San Diego Personal Injury Lawyer Blog

San Diego News 10 reported that 44-year-old Grant Fisher of Escondido sustained serious injuries as a result of being hit by a car on January 19, 2012. The auto accident happened when Fisher was riding in the bike lane on Sorrento Valley Boulevard during his lunch. Police reported that 76-year-old Cecilia Cueva allegedly swerved to avoid a speeding truck behind her causing her to hit Fisher. He was pinned under the vehicle, Which caused severe burns and spinal injury. Fisher was taken to Scripps Memorial Hospital where doctors said he may never walk again and will be there for the next month or longer.

Applicable California Law

California Vehicle Code 21658(a) requires the driver of a vehicle driving on a road with divided lanes not to move from their lane until it is reasonably safe to do so. Although Cueva said she never saw Fisher prior to hitting him she will still be liable for his property damage and personal injury. This would include the repair or replacement of his bicycle as well as his medical expenses, lost earnings and earning capacity as well as compensation for pain and suffering. Since Fishers long term prognosis is doubtful with respect to his ability to walk again, the adequacy of Cueva's insurance coverage and or other assets are of particular concern (see my prior Blog post on California Law On Uninsured/Underinsured Coverage)

A midday bike ride changes the life of a victim forever. Bike accidents resulting from auto accidents, truck accidents, or bus accidents often result in catastrophic and life altering injuries or death. Consulting with an experienced personal injury attorney is essential to preserving your rights.

A study in the Emergency Medicine Journal substantiates the fact that there is a significant impact on children who sustain whiplash injuries. There has been a long standing debate among different medical practitioners as to the affects and consequences of these injuries on children. This controversy was due to many factors, but most prominently the lack of any significant studies on these types of injuries in children. In the past, cases involving whiplash injuries in children were overlooked in part because children either lack the ability to effectively communicate their problems or do not appreciate the nature and extent of their injuries. This lack of attention would often result in them not receiving the medical attention they needed and in some cases would result in long lasting consequences. These types of spine injuries can result from a number of different types of incidents, but in many instances are caused by auto accidents.

The study by Boyd, Massey, Duane & Yates entitled Whiplash associated disorder in children attending the emergency department followed 105 children who had been involved in auto accidents during an eight-month-period. The subjects, ages four to sixteen, had data collected at 5, 14,28, and 56 days after their auto accidents. Nine of them complained of pain on motion on physical exam, 47% showed pain on motion but no pain on physical exam. 60% of the subjects with whiplash injuries reported pain immediately after the crash, with 40% reporting the onset of symptoms the following day. Those who sustained even minor whiplash injuries were symptomatic for 2-18 days, and those with more significant injuries 2-62 days. This does not even address the psychological trauma as the study reveals "Recent work has shown that children are susceptible to and do experience significant psychological trauma after being involved in a car crash."

Parents and adults should take action when a child has sustained a whiplash or other spine injury. Auto accidents, bicycle accidents, or slip and fall accidents can result in significant spine injuries or brain injuries. If your child or someone you know has sustained a serious whiplash or other injury, seek immediate medial attention and talk to an experienced personal injury attorney.

SIGNON SAN DIEGO Susan Shroder reported that Sharlotte Kingston a 36-year-old Poway woman, was struck by a pickup truck while walking her dog on September 13, 2011. The truck accident happened on Valley Verde Road and Dorset Way at around 11 a.m. According to Sheriff's Sgt. Daniel Vengler, a 58-year-old Poway man allegedly lost control of his truck, hit a street sign, and then the woman. She sustained multiple injuries, including a head injury and was transported to Palomar Medical Center in Escondido in critical condition.

Applicable California Law

The pickup truck driver will be liable for the woman's personal injuries and for violation of Vehicle Code 21658, which requires drivers to stay within their lane unless any movement can be made safely. The woman's claims would include economic damages such as medical expenses, lost earnings and earning capacity. In addition, there would be damages for pain and suffering, to include past and future physical pain, mental suffering, loss of enjoyment of life, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress. Given a significant head injury, her damages will be significant and hopefully the truck driver has enough assets and or insurance coverage to adequately compensate the victim for her injuries (see my prior Blog post Uninsured / Under-insured Auto and General Accident Guide).

