San Diego Personal Injury Attorney Blog

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 " »

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 53-year-old Vista woman tragically died Monday morning when her car was rear-ended on Interstate 15, the San Diego Union Tribune reported. The crash occurred on the southbound side of the freeway, near Ninth Avenue, at about 6:20 a.m. According to the California Highway Patrol, four cars were involved in the collision: a 1999 Dodge Ram truck, a 2001 Mercedes, a Toyota Avalon, and a Toyota Sienna.

According to news reports, the crash started when the driver of the Dodge Ram rear-ended the Mercedes at about 60 mph. Apparently, he was unable to stop after he changed lanes and encountered stopped traffic. The driver of the Mercedes, Caroline McElhaney, 53, of Vista, was taken to Palomar Medical Center where she died shortly after arrival. The drivers of the two Toyotas, as well as a passenger in the Sienna, suffered non-life-threatening injuries. The driver of the pickup truck, 28-year-old Jackson Redmond of Colton, was not hurt.

Our condolences go out to the family and loved ones of Caroline McElhaney, who sadly was the victim of this horrific accident. Please keep her family in your prayers during this surely very difficult time. We hope the three injured victims make a full recovery.

Cause of the I-15 Crash

If news reports are accurate, it appears that this crash was caused by the driver of the Dodge Ram, who first rear-ended the Mercedes-Benz at high speeds. It is not clear if he was distracted, impaired, simply driving recklessly, or if something else happened to cause this collision. Even if the driver was driving within highway speed limits, he still may be at fault for driving too fast for traffic conditions. However, the CHP is still investigating the cause of the fatal August 9th crash.

Continue reading "Vista Woman Killed in Multi-Car Crash on Interstate 15 in Escondido " »

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

Cause of the Industrial Accident

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

Industrial Accident Liability and "Third Party Claims"

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

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

A 54-year-old Yuma woman died Saturday morning in a rollover accident on Interstate 8 near Jacumba, authorities reported. The woman, identified by the San Diego County Medical Examiner's Office as Martha Lidia Jimenez, was the sole occupant of a 2006 Nissan Sentra travelling westbound on Interstate 8.

At approximately 6:50 a.m., for reasons still under investigation, Jimenez's vehicle went off the side of the freeway between the eastbound and westbound lanes, and down onto Carrizo Gorge Road Underpass, where it was struck by a Ford F-150. The six occupants inside the Ford Truck were not hurt. Jimenez suffered massive head injuries and died at the scene of the crash.

Cause of the Interstate 8 Crash

The California Highway Patrol is still investigating the cause of the July 10th crash. Based on the limited information provided by news media, it is not clear exactly what happened. Did something malfunction in the Nissan or did Jimenez swerve to avoid an object in the road? It is possible that she fell asleep or was impaired. During their investigation into the cause of the collision, the CHP will look at all possible causes and contributing factors.

Potential Wrongful Death Liability

Whenever someone loses control of a vehicle for unknown reasons, resulting in a fatality, there are many questions surrounding the immediate events leading up to the accident. Family members understandably want answers and understanding as to what happened, and whether or not someone else was responsible. If a defect in the vehicle or the roadway caused or contributed to Jimenez's accident or death, the family may be entitled to justice for their loss in a civil claim for wrongful death. While this accident is under investigation, the family may benefit from speaking with an experienced San Diego wrongful death attorney about this accident and the potential wrongful death liability issues as a result of it.

Continue reading "Yuma Woman Killed in Interstate 8 Rollover Accident Near Jacumba " »

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 drunk driver who caused a fatal accident on December 13th on North Torrey Pines Road has been sentenced to six years in state prison, the San Diego Union Tribune reported. In March, Michael Patrick Landri, 31, of Carmel Valley, pleaded guilty to gross vehicular manslaughter while intoxicated.

Landri had been going home from a holiday Christmas Party when he rear-ended a stopped Volkswagen Passat at high speeds on December 13th. The impact ruptured the gas tank on the Passat and both vehicles burst into flames immediately following the collision. A passerby pulled Landri out of his Infiniti, but the victim, 33-year-old Jared Franklin Purton, suffered burns on more than 80 percent of his body and died at the scene of the crash.

Experts believed that Landri had been traveling between 88 and 109 mph at the time of the collision. The posted speed limit was 45 mph. Landri's blood-alcohol was measured at double the legal limit following the fatal crash.

After emotional family member victim impact statements, Judge Eugenia Eyherabide sentenced Landri to the midterm prison sentence available, taking into consideration his lack of a criminal record, his efforts to seek alcohol abuse treatment and his remorse.

