San Diego Personal Injury Attorney Blog

A cyclist was hospitalized after an accident Friday evening in San Marcos, 10 News reported. According to news reports, cyclist Michael Schaffer of San Marcos was riding across Smilax Road when he collided with a Ford Explorer sport utility vehicle driven by Charles Martin, also of San Marcos. The accident occurred at about 6:23 p.m. on August 6, 2010. According to the Sheriff's Department, the impact caused Schaffer to become wrapped around the front hood of the vehicle and carried for approximately 34 feet. Schaffer was taken to Palomar Medical Center with serious head injuries.

Cause of the Bicycle Accident

The cause of the San Marcos bicycle accident remains under investigation by the San Diego Sheriff's Department. Based on the limited information provided by news reports, it is unclear whether the cyclist violated the right-of-way of the Ford Explorer, or the Ford Explorer violated the right-of-way of the cyclist, or what happened to cause this collision. It is not clear who was at fault for this accident.

Bicycle Accident Injury Liability

Bicycle accidents, such as this one in San Marcos, cause serious injury. If it is determined that the driver of the SUV caused this accident, he may be liable for the injuries it resulted in, including the cyclist's medical expenses and care costs, lost earnings due to not being able to work, and pain and suffering. While this investigation is pending, his family may benefit from speaking to a skilled and knowledgeable San Diego bicycle accident lawyer. An attorney who is also a cyclist and has represented dozens of injured bicyclists can help the victim and his family protect their legal rights and ultimately recover the maximum compensation available for this accident and the serious injuries it resulted in.

Continue reading "Cyclist Seriously Injured in Collision with SUV in San Marcos" »

The San Diego Union Tribune reported a bicyclist was injured Monday afternoon in a collision with a sport utility vehicle in the 4S Ranch area. The crash was reported at 3:14 p.m., near the intersection of Camino del Norte and Dove Canyon Road. According to news reports, a 17-year-old girl driving the SUV lost control of her vehicle, and it overturned several times, striking the 29-year-old woman riding a bicycle. Both the teen driver and the cyclist were hurt and were taken to the hospital. The extent of their injuries was not clear.

Cause of the 4S Ranch Bicycle Accident

Details about the cause of the August 2nd bicycle accident were limited, and it is not evident what happened to cause the driver of the SUV to lose control of her vehicle. At this point, there are more questions than answers as to what occurred. Was the teen driving the SUV distracted, speeding, or did a tire blowout or road hazard cause her to lose control? Investigators will look at these factors, and others, to determine what happened, and who was responsible.

Personal Injury Liability for Bicycle Accidents

In situations such as this one, where the negligence of a driver may have played a role in an injury accident, the injured victim or her family members would likely benefit from consulting with a San Diego bicycle accident lawyer. A skilled personal injury attorney who has successfully represented victims of car vs. bicycle accidents can help the injured victim protect her legal rights and recover the maximum financial compensation that she may be entitled to for her injuries as a result of this accident. Damages awarded in a personal injury claim can include money for medical care expenses, lost earnings related to an accident, and pain and suffering.

Continue reading "Bicyclist Injured in Crash with SUV in 4S Ranch " »

A 22-year-old woman suffered a double skull fracture Sunday night after she was struck from behind by a bicyclist while walking her dog, police reported. The woman, who was not identified, was walking her dog east on Carmel Valley Road near Caminito Del Barco in Del Mar when she was knocked down by a cyclist around 9:00 p.m. She was able to get up and walk to her home, but later when to a hospital, where she was diagnosed with a skull fracture and head injury. Police were then called to the hospital, and began their investigation. No description of the cyclist was immediately available.

Hit and Run Accidents involving Cyclists

Cyclists have the same obligation as drivers of motor vehicles to stop at the scene of any accident resulting in injury. Regardless of who was at fault or responsible, the cyclist had a duty to stop. Under California Vehicle Code § 20001, "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..." In this case, for leaving the scene of the accident, the cyclist may face the same legal sanctions for this accident as the driver of an automobile would have.

Continue reading "Pedestrian Struck by Hit-and-Run Cyclist in Del Mar " »

A 22-year-old man was taken to Scripps Memorial Hospital after he was struck by a pickup truck while riding his bike in Carlsbad, the San Diego Union Tribune reported. The accident occurred Monday, June 7, at about 11:30 p.m. on Cannon Road, east of Hemingway, police said.

