San Diego Personal Injury Attorney Blog

Two men suffered serious injuries in a violent head-on collision Friday morning in Mission Valley, the San Diego Union Tribune reported. The crash was reported on Friars Road, east of Fenton Parkway, near the Costco and Ikea shopping center. According to news reports, a 70-year-old man driving a Ford F-150 pickup truck veered across the raised center median into eastbound lanes. His truck collided head-on with a Dodge Stratus driven by a 25-year-old man.

Police reported that there was no evidence that either driver braked before the collision, and both vehicles were likely travelling close to the speed limit of 50 mph. The impact forced the engine compartment of the Dodge into the passenger compartment. The driver of the Dodge reportedly broke both of his legs and suffered other serious injuries. The driver of the Ford suffered a broken leg, broken foot, broken ribs, broken hand, and cuts and bruises. Both men are expected to survive, police reported.

Cause of the Friars Road Head-on Collision

Police are investigating the cause of the crash. It was not clear why the driver of the Ford crossed over the raised center median and into eastbound lanes. It appears that there was likely nothing the driver of the Dodge could have done to prevent the collision. Police will surely investigate whether the older driver of the truck suffered a medical condition, or if he lost control of his truck because he was distracted or impaired. It is also possible that he lost control of his truck because of a defect in the vehicle, such as a tire blowout or steering failure.

Personal Injury Liability

In situations such as this one, where a driver is seriously hurt due to an accident that was not at fault, the victim may be entitled to monetary compensation for medical expenses, lost earnings, loss of future earning capacity, pain and suffering and other accident related expenses. While this crash remains under investigation, the family of the injured victim would be well-advised to contact an experienced San Diego personal injury attorney as soon as possible who can help the victim protect his legal rights to compensation for his injuries. A knowledgeable lawyer can advise the family how to handle communications with insurance companies and help the family preserve and protect evidence important to future personal injury claim.

Continue reading "Two People Injured in Head-on Collision on Friars Road " »

A 65-year-old Rancho Bernardo man very tragically died Friday night when he was rear-ended by a drunk driver at a stop light, San Diego Police reported. The accident occurred shortly after 9 p.m. Friday, at Camino Del Norte and Carmel Mountain Road. According to news reports, Marc William Durham, 65, who had retired just a week ago, was headed to the movies when he stopped at a red light at the Carmel Mountain intersection. His 2002 Toyota Corolla was rear-ended by a BMW driving eastbound on Camino Del Norte and pushed into several other vehicles.

Durham was wearing a seatbelt, but the high-speed impact of the crash caused the trunk and backseat of the Corolla to be pushed almost to the front seat. He died at the scene of the crash. The 57-year-old man driving the BMW suffered minor injuries and was taken to Palomar Medical Center. He was arrested on suspicion of driving under the influence of alcohol.

Cause of the Carmel Mountain Crash

The cause of the fatal Carmel Mountain intersection accident remains under investigation by the San Diego Police Department. However, if news reports are accurate, the man driving the BMW, who was reportedly under the influence of alcohol, likely caused this fatal accident.

Drunken Driving Accidents and Wrongful Death Liability

Driving under the influence of alcohol or any drug is against the law, 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." If it is determined that the driver of the BMW was drunk, he will face criminal charges for his actions. Additionally, he may be held financially responsible for the death of Marc Durham in a civil claim for wrongful death. Damages awarded in a wrongful death claim may include compensation for funeral and burial expenses, future lifetime earnings and benefits, and loss of love, care, solace and companionship.

Continue reading "Rancho Bernardo Man Killed by Suspected Drunk Driver in Carmel Mountain " »

Four of the eight people who died Saturday night when a truck plowed into a crowed at the California 200 off-road race were from San Diego County, authorities have reported. Spectators Brian Wolfin, 27, of Escondido, Anthony Sanchez, 23, of Escondido, Aaron Farkas, 25, of Escondido, and Michael James Dickinson, 34 of Spring Valley, were all killed Saturday night when a modified Ford Ranger driven by another San Diego County man, Brett M. Sloppy, 28, of San Marcos, went into a crowd shortly after the start of the California 200.

On Monday, the federal government launched a probe of the August 14, 2010 accident, which occurred on federal land. Video of the event showed spectators were standing as close as 5 feet from the race course and were not separated by fences or barriers.

Mojave Desert Race Accident Raises Liability Questions

As more details are coming to light about the off-road race crash that killed eight people in San Bernardino Saturday night, questions of who is to blame are also arising. Did spectators put themselves in danger by getting too close to the action? Or did the promoters of the event not follow proper procedures to protect the huge crowd they invited? Was the federal government negligent in allowing such an event to occur without requiring law enforcement present? Who was responsible for the safety of this event, and what needs to be done going forward so that nothing like this ever happens again?

Protecting the Rights of Injured Victims

This tragedy that shockingly killed eight people and seriously injured a dozen more raises a number of complex liability issues. Who is liable for the deaths and injuries of the victims? While this accident remains under investigation, relatives of the victims who were killed would likely benefit from contacting an experienced and knowledgeable wrongful death lawyer. Contacting a skilled attorney soon after an accident such as this one is absolutely critical to preserving your rights to compensation for serious personal injuries or the wrongful death of a loved one. A lawyer who has successfully represented injured bystanders at sporting events can guide the victims and their families in handling communications with insurance companies and other officials, so that their rights are protected.

