Articles Posted in Hit-And-Run

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San-Diego-Accident-Lawyers.jpgSan 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).

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images.jpgSan 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

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untitledSan 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

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imagesCAN49RDKSan Diego News 10 reported that 18-year-old Miguel Rojas of Escondido was fatally injured in a hit-and-run accident on July 3, 2011. The auto accident occurred at around 2 a.m. when Miguel was leaving his aunt’s house Sunday morning. As he turned left onto Washington Avenue his Dodge Caravan was hit by a 1995 Lexus traveling east on Washington, and burst into flames causing his tragic death. The driver of the Lexus 20-year-old Juan Carrillo, also of Escondido, fled the scene but was later arrested and charged with felony hit-and-run and driving without a license according to Escondido police officer Scott Walters. An unnamed passenger in the Lexus was also injured and taken to a local hospital.

Our condolences go out to Miguel’s son, other family members and friends.

Applicable California law

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accidentSan 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

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THE COAST NEWS Wehtahene Tucker reported that John Miksa , 55, a Carlsbad resident, along with professional rider Roy Southerland, several of his care givers from Scripps Hospitals at Encinitas and La Jolla, and others went on a 15-mile bike ride between both of the hospitals on August 27, 2010. Only one year earlier, on August 21, 2009, John was struck near Pacific and Cassidy in Oceanside by a distracted driver. The auto accident resulted in John suffering a shattered ankle, and spinal injuries , leaving him paralyzed from his neck down.  He was quoted after the accident as saying “I could feel some pain, but mostly I realized I couldn’t move, my body was still.”

John defying all odds and after only being given a 1% chance of recovery by his neurosurgeon, Scott Leery, he made a miraculous comeback. John was determined to recover fully from his injuries, and said “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 at first,  he did so with the aid of parallel bars. He 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, when John and his wife were told that their daughter and son-in-law were going to have a baby. “It was an amazing day to say the least,” John 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 watching motorists for the nine months he was not allowed to drive, he said he had the opportunity to observe 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.

A leisurely weekend bike ride results in a tragic accident. Auto accidents, truck accidents, which cause bicycle accidents can result in catastrophic injuries.  However, with a positive attitude, the will to work hard and the help of an experienced personal injury attorney  one can overcome even the greatest challenges.