San Diego Personal Injury Attorney Blog

The San Diego personal injury lawyers at Estey Bomberger offer a free consultation for anyone who has suffered a serious injury or the death of a loved one in an unexpected accident. This is an invaluable opportunity for potential clients and their family members to meet with a knowledgeable and experienced San Diego personal injury attorney and discuss the liability merits and potential challenges of a case, and get a general idea of how much their case may be worth. Even if a potential client decides to negotiate a settlement on their own with their insurer, the information learned from a meeting with a lawyer can be very valuable. Consultations are offered whenever and wherever is most convenient. Sometimes clients come to our San Diego office; other times, one of our attorneys meets with a potential client at their home or hospital room. In some cases, consultations are done over the phone.

If you have been injured in an accident - or if a loved one has died in an accident, and you would like to know about your legal rights, contact the law firm of Estey Bomberger today. Our team is available 24 hours a day, seven days a week to take your call and answer your questions. With every consultation, there is absolutely no obligation. Our case review gives us an opportunity to share information with you, and determine if we may be able to help you recover monetary compensation for your injuries, or the wrongful death of someone you love. To learn more or to speak to a San Diego personal injury attorney about your potential case, contact us at (619) 312-4399, or fill out our contact form and an attorney will contact you shortly.

Four people were injured early Tuesday morning in a suspected alcohol-related crash in Vista, the North County Times reported. The accident, a solo-vehicle crash, occurred on westbound State Route 78, near Sycamore Avenue, just before 2 a.m. on September 28, 2010. According to news reports, Dante Carrillo, 25, of Oceanside, was driving a 2008 Ford Mustang westbound on the highway when he approached a construction work zone where the two left lanes of the three-lane freeway were closed. Carrillo reportedly swerved into the closed lanes to pass other cars, but lost control and struck the concrete center divider. The impact caused the Ford Mustang to spin out and strike the guardrail on the right shoulder.

Carrillo suffered major injuries, according to the CHP and was taken to Palomar Medical Center in Escondido, along with passengers Leticia Montesinos, 21, and Javvah Shah, 24, both of Oceanside, who suffered injuries ranging from minor to moderate. Another passenger was treated at the scene of the crash. Carrillo was arrested at the hospital on suspicion of felony driving under the influence.

Drunk Driving Accidents and Personal Injury Liability

If news reports of this September 28th accident are accurate, the suspected drunk driver of the Mustang is likely responsible for causing this Highway 78 accident in Vista. If he is determined to be at fault pending the investigation, he may be held financially liable for the injuries sustained by his three passengers. In situations such as this one, where a drunk driver is suspected to have caused a crash resulting in injury, the injured passenger victims would be well-advised to speak to a San Diego drunk driving accident attorney. A skilled lawyer can help the injured victims protect their legal rights so that they may recover the maximum compensation they may be entitled to for their injuries, including medical expenses, lost earnings due to the accident, and pain and suffering.

Continue reading "Four Injured in Suspected DUI Crash on Highway 78 " »

The San Diego Union Tribune reported an 18-year-old Chula Vista woman died Saturday evening in a crash on Interstate 805. The fatal crash occurred on I-805 just south of H Street about 5:15 p.m. Saturday, September 25, 2010. According to news reports, the victim, Eileen Dominique Miranda, 18, was one of several occupants of a sedan that collided with a van and crashed into a ravine. After the collision, the sedan burst into flames. A passerby helped extricate Miranda from the burning vehicle and performed CPR until paramedics arrived and took over. However, Miranda died at the scene of the crash. Six other people were injured in the collision and taken to area hospitals.

Cause of the Interstate 805 Accident

Based on the limited information provided in news accounts of this accident, the cause of the accident is not clear. It was also not clear who was driving the sedan, how fast the sedan was travelling, and why the sedan collided with the van. This accident raises a number of questions about what happened and why, and who was responsible. The investigation by the California Highway Patrol will hopefully provide answers as to what happened and who was responsible for this horrifying crash.

