San Diego Personal Injury Attorney Blog

A Lakeside man was tragically killed early Tuesday morning in an accident on southbound Interstate 15 between Felicita Road and Via Rancho Parkway in Escondido, the San Diego County Medical Examiner's Office reported. The accident occurred at about 12:35 a.m. Tuesday, June 15th. The California Highway Patrol reported that some unsecured items, including a barbecue grill and what appeared to be a piece of wooden furniture, fell off a vehicle, and the motorcycle struck it. The driver of the motorcycle, David Ronald Jensen, 49, of Lakeside, and his wife were both thrown from the bike. According to San Diego 6 News, both were able to get up after the crash. However, Jensen was struck by a passing Toyota Prius moments later and killed. Jensen's wife was taken to Palomar Medical Center with non-life-threatening injuries.

Road Debris Accident Statistics

According to the AAA Foundation for Traffic Safety, vehicle parts, cargo, or other material that has been unintentionally discharged from vehicles onto the roadway is estimated to cause over 25,000 crashes per year in North America resulting in approximately 80-90 fatalities. The most common forms of vehicle-related road debris include tire treads, garbage from waste haulers, and lumber and construction materials. Particularly for motorcyclists, road debris is a serious safety concern.

Continue reading "Lakeside Man Killed, Wife Injured in Interstate 15 Motorcycle Accident in Escondido " »

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 60-year-old Riverside County man suffered very serious injuries Sunday afternoon in a crash on Highway 76 near Pala Casino, the Fallbrook Village News reported. According to reports of the incident, the motorcyclist, Martin Davidoff of Wildomar, was riding his 2002 Yamaha motorcycle eastbound on State Route 76 west of Magee Road in the Pala area when he rear-ended a stopped 2008 Chevy Colorado pickup truck at 1:29 p.m.

According to CHP reports, the gas tank of the motorcycle then ruptured and sprayed fuel onto the roadway and also onto Davidoff, engulfing him in flames. A Pala Tribal Law Enforcement officer used a fire extinguisher to put out flames. Davidoff was taken by Mercy Air to UCSD Burn Center with possibly life-threatening injuries and burns to the majority of his body. The driver of the Chevy, a 33-year-old Santa Ysabel woman, was not hurt in the accident.

According to the Fallbrook Village News, witnesses of the crash left the scene before investigators could talk to them about what happened. Witnesses are asked to call the Oceanside area office with any information they have on this collision: (760) 757-1675. The Fallbrook Village News stated that the CHP could not understand why the gas tank ruptured and ignited right away, as it did in this May 2 accident. Witness information could be very important in determining the cause of the crash.

Based on the news reports of this incident, it is not clear why this crash occurred. It is possible that a part in the motorcycle malfunctioned or was defective, causing the tank to easily rupture. While the investigation, the family of Martin Davidoff would be well-advised to speak to a San Diego motorcycle accident lawyer who can arrange to have the bike inspected to determine the cause of the crash. An attorney can also stay on top of the official law enforcement investigation and once it is complete, advise the victim and his family of their legal rights in a personal injury claim. If the bike was defective, the victim may be entitled to substantial compensation for his injuries, including medical bills, lost earnings related to the accident and pain and suffering endured as a result of his injuries.

Continue reading "Wildomar Man Badly Burned in Highway 76 Crash near Pala Casino " »

A 43-year-old man suffered very serious injuries Saturday evening in an accident in Linda Vista, San Diego police reported. The crash was reported just after 6:30 p.m. on Comstock Street near Comly Street. According to reports in the San Diego Union Tribune, the motorcyclist was riding north on Comstock when a sport utility vehicle heading south crossed into the northbound lane and ran over the motorcyclist.

The driver of the SUV, a 25-year-old woman who was not identified, was talking on her cell phone prior to crash and was also driving with a suspended license. She was arrested for reckless driving and outstanding warrants. A passenger in her vehicle tried to run away from the accident, but was arrested for possession of a methamphetamine pipe. The motorcyclist was taken to a hospital with very serious injuries.

Fault and Personal Injury Liability

If the news reports of this accident are accurate, the driver of the SUV is at fault for this crash, and is likely liable for the motorcyclists' injuries. While this accident is still under investigation, the family of the motorcyclist injured in this April 24th accident would be well advised to speak to a San Diego motorcycle accident attorney. An attorney can help the victim obtain compensation for his injuries in a personal injury claim against the driver. If the driver did not have insurance, an attorney can also explain how the victim may obtain compensation from his own insurance policy, if he has one.

