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 News 8 reported that an unidentified woman passenger in a Hyundai Sonata was fatally injured on October 8, 2011. The tragic auto accident happened at around 2:30 a.m. on state Route 78 and Bear Valley Parkway in Escondido, when 21-year-old Joshua Goldbaum of Escondido collided into a Ford Aerostar van. One of Goldbaum's passengers died, another was injured as well as the driver of the van. The passenger in the van, who sustained major injuries is expected to survive. According to CHP Officer Bettencourt, Goldbaum who fled the scene, was later arrested and taken to the Vista jail and faces numerous felony charges for hit-and-run, gross vehicular manslaughter and driving under the influence.

Our condolences go out to the families and friends of those who tragically lost their lives

Applicable California Law

Goldbaum will face felony criminal charges for driving under the influence and 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 and DUI Law). In addition, Goldbaum and the owner of his vehicle will be liable for any property that was damaged as well as the wrongful death of the victims and those who sustained personal injury (see my prior Blog post San Diego Woman Killed by Auto Accident Debris for California law on Wrongful Death and "survivor actions"). However, if the passengers in the Goldbaum vehicle knew he was intoxicated and chose to ride in his vehicle, there will be allegations of comparative fault, which will affect the value of any claims made by them or their heirs. As always vehicular accidents involving fatalities, serious injuries, and multiple claimants raises issues as to the adequacy of insurance coverage or other assets of those responsible (see my prior Blog post Uninsured / Under-insured Auto and General Accident Guide on California insurance coverage).

Young adult drivers pose some of the highest risk to themselves and others on the road. They often ignore the risks of driving recklessly and or under the influence of drugs or alcohol, causing auto accidents, motorcycle accidents, and bike accidents resulting in wrongful death or catastrophic injuries. When the impact of a serious injury or the loss of a loved one touches your life, 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.

Sign on San Diego Kristine Davis reported that Jessica Bloom, 21, of Rancho Bernardo pled not guilty to felony hit-and-run drunk driving on August 3, 2011. The charges arose out of auto accident on July 31, 2011 at around 12:30 p.m. when she rear-ended Sgt. David Smith, 34, a career Marine originally from Texas. Smith was stopped at a traffic light at Bernardo Center Drive near West Bernardo Drive on his motorcycle when he was hit and sustained a serious head injury. Witnesses saw Bloom hit Smith and flee the scene, she was later arrested. Deputy Attorney Matthew Williams said Bloom's blood-alcohol level was .37, four times the legal limit. Smith was taken to Palomar Medical Center in Escondido where he remains in a medically induced coma. Smith's fiancée, Vanessa Potts, said "It's unfair, we've been through a lot this past couple years and he's been through a lot in his military career, surviving an IED explosion. How do you come home and get hurt doing something that you love? I mean, he genuinely loves riding. That day, the last message I got from him was how beautiful the day was, and how he wished he could ride all day."

Applicable California Law

Bloom faces felony hit-and-run and drunk driving charges (see my prior Blog post San Diego Hit-And-Run Auto Accident Causes Severe Brain Injury on Hit-and-Run and DUI Law in California). In addition, Smith will have claims for his personal injury; however, it is doubtful that Bloom carries enough insurance coverage to adequately compensate Smith for his injuries. Being put into an induced coma for any length of time will result in tens to hundreds of thousands of dollars in medical costs and most likely lifelong consequences. Hopefully Smith has the benefit of substantial uninsured/underinsured coverage of his ownown (see my prior Blog post Uninsured / Under-insured Auto and General Accident Guide)

Another instance of a drunk driver causing catastrophic injuries and changing people's lives forever. Auto accidents resulting in motorcycle accidents caused by drunk drivers often cause catastrophic injuries or wrongful death. Contacting an experienced personal injury attorney to talk about the options in coping with the serious injury or the loss of a loved one is essential.

