San Diego Injury Lawyer Blog

An unidentified woman was rescued from her overturned car around 11:10 a.m. on August 28, 2010, and was immediately rushed to a nearby hospital with injuries. According to the San Diego Fire and Rescue Department, the exact reason of how the woman’s vehicle flipped near the intersection of 54th Street and Chollas Parkway in Chollas Creek was unclear.

San Diego Fire and Rescue Department officer said that traffic was blocked from the intersection where police were conducting an investigation to determine why the vehicle rolled over.

If the car overturned due to any mechanical failure or an unkempt road, then the automobile manufacturer or the authorities responsible for maintenance of the road might be held liable to pay a compensation for the injured victim’s medical costs and pain and suffering damages. As with any person who has been injured in an auto accident, the injured woman would be wise to consult with a San Diego personal injury lawyer who can advise her of legal rights and help her get a fair compensation.

We sincerely hope and pray that the injured victim recovers to her complete health soon.

Continue reading "Woman Rescued from San Diego Rollover Auto Accident" »

Often times, people who have had their car damaged in an auto accident do not take pictures of their property damage, instead leaving it to the insurance company (either theirs or the at-fault driver's) to document.

Do not fall into this trap!

It is always important to maintain control over any and all evidence that will help your case. The reason why is because you do not want to risk the possibility that the insurance company, in an effort to dampen the evidence against their insured, will use a photo editing software like Adobe Photoshop to alter pictures of your vehicle thereby giving the impression that the traffic collision was not so severe.

Photoshop is a program that can not only reduce shadows, alter colors, but it can also distort images through elongation and airbrushing. Here is an example from an Ann Taylor catalogue where the website retouched the photo to make the model look thinner:

If trained professionals can reduce the diameter of a woman's stomach, torso, and legs, what do you think they can do to that dent in your car's bumper? Photoshop is a very useful tool in the hands of the insurance company to make small, but significant collisions seem as if no property damage was incurred.

Now, the Courts are realizing that today's digital images are not the old photographs of old--they can be altered on the fly and very easily. Recently in the criminal case People v. Khaled, the appellate court ruled that a red light traffic ticket must overturned due to a conviction based upon unsubstantiated photographs taken by a camera at an intersection. The Court ruled that where the prosecution failed to lay the foundation for the photographs by submitting testimony establishing when and how the photographs were taken and that they were not altered. The Court ruled that the hearsay rule will exclude the evidence barring testimony laying out this foundation.

It is good that the courts are finally starting to recognize the ease to which photographic images can be altered and that the old business records exception to the hearsay rule cannot by itself allow for the introduction of photographs into evidence. However, what this should mean to you and to any other member of the public , is that it is better not to even give the insurance company an opportunity to alter photographs of your vehicle. The only way to do so is to make sure that you have taken pictures of your car so that you can keep the insurance company honest.

Ronald Troyer, 67, a suspected drunken, injured three teenagers who were walking on the sidewalk in La Jolla on August 21, 2010 around 6:30 p.m. San Diego authorities reported that the three teens, Alani Agurre, 14, Miles Ploger, and Ian Brininstool, whose ages are not known, were walking on La Jolla Boulevard when a speeding Chrysler New Yorker hit them. Two more teenagers walking with them fortunately escaped unhurt.

Alani Agurre was carried for about twenty yards on the top of the car’s hood before he was thrown into the glass window of Cass Street Café and was pinned underneath the car. Agurre sustained serious injuries, including a broken arm and a broken pelvis. All three of the teenagers were immediately transported to a local hospital for treatment.
Troyer was arrested later and charged with felony drunk driving causing injury. A complete investigation is being carried out to know the exact cause of this crash. Troyer has history of drug and alcohol abuse. It will not be a surprise if he is found to be driving under the influence of any one of these.

Under California law, it is unlawful for anyone to operate a motor vehicle under the influence of any drug or alcohol per California Vehicle Code Section 23152(a). Therefore, the injured teenagers are entitled for a compensation to cover the cost of treatment of injuries, cost of hospitalization, and other related damages. Unfortunately, the magnitude of the injuries is very high in this accident. Troyer, who has a history of past drunk driving arrests and is believed to be homeless, probably does not have adequate insurance to pay for the injuries he has caused. The children’s families would be well advised to confer with an experienced San Diego personal injury attorney.

