San Diego Personal Injury Attorney Blog

A 65-year-old Rancho Bernardo man very tragically died Friday night when he was rear-ended by a drunk driver at a stop light, San Diego Police reported. The accident occurred shortly after 9 p.m. Friday, at Camino Del Norte and Carmel Mountain Road. According to news reports, Marc William Durham, 65, who had retired just a week ago, was headed to the movies when he stopped at a red light at the Carmel Mountain intersection. His 2002 Toyota Corolla was rear-ended by a BMW driving eastbound on Camino Del Norte and pushed into several other vehicles.

Durham was wearing a seatbelt, but the high-speed impact of the crash caused the trunk and backseat of the Corolla to be pushed almost to the front seat. He died at the scene of the crash. The 57-year-old man driving the BMW suffered minor injuries and was taken to Palomar Medical Center. He was arrested on suspicion of driving under the influence of alcohol.

Cause of the Carmel Mountain Crash

The cause of the fatal Carmel Mountain intersection accident remains under investigation by the San Diego Police Department. However, if news reports are accurate, the man driving the BMW, who was reportedly under the influence of alcohol, likely caused this fatal accident.

Drunken Driving Accidents and Wrongful Death Liability

Driving under the influence of alcohol or any drug is against the law, under California Vehicle Code Section 23152: "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." If it is determined that the driver of the BMW was drunk, he will face criminal charges for his actions. Additionally, he may be held financially responsible for the death of Marc Durham in a civil claim for wrongful death. Damages awarded in a wrongful death claim may include compensation for funeral and burial expenses, future lifetime earnings and benefits, and loss of love, care, solace and companionship.

Continue reading "Rancho Bernardo Man Killed by Suspected Drunk Driver in Carmel Mountain " »

Four people, including three teenagers, suffered serious injuries Sunday night when a suspected drunken driver ran his Chrysler up a curb and plowed into the Cass St. Bakery and Café in La Jolla, authorities reported. The accident occurred around 6:30 p.m. on La Jolla Blvd near Forward Street. The driver, who was only identified as a 67-year-old man, was travelling south on La Jolla Boulevard when he struck the center divider on La Jolla Blvd and then continued onto the sidewalk where the teens were walking.

When police arrived, a customer inside the café was still pinned against the vehicle. He was taken to Scripps Memorial Hospital in La Jolla with serious injuries. Another restaurant patron suffered minor injuries. Two of the injured teens were taken to Rady Children's Hospital and one was taken to Scripps Memorial in La Jolla. The driver was arrested on suspicion of driving under the influence of alcohol.

Cause of the Accident

San Diego police are investigating the cause of the August 15th suspected DUI accident in La Jolla. If news reports are accurate, the drunk driver, who chose to get behind the wheel of his vehicle while intoxicated, caused this crash. Under California Vehicle Code Section 23152, "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."

Personal Injury Liability for DUI Accidents

If the suspected drunk driver is determined to have caused this crash, he may face criminal charges for driving into the café and injuring the teens and customers. Additionally, he may be financially liable for the victims' serious injuries. When accidents such as this one occur, the family members of the injured victims would be well-advised to contact a knowledgeable and reputable San Diego personal injury lawyer as soon as possible. Contacting a lawyer soon after an accident is important, while witness recollections and evidence are still fresh. An experienced accident attorney can help the victims understand and protect their legal rights, and recover maximum compensation for their injuries, including all medical care expenses, rehabilitation and therapy, lost earnings related to the accident, and damages for pain and suffering.

Continue reading "Three Teens and Restaurant Patron Seriously Injured After Drunk Driver Crashes into La Jolla Café " »

A man and two women were killed early Friday morning in a crash involving two vehicles on state Route 78 in Vista, the Union Tribune reported. The August 13th crash occurred on westbound Highway 78 at about 12:30 a.m., just west of Sycamore Avenue. According to news reports, a Nissan Altima occupied by two women and two men pulled over on the side of Highway 78, because one of the women was feeling ill. The two women, Susan Orozco, 23, of Escondido, and Erica M. Oliva, 23, of Fallbrook, got out of the vehicle on the north (right) shoulder. One of the men in the Altima, Oscar Guzman, 25, of Guzman, got out of the Nissan. The other man, Geraldo Cortez, 21, of Oceanside, remained in the front passenger seat.

The Altima was then struck from behind by a 1994 Jeep Grand Cherokee going west on the freeway. Both Susan Orozco and Erica Oliva, who were both employees of Valley View Casino, died at the scene of the crash. Guzman was able to step away and avoid being struck. Cortez was reportedly thrown from the car upon impact, but was not seriously injured. The Jeep overturned and came to rest in the number one lane. A passenger in the Jeep Cherokee, a 34-year-old Orange County man, was killed. The driver of the Jeep, Debi Sumi, 33, of San Marcos, was arrested on suspicion of driving under the influence and felony vehicular manslaughter.

