February 2011 Archives

February 28, 2011

Pedestrian Struck and Killed on Interstate 805 On-Ramp

universityave-805.jpgNORTH PARK - A 48-year-old man tragically died early Sunday morning, shortly after he was struck by an out-of-control BMW on the University Avenue on-ramp to northbound Interstate 805. According to 10 News, the victim, was struck by the vehicle at 6:27 a.m. and taken to Scripps Mercy Hospital, where he died at 7:12 a.m. The incident remains under investigation. The victim's identity has not yet been released by the San Diego County Medical Examiner.

Cause of the Fatal Pedestrian Accident

The news reports of this incident raise a number of questions about why this accident occurred. What caused the driver of the BMW to lose control of his vehicle? Was he speeding, distracted or driving under the influence? It is unclear whether alcohol or drugs possibly played a role in the fatal pedestrian accident.

Pedestrian Accident Wrongful Death Liability

Hopefully, officials investigating this accident will be able to determine what happened. If the driver of BMW is determined to be responsible for this February 27th fatal pedestrian accident, he or she may be liable for the wrongful death of the victim. While this incident remains under investigation, the family members of the victim would be well-advised to speak with an experienced and knowledgeable San Diego pedestrian accident lawyer. An attorney who has represented numerous victims of fatal pedestrian accidents can make sure the family's legal rights are protected to hold the driver, or whoever is responsible for their loss, accountable.

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February 28, 2011

City of Carlsbad Agrees to $2.9 Million Settlement for Motorcycle Accident

LA COSTA - In personal injury news, the city of Carlsbad has agreed to a $2.9 million settlement with a motorcyclist who suffered a traumatic brain injury in an accident on La Costa Avenue on December 31, 2008. According to the North County Times, the accident from which the suit arose occurred when the motorcyclist, Frank Gaetani, collided with a Lincoln Navigator that was pulling out of a residence on La Costa Avenue.

In February 2009, Gaetani filed a lawsuit against the city of Carlsbad, alleging that the city was aware of problems on the busy commuter route, but had failed to address them. Residents of La Costa Avenue have long campaigned for the city to rework the roadway and reduce the 45 mph speed limit. Last week, the city installed signs on La Costa Avenue alerting motorists that they are "entering a residential area" and to "watch for driveways."

The driver of the Lincoln Navigator had previously reached a settlement with the victim, who suffers from permanent brain damage. The city will pay $500,000 of the $2.9 million motorcycle accident settlement. The remainder $2.4 million will be covered by the city's insurance company, Everest National Insurance Co.

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February 24, 2011

Three People Injured in Head-on Collision on South Mission Road

missionroad.jpgFALLBROOK - A head-on collision Wednesday afternoon left two people with potentially life-threatening injuries, and a third person with serious injuries, the Fallbrook Village News reported. The accident, which involved a Ford F150 pickup truck and a Mitsubishi sedan, was reported at 3:32 p.m. on Wednesday, February 23, 2011. The driver of the Ford, Joel Rivera, 32, was travelling northbound on South Mission Road when he fell asleep at the wheel near Big Oak Ranch. His truck swerved into oncoming traffic and collided head-on with the Mitsubishi sedan occupied by Eugene Bagwan, 55, of Lancaster, and Ricardo Totanes, 66, of Fallbrook. Both Bagwan and Totanes suffered life-threatening injuries. Totanes was flown to Scripps Memorial Hospital La Jolla. Bagwan and Rivera were taken by ambulance to the Trauma Center at Palomar Medical Center in Escondido.

Cause of the February 23rd Crash

The California Highway Patrol (CHP) - the agency investigating the collision - told the Village News that the driver of the Ford fell asleep at the wheel. Although the official cause of the crash is still under investigation, if news reports are accurate, the driver of the Ford is likely responsible for the collision. The CHP will surely look into why the 32-year-old driver fell asleep. Did he suffer from a medical condition, was he working too many hours, or was he under the influence of alcohol or impaired by drugs? Hopefully, the investigation will reveal exactly what happened, and why.

