San Diego County Personal Injury Lawyer - Automobile Accidents

Crazy Encinitas Car Accident is Like Law School Exam

Walton Barber, LLP — Thu, 10 Jul 2008 10:17:30 GMT

All law students are required to take a class called Torts, which is basically the wrongs that can happen in society such as car accidents, assaults and batteries, malpractice, etc. As part of that class, law students are taught the concept of causation. That is, when there is a sequence of events, can you really blame the person who started the sequence, for all the harm caused by it, even if it the ultimate harm was unforeseeable and unlikely? The famous case is called Palsgraf, a 1928 case (click here for a little primer on causation).

A Palsgraf-type accident occurred yesterday at an Encinitas car wash. In the afternoon, a car wash employee lost control of a customer’s Jeep. The Jeep struck a customer putting money in a tip jar, then hit a Honda Civic, which was pushed into three people standing nearby. The Honda then spun out of control and hit an electrical transformer, knocking it off its base and catching fire. The fire then spread to the Honda and the Jeep, catching both vehicles on fire. The Jeep then rolled out the driveway and hit a parked Mercedes. Nine businesses in the area then lost power.

Thankfully it sounds like no one was seriously injured. But it raised the question: Is the car wash liable for all the damage? Including the Mercedes? The answer is Yes (unless there are some facts that we don't know about). We always thought Palsgraf was a once-in-a-million event. In Encinitas yesterday it appears the million was up.

Originally posted at InjuryBoard by Walton Barber, LLP

Car Strikes Good Samaritan in Carlsbad

Walton Barber, LLP — Tue, 08 Apr 2008 17:51:17 GMT

Early Monday morning on the I-5 in Carlsbad, the driver of Chevy Cavalier lost control of her vehicle and broadside Mitsubishi Eclipse that was disabled in the fast lane after being involved in a minor car accident.

This sad story doesn't end there. Apparently, a Good Samaritan had stopped to help the woman in the disabled car, and, as he was helping the female driver of the disabled car get off the freeway, the man providing assistance was struck by the Cavalier and severely injured. The woman driving the Cavalier was also injured.

Police said that neither drugs nor alcohol were involved in the crash, but it raises awareness about the perils of helping those disabled on the freeway. Despite one's best intentions, it is advised to use extreme caution when attempting to help someone who has broken down on the freeway, and one should do so only if it can be done safely. A better decision is to call 911 to let police know of the problem.

Originally posted at InjuryBoard by Walton Barber, LLP

Three Pedestrians Killed in Separate Accidents

Walton Barber, LLP — Fri, 08 Feb 2008 09:21:50 GMT

It was a tragic day for pedestrians in San Diego County yesterday. In three separate incidents, all occurring within one hour, a pedestrian was hit by a car and killed.

The first accident occurred on Friars Road just after 6:00 p.m. when a 54-year-old man waked into westbound traffic and was struck by a late model Mercedes. Only a half hour later an SUV struck and killed a man near the rodeo grounds at Highway 67. Remarkably, a half hour later another pedestrian was struck and killed on Sweetwater Road near Olive Street.

Investigations are ongoing with regard to who was at fault for the incidents.

Originally posted at InjuryBoard by Walton Barber, LLP

Motorcycle Accident Fatality Caused By Negligent Driver

Walton Barber, LLP — Tue, 29 Jan 2008 13:41:03 GMT

San Diego police are reporting that a van made an illegal u-turn in front of motorcyclist Robert Reed yesterday, causing the motorcycle and the van to collide. The motorcycle accident occurred on Valley Road near Plaza Bonita Center Way in the afternoon. Reed, a San Diego resident, died as a result of the accident.

Accident investigators may seek vehicular manslaughter charges against the driver.

Originally posted at InjuryBoard by Walton Barber, LLP

Veteran PGA Caddie Struck and Killed in Del Mar

Walton Barber, LLP — Thu, 24 Jan 2008 11:31:55 GMT

Popular PGA caddie Steve Duplantis was struck and killed in a pedestrian vs. auto accident as he stepped of the center median of a Del Mar street and was struck by a taxi. Duplantis was in the area to caddie in the Buick Invitational at Torrey Pines.

According to reports, Duplantis was an excellent caddie with a reputation as person who liked a good party.

"Never want to hear anything like that about someone you know," said Jim Furyk, who worked with Duplantis for 4Â½ years and won four times with him. "He was a very likable person. He had a way about him and a charisma. He went through a lot of different bags out here. But you always rooted for him and always wished him well."

Friends remember Duplantis as a devoted father, but also as one with a reputation for excessive partying. Tommy Armour III, who Duplaintis caddied for in 2003, was saddened by the accidental death by not surprised.

"Am I shocked by this? No," Armour told the AP. "I tried several times to get him some help. And I told him in 2003, 'Bud, if you don't change, you're going to die a tragic death.' "

Duplantis was only 35 years old and leaves behind an 11-year-old daughter. His fellow tour caddies are taking up a collection to have his body flown to his home in Toronto for burial.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Walton Barber, LLP

North County Motorcycle Fatalities Follow U.S. Trend

Randy Walton — Sun, 23 Dec 2007 08:07:12 GMT

Yesterday another person lost his life in a motorcycle accident. This time it was in Ramona, but I have been noticing more and more motorcycle fatalities in the local paper and wondered if I am just noticing more, or whether there are actually more. Well, according to a recent study, the number of motorcycle deaths in North County this year was unprecedented.

As of December 22nd, the CHP has investigated 15 motorcycle crash fatalities in Northern San Diego County. There were only eight last year, and four the two years before that.

