March 2011 Archives

March 21, 2011

Oceanside Man Killed in Monday Morning Crash on Interstate 805

805balboa.jpgCLAIREMONT MESA - A 60-year-old Oceanside man was very tragically killed Monday morning in a multi-vehicle crash involving a Lexus SUV, a BMW motorcycle, and a big rig on a rain-slicked Interstate 805, the North County Times reported. The accident was reported in the far-left southbound lanes of the freeway near Balboa Avenue, shortly before 6 a.m. on Monday, March 21, 2011. According to the California Highway Patrol, a motorist was driving a Lexus SUV at about 80 mph when he came upon slower moving traffic in front of him, which caused him to lose control and strike a big rig. The impact of the collision with the big rig caused the SUV to cross directly into the path of the motorcycle, driven by Paul Palika, 60, of Oceanside.

Cause of the March 21st Crash

If news reports are accurate, it appears almost certainly to be the case that the driver of the SUV was responsible for this fatal collision. However, the incident remains under investigation by the California Highway Patrol. It was not clear whether the driver of the SUV, who was not identified, will be cited or charged for the fatal accident.

This accident comes in the wake of a number of fatal and serious injury accidents involving San Diego County motorcyclists. This March 21st accident was the fourth motorcyclist fatality this month in San Diego County. Fatal motorcycle accidents were reported March 18th in Escondido, March 17th in Lakeside, and March 10th in Casa De Oro. Additionally, a motorcyclist was seriously injured in a hit-and-run crash on Thursday March 3rd; another motorcyclist reportedly suffered a leg fracture in a Poway intersection accident on Monday, March 1st.

Wrongful Death Liability

If the CHP determines that the driver of the Lexus SUV caused this crash, he may be liable for the wrongful death of Paul Palika, in addition to possible criminal charges he could face for negligent driving. While this incident remains under investigation, the family members of the victim may benefit from speaking with an experienced and knowledgeable San Diego motorcycle accident lawyer. A skilled attorney with many years of experience representing victims of motorcycle accidents on San Diego freeways can help the family members understand and protect their legal rights to hold the at-fault driver - and any other parties that contributed to this accident - fully accountable.

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March 19, 2011

Motorcyclist Killed in El Norte Parkway Crash

ESCONDIDO - A motorcyclist tragically died Friday night, less than an hour after he was struck by a Mercedes SUV that pulled out in front of him on West El Norte Parkway, 10 News reported. The fatal accident was reported just before 11 p.m. According to police reports, the motorcyclist, identified only as a male, had been riding westbound in the 1000 block of El Norte Parkway when a woman driving a Mercedes Benz M-Class SUV turned left from the Vons Shopping Center into the path of his motorcycle. The motorcyclist was rushed to a nearby hospital, but died of his injuries less than an hour after the collision.

The cause of the crash remains under investigation by Escondido Police; no arrests were made immediately following the crash. Escondido Police will surely look at the speed of both vehicles, whether either the motorcyclist or the driver of the SUV was driving under the influence at the time of the crash, in determining what happened and why, and who was ultimately responsible.

Motorcycle Accident Wrongful Death Liability

If police determine that the driver of the SUV was responsible for this fatal collision, she may be cited or arrested for failing to yield to the right-of-way of the motorcyclist. While this incident remains under investigation, the family members of the motorcyclist may benefit from speaking with an experienced and knowledgeable San Diego motorcycle accident lawyer. An experienced attorney can help the victim's family understand and protect their legal rights. If the driver of the SUV was responsible for this crash, the family may be able to recover damages for their loss in a wrongful death claim, including funeral and burial expenses, lost earnings and benefits the decedent would have earned, and loss of love, care and companionship.

