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.

San Diego Union Tribune reported that 20-year-old Landen Swanson of Vista was taken off life support from injuries he sustained in an auto accident on January 9, 2012. Swanson suffered a brain injury resulting from head trauma when he was struck by a hit-and-run driver while skateboarding on Alamitos Way and Orlando Avenue in San Marcos, on his way home from work. According to sheriff's Sgt. Stephanie Guerra, the driver of the vehicle that hit him fled the scene, but later called police and told them he was involved in the incident. He was later arrested and criminal charges are pending.

Applicable California Law

The driver of the hit-and-run vehicle will face felony criminal charges for leaving the scene of an accident resulting in injury or death (see my prior Blog post on Hit-And Run law in California). Furthermore, he will be subject to civil claims by the Swanson family for the wrongful death of Landen (see my prior Blog post on California Wrongful Law And Survivor Actions). As always, whenever there is a fatality or catastrophic injuries, the adequacy of the responsible parties' insurance and assets are at issue (see my prior Blog post on California Uninsured And Underinsured Law).

Skateboarders are especially vulnerable to vehicles on the road because they are moving fast and are not very visible. Auto accidents, truck accidents and bus accidents involving skateboarders, pedestrians, and bicyclists often result in catastrophic injuries or wrongful death. Getting the guidance and council of an experienced personal injury attorney can be an invaluable resource.

San Diego NBC News Joseph Young reported that members of a San Diego family were seriously injured in a auto accident on January 8, 2012. The car accident happened at around 11a.m. at the corner of University and 4th Street. The unnamed couple and their 3-year-old daughter were in the crosswalk when a vehicle making a turn through the intersection struck the woman and her child. Cody Defrate, a witness who called 911 for help stated that "The intersection's crazy." "Cars turning the wrong way, people aren't paying attention when they cross the street. It's not just pedestrians. It's mostly the cars honestly." The child and her mother were taken to a local hospital with potential life-threatening injuries.

Applicable California Law

California Vehicle Code 21950 requires drivers to yield the right-of-way to pedestrian in a marked crosswalk. Thus, the driver and owner of the vehicle that struck the woman and her child will face potential claims for their personal injuries. If their injuries result in either victim's death, their heirs could pursue claims for wrongful death (see my prior Blog post for Wrongful Death Law in California). However, the statute also requires pedestrians to exercise due care for his or her own safety. Thus, if the couple was inattentive and contributed to their own injuries, this could reduce the value of any potential claims.

A Sunday morning outing results in a life threatening accident. Auto accidents, truck accidents, or bus accidents involving pedestrians can result in serious injuries to the victims or the death of a loved one. Seeking the advice of an experienced personal injury attorney is crucial to protecting the rights of the victims and their families.

Fox Business writer Susan Ladika reported that San Diego is ranked first among the nation's major cities for DUI citations. The report is based on statistics from Insurance.com from November 1, 2010 to October 31, 2011. Furthermore, it is the second year in a row San Diego leads the list. However, confounding factors such as lack of public transportation and vigilance by local police could account for the high ranking. Peter Moraga, spokesman for the Insurance Information Network of California, speculates that California leads in DUI citations because it is a "car-centric state," and law enforcement officials are "very attuned to the danger of driving under the influence." Other factors such as tourists, visiting business people, people in the military, and young drivers contribute to the problem. According to the FBI there were 1.4 million DUI arrests in 2010.

Applicable California Law

For the law and other factors affecting DUI accidents in California see my prior Blog post UC San Diego Study On DUI Car Accidents Causing Serious Injury Or Fatalities.

The holidays and, in particular, New Years can be very dangerous for motorists due to impaired drivers on the road. Auto accidents, motorcycle accidents, truck accidents, or any accident involving DUI drivers often result in serious injuries or wrongful death. If you or a loved one are the victim of an intoxicated driver seek the advice of an experienced personal injury attorney.

