San Diego Personal Injury Attorney Blog

San Diego 6 News reported two motorists were injured Wednesday night in a head-on collision in the Clairemont Mesa West area. The accident, which was reported at 7:56 p.m. in the 3400 block of Boyd Avenue, involved an Acura Integra and a Toyota Corolla.

According to news reports, the 18-year-old driver of the Acura Integra going southbound attempted to pass another vehicle, and struck a northbound Toyota Corolla head-on. Both the driver of the Integra and the 67-year-old driver of the Corolla reportedly suffered broken femurs. Both drivers also had a passenger with them, and the passengers suffered minor injuries. Police do not believe alcohol was a factor in the collision.

Personal Injury Liability Issues

If news reports are accurate, it appears that the driver of the Acura caused this crash by making an unsafe passing attempt. If this is true and he is determined to have caused the July 28th head-on collision, he may be liable for the injuries of the two occupants of the Toyota Corolla, as well as the injuries of his own passenger. While this crash is under investigation, the victims would be well-advised to contact an experienced San Diego personal injury lawyer about this accident, and their rights to compensation in a personal injury claim. Damages awarded for injuries may include money for medical expenses and related care costs, lost earnings or wages, and pain and suffering.

Continue reading "Head-on Crash on Boyd Avenue Injures Two People " »

A 56-year-old nursery worker died Tuesday morning when he got caught in a moving conveyor belt on a composting machine at Evergreen Nursery, Oceanside Police reported in a press release. The victim, Manuel Moreno, of Valley Center, was an employee of the nursery for 20 years. Police responded to the accident at 9:01 a.m. Moreno is believed to have died sometime between 8:15 a.m. and 8:58 a.m. Police believe Moreno somehow got his arm caught on the conveyor belt of the machine and wrapped around the wheel on which the belt turned.

Cause of the Industrial Accident

The California Division of the Occupational Safety and Health Administration is investigating the cause of the accident. Based on the news reports, it is not clear how Moreno became caught in the composter. Investigators will surely look at factors such as what was Moreno doing at the time of the accident, whether the composter malfunctioned in some way or was defective.

Industrial Accident Liability and "Third Party Claims"

It is likely that Manuel Moreno's family will be able to recover California Worker's Compenation benefits for their loss. However, because of the limitations of these benefits, they would be well-advised to contact an attorney about a possible "third party claim," which may be filed against a responsible party other than the victim's employer. If the composter was negligently maintained, or if it malfunctioned due to the way it was manufactured, the maintenance company or the manufacturer could be held liable for Moreno's wrongful death. An experienced California workplace injury lawyer would be able to review the facts of this accident and advise the victim's family of their legal rights in a possible wrongful death claim to compensate them for the unexpected and heartbreaking loss.

Continue reading "Valley Center Man Killed in Accident at Evergreen Nursery in Oceanside" »

In personal injury news, a San Mateo County jury has ordered Caltrans to pay $12.2 million to a teen who remains in a coma after being struck by a car in Millbrae on March 28, 2006, the San Mateo Daily Journal reported last week. Emily Liou was 17 when she was struck by a Toyota on El Camino Real more than fours ago. She suffered a traumatic brain injury and remains in a permanent vegetative state.

At trial, Liou's attorney argued that the crosswalk where the accident occurred was dangerous because it sits on a rise where it is hard for or drivers to spot pedestrians. In the 15 years leading up to Liou's 2006 accident, three other pedestrians were killed in the same crosswalk. The jury found the driver 30% responsible, Caltrans 40% responsible and the victim 20% responsible.

Continue reading "Driver, Caltrans to Pay $12 Million to Pedestrian Injured in 2006 Accident in San Mateo County" »

A five-year-old boy was seriously injured in Alpine Tuesday afternoon in an apparent hit-and-run accident, San Diego 6 News and East County Magazine reported July 13th. The incident was reported shortly after 5 p.m., in the 2100 block of Alpine Glen Place in the Japatul Valley area.

According to news reports, the young boy, who was not identified, was pinned between a vehicle and a block wall. The boy, who was breathing and conscious but may have suffered broken bones, was airlifted to a hospital. The suspect fled the scene. Authorities were able to get an ID on the car that struck the boy, and the vehicle was registered to a local owner, identified as only a white male adult. Law enforcement went to his home, but he could not immediately be located.

Duty to Stop at Scene of Accident

It is absolutely horrifying to imagine that a grown adult would flee the scene of an accident, and leave an innocent young little boy suffering, as it appears was the case here. Regardless of how an accident occurs, leaving the scene of an accident is against the law, not to mention morally reprehensible. Under the California Vehicle Code § 2001 (a) "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident." When the driver is located, he will likely face criminal charges for fleeing the scene of the accident.