San Diego News 10 reported that 77-year-old James Cummings of Ocean Beach was fatally injured as a result of an auto accident on July 7, 2011. The fatal accident happened around 12:30 a.m. and was caused by an unnamed 15-year-old boy who was joy-riding in his mother's Toyota 4-Runner with four of his friends. He missed a turnoff on Ingram Street and backed up into oncoming traffic on Sea World Drive. Cummins traveling west bound in his Mercury LTD ran into the rear of the SUV and had to be cut from his vehicle before being taken to UCSD Medical Center where he died around 5 a.m.. Cummins, a physicist at the Naval Warfare Systems Center for 54 years, was a dedicated employee. His supervisor Alan Lockwood was quoted as saying "He had kind of a southern charm. He would tell the ladies 'I love you' and 'I love you, sweetheart'... that kind of thing and they would just smile at him." Lockwood said Cummins was always upbeat and did not have the personality of a typical scientist. He was also dedicated to his work. "I asked him one time, 'Why don't you retire?' And he said, 'Well, this is my life,'" said Lockwood. "He said as long as he could walk across the street from the parking lot he would keep coming every day.". Cummins was known to be somewhat eccentric and would often sleep in his car. Kevin, his grandson, said "Nobody could ever put a finger on why he was that way, but - I don't know - he was just different than everyone else." Kevin said "Gramps" was like Leonardo DaVinci, a genius with quirks.

Our condolences to the Cummins family and friends.

Applicable California Law

California Vehicle Code 12814.6 establishes the minimum age and requirements for obtaining a drivers license in California. Since the driver of the SUV was only 15 even if he had a permit, which his mother would not confirm, he is required to have an adult supervising him at the time. Furthermore, by backing up onto Sea World Drive, he violated California Vehicle Code 21804(a), which requires the driver of a vehicle entering a roadway to yield the right of way to any vehicle close enough to constitute an immediate hazard a violation of which would impose civil liability. However, given the fact that the SUV driver was under age and driving without his mother's permission there probably would be no insurance coverage. Thus, the Cummins' heirs as well as the injured passengers in the SUV would need to have their own uninsured motorist coverage to be compensated for any wrongful death or personal injury claims (see my prior Blog post on California UM/UIM and Umbrella Coverage).

Another instance of a youthful driver showing poor judgment resulting in tragedy. Auto accidents, motorcycle accidents, or boat accidents involving young inexperienced drivers often result in serious injury or wrongful death. When tragedy strikes, find out what your rights are by consulting with an experienced personal injury attorney.

San Diego Union Tribune Pauline Repard reported that 71-year-old Jan Chizer-Williams of San Diego lost control of her PT Cruiser, struck, and fatally injured a woman and seriously injured her boyfriend and son on June 3, 2011. The auto accident occurred on University Avenue and Euclid Avenue in City Heights while the three victims were waiting at a bus bench. According to police investigator, officer Dan Wall, the driver suffered a severe low-blood sugar diabetic episode causing her to loose control of her vehicle, jump the curb, heading straight for the bus bench striking the victims and running into a building. Police and paramedics responded, Wall reported that the 10 year-old-boy was knocked unconscious, suffered a broken arm, multiple cuts and was transported to Rady hospital. His 25-year-old mother was taken to Scripps Mercy Hospital where she later died. Her 28-year-old boyfriend was taken to UCSD Medical Center with multiple fractures to his leg and feet.

Our sympathy goes out to the boy, his family and friends of the deceased.

Applicable California Law

It is doubtful that Chizer-Williams will face any criminal charges for the accident unless she knew or should have known she was not fit to drive due to her medical condition. However, she will face civil claims for violation of California Vehicle Code 22107, which requires a driver to stay within their lane until it is safe to move from that lane. She will be liable for any property she damaged as well as the wrongful death of the woman who was killed (see my prior Blog post on California Wrongful Death Law And " Survivor Statutes"). Furthermore, she is liable for the personal injuries to the boy and the boyfriend (see my prior Blog post for California Personal Injury Damages). As always when there are serious injuries or wrongful death, issues relating to the adequacy of the responsible parties insurance are crucial (see my prior Blog post on California UM/UIM Coverage and Law).

