San Diego Personal Injury Attorney Blog

CHULA VISTA -- According to 10 News, a 77-year-old man struck a bicyclist with his car just after 8:30 a.m. Thursday. The tragic Chula Vista incident happened on Fourth Avenue when the driver was exiting a parking lot at Rice Elementary. The bicyclist, whose name is being withheld, was taken to a local hospital, where died about an hour later from his injuries. Lt. Eric Thunberg indicated that it is not clear if the driver was an employee at the school, however, he reported that the bicyclist apparently had the right of way at the time of the collision.

Chula Vista Bicycle Accident Wrongful Death Liability

It is unclear why the driver was not aware of the bicyclist on the roadway. However, if police determine that negligent and unsafe driving prompted this fatal January 19th collision, the family of the victim would be well-advised to speak to a Chula Vista personal injury lawyer. A compassionate attorney knowledgeable in fatal bicycle collisions can advise the family of their legal rights in a wrongful death claim, hold the responsible party accountable for the death of the victim, and help the family recover the compensation they are entitled to for the unexpected and tragic loss of their loved one.

Continue reading "Man Tragically Killed in Chula Vista Bicycle Accident" »

SAN DIEGO - A bicyclist sustained major injuries after he was struck by a car in Sorrento Valley Thursday afternoon. According to the San Diego Union Tribune, a Toyota sedan apparently swerved to the right and then struck the bicyclist at about 1:05 p.m. on Sorrento Valley Boulevard, just east of Whispering Heights Lane. The car eventually came to complete stop after it traveled across the sidewalk and struck a tree.

Following the accident, firefighters and paramedics pulled the cyclist beneath the vehicle after he was pinned underneath for about 10 minutes. The mid-40s bicyclist, who witnesses at the scene stated was bleeding heavily, was transported to a hospital for further treatment. The driver of the sedan - a 75-year-old woman - was also taken to a hospital for treatment, however, the condition or the extent of the driver's injuries was not released.

Cause of the Bicycle Accident in Sorrento Valley

Information obtained through the San Diego Union Tribune does not clearly indicate what caused the driver of the Toyota to swerve and hit the bicyclist. Authorities investigating this January 19th collision will look to determine whether speed, distracted driving, vehicle malfunctions, or negligent driving played a role in this terrible accident.

Injury Liability for San Diego Bicycle Accidents

Following an incident such as this one, the injured bicyclist would be well-advised to speak to an experienced San Diego bicycle accident lawyer. If the victim cannot contact an attorney due to his injuries and/or hospitalization, family members are advised to seek an attorney immediately regarding his legal rights.

An attorney who is handled cases involving car vs. bicycle accidents, can help the victim protect his legal rights, ensure evidence and witness statements are preserved to demonstrate the other party's responsibility, and recover the maximum compensation the victim is entitled to in a personal injury claim. Compensation in a civil claim can include medical care expenses, lost wages, disfigurement, pain and suffering, and other damages relating to this horrific bicycle accident.

Continue reading "Cyclist Struck by Car in Sorrento Valley" »

SAN DIEGO - A 12-year-old boy was struck by a hit-and-run driver on Saturday evening in San Diego, 10 News reported. The boy, whose name was not released, was riding his bicycle along National Avenue at 37th Street at 6:08 p.m., when he was severely hit by a southbound car. The impact of the collision left the boy with a broken tibia and fibula. After the accident, he was taken to a hospital for further treatment.

Cause of the Hit-and-Run Bicycle Accident in San Diego

It is unclear what caused the boy to be struck by the vehicle and why the driver fled the scene of the accident. 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." Therefore, the San Diego police will further investigate this December 24th collision and seek out the hit-and-run driver.

San Diego Bicycle Accident Personal Injury Liability

There is absolutely no excuse for fleeing the scene of an accident, especially when harm is inflicted to other individuals beside themselves. Therefore, while the investigation of this accident is ongoing, the family of the child would be well-advised to contact a skilled San Diego bicycle accident lawyer.

