San Diego Personal Injury Attorney Blog

A woman suffered serious injuries Wednesday morning when she was struck by a Ford Explorer at Second Avenue and Elm Street in Centre City , the San Diego Union Tribune reported. The April 28th accident was reported at 6:10 a.m. The woman, who was not identified, was taken by ambulance to a local hospital. The cause of the Park West accident is under investigation by the San Diego Police Department.

Fault & Personal Injury Liability

Based on the limited information provided about this pedestrian accident, it is not clear who was at fault or what exactly happened in this accident. If the driver was responsible for the accident, he or she could be held liable for the pedestrian's injuries, including medical expenses, lost earnings or wages, and pain and suffering. In cases like this one, the injured parties would be well advised to speak to an experienced and skilled San Diego pedestrian accident lawyer, who can help them protect their legal rights and obtain the compensation they are entitled to, if indeed the driver caused this crash.

Continue reading "Pedestrian Struck By Car in San Diego " »

A woman driving a 1992 Nissan Maxima died Wednesday morning in a crash on Otay Lakes Road, authorities reported. According to reports in the San Diego Union Tribune, the crash occurred about one mile east of Lower Otay Reservoir. The woman was driving east on the two-lane road, when for reasons that are still under investigation, she allowed her vehicle to drift onto the right lane on a curve. She apparently lost control and crossed into westbound lanes. At the same time, two on-duty Border Patrol agents heading west in two marked Ford F-250 Border Patrol vehicles. The Nissan skidded between the two vehicles and was broadsided by the second truck.

The woman driving the Maxima died at the scene of the crash. The crash occurred on a wet road from recent precipitation, but it was not raining at the time of the crash. The CHP did not find any evidence that alcohol or drugs were a factor in the crash.

Other Accidents on Otay Lakes Road

There have recently been a number of fatality or serious injury accidents on Otay Lakes Road in Chula Vista.

• In June 2009, a 24-year-old Coronado man died when his 2001 Nissan Maxima went off the road and struck a tree on Otay Lakes Road near Wueste Road.

• On April 3, 2009, two people were very seriously injured in a crash on Otay Lakes Road when a 23-year-old woman struck a tree in the center median.

• On February 24, 2009, a 13-year-old cyclist was struck by a pickup truck on Otay Lakes Road near Ridgeview Way.

• On March 30, 2008, an on-duty U.S. Border Patrol agent, Jarod Dittman, died in a solo vehicle rash on Otay Laeks Road, just west of State Route 94 in Dulzura

• On January 5, 2008, a 21-year-old man died in an accident during wet road conditions on Otay Lakes Road at the intersection of Rutgers Avenue.

The website city-data.com lists additional fatality accidents on Otay Lakes Road on the following dates: October 24, 2005, July 24, 2004, March 6, 2003, January 1, 2002, January 2, 2002, November 8, 2002, February 1, 2000, April 3, 1997, August 27, 1992, July 24, 1991, September 14, 1990, May 22, 1989, May 8, 1985, December 18, 1985, September 1, 1984, May 2, 1982, and September 11, 1982.

Cause of this Otay Lakes Road Accident & Wrongful Death Liability

The cause of this fatal April 27th accident on Otay Lakes Road is under investigation by the California Highway Patrol. At this point, there are more questions than answers as to why this accident occurred. Was the driver distracted, or driving too fast given the weather conditions? It is possible that she failed to negotiate the sharp curve in the road and simply lost control of her car, resulting in the collision with the Border Patrol vehicle. However, Otay Lakes Road is known to be a dangerous roadway, and it is possible that a condition in the road caused this crash. While this fatal accident is under investigation, the family of the victim would be well-advised to talk to an attorney about this accident and other accidents on Otay Lakes Road. If it is determined that a dangerous roadway condition caused this accident, the family may be entitled to compensation for the wrongful death of their loved one from the agency responsible for designing and maintaining the road.

Sources: CBS 8, KGTV 10 News, San Diego Union Tribune, Union Tribune Archives, City-Data.com

Continue reading "Woman Killed in Crash on Otay Lakes Road" »

A San Diego police officer opened fire in a home in the North Park area Monday morning, killing a 56-year-old man who refused to drop a kitchen knife, the San Diego Union Tribune reported April 26th. The man, who was not immediately identified, was taken to Scripps Memorial Hospital after the incident, where he died a short time later.

According to reports by San Diego 6 News, around 10:42 a.m., police received a call from family members about a man who was reportedly having mental health problems. When officers arrived at the home in the 3400 block of Alabama Street shortly before 11 a.m., the man and his mother, who he apparently lived with, were standing outside the home in the front yard. When he saw officers, he ran inside. Two officers followed him inside, and found the man holding a knife. One of the officers reportedly told the man to drop the knife, and when he refused and advanced on the officer, opened fire.

San Diego County Officer-Involved Shooting Deaths

This incident is the second officer-involved shooting in less than 30 days in San Diego County. On Tuesday, March 30, 2010, Escondido police responding to a domestic disturbance call shot and killed a 25-year-old man in Escondido. Incidents such as the one that occurred April 26th and the one in Escondido in March are tragedies that raise questions about what constitutes the use of deadly weapons by law enforcement. Could this situation have been handled in a way that didn't end in a man's death? Was the officer involved properly trained in dealing with people with mental health issues? Did the situation really call for the use of lethal force?