The man, who was not identified, suffered a head injury and an apparent broken leg. The pickup driver, who was also not identified, was not cited. However, the investigation into the cause of the accident is still pending and charges could be filed at a later date. 10 News reported that the cyclist was riding in the bike lane when he was struck.

Bike Accident Personal Injury Liability Considerations

While this accident remains under the investigation of police, the family of the victim injured in this accident would be well-advised to consult with a San Diego bicycle accident attorney. Even if the driver is not cited, the victim may still be entitled to compensation for his injuries in a personal injury claim. A skilled bike accident lawyer can help the injured victim understand and protect his legal rights, and obtain full and maximum compensation for his medical expenses related to the accident, lost earnings and pain and suffering.

Continue reading "Cyclist Hospitalized After Carlsbad Bicycle Accident " »

A 27-year-old active duty U.S. Navy sailor stationed at Camp Pendleton was struck by a vehicle while riding his bike Tuesday evening, the North County Times reported Thursday. The May 27th accident occurred shortly after 5 p.m. on Vandergrift Boulevard, north of Ash Road. The sailor, who was not identified, was hit by a Honda Odyssey minivan.

According to a press release from the San Diego County Medical Examiner, a 911 call was made and the man was flown to Scripps Memorial Hospital in La Jolla, where he died at 11:22 p.m. The cause of the accident is under investigation by the Naval Criminal Investigative Service (NCIS).

Cause of the Bicycle Accident

Based on the limited news reports of this accident, the cause of this accident is not clear. Why did the driver of the Honda hit the cyclist? It is not clear if excessive speed, driver distraction, or reckless driving contributed were factors in the collision. Hopefully the investigation will reveal exactly what happened and why this tragic bicycle accident on Camp Pendleton occurred.

Wrongful Death Liability

While this accident remains under investigation, the family of the victim would be well-advised to talk to San Diego bicycle accident attorney about this accident and the possibility of a wrongful death claim. If the driver of the Honda caused this accident, he or she may be liable for the wrongful death of the cyclist, including funeral expenses, loss of the victim's anticipated future earnings, and loss of care, love and support. A skilled wrongful death attorney can help the victim's family understand and protect their rights following their sudden and unexpected loss.

Continue reading "U.S. Navy Sailor Struck and Killed While Riding Bicycle on Camp Pendleton " »

A 24-year-old woman suffered major injuries Saturday after she was struck by a car in University City, authorities reported. The accident occurred at the intersection of Genesee Avenue and La Jolla Village Drive just before noon on April 17, 2010. According to reports in the San Diego Union Tribune, the woman, who was not identified, was riding northbound on Genesee Avenue when she was hit by a 2004 Infiniti sedan that was travelling west on La Jolla Village Drive.

Witnesses reported the windshield of the Infiniti was shattered, and authorities said that the woman's injuries were serious, but did not appear to be life-threatening. San Diego police are currently investigating the cause of the accident. Alcohol is not believed to be a factor in the crash.

This UTC area accident is at least the second major accident involving a cyclist on Genesee Avenue in the last six months. On November 9, 2009, a 63-year-old San Diego man was killed when his bicycle collided with a police car at the intersection of Genesee Avenue and Governor Drive, about 1.5 miles from the location of this April 17 accident.

Fault and Liability Issues

Based on the news report of the accident, it is unclear why the accident occurred and who was at fault for the accident. In the course of their investigation, police will hopefully determine if the driver of the Infiniti was at fault, or if the cyclist rode into the path of the car. If the driver of the Infiniti caused this accident, he may be held financially liable for the cyclist's medical expenses, any lost earnings caused by the accident, and her pain and suffering.

While this crash remains under investigation, the family of the injured cyclist would be well-advised to speak with an experienced and skilled San Diego bicycle accident lawyer who can explain the unique legal issues of this accident, and help the family protect their legal rights and understand their options. Depending on how the accident occurred, the cyclist may be entitled to compensation for her injuries even if the driver is not cited for the accident by law enforcement.

