December 2010 Archives

December 31, 2010

Elderly Pedestrian Struck by Car in College Area

The San Diego Union Tribune reported an 81-year-old man was seriously injured Thursday evening when he was struck by a car in the College Area. The accident occurred at about 7 p.m. on College Avenue, near El Cajon Boulevard. The pedestrian, an 81-year-old man who was not named, was hit by a Ford Escort driven by a 59-year-old woman. He was taken to a hospital with arm and leg injuries. The woman driving the Ford Escort was not injured. Police did not believe alcohol played a role in the crash.

The San Diego Police Traffic Division is investigating the cause of the pedestrian. Based on the news reports, it is unclear why this accident occurred or whether the driver could have avoided the collision.

Pedestrian Accident Personal Injury Liability

After an accident such as this one on College Avenue, the family members of the injured victim may benefit from speaking to an experienced and knowledgeable San Diego personal injury attorney. If the driver was partly or completely responsible for this injury accident, the victim may be entitled to compensation for his injuries, including medical care and treatment expenses, rehabilitation, pain and suffering, and other damages. A skilled lawyer can review the official accident report, advise the victim and his family of their legal rights and best course of action to recover maximum compensation following this serious injury pedestrian accident.

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December 29, 2010

Motorcyclist Airlifted Following Escondido Accident

golden-circle.jpgThe North County Times reported a motorcyclist was seriously injured in a crash Tuesday afternoon in Escondido. The accident happened at Golden Circle Drive in Escondido at 12:45 p.m. on Tuesday, December, 28, 2010. News accounts of the incident were very limited; it was unclear whether the accident was a solo vehicle crash or if the motorcyclist collided with another vehicle. The NC Times reported the motorcyclist suffered facial injuries in the crash, the cause of which remains under investigation.

Motorcycle Accident Personal Injury Liability

If negligence of another party is determined to be the cause of the injury accident, the injured victim may be entitled to compensation for his injuries, including medical care and treatment expenses, lost earnings, pain and suffering, and other damages. After an accident such as this one, the victim or his family may benefit from talking to an experienced San Diego motorcycle accident lawyer about the crash and the victim's legal rights. A lawyer can also look into the possibility that a dangerous road condition could have been a factor in the crash, in which case the public entity or agency responsible for maintaining the roadway could be liable.

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December 29, 2010

Man Critically Injured in El Cajon Pedestrian Accident

A 48-year-old El Cajon man was very seriously injured when he was struck by a hit-and-run vehicle in El Cajon Monday night, the San Diego Union Tribune reported. The accident happened about 9 p.m. as the man walked across North Mollison Avenue, south of Interstate 8, according to police. The man, who was not identified, was struck by a vehicle believed to be a gray Nissan X-Terra. The SUV did not stop, and continued south on Mollison. A witness followed the vehicle to Madison Avenue, and then lost track of it. Anyone with information about the vehicle or the driver is urged to contact San Diego Police at (619) 441-5559.

We hope the man injured in this accident did not suffer life-threatening injuries and that he is able to make a full recovery. We also hope that the driver is located or contacts authorities soon. Not stopping at the scene of an accident is a serious crime in California. In this situation, and any incident involving injury to another party, the driver had an obligation to stop. If or when the driver is located, depending on the circumstances, he or she could be charged with a felony, regardless of who was at fault for the initial collision.

Hit and Run Accident Personal Injury Liability

Victims of hit-and-run accidents and their family members may benefit from seeking a consultation with an experienced and knowledgeable San Diego personal injury lawyer. An attorney who has represented numerous victims of hit-and-run pedestrian accidents can advise the victim of his best course of action to protect his legal rights, as well as aid in efforts to locate the suspect driver and vehicle. In the event that the driver is not located, a lawyer can also help the victim pursue maximum compensation for his injuries from his own automobile insurance policy, if he had one.

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December 28, 2010

Man on Motorized Wheelchair Struck by Car in National City

paradise-valley.jpgA man riding a motorized wheelchair / scooter suffered a very serious head injury Christmas morning when he was struck by a driver who fled the scene, the San Diego Union Tribune reported. The accident happened on December 25, 2010, shortly after 10:30 a.m. on Paradise Valley Road near East 8th Street. The victim, a 57-year-old man who was not identified, was struck from behind by a burgundy pickup reportedly truck driven by Joshua Becerra, 22, of San Diego. According to the Union Tribune, Becerra stopped "only long enough to remove debris from beneath the truck, then sped off."