Police Involved Shootings & Wrongful Death Liability

Every year, municipalities around the country pay out millions to families of victims killed by police in wrongful death settlements and verdicts. In March 2009, the city of San Diego reached a $325,000 settlement with the family of a 25-year-old man who pulled a toy gun on officers at a traffic stop. In March 2008, an $800,000 settlement was reached with the city of Riverside after an unarmed 28-year-old was shot and killed by Riverside Police officers. While this incident is still under investigation, the family of the man killed would be well-advised to speak to a San Diego wrongful death attorney as soon as possible, who can help them fully understand and protect their legal rights following this preventable tragedy.

Continue reading "San Diego Police Officer Shoots and Kills North Park Man Who Refused to Drop Kitchen Knife " »

A 43-year-old man suffered very serious injuries Saturday evening in an accident in Linda Vista, San Diego police reported. The crash was reported just after 6:30 p.m. on Comstock Street near Comly Street. According to reports in the San Diego Union Tribune, the motorcyclist was riding north on Comstock when a sport utility vehicle heading south crossed into the northbound lane and ran over the motorcyclist.

The driver of the SUV, a 25-year-old woman who was not identified, was talking on her cell phone prior to crash and was also driving with a suspended license. She was arrested for reckless driving and outstanding warrants. A passenger in her vehicle tried to run away from the accident, but was arrested for possession of a methamphetamine pipe. The motorcyclist was taken to a hospital with very serious injuries.

Fault and Personal Injury Liability

If the news reports of this accident are accurate, the driver of the SUV is at fault for this crash, and is likely liable for the motorcyclists' injuries. While this accident is still under investigation, the family of the motorcyclist injured in this April 24th accident would be well advised to speak to a San Diego motorcycle accident attorney. An attorney can help the victim obtain compensation for his injuries in a personal injury claim against the driver. If the driver did not have insurance, an attorney can also explain how the victim may obtain compensation from his own insurance policy, if he has one.

Continue reading "Motorcyclist Seriously Injured in Linda Vista Head-On Collision With Driver on Cell Phone " »

Three people were injured in a multi-vehicle accident involving a motorcycle on Interstate 8 in La Mesa, the California Highway Patrol reported. The April 23rd accident occurred on westbound I-8 at Spring Street shortly before 10 a.m. The San Diego News Network reported that two vehicles collided first and then a motorcyclist collided into the wreckage of the initial collision. Two motorists and the motorcyclists were taken to local hospitals with injuries ranging from minor to moderate. The CHP is investigating the cause of the crash.

Accidents on freeways, especially accidents involving motorcycles, frequently cause catastrophic injury or death, and it is fortunate that it sounds like no one involved in this accident suffered life-threatening injuries. We hope everyone makes a full and fast recovery.

While the cause of this Interstate 8 accident remains under investigation, the injured victims and their families may benefit from speaking with a San Diego personal injury lawyer. Whoever is deemed at fault for this accident may be held financially responsible for the other victims' injuries in a personal injury claim. An attorney can help the victims negotiate maximum compensation with the insurance company and make sure they receive full and fair compensation for their injuries, including all related medical expenses, lost earnings and pain and suffering.

Continue reading "Three People Hurt April 23 in Interstate 8 Crash in La Mesa " »

Ford Motor Company announced it is recalling 33,256 2010 model sedans and sport utility vehicles to replace the recliner mechanism in the front seat. According to a notice filed with the US National Highway Traffic Safety Administration, in the event of an accident the seatback and head restraint could move rearward, increasing the risk of injury. Ford said in a statement that no accidents or injuries have been reported due to the defect, which was discovered April 14.

According to reports in Reuters, the recall covers certain 2010 Ford Fusion and related Mercury Milan sedans built from December 11 through February 3 in Hermosillo, Mexico, and some 2010 Ford Explorer, Ford Explorer Sport Trac and Mercury Mountaineer SUVs built from December 15 through February 3 in Louisville, Kentucky.

The NTHSA says that in the recalled vehicles, "The recliner gear plate teeth may be out of dimension specification, which could result in limited pawl to gear plate tooth engagement." The Wall Street Journal reported that Ford will send notification letters to owners in May. The recliners will be replaced free of charge.

If you own one of the recalled Ford or Mercury vehicles, you may call Ford's help line at 866-436-7332 for additional information. If you have been injured in an accident in one of these vehicle and experienced an issue with the seat moving rearward, you should contact an experienced auto defect attorney about your legal rights. You may be entitled to compensation from Ford for the defective condition if it caused or contributed to your injuries or the death of a family member.

