San Diego Injury Law Blog

A few weeks ago, over the Thanksgiving holiday weekend, we brought you a report that showed an increase in an San Diego drunk driving arrests over the same holiday weekend last year. Unfortunately, according to Signs on San Diego, during this past weekend's holiday festivities, we saw a continuation of that trend. Last year, over the weekend of Christmas, police in San Diego County arrested 33 people on suspicion of driving under the influence. Over the same weekend this year, police made 56 arrests for driving while under the influence. Because Christmas fell on a Saturday last year and a Sunday this year, the relevant period of measurement in both years fell between Friday evening and early Monday morning.

This report demonstrates that in spite of an increased focus on drunk driving and a greater emphasis on arresting those who drive while under the influence of drugs or alcohol, there are still far too many drivers getting behind the wheel after having too much to drink. Indeed, drunk driving continues to be one of the biggest contributors to San Diego car accidents, even though the last few decades have seen citizens across the state and across the nation rally to increase awareness, safety regulations, and enforcement.

Like most, our San Diego car accident attorney would like to see the number of drunk drivers on the road decrease in 2012. One of the reasons that drunk driving continues to be so prevalent is that there continues to be a lack of adequate social pressure to counteract the tendency of bar patrons and party-goers to believe that they are “okay to drive” even when they have been drinking. The problem is that, unlike with many other crimes, fellow bar patrons are often unwilling to try to dissuade their friends from driving and even less unwilling to confiscate keys, especially when the driver is not obviously impaired. Additionally, people metabolize alcohol at different rates, and a drink that puts one person over the legal limit may not even put another person close to the legal limit. Therefore, it can be difficult for people to tell if they themselves are impaired, let alone their friends.

As we move into the new year, our San Diego injury attorney would like to encourage everyone to do his or her part to curtail drunk driving in San Diego and throughout the rest of the state. If you are going out with friends, always have a designated driver and make sure he or she sticks to that role all night. If you often go out with the same group of friends, take turns being the designated driver. If you cannot find anyone to drive, spend the few extra dollars to take a taxi home at the end of the night. The money you spend on a cab is negligible next to the amount you will pay in fines, court costs, and attorney fees if you are caught driving drunk or even worse, if you injure or kill someone because you got behind the wheel when you should not have.

See Our Related Blog Posts:

San Diego Drunk Driving Arrests Increase

Study Confirms No Amount of Alcohol Safe for Drivers

Despite ever-increasing attention on drunk driving across the country, the arrest rate for San Diego drunk driving over the Thanksgiving weekend went up this year, with officers bringing in 88 drivers, as opposed to last year's 85. The measured time was from 6 p.m. on Wednesday evening until 6 a.m. Sunday morning, which means over the 4 nights there was an average of 22 arrests each night. Arrests were also up in neighboring Orange County with 69 drunk driving arrests compared to last year's 39. In addition to those arrested, there were almost certainly many more intoxicated drivers who were not caught.

The trend in San Diego and Orange Counties is not isolated. A quick online search for Thanksgiving drunk driving searches reveals that San Diego drunk driving arrests are up in states across the country, from California to Maine and everywhere in between. The time of the year Thanksgiving to New Year's Day is notorious for having the highest rate of drunk driving incidents. Work holidays and long weekends give rise to later nights, more parties, and more alcohol, all of which lead to more people getting behind the wheel when they really should not.

The legal blood alcohol content limit in California is .08 percent. The amount of alcohol that it will take to get a particular person to that level varies depending on the weight and metabolism of the drinker, as well as the alcohol content in the beverage and how fast it is consumed. Some people, especially those who do not drink very often, experience impairment at lower levels. The best practice is simply not to drive if you have been drinking.

The U.S. Centers for Disease Control (CDC) estimated that in 2010, there were 112 million incidents of drunk driving in the United States, many of which were never discovered. The CDC also reports that 1 in every 3 car accident fatalities involves an impaired driver, with well over 10,000 people dying every year in drunk driving accidents. Many others suffer severe, sometimes permanent, injuries.

If you are involved in a car crash, the first thing you should always do is call the police. Even if the damage to your vehicle appears to be minimal and you aren't in any pain, you could still be injured. If there are any witnesses to the accident, ask them to stay until the police arrive so that their statements can be taken while their memories are fresh. If they can't stay, at least get their names and phone numbers so that they can be contacted later. Also, be sure to see a doctor as soon as possible after the accident. Often, an accident causes an adrenaline rush, which can mask symptoms of injuries in the immediate aftermath.

If you have been the victim of a drunk or otherwise impaired driver, you may be entitled to compensation for your injuries. Our San Diego car accident lawyer knows how difficult it can be to deal with injuries and ongoing pain from an accident. He can help you determine your rights and start putting your life back together.

