Articles Posted in Wrongful Death

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When you lose a beloved member of your family because of someone else’s mistake or negligence, you need a compassionate wrongful death attorney who is committed to helping your family while you deal with the burden of your grief.

Look for an attorney with:

  • Experience: Your attorney should have experience with wrongful death cases. These cases have their own set of challenges, approaches and solutions, and your attorney should be adept in seeing this type of case through to the end, hopefully with the outcome you want.
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The loss of a loved one is one of the most difficult things you can be forced to endure. When you lose a loved one due to wrongful death, the emotions can be overwhelming, leaving you unsure of where to turn for help.

The last thing on your mind when you lose a loved one might be a lawsuit. However, there are practical considerations to take into account. The cost of medical and end of life expenses, the loss of income, and the loss of future financial contributions all need to be considered. Just as importantly, your emotional losses need to be accounted for.

A settlement with an insurance company may result in some compensation, but it will always fail to fully cover the extent of your loss. There is no way to put a price on your loved one’s life, but an experienced wrongful death attorney can help you receive appropriate compensation to start getting on with yours.

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Texting and driving is all too often a deadly combination.

If you were injured or a family member was killed in a car accident that may have been caused by a distracted driver, the Oceanside attorneys at The Rubinstein Law Group may be able to help you pursue the financial compensation you need and justice you deserve. We are proud to serve as advocates for car accident victims and their families from the greater San Diego area.

In 2010, more than 3,000 people were killed in car accidents in which distracted driving played a role. Many of these were related to the use of cell phones and other hand-held devices.

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JG_Crash321561xx001_1_t620.jpgSan Diego Union Tribune’s Debbie Baker and Susan Shroder reported that several members of a family were injured, one fatally in a car accident on April 25, 2012. The tragic auto accident happened at around 6:30 a.m. on Interstate 805 in Sorrento Valley as the Thomas family was on their way to Disneyland. According to CHP Officer Art Athans, an unnamed woman driving a Nissan Altima stated that the driver of a Honda sedan cut her off and as she swerved to avoid it, she hit the Thomas’ Toyota Rav4 causing it to roll several times and come to rest hanging 30 feet above a Caltrans work site.

The Rav4 driver, 43-year-old Brian Thomas sustained multiple cuts, bruises and broken ribs. His wife Rebecca, 42, who was sitting in the front seat, was also injured. Their 22-year-old daughter Daniesha and 8-year-old son, who were in the back seat, received multiple injuries including cuts and bruises. However, their 66-year-old grandmother suffered a major traumatic brain injury. The family was rescued by construction workers and taken to a local hospital, where the grandmother later died from her injuries.

Our sympathy goes out to the Thomas family for their loss.

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imagesCA2OGV07.jpgNorth County Times Teri Figueroa reported that an Escondido man and his passenger were fatally injured on April 15, 2012. The auto accident happened at around 10:30 a.m. on Highway 395 at Lilac Road in Bonsall. According to CHP officer Jim Bettencourt, the 68-year-old Escondido man driving a 1996 Honda Accord eastbound on Lilac pulled in front of a 2003 Ford Explorer heading north on Highway 395. The man was killed instantly and his female passenger was transported to Palomar Medical Center where she later died from her injuries. The 36-year-old driver of the Ford SUV and her 6-year-old daughter sustained injuries and were also transported to the hospital.

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

The Escondido man’s estate will be liable for claims due to his violation of California Vehicle Code 21802, which requires the driver of a vehicle stopped at a stop sign to yield the right-of way to any vehicle approaching from another highway that is close enough to constitute an immediate hazard. Thus, by failing to yield, his estate will face claims for the property damage to the SUV as well as the personal injuries to the driver and her daughter. These would include repair or replacement of the damaged SUV and any loss of use of said vehicle. Present and future medical costs, lost earnings and earning capacity as well as compensation for pain and suffering. There are no facts indicating that any of the injured contributed to causing their own injuries, which could reduce their claims.