Liability for Personal Injuries

When the driver is located, in addition to criminal charges, he may be financially liable for the injuries of the boy in a personal injury claim. While this accident is under investigation, the parents of the victim would be well-advised to contact a San Diego pedestrian accident attorney about this accident and the legal issues stemming from this accident. A skilled lawyer can help the family obtain compensation for the boy's injuries and pain and suffering as a result of this accident. In the event the driver is not located or if the driver is located and uninsured, an attorney may be able to help the family obtain compensation from their own motor vehicle insurance policy, if they had one.

Continue reading "Five-Year-Old Boy Injured in Alpine Hit-and-Run Pedestrian Accident " »

A 54-year-old Yuma woman died Saturday morning in a rollover accident on Interstate 8 near Jacumba, authorities reported. The woman, identified by the San Diego County Medical Examiner's Office as Martha Lidia Jimenez, was the sole occupant of a 2006 Nissan Sentra travelling westbound on Interstate 8.

At approximately 6:50 a.m., for reasons still under investigation, Jimenez's vehicle went off the side of the freeway between the eastbound and westbound lanes, and down onto Carrizo Gorge Road Underpass, where it was struck by a Ford F-150. The six occupants inside the Ford Truck were not hurt. Jimenez suffered massive head injuries and died at the scene of the crash.

Cause of the Interstate 8 Crash

The California Highway Patrol is still investigating the cause of the July 10th crash. Based on the limited information provided by news media, it is not clear exactly what happened. Did something malfunction in the Nissan or did Jimenez swerve to avoid an object in the road? It is possible that she fell asleep or was impaired. During their investigation into the cause of the collision, the CHP will look at all possible causes and contributing factors.

Potential Wrongful Death Liability

Whenever someone loses control of a vehicle for unknown reasons, resulting in a fatality, there are many questions surrounding the immediate events leading up to the accident. Family members understandably want answers and understanding as to what happened, and whether or not someone else was responsible. If a defect in the vehicle or the roadway caused or contributed to Jimenez's accident or death, the family may be entitled to justice for their loss in a civil claim for wrongful death. While this accident is under investigation, the family may benefit from speaking with an experienced San Diego wrongful death attorney about this accident and the potential wrongful death liability issues as a result of it.

Continue reading "Yuma Woman Killed in Interstate 8 Rollover Accident Near Jacumba " »

A 52-year-old San Marcos man died early Saturday when he was struck by a car while walking in the westbound lanes of Highway 78, the North County Times reported. The victim was identified by the San Diego County Medical Examiner's Office as Mark Allen Dale, 52, of San Marcos.

According to news reports, CHP officers came across the victim's body lying in westbound traffic lanes at 2:48 a.m. near Vista Village Drive. It was not known what time he was struck. CHP officers discovered Dale's silver Mercury Cougar on the right shoulder of the eastbound SR 78 traffic lanes at the Escondido Avenue exit just east of Vista Village Drive. It was not clear why Dale was attempting to cross the highway. The driver that struck him fled the scene.

Based on the evidence and debris at the scene, officers believe that the vehicle that struck Dale was a 2005 or 2006 Ford Expedition XL or XLT. There was likely major damage to the front of the vehicle. Authorities said there were apparently no witnesses to the accident. Anyone with information about this accident or the driver who fled the scene is asked to contact Officer Mike Bush at (760) 757-1677.

Cause of the Accident

The CHP is continuing to investigate and search for the driver. Walking across the freeway in the middle of the night is clearly dangerous and it is possible that in doing so, the pedestrian contributed to the accident. However, no matter what happened, there is absolutely no excuse for the driver fleeing the scene of the accident. It is possible that the driver involved in this July 10th accident could have helped save Mark Allen Dale if he or she had stopped immediately afterward. The Medical Examiner's press release stated that charges will be pending against the driver or drivers involved in the accident.

Wrongful Death Liability

Along with the heartbreak and devastation of the loss of a family member, families may also face financial challenges after a sudden loss. In hit-and-run fatality accidents, in addition to criminal charges for hit-and-run, the driver involved in this accident, if he or she is located, may be liable for the wrongful death of the victim. In the event the driver is not located, the family may be entitled to compensation for their loss from the victim's own auto insurance policy, if he had one.

