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 " »

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 " »

A school bus carrying El Camino High School students overturned Wednesday morning in Oceanside, NBC News reported. The accident occurred on El Camino Real at North Douglas Drive at about 11:20 a.m. The school bus, which was was carrying 23 students that were part of a tutoring program for local elementary schools, turned on its side after it collided with a small white sedan.

One of the students was airlifted to Scripps Memorial Hospital in La Jolla. The bus driver and five other students were taken to local hospitals by ground ambulance. The cause of the crash remains under investigation; it was not immediately clear who was at fault.

School Bus Accident Personal Injury Liability

It is estimated that about 17,000 students are injured in school bus accidents each year. In situations where school buses overturn, children are especially vulnerable to injury, without the protection of a seatbelt. While this accident remains under investigation, the parents of the teens hurt in this accident would be well-advised to consult with an experienced San Diego personal injury attorney as soon as possible. An attorney who has successfully handled school bus accident injury cases can help the families protect their legal rights and obtain maximum, full and fair compensation for the teens' injuries as a result of this accident.

Continue reading "At Least Six Students Injured in Oceanside School Bus Accident " »

A 17-year-old girl tragically died and four other teens were injured Friday evening in a head-on collision with a moving truck in Sabre Springs, San Diego 6 News reported. According to police, the May 28th accident occurred at 5:22 p.m, near the intersection of Sabre Springs Parkway and Creekbridge Place. Police say the moving truck was headed south on Sabre Springs Parkway and the Acura Legend with five teens was travelling north. For unknown reasons, the small compact sedan crossed the median and collided with the moving truck, in the 12500 block of Sabre Springs Parkway, south of Poway Road.

A witness who stopped at the crash scene tried to help resuscitate one of the victims, but she died at the scene. The San Diego Medical Examiner identified the victim as BreAnna Erickson, of San Diego. Firefighters used extrication equipment to get out some of the other teens. One other teenager is in critical condition, and the driver and two other teens suffered serious injuries. The two men in the moving truck were not seriously hurt. All of the teens were reportedly wearing their seatbelts.

Our deepest condolences go out to BreAnna's family and everyone who knew and loved her. Please keep her family in your prayers. We hope the other victims make a full and fast recovery from their serious injuries.

Continue reading "17-Year-Old Girl Killed, Four Others Injured in Head-on Crash in Sabre Springs " »

CBS 8 News reported this morning that five people, including two young children, were taken to local hospitals after an intersection accident Tuesday evening in Chula Vista. The May 25th injury accident occurred at about 7:30 p.m. on East H Street at the intersection of the Interstate 805 onramp. According to reports, an SUV stopped at a red light was rear-ended by a work truck. Police said the driver of the truck was speeding.

The impact of the collision sent the small SUV nearly 100 feet forward. The rear of the vehicle was pushed into the back seat where the two young children were seated. The parents of the children were also injured. The driver of the work truck was flown to UCSD Hospital along with one of the other victims. The other injured victims were taken to hospitals by ambulance. Chula Vista police are investigating whether alcohol was a factor in the rear-end collision.

The San Diego Union Tribune reported that the three vehicles were involved in the collision. It is unclear how the third vehicle was involved and if anyone else was hurt.

Continue reading "Five Hospitalized After Chula Vista Intersection Crash " »

Four hospitals in San Diego County have been fined $275,000 for lapses that either killed patients or put them at risk of serious injury or death, the California Department of Public Health (CDPH) said in a press release yesterday. The four San Diego County hospitals included Pomerado Hospital in Poway, Scripps Green Hospital in La Jolla, Tri-City Medical Center in Oceanside, and Rady Children's Hospital in Serra Mesa. Just last month, Scripps Mercy Hospital in Hillcrest was fined $25,000 for leaving a surgical sponge in a hysterectomy patient.

Pomerado Hospital Incident

Pomerado Hospital in Poway was fined $50,000 for the July 2009 death of a patient. According to the San Diego Union Tribune, documents alleged that the nursing staff at Pomerado failed to follow standard procedures, which resulted in a demented and disabled patient falling at the hospital. The patient suffered bleeding on both sides of the brain following the June 20th fall. The patient was moved to the ICU and then to a skilled nursing facility, where he died July 3. Palomar Pomerado officials said they plan to appeal the CDPH penalty.

