San Diego Injury Law Blog

A big rig truck crashed on eastbound Interstate 8 last night, claiming the lives of the driver and his passenger. According to witnesses, the truck was traveling down a fairly steep decline under the speed limit when, for reasons unknown, drifted to the right shoulder and slammed into the dirt slope on the side of the road. The truck burst into flames upon impact, killing the occupants immediately.

The cause of the accident is currently under investigation, and it is still unclear if the accident was caused by driver negligence or whether the truck malfunctioned in some way. Anyone with information about the crash is encouraged to contact the Imperial County office of the California Highway Patrol.

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Source: San Diego Union Tribune

The San Diego truck accident lawyers at the Walton Law Firm represent individuals and families who have been impacted in all types of trucking accidents. Call (760) 607-1325 for a free consultation.

This is not shocking news, but a recent study has show that teens who own their own cars are involved in more car accidents than teens who don't. These findings are a result of a study performed at Children's hospital of Philadelphia, and will be published in the October issue of Pediatrics.

While getting a car is frequently a right of passage for American teens, there is a grim downside. Automobile accidents are the leading cause of death for U.S. teenagers, claiming the lives of more than 5,000 every year. "With teen drivers, you have to recognize that it is a public health issue," said Dr. Jeffrey Weiss, an Arizona pediatrician and co-author of the report. The report revealed that in 2007 there were more than 7,000 deaths in accidents involving teens, and over 250,000 teenage drivers were injured.

The study surveyed more than 5,500 teens in grades nine though 11.

Another article of interest: Strict rules from parents lead to safer-driving teens.

Source: 10 News San Diego

The automobile accident lawyers at Walton Law Firm represent individuals and families throughout San Diego County who have been injured in motor vehicle accidents. Call today for a free and confidential consultation (760) 607-1325.

A weird and tragic car accident story was reported in the San Diego Union Tribune this morning about a fatal accident occurring last Sunday at the same intersection where a family of four lost their lives almost about a month ago.

According to the article, a female teenager driving a black Ford Ranger rear ended a Chevy Cavalier on Parks Avenue in La Mesa. Instead of stopping, the teenager fled the scene, and the driver of the Chevy, Taya Chase, attempted to follow. While in pursuit, the pickup truck, for reasons unknown, stopped in the middle of an intersection. Chase pulled up along side it to address the driver who had just hit her, but no words were exchanged. According to Chase, the teenager gave her a "scary glimpse," then she "looked right through me," before putting the truck in reverse and speeding away.

This story then becomes truly tragic. The teen turned her truck around and proceeded to get on eastbound I-8. She was followed by another driver who had witnessed the hit-and-run on Chase. The truck sped from I-8 to northbound SR-125, where it allegedly plowed through the intersection at Mission Gorge Road, and broadsided a car being driven by Pamela Marabeas, 53, of Santee. The high-speed collision crushed both cars, killing Marabeas and critically injuring the teen. Police believe that the teen may have run a red light.

Police are still investigating the accident, and no doubt more information will come about the teen and the reasons for her careless and reckless conduct.

Source: San Diego Union Tribune

The San Diego personal injury and accident lawyers at the Walton Law Firm represent individuals and families who have been injured in all types of accidents, including those caused by defective products. Call (760) 607-1325 for a free consultation.

A wrongful death lawsuit has been filed in San Diego Superior Court - El Cajon by the family of Thomas Varshock, a 52-year-old Potrero resident who burned to death during the 2007 Harris wildfire. The lawsuit alleges that state firefighters were negligent in handling of the fire, and that their negligence caused the death of Varshock, and injuries to Varshock's 15-year-old son, who was badly burned.

The lawsuit addresses the sequence of events that took place on a road near the Varshock home on the first day of the fire. Varshock and his son were driving away from their home to flee the fire when they encountered four firefighters. There was a discussion between Varshock and firefighters, then the Varshocks climbed aboard the truck with the firefighters, who drove them back to the Varshock home. Upon arrival, the fire fighters immediately started fighting spot fires, but were quickly overcome by flames that engulfed both the Varshock home, and the fire truck that was parked nearby. The fire fighters were also badly burned.

The California Department of Forestry (or Cal Fire), the named defendant, disputes this rendition of facts. It says that the Varshocks insisted on returning to their home, and only ended up in the fire truck after the Varshock's vehicle stalled.

Obviously there is a huge difference in the story, which will likely be resolved by the lawsuit. Cal Fire has a number of legal defenses, including governmental immunities. If the family prevails, it will be entitled to money damages for the loss of love, society, companionship of Varshock, as well has the financial support. The son has his own separate case for his burn injuries.

Source: The San Diego Union Tribune

The accident and injury attorneys at the Walton Law Firm represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, property injuries, and other negligence related injuries. Call (760) 607-1325 for a free consultation.

