San Diego Injury Law Blog

A Del Mar man was struck and killed Friday while trying to cross Centre City Parkway with a group of people. Escondido police said that 29-year-old Wesley Askins III died when he was struck at about 10:25 p.m. near the cross-street of Brotherton Road. Askins was thrown several yards by the collision, and was pronounced dead at the scene.

The southbound driver who struck pulled over at the scene and cooperated with police officers. Police are reporting that the driver did not appear to be under the influence of any drugs or alcohol.

Anyone with information about the accident is encouraged to call Officer Mike Nelson at (760) 839-4407.

Source: SDNN.com

The San Diego County 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.

It appears a lawsuit will be filed against Tiffany St. Ives, a woman currently facing criminal charges of striking 17-year-old Marlene Resendiz as she tried to cross Escondido Street in Escondido, then driving away and attempting to cover up the crime. (Here's a link to some original coverage.) As you may recall, St. Ives hit Resendiz (who was about to be married), then went to great lengths to cover up the accident, including cleaning her car with bleach, repainting, and trying to sell it in Mexico. Luckily, a friend with a conscience turned her in.

Resendiz's cousin told 10News, "It's disgusting, cruel and horrible. She took much from our family that she needs to be held accountable for her actions." Now the family is rightfully filing a wrongful death lawsuit against St. Ives, who operated a sanctuary for farm animals at the time of her arrest, and who was allegedly "on the job" at the time of the accident.

The family's attorney Dan Gilleon told 10News, "It was such a heartless act on so many levels. The message that needs to be sent is if you commit a crime like this and go to great lengths to cover it up, you should spend the rest of your life paying back the family you’ve harmed so much."

Just how much? The suit is reportedly seeking $75 million in damages. Where's the money going to come from? Well, if it is established that St. Ives was indeed "acting in the course and scope" of her employment at the time of the accident, her employer (and its insurance carrier) may very well be on the hook. Good luck to the family.

Source: 10News.com

The San Diego 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.

In the last year, San Diego has had a series of accidents involving elderly drivers, several of them fatal. (See an earlier blog entry). It has happened again, yesterday in the parking lot of the Bay Ho Costco on Morena Boulevard.

According to reports, an 86-year-old driver was pulling his Cadillac Coupe de Ville out of a parking spot when he apparently saw the pedestrian behind. He tried to stop his car, but accidentally stepped on the accelerator instead of the brake, and the car sped backwards, striking an SUV with solid force. A 40-year-old man who was loading plants into his car was hit and run over, and the victim’s two children, who were sitting in the car, were thrown out an open door.

Incredibly, the old man was still unable to stop his car, which, after careening off the SUV, drover over a small wall, through a fence, and into a nearby building. Witnesses say the car just kept accelerating in reverse. Truly a tragedy.

The man who was struck by the Cadillac suffered several serious injuries including a broken pelvis, a punctured lung and internal bleeding. The children suffered minor physical injuries, but will not doubt suffer severe emotional distress witnessing their father's injuries.

According to police, "pedal misapplication" is a common occurrence in elderly drivers, who apparently get confused and disoriented after stepping on the gas, and are unable to stop. The elderly driver's license has been suspended as a result of this case.

Source: SignOnSanDiego.com

The San Diego 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.

It is being reported that a Fallbrook school bus struck a man in the 1700 block of Reche Road killing him. According to news reports, the man was "drawing on the road with chalk" when the bus hit him and knocked him into a Ford Explorer. The accident occurred in front of Potter Junior High School.

The driver of the 25-seat bus, Gabriel Perez, told SHP that the pedestrian looked up but did not move out of the way in time. It is not clear what the man was doing in the middle of the road.

Local news coverage of this story can be found by clicking here, here, and here.

The North County based personal injury law firm of Walton Law Firm represents accident victims throughout San Diego County and has recovered millions of dollars for individuals involved 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.

The North County Times is out today with an article on highway work zone safety. The good news is that the number of accidents and injuries is down. The bad news is that doing road work is still a very dangerous way to earn a living.

