San Diego Personal Injury Attorney Blog

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 " »

Five people were injured in a multi-vehicle collision Thursday morning in the Mt. Soledad area, San Diego 6 News reported. The accident occurred on northbound Interstate 5, between state Route 52 and Gilman Drive, just before 8 a.m. The crash occurred on the left shoulder near the center divider. According to CHP reports, two men were working under the hood of their broken-down vehicle when the car was struck from behind by a silver sedan. The rear-end impact send the men flying into the air. A pickup truck rear-ended the second sedan, and a fourth vehicle may have also been involved.

The traffic delay forced a pregnant woman stuck in traffic to give birth in a parking lot off Regents Road. The baby girl was reportedly just fine, and paramedics took her and her mother to the hospital.

Disabled Vehicles and Freeway Accidents

In situations where a vehicle breaks down on the side of a freeway, occupants should always remain in the car with seatbelts fastened until help arrives. Attempting to move or repair a vehicle can lead to serious accidents, as was the case in this July 29th accident in La Jolla. Just two months ago, three people exchanging information after an accident on the side of Highway 101 in Sherman Oaks were killed when a BMW crashed into the wreckage at high speeds. And earlier this month, the driver of a disabled Audi suffered major injuries on the Pomona Freeway when his car was struck by a bobtail box truck.

Personal Injury Liability

Based on the news reports of this incident, it is not clear what exactly happened and who was responsible. If it is determined that the driver of the vehicle caused the accident, she may be liable for the injuries of the two men who were working on the Honda, and anyone else injured in this major injury collision. While the cause of the accident is still being investigated, the family members of the seriously injured victims of this accident would be well-advised to speak with a San Diego personal injury lawyer as soon as possible. An experienced attorney can help the victims' understand and protect their rights so that they receive the maximum compensation for their injuries, including medical expenses and future care costs, lost earnings as a result of their injuries, and pain and suffering.

Continue reading "Major Injuries in Interstate 5 Crash in La Jolla " »

In personal injury news, a San Mateo County jury has ordered Caltrans to pay $12.2 million to a teen who remains in a coma after being struck by a car in Millbrae on March 28, 2006, the San Mateo Daily Journal reported last week. Emily Liou was 17 when she was struck by a Toyota on El Camino Real more than fours ago. She suffered a traumatic brain injury and remains in a permanent vegetative state.

At trial, Liou's attorney argued that the crosswalk where the accident occurred was dangerous because it sits on a rise where it is hard for or drivers to spot pedestrians. In the 15 years leading up to Liou's 2006 accident, three other pedestrians were killed in the same crosswalk. The jury found the driver 30% responsible, Caltrans 40% responsible and the victim 20% responsible.

Continue reading "Driver, Caltrans to Pay $12 Million to Pedestrian Injured in 2006 Accident in San Mateo County" »

A five-year-old boy was seriously injured in Alpine Tuesday afternoon in an apparent hit-and-run accident, San Diego 6 News and East County Magazine reported July 13th. The incident was reported shortly after 5 p.m., in the 2100 block of Alpine Glen Place in the Japatul Valley area.

According to news reports, the young boy, who was not identified, was pinned between a vehicle and a block wall. The boy, who was breathing and conscious but may have suffered broken bones, was airlifted to a hospital. The suspect fled the scene. Authorities were able to get an ID on the car that struck the boy, and the vehicle was registered to a local owner, identified as only a white male adult. Law enforcement went to his home, but he could not immediately be located.

Duty to Stop at Scene of Accident

It is absolutely horrifying to imagine that a grown adult would flee the scene of an accident, and leave an innocent young little boy suffering, as it appears was the case here. Regardless of how an accident occurs, leaving the scene of an accident is against the law, not to mention morally reprehensible. Under the California Vehicle Code § 2001 (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." When the driver is located, he will likely face criminal charges for fleeing the scene of the accident.

Liability for Personal Injuries

When the driver is located, in addition to criminal charges, he may be financially liable for the injuries of the boy in a personal injury claim. While this accident is under investigation, the parents of the victim would be well-advised to contact a San Diego pedestrian accident attorney about this accident and the legal issues stemming from this accident. A skilled lawyer can help the family obtain compensation for the boy's injuries and pain and suffering as a result of this accident. In the event the driver is not located or if the driver is located and uninsured, an attorney may be able to help the family obtain compensation from their own motor vehicle insurance policy, if they had one.

Continue reading "Five-Year-Old Boy Injured in Alpine Hit-and-Run Pedestrian Accident " »

A 52-year-old San Marcos man died early Saturday when he was struck by a car while walking in the westbound lanes of Highway 78, the North County Times reported. The victim was identified by the San Diego County Medical Examiner's Office as Mark Allen Dale, 52, of San Marcos.