San Diego County Car Accident Injury Liability

If the driver of the Ford is determined to be responsible for this violent crash, he may also liable for the serious injuries sustained by the two occupants of the Mitsubishi sedan. If the pickup truck driver was working when the accident occurred, his employer could also be responsible. After a major injury collision such as this one on South Mission Road, the family members of the two badly injured men would be well-advised to speak with a knowledgeable and experienced San Diego car accident attorney. A skilled lawyer can help the victims and their families understand and protect their rights to be compensated for their serious injuries, including present and future medical care expenses, lost earnings, loss of earning capacity, pain and suffering, and other damages.

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February 20, 2011

Passenger Injured Saturday Morning in Interstate 805 Crash

BONITA - A three-vehicle crash Saturday morning on Interstate 805 left one person injured, 10 News reported. The collision was reported on northbound I-805 near the Bonita Road interchange at about 9:30 a.m. on February 19, 2011. According to a San Diego Fire-Rescue Department dispatcher, a car skidded out of control and overturned in the freeway. A passenger in the vehicle was taken to a hospital with non-life-threatening injuries. It was reportedly raining at the time of the crash, although it was unclear if weather conditions played a role. The cause of the Bonita car crash remains under investigation by the California Highway Patrol.

Car Accident Personal Injury Liability

A passenger injured in a car accident may be entitled to recover compensation for their injuries from the driver of the vehicle that is responsible from the crash. In multi-vehicle accidents, if multiple parties contributed, a claim may be filed against multiple parties. When liability is disputed, claims arising from multi-car accidents can be complex. After an accident such as this February 19th crash in Bonita, where multiple cars are involved, the injured passenger or his or her family would be well-advised to speak with a San Diego car accident lawyer about the crash and the victim's rights to recover damages for medical expenses, lost earnings, pain and suffering, and other damages. In a free consultation, a knowledgeable personal injury attorney can review the accident report and advise victims of the best course of action to protect legal rights and recover maximum compensation.

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February 16, 2011

Two People Hurt In San Marcos Pedestrian Accident

restaurantrowsanmarcos.jpgSAN MARCOS - The North County Times reported two people were hurt Tuesday night when a car struck a pedestrian in San Marcos' Restaurant Row. The accident was reported outside of Old California Coffee House at 7:21 p.m. on Tuesday, February 15, 2011. One of the victims, a woman, was reportedly unconscious and bleeding from the back of her head. Further details about what happened were not immediately available. The cause of the accident is under investigation by the San Diego Sheriff's Department.

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February 15, 2011

Update: Stingaree Taxi Incident Remains Under Investigation

investigationstingaree.jpgWe are learning more about the incident early Saturday morning outside the Stingaree nightclub that left several dozen people injured.

Although it was previously reported that 23 people were hurt, it has now been revealed that 35 were actually injured.

NBC San Diego News reported the driver behind the wheel of the Emerald Cab was Sam Hassan Daly, 52, an immigrant who had worked as a dermatologist in his native Egypt before coming to San Diego several years ago.

It is not clear if Daly was a diabetic, however, San Diego 6 News reported Daly's roommate told them that Daly had recently changed medications and that made him very sleep and fatigued. A man who identified himself as Daly's best friend told CBS 8 he believes Daly is a diabetic.

Court records revealed Daly received citations in 2004 for driving on the wrong side of the road, and in 2006 for leaving the scene of an accident. He also was issued a ticket last year for running a stop sign. That violation is still pending.

Police served a search warrant at Daly's home and seized medication, an iPhone, Arabic writing, a final notice for water bill, passport, a laptop computer, hard drives, flash drives, and a digital camera.

Daly has not been charged in this accident. However, that could change, pending the investigation. If it is determined that Daly was under the influence of prescription medications that caused him to fall asleep, he could be charged with a DUI.

Estey Bomberger is closely monitoring this accident and the investigation. We have already spoken with a number of people involved in this accident. If you were injured in this taxi crash outside Stingaree and would like to know more about your legal rights to be compensated for your injuries, contact us for a free consultation today.

