San Diego Injury Law Blog

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.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , San Diego Car Accident , San Diego Personal Injury , Wrongful Death

Bookmark:

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

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Case Analysis , Pedestrian Accidents , Personal Injury , San Diego Car Accident , San Diego Personal Injury

Bookmark:

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.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Motorcycle Accidents , San Diego Car Accident , San Diego Personal Injury , Wrongful Death

Bookmark:

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 Barber 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.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Pedestrian Accidents , Personal Injury , San Diego Car Accident , San Diego Personal Injury

Bookmark:

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.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Dog Bites , Medical Malpractice , Pedestrian Accidents , Personal Injury , San Diego Car Accident , San Diego Personal Injury , Trucking Accidents

Bookmark:

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).

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Personal Injury , San Diego Car Accident , San Diego Personal Injury

Bookmark:

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

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

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

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

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

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

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

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

Posted by Walton Barber | Permalink | Email This Post

Posted In: Construction Accidents , Pedestrian Accidents , Personal Injury , San Diego Personal Injury

Bookmark:

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.

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.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , San Diego Car Accident , San Diego Personal Injury

Bookmark:

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

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

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

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Pedestrian Accidents , Personal Injury , San Diego Personal Injury

Bookmark:

One of the most frequent questions Walton Barber 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 Barber 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.

Posted by D. Scott Barber | Permalink | Email This Post

Posted In: Auto Accidents , Personal Injury , San Diego Car Accident , San Diego Personal Injury

Bookmark:

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.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Personal Injury , San Diego Car Accident , San Diego Personal Injury

Bookmark:

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
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
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
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
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

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Personal Injury , San Diego Car Accident , San Diego Personal Injury

Bookmark: