San Diego Personal Injury Attorney Blog

A 56-year-old woman suffered serious injuries to her face and leg Thursday late Thursday evening after she was struck by a hit-and-run driver in Mount Hope, San Diego police reported. The pedestrian accident occurred just before 11 p.m. Thursday February 25th. According to news reports of the accident, the woman was struck while walking across Market Street at 42nd street.

The driver of the vehicle that struck the pedestrian, a 76-year-old man, is believed to have run a red light. He sped away from the accident but was located and arrested later in Santee. Authorities did not immediately release the driver's name.

We hope the woman injured in this San Diego pedestrian accident makes a full and quick recovery from her injuries. If the news reports of this accident are accurate, the injured pedestrian was not at fault for this accident. She and her family would be well-advised to contact a San Diego pedestrian accident attorney who can help her protect her rights and obtain compensation for her medical expenses, lost earnings, and emotional pain and suffering suffered in this hit-and run crash.

Continue reading "Woman Injured in Hit-and Run Pedestrian Accident in Mount Hope" »

A 65-year-old San Diego woman died Tuesday morning after a crash on Interstate 5 in the East Village area, the California Highway Patrol reported. The accident occurred when the woman's 2000 Chevy Blazer was clipped by a taxi cab, and the impact caused the SUV to skid out of control and overturn several times. The driver and sole occupant of the Blazer, Phyllis Lorraine Kirk of San Diego, died before she could be taken to the hospital.

The accident occurred on southbound Interstate 5, near B Street, at 7:46 a.m., the San Diego County Medical Examiner's Office reported. According to reports in the San Diego Union Tribune, the driver of the cab, Andai Ogbagebri, 47, of San Diego, moved from the No. 2 lane to the No. 4 lane, clipping the left rear of the SUV. Ogbabebri was not hurt in the crash.

Our sympathy goes out to the family of Phyllis Kirk as they grieve her sudden and unexpected loss in this terrible accident. Please keep her family in your prayers.

If the news reports of this accident are accurate, Kirk is not at fault for this crash. While the CHP is still investigating the cause of the incident, Kirk's family would be well-advised to speak with an experienced San Diego personal injury attorney who has successfully handled SUV rollover accidents. The family may be entitled to recover compensation for their loss from the taxi driver, the taxi cab company, and any other party that contributed to the accident. An attorney can help the family protect their rights and help hold the responsible parties accountable for their negligent actions.

Continue reading "San Diego Woman Killed in I-5 Rollover Crash " »

If you have been injured in an accident in an off highway vehicle (OHV), choosing an attorney with experience in off road riding accident cases can make a big difference in the outcome of your case. Whether your accident involved an all terrain vehicle (ATV), side-by-side or utility terrain vehicle (UTV), a dirt bike motorcycle, a snowmobile, sand rail, dune buggy, rock crawler or other recreational vehicle, if the accident was caused by another person's negligent actions, or a defect in the manufacturing or design of the vehicle, you may be entitled to compensation for your injuries. The attorneys at Estey & Bomberger have handled numerous accidents involving off highway vehicles and are familiar with the unique challenges these cases present.

The Complex Nature of OHV Accidents

Off road vehicle accidents are very different than accidents on paved streets and roads. Factors of trail construction and maintenance, level of rider skill, rider technique, and physics all come into play. Determining what caused an accident, and how a particular vehicle contributed to a victim's injuries can be complicated. An attorney can determine if design or manufacturing defect caused or contributed to an accident. If a manufacturer's negligence is the cause of an accident, you may be entitled to compensation from the vehicle's manufacturer.

What to Do After an Accident

Your first priority after any off road vehicle accident should be seeking prompt medical attention. This is important both for your physical recovery and documenting your injuries in the accident. Next, collect information about the accident. Have someone write down the exact location of the accident, any witnesses, and the make and model of all vehicles involved. Do not make any statements to insurance companies or adjustors. Finally, protect your rights. Get an honest opinion of your case from an experienced personal injury lawyer. Keep in mind that for any injury or wrongful death lawsuit, there is a statute of limitations that limits the amount of time you have to ring a claim. Once this deadline has passed, regardless of how much merit your case has, you will not be able to bring a claim. For more information, contact an experienced San Diego OHV accident lawyer at Estey & Bomberger today.

