January 23, 2010

San Diego Car Accident Kills Man, Injures Three, Including Minor Leaguer

State Route 94 in San Diego's Spring Valley area was closed for a period yesterday after a head-on car accident that claimed the life of one man, and injured three teenagers, one of whom plays minor league baseball for the Tampa Bay Rays' organization.

According to reports, a Ford Mustang being driven by 18-year-old Andrew Bellatti was traveling eastbound on SR-94 when, for unknown reasons, the Mustang crossed over the center line, colliding head-on with a Dodge Caravan. The driver of the van, a man in his early 50s, was pronounced dead at the scene.

A passenger in the van, and Bellatti and his passenger, all suffered major injuries, but all are expected to survive. Police say there is no evidence that drugs or alcohol played a role in the accident, and they currently do not believe the Mustang was racing. They do believe, however, that Bellatti was traveling at approximately 80 mph at the time of the accident.

The Channel 8 News video here discussed the accident:

Sources covering this story: Signonsandiego.com , CBS8.com, nbcsandiego.com, and 760kfmb.com.

The San Diego County 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, property injuries, and wrongful death cases. Call (866) 607-1325 for a free consultation or submit a confidential online form.

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January 5, 2010

Truck Plows into El Cajon Carl's Jr. and Kills Diner

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.

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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.

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January 2, 2010

Drunk Driver Kills Pregnant Woman, Unborn Child in San Diego Car Accident

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.

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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.

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December 11, 2009

Huge Pipe Falls off Big Rig and Nearly Crushes Cab Driver and Passenger

A cab driver and his passenger were nearly crushed this morning when a 25-ton steel pipe rolled of a commercial truck and fell off a freeway overpass, landing on the unsuspecting taxi driver and his passenger.

According to news reports, the large pipe, which measured 25-feet long and 8 feet in diameter, was being transported to a local dam project. The truck carrying the pipe lost control on the interchange from SR-125 to eastbound I-8, and struck the barrier wall. The impact with the wall caused the huge pipe to break free and roll over the bridge, dropping 75 feet on top of the cab.

Inside the taxi was its 47-year-old driver and a 73-year-old passenger. The two were taken to local hospitals with undisclosed injures, but both are expected to survive...amazingly.

CHP officers investigating the accident are saying that the driver of the big rig was traveling at an excessive speed.

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Source: 10News.com

The personal 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, construction accident. Call (866) 607-1325 for a free consultation.

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December 7, 2009

Driver in Lexus Accident Recovering Slowly from Injuries

There has been a lot of news lately about the Toyota recall, and specifically about the family that was killed in San Diego when the accelerator on their Lexus got stuck, causing them to barrel down the road at speeds in excess of 100 mph, and ultimately run a red light and clip a law abiding vehicle. What we haven't heard much about is the condition of the law-abiding driver. Yesterday the Union Tribune did a profile story about him.

Phillip Pretty has no real memory of the accident itself. All he remembers is turning left from SR-125 onto Mission Gorge Road, then getting hit by the white Lexus. "It was more or less lights out," he told the UT. He didn't learn that the family inside the Lexus was killed until he woke up in the hospital.

It's been over three months since the fatal car accident, but Mr. Pretty is still far away from a complete recovery. The impact left him with a serious concussion and memory loss, which he has been told may last awhile. He has difficulty with simple memory tasks such as remembering someone's name. He also suffered a knee injury, which may require surgery, preventing him from surfing or bicycling, activities he enjoyed before the accident.

Adding insult to injury, while Mr. Pretty had medical insurance, it wasn't enough to cover all of his medical expenses. As a delivery driver, he's not rich, so he has retained a personal injury lawyer to try to recover some of what he has lost. He hasn't decided whether to pursue a lawsuit, but he rightfully agrees that someone should be held accountable.

Source: San Diego Union Tribune

Walton Law Firm represents accident and injury victims throughout San Diego County and has recovered millions of dollars for individuals involved car accidents, pedestrian accidents, medical malpractice, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, and insurance disputes. Call (760) 607-1325 for a free consultation.

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December 1, 2009

San Diego Jury Verdict Against Ford Will Stand

More than seven years after a San Diego jury awarded Benetta Buell-Wilson $369 million against Ford Motor Co. it looks like she will finally get paid. Ms. Buell-Wilson suffered a severed spinal cord when the Ford Explorer she was driving overturned on I-8. The jury found that Ford failed to follow its own engineer's advice to widen the Explorer wheel track or lower its center of gravity because the safety improvements would have been too costly. Ford, the jury determined, knew its Explorer would roll easily but deliberately ignored the risk.

After the verdict, Ms. Buell-Wilson was subject to relentless appeals by Ford, who must have spent additional millions to try to get the verdict overturned. It had some success in getting the award reduced, but its final attack was an appeal to the U.S. Supreme Court, arguing that the punitive damages assessed against it ($246 million by the jury, reduced to $55 million afterward) were unconstitutional and illegal under California law. Yesterday, the U.S. Supreme Court refused to hear the case.

Dennis Schoville and Lou Arnell, two of San Diego's finest personal injury lawyers, believe Ms. Buell-Wilson may finally get some of the justice a jury believed she deserved. It’s been seven years since the verdict and she hasn’t seen a penny. Mr. Schoville told the San Diego Union Tribune, “It’s been a long haul, but this is the end of the line for Ford.”