Passenger Fatalities and Wrongful Death Liability

In situations such as this one, where a passenger is the victim of a fatal auto accident, the family members of the victim may benefit from speaking with a knowledgeable San Diego wrongful death attorney. An attorney who understands the unique legal issues of passenger fatalities can help the families understand and protect their legal rights to compensation for their loss in a wrongful death claim, including damages for funeral and burial expenses, anticipated future earnings of the decedent, and loss of love, care and companionship. The injured passenger victims of this crash may also benefit from speaking to a personal injury attorney about their rights to compensation for their medical expenses, lost earnings, and pain and suffering.

Continue reading "Chula Vista Woman Killed in Interstate 805 Accident" »

When another person or party's negligence, carelessness, recklessness or intentional misconduct is the cause of death, family members can file a claim for wrongful death. Wrongful death compensation may be brought for any accidental death. Some of the most common types of fatal accidents that may result in a wrongful death claim include auto accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, big-rig trucking accidents, and deaths caused by dangerous or defective products. The Solana Beach personal injury attorneys at Estey Bomberger represent victims of wrongful death in Solana Beach and throughout San Diego.

Types of Wrongful Death Compensation

Compensation awarded in a wrongful death claim may include final medical expenses, funeral and burial expenses, and economic damages for the loss of financial support provided by the deceased victim. This may include lifetime lost earnings and wages and benefits. Compensation may also be awarded for the loss of services a family member provided - such as cleaning and maintaining the home, or a grandparent providing childcare. In cases involving a death of a child, economic damages may also be awarded for anticipated future earnings the victim would have earned to financially support the family. However, far more significant than the financial loss of a loved one is the loss of companionship. Although in reality no dollar amount can bring a loved one back, substantial non-economic damages may be awarded for loss of comfort and care, companionship and love.

Free San Diego Personal Injury Attorney Consultation

If you have lost a loved one due to an accident that you believe may be caused by someone else's negligent, reckless or intentional actions, contact the Solana Beach accident lawyers at Estey Bomberger today to discuss your potential case and rights to compensation in a wrongful death claim. All consultations are free, and we do not charge any fees unless we recover money for you.

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An elderly Carlsbad woman was taken to the hospital Sunday afternoon after she was struck by a car driven by another elderly woman in Carlsbad. The accident occurred in the 3500 block of Celinda Drive (near Chesnut Avenue), at about 1:15 p.m. According to the Coast News, the initial investigation revealed that an elderly woman was backing a car out of the driveway, while the elderly pedestrian was standing or walking behind the vehicle. As the car went into reverse, the pedestrian was caught between the left rear of the vehicle and another car parked in the driveway. The pedestrian, who was not identified, suffered serious head and torso injuries. She was taken to the football field at Carlsbad High School and flown via air ambulance to Scripps Memorial Hospital in La Jolla.

Personal Injury Liability Issues

Carlsbad Police are investigating the incident. However, if news reports are accurate, it sounds as if the driver of the vehicle may be responsible for this accident. In situations such as this one, where another driver may be responsible for an accident that causes serious injury to a pedestrian, the family members of the injured victim may benefit from speaking to an experienced San Diego pedestrian injury attorney. An attorney experienced in the unique legal issues of pedestrian backup accidents can advise the victim's family of her rights to compensation for her injuries, including hospitalization costs, future medical care, pain and suffering and other related damages.

Continue reading "Elderly Woman Struck by Car Backing Out of Driveway in Carlsbad " »

A 50-year-old Poway woman tragically was killed Sunday afternoon when she was struck by a car while riding a bike in Carlsbad, NBC San Diego reported. The woman, who was not immediately identified, was riding along Rancho Santa Fe Road with her boyfriend, when they crossed three lanes of traffic to make a left turn at Calle Barcelona. The woman reportedly struck a curb on her bike and fell into traffic, where she was struck by a northbound Nissan Sentra. The cyclist was drug several feet and was pinned underneath the vehicle. She died at the scene of the crash.

Cause of the Fatal Bicycle Accident

The Carlsbad Police Department is still investigating the cause of the fatal accident. Based on the news reports, there are more questions than answers as to what happened. Police said the driver of the Nissan tried to stop but could not stop the car fast enough. However, it is unclear how fast the Sentra was going and whether or not the driver was speeding. It is also unclear what caused the cyclist to lose control of her bike and strike the curb.

