East County Magazine reported that Carlos Martinez a resident of Escondido was seriously injured and sustained internal and head injuries as a result of being ejected from his vehicle. The auto accident happened at around 5 a. m. on January 15, 2011. San Diego Sheriff’s office reported that Martinez, had been driving northbound on San Elijo Road in San Marcos, when he hit the center median, causing his GMC Envoy to roll over. As a result, Martinez was ejected from the vehicle sustaining serious injuries and was transported to Palomar Medical Center.
Applicable California Law
Martinez will have potential products liability claims for personal injury against General Motors Corporation and the dealer where he purchased the vehicle. Products Liability claims are based on various legal theories including negligence, strict liability, or breach of warranty of fitness. They can arise out of design defects, manufacturing defects, or marketing defects such as inadequate/failure to warn off dangers. All parties in the chain of distribution from the manufacturer to distributors, to name a few, can be held liable. Under these circumstances, a thorough investigation of the accident, including a scene investigation by an accident reconstruction/ human factors expert and other experts , would be necessary to evaluate the merits of any claims. Furthermore, it is not clear why Martinez’s vehicle drifted into the center divider, or if he was wearing his seat belt at the time of the accident. If his conduct contributed to causing his own injuries, any claims he pursues will be reduced proportionately.
Under usual circumstances, If proper safety equipment is being used, the occupants of a vehicle should not be ejected in an accident, which causes the vehicle to rollover. Products Liability claims resulting from auto accidents, motorcycle accidents or truck accidents generally cause serious brain injuries, spine injuries, or internal injuries that can be fatal and or leave injured victims with lifelong residual consequences. Talking to an experienced personal injury attorney and making sure that a proper investigation is promptly conducted to preserve any evidence, is critical to proving your case.