Source: San Diego Union Tribune

Walton Law Firm represents individuals and families in cases in personal injury cases, including car accidents, pedestrian accidents, medical malpractice, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, and insurance disputes. Call (760) 607-1325 for a free consultation.

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November 3, 2009

Decade Old Teen Driving Laws Seldom Enforced

The car accident deaths of two San Diego teens and prompted a reexamination of the enforcement of teen driving laws that were enacted a decade ago. Under those laws, teen drivers ages 16 to 18 are prohibited from driving a vehicle with anyone under 20 years old in the car during the year after they first get their license, unless an adult was present. [Cal. Veh. Code 12814.7] The teen license is called a provisional license.

It is widely agreed that teenagers that follow the law are safer drivers. In the case of the two local deaths, there is a good chance both accidents would have been presented with an adult in the car. Studies have shown that when a teen has one other teen in the car, the risk of a car accident doubles. With three or more passengers, the risk quadruples.

But many believe that the teen driving laws are rarely enforced. Under the law, a teen cannot be cited solely for violating the provisional license. They must be pulled over for some other infraction first. According to CHP officer Lew Hall, most officers don't write many tickets for provisional license violations because they are more focused on the driving infraction, and may not notice that the driver had been licensed for less than a year.

Last year, CHP cited 2,106 teen age drivers for driving in violation of their provisional license. Many believe the laws have been working. Only two years after the laws were enacted in 1998, car accidents involving 16-year-old drivers dropped 24 percent. In 2007, the last year data was available, personal injury and fatal accidents involving 16-year-old drivers were at a 13-year low.

Source: North County Times

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.

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October 30, 2009

Recent Car Accident Deaths Point to Importance of Seat Belts

In the last month, two local high school students have died in automobile accidents, riding in cars with other teenagers who escaped the same accident with little or no injury. The difference? The teens who died were not wearing seat belts.

KUSI did a report this morning on the importance be belting up when in a car, and provided some pretty startling statistics. According to the officer interviewed in the video below, nearly every auto fatality can be attributed to one of three things: speed, driving under the influence, and the failure to wear a seat belt. As to seat belts specifically, despite a 95% compliance rate, more than 50% of local car accident deaths can be attributed to the failure to buckle a seat belt.

Take a look at the video, which has some dramatic footage.

Source: KUSI

The Walton Law Firm provides free and confidential consultations 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.

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October 26, 2009

San Diego Cracks Down on Taxi Safety

The City of San Diego has taken action to crack down on taxicabs that do not meet safety regulations. In field inspections that were started last year, approximately 85% of all taxicabs inspected did not meet health and safety requirements.

“That's unacceptable,” said John Scott, Metropolitan Transit System (MTS) taxicab administrator. “We need to see the numbers drop, and we need to see them drop substantially.”

MTS regulates taxicabs outside San Diego, in cities including El Cajon, La Mesa and Poway, but the proposed regulations would apply only to taxis in San Diego proper. The regulations, if approved, would give MTS inspectors the authority to suspend or revoke operating permits for offenses that currently only result in a warning. While most of the offenses are for safety violations, the most common a failure to participate in annual inspections of the vehicles, MTS also wants to crack down on cab drivers who do not maintain adequate insurance or fail to provide customers a complete receipt.

According to Scott, it is time provide the public with an assurance of safety. “You're not going to get off with a warning anymore,” he said. “Basically, the hand-slapping days are over.”

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Source: San Diego Union Tribune

The car accident lawyers at Walton Law Firm represent individuals and families throughout San Diego County who have been injured in motor vehicle accidents, including automobiles, motorcycles, and commercial trucks. Call today for a free and confidential consultation (760) 607-1325.

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October 10, 2009

Risk of Dying in Car Accident Declines Significantly

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.

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October 7, 2009

Driver in Rancho Santa Fe Crash Will Not be Tried as Adult

The Torrey Pines High School teenager who crashed his car after a late night party in Rancho Santa Fe will not be tried as an adult for the death of passenger Alexander Capozza. The driver Branden Butler was not hurt in the accident, and is currently being held in Juvenile Hall on suspicion of gross vehicular manslaughter and drunk driving.

As discussed in an earlier blog entry, the car driven by Butler was carrying five people when in veered off La Granada Road at approximately 1:30 a.m. Sunday morning and rolled several times. Another passenger Jamie Arnold suffered serious injuries in the accident, and is currently hospitalized. Three others, including Butler, were not injured. According to new accounts, the three uninjured individuals were all wearing seatbelts, while Butler and Capozza were not.

Police are still investigating the accident, and trying to determine where the boys, all high school students, obtained alcohol that night, and whether there were adults involved.

Many lessons can be taken away from this sad tragedy, the type of which seems to strike at least one local high school every year. Just over a week ago a Vista teenager from Ranch Buena Vista High School died in a car accident. Let's hope the high-profile nature of this preventable car accident saves other lives down the road.

Source: 10News.com

The San Diego personal injury lawyer Randy Walton at the Walton Law Firm represent individuals and families who have been injured in all types of accidents and malpractice matters. Call (760) 607-1325 for a free consultation.

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October 4, 2009

Injury and Death in Rancho Santa Fe Crash

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.