Continue reading "Ford Recalling 33,000 Vehicles Over Front Seat Defects " »

A 22-year-old Temecula woman suffered major injuries Thursday afternoon in a crash in the Bonsall area, authorities reported. The crash occurred at 5:19 p.m. April 22, on Camino del Rey/ Old River Road, just east of Golf Club Drive. According to reports in the Valley News, Samantha Schultz was driving eastbound on Camino del Rey in Bonsall when she lost control of her gray Mazda and struck a telephone pole. Schultz sustained major injuries and was flown by Mercy Air to Palomar Medical Center in Escondido.

The cause of the solo vehicle accident remains under investigation. Authorities were not able to immediately determine how fast Schultz was travelling, so it is not clear if speed was a factor in the accident. There was no indication that drugs or alcohol caused the crash.

At this point, there are more questions than answers as to why this crash happened. Although the accident happened on a wet roadway, weather is not necessarily the cause of the crash. If there was a dangerous condition on the roadway that caused Schultz to lose control of her vehicle, or if a defect in the vehicle itself caused the crash, the victim may be entitled to compensation for her injuries from the agency responsible for maintaining the roadway, or the manufacturer of the vehicle.

While this crash is under investigation, the family of the victim would be well-advised to talk to a San Diego County personal injury lawyer who can arrange to have the vehicle inspected as well as the location of the accident. An attorney can also explain how to best handle communications with the insurance company to make sure the victim can recover full and fair compensation for her injuries.

Continue reading "Temecula Woman Airlifted to Hospital After Bonsall Crash " »

If you have been seriously injured in an accident in Cardiff-by-the-Sea or anywhere in San Diego County, contact the attorneys at Estey Bomberger for a free and confidential, no-obligation consultation. Our lawyers have more than 70 years of combined experience representing injury victims in California, and are available to help you take the first step to getting justice for your case. In your free consultation, one of our attorneys will listen to your story, answer any questions you may have, explain your legal options and obligations, and most importantly, give you an honest option of your case and the factors that influence how much it may be worth.

Choosing the Right Cardiff by the Sea Accident Lawyer

After a car accident, slip-and-fall accident or any other accident involving serious or catastrophic injury or the wrongful death of a loved one, it is important to work with an attorney who is qualified and capable of handling your case, and getting you the compensation you deserve. This includes money for your medical treatment and care expenses, your lost earnings or wages, and fair compensation for your pain and suffering. Although the vast majority of cases we handle reach a settlement before going to trial, our attorneys have the experience and financial resources to promptly take your case to trial in the event a fair settlement cannot be reached in a reasonable amount of time.

Estey Bomberger - Cardiff by the Sea Accident Attorneys

Estey Bomberger is a proud, A+ rated member of the Better Business Bureau. We are committed to helping our clients recover the maximum, full and fair compensation they deserve for their serious injuries. Our law firm has received the highest possible AV-rating from Martindale-Hubbell, and our founding partners have been selected for inclusion in San Diego Super Lawyers. Most importantly, we have helped our clients get the justice they need; we have recovered millions of dollars in settlements or verdicts - see our case results for a sampling of some of our cases.

No Recovery, No Fee.

The Cardiff-by-the-Sea personal injury lawyers at Estey Bomberger handle all cases on a contingency fee basis. This means that if we accept your case, you will not be responsible for any legal fees or costs unless - and until - we recover money for you. If for any reason we are unable to obtain financial compensation for your cases, you will not be charged.

A 48-year-old civilian employee at Camp Pendleton and resident of Fallbrook was killed in a head-on crash Sunday morning, the San Diego County Medical Examiner reported. The April 18, 2010 crash occurred at about 7:30 a.m. on Ammunition Road on the Naval Weapons Station Fallbrook Annex.

The man was identified as Jose Gaspar Ajca, the driver and sole occupant of a minivan that apparently crossed into the path of an SUV travelling in the opposite direction. According to reports in the San Diego Union Tribune, Ajca was flown to Palomar Medical Center, where he died about an hour after the crash. A hospital corpsman and a civilian in the SUV were taken by ambulance to a local hospital with non-life-threatening injuries.

The cause of the crash is under investigation by the Naval Criminal Investigative Service. Based upon the limited information provided in news reports, it is unclear why this accident occurred. Investigators will hopefully determine if Mr. Ajca had swerved to avoid something in the road, if he was distracted, or if his vehicle malfunctioned in some way to cause him to lose control of the car.

If the news reports are correct, the two occupants of the SUV were not at fault. Without more information, it is impossible to determine why the crash happened. While this military base accident remains under investigation, the family of Jose Ajca as well as the occupants of the SUV would be well-advised to consult with a San Diego personal injury attorney to better understand their legal rights, options and best course of action going forward.

Continue reading "Fallbrook Man Killed, Two Others Injured in Head-on Crash on Navy Weapons Base " »

A 38-year-old Pine Valley woman and a 7-year-old boy both died in a tragic crash on Interstate 8 in Alpine on Friday, authorities reported. The April 16th accident occurred on westbound Interstate 8, west of Tavern Road, at about 5 p.m. Although there were apparently no witnesses to the crash, evidence showed that the vehicle, a 2004 Land Rover sport utility vehicle, swerved left and overturned numerous times in the dirt and brush. Investigators were not sure how fast the SUV was travelling when the accident occurred.