Authorities are investigating the cause of a fatal SUV rollover accident Sunday afternoon in Lakeside. The victim, a Valley Center man who was not immediately identified, was driving on State Route 67, north of Slaughterhouse Canyon Road when, for unknown reasons, he drifted onto a soft shoulder near a call box. He overcorrected and his 1994 Jeep Cherokee rolled over. The vehicle came to rest on its wheels, but the roof of the vehicle caved in and caused massive fatal head injuries. The crash was reported at about 2:35 p.m. Sunday, February 21st, according to the San Diego Union Tribune.

SUV rollover accidents such as this one pose a significant risk to motorists. The physics of a rollover crash are different than those of other crashes. Whereas head-on collisions occur over a fraction of a second, rollover accidents occur over several seconds. The forces of a rollover accident are less severe than that of a head-on collision, and many accidents are related to the safety features of the vehicle. In this case, the driver was wearing a seat belt. If the vehicle structure had not caved in and compromised the driver's headroom, he likely would have survived.

We sympathize with the family of the man killed in this devastating accident. While the cause of the accident remains under investigation, the family may consider speaking with a San Diego SUV rollover accident attorney. Depending on the unique circumstances of the crash, if the accident resulted from a design defect in the vehicle itself, the family may be entitled to compensation from the manufacturer of the vehicle for the victim's wrongful death. An attorney can consult with experts and engineers to further the investigation and determine exactly how an accident occurred.

Continue reading "Valley Center Man Killed in SUV Rollover Accident on Highway 67 " »

Dozens of cyclists are injured each year when they are struck by cars in San Diego County. If you have been injured in a bicycle accident, you may be wondering whether or not you may be able to obtain compensation in a personal injury claim. The videos below address some of our most frequently asked questions about bicycle accidents and personal injury claims, including "Who is at fault in a bike accident," "What is the role of an attorney in a bicycle accident lawsuit?", "What is a common mistake made when it comes to bike accidents?", and "When should you contact an attorney after a bicycle accident?"

The San Diego bicycle accident lawyers at Estey & Bomberger have successfully handled numerous cycling accident cases. These cases can be complex because insurance companies will often try to shift blame for an accident onto the cyclist, even if another driver is actually at fault for the collision. Founding partner Mike Bomberger has been cycling competitively for several decades, and understands the challenges cyclist face sharing the road with negligent motorists. His experience as a cyclist brings a unique perspective to bicycle accident cases. If you have been hurt in a San Diego bicycle accident and would like more information about your legal rights, contact Estey & Bomberger at (619)312-4399. All consultations are free and without obligation.

A 35-year-old San Diego woman died early Friday morning after she was struck by a station wagon along the 4600 block of Market Street in San Diego. The woman had parked her Kia Sephia along the side of the road and was getting out of her vehicle when she was struck by the hit-and-run vehicle, which was travelling eastbound on Market Street at a "high rate of speed." The accident was reported on Market Street near 47th Street in Chollas View at about 2:17 a.m. February 19. According to San Diego County Medical Examiner, the victim was thrown across several vehicles and came to rest under the back of a Ford Truck.

The suspect vehicle was described as an older model Japanese-make station wagon that is either blue or bluish purple. Police believe the vehicle will be missing part of the front bumper, which remained at the scene. The passenger front window was also broken, and some of the red paint from the victim's car may have transferred onto the hit and run vehicle. The driver is believed to be in his 50's with white or gray curly hair. Anyone with information is urged to contact San Diego Police.

Leaving the scene of an accident resulting in injury or death is against the law, and in this situation, the driver had every obligation to stop. We hope for the sake of the victim's family that the driver will be located or will turn himself in quickly. While this accident remains under investigation, the family of the woman killed would be well-advised to speak with a San Diego wrongful death lawyer about their rights and options. An experienced attorney can possibly aid in the investigation and explain to the family how the victim's own insurance policy may apply in this situation.