Bicycle Accidents and Wrongful Death Liability

In situations such as this September 19th bicycle accident, where the driver of a vehicle is involved in a collision that causes death to a cyclist, the family members of the victim would be well-advised to talk to an experienced bicycle accident lawyer. If the driver of the vehicle is responsible or partially at-fault for this accident, she may be liable for the death of the cyclist. An attorney who specializes in bicycle accidents can help the victim's family understand and protect their legal rights following this devastating accident.

Continue reading "Poway Woman Killed in Carlsbad Bicycle Accident " »

An Oceanside man suffered serious, potentially life-threatening injuries Wednesday night when he was struck by a car in a crosswalk, the North County Times reported. The major injury car vs. pedestrian accident occurred at the intersection of Coast Highway and Civic Center Drive at 8:40 p.m. on September 15, 2010. The pedestrian, William Merrick, 53, was crossing the street when a 2006 Chrysler turning from Civic Center Drive onto Coast Highway going south hit him. The driver of the Chrysler, Francisco Arreola, 20, of Camp Pendleton, was not cited at the scene. Authorities said alcohol did not appear to be a factor in the crash. However, the incident remains under investigation. Merrick was taken to Palomar Medical Center in Escondido with very serious injuries.

Cause of the Pedestrian Accident

Oceanside Police are investigating the cause of the crash. Based on the facts reported in the news, it sounds as if the driver of the Chrysler may be responsible for the accident, for failing to yield to the right of way of the pedestrian in the crosswalk. Under California Vehicle Code Section 21950 "Right of Way at Crosswalks" (c), "The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian." This section of the vehicle code gives pedestrians using a crosswalk the right-of-way. However, it should be noted that pedestrians at all times have a duty to use due care for their own safety.

Pedestrian Accidents and Personal Injury Liability

While this September 15th Oceanside pedestrian accident is still under investigation, the family members of the injured victim would be well-advised to speak to a Oceanside personal injury attorney about this pedestrian accident and the unique legal issues involved. If it is determined that the driver of the car is responsible for the accident, he may be liable for the pedestrian's injuries, including medical care costs, lost earnings or wages, pain and suffering or other related damages. A pedestrian injury attorney who has successfully represented victims of pedestrian accidents that occur in marked crosswalks will be able to advise the victim and his family of their best course of action to protect their legal rights to compensation in a personal injury claim.

Continue reading "Oceanside Man Seriously Injured in Pedestrian Accident " »

Six teen boys, all ages 14 and 15, were hurt Wednesday afternoon when a 15-year-old boy took his grandmother's SUV without her permission and took his friends on a high-speed joy ride and crashed, East County Magazine reported. The driver, a resident of Campo who did not have a driver's license or even a learner's permet, reportedly took his grandmother's 2003 white Chevrolet Tahoe SUV without her knowledge and picked up five of his friends at Mountain Empire High School in Pine Valley. The vehicle was apparently travelling at a high rate of speed on Buckman Springs Road when the driver failed to negotiate a curve and lost control of the vehicle. The SUV overturned numerous times before coming to rest on its wheels.

One of the teens was riding in the cargo area of the Chevy Tahoe and suffered serious internal injuries. He was flown by Mercy Air to Rady Children's Hospital. The other teens, including the driver, who all were wearing seat belts, were transported by ambulance to Grossmont Hospital and Alvarado Hospital.

Personal Injury Liability Issues

It is very fortunate for all involved that none of the six young men involved in this accident were killed. Hopefully, this incident will be an example for each of the teens of the dangers of speeding and driving irresponsibly. From a liability standpoint, this accident raises a number of legal questions and possibly complex issues. Ordinarily, the owner of a vehicle is liable for injuries sustained in an accident caused by a driver who had permission to use a vehicle. In some cases involving non-permissive use, negligence of the owner (such as leaving the keys in the ignition) could make the owner of the vehicle liable for the injuries of the five passengers. In situations such as this one, the parents of the injured passengers would be well-advised to talk to a San Diego personal injury lawyer about the Pine Valley accident, and the victims' rights to compensation in a personal injury claim.