The San Diego Medical Examiner identified the driver as Jennifer Foster. The name of the young boy killed in the crash was not released. Both victims died at the scene of the crash. The California Highway Patrol is investigating the cause of the accident. Anyone with information about the accident is asked to contact the CHP at (619) 401-2000.

Land Rover Rollover Accidents

Sport utility vehicles have a number of safety issues that can cause a rollover or result in catastrophic injury or death in the event of a rollover accident. Land Rover sport utility vehicles specifically have a higher center of gravity that may make them susceptible to a rollover. Land Rover has paid out millions to victims and their families injured or killed in rollover crashes. In May 2009, a Los Angeles County Superior Court Judge ordered Jaguar Land Rover to pay $21.1 million to a California man who was paralyzed after a Land Rover rollover accident on the 118 Freeway in 2003 (see the March 28, 2009 LA Times article).

SUV Rollover Accidents and Liability Issues

Based on the news reports of this Interstate 8 accident, it is not clear why the accident happened. Did something in the roadway cause the driver to lose control of the SUV, or did something malfunction with the Land Rover? While the cause of the accident is still under investigation, the family of the victims may benefit from speaking with an experienced SUV rollover accident lawyer. If a defect in the roadway or a defect in the vehicle caused this accident and the two fatalities, the family may be entitled to damages in a wrongful death claim. An attorney can explain the unique legal issues of rollover accidents and explain the family's legal options and best course of action going forward in a possible product liability claim.

Continue reading "Two Killed in SUV Rollover on Interstate 8 Near Alpine " »

A 21-year-old man died early Sunday morning when he was struck by a vehicle on eastbound State Route 94 in Jamul, just east of Proctor Valley Road and Jefferson Road. The San Diego County Medical Examiner's Office identified the victim as Jonathan Michael Ulmer of Alpine. According to reports in the San Diego Union Tribune, Ulmer's body was found by an uninvolved passing motorist lying in the westbound lanes of Campo Road (Highway 94) at about 3 a.m.

There were no witnesses to the crash. Anyone with information is asked to please contact the California Highway Patrol at (858) 637-3800. Our sympathy goes out to the family of Jonathan Michael Ulmer, and we sincerely hope that the driver of the vehicle involved in this pedestrian accident will be located or come forward for the sake of the young man's family.

Help For Families of Hit And Run Accident Victims

Under the California Vehicle Code, "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 a hit and run accident results in a death, the driver is usually charged with a felony.

If the driver is eventually located, the family of the victim may also file a civil claim for their loved one's wrongful death. While this accident remains under investigation, the family of the young man killed in this accident may benefit from speaking to a San Diego pedestrian accident lawyer experienced in hit-and-run accidents and wrongful death liability issues. Even if the driver is never located, an attorney may be able to help the family recover compensation for their loss from the victim's own insurance policy, if he had one.

Continue reading "Alpine Man Killed in Hit-and-Run Accident on SR-94 in Jamul " »

An 87-year-old man died Sunday about five hours following a crash in Point Loma, authorities reported. The accident occurred at the intersection of Centraloma Drive and Nimitz Boulevard at about 8:15 a.m. on April 18th. The man, identified by the San Diego Medical Examiner as Rolando Arnold, was taken to UC Medical Center in Hillcrest where he died about five hours after the crash. Based on the news reports of this accident in the San Diego Union Tribune, it is unclear how the accident occurred and if any other vehicles were involved. The San Diego police department is investigating the cause of the crash.

Fault and Wrongful Death Liability

Without more information, it is impossible to tell who is responsible for this fatal accident. However, if another driver caused this fatal Point Loma auto accident, or if a dangerous condition in a roadway caused the accident, the family of the victim may be entitled to compensation for the wrongful death of their loved one. While this accident is under investigation, the family of the man killed in this crash may benefit from speaking with an experienced San Diego wrongful death attorney who can oversee the investigation and determine whether the family may have legal rights in a wrongful death claim.

Continue reading "87-Year-Old Dies of Injuries After Point Loma Intersection Crash " »

A 24-year-old woman suffered major injuries Saturday after she was struck by a car in University City, authorities reported. The accident occurred at the intersection of Genesee Avenue and La Jolla Village Drive just before noon on April 17, 2010. According to reports in the San Diego Union Tribune, the woman, who was not identified, was riding northbound on Genesee Avenue when she was hit by a 2004 Infiniti sedan that was travelling west on La Jolla Village Drive.

Witnesses reported the windshield of the Infiniti was shattered, and authorities said that the woman's injuries were serious, but did not appear to be life-threatening. San Diego police are currently investigating the cause of the accident. Alcohol is not believed to be a factor in the crash.

This UTC area accident is at least the second major accident involving a cyclist on Genesee Avenue in the last six months. On November 9, 2009, a 63-year-old San Diego man was killed when his bicycle collided with a police car at the intersection of Genesee Avenue and Governor Drive, about 1.5 miles from the location of this April 17 accident.

