San Diego Injury Law Blog

Our San Diego truck accident lawyer was saddened this week to read reports of yet another deadly crash on our area highways. This latest San Diego truck crash struck last night on Interstate 805. According to reports in the San Diego Union-Tribune, the crash occurred just past 10 p.m. on the highway’s southbound lanes just south of Clairemont Mesa Boulevard. It involved a small sedan and a Federal Express semi with two trailers being pulled.

The California Highway Patrol reported that the accident is still being investigated, however a few early details are known. It seems that a Federal Express semi truck somehow T-boned the car. The car suffered significant damage, with the impact occurring on the passenger side of the vehicle. The broadside impact caused the car to spin off the roadway; the tractor-trailer eventually made its way to the center divider of the freeway. As is often the case, this San Diego Fed-Ex crash was deadly. A front seat passenger, 56-year old Thoy Insixiengmay as well as a woman in the back-seat of the car, 59-year old Tem Thirakul were both killed in the collision. The driver has yet to be identified; however, she was taken to Sharp Memorial Hospital in serious condition. All of the victims are thought to be from the San Diego area.

Our San Diego trucking crash attorney knows that so many of these collisions involving semi-trailer end up causing severe injury and death. It is no surprise that these large machines are capable of severely injuring those in the smaller vehicles around them, particularly when traveling in high-speed areas like freeways. The immense risks associated with these collisions make it imperative that truck owners and operators do everything possible to ensure that there are no lapses of safe driving practices.

Authorities are still investigating this crash to better understand what went wrong. When these incidents strike, there are usually a variety of legal issues to be considered. Any potential liability will likely depend on different facts such as the speed of the truck at the time of the incident, the condition of the weather, the specific reason that the car spun out, and similar issues. In addition, it will be important to determine if there were any problems with the roadway at the time and if both involved vehicles were in proper working order. While it is usually a combination of personal mistakes on the part of drivers that lead to crashes, other parties may also play a role. For example, those who provide maintenance to a vehicle may be liable for mistakes that their negligence causes. Similarly, public bodies charged with maintaining roadways safely may bear responsibility if any problems are found with the road structure, its signage, and other road maintenance issues.

No matter what the investigation uncovers, all those involved in this incident and their families should be sure that their interests are protected. It is vital that a San Diego truck accident lawyer be consulted. The attorney can explain how the law applies in this situation and reveal what options are available to the victims following the tragedy.

See Our Related Blog Posts:

San Diego County Truck Accident Kills Two on Interstate 10

Woman Seriously Injured When Dump Truck Runs Red Light

A lawsuit was filed against a big-rig driver and his employer after the death of a 47-year-old cyclist. The complaint alleges that the driver, Gabriel Vera, was driving the truck negligently when he struck cyclist Lauren Perdriau Ward. According to news accounts, this is the third fatal accident Vera has been involved while working.

Interestingly, a CHP investigation into the accident concluded that Ward and not Vera, was responsible for the accident, finding that Ward made an unsafe turn into the bath of the truck.

Earlier this year, Vera and Randazzo Enterprises, his employer, paid $1.5 million to settle a different wrongful death lawsuit involving Vera. The investigation report into that accident also found that Vera was not at fault (but lawyers must have proven otherwise). Ward's family intends to the same.

In a statement announcing the lawsuit, attorney John Feder said: "While the CHP was conducting its investigation, we brought in scientists and other experts to evaluate the circumstances surrounding Lauren's tragic death, and the team disagrees with the CHP's conclusion as to the cause. As a result, (her husband) Bob and the Ward children would like a jury to hear the evidence and decide."

Many people do not realize that the written police report in an accident of any kind is hearsay. Accordingly, the investigation report by itself is not admissible to prove or disprove liability. The case must be proven independently, without regard for the police findings. And in many cases, due to time, training, and funding, the law enforcement investigators will reach erroneous conclusions.

Source: Mercury News

The San Diego car accident lawyers at Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, wrongful death claims, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or locally at (760) 571-5500 for a free and confidential consultation.

An empty dump truck ran a red light on Monday and broadsided a small compact car, seriously injuring the woman driving the car. The accident occurred at SR-163 off-ramp to Kearny Villa Road.