Nick Nusser is a contractor from Atkinson Construction, and is one of many workers who make their living working on the side of the highway while cars race by. His "office is the freeway," which, he says, makes him keep his "head on a swivel." The only thing keeping him safe from careless drivers is a low concrete divider and an orange vest.

Despite the obvious dangers of working on the highway - which have no doubt increased with the advent of texting - the number of car accidents in work zones has actually declined over the last decade. The number of crashes statewide has declined from 6,901 in 1998 to 4,374 in 2008. Injuries and fatalities have also declined dramatically.

CalTrans officials credit the reduction in accidents and injuries to safety campaigns, which will continue as a result of a $3 million grant. High fines have also played a role in the improved safety, officials say.

To read the entire North County Times article click here.

Here are some statistics for accidents, injuries, and fatalities in highway work zones:

1998

54 fatalities

3,537 injuries

6,901 vehicle collisions

2008

45 fatalities

2,062 injuries

4,374 vehicle collisions

1998 San Diego / Imperial Counties

4 fatalities

246 injuries

330 vehicle collisions

2008 San Diego/Imperial Counties

4 fatalities

169 injuries

319 vehicle collisions

Source: Caltrans

The Poway 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.

A Poway woman with a history of driving while intoxicated was ordered by a San Diego judge to stand trial for vehicular manslaughter after killing pedestrian Kristen Ann Bedard as she walked to work at Target. According to prosecutors, defendant Becky Anderson has two prior DUI convictions from the late 1990s when she lived in Minnesota.

The accident occurred on November 23, 2009 when Anderson was driving south on Community Road. According to witnesses, she swerved into the bike lane near Aubry Road and struck Bedard who was walking. During a hearing yesterday, a sheriff's deputy testified that Anderson's vehicle drove up on the sidewalk, hit Bedard, that drove for another 100 yards before stopping.

When police arrived on the scene Anderson admitted that she was still feeing the effects of three Valiums she had taken the night before. She said, "I'm not going to lie to you. I still feel the effects. I probably shouldn't have been driving. What's going to happen to me?" Testing later established that the depressants were found in her blood.

Anderson will be back in court on March 2 to be arraigned. She faces 15 years to life.

Source: 10News.com

Based in North San Diego County, the injury and accident lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of accidents, including auto accidents, pedestrian accidents, medical malpractice, injuries on the property of another, construction accidents, and elder abuse and neglect. Call (760) 571-5500 for a free consultation.

In the 24-hour period after the death of 15-year-old Lucas Giaconelli, the Vista boy hit by a car while riding his skateboard, police were looking for a hit-and-run driver. Those of us who followed the story assumed it was some felonious character, who probably fled the scene because he (or she) had something to hide. When a 92-year-old man turned himself in the following day, people were stunned. Not necessarily because he was 92, but because despite a major impact - his car was damaged - he was totally unaware that he had hit a person.

This terrible tragedy raises the question: when is someone too old to drive? For friends and family of Lucas, this man should never have been allowed to have his license renewed. As one said, “If he's 92 years old, why is he on the streets driving?"

There has been a recent spate of San Diego car accidents involving elderly driver, including fatalities. Last year an elderly driver slammed into a Chula Vista home. In October, a 75-year-old man drove of a cliff in Point Loma and died when he mistook the accelerator for the brake. And just a few months ago, an elderly man with no known medical problems drove into an El Cajon Carl’s Jr., killing a diner.

According to the DMV, a California driver over 70 years can not renew a driver's license by mail, but there are no other mechanisms in place monitor elderly drivers. It is really up to individuals and families to determine when it is too old to drive.

Source: 760Kfmb.com

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

A 15-year-old Vista boy named Lucas Gianconelli was killed Friday night when he was struck by a car from behind while riding his skateboard near Thibodo Road and Edna Way. The driver, who was thought to have been speeding, fled the scene.

Police are searching for a white, 1990s model Toyota Camry with dark-tinted windows. The accident occurred just after 7:00 p.m. Anyone with information about the accident is encouraged to call (858) 565-5200.

Source: North County Times

UPDATE (2/1/10): An elderly man from Vista has turned himself in to police on the belief that he was the driver of the car that killed Lucas Giaconelli, a student Rancho Buena Vista High School. The man apparently recalls hitting something, but didn't realize it was a person until he noticed people gathering at the site. The sheriff is still investigating and hasn't decided whether to refer the matter to the District Attorney for possible criminal prosecution.

