San Diego Injury Law Blog

Our San Diego car accident lawyer understands the many risks facing drivers on area roadways. Not only do travelers face potential run-ins with negligent drivers, by their own vehicle may be harboring hidden dangers. For example, General Motors (GM) issued a recall this week for certain vehicles due to a failure to conform to safety requirements. The affected vehicles are some 2012 model year Chevrolet Equinoxes and some GMC Terrain Vehicles. The recalled vehicles were manufactured between July 18, 2011 through September 6, 2011. The reason for the recall is that on these particular vehicles, the tire pressure warning light does not activate until more than 25% of tire pressure has been lost. Normally, the light should activate as soon as the 25% loss threshold has been met.

Low tire pressure is a very serious issue that drivers cannot afford to ignore. Low tire pressure can cause blowouts, which can be extremely dangerous, especially at high speeds. A tire blowout can cause a total loss of control of the vehicle. In some cases where tire blowouts occurred at high speed on a highway, the vehicle has spun out of control and crossed into other traffic lanes. The effects of an impact like this are often fatal, and if not fatal, they almost always result in severe injuries to the victims involved. Automobile manufacturers have worked to install the latest in safety design and features, but they cannot combat the devastation that occurs when two or more vehicles collide at 65 miles per hour.
If you believe your vehicle could be one of those affected, you should take it to your local GM dealer immediately. Your dealer will be able to determine whether or not it is one of the vehicles subject to recall, and if necessary, the tire pressure warning light will be repaired for free.

The San Diego injury lawyer our firm knows that when manufacturing defects like this one occur, the hope is that all of the affected vehicles can be recalled quickly and repaired before any accidents occur. However, sometimes these kinds of defects do result in injuries or even deaths before they can be discovered and remedied. When injuries or death do occur as a result of a manufacturing defect, the victims may be entitled to compensation through a San Diego products liability lawsuit. Under California law, the manufacturer of a defective product that causes injury or death to a person because of its defect can be held liable for the victim's medical bills and other financial losses, as well as any pain and suffering and emotional damage.

If you have experienced a car accident injury and think that a defect in your own vehicle or any other vehicles that were involved in the crash may have been the cause of the accident, you should speak to a legal professional as soon as possible after your crash. California allows only a limited time following a motor vehicle injury or death during which a claim may be filed. Additionally, sometimes vehicles involved in crashes are destroyed. It is important to ensure that all of the vehicles from the crash are preserved until a determination as to the existence of a defect can be properly made. Our San Diego car accident attorney can help make sure that the evidence for your case is preserved and assist you in getting the compensation you deserve for your injuries. If you have been injured in a car crash, please call our office today to schedule your free initial consultation.

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What was supposed to be a fun and relaxing day on the water for two families turned into a horrifying nightmare this week when a jet ski watercraft collided with a motorboat on Puddingstone Reservoir in San Dimas, CA. According to an article from NBC San Diego, three women were riding on the jet ski when the collision occurred. 34-year-old Maricon Abello, her mother Aurora Yeso, and her cousin Anesia Bautista were all killed instantly upon impact. Four people from the other boat involved in the crash were injured in the collision, as well; but the severity of those injuries was not immediately reported.

The cause of the San Diego boat crash is still under investigation, but the severity of the crash makes it appear that speed may have been a factor. The scene on the water in the immediate aftermath was chaotic, with debris from the two boats strewn all over the place. There has been some speculation, based on witness statements, that the two boats may have collided as a result of one or both of them losing control while trying to navigate a turn; but that is, at this time, just a theory. There were no applicable boat speed limits in that area, but watercraft operators at Puddingstone Reservoir are required to maintain a minimum distance of 25 feet from other boats. Hopefully, with time, investigators will be able to put the story of what really happened together and figure out how to prevent similar accidents from occurring in the future.

Because of San Diego's temperate climate and its proximity to the ocean and to other bodies of water like Puddingstone Reservoir, San Diego boating accidents are all too real a concern for those who live in this area or who vacation here. When something like this happens, there are no easy answers, especially when the cause of the incident is unclear. As the families of the victims try to pick up the pieces after this tragedy, they will rely on investigators to determine what happened and what ultimately caused this crash. Knowing why it happened can help bring closure to the families, and it can also help determine whether this was a nightmare that could have been avoided.