Fault and Liability Issues

Based on the news report of the accident, it is unclear why the accident occurred and who was at fault for the accident. In the course of their investigation, police will hopefully determine if the driver of the Infiniti was at fault, or if the cyclist rode into the path of the car. If the driver of the Infiniti caused this accident, he may be held financially liable for the cyclist's medical expenses, any lost earnings caused by the accident, and her pain and suffering.

While this crash remains under investigation, the family of the injured cyclist would be well-advised to speak with an experienced and skilled San Diego bicycle accident lawyer who can explain the unique legal issues of this accident, and help the family protect their legal rights and understand their options. Depending on how the accident occurred, the cyclist may be entitled to compensation for her injuries even if the driver is not cited for the accident by law enforcement.

Continue reading "Female Cyclist Struck By Car, Seriously Injured in University City " »

The North County Times reported a 17-year-old Carlsbad resident was seriously injured early Thursday morning when she drove a Ford F-150 Truck into a construction zone on Carlsbad Boulevard. The accident occurred near Island Way, at about 1 a.m. on April 15th. The teenager was trapped in her vehicle. Apparently, she had driven about 21000 feet through barrel barricades and a chain link fence. The truck pushed the fence forward until it became lodged under a large excavator.

The teenager, who was not identified, was extricated and transported by helicopter to Scripps Memorial Hospital in La Jolla. Please keep her in your prayers. We hope she makes a full recovery.

Who Was At Fault?

Carlsbad police were investigating why the accident occurred. Based upon the news reports of the incident, it is not clear if the girl was driving recklessly or otherwise at fault, or if something was wrong with her vehicle. If the accident was caused by a defect in the vehicle or mechanical malfuction, such as a faulty gas pedal, the manufacturer of the Ford could be held liable for the Carlsbad accident and the teen's injuries.

Fault and Personal Injury Liability

In situations like this, where it is not entirely clear what happened, injured victims and their families would be well-advised to speak with an experienced San Diego personal injury attorney who can oversee the investigation by law enforcement and determine if the accident was in fact the fault of the auto manufacturer. In any situation where a defect in the vehicle is suspected, the car must not be repaired or altered until it can be inspected, as the vehicle itself is important evidence.

Continue reading "Carlsbad High School Student Injured in Early Morning Construction Zone Crash " »

A man was taken to the hospital after a crash involving a Ford minivan in the Midway district Wednesday morning, the San Diego Union Tribune reported. It was not clear whether the cyclist was hit by the minivan or ran into it. The April 14th San Diego bicycle accident was reported shortly before 6 a.m. Kurtz Avenue was shut down between Rosecrans Street and Pacific Coast Highway following the crash. The man was taken to the hospital with unknown injuries.

Bicycle accidents can be devastating to cyclists. Cyclists can be struck a number of ways, such as when cars turn into the path of the bicycle because the driver assumes there is no oncoming traffic, or when car drivers or passengers open the door of a parked car into the path of an oncoming cyclist. Cyclists may also be thrown of their bikes when cars sideswipe them on the side of the road.

After any bicycle accident, it is important to understand who was at fault (it may be more than one person or party) and liable for the victim's injuries. Injured cyclists may be entitled to monetary damages for medical expenses, loss of earnings, pain and suffering, and other expenses related to an accident. The San Diego bicycle accident attorneys at Estey Bomberger have represented numerous injured cyclists in bicycle accident injury and wrongful death claims in San Diego. If you or someone you love has been injured in a bicycle accident, contact us for more information or discuss your case with an attorney. All consultations are free.

Continue reading "Bicyclist Injured April 14th in Midway District Crash " »

Scripps Mercy Hospital in Hillcrest has been cited by the California Department of Public Health for leaving a surgical sponge in a cancer surgery patient. The hospital is being fined $25,000 for the error. The fine is the third penalty issued against the hospital since 2007, when the state began issuing fines against medical centers for such preventable mistakes.

In the incident at Scripps Mercy, a 4 inch by 4 inch surgical sponge was left in a patient when she underwent a hysterectomy. A year after the surgery, a radiologist discovered what was thought to be a mass in a routine MRI. The woman, who was not named, reported hip and back pain following the operation. In this particular case, the Union Tribune reported that doctors performed a second surgery on the patient in February of 2009 to remove the object, but were unable to locate it. The sponge was finally removed in a third surgery in June 2009.

In addition to the fine against Scripps Mercy Hospital, the Department of Public Health issued nine other citations against six other hospitals in the state of California. Two hospitals received multiple fines. Southwest Healthcare System in Murietta was given three fines totaling $225,000, and Kaiser Foundation Hospital in Fontana was given two fines totaling $75,000. Hospitals may appeal within 10 days, or submit correction plans explaining how mistakes will be avoided in the future.

Continue reading "San Diego Hospital Fined for Leaving Sponge in Patient During Surgery" »

A 54-year-old woman died Sunday night after she was struck by a Honda Odyssey minivan while crossing the street in Mira Mesa. The Mira Mesa pedestrian accident occurred at about 7:45 p.m. April 11th on Camino Ruiz, near Zapata Avenue. The victim was identified as Ruthann Lafever, of San Diego.

