San Diego Injury Law Blog

A volunteer for the Los Angeles Triathlon received a settlement of $7 million from the City of Los Angeles after being rendered a paraplegic in an accident related to the race.

Steve Albala was riding on his motorcycle and helping officiate the bicycle leg of the triathlon when he was struck by a car at an intersection. According to reports, the intersection was being controlled by a traffic officer, who motioned for the vehicle to proceed, despite Albala's presence on the motorcycle. The force of the impact threw Albala nearly 20 feet, causing a fractured spine and spinal cord damage, and requiring several surgeries and nearly two years in the hospital.

Interestingly, a police report at the time concluded that Albana was speeding, but in the lawsuit those conclusions were successfully challenged. The city also paid $250,000 to Albana's passenger, who was also injured, and $500,000 to the driver of the car involved.

Albala was represented in the case by Beverly Hills lawyer Douglas S. Aberle of Levitt, Leichenger & Aberle.

Source: Los Angeles Times

The accident and injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

The number of local Marines killed while riding motorcycles decreased for the first time in three years. The decrease is the result of new safety classes made available to Marines at Camp Pendleton and Miramar Air Force Base. In particular, the Marines are targeting those who ride sport bikes which are lightweight, powerful and popular with younger riders. The course teaches practical skills and mental training according to Richard Stampp, who works with Camp Fox Professional Services which designed and delivers the new course. The Marines have made the new course more accessible, and riders don't have to wait to get into the course. At both Miramar and Camp Pendleton, riders can enroll very soon after signing up for it. As another means to promote safety, the Marines are encouraging more experienced riders to act as mentors for those with less experience. The mentors hold monthly rides and demonstrate safe riding techniques. Marine leaders are committed to training riders and helping them avoid injury and death.

Source: North County Times.

Walton Law Firm, a North San Diego County law firm, represents accident victims throughout San Diego, Orange and Riverside Counties and has recovered millions of dollars for individuals injured by car accidents, pedestrian accidents, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, insurance disputes, and medical malpractice suits. Call (760) 571-5500 for a free consultation.

Joaquin de Lara, a 51-year-old motorcyclist, was traveling westbound around the 7900 block of Airway Road in Otay Mesa when an eastbound driver of an SUV turned left directly in to de Lara's path. Witnesses say that de Lara collided with the SUV at a high rate of speed, and died at the scene due to the impact.

According to reports, the driver of the SUV purported told investigators that the sun was in his eyes at the time of the accident, and did not see de Lara's motorcycle. De Lara worked in the area and resided in Tijuana with his wife.

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Source: 10 News

The San Diego accident and injury lawyers at the Walton Law Firm represent individuals and families who have been injured in all types of auto accidents, motorcycle accident, and all other accidents caused by carelessness. Call (866) 607-1325 for a free consultation.

The National Traffic Safety Administration is out with a study on traffic safety, and reporting that fatalities caused by traffic accidents were down 7% this year from the same period last year, and down 18% since 2005. It is unclear what's behind the drop, but several possibilities were suggested. People may be spending less time behind the wheel because of the economic recession. More probably is the increased use in seat belts. The report states that 84% of drivers are now consistently using seat belts, a record.

Car safety is also given attribution to the declining death rates. As older vehicles are replaced with new cars that have air bags, modern braking systems, and stability-control, the car accident death rates were expected to improve. While the number of car accident death is still very large - 16,626 already this year - the trend is encouraging.

We still have far too many families losing their loved ones every day in this country from distracted driving, drunk driving and not using their seat belt,” Transportation Secretary Ray LaHood said in a statement.

Though fatalities rates are declining among automobile users, the opposite trend is occurring with motorcycle riders. The number of fatalities in motorcycle accidents rose steadily through the end of 2008, reaching 5,290, more than doubling the number of motorcycle accident-related deaths a decade ago.

The complete NTSA report can be found here (.pdf).

Source: San Diego Union Tribune

The Walton Law Firm represent accident victims throughout San Diego County and has recovered millions of dollars for individuals involved car accidents, motorcycle accidents, pedestrian injuries, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, insurance disputes, and medical malpractice suits. 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.

A 65-year-old Poway motorcycle rider died Sunday when he struck a vehicle that had stalled on Interstate 15 in Escondido. According to reports, the man was riding northbound on a Honda CBR, near Via Rancho Parkway, when he struck the rear end of a Volkswagen Jetta. It is not clear in what part of the free way the Jetta was stalled.

The man was wearing a helmet at the time, and was taken to Palomar Medical Center where he died.

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Source: North County Times

The North County accident and injury law firm of Walton Law Firm LLP represent individuals injured or killed in all types of accidents, including car accidents, motorcycle accidents, construction accidents, slip and falls, dog bites, and malpractice matters. Call (760) 607-1325 for a free consultation, or fill out an online contact form.

When it became clear that young Marines were dying at an alarming rate in motorcycle accidents, Marine Corp leaders created safety courses for riders to build riding skills and safety awareness. According to reports, those courses have apparently not worked as there have already been seven Marines killed in motorcycle accidents this year, the same amount as this time last year.