See Our Related Blog Posts:

Study Confirms No Amount of Alcohol Safe for Drivers

Man with Multiple Drunk Driving Arrests Convicted of Manslaughter

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.

See our related blog posts:

Study Confirms No Amount of Alcohol Safe for Drivers

Man with Multiple Drunk Driving Arrests Convicted of Manslaughter

A UCSD study has confirmed what all of us instinctively know - there is no amount of drinks (of the alcoholic kind) that can be considered safe when driving. The study examined data on 1.5 million fatal car accidents and revealed that alcohol was involved in approximately 34 percent of the accidents. The data allowed researchers to measure the number and severity of accidents involving alcohol starting with those found to have a .01 blood alcohol level. What the study found was not surprising: even drivers with a minimal amount of alcohol in their system are involved in more severe accidents than sober drivers. So-called “buzzed drivers tend to drive faster, are more likely to be improperly seat-belted and are more likely to be the striking vehicle in an accident when compared with non-drinking drivers."

“Accidents are 36.6 percent more severe even when alcohol was barely detectable in a driver’s blood,” researchers said. Even with a BAC of 0.01, there are 4.33 serious injuries for every non-serious injury versus 3.17 for sober drivers.

The study can be accessed by clicking here.

Source: San Diego Union Tribune

The San Diego County drunk driving accident lawyers at Walton Law Firm provide free consultations to individuals who have suffered injury or personal loss due to the negligence or recklessness of others, including cases of car accidents, motorcycle accidents, animal bites, defective road design, pedestrian injuries, worksite injuries, and wrongful death claims. Call (760) 571-5500 or (866) 607-1325 for a free and confidential consultation.

Joel Miranda of Santa Ana will spend at least 10 years behind bars for his role in the death of Francisco Aquino, who was walking as a pedestrian when he was fatally struck by Miranda's car. According the news reports, Miranda was driving a truck during the early evening of February 1, 2009 when he was struck by a Mercedes Benz that pushed him into the pedestrian Aquino. Aquino later died at an Orange County hospital.

After the accident, Miranda fled the scene. He was later arrested at his apartment, where authorities found that his blood alcohol level was .23 over an hour after the accident. He was arrested and charged with vehicular manslaughter. But remarkably, this wasn't the first time Miranda had been busted for driving under the influence. It wasn't even his second or third time. This man had prior convictions for drunk driving in 1995, 1997, and 2004, and never served more than a week in jail.

His defense attorney argued that the accident, and the death of Aquino, wasn't the fault of Miranda, but by the driver of the Mercedes Benz, who started the fatal chain of events. The jury of eight women and four men didn't buy it, and convicted Miranda after about seven hours of deliberation.

Source: OC Register

The Southern California 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.

Nationwide, fatal car accidents involving drunk drivers have been on the decline. But yesterday, a study was released listing the 20 cities in the United States where drunk driving is most prevalent, and San Diego tops the list. Not far behind San Diego was Los Angeles, which ranked seventh.

Despite the trend downward, driving under the influence continues to be a serious problem. In 2008 (the most recent statistics), nearly 12, 000 people were killed in the United States because of drunk drivers. At Walton Law Firm, we have represented numerous victims of drunk driving accidents. The effort by various states to curb drinking and driving, though, has paid off. In 2007, over 20,000 people were killed in drunk driving accidents, nearly twice the number of the following year. Of all the states, Vermont has the lowest fatality rate, and Montana the highest.

Based on an Insurance.com survey of traffic violations involving drunk drivers, here are the rankings for the top 20 large metropolitan areas:

1. San Diego, CA
2. San Jose, CA
3. Charlotte, NC
4. Phoenix, AZ
5. Columbus, OH
6. Indianapolis, IN
7. Los Angeles, CA
8. San Francisco, CA
9. Austin, TX
10. Jacksonville, FL
11. San Antonio, TX
12. Dallas, TX
13. Houston, TX
14. Fort Worth, TX
15. Memphis, TN
16. Philadelphia, PA
17. New York, NY
18. Baltimore, MD
19. Chicago, IL
20. Detroit, MI

Source: SayEducate.com

The 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.

Instead of planning a baby shower, the family and friends of Elaina Luquis-Ortiz are planning a funeral. The 21-year-old Lemon Grove woman was killed during the early morning hours of News Year Day when she pulled over on the shoulder of I-805 to help a friend change a flat tire, and a drunk driver named Joseph Anthony Venegas lost control and swerved and crashed into Ortiz's car at a high rate of speed.

Ortiz's husband, Frank Ortiz, a marine, was devastated. He told the Union Tribune, "I lost two in a tragic accident - my wife and son." The unborn son was going to be named Romeo Francisco.

