December 10th, 2010
UNION TRIBUNE Caroline Dipping reported that a woman, 34, her daughter 17, and the passenger in a vehicle whose driver was suspected of driving under the influence (DUI) were injured on November 7, 2010. The auto accident happened at around 1:00 a.m., on the 2200 block of Palm Avenue. The unnamed 29-year-old driver of a 2006 BMW was reported to having been driving under the influence and speeding when he sideswiped the victims’ vehicle causing it to hit a parked car. San Diego Police officer David Stafford said that the unnamed woman victim was taken to a local hospital with a broken femur along with her daughter who was also injured. The driver of the BMW, and his passenger were also taken to the hospital with injuries. The driver was arrested on suspicion of driving under the influence.
Applicable California Law
The driver of the BMW will face potential criminal charges for violation of California Vehicle Code 23152 driving under the influence (see my prior Blog post San Diego Woman Arrested For Fatal Coronado Traffic Accident for California’s DIU laws). In addition, he will face claims for the personal injuries sustained by his passenger , and the victims in the other vehicle. However, his passenger’s claim could be reduced if she knew he was driving under the influence and thus contributing to her own injuries. If the actions of the driver of the BMW are deemed to having been reckless enough to constitute gross negligence, he could also be subject to claims for punitive damages (see my prior Blog post Justice For Family Of Nursing Home Abuse Victim for California’s law on punitive damages).
Motorists who drive under the influence pose a great danger to other motorists and pedestrians. Auto accidents, truck accidents, and bus accidents involving intoxicated drivers often result in serious injuries or wrongful death. Having your case analyzed by an experienced personal injury attorney is key to getting you fair compensation.
Tags: Auto Accidents, Bus Accident, Pedestrian Accident, Personal Injury, Punative Damages, Truck Accident, Wrongful Death
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December 1st, 2010
Auto accident victims, those who have sustained personal injuries as a result of the negligence of another, and the public at large have many misconceptions about the accident claims process in general as well as the civil jury system. The following are some of the most common myths regarding injury claims:
• If you communicate with the insurance company and make a reasonable demand, you
will get a fair and reasonable settlement offer.
• After you have been involved in an accident and the insurance company contacts you to
request a recorded statement, you are obligated to give them a statement or they are not going to settle your claim.
• All Attorneys who advertise that they can help you with your accident cases have the
same experience, knowledge, and resources to handle your case.
• The insurance company for the party that injured you will pay your medical bills as you incur them.
• All Attorneys charge the same fees in all injury cases.
• The tort liability system is like the lottery that will help you get rich.
• When someone is involved in an accident, which wasn’t his or her fault, there must be some insurance company that will pay for his or her property damage, medical bills, lost wages, and injuries.
• California Juries are generous
• There is a standard formula to figure out what your case is worth.
Dispelling these myths by obtaining information from someone who has experience with the process is key to obtaining fair compensation. If you, or someone you know has been seriously injured in an auto accident, motorcycle accident, bicycle accident, or lost a loved one as a result of a wrongful death, having accurate information is crucial. Obtaining advice from an experienced personal injury attorney can be the difference in obtaining justice when resolving your claims.
Tags: Auto Accidents, Bicycle Accidents, Motorcycle Accidents, Personal Injury, Wrongful Death
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November 26th, 2010
San Diego News 6 reported that Mira Mesa resident Albert Holman, 34, was fatally injured while returning home from his birthday celebration on October 25, 2010. The fatal car accident occurred on the State Route 56, near Black Mountain Road exit. Holman had been celebrating his 34th birthday with friends at an Irish Pub in Carmel Mountain, and decided to walk home instead of driving because he had been drinking. Holman was discovered on the side of the road early the following morning. Police subsequently impounded a Nissan Sentra thought to have been involved in the wrongful death accident from a home in Rancho Penasquitos. The vehicle had damage consistent with having been involved in the incident, as well as a shoe believed to belong to the victim waged underneath it. The vehicle’s owner, Nicole Koval, 23, a nursing student at Cal State San Marcos, accompanied by her attorney, turned herself in to authorities. Friends of the victim said that Koval and Holman had met before at the Carmel Mountain TGI Fridays where she worked as a server. CHP officer Art Athans said that Koval’s vehicle was believed to be the first of two vehicles that hit the victim, and that she could face criminal charges, after they finish their investigation.