Continue reading "Six Teen Boys Injured in Pine Valley SUV Rollover Crash " »

Last Friday, a violent dog attack in Solano County left two Fairfield women with injuries ranging from moderate to serious, Mercury News reported. A 52-year-old woman had been jogging down Pavillion Drive at about 6 a.m. when she was attacked by a bull mastiff, a pit-bull mastiff mix, and an American Bulldog. Neighbors heard cries from the woman and called police, but also took matters into their own hands and shot one of the dogs. The other two dogs went and attacked a 34-year-old woman jogging nearby. The 52-year-old woman was taken by ambulance to Kaiser Permanente Medical Center in Valley, and the 34-year-old woman was taken to NorthBay Medical Center in Fairfield. Animal Services rounded up the dogs, who were to be euthanized.

The September 10th Fairfield incident is a reminder of the seriousness of dog attacks. While the vast majority of dogs are sweet and loving companions, some dogs are inherently aggressive, or are trained by their owners to be vicious. In California, in every situation, the owner of the dog is responsible for injuries sustained when a dog attacks. California Civil Code Section 3342(a) makes the owner of a dog strictly liable for damages suffered by a person who is bitten by that dog in a public place or lawfully in a private place.

What to Do After a Dog Bite Attack

The San Diego dog bite lawyers at Estey Bomberger are frequently contacted by victims of dog bites in San Diego County and throughout California. We have handled numerous dog bite claims, many of which involved young children who were victims. We have also represented joggers, couriers, and postal workers who have been attacked and sustained serious injury. When victims and their families contact us shortly after an accident, we are able to help the victims gather information, and preserve evidence valuable to a personal injury claim, so that ultimately we can recover the maximum compensation our clients are entitled to for their medical expenses, lost earnings, and pain and suffering. Many prospective clients ask us - what should they do after a dog attack? Below are the steps you should take if you or your child has been bitten by a dog.

Get medical attention as soon as possible. Even if a dog's bite does not appear life-threatening, dog bites may carry diseases that could cause an infection. Do not waste any time in going to an emergency room or urgent care center. If the bite causes severe bleeding, call 911. Seeking medical treatment is recommended both for your own well-being as well as documenting the extent of your injuries, should you wish to pursue a claim.

Identify the Dog (And its Owner). If you are able to, or if you are not ask someone to help you, write down the name, age, breed, and gender of the dog. Also get the contact information of their owner: their name, address, telephone number and their home owner's insurance policy information. If the dog's owner cannot be located, note the date, time, and exact location of the accident, and a general description of the dog.

Contact Police / Animal Control.
It is important that any serious dog attack or mauling be reported to your local police, sheriff or animal control agency. This creates a legal record of the event.

Document Your Injuries.
If possible, take photographs of all injuries and damage caused by the attack. Keep records of your medical treatment and how your injuries have affected you. How has your life changed because of your injuries? What future medical treatments (i.e., plastic surgeries) does your doctor recommend?

At Estey Bomberger, we understand the many concerns of dog bite victims. If you or someone in your family has suffered serious injuries because of a dog bite, contact us for a free, no-obligation consultation. Our San Diego dog bite injury attorneys available to discuss your case 24 hours a day, 7 days a week. Visit our website to see our dog bite video testimonials and dog bite video questions.

Continue reading "San Diego Dog Bite Injuries and Victims' Rights " »

A man who had been driving a Saturn was taken to a hospital with potentially life-threatening injuries following a three-car crash in Escondido on Sunday afternoon. Five other people were hospitalized with injuries ranging from minor to serious, the North County Times reported. The three-vehicle collision occurred at the intersection of El Norte Parkway and East Valley Parkway at about 1 p.m on Sunday, September 12th. According to news reports, the crash involved an eastbound Cadillac Escalade that broadsided a westbound Saturn sedan. A Toyota Highlander stopped in westbound lanes, was struck by the wreckage.

The male driver of the Saturn suffered the most serious injuries and was hospitalized in critical condition. Three other occupants of his vehicle suffered minor to serious injuries and were taken to the hospital. The female driver of the Cadillac suffered a broken foot and a male passenger in her vehicle complained of pain. The occupants of the Toyota did not go to the hospital, but reportedly complained of pain. According to police, alcohol was not suspected to be a factor in the crash.

