San Diego Personal Injury Lawyers Blog

KTLA News, and numerous other news agencies, have reported that the lives of five people were needlessly taken last Saturday due to a "hit"-and-run crash in Ocotillo. Apparently a vehicle tried to pass a group of a dozen motorcyclists on Route 98 (a two-lane highway), forcing an oncoming car driven by 36-year old Carlos Ramirez Bobadilla of Mexicali, Mexico to swerve. Ramirez lost control of his vehicle and ran into twelve motorcyclists who were traveling in the middle of the pack.

The driver who attempted to pass the motorcycles (traveling approximately 95 mph) did not stop. Police are now looking for the car ~ a gold Honda Civic with California plates. The driver of the Civic was a man wearing a baseball cap. If you have any information about the Honda Civic or its driver, you are urged to contact local authorities.

The crash happened just before 1 p.m. this past Saturday on Route 98 in Ocotillo, near the U.S.-Mexico border, approximately 80 miles east of San Diego.

Ramirez was arrested on suspicion of DUI five hours post-crash because his breath smelled of alcohol. He sustained hand fractures in the crash. A female passenger in his white Dodge Avenger was among the five people who were killed.

KLTA reports that the others who were fatally wounded because of the crash included a married couple riding on the same motorcycle. All four of the deceased motorcyclists were part of the Saddletramps ~ a San Diego County motorcycle club. They were part of the group that had planned to celebrate the Saddletramps' anniversary with a ride in the desert. The group met for breakfast earlier Saturday morning in Lakeside, before leaving on the anniversary ride.

Legal Rights

There are many issues to be faced & dealt with, and even more to be answered following the aftermath of this devastating event. This disastrous occurrence is simply unimaginable! The victims and/or their families are in a very difficult situation and need guidance. Guidance is available in the form of an attorney who is very familiar with the issues at hand, and has many years of experience handling cases for families involved with similar tragic scenarios.

Continue reading "Horrific Ocotillo Motorcycle Crash Kills 5 & Seriously Injures Others ~" »

San Diego County law enforcement has teamed up with El Capital High School in Lakeside to show teenagers the true dangers of driving and texting through an interactive obstacle course.

A few of the high school students were asked to drive through the course one time without texting, and the next time while texting. Student Justin Garcia was the first student to drive through the course. He said it was smooth sailing for him without using his phone, but after he had to answer a text message, he hit several cones and almost missed a turn altogether. Garcia said: "It was really hard ... it's definitely going to change my mind if I text or not, so I'm not going to be texting anymore."

National Teen Safety Driving Week

October 16-22, 2011 was dedicated to raising awareness and seeking solutions to unnecessary teen deaths on the road. Established by Congress in 2007 and held annually each third week of October, the goal is to focus the country's attention on this serious issue.

More than 250,000 teens are killed each year while texting and driving.

Texting-While-Driving Accident & Injury Liability

We all know about the dangers associated with texting while driving. Even Oprah Winfrey has joined the cause, ending each of her shows with a request that her viewers sign her pledge to not text and drive. Wouldn't it be great to see ALL states implement a ban on texting while driving? Many lives would hopefully be saved and many auto accidents would probably be prevented.

Texting and driving is not only dangerous, it's against the law in California. Senate Bill 28, enacted on September 24, 2008, "prohibits a person from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication."

New legislation has been introduced that could increase the fines for sending text messages and talking on handheld cell phones while driving. On June 23, 2010, California Senate Bill 1475 was passed, which would add one point to a driver's driving record.

The bill also strengthens California's hands-free and no-texting laws for motorists. The new law also extends to bicyclists. SB 1475 now moves to the State Assembly for consideration.

Sources: 10news.com, Insurance Institute For Highway Safety, Highway Loss Data Institute

Continue reading "Dangers Of Texting While Driving ~ San Diego Obstacle Course ~" »

The U.S. Consumer Product Safety Commission (CPSC) recently joined three child safety organizations at NewYork Presbyterian/Morgan Stanley Children's Hospital to release "Safe Sleep for Babies" ~ a new crib safety video aimed at helping all new parents to avoid their babies' being suffocated, strangled, and/or and entrapped in their sleep environment. The CPSC also announced three new recalls of dangerous drop-side cribs.