According to news reports, CHP officers came across the victim's body lying in westbound traffic lanes at 2:48 a.m. near Vista Village Drive. It was not known what time he was struck. CHP officers discovered Dale's silver Mercury Cougar on the right shoulder of the eastbound SR 78 traffic lanes at the Escondido Avenue exit just east of Vista Village Drive. It was not clear why Dale was attempting to cross the highway. The driver that struck him fled the scene.

Based on the evidence and debris at the scene, officers believe that the vehicle that struck Dale was a 2005 or 2006 Ford Expedition XL or XLT. There was likely major damage to the front of the vehicle. Authorities said there were apparently no witnesses to the accident. Anyone with information about this accident or the driver who fled the scene is asked to contact Officer Mike Bush at (760) 757-1677.

Cause of the Accident

The CHP is continuing to investigate and search for the driver. Walking across the freeway in the middle of the night is clearly dangerous and it is possible that in doing so, the pedestrian contributed to the accident. However, no matter what happened, there is absolutely no excuse for the driver fleeing the scene of the accident. It is possible that the driver involved in this July 10th accident could have helped save Mark Allen Dale if he or she had stopped immediately afterward. The Medical Examiner's press release stated that charges will be pending against the driver or drivers involved in the accident.

Wrongful Death Liability

Along with the heartbreak and devastation of the loss of a family member, families may also face financial challenges after a sudden loss. In hit-and-run fatality accidents, in addition to criminal charges for hit-and-run, the driver involved in this accident, if he or she is located, may be liable for the wrongful death of the victim. In the event the driver is not located, the family may be entitled to compensation for their loss from the victim's own auto insurance policy, if he had one.

Damages awarded in a wrongful death claim may include compensation for future anticipated earnings and benefits of the decedent, funeral and burial expenses, and loss of love, care and companionship. While this accident remains under investigation, the family members of the victim would likely benefit from speaking to a San Diego wrongful death attorney about this fatal Highway 78 pedestrian accident and the unique legal issues involved. A skilled lawyer who has represented families of victims of fatal hit-and-run crashes on highways can advise the victim's family of their legal rights, options and responsibilities and best course of action should they wish to pursue a wrongful death claim.

Continue reading "San Marcos Man Killed in Hit-and-Run on Highway 78 " »

A man suffered head trauma and a broken femur when he was struck by a car on Friday, June 25th in downtown San Diego, the San Diego Union Tribune reported. The pedestrian accident occurred about 1:30 p.m. in the Cortez area. According to news reports, a man, who was not identified, was crossing the street when he was hit by a 2000 Toyota 4Runner making a left turn from northbound 2nd Avenue onto Beech Street. The man was taken to a hospital with serious but non-life-threatening injuries.

Cause of the Pedestrian Accident

Police are investigating the incident and reported that alcohol was not believed to be a factor. Police will no doubt look at many factors in determining the cause of the accident, including whether the driver of the 4Runner made a full stop at the intersection and whether she was distracted or otherwise driving negligently.

Pedestrian Accident Injury Liability

While this accident remains under investigation, the family members of the victim would be well-advised to speak with a San Diego pedestrian accident lawyer who can help the victim protect his legal rights following this accident. If the driver of the vehicle is determined to have caused this accident, the victim may be entitled to compensation for his injuries, including monetary damages for medical expenses, lost earnings, pain and suffering and other accident-related expenses.

Continue reading "Pedestrian Struck by Car at 2nd Avenue and Beech Street" »

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 73-year-old Vista man was killed early Wednesday morning in a hit-and-run accident near the intersection of E. Vista Way and Monte Mar Road in Vista. The victim, Richard Louis Canngiano, was apparently attempting to cross the E Vista Way south of the intersection when, according to Sheriff's Deputies, a passerby observed the victim on the ground. It was not clear whether the man had fallen, or had been struck.

The passerby turned around to help the Canngiano. However, before the passerby could reach him, Canngiano was struck by a a small pickup truck similar to a mid 90's Ford Ranger travelling south on E. Vista Way in the #1 lane. The driver of the pickup truck stopped briefly, but fled the scene.

It is not clear why Canngiano was crossing the road so early in the morning, or whether other vehicles were involved. Regardless of why this accident occurred or whose fault it was, fleeing the scene of an accident causing injury or death is a crime. Under the 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."

Our deepest condolences go out to the family of Richard Canngiano. For the family's sake, we hope that the driver of the vehicle that fled this accident will come forward or be located quickly. The vehicle likely has a suspension lift and larger tires, and paint damage on the front end. If anyone has information about this incident, the driver, or the vehicle involved, they are asked to contact Deputy Cannon at the Vista Sheriff's Station (760) 940-4556.

