated primarily with young adults, today the average age of SCI patients has risen to 40.2 years.
• Automobile crashes are the most common cause of SCI, and males are most often affected, comprising almost 81 percent of all SCI patients.

Dr. Gupta stated that newer therapeutic approaches such as, stem cell therapy and novel drug formulations, are the most promising for SCI victims. "Yet, spinal cord injuries are especially difficult to treat because they involve more than a direct injury to the spine," noted Dr. Gupta. "The primary mode of an SCI involves changes to the patient's anatomy that occur as the result of the actual traumatic event. Secondary injuries may occur as a result of how the body responds to the primary injury, usually by producing scar tissue that can make treatment problematic." The research, development, and use of new drugs and cellular transplantation in the treatment of the secondary injuries are the most promising. "Yet, to maximize the chances for recovery after SCI, early surgical intervention is essential," he stated. Clinical trials with animals involving pharmacological intervention and the fact that the FDA is being more receptive to cellular transplantation trials, form the foundation for future human trials.

Spine injuries resulting from auto accidents,motorcycle accidents, construction accidents and other traumatic accidents can be life changing. Prompt medical treatment can have a dramatic effect on the ultimate outcome in resolving injuries and minimizing any residual effects. However, research leading to new approaches in the management and treatment of spine injuries and brain injuries are extremely important. Contacting an experienced personal injury attorney if you have been seriously injured is equally important.

Researchers at the University Of California San Diego and other research facilities around the world are exploring the benefits in the use of folic acid in treating brain and spinal cord injuries. It is well known that pregnant woman who do not consume enough folic acid (vitamin B9), have a higher risk of giving birth to babies with neural tube defects such as congenital deformities involving the development of the spinal cord and brain. Researchers at the University of Wisconsin, Madison have collected significant data suggesting that the use of folic acid might be beneficial in treating spinal cord and brain injuries. Folic acid was also found to promote healing and nerve cell regeneration following injury in rodents. Commentary by researchers at Universitatsmedizin Berlin, Germany indicate that the study data provides a rational for testing folic acid supplements on patients with spinal cord and brain trauma.

Hope For The Future.

Cutting edge and progressive research such as the use of supplements and other therapies including stem cell, are vital in promoting alternative treatment for brain injury and spinal cord injury victims. Individuals who have sustained serious injuries often have limited treatment options and have life long challenges, which impact their quality of life.

I have seen many people over the years who have sustained brain and spinal cord injuries in auto accidents, motorcycle accidents, construction accidents, or from a slip and fall accident.The development of new treatments provides hope for the future. An experienced personal injury attorney can be a great resource in dealing with serious injuries.

AMERICAN CHRONICAL reports that the California State Assembly Health Committee unanimously passed a bill by Assembly member Alberto Torrico which would extend funding for spinal cord injury research for an additional five years. The original bill, The Roman Reed Spinal Cord Injury Research Act was signed into law in 2000, renewed in 2005 and would expire next January if the new bill is not approved. The funds are allocated to the University of California, and $13.9 million to date have generated an additional $60 million in research grants from the National Institutes of Health and other sources. The funds have helped in promoting research projects at a number of University of California schools including UC San Diego, leading to 175 published scientific papers and scientific breakthroughs.

Spinal Cord Injury Statistics

According to the National Spinal Cord Injury Statistics Center, there are approximately 12,000 new cases of spinal cord injuries (SCI) each year in the US not including those who die at the scene of the accident. The most common cause being motor vehicle crashes accounting for 41.3% of SCI cases, followed by falls 27.3%, acts of violence 15%, recreational sporting and other activities account for the balance. With various degrees of damage to the spine at different segments, less than 1% of persons experience complete neurological recovery by the time they are discharged from the hospital. The residual effects on SCI victims range from intermittent or chronic pain to various degrees of Paraplegia. To whatever degree, the effects of SCI are compelling and life altering. In many cases extensive medical care, rehabilitation and counseling are required to deal with the devastating effects.

Continued funding for research and development of diagnostic tools, therapy/rehabilitation and breakthroughs in the use of Stem Cell research, for example, are critical. In my many years of representing victims of personal injury resulting from auto accidents, motorcycle accidents, truck accidents and slip and fall accidents I have personally witnessed the devastating effects of SCI. Consulting with an experienced personal injury attorney can have a great impact on helping you or a loved one get the help you need.

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.