An attorney who specializes in hit-and-run accidents can help police in efforts to locate the driver. In the event the driver cannot be located, an attorney can advise the family of their legal rights to collect compensation for the boy's injuries through their own insurance policy, if they have one. Compensation in a personal injury claim can include medical care expenses, disfigurement, scarring, pain and suffering, or other damages relating this this devastating hit-and-run bicycle accident.

Continue reading "Boy on Bike Injured in San Diego Hit-and-Run Accident" »

SHERMAN HEIGHTS -- A 6-year-old boy was struck by a car at about 2:45 p.m. Sunday near 25th Street and L Street, 10 News reported. According to police, the 40-year-old male driver of a Honda Civic was stopped at a stop sign, and began to drive into the intersection when the boy on the bicycle went off the sidewalk and in front of the car. After the young boy was struck, he was dragged roughly 5 to 10 feet. Following the collision, the boy suffered head injuries, a bruised lung, and abrasions, and was taken to Rady Children's Hospital for further treatment.

Cause of the Bicycle Accident in Sherman Heights

The accident on December 4th remains under investigation by authorities. However, based on the information provided by 10 News and The San Diego Union Tribune, it is unclear who may be at fault for the accident, and whether it could have been avoided or prevented. Hopefully, police officials investigating the collision can come to a conclusion as to what happened and why.

San Diego Bicycle Accident Injury Liability

Children and the elderly are highly vulnerable serious injuries and/or death when involved in collisions with automobiles. Therefore, while the investigation of this bicycle accident on 25th and L streets is ongoing, the family of the child would be well-advised to contact a San Diego bicycle accident lawyer. A knowledgeable and experienced attorney at Estey Bomberger, can advise the family of their legal rights in a personal injury claim, determine who may be liable for the incident, and decide the best course of action to recover compensation for the boy's injuries, including medical care expenses, disfigurement, scarring, pain and suffering, or other damages in this horrific bicycle accident.

Continue reading "Boy Hit by Car While Riding Bicycle in San Diego" »

SAN DIEGO -- A 23-year-old woman was seriously injured Tuesday when she was struck by a car while riding her bicycle in the College Area. According to 10 News, the woman, whose name was not released, was riding south on College Avenue, near Cresita Drive, when she was hit by a Hyundai SUV at about 5:30 p.m.

The driver of the SUV, a 55-year-old man, was attempting to pass the bicyclist who was in the slow lane, but there was not enough room. The collision caused the female bicyclist to hit the ground and suffer major facial fractures.

San Diego Bicycle Accident Injury Liability

Bicycle accidents can cause severe injuries and/or death to the bicyclist. During collisions such as this one, where it is not apparent who may be at fault, the injured victim or the family of the victim would be well-advised to seek a San Diego bicycle accident lawyer. A skilled attorney at the law firm of Estey Bomberger, can ensure the victim's legal rights are protected, determine who may be responsible for the incident, and decide the best way to obtain compensation for her injuries. Compensation in a personal injury claim can include medical care expenses, lost earnings, disfigurement, scarring, pain and suffering, or other damages in this horrible November 29th bicycle accident.

Continue reading "Woman Injured in San Diego Bicycle Accident" »

NORTH PARK - A 30-year-old bicyclist very tragically died Friday morning at Scripps Mercy Hospital, after he was critically injured by an opening car door Wednesday night on University Avenue, west of Kansas Street. According to 10 News, the San Diego County Medical Examiner's Office identified the victim as Justin Newman, 30, of San Diego. The accident was reported at about 7:30 p.m. Wednesday night on University Avenue, west of Kansas Street.

California Vehicle Code Regarding Opening and Closing Doors

Under California law, motorists have a responsibility to not open the door of their vehicle unless it is safe to do so. California Vehicle Code Section 22517 states: "No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."

Fatal Bicycle Accident Wrongful Death Liability

If news reports are accurate, the person who flung open the car door into the path of Newman's bicycle may be responsible for causing this ultimately fatal collision. Following a door zone accident like this, where an inattentive motorist flings open a car door directly into the path of a bicyclist, the family members of the victim would be well-advised to speak to an experienced San Diego bicycle accident attorney. A lawyer who is also an experienced cyclist, and who has successfully represented victims of "door zone" accidents such as this September 28th accident in North Park, can advise the victim's family of their legal rights to hold the responsible driver accountable in a wrongful death claim, and best course of action to do so.

