San Diego Injury Attorney Blog

Posts Tagged ‘Bicycle Accidents’

Misconceptions About San Diego Auto Accident And Other Injury Claims

Wednesday, 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
Posted in Auto Accidents, Personal Injury, Wrongful Death | No Comments »

Rancho Bernardo Auto Accident Seriously Injures Bicyclist

Wednesday, 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 »

San Diego Brain Injury Victims Resource Guide

Saturday, 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
Posted in Auto Accidents, Pedestrian Accident, Personal Injury, Uncategorized | No Comments »

Carlsbad Police Car Chase Accident Injures Four

Thursday, 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
Posted in Auto Accidents, Personal Injury, Wrongful Death | No Comments »

San Diego Bus Driver Convicted For DUI

Monday, June 21st, 2010

San Diego News 6 reports that Emily Knudson, a passenger on a North County bus, is being called a hero for her 911 call on June 1, 2010 when she suspected the driver of her bus was intoxicated. Knudson was riding on a  transit bus traveling between Oceanside and Encinitas when she noticed that the bus driver, 40-year-old David Costello, was driving erratically, appearing sweaty, making random stops, including once to go to the bathroom on the side of the road.

Police stopped the bus and administered several sobriety tests, which Costello failed, and was said to have a blood alcohol level of .25 which is six times the legal limit for commercial drivers. San Diego officer Deputy Weibe said, “His right eye was actually closed — and when I asked him to open his eyes, they were red, they were blood shot — swollen and droopy. His motor coordination was slow, his speech was slow and slurred.” Costello was taken into custody and transported to Vista jail. Authorities disclosed that Costello had been cited nine times for alcohol related incidents since 2006.

Applicable California Law

Costello will face various criminal charges including driving under the influence, public intoxication and possibly reckless endangerment In violation of California Vehicle Code 23152, among others. Furthermore, had he caused an accident, he would also face potential claims for damages. Taking into account his blood alcohol level, punitive damages for gross negligence could also be claimed. In addition, since Costello was in the course and scope of his employment, the North County Transit District would also be responsible for any damages. A timely claim must be filed with the proper agencies and strict compliance with the government claims statutes pursuant to Government code section 945.4. California Civil Code Section 3294 determines when punitive damages can be awarded. As applied to employers, punitive damages based on the conduct of an employee may be awarded in various situations such as where the employer :

• Had advanced knowledge that the employee was unfit and employed him or her with conscious disregard of the rights or safety of others
• Authorized or ratified the bad conduct; or
• Commits one or more acts of oppression; or
• Commits fraud, such as a “cover up” or lying about .

The acts of good Samaritan averted a potential accident, which could have resulted in serious personal injury, or wrongful death to the passengers of the bus, pedestrians, or other motorists. Bus accidents, auto accidents, motorcycle accidents involving drunk drivers are tragic . In addition, route 309 is heavily traveled by bicycle riders, who are at great risk of serious injury. When injury, or wrongful death touches our lives, the guidance of an experienced personal injury attorney is invaluable.

Tags: Auto Accidents, Bicycle Accidents, Government Claims, Pedestrian Accident, Personal Injury, Punative Damages, Wrongful Death
Posted in Auto Accidents, Pedestrian Accident, Personal Injury, Wrongful Death | No Comments »

New Evidence On Traumatic Brain Injury/Psychiatric Injury And Depression

Monday, June 7th, 2010

A new study featured in the Journal of the American Medical Association (JAMA) details why major depression after a traumatic brain injury (TBI) is the most significant and disabling cause of psychiatric injury, irrespective of the degree and severity of the brain trauma.  Unfortunately, despite the high number of people suffering from major depression following TBI, most cases go untreated, resulting in poor quality of life for those injured. Of the 1,080 TBI patients at a Seattle trauma center, 599, primarily men injured in car accidents, participated in the study between June 2001 and March 2005 and were followed for 12 months. The participants overwhelmingly exhibited symptoms of major depression at an alarming rate, eight times greater than that which would be expected in the general population.  

Dr. Jesse R. Fann from the University of Washington School of Medicine, who is one of the studies’ principle researchers stated that “less than half of the people who were found to have major depression received any treatment during the first year.”  The absence of treatment was a significant factor despite the fact that major depression during the first year was associated with poor quality of life and ability to function.  In most cases, the treatment of patients suffering from traumatic brain injury  generally focuses on the injury and its effect on a person’s ability to think clearly. The researchers who conducted the study wanted to determine the frequency of severe major depression following a major traumatic brain injury and its affect on recovery. Excluding participants who suffered from preexisting depression at the time of injury, almost half of the remaining participants experienced “new” major depression. Researchers suspect that these estimates are “conservative” and underestimate the problem.