San Diego News 10 reported that 56-year-old Insixiengmay and 59-year-old Tem Thirakul were fatally injured when the vehicle in which they were riding was struck by a Federal Express Tractor Trailer on October 13, 2011. The auto accident happened at around 10 p.m. when their Honda Civic, being driven by a 35-year-old woman, lost control and veered into the path of the truck as the car was entering Interstate 805 at Clairemont Mesa Boulevard. Both victims were pronounced dead at the scene and their driver was transported to Sharp Memorial Hospital. The California Highway Patrol is continuing to investigate the incident.

Our sympathy goes out to the victims families and friends.

Applicable California Law

At first blush it would seem that the Honda driver was at fault for violating California Vehicle Code 21804 (a), which requires a vehicle entering a highway to yield the right of way to any vehicle approaching that is close enough to constitute an immediate hazard. On the other hand, if the driver of the truck could have avoided the collision or minimized the impact by being more attentive and or taking evasive action, he could be partially responsible and comparatively at fault. Thus, both drivers as well as Federal Express, which is the truck drivers employer, have potential liability for the victims wrongful death (see my prior Blog post San Diego Woman Killed by Auto Accident Debris for Wrongful Death Law in California). The driver of the Honda also has a potential personal injury claim, which would be reduced in proportion to her contribution to causing the accident and her injuries.

A tragic loss of life on Halloween evening. Truck accidents resulting in auto accidents most often result in wrongful death or serious injuries. Exploring the best strategies as to obtaining fair compensation and justice is the benefit of consulting an experienced personal injury attorney.

Orange County Register Alejandra Molina reported that Ruben Chavez, a 31-year-old truck driver from Tijuana was struck and killed on September 27, 2011. The fatal auto accident happened at around 6 a.m. on Interstate-5 near the Avenida Vista Hermosa exit. According to CHP officer Chris Goodwin, Chavez pulled to the side of the road due to mechanical problems with his truck. Chavez exited his truck and was standing on its left side when an unnamed 64-year-old San Diego man in a BMW traveling in the No. 4 lane drifted onto the right shoulder and sideswiped the truck and hit Chavez, who was pronounced dead at the scene. The incident is still under investigation.

Our condolences go out to the Chavez family and friends.

Applicable California Law

California Vehicle Code 22107 prohibits the movement of a vehicle from a direct course unless it can be done safely. The driver of the BMW will face civil claims for the wrongful death of Mr. Chavez (see my prior Blog post San Diego Woman Killed by Auto Accident Debris for California law on wrongful death claims and damages). It is not clear if Rubin was working for an U.S. or a Mexico-based company, which would impact potential workers compensation claims by his heirs since he was killed while on the job (see my prior Blog post San Diego EMT Fatally Injured In Multi Vehicle Auto Accident for wrongful death claims involving workers comp).

Whenever someone pulls off to the shoulder or side of the road they should take proper precautions, to warn other motorists and for their own safety. Auto accidents and truck accidents involving pedestrians usually result in serious injuries or wrongful death. Exploring all of your options by conferring with an experienced personal injury attorney before taking any action is key to getting justice.

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 an unnamed 25-year-old woman was killed by a hit-and-run driver on August 22, 2011. The auto accident happened at around 3:30 a.m. on state Route 76 near the La Jolla Indian Reservation. The woman was walking on the side of the road when she was struck by a 2002 Ford Taurus, whose driver fled the scene. According to CHP officer Chris Parent, the vehicle was found abandoned near Valley Center Road and the alleged driver Rickey Burns, 69, of Escondido was later arrested on suspicion of felony hit-and-run.

Our condolences go out to the family and friends of the deceased woman.

Applicable California Law
Burns will face criminal felony hit-and run charges for leaving the scene of the accident (see my prior Blog post San Diego Hit-And-Run Auto Accident Causes Severe Brain Injury for California Hit-And-Run Law). In addition, the heirs of the deceased woman will have claims for wrongful death (see my prior Blog post Escondido Hit-And-Run Auto Accident Causes Death Of Teen for California Wrongful Death Law). However, there might be mitigating circumstances that could reduce the value of any claims, as it still unclear if by walking alongside the highway, the woman contributed to her own death (see my prior Blog post Carmel Mountain Hit & Run Auto Accident Kills Pedestrian for California Law On Comparative Negligence).