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imagesCA03X21X.jpgSan Diego Union Tribune’s Jen Kuhney reported that a 25-year-old Marine stationed at Camp Pendleton was fatally injured in a auto accident around 1 a.m. on March 17, 2010. The unnamed Marine was a passenger in a 2005 Ford Mustang traveling north on Coast Highway near Michigan Street when the driver lost control of the vehicle and ran into a palm tree causing it to collapse on the vehicle. Both the driver and the Marine were taken to a local hospital where the Marine died from his injuries later that morning.

Our sympathy goes out to the family and friends of the Marine

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imagesCA0741PV.jpgNorth County Times Brandon Lowery reported that 57-year-old Dennis Williams of Carlsbad was fatally injured in an auto accident in Ramona while riding his motorcycle on March 4, 2012. The motorcycle accident happened around 12:30 p.m.. Williams was riding northbound on Highland Valley Road and was struck by a Honda Civic, which hit a Toyota Prius traveling southbound before hitting Williams and ejecting him from his bike. While rescue crews were in the process of airlifting him to a hospital he died from his injuries.

Our sympathy goes out to the Williams family and friends.

Applicable California Law

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drunkdriving_2.jpgSan Diego News 6 Mike Wille reported that 21-year-old Ashley Maya was arrested for allegedly driving under the influence and causing a fatal auto accident on February 12, 2012. According to the CHP, Maya was drunk and driving at a high rate of speed. As she attempted to merge from Highway 163 to Interstate 8, she overturned her vehicle, ejecting two of the three passengers, one of whom died at the scene. The two other passengers were injured and transported to a local hospital. Police arrested her on suspicion of gross vehicular manslaughter while intoxicated.

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

Applicable California Law

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Motorcycle-accident2-300.jpgSan Diego News 10 reported that an unnamed 21-year-old man was seriously injured when his motorcycle collided with an automobile on January 31, 2012. According to San Diego police Officer Dino Delimitros, the auto accident happened in the Barrio Logan area at around 5p.m. when the motorcyclist who was eastbound on Main Street, struck a Chevrolet Monte Carlo, which was traveling westbound and was turning left onto Vesta Street. The rider was seriously injured having sustained multiple injuries including a broken femur and clavicle and was transported to a local hospital for treatment. The incident is still under investigation by SDPD Traffic Division.

Applicable California Law

At first blush it would seem that the driver of the Monte Carlo is at fault for violation of Vehicle Code 2181(a), which requires the driver of a vehicle who is turning left to yield the right-of-way to all vehicles approaching from the opposite direction and are close enough to constitute a hazard during the turning movement. However, drivers also must exercise due care when approaching the turning vehicle. Since the intersection in question is controlled by a traffic light, the color of the light for each respective driver will be crucial in determining who is at fault as well as the speed of each vehicle. Once liability is determined, the driver and owner of the car will be responsible for the victim’s property damage and personal injuries proportionate to their respective fault.

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San Diego News 8 reported that five victims were fatally injured as a result of a hit-and-run auto accident on Saturday afternoon, November 13, 2010.  Four motorcyclists as well as a passenger in another vehicle were killed and six others were seriously injured. The accident happened on Route 98 at around 1:00 p. m, on a remote desert two-lane highway in Ocotillo. The riders were members of a Lakeside motorcycle club  who were on their way to celebrate their 10th anniversary  in Yuma Arizona. Carlos Bobadilla,  driving a Dodge Avenger swerved to avoid hitting a Honda Civic, whose driver was attempting to pass the group of riders. Bobadilla lost control of his vehicle, and drove his vehicle into the group of riders. Four of the motorcycle group members were killed as well as the owner of the Avenger.  Six others were injured including  Bobadilla who was taken to a hospital for treatment of hand fractures. The driver of the Honda, did not stop and left the scene. Bobadilla who allegedly was driving under the influence was later arrested . According to CHP officer  DeeAnn Goudie  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 deepest sympathy goes out to the friends and families of those who lost their lives.

 

Applicable California Law