San Diego Injury Attorney Blog

Posts Tagged ‘Bus Accident’

San Diego South Bay DUI Auto Accident Injuries Victims

Friday, 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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San Diego Hit & Run Auto Accident Kills Pedestrian In Carmel Mountain

Friday, 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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San Diego City Heights Auto Accident Fatally Injures Two

Thursday, 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
Posted in Auto Accidents, Personal Injury, Spinal Cord Injuries, Truck Accidents, Uncategorized, Wrongful Death | No Comments »

Distracted Drivers Who Text While Driving Are Silent Killers

Wednesday, 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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Escondido Bus Accident Injures Seven in Valley Center

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

San Diego DUI Auto Accident Causes Brain Injury To Pedestrian

Saturday, August 21st, 2010

 

East County Magazine reported that a 65-year-old man was struck by a hit-and run driver in the College area of San Diego on July 18, 2010. The pedestrian was found lying in the street on the 6400 block of Alvarado Road around midnight. Police reported that the 57-year-old woman driver of the vehicle,  had been drinking and returned to the scene admitting having struck something. Police Investigators determined that she was the one who had struck the victim, who sustained with multiple injuries including a broken leg and brain injury and  was transported to a local trauma center. Drunk driving is escalating in California, and is a growing problem for law enforcement .(see my prior Blog post San Diego Woman Arrested For Fatal Coronado Traffic Accident for further details).

Applicable California law

California Vehicle Code 20001 details the duties of drivers who are involved in an vehicular resulting in personal injury to others and  the penalties for failing to comply, such as stopping at the scene. California Vehicle Code 23152 prohibits driving while under the influence of alcohol or drugs. The driver of the hit-and run vehicle will likely face felony criminal charges for both offenses. The issue of greatest concern is whether she has adequate insurance coverage or other assets to fully compensate the victim. Since the victim sustained a broken leg and a brain injury resulting in bleeding of his brain, his medical expenses will be in the tens or hundreds of thousands of dollars. Furthermore, the victim will probably have significant, and possibly life-long residual physical and psychological consequences from his injuries requiring treatment.

Pedestrians are at great risk from drunk drivers and inattentive motorists.  Auto accidents, truck accidents and bus accidents involving pedestrians in many instances result in catastrophic injuries or wrongful death. Accident victims need the guidance and  counsel of an experienced personal injury attorney.

Tags: Auto Accidents, Brain Injury, Bus Accident, Pedestrian Accident, Personal Injury, Truck Accident, Wrongful Death
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San Diego Bus Accident Injures Multiple Students

Tuesday, June 1st, 2010

San Diego 10 News reported that several students were injured in a bus accident  on the Campo Indian Reservation at the Golden Acorn Casino on 5/18/10. The  bus carrying elementary grade students from Yuma, Arizona stopped at the casino on its way to the San Diego Zoo, when the bus driver ran into a light pole knocking the students out of their seats and causing several students to be injured. According a Cal Fire spokesperson, the students were transported to Sharp and Alvarado Hospitals for evaluation and treatment.

Applicable California Law

The parents, legal guardians and representatives of the injured students would have claims against  the driver of the bus as well as the school district if they employed the driver and owned the bus.  Claims would need to be filed with the appropriate public agencies in compliance with local Arizonian laws. Since the accident occurred in California, as a general rule, any potential law suites should be filed in San Diego. However, since the claims involve Arizona public agencies and residents, suite could be filed in federal court in Arizona. Furthermore, since the incident took place on an Indian Reservation, and the U.S. government recognizes Indian Tribes as sovereign nations, their tribal laws would govern the policies and procedures for resolving any law suites if the casino or any of there employees contributed to causing the accident. If so, in Southern California, the cases would be adjudicated by the Intertribal Court of Southern California. 

A school field trip resulted in a bus accident causing injury. A  moment of inattention or distraction can cause personal injury or wrongful death. Auto accidents, bus accidents, truck accidents or any accident involving a large vehicle, can cause serious personal injury. If you or a loved one have been injured in a accident, talking to an experienced personal injury attorney can help resolve complicated issues.

