San Diego Personal Injury Attorney Blog

SAN DIEGO COUNTY - A 57-year-old man was found injured in a westbound bike lane in the 6800 block of Mission Gorge Road around 11:15 p.m. Tuesday night, reports 10 News. San Diego police said it appeared the man was hit by a car and are calling it a hit-and-run accident. The condition of the man is not known.

Cause of the Pedestrian Accident

San Diego police are investigating the cause of the crash, which at this time, is not known. If the San Diego police investigation reveals the man was the victim of a hit-and-run accident, the driver of the car (if located) may be liable for accident-related damages. It can be difficult to locate a driver who flees from the scene of an accident and in some cases, a driver is never found. If a hit-and-run driver cannot be located, the victim may have to look to his own insurance policy for financial compensation.

As police conduct the investigation, it is highly recommend that the injured victim contact a San Diego pedestrian accident attorney who has successfully represented numerous cases of a similar nature. With the help of a reputable attorney, fair and full compensation can be recovered for medical bills, lost wages, diminished quality of life, and pain and suffering.

Continue reading "Injured Man Found Lying in a Mission Gorge Road Bike Lane " »

SAN DIEGO COUNTY - A man was severely injured when he was attacked by a friend's pit bull Tuesday, June 28th, reports the San Diego Union Tribune. The man was attacked as he and the dog's owner talked while standing at an open gate to the owner's home in Mountain View. The 1 ½ year old pit bull bit the man's arm, inflicting a severe injury and then preceded to bite the man's back and side. According to news reports, the man's back and side injuries were less severe than the arm injury. After being attacked, the victim walked to his 42nd Street home where paramedics tended him to before transporting him to a local hospital. A resident on 44th Street called 911 to the report the incident, which occurred around noon. San Diego County Animal Control took the dog for a ten-day quarantine to make sure it does not have rabies.

Dog Bite Attacks

Dog bite attacks are a surprisingly common occurrence in the state. There have been a number of incidents recently, including:

• In June 2011, a woman and her small Shetland sheepdog were bitten by a pit bull and boxer running lose in the neighborhood of Grant Hill.
• In June 2011, the family German shepherd nipped a one-year-old Chula Vista girl in the forehead.
• In June 2011, a 75-year-old woman was mauled by her neighbor's two pit bulls after the two dogs got into her Paradise Hills backyard.

Dog Bite Liability

In California, a dog's owner is liable for any injuries inflicted upon another individual by his or her dog, even if the dog had no prior history of attacking or the owner knew of a history of aggressiveness. The victims of these tragic dog bite attacks would be well advised to talk to a San Diego dog bite injury lawyer. A lawyer familiar with dog bite laws can make all the difference when navigating the complex civil court system. An experienced personal injury lawyer can handle all negotiations with insurance companies to make certain victims receive maximum compensation for all injury-related expenses.

Continue reading "Man Attacked by Pit Bull While Visiting Friend" »

SAN DIEGO COUNTY - A 64-year-old Murrieta man was tragically killed Monday morning, June 27th, in a motorcycle accident on State Route 78. The impact of the high-speed head-on collision, which occurred around 7:40 a.m., hurled the man to the ground inflicting fatal injuries. Fox 5 News San Diego reports the motorcyclist veered into the lane of an oncoming BMW on a desert highway near Anza Borrego Desert State Park. The driver of the BMW was evaluated for complaints of back pain and the motorcycle rider, who was not identified pending family notification, died at the scene of the crash.

Cause of the San Diego County Motorcycle Accident

California Highway Patrol is investigating the cause of the crash and has yet to determine how and why this devastating accident happened. Initial investigative reports revealed the rider might have been speeding at the time of the crash. Law enforcement can be quick to place blame on a rider, but in many cases, the rider is not at-fault for the collision. It is possible the rider lost control of his bike because of a motorcycle defect or bad road condition.