Becerra's uncle reportedly called police several hours later, and Becerra was subsequently arrested. The victim was taken to a hospital, where he was reportedly in serious condition.

Cause of the National City Accident

The incident remains under investigation. Based on the news reports, it appears that the driver of the pickup veered off the roadway and struck the man on the shoulder. There is no excuse for not stopping at the scene of an accident. - leaving the scene of the crash is against the law under California Vehicle Code Section 20001(a). Although it is fortunate that Becerra's family contacted police, it is disheartening that this young man left a man seriously injured in the roadway - on Christmas no less.

Hit-and-Run Accident Personal Injury Liability

After any accident resulting in serious injury, the family members of the injured victim would be well-advised to speak with a knowledgeable San Diego personal injury attorney. An experienced lawyer who has represented numerous victims of hit-and-run accidents can advise the victim and his family of their best course of action to protect their rights following this accident, and help them hold the driver financially accountable for medical expenses, any lost earnings, pain and suffering, and other damages.

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December 21, 2010

Teenager Struck by Car at Grossmont Center Mall

A 16-year-old boy suffered a broken leg Saturday evening when he was struck by a car in the parking garage at Grossmont Center, the San Diego Union Tribune reported. The La Mesa pedestrian accident was reported at about 5 p.m. on Saturday, December 18, 2010. According to police, the teenager thought the driver, a 78-year-old man, would stop, and the driver expected the teen to stop.

Pedestrian Accident Personal Injury Liability

Based on the news reports, it is unclear who is responsible for this accident. However, after a car vs. pedestrian accident such as this December 18th accident in La Mesa, the family of the injured teen would be well-advised to speak with a San Diego personal injury lawyer. If it is determined that the driver of the car was negligent and he is found responsible for this pedestrian accident, the injured teenager may be entitled to compensation for his injuries, including medical care expenses, any lost earnings, pain and suffering, and other damages.

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December 18, 2010

Major Injury Head-on Collision Reported on Highway 94

Three adults and a child suffered serious injuries in a head-on collision Friday night, the East County Magazine reported. The San Diego County accident was reported at 7:22 p.m. on Friday, December 17, 2010, on southbound State Route 94 near Otay Lakes Road. Further details were not available; it was unclear why the crash occurred or who was responsible.

Head-on Collision Personal Injury Liability

Head-on collisions have unique legal issues, and the CHP will surely investigate whether one of the drivers was intoxicated, distracted, or even possibly fell asleep at the wheel. In major injury accidents such as this one on Highway 94, it is always advisable for accident victims or their family members to speak to an experienced San Diego personal injury lawyer about the accident and the unique legal issues involved. A skilled attorney can review the CHP report and advise the victims of their legal rights to compensation for medical expenses, lost earnings and pain and suffering.

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December 17, 2010

Teen Hit By Car Critically Injured in Escondido Pedestrian Accident

A 15-year-old boy suffered life-threatening injuries in a pedestrian accident Thursday night in Escondido, the San Diego Union Tribune reported. The major injury accident happened just before 6 p.m. Thursday on Ash Street between Grand Avenue and Palomar Terrace. According to police, the boy was attempting to cross the street when he was hit by a 2002 BMW driven by a 54-year-old San Diego man. He was taken to a hospital where he was reportedly on life support Friday, according to the Union Tribune.

Cause of the December 16th Pedestrian Accident

Escondido police are investigating the incident. Drugs or alcohol did not appear to be a factor in the crash. The driver of the BMW told officers he never saw the boy before he hit him. Police will look at speed, possible driver distraction, and other factors in determining if the driver of the car could have prevented the accident. Anyone who witnessed the accident is asked to call Escondido Police at 760-839-4962.

Pedestrian Accident Personal Injury Liability

After such a serious accident as this December 16th accident in Escondido, the family of the gravely injured teen may benefit from speaking to an San Diego personal injury attorney about the accident and their legal rights. A lawyer who has handled numerous car vs. pedestrian accidents can review the report by law enforcement, and aid the family in determining who was responsible for the incident. If negligence of the driver or any other party caused or contributed to the pedestrian accident, the victim and his family may be entitled to financial compensation for medical care expenses, pain and suffering, and other damages.