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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.

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September 25, 2009

Teens Who Own Cars Crash More Often

This is not shocking news, but a recent study has show that teens who own their own cars are involved in more car accidents than teens who don't. These findings are a result of a study performed at Children's hospital of Philadelphia, and will be published in the October issue of Pediatrics.

While getting a car is frequently a right of passage for American teens, there is a grim downside. Automobile accidents are the leading cause of death for U.S. teenagers, claiming the lives of more than 5,000 every year. "With teen drivers, you have to recognize that it is a public health issue," said Dr. Jeffrey Weiss, an Arizona pediatrician and co-author of the report. The report revealed that in 2007 there were more than 7,000 deaths in accidents involving teens, and over 250,000 teenage drivers were injured.

The study surveyed more than 5,500 teens in grades nine though 11.

Another article of interest: Strict rules from parents lead to safer-driving teens.

Source: 10 News San Diego

The automobile accident lawyers at Walton Law Firm represent individuals and families throughout San Diego County who have been injured in motor vehicle accidents. Call today for a free and confidential consultation (760) 607-1325.

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September 23, 2009

Car Accident Victim Says Driver "Looked Right Through Me."

A weird and tragic car accident story was reported in the San Diego Union Tribune this morning about a fatal accident occurring last Sunday at the same intersection where a family of four lost their lives almost about a month ago.

According to the article, a female teenager driving a black Ford Ranger rear ended a Chevy Cavalier on Parks Avenue in La Mesa. Instead of stopping, the teenager fled the scene, and the driver of the Chevy, Taya Chase, attempted to follow. While in pursuit, the pickup truck, for reasons unknown, stopped in the middle of an intersection. Chase pulled up along side it to address the driver who had just hit her, but no words were exchanged. According to Chase, the teenager gave her a "scary glimpse," then she "looked right through me," before putting the truck in reverse and speeding away.

This story then becomes truly tragic. The teen turned her truck around and proceeded to get on eastbound I-8. She was followed by another driver who had witnessed the hit-and-run on Chase. The truck sped from I-8 to northbound SR-125, where it allegedly plowed through the intersection at Mission Gorge Road, and broadsided a car being driven by Pamela Marabeas, 53, of Santee. The high-speed collision crushed both cars, killing Marabeas and critically injuring the teen. Police believe that the teen may have run a red light.

Police are still investigating the accident, and no doubt more information will come about the teen and the reasons for her careless and reckless conduct.

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Source: San Diego Union Tribune

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 those caused by defective products. Call (760) 607-1325 for a free consultation.

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September 16, 2009

San Diego Car Accident Causes Toyota to Order All Floor Mats Inspected

Toyota Motor Sales USA has ordered mandatory inspection of all Toyota and Lexus vehicles after a fiery San Diego crash that killed four people. Earlier indications suggest that the accident may have been caused by a faulty floor mat that made the accelerator get stuck.

You may recall the accident that occurred two weeks ago (and blogged about here) involving Mark Saylor, an off-duty CHP officer who was driving with his family in a loaner Lexus when the accelerator became stuck. Saylor dramatically called 911 just prior the accident, a recording that has received a ton of national attention (and can be heard by clicking here).

As a result of the attention, Toyota has sent a letter to all of its dealers requiring inspections on all Toyota and Lexus cars, stating"

“We urge all other automakers, dealers, vehicle owners, and the independent service and car wash industries to assure that any floor mat, whether factory or aftermarket, is correct for the vehicle and properly installed and secured."
Investigators at the NHTS have said that the all-weather floor mat found in the wreckage of the Lexus suggest that it could have interfered with the accelerator. Notably, the rubber mat found in the vehicle was a couple of inches longer than the mat that belonged in the vehicle. If this is true, culpability may lie at the feet of Bob Baker Lexus in El Cajon, the source of the loaner vehicle.

It appears this case will be headed to litigation, as it should. Mr. Saylor died along with his wife, young daughter, and brother-in-law. We certainly hope the true cause of this tragic accident is discovered, and that justice is served.

Source: SignOnSanDiego

The San Diego injury and accident attorneys at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents, including those caused by defective products. Call (760) 607-1325 for a free consultation.

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September 10, 2009

Talmage Accident Sends Mother and Daughter to Hospital

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.

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September 10, 2009

Car Strikes CalTrans Worker, Probationer on I-15

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.

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September 5, 2009

Carlsbad Car Accident Caused by Drunk Driver

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.

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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.

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August 31, 2009

Santee Accident Kills Family after Accelerator Gets Stuck

In what can only be describe as an unbelievable tragedy, an off-duty California Highway Patrol officer, his wife and daughter, and his brother-in-law were all killed yesterday when the accelerator on the Lexus they were in got stuck, preventing the car from stopping or slowing down. What makes this car accident tragically ironic is that the CHP officer who was killed, Mark Saylor of Chula Vista, was a safety officer, who inspected school buses, ambulances, tow trucks and armored vehicles.

According to reports, the Saylor family was traveling in the Lexus on northbound 125 at around 6:30 pm. Someone from the vehicle allegedly called 911 to report that the accelerator was stuck. Shortly thereafter, the Lexus – a 2009 ES 350 on loan from Bob Baker Lexus - then traveling at more than 100 mph, clipped the back of an SUV and veered of the road, went through a fence, then burst into flames.

