San Diego Personal Injury Attorney Blog

VISTA - A 26-year-old Los Angeles man who survived a rollover accident early Friday morning was tragically struck and killed moments later by a passing vehicle, 10 News reported. The man, who was not identified, was the driver and one of three occupants of a Toyota Scion travelling eastbound on SR-78, just east of Civic Center drive, at about 12:37 a.m. on Friday April 22, 2011. The Scion was reportedly clipped by a pickup truck and flipped over. For unknown reasons, the driver got out of his heavily damaged vehicle, climbed over the center divider and attempted to sprint across westbound traffic. He was struck by a Chevrolet 1500 pickup truck and died at the scene.

Cause of the Highway 78 Fatality Accident

News accounts of this incident do not provide a full picture of exactly what happened. The CHP is investigating the incident, including what caused the initial rollover accident in the eastbound lanes and the secondary car vs. pedestrian incident in the westbound lanes. If the driver of the Chevy pickup truck was speeding or driving under the influence, he may be determined to be partly responsible. It is unclear whether or not the driver sustained serious injuries in the initial rollover, and why he attempted to cross the freeway.

Freeway Pedestrian Accident Wrongful Death Liability

Accidents such as this one are heartbreaking, and the sudden and unexpected loss of a loved one is devastating. Following a fatal accident such as this one, family members may have many questions regarding who is responsible for their loved one's death. While the incident remains under investigation, family members may benefit from speaking with a California wrongful death lawyer who has represented numerous victims of Highway 78 accidents. An attorney familiar with the unique legal issues of freeway bystander and pedestrian accidents can advise the victim's family of their legal rights following this accident, and best course of action to protect them.

Continue reading "Driver Struck and Killed Following Crash on Highway 78 in Vista " »

FALLBROOK - A 19-year-old star baseball player suffered potentially life-threatening injuries Saturday morning on Highway 76 in Fallbrook. According to multiple news outlets, Conrad Murphy was driving a Dodge Ram truck to baseball practice when the driver of a Corky's Pest Control Ford Ranger truck carrying pest control chemicals lost control and struck his vehicle head-on. The accident was reported at about 7 a.m. near Gird Road in the San Luis Rey Heights area. Murphy was driving eastbound on Highway 76, and the pickup truck, driven by a 35-year-old Oceanside resident, struck his vehicle. Murphy was flown to Palomar Medical Center in Escondido with critical injuries. The driver of the pest control truck suffered minor injuries and was taken to a local hospital.

Who Was At Fault?

According to reports in the Union Tribune, the driver of a Ford Ranger carrying pest control chemicals told officers that he was going west on the highway just east of Gird Road about 7 a.m. when he lost traction on his rear tires and swerved into oncoming traffic. It is unclear what caused the man to lose control of his vehicle. CHP investigators will surely look at factors such as speed, unsafe turning maneuvers, cellphone use while driving, and even proper maintenance and inflation of the vehicle's tires in making their determination of exactly what happened and why. Based on the news reports, it appears that Murphy could have done nothing to avoid the collision.

Highway 76 Head-On Collision Personal Injury Liability

Whenever any accident results in serious injuries, the at-fault party may be financially liable for the victim's injuries, including medical care expenses, lost earnings, and pain and suffering. When the responsible driver is using a company-provided vehicle, the driver's employer (Corky's Pest Control) may be liable for the victim's injuries as well. While this April 23rd Fallbrook car accident remains under investigation, the family members of Conrad Murphy may benefit from speaking with an experienced San Diego personal injury attorney who can advise the unique liability issues stemming from a serious collision such as this one. A lawyer who has represented numerous victims of Highway 76 accidents can also review other similar head-on collisions in the vicinity of the accident and investigate whether a dangerous road condition may have been a factor in the crash, in which case the government entity responsible for the maintenance of the roadway could also be liable.

Continue reading "Fallbrook Teen Critically Injured in Highway 76 Head-On Collision With Pest Control Truck " »

BALBOA PARK - Two people were tragically killed in a head-on collision early Saturday morning in San Diego, the California Highway Patrol reported. The accident was reported at 1:25 a.m. on April 16, 2011 on southbound Interstate 5, just south of Highway 163, and involved a silver Honda Civic sedan and a red Nissan Altima sedan. The driver of the Honda Civic, a 29-year-old man who was an Active Duty Petty Officer stationed aboard 32nd Street Naval Station in San Diego, was reportedly travelling the wrong way on Interstate 5. His vehicle crashed head-on with the Nissan driven by Cassaundra Renee Olivarria, 23, of Chula Vista. The driver of the Honda died at the scene of the crash. Olivarria was taken to UCSD Medical Center where she died a short time after arrival. The cause of the accident is under investigation by the California Highway Patrol.

Cause of the San Diego County Accident

Driving the wrong way on a freeway is reckless and can have catastrophic consequences, such as what happened in this April 16th accident. The majority of wrong-way head-on collision on freeways occur because the driver of the wrong-way vehicle is either impaired by alcohol or drugs, elderly and disoriented, or attempting to commit suicide. It is unclear what happened hear. Hopefully, the CHP investigation will provide answers as to what happened and why.