Our deepest sympathy goes out to the family of Ruthann Lafever and everyone that knew and loved her. Please keep her family in your prayers during this surely difficult time.

Pedestrians are prone to catastrophic injury or death any time they are struck by a vehicle. The faster the vehicle is driving the more serious the injuries and the higher likelihood of a fatality. Police are investigating the cause of the crash and whether or not the driver was speeding, distracted, or under the influence of alcohol. It is also possible that the pedestrian was at fault. Based upon the news reports in the San Diego Union Tribune, it is not clear exactly how the accident happened.

Who Was At Fault?

If the driver of the minivan is determine to be at fault for this Mira Mesa pedestrian accident, he may be held liable for the wrongful death of the victim in a civil claim. The family of the victim would be advised to speak to an experienced San Diego personal injury attorney as soon as possible. An attorney familiar with the unique fault and liability issues in pedestrian accidents can make sure the legal rights of the family are protected and advise the family of their best course of action in handling communications with the insurance company.

Continue reading "Mira Mesa Woman Struck and Killed While Crossing Camino Ruiz " »

A 19-year-old man and a 76-year-old woman were seriously injured Saturday night in a crash in Rancho Bernardo, San Diego police reported. The crash occurred at the intersection of Bernardo Center Drive and Camino del Norte, shortly after 9 p.m.

According to reports by City News Service, the 76-year-old woman ran a red light at the intersection and collided with the vehicle driven by the 19-year-old, who was turning left from Berando Center Drive onto Camino Del Norte. The woman, who was not identified, was driving a Toyota Camry. The 19-year-old man was driving an Acura Coupe. It is not clear how fast the vehicles were going when the collision occurred. The young man suffered a serious knee injury, and the woman injured her pelvis. Both were taken to Palomar Medical Center in Escondido. Police are investigating the crash, but do not believe alcohol was a factor in the collision.

Fault and Liability Issues

If news reports are accurate, the woman driving the Camry was likely at fault for running the red light. Accidents involving elderly drivers also raise questions as to whether the driver had the abilities or skills to drive safely. With growing numbers of elderly drivers on the road, crashes involving elderly drivers are on the rise. While this accident remains under investigation by law enforcement, the young man injured in this crash would be well-advised to speak with a San Diego personal injury attorney who can help him protect his legal rights following this accident. Compensation for a car accident injury claim can include damages for medical expenses, lost earnings, pain and suffering, and other expenses related to the accident.

Continue reading "Two Injured in Rancho Bernardo Intersection Crash " »

The LA Times reported today that the National Highway Traffic Safety Administration (NHTSA) has begun a preliminary investigation into brake failure in 6 million GMC and Chevrolet full-size pickup trucks. According to the Times, the agency has received 110 complaints of brake failure in 1999 through 2003 model Chevrolet and GMC C/K series pickup trucks and sport-utility vehicles. The complaints all allege loss of effectives of the brakes due to corrosion.

The NHTSA is trying to figure out whether the corrosion is caused by the use of salt in icy and snowy Northern states, which may be damaging brake controls.

In 37 complaints received by the NHTSA, dealer inspection confirmed the brake line failure. In three complaints, the failure resulted in a collision. General Motors is cooperating with the government agency's investigation into sudden loss of brake power and a "longer-than-expected" stopping distance in the vehicles.

According to the Times, defect and compliance investigations led by the NHTSA have resulted in 524 recalls effective 23.5 million cars in the last three years.

Continue reading "NHTSA Investigating Possible Brake Failure in 6 Million Older GM Trucks " »

A 21-year-old woman and her 3-year-old son suffered major injuries when they were struck by a vehicle in an East County intersection. The incident was reported shortly after 6 p.m. at Fury Lane and Via Rancho San Diego. The impact caused a major depression on the windshield of the Toyota that struck the victims. The woman and her son, who she was carrying at the time of the accident, were airlifted to Mercy Hospital with major injuries, San Diego 6 News reported. The driver of the vehicle that struck the victims remained at the scene and told authorities that the sun caused a glare and she was reaching for her sunglasses when the accident occurred. Police are investigating the cause of the accident. It is not clear whether the young woman and her son were in a crosswalk or not.

We hope the young mother and her child make a full and fast recovery from their major injuries. Please keep them in your prayers.

Personal Injury Liability Issues

While this El Cajon pedestrian accident remains under investigation, the family of the victims should contact an experienced San Diego pedestrian injury lawyer as soon as possible. If the news reports are accurate, and the driver took her eyes off the road, she is likely responsible for the accident. Police will also investigate whether she was impaired or speeding when the accident occurred. Regardless of whether the driver is cited, the victims may be entitled to compensation for their injuries, pain and suffering, and any lost earnings. An attorney can also investigate whether a dangerous condition in the roadway may have caused or contributed to the accident.

Continue reading "Mother and Child Suffer Major Injuries after Rancho San Diego Pedestrian Accident " »

The lure of the beach and mild climate brings hundreds of thousands of visitors to Carlsbad, CA each year, and is the year-around home to more than 100,000 people. Unfortunately, a number of people are injured, some very seriously, in car accidents in this beautiful part of San Diego County every year. After a serious car accident, it is important to choose a personal injury attorney who is familiar with the community you were hurt in and the local court system. The Carlsbad personal injury attorneys at Estey Bomberger have been representing and protecting the rights of both visitors and residents injured in San Diego County for nearly two decades.