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December 15, 2010

Rainbow Man Killed in San Diego County Wood Chipper Accident

wood-chipper.pngA 49-year-old Rainbow man died Tuesday when he slipped into a commercial wood chipper in a Fallbrook avocado grove, the San Diego County Sheriff's Department reported. The accident was reported at 3:20 p.m. on December 14, 2010 in Rainbow, about 40 miles north of San Diego. Prior to the accident, the victim, Martimiano Morales Carreon, had been working to clear trees with his adult son. He reportedly was using his foot to push brush into the chipper when he lost his balance and was pulled into the machine. His son turned off the machine, but Carreon suffered severe injuries and died at the scene of the accident.

What Caused this Accident?

The cause of this accident, which occurred at 9329 Moon Ridge Road in Rainbow is being investigated by the Department of Industrial Relations Division of Occupational Safety & Health (Cal OSHA).

Industrial Accident Wrongful Death Liability

The news reports of this incident raise questions about the adequacy of the product's design. Could the manufacturer of the wood chipper have anticipated this accident could foreseeably happen? Was Carreon properly trained in the use of the machinery? Was the machine properly maintained? It is possible that the family members of Martimiano Carreon may have a valid wrongful death claim and may be entitled to compensation for their loss, including funeral expenses, loss of anticipated lifetime earnings and benefits, and loss of love, care, and companionship of family members. In fatal industrial accidents such as this Rainbow wood chipper accident, the family members of the victim may benefit from speaking to a San Diego wrongful death attorney about the accident and their legal rights and options to pursue compensation for their devastating loss.

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December 14, 2010

El Cajon Man Hospitalized Following Pacific Beach Bar Brawl

bar-west.jpgThe San Diego Union Tribune reported a 21-year-old El Cajon man was hospitalized with "serious head trauma" following a fight outside a Pacific Beach nightclub. San Diego Police said witnesses placed Chargers wide receiver Legedu Naanee at the scene of the fight, which took place at about 2 a.m. Monday morning, outside of Bar West, a club at Hornblend Street and Cass Street. Anyone who witnessed the incident is asked to call the San Diego Police Department's Northern Division at (858)552-1700.

Medical staff told police that it was not clear whether the man's injuries were due to punches or from falling to the ground. The man, whose name was not released, was placed in a medically induced coma at the hospital. The incident remains under investigation.

Chargers officials are looking into reports of possible player involvement. The December 13th fight took place outside of the same bar where last November then-Chargers cornerback Antonio Cromartie was accused of hitting a man on the head with a champagne file. Charges were never filed in that incident.

Potential Personal Injury Liability

Injuries sustained from bar fights have unique legal issues. Seriously injured victims of bar fights and their family members are advised to speak with a San Diego personal injury lawyer as soon as possible. If certain conditions are met, victims may be entitled to financial compensation for their injuries in a personal injury claim against either the attacker or the property owner. Damages the victim may be entitled to may include medical treatment expenses, lost earnings, and pain and suffering.

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December 10, 2010

Elderly San Diego Woman Found Dead; Caretaker Arrested on Suspicion of Elderly Abuse

San Diego police arrested a caretaker on suspicion of elder abuse Thursday after an 83-year-old Palm City woman was found dead in her bathroom. According to 10 News, a relative from Napa contacted police before 11 a.m. to request a welfare check on the elderly woman. Officers went to the woman's home on Citrus Avenue and discovered her body in a bathroom. There reportedly no signs of trauma but elder abuse was suspected. The caretaker, Maria Moore, 70, who lived next door to the victim, was questioned and subsequently arrested on suspicion of elder abuse. She was booked into the Las Colinas jail for women.

Elder Abuse Wrongful Death Liability

Neglect of elderly adults has reached epidemic levels in California. Neglect and abuse is not unique to nursing homes and private care facilities; neglect also takes place in elderly adults' own homes. In tragic situations such as this one, the family of the victim would be well-advised to talk to an elder abuse lawyer about the family's options to pursue justice and hold the perpetrator and any other negligent parties responsible in a wrongful death claim. If the caretaker worked for an agency, the agency may also be financially liable for negligence that resulted in this woman's tragic and lonely death.

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December 8, 2010

Volvo Recalls 7,420 Vehicles to Fix Front Seat Defect

volvo-station-wagon.jpgIn defective product news, the Wall Street Journal reported today that Volvo is recalling certain 2009-2011 vehicles to correct a potential problem with the front passenger seats. According to the company, a detection system on the rails of the front seat may not have been installed correctly, which could cause the seat to move forward beyond the intended limit. This could place the passenger too close to the airbag. In the event of a collision, this would increase the possibility of injury.

About 7,420 vehicles are affected, including S40 and S60 sedans, and V50 station wagons from the 2009 through 2011 model years, and XC60 crossovers from the 2010 and 2011 model years. A date has not been set yet for the recall. Owners can contact Volvo at (800) 458-1552 for additional information.

