San Diego Injury Attorney Blog

Posts Tagged ‘Pedestrian 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 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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Escondido Fatal Auto Accident Kills Man In Wheelchair

Sunday, 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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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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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 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
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Pala Motorcycle Accident Causes Fatal Injuries

Sunday, May 16th, 2010

SAN DIEGO NEWS NETWORK reported that 60-year- old Martin Davidoff, a resident of Riverside county, was severely injured and subsequently died from burns over most of his body resulting from a motorcycle crash on State Route 76 near Pala on May 2, 2010.  California Highway Patrol officials stated that Davidoff was riding eastbound on his motorcycle, at around 1:30 p.m., when he ran into the rear of a pickup truck that had stopped in traffic. The impact was so severe that it  caused the motorcycle’s gas tank to rupture and spill gas on the road and on Mr. Davidoff.  Subsequently, a fire ignited covering him in flames. Witnesses pulled him from the wreckage and a Pala police officer, who was nearby, extinguished the flames with a fire extinguisher. Davidoff was airlifted to UCSD Medical Center in serious condition and subsequently died from his injuries.

Our condolences go out to the family and friends of Mr. Davidoff

Applicable California Law

The driver of the pickup truck did not complain of injuries at the scene, and her physical condition is unknown at this time. There are no facts as to what caused Davidoff to rear-end the pickup truck and the CHP in Oceanside is still looking for witnesses. However, the gas tank failure would suggest that it was possibly defective. In evaluating  the potential of any product liability claim, a thorough investigation of the vehicles involved, the accident scene as well as the motorcycle, must be conducted. Experts would need to be retained to determine if the motorcycle, any of its component parts, or possibly its design was defective (see my Blog post on California Products Liability law). After a comprehensive analysis,  if it is determined that the motorcycle was defective, Mr. Davidoff’s heiress could pursue wrongful death claims (see my  Blog post on California Wrongful Death law).  However, if it is determined that his rear-ending the pickup contributed to causing his death, it would affect the value of any claims.

Serious and catastrophic injuries can result in wrongful death in cases involving motorcycle accidents. Acting promptly by gathering, preserving, and analyzing evidence is critical to being able to prove liability, causation, and damages. In many instances, evidence is lost, destroyed, or otherwise becomes unavailable, making it hard or impossible to prove your case. This is true in many accidents resulting in serious injuries such as auto accidents, motorcycle accidents, truck accidents and, in particular, accidents involving product liability. Consulting with an experienced personal injury attorney can make the difference in preserving your options.

Tags: Auto Accidents, Motorcycle Accidents, Pedestrian Accident, Products Liability, Truck Accident, Wrongful Death
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San Diego Mother and Child Hit by Passing Vehicle

Sunday, April 11th, 2010

UNION TRIBUNE staff writer, Karen Kucher, reports that a 30-year-old woman and her 2-year-old son were hit by a passing automobile while crossing Fury Lane at around 6 p.m. on April 7, 2010. The victims were hit by Carolann Rogers, 21, of La Mesa who was driving westbound on Fury Lane in her Toyota Camry and struck the woman and her child while adjusting her sun visor, according officer Derek Vinyard of the CHP.

The woman and her son were transported to a hospital by helicopter and she was reported to be in stable but serious condition the following day, stated CHP Sgt. Chris Ertzner. However, her son’s condition was unknown at that time.

Applicable California Law

 

Although Rogers was not reported to have been speeding at the time,  the fact she was  distracted because the sun was hampering her vision, would not limit her liability for the victims’ injuries. California Vehicle Code 21950 generally gives pedestrian the right of way. However, pedestrians have a duty to pay attention to oncoming traffic. As reported, there is no indication that the victims were not paying attention, or in any way contributed to causing their own injuries and thus there would not be any comparative fault on their part. The next issue is to ascertain if Rogers, and or the owner of the vehicle that hit the victims, has adequate insurance coverage. It is also important to determine if the victims carry Uninsured/ Underinsured coverage of their own that is greater than the limits of the responsible parties, as this is essential in bridging any potential gap and getting them adequate compensation. In addition, a comprehensive investigation of the incident can lead to finding other factors that contributed to causing the accident. For example, did a condition of the location or surroundings affect the drivers ability to see the victim? A property owner’s failure to trim a hedge, modify a nonconforming structure on their property or a municipality’s failure to maintain or provide adequate lighting, are only some of the issues that need to be evaluated in determining the liability of all potential parties.

 Accidents involving pedestrians and motor vehicles generally result in serious injuries, or wrongful death. Far too often this is aggravated by the lack of adequate insurance coverage carried by the driver, and or owner of the vehicle. When victims sustain serious injury because of an auto accident, premises liability, or any other accident caused by the careless acts of another, consulting an experienced personal injury attorney is invaluable.

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Tags: Auto Accidents, Pedestrian Accident, Personal Injury, Premises Liability
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