Multi-Vehicle Accidents and Personal Injury Liability

Based on the very limited information provided by the North County Times, it is not clear who was at fault for this collision. Officers believe one of the parties likely ran a red light, but based on news reports, it is not clear which vehicle may have violated the other's right-of-way. In situations such as this one, where the cause of a crash is not clear, injured victims and their families would be well-advised to consult with an experienced and knowledgeable San Diego car accident attorney about their rights to compensation in a personal injury claim. While the incident remains under investigation, a lawyer can help the injured victims protect their legal rights to ensure they receive the maximum compensation they may be entitled to for medical expenses, lost earnings, and pain and suffering as a result of this September 12th Escondido car accident.

Continue reading "Serious Injuries Reported in Crash on El Norte Parkway in Escondido " »

A 54-year-old Ramona man tragically died Saturday night after he was struck by a Toyota 4Runner driven by a suspected drunk driver in Ramona, San Diego 6 News reported. The accident fatal occurred at 8:50 p.m. while the cyclist , David Bruce Menea, was crossing Main Street (SR-67) near Kalbaugh Street. According to news reports, the driver, Suzanne Reed, 32, allegedly struck the victim while he was crossing the street. After striking Menea, Reed struck a parked Volkswagen and pushed it inside of a liquor store. Two passengers in the parked Volkswagen suffered minor injuries, and a woman inside the store suffered cuts to her leg. Menea died at the scene of the accident.

Cause of the Fatal Bicycle Accident

The CHP is investigating the cause of fatal September 11th bicycle accident. There were reports that Menea was not crossing the road legally when the crash occurred. However, the driver of the SUV was arrested on suspicion of driving under the influence of alcohol. She is scheduled to be arraigned in Superior Court in El Cajon at 1:30 p.m. on Wednesday, Sept. 15.

Wrongful Death Liability

Bicycle accidents such as this one have unique legal issues. Based on the limited information provided in news reports, it is not clear what exactly happened. In situations such as this one, the family members of the victim killed would be well advised to speak to an experienced DUI bicycle accident attorney. Even if the cyclist is partially at fault, his family may still be entitled to compensation for their loss in a wrongful death claim against the driver, or any other party partially responsible for this fatal accident. A skilled lawyer can help the victim's family understand and protect their legal rights while the cause of the bicycle accident remains under investigation. Damages that may be awarded in a wrongful death claim include compensation for funeral and burial expenses, lost earnings and benefits, and loss of love, care and companionship of family members.

Continue reading "Bicyclist Struck and Killed by Suspected Drunk Driver in Ramona " »

A 61-year-old Escondido man died early Saturday morning, about six hours after he was struck by a Ford Ranger pickup truck while crossing the street, 10 News reported. The victim, Roger Emil Minx, 61, was crossing E. Valley Parkway near Fig Street in a motorized wheelchair when he was struck by the pickup truck. The accident occurred around 7:45 p.m. Minx was taken to Palomar Medical Center where he died around 2 a.m.

Cause of the Fatal Pedestrian Accident

The cause of the September 10th fatal Escondido pedestrian accident is under investigation by the Escondido Police Department. The agency is asking anyone with information about the crash to contact Officer David Zacchilli at (760) 839-4930. Based on the limited information in news reports, it is unclear what exactly happened in this accident. At this point, there are more questions than answers. How fast was the pickup truck travelling? Was Minx crossing the street in the intersection or near it? Who had the right of way? Was the driver of the pickup truck impaired? The North County Times reported that there were indications that the driver involved had been drinking or was otherwise impaired. However, other news outlets, including 10 News and Fox 5 said there was no indication that the driver was impaired.

Fatal Pedestrian Accidents and Wrongful Death Liability

In situations such as this fatal September 10th accident in Escondido, where the cause of a fatal crash is unclear, the family members of the victim would be well-advised to speak with an knowledgeable San Diego wrongful death lawyer about the incident and the unique legal issues involved. If the driver of the pickup truck was responsible for this accident, he may be liable for the death of the pedestrian, including final medical bills, funeral and burial expenses, lost income or benefits of the decedent, and loss of love, care and companionship. An attorney who has handled dozens of fatal pedestrian accidents will be able to advise the victims family of their legal options should they wish to pursue a claim, and their best course of action to protect their rights.