Continue reading "Three La Jolla Teens Hurt By Suspected Drunk Driver in San Diego Pedestrian Accident" »

What happens if you are involved in a car accident in California and the at-fault driver's insurance company takes recorded statements of witnesses to the accident? Can you review them during your personal injury lawsuit?

The California Court of Appeals recently ruled in the case of Coito v. Superior Court that such statements are discoverable and must be turned over to the other party. You can read more about this important California personal injury case law here.

A 5 year-old toddler, Jose Sadino, was seriously injured in a dog attack at a Newhall apartment complex on June 11, 2010. According to the news stories, a vicious pit bull jumped out of a window and started attacking Jose who was playing with other children outside the apartment complex. Sadino’s mother, along with a few neighbors, intervened and made the dog go away. Los Angeles Sheriff’s officers took the pit bull into custody to determine if it had a prior bite history and whether the owner will face any criminal charges.

Jose Sadino sustained serious injuries, but thankfully none of them are expected to be life threatening. The owner of the pit bull may be held liable for the injuries caused and may have to compensate for the expenses involved. Clearly, the owner should have made sure that the pit bull was securely tied and that it was restrained. Dog owners have an absolute duty to make sure that their animals do not injure or kill others. Further, in a civil justice context, dog owners can be held strictly liable for any damage or injury caused by their dog.

We sympathize with Jose Sadino’s family and wish him a complete recovery soon. We hope that his wounds heal and that his scars, if any, can be treated and minimized. Jose Sadino’s parents can seek compensation for their medical expenses and suffering from the pet owner if this accident occurred due to his/her negligence. People who are injured in a dog attack need to know that they have certain legal rights that could help them come out of the accident, financially.

Continue reading "Newhall Toddler Seriously Injured In Dog Attack" »

Yesenia Mitre, 25, collided with a firefighters’ truck and left four firefighters injured. The truck was on its’ way to answer a medical emergency on the morning of June 13, 2010. According to reports, Mitre drove out directly in the lane of traffic the fire truck was travelling in close to Alpine in eastern San Diego County. Due to the collision, the fire truck lost control and hit a pole.

According to the San Diego 6 news report, Mitre was driving under the influence and was arrested. The four firefighters sustained serious injuries while Mitre sustained a broken wrist.

It is indeed an unfortunate thing that due to the negligent and intoxicated driver, the four firefighters were badly injured. It is absolutely insane that instead of giving way to the emergency truck, Mitre drove right into its path. Mitre will most likely be found to have violated California Vehicle Code Section 23152(a) which states that “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” Under California law, it is also illegal to drive a vehicle with a blood alcohol content of 0.08 percent or higher.

Continue reading "Driver Under the Influence Collides with San Diego Firefighter Truck" »

A 74 year-old woman sustained serious injuries in a pedestrian accident on June 15, 2010 when she was hit by a Nissan Sentra. According to the news report submitted in the Orange County Register, the injured pedestrian was walking with her dog in the 3100 block of Yorba Linda Boulevard in Fullerton when she was struck by the car.

Police officials stated that the injured lady might have stepped into the westbound lanes to go around the car, which was coming out of an apartment complex driveway. The injured woman was taken to a nearby hospital where she was treated for her injuries.

We wish the injured pedestrian a speedy and complete recovery and hope that her injuries are not life threatening. Normally, California law holds that drivers must give the right of way to pedestrians in marked crosswalks and at an intersection. Under California law, an intersection is any place where two streets come together at a right angle. However, even given these protections (which are set forth in California Vehicle Code Section 21950) does not relieve the pedestrian from exercising reasonable care for his safety.

Continue reading "Pedestrian Injured In Orange County Car Crash" »

The New England Journal of Medicine recently published an essay where the writing doctor recommended that family doctors begin asking their patients whether they text and drive or talk on their cellphones while driving.

The San Diego car accident lawyers at the Jurewitz Law Group take a look at the essay here.

A SUV driver was arrested and charged with hit and run causing injury on June 13, 2010, after he hit a sedan, leaving the occupants inside injured. According to the California Highway Patrol, this car crash occurred near Orangethorpe Avenue close to the northbound 57 Freeway (SR-57).