We have handled a number of Carlsbad auto accidents, including accidents on Interstate 5, drunk driving accidents, and accidents involving pedestrians in downtown Carlsbad. To learn more about how we have helped victims of personal injury and wrongful death in San Diego and throughout Southern California, see our client video testimonials and case results. To speak with an attorney about your case, call us anytime for a free consultation over the phone. We will listen to your story, answer your questions, give you an honest opinion of the value of your potential personal injury case, and advise you of your best course of action going forward.

A motorcyclist died early Tuesday morning after he fell about 150 feet off a freeway overpass in Mission Valley, authorities reported April 6. The victim was identified by the San Diego County Medical Examiner as Timothy Michael Kalista, 31. According to reports by Fox 5 News, Kalista was the sole rider on a motorcycle riding northbound on Interstate 805 on the transition ramp to westbound Interstate 8.

For reasons still not known, Kalista apparently lost control of his bike and was ejected. He fell off the bridge and landed about 150 feet below in the parking lot of a restaurant in the 2800 block of Camino Del Rio South. The cause of the San Diego motorcycle accident is under investigation by the California Highway Patrol. The medical examiner will determine whether alcohol or drugs contributed to the accident as well.

Was Caltrans Responsible?

Accidents involving freeway overpass falls have unique legal issues. If the location where the accident occurred was known to be dangerous, and nothing was done about it, the California Department of Transportation (Caltrans) could be responsible.

Caltrans works with the California Highway Patrol to identify places throughout the state where there are more crashes than average, and to see if Caltrans can do anything to make them safer. Over the last decade, dozens of trouble spots have been investigated throughout San Diego County, including the interchange ramps of Interstate 5 and Highway 78 in Oceanside, the southbound offramp at Interstate 15 and Deer Springs Road, and the westbound offramp from Highway 78 at Vista Village Drive in Vista. If improvements have been identified that could have prevented Kalista from falling off the ramp at Interstate 805, and the agency failed to implement them in a reasonable amount of time, it is possible that Caltrans could be liable for this accident.

Caltrans and other city and county governments pay millions every year to victims injured or killed by dangerous roadway conditions. In 2008, a jury ordered Caltrans to pay $10 million to a Los Angeles teenager who lost both of her legs when she struck a broken metal guardrail. Her attorneys showed the jury a work order to repair the guardrail that was ignored, and a collection of 20 similar accidents in the same location in the two years prior to the accident.

Liability For Wrongful Death

In cases against government agencies (like Caltrans), victims have only a six month window from the time when the accident occurs to file a claim. While this case is under investigation, the family of Timothy Kalista would be well-advised to speak to a San Diego wrongful death attorney as soon as possible to determine their legal rights in this motorcycle accident case.

Continue reading "Motorcyclist Dies after 150 Feet Fall From Freeway Overpass in San Diego " »

A man was killed, and his son was injured in a crash reported just minutes after midnight early Monday morning on Interstate 5, authorities reported. The April 5, 2010 accident occurred on southbound I-5, south of Basilone Road in the Camp Pendleton area. The victim, Oscar Manuel Lopez-Flores, 27, of San Diego, was a passenger and one of four occupants in a late model Ford Explorer SUV struck from behind by a Chevy Camaro that was speeding. The impact caused the SUV to roll multiple times. Lopez-Flores and his son were both ejected, and Lopez-Flores died at the scene. His son was flown to Rady Children's Hospital with unknown injuries.

It was not known whether the other two occupants of the SUV were injured. The San Diego Union Tribune reported that the accident involved three or four vehicles, and it was also not clear based on the reports of the accident whether anyone else was hurt. The driver of the Chevy Camaro took off on foot but was later apprehended. The cause of the accident remains under investigation. All lanes of Interstate 5 were closed until about 2:45 a.m. while authorities investigated.

If the facts of this accident are accurate, the driver of the Camaro is likely at fault for the accident and the death of Lopez-Flores and his son's injuries. The family of the victims, as well as anyone else that was injured, would be well-advised to contact an experienced San Diego personal injury attorney as soon as possible who can help them understand and protect their rights to justice in a wrongful death and personal injury claim. An experienced attorney can provide the family with answers to their questions, information about their legal rights, options and obligations, and advise them of their best course of action to seek compensation and hold the responsible parties accountable for their actions.

Continue reading "San Diego Man Killed, Son Injured in Crash on Interstate 5 " »

A seven-year-old girl was tragically struck and killed Friday afternoon in San Diego when she was struck by a pickup truck as she ran across the street toward an ice cream truck, police reported. The accident occurred on Iona Drive near Market Street in the Emerald Hills neighborhood shortly after 3 p.m. The girl had just been dropped off by her mother at a family friend's home on Iona Drive. She stepped off the sidewalk on the east side of the street and was hit by a pickup truck going north on Iona Drive.