Accident victims who suffer from traumatic brain injury in auto accidents, motorcycle accidents, bicycle accidents or other accidents in most cases do not appreciate the nature and extent of their injuries. In many instances they delay in getting a prompt evaluation and the treatment they need and deserve, which can result in complications that could have potential life long effects on their lives. Having the experience and knowledge of these and other complex issues is one of the many benefits of consulting an experienced personal injury attorney.

Tags: Auto Accidents, Bicycle Accidents, Brain Injury, Motorcycle Accidents, Personal Injury
Posted in Auto Accidents, Personal Injury, Uncategorized | No Comments »

San Diego Man Struck By Motorist

Monday, March 15th, 2010

 

San Diego,  ABC 7 News reported that a man in a wheelchair  was struck by a female motorist in the early  morning on March 7, 2010. According to San Diego police officer David Stafford,  the accident happened at about 2 a.m. on the 2800 block of University Avenue. The disabled man was allegedly intoxicated when he was hit by a Honda sedan after he rolled into the street from between two cars.  Officer Stafford said the man sustained serious injuries and was transported to a local hospital.

National Highway Traffic Safety Administration statistics show that pedestrian accidents are on the rise. Pedestrian fatalities account for 11 percent of fatal motor vehicle accidents. More than 180,000 pedestrians were killed in motor vehicle accidents between 1975 and 2005. Pedestrians account for the second largest category of motor vehicle accident deaths after occupant deaths. On average, a pedestrian is injured in a traffic accident every 8 minutes, and a pedestrian is killed in a traffic accident every 111 minutes. In 2005 a total of 4,881 pedestrians were killed in motor vehicle accidents and the per capita pedestrian death rate was 1.6 per 100,000 people.

Applicable California Law

Under the circumstances,  it looks like the man was the cause of the accident. However, since California is a comparative fault state, the woman driver’s conduct needs to be taken into account, as she could be partially at fault. If she could have taken reasonable action to avoid the pedestrian, or to minimize the collision, a portion of the liability could be attributed to her. The degree of comparative fault is requires investigation and additional factors could come to light as a result of discovery, if a lawsuit was pursued.

At first blush, many people view the circumstances of an accident as being straight forward and uncomplicated. Far too often people think that they are at fault, even if they sustain serious injuries, and don’t realize that they could be entitled to compensation for their injuries. If you have sustained injury in a auto accident, motorcycle accident, bicycle accident, or from a defective product,  you should seek the advice of an experienced personal injury attorney.

Tags: Auto Accidents, Bicycle Accidents, Pedestrian Accident, Personal Injury, Products Liability
Posted in Pedestrian Accident | No Comments »

San Diego Conference Offers Victims Of Traumatic Brain Injuries Hope

Sunday, March 7th, 2010

Sources at Emery University state that Phase III clinical trials using progesterone for the treatment of patients who suffer from traumatic brain injuries (TBI) will start in March, 2010. The studies will be under the direction of David Wright, MD, associate professor of emergency medicine at Emory University School of Medicine who addressed the advances in the use of progesterone for TBI at the American Association for the Advancement of Science in San Diego in February 2010. Previous trials by researchers at Emery discovered evidence suggesting that progesterone is safe for use in the treatment of patients suffering from TBI. There was a dramatic reduction in mortality, functional outcomes, and reduced disability in patients with moderate brain injury.
According to the Centers for Disease Control and Prevention, every 15 seconds someone in the United States sustains a significant traumatic brain injury. Approximately 2 million adults and children in the United States suffer from traumatic brain injuries each year- leading to 50,000 deaths and 80,000 new cases of long term disability. “This is a health care crisis,” Dr. Wright declared, “The most common cause for TBI in this country [used to be] motor vehicle collisions, but as [the population] ages, falls have overtaken vehicle collisions as the number one cause. There are a number of things we do clinically to try to prevent the brain from swelling, but the reality is that we have yet to develop an effective therapy for TBI.” Regardless of how prevalent the problem is there is no effective medication exists to improve outcomes following TBI. The favorable results in previous trials using progesterone gives hope for individuals suffering from TBI and their families.
Brain injuries can result from a wide variety of different causes such as auto accidents, motorcycle accidents, bicycle accidents , slip and fall accidents or negligent medical care. The results are devastating to the injured and their families. Expertise in knowing which medical specialists, rehabilitation options, and other resources can be critical to a successful outcome in the treatment of the injured person. That is why it is critical to seek the advice of an experienced personal injury attorney.

Tags: Auto Accidents, Bicycle Accidents, Brain Injury, Motorcycle Accidents, Slip And Fall Accidents
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