The SUV left the sedan in an upside down position at the incident scene and fled away from the scene. The driver of the SUV went west on Orangethorpe Avenue and was arrested as he drove on the southbound 57 Freeway.

We offer our sympathies to the injured victims and wish for their speedy and complete recovery. Injured victims can seek compensation for their medical bills and other relevant expenses from the SUV driver if he is determined to be negligent in causing this traffic accident. Regardless, it is inhuman to leave someone injured at the scene of an accident. There is no excuse for a hit and run accident. Not only is it a violation of California Vehicle Code Section 20001(a), but it is simply morally reprehensible that someone would cause such a major accident and then leave the scene of the accident.

Continue reading "Santa Ana Hit and Run Car Collision Causes Injuries " »

Garcia Flores, 47-years old of Florida, was killed in a Santa Barbara pedestrian accident at Coast Village Road on May 27, 2010. Flores was walking across an intersection when she was hit by a mini-van.

The mini-van was driven by a 17 -year old driver who lost control of his van and struck Flores badly, throwing her more than a few feet away towards the intersection of Coast Village and Butterfly Lane, where she died immediately. The teenager told Police Officers that his van suddenly started to veer to the right, and when he tried hitting the brakes, they didn't work. He says that is when the van jumped the curb and hit Flores. Officials found drug paraphernalia and marijuana in the teen’s minivan, but it is not certain that he was under influence of any drug or alcohol.

We offer our condolences to Flores’s family and friends for such an irreparable and tragic loss. If the teenager is found to be under the influence of drugs, we hope that he is prosecuted as an adult to the fullest extent of the law. Regardless, if the accident was caused by the teenage driver, we hope that Flores’s family consults with a personal injury attorney and obtains key advice as to how to balance the scales of justice in this case. They will never be made whole—Flores is dead and cannot be brought back—but the civil justice system can at least help minimize some of the loss.

Continue reading "Florida Woman Killed in Santa Barbara Pedestrian Accident " »

A woman was injured in a tragic Orange County pedestrian accident on May 14, 2010, at El Camino Real and Avenida Pico at San Clemente, when she was struck by a car while she crossing the street. Officials reported that the car driver, who was believed to be under the influence of alcohol, hit her and fled from the scene.

The victim was immediately taken to a local hospital where she received medical treatment for her injuries. Police have described the hit and run vehicle as a Saab, but no one has been taken into custody as yet.

We hope that the driver is caught and brought to justice. There are few things worse than a person who causes a serious injury and flees the scene of the accident without helping the person they injured. Before the accident, the driver was facing a driving under the influence criminal charge. Now, after leaving the scene, the driver is now about to be charged with felony drunk driving and hit-and-run with injury. California Vehicle Code 20001(a) requires those responsible for causing an accident to remain at the scene until authorities arrive, to exchange insurance and contact information, and to assist the injury victim.

Continue reading "Women Injured In San Clemente Hit & Run Accident " »

A dog bite attack in Lake Forest on May 19, 2010, left a six-year old girl seriously injured. The dog, which was described as a pit bull mix or a boxer, attacked the girl when she was playing in the driveway of her home. According to police, the dog pushed the child to ground and began biting her fiercely.

The mother of the girl was coming out of her house with her infant child and her 14-year old son at the time of the attack. Despite her efforts and the help of a neighbor, the dog would not let go until her older brother jumped on the dog and punched it until it let go. The mother took all her children inside only to emerge with a handgun and began chasing the attacking animal. She chased the dog and shot it while it was on the porch. The dog survived the gunshot, but thegirl sustained serious personal injuries including several bites on her leg, body, and face. The Police are currently looking for the dog owner to investigate why the dog was acting violently and why he was off leash and unsupervised at the time of the accident.

We hope that the young girl comes out of the shock and pain that this vicious attack and is not left with severe physical and emotional scars. Dog bite attacks can be extremely traumatic to anyone—people are hardwired to generally like dogs and it is scary when they turn and injure a person. However, as traumatic as it is for an adult, it is infinitely more traumatic for a child. Dog owners need to know that under California’s Dog Bite Statute, they are strictly liable for any damage or injuries that their dog causes to another person provided that the injury victim is lawfully on the property at the time of the attack.

Continue reading "Orange County Girl Injured In Vicious Dog Bite Incident " »