Continue reading "Elderly Pedestrian Killed in Hit-and-Run Accident in Vista " »

A man who was struck and killed by a teen driver in Chula Vista Thursday night has been identified as Elden G. Thorson, 53. According to the San Diego County Medical Examiner's Office, Thorson was apparently a homeless man living in the Chula Vista area. On Thursday, June 3rd, he was crossing the 3000 block of Main Street at about 10:20 p.m. when he was struck by a tan Toyota Camry.

The San Diego Union Tribune reported that the 16-year-old driver of the Camry was not injured and stopped to try and help Thorson, who died at the scene. The teen driver was not charged. Chula Vista Police are investigating the cause of the crash.

Continue reading "Victim of Chula Vista Pedestrian Accident Identified " »

A 35-year-old man was rushed to Scripps Mercy Hospital Saturday morning after being struck by an out-of-control vehicle while jogging in Chula Vista, 10 News reported. The accident occurred on Monday, May 31st, just before 8 a.m. on the south side Telegraph Canyon Road, about 100 yards west of Paseo Ladera.

The San Diego Union Tribune said the jogger, who was not identified, did not see the Nissan Sentra before it came over the curb and struck him. The injured man was taken to the hospital with head trauma and possible bone fractures, but is expected to survive. Police said they are investigating why the driver lost control of the vehicle. Alcohol was not believed to be a factor in the accident, and the driver was not cited or arrested at the scene.

Cause Of the Accident

Based on the limited information provided in news reports, it is not clear why this accident occurred. Authorities are undoubtedly investigating if the driver suffered some sort of medical emergency, or if he or she was distracted by something like a cell phone or the car radio, or if something malfunctioned in the vehicle to cause the driver to lose control of the Sentra.

Jogging Accident Liability Issues

While the incident remains under investigation, the family of the injured jogger would be well advised to talk to a San Diego pedestrian injury lawyer about this incident and the unique legal issues involved. Even if the driver is not cited, if he or she is determined to have caused this crash, the victim may be entitled to compensation for this accident, including medical expense costs, lost earnings or wages, and pain and suffering.

Continue reading "Jogger Struck by Out-of-Control Vehicle in Chula Vista " »

A 10-year-old girl suffered serious injuries Friday afternoon when a collision caused a pickup truck to jump a curb and strike her, City News Service reported. The El Cerrito accident was reported at around 2:45 p.m. Friday, May 7th., in the 5500 block of El Cajon Boulevard. According to reports, a eastbound pickup truck collided with a westbound Volkswagen, causing the pickup truck to spin out and jump the curb, striking the young girl.

The girl, who was not identified, suffered serious head and facial injuries and was taken to Children's Hospital. We hope that she makes a fast and full recovery from her undoubtedly very serious injuries. Please keep her in your prayers. San Diego 6 News reported four people were hurt in the accident. It is not clear who else was injured or the extent of their injuries.

Personal Injury Liability Issues

As an uninvolved pedestrian standing out of traffic on the side of the road, the young girl was certainly not at fault for her injuries. She was hurt because of the collision that took place on El Cajon Boulevard. Based on the news reports, it is not clear whether the driver of the Volkswagen or the driver of the pickup truck was at fault.

The driver determined to have caused this crash will likely also be determined to have caused the young child's injuries. While the accident is still being investigated, the family of the girl hurt in this crash would be well-advised to talk to a San Diego personal injury attorney familiar with the unique legal issues of pedestrian accidents involving children. An experienced attorney can help the family understand and protect their legal rights, and recover the compensation the victim is entitled to for her injuries, including her medical care expenses and pain and suffering endured as a result of this accident.

Continue reading "Head-On Collision Injures 10-Year-Old Girl Standing on Side of Road " »

A 40-year-old man was struck by a car Thursday night in the Loma Portal neighborhood, police reported. The May 7th accident occurred around 8:35 p.m. Thursday on Pacific Highway, near Barnett Avenue. The San Diego Union Tribune reported the man, who may have been homeless, was struck by the side mirror of a vehicle whose driver quickly swerved in an attempt to avoid striking him. The victim was taken to a local hospital with a broken arm and pelvis.

It is not clear whether the pedestrian was on the side of the road or was crossing the road when he was struck. The cause of the accident remains under investigation. We hope that the man injured in this accident makes a quick and full recovery from his undoubtedly very serious injuries. Please keep him in your prayers.