Tags: Auto Accidents, Bus Accident, Personal Injury, Truck Accident, Wrongful Death
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San Diego Accident Injures Nine Bus Passengers

Friday, March 26th, 2010

UNION-TRIBUNE Reporter Jose Jimenez reported that nine bus passengers were injured when a Mitsubishi Eclipse struck a Metropolitan Transit System bus on March 24, 2010, at around 3:40 p.m., in the City Heights area. The car was traveling south on 37th Street and ran a stop sign at University Avenue. The car struck the eastbound bus carrying 40 passengers, said San Diego police Sergeant Ron Bailiff.  The injured, ages 18 to 55, sustained spine injuries to their necks and backs. Two were seriously injured, and one was treated by paramedics at the accident scene.  The driver of the car, a male between 18 to 25 years old, tried to leave the scene of the accident; however, his vehicle sustained major damage and stalled on 37th Street. He then ran north on 37th Street and has not been identified. He is suspected of drunk driving, since an open container was found in his vehicle.

Applicable California Law

 

If the driver of the Eclipse is caught, he will face criminal charges for leaving the scene and for driving under the influence.  Furthermore, he will be liable for the victims’ injuries and if proven that he was driving under the influence, he could be exposed to a punitive damage award.  If the driver is not identified, the owner of the vehicle could be held liable under the theory of permissive use.  If the driver is the only owner of the vehicle and is never identified, the injured can pursue uninsured motorist claims, provided they have uninsured motorist coverage. 

Drunk drivers causing personal injuries are far too common. Spine injuries cause by auto accidents and bus accidents can be extremely complex for someone who does not know the law.  If you, or a loved one, have sustained serious injuries in an accident,  proper advice and guidance from an experienced personal injury attorney is critical.

Tags: Auto Accidents, Bus Accident, Personal Injury, Spine Injuries, Uninsured Motorist
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Point Loma Auto Roll Over Accident

Saturday, March 20th, 2010

San Diego 6 News, reported that four people were injury in an auto accident  in Point Loma. The accident happened when a vehicle, turning left on Talbot Street,  was struck by another one coming down the hill causing it to roll over.  Fire and rescue crews responded at around 3:00 p.m., and rescued two occupants who were trapped in the overturned vehicle. According to authorities, two other people were also injured.

Applicable California Law

California law requires any vehicle turning left  to yield the right of way to any vehicle approaching from the opposite direction that is close enough to constitute a hazard, California vehicle code 21802(a). It is unclear if the driver of the left turning vehicle saw the other vehicle before turning, or was merely inattentive. The location of the other vehicle, before the driver started the turn, is also an issue of fact that is necessary in apportioning fault. If the driver of the  vehicle that was coming down the hill was driving at an unsafe speed, or was inattentive, they could be partly responsible. Apportioning fault could reduce the value of any claims being made by any responsible party. The passengers in both vehicles would have personal injury claims against the left turn driver, and potently the other driver as well.

 Auto accident are very traumatic  when any of the vehicles overturn. Auto  accidents, truck accidents, and bus accidents , which cause a vehicle to roll over, have a greater probability of resulting in spinal injuries, brain injuries, or wrongful death. Complex issues relating to liability, causation , damages, or insurance coverage can be difficult to prove and analyze. If you have been seriously injured in an accident it is crucial that you talk to an experienced personal injury attorney to know what your options are.

Tags: Auto Accidents, Brain Injury, Bus Accident, Spine Injuries, Truck Accident, Wrongful Death
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Fallbrook Bus Accident Fatally Injures Pedestrian

Sunday, February 28th, 2010

San Diego CBS News 8 reports that a 38-year-old man was struck by a school bus and was fatally injured in front of Potter Junior High School in Fallbrook. CHP officers said, a school bus driven by 55 year old Gabriel Perez struck a  man who was drawing on the road in the early morning on February 26, 2010. After being hit by the bus the man was struck a second time by another vehicle and died at the scene. Although it is not known why the man was in the street, pedestrian accidents are very common. According to the California Highway Patrol statistics there were 533 injuries and 23 fatalities in San Diego and 998 injuries and 63 fatalities countywide involving pedestrians in 2008. Most of these accidents are a result of inattention on the part of either or both parties.

Our deepest condolences go out to the family and friends of the deceased man.

Applicable California Law

In most cases fault or responsibility are relative terms and a person partially at fault  or his family members can still have a viable claims. Figuring out who did what and when can be complicated requiring a thorough investigation and analyses. This requires many years of expertise and experience. California has specific claims reporting requirements when injuries or death are caused by government or public entities or their employees while in the course and scope of their employment. In addition there are specific statutes of limitations for filing lawsuits which need to be strictly complied with.

Serious personal injury or wrongful death claims caused by auto accidents, bus accidents involving pedestrians  are complicated and require special training and knowledge to handle properly.  Getting personalized advice and talking to an experienced personal injury attorney is crucial.

Tags: Auto Accidents, Bus Accident, Pedestrian Accident, Personal Injury, Wrongful Death
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