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.