Continue reading "Four Men From San Diego County Killed at California 200 Race " »

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 " »

A man and two women were killed early Friday morning in a crash involving two vehicles on state Route 78 in Vista, the Union Tribune reported. The August 13th crash occurred on westbound Highway 78 at about 12:30 a.m., just west of Sycamore Avenue. According to news reports, a Nissan Altima occupied by two women and two men pulled over on the side of Highway 78, because one of the women was feeling ill. The two women, Susan Orozco, 23, of Escondido, and Erica M. Oliva, 23, of Fallbrook, got out of the vehicle on the north (right) shoulder. One of the men in the Altima, Oscar Guzman, 25, of Guzman, got out of the Nissan. The other man, Geraldo Cortez, 21, of Oceanside, remained in the front passenger seat.

The Altima was then struck from behind by a 1994 Jeep Grand Cherokee going west on the freeway. Both Susan Orozco and Erica Oliva, who were both employees of Valley View Casino, died at the scene of the crash. Guzman was able to step away and avoid being struck. Cortez was reportedly thrown from the car upon impact, but was not seriously injured. The Jeep overturned and came to rest in the number one lane. A passenger in the Jeep Cherokee, a 34-year-old Orange County man, was killed. The driver of the Jeep, Debi Sumi, 33, of San Marcos, was arrested on suspicion of driving under the influence and felony vehicular manslaughter.

Cause of the Highway 78 Crash

If news reports are accurate, this crash was likely caused by Debbie Sumi, who was driving under the influence and veered into the Altima parked on the shoulder of Highway 78. Under California Vehicle Code Section 23152, driving while under the influence of alcohol is against the law. However, the cause of the accident is still under investigation by the California Highway Patrol.

DUI Accidents and Wrongful Death Liability

If it is determined that the driver of the Jeep caused this accident, she will likely face vehicular manslaughter charges under California Penal Code section 191.5 (a). Additionally, she may be liable for the wrongful deaths of her passenger and Susan Orozco and Erica Oliva. Damages available in a wrongful death claim may include money for funeral and burial expenses, anticipated future lifetime earnings and benefits, and loss of love, care, and companionship associated with a loved one's preventable death. In some cases involving drunk drivers, punitive damages may also be awarded. While this August 13th crash remains under investigation, the family members of the three victims killed in this crash would be well-advised to consult with an experienced and knowledgeable San Diego personal injury attorney. A lawyer familiar with the unique legal issues of crashes involving drunk drivers can help the victims' family protect their rights and advise them of their best course of action handling communication with the insurance companies.

Continue reading "Three People Killed, One Injured in Alcohol-Related Crash on Highway 78 " »

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 " »

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, this week a San Diego County jury awarded almost $11 million in damages to an 87-year-old woman and her 62-year-old daughter for very serious injuries they sustained in a November 2008 crash in Clairemont caused by a Pizza Hut delivery driver who suffered a seizure.

Olena Novak, 87 suffered a broken neck and other serious injuries in the accident, and Her daughter, Shari Novak, 62, suffered permanent brain damages and is no longer able to care for herself or communicate. The 18-year-old pizza delivery driver suffered only minor injuries.

After the accident, the Pizza Hut delivery driver learned she suffered from a complex seizure disorder. Although the families originally sued the driver, she was eventually dropped from the lawsuit, and the families sued Pizza Hut, claiming they were responsible for the crash. Jurors awarded $2.2 million to Olena Novac for past medical expenses, past and future lost earnings and past and future non-economic loss, and $8.6 Million to Shari Novak, for past and future medical costs and past and future non-economic loss, such as physical pain and suffering.

Continue reading "San Diego Jury Awards $10.8 Million to Mother and Daughter For Crash Involving Pizza Hut Delivery Driver" »

San Diego 6 News reported two motorists were injured Wednesday night in a head-on collision in the Clairemont Mesa West area. The accident, which was reported at 7:56 p.m. in the 3400 block of Boyd Avenue, involved an Acura Integra and a Toyota Corolla.

According to news reports, the 18-year-old driver of the Acura Integra going southbound attempted to pass another vehicle, and struck a northbound Toyota Corolla head-on. Both the driver of the Integra and the 67-year-old driver of the Corolla reportedly suffered broken femurs. Both drivers also had a passenger with them, and the passengers suffered minor injuries. Police do not believe alcohol was a factor in the collision.

Personal Injury Liability Issues

If news reports are accurate, it appears that the driver of the Acura caused this crash by making an unsafe passing attempt. If this is true and he is determined to have caused the July 28th head-on collision, he may be liable for the injuries of the two occupants of the Toyota Corolla, as well as the injuries of his own passenger. While this crash is under investigation, the victims would be well-advised to contact an experienced San Diego personal injury lawyer about this accident, and their rights to compensation in a personal injury claim. Damages awarded for injuries may include money for medical expenses and related care costs, lost earnings or wages, and pain and suffering.