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March 14, 2011

Chula Vista Man Killed in East County Motorcycle Accident

camporoadlamesa.jpgCASA DE ORO - A 63-year-old Chula Vista man was tragically killed Thursday morning when an SUV turned into the path of his motorcycle, 10 News reported. The victim, Michael Ennis, was riding a 2009 Kawasaki Concourse east on Campo Road at about 9:45 a.m. on Thursday, March 10, 2010. At the same time, Wendy Antisdel, a 48-year-old Spring Valley woman, was driving a 1998 Jeep Cherokee eastbound. The driver of the Jeep made a left turn directly into the path of Ennis's motorcycle near Merritt Boulevard. According to the CHP, Ennis braked and laid the motorcycle on its side. The bike clipped one of the rear wheels of the Jeep and Ennis was ejected. He was taken to Sharp Memorial Hospital where he underwent emergency surgery, but died shortly before 3 p.m. Antisdel reportedly told investigators she was trying to turn into a driveway when the collision occurred.

Cause of the March 10th Spring Valley Motorcycle Crash

The cause of the fatal motorcycle accident remains under investigation by the California Highway Patrol. However, if news accounts of the incident are accurate, the driver of the Jeep is likely responsible for this fatal 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." The CHP will surely look at the speed of both vehicles and other factors to determine exactly what happened.

Motorcycle Accident Wrongful Death Liability

If the CHP determines that the driver of the Jeep is responsible for this crash, she may be cited or charged with negligent driving. Additionally, she may be financially liable for the death of the victim, in a civil claim for wrongful death. Following a fatal motorcycle accident such as this one, the family members of the victim would be well-advised to consult with an experienced and knowledgeable San Diego wrongful death attorney. A lawyer who has represented numerous victims of San Diego motorcycle accidents can help the victim's family understand and protect their legal rights to hold the driver - and any other responsible parties - fully accountable. Damages awarded in a wrongful death claim may include final medical expenses, lost earnings and benefits the decedent would have provided his family, funeral and burial expenses, and loss of love, care, and companionship.

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March 8, 2011

Ramona Woman Injured in Hit-and-Run Pedestrian Accident

mainstreeteighthstreet.jpgRAMONA -- A 68-year-old Ramona woman suffered serious injuries Sunday night when she was struck by a vehicle at the intersection of Main Street and Eighth Street, the Ramona Sentinel reported. According to reports, the victim, Darlene Gadberry, was crossing the intersection after purchasing coffee at the Chevron station when she was struck by a pickup truck making a left turn from northbound Eighth Street onto westbound Main street. The driver of the pickup truck, which was either white, or white and silver, continued west without stopping. Gadberry was airlifted to Palomar Medical Center in Escondido with serious injuries, including a broken pelvis, broken rips, and a collapsed lung.

Anyone with information about the driver of the pickup truck is urged to contact the California Highway Patrol's El Cajon office at 619-401-2000.

This Ramona pedestrian accident happens less than a month after an 85-year-old man was killed in a car vs. pedestrian accident at the intersection of Main Street and Seventh Street, just one block away. On February 11th, Ramona resident Manuel Alba was struck by a Ford F 250 when a 24-year-old driver was reportedly blinded due to the sun in his eyes. He died the next day at Palomar Medical Center.

Hit-and-Run Accidents and Personal Injury Liability

Not stopping at the scene of an accident is against the law. The driver involved in this crash had a legal and moral obligation to stop at the accident scene and remain there until law enforcement arrived. If/when the driver of the pickup truck is located, he or she may face felony charges for hit and run. Additionally, the driver may be liable for the injuries sustained by Darlene Gadberry, including medical expenses, lost earnings, pain and suffering, and other damages. 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 who can help the victim understand and protect her legal rights. An attorney may be able to assist with efforts to locate the driver and in the event the driver is not located, help the victim with a compensation claim against her own insurance policy, if she had one.

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March 8, 2011

Cyclist Struck and Killed in Southeast San Diego

Skylinebicycleaccident.jpgLOMITA VILLAGE -- A 73-yeear-old bicyclist was killed Sunday morning when he was struck by a Dodge Caravan minivan on Skyline Drive, NBC San Diego reported. The victim, Ignacio Manriques Sanchez, of San Diego, was riding westbound in the 8000 block of Skyline Drive at about 7:30 a.m. when he was struck by a minivan that was also travelling westbound on Skyline. According to police, the 47-year-old woman driving the minivan veered to the right and struck the cyclist in the bike lane. Motorists passing the accident called 911 and although paramedics responded and initiated CPR, Sanchez died of his injuries at the scene of the crash.