At the time of the accident, Saylor was nearing his 20th anniversary with the CHP. "He was an outstanding officer who was well-respected by his peers," CHP Officer Brian Pennings said.

Investigators are trying to figure out what caused the accident, and if the allegations about the stuck accelerator are true. In 2007, Toyota Motor Corp. recalled more than 30,000 floor mats used when allegations were made that that the mats would slip forward and jam the accelerator. Could there be a connection?

Source: North County Times / San Diego Union

The San Diego 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.

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August 25, 2009

Graphic Texting While Driving Video Creating a Stir

A jarring public service announcement video produced by the Gwent Police Department in Wales, England is creating a bit of controversy due to its graphic enactment of a horrible car accident. The accident is caused by a girl who attempts to send a text while driving. In the 4-minute video, a car full of young women talking to one another as the driver tries to send a text. In the process of texting, she veers over the center line, and drives head on into oncoming traffic. The ensuing crash show what happens to the girls inside the car, and it is not for the squeamish. The video certainly gets the point across.

WARNING: GRAPHIC ENACTMENT OF SERIOUS CAR ACCIDENT

Source: Huffington Post

The auto 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.

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August 23, 2009

Escondido Car Accident Claims Life

A San Diego man died on Saturday on Del Dios Highway after the truck he was driving cross the yellow line and collided head-on into a cement truck. 33-year-old Jose Alvarez didn't have a chance; the cement truck was loaded with cement at the time and weighed 25 tons.

The auto accident occurred just before noon, when, police believe, Alvarez crossed over into oncoming traffic when he tried to pass two other vehicles. According to witnesses, the crash was truly head on - "head light to head light."

While police do not believe that alcohol was involved in the accident, they are still looking for witnesses. Anyone with information is encourage to call the Oceanside CHP office at 760-757-1675.

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Source: North County Times (story/photo)

The accident and injury lawyers at Walton Law Firm LLP represent individuals injured or killed in 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.

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August 3, 2009

North County Car Accident Claims Life, Injures Two

A multi-vehicle car accident on Interstate 5 claimed this life of a 9-year-old Los Angeles girl early this morning. Early indications are that the car accident was caused by a drunk driver, Michael Wright of Commerce, who was arrested on manslaughter charges.

Just after midnight, traffic on northbound I-5 was moderate to heavy, and vehicles were traveling approximately 25 mph when a Lexus in the fast lane swerved to avoid a car just ahead of it. The Lexus struck the car, and then careened off an hit a Honda CRV and a big rig truck before coming to rest.

The young girl was a passenger in the Lexus, and was taken to Rady Children's Hospital where she was pronounced dead. Two other drivers suffered personal injuries in the accident, one of whom was taken to Tri-City Medical Center.


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Source: North County Times

The Carlsbad-based accident and injury law firm of Walton Law Firm LLP represent individuals injured or killed in all types of accidents, including automobile accidents, construction accidents, slip and falls, dog bites, and malpractice matters. Call (790) 607-1325 for a free consultation, or fill out an online contact form.

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July 28, 2009

Texting While Driving Dramatically Increases Risk of Accident

A study conducted by the Virginia Tech Transportation Institute found that texting while driving is more dangerous than previously thought. According to the study, texting while driving increases the risk of a car accident 23 times greater than not texting.

It was thought that talking while driving and texting while driving posed a similar risk, but study establishes that is not the case.

"Talking/listening to a cell phone allowed drivers to maintain eyes on the road and were not associated with an increased safety risk to nearly the same degree," the report said. "These results show conclusively that a real key to significantly improving safety is keeping your eyes on the road."

The study also revealed that just before crashing, drivers spent nearly five seconds distracted from the road by their cell phones, which, at 55 mph, is enough time to cover the distance of a football field. The study concludes that texting while driving should be banned in all states. California currently has such a ban.

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Source: AP

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. Please call toll free at (866) 607-1325.

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July 21, 2009

U.S. Study on Dangers of Cell Phone Use While Driving Suppressed

In 2003, researchers at the National Highway Traffic Safety Administration (NHTSA) proposed a long-term study to examine the risks posed by drivers who use cell phones while driving. Then, as know, it was believed that distractions caused by such use represented a serious safety risk to drivers on American roadways.

But because of politics, the study was never undertaken. According to reports, the NHTSA chose not to make public copious amount of research data for fear of angering members of Congress.

After discovering this fact, two consumer groups filed a Freedom of Information Act lawsuit to obtain documents, which will be published on the New York Times website (click here). The researchers estimate that drivers using cell phones account 240,000 in 2003, including 922 fatalities. The research also suggested cell phone users were four times more likely to cause an auto accident than other drivers, and that hands-free devices did not remove the risk of crashes, because it was the conversations that were distracting, not necessarily holding the phone.

According to news reports, the concerns was that the agency would use the information to lobby states to pass laws prohibiting cell phone use in the car, laws strongly opposed by the powerful cell phone industry.

California State Senator Joe Simitian, who tried to pass a hands-free cell phone law from 2001 to 2005 over industry objections, said the research data would have been helpful in moving hands-free legislation forward, “Years went by when lives could have been saved.”