Damages awarded in a wrongful death claim may include compensation for future anticipated earnings and benefits of the decedent, funeral and burial expenses, and loss of love, care and companionship. While this accident remains under investigation, the family members of the victim would likely benefit from speaking to a San Diego wrongful death attorney about this fatal Highway 78 pedestrian accident and the unique legal issues involved. A skilled lawyer who has represented families of victims of fatal hit-and-run crashes on highways can advise the victim's family of their legal rights, options and responsibilities and best course of action should they wish to pursue a wrongful death claim.

Continue reading "San Marcos Man Killed in Hit-and-Run on Highway 78 " »

A drunk driver who caused a fatal accident on December 13th on North Torrey Pines Road has been sentenced to six years in state prison, the San Diego Union Tribune reported. In March, Michael Patrick Landri, 31, of Carmel Valley, pleaded guilty to gross vehicular manslaughter while intoxicated.

Landri had been going home from a holiday Christmas Party when he rear-ended a stopped Volkswagen Passat at high speeds on December 13th. The impact ruptured the gas tank on the Passat and both vehicles burst into flames immediately following the collision. A passerby pulled Landri out of his Infiniti, but the victim, 33-year-old Jared Franklin Purton, suffered burns on more than 80 percent of his body and died at the scene of the crash.

Experts believed that Landri had been traveling between 88 and 109 mph at the time of the collision. The posted speed limit was 45 mph. Landri's blood-alcohol was measured at double the legal limit following the fatal crash.

After emotional family member victim impact statements, Judge Eugenia Eyherabide sentenced Landri to the midterm prison sentence available, taking into consideration his lack of a criminal record, his efforts to seek alcohol abuse treatment and his remorse.

Continue reading "Drunk Driver Sentenced to Six Years in Prison For Fatal Torrey Pines Accident " »

A 2-year-old girl sadly died Thursday after a 32-inch television fell on top of her in Oceanside, the North County Times reported. The young girl was at the home of a relative when a television that was on a narrow table or bar stool topped onto her at about 2 p.m. The child was rushed to Tri-City Medical Center, where she died at 2:44 p.m. The girl's mother was reportedly at the home at the time of the accident.

Police are investigating the incident but believe it to be a tragic accident. This accident is a heartbreaking loss for this family, whose lives are forever changed as a result. Please keep this young girl's family in your prayers.

Falling TV Injuries

The U.S. Consumer Product Safety Commission estimates that as many as 10,000 children are treated in emergency rooms each year due to furniture and television "tip-over" accidents. In December 2007, Rady Children's Hospital issued a warning to parents about the dangers of children being injured by falling televisions and furniture, after 15 San Diego County children in as many months visited the hospital's emergency unit after being injured by falling TVs (see 10 News story "Hospital Warns Parents Of Falling TV Dangers After Child's Death"). Two children died in September 2008 by falling television sets, prompting Rady Children's Hospital again to warn parents of the potential dangers of falling televisions (see San Diego 6 story "Tipping TV Sets and Furniture Put Infants at Risk")

Preventing Television "Tip-Over" Accidents

Parents can prevent accidents by using a brace to secure furniture to the wall, or an appliance strip to secure a television to a wall. TV stands should be cleared of any items that children might try to climb to reach, such as DVDS, books, or toys. Children should never be allowed unsupervised in areas of the home where potential hazards are located. When children are injured due to negligent supervision of babysitters, day care providers or paid caregivers, negligent caregivers may be liable for a child's injuries or death.

Continue reading "Toddler Killed by Falling Television in Oceanside " »

Three people were taken to El Centro Regional Medical Center following a two-vehicle accident Saturday afternoon in El Centro, KXO Radio reported. The Imperial County crash occurred at the intersection of S Imperial Avenue and Vine Street, shortly after 4:30 p.m on July 3rd.

According to news reports, an elderly driver in a Ford Fusion waiting to turn onto Imperial Avenue from Vine Street allegedly pulled into the path of a Honda Accord travelling southbound on Imperial Avenue. The collision sent the Honda Accord, occupied by two Los Angeles women, about 222 feet south of the intersection, where it came to rest against a tree in the yard of a nearby home.

The driver of the southbound vehicle had to be extricated by El Centro firefighters. The passenger in her vehicle suffered a broken arm and other injuries. The elderly driver of the Ford Fusion, an El Centro woman in her early 80's, was also hurt. The intersection was closed for more than an hour while authorities investigated the cause of the crash. The Imperial Valley Press reported that no skid marks were found at the crash scene.

Cause of the Crash

If news reports are accurate, police believe the driver of the Ford Fusion caused this accident. However, El Centro Police are still investigating exactly what happened.