Continue reading "Man Crossing Street Struck and Killed in Escondido " »

In the testimonial video below, our former client Allan speaks about his experience with the San Diego dog bite lawyers at Estey Bomberger, and how they helped his family after his daughter was bitten by a dog.

Who is Responsible for a Dog Bite?

California Civil Code Section 3342(a) makes the owner of a dog strictly liable for damages suffered by a person who is bitten by that dog in a public place or lawfully in a private place. To learn more about your legal rights after a dog bite, including the legal obligations of the dog bite owner and the types of compensation you may be entitled to, contact the San Diego personal injury lawyers at Estey Bomberger today for a free consultation and review of your potential case.

Two women reportedly suffered major injuries Tuesday morning in a head-on collision in Rancho Santa Fe, the North County Times reported. The two-vehicle accident occurred on Via De La Valle near the intersection of Calzada del Bosque at 11:31 a.m. on September 7, 2010. Firefighters from the Rancho Santa Fe Fire Protection District responded and found two female drivers trapped in their vehicles with major injuries. Both women, who were not identified, were extricated and separately flown to Scripps Memorial Hospital in La Jolla. The cause of the head-on collision is under investigation by the California Highway Patrol.

Cause of the Rancho Santa Fe Head-on Collision

Based on only limited information provided in news reports, it is not clear why this head-on crash occurred or who was responsible. Usually, when head-on collisions occur, one of the drivers is responsible for leaving their lane and entering oncoming traffic, either because they were distracted by something, impaired by alcohol, medication, or drugs, or because they fell asleep at the wheel. It is also possible that a driver suddenly swerved to avoid something in the road, or something malfunctioned mechanically in their vehicle to cause loss of control. Excessive speed can also be a factor in head-on collisions. Hopefully, the investigation by the CHP will provide answers as to what happened and why.

San Diego Car Accidents and Personal Injury Liability

If one of the drivers is determined to be at-fault for this serious injury accident, she may be liable for the injuries sustained to the other driver. While the cause of the crash remains under investigation, the family members of the injured victim may benefit from consulting with an experienced and knowledgeable San Diego personal injury attorney. A lawyer who has successfully represented numerous victims of head-on collisions in San Diego County can help the victim and her family undertand and protect her legal rights to ensure maximum compensation is recovered for injuries, medical expenses and pain and suffering as a result of this September 7th accident.

Continue reading "Rancho Santa Fe Head-on Collision injures Two Women " »

A head-on crash on Interstate 8 near Westside road in El Centro left a 54-year-old Brawley man with multiple broken bones, KXO Radio reported. The two-vehicle accident was reported shortly after midnight on Monday, September 6th. According to the CHP, Clemente Hernandez, 54, of Brawley was driving eastbound on Interstate 8, while Devin Debrow, 23, of Show Low, AZ, was driving westbound. For reasons still unknown, Denbow drove off the roadway and onto the right shoulder, and then travelled across both westbound lanes, across the center divider, where it overturned several times. Denbow's vehicle continued into eastbound lanes where it collided with Hernandez's vehicle head-on. Denbow suffered minor injuries. A passenger in his vehicle was reportedly not hurt. Hernandez suffered multiple broken bones and was taken to El Centro Regional Medical Center.

Cause of the Interstate 8 Crash

The California Highway Patrol is investigating the cause of the Interstate 8 injury crash. If news reports are accurate, it appears that Hernandez was not responsible for this accident. The CHP is investigating what caused Denbow to lose control of his vehicle and cross end up in the eastbound lanes of Interstate 8.

Car Accident Personal Injury Liability

In situations such as this Labor Day car accident, where another party may be responsible for an accident resulting in serious injury, injured victims and their families are well-advised to consult with an experienced California personal injury lawyer. An attorney who has represented victims of head-on collisions on Interstate 8 can advise the victim of his unique legal rights following this accident, and help him recover the maximum compensation he may be entitled to for his serious injuries, including medical expenses, lost earnings, and pain and suffering. In the event that the driver responsible for this accident was not insured or did not have adequate insurance coverage, a skilled personal injury lawyer may be able to help the victim recover compensation from his own automobile insurance policy, if he had one.

Continue reading "Brawley Man Injured in Head-On Crash in El Centro " »