Source: New York Times

The San Diego 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, construction accidents, pedestrian accidents, and all other accidents caused by negligence. Call (760) 607-1325 for a free consultation.

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July 10, 2009

San Diego Car Accident Injures Woman in Motorized Wheelchair

A 68-year-old woman in a motorized wheelchair was hospitalized Thursday after being struck by a car in Mission Valley. According to witnesses, the woman was crossing in the cross-walk at the 200 block of Camino de la Reina at approximately 6:30 p.m. when a man driving a Ford Mustang not paying attention to the road, turned and ran into the woman. The woman was thrown from her wheelchair and suffered a fractured femur.


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The San Diego personal injury lawyers at Walton Law Firm LLP represent individuals and families who have been injured in all types of automobile accidents. Call (866) 607-1325 for a free consultation.

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June 20, 2009

Construction Worker Seriously Injured in El Cajon Accident

A CalTrans subcontractor was seriously injured yesterday while parked on the shoulder of Route 125 near Grossmont College Drive in El Cajon. According to reports, the injured man was performing work for Cal Trans, when an out-of-control pickup truck driving southbound on the 125 veered off the road and into the worker, who was thrown 30 feet in the air. The pickup driver was allegedly speeding, and was also cited for driving without a license.

The CHP said that accident occurred at approximately 2:25 p.m. The injured worker was taken by ambulance to a nearby hospital where he is being treated for several fractures and internal injuries. He is expected to survive.


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The San Diego car accident lawyers at Walton Law Firm LLP represent individuals and families who have been injured in all types of automobile accidents. Call (866) 607-1325 for a free consultation.

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June 3, 2009

At-Fault Drivers to be Charged for Car Accidents

If your negligent driving causes a car accident in Fallbrook, and police or fire responds, your insurance company is going to get a bill from the city. This new fee goes into effect at the end of this month, and is designed to provide some revenue to cash-strapped local governments.

Depending on the severity of the auto accident, at-fault drivers will receive a bill from $435 to $2,100, which was calculated based on the hourly labor and equipment costs for public safety officers. If firefighters simply provide traffic control, the bill will be on the lower end, if the assistance is more involved, such as extracting victims from badly damaged vehicles, then the bill will be on the higher end.

Opponents of the new ordinance contend that the fee represents "double taxation," since existing property taxes presumably already cover these services. But most of the opposition, it is no surprise, has come from the insurance companies themselves, who threaten (as usual) that the rates for all will rise under such laws.

The double-taxation argument does have some teeth. Several states have already banned such a "crash tax," and a pending bill in Sacramento aims to do the same in California.

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The personal injury lawyers at Walton Law Firm LLP represent individuals and families who have been injured in car motorcycle accidents, and all other accident and injury matters. Call (760) 607-1325 for a free consultation.

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April 29, 2009

Elderly Driver Crashes into Building, Kills Man

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.

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April 15, 2009

San Diego Car Accident Claims Life of Child

It has happened again. The driver of a vehicle loses control "for unknown reasons" and causes a catastrophic automobile accident. Several of these accidents have been blogged about here, but most haven't. It leads to one inescapable conclusion: the use of cell phones while driving.

Shortly after 5:00 a.m. this morning a 2-year-old boy died when the Chevy Silverado he was riding in was sideswiped by a BMW that lost control on northbound I-805. According to reports, the BMS moved to the right, and hit the Chevy truck, causing it overturn on the shoulder. The boy was belted in a car seat, but the seat was ejected due to the force of the accident.

The police have no word as to what caused the accident, but no doubt the use of a cell phone, whether talking or texting, was involved. (See prior similar accidents here and here).

The injury and accident lawyers at Walton Law Firm LLP represent individuals and families who have impacted by motor vehicle accidents. Consultations are free and confidential.

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March 31, 2009

Forty-Six Deaths in 10 years on Highway 67

The North County Times is out with a story about Highway 67 in Ramona, the site of yesterday's horrible auto accident that claimed the life of a young woman, and reveals a very troubling history about this busy stretch of San Diego County roadway. In the last 10 years there have been 46 deaths by auto accidents.

According to CalTrans, the culprit in most of the crashes was excessive speed. Local residents say that most cars travel much faster than the posted speed limit of 55 mph. Yesterday's accident is believed to have been caused by racing cars, one of which broadsided Alexendria Drake, pushing her Volvo into a tree and claiming her life.

While there have been discussions about expanding the highway, and adding a barrier in the center divider, no money has been allocated by governmental agencies for that purpose. This troubles residents, including JoAnn Bryant who no longer allows her family to drive on the road at night. "It's just too dangerous a road if you care about anybody," she said.

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March 23, 2009

Oceanside Auto Accident Claims Life

An Italian tourist is under arrest for vehicular manslaughter after his car clipped another car on southbound I-5 last night causing a major auto accident. According to reports, a PT Cruiser being driven by Alberto Allari drifted across lanes and struck an Toyota RAV-4, causing the Toyota to lose control and roll several times. Leslie Sheila Foster, a resident of Valley Center and a passenger in the RAV-4, died at the scene.

Interestingly, police have stated that it is not believed that alcohol or speed played a roll in the accident, though Allari was arrested at the scene under allegations of vehicular manslaughter. While vehicular manslaughter can be charged against any person who violates a traffic law, and that violation results in death, it is typically reserved for those who are driving under the influence, speeding, or with a history of reckless or negligent driving.