Cause of the Highway 78 Crash

If news reports are accurate, this crash was likely caused by Debbie Sumi, who was driving under the influence and veered into the Altima parked on the shoulder of Highway 78. Under California Vehicle Code Section 23152, driving while under the influence of alcohol is against the law. However, the cause of the accident is still under investigation by the California Highway Patrol.

DUI Accidents and Wrongful Death Liability

If it is determined that the driver of the Jeep caused this accident, she will likely face vehicular manslaughter charges under California Penal Code section 191.5 (a). Additionally, she may be liable for the wrongful deaths of her passenger and Susan Orozco and Erica Oliva. Damages available in a wrongful death claim may include money for funeral and burial expenses, anticipated future lifetime earnings and benefits, and loss of love, care, and companionship associated with a loved one's preventable death. In some cases involving drunk drivers, punitive damages may also be awarded. While this August 13th crash remains under investigation, the family members of the three victims killed in this crash would be well-advised to consult with an experienced and knowledgeable San Diego personal injury attorney. A lawyer familiar with the unique legal issues of crashes involving drunk drivers can help the victims' family protect their rights and advise them of their best course of action handling communication with the insurance companies.

Continue reading "Three People Killed, One Injured in Alcohol-Related Crash on Highway 78 " »

A drunk driver who caused a fatal accident on December 13th on North Torrey Pines Road has been sentenced to six years in state prison, the San Diego Union Tribune reported. In March, Michael Patrick Landri, 31, of Carmel Valley, pleaded guilty to gross vehicular manslaughter while intoxicated.

Landri had been going home from a holiday Christmas Party when he rear-ended a stopped Volkswagen Passat at high speeds on December 13th. The impact ruptured the gas tank on the Passat and both vehicles burst into flames immediately following the collision. A passerby pulled Landri out of his Infiniti, but the victim, 33-year-old Jared Franklin Purton, suffered burns on more than 80 percent of his body and died at the scene of the crash.

Experts believed that Landri had been traveling between 88 and 109 mph at the time of the collision. The posted speed limit was 45 mph. Landri's blood-alcohol was measured at double the legal limit following the fatal crash.

After emotional family member victim impact statements, Judge Eugenia Eyherabide sentenced Landri to the midterm prison sentence available, taking into consideration his lack of a criminal record, his efforts to seek alcohol abuse treatment and his remorse.

Continue reading "Drunk Driver Sentenced to Six Years in Prison For Fatal Torrey Pines Accident " »

Three people were taken to area hospitals after a intersection accident just before 11 p.m. Friday in Rancho Penasquitos, San Diego police reported. The accident occurred at the intersection of Park Village Road and Ragweed Street. According to news reports, the suspected drunken driver, a man in his 20's, was driving a silver sedan that ran a red light and collided with a black car at the intersection. It was not clear what direction the vehicles were traveling.

The suspected drunken driver and a 24-year-old female passenger in his vehicle both suffered serious injuries. The 20-year-old man driving the black car was also injured; all three were taken to area hospitals.

Cause of the Rancho Penasquitos Accident

San Diego Police said the driver who ran the red light was driving under the influence of alcohol. If news reports are accurate, he is responsible for causing this DUI collision, and the injuries it resulted in.

DUI Accident Personal Injury Liability

In addition to criminal charges the suspected drunken driver is facing, he may also be civilly liable and financially responsible for the injuries of his passenger and the driver of the black car. While this accident remains under investigation, the victims of this accident would be well-advised to talk to a San Diego auto accident lawyer about their legal rights. Compensation available in a personal injury claim can include monetary damages for medical expenses, lost earnings related to an accident, emotional pain and suffering, and other accident-related expenses. An experienced lawyer can help the victims understand and protect their legal rights and obtain the maximum financial compensation they may be entitled to for their injuries.

Continue reading "Three Injured after Suspected DUI Driver Runs Light in Rancho Penasquitos " »

A 28-year-old woman was arrested Saturday on suspicion of driving under the influence after a crash in Chula Vista, the San Diego Union Tribune reported. The accident occurred at the intersection of Fourth Avenue and Main Street at about 12:30 p.m. on Saturday, May 29th. Authorities believe the 28-year-old woman ran a red light, resulting in the collision with a man on a motorcycle. The woman kept driving but was apprehended. The motorcyclist, who was not identified, was taken to a hospital with bone fractures and other injuries. Police found methamphetamine in the woman's vehicle. The cause of the accident remains under investigation.