Despite the number of fatalities, officials hope that the new safety program will start to show its effectiveness by the end of summer. Those who have participated in the safety course, Marine leaders say, have already become safer riders.

The Marine Corp has regular safety courses, including "track days" that allow riders to ride on a designated course at top speeds in a controlled environment. They also invite professional riders, and motorcycle schools to the base to discuss rider safety.

The motorcycle accident lawyers at Walton Law Firm LLP represent riders and passengers who have been injured in motorcycle accidents.

A San Marcos woman riding her scooter died after being cut off by negligent driver. The 59-year-old woman was traveling east on South Santa Fe Avenue early Saturday afternoon when she was struck by a small car as she traveled through Mar Vista Drive. According to reports, the car was attempting to turn left into a convenience store when it struck the woman.

The San Diego Sheriff's Department is investigating the accident, and no arrests have been made.

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The injury attorneys at Walton Law Firm LLP represent individuals injured in auto accidents, motorcycle accidents, construction accidents, and all other accident cases. Call (760) 607-1325 or fill out an online form for a free and confidential consultation.

RAMONA, CA - A 25-year-old mother was killed yesterday on Route 67 after her car was struck by out of control racers. Alexandria Drake of Chula Vista was driving her Volvo near Quail Rock Road when she was struck by a speeding Jaguar that had veered into oncoming traffic.

According to witnesses, the Jaguar was a racing a white Mercedes Benz when it lost control. Several other cars and a motorcycle crashed when trying to avoid the Jaguar, which also crashed. In addition to the fatality, three other people suffered injuries, including the driver of the Jaguar. Ms. Drake's three-month old child was strapped in the backseat and was not hurt.

Police are trying to identify the driver of the white Mercedes, who did not stop. Anyone with information is encouraged to call the CHP at (619) 401-2000.

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The San Diego accident attorneys at Walton Law Firm LLP represent victims of auto accidents, motorcycle accident, construction accidents, and all other injury cases, including cases involving wrongful death. Call (760) 607-1325 or fill out an online form for a free and confidential consultation.

A dramatic car accident on southbound SR 163 claimed the life of a motorcyclist. According to witnesses, an unidentified pickup truck abruptly changed lanes, cutting off a Ford Ranger pickup, causing it to lose control and veer across lanes and into another car. The Ranger then careened into a motorcyclist, throwing the rider over the center divider and into northbound traffic where he was struck by a car and killed.

The accident occurred at around 4:45 p.m. near the Kearney Villa Road exit. The pickup that started the chain of events did not stop.

The rider of the motorcycle was identified as Michael Anthony Freitas of Riverside.

The San Diego motorcycle accident attorneys at Walton Law Firm LLP represent individuals and families who have been involved in auto and motorcycle accidents. Attorney Scott Barber has been a street and dirt motorcycle rider for more than 20 years. Call for a free and confidential consultation.

SOUTHERN CALIFORNIA - The City of Murrieta recently joined a growing number of cities by making automobile accident reports available online. Ten days after a car crash responded to by the Murrieta Police Department, any individual involved in the accident, and with a valid report number, can download the police report online for a $15 fee.

The Murrieta department is one of many cities using policereports.us. Other Southern California cities that currently used the online service are Anaheim, Buena Park, Fullerton, Indio, National City and Tustin.

Facts: An Escondido motorcyclist suffered serious injuries during the evening of January 13th, when the Suzuki motorcycle he was riding struck the front hood of a Toyota Camry. According to reports, the Camry backed out of a driveway on West 15th Ave. in Escondido and into the path of the rider, causing him serious injuries, including a broken neck and leg injuries. The accident is still under investigation, and anyone with information is asked to call Officer Scott Christenson at 760-839-4962.

Liability Analysis: On its face, this case seems fairly straightforward. The driver of the Camry has a duty to make sure the roadway is clear before exiting the driveway. If he failed to do so, as it appears, he would be liable to the injured rider for the full extent of his damages. If, on the other hand, the motorcyclist was traveling at a high rate of speed, or did not have its lights on, it is possible that liability could fall to the rider, or that it could be shared. A reconstruction of the accident would have to be performed to determine liability.

The Escondido car accident lawyers at Walton Law Firm LLP represents individuals and families who have been impacted by car accidents, defective products, spinal and brain injuries, construction accidents, dog bites, and other cases involving negligence.

Auto accidents in San Diego County claimed the lives of three people over the Thanksgiving holiday weekend, two fewer than killed during the same weekend last year. In Balboa Park, two people did in a solo-car crash, and 51-year-old Ilija Petrovich of Carlsbad was killed in a motorcycle accident in Pauma Valley.

California CHP also reported 119 DUI arrests over the weekend.

San Diego personal injury lawyers Randy Walton and Scott Barber represent individuals who have been impacted by car accidents, defective products, spinal and brain injuries, construction accidents, malpractice, dog bites, and other cases involving negligence, including cases of wrongful death.