This tragic case will be one to follow.

The San Diego car accident attorneys at Walton Law Firm LLP represent individuals and families who have injured or killed in motor vehicle accidents. Consultations are free and confidential.

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March 13, 2009

Dramatic San Diego Motorcycle Accident Claims Life

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.

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February 28, 2009

San Diego Wrongful Death Verdict to be Reviewed by Supreme Court

In 2006, a San Diego jury gave the widow and children of Scott Keener $4.9 million after he was struck on his motorcycle by a truck driver. When the judge polled the jurors for their votes, he forgot to get the answers from one juror on two of the 13 questions. While the juror found that the truck driver was negligent, the judge forgot ask him if he agreed with the other jurors on the apportionment of damages, which they found to be 80% on the defendant, and 20% on the plaintiff.

That mistake led to an appeal and a reversal of the verdict by the Fourth District Court of Appeals, which concluded that:

...the trial court erred in accepting the juror declarations to inquire into and resolve the results of the jury's decision making process, and also when it made a credibility determination that Santana could not effectively have voted other than 80/20 at any relevant time.
The Keeners have appealed to the California Supreme Court, and arguments will be held on Tuesday.

The entire 4th DCA opinion can be read here (.pdf).

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February 19, 2009

Car Accident Insurance Claims – What a Drag.

After a car accident, it's not uncommon for the victims to call our office months later with complaints about their insurance claim. Usually the complaint is that the insurance adjuster is a jerk, won’t return calls, won’t make an offer, or simply is denying liability altogether. Clients then call us to ask if this is normal.

I don’t know if it’s “normal,” but it sure is prevalent. One would think that the insurance companies would do whatever it takes to prevent a person from contacting a lawyer after a personal injury claim, but every year our office takes over the cases of many people who simply want to avoid any further dealings with the insurance company.

Is there any way to make the process easier? Not really. But after a car accident, there are certain obligations under California law that insurance companies must follow:

• If it's your own insurance policy (such as an uninsured motorist claim), tell you of all benefits and coverages available to you.

• Open a claim file immediately and contact you within 15 days to appraise you of the status of the claim.

• Respond to phone calls or letter received by you within 15 days of receipt.

• Accept or deny the claim within 40 days after receiving documentation that the claim made is legitimate and supported by evidence.

• Offer a fair settlement, and pay it within 30 days.

The California Department of Insurance has an excellent manual that covers most issues that arise in an auto insurance claim (click here). Or, of course, you can call our office to answer any questions you might have. If, after an accident, the injuries are serious, then I believe it is important to get an attorney involved. The personal injury lawyers at Walton Law Firm LLP provide free consultations on all auto accident case.

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February 16, 2009

More Serious Drunk Driving Accidents Caused by Female Drivers

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.

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February 9, 2009

Rash of Pedestrian vs. Auto Accidents Throughout San Diego County

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.

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January 5, 2009

Car Accident Kills Pregnant Woman, Unborn Child on Interstate 5

California Highway Patrol is reporting that Yine Erandy Gonzales Angeles, age 24, was killed early Sunday morning when the Ford Explorer she was traveling in rolled over on Interstate 5 near Solana Beach. Ms. Angeles was six months pregnant at the time. The baby did not survive.

According to news reports, Ms. Angeles was riding with her husband, 5-year-old daughter, and two relatives when the car was clipped by a speeding Nissan Altima that was trying to change lanes. The contact between the cars caused the Explorer to flip several times, partially ejecting Ms. Angeles, who was wearing a seatbelt. The other passengers suffered relatively minor injuries.

Witnesses stopped to assist the passengers out of both cars, but after helping the driver of the Altima get out of his vehicle he ran from the scene. The driver, John Francis Sudac Jr. of Carlsbad, later turned himself in and was booked into the Vista jail on suspicion of gross vehicular manslaughter.

Adding insult to an already tragic accident, witnesses also said that in the slowing traffic after the accident, a woman in a dark colored Subaru wagon jumped out of her car and stole Ms. Angeles' purse, which had been thrown across the freeway, before driving away. Any witnesses to this accident or the theft are encouraged to call police at (858) 673-3800.

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December 29, 2008

Teenage Driver Causes Major Car Accident in Poway

In recent years there has been a raging debate about what is the best age to allow a person to obtain a driver's license. For teenagers, it is a rite of passage to get a driver's license, but in increasing numbers teen drivers are causing mayhem on the roads. While road fatalities have dropped in the last twenty years, deaths involving newly licensed drivers have been on the increase. In fact, highway safety specialists have called it a "silent epidemic."

Case in point: On Sunday, a Ramona woman named Melissa Jean Day was hit head on while driving on Route 67 in Poway. The accident occurred when a pickup truck driven by a 17-year-old boy (with a 15-year-old passenger) hit a curb, then drove his truck across the center lane and striking Day's car. Day died in the accident, and her two daughters, ages 11 and 14, were injured. A truly, truly tragic accident.


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According to the Insurance Institute for Highway Safety delaying the age at which drivers are licensed saves lives. Most European countries, as well as Japan, China, Brazil and Russia do not license drivers until age 18. Delaying the age, the argument goes, allows teens to mature before they get behind the wheel. No doubt it would save a lot of lives.