The driver of a Lexus sedan was killed this morning when his car was crushed by a big rig truck that rolled over on Interstate 5. According to reports, Gustavio Gracia, the driver of the Lexus was transitioning from the I-5 to SR 78 east, when the semi tractor trailer rig rolled over on top of the Lexus. Garcia suffered major head injuries and died at the scene.

The I-5/SR 78 exchange remained closed for five hours as the crash was investigated. The cause of the crash is still unknown, and the 1996 Freightliner will undergo a complete inspection to determine if malfunctioned.

Drugs or alcohol are not believed to have played a role in the big rig crash.

Source: SignOnSanDiego

The personal injury lawyers at the Walton Law Firm represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, property injuries, and other negligence related injuries. Call (760) 607-1325 for a free consultation.

Toyota Motor Sales USA has ordered mandatory inspection of all Toyota and Lexus vehicles after a fiery San Diego crash that killed four people. Earlier indications suggest that the accident may have been caused by a faulty floor mat that made the accelerator get stuck.

You may recall the accident that occurred two weeks ago (and blogged about here) involving Mark Saylor, an off-duty CHP officer who was driving with his family in a loaner Lexus when the accelerator became stuck. Saylor dramatically called 911 just prior the accident, a recording that has received a ton of national attention (and can be heard by clicking here).

As a result of the attention, Toyota has sent a letter to all of its dealers requiring inspections on all Toyota and Lexus cars, stating"

“We urge all other automakers, dealers, vehicle owners, and the independent service and car wash industries to assure that any floor mat, whether factory or aftermarket, is correct for the vehicle and properly installed and secured."

Investigators at the NHTS have said that the all-weather floor mat found in the wreckage of the Lexus suggest that it could have interfered with the accelerator. Notably, the rubber mat found in the vehicle was a couple of inches longer than the mat that belonged in the vehicle. If this is true, culpability may lie at the feet of Bob Baker Lexus in El Cajon, the source of the loaner vehicle.

It appears this case will be headed to litigation, as it should. Mr. Saylor died along with his wife, young daughter, and brother-in-law. We certainly hope the true cause of this tragic accident is discovered, and that justice is served.

Source: SignOnSanDiego

The San Diego injury and accident attorneys at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents, including those caused by defective products. Call (760) 607-1325 for a free consultation.

A terrible story out of Ramona this evening, where a motorcycle rider lost his life after being hit by the negligent driver of a rental car. According to reports, the driver was unlicensed.

The unlicensed driver was driving a 2007 Dodge Caliber westbound on Hanson Lane when she stopped, then attempted to make a U-turn. She didn't see 46-year-old Mark Taylor, who was riding his Honda motorcycle. The front of the rental car clipped Taylor's bike, sending him into the road. He suffered major injuries and died at the scene of the crash.

Many questions remain about this accident, and CHP is continuing its investigation. The big question is how does an unlicensed driver end up behind the wheel of a rental car. Presumably rentals can only be made to licensed drivers. Second, why is the woman unlicensed? Did she have a license that was taken away for reasons related to her ability to drive? According the news article, criminal charges may be made against the woman.

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Source: SignOnSanDiego.com

The accident and injury lawyers at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, property injuries, and other negligence related injuries. Call (760) 607-1325 for a free consultation.

The San Diego County's Health and Human Services agency issued a report last week announcing that accidents are the leading cause of death of San Diegans under the age of 15. Approximately 25 children die each year in accidents in San Diego County, mostly by drowning, falls, or in motor vehicle accidents.

Mary Beth Moran, of Safe Kids San Diego, said child-restraint laws and helmet laws have helped reduce the number of injuries and deaths involving kids, but that drowning deaths remain a particular problem.

“We've had 30 near-drownings in the month of July, the highest peak in the past 10 years that we've seen,” Moran said.

The report is a collection of data from local hospitals, and from the medical examiner's office. Other findings include:

• Suffocation and choking is the leading cause of death for infants;

• Drowning is the No. 1 cause of death of children ages 1 thru 4;

• Motor vehicle accidents, namely car accidents, are the leading cause of death for children ages 5 to 14.

Moran reiterated that parents should make sure children learn to swim at the earliest possible age, and that kids are properly restrained in moving vehicles.

Source: San Diego Union Tribune

The injury and accident lawyers at Walton Law Firm LLP represents individuals and families throughout San Diego County who have been injured in motor vehicle accidents, construction accidents, dog bites, and other personal injury matters.

A 37-year-old woman and her 13-year-old daughter suffered serious, but not life-threatening injuries when they were struck crossing a street in Talmage. The two were attempting to cross El Cajon Blvd. near Highland Avenue when they were struck by a vehicle traveling westbound on Highland. The minor was taken to Rady Children's Hospital and reported to have a broken femur, while her mother was taken to a different hospital.

Anyone who witnessed the accident, or has relevant information, is encouraged to contact San Diego Police.