Motorcycle Accident Liability

During the investigation of this tragic accident, family members of the victim should speak to a San Diego motorcycle accident attorney. A competent attorney can ensure family members are prepared to handle the legal process if action can be taken. If it is discovered the rider was not at-fault for the collision, surviving family members may be able to file a wrongful death lawsuit against a motorcycle manufacturer or government entity. Surviving family members may be entitled to compensation for funeral and burial costs, deceased's future earnings and savings, and loss of love, companionship and support.

Continue reading "Motorcyclist Killed in Head-On Collision on State Route 78" »

SAN DIEGO COUNTY - A hit-and-run car collision that took place Saturday left four people hospitalized, reports 10 News. According to San Diego police, on June 25th, the driver of a Ford Escort was traveling east at a high rate of speed when the driver ran a stop sign at the intersection of 25th Street and Island Avenue. After running the stop sign and broadsiding a Jeep traveling north on 25th Street, the driver of the Ford got out of the vehicle and ran, leaving behind three injured passengers. Two of the three passengers in the Ford Escort sustained head injuries while one sustained injuries to the hip and leg. The driver of the Jeep also sustained injuries in the crash. All four injured victims were taken to a local hospital for treatment.

Hit-and-Run Collision Liability

Police have not provided a description of the driver of the Ford, but are searching for the suspect. If the driver of the hit-and-run collision can be found and news reports are accurate, the driver will likely be financially liable for the accident and resulting injuries. Unfortunately, drivers often flee from the scene of an accident because they are not insured or underinsured. Hit-and-run accident victims may have to look to their own insurance policies for reimbursement of injury expenses.

Hit-and-run collisions have unique legal issues that if not handled appropriately, could jeopardize a victim's ability to recover maximum compensation for medical bills, lost wages, and pain and suffering. Victims of this hit-and-run collision would be well advised to contact a San Diego auto accident lawyer with experience handling cases involving fleeing drivers. A reputable lawyer will explore all sources of compensation to ensure victims are fairly compensated.

Continue reading "Sherman Heights Area Hit-and-Run Car Collision Leaves Four Injured" »

SAN DIEGO COUNTY - A 48-year-old Encinitas woman was tragically killed Sunday morning when the car she was riding in collided with a truck on State Route 76, reports 10 News. The woman and her husband, who's names have not been released, were traveling westbound on SR-76 east of Lilac Road when they collided with a truck turning left from SR-76 into Pala Raceway. Although the woman was "partially belted", the woman suffered catastrophic injuries and emergency crews pronounced her dead at the scene of the accident. The woman's husband was taken to a local hospital with unknown injuries and the condition of the truck driver is unknown.

Because details about the cause of the State Route 76 crash were not available, it is impossible to tell who was at fault. Hopefully law enforcement will be able to provide some answers as to why the fatal car collision occurred.

Following the tragic death of a loved one in this car crash, it would be advisable for the victim's family to speak to a San Diego wrongful death lawyer. A skilled personal injury lawyer can conduct a private investigation of the crash to determine who is at-fault. If the truck driver was responsible for causing the June 26th crash, the victim's family members may be entitled to monetary compensation for the losses associated with the passing of their loved one, including funeral and burial expenses, deceased's anticipated earnings and loss of love, support and care.

Continue reading "Encinitas Woman Killed Sunday Morning on Highway 76" »

DEL MAR - A 13-year-old girl was taken to Rady Children's Hospital Tuesday after being injured while exiting the Techno Power ride. According to NBC San Diego, the ride had come to a stop and riders were beginning to dismount when the ride started moving again. The 13-year-old girl and the ride operator were both injured. The ride is shut down while authorities are investigating the cause of the accident.

Amusement park ride owners and manufacturers have paid out millions of dollars in settlements and verdicts for amusement park ride injuries. Last year, a family reached a $3.4 million settlement with the owners and manufacturer of the Yo-Yo ride, after their five children were injured at the Calaveras County Fair. In that accident, California regulators found that the ride had not been properly maintained.