Continue reading "San Dimas Boating Accident Claims Three Lives, Leaves Four Others Injured" »

In spite of ever-stricter laws, tough media scrutiny, and scores of groups dedicated to its eradication, the problem of drunk driving remains a huge public safety concern in California and across the nation. According to experts on the topic, drunk drivers kill an average of 12,000 people every year in the United States. That's about 33 people a day. Our San Diego car accident lawyer knows that those figures do not even account for the many more people who are seriously injured in these accidents each and every day.

One such incident occurred this week right here in San Diego. Local television station News 10 reported that two young women were struck by an apparently drunk man around 2:30 a.m. on Friday as they were attempting to cross 63rd Street near San Diego State University. The two women were dragged about 30 feet by the vehicle before they were freed. The driver, upon realizing that he had hit them, pulled over and stopped his car. A witness to the incident approached the vehicle with the intention of ensuring that the driver did not try to run away and observed that the driver appeared to be intoxicated. Police were summoned to the scene, where they conducted a sobriety test and then arrested the driver.

There is never an excuse for driving while intoxicated. Anyone who drives drunk puts the lives of everyone else on the road, including pedestrians, at risk. Here in San Diego, in addition to public transportation options, there are even two companies – BeMyDD and Safe Ride Solutions – who provide driving services in which someone will actually come and drive the vehicle home so that the owner does not have to retrieve it the following day. These companies operate specifically to assist people who have had too much to drink and should not be driving.

Unfortunately, in spite of all the available resources, far too many drivers get behind the wheel when they should not, either because they think that they have not had too much to drink or because they simply do not think that anything will happen to them. Sadly, something often does happen, and many times, it involves an innocent victim who just happened to be in the wrong place at the wrong time, just like the young victims in this latest San Diego pedestrian accident.

If you have been injured by a drunk driver, you may be entitled to compensation for the harm you suffered. Our San Diego car accident lawyer would like to help you determine what your rights are and whether you are entitled to receive damages from losses you sustained. If you are in an accident and suspect the other driver may have been drinking, you should always ask the police to conduct a sobriety test. Being able to prove that the other driver was intoxicated is very helpful to your case. If you have already been in an accident, please call our office today to set up a free, no-obligation consultation with our San Diego accident attorney. He will discuss your case with you and assist you in deciding where to go from here. As with any kind of injury, injuries caused by a drunk driver should always be treated fully in accordance with recommendations by your doctor. Protect your health, and let us help you protect your rights.

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A tragic San Diego bike accident took the life of a 30-year-old San Diego resident named Justin Newman this week, according to CBS News 8. Like so many other commuters do every day, Newman was riding his bike past several parked cars on a busy city street when a driver of one of the parked cars swung his door open directly into Newman's path. Newman ran into the car door with his bicycle, lost control, and fell. When he hit the ground, he struck his head on the pavement, which caused trauma to his brain and ultimately resulted in his death. At the time of the incident, Newman was not wearing a bicycle helmet.

The devastating death of this young man raises many questions for his family. How could this have been prevented? Who is responsible? Losing a loved one is never easy, but it is even harder when it just did not have to happen.

Our San Diego wrongful death attorney knows that in situations like this one, there are no easy answers for the grieving family. The law does not typically punish people as criminals for their acts of negligence, but those who are left behind often feel a natural desire to seek justice and to make the responsible party provide redress.

California law recognizes a legal concept known as negligence per se. Negligence per se basically allows for a presumption that negligence has occurred when the following conditions are met: (1) The defendant violated a statute; (2) the defendant's violation of the statute caused injury or death to the plaintiff; (3) the statute was intended to prevent the kind of harm that actually occurred; and (4) the statute was intended to protect a certain class of people, and the plaintiff (or the person who was injured or killed) belongs to that class of people.

California does have a statute that prohibits motorists from opening “the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic.” (Amended Ch. 162, Stats. 1963) The question that then arises is whether the statute was designed to protect the class of people, namely bikers, to which Newman belonged. Most reasonably observers would conclude that bikes make up such a big part of San Diego transportation that many would consider them “traffic,” but, on the other hand, an argument can be made that “traffic” should refer only to motorized vehicles. A San Diego injury attorney can help determine which interpretation is the one most likely to be accepted by the courts.

Even if this statute were to be found inapplicable to this situation, the motorist who opened his car door into Newman's path still acted negligently, and his negligence was at least a significant cause of Newman's death. The legal issues surrounding this and similar cases demonstrate the importance of speaking to a San Diego bike crash attorney before making any settlements or agreements with insurance companies. Remember that it is not in the best interests of the insurance companies to explain these issues to you. It is always best to speak to a lawyer who can explain your rights and make sure that they are fully protected.

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