Cause of the Fatal Bicycle Accident

The cause of the March 6th San Diego bicycle accident remains under investigation by the San Diego Police Department. However, if news reports are accurate, it is likely that the driver of the minivan was responsible for the crash. It is unclear why the woman veered into the bike lane - was she distracted by a cell phone, did she fall asleep at the wheel, or was she driving under the influence? Hopefully the investigation by law enforcement will reveal exactly what happened and why.

Bicycle Accident Wrongful Death Liability

If the driver of the minivan is determined to be responsible for this accident, she could face manslaughter charges. Additionally, the family may hold her liable for Sanchez's wrongful death. While this Lomita bicycle accident remains under investigation, the family of Ignacio Sanchez would be well-advised to speak with an experienced San Diego bicycle accident lawyer. An experienced attorney who understands the unique legal issues of car vs. bicycle accidents will be able to advise the victim's family of their legal rights and best course of action following this accident. The family may be entitled to damages for funeral and burial expenses, lost earnings or benefits, and loss of love, care, and companionship.

After a San Diego bicycle accident, call Estey Bomberger at 619-312-4399 for a free consultation.

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March 4, 2011

Motorcyclist Seriously Injured, Driver Arrested in San Marcos Crash

montielroad.jpgSAN MARCOS - San Diego County Sheriff's deputies arrested a 61-year-old man Thursday afternoon who was suspected of running over a motorcyclist in San Marcos and then feeling the scene. The hit-and-run accident occurred on Montiel Road near Nordahl Road, at about 5:20 p.m.

According to the North County Times, the motorcyclist, Jeremy Gene Walkowiak, was riding eastbound on Montiel Road when he had to slow suddenly to avoid a collision with a vehicle that turned in front of him. Walkowiak lost control of his bike and went sliding, and a red Dodge pickup truck driven by Richard William Flaig ran over him. Witnesses reported that Flaig kept going and did not stop at the scene of the crash. Walkowiak was taken to Palomar Medical Center with serious injuries.

Investigators later located Flaig and identified him as the driver of the Dodge pickup truck. He was arrested on suspicion of felony hit-and-run causing death or injury. It is not clear how investigators determined Flaig was the driver of the pickup truck.

Anyone who witnessed the collision or has information about the incident is encouraged to contact the San Marcos Station Traffic Division, Deputy Bentz at (760)510-5049.

Leaving the scene of an accident is a serious crime. 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."

Family members of seriously injured victims of hit-and-run accidents would be encouraged to speak with an experienced and knowledgeable San Diego motorcycle accident lawyer who can ensure the victim's legal rights are protected. A skilled attorney can help the victim recover maximum compensation for his injuries, including medical care and treatment costs, rehabilitation, lost earnings, pain and suffering, and other damages.

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March 3, 2011

Motorcyclist Injured in Poway Accident

powayroadcommunityroad.jpgPOWAY - The North County Times reported a motorcyclist suffered an apparent leg fracture Monday evening at the intersection of Community Road and Poway Road. The motorcyclist, who was not identified, collided with an SUV at the busy intersection. According to San Diego County Sheriff's officials, the collision was reported at 6:34 p.m. on February 28, 2011. No one else was reportedly injured in the collision, the cause of which remains under investigation.

Motorcycle Accident Fault and Personal Injury Liability

Based on the very limited information provided by the NC Times, it is unclear why this accident occurred. At this point, there are more questions than answers regarding what happened, and who was responsible. If investigating officials determine that the driver of the SUV was responsible for this crash, he or she may be liable for the injuries sustained by the motorcyclist. While this February 28th Poway motorcycle accident remains under investigation, the injured motorcyclist would be well-advised to speak with a San Diego motorcycle accident attorney who can advise the victim of his or her legal rights to be compensated, if accident was indeed caused by the negligence of the SUV driver.

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