San Diego Personal Injury Attorney Blog

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 " »

A 73-year-old Vista man was killed early Wednesday morning in a hit-and-run accident near the intersection of E. Vista Way and Monte Mar Road in Vista. The victim, Richard Louis Canngiano, was apparently attempting to cross the E Vista Way south of the intersection when, according to Sheriff's Deputies, a passerby observed the victim on the ground. It was not clear whether the man had fallen, or had been struck.

The passerby turned around to help the Canngiano. However, before the passerby could reach him, Canngiano was struck by a a small pickup truck similar to a mid 90's Ford Ranger travelling south on E. Vista Way in the #1 lane. The driver of the pickup truck stopped briefly, but fled the scene.

It is not clear why Canngiano was crossing the road so early in the morning, or whether other vehicles were involved. Regardless of why this accident occurred or whose fault it was, fleeing the scene of an accident causing injury or death is a crime. Under the 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."

Our deepest condolences go out to the family of Richard Canngiano. For the family's sake, we hope that the driver of the vehicle that fled this accident will come forward or be located quickly. The vehicle likely has a suspension lift and larger tires, and paint damage on the front end. If anyone has information about this incident, the driver, or the vehicle involved, they are asked to contact Deputy Cannon at the Vista Sheriff's Station (760) 940-4556.

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

A school bus carrying El Camino High School students overturned Wednesday morning in Oceanside, NBC News reported. The accident occurred on El Camino Real at North Douglas Drive at about 11:20 a.m. The school bus, which was was carrying 23 students that were part of a tutoring program for local elementary schools, turned on its side after it collided with a small white sedan.

One of the students was airlifted to Scripps Memorial Hospital in La Jolla. The bus driver and five other students were taken to local hospitals by ground ambulance. The cause of the crash remains under investigation; it was not immediately clear who was at fault.

School Bus Accident Personal Injury Liability

It is estimated that about 17,000 students are injured in school bus accidents each year. In situations where school buses overturn, children are especially vulnerable to injury, without the protection of a seatbelt. While this accident remains under investigation, the parents of the teens hurt in this accident would be well-advised to consult with an experienced San Diego personal injury attorney as soon as possible. An attorney who has successfully handled school bus accident injury cases can help the families protect their legal rights and obtain maximum, full and fair compensation for the teens' injuries as a result of this accident.

Continue reading "At Least Six Students Injured in Oceanside School Bus Accident " »

A 22-year-old man was taken to Scripps Memorial Hospital after he was struck by a pickup truck while riding his bike in Carlsbad, the San Diego Union Tribune reported. The accident occurred Monday, June 7, at about 11:30 p.m. on Cannon Road, east of Hemingway, police said.

The man, who was not identified, suffered a head injury and an apparent broken leg. The pickup driver, who was also not identified, was not cited. However, the investigation into the cause of the accident is still pending and charges could be filed at a later date. 10 News reported that the cyclist was riding in the bike lane when he was struck.

Bike Accident Personal Injury Liability Considerations

While this accident remains under the investigation of police, the family of the victim injured in this accident would be well-advised to consult with a San Diego bicycle accident attorney. Even if the driver is not cited, the victim may still be entitled to compensation for his injuries in a personal injury claim. A skilled bike accident lawyer can help the injured victim understand and protect his legal rights, and obtain full and maximum compensation for his medical expenses related to the accident, lost earnings and pain and suffering.

Continue reading "Cyclist Hospitalized After Carlsbad Bicycle Accident " »

A man who was struck and killed by a teen driver in Chula Vista Thursday night has been identified as Elden G. Thorson, 53. According to the San Diego County Medical Examiner's Office, Thorson was apparently a homeless man living in the Chula Vista area. On Thursday, June 3rd, he was crossing the 3000 block of Main Street at about 10:20 p.m. when he was struck by a tan Toyota Camry.

The San Diego Union Tribune reported that the 16-year-old driver of the Camry was not injured and stopped to try and help Thorson, who died at the scene. The teen driver was not charged. Chula Vista Police are investigating the cause of the crash.

Continue reading "Victim of Chula Vista Pedestrian Accident Identified " »

Estey Bomberger is proud to announce that San Diego personal injury attorneys Stephen Estey and Mike Bomberger have been named by San Diego Super Lawyers magazine as two of the top attorneys in California for 2010. Only five percent of the lawyers in the state are named by Super Lawyers. Stephen Estey was also previously selected for inclusion on the list in 2008 and 2009.

The selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters, Legal division based in Eagan, MN. Each year, the research team at Super Lawyers undertakes a rigorous multi-phase selection process that includes an, independent evaluation of candidates by the attorney-led research staff, a statewide survey of lawyers, a peer review of candidates by practice area, and a disciplinary and good-standing check.