Based in San Diego's North County, the injury and accident lawyers at Walton Law Firm represent individuals and families throughout San Diego County who have been impacted in all types of accidents, including auto accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accidents, and property injuries. Call (760) 571-5500 for a free consultation.

We have heard a lot in recent years about the dangers associated with talking or texting while driving. But what about walking? According to a new report, injuries caused by distracted pedestrians are on the rise.

The New York Times is out with an article on the subject, discussing a survey done by Ohio State University. According the the survey, more than 1,000 pedestrians visited emergency rooms at hospitals in 2008 because then were distracted while walking and either tripped and fell, or ran into something. That is double the amount from the previous year, and four times the number in 2006. Thankfully, most of the injuries are minor, but there have been deaths.

Examples of such injuries include a 16-year-old boy who walked into a telephone pole while texting and suffered a concussion; a 28-year-old man who tripped and fractured a finger on the hand gripping his cellphone; and a 68-year-old man who fell off the porch while talking on a cellphone, spraining a thumb and an ankle and causing dizziness.

To read the entire article click here.

The personal injury lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of accidents, including auto accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accidents, and property injuries. Call (760) 571-5500 for a free consultation.

Authorities in Vista are looking for public help in identifying a hit-and-run driver who struck a 15-year-old boy, and left him with serious injuries. The pedestrian accident occurred on December 28th at E. Vista Way near Arcadia. At approximate 9:30 p.m. the boy attempted to cross the street, inside the crosswalk and on a green light, when a negligent driver ran a red light and struck the boy. The victim was thrown onto the roof, and then run over.

According to reports, the boy suffered very serious injuries, including a head injury, a ruptured spleen and kidney damage.

Police were unable to identify the car, but are asking to public to look for a car that has damage to the hood and windshield. A reward of $1,000 is being offered for information leading to the arrest of the driver. Anyone with information is asked to contact Crime Stoppers at 888-580-8477. Anonymous e-mail and text messages can be sent at www.sdcrimestoppers.com.

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Source: North County Times

The Vista personal injury lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of accidents, including auto accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accidents, and property injuries. Call (760) 571-5500 for a free consultation.

A 66-year-old man was killed while eating breakfast at his local Carl's Jr. when an SUV plowed into the building, striking the man. According to employees, the man, whose name has not been release but is said to have been a college professor, ate breakfast at the same table every morning.

What instigated the accident is unclear, but a witness told CHP that the driver of the SUV, a 74-year-old man, was at a nearby ATM just before the accident, and was upset with the ATM machine. He apparently stormed away from the machine, leaving his card still in the slot, and speeding away in his car. Seconds later, witnesses say, the SUV smashed into the restaurant, which witnesses described as sounding like a bomb going off.

It's unclear how fast the man was driving when he struck the building, but witnesses estimated he was travelling between 45 to 50 mph. A witness attempted to help the driver, who was also injured in the crash and bleeding from the head, but he said he didn't need assistance.

At least one witness believed the SUV driver acted intentionally. Yolanda Vasquez told San Diego 6 news, "there comes this car from the bank...zooming so fast...he meant it. He didn't give a crap."

Investigators are investigating the cause of the accident, and don't believe that drugs or alcohol played a role.

Source: San Diego Union Tribune and SanDiego6.com

The personal injury lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of accidents, including auto accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accidents, and property injuries. Call (760) 571-5500 for a free consultation.

An off-duty Orange County firefighter suffered serious injuries when he was struck by a hit-and-run driver on Saturday (12/12/09) while crossing in a crosswalk on South Coast Highway in Laguna Beach. Luke Perisin, 38, left the Sandpiper Bar just before 1:00 a.m. and was walking within the crosswalk when the suspect, for reasons unknown, crossed over the wrong side of the street and struck Perisin.

According to reports, Perisin hit the windshield, and then flew 50 feet, suffering a head injury and fracturing several bones, including his pelvis, ribs, and vertebrae. It is remarkable he survived.

