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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October 13th, 2010
SAN DIEGO NEWS 6 reported that David Bruce Menea, 54, was fatally injured while crossing the street on his bicycle on September 11, 2010. The bicycle accident happened when Menea was allegedly illegally crossing Main Street at around 8:50 p.m. in Ramona and was struck by a Toyota 4Runner driven by a suspected drunk driver 32-year-old Susan Reed. Investigating officers from the CHP stated that, after hitting Menea, the truck swerved and hit a stop sign, jumped an embankment, and struck a parked vehicle, causing it to go into a liquor store. Two people in the car and another person in the store were injured. The CHP reported that Reed, the driver of the SUV, was taken to Palomar Hospital, and then arrested on unspecified charges.
Our condolences go out to the Menea’s family and friends
Applicable California Law
Reed will face felony criminal charges for driving under the influence and causing the death of Mr. Menea and injuring the other victims (see my prior Blog post San Diego Woman Arrested For Fatal Coronado Traffic Accident regarding the law on driving under the influence). Reed and the owner of the SUV would be liable for any property that was damaged and injuries to anyone involved in the accident. California vehicle Code 21200 imposes the same obligations and duties on bicyclists as any other person operating a vehicle on the road. If the allegations that Menea was illegally crossing Main Street are true and his conduct contributed to causing his own death, then any claims by his heirs for wrongful death, or any “survivor action” would be reduced proportionately (see my prior Blog post San Diego EMT Fatally Injured In Multi Vehicle Auto Accident for California law on wrongful death and “survivor actions”). The other injured victims would have potential claims for bodily injury, which would include medical expenses, lost earnings and earning capacity, and compensation for pain and suffering against all parties found at fault for the accident
A quiet Saturday night bike ride turns into tragedy. Truck accidents, bicycle accidents, and auto accidents can result in serious injuries or death, and can change the lives of the victims and their families. Obtaining the advice of an experienced personal injury attorney can help reduce the stress and worries after a tragic accident.
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October 10th, 2010
NORTH COUNTY TIMES Morgan Cook and Sarah Gordon reported that Roger Minx, 61, of Escondido was fatally injured while crossing the street in his wheelchair as a result of being struck by a car on September 10, 2010 . The tragic auto accident occurred at around 7:30 p.m. while Minx was crossing East Valley Parkway at Fig Street and was struck by an unnamed motorist. Minx was transported to Palomar Medical Center with serious injuries and internal bleeding. According to the medical examiner’s office, Minx passed away while in the intensive care unit.
Our deepest sympathy goes out to the Minx family and friends.
Applicable California Law
California Vehicle Code 21950 mandates that the driver of a vehicle yield to a pedestrian crossing the street and that the pedestrian exercise caution for his or her own safety while doing so. There are no facts to indicate that Minx did anything, which contributed to his injuries and his death. The driver and registered owner of the vehicle that struck Minx will face civil claims for his wrongful death and a “Survivor Action.” Minx’s heirs would have a wrongful death claim and his estate’s legal representative can pursue a “Survivor Action” for those damages not covered by the Wrongful Death statute ( see my prior Blog post
Dangerous Road Contributes to Death Of Teen for California’s Wrongful Death Law) . If the responsible parties do not have adequate insurance coverage and or other assets , the heirs could pursue an underinsured motorist claim if Minx has the benefit of such coverage. Even as a pedestrian Minx would have the benefit of the coverage under any automobile insurance he or potentially other relatives living with him carry.
Crossing the street can be dangerous, particularly for pedestrians less visible such as those in wheelchairs . Auto accidents and truck accidents involving pedestrians are usually caused by inattention by those involved, and in many instances result in serious injuries or death. Having the benefit of advice from an experienced personal injury attorney can help to get justice for the survivors of a tragic accident.
Tags: Auto Accidents, Pedestrian Accident, Personal Injury, Truck Accident, Wrongful Death
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October 5th, 2010
THE COAST NEWS Wehtahene Tucker reported that John Miksa , 55, a Carlsbad resident, along with professional rider Roy Southerland, several of his care givers from Scripps Hospitals at Encinitas and La Jolla, and others went on a 15-mile bike ride between both of the hospitals on August 27, 2010. Only one year earlier, on August 21, 2009, John was struck near Pacific and Cassidy in Oceanside by a distracted driver. The auto accident resulted in John suffering a shattered ankle, and spinal injuries , leaving him paralyzed from his neck down. He was quoted after the accident as saying “I could feel some pain, but mostly I realized I couldn’t move, my body was still.”