A leisurely morning walk turns into tragedy. Truck accidents or auto accidents involving pedestrians often result in critical brain injuries, spine injuries, or wrongful death. Getting advice from an experienced personal injury attorney is critical to obtaining just compensation for serious injuries.

San Diego News 10 reported that Linda McGiness-Pleines of Poway sustained serious neck and head injuries as a result of being run over by a lifeguard truck at Torrey Pines State Beach on July 26, 2011. The truck accident happened around 3 p.m. while Linda was sunbathing and the truck ran over her head and neck. She was quoted as saying "I heard all this crunching, after it came off of me and I was able to open my mouth and speak, I started screaming." "At first I thought I was going to die and then when I realized I made it - after the tire went over - the crunching I thought... was my neck snapping... turns out it's my jaw and my ribs," she said. She was transported by paramedics to Scripps Memorial Hospital in La Jolla where she was diagnosed with a broken jaw, broken ribs, shoulder injury, spine and neck injuries.

Applicable California Law

Linda will have claims for personal injury against the lifeguard as well as the their employer the State, since the accident happened while the lifeguard was in the course and scope of his or her employment. However, the appropriate claims must be filed with the State in a timely manner to preserve any claims (see my prior Blog post San Diego Fire Crewman Killed in Car Accident Near Gorman for the law on Government Claims). Linda's claims will include past, present ,and future medical costs, lost earnings, and earning capacity as well as compensation for pain and suffering.

A day at the beach results in serious injuries. Auto accidents, and truck accidents involving pedestrians can result in lifelong injuries or wrongful death. Knowing which agencies need to be put on notice of any claims is one of the many benefits of consulting an experienced personal injury attorney if you have been injured in a serious accident.

SAN DIEGO UNION TRIBUNE Elizabeth Aguilera reported that Izaiah Wallis of Vista was released from Rady Children's Hospital on May 17, 2011 after being hospitalized for seven months. Izaiah and his grandfather were on there way to a park in Oceanside when they were struck by a 17-year-old drunk driver on October 18, 2010. The toddler was thrown from his stroller and was left paralyzed and partially blind as a result of a brain injury when his head was severed from his spine. His parents were quoted as saying, "It's going to be a bumpy road, but with all the help and support we can get through this," said Jacob Wallis, Izaiah's father. "It's like bringing a newborn baby home for the first time. Lucy and I have waiting for this day to come," said Wallis, referring to his fiancé, who is also Izaiah's mother. The driver who hit them was sentenced to 480 days in custody.

Applicable California Law

The teenage driver was convicted of driving under the influence resulting in bodily injury (see my prior Blog post on California DUI Law). Furthermore, Izaiah and his grandfather will have claims for personal injury. However, there is a question as to the amount of insurance or other assets of the responsible parties to adequately compensate the victims, which is usually the case in accidents involving catastrophic injuries(see my prior Blog post on UM/UIM Coverage). Given the catastrophic nature of Izaiah's injuries and the cost of future care it is doubtful that the defendants have adequate assets. California has various assistance programs, such as the fund for victims of violent crimes. Fortunately, San Diego has exceptional facilities to help brain injury victims such as Brain Tek Institute and the rehabilitation center at Scripps Memorial Hospital in Encinitas (see my prior Blog post on Traumatic Brain Injury).

A routine stroll to the park turns into tragedy. Auto Accidents involving drunk drivers and pedestrians often result in brain injuries or other catastrophic injuries. Talking to an experienced personal injury attorney can greatly assist the victims and their families.

NBC San Diego News reporters Michael Gehlken and Steve Luke reported that an unnamed Hispanic man in his 50s was killed while riding his bicycle in Lomita on March 6, 2011. The accident happened at around 7:30 a.m. on Skyline Dr. when a van traveling westbound, driven by an unnamed 47-year old female driver, veered to the right and struck the bicyclist who was traveling on the right side of the road.