If it is determined that this accident was caused by the negligence of the ride operator or owner, the family of the girl injured in this accident may be entitled to compensation for her injuries and pain and suffering. While this San Diego County Fair accident is under investigation, the family members of the injured girl would be well-advised to speak with an experienced and knowledgeable San Diego injury lawyer. An attorney who has represented numerous victims of amusement park accidents, including accidents at the San Diego County Fair, can advise the victim and her family of their legal rights and options to pursue a personal injury claim.

Continue reading "Child and Ride Operator Injured on Ride at San Diego County Fair " »

A recent study by independent, nonprofit organization, Consumer Reports, highlights the potential dangers of wearing toning shoes like Sketchers Shape-ups. According to, "one false step in a toning shoe could land you in the emergency room." Over the course of three months, the Consumer Product Safety Commission received 35 reports of injuries related to the use of toning shoes. Of the 35 reports, at least 15 were serious injuries, such as broken legs, stress fractures, torn ligaments and ruptured tendons.

Marketed as a shoe that will get wearers into shape just by walking in them, Skechers Shape-ups and other similar style toning shoes have a thick rounded sole that creates an unstable surface for the wearer to walk on. Some wearers have described the sensation of walking in toning shoes similar to the sensation created when walking in the sand or standing on a wobble board. The makers of Skechers Shape-ups claim wearers must work harder to walk in the shoe, which helps users improve muscle tone and burn more calories. The American Council on Exercise found no evidence to support these claims after conducting two different studies on the benefits of toning shoes.

The California Skechers Shape-ups injury attorneys at the law firm of Estey Bomberger have more than 70 years of litigation experience in cases involving defective and dangerous products. We have helped numerous victims obtain large settlements for expenses related to a serious injury, including medical bills, lost wages due to missed time at work, and pain and suffering. There is no better time to contact one of our California defective products lawyers. You can reach our staff at anytime of the day or night. We offer free consultations and do not get paid until you do.

SAN DIEGO - A Caltrans employee was fatally struck by a white 1990 Cadillac de Ville shortly before 9 a.m. Monday morning on Interstate 15, 10 News reported. The accident was reported near the ramp to eastbound 94. According to news accounts, the driver of the Cadillac, a 27-year-old San Diego man, saw the worker, Richard Gonzalez, 52, of San Ysidro, crossing his path and tried to avoid striking him. The front passenger side of the Cadillac struck Gonzalez, killing him at the scene of the crash.

Following the accident, the driver of the Cadillac was initially handcuffed, to be evaluated for driving under the influence of alcohol or drugs. After tests determined that he was sober, the driver was released. The cause of the accident remains under investigation.

According to 10 News, Gonzalez was the 3rd Caltrans worker to be killed on the job in the past two months. Landscape worker Stephen Palmer, 64, of Jamul died when he was hit a trolley in National City on May 4. Jaime Obeso , 53, of Imperial was fatally hit by a vehicle June 7 on a job site alongside Interstate 8 in the El Centro / Imperial County area.

You may have heard public service announcements reminding you to "slow for the cone zone." In January 2007, it became mandatory for drivers to either move over or slow down when they approach a marked Caltrans vehicle with its warning lights on. In 2010, the state law was expanded to require drivers make a lane change away from emergency vehicles along the shoulder. If a lane change isn't possible, law requires that drivers slow down to a "prudent speed."

When accidents are caused by negligence of another party (such as the driver of a vehicle)the family of the victim may pursue a wrongful death claim against the negligent parties. In cases where a worker is killed on-the-job, the family of the victim will be entitled to workers compensation benefits. Following a fatal accident such as this June 20th fatality accident, the family members of the victim would be well-advised to speak with an experienced and knowledgeable San Diego wrongful death lawyer. A skilled attorney can review the investigative report and help the victim's family understand their legal rights and options to pursue a wrongful death claim against the driver or any other negligent parties.