Our deepest sympathy goes out to the Holman family and friends.
Applicable California Law
Koval could faces potential criminal charges for felony hit and run for leaving the scene of an accident, which resulted in injury or death (see my prior Blog post San Diego Hit-And-Run Auto Accident Causes Severe Brain Injury on California Hit And Run law). In addition, she would be liable for the wrongful death of the victim (see my prior Blog post Escondido Auto Accident Fatally Injures Man In Wheelchair on California wrongful law). However, it is not clear whether the alleged second vehicle caused, or contributed to the victim’s death, which could affect Koval’s liability proportionately. In addition, the circumstances as to why the victim was walking along the freeway are unknown, if his own conduct contributed to his death, it could reduce the value of any potential claims. Another crucial issue is do the responsible parties have adequate insurance coverage or other assets to adequately cover any claims? Does the victim have sufficient uninsured/under insured coverage of his own if the responsible parties are uninsured or underinsured?
A birthday celebration ends in a tragic wrongful death. Pedestrians are at great risk of being the victims of auto accidents, truck accidents, or bus accidents resulting in serious injury or wrongful death. A thorough investigation of the facts and circumstances of an accident are one of the many benefits of talking to an experienced personal injury attorney.
Tags: Auto Accidents, Brain Injury, Bus Accident, Pedestrian Accident, Personal Injury, Truck Accident, Uninsured Motorist, Wrongful Death
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November 17th, 2010
San Diego News10 reported that an intoxicated bicyclist sustained serious injuries as a result of being struck by a hit-and-run driver on October 14, 2010. The auto accident happened at around 8 p.m. in the bike lane on Pomerado Road, near Caminito Vecinos. Police stated that the bicyclist was not wearing a helmet, had no reflective gear on, or lights on his bike. The cyclist was reported to have been drinking, and at the time he was hit, was wearing a backpack with beer containers inside it, which police think may have saved his life. Police Sergeant Art Doherty said “He had a number of beverages in the backpack. It probably absorbed the impact.” The bicycle accident victim would not cooperate with police who had no description of the driver or the hit-and run vehicle. However, debris from the car found at the scene could lead police to the identity of the vehicle. The bicyclist sustained multiple injuries including abrasions, bruises, a fractured vertebra, and was transported to the hospital.
Applicable California Law
Drivers who are involved in an accident have the responsibility to remain at the scene of the accident to provide information and assistance (see my prior Blog post San Diego Hit-And-Run Auto Accident Causes Severe Brain Injury on California’s Hit-and-run laws). Bicyclist who ride on the streets have the same rights and duties, under the law, as any other vehicle on the road (see my prior Blog post Ramona Bike Accident Causes Fatality on California’s Bike Laws), which prohibit drinking while riding on the streets (see my prior Blog post San Diego Woman Arrested For Fatal Coronado Traffic Accident on California’s Drunk Driving laws). If after through investigation has been conducted, the driver of the hit-and-run vehicle cannot be identified, the bicyclist could pursue an uninsured motorist claim if he has auto insurance with UM coverage, since the accident involved a motor vehicle. However, since the bicyclist had been drinking, not wearing a helmet, proper reflective gear, or having lights on his bicycle, the value of his claim could be diminished to the extent it can be proved that he contributed to his own injuries.
Bicyclists, in particular those who ride while intoxicated or without proper protective gear, are at high risk of sustaining serious injuries if they are involved in an auto accident. Bicycle accidents often result in brain injuries, spine injuries, or wrongful death.