Personal Injury Liability Issues

Under California Vehicle Code § 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." Leaving the scene of an accident is also against the law. While this incident is under investigation, the family of the man injured in this accident would be well-advised to contact a Chula Vista personal injury attorney who can hold the negligent motorist financially accountable for their loved one's injuries. An attorney can help the family obtain compensation for the victim's medical expenses related to the accident, lost earnings, and pain and suffering.

Continue reading "Motorcyclist Injured After Suspected DUI Crash in Chula Vista " »

A 29-year-old Fallbrook man suspected to be under the influence of alcohol lost control of his 1986 Isuzu on South Mission Road Thursday night and crashed head-on with a 1985, causing major injury to the other driver, the California Highway Patrol reported. The suspected drunk driver, Jose Gaspar, was also driving without a license when he struck the victim, Archie A. Barnes, 45, of Fallbrook.

The accident occurred at about 7:25 p.m. April 1, 2010 on South Mission Road, north of Via Monserate. Gaspar was driving south at about 45 mph when he collided with Barnes' vehicle in the northbound lane. Barnes' vehicle overturned as a result of the collision. Barnes sustained major injuries, including a broken left femur, and was taken to Palomar Hospital. Gaspar took off on foot, but was apprehended and arrested shortly after the accident. He sustained moderate injuries and was booked in the Vista Jail on charges of felony driving under the influence of alcohol, driving without a license, and felony hit-and-run.

We wish Barnes the best for a full and speedy recovery following this completely preventable accident. Please keep him in your prayers.

Fault & Liability Issues

It is against the law to drive under the influence of any alcoholic beverage or drug, under California Vehicle Code Section 23152 (a). In cases such as this one, the victim and his family would be well advised to speak with a San Diego auto accident lawyer experienced in handling DUI injury accidents. If the at-fault driver was not insured or underinsured, as he may have been since he was driving without a license, an attorney can also help the victim understand how his own car insurance policy may apply to this accident.

Continue reading "Suspected Drunk Driver Causes Major Injury Crash in Fallbrook " »

After two deadlocked trials, a third jury convicted John Michael Sedej, 47, of Poway, of gross vehicular manslaughter while intoxicated for a July 13, 2007 crash. The fatal accident occurred at 1:20 a.m. at La Jolla Village Drive and Genesee Avenue. Nancy Galeana-Ramirez, 28, died in the crash. Her mother and aunt were also injured. Sedej was driving an Acura SUV when he ran a red light and collided with a 2000 Ford Expedition carrying Galeana-Ramirez and her mother and aunt.

The verdict was read October 29, after which Sedej was taken into custody. Judge Melinda Lasater will be sentencing him today - he faces up to 12 years in prison. Sedej was also convicted of DUI causing injury and driving with a measurable blood-alcohol level causing injury.

Continue reading "Poway Man to be Sentenced for 2007 Fatal DUI Crash " »

The driver of an Infiniti G35 was arrested Sunday night after rear-ending a Volkswagen Passat at the intersection of Genessee Avenue and Torrey Pines Road. According to reports from police, the VW was driving south on N. Torrey Pines Road and slowing at the intersection when the Infiniti rear-ended it "like a bullet." The impact ruptured the gas tank on the Passat and both vehicles erupted in flames. A witness to the crash broke the windows of the Infiniti and was able to rescue the driver and passenger. He was unable to rescue the driver of the Passat, Jared Franklin Purton, 33, of Pacific Beach. According to the San Diego County Medical Examiner's Office, Purton held a doctorate and was employed at the Scripps Research Institute.

Michael Landri, 30, the driver of the Infiniti, was arrested on suspicion of driving under the influence of alcohol and booked into county jail, where he was held on $160,000 bail. Landri and his passenger were reportedly coming home from a company Christmas party. The accident is the third suspected alcohol-related fatality this weekend in San Diego County. Two teenagers were killed in separate crashes early Saturday in North County.

Continue reading "Alleged Drunk Driver Arrested Following Fatal Crash in Torrey Pines " »

Two North County teens were killed Friday night in separate crashes, both believed to be alcohol related. The deaths were the tenth and eleventh fatalities since September 20 involving vehicles with drivers under age 21, according to the San Diego Union Tribune. At least five of the nine accidents were believed to be alcohol related, including the most recent two on Friday.

Fatal Poway Accident

Veronica Elizabeth Aguirre, 17, a cheerleader and Poway High School student, was killed in a solo vehicle crash on Mountain Meadow Road shortly after 1:00 a.m. Saturday. Aguirre was the driver and sole occupant of a Kia Sportage travelling westbound on Mountain Meadow Road in the Hidden Meadows area, where she lost control of the car and crashed. While toxicology reports are pending, investigators believe Aguirre was under the influence of alcohol.