Continue reading "Drunk Driver Sentenced to Six Years in Prison For Fatal Torrey Pines 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 32-year-old Cardiff-by-the-sea woman tragically died Thursday night in an SUV rollover accident on Interstate 5, the San Diego Union Tribune reported. The July 1st accident was reported at 11:28 p.m. on northbound Interstate 5 near Gilman Drive, according to a press release issued by the San Diego County Medical Examiner's office.

The victim, identified by the San Diego County Medical Examiner as Saba Shirazi, was the driver and sole occupant of a black 1997 Infiniti QX4 sport utility vehicle. For reasons still under investigation, Shirazi lost control of her vehicle and struck the center median of Interstate 5. Her SUV then crossed back into northbound traffic, where it was struck by a white 2005 Ford Focus. Shirazi died of her injuries at the scene. The 58-year-old female driver of the Ford suffered a broken leg and other serious injuries, but was expected to survive, the CHP said.

Cause of the Interstate 5 Rollover Crash

Without additional information, it is impossible to determine why this horrific I-5 accident occurred, and who was at fault. If the driver of the Infiniti lost control of her vehicle due to a mechanical design defect or a defective tire that caused a blowout, the manufacturer of the Infiniti could be liable and financially responsible for this accident, and possibly the injuries to the driver of the Ford Focus as well. On the other hand, it is possible that the driver of the Infiniti or the Ford Focus contributed to the collision. In the course of their investigation, the California Highway Patrol will certainly look at issues such as speed, potential alcohol intoxication, vehicle malfunction, dangerous road condition, and other possible causes.

Wrongful Death and Personal Injury Liability Considerations

Mutl-vehicle accidents on freeways have unique legal issues. While this accident is still under investigation by law enforcement, the family members of the victims of this crash would be well-advised to talk to an experienced San Diego personal injury attorney about the legal issues involved in this incident. A skilled lawyer can look at the facts of this accident and review the accident report to help the victims understand what exactly happened and who was responsible. An attorney familiar with these types of highway accident rollover cases can also advise the victims' families of their best course of action to protect and preserve their rights going forward, and how to obtain the maximum possible compensation in a wrongful death or personal injury claim.

Continue reading "One Killed, One Seriously Injured Thursday Night in I-5 Rollover Crash Near Gilman Drive " »

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 " »

In personal injury news, the parents of a 22-year-old woman who died in a crash last year in Florida have filed a wrongful death lawsuit against a Collier schoolteacher, alleging she was speeding and intoxicated when she struck the SUV their daughter was riding in November 13, 2009.

The victim, Bree Kelly, was a front seat passenger in a 2001 Ford Explorer SportTrac SUV that was struck from behind by an Infiniti G35 driven by Andrea Kidder, 28, on eastbound Interstate 75 in Florida. The Ford Explorer rolled multiple times and Kelly was ejected. She died less than 12 hours after the crash. The driver of the SUV, Nicholas P. Mason, suffered minor injuries. Kidder was not hurt.

The Florida Highway Patrol is still investigating the accident and no charges or tickets have been filed, pending the results of blood-alcohol-content analysis, which should be completed within 8-10 weeks. According to the Naples News, the wrongful death lawsuit alleges that Kidder, while driving intoxicated, negligently drove her car into the rear of the SUV, causing it to veer off the highway and eject Kelly. The suit seeks damages for Kelly's family for past and future medical expenses, lost future income that Kelly would have earned, funeral expenses, and other damages.

Continue reading "Wrongful Death Suit Filed Against Florida Teacher After Fatal Crash " »

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 Chula Vista woman died and a San Diego woman suffered very serious injuries Tuesday morning in a horrific head-on collision on California State Route 125, KGTV 10 News reported. The accident occurred on state Route 125, north of Jamacha Road at about 8:40 a.m.

Authorities say that Neydi Arely Ramirez, 25, of Chula Vista, was driving north on the highway when for reasons not known, she lost control of her gold Ford Explorer and crossed the center divide. Her SUV overturned and collided with a silver Chrysler PT Cruiser driven by Theresa Flournoy, 48, of San Diego. The impact of the collision sent the SUV into the path of a marked Border Patrol Jeep Wrangler driven by an on-duty agent.

Ramirez, who authorities say was wearing her seat belt, died at the scene of the crash. Flournoy suffered critical injuries and was airlifted to Mercy Hospital. The Border Patrol agent did not suffer serious injuries. The cause of the accident remains under investigation. A CHP officer said there was no evidence that alcohol or drugs played a role in the June 1st accident.

Continue reading "Chula Vista Woman Killed, Two Others Injured in Head-On Crash on State Route 125 " »