The CPSC is collaborating with Keeping Babies Safe (KBS), the American Academy of Pediatrics (AAP), New York Presbyterian/Morgan Stanley Children's Hospital, and renowned journalist and mom, Joan Lunden, to educate new and expectant parents and caregivers on crib safety while they are at the hospital or visiting their pediatrician's office. The new video demonstrates how to keep babies safe and sound in bassinets, cribs, and play yards.

In addition to this education effort, CPSC's Safe Sleep Initiative includes the development of new crib standards, warnings about drop-side cribs, infant slings, and sleep positioners, and the recall of millions of cribs in the past five years.

According to statistics, cribs are a leading cause of nursery product-related deaths. About one-third of the deaths result from structural failures of the crib from missing, loose, or detached hardware. Additionally, the majority of deaths in cribs are attributed to the presence of extra bedding in the crib, i.e., pillows and comforters.

In order to create a safe sleep environment for your baby, the video urges parents and caregivers to follow the crib safety tips below:

Please visit the CPSC's Crib Information Center for more information on Crib Safety & Recalls.

Continue reading "Crib Safety For New & Expectant Parents ~" »

10News.com and SignOnSanDiego report that donations are being sought for the family of an 18-month-old boy who was struck by a suspected 17-year old drunken driver last week while being pushed in a stroller by his 50-year old grandfather in Oceanside near Lake Boulevard and Mira Monte Drive. The incident occurred at 9:21 a.m.

Little Isaiah Wallace has been in a medically induced coma at Rady Children's Hospital since the accident occurred the morning of Monday, Oct. 18th, according to the Oceanside Fire Department. The grandfather was transported to another hospital with serious injuries

The parents of the boy have no insurance to cover the inevitable enormous medical bills the boy will incur. A Chase bank account in Isaiah's name has been set up to help with the costs. Anyone wishing to donate can go to a Chase bank and deposit funds into account No. 2976220885.

Shortly before the accident, police were summoned to Oak Riparian Park to check on a disturbance among a group of teens in a Chevrolet SUV. An Oceanside police officer saw the SUV traveling west on Lake Boulevard and made a u-turn to investigate. The SUV sped off, and by the time the officer caught up to it, the victims had already been struck.

The three SUV passengers ran away after the crash, but police later found two of them, who they interviewed. It is unknown if police were able to identify the remaining passenger.

Police reported that it appears the collision occurred when the driver lost control of the SUV as he attempted to turn right into a private driveway at an unsafe speed. The SUV then crashed into a nearby house, but fortunately the home's occupant was not hurt. The 17-year-old driver was arrested on suspicion of driving under the influence and hit and run ~ both felonies. The teen was taken to juvenile hall.

DUI Statistics

It's not a question of whether a person is legally intoxicated, it's a question of whether or not it is safe to drive when one has consumed any amount of alcohol. Research shows that impairment begins long before a person reaches the blood alcohol concentration level necessary to be guilty of drunken driving.

Teenager Drunk Driving & Hit & Run Liability

California's drunk driving laws are strict on teenagers, as it can be a deadly problem. California DUI arrests trigger two separate cases: (1) in court and (2) at the Department of Motor Vehicles. The criminal case filed against California DUI defendants consists of two different statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b).

The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or "DUI" in California courts.

The second count, known as the "per se" charge, concentrates on whether the driver's blood alcohol content (BAC) was .08 percent or greater.

Personal Injury Liability

The victims (and their families) should seek legal representation from a competent San Diego personal injury attorney if they have not already done so. An attorney can properly advise them as to their legal rights and what damages they are entitled to.

Continue reading "Oceanside Toddler Seriously Injured By Teen Driver ~" »