Super Lawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in February 2010. Thomson Reuters is the world's leading source of intelligent information for businesses and professionals. Super Lawyers can be found online at superlawyers.com where lawyers can be searched by practice area and location.

Read the article as published in San Diego Super Lawyers here.

The San Diego Union Tribune reported that a bus driver was arrested on suspicion of driving under the influence of alcohol Tuesday afternoon in Encinitas. According to the NC Times, a passenger on the North County Transit District (NCTD) bus, which was on route 309 from Oceanside to Encinitas, called the Sheriff's Department after observing the driver making unscheduled stops and pulling over to urinate in the bushes.

Sheriff's deputies stopped the bus at about 4:29 p.m. at 479 Encinitas Blvd. After conducting a field sobriety test, deputies arrested the 40-year-old driver on suspicion of driving a commercial vehicle while under the influence of alcohol. He was booked at the Vista Detention Facility.

The bus driver, David Joseph Costello, is employed by First Transit, a private Ohio-based company contracts with the NCTD and other transit districts across the country for bus drivers. In a statement, the NCTD's executive director said, "We take this allegation seriously, and we will be very aggressive in investigating and taking whatever action is necessary to prevent a reoccurrence of this event."

Continue reading "On-Duty Bus Driver Arrested on Suspicion of DUI in Encinitas " »

A Chula Vista woman died and a San Diego woman suffered very serious injuries Tuesday morning in a horrific head-on collision on California State Route 125, KGTV 10 News reported. The accident occurred on state Route 125, north of Jamacha Road at about 8:40 a.m.

Authorities say that Neydi Arely Ramirez, 25, of Chula Vista, was driving north on the highway when for reasons not known, she lost control of her gold Ford Explorer and crossed the center divide. Her SUV overturned and collided with a silver Chrysler PT Cruiser driven by Theresa Flournoy, 48, of San Diego. The impact of the collision sent the SUV into the path of a marked Border Patrol Jeep Wrangler driven by an on-duty agent.

Ramirez, who authorities say was wearing her seat belt, died at the scene of the crash. Flournoy suffered critical injuries and was airlifted to Mercy Hospital. The Border Patrol agent did not suffer serious injuries. The cause of the accident remains under investigation. A CHP officer said there was no evidence that alcohol or drugs played a role in the June 1st accident.

Continue reading "Chula Vista Woman Killed, Two Others Injured in Head-On Crash on State Route 125 " »

A 35-year-old man was rushed to Scripps Mercy Hospital Saturday morning after being struck by an out-of-control vehicle while jogging in Chula Vista, 10 News reported. The accident occurred on Monday, May 31st, just before 8 a.m. on the south side Telegraph Canyon Road, about 100 yards west of Paseo Ladera.

The San Diego Union Tribune said the jogger, who was not identified, did not see the Nissan Sentra before it came over the curb and struck him. The injured man was taken to the hospital with head trauma and possible bone fractures, but is expected to survive. Police said they are investigating why the driver lost control of the vehicle. Alcohol was not believed to be a factor in the accident, and the driver was not cited or arrested at the scene.

Cause Of the Accident

Based on the limited information provided in news reports, it is not clear why this accident occurred. Authorities are undoubtedly investigating if the driver suffered some sort of medical emergency, or if he or she was distracted by something like a cell phone or the car radio, or if something malfunctioned in the vehicle to cause the driver to lose control of the Sentra.

Jogging Accident Liability Issues

While the incident remains under investigation, the family of the injured jogger would be well advised to talk to a San Diego pedestrian injury lawyer about this incident and the unique legal issues involved. Even if the driver is not cited, if he or she is determined to have caused this crash, the victim may be entitled to compensation for this accident, including medical expense costs, lost earnings or wages, and pain and suffering.

Continue reading "Jogger Struck by Out-of-Control Vehicle in Chula Vista " »

A 28-year-old woman was arrested Saturday on suspicion of driving under the influence after a crash in Chula Vista, the San Diego Union Tribune reported. The accident occurred at the intersection of Fourth Avenue and Main Street at about 12:30 p.m. on Saturday, May 29th. Authorities believe the 28-year-old woman ran a red light, resulting in the collision with a man on a motorcycle. The woman kept driving but was apprehended. The motorcyclist, who was not identified, was taken to a hospital with bone fractures and other injuries. Police found methamphetamine in the woman's vehicle. The cause of the accident remains under investigation.

Personal Injury Liability Issues

Under California Vehicle Code § 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." Leaving the scene of an accident is also against the law. While this incident is under investigation, the family of the man injured in this accident would be well-advised to contact a Chula Vista personal injury attorney who can hold the negligent motorist financially accountable for their loved one's injuries. A DUI motorcycle accident victim attorney can help the family obtain compensation for the victim's medical expenses related to the accident, lost earnings, and pain and suffering.

Continue reading "Motorcyclist Injured After Suspected DUI Crash in Chula Vista " »