Continue reading "San Diego Woman Killed in Hit and Run Accident in Chollas View " »

A Vista woman was taken to Tri-City Medical Center in Oceanside after she was struck by a pickup truck in Vista Tuesday night, authorities reported. The driver of the pickup truck, which was described as maroon or red, immediately left the scene after striking the woman. The hit-and-run pedestrian accident occurred around 6:25 p.m. at the intersection of North Santa Fe Avenue and West Indian Rock Road.

Anyone with information is asked to contact the Vista Sheriff's Department. We hope the woman injured in this crash makes a full recovery and that the driver will turn himself or herself in to authorities.

Not stopping at the scene of an accident causing injury is against the law. 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, because the woman was in fact injured, the driver had a legal obligation to stop.

While authorities search for the driver of the pickup truck and the cause of the accident remains under investigation, the victim and her family would be well-advised to consult with an experienced San Diego pedestrian injury attorney. A lawyer can help protect the victim's rights and if the driver is not located, explain how the woman's own auto insurance policy may cover her injuries.

Continue reading "Vista Pedestrian Injured in Hit-and-Run Accident " »

In auto defect news, the surviving wife and children of a Utah State University instructor killed in a fatal rollover accident in Utah have filed a wrongful death lawsuit against the manufacturer of the tires. The suit, filed Friday in U.S. District Court, seeks unspecified money damages and alleges a tire on the school van were defective, and that Cooper Tire & Rubber Co. knew the tire design was defective, but failed to fix the problem.

The fatal crash that killed nine people occurred on September 26, 2005. Evan Parker, an instructor at Utah State University, was driving 10 agricultural students back to Logan from a field trip when one of the tires blew out, causing the van to roll four times off of Interstate 84. Six people died at the scene of the crash and three died later in hospitals. Only two people survived. A suit against DaimlerChrysler Corp, the manufacturer of the 1994 Dodge Ram 3500 van, was settled in 2008.

Continue reading "Utah Family Files Suit Against Tire Manufacturer For Fatal Accident " »

On Friday, Toyota announced yet another recall due to potential safety issues with its Tacoma pickup trucks. This time, the automaker announced it is recalling about 8,000 Toyota Tacoma four-wheel drive pickup trucks for a problem with the front propeller shaft that could cause the truck to go out of control. A crack can reportedly develop in one of the joints that could cause the driveshaft to separate and fall away from the truck, which could cause the driver to lose control. According to Toyota, the problem can occur without warning.

This recall only includes certain 2010 4WD Tacoma Trucks. The 2005-2010 Tacoma was recalled in November due to the risk of the floor mat becoming entrapped with the accelerator pedal. The affected 2010 4WD models were assembled from mid-December 2009 to early February 2010. The majority of the vehicles are still in Toyota's distribution pipeline or still on dealer lots. Toyota owners can contact the Toyota Customer Experience Center at (800) 331-4331 for more information.

Dozens of lawsuits have already been filed against Toyota Motor Corp. for injuries in deaths caused by suspected faulty Toyotas. Just this week, a Nebraska widow filed a lawsuit against Toyota seeking damages for her death of her husband when her 2006 Toyota Prius suddenly accelerated and crashed. If you have been injured or lost a loved one in an accident involving a recalled Toyota, contact the Toyota recall attorneys at Estey & Bomberger for a free consultation of your legal rights.

The Wall Street Journal reported yesterday that Toyota Motor Corp. is considering modifications to its push-button ignition system. The possible modification, which is still only "under study" would allow drivers to turn off the engine by tapping the ignition button in succession three times. The push-button ignition system is used on all Lexus vehicles and is optional or standard on many Toyota models. The keyless start system is arguably not a convenience feature - it takes some getting used to - and not a safety feature either. In a recent article last month, the Los Angeles times discussed the potential confusion and safety issues this feature could cause. Many news outlets have speculated that the push button ignition was why an off-duty CHP officer could not stop a runaway Toyota in San Diego in August. The officer and three of his family members died in that crash, which made national headlines.

In 2007, safety investigators previously raised concerns about the keyless ignition system when they noted the system took away the ability to simply turn off the engine in the event of an emergency. In a survey, investigators found that few Lexus drivers actually knew how to turn off the vehicle in an emergency. At the time, the vehicles' owner's manual only made general mention of how to turn off the vehicle in an emergency. It has since been updated.