If you have suffered an airbag-related injury in a collision involving a recalled vehicle, contact an experienced San Diego product liability attorney to discuss your legal rights. You may be entitled to compensation for your injuries from the manufacturer of your vehicle, including medical care expenses, lost earnings, pain and suffering, and other damages. An attorney can review your unique case and advise you of your legal rights and options to pursue compensation following your accident.

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December 6, 2010

At Least One Person Injured in Multi-Car Crash in Escondido

valle-quince.jpgThe North County Times reported at least one person was injured in an intersection crash Monday afternoon in Escondido. The accident happened at the intersection of Valley Parkway and Quince Street at 12:48 p.m. and reportedly involved five vehicles. One person had to be extricated and was taken to an area hospital. Other victims with less serious injuries were treated at the accident scene, according to police.

Why did this accident happen?

The cause of the incident is still under investigation and the North County Times did not say who was at fault. It is not clear in this situation what happened to cause this December 6th Escondido car accident. Police will certainly look at whether drunk driving, speeding, distraction, or other negligence caused this accident, or if the collision was caused by a vehicle defect or even a dangerous road condition. It is also entirely possible that this accident was caused not just by one, but by several drivers.

Escondido Car Accident Personal Injury Liability Issues

After any injury accident involving multiple vehicles, it is always advisable for injured victims or their family members to contact a lawyer. An Escondido car accident attorney - one who has helped hundreds of car accident victims recover the maximum compensation for their injuries - can advise the victims of their legal rights to compensation for medical care expenses, lost earnings or wages, pain and suffering, and other damages following a serious injury accident. Accident victims should always consult with a lawyer first before making a statement to insurance representatives or accepting any compensation from an insurance company.

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December 6, 2010

Several Injured in Head-on Collision on Otay Lakes Road

Another head-on collision on Otay Lakes Road in Chula Vista has sent several people to the hospital, News 8 and 10 News both reported Sunday. The accident happened at about 10:45 a.m. on Otay Lakes Road near Lower Otay Reservoir on Sunday, December 5, 2010. According to CHP reports, a white car travelling at high speeds crossed double yellow lines and collided with a gray SUV. Several people were taken to the hospital with major injuries. Both vehicles had to be towed from the accident scene.

Cause of the Otay Lakes Road Head-on Collision

The cause of the accident remains under investigation. Based on the limited information in news reports, it appears that the driver of the white vehicle may have been speeding, and could be responsible for this accident. Hopefully the investigation by law enforcement will reveal exactly what happened, and who was responsible.

Head-On Collision Personal Injury Liability

In California, victims of auto accidents caused by the negligence of others may be entitled to financial compensation for medical expenses, lost earnings due to not being able to work, and pain and suffering. After any accident resulting in serious injury, it is always advisable for accident victims to speak to an experienced San Diego personal injury lawyer. An attorney can review the cause of the accident and help victims understand and protect their legal rights to compensation for their injuries and other related damages.

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December 3, 2010

7-11 Customer Severely Injured by Car Driving Into Store in San Marcos

san-marcos-7-11.jpgA 7-11 customer suffered a possible skull fracture or serious internal injuries when a Mercury Grand Marquis plowed off the roadway, over a sidewalk, and into a 7-11 convenience store. A customer inside, 31-year-old Carlos Martinez or possibly Carlos Gradilla, who was visiting California from Mexico, suffered severe injuries. The crash happened at the corner of San Marcos Boulevard and Rancho Santa Fe Rd., at about 11 p.m. Thursday, December 2, 2010. The cause of the accident remains under investigation. A phlebotomist was dispatched to the hospital to obtain a blood sample to determine if the driver, Teresa Peterson, was operating under the influence of alcohol or drugs.

Cause of the December 2nd Accident

It is not clear what exactly happened in this incident, and the cause of the San Marcos 7-11 incident remains under investigation. Accidents like this one - where a vehicle plows into a store, restaurant, post office, or any other building or place of business - often occur because either the driver is elderly and mistakes the brake for the gas pedal, or because the driver is drunk. There are also other possibilities, such as a mechanical defect in the vehicle that caused the driver to lose control. Authorities will undoubtedly look at these possibilities and others in determining what happened, and who was responsible.