Fatal Harmony Grove Accident

About six hours later, at about 6:30 a.m. Saturday, another teen was killed west of Escondido. Jeffrey David Hodson, who turned 18 on Wednesday, was a front seat passenger in 2004 Honda travelling south on Harmony Grove Road. The driver of that vehicle, a 17-year-old who has not been identified, lost control of the vehicle and struck a large eucalyptus tree. Hodson died at the scene, according to the San Diego Medical Examiner's Office. The driver was arrested and faces charges of vehicular manslaughter and driving under the influence of alcohol. The California Highway Patrol is the investigating agency.

Recent Teen Deaths in San Diego County

Our deepest condolences go out to everyone who knew and loved Veronica and Jeffrey. They are sadly the most recent victims of a string of fatal traffic accidents in San Diego County the the last several months, including Michael Pyper, 17; Jacob Ayers, 19; Alex Capozza, 17; William Wardrip, 16; Gerardo Chacon, 17; Miguel Arias, 20; and Nieves Alejandra Ruiz, 17. Please keep these young people's families in your prayers. The loss of these young loved ones is surely devastating.

San Diego County Social Host Ordinances

Drinking and driving is of course, against the law. Teens have the responsibility to not drive while drunk, and should absolutely not get into a vehicle with a drunk driver, now matter how old they are. But teens are not the only ones who can be held accountable for these accidents; the adults who provide them with alcohol may also face both criminal and civil responsibility.

Continue reading "Two More Teens Killed in String of Alcohol Related Crashes " »

Between 6 p.m. Wednesday and 6 a.m. Friday, the California Highway Patrol (CHP) arrested 542 suspected drunk drivers in California - 29 more arrests than in 2008. In keeping with the statewide trend, arrest numbers were also up in San Diego County. This year, the CHP made 36 arrests of suspected drunk drivers, compared to 32 arrests last year. The Highway Patrol reported 12 fatalities across the state, including a fatal hit-and-run pedestrian accident in San Diego on Wednesday night. Fifteen fatalities were reported for the same period last year.

Driving while under the influence of alcohol or drugs is against the law in California, under California Vehicle Code Sections 23152 - 23229.1 Penalties for a first-time DUI Arrest include jail time from 96 hours to 6 months, a fine from $390 to $1,000 and a licenses suspension for up to 6 months. Additionally drivers must complete a driving under the influence program and may be ordered to install an ignition interlock device (IID), a device similar to a breathalyzer that is connected to the vehicle and requires a driver to breathe into the device before starting the vehicle. The vehicle will not start if the driver's blood alcohol concentration is above the programmed limit.

Last year in California, 35% of all fatal vehicle accidents were alcohol related. In addition to criminal charges, those injured in DUI injury accidents and family members of those killed in fatal accidents may hold the drunk driver civilly liable through a personal injury or wrongful death claim. For more information or if you would like a free consultation, contact the San Diego personal injury lawyers at Estey & Bomberger, LLP.

A single mom walking on the sidewalk in Poway was struck and killed Monday morning when a suspected drunk driver came up on the sidewalk and ran her over. The fatal pedestrian accident occurred on the 13700 block of Community Road south of Aubrey Street, at about 7 a.m. The driver, Becky Anderson, 44, was travelling south on Community Road when she struck Kristen Ann Bedard, 36, of Poway. Bedard died at scene of the accident. Anderson was arrested on suspicion of driving under the influence of drugs or alcohol and vehicular manslaughter. She was booked at the Las Colinas jail in Santee on $150,000 bail, the North County Times reported.

Monday's accident in Poway was the second sidewalk pedestrian fatality this week in San Diego County. A 35-year-old El Cajon woman was also struck and killed by an allegedly drunk driver Saturday night in Bostonia. Please keep the family of Kirsten Bedard in your prayers, as well as the family of Dee Dee Kohlmeyer, who was killed on Saturday.

Continue reading "Pedestrian on Sidewalk Fatally Struck in Poway " »

The California Highway Patrol is investigating a fatal pedestrian accident that occurred Saturday evening in an unincorporated area north of El Cajon in Bostonia. A woman driving a full-size Dodge pickup truck in the 1200 block of Pepper Drive lost control of her truck and struck Cydil Deann "Dee Dee" Kohlmeyer, 35, of El Cajon. The accident occurred at about 9:20 p.m. Kohlmeyer was flown by Mercy Air to a local hospital where she underwent surgery, but died of her injuries shortly before midnight.

The driver of the pickup, Deborah Felix, 51, also struck a parked Ford Ranger pickup truck, several mailboxes and crashed through a fence and into a house down the street. Felix attempted to leave the scene on foot but witnesses caught and held her until authorities arrived. She was arrested on suspicion of driving under the influence of alcohol.

Continue reading "DUI Accident North of El Cajon Kills Pedestrian" »