Scripps Green Hospital Incidents

Scripps Green Hospital in La Jolla was fined $125,000 for two incidents. In one incident, for which the hospital was fined $50,000, a doctor unfamiliar with a new type of lumbar catheter left a portion of the device in the spinal column during surgery. The doctor admitted to his lack of expertise and said he spent only 10 minutes reading the brochure prior to the surgery. In that instance, doctors decided it was best to leave the object in the patient's body. In the second incident, for which Scripps Green Hospital was fined $75,000, a surgeon performing a hip replacement reported discovering dried blood on an instrument being used on a patient. As a result, eleven patients at the hospital were exposed to blood-born pathogens.

Tri-City Medical Center Incident

On September 8, 2009, a doctor, respiratory therapist and other operating-room staffed allowed a ventilation mask to interact with a electrocautery device. This interaction sparked a flash fire that resulted in first and second degree burns to a patient. Tri-City Medical Center said they regret the occurrence and have "completed an extensive analysis and put preventative measures in place to eliminate any future occurrences of this nature." Tri-City was fined $50,000 for the incident.

Rady Children's Hospital Incident

Rady Children's Hospital was fined $50,000 for a pharmacist mistakenly giving a 3-year-old a phenol solution that was nearly 18 times stronger than what the doctor prescribed. As a result, the child suffered swelling and a buildup of fluids.

CDPH Administrative Penalties

The administrative penalties are issued under authority granted by Health and Safety Code section 1280.1. In 2007, Governor Arnold Schwarzenegger signed legislation that took effect January 1, 2009 that increased fines for incidents that occurred in 2009 or later. Under the new provisions, an administrative penalty carries a fine of $50,000 for the first violation, $75,000 for the second, and $100,000 for the third or subsequent violation at the same hospital.

In addition to the fines, all four hospitals must file statements of deficiencies and plans of correction indicating how they have or will take steps to prevent similar errors from happening again. Other hospitals that received penalties included Alameda County Medical Center in Oakland, Hi-Desert Medical Center in Joshua Tree, Marin General Hospital in Greenbrae, Mission Hospital Regional Medical Center in Mission Viejo, and Parkview Community Hospital in Riverside. Read the California Department of Public Health May 20th press release here.

Continue reading "Four San Diego Hospitals Fined For Preventable Mistakes " »

Eleven students were injured Tuesday morning when their school bus was struck by a car in the parking log of Golden Acorn Casino in Campo, Cal Fire reported.

The accident occurred at about 8:15 a.m. Further details about the crash were not availblable, and it was not clear why the accident occurred or who was responsible. The bus was from Yuma, Arizona, San Diego 6 News reported.

Golden Acorn Casino, located on the Campo Indian Reservation, is just west of the Imperial Valley Sand Dunes, off Interstate 8 at the Crestwood Summit exit in San Diego County. The casino includes a truck stop, which is a popular stop for big-rigs, buses, and other vehicles travelling to San Diego from Arizona and Imperial County.

School Bus Accidents & Liability Issues

While this May 18th San Diego County school bus accident remains under investigation, the families of the children hurt in this accident would be well-advised to contact an experienced San Diego personal injury attorney familiar with the unique issues of school bus accidents. The injured children may be entitled to compensation for their injuries, associated medical expenses and pain and suffering; a skilled lawyer who has successfully handled dozens of school bus accident injury claims can advise the parents of the victims how to protect their legal rights and obtain the full and fair compensation their children deserve.

Continue reading "Arizona Students Injured in School Bus Crash in Golden Acorn Casino Parking Lot " »

Three adults and one child were seriously injured Saturday morning in a horrific head-on crash on Highway 76, the California Highway Patrol reported. The accident occurred on State Route 76 about four miles west of Old Highway 395, near Stage Coach Road, at about 8:45 a.m.

According to reports by City News Service, a 33-year-old man driving a 2009 Toyota Camry westbound on Hwy 76 drifted into eastbound lanes and collided head-on with a 2002 Chevy Trailblazer sport utility vehicle. The California Highway Patrol reported both vehicles were going between 40 to 50 mph when the head-on collision occurred. Airbags in both vehicles deployed, and all parties were wearing their seat belts.