Continue reading "Caltrans Worker Struck and Killed on Interstate 15 " »

SAN DIEGO - A 47-year-old bicyclist was killed Sunday night when he fell off his bike and was run over by a Toyota Tundra, the San Diego Union Tribune reported. The accident occurred in the southbound lanes of Hollister Street, at about 10:40 p.m. According to news accounts, the victim, Jaime Ruiz, 47, was riding his bike northbound in the southbound lanes of the 1200 block of Hollister Street when he struck a parked car and fell into the path of a Toyota Tundra. Ruiz, who was not wearing a helmet, died at the scene at 10:53 p.m., according to the San Diego County Medical Examiner. The San Diego Police Department is investigating the June 19th fatal bicycle accident.

Continue reading "Bicyclist Struck and Killed Sunday Night in Nestor " »

SAN DIEGO - A 57-year-old woman tragically died Saturday night when she was struck by a car while crossing the street in Linda Vista, 10 News reported. According to news accounts, the victim, Tina Vang was leaving a family party and crossing the 7700 block of Linda Vista Road to her vehicle when she was struck by a southbound Chevrolet Impala. The accident was reported at 9:50 p.m. on Saturday, June 18, 2011, between Cullen Street and Markham Street. Paramedics took Vang to Sharp Memorial Hospital, where she died a short time after arrival. The driver of the Impala stopped and was interviewed by police. The cause of the accident remains under investigation.

Cause of the Accident

Based on the limited information provided in news accounts, the cause of the accident is unclear. It is also not clear how fast the driver was going when the collision happened. At this point, there are more questions than answers as to why this accident occurred, and whether the driver of the vehicle could have done anything to prevent the collision. Hopefully, the investigation by law enforcement will reveal exactly what happened, and who was responsible.

Pedestrian Accident Wrongful Death Liability

If it is determined that this accident was caused by the negligence of the driver, he or she may be liable for the death of the victim in a civil claim for wrongful death. Damages recovered in a wrongful death claim may include final medical expenses, future anticipated lifetime earnings and benefits, and loss of love, care, affection and companionship. Following a fatal pedestrian accident such as this June 18th accident, it would be advisable for the victim's family members to speak with an experienced and knowledgeable San Diego wrongful death attorney. A lawyer who has successfully handled accident claims arising from similar pedestrian accidents can advise the victim's family of their legal rights, and best course of action to protect them.

Continue reading "Pedestrian Struck and Killed in Linda Vista " »

SAN DIEGO - A 75-year-old woman suffered major injuries Saturday after being attacked by a pair of pit bulls when she walked outside to retrieve her newspaper, 10 News reported. The attack happened in the 5800 block of Alleghany Street in the Paradise Hills neighborhood when the dogs entered the woman's yard through a whole in her fence. The man, who was not identified, was taken to Scripps Mercy Medical Center where she had to undergo emergency surgery. Animal Control officers took possession of the dogs, who were surrendered by their owner.

Dog Attack Injury Personal Injury Liability

In California, the dog owner is responsible for the victim's injuries when an animal attacks. California's Civil Code Section 3342 states: "The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness." Following a dog bite attack such as this June 18th pit bull mauling, families of dog bite victims may benefit from speaking with an experienced and knowledgeable San Diego personal injury lawyer. An attorney who specializes in dog bite attacks can help make sure the dog owners are held accountable for medical expenses, pain and suffering, and other damages.

Continue reading "San Diego Woman Seriously Injured in Paradise Hills Pit Bull Attack " »

ESCONDIDO - A 15-year-old boy suffered very serious injuries Wednesday afternoon when an elderly driver making a left turn came up onto the sidewalk and struck him, 10 News reported. The accident occurred at about 12:36 p.m. on Wednesday, June 15th at Rose Street and Grand Avenue. According to news reports, the driver, an 84-year-old Escondido man, was driving a Chrysler Town and Country van north on Rose Street when he made a left turn onto Grand Avenue.