Sitting at a bus stop and life changes forever. Auto accidents or bus accidents resulting in wrongful death, brain injury or serious injury can change the life of the victims and their families forever. Finding out what your rights are by talking to an experienced personal injury attorney is essential to receiving fair compensation.

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.

San Diego Union Tribune, Debbie Baker reported that an unnamed 46-year-old man riding a bicycle sustained a life-threatening head injury on April 25, 2011. The bicycle accident happened around 5 p.m. in North Park when the bicyclist, who was riding east on University Avenue near Arizona Street, was knocked to the ground. According to police, as he rode passed a parked vehicle the 22-year-old woman driver opened the car door striking the bicyclist, who suffered a life-threatening skull fracture when he fell and hit his head on the ground. Traffic division officers are still investigating the matter.

Applicable California law

The bicyclist will have claims for any damage to his personal property as well as his personal injuries due to the driver's inattention when opening her car door. These damages include medical bills, lost earnings and earning capacity in addition to compensation for pain and suffering. However, it is not clear if the bicyclist was wearing a helmet since he sustained a skull fracture. Furthermore, he has the same obligations as other vehicles on the road to exercise due care. If he failed to do so and this contributed to the causing his own injuries, his claims would be reduced proportionately (see my prior Blog post on California Bike Law). Head injuries such as skull fractures can cause permanent consequences (see my prior Blog post on Brain Injuries and resources), which leads to the question as to whether the driver has adequate insurance coverage (see my prior Blog post on California Uninsured/Underinsured Motorist Law). If the cyclist was wearing a helmet and it was defective, which contributed to his injuries, he could potentially pursue a products liability claim (see my prior Blog post on California Products Liability Law).

A routine bicycle ride results in a serious injury. Auto accidents, and bicycle accidents that cause serious brain damage can be catastrophic. The life-changing consequences can be helped by conferring with an experienced personal injury attorney.

San Diego News 10 reported that 18-year-old David Mendez of Bonsall was fatally injured after being struck by a hit-and-run driver on March 28, 2011. The auto accident happened around 7:00 AM while Mendez was riding his bicycle on the 1300 block of Sleeping Indian Lane, in Oceanside. According to Lt. Leonard Mata, Mendez was found laying on the street, and was transported to Scripps Memorial Hospital in La Jolla where he was pronounced dead the following day. Debris from the 1988 Plymouth Neon that hit him and left the scene, led police to the arrest of 24-year-old Lopez Gonzalez of Oceanside who was booked for vehicular manslaughter.

Our condolences go out to the Mendez family and friends.

Applicable California Law

Gonzalez will face criminal charges for vehicular manslaughter as well as felony hit-and-run (see my prior Blog post for California Hit-And-Run Law). David's heirs will have wrongful death claims, and a survivor action for the medical costs incurred while David was hospitalized (see my prior Blog post an California Wrongful Death Law and Survivor Actions). However, given the fact that Gonzales was driving a late model economy vehicle leads to concerns as to whether he carries adequate insurance coverage. Hopefully, the Mendez family has the benefit of adequate uninsured/underinsured coverage (see my prior Blog post on Uninsured/Underinsured Law).

A bicycle ride turns into tragedy. Auto accidents and bicycle accidents can result in serious injuries, or wrongful death. If you have lost a loved one due to the carless acts of another talk with an experienced personal injury attorney.

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.

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.

Daily Pilot reporter Sara Peters reported that 23-year-old San Diego native Jessica Hoke was killed when she was struck in the head by debris from a car accident on December 30 ,2010 at around 8 a.m.. Jessica, a recent graduate from UC Irvine, was waiting to cross the street at Sunflower and Stevens Avenue to go to work at H&M at South Coast Plaza, when she was struck and died from her injuries three days later on December 3, 2010. The auto accident was caused when the unnamed 17-year-old driver of a pickup truck ran a red light and struck two vehicles. According to her uncle, David Hoke, Jessica's organs were donated through One Legacy, a transplant donor network and was quoted as saying "She was selfless," he said. "She always worked at making people better, which was something she was good at ... she wasn't pushy about it, but she had a real gentle way of encouraging people to be their best."