The police are looking for the identity of the driver who struck Perisin and are asking for help. Authorities are looking for a white Toyota Prius or Corolla with major front end damage. Call (949) 497-0359 with any information.

Here is an ABC 7 News video on the accident.

Source: abclocal.go.com

Based in San Diego County, the accident and injury lawyers at the Walton Law Firm represent individuals and families throughout Southern California who have been injured in all types of auto accidents, motorcycle accidents, and all other accidents caused by negligent conduct. Call (866) 607-1325 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

Two people suffered serious injuries in unrelated car accidents in San Marcos this weekend. The first occurred on Saturday afternoon when a woman driving a GMC Yukon was traveling north on Woodland Parkway and was t-boned by a Dodge truck as she entered the intersection at Rancheros Drive. The force of the collision caused the Yukon to overturn, and partially ejected the driver, who suffered serious injuries in the crash. According to news reports, the woman is expected to survive.

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The other accident occurred at approximately 8:45 p.m. on Pico Avenue near the Corky Smith Gym. In that accident, a Saturn car hit a pedestrian as he was trying to cross Pico. The collision caused the pedestrian to roll onto the Saturn's roof and on to the road. Interestingly, the man got up from the scene and walked to his home nearby. His daughter called for medical help, and the mane was taken to Palomar Medical Center with a broken arm and a skull fracture.

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Source: North County Times

The North County based Walton Law Firm represents accident victims throughout San Diego County and has recovered millions of dollars for individuals involved 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) 607-1325 for a free consultation.

A San Marcos woman out walking with her dog at 6:30 a.m. on October 19th, was struck by a car and injured. The dog was killed. The woman was walking on Amber Hill Road in the Old Creek Ranch area of San Marcos. She was flown to the hospital by paramedics. The driver remained at the scene. Information about her injuries has not been released.

Source: The North County Times.

The lawyers at the Walton Law Firm represent individuals and families who have been harmed in all types of auto accidents, motorcycle accidents, and all other accidents causing injuries. Call (866) 607-1325 for a free consultation.

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.

The Chula Vista police are looking for the driver of a silver or blue compact car that ran a red light and struck a 13-year-old girl.

According to reports, the reckless driver was heading east on Palomar Street at around 11:00 p.m. on July 22. The victim was crossing in the crosswalk at the intersection near Del Taco. Witnesses say that the unidentified driver blew through the red light at approximately 50 mph and never slowed down before hitting the girl.

The girl suffered major leg injuries, including a severe fracture and a shattered knee. She remains hospitalized three weeks after the accident.

So far, police have been unable to identify the driver, and all leads have dried up. Anyone with information about the accident is asked to call Officer Rusty Nelson at (619) 476-5300.

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Source: San Diego Union Tribune

The San Diego personal 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, work site incidents, animal bites, elder abuse, and malpractice matters. Call (866) 607-1325 for a free consultation.

A five-year-old boy was killed at the intersection of Big Bear Boulevard and Pine Knot Avenue when he was struck by a car while crossing the road with his mother and brother. All three individuals were struck by an SUV. The boy’s mother and 8-year-old brother were taken by helicopter to Loma Linda Medical Center with moderate injuries.

Police need help in locating the hit-and-run driver, who witnesses say was driving a dark-colored SUV, maybe a green Chevy Tahoe. Anyone with information is encouraged to call (800) 78-CRIME [782-7463].

Here is a news video piece about the accident:

Source: KABC TV-Los Angeles

The accident and injury lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California who have been injured in automobile accidents, pedestrian accidents, motorcycle accidents, and all other injury-producing incidents. Call (866) 607-1325 for a free consultation.

The World Health Organization issued a report on worldwide road safety and found that a majority of the world's countries lack adequate laws to confront the growing problem of traffic injuries and deaths. According to the study, severe injuries caused by traffic accidents are the world's ninth leading cause of death.

The study, which was funded by Bloomberg Philanthropies, also found that well over 1 million people die annually in car accidents, and that more than 20 million are injured. Nearly half of the fatalities involve pedestrians, bicyclists, and motorcycles.