The van reportedly turned very wide and jumped the sidewalk, colliding with a traffic pole before going into the side of a building. The boy, who was not identified,
was sitting on a bicycle waiting to cross the street when he was struck by the van.

The boy was airlifted to Rady Children's Hospital in San Diego, where he remained in a medically induced coma Thursday. According to police reports, the boy lost his right eye and several bottom teeth, and also suffered a broken ankle.

Cause of the Accident

The NC Times reported that an early investigation intended the driver of the van placed his foot on the gas pedal when he intended to hit the brake pedal, causing him to lose control as he tried to make the turn onto Grand Avenue. Anyone with information is asked to contact Officer Michael Garcia at 760-839-4729.

Elderly Driver "Pedal Misapplication" Accidents and Personal Injury Liability

Accidents such as this one, where the driver intends to hit the brake pedal but instead pushes down on the accelerator are unfortunately fairly common occurrences. In March of last year, an elderly driver ran over a 40-year-old man at the Costco warehouse store on Morena Boulevard, in Rose Canyon, causing catastrophic injuries (Estey Bomberger is currently representing the family in that case).

Pedal misapplication accidents such as this June 15th accident on Rose Street can be caused by conditions such as loss of sensation due to Diabetes, prescription medications, Parkinson's disease, arthritis and poor vision.

While Escondido Police are continuing to investigate this crash, the family of the injured teenager would be well-advised to speak with an experienced and knowledgeable San Diego personal injury lawyer. An attorney who understands the unique legal issues of accidents involving pedal misapplication can help the family protect their rights to hold accountable the responsible parties, and recover compensation for medical care and expenses, as well as pain and suffering.

Continue reading "Escondido Teenager Critically Injured by Elderly Driver " »

SAN MARCOS - A man died Wednesday night after he was struck by a vehicle on West San Marcos Boulevard, the North County Times reported. The pedestrian, who was not immediately identified, had been trying to cross the eastbound lanes of W. San Marcos Blvd under Highway 78 when he was struck by an oncoming vehicle shortly after 9 p.m. He was taken to Palomar Medical Center where he died shortly after arrival. The cause of the June 15th San Marcos pedestrian accident remains under investigation by the San Diego County Sheriff's Department. The driver was not cited and charges are not pending, the NC Times said.

Continue reading "Pedestrian Fatally Struck by Vehicle in San Marcos " »

CAMP PENDLETON - A 42-year-old Chula Vista man was tragically killed Thursday afternoon in a rollover crash on southbound Interstate 5, the North County Times reported. The victim, Ali Bourgi, was a rear-seat passenger and one of three occupants of a 2003 Toyota Rav-4. Shortly before 4 p.m. Thursday, another vehicle reportedly cut off the Rav-4, forcing it into the center divider. The driver overcorrected and the SUV overturned multiple times. Bourgi, who was ejected, died at the scene of the crash.

Car Accident Fault and Wrongful Death Liability

Based on the limited information provided in news reports, the cause of the accident is not clear. The California Highway Patrol is investigating the crash. Hopefully, the investigation will reveal exactly what happened and why. Following a fatal car accident such as this Interstate 5 crash near Camp Pendleton, the family members of the victim may benefit from speaking with an experienced and knowledgeable San Diego wrongful death lawyer about their legal rights and options. A skilled lawyer can review the unique legal issues of the accident and determine who may be responsible. If negligence of another driver, an auto defect, or a dangerous road condition caused this crash, the family may pursue a wrongful death claim against the responsible parties.

Continue reading "Chula Vista Man Killed in Interstate 5 Crash Near Las Pulgas Road " »

SAN DIEGO - Three pedestrians, including a child, suffered serious injuries Saturday night when they were struck by a car in City Heights, the San Diego Union Tribune reported. The accident was reported at about 8 p.m. on University Avenue near 48th Street on June 4, 2011. Paramedics took two adult pedestrians and the driver of the car to Scripps Mercy Hospital and the child to Rady Children's Hospital. The driver reportedly lost control and crashed into a bus bench, a building and the pedestrians. The cause of the accident remains under investigation by San Diego Police.