John defying all odds and after only being given a 1% chance of recovery by his neurosurgeon, Scott Leery, he made a miraculous comeback. John was determined to recover fully from his injuries, and said “They stood me up on day four. I went from being totally paralyzed to standing.” On September 1, 2009 he told his therapist he wanted to walk and at first, he did so with the aid of parallel bars. He said ” I was an athlete my whole life and now had a lot of anxiety about walking, I was in a lot of pain.” Jim Cope, his therapist, remembers “within a week he was walking up and down the hall, taking the stairs by himself.” The miracles continued that week, when John and his wife were told that their daughter and son-in-law were going to have a baby. “It was an amazing day to say the least,” John said.
“I want people to have hope that they can recover,” he said. “Most of all I want to tell people to put your cell phone down while driving,” he cautioned. After watching motorists for the nine months he was not allowed to drive, he said he had the opportunity to observe how distracted drivers are. “I’m going to be sticking to trails after this ride,” he said.Miracles can happen, hope, faith and a positive attitude are the keys to recovery.
A leisurely weekend bike ride results in a tragic accident. Auto accidents, truck accidents, which cause bicycle accidents can result in catastrophic injuries. However, with a positive attitude, the will to work hard and the help of an experienced personal injury attorney one can overcome even the greatest challenges.
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September 29th, 2010
UNION-TRIBUNE Dean Calbreath reported that a North County Transit District bus driver and six passengers were injured on August 28, 2010, as a result of a pickup truck entering their lane and collided with the bus. The bus accident happened around 2 p.m. on North Lake Wohlford Road near Valley Center Road. California Highway Patrol Sgt. Scott Payson said that the southbound truck swerved into northbound lanes and struck the bus. The truck driver was not injured, however the bus driver and several passengers sustained injuries and were transported to a local hospital by ambulance. The truck driver was suspected of using a cell phone while driving and being distracted, which caused the truck accident.
Applicable California Law
California Vehicle Code 21651 makes it illegal to cross over a barrier, or double yellow lines, unless designated to do so. In addition, California Vehicle Code 32123 mandates hands free use of cell phones while operating a vehicle. Lake Wohlford Road is a thoroughfare divided by double yellow lines and the truck driver’s conduct, by crossing into oncoming traffic, constituted a violation of statute. Furthermore, if the driver of the truck was in fact operating the vehicle while using a cell phone without a hands free device, which contributed to causing the accident, he would also be in violation of statute. Thus, the truck driver would be liable for the damage to the bus as well as the personal injuries to the occupants
Having personally traveled Lake Wohlford Road on several occasions, and represented several people who sustained injuries in vehicular accidents on that road, I know that driving on that road can be dangerous. The hazards of vehicular accidents resulting in serious injuries is even greater when they involve large vehicles resulting in trucks accidents, buses accidents, or auto accidents. If you, or a loved one has sustained serious injuries caused by a careless driver, consult with an experienced personal injury attorney.
Tags: Auto Accidents, Bus Accident, Personal Injury, Truck Accident
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September 25th, 2010
San Diego NEWS 6 reported that an unnamed Claremont woman was seriously injured when a dump truck collided with her vehicle. According to San Diego Police lieutenant Andra Brown the truck accident occurred at around 9 a.m. at the off-ramp of state Route 163 at Kearny Villa Road. The 39-year old woman, was driving a 2003 Toyota Corolla, when the truck ran a red light and struck her vehicle. She sustained major injuries and was taken to a local hospital.
Applicable California Law
California Vehicle Code 21453 requires the driver of a vehicle who is approaching a red traffic light, to stop before entering an intersection. The facts seem to indicate that the dump truck entered the intersection and ran the red light, while the Toyota entered on a green light. Seemingly the driver of the truck would be at fault and liable for the any injuries or damages sustained by the woman driving the Toyota. However, if there are no independent witnesses, liability remains an issue of facts determined by each party’s statement’s and any physical evidence. If there are conflicting statements, then expert witness analyses of the facts such as the location of the vehicles relative to the intersection, phasing of the traffic signal, and the points of contact on the respective vehicles, which could be used to determine liability. Opinions by experts on accident reconstruction and human factors will also be used to determined liability if independent witnesses are not available or the parties’ version of events and credibility alone is insufficient.
When large vehicles, such as dump trucks, are involved in accidents, serious injuries or wrongful death can result to the parties involved. Auto accidents, truck accidents, or any vehicular accident resulting in death or serious injuries, can change the life of those involved and that of their family members. Before any action is taken by the victims or their family members, consulting with an experienced personal injury attorney is critical.