“Very few people realize that this is one of the leading causes of death in the world, and the leading cause of death for young people,” said Dr. Etienne Krug, director of injury and violence prevention programs at WHO. “Because it happens one by one, here and there and not in mass events, it gets less attention.”

The report is based on data from a 2008 survey of 178 countries, representing 98 percent of the world’s population.

To view the entire study click here. (Large .pdf file)

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, trucking accidents, bicycle accidents, construction accident. Call (866) 607-1325 for a free consultation.

Grandma is a hero, of sorts. Yesterday morning while walking her two grandchildren to school she was hit by a car while shielding the kids from from the accident. According to reports, the three were walking in a crosswalk on Holt Avenue in Santa Ana, with vehicles stopped for them, when a red Nissan Sentra failed to stop.

Seeing the Sentra approaching, grandma stood in front of the children to block them from the collision. Grandma was hit by the car, and thrown onto the hood, and then onto the ground. She was taken to the hospital with scrapes and bruises, and possibly broken bones, but is expected to survive. One of the children was glanced by the car, but not injured.

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

An elderly driver pulling into a parking spot at a Tierrasanta medical building was unable to put her foot on the brake, and to stop her car as it crashed into the lobby of the building, striking a man. The accident occurred two weeks ago, but police will recommend the 89-year-old driver be charged with vehicular manslaughter after man died due to his injuries.

According to reports, the car ran over a pole and into the glass windows that fronted the building. The man was visiting his dentist, and was pushed back 20 feet and pinned against a wall before being freed by firefighters. He suffered multiple fractures, and went into cardiopulmonary arrest at the scene. He never recovered.

Injury lawyers Randy Walton and Scott Barber represent individuals who have been injured in car accidents, motorcycle accidents, insurance disputes, products liability cases and all other personal injury cases. All consultations are free and confidential.

A 43-year-old pedestrian was struck and killed in Santa Ana when he was struck by a small black car while crossing First Street west of Jackson Street. The accident occurred about 9:45 p.m. on Saturday, April 11. The victim died at the scene.

According to witnesses, the black car fled westbound, and probably has damage on its front end. Anyone with tips should call the Santa Ana Police Department at (714) 245-8665.

The pedestrian accident attorneys at Walton Law Firm LLP represent individuals and families who have been impacted by injury causing accidents. Cases are taken on a contingency fee, and all consultations are free and confidential.

After a fatal big rig accident, California's top transportation official has temporarily banned large commercial trucks from Angeles Crest Highway for a period of 90 days.

On Wednesday, a big rig truck transporting automobiles lost its brakes while driving down a steep grade on the Southern California highway. The large truck smashed into several cars - killing a young girl and her father - then crashed into the window of a bookstore, injuring several others.

As a result of the accident, felony charges of vehicular manslaughter were filed against the driver of the truck Marcos Costa of Massachusetts.

The personal injury and wrongful death lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California who have suffered due to automobile accidents, work site accidents, defective products, spinal and brain injuries, dog bites, and other accident cases. Call (866) 607-1325 or complete our online form for a free and confidential consultation.

In the last few days there has been a rash of car accidents involving pedestrians. The most serious occurred in Chula Vista where 45-year-old Peter Dicesare of Los Angeles drove his Jeep Wrangler into 75-year-old Ronald Seiler near the 3100 block of Main Street. Seiler was crossing Third Avenue when he was hit. He was taken to UC San Diego Medical Center where he died shortly after arriving. Alcohol is believed to have been a factor in the accident.

In Mira Mesa, a driver ran into a 51-year-old man on a bicycle. The victim was in a marked bike lane on Calle Cristobol when a 19-year-old driver hit the rear of the bike. The bicyclist was hospitalized with serious head and back injuries but is expected to recover. Alcohol is believed to have played a role in this accident as well.

In Pacific Beach, a woman suffered serious and life-threatening injuries when she was hit by a drunk driver as she tried to cross Mission Boulevard near Reed Avenue. The driver, Alan Mabrey, struck the pedestrian while he was turning left.

And in San Marcos, a 19-month-old boy was killed when he wandered from his home near Smilax Road. The driver, who was believed to be driving a black mid-size older model car with tinted windows, fled the scene. Anyone with information about this accident is encouraged to call the Sheriff's Department at 858-565-5200.