Pedestrian Accident Personal Injury Liability

Following any serious injury pedestrian accident such as this one in City Heights, the injured victims would be well-advised to speak with an experienced California personal injury lawyer about their legal rights. If the negligence of the driver caused this accident, the injured victims may be entitled to compensation for their medical expenses, lost earnings, and other damages. A skilled and experienced pedestrian injury lawyer can advise the victims of their legal rights and options to hold the driver, or whoever is responsible for the accident, fully accountable.

Continue reading "Three Pedestrians Struck by Car in City Heights " »

WARNER SPRINGS - One person was hurt early Saturday morning in a rollover crash on State Route 79, the California Highway Patrol reported. According to 10 News, a white two-door sedan overturned while rounding a sharp right turn in the 41000 block of the highway just after 6 a.m. Further information was not available; the cause of the June 4th Highway 79 rollover accident remains under investigation.

Continue reading "One Person Injured in State Route 79 Rollover Crash Near Warner Springs " »

Compared with passenger vehicle accidents, accidents involving large truck more frequently result in catastrophic injury or death, due to their large size and sheer force. Trucking accident victims may be entitled to substantial compensation for their injuries, but obtaining full and fair compensation may be impossible without the aid of a skilled and experienced lawyer. A To learn more about your rights and legal options following a truck accident, contact the California truck accident lawyers at Estey Bomberger for a free consultation.

RANCHO PEÑASQUITOS - A cyclist was killed and another critically injured Tuesday night when an out-of-control sport utility vehicle went up an ice plant embankment, through a chain link fence and onto the bike path that runs along Highway 56, the San Diego Union Tribune reported. The accident occurred at about 6:20 p.m., along eastbound Hwy 56, between Camino Del Sur and Black Mountain Road. According to news accounts, the female driver of the SUV was trying to transition from the Number 2 lane into the Number 1 lane, when for unknown reasons, she lost control of her SUV, and went off the highway and onto the bicycle path, killing one cyclist and critically injuring another. According to the CHP, both cyclists were wearing helmets.

UPDATE: The North County Times reported this afternoon that the cyclist who died was Nicolas Venuta, 40, of Poway. The injured cyclist was Baron Herdelin-Doherty, 51, of Solana Beach, the president and chief executive officer of the YMCA of San Diego County. The driver that struck the two cyclists is Sheena Marie Saranita, 27, of San Diego. Saranita suffered only minor injuries.

Cause of the Highway 56 Bicycle Accident

The driver of the SUV was taken to the hospital following the accident and officers did not immediately speak with her. The CHP is investigating what happened and why the driver of the SUV veered off the freeway. Did she make a sudden maneuver or swerve to avoid something in the highway? It is not known yet if alcohol or drugs were or were not a factor. When accidents like this happen, impairment or distraction are always a possibility. The CHP may arrange to have the SUV inspected, if a defect such as a tire blow out, caused the driver to lose control of her vehicle. Hopefully the CHP investigation will reveal exactly what happened and why. Based on the information, it appears there is nothing the cyclists could have done to avoid being struck by the out of control SUV.

Bicycle Accident Wrongful Death and Personal Injury Liability

Following a cycling accident such as this May 31st Highway 56 bicycle accident in Rancho Peñasquitos, the family members of the two cyclists involved would be well-advised to speak with an experienced and knowledgeable San Diego bicycle accident lawyer. An attorney who is also a passionate cyclist understands the challenges cyclists face both on the roads, and in the aftermath of an accident. While the accident remains under investigation, a lawyer can ensure the families' best interests and legal rights are protected, to hold the driver and any other responsible parties accountable for the devastation this accident caused in a personal injury or wrongful death claim.

Continue reading "Bicyclist Killed, Second Critically Injured in Highway 56 Crash " »