Tags: Auto Accidents, Personal Injury, Truck Accident, Wrongful Death
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September 21st, 2010
San Diego NEWS 10 reported that Carlos Martinez, 35, was arrested on suspicion of felony drunk driving after driving his Jeep Cherokee into a bus stop and injuring a 15-year-old boy on August 19, 2010. The auto accident happened at the corner of Plaza Blvd. and Palm Ave., in National City at around 6:45 a.m.. The unnamed victim sustained multiple serious injuries including broken bones and was taken to a local hospital. There was no evidence such as skid marks that would suggest that Martinez made any attempt to take any action to avoid the accident prior to hitting the boy.
Applicable California Law
Martinez will face criminal charges for violation of vehicle code California Vehicle Code 23152 for driving under the influence of alcohol or drugs. In addition he will face potential claims for the teen’s personal injuries, which would include past, present, and future medical expenses, lost earnings and earning capacity as well as compensation for pain and suffering (see my prior Blog post San Diego Woman Arrested For Fatal Coronado Traffic Accident for DUI law in California). According to statistics from the National Highway Traffic & Safety Administration, in the past decade around 250,000 people have died in the U.S. as a result of alcohol-related vehicular accidents. That amounts to approximately 25,000 deaths annually. Auto accidents are the leading cause of death for young Americans between the ages of 5 and 35. Of those fatal car accidents involving young people, at least half have involved alcohol or drugs. More than 700,000 people annually are injured in alcohol-related crashes. Young people, ages 16 to 24 are much more likely to drive under the influence than are adult Americans (ages 24 and up). Despite the fact that only one in every five drivers on the road is between the ages of 16 and 24, more than 40% of all DUIs involve drivers in this age bracket. Of all ethnic groups, Hispanics (45.9 %) represented the largest ethnic group among DUI arrestees.
Despite the fact that statistics indicate an overall decrease in DUI related deaths and injury accidents, they are still a epidemic problem. Auto accidents, truck accidents, and motorcycle accidents involving the use of alcohol or drugs generally have serious consequences for those involved as well as their families. If you or a loved one has sustained serious injuries or the loss of a loved one due to a DUI driver, consult an experienced personal injury attorney.
Tags: Auto Accidents, Motorcycle Accidents, Pedestrian Accident, Personal Injury, Truck Accident, Wrongful Death
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September 17th, 2010
UNION TRIBUNE Pauline Repard reported that a San Marcos woman, allegedly driving under the influence (DUI), is suspected in a fatal auto accident in Vista on August 13, 2010. The accident occurred at around 12:30 a.m. just west of Sycamore when Erica Oliva, 23, of Fallbrook, pulled her car off to the shoulder because one of her passengers was getting sick. Erica along with two of her passengers, Susana Orozco, 23, of Escondido, who worked with her at Valley View Casino, and Omar Guzman of Oceanside, exited her Nissan Altima just before it was struck. Omar stepped away from the vehicle just before it was hit by a Jeep Cherokee, driven by Debbie Sumi, 23, of San Marcos and escaped injury. However, the collision killed the two woman and injuring Gerardo Cortez, 21, of Oceanside who was still sitting in the Nissan. CHP officer Eric Newbury said that Sumi, who was not wearing a seat belt, was thrown from her vehicle, and was seriously injured. Sumi’s passenger was crushed and received fatal injuries when the Jeep overturned. Newbury was quoted as saying, ”We’ve had a lot of fatalities from DUIs, it’s a tragedy. Only when something like this happens is there an outrage. All the people who died today, we can’t bring them back.” Sumi was taken into custody at the scene, on suspicion of drunk driving and felony vehicular manslaughter before being taken to a local trauma center.
Our sympathy goes out to the families and friends of the deceased.
Applicable California Law
Sumi will face criminal charges for vehicular manslaughter, for causing three deaths in violation of Penal Code 192. In addition Sumi will face civil claims for the wrongful death and personal injury to the victims and their families. The heirs of those who were killed will have claims for wrongful death against Sumi (see my prior Blog post for California Wrongful Death Law). Sumi might also face claims for punitive damages if her conduct amounted to gross negligence (see my prior Blog post on California Punitive Damage Law). Cortez will have a claim for his personal injury which will include past and future medical expenses, lost earnings and earning capacity as well as compensation for pain and suffering.
Drunk drivers causing serious accidents resulting in injuries or death are a daily occurrence. Drunk driving is also one of the leading causes of auto accidents, truck accidents and motorcycle accidents. They are a major cause of wrongful death, and serious injuries such as spinal injuries, causing paralyses or brain injuries. If you or a loved one has been seriously injured or killed, conferring with an experienced personal injury attorney is crucial.