The driver of the Camry and his 11-year-old son, both from Temecula, suffered major injuries. The driver of Chevy Trailblazer, a 57-year-old man and a passenger, a 56-year-old woman, both from Vista, suffered serious injuries. The driver of the Camry was flown to Sharp Hospital helicopter, and the two occupants in the Trailblazer were taken to Palomar Medical Center in Escondido by ambulance. The 11-year-old boy, who suffered possibly life-threatening injuries, was flown to Rady Children's Hospital.

Cause of the Crash

The CHP is currently investigating the cause of the crash. However, if news reports are accurate, the driver of the Camry caused this crash by crossing over double yellow lanes and into eastbound traffic, directly into the path of the Trailblazer. Why he lost control of his vehicle is not clear.

Personal Injury Liability

While this May 15th head-on collision remains under investigation, the family of the victims in the Trailblazer would be well-advised to speak to an experienced San Diego personal injury attorney about this accident. An attorney experienced with the issues of head-on highway crashes will be able to help the victims seriously injured in this crash understand and protect their legal rights, and recover the monetary damages they are entitled to for this accident. Compensation awarded in a personal injury claim can include monetary damages for all medical expenses, lost earnings as a result of the accident, emotional pain and suffering and other accident-related expenses.

Continue reading "Four People Seriously Injured in Head-On Crash on Highway 76 " »

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 38-year-old Pine Valley woman and a 7-year-old boy both died in a tragic crash on Interstate 8 in Alpine on Friday, authorities reported. The April 16th accident occurred on westbound Interstate 8, west of Tavern Road, at about 5 p.m. Although there were apparently no witnesses to the crash, evidence showed that the vehicle, a 2004 Land Rover sport utility vehicle, swerved left and overturned numerous times in the dirt and brush. Investigators were not sure how fast the SUV was travelling when the accident occurred.

The San Diego Medical Examiner identified the driver as Jennifer Foster. The name of the young boy killed in the crash was not released. Both victims died at the scene of the crash. The California Highway Patrol is investigating the cause of the accident. Anyone with information about the accident is asked to contact the CHP at (619) 401-2000.

Land Rover Rollover Accidents

Sport utility vehicles have a number of safety issues that can cause a rollover or result in catastrophic injury or death in the event of a rollover accident. Land Rover sport utility vehicles specifically have a higher center of gravity that may make them susceptible to a rollover. Land Rover has paid out millions to victims and their families injured or killed in rollover crashes. In May 2009, a Los Angeles County Superior Court Judge ordered Jaguar Land Rover to pay $21.1 million to a California man who was paralyzed after a Land Rover rollover accident on the 118 Freeway in 2003 (see the March 28, 2009 LA Times article).

SUV Rollover Accidents and Liability Issues

Based on the news reports of this Interstate 8 accident, it is not clear why the accident happened. Did something in the roadway cause the driver to lose control of the SUV, or did something malfunction with the Land Rover? While the cause of the accident is still under investigation, the family of the victims may benefit from speaking with an experienced SUV rollover accident lawyer. If a defect in the roadway or a defect in the vehicle caused this accident and the two fatalities, the family may be entitled to damages in a wrongful death claim. An attorney can explain the unique legal issues of rollover accidents and explain the family's legal options and best course of action going forward in a possible product liability claim.

Continue reading "Two Killed in SUV Rollover on Interstate 8 Near Alpine " »

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 21-year-old woman and her 3-year-old son suffered major injuries when they were struck by a vehicle in an East County intersection. The incident was reported shortly after 6 p.m. at Fury Lane and Via Rancho San Diego. The impact caused a major depression on the windshield of the Toyota that struck the victims. The woman and her son, who she was carrying at the time of the accident, were airlifted to Mercy Hospital with major injuries, San Diego 6 News reported. The driver of the vehicle that struck the victims remained at the scene and told authorities that the sun caused a glare and she was reaching for her sunglasses when the accident occurred. Police are investigating the cause of the accident. It is not clear whether the young woman and her son were in a crosswalk or not.

We hope the young mother and her child make a full and fast recovery from their major injuries. Please keep them in your prayers.