Initiating a thorough investigation to determine who caused the accident and consulting with the proper medical specialists to determine the nature and extent of the injuries, are some of the many benefits of hiring an experienced personal injury attorney
Tags: Auto Accidents, Bicycle Accidents, Brain Injury, Personal Injury, Uninsured Motorist, Wrongful Death
Posted in Auto Accidents, Personal Injury, Spinal Cord Injuries, Uncategorized, Wrongful Death | No Comments »
November 11th, 2010
UNION TRIBUNE Pauline Repard reported that Elizabeth Belete,19, and Cassandra Robinson, 21, received fatal injuries and another person was critically injured in the City Heights area as a result of an auto accident at around 7 p.m. on October 9, 2010. The hit-and-run accident happened on state Route 15, at or near the southbound transition lanes to I-805, causing both vehicles to fly off the freeway. According to CHP officers, both of the woman who were killed were ejected from one vehicle, were pronounced dead at the scene by paramedics. The three occupants of the second vehicle were trapped for a period of time before being rescued . One of the occupants sustained serious injuries, the other two reportedly left the scene before police arrived. Investigating officers said “We are treating this like a crime scene.”
Applicable California Law
The driver of the second vehicle who left the scene could be charged with felony hit and run (see my prior Blog post San Diego Hit-And-Run Auto Accident Causes Severe Brain Injury for California Hit and Run Law). Since the accident is still under investigation, one or both drivers could be found to be at fault. Irrespective of who caused of the accident, they will be liable to the heirs for the wrongful death of the victims who lost their lives (see my prior Blog post Escondido Auto Accident Fatally Injures Man In Wheelchair for California Law on Wrongful Death). Furthermore, they would be liable for the personal injury and property damage sustained by the others involved in the accident. There could also be potential products liability claims by the heirs of the deceased against the manufacturer and distributor of the vehicle occupied by the ones ejected, if their vehicle was found to be defective and contributing to their deaths (see my prior Blog post Valley Center Man Killed in Oceanside Work Accident for California Law on Products Liability).
A Saturday night outing turns into tragedy. Determining who is at fault and responsible for the claims of the injured or the heirs of those who lost their lives can be complicated. Auto accidents, truck accidents, and bus accidents resulting in wrongful death, brain injuries, or serious spine injuries can change the lives of those injured and their families. Having the advice and guidance of an experienced personal injury attorney before speaking with any insurance company is critical to preserving the rights of those who have sustained a loss.
Tags: Auto Accidents, Brain Injury, Bus Accident, Products Liability, Spine Injuries, Truck Accident, Wrongful Death
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November 3rd, 2010
LOS ANGELES TIMES correspondent Michael Fumento’s article demonstrates why driving and texting is more dangerous than driving under the influence (DUI). Car and Driver Magazine’s 2009 study using two of its staffers, concluded that a drunk driver reacted to sudden breaking better than a driver reading an E-mail, and dramatically better than a driver who was texting while driving. A 2007 Harris interactive poll showed participants disregard the laws prohibiting texting while driving, despite being in favor of banning the activity. Other studies conducted at Virginia Tech, illustrated that texting is 17 times more hazardous than driving and talking on the phone.
Applicable California law
The laws dealing with the problem of texting while driving and their effectiveness was addressed at the Transportation Department’s Summit in September 2010. California’s laws and penalties regarding this issue have had little effect since there is almost no enforcement (California Vehicle Code 23123 and 23124 ). When compared to DUI violations that carry jail sentences, license suspension, and fines up to a $1000 for first time offenders, a first offence for texting while driving is a $20 fine, and $50 for subsequence violations. The results of two pilot programs conducted by the Connecticut and New York Department of Transportation, show that a combination of vigilance in enforcement by police officers and public service announcements had a significant impact on reducing texting while driving.
Heightened public awareness through education, especially targeted at young inexperienced drivers, in addition to implementation, and enforcement of greater penalties are key to reducing the problem. Auto accidents, bus accidents, motorcycle accidents, involving distracted drivers are a common cause of serious injuries and wrongful death. Consulting with an experienced personal injury attorney promptly after an accident is key to obtaining fair compensation for injury victims.