According to reports, Ortiz and two friends were waiting in her car, just behind the vehicle with the flat tire when the accident occurred. Tragically, her husband had gone out looking for her when he drove upon the scene, which he described as looking "like a movie." He was informed at the scene that his wife had died. The two other women were taken to area hospitals with major injuries.

Ortiz was originally from Los Angeles, and moved to San Diego eight years ago. A memorial service has been set for 5:00 p.m. on Wednesday at Paradise Valley Seventh-day Adventist Church, 2701 E. 8th Street, in National City.

Here is a Channel 8 video about the accident:

Source: San Diego Union Tribune and KFMB Channel 8

UPDATE (1/7/10): This sad story of the death of Elaina Luquis-Ortiz continues to generate a lot of media attention. Today's Union Tribune has a long story abut the arraignment of the drunk driver, Joseph Venegas, and his failure to attend. Apparently Venegas is being held in "medical isolation" in County Jail, presumably because of injuries he received in the New Year's Eve crash.

Venegas absence upset the victim's family, who was eager to see and confront the man who took Elaina's life, and that of her unborn child.

To read the entire story, click here.

The accident and injury lawyers at Walton Law Firm represent individuals and families who have been impacted by accidents of all kinds, including auto accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accident. Call (760) 571-5500 for a free consultation.

Two San Diego County women in their 30s died this weekend in separate incidents when drunk drivers veered off the road and struck them as they walked on the side of the road.

North of El Cajon, Cydil Kohlmeyer was walking near the 1200 block of Pepper Drive when a pickup truck being driven by 51-year-old Deborah Felix lost control and struck Kohlmeyer. After striking Kohlmeyer, the truck struck a parked car, a nearby fence, and then traveled over a front year and into a home. Neighbors ran outside and detained Felix, who tried to run from the scene. She was later arrested on suspicion of felony drunken driving.

The other incident occurred in Poway, where Kristen Bedard, age 36, was walking northbound on Community Road when a vehicle travelling southbound veered onto the sidewalk and striking her. The driver of the vehicle, who was not identified, is suspected of driving under the influence. An investigation is ongoing.

Sources: North County Times and 10News.com

The accident and injury lawyers at Encinitas Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accident. Call (866) 607-1325 for a free consultation. Vista Car Accident

A local high school student was killed, and another injured, after a serious car accident in Rancho Santa Fe early Sunday morning.

According to reports, five high school students from Torrey Pines High School piled into a Mazda 3 after a party and headed north on La Granada near the Rancho Santa Fe Golf Club. The car was speeding, and the driver failed to negotiate a curve, careening off the road and through a wooden fence before rolling over.

One boy in the car was ejected, and suffered major head and died at the scene. Another boy, Jamie Arnold, suffered serious injuries and was transported to Scripps Memorial Hospital. Arnold was also not belted at the time of the accident. Two other passengers and the driver were not injured.

The driver, a classmate of the boys, was arrested at the scene on suspicion of drunk driving and taken to Juvenile Hall.

Source: North County Times

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 automobile accidents. Call (760) 607-1325 for a free consultation.

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.

It was a relatively quiet Fourth of July weekend on San Diego County roadways. Countywide there were 88 arrests for suspicion of driving under the influence, which represents 66 fewer arrests than last year. While that is great news, the story wasn't the same on North County roads, where 21 people were arrested, an increase of three from the previous year.

The San Diego Sheriff's Department reported four arrests in Encinitas, San Marcos and Vista each, and the arrest of an intoxicated bicyclist in Solana Beach. Carlsbad only reported on DUI arrest.

Only one serious accident was reported in North County. In Oceanside, a 30-year-old man suffered life-threatening injuries when he was ejected from his vehicle after crashing near the intersection of Lake Boulevard and Evening Canyon.

The North County accident and injury lawyers at Walton Law Firm LLP represent individuals who have been injured in all types of accidents, including car accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, and construction accident. Call (760) 607-1325 for a free consultation.

Driving under the influence of alcohol is typically a man's domain. But a recent study has revealed that over the last decade, injurious or fatal drunk driving accidents involving female drivers has risen sharply in California, and dramatically in San Diego County, where serious injury-causing accidents among females between ages 21 and 24 has increased 124%.

"I was pretty surprised at the magnitude of the increase," said Stephen Bloch, a researcher with the auto club, whose study is based on 10 years of CHP data. He stressed that men still represent the large majority of alcohol-related crashes.

Click here to read the entire article.

The lawyers at Walton Law Firm LLP represent individuals and families who have injured in accidents, including car accidents, motorcycle accidents, bicycle accidents, construction accident, and all other personal injury matters. Consultations are free and confidential.