The number of vehicles recalled globally due to gas pedal entrapment, stuck accelerators, and defective Hybrid brakes has now reached 8.5 million. If you have been seriously injured in an accident involving a recalled Toyota, contact the auto defect Toyota recall attorneys at Estey & Bomberger, LLP for a free consultation of your legal rights.

Continue reading "Toyota Considering Modification to Push-Button Ignitions " »

Losing a loved in an unexpected accident is heartbreaking and devastating. When an accident is caused by another party's negligent or careless actions, the surviving family members of the victim may be left with more than just grief and sadness. The financial consequences of an unexpected loss can be financially debilitating. In California, when an accident is caused by someone else's negligent, reckless, careless or willful contact, the victim's family members may be entitled to monetary damages for their loved one's wrongful death. There are specific laws in place that govern who can file a wrongful death claim, and when.

The San Diego wrongful death attorneys at Estey & Bomberger have more than 70 years of combined experience representing families in wrongful death claims. Over the years we have recovered millions of dollars in verdicts and settlements for a wide range of case types. The video below answers some of the questions we are frequently asked about wrongful death claims, including "What is a wrongful death claim?", "Who can file a wrongful death claim?", and "What type of damages are available after a wrongful death claim?".

If you would like to speak with a San Diego wrongful death attorney about a potential wrongful death claim, contact Estey & Bomberger anytime, seven days a week at (619)312-4399. All consultations are free with no obligation.

Earlier this week, the U.S. Consumer Products Safety Commission (CPSC) this week announced a recall of all Generation 2 Worldwide and "ChildESIGNS" drop side cribs. According to the government safety agency, the plastic hardware on the crib has the potential to break which can cause the side of the crib that drops to detach from one of the corners. If this happens it creates a space into which a baby or toddler can become wedged, entrapped or stuck, which poses a risk of strangulation or suffocation.

The CPSC has received three reports of infant deaths, including an eight-month-old Ohio boy in July 2007, an eight- month Indiana boy in October 2003, and a six-month-old Virgina boy in September 2002. In a February 9 press release, the CPSC also stated they have received reports of 20 other incidents, including five repots of children falling out of cribs and one child suffering a broken arm.

More than 500,000 of these cribs were sold to consumers. Some of the known model numbers are: 10-110X, 10-210X, 21-110X, 20-710X, 64-315X, 26-110X, 90-257X, 20-810X, 46-715X, 64-311X, 74-315X, 21-815X, 21-810X, 20815X, 308154 and 54915. (The "X" denotes where an additional and varying number may appear at the end of the model number.) The recall includes all Generation 2 Worldwide and "ChildESIGNS" drop side cribs, including those with other model numbers. Read the CPSC press release for more information.

Drop side cribs pose numerous safety hazards, and several million cribs were recalled by the CPSC in 2009. If your child suffered injuries from a dangerous or defective drop-side crib, contact the San Diego defective product attorneys at Estey & Bomberger for a free consultation of your legal rights. You may be entitled to compensation from the manufacturer of the crib.

A Fallbrook man was flown to Palomar Medical Center in Escondido after he was struck by a car on East Mission Road in Fallbrook Tuesday morning, authorities reported. The Fallbrook pedestrian accident occurred on the 400 block of E. Mission near Minnesota Street, shortly after 11 a.m.

The Fallbrook Bonsall Village News identified the man struck as Rodrigo Avalos, 52, of Fallbrook. The driver of the 2001 Mitsubishi Mirage, Audrey Corcoran, 82, of Fallbrook, was turning right from Minnesota Avenue onto East Mission Road when the collision occurred. Avalos suffered a broken leg, possible broken hip and other injuries. The vehicle sustained significant damage to the windshield and body.

We wish Rodrigo the very best for a recovery from his very serious injuries. Please keep him in your prayers. Based upon the news reports of the accident, it is not clear who was at fault. The California Highway Patrol is investigating the cause of the accident. At this point, the victim's family may find benefit in speaking with an experienced San Diego pedestrian accident attorney who will make sure the victim's rights are protected. An attorney can look into liability issues and help determine if the victim may have a claim for injuries against the driver or any other responsible parties, and help the family understand their legal rights and options.