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February 15, 2011

Elderly Man Dies After Being Struck by Pickup in Ramona

main-seventh.jpgSAN DIEGO COUNTY - An 85-year-old Ramona man tragically died of his injuries on Saturday, February 12, 2011, one day after he was hit by a pickup truck in Ramona, the Ramona Sentinel reported. The car vs. pedestrian accident occurred at 7:47 a.m. on February 11, 2011, at the intersection of Main Street (State Route 78) and Seventh Street. The victim, Manuel Alba, 85, suffered broken ribs, a fractured pelvis, and a major head injury. He was airlifted to Palomar Medical Center where he died Saturday. The cause of the fatal Ramona pedestrian accident is under investigation by the California Highway Patrol - El Cajon office.

Cause of the Ramona Pedestrian Accident

The CHP reported that Alba was walking northbound on Seventh Street crossing Main Street on a green light. At the same time, Kenneth Moryko, 24, of Ramona, was driving northbound on Seventh Street in a Ford F250 pickup truck towing a wood chipper. He turned southbound onto main on a green light. Reportedly due to the sun in his eyes, he failed to see Alba and struck him.

Ramona Pedestrian Accident Wrongful Death Liability

If news accounts are accurate and Moryko failed to yield to the right-of-way or Alba, he may be responsible for this fatal pedestrian accident. If this accident happened while the driver of the pickup truck was on the job, the driver's employer may also be liable for the victim's wrongful death. After an accident such as this one, the family members of the victim may benefit from speaking with a California wrongful death lawyer about the incident and the victim's rights. A skilled and knowledgeable attorney who has represented numerous victims of Highway 78 accidents can review the accident report and advise the victim's family of their legal rights and options should they wish to pursue a wrongful death claim.

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February 14, 2011

Poway Man Killed in Ford Explorer Rollover on I-15

i15miramesa.jpgMIRA MESA - A Ford Explorer rollover accident killed a 30-year-old Poway man early Sunday morning on Interstate 15, the San Diego Union Tribune reported. The victim, Valente Martinez, was the driver and sole occupant of a 1997 green Ford Explorer heading southbound on I-15, just north of the Mira Mesa Boulevard overpass at about 1:45 a.m. on Sunday, February 13, 2011. For reasons not known, Martinez lost control of the SUV, which overturned and partially ejected Martinez through the driver's side window. Martinez, who authorities say was not wearing a seat belt, suffered a major head injury and died at the scene of the crash.

Cause of the I-15 SUV Rollover Accident

The California Highway Patrol is the agency investigating this fatal crash. Based on the very limited information provided in news reports, it is impossible to determined what caused this crash to occur. The CHP will surely look into whether Martinez fell asleep, was driving under the influence, or if he was distracted. It is also possible that a defect in a tire may have caused Martinez to lose control of the SUV. An inspection of the vehicle may reveal clues into what happened and why.

SUV Rollover Wrongful Death Liability

Without more information, it is impossible to tell why this accident occurred and who was responsible. SUV rollover accidents - particulary accidents involving Ford Explorers - have unique liability issues. If the accident was caused by a defect in the vehicle, the family members of the victim may pursue a wrongful death claim against the manufacturer of the vehicle or vehicle part that is determined to have caused the crash. After an accident such as this one, the family members of the victim would be well-advised to speak to a San Diego SUV rollover lawyer who has represented numerous victims of Ford Explorer Rollover accidents. An attorney familiar with the unique legal issues of For Explorer rollovers can review what happened and advise the family of their potential legal rights in a wrongful death claim.

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February 14, 2011

Chula Vista Shipyard Worker Gravely Injured in Industrial Accident

CHULA VISTA - An accident Sunday evening at a Chula Vista shipyard gravely injured a 33-year-old man, San Diego 6 News reported. The incident occurred at about 6 p.m. on February 13, 2011 at the Marine Group Boat Works near G Street and Marina Parkway. The man, who was wearing a hard hat, was working with a crew to disassemble a 124-foot long barge when a beam somehow fell on his head and face, slicing his trachea. The victim was taken to UCSD Medical Center with life-threatening injuries.