The Escondido injury and accident attorneys at Walton Law Firm LLP represent individuals who have been injured by car accidents, defective products, construction accidents, dog bites, and other cases involving negligence, including cases of wrongful death.

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December 23, 2008

CASE ANALYSIS: Passenger Killed When Car Plunges Down Embankment

FACTS: Last Monday, the passenger of a pick-up truck was ejected from the vehicle when the speeding truck lost control on eastbound Interstate 8 and rolled down an embankment. Rain was likely a factor. The passenger, who was not wearing a seat belt, died in the accident. Walton Law Firm LLP is currently litigating a case that is factually very similar to this one.

LIABILITY ANALYSIS: This type of accident raises several issues related to liability. First, the passenger's surviving heirs would have a wrongful death case against the driver of the pick-up truck for negligent driving. Since it was a single car accident, it was reportedly traveling 85 mph, and it was raining, the police have probably attributed fault to the driver for operating the vehicle at an unsafe speed in rainy conditions. There may also be a negligent maintenance theory as the tire tread on the vehicle was considered to be lower than the recommended amount.

A wrongful death case, if proven, would entitle the heirs to the loss of love, society, companionship, and support of the victim.

Other potential avenues of liability could be a case against car manufacturer for product defects or against the State of California for negligent road maintenance (the presence of a guardrail, etc.), but those claims are unlikely considering the circumstances of this accident. From initial reports, it appears to be the result of unsafe driving on a rainy road.

The victim’s failure to be wearing a seatbelt will likely be the subject of major debate if any claims were made. No doubt the insurance company for the driver will argue that had a seatbelt been worn the woman would not have been ejected, and indeed may still be alive.

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December 12, 2008

CASE ANALYSIS: High School Student Run Over In Parking Lot

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.

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December 3, 2008

Uninsured and Underinsured Motorist Coverage

When attorneys get phone calls on serious auto accident cases the first thing they think of is insurance coverage. It's not just that they're wondering if there is a deep pocket - they are - but they're primarily wondering if there is much of a pocket there at all.

As you probably know, California requires that all drivers in the state maintain a policy of insurance of at least $15,000 per person, $30,000 per accident. Because that is the lowest amount of coverage a driver can possess and still drive legally in the state, it is also the cheapest... and many, many drivers buy it for that reason.

What does that mean? If you are in an accident that is not your fault, and the driver that hit you has a $15,000/$30,000 policy, the most you can collect from that insurance policy is $15,000 no matter how severe your injuries are. If you broke a leg and incurred $18,000 in medical bills, and missed one month of work at $4,000, and endured a tremendous amount of pain and suffering and inconvenience, your claim against the bad driver's insurance policy will be limited to $15,000 - not even enough to cover your financial losses.

This is where uninsured and underinsured motorist coverage comes in. A UM or UIM policy is a policy that you purchase from your own insurance company which will cover you in the claims like the one outlined above. Whenever your losses exceed the available insurance limits (of if the bad driver had no insurance at all), your UM or UIM policy will cover the losses above and beyond the available coverage.

There is one caveat: your UM or UIM policy must exceed that of the driver that hit you. If, for example, you purchased a UIM policy of $15,000/$30,000 and then were injured by a driver that had a liability policy of the same amount, you would not be able to tap into the UIM policy if your damages exceed the $15,000 limits. Under those facts, you must maintain a UM or UIM policy of more than $15,000/$30,000 to collect money above-and-beyond the bad driver’s policy.

The important points. First, always purchase UM and UIM coverage. If you don't have it presently, call your insurance broker and get a quote. Second, make sure you purchase the highest amount of UM or UIM coverage you can afford, or the highest the insurance company will sell you. This coverage will protect you against all bad drivers in the world, many of whom are insufficiently insured to cover the damages they will cause.

If you have any questions about making a claim for UM or UIM coverage, feel free to give us a call at (866) 607-1325 or fill out our online questionnaire.

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December 2, 2008

Car Accidents Kill Three over Holiday Weekend

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.

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November 3, 2008

Car Accident: Roadside Flower Vendor Killed by DUI Driver

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.

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October 30, 2008

San Diego Personal Injury Lawyers

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.

Home and hospital visits are available, and consultations about cases are always free.

October 27, 2008

North County Cities Ranked for Traffic Safety

Car accident injury and fatality statistics from 2007 were released yesterday by the California Office of Traffic Safety, and show a wide disparity among Northern San Diego County cities.

Escondido seemed to fair the worse, ranking third highest among 52 cities of similar size in alcohol-related accidents per vehicle mile. Faring better was Carlsbad, who ranked 41st lowest in the same category. The ranking are based on the number of people injured or killed in automobile accidents each year.

The purpose of the study was to assist cities in identifying problems with traffic safety, and to help the state in assigning federal tax dollars to the cities that need it most.

A copy of the study can be found here (.pdf).

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August 25, 2008

San Marcos Car Accident Claims Life

San Marcos has one of the most dangerous intersections in North County at San Marcos Blvd. and Rancho Santa Fe Road. But just about a half-mile west is another dangerous intersection at San Marcos Blvd. and Acacia Rd., which sits at the bottom of both an eastbound and westbound dip, causing drivers to approach the intersection at a high rate of speed.