Head-on Collision Wrongful Death Liability

Even though the at-fault party was killed in the crash, the victim's family may still pursue a wrongful death claim against the estate of the driver, and any other parties that caused or contributed to the incident. While this incident remains under investigation, the family members of the victim of this horrific crash would be well-advised to speak to a California wrongful death lawyer about the accident and their rights to pursue a claim for the devastating and heartbreaking loss of their loved one.

Continue reading "Two People Killed in Wrong-Way Crash on Interstate 5 in San Diego " »

SAN DIEGO - A pedestrian suffered a broken pelvis after being struck by a sport utility vehicle in a Pacific Beach crosswalk Wednesday night, 10 News reported. The accident occurred at 8:45 p.m. when the pedestrian, a 67-year-old man who reportedly had been drinking, began crossing the street in a marked crosswalk at Ingraham Street and Moorland Drive, and was struck by a 73-year-old woman driving Chevrolet SUV. The woman driving the SUV told investigators she did not see him before the accident. The cause of the accident is under investigation.

Who was at fault?

According to 10 News, the man was in the crosswalk when he was hit, but he did not have a "walk" sign in his direction when he began crossing the street. Based on the news reports, it is unclear whether the driver of the SUV could have avoided the collision. Hopefully,, the investigation by the San Diego Police Department will reveal exactly what happened, and who was responsible.

Crosswalk Accident Personal Injury Liability

If it is determined that the woman driving the SUV is responsible for this accident, she may be liable for the serious injuries sustained by the pedestrian. In situations such as this one, where the details of an accident are unclear, the injured victim or his family members would be well-advised to speak with an experienced San Diego pedestrian accident lawyer. A knowledgeable personal injury attorney who has successfully represented numerous victims of San Diego car vs. pedestrian crosswalk accident can advise the victim of his best course of action to protect his rights following this Pacific beach pedestrian accident.

Continue reading "Pedestrian Struck by Car in Pacific Beach Crosswalk " »

MOUNT HOPE - One person tragically died Wednesday morning in a crash on Interstate 805, San Diego 6 News reported. The fatal San Diego County crash was reported at 6:22 a.m. on April 13, 2011, on southbound I-805 near Market Street, in the Mount Hope / Lincoln Park area of southeastern San Diego. According to the CHP, a small white compact car was stalled in the middle lane when a brown Dodge Intrepid changing lanes struck the back of it. A female passenger in the stalled vehicle, who was not immediately identified, died in the crash. Further details were not available; the cause of the crash remains under investigation.

Continue reading "Woman Killed Wednesday Morning in Interstate 805 Crash in Mount Hope Area " »

ESCONDIDO - The North County Times reported an 18-year-old woman died early Tuesday morning in a crash on northbound I-15. The accident was reported to the California Highway Patrol at 2:51 a.m., near Felicita Road. The woman, who was not immediately identified, was travelling at speeds estimated between 70-75 mph when for reasons under investigation, her vehicle drifted into the center divide of the freeway and struck the end of a concrete barrier. She died at the scene of the crash. The cause of the fatal April 12th Escondido car accident remains under investigation.

Continue reading "18-Year-Old Woman Killed in Interstate 15 Crash in Escondido " »

ENCINITAS - A hit-and-run collision involving a Ford F-150 pickup truck and a cyclist tragically killed a 47-year-old Encino man, ABC 10 News reported. The victim, James Steven Swarzman, rode competitively and was on a late-night training ride for the upcoming season, when he was struck by a dark colored pickup truck in the 1200 block of North Coast Highway in Leucadia. He was flown by Mercy Air to Scripps Memorial Hospital in La Jolla where he died about three hours after the collision. Authorities believe the truck involved in the crash was a 2007 or 2008 Dodge Ram 1500 or a 2007 Dodge Ram 2500 or 3500 with damage to its front passenger side. Earlier reports erroneously said the vehicle involved in the incident was a Ford F-150.

Hit-and-run collisions are especially disheartening - the driver involved in this crash had every legal and moral obligation to stop at the scene of the incident. 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 James Swarzman's family and loved ones, we hope that the driver involved in this horrific incident will either come forward to authorities or be located promptly - so that he or she may be held accountable. Anyone with information that could help detectives find the hit-and-run driver is asked to call the Sheriff's Department at (858) 565-5200.

UPDATE: The Union Tribune reported 46-year-old Joseph Ricardo Fernandez of Carlsbad was arrested about 11:15 p.m. Monday in connection with the accident. Read the story here.

Following an incident such as this one, where a death is caused by negligence or a willful intentional act, the family of the victim would be well-advised to consult with an experienced and knowledgeable California bicycle accident lawyer. An attorney who specializes in cycling accidents may be able to help the victim's family in efforts to locate the driver, and advise them of their rights to collect compensation for their loss in an uninsured motorist wrongful death claim, in the event the driver is not located.