Workplace Accident Personal Injury Liability

Safety at the workplace is so important. When accidents like this one occur, questions are raised regarding why an accident occurs and who is responsible. When accidents result from insufficient training, or inadequate supervision or other negligence, injured victims and their family may be entitled to compensation for their medical expenses and other damages. After a major injury accident such as this one, the victim's family would be well-advised to speak with an experienced California workplace injury lawyer about the accident and their best course of action to protect their legal rights.

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February 13, 2011

Cyclist Killed by Dozing Street Sweeper Near Clairemont

genessee-clairemont.jpgSAN DIEGO - A 44-year-old cyclist was very tragically killed Friday afternoon when he was struck by a street sweeper, whose 77-year-old driver reportedly fell asleep at the wheel. The fatal car vs. bicycle accident was reported at 5:20 p.m. on Genesee Avenue at Lehrer Drive, on Friday, February 11, 2011. According to police, the cyclist, identified by the San Diego County Medical Examiner's Office as Suntat Peverley, was riding southbound on Genesee when the street sweeper, who was driving near the cyclist fell asleep and struck the rear of the bicycle. Peverley, who was wearing a helmet, was ejected from his bike onto the pavement and suffered a skull fracture and massive brain damage. He was rushed to a local trauma center, where he died Friday evening.

Cause of the Bicycle Accident

If news reports by the San Diego Union Tribune and Fox 5 are accurate, this crash was likely caused by the driver of the street sweeper, who police say fell asleep at the wheel. The incident remains under investigation by the San Diego Police Department Traffic Division. At this point, alcohol was not a factor in the collision. The cyclist was in the bike lane when he was struck, and likely could have done nothing to prevent this collision.

Wrongful Death Liability Issues

This accident raises a number of questions about the city's possible role in this accident. Street sweeping services are managed by the City of San Diego, which is one of the few cities of its size that still sweeps residential areas. Because the driver fell asleep fell asleep at the wheel at 4 o'clock in the afternoon, the hours worked by this 77-year-old street sweeper is a concern. Was he working more hours than he was capable? Given his age, was he even capable of operating a large vehicle like a street sweeper? Had the driver ever been involved in other accidents before?

After an accident such as this one, the family members of the victim may benefit from speaking to a San Diego bicycle accident attorney about the unique liability issues involved. An attorney who specializes in cycling accidents and who is also a cyclist himself will be able to offer unique perspective and understanding in the complex wrongful death liability issues arising from devastating accidents such as this one in Clairemont. It is important to note, in any incident where a government entity (such as a city) may be liable for the death of someone else, a claim must be filed within 180 days from the date of the accident. For that reason, and in the interest of preserving evidence, it would be advisable to speak with a lawyer as soon as possible.

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February 12, 2011

Twenty-Five Injured Early Saturday When Taxi Crashes into San Diego Crowd

6th-island.jpgGASLAMP DISTRICT - Twenty-five people were injured, including a young woman who had her leg severed - when a taxi driver drove his Emerald Taxi cab into a crowd of people that had just exited the upscale nightclub Stingaree early Saturday morning, 10 News and multiple other media outlets reported this morning. According to Channel 6 News, the cab driver reportedly told police that he "may have fallen asleep at the wheel," and alcohol was reportedly not a factor. Twenty-three people were taken to area hospitals following the incident, which occurred at 1:54 a.m. at 6th Avenue and Island Avenue.

Cause of the February 12th Gaslamp District Accident

San Diego police are continuing to investigate this incident outside Stingaree. Anyone with information is asked to call San Diego Crime Stoppers at (858) 540-8477. If news accounts are true, the cab driver is likely at fault for this incident. Police may also investigate whether the cab was properly maintained and serviced. If negligence of the cab driver or taxi company is confirmed to be the cause of the crash, the taxi company may be financially liable for the serious injuries sustained by the victims.

Taxi Accident Personal Injury Liability

The victims of this accident would be well-advised to speak with an experienced and knowledgeable personal injury attorney as soon as possible, before speaking with insurance companies or other representatives of the involved parties. The San Diego personal injury lawyers at Estey Bomberger have represented numerous victims of taxi cab accidents, and are familiar with the unique liability issues arising from accidents involving taxi cabs. If you or a member of your family was hurt in this February 12th Gaslamp accident and you would like to know more about your legal rights to recover compensation for your injuries, call Estey Bomberger at (619) 312-4399. All consultations are free, with no obligation.

