San Diego Personal Injury Attorney Blog

CHULA VISTA - An accident Sunday evening at a Chula Vista shipyard gravely injured a 33-year-old man, San Diego 6 News reported. The incident occurred at about 6 p.m. on February 13, 2011 at the Marine Group Boat Works near G Street and Marina Parkway. The man, who was wearing a hard hat, was working with a crew to disassemble a 124-foot long barge when a beam somehow fell on his head and face, slicing his trachea. The victim was taken to UCSD Medical Center with life-threatening injuries.

Workplace Accident Personal Injury Liability

Safety at the workplace is so important. When accidents like this one occur, questions are raised regarding why an accident occurs and who is responsible. When accidents result from insufficient training, or inadequate supervision or other negligence, injured victims and their family may be entitled to compensation for their medical expenses and other damages. After a major injury accident such as this one, the victim's family would be well-advised to speak with an experienced California workplace injury lawyer about the accident and their best course of action to protect their legal rights.

Continue reading "Chula Vista Shipyard Worker Gravely Injured in Industrial Accident " »

A 49-year-old Rainbow man died Tuesday when he slipped into a commercial wood chipper in a Fallbrook avocado grove, the San Diego County Sheriff's Department reported. The accident was reported at 3:20 p.m. on December 14, 2010 in Rainbow, about 40 miles north of San Diego. Prior to the accident, the victim, Martimiano Morales Carreon, had been working to clear trees with his adult son. He reportedly was using his foot to push brush into the chipper when he lost his balance and was pulled into the machine. His son turned off the machine, but Carreon suffered severe injuries and died at the scene of the accident.

What Caused this Accident?

The cause of this accident, which occurred at 9329 Moon Ridge Road in Rainbow is being investigated by the Department of Industrial Relations Division of Occupational Safety & Health (Cal OSHA).

Industrial Accident Wrongful Death Liability

The news reports of this incident raise questions about the adequacy of the product's design. Could the manufacturer of the wood chipper have anticipated this accident could foreseeably happen? Was Carreon properly trained in the use of the machinery? Was the machine properly maintained? It is possible that the family members of Martimiano Carreon may have a valid wrongful death claim and may be entitled to compensation for their loss, including funeral expenses, loss of anticipated lifetime earnings and benefits, and loss of love, care, and companionship of family members. In fatal industrial accidents such as this Rainbow wood chipper accident, the family members of the victim may benefit from speaking to a San Diego wrongful death attorney about the accident and their legal rights and options to pursue compensation for their devastating loss.

Continue reading "Rainbow Man Killed in San Diego County Wood Chipper Accident " »

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.

A 56-year-old nursery worker died Tuesday morning when he got caught in a moving conveyor belt on a composting machine at Evergreen Nursery, Oceanside Police reported in a press release. The victim, Manuel Moreno, of Valley Center, was an employee of the nursery for 20 years. Police responded to the accident at 9:01 a.m. Moreno is believed to have died sometime between 8:15 a.m. and 8:58 a.m. Police believe Moreno somehow got his arm caught on the conveyor belt of the machine and wrapped around the wheel on which the belt turned.

Cause of the Industrial Accident

The California Division of the Occupational Safety and Health Administration is investigating the cause of the accident. Based on the news reports, it is not clear how Moreno became caught in the composter. Investigators will surely look at factors such as what was Moreno doing at the time of the accident, whether the composter malfunctioned in some way or was defective.

Industrial Accident Liability and "Third Party Claims"

It is likely that Manuel Moreno's family will be able to recover California Worker's Compenation benefits for their loss. However, because of the limitations of these benefits, they would be well-advised to contact an attorney about a possible "third party claim," which may be filed against a responsible party other than the victim's employer. If the composter was negligently maintained, or if it malfunctioned due to the way it was manufactured, the maintenance company or the manufacturer could be held liable for Moreno's wrongful death. An experienced California workplace injury lawyer would be able to review the facts of this accident and advise the victim's family of their legal rights in a possible wrongful death claim to compensate them for the unexpected and heartbreaking loss.

Continue reading "Valley Center Man Killed in Accident at Evergreen Nursery in Oceanside" »

The North County Times reported a 17-year-old Carlsbad resident was seriously injured early Thursday morning when she drove a Ford F-150 Truck into a construction zone on Carlsbad Boulevard. The accident occurred near Island Way, at about 1 a.m. on April 15th. The teenager was trapped in her vehicle. Apparently, she had driven about 21000 feet through barrel barricades and a chain link fence. The truck pushed the fence forward until it became lodged under a large excavator.

The teenager, who was not identified, was extricated and transported by helicopter to Scripps Memorial Hospital in La Jolla. Please keep her in your prayers. We hope she makes a full recovery.

Who Was At Fault?

Carlsbad police were investigating why the accident occurred. Based upon the news reports of the incident, it is not clear if the girl was driving recklessly or otherwise at fault, or if something was wrong with her vehicle. If the accident was caused by a defect in the vehicle or mechanical malfuction, such as a faulty gas pedal, the manufacturer of the Ford could be held liable for the Carlsbad accident and the teen's injuries.

Fault and Personal Injury Liability

In situations like this, where it is not entirely clear what happened, injured victims and their families would be well-advised to speak with an experienced San Diego personal injury attorney who can oversee the investigation by law enforcement and determine if the accident was in fact the fault of the auto manufacturer. In any situation where a defect in the vehicle is suspected, the car must not be repaired or altered until it can be inspected, as the vehicle itself is important evidence.

Continue reading "Carlsbad High School Student Injured in Early Morning Construction Zone Crash " »

A 55-year-old man was killed on Thursday, December 24, 2009, in a industrial accident at a lumber storage yard in San Diego. The man, identified by the San Diego Medical Examiner as Alberto Herrera-Garcia, of Ensenada, Mexico, was picking up a load of 20-foot long wood planks when the load fell off the forklift and onto him. Employees at the lumber yard called 911 and paramedics responded. Despite initiating CPR and advanced life-saving measures, Herrera-Garcia died at the scene. The accident occurred at about 9:15 a.m.

The San Diego Police responded to the scene, as well as the San Diego District Attorneys Office and CAL-OSHA. The California Division of Occupational Safety and Health, more commonly known as CAL-OSHA, investigates all industrial accidents resulting in death or serious injury. The cause of this lumberyard industrial accident is currently under investigation.

Continue reading "Ensenada Man Killed in Industrial Accident at Lumber Storage Yard in Otay Mesa" »