17287323_240X180.jpg A few years ago there was a lawsuit arising from an auto accident at that intersection, and yesterday a 19-year-old Encinitas man was killed while riding as a passenger in a 2004 Jeep Loredo that, according to reports, was speeding on San Marcos Blvd. The Jeep was traveling eastbound, and ran a red light at Acacia. The Jeep seriously injured the driver of car trying to turn left onto westbound San Marcos Blvd. Hopefully, the injured (and apparently innocent) driver of that car makes a full recovery.

More on the accident can be found here.

UPDATE [8/30/08]: It is being reported in the North County Times this morning that the driver that ran the red light has been arrested for manslaughter and drunk driving. The woman who was hit in the intersection reportedly suffered only minor injuries.

For a free consultation about any San Marcos personal injury matter, call the San Marcos accident lawyers at Walton Law Firm LLP at (760) 607-1325.

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July 18, 2008

Personal Injury - Do I Need A Lawyer?

One of the most frequent questions Walton Law Firm gets from potential clients is, "Do I need a lawyer?" While there is no set answer, here are some general guidelines. You probably need a lawyer if:

1) You need more than one doctor visit to treat your injuries. Generally, if your injuries are such that you require two or more doctor visits or physical therapy, in addition to incurring medical bills, you are going to miss some work. When the bills start mounting and medical insurance gets involved, you probably need a lawyer.;
2) You're in a car accident and your vehicle sustains over $1,000 in damage. Generally, the higher the amount of damage to the car, the higher the forces transferred to the occupants. Of course there are exceptions to this so the amount of damage to a vehicle alone is not a determinative factor.; or
3) The other party denies responsibility for the accident. If the other party was at fault but denies it, you will definitely need an attorney as their insurance will likely not settle without a fight.

If you've been in an accident which meets one or more of the three criteria above, please do not hesitate to contact Walton Law Firm for a confidential and free consultation. If you're going to need a lawyer, it's better to get them involved earlier rather than later.

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July 13, 2008

Fewer Car Accident Deaths Attributed to Rising Fuel Prices

A decline in auto accident deaths may be attributed to the increase in fuel prices, a new study shows. The report was released last month at a meeting of the American Society of Health Economists.

The study found that for every 10% increase in gas prices, there was a 2.3% decline in automobile accident fatalities. Surprisingly, there was a greater decrease in accident deaths for drivers ages 15 - 17, which was 6%, than for drivers 18-20, which was 2.3%. The auto death statistics were acquired from the National Highway Safety Administration.

The study's authors believe that the number of auto-related deaths will decrease by 1,000 each month that gas prices continue to rise. There are approximately 40,000 deaths every year resulting from car crashes.

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June 9, 2008

Car Accidents on the Rise in San Diego's North County

More people, more roads, and more freeway congestion caused the number of auto accidents on North County San Diego roads to rise in 2007. Drivers looking to avoid the congestion of Highway 78, found the local surface streets no safer. Below are the top car accident locations in all the cities along the 78 corridor.

OCEANSIDE ACCIDENTS
College Boulevard and Oceanside Boulevard - 10
North River Road and College Boulevard - 7
Mission Avenue between Butler Street and Amick Street - 7
College Boulevard and Plaza Drive - 6
College Boulevard and Via Cupeño - 6
Oceanside Boulevard and Melrose Drive - 6
College Boulevard and Barnard Drive - 5
El Camino Real and Vista Way - 5
Mesa Drive and College Boulevard - 5
Oceanside Boulevard and Rancho del Oro - 5

CARLSBAD
El Camino Real and La Costa Avenue - 28
El Camino Real and Palomar Airport Road - 27
Armada Drive and Palomar Airport Road - 15
El Camino Real and Marron Road - 15
Alga Road and Aviara Parkway - 14
El Camino Real and Faraday Avenue - 14
Palomar Airport Road and Paseo del Norte - 14
Carlsbad Village Drive and Harding Street - 13
Cannon Road and El Camino Real -12
Car Country Drive and Paseo del Norte - 12

VISTA ACCIDENTS
Escondido Avenue and Hillside Terrace - 26
Melrose Drive and Vista Way - 15
Santa Fe Avenue and Vista Village Drive - 15
Emerald Drive and Vista Way - 15

SAN MARCOS ACCIDENTS
Rancho Santa Fe Road and San Marcos Boulevard - 41
Grand Avenue and San Marcos Boulevard - 24
Business Park Drive and San Marcos Boulevard - 17
Knoll Road and San Marcos Boulevard - 17
Descanso Avenue and Rancho Santa Fe Road - 16
San Marcos Boulevard and Twin Oaks Valley Road - 16
Via Vera Cruz and San Marcos Boulevard - 16
Bent Avenue and San Marcos Boulevard - 15

ESCONDIDO ACCIDENTS
Washington Avenue and North Broadway - 17
East Valley Parkway and Midway Drive - 16
Lincoln Avenue and North Broadway - 16
El Norte Parkway and Centre City Parkway - 14
East Valley Parkway and Rose Street - 14
East Mission Avenue and Ash Street - 13
Mission Avenue and Fig Street - 13
Washington Avenue and Ash Street - 13
East Valley Parkway and Harding Street - 12
East Valley Parkway and Ash Street - 12
Centre City Parkway and Mission Avenue - 12

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