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February 9, 2011

Four People Hurt in Suspected DUI Crash in San Diego

sixth-a-downtown.jpgDOWNTOWN SAN DIEGO - Four people were hurt Friday night in a suspected DUI intersection crash at Sixth Avenue and A Street, the San Diego Union Tribune reported. The February 4th accident was reported at 9:08 p.m., and involved a Honda Accord being pursued by the California Highway Patrol and a Toyota Matrix. Prior to the crash, the CHP began pursuing the Honda on Interstate 8. The pursuit continued to south state Route 163. The driver reportedly yielded along the 163, and the CHP officer directed the driver to take the University Avenue offr amp in Hillcrest. The driver of the Honda then fled to Sixth Avenue, and collided with the Toyota at A Street downtown.

A passenger in the Honda and the driver of the Toyota both suffered major injuries. Two passengers in the Toyota suffered less serious injuries. The driver of the Honda was arrested on suspicion of driving under the influence and felony evading and resisting arrest. The cause of the accident remains under investigation.

DUI Accident Personal Injury Liability

Dozens of people are seriously injured or killed everyday in accidents caused by drunk drivers in California. If news accounts are accurate, the victims of this accident may be able to recover compensation for their injuries from the drunk driver, or in the event that he was uninsured, from their own insurance policy. After a suspected alcohol-involved collision such as this on February 4th, the injured victims would be well-advised to consult with a San Diego drunk driving accident lawyer about their legal rights and options to be compensated for their injuries, including medical care, lost earnings, pain and suffering, and other damages.

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February 7, 2011

Escondido Teenager Seriously Injured by Hit and Run Driver

washington-juniper.jpgA hit-and-run collision last week involving a hit-and-run driver left a 14-year-old boy with very serious injuries, the Escondido Police Department reported Monday in a press release. The car vs. pedestrian accident occurred on February 2, 2011, at about 2:45 p.m. According to reports, a 14-year-old boy was walking in the area of Washington Avenue (Route 78), between Hickory and Juniper, when he was struck by a white vehicle. The passenger side mirror from the vehicle, which was possibly a Nissan Maxima, was left in the roadway. The boy is hospitalized at Children's Hospital, where he is reportedly in "very serious" condition. Anyone with information about the incident or the driver involved is asked to contact Office Michael Guerrero at (760)839-4470 regarding case #11-1559.

Fleeing the Scene of a Car Accident

It is against the law - not to mention heartless - to flee the scene of an accident resulting in injury. Under California Vehicle Code Section 20001 (a): "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." For the sake of the victim and his family, we hope the driver involved in this collision contacts the Escondido Police Department or is located by authorities soon.

Liability for Hit-and-Run Accidents

Following a tragic incident such as this one, it would be advisable for the family members of the injured boy to contact a knowledgeable San Diego personal injury lawyer who can ensure the victim and his family's legal rights to compensation for medical expenses and other damages are protected. An Escondido personal injury attorney can closely monitor the investigation and efforts to locate the suspect driver, so that he or she may be held accountable for the injuries suspected to have resulted from this collision. In the event that the driver is not located, an experienced lawyer can advise the family how their own automobile insurance policy might apply, if they had one.

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February 7, 2011

Pedestrian Seriously Injured in Midway District

lytton-midway-district.jpgMIDWAY DISTRICT - A 25-year-old woman suffered severe, possibly life-threatening injuries Sunday night when she was struck by a Toyota 4Runner in the Midway District, 10 News reported. According to news reports, the victim, who was suspected to be under the influence of alcohol, attempted to cross the street in the 2700 block of Lytton Street when she was struck by a Toyota 4Runner. The woman, who wasn't identified, suffered several skull fractures and a severe brain injury. The pedestrian accident was reported at about 7:35 p.m. Sunday.