Tags: Auto Accidents, Bus Accident, Motorcycle Accidents, Personal Injury, Truck Accident, Wrongful Death
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October 30th, 2010
Injury Victims who have had a Traumatic Brain Injury experience numerous behavioral, cognitive (thinking) and physical challenges, which often lead to emotional and personality changes. All of these effects resulting from the brain trauma, regardless how minor, are devastating to the injured as well as those in their lives such as family and friends (see my prior Blog post San Diego Seminar For Care Givers Of Traumatic Brain Injury). The following are a number of the consequences following a Traumatic Brain Injury:
Personality, Behavioral and Emotional Changes
Depression/Anxiety
Paranoia/ Mood Swings
Insensitivity to Others/Verbal Outbursts
Irritability/Low Frustration Tolerance
Impulsiveness/Decreased Self-Control
Apathy/Passiveness
Cognitive Changes
Memory and Concentration
Learning and Language
Reasoning and Organization
Flexibility and Speed of Thinking
Physical Problems
Decreased Mobility
Headaches and Dizziness
Pain and Sensation Changes
Balance and Coordination
Fatigue and Sleeplessness
Motor Control and Metabolism
After a Traumatic Brain Injury, all of these changes, especially behavioral ones can adversely transform the victim’s personality. People who have sustained a Traumatic Brain Injury in an auto accident, motorcycle accident, bicycle accident, or any accident must look for the signs and effects of the trauma as outlined above. Talking to an experienced personal injury attorney can be invaluable in providing the guidance in identifying resources the victim and their family need.
Tags: Auto Accidents, Bicycle Accidents, Brain Injury, Motorcycle Accidents, Pedestrian Accident, Personal Injury
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October 25th, 2010
SAN DIEGO UNION TRIBUNE reported that Kelley Fritz, 12, of Hemet, was fatally injured at around 9:30 p.m. in a head-on auto accident on September 25, 2010. Kelley, who was returning from visiting family in San Diego, was riding in a 1956 Volkswagen Beetle on state Route 76 near East Vista Way, when her father Rudy Fritz,45, veered into oncoming traffic hitting a Buick. Both Kelley and Mr. Fritz who were not wearing any seatbelts, were ejected from their vehicle. Kelley was pronounced dead at the scene. Mr. Fritz was airlifted to Scripps Memorial Hospital La Jolla and both occupants of the Buick were taken to Palomar Medical Center for treatment. Mr. Fritz was later arrested on suspicion of driving under the influence of drugs according to Teri Figueroa a reporter from NORTH COUNTY TIMES.
Our condolences goes out to the Kelley’s family, and friends.
Applicable California Law
California Vehicle Code 21651 prohibits drivers from crossing into oncoming traffic unless they are making turns, or as otherwise provided by the code, and only when it is safe to do so. Mr. Fritz would be liable for any property that was damaged and personal injury to the driver and pessenger of the Buick as well as the wrongful death of his daughter (see my prior Blog post Escondido Auto Accident Fatally Injures Man In Wheelchair for California law on wrongful death). In addition, he could be liable for punitive damages for gross negligence (see my prior Blog post Justice For Family Of Nursing Home Abuse Victim for California law on punitive damages). Since the Bug was not equipped with seatbelts due to it’s age, Kelley did not contribute to causing her own death, which would not affect any claims arising out of her death. There are potential issue relating to whether or not Kelley’s wrongful death would be covered by her father’s insurance. It is not clear from the facts whether Kelley lived with her mother and also resided with her father. Most auto insurance policies have exclusions, which do not cover claims by family members living in the same household when making claims against each other.
A weekend visit with family causes the tragic death of a young girl and injury to others. Auto accidents, in which carless and or reckless driving is involved, often results in serious injuries or wrongful death
. Issues relating to insurance coverage, causation, and damages require thorough analyses by experts and advice from an experienced personal injury attorney.