Continue reading "Cyclist Struck and Killed on North Coast Highway 101 in Encinitas " »

CALEXICO - A 49-year-old Mexicali man suffered serious injuries in a two-vehicle accident near State Route 7 Thursday afternoon, the Imperial Valley Press reported. According to reports, at about 6 p.m. on Thursday, April 7, 2011, the victim, Jesus Zepeda, was driving his 2008 Italika motorcycle eastbound on Carr Road approaching the intersection of State Route 7. At the same time, Vanessa Mascareno, 24, of El Centro, was driving westbound on Carr Road onto the State Route 7 northbound onramp. Mascareno reportedly did not see Zepeda's eastbound vehicle as she turned into its path. The front of her Toyota collided with the left side of Zepeda's vehicle, ejecting him into the roadway. Zepeda was airlifted by Careflight to Yuma Regional Medical Center with major injuries.

Cause of the April 7th Carr Road Crash

The CHP is investigating the accident and has not made an official determination of fault. However, If news accounts of this incident are accurate, the driver of the Toyota is likely responsible for this collision 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."

Imperial County Car Accident Personal Injury Liability

If it is determined that the driver of the Toyota was responsible for this accident, she may be liable for the injuries sustained by Zepeda. While this accident remains under investigation, the family members of the victim would be well-advised to speak with an experienced and knowledgeable California car accident lawyer. An attorney who specializes in representing victims of major injury accidents can advise the victim and his family of their legal rights to compensation, and best course of action to protect his rights. Damages available in a personal injury claim may include medical care and treatment expenses, lost earnings, pain and suffering, and other damages.

Continue reading "Mexicali Man Injured in Left Turn Crash on Carr Road" »

Car accidents in El Centro cause serious injuries and even death every single day. Accidents on Imperial County roads may be caused by distracted drivers, drunk drivers, and even vehicle defects and dangerous road conditions. Negligent drivers who cause accidents may be financially liable for resulting injuries or deaths in a personal injury or wrongful death claim.

The El Centro car accident lawyers at Estey Bomberger have represented several seriously injured victims of El Centro car accidents, including accidents in Holtville, Imperial and Calexico. If you or a family member has suffered a serious injury in a El Centro car accident or Imperial County drunk driving accident, call Estey Bomberger today for a free consultation at (619) 312-4399.

POINT LOMA - A 20-year-old US Navy Sailor was tragically killed Thursday when his Suzuki motorcycle collided with a Cadillac Thursday afternoon at the intersection of Rosecrans Street and Canon Street, San Diego Police reported. The motorcyclist, who was not named, was riding northbound on Rosecrans Street when a 64-year-old woman driving southbound made a left turn at Canon Street and collided with his motorcycle at about 1:30 p.m. The motorcyclist was ejected from his bike thrown into the back passenger window of the Cadillac. He died at the scene of the crash. Rosecrans Street was closed between Upshur Street and Shelter Island Drive while police investigated. The driver of the Cadillac suffered cuts and bruises, and was taken to a nearby hospital.

Cause of the March 31st Point Loma Motorcycle Crash

The cause of the incident remains under investigation, and based on the news accounts, it is unclear what exactly happened. Witnesses reportedly told police that the motorcyclist had sped up as he entered the intersection when the light turned yellow. Based on the news reports, the driver of the Cadillac should have yielded to the right-of-way of the motorcyclist. 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."

Motorcycle Accident Wrongful Death Liability

Left-turn accidents involving motorcyclists happen somewhat frequently, when drivers are merely looking for other vehicles, and fail to notice an approaching motorcyclist. If police determine that the driver of the Cadillac was at least partially responsible for this fatal motorcycle accident, the family of the victim may pursue a wrongful death claim against the driver, and any other responsible parties. It is possible that a dangerous road condition or unsafe intersection design could also have played a role, in which case the city or other agency responsible for the intersection could be liable. While this incident remains under investigation, the family of the victim may benefit from contact a knowledgeable motorcycle accident attorney who can oversee the investigation and advise them of their legal rights and options following this accident.

Continue reading "Motorcyclist Killed in Left-Turn Crash on Rosecrans Street " »

SAN DIEGO - A crash Friday morning on northbound Interstate 5 near H Street has injured 10 people, including two seriously, 10 News reported. The incident was reported at 6:45 a.m. and involved five vehicles. DetaiIs of the incident wear very limited and it was unclear why the collision occurred or who was at fault. The California Highway Patrol is investigating the cause of the April 1st I-5 crash.

Multi-Car Accident Personal Injury Liability Issues

The insurance aftermath of a crash involving multiple vehicles can be a nightmare. Especially when injuries are serious, it can be difficult, if not impossible to secure full and fair compensation without the representation of an experienced and knowledgeable personal injury lawyer. While this incident remains under investigation, the injured victims or their family members would be well-advised to contact a skilled San Diego personal injury lawyer who can help them protect their rights to recover the maximum compensation they may be entitled to for their injuries, including medical expenses, lost earnings, and pain and suffering.

Continue reading "At Least 10 Injured Friday Morning in Interstate 5 Collision " »