Pedestrian Accident Personal Injury Liability

Based on the information provided, it is unclear what exactly happened; the cause of the February 6th Midway District pedestrian accident remains under investigation by the San Diego Police Department. It is unclear how fast the 4Runner was travelling when the collision with the pedestrian occurred. If police determine that the driver of the 4Runner is responsible for this collision, the injured victim may be entitled to damages for her injuries and medical expenses in a personal injury claim. While this incident remains under investigation, the family members of the severely injured victim would be well-advised to speak with a San Diego pedestrian accident lawyer about the accident and the unique legal issues involved.

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February 5, 2011

Child Struck by Car in El Cajon

A child suffered "significant and serious injuries" Saturday morning after being struck by a vehicle in El Cajon, the El Cajon Police Department reported in a press release. The accident occurred in the 1300 block of Melody at 10:37 a.m. Saturday, February 5th. According to reports, the motorist was travelling eastbound on Melody when the pedestrian left the sidewalk and entered traffic. The young pedestrian was taken to Children's Hospital. The cause of the accident remains under investigation, and anyone with information is encouraged to contact Investigator Brian Ehlers with the El Cajon Police Department Traffic Division at 619-441-5557. Speed was reportedly not a factor in the collision.

Pedestrian Accident Liability

If police determine that the motorist is responsible for the collision, the injured pedestrian may be entitled to compensation for his or her injuries in a personal injury claim. Damages may include medical care and treatment expenses, as well as pain and suffering. Following a major injury pedestrian accident such as this one, where the cause remains unclear, the parents of the injured child would be well-advised to contact a San Diego pedestrian accident lawyer about the accident and the liability issues involved. An experienced and knowledgeable attorney can review the accident report and advise the victim's family of their legal rights and best course of action to protect them.

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February 3, 2011

Woman Run Over by Car In San Marcos Mobile Home Park

elnorteparkway.jpgA woman was hospitalized with serious leg injuries Wednesday night after she was run over by a car in the parking lot of a San Marcos mobile home park, 10 News and the North County Times reported. The accident was reported at 8:44 p.m. at 1401 W. El Norte Parkway, in the Madrid Manor community in San Marcos.

According to news reports, the victim, Barbara Poty of Escondido, was walking across the street when she was struck and knocked down by a Lincoln LS sedan. The driver of the car, Raymond Lawrence, of San Marcos, then backed up the vehicle over Poty's legs. Poty was rushed to Palomar Medical Center in Escondido, where remained hospitalized Thursday with serious injuries.

Pedestrian Accident Personal Injury Liaiblity

An investigation is ongoing as to the cause of this accident in San Marcos. If news reports of this incident are accurate, it appears that the driver of the Lincoln may be responsible for the woman's injuries. After a major injury accident such as this February 2nd San Marcos pedestrian accident, the family members of the injured victim would be well-advised to speak with a San Diego personal injury lawyer about the incident and the victim's rights to recover compensation for the serious injuries she sustained in this accident and all related medical expenses.

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February 1, 2011

El Cajon Man Killed in Motorcycle Crash on Broadway

broadway-1st-el-cajon.jpgA 35-year-old El Cajon Man tragically died Monday evening following a car vs. motorcycle accident on Broadway in El Cajon, KGTV 10 News and the San Diego Union Tribune reported. At about 6:30 p.m., the motorcyclist, who was not identified, was riding a Suzuki motorcycle eastbound on Broadway when a Honda Accord in a westbound turn lane crossed into his path and caused a collision. The victim was transported by ambulance to Sharp Memorial Hospital, where he died around 7:15 p.m.

Cause of the January 31st Motorcycle Crash

The El Cajon Police Department is investigating the cause of the fatal January 31st motorcycle accident in San Diego County. Based on the information provided in news reports, it appears that the driver of the Honda Accord may be responsible for this accident. Under California Vehicle Code Section 21801 (a), "The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety."

Wrongful Death Liability for Motorcycle Accidents

Left-turn accidents like this one are especially common, unfortunately. Motorcyclists are so vulnerable to injury or death when negligent motorists fail to yield. Drivers who are only looking for other cars and fail to see pedestrians, bicyclists or motorcyclists may be liable for a collision such as this one. While police are continuing to investigate this accident, the family members of the victim may benefit from speaking with an El Cajon personal injury attorney about the motorcycle accident and their legal rights to hold the driver accountable for their loss in a wrongful death claim.

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