According to witnesses, the woman entered the intersection on a green light, when the dump truck flew through the intersection, running the red light. The victim, 39, was taken to the hospital with serious injuries.

News reports do not state whether the dump truck driver was cited in the accident, or what may have been the cause. In these accidents, it is usually the inattentive and negligent driving on the part of the truck driver. The other, less likely cause, is some defect in the truck.

Source: San Diego 6

The San Diego personal injury attorneys at Walton Law Firm represent individuals throughout the region who have been injured in all types of accidents, including auto accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or local at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

There is a great story in the L.A. Times today about an out-of-work and homeless plumber named Stephen Schulman who was run over by a large delivery truck while sleeping near a dumpster. His legs were crushed, and in a great scene, he checks himself out of the nursing home where he is recuperating and spends a day, riding busses, and limping across Los Angeles County to confront the trucking company owner about his injuries:

He climbed the concrete steps into a bungalow office. Sweat poured down his frame, slight but for his potbelly. His wounded foot felt like it might give out, but this was his moment, the one he had been waiting for. He faced the company owner.

"One of your truck drivers ran me over," he said.

Schulman expected an apology — and compensation. The man stared in apparent disbelief. Then he burst out laughing.

Schulman recalls the sting of what he heard next: "The only way you're going to get anything is to sue me."

He could hear their laughter as he limped away.

Well Schulman did sue, but it wasn't easy. In a stroke of luck, he met attorney Gary Casselman the courthouse one day and the two struck up a relationship. Casselman, an experienced personal injury lawyer, agreed to take the case, and, as you can probably guess, things worked out for Schulman.

Take a look at the story. It's a good example of how the system works, and why the contingency fee is so integral to our justice system. Without a fee arrangement where lawyers can get paid on the back end, people like Schulman - and countless others - would never get the justice they deserve.

Source: Los Angeles Times

The personal injury lawyers at Walton Law Firm represent individuals who have been injured in all types of incidents, including auto accidents, worksite injuries, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (866) 607-1325 for a free and confidential consultation.

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.

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.

A big rig truck crashed on eastbound Interstate 8 last night, claiming the lives of the driver and his passenger. According to witnesses, the truck was traveling down a fairly steep decline under the speed limit when, for reasons unknown, drifted to the right shoulder and slammed into the dirt slope on the side of the road. The truck burst into flames upon impact, killing the occupants immediately.

The cause of the accident is currently under investigation, and it is still unclear if the accident was caused by driver negligence or whether the truck malfunctioned in some way. Anyone with information about the crash is encouraged to contact the Imperial County office of the California Highway Patrol.

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Source: San Diego Union Tribune

The San Diego truck accident lawyers at the Walton Law Firm represent individuals and families who have been impacted in all types of trucking accidents. Call (760) 607-1325 for a free consultation.

The driver of a Lexus sedan was killed this morning when his car was crushed by a big rig truck that rolled over on Interstate 5. According to reports, Gustavio Gracia, the driver of the Lexus was transitioning from the I-5 to SR 78 east, when the semi tractor trailer rig rolled over on top of the Lexus. Garcia suffered major head injuries and died at the scene.

The I-5/SR 78 exchange remained closed for five hours as the crash was investigated. The cause of the crash is still unknown, and the 1996 Freightliner will undergo a complete inspection to determine if malfunctioned.

Drugs or alcohol are not believed to have played a role in the big rig crash.

Source: SignOnSanDiego

The personal injury lawyers at the Walton Law Firm represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, property injuries, and other negligence related injuries. Call (760) 607-1325 for a free consultation.

MSNBC is out with an article about the dangers posed by heavy, drowsy truck drivers. Apparently a growing number of trucking firms are screening drivers who are considered at risk for sleep apnea, and then pay to monitor and treat divers who have the condition.

Sleep scientists at Harvard University have renewed a call for federal regulations that requires mandatory testing of all obese drivers. These researches believe that there is a strong link between obese drivers and truck crashes that kill more than 5,200 and injure over than 100,000.

“Screenings of truck drivers will be ineffective unless they are federally mandated or required by employers,” said researcher Dr. Stefanos N. Kales.