Personal Injury Liability Issues

As a customer inside the store, the injured victim, Carlos Martinez likely has rights to recover compensation for the serious injuries he sustained in this December 3rd accident. While this accident remains under investigation, the family members of the victim would be well-advised to speak to a knowledgeable San Diego personal injury lawyer as soon as possible. An attorney can aid in the investigation and preservation of evidence, and help the victim recover maximum financial compensation for medical expenses, lost earnings, pain and suffering, and other damages.

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December 2, 2010

Nebraska Missionary Severely Injured in Baja California Head-On Collision with Trophy Truck

An American missionary from Lincoln, NE, suffered severe injuries last month in a devastating accident in Baja California, on the eve of the annual Baja 1000 race, the Lincoln Journal Star reported. The accident, a high-speed head-on collision, happened on November 17, 2010. The victim, James Lamb, 34, had just landed in Mexico and was driving with his brother, Andy Lamb, 33, from their missionary headquarters in northwestern Mexico to Ensenada to get potable water. Minutes after James Lamb started driving up a narrow dirt road, a truck coming the opposite direction slammed into his vehicle at the crest of the hill.

According to Race-Dezert.com, the truck that hit Lamb's minivan was the No. 86 Traxxas trophy truck driven by Mike Jenkins and Josh Baldwin. The speed of the vehicle was not known, but it was reportedly going at about 70% of race pace speed, according to one report. This horrific head-on collision happened the day before the Baja 1000, a thousand-mile off-road race that takes place every year on Mexico's Baja California peninsula. The trophy truck that struck Lamb's vehicle was on a reconnaissance run to prepare for the race.

Moments later after the collision with the trophy truck, a prerunner truck occupied by three U.S. Marines who had served in Afghanistan and a fourth civilian man stopped and rendered aid to James Lamb, who was trapped upside down in the smashed minivan. James' brother Andy suffered much less serious injuries.

The collision crushed both of James Lamb's legs. Lamb, the father of two children, was bleeding profusely, and his left arm was attached to his body by only a tendon. It took two hours until Mexican medics arrived - at which point the Marines told them what to do in Spanish, and even showed them how to use the extrication equipment to free Lamb from the wreckage. The next day, a life-flight jet was able to take James to UCSD Medical Center in San Diego, where he underwent emergency surgery, and began the very long road to recovery.

Accident Personal Injury Liability Issues

It is fortunate that the Marines who stopped at the scene were able to help - they may have indeed saved Lamb's life. However, the reality of this accident is that it caused permanently life-changing, catastrophic injuries. This accident raises a number of questions. Who is going to pay for surgeries, hospitalizations, and the treatment that James Lamb will need for the rest of his life? Is the reckless driver that caused this crash going to be held accountable? Despite the fact that this accident happened in Mexico, and not in the United States, the injured victim and his family likely have some legal recourse to hold the at-fault driver accountable. Lamb and his family likely have the ability to file a claim in the U.S. given that both drivers were U.S. citizens and the Baja 1000 is sponsored by a U.S. based sanctioning body.

In the aftermath of this accident, it would be absolutely advisable for the family of the victim to contact an experienced San Diego personal injury attorney as soon as possible. A knowledgeable attorney can review the very unique legal issues that arise from this devastating accident and advise the family of their best course of action to hold the reckless driver fully accountable for the serious injuries he caused, including medical expenses, loss of earnings, physical pain and emotional suffering, and other related damages.


Sources: The Lincoln Journal Star Online, PickupTrucks.com, Race-Dezert.com

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December 2, 2010

Jury Awards $6.1 Million to Bicyclist Struck by Car in New York

bicycle-messenger.jpgIn personal injury news, a jury in New York has awarded $6,125,000 to a 26-year-old restaurant deliveryman who was struck by a rental car while riding his bicycle and very seriously injured. The bicycle accident occurred on June 4, 2005. The victim, Jing Xue Jiang, was struck by a rental car whose driver, Jamaal Freeman, allegedly ran a red light at the intersection of Halsey Street and Lewis Avenue and Brooklyn. Freeman was allegedly speeding at the time.

As a result of the collision, Jiamg suffered numerous serious injuries, including fractures to his right forearm, left leg, and vertebrae. He also suffered a subarachnoid hemorrhage and concussion, and was hospitalized for two weeks following the accident. The jury rejected the defense attorneys' argument that Jiang could have avoided the accident, and found the defendants - Jamaal Freeman, Dollar Rent a Car, and Rental Car Finance Corp. - liable for Jiang's injuries. The jury's award included $6 million, for past, present, and future pain and suffering, and $125,000 for future medical care costs.

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