Continue reading "Head-on Crash on Boyd Avenue Injures Two People " »

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 2-year-old girl sadly died Thursday after a 32-inch television fell on top of her in Oceanside, the North County Times reported. The young girl was at the home of a relative when a television that was on a narrow table or bar stool topped onto her at about 2 p.m. The child was rushed to Tri-City Medical Center, where she died at 2:44 p.m. The girl's mother was reportedly at the home at the time of the accident.

Police are investigating the incident but believe it to be a tragic accident. This accident is a heartbreaking loss for this family, whose lives are forever changed as a result. Please keep this young girl's family in your prayers.

Falling TV Injuries

The U.S. Consumer Product Safety Commission estimates that as many as 10,000 children are treated in emergency rooms each year due to furniture and television "tip-over" accidents. In December 2007, Rady Children's Hospital issued a warning to parents about the dangers of children being injured by falling televisions and furniture, after 15 San Diego County children in as many months visited the hospital's emergency unit after being injured by falling TVs (see 10 News story "Hospital Warns Parents Of Falling TV Dangers After Child's Death"). Two children died in September 2008 by falling television sets, prompting Rady Children's Hospital again to warn parents of the potential dangers of falling televisions (see San Diego 6 story "Tipping TV Sets and Furniture Put Infants at Risk")

Preventing Television "Tip-Over" Accidents

Parents can prevent accidents by using a brace to secure furniture to the wall, or an appliance strip to secure a television to a wall. TV stands should be cleared of any items that children might try to climb to reach, such as DVDS, books, or toys. Children should never be allowed unsupervised in areas of the home where potential hazards are located. When children are injured due to negligent supervision of babysitters, day care providers or paid caregivers, negligent caregivers may be liable for a child's injuries or death.

Continue reading "Toddler Killed by Falling Television in Oceanside " »

Three people were taken to El Centro Regional Medical Center following a two-vehicle accident Saturday afternoon in El Centro, KXO Radio reported. The Imperial County crash occurred at the intersection of S Imperial Avenue and Vine Street, shortly after 4:30 p.m on July 3rd.

According to news reports, an elderly driver in a Ford Fusion waiting to turn onto Imperial Avenue from Vine Street allegedly pulled into the path of a Honda Accord travelling southbound on Imperial Avenue. The collision sent the Honda Accord, occupied by two Los Angeles women, about 222 feet south of the intersection, where it came to rest against a tree in the yard of a nearby home.

The driver of the southbound vehicle had to be extricated by El Centro firefighters. The passenger in her vehicle suffered a broken arm and other injuries. The elderly driver of the Ford Fusion, an El Centro woman in her early 80's, was also hurt. The intersection was closed for more than an hour while authorities investigated the cause of the crash. The Imperial Valley Press reported that no skid marks were found at the crash scene.

Cause of the Crash

If news reports are accurate, police believe the driver of the Ford Fusion caused this accident. However, El Centro Police are still investigating exactly what happened.

Car Accident Personal Injury Liability Considerations

If it is determined that the driver of the Ford Fusion caused this July 3rd El Centro car accident, she may be liable for the injuries of the two Los Angeles women in the Honda Accord. In cases such as this one, the victims of this crash or their families would likely benefit from contacting an experienced California personal injury attorney as soon as possible. A lawyer can help them protect their legal rights and seek compensation for their medical expenses, any lost earnings, emotional pain and suffering, and other accident related expenses. In the event that the at-fault driver is uninsured or underinsured, an attorney may also advise victims how to seek compensation from their own auto insurance policy, if they had one.

Continue reading "Three Injured in El Centro Intersection Crash " »

Three people were taken to area hospitals after a intersection accident just before 11 p.m. Friday in Rancho Penasquitos, San Diego police reported. The accident occurred at the intersection of Park Village Road and Ragweed Street. According to news reports, the suspected drunken driver, a man in his 20's, was driving a silver sedan that ran a red light and collided with a black car at the intersection. It was not clear what direction the vehicles were traveling.

The suspected drunken driver and a 24-year-old female passenger in his vehicle both suffered serious injuries. The 20-year-old man driving the black car was also injured; all three were taken to area hospitals.

Cause of the Rancho Penasquitos Accident

San Diego Police said the driver who ran the red light was driving under the influence of alcohol. If news reports are accurate, he is responsible for causing this DUI collision, and the injuries it resulted in.

DUI Accident Personal Injury Liability

In addition to criminal charges the suspected drunken driver is facing, he may also be civilly liable and financially responsible for the injuries of his passenger and the driver of the black car. While this accident remains under investigation, the victims of this accident would be well-advised to talk to a San Diego auto accident lawyer about their legal rights. Compensation available in a personal injury claim can include monetary damages for medical expenses, lost earnings related to an accident, emotional pain and suffering, and other accident-related expenses. An experienced lawyer can help the victims understand and protect their legal rights and obtain the maximum financial compensation they may be entitled to for their injuries.

Continue reading "Three Injured after Suspected DUI Driver Runs Light in Rancho Penasquitos " »