Continue reading "Motorcyclist Seriously Injured in Linda Vista Head-On Collision With Driver on Cell Phone " »

Three people were injured in a multi-vehicle accident involving a motorcycle on Interstate 8 in La Mesa, the California Highway Patrol reported. The April 23rd accident occurred on westbound I-8 at Spring Street shortly before 10 a.m. The San Diego News Network reported that two vehicles collided first and then a motorcyclist collided into the wreckage of the initial collision. Two motorists and the motorcyclists were taken to local hospitals with injuries ranging from minor to moderate. The CHP is investigating the cause of the crash.

Accidents on freeways, especially accidents involving motorcycles, frequently cause catastrophic injury or death, and it is fortunate that it sounds like no one involved in this accident suffered life-threatening injuries. We hope everyone makes a full and fast recovery.

While the cause of this Interstate 8 accident remains under investigation, the injured victims and their families may benefit from speaking with a San Diego personal injury lawyer. Whoever is deemed at fault for this accident may be held financially responsible for the other victims' injuries in a personal injury claim. An attorney can help the victims negotiate maximum compensation with the insurance company and make sure they receive full and fair compensation for their injuries, including all related medical expenses, lost earnings and pain and suffering.

Continue reading "Three People Hurt April 23 in Interstate 8 Crash in La Mesa " »

A motorcyclist died early Tuesday morning after he fell about 150 feet off a freeway overpass in Mission Valley, authorities reported April 6. The victim was identified by the San Diego County Medical Examiner as Timothy Michael Kalista, 31. According to reports by Fox 5 News, Kalista was the sole rider on a motorcycle riding northbound on Interstate 805 on the transition ramp to westbound Interstate 8.

For reasons still not known, Kalista apparently lost control of his bike and was ejected. He fell off the bridge and landed about 150 feet below in the parking lot of a restaurant in the 2800 block of Camino Del Rio South. The cause of the San Diego motorcycle accident is under investigation by the California Highway Patrol. The medical examiner will determine whether alcohol or drugs contributed to the accident as well.

Was Caltrans Responsible?

Accidents involving freeway overpass falls have unique legal issues. If the location where the accident occurred was known to be dangerous, and nothing was done about it, the California Department of Transportation (Caltrans) could be responsible.

Caltrans works with the California Highway Patrol to identify places throughout the state where there are more crashes than average, and to see if Caltrans can do anything to make them safer. Over the last decade, dozens of trouble spots have been investigated throughout San Diego County, including the interchange ramps of Interstate 5 and Highway 78 in Oceanside, the southbound offramp at Interstate 15 and Deer Springs Road, and the westbound offramp from Highway 78 at Vista Village Drive in Vista. If improvements have been identified that could have prevented Kalista from falling off the ramp at Interstate 805, and the agency failed to implement them in a reasonable amount of time, it is possible that Caltrans could be liable for this accident.

Caltrans and other city and county governments pay millions every year to victims injured or killed by dangerous roadway conditions. In 2008, a jury ordered Caltrans to pay $10 million to a Los Angeles teenager who lost both of her legs when she struck a broken metal guardrail. Her attorneys showed the jury a work order to repair the guardrail that was ignored, and a collection of 20 similar accidents in the same location in the two years prior to the accident.

Liability For Wrongful Death

In cases against government agencies (like Caltrans), victims have only a six month window from the time when the accident occurs to file a claim. While this case is under investigation, the family of Timothy Kalista would be well-advised to speak to a San Diego wrongful death attorney as soon as possible to determine their legal rights in this motorcycle accident case.

Continue reading "Motorcyclist Dies after 150 Feet Fall From Freeway Overpass in San Diego " »

A man who was airlifted to Scripps Memorial Hospital following a motorcycle accident on SR 76 has died, the San Diego County Medical Examiner's Office has reported. The motorcycle accident happened on Thursday March 18th at 4:59 p.m. on eastbound State Route 76. According to reports, the motorcyclist, a 52-year-old Fallbrook resident, was forced to stop suddenly in heavy traffic on the 76, near Jeffries Ranch Road. He was ejected from his Harley Davidson and suffered severe head trauma in the crash. He was airlifted to the La Jolla hospital where he remained on life support until his death on Friday, March 19th.

Our hearts go out to the man killed in this accident. Please keep his family and friends in your prayers as they are grieving this sudden and unexpected loss.

The cause of the accident remains under investigation. Hopefully the investigation by law enforcement will yield answers as to why the crash occurred. The Medical Examiner's Office said the victim applied his rear brake, which caused him to lose control and be ejected from the bike. It is not know if the motorcyclist was travelling too fast for traffic conditions, or if the brakes failed and did not work properly.