Continue reading "Cyclist Injured by Opening Car Door Dies of Injuries" »

RAMONA - An 11-year-old boy suffered a broken arm and leg Tuesday when he was hit by a pickup truck on Main Street, the San Diego Union Tribune reported. According to CHP reports, the boy was not wearing a helmet and was riding against traffic when he was struck at 1:41 p.m., near the corner of 10th and Main Street. He was airlifted to Rady Children's Hospital following the accident. The cause of the August 9th Ramona bicycle accident remains under investigation. According to the North County Times, officers found no evidence that alcohol or drugs were a factor in the collision.

Bicycle Accident Personal Injury Liability

The CHP will surely look at speed and other factors to determine why this accident occurred, and whether the driver of the pickup truck could have done anything to avoid the collision. While this accident remains under investigation, the parents of the young boy injured in this collision would be well-advised to speak with an experienced and knowledgeable San Diego bicycle accident lawyer. An attorney who understands the unique legal issues of car vs. bicycle accidents can review the CHP report and determine who is responsible for this collision. If the driver of the pickup truck is determined to be responsible, he may be liable for the young victim's medical care expenses, pain and suffering, and other damages.

Continue reading "Child Cyclist Struck by Pickup Truck in Ramona " »

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 " »

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 " »

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 " »

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 " »

LOMITA 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.

Continue reading "Cyclist Struck and Killed in Southeast San Diego " »

SAN 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.

Continue reading "Cyclist Killed by Dozing Street Sweeper Near Clairemont " »

In personal injury news, a jury in New York has awarded $6,125,000 to a 26-year-old restaurant deliveryman who was struck by a rental car while riding his bicycle and very seriously injured. The bicycle accident occurred on June 4, 2005. The victim, Jing Xue Jiang, was struck by a rental car whose driver, Jamaal Freeman, allegedly ran a red light at the intersection of Halsey Street and Lewis Avenue and Brooklyn. Freeman was allegedly speeding at the time.

As a result of the collision, Jiamg suffered numerous serious injuries, including fractures to his right forearm, left leg, and vertebrae. He also suffered a subarachnoid hemorrhage and concussion, and was hospitalized for two weeks following the accident. The jury rejected the defense attorneys' argument that Jiang could have avoided the accident, and found the defendants - Jamaal Freeman, Dollar Rent a Car, and Rental Car Finance Corp. - liable for Jiang's injuries. The jury's award included $6 million, for past, present, and future pain and suffering, and $125,000 for future medical care costs.

Continue reading "Jury Awards $6.1 Million to Bicyclist Struck by Car in New York " »

The San Diego personal injury lawyers at Estey Bomberger offer a free consultation for anyone who has suffered a serious injury or the death of a loved one in an unexpected accident. This is an invaluable opportunity for potential clients and their family members to meet with a knowledgeable and experienced San Diego personal injury attorney and discuss the liability merits and potential challenges of a case, and get a general idea of how much their case may be worth. Even if a potential client decides to negotiate a settlement on their own with their insurer, the information learned from a meeting with a lawyer can be very valuable. Consultations are offered whenever and wherever is most convenient. Sometimes clients come to our San Diego office; other times, one of our attorneys meets with a potential client at their home or hospital room. In some cases, consultations are done over the phone.

If you have been injured in an accident - or if a loved one has died in an accident, and you would like to know about your legal rights, contact the law firm of Estey Bomberger today. Our team is available 24 hours a day, seven days a week to take your call and answer your questions. With every consultation, there is absolutely no obligation. Our case review gives us an opportunity to share information with you, and determine if we may be able to help you recover monetary compensation for your injuries, or the wrongful death of someone you love. To learn more or to speak to a San Diego personal injury attorney about your potential case, contact us at (619) 312-4399, or fill out our contact form and an attorney will contact you shortly.