San Diego Injury Attorney Blog

Posts Tagged ‘Truck 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
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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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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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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
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San Diego Truck Accident Seriously Injuries Claremont Woman

Saturday, September 25th, 2010

San Diego NEWS 6 reported that an unnamed Claremont woman was seriously injured when a dump truck collided with her vehicle. According to San Diego Police lieutenant Andra Brown the truck accident occurred at around 9 a.m. at the off-ramp of state Route 163 at Kearny Villa Road. The  39-year old woman,  was driving a 2003 Toyota Corolla, when the truck ran a red light and struck her vehicle.  She sustained major injuries and was taken to a local hospital.

Applicable California Law

California Vehicle Code 21453 requires the driver of a vehicle who is approaching a red traffic light, to stop before entering an intersection.  The facts seem to indicate that the dump truck entered the intersection and ran the red light, while the Toyota entered  on a green light. Seemingly the driver of the truck would be at fault and liable for the any injuries or damages sustained by the woman driving the Toyota. However, if there are no independent witnesses, liability remains an issue of facts determined by each party’s statement’s and any physical evidence. If there are conflicting statements, then expert witness analyses of the facts such as  the location of the vehicles relative to the intersection, phasing of the traffic signal, and the points of contact on the respective vehicles, which could be used to determine liability. Opinions by experts on accident reconstruction and human factors will also be used to determined liability if independent  witnesses are not available or the parties’ version of events and credibility alone is insufficient.

When  large vehicles, such as dump trucks, are involved in accidents,  serious injuries or wrongful death can result to the parties involved. Auto accidents, truck accidents, or any vehicular accident resulting in death or serious injuries, can change the life of those involved and that of their family members. Before any action is taken by the victims or their family members, consulting with an experienced personal injury attorney is critical.

Tags: Auto Accidents, Personal Injury, Truck Accident, Wrongful Death
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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
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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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