Recent San Diego County Pedestrian Accidents

A number of people have been injured or killed in pedestrian accidents recently in San Diego County. On April 28th, a woman suffered serious injuries when she was hit by a car at Second Avenue and Elm Street. On April 18th, 21-year-old Jonathan Michael Ulmer was struck and killed while walking on State Route 94 in Jamul. On April 11th, a San Diego woman was struck and killed in a pedestrian accident on Camino Ruiz in Mira Mesa. On April 8th, a 21-year-old woman and her 3-year-old son suffered major injuries when they were struck by a Toyota in East County at Fury Lane and Via Rancho San Diego.

Personal Injury and Wrongful Death Liability for Pedestrian Accidents

The San Diego pedestrian accident lawyers at Estey Bomberger represented dozens of pedestrian accident injury cases. We are familiar with the legal issues that surround these cases, and have helped injured clients and families of those killed in pedestrian accidents recover millions of dollars in verdicts and settlements against negligent motorists and other parties responsible for pedestrian accidents. If you have been hurt in a pedestrian accident in San Diego and would like more information about your legal rights, contact Estey Bomberger to discuss your potential case with an attorney.

Continue reading "Pedestrian Struck by Car In Loma Portal " »

A woman suffered serious injuries Wednesday morning when she was struck by a Ford Explorer at Second Avenue and Elm Street in Centre City , the San Diego Union Tribune reported. The April 28th accident was reported at 6:10 a.m. The woman, who was not identified, was taken by ambulance to a local hospital. The cause of the Park West accident is under investigation by the San Diego Police Department.

Fault & Personal Injury Liability

Based on the limited information provided about this pedestrian accident, it is not clear who was at fault or what exactly happened in this accident. If the driver was responsible for the accident, he or she could be held liable for the pedestrian's injuries, including medical expenses, lost earnings or wages, and pain and suffering. In cases like this one, the injured parties would be well advised to speak to an experienced and skilled San Diego pedestrian accident lawyer, who can help them protect their legal rights and obtain the compensation they are entitled to, if indeed the driver caused this crash.

Continue reading "Pedestrian Struck By Car in San Diego " »

A 21-year-old man died early Sunday morning when he was struck by a vehicle on eastbound State Route 94 in Jamul, just east of Proctor Valley Road and Jefferson Road. The San Diego County Medical Examiner's Office identified the victim as Jonathan Michael Ulmer of Alpine. According to reports in the San Diego Union Tribune, Ulmer's body was found by an uninvolved passing motorist lying in the westbound lanes of Campo Road (Highway 94) at about 3 a.m.

There were no witnesses to the crash. Anyone with information is asked to please contact the California Highway Patrol at (858) 637-3800. Our sympathy goes out to the family of Jonathan Michael Ulmer, and we sincerely hope that the driver of the vehicle involved in this pedestrian accident will be located or come forward for the sake of the young man's family.

Help For Families of Hit And Run Accident Victims

Under the California Vehicle Code, "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." When a hit and run accident results in a death, the driver is usually charged with a felony.

If the driver is eventually located, the family of the victim may also file a civil claim for their loved one's wrongful death. While this accident remains under investigation, the family of the young man killed in this accident may benefit from speaking to a San Diego pedestrian accident lawyer experienced in hit-and-run accidents and wrongful death liability issues. Even if the driver is never located, an attorney may be able to help the family recover compensation for their loss from the victim's own insurance policy, if he had one.

Continue reading "Alpine Man Killed in Hit-and-Run Accident on SR-94 in Jamul " »

A 54-year-old woman died Sunday night after she was struck by a Honda Odyssey minivan while crossing the street in Mira Mesa. The Mira Mesa pedestrian accident occurred at about 7:45 p.m. April 11th on Camino Ruiz, near Zapata Avenue. The victim was identified as Ruthann Lafever, of San Diego.

Our deepest sympathy goes out to the family of Ruthann Lafever and everyone that knew and loved her. Please keep her family in your prayers during this surely difficult time.

Pedestrians are prone to catastrophic injury or death any time they are struck by a vehicle. The faster the vehicle is driving the more serious the injuries and the higher likelihood of a fatality. Police are investigating the cause of the crash and whether or not the driver was speeding, distracted, or under the influence of alcohol. It is also possible that the pedestrian was at fault. Based upon the news reports in the San Diego Union Tribune, it is not clear exactly how the accident happened.

Who Was At Fault?

If the driver of the minivan is determine to be at fault for this Mira Mesa pedestrian accident, he may be held liable for the wrongful death of the victim in a civil claim. The family of the victim would be advised to speak to an experienced San Diego personal injury attorney as soon as possible. An attorney familiar with the unique fault and liability issues in pedestrian accidents can make sure the legal rights of the family are protected and advise the family of their best course of action in handling communications with the insurance company.

Continue reading "Mira Mesa Woman Struck and Killed While Crossing Camino Ruiz " »