Continue reading "Fallbrook Man Critically Injured in Pedestrian Accident " »

A 38-year-old man was struck and killed by a city dump truck yesterday while riding his bike in the Oak Park area of San Diego. The fatal bicycle accident occurred near the intersection at Krenning Street and College Grove Drive at about 1 p.m. Monday. Authorities reported the cyclist attempted to pass the truck on the right when he was struck, but it was not clear if he was on the sidewalk or in a crosswalk. Nobody else was injured in the accident. According to reports in the San Diego Union Tribune, medics who responded to the scene tried to revive the victim but he died before he could be transported to a local hospital.

On Tuesday, the county medical examiner identified the victim as Juan Carlos Navarro. Our sympathy goes out to everyone who knew and loved Juan. Please keep his family in your prayers.

Based upon news reports of this accident it is not clear exactly how the intersection occurred. It is not clear if Juan was on the sidewalk or in a crosswalk when he was struck. While this crash remains under investigation, his family may benefit from consulting with a San Diego cycling accident wrongful death attorney who can help the family understand and protect their legal rights. The family may have a claim for wrongful death against the operator of the garbage truck or possibly the city of San Diego.

Continue reading "Cyclist Struck and Killed by City Dump Truck in Oak Park" »

Just one week after a 15-year-old Vista boy was killed in a hit-and-run skateboard accident in Vista, another teenage boy was injured in Vista after being struck by a car while skateboarding. The victim, an 18-year-old Vista man, was riding his skateboard near Cedar Road and West Vista Way on Friday afternoon when he was struck at around 4:20 p.m., the San Diego Union Tribune reported.

The victim suffered two broken legs and other injuries and was taken by ambulance to a local hospital. The driver of the car that struck the skateboarder reportedly told authorities he tried to stop but was not able to avoid the collision. The Vista Sheriff's department is investigating the incident.

More than 25,000 people visit emergency rooms each year with skateboard accident injuries. If you or someone in your family has suffered serious injuries or was killed due to being struck by a car while riding a skateboard, you would be well-advised to contact a San Diego personal injury attorney about your legal rights. If the accident was the result of another driver's negligent or careless driving, or a defect in the roadway, you may be entitled to compensation for your injuries.

Continue reading "Teen Skateboarder Seriously Injured After Being Struck by Car in Vista " »

Two passengers on a San Diego trolley were injured Wednesday, including a man in a wheelchair, when the trolley collided with a postal service delivery van. The accident in East Village occurred at about 11:30 a.m. at the intersection of Park Boulevard and G Street. The driver of the postal van did not appear to be hurt, according to reports in the San Diego Union Tribune.

A 20-year-old trolley passenger told authorities the trolley was travelling north on Park and it appeared to him that the trolley had a green light when the collision occurred. He said all of the traffic on G Street had stopped a the traffic light, except for the postal van.

San Diego police are investigating the cause of the crash. The two people hurt in the trolley, a woman who was standing and a man in a wheelchair, were both taken to local hospitals with non-life-threatening injuries. While this crash is under investigation, both injured parties would be well-advised to speak with a San Diego personal injury attorney about their legal rights. As passengers on the trolley, they may be entitled to receive compensation for their injuries, including medical care, lost earnings, and pain and suffering.

Sources: SignonSanDiego.com, 10News.com

A man working on the refrigeration system suffered "concussive" injuries when a pressurized tank exploded at Northgate Market at 1150 E. Vista Way Tuesday morning in Vista. The tank that exploded was about the size of a scuba tank, San Diego 6 news reported. The explosion occurred upstairs in a backroom. The injured man, who was not identified, was an employee of the company hired to replace the compressor. The grocery store remained open following the incident, which occurred shortly after 7 a.m.

The man was taken to a local hospital. Based on the reports of this accident, it is not clear why the tank exploded. Industrial accidents and explosions like this one in the workplace can prevent victims from returning to work and providing stable income for their families and loved ones. The man injured in this accident would likely benefit from consulting with a San Diego workplace injury attorney, who will assess the legal issues presented in the case and explain the victim's legal rights, obligations and responsibilities.

Continue reading "Worker Injured By Explosion at Grocery Store in Vista " »