Car Accident Personal Injury Liability Considerations

If it is determined that the driver of the Ford Fusion caused this July 3rd El Centro car accident, she may be liable for the injuries of the two Los Angeles women in the Honda Accord. In cases such as this one, the victims of this crash or their families would likely benefit from contacting an experienced California personal injury attorney as soon as possible. A lawyer can help them protect their legal rights and seek compensation for their medical expenses, any lost earnings, emotional pain and suffering, and other accident related expenses. In the event that the at-fault driver is uninsured or underinsured, an attorney may also advise victims how to seek compensation from their own auto insurance policy, if they had one.

Continue reading "Three Injured in El Centro Intersection Crash " »

Three people were taken to area hospitals after a intersection accident just before 11 p.m. Friday in Rancho Penasquitos, San Diego police reported. The accident occurred at the intersection of Park Village Road and Ragweed Street. According to news reports, the suspected drunken driver, a man in his 20's, was driving a silver sedan that ran a red light and collided with a black car at the intersection. It was not clear what direction the vehicles were traveling.

The suspected drunken driver and a 24-year-old female passenger in his vehicle both suffered serious injuries. The 20-year-old man driving the black car was also injured; all three were taken to area hospitals.

Cause of the Rancho Penasquitos Accident

San Diego Police said the driver who ran the red light was driving under the influence of alcohol. If news reports are accurate, he is responsible for causing this DUI collision, and the injuries it resulted in.

DUI Accident Personal Injury Liability

In addition to criminal charges the suspected drunken driver is facing, he may also be civilly liable and financially responsible for the injuries of his passenger and the driver of the black car. While this accident remains under investigation, the victims of this accident would be well-advised to talk to a San Diego auto accident lawyer about their legal rights. Compensation available in a personal injury claim can include monetary damages for medical expenses, lost earnings related to an accident, emotional pain and suffering, and other accident-related expenses. An experienced lawyer can help the victims understand and protect their legal rights and obtain the maximum financial compensation they may be entitled to for their injuries.

Continue reading "Three Injured after Suspected DUI Driver Runs Light in Rancho Penasquitos " »

A 32-year-old Cardiff-by-the-sea woman tragically died Thursday night in an SUV rollover accident on Interstate 5, the San Diego Union Tribune reported. The July 1st accident was reported at 11:28 p.m. on northbound Interstate 5 near Gilman Drive, according to a press release issued by the San Diego County Medical Examiner's office.

The victim, identified by the San Diego County Medical Examiner as Saba Shirazi, was the driver and sole occupant of a black 1997 Infiniti QX4 sport utility vehicle. For reasons still under investigation, Shirazi lost control of her vehicle and struck the center median of Interstate 5. Her SUV then crossed back into northbound traffic, where it was struck by a white 2005 Ford Focus. Shirazi died of her injuries at the scene. The 58-year-old female driver of the Ford suffered a broken leg and other serious injuries, but was expected to survive, the CHP said.

Cause of the Interstate 5 Rollover Crash

Without additional information, it is impossible to determine why this horrific I-5 accident occurred, and who was at fault. If the driver of the Infiniti lost control of her vehicle due to a mechanical design defect or a defective tire that caused a blowout, the manufacturer of the Infiniti could be liable and financially responsible for this accident, and possibly the injuries to the driver of the Ford Focus as well. On the other hand, it is possible that the driver of the Infiniti or the Ford Focus contributed to the collision. In the course of their investigation, the California Highway Patrol will certainly look at issues such as speed, potential alcohol intoxication, vehicle malfunction, dangerous road condition, and other possible causes.

Wrongful Death and Personal Injury Liability Considerations

Mutl-vehicle accidents on freeways have unique legal issues. While this accident is still under investigation by law enforcement, the family members of the victims of this crash would be well-advised to talk to an experienced San Diego personal injury attorney about the legal issues involved in this incident. A skilled lawyer can look at the facts of this accident and review the accident report to help the victims understand what exactly happened and who was responsible. An attorney familiar with these types of highway accident rollover cases can also advise the victims' families of their best course of action to protect and preserve their rights going forward, and how to obtain the maximum possible compensation in a wrongful death or personal injury claim.

Continue reading "One Killed, One Seriously Injured Thursday Night in I-5 Rollover Crash Near Gilman Drive " »

A man suffered head trauma and a broken femur when he was struck by a car on Friday, June 25th in downtown San Diego, the San Diego Union Tribune reported. The pedestrian accident occurred about 1:30 p.m. in the Cortez area. According to news reports, a man, who was not identified, was crossing the street when he was hit by a 2000 Toyota 4Runner making a left turn from northbound 2nd Avenue onto Beech Street. The man was taken to a hospital with serious but non-life-threatening injuries.