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The pedestrian accident lawyers at Walton Law Firm LLP represent individuals and families who have been injured in accidents caused by negligence, including car accidents, motorcycle accidents, construction accidents, slip-and-falls, and malpractice matters. Call (866) 607-1325 for a free consultation.

A Caltrans worker and a probationer picking up trash on the side of the freeway were seriously injured today when a northbound car veered on the shoulder and struck the two. The accident occurred along the I-15 in City Heights.

According to reports, a 1992 Infiniti J30, traveling northbound, swerved to the right, and collided with the slow moving Caltrans van, then hit the man and the woman standing in front of it. Paramedics transported the two to Scripps Mercy Hospital for treatment of what were described as major injuries.

The driver of the Infiniti was also taken to the hospital for treatment of minor injuries. She told investigators that she was looking for coins in her center console when the accident occurred.

Source: 10news.com

The car accident lawyers at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents. Call (866) 607-1325 for a free consultation.

In 2005, several people were injured and killed when a documented gang member stole a tow truck from a commercial vehicle repair shop in Los Angeles County, and, while driving it away, lost control and drove up onto a sidewalk. The injured parties brought a lawsuit against the repair shop alleging that it was negligent for leaving the keys in the tow truck ignition, in an area known for high gang and vehicle theft activity. Apparently the thief simply had to start the vehicle and drive out an open gate.

The defendant repair shop brought a motion for summary judgment, to dismiss the case in its entirety, arguing that it owed no duty to the injured people, and that if it did, any negligence committed was not the cause of the injuries: a criminal intervener was. The court agreed and dismissed the case.

On appeal, the Second District noted that absent special circumstances, California courts have consistently have refused to impose a duty on owners or bailees of automobiles or ordinary pickup trucks who leave the key in the ignition of an unattended vehicle to prevent harm to third parties caused by a thief. The court went on to note several cases where "special circumstances" were found, highlighting cases were heavy equipment machinery was stolen and caused injury.

Ultimately, the appellate court reversed the trial court holding that:

[T]he tow truck was accessible to thieves in that it was parked in an area plagued by vehicle thefts, with the key in the ignition, in a position that permitted Bermudez to leave the facility through the unlocked and open gate. The totality of the circumstances “justifies the conclusion that the foreseeable risk of harm imposed is unreasonable, and that the defendant owner or one in charge of [the] vehicle has a duty to third persons in the class of the plaintiffs to refrain from subjecting them to such risk.

Read the entire case here (.pdf)

The injury and accident law firm of Walton Law Firm LLP represents individuals and families throughout San Diego County who have been impacted by negligence related car accidents, defective products, food poisoning, spinal and brain injuries, construction accidents, dog bites, and other personal injury cases.

A five-car accident in Carlsbad triggered by a suspected drunk driver left several people injured. The accident occurred last Thursday, when driver Juan Galvan was speeding on southbound El Camino Real and ran a red light at Tamarack Ave. Galvan broadsided one car, the collided with three others.

Galvan had to be removed from the car by fire fighters, and was suspected as suffering from a broken leg. Five other people involved had minor injuries.

Several more photos of the accident can be found by clicking here.

Source: North County Times

The car accident and injury lawyers at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents. Call (866) 607-1325 for a free consultation.

The medical spa (or medi-spa) industry is booming, but the growth hasn't been all good. With more customers seeking beauty treatments through medical treatments (such as laser hair and scar removal) more and more of these "patients" are suing for medical malpractice.

Lawyers who represent medical malpractice plaintiffs believe there is going to be a huge increase in malpractice cases arising from medi-spa care. One reason is the sheer number of these spas. In 2004 there were only 471 in the U.S., now there are almost two thousand. Another is that these medical facilities are lightly regulated.

For example, in Arizona, a woman recently sued Timeless Laser & Skin in Maricopa County alleging she was "severely burned and scarred" during laser hair removal procedure. And in another Arizona case, a man sued Neos Medspa over scarring, "extreme pain" and burning from a laser hair removal procedure done on his shoulders and back.

The plaintiff's bar is starting to see more and more of these cases.

"I believe we're seeing the beginning of this industry being targeted," san Jill Goldsmith, a Phoenix lawyer. "Both mom-and-pops and chain companies have sprung up around the country in the past few years, creating a new billion-dollar industry and litigation hot spot."

As expected, the spa industry has a different view. Lynne McNees, the president of an international spa trade organization says that medi-spas adhere to established policies and procedures. Patients should bear some of the responsibility. "It is important to be an advocate for yourself and do your homework before visiting any spa," she said.

Source: Law.com / The National Law Journal

The medical malpractice lawyers at Walton Law Firm LLP represent individuals who have been victimized by medical negligence and other negligence related accidents. Cases are taken on a contingency fee, and all consultations are free and confidential.