San Diego Injury Attorney Blog

Posts Tagged ‘Motorcycle 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
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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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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
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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
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San Diego SUV Accident Injures Teen In National City

Tuesday, 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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Vista Car Accident Fatally Injures Three

Friday, 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 »

San Diego Students Fatally Injured In Head-On Auto Accident

Monday, 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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Motorcycle Accident Caused By Escondido Man

Sunday, September 5th, 2010

SAN DIEGO NEWS 10 reported that Timothy Allen, 48, of Escondido, caused a motorcycle accident as a result of suffering a heart attack on July 2, 2010. Allen lost control of his truck , hit a motorcycle, and swerved through the center divider while traveling southbound on I-15 at around 3 p. m..  Allan died  at the scene from heart failure, the motorcyclist, who was not named, sustained  injuries and was taken to a local hospital for treatment. According to Sean Maher, AMA director of state affairs, “Research shows that more than half of all motorcycle crashes are caused by other vehicles violating the right-of-way of a motorcyclist.”  More than two-thirds of car-motorcycle crashes, and nearly half of all motorcycle crashes are caused by drivers other than the motorcyclist. Statistics from the National  Highway Traffic Safety Administration, show that of the 1,319 fatal car-motorcycle crashes in 1999, 38% involved another vehicle violating the motorcyclist’s right-of-way by turning left while the motorcycle was going straight, passing, or overtaking the vehicle.

Applicable California Law

 California Vehicle Code 22107 requires the driver of a vehicle to stay within their lane, unless a lane change can be done safely.  Even though Allen lost control of his vehicle due to a heart attack, his actions still constituted a violation of statute, and his estate would be civilly liable for the motorcyclist’s property damage and personal injuries. This would include the repair or fair market value of the motorcycle and any loss of use. In addition, there would be claims for medical expenses, lost earnings, and earning capacity as well as compensation for pain and suffering.  If Allan  carried auto insurance, his carrier would still be responsible for any damages up to his policy limits, and or defend any lawsuit on behalf of his estate.

Accidents resulting from unforeseen circumstances happen every day. Auto accidents  or truck accidents resulting in motorcycle accidents can occur due to carelessness, recklessness, or random circumstances.  If you or someone you care about have sustained serious injuries, seek the counsel of an experienced personal injury attorney.

Tags: Auto Accidents, Motorcycle Accidents, Personal Injury, Truck Accident
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Fatal Escondido Car Accident Causes Death Of Teenager

Wednesday, August 25th, 2010

NORTH COUNTY TIMES  Morgan Cook reported that an auto accident caused the death of 18-year-old Yazmin Rodriguez, the  driver of an automobile that was hit by a truck. Police reports indicate that  the fatal accident occurred around 9 p.m. in Escondido at the intersection of Escondido Blvd and Center City Parkway. The teen driver was  making a left turn onto Center City Parkway from a stop signal on Escondido Blvd and was struck by a pick up truck being driven by a 37-year-old man. The truck  driver was injured when his vehicle rolled over and the collision caused the wrongful death of the teen driver, and injured her passenger.

Applicable California Law

California Vehicle Code Section 21804 requires the driver of a vehicle who is entering a highway to yield the right of way to any vehicle that is approaching and is close enough to pose a risk.  Without additional facts, Yazmin would be the primary cause of the auto accident. However, if the truck driver’s speed or other conduct such as inattention was a contributing factor in causing the truck accident, he could be partially at fault. The driver of the truck would have a claim against the woman’s estate for property damage and personal injury. His damages would include medical expenses, loss of earnings and earning capacity as well as compensation for pain and suffering, which would be reduced to the extent he contributed to causing his own injuries. If the truck driver contributed to causing the accident the woman’s heirs would have claims, under a survivor action and for wrongful death (See my prior Blog posts on survivor actions and wrongful death). The passenger, in the woman’s vehicle, could pursue bodily injury claims against her estate and possibly against the driver of the truck.

Motor vehicular accidents involving young drivers are very common, since many young drivers lack experience in making critical decisions while driving . Auto accidents, truck accidents, and motorcycle accidents involving young drivers are usually caused by inattention or bad decisions. If you or someone you know has been seriously injured or a loved one has been tragically killed, talk to an experienced personal injury attorney.

 

Tags: Auto Accidents, Motorcycle Accidents, Personal Injury, Truck Accident, Wrongful Death
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Motorcycle Accident Injures Two In Scripps Ranch

Sunday, August 15th, 2010

UNION TRIBUNE  Susan Shroder reported that a  21-year-old man riding his motorcycle lost control and collided with another motorcycle rider. According to officer David Stafford, the motorcycle accident happened at 6:30 p.m. on July 16, 2010,  on Carroll Canyon road near Businesspark Avenue. The Harley-Davidson’s rider heading southbound  at a high rate of speed, lost control of his motorcycle, and  slid into another Harley-Davidson being driven northbound on Carroll Canyon by a 25-year-old man. Both riders were seriously injured and taken to local trauma centers for treatment, according to Stafford.  Potential criminal charges are pending further investigation by the department’s Traffic Division.  According to CHP’s statistics (Statewide Integrated Traffic Records System), in 2008 there were 16 fatalities and 355 injuries involving motorcycle accidents in San Diego. In San Diego County as a whole, 51 people died and 1,081 were injured as a result of motorcycle accidents during the same year.

Applicable California Law

The rider who caused the accident faces potential criminal charges under California Vehicle Code 22350 and possibly reckless driving causing bodily injury in violation of Vehicle Code 23104. In addition, there would be civil liability claims for property damage and bodily injury including medical expenses, loss of earnings and earning capacity, as well as compensation for pain and suffering. If the speeding riders conduct is proved to be grossly negligent, punitive damages can also be claimed.

Driving a motorcycle can be exciting and exhilarating, but some young and inexperienced riders are tempted to push the limits when riding. However they can cause motorcycle accidents, and auto accidents, which usually results in serious injury and or wrongful death. Talking to an experienced personal injury attorney before any action is taken is the key receiving fair compensation and justice.

Tags: Auto Accidents, Motorcycle Accidents, Personal Injury, Punative Damages, Wrongful Death
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