Walking along poorly lit rural roadways can be extremely dangerous. Auto accidents and truck accidents involving pedestrians often results in serious injuries or wrongful death. An analysis of the facts and circumstances of a serious accident by an experienced personal injury attorney is critical to knowing your rights.

North County Times Teri Figueroa and Morgan Cook reported that San Marcos Sheriff's deputy Dustin Lopez was injured in a three-car collision on August 12, 2011 at around 10 a.m.. The auto accident happened as Lopez, traveling southbound on Rancho Santa Fe in an unmarked police vehicle, hit a Honda van and a Mercedes, which were heading northbound and turning left onto westbound La Costa. According to witnesses Lopez ran the red light; however, the incident is still under investigation by the Carlsbad police. Lopez was transported to Palomar Medical Center in Escondido. The driver of the Mercedes, Christine Stanley, 60, of Carlsbad was taken to Scripps Memorial Hospital in Encinitas. Both drivers were treated for multiple injuries including head injuries. Lopez was on his way to a detail in Encinitas when the accident occurred.

Applicable California Law

If the witnesses account are correct, Lopez violated California Vehicle Code 21453, which requires a driver approaching a red light to stop and yield to opposing traffic. However, if Stanley or the driver of the Honda saw Lopez approaching and knew he was not going to stop they could be partially at fault for violating Vehicle Code 21801 failure to yield to an oncoming vehicle which is close enough to constitute a hazard. Lopez can pursue a workers compensation claim and possibly a personal injury claim(see my prior Blog post San Diego EMT Fatally Injured In Multi Vehicle Auto Accident for California work injuries and liability claims). Stanley and the driver of the van or any other injured person can pursue claims for property damage to their vehicles as well as personal injury claims after they comply with the claims reporting requirements (see my prior blog post San Diego Fire Crewman Killed in Car Accident Near Gorman Government claims reporting requirements).

The end of a workweek results in a serious accident. Auto accidents, truck accidents or those involving other vehicles serious enough to causing air bags to deploy usually result in serious injuries such as brain injuries. If you sustain a serious injury on the job or otherwise, talk to an experienced personal injury attorney to explore all of your options.

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.

KABC News Los Angeles Elex Michaelson reported on the homecoming of Derek Thomas of Encinitas who was critically injured in an auto accident on Highway 395 outside of Bishop last year (see my prior Blog post San Diego Students Killed In Head-On Collision). Derek, a football star at Cathedral Catholic High, was returning to San Diego from a track trip to Mammoth when the fiery crash left him with burns to 85 percent of his body and the wrongful death of his friends. His injuries required that he be placed in an induced coma and endure 33 skin graphs over the last 11 months at the Grossman Burn Center at West Hills Hospital before he could return home. When he was first admitted he was given less then a one percent chance of surviving his injuries and Grossman Burn Center Director Peter Grossman was quoted as saying "We have many, many fascinating, wonderful, courageous individuals." "But Derek Thomas stands at the very apex." However, this is only the beginning of Derek's challenges, as he will require future reconstructive surgeries in an attempt to regain some of his pre-accident mobility. Derek's father Randy Thomas said "It was the most difficult thing I ever went through, to try and touch on a reality that is unfathomable."

Applicable California Law

For review and analysis of the applicable California law see my Blog post San Diego Students Killed In Head-On Collision.

Life can change in an instance, it only takes being at the wrong place at the wrong time. Auto accidents, truck accidents, or motorcycle accidents resulting in critical injuries, which can last a lifetime or result in wrongful death. When dealing with the complicated issues associated with serious injuries or the loss of a loved one, the guidance of an experienced personal injury attorney is essential.

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.

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.