Darryl Hoover, field lieutenant with the San Diego Police Department stated that "At this time, investigators are trying to determine why the driver, who at this point has been considered the primary cause, veered to the right and struck the bicyclist." "The bicyclist went through the driver's side window of the van and then was launched, and came to rest on the sidewalk." A nearby resident Isabel Huerta said the auto accident sent the victim flying off the van's windshield in front of her friend's house. "She was just really terrified because the body was right in front of her house, and she could see the bike torn into pieces, and shoes and his hat all over the place," Huerta stated.

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

Applicable California Law

California vehicle Code 21658 requires the driver of a vehicle to stay within a marked lane and not move from the lane unless it is reasonably safe to do so. The fact that the driver of the van veered to the right and struck the bicyclist would result in liability for his wrongful death. Thus, the bicyclist's heirs would have claims for wrongful death (see my prior Blog post on California Wrongful Death Law). Bicyclists have to follow the same rules and regulations as any other vehicle on the road (see my prior Blog post on California's Bike Laws), there are no facts that would indicate the bicyclist contributed to causing his own death, which would reduce the value of any claims.

Bicyclists are less visible and have less protection then other vehicles on the road. This is why bicycle accidents frequently result in serious brain injuries, spine injuries, or wrongful death. Complicated injuries or the loss of a loved one requires the advice of an experienced personal injury attorney.

San Diego Union Tribune correspondent Debbie Baker reported that an unnamed motorcyclist sustained serious injuries in a head-on collision in Balboa park on 2/23/11. The motorcycle accident occurred when the rider who was traveling southbound on Pershing Drive at around 9 p.m., crossed over the double-yellow lines and struck a Nissan Altima going in the opposite direction. The driver of the Altima was injured and the rider suffered a head injury and multiple broken bones. The rider was suspected of speeding at 45 mph, when the posted speed limit is 35mph, but he was not cited.

Applicable California Law

The motorcyclist will be liable for damages for violation of California speed law, Vehicle Code 22350, and Vehicle Code 21651, which prohibits vehicles from crossing into oncoming traffic when a road has been divided by double yellow lines.The driver of the Altima will have claims for the damage to his vehicle, loss of use of his vehicle while it is being repaired, as well as claims for personal injury (see my prior Blog post on personal injury damages). If the driver of the Altima contributed to causing the accident in any way, the motorcyclist could also have claims for damages against the driver, and owner of the vehicle.

Motorcycle accidents are one of the leading causes of serious injuries. They often result in serious brain injuries, spine injuries, broken bones, or wrongful death. Exploring all of your options with an experienced personal injury attorney is crucial to preserving your rights.

Union Tribune reporter Eric Edmonds story on off-roading in Southern California's deserts, highlights the heightened risk of serious injuries to children caused by the operation of all terrain vehicles. Although off-roading in California is a year-round activity, when temperatures in the deserts are more moderate, around October, large numbers of off-road enthusiasts driving motorcycles, trucks and ATVs invade popular areas such as Glamis in San Diego. People taking vacations or getting away for the weekend for fun converge on these areas creating virtual cities. Unfortunately, with the large numbers of people racing and partying, popular areas such as Glamis start to resemble war zones due to accidents caused by reckless drivers.

An ongoing research study being conducted at Rady Children's Hospital in conjunction with Children's Hospital of Orange County has found some interesting patterns concerning desert season and off-road vehicle-related injuries in children. The age of those injured ranges from 8 months to 14 years (the cutoff age for trauma being directed toward a children's hospital). Forty percent of the injuries are fractures and 20 percent of the injuries involved the skull, brain, spine, or other internal injuries. Moreover, about half of the fractures require surgery.

The primary vehicles involved in causing serious injuries are dirt bikes, which account for approximately 45% ; ATVs, quads, and other vehicles make up the rest. Far too many children fail to use proper safety equipment and or lack the safety training in the first instance. The study suggests that the lack of adequate regulation and enforcement is of great concern.

Applicable California Law

As a result of the negligence or reckless conduct of others, many are seriously injured or wrongfully killed. Therefore they have personal injury claims, and or their heirs have potential wrongful death or survivor actions against the responsible parties (see my prior Blog post for California's Wrongful Death Laws). Many off-road enthusiasts fail to understand that even while driving off-road that they must follow the same rules of the road regardless of whether they are off-road or not. Unfortunately, many of the wrongdoers fail to carry adequate insurance coverage, or any insurance at all (see my prior Blog post on California Uninsured/Underinsured Motorist Law).