Fatal motorcycle accidents and new riders just seem to go together far too often. I don't know about you, but as a long-time rider I always notice reports of motorcycle accidents in the paper when I read it each morning. (That and my mom still clips them out and sends them to me hoping I'll stop riding. 23 years later you'd think she'd learn.)

I've noticed a disturbing trend the last few days: new riders dying in accidents involving high-speed and super bikes.

This morning's paper contained a perfect example of what I'm talking about. A 24 year-old motorcyclist died yesterday on Sabre Springs Pkwy. He was traveling at high-speeds, estimated to be in excess of 100 mph, when he lost control, rode up the center median and hit a tree. According to the police, "[t]he impact disintegrates the motorcycle and the motorcyclist was thrown onto the pavement. He was pronounced dead at the scene."

According to the police he had received his motorcycle learner's permit 5 days prior to the accident. What was he riding? A 2007 Suzuki GSX-R1000.

Folks, if you're just learning to ride, please learn on something with less power than a super bike. Get an SV650, a Ninja 250, a Harley Sportster, etc. Something that's manageable while you learn to control the throttle and how to ride a motorcycle. And take the MSF course.

Please.

Motorcycle accidents involving Marines have been on the rise and the Marine Corps wants to do something about it. This Thursday, Camp Pendleton officials will hold "Motorcycle Fest," an event that will have mandatory safety presentations, a stunt rider, and a poker run game. Breakfast and a barbeque lunch will be served.

Since October 1, 2007, 24 Marines have been killed in motorcycle accidents, up from the prior year, which recorded a record 19 deaths. The order for the safety event came from Gen. James Amos, who stated in his order to the base, “We can and will improve our ability to prevent future unnecessary losses of sailors and Marines." Gen. Amos also stated that the Marine Corps is working to make more motorcycle safety courses available.

The personal injury law firm of Walton Law Firm LLP represents clients throughout San Diego County. Contingency fee arrangements available and consultations are always free.

Hit-and-run auto accidents have declined in nearly all of San Diego’s North County cities over the last three years. Oceanside had the most dramatic decrease. In 2007 the city recorded 695 hit-and-run accidents, 157 fewer than were recorded in 2005. Escondido, Vista, and Encinitas also reported decreases. Only Carlsbad and San Marcos saw an increase over the same three-year period.

Based in Carlsbad, the law firm of Walton Law Firm LLP represents individuals throughout San Diego County in all types of personal injury, wrongful death, and nursing home abuse and neglect cases.

Every so often, we get asked: “I was involved in a motorcycle accident while riding my motorcycle for work and got injured. Worker’s Compensation is taking care of my medical bills. Do I need an attorney?” The answer is “If you were injured as a result of someone else’s negligence, you probably do.” Motorcycle accidents tend to result in more serious injuries than a similar car accident would. These more serious injuries result in higher medical bills, more lost wages and higher levels of pain and suffering.

Generally speaking, Worker’s Comp will only cover your medical bills. You may also be able to collect some disability but there will likely be a shortfall compared to your usual earnings. This is where an attorney comes in.

We can recover for your medical bills (subject to reimbursement), lost wages, damage to your motorcycle and your pain and suffering by pursuing a claim or lawsuit against the negligent driver that caused the accident.

If you have been in a motorcycle accident in San Diego or Southern California, whether on the job or not, please feel free to call Walton Law Firm LLP and discuss whether you have a case and need an attorney. We will provide honest and practical answers to your questions.

In the past, motorcycle riding was considered the domain of the young. Men in their teens and 20s, under the influence of testosterone, riding motorcycles as much for image as for transportation. That has changed dramatically in recent years. In growing numbers, men over 40 years old are buying - and crashing - motorcycles throughout the United States.

The statistics bear this out. In 1985 the median age of a motorcycle owner was 27 years old. By 2003, it had risen to 41. The reasons for the rise are many, but usually attributed to a disposable income enjoyed by many baby-boomers and an image-conscious society who refuses to get old. Whatever the cause, a reality probably not mentioned at the motorcycle dealership is that someone over 40 does not have the same ability to handle a powerful bike as someone in their 20s.

Only a decade ago, less than 20 percent of motorcyclists killed in the United States were between the ages 40 to 49. In 2007 that number rose to 23 percent, according to the National Highway Traffic Safety Administration. Individuals who die in motorcycle accidents between the ages of 50 to 59 have also increased dramatically in the last decade, rising from 10 percent of all motorcycle fatalities to 18 percent.

Thomas Velky, M.D., a trauma surgeon in Escondido, says that hospitals around the country are seeing and treating a growing number of baby boomers that have been injured in motorcycle accidents. At Palomar Medical Center in San Diego County, nearly half of all those treated for motorcycle accident related injuries in 2006 were over the age of 40.

Not all motorcycle accidents are caused by the rider. Walton Law Firm LLP represents riders who have been injured do to the negligence of others. If you have a question about a motorcycle accident, visit our Auto/Motorcycle Accident page, or call us at (866) 607-1325.