Who Was At Fault?

The family of the man killed in this devastating accident may benefit from a consultation with a San Diego motorcycle accident lawyer about the cause of this crash and who was responsible. If mechanical malfunction of the brakes or some other part on the Harley Davidson caused this accident, the family may be entitled to damages for their loss from the manufacturer of the bike. A wrongful death attorney can review these issues further, examine the police report, have the bike inspected, and advise the family and help them protect their legal rights.

Authorities are investigating a fatal motorcycle accident that occurred Saturday afternoon in northern San Diego County. According to news reports in the San Diego Union Tribune Carl Davis Jr., 28, of San Diego, was riding a 2007 CVR 6000 east on Highway 78, when for unknown reasons, his motorcycle crossed into westbound traffic. Davis collided head-on with a 1976 Chevrolet pickup truck driven by a 47-year-old San Diego man. Davis died at the scene of the crash. The California Highway Patrol is investigating the cause of the crash, and will determine if speed or other factors contributed to the accident.

Please keep the family of Carl Davis Jr. in your prayers. Our deepest sympathy goes out to everyone who knew and loved him. The sudden and unexpected loss of a family member is always devastating and heartbreaking.

California State Route 78 transitions from a freeway to a two-lane highway through the Santa Rosa Mountains to Julian. Portions of this road are notoriously dangerous, and people are killed in accidents on Hwy 78 each year. While the cause of this fatal crash remains under investigation, the family may consider speaking to a San Diego motorcycle accident lawyer with experience in wrongful death cases. If a defective road condition or motorcycle mechanical failure contributed to the motorcyclist's loss of control and resulting fatal crash, the family may be entitled to compensation in a wrongful death claim.

A motorcyclist killed an accident Tuesday morning in Temecula has been identified by the Riverside County Coroner as John Anderson, 62, of Encinitas. According to reports of the accident, Anderson was riding a motorcycle south on Highway 79, about 2.7 miles south of Woodchuck Road in the Vail Lake area at about 10:30 a.m. Monday when for unknown reasons, he collided head-on with a northbound semi-truck. Anderson died at the scene of the crash. The California Highway Patrol is investigating the cause of the fatal Riverside County accident.

Please keep the family of John Anderson in your prayers. We share our deepest condolences with everyone who know and loved him.

Fatal Riverside County Motorcycle Accidents

In 2007, 41 people were killed in motorcycle accidents in Riverside County. The year before, in 2006, only 29 people died in motorcycle accidents, and 25 people died in 2005 in Riverside County motorcycle accidents. The number of people injured has also gone up in recent years. In 2005, 433 motorcyclists were injured in Riverside County. In 2006, 487 were injured and in 2007, 562 people were hurt. In San Diego County and statewide, motorcycle accident injuries and fatalities are also on the rise.

Continue reading "Encinitas Man Killed in Motorcycle Crash with Big Rig in Temecula " »

The California Highway Patrol has reported a 49-year-old El Cajon man was killed following a head-on collision in Alpine on Saturday afternoon. Virgil Frank Garrett was riding his motorcycle eastbound on Alpine Boulevard when he crossed into westbound lanes and into the path of a Honda Accord travelling westbound. The crash occurred at about 3:15 p.m.

According to reports in the San Diego Union Tribune, the driver of the Honda tried to swerve but was unable to avoid colliding with the motorcycle. Garrett was ejected from his motorcycle and his helmet was knocked off during the accident. He died shortly after the collision before he could be taken to the hospital.

Continue reading "El Cajon Man Killed in Motorcycle Crash in Alpine " »

A jury in Lee County, Florida awarded $44.9 million to Gerald Aloia, of Cape Coral, Florida. Aloia was paralyzed on October 22, 6006, when his motorcycle was struck by a Chevrolet Corvette in Cape Coral. The driver of the corvette, Deborah Veilleux, 45, died in 2007. The award was one of the largest in Lee County history, according to the Cape Coral News Press.

Motorcycle accidents are on the rise in California, according to the CA Highway Patrol. An estimated 500 motorcyclists died in fatal accidents in California in 2008. Although not all accidents can be prevented, safe riding can prevent many collisions. The attorneys at Estey & Bomberger strongly encourage all motorcycle riders to sign up for the California Motorcyclist Safety Program (CMSP) before beginning to learn to ride. To sign up for a CMSP course call 1 (877) RIDE-411.

Continue reading "Jury Awards $44.9 Million to Man Paralyzed in 2006 Car Accident " »