Continue reading "Female Cyclist Struck By Car, Seriously Injured in University City " »

A man was taken to the hospital after a crash involving a Ford minivan in the Midway district Wednesday morning, the San Diego Union Tribune reported. It was not clear whether the cyclist was hit by the minivan or ran into it. The April 14th San Diego bicycle accident was reported shortly before 6 a.m. Kurtz Avenue was shut down between Rosecrans Street and Pacific Coast Highway following the crash. The man was taken to the hospital with unknown injuries.

Bicycle accidents can be devastating to cyclists. Cyclists can be struck a number of ways, such as when cars turn into the path of the bicycle because the driver assumes there is no oncoming traffic, or when car drivers or passengers open the door of a parked car into the path of an oncoming cyclist. Cyclists may also be thrown of their bikes when cars sideswipe them on the side of the road.

After any bicycle accident, it is important to understand who was at fault (it may be more than one person or party) and liable for the victim's injuries. Injured cyclists may be entitled to monetary damages for medical expenses, loss of earnings, pain and suffering, and other expenses related to an accident. The San Diego bicycle accident attorneys at Estey Bomberger have represented numerous injured cyclists in bicycle accident injury and wrongful death claims in San Diego. If you or someone you love has been injured in a bicycle accident, contact us for more information or discuss your case with an attorney. All consultations are free.

Continue reading "Bicyclist Injured April 14th in Midway District Crash " »

Dozens of cyclists are injured each year when they are struck by cars in San Diego County. If you have been injured in a bicycle accident, you may be wondering whether or not you may be able to obtain compensation in a personal injury claim. The videos below address some of our most frequently asked questions about bicycle accidents and personal injury claims, including "Who is at fault in a bike accident," "What is the role of an attorney in a bicycle accident lawsuit?", "What is a common mistake made when it comes to bike accidents?", and "When should you contact an attorney after a bicycle accident?"

The San Diego bicycle accident lawyers at Estey & Bomberger have successfully handled numerous cycling accident cases. These cases can be complex because insurance companies will often try to shift blame for an accident onto the cyclist, even if another driver is actually at fault for the collision. Founding partner Mike Bomberger has been cycling competitively for several decades, and understands the challenges cyclist face sharing the road with negligent motorists. His experience as a cyclist brings a unique perspective to bicycle accident cases. If you have been hurt in a San Diego bicycle accident and would like more information about your legal rights, contact Estey & Bomberger at (619)312-4399. All consultations are free and without obligation.

A 38-year-old man was struck and killed by a city dump truck yesterday while riding his bike in the Oak Park area of San Diego. The fatal bicycle accident occurred near the intersection at Krenning Street and College Grove Drive at about 1 p.m. Monday. Authorities reported the cyclist attempted to pass the truck on the right when he was struck, but it was not clear if he was on the sidewalk or in a crosswalk. Nobody else was injured in the accident. According to reports in the San Diego Union Tribune, medics who responded to the scene tried to revive the victim but he died before he could be transported to a local hospital.

On Tuesday, the county medical examiner identified the victim as Juan Carlos Navarro. Our sympathy goes out to everyone who knew and loved Juan. Please keep his family in your prayers.

Based upon news reports of this accident it is not clear exactly how the intersection occurred. It is not clear if Juan was on the sidewalk or in a crosswalk when he was struck. While this crash remains under investigation, his family may benefit from consulting with a San Diego cycling accident wrongful death attorney who can help the family understand and protect their legal rights. The family may have a claim for wrongful death against the operator of the garbage truck or possibly the city of San Diego.

Continue reading "Cyclist Struck and Killed by City Dump Truck in Oak Park" »

A 44-year-old La Jolla man died Sunday of a closed head injury following a crash on Lowry Terrace in La Jolla on Saturday afternoon, the San Diego Medical Examiner has reported. The bicycle accident occurred at about 1:10 p.m., on Lowry Terrace at El Paseo Grande. Alan Nash, of La Jolla, was riding north on Lowry when he attempted a right turn onto El Paseo Grande. Nash, who was not wearing a helmet, lost control of the bike at an estimated 25 mph and hit his head on the street. He was taken to Scripps Memorial Hospital in La Jolla, where he died Sunday morning.

It is sad to hear of this accident, which is the second cycling fatality in San Diego in just a week. We send our condolences to everyone who knew and loved Alan Nash, as well as Walter Freeman, who was killed in a collision with a police car in University City last Monday.

Continue reading "La Jolla Man Killed in Bicycle Crash " »