Personal Injury Liability Issues

While this El Cajon pedestrian accident remains under investigation, the family of the victims should contact an experienced San Diego pedestrian injury lawyer as soon as possible. If the news reports are accurate, and the driver took her eyes off the road, she is likely responsible for the accident. Police will also investigate whether she was impaired or speeding when the accident occurred. Regardless of whether the driver is cited, the victims may be entitled to compensation for their injuries, pain and suffering, and any lost earnings. An attorney can also investigate whether a dangerous condition in the roadway may have caused or contributed to the accident.

Continue reading "Mother and Child Suffer Major Injuries after Rancho San Diego Pedestrian Accident " »

A man was killed, and his son was injured in a crash reported just minutes after midnight early Monday morning on Interstate 5, authorities reported. The April 5, 2010 accident occurred on southbound I-5, south of Basilone Road in the Camp Pendleton area. The victim, Oscar Manuel Lopez-Flores, 27, of San Diego, was a passenger and one of four occupants in a late model Ford Explorer SUV struck from behind by a Chevy Camaro that was speeding. The impact caused the SUV to roll multiple times. Lopez-Flores and his son were both ejected, and Lopez-Flores died at the scene. His son was flown to Rady Children's Hospital with unknown injuries.

It was not known whether the other two occupants of the SUV were injured. The San Diego Union Tribune reported that the accident involved three or four vehicles, and it was also not clear based on the reports of the accident whether anyone else was hurt. The driver of the Chevy Camaro took off on foot but was later apprehended. The cause of the accident remains under investigation. All lanes of Interstate 5 were closed until about 2:45 a.m. while authorities investigated.

If the facts of this accident are accurate, the driver of the Camaro is likely at fault for the accident and the death of Lopez-Flores and his son's injuries. The family of the victims, as well as anyone else that was injured, would be well-advised to contact an experienced San Diego personal injury attorney as soon as possible who can help them understand and protect their rights to justice in a wrongful death and personal injury claim. An experienced attorney can provide the family with answers to their questions, information about their legal rights, options and obligations, and advise them of their best course of action to seek compensation and hold the responsible parties accountable for their actions.

Continue reading "San Diego Man Killed, Son Injured in Crash on Interstate 5 " »

A seven-year-old girl was tragically struck and killed Friday afternoon in San Diego when she was struck by a pickup truck as she ran across the street toward an ice cream truck, police reported. The accident occurred on Iona Drive near Market Street in the Emerald Hills neighborhood shortly after 3 p.m. The girl had just been dropped off by her mother at a family friend's home on Iona Drive. She stepped off the sidewalk on the east side of the street and was hit by a pickup truck going north on Iona Drive.

The driver of the car that struck her had three children inside his vehicle with him. Police do not believe he was under the influence of alcohol or speeding, although the incident remains under investigation.

When paramedics arrived, the young girl was unconscious, not breathing and in apparent respiratory cardiac arrest. She was rushed to Rady Children's Hospital, where she died at 3:41 p.m.

The victim was identified by the San Diego County Medical Examiner as Ayania Murrell of Spring Valley. She had just turned seven years old this week. Our deepest sympathy goes out to her family. Please keep them in your prayers during this difficult time.

Police could not find any adult witnesses, and are looking for the driver of the ice-cream truck. The vehicle was described as a panel vehicle with a Scooby Doo character on the driver's side.

Liability in "Dart-Out" Cases

Under ordinary circumstances, drivers are not expected to anticipate a young child darting out in front of their vehicle, particularly if the driver has no knowledge of children nearby. However, in this case, the driver may have been aware of the presence of children, as he had to drive around the ice cream truck and there were reportedly a number of children in the area. An ice cream truck, bus stop, school or park all may give a driver caution to look for the presence of children.

For attorneys, dart-out cases can be challenging and emotionally difficult. However, an attorney who has successfully handled child dart-out cases may help the family understand and protect their legal rights. The driver may be found at least partially at fault if he failed to yield, disregarded traffic signs, was speeding, or otherwise driving negligently. The family of the child killed in this horrific, devastating accident would be well-advised to speak to a San Diego wrongful death lawyer about their legal rights and who was at fault and ultimately responsible for this heartbreaking accident.