There have been numerous reports of truck accident fatalities due to drivers with sleep apnea. In May 2005, a Kansas mother and her 10-month-old child were killed when a truck collided with their SUV, and a Tennessee Highway Patrol officer died in 2000 when a truck struck his police car as he guarded a highway work zone. The drivers of both we known to have suffered from sleep apnea. Some studies state that nearly one in three drivers has sleep apnea, and that sleep apnea increases the risk of an accident by two to seven times.

Federal regulators have been considering a new regulation for more than a year that would require screeing drivers whose body mass index exceeds 30. No action has yet been taken on the new rule.

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

Interstate 5 was closed for a period yesterday when a box truck rear-ended a slow-moving big rig in the Camp Pendleton area. The driver of the truck, 49-year-old Henry Wei of Rosmead, was pronounced dead at the scene.

According to witnesses, Wei was traveling at freeway speed when it plowed into the big rig, which was slowing as it approached the Border Patrol inspection station. Witnesses say that there was no evidence that the box truck braked at all before rear-ending the truck ahead. The cab of Wei's truck was crushed, and it took two hours to remove his body.

That Wei did not brake raises interesting liability questions. Either he was not paying attention to the road in front of him - which is fairly commonplace in this day cell phones and texting - or there was some sort of mechanical problem with his truck, which investigators are looking into. It would be interesting to know the age and maintenance history on the truck Wei was driving to learn if the truck was unable to stop because of mechanical issues.

The accident and injury lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California who have been injured in automobile accidents, truck accidents, product defect cases, work site accidents, dog bites, and other accident cases. Call (866) 607-1325 or complete our online form for a free and confidential consultation.

A tour bus on its way to Colton from San Diego crashed into a freeway median yesterday, critically injuring eight people. According to reports, the bus hit the center divider on the northbound I-215 near Temecula, at the Nuevo Road exit. The bus then crashed through another barrier before coming to rest in the backyard of a private residence.

As many as 45 firefighters responded to the accident, including three helicopters and nine ambulances. Rescuers had to free several passengers who were trapped in the back of the bus, and it took more than an hour to free everyone. The most seriously injured passengers were those riding in the front of the bus.

The tour bus was owned by a charter company called Inland Empire Stages, of Rancho Cucamonga, which, according to records, had two vehicles involved in other crashes over the last 30 months. The cause of the accident is still unknown.

Here’s a KTLA video about the accident:

The Temecula injury lawyers at Walton Law Firm LLP represent individuals and families who have been injured in accidents, including car crashes, motorcycle accidents, bicycle accidents, construction accident, and all other personal injury matters. Call (866) 607-1325 for a free consultation.

The California Highway Patrol is out with a report today designed to educate drivers on traffic safety when in proximity to a big rig truck. According to the report, of the 7,262 accidents involving commercial trucks last year, 56% were the fault of the driver inside the passenger vehicle, such as a car, pick-up or other non-commercial vehicle.

In Orange County, 616 people were injured in 452 accidents involving big rigs in 2007, including 17 fatalities. In San Diego County, 349 people were injured, with 19 fatalities. And in Riverside, 477 people were injured, including 24 fatalities. To read the full report, click here (.pdf)

The injury and accident attorneys 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.

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.

A 28-year-old Palm Desert man was killed today when the car he was riding in rear-ended a big-rig truck. The driver of the car was arrested on suspicion of driving under the influence of alcohol.

According to the CHP, the accident occurred at approximately 1:15 a.m. on westbound I-10, near Dillon Road, when the 2007 Mustang failed to slow in time and plowed into the large truck. Apparently the driver of the commercial truck was uninjured.

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The Riverside car accident lawyers at Walton Law Firm LLP represent individuals and families who have injured in all types of accidents. All consultations are free and confidential.

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).

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.

Studies show that hundreds of deaths and injuries on the highway each are caused by truck drivers suffering from medical problems behind the wheel. The Federal Motor Carrier Safety Administration admits that it hasn't implemented any of the eight recommendations regulators proposed in 2001. The number of trucking crashes has been described as a "major public safety problem," and impacts drivers in every state.

The leading cause of serious accidents by large trucks occurred where drivers fell asleep, suffered heart attacks or seizures, or otherwise became impaired because of a medical condition. The FMCSA medical oversight board states that trucking accidents are one of the biggest causes of occupational death in the US, and is urging more doctors visits for truck drivers.