Our condolences go out to Jessica's family and friends.

Applicable California Law

Jessica's heirs will have wrongful death claims against the teenage driver and the registered owner of his vehicle pursuant to the wrongful death section of California's Code of Civil Procedure sections 377.60-377.62. In addition, her legal representative could pursue a "survivor action" in accordance with California Code of Civil Procedure sections 377.30-377.35 for damages not covered the wrongful death statute. Hopefully the responsible parties carry sufficient liability coverage. If not hopefully Jessica heirs have the benefit of adequate uninsured/underinsured coverage to attempt to obtain justice for their tragic loss.

A young life lost by being at the wrong place at the wrong time. Auto accidents resulting in wrongful death or serious brain injuries are catastrophic as no amount of money can replace a loved one or bring back the quality of life one enjoyed before a serious accident. However, conferring with an experienced personal injury attorney is a crucial step in the recovery process.

San Diego News 8 reported that four motorcyclists as well as a passenger in another vehicle were killed and six others were injured on Saturday afternoon, November 13, 2010. The accident happened at around 1:00 p.m. on Route 98, a remote desert two-lane highway in Ocotillo, where riders of a Lakeside motorcycle club were on their way to Yuma Arizona to celebrate their 10th anniversary. Carlos Bobadilla, a resident of Mexicali, was driving a Dodge Avenger when he swerved to avoid hitting a Honda Civic, whose driver was attempting to pass the group of riders. Bobadilla then lost control of his vehicle, driving into the group of riders. Four motorcyclists were killed as well as the owner of the Avenger, a 31-year-old Mexicali woman; six others were injured including Bobadilla who was taken to a hospital for treatment of hand fractures. The driver of the Honda, who apparently caused the accident, did not stop and left the scene. Bobadilla was later arrested for driving under the influence; however, CHP officer DeeAnn Goudie said that it is still unclear if his alcohol consumption contributed to the accident, and thus he is only being charged with a misdemeanor at this time.

Our condolences go out to the friends and families of the deceased and a speedy recovery to those injured.

Applicable California Law

As stated previously Bobadilla will face criminal charges for driving under the influence (see my prior Blog post for California DUI law). Furthermore, if the identity of driver of the Honda is ascertained, he will face potential felony hit and run charges (see my prior Blog post on California Hit and Run law). In addition, both drivers will be liable for the wrongful death and personal injuries sustained by the motorcycle riders (see my prior Blog post on California Wrongful Death law). However, since there were multiple deaths and the Honda driver fled the scene, it is doubtful that Bobadilla or the owner of his vehicle carrie enough liability insurance to adequately compensate the victims and their families. Hopefully, the deceased and the injured carry enough uninsured/ underinsured coverage of there own (see my prior Blog post for California Uninsured/Under-insured law).

A casual celebratory motorcycle ride turns into tragedy. Auto accidents resulting in motorcycle accidents usually cause serious injury or wrongful death. Talking to an experienced personal injury attorney when the time is appropriate is crucial to knowing your rights.

