San Diego Injury Law Blog

A diner at Troy's Burgers on York Boulevard was killed when a car crashed into the restaurant. Investigators still don't know why a 19-year-old man drove into the restaurant. The driver apparently passed a roadside sobriety test and has told police that he doesn't remember what happened.

As the dramatic video below shows, the family of Martha Pena is quietly eating at a table near the registers when the car plows into them. Pena was killed, and three other people were injured.

We are seeing more and more accidents like this one, where the negligent driver is not intoxicated, but does something reckless, often with tragic results, but without explanation. Of course, in the news we don't get to see the follow up story, that explains why the accident occurred, but all indicators point to the use of a mobile device, such as texting. It would not be surprising at all to learn that his kid was texting at the time of the accident.

Also, where were the barriers? Now, it's unclear how fast this guy was going at the time he slammed into the restaurant, but most buildings with parking lots that abut them have barriers to prevent this kind of tragedy. I wonder if Troy's Burger had them.

Here is the raw video:

Source: abclocal.go.com

The personal injury and car accident lawyers at the Walton Law Firm represents individuals and families who have been impacted by auto accidents, motorcycle accidents, wrongful death claims, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or locally at (760) 571-5500 for a free and confidential consultation.

It goes without saying that there are serious risks associated with riding a motorcycle that other automobile drivers don't face. The San Diego Union Tribune is out with an article about motorcycle safety after the terrible tragedy last week where four motorcyclists were killed on a group ride out in East County.

Motorcycle experts say that the tragic accident underscores the reality that traveling by motorcycle carries with it significantly more risk than traveling by car, and highlights the importance of maintaining a safe distance among other vehicles in the road in case there is a sudden emergency. While the riders involved in last week's accident were, by all accounts, innocent victims of a reckless driver, it does provide an opportunity to revisit driving laws. Statistically, motorcycling still remains the riskiest way to travel.

The California Vehicle Code requires that drivers of any vehicle, motorcycle or other, to “not follow another vehicle more closely than is reasonable and prudent,” depending on speed, traffic and road conditions. What is reasonable has been defined as maintaining at least a two-second gap from the nearest moving vehicle for cars, and at least three seconds for motorcycles.

Whether traveling alone or in a group, “any time you can, you want to be as spread out as possible,” Robert Gladden, vice president of the Irvine-based Motorcycle Safety Foundation, told the UT.

The East County riders involved in the accident were doing everything right. The rode in a staggered formation, where the front wheel of each motorcycle was near and off to the side of the bike in front of it. That is the smartest way to ride in groups according to experts. Such a formation gives more visibility to the pack, and also provides an additional safety buffer.

In 2008, approximately 70,000 Californians took a 15 hour course in motorcycle riding safety, which is offered at community colleges around the state. Locally, the program is offered at Palomar College in San Marcos. [Click here for more information]

Source: San Diego Union Tribune

The accident and injury lawyers at the Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, motorcycle accidents, wrongful death claims, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or locally at (760) 571-5500 for a free and confidential consultation.

Details of last week’s tragic motorcycle accident in eastern San Diego County that claimed the lives of five members of a motorcycle club are now being reported. Twenty-one members of the Saddletramps Motorcycle Club were on a desert ride to celebrate its 10th anniversary when the horror began. According to witnesses, the group was traveling together, in a pack, on a two-lane desert road when a gold Honda Civic pulled up behind them, then attempted to pass the group. The Honda reached speeds of up to 90 mph.

As the Honda tried to pass, it must have either not seen the Dodge Avenger driving in the oncoming lane, or ignored it, but to avoid a head-on collision, the Dodge swerved to the right, but overcorrected in its attempt to recover, and drove directly into the pack of motorcycles. One witness described it as a bowling ball knocking down pins.

The "carnage was unreal," said Saddletramps president Carl Smith, who himself was narrowly missed by the careening Dodge. The accident, we now know, killed four riders, and critically injured five more (a passenger in the Dodge was also killed). A Blood Drive will be held for the survivors this Saturday, November 20, 2010 from 9:00 a.m. to 3:00 p.m. held by San Diego Harley Davidson in the parking lot at 5600 Kearny Mesa Road in San Diego.

The search is on for the gold Honda Civic. Unfortunately, no one got the license number, but you can be sure there are a lot of people looking. The driver of the Dodge Avenger was arrested after police noticed the smell of alcohol on his breath. Whether or not alcohol played a role in the accident remains to be determined. A manhunt is on for the gold Honda. The California Highway Patrol is looking for a
newer model gold Honda Civic with California license plates and a male driver. It was last seen leaving the scene of the accident heading eastbound on Highway 98 towards Calexico. Anyone with information should call CHP at 760-482-2500.

Source: LA Times

The personal injury lawyers at Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, wrongful death claims, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or locally at (760) 571-5500 for a free and confidential consultation.

A woman who became pinned between two cars in a Clairemont Mesa shopping center parking lot suffered serious internal injuries. The accident occurred at the 3500 block of Ashford Street on November 4th when the 65-year-old driver of a PT Cruiser accelerated when her car was in accidentially in reverse, not drive, and slammed into the 67-year-old victim.

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Source: 10News.com

The Walton Law Firm represents individuals who have been impacted by all types of accidents, including auto accidents, wrongful death claims, defective products, dog bites, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or locally at (760) 571-5500 for a free and confidential consultation.

The high-profile case involving the shooting death of a male dancer by San Diego Harbor Police on a charted boat has been settled. The parents of Steven Hirschfield have agreed to a sum of $2.5 million to settle the wrongful death case they brought against the Port of San Diego.

Steven Hirschfield was hired to be a dancer aboard the 222-foot cruise ship Inspiration which was chartered as part of the Gay Pride weekend in San Diego. While the facts are a bit sketchy, Hirschfield jumped into the waters of San Diego Bay at about 11 pm during the evening of July 19, 2008. Two Harbor Police officers were dispatched to pull him out of the water, when Hirschfield got into an altercation with the officers. According to testimony from the officers, Hirschfield tried to grab one of the officer's guns, at which point the second officer shot Hirschfield.

Hirschfield's parents Alan and Nicole Hirschfield disputed this account, noting that Hirschfield was shot in the back. That was the basis for their civil rights lawsuit against the officers and the Port.

According to news accounts, Hirschfield’s DNA was found on one of the officer's holster, handgun and Taser. Also, toxicology tests found amphetamines, methamphetamine, the sedative doxylamine, and the animal tranquilizer ketamine in Hirschfield’s system. The officers were not criminally prosecuted.

Source: San Diego Union Tribune

The San Diego accident and injury attorneys at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or local at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.