Law enforcement can't explain the increase, but apparently the North County increase in fatalities follows a national trend.

The number of people riding motorcycles, especially baby boomers, has grown, but the number of fatalities has increased at a far more alarming rate, according to the National Highway Traffic Safety Administration.
Last year, motorcycle fatalities made up 11 percent of all traffic deaths nationwide, compared with 5 percent in 1997, the organization reports.

Authorities blame the rise in deaths on several factors, such as inattentive motorists and rider inexperience.

Much of the blame has been placed on the motorcyclists themselves, whether it's inattentive driving or inexperienced riders. Of the 15 deaths this year, the motorcyclist was determined at fault in 11 of them. And the culprit in those 11 is usually speeding. Interestingly - but probably not surprising - two groups have been identified and being the victims of most of these motorcycle accidents - young Marines and older riders.

Originally posted at InjuryBoard by Randy Walton

Limousine Crash Injures Six

Walton Barber, LLP — Wed, 19 Dec 2007 16:35:06 GMT

We're continually advised this holiday season to have a designated driver if we plan on drinking away from home. Unfortunately that didn't help a car full of limousine passengers who were broadsided by a drunk driver in San Diego on Sunday.

According to San Diego police this unfortunate motor vehicle accident occurred in the following way:

The limo was being driven by a 21-year-old man at about 8 p.m. on Morena Boulevard when he began making a turn onto Jellett Street. Officials said the limo driver saw a vehicle rapidly approaching northbound on Morena Boulevard and stopped before completing the turn, believing the approaching driver would go around the limo.
The 37-year-old driver, however, slammed into the limo, authorities said. He was seriously hurt and suffered internal injuries in the wreck. Five of the six passengers in the limousine were also hurt. Two of them are being treated for skull fractures, according to police.

As you probably expected, the northbound driver was intoxicated. Too bad he didn't follow the lead of the people he injured and find someone sober to driver. Fool.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Walton Barber, LLP

Been in a Car Accident Because of the Rain? Here's Some Advice.

Walton Barber, LLP — Fri, 30 Nov 2007 14:12:42 GMT

Friday's rain was the first significant rain in San Diego County in a long time. And when there's rain in San Diego, we know that many car accidents will follow.

Between midnight and 9 a.m. on Friday the California Highway Patrol had already logged 97 car accident incident eports. There were no fatalities, but a least two reports of serious injury, and no doubt many people banged up and bruised.

If you've been in an accident, there are numerous excellent resources for advice. One of them is InjuryBoard.com, a full-service website with helpful information for all injury victims, including those injured in car crashes.

At the InjuryBoard Auto Accident page you will find detailed instructions and solid advice on topics such as the safety and prevention of auto accidents, what to do after an auto accident, medical issues, and the legal issues that might arise. It is an excellent resource, and will set you on the right course to address the numerous medical, emotional and financial issues that can arise as a result of a car accident.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Walton Barber, LLP

Two Auto Accident Fatalities on Route 78

Walton Barber, LLP — Wed, 21 Nov 2007 14:42:14 GMT

In the last two weeks there have been two fatalities in Vista on Route 78. The first involved 37-year-old William Hansen of Oceanside who was struck after getting out of his car on the right shoulder. Hansen was hit be the driver of a silver 2001 to 2003 Honda Civic, who left the scene. Police later arrested 23-year-old Jessica Hawk for the hit-and-run accident.

The other auto accident was particularly horrific. A 38-year-old woman and her 6-year-old passenger were thrown from their Ford van just west of Sycamore Avenue on westbound 78. The woman and child were thrown into the eastbound lanes, where the woman was struck and killed by an eastbound driver. The child was taken to Children's Hospital and said to have suffered major injuries.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Walton Barber, LLP

Elderly Drivers a Growing Problem?

Randy Walton — Sat, 03 Nov 2007 08:33:36 GMT

We're all aware that the aging baby-boomer generation is creating all kinds of societal concerns such as the solvency of social security, the increase in health care costs, and the availability of nursing home care. But what about all the elderly drivers that will be on the road?

A few months about I counseled a client in her 80s who was being prosecuted for vehicular manslaughter. She had run a red light and broadsided a vehicle being driven by a teenaged girl. The girl died at the scene. It was a very sad set of circumstances, and all I could do was help this elderly woman find a good criminal defense lawyer to help her in the criminal case.

I have another client who was injured in a similar manner, when she was broadsided by a 92-year-old driver who ran a stop sign. Thankfully my client wasn't seriously injured, but she related that the elderly driver was clearly demented and was speaking incoherently at the scene of the accident.

Yesterday, I read another sad car accident story involving an elderly driver. The driver of a commercial vehicle was killed last Thursday in the Poway area when he collided a car trying to make a u-turn in front of him.

Sheriff's Traffic Investigator Todd Murphy said a 72-year-old Santee woman driving a four-door Toyota sedan was heading north, about a half mile north past Poway Road, when she either started to make a U-turn or was merging onto the road from the shoulder.
The big rig, which was carrying a load of hot asphalt, was behind the Toyota. The truck driver lost control as he tried to avoid hitting the car, and the truck then overturned at least once and went down a 30-foot embankment, Murphy said.
The driver was identified as 54-year-old Mickey Dean Jones of El Cajon. The elderly driver did not appear hurt, but, according to reports, was "incoherent" at the scene.

Now I would be speculating to conclude that age played a role in the cause of this car accident, but it certainly would not surprise me. Automobile accidents caused by elderly drivers is a issue that we should all be concerned about.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Randy Walton