Tags: Auto Accidents, Brain Injury, Motorcycle Accidents, Personal Injury, Punative Damages, Truck Accident, Wrongful Death
Posted in Auto Accidents, Personal Injury, Spinal Cord Injuries, Uncategorized, Wrongful Death | No Comments »
September 13th, 2010
NBC News’ Lindsey Hood, reported on a major auto accident involving two vehicles filled with students and coaches from Southern California, that resulted in a fatal head-on collision on the evening of August 9, 2010. The accident occurred just outside of Bishop, on US 395, when a SUV with 5 former students from Cathedral Catholic High School in Carmel Valley, crossed over into oncoming traffic and hit a van. The van was carrying 12 students and a coach from California Baptist University in Riverside. Reports indicate that both vehicles were coming and going from a high-altitude camp for cross-country runners in Mammoth Lakes. Wendy Rice, 35, who was driving the van and two passengers in the SUV, Amanda Post and Natalie Nield, were fatally injured according to sources from Cathedral High School. Two passengers in the SUV Drew Delis and Derik Thomas of Encinitas, suffered major injuries, as well as 12 people in the van, and were all transported to local hospitals.
Our condolences go out the families and friends of the deceased and a speedy recovery to those injured.
Applicable California Law
California Vehicle Code 2651 prohibits any vehicle from crossing into oncoming traffic when a road is divided by double yellow lines. The driver and registered owner of the SUV would be liable for the wrongful death of the three woman, and the injuries to the passengers of both vehicles (see my prior San Diego EMT Fatally Injured In Multi Vehicle Auto Accident for the California Wrongful Death Law). Due to the number of fatalities and injuries, it is essential to ascertain if the responsible parties had sufficient insurance coverage to adequately compensate those injured and the heirs of those who were killed . Reports do not identify the owner of the van, and if there was any underinsured motorist coverage, as it would be the primary coverage for its occupants. If both vehicles carried inadequate insurance limits, hopefully all of the injured and other claimants have the benefit of their own coverage to adequately compensate them for their injuries or losses.
US 395 is mostly rural and can be treacherous when people do not exercise extreme caution. There are long stretches where there is only a single lane in each direction, poor lighting, and attempting to pass slower vehicles can be dangerous. Drivers often have to cross over into oncoming traffic to pass slower vehicles, causing auto accidents, truck accidents, and motorcycle accidents. Talking to an experienced personal injury attorney before taking any action is critical.
Tags: Auto Accidents, Motorcycle Accidents, Personal Injury, Truck Accident, Uninsured Motorist, Wrongful Death
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September 9th, 2010
THE ASSOCIATED PRESS reported that a private plane crashed at around 1:00 p.m. on August 2, 2010 when the Crane family was on their way home to Scottsdale, Arizona after visiting family in San Diego. The Cranes single engine plane, a Velocity XL-RG6, took off from Montgomery Field when George Crane, the pilot, radioed that he was turning back because one of the plane’s doors was open. While attempted an emergency landing at Kearney Mesa airport the plain crashed at the Admiral Baker Golf Course. Investigators from the National Transportation Safety Board (NTSB) are inspecting the scene of the accident to see if the plane door, discovered a mile from the crash site, was a contributing factor in causing the plane to crash. Federal Investigators will analyze other factors such as, excess weight, the doors’ hinges, and latch mechanism. Air and safety investigator Tom Little, of the NTSB, said that the investigation will examine the physical evidence from the wreckage to determine the cause of the crash, and whether the door might have hit the plane’s engine, and or the propeller. The fatal accident caused the death of Lori Crane and her 8-yeat-old son, Austin. George Crane is in critical condition at local hospitals along with his two other children, 11-year-old Summer, and 10-year-old Tia.
Our deepest sympathy goes out to the Crane family and friends, as well as a speedy recovery to the injured.
Applicable California Law
The surviving Crane family members will have potential wrongful death, and survivor actions against the manufacturer Velocity Inc. for the death of Lori and Austin (see my prior Blog posts for California Law on Wrongful Death and Survivor Actions). All claims, including personal injury claims of George and his daughters, will be based on products liability theories (see my prior Blog posts on California Products Liability Law). However, other factors, such as pilot error, whether the door was improperly secured before takeoff, and whether the plane, which was built from a kit, was properly constructed, are factors that could reduce the value of any claims if they contributed to causing the crash
The death of loved ones and serious injuries caused by an accident can change the lives of the families who are victims of these tragedies. Defective products that cause catastrophic injuries due to plane crashes, auto accidents, truck accidents, and result in wrongful death, serious spine injuries, or brain injuries, have life long consequences. Conferring with an experienced personal injury attorney can make the difference in obtaining justice for the injured and their families.
Tags: Auto Accidents, Brain Injury, Personal Injury, Products Liability, Truck Accident, Wrongful Death
Posted in Auto Accidents, Personal Injury, Spinal Cord Injuries, Uncategorized, Wrongful Death | No Comments »
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