FACTS: Last September 52-year-old Theodore Angle was struck and killed by an SUV while jogging at the intersection of Via Cordoba and Redhawk Parkway in Temecula. The SUV was turning onto Redhawk from Via Cordoba when it struck Angle.

Allegations were made that the intersection was dangerous when turning left from Via Cordoba, because traffic on Redhawk blocks the line of sight for those turning right. Angle’s neighbor sent a letter to the City Council commenting on the dangerousness of the intersection, and recommending changes. Last week, Temecula's Public and Traffic Safety Commission vote against making significant changes to the intersection.

It was stated by the city's engineer that there have only been two accidents at the intersection since 2004, and also stated that proposed changes could actually make the intersection more dangerous.

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LIABILITY ANALYSIS: Public entitles such as the City of Temecula are protected by under a roadway design immunity at Government Code section 830.6 if the plan or design of the road if the design caused the accident, if it was approved by an employee authorized to make such decisions, and if there is "substantial evidence" that supports the reasonableness of the plan. The burden is on the city to prove the immunity applies.

The immunity may be lost if the plan or design has changed due to conditions, was aware of the change, and failed to take corrective action. The injured person must then show that the plan or design had become dangerous because of the change in conditions, that the public entity had actual or constructive notice of the change, and the public entity had time to obtain the funds to correct the problem.

If the case involves traffic signals, signs or markings, the city may be liable for failure to provide an adequate warning sign if one was necessary to warn of a danger that is not reasonably apparent.

The City of Temecula would only be liable if the above-referenced conditions were met. Since there were so few accidents involving the intersection, liability seems difficult. However, if the city had been on notice of the dangers created by the conditions leading to this unfortunate fatality, and failed to take appropriate action, there may be a viable case. The immunities would have to be overcome, which is no easy task.

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Want your case analyzed? The San Diego injury lawyers at Walton Law Firm LLP provides a free consultation on all cases. Please call (866) 607-1325 or fill out an online questionnaire.

FACTS: A 16-year-old female student as Scripps Ranch High School was accidentally run over in the high school’s parking lot. According to reports, the victim and other students were socializing in the parking lot just after school, apparently sitting on the asphalt. A 16-year-old male student then got into his car, started the engine, and proceeded to drive away. It is unclear what happened next, but apparently several of the victim’s friends were able to move out of the way, but not the victim, who was run over by male student driver.

Sadly, the girl was seriously injured. According the news reports, she suffered internal injuries, including a lacerated liver, and facial trauma.

LIABILITY ANALYSIS: General tort principles would apply to a case such as this. The male driver would be liable for any and all damages caused by his negligence, but that liability would be reduced by the comparative fault of the victim, if any.

Assuming negligence on the part of the driver, the damages would likely be limited to his auto insurance policy. As a minor, his parents could be held liable for additional sums, but that liability would probably be limited to $25,000 under California Civil Code §1714.1.

The school is probably not exposed to liability, unless it could be shown there was some wrongdoing on its part.

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

A woman described as friendly and loyal was killed this weekend while selling flowers at her roadside flower stand in Lakeside. According to reports, Gwendolyn Wheeler was talking to a taxi that had pulled over on the shoulder of Lake Jennings Park Road when the driver of a pickup truck drove across lanes and on the raised shoulder, striking the parked taxi. Ms. Wheeler died at a nearby hospital, and the taxi driver was seriously injured.

The driver of the pickup was not injured, and was arrested on suspicion of driving under the influence of prescription medication.

This wasn't the only fatal car accident to plague San Diego County this weekend. A Fallbrook man suspected of driving under the influence died in a single car accident when he slammed his Toyota Camry into a power pole on South Mission Road. And in Oceanside, two men and a dog were killed in a fiery crash at the intersection of El Camino Real and Mission Road. Anyone with information about the Oceanside crash is asked to contact Officer Joe Torres at (760) 435-4930.

Walton Law Firm LLP is a personal injury law firm that represents injury and wrongful death clients throughout San Diego County. Contingency fee arrangements available and consultations are always free.