In these challenging economic times more and more people are either uninsured or substantially underinsured. This legal guide provides an explanation of different coverage's and how they affect the legal rights of injury victims and their family members.
1
What Is Uninsured/Underinsured Motorist Coverage?
Uninsured Motorist coverage is first party insurance coverage that can be purchased to protect the insured, any resident relative, minor children, or children away at school, who sustain damage or injury in an auto accident caused by someone who did not have liability coverage. As a general rule one would have to purchase separate coverage for their vehicle (UM-PD) and for bodily injury (UM-BI).
Underinsured Motorist coverage is first party coverage that is usually included when Uninsured Motorist coverage is purchased. This type of coverage will protect the above insured's, who sustain bodily injury in an accident that is caused by someone who carries liability insurance that is inadequate to compensate the injured party. In addition, this coverage does not cover damage to property thus, adequate collision coverage limits are needed to fully compensate any such loss. In California, insurance companies are required to include such coverage unless declined in writing.
2
Underinsured Umbrella Coverage
Many people are familiar with umbrella policies, which provide additional liability coverage above and beyond their auto or homeowner liability limits. In states such as California, some insurance companies offer Underinsured umbrella policies. This first party coverage affords the insured the ability to bridge the gap if the responsible party has inadequate liability coverage in various situations such as injuries arising out of auto or homeowner claims. This coverage also can provide additional protection if the insured's Uninsured/Underinsured Motorist limits are not adequate to fully compensate them for their injuries
3
Requirements In Establishing Uninsured/Underinsured Claims
Uninsured Motorist claims require that there be actual physical contact with another vehicle. In addition, UM-PD claims require that the uninsured driver's identity be ascertained before any such claim is honored. In cases of hit and run, insurance policies as well as state laws generally require that the police be notified and a report made within 24 hours of the incident. In addition, the insurance carrier must be notified within 30 days. Establishing uninsured status of the adverse driver is usually done by obtaining a certificate from the DMV known as an SR-19 in California. Obtaining a declaration under oath from the adverse driver and registered owner of the vehicle, or a declination of coverage from their insurance company is usually sufficient.
In Underinsured cases, proof that the responsible parties liability limits have been exhausted, a copy of the signed third party release and a copy of the third party settlement draft are usually requested.
4
Litigating Uninsured/Underinsured Claims
Uninsured/Underinsured claims are first party claims, the claimants insurance company steps into the shoes of the responsible party. This means that the insurance companies' interests are adverse to that of the insured. If any claim can not be resolved amicably either side can demand arbitration. This starts the litigation process however, it is done outside of court. Both sides have the right to conduct discovery such as propounding interrogatories, requesting document production, and taking depositions. Then both sides attempt to agree on a neutral third party to act as an arbitrator. If both sides can not agree on an arbitrator, they can file a petition with the court, which in turn will select the arbitrator. Regardless of the arbitrators ruling, their decision is binding on the parties up to the limits of the insurance coverage.
5
How Can A Personal Injury Attorney Help
Dealing with insurance companies can be an aggravating and a daunting task. Knowing the law and required documentation can have a great influence on the final results. Furthermore, purchasing adequate first party coverage can be the difference between being fairly compensated for injuries or being left with substantial unpaid medical bills, no compensation for lost earnings, or pain and suffering. If you or someone you know have been injured by someone who is Uninsured or Under-insured the guidance of an experienced personal injury attorney is crucial to a successful resolution of your claim.

NORTH COUNTY TIMES Reporters Morgan Cook and Sarah Gordon reported that 61-year-old Roger Minx of Escondido was killed as a result of a car accident that occurred on September 10, 2010 while crossing the street in his wheelchair. The fatal auto accident happened around 7:30 p.m. as Minx was struck by an unnamed motorist while crossing East Valley Parkway at Fig Street. Minx was taken to Palomar Medical Center with multiple injuries and internal bleeding. He died in the intensive care unit on Saturday according to the medical examiner's office.

Our condolences go out to the Minx Family and friends.

Applicable California Law

California Vehicle Code 21950 requires that a motorist yield the right of way to a pedestrian crossing the street. However, the code also requires the pedestrian to exercise caution for his or her own safety. There are no facts to indicate that Minx did not use due care, which contributed to his injuries. Thus, Minx's heirs would have a wrongful death claim against the driver and owner of the vehicle that hit him. In addition, the personal representative of his estate could pursue a "Survivor Action" for any damages not provided for by California's Wrongful Death statute. If the driver or owner of the car does not have adequate insurance coverage, the heirs could pursue an underinsured motorist claim if Mr. Minx or a family member of his household has coverage, which is more than the total of all available policy limits for the driver or owner. The fact that Minx was a pedestrian at the time of the accident, would not preclude his heirs from pursuing a claim under his policy.

Crossing the street even under normal circumstances can be hazardous. Auto accidents and truck accidents involving pedestrians are usually caused by inattention by one, or both parties involved, and can result in serious injuries or death. Having accurate and in depth information from an experienced personal injury attorney can be very comforting to the survivors of a tragic accident.