Tags: Auto Accidents, Personal Injury, Punative Damages, Wrongful Death
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October 21st, 2010
SAN DIEGO NEWS 10 reported that a high speed chase with a Carlsbad police officer resulted in an auto accident causing injuries to four people on September 22, 2010. The incident started when a Carlsbad police officer was investigating a report of reckless driving by the driver of a Honda Accord whose occupants were throwing debris at passing vehicles. The 17-year-old driver of the Accord did not stop for the investigating officer and the pursuit began, according to Carlsbad Police Lt. Marc Reno. The driver then hit a street sign on the off-ramp at Carlsbad Village Drive while exiting Interstate 5 and then hit a Jeep, which had stopped for the traffic light at Monroe Street. The woman driver of the Jeep and a passengers in the Accord were transported to Palomar Medical Center. Two others who were involved in the accident, sustained serious injuries were flown to Scripps Memorial Hospital in La Jolla. Since drug paraphernalia was found in the Accord, investigators will determine if drugs were involved.
Applicable California Law
The driver of the Accord will face numerous felony criminal charges for evading a police officer, reckless driving, and possibly driving under the influence of drugs resulting in bodily injury. In addition, he as well as the registered owner of the Accord will be liable for any claims for damage to property, personal injury to the woman in the Jeep, and his passengers as well as possible punitive damages for gross negligence (see my prior Blog post Justice For Family Of Nursing Home Abuse Victim for the law on punitive damages). If the passengers in the Accord contributed to causing their own injuries in any way, their claims would be reduced proportionately. If the police officer followed the Carlsbad police policy and procedure for high speed pursuit, he and the city would most likely be immune from any liability. However, a timely claim with the city should be filed pending further investigation as to procedures and protocol followed by the officer.
Teenage drivers often lack the discretion, experience, and maturity when driving creating dangerous circumstances, which result in serious accidents. Their indifference to road safety causes auto accidents, motorcycle accidents, bicycle accidents, and danger to pedestrians and property. If you have sustained serious injuries, or lost a loved one due to a reckless driver, consult with an experienced personal injury attorney.
Tags: Auto Accidents, Bicycle Accidents, Motorcycle Accidents, Pedestrian Accident, Personal Injury, Punative Damages, Wrongful Death
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October 17th, 2010
EAST COUNTY MAGAZINE reports that a pit bull attacked a San Diego Sheriff in Campo on September 14, 2010. The dog attack happened at 30031 Quail Road at around 12:45 p.m. while the deputy was attempting to serve a juvenile warrant. The deputy was bit on the arm and knocked to the ground sustaining serious injuries. As a result, the deputy shot and wounded the dog in self defense.
Applicable California Law
Since the deputy was in the course and scope of his employment at the time of the attack, he could file for workers compensation benefits as a result of being injured on the job. Furthermore, the dog’s owner would be liable for the deputy’s injuries (see my prior Blog post San Diego Infant Mauled By Dogs for California Law on dog bits). In addition, if the owner of the property was not the dog’s owner and knew of the dog’s dangerous propensities, he or she could also be held responsible for the deputy’s damages.
Dog attack’s can happen at anytime without warning. The attacks often result in psychological trauma as well as physical injuries. Contacting an experienced personal injury attorney can help you in understanding your rights, and determine who should be held responsible.
Tags: Animal Attack, Personal Injury, Premises Liability, Workers Compensation
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UNION TRIBUNE Caroline Dipping reported that a woman, 34, her daughter 17, and the passenger in a vehicle whose driver was suspected of driving under the influence (DUI) were injured on November 7, 2010. The auto accident happened at around 1:00 a.m., on the 2200 block of Palm Avenue. The unnamed 29-year-old driver of a 2006 BMW was reported to having been driving under the influence and speeding when he sideswiped the victims’ vehicle causing it to hit a parked car. San Diego Police officer David Stafford said that the unnamed woman victim was taken to a local hospital with a broken femur along with her daughter who was also injured. The driver of the BMW, and his passenger were also taken to the hospital with injuries. The driver was arrested on suspicion of driving under the influence.
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