Based in San Diego’s North County, Randy Walton and Scott Barber represent individuals all over San Diego County in matters of personal injury and wrongful death. Whether you live in Escondido or El Cajon or Chula Vista, or anywhere else, Randy and Scott can help you obtain monetary justice for the injuries you have suffered.

Personal injuries, or course, can arise in a variety of circumstances, but usually occur due to car accidents, construction mishaps, dog bites, slip-and-fall incidents, medical malpractice, nursing home abuse, or assault and battery. For over a decade our attorneys have been handling claims on behalf of injured people, and all cases are taken on a contingency fee basis. That means that we do not earn a fee unless there is a monetary recovery.

For more about our firm visit our website at www.WaltonBarber.com.

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Cal-OSHA is investigating what caused a wooden pedestrian walkway to collapse in downtown San Diego yesterday. The accident occurred during the lunch hour next to an apartment building under construction at 15th Street and Imperial Avenue, and injured 16 people.

According to witnesses, the walkway first began to sway, then gave way, sending people and debris falling to the ground where pedestrians scrambled. According to one witness, "the whole darn walkway fell down."

The caused of the accident is currently under investigation. What is known is that the developer for the project is San Diego-based Affirmed Housing Group, and the general contractor for the site is Allgire General Contractors of Carlsbad. It is being reported that state records show that Allgire has had at least two accidents in the past four years. One incident resulted in a $16,000 citation for a serious violation of state safety law.

There are reports that 16 people suffered personal injuries in the accident, including three with injuries that were described as serious. The most severe injuries being reported are a broken leg and a broken back. All of the victims are expected to survive.

UPDATE I: The Union Tribune is reporting this morning that two people remain in critical condition after the walkway accident yesterday. Some of the injured were homeless people who live at the St. Vincent de Paul Village across the street from the construction site. Also, Cal-OSHA is stating that it could take several months for the cause to be determined.

UPDATE II [9/3]: It is being reported today that three seriously injured individuals from the August 28 walkway collapse are still hospitalized. The most serious appears to be one victim who suffered a "broken back." According the San Diego Union Tribune, the victims ages ranged from 16 to 64. The incident is still being investigated, and we will be keeping on top of this story.

UPDATE III [9/8]: Raw video footage of the accident has been release and can be found on the local NBC website (click here). It is being reported that OSHA may take up to six months to complete its investigation.

Walton Law Firm LLP represent is a consumer law firm that represents the victims of personal injury, wrongful death, and elder abuse and neglect. Cases are taken throughout San Diego County, and consultations are always free.

The hit-and-driver that nearly killed Leslie Nunez has never been held accountable for the devastating injuries she wrought upon Leslie and her friend last year in Pacific Beach. Exactly one year ago, Leslie and her friends were walking to a restaurant in PB when they crossed Grand Avenue near Cass Street and were hit by a Nissan Maxima. Leslie suffered severe personal injuries, including head injuries and broken bones requiring surgery. The driver just took off.

Now Leslie needs your help to find the bad guy, and is offering her own money to boost the San Diego Crimestoppers reward up to $2500 for information that leads to the identification of the negligent driver. The accident occurred on August 10, 2007 at 9:40 p.m. in Pacific Beach. Witnesses say there were two women in the car, which may have been customized with specialty rims and tinted windows. Leslie still has over $200,000 in medical bills. Anyone with helpful information about this hit-and-run crash should call (888) 580-TIPS or go to the Crimestoppers website.

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

Two San Diego pedestrians died yesterday after being struck by cars in separate incidents. The first was in North Park, where a 20-year-old pedestrian suffered major head injuries and died after being struck on University Avenue. The other occurred in Paradise Hills, where a pedestrian was hit near Sky Harbor Road.

According to the National Highway Traffic Safety Administration a pedestrian is struck and injured every eight minutes in the United States, and killed every 111 minutes. A large majority of pedestrian accidents occur in urban areas, at non-intersection locations, and in normal weather conditions.

Nearly half of all pedestrian accidents occur in the afternoon, and children and the elderly are typically at a greater risk of being injured in a pedestrian accident. Many of these incidents are the result of negligent or reckless drivers.