Basic safety training and proper use of safety equipment can greatly reduce the risk of serious brain injuries, spine injuries, internal injuries, or broken bones requiring surgery. Motorcycle accidents, truck accidents, or ATV accidents can cause life altering injuries or death. If you or a loved one have been seriously injured or have lost a loved one in any accident before taking any action talk to an experienced personal injury attorney.

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 Union Tribune reporter Harry Jones reported that a unnamed man riding a motorized scooter/wheelchair suffered a severe head injury as a result of being hit by a hit-and run driver in National City Christmas morning. Police Sgt. Robert Rounds said the 57-year-old man was riding along the shoulder of Paradise Valley Road near 8th Street when he was struck from behind by a burgundy pick up truck at around 10:30 a.m. "It totally destroyed the wheelchair and sent the man flying through the air," Rounds said. Joshua Becerra of San Diego, the 22-year-old driver of the truck, stopped long enough to pick up the debris from the truck and then fled from the scene. Later the same day Becerra's uncle called police and Becerra was taken into custody. "If the driver had just stuck around, he probably would've been OK, but when you leave like that it becomes a felony," Rounds said. The victim was hospitalized for head injuries and is in serious condition.

Applicable California Law

Becerra will face potential criminal charges for felony hit-and-run (see my prior Blog post for California hit-and-run law). In addition Becerra will have civil liability for the victim's injuries to include medical expenses, lost earnings and earning capacity as well as compensation for pain and suffering. However, it is not clear why the victim was riding in the street and not the sidewalk. If the victim's conduct contributed to causing his own injuries, his claims would be reduce proportionately. Since the victim sustained a serious head injury, Becerra's liability insurance limits are at issue. If they are inadequate, hopefully the victim is covered by his own uninsured/underinsured motorist coverage and or an umbrella policy (see my prior Blog post on California uninsured/underinsured liability coverage).

A day of celebration turns into tragedy. Auto accidents and truck accidents involving pedestrians generally result in serious spine and or brain injuries. Knowledge of the law and resources to get proper medical treatment are some of the benefits of talking to an experienced personal injury attorney.

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 COAST NEWS Reporter Wehtahene Tucker reported that 55-year-old Carlsbad resident John Miksa, author and consultant, was joined by several of his care givers from Scripps Hospitals at Encinitas and La Jolla, professional rider Roy Southerland, and others on a 15 mile bike ride on August 27, 2010 between both of the hospitals. However, a year earlier, on August 21, 2009, Miksa was hit by a distracted driver near Pacific and Cassidy in Oceanside. The auto accident caused Miksa to sustain a shattered ankle, and spinal injuries to his neck, which left him paralyzed from his neck down. "I could feel some pain, but mostly I realized I couldn't move, my body was still."

Miksa defied all odds despite only being given a 1% chance of recovery by his neurosurgeon, Scott Leery. Miksa was determined to recover fully from his injuries, and stated " They stood me up on day four. I went from being totally paralyzed to standing." On September 1, 2009 he told his therapist he wanted to walk and accomplished that, at first, with the use of parallel bars. Miksa said " I was an athlete my whole life and now had a lot of anxiety about walking, I was in a lot of pain." Jim Cope, his therapist, remembers "within a week he was walking up and down the hall, taking the stairs by himself." The miracles continued that week, as Miksa and his wife learned that their daughter and son-in-law were going to have a baby. "It was an amazing day to say the least," Miksa said.

"I want people to have hope that they can recover," he said. "Most of all I want to tell people to put your cell phone down while driving," he cautioned. After observing motorists for the nine months he was not allowed to drive, Miksa said he had the opportunity to notice how distracted drivers are. "I'm going to be sticking to trails after this ride," he said.

Miracles can happen, hope, faith and a positive attitude are the keys to recovery. Auto accidents, truck accidents or bicycle accidents can result in catastrophic injuries which can be overcome. The help of an experienced personal injury attorney can be a great resource.

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.