The driver of the car that struck her had three children inside his vehicle with him. Police do not believe he was under the influence of alcohol or speeding, although the incident remains under investigation.

When paramedics arrived, the young girl was unconscious, not breathing and in apparent respiratory cardiac arrest. She was rushed to Rady Children's Hospital, where she died at 3:41 p.m.

The victim was identified by the San Diego County Medical Examiner as Ayania Murrell of Spring Valley. She had just turned seven years old this week. Our deepest sympathy goes out to her family. Please keep them in your prayers during this difficult time.

Police could not find any adult witnesses, and are looking for the driver of the ice-cream truck. The vehicle was described as a panel vehicle with a Scooby Doo character on the driver's side.

Liability in "Dart-Out" Cases

Under ordinary circumstances, drivers are not expected to anticipate a young child darting out in front of their vehicle, particularly if the driver has no knowledge of children nearby. However, in this case, the driver may have been aware of the presence of children, as he had to drive around the ice cream truck and there were reportedly a number of children in the area. An ice cream truck, bus stop, school or park all may give a driver caution to look for the presence of children.

For attorneys, dart-out cases can be challenging and emotionally difficult. However, an attorney who has successfully handled child dart-out cases may help the family understand and protect their legal rights. The driver may be found at least partially at fault if he failed to yield, disregarded traffic signs, was speeding, or otherwise driving negligently. The family of the child killed in this horrific, devastating accident would be well-advised to speak to a San Diego wrongful death lawyer about their legal rights and who was at fault and ultimately responsible for this heartbreaking accident.

A 29-year-old Fallbrook man suspected to be under the influence of alcohol lost control of his 1986 Isuzu on South Mission Road Thursday night and crashed head-on with a 1985, causing major injury to the other driver, the California Highway Patrol reported. The suspected drunk driver, Jose Gaspar, was also driving without a license when he struck the victim, Archie A. Barnes, 45, of Fallbrook.

The accident occurred at about 7:25 p.m. April 1, 2010 on South Mission Road, north of Via Monserate. Gaspar was driving south at about 45 mph when he collided with Barnes' vehicle in the northbound lane. Barnes' vehicle overturned as a result of the collision. Barnes sustained major injuries, including a broken left femur, and was taken to Palomar Hospital. Gaspar took off on foot, but was apprehended and arrested shortly after the accident. He sustained moderate injuries and was booked in the Vista Jail on charges of felony driving under the influence of alcohol, driving without a license, and felony hit-and-run.

We wish Barnes the best for a full and speedy recovery following this completely preventable accident. Please keep him in your prayers.

Fault & Liability Issues

It is against the law to drive under the influence of any alcoholic beverage or drug, under California Vehicle Code Section 23152 (a). In cases such as this one, the victim and his family would be well advised to speak with a San Diego auto accident lawyer experienced in handling DUI injury accidents. If the at-fault driver was not insured or underinsured, as he may have been since he was driving without a license, an attorney can also help the victim understand how his own car insurance policy may apply to this accident.

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A 24-year-old paramedic and ambulance driver responding to a minor collision on the Cabrillo Freeway (Highway 163), north of Balboa Park, was tragically struck and killed Thursday morning, a spokesman for the San Diego Fire-Rescue Department said. Esteban Behena, the paramedic, was placing flares out around the accident scene when he was struck by another vehicle. He was taken to Scripps Mercy Hospital in the same ambulance he had been driving minutes earlier. He died just after 8:30 a.m.

Behana worked for San Diego Medical Services, a private company contracted with the city to work with fire department paramedics and provide ambulance services when needed. According to a spokesmen for the San Diego Fire-Rescue Department, the fatality accident was the first of its kind in the history of the 13 year partnership of the City of San Diego and San Diego Medical Services. According to reports by San Diego 6 News, a blood technician was dispatched to UCSD to take a sample from the driver who struck Behana. The CHP will investigate whether alcohol played a role in the crash.

EMTs and Paramedics Killed In The Line of Duty

This April 1, 2010 fatal EMT accident is one of a number of recent accidents involving an emergency responder killed in the line of duty. On January 13, 2010, a veteran New York firefighter responding to an emergency call was killed in a three vehicle crash in Ithaca. On January 8, 2010, a 33-year-old Arizona paramedic and employee of Southwest Ambulance was killed in a crash enroute from one duty station to another. On October 22, 2009, a 54-year-old first responder from the Fort Bragg military base in North Carolina was killed in an ambulance crash en route to a call. The majority of EMS fatalities involve collisions with an ambulance and another vehicle, which makes this San Diego incident unique.

Wrongful Death and Liability Issues

While this horrific accident remains under investigation, the family of Esteban Behena would be well-advised to contact an experienced San Diego wrongful death attorney who has handled ambulance and emergency responder related incidents. An attorney can help the family understand the unique legal issues of this accident and hold the parties responsible accountable to the maximum extent. Even if the driver is not cited or criminally charged, the family may still pursue a civil claim to hold him or her responsible and compensate the family for their loss.

Continue reading "Paramedic Struck and Killed at Highway 163 Crash Scene " »