Cause of the Pedestrian Accident

Police are investigating the incident and reported that alcohol was not believed to be a factor. Police will no doubt look at many factors in determining the cause of the accident, including whether the driver of the 4Runner made a full stop at the intersection and whether she was distracted or otherwise driving negligently.

Pedestrian Accident Injury Liability

While this accident remains under investigation, the family members of the victim would be well-advised to speak with a San Diego pedestrian accident lawyer who can help the victim protect his legal rights following this accident. If the driver of the vehicle is determined to have caused this accident, the victim may be entitled to compensation for his injuries, including monetary damages for medical expenses, lost earnings, pain and suffering and other accident-related expenses.

Continue reading "Pedestrian Struck by Car at 2nd Avenue and Beech Street" »

A Lakeside man was tragically killed early Tuesday morning in an accident on southbound Interstate 15 between Felicita Road and Via Rancho Parkway in Escondido, the San Diego County Medical Examiner's Office reported. The accident occurred at about 12:35 a.m. Tuesday, June 15th. The California Highway Patrol reported that some unsecured items, including a barbecue grill and what appeared to be a piece of wooden furniture, fell off a vehicle, and the motorcycle struck it. The driver of the motorcycle, David Ronald Jensen, 49, of Lakeside, and his wife were both thrown from the bike. According to San Diego 6 News, both were able to get up after the crash. However, Jensen was struck by a passing Toyota Prius moments later and killed. Jensen's wife was taken to Palomar Medical Center with non-life-threatening injuries.

Road Debris Accident Statistics

According to the AAA Foundation for Traffic Safety, vehicle parts, cargo, or other material that has been unintentionally discharged from vehicles onto the roadway is estimated to cause over 25,000 crashes per year in North America resulting in approximately 80-90 fatalities. The most common forms of vehicle-related road debris include tire treads, garbage from waste haulers, and lumber and construction materials. Particularly for motorcyclists, road debris is a serious safety concern.

Continue reading "Lakeside Man Killed, Wife Injured in Interstate 15 Motorcycle Accident in Escondido " »

In personal injury news, the parents of a 22-year-old woman who died in a crash last year in Florida have filed a wrongful death lawsuit against a Collier schoolteacher, alleging she was speeding and intoxicated when she struck the SUV their daughter was riding in November 13, 2009.

The victim, Bree Kelly, was a front seat passenger in a 2001 Ford Explorer SportTrac SUV that was struck from behind by an Infiniti G35 driven by Andrea Kidder, 28, on eastbound Interstate 75 in Florida. The Ford Explorer rolled multiple times and Kelly was ejected. She died less than 12 hours after the crash. The driver of the SUV, Nicholas P. Mason, suffered minor injuries. Kidder was not hurt.

The Florida Highway Patrol is still investigating the accident and no charges or tickets have been filed, pending the results of blood-alcohol-content analysis, which should be completed within 8-10 weeks. According to the Naples News, the wrongful death lawsuit alleges that Kidder, while driving intoxicated, negligently drove her car into the rear of the SUV, causing it to veer off the highway and eject Kelly. The suit seeks damages for Kelly's family for past and future medical expenses, lost future income that Kelly would have earned, funeral expenses, and other damages.

Continue reading "Wrongful Death Suit Filed Against Florida Teacher After Fatal Crash " »

A 22-year-old woman suffered a double skull fracture Sunday night after she was struck from behind by a bicyclist while walking her dog, police reported. The woman, who was not identified, was walking her dog east on Carmel Valley Road near Caminito Del Barco in Del Mar when she was knocked down by a cyclist around 9:00 p.m. She was able to get up and walk to her home, but later when to a hospital, where she was diagnosed with a skull fracture and head injury. Police were then called to the hospital, and began their investigation. No description of the cyclist was immediately available.

Hit and Run Accidents involving Cyclists

Cyclists have the same obligation as drivers of motor vehicles to stop at the scene of any accident resulting in injury. Regardless of who was at fault or responsible, the cyclist had a duty to stop. Under California Vehicle Code § 20001, "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident..." In this case, for leaving the scene of the accident, the cyclist may face the same legal sanctions for this accident as the driver of an automobile would have.

Continue reading "Pedestrian Struck by Hit-and-Run Cyclist in Del Mar " »