San Diego Personal Injury Lawyers Blog

Drunk driving is one of the leading causes of auto accidents in the United States. That is why all fifty states and the District of Columbia have enacted strict drunk driving laws to deter impaired driving and punish offenders. Generally, the offense of drunk driving is defined as the operation, control, or manipulation of a vehicle, in a place accessible to the public, while under the influence of an intoxicating substance, such as alcohol or drugs. A blood alcohol concentration (BAC) level at or above .08% constitutes "per se" drunk driving in all fifty states, regardless of whether the driver's control over the vehicle is actually diminished by the presence of intoxicants in his or her blood.

Each year, nearly one-third of all crashes are classified as alcohol-impaired crashes. According to statistics published by the National Highway Traffic Safety Administration (NHTSA), almost 11,000 people were killed in alcohol-impaired crashes in 2009 - the most recent year for which comprehensive data is available. That means that someone dies every 48 minutes in the United States as a result of impaired driving. Family members of people killed in drunk driving accidents deserve compensation for the financial and emotional losses they suffer after losing a loved one.

On average, 1.5 million drivers are arrested for driving under the influence of alcohol or narcotics every year. In addition to the severe criminal penalties these drivers face, they may also be held civilly liable for any injuries caused by their reckless behavior. In some states, the individuals or businesses who served alcoholic beverages to the drunk driver may also be held legally responsible for any resulting injuries, particularly if alcohol was sold to an underage person or to a person who was obviously intoxicated at the time of sale.

Insurance companies use their vast experience and resources to obtain the lowest possible settlement in all impaired driving accident cases. That is why it is crucial to hire an attorney with experience in drunk driving accident cases in order to ensure that your rights are protected and that you receive a fair settlement for your injuries. If you have recently been injured or someone you love has been injured or killed in an accident caused by a drunk driver, you may have the legal right to obtain compensation. Drunk driving-related personal injury cases are usually quite complex. Our highly-qualified legal team at stands ready to help. Call us now at (866) 606-3059 for a free consultation regarding your case.

Continue reading "Drunk Driving In San Diego" »

10news.com reports that an Alpine woman was tragically killed when her vehicle was struck head-on by an alleged drunk driver. The crash occurred on Saturday evening at approximately 8:25 p.m. on Alpine Boulevard, east of the intersection with Dunbar Lane.

Cathrine Marie Harless was 63 years old. Sadly, her two dogs also died in the crash.

According to the California Highway Patrol, Ms. Harless's westbound vehicle was struck by a pick-up truck which had veered into her lane. The driver who crossed into Ms. Harless's lane was hospitalized and will be booked on suspicion of drunk driving when he is released.

Drunk Driving Liability Issues

Based on the limited information provided, the man who caused the crash was arrested for being under the influence of alcohol. California Vehicle Code Section 23152(a) (Driving Under Influence Of Alcohol Or Drugs) states: "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."

Wrongful Death Liability

While the fatal Alpine crash remains under investigation, the family members of the victim are advised to consult with a knowledgeable San Diego personal injury attorney. A lawyer who has represented numerous victims can help the family through this difficult time.

The facts indicate that negligence played a role in the crash, therefore, a lawyer can help the victim's family hold the tortfeasor financially accountable for their loss in a wrongful death claim. The damages that are available to the victims of a wrongful death may include compensation for funeral and burial expenses, anticipated future life-time earnings of the decedent, and loss of love, care, and companionship.

Source: 10news.com

Continue reading "Alpine Woman Fatally Wounded In Head-On Crash ~" »

Spinal Cord Injury (SCI) is damage to the spinal cord that results in a loss of function such as mobility or feeling. Frequent causes of damage are trauma (auto accidents, gunshots, falls, etc.) or disease (polio, spina bifida, Friedreich's Ataxia, etc.). The spinal cord does not have to be severed in order for a loss of functioning to occur. In fact, in most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning

Motor vehicle accidents are the number one cause of spinal cord injuries. We advise that you wear a seat belt every time you are in a motor vehicle. If children are traveling with you, make sure that they are are properly buckled into a child safety seat, booster seat, or seat belt as appropriate for their age and size.

The second leading cause of SCI is violence, most often related to the use of firearms. Keep firearms and ammunition locked in a cabinet or safe when not in use.

Prevent falls using a step stool with a grab bar to reach objects on high shelves; install handrails on stairways; install window guards to keep young children from falling out of windows; and use safety gates at the top and bottom of stairs when young children are present.

Play sports safely. Make sure to wear all required safety gear, and never engage in head-first moves, such as spearing (in football, using the helmet to tackle) or sliding head-first into a base. Avoid hitting the boards with your head in ice hockey. Insist on spotters when performing new or difficult moves in gymnastics.

These safety tips are presented in order to educate you about the inherent dangers leading to spinal cord injuries. For more information about SCI, click on our web site.

Continue reading "Preventing Spinal Cord Injuries ~" »

The Orange County Sheriff's Department reports that 22-year-old Marine Corporal Colin Newman (stationed at Camp Pendleton) was jailed on Tuesday for alleged drunk driving which caused a three-vehicle crash in south Orange County, injuring four people. The collision occurred at approximately 10:40 p.m. this past Monday at Avery & Marguerite Parkways in Mission Viejo.

Mr. Newman, driving a Volkswagen Jetta, exited the northbound Interstate 5 freeway, reportedly traveled through a red light at Avery Parkway, and then struck a Honda Element, causing it to strike a Chevrolet Cobalt. Three people trapped in the Honda Element were hospitalized with serious, but non-life-threatening, injuries. Another passenger in the Chevy Cobalt sustained minor injuries and was also taken to a local hospital for treatment. Mr. Newman escaped injury and was booked on suspicion of driving under the influence. He was held in lieu of $100,000 bail.

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.

Drunk Driving Liability Issues

Driving while drunk is a deadly problem in our nation. 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.

Continue reading "Camp Pendleton Marine Suspected Of DUI In Orange County Crash ~" »

10news.com reports at approximately 8:50 p.m. last Saturday night, a drunk driver fatally struck a 54-year-old bicyclist and also injured three other people at a liquor store in Ramona.

According to the CHP, bicyclist David B. Menea was illegally crossing Main Street near Kalbaugh Street when he was struck by a Toyota 4Runner driven by 32-year-old Suzanne Reed and thrown into the roadway. The SUV then swerved and struck a stop sign, went over an embankment, then hit a parked car which was pushed into the liquor store.

Two people in the parked car were injured, and one person in the liquor store was cut by flying glass.

The driver of the SUV was taken to Palomar Hospital then arrested.

Vehicle Versus Bicycle Issues

Bicyclists are at great risk from inattentive motorists. This is further aggravated when drivers are intoxicated. Auto accidents involving bicyclists will in most cases result in serious injuries or death. Victims or their loved ones should seek the counsel of an experienced personal injury attorney to assist them with their financial recovery.

California 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.

Continue reading "Ramona Bicyclist Struck By DUI Driver ~" »

The L.A. Times and Orange County Register have reported that two little girls are in critical condition after an alleged drunk driver drove his 1998 Chevy Suburban onto a sidewalk in Santa Ana and struck nine pedestrians. One of the two-year old girls and her mother were dragged fifty feet by the SUV that hit them Monday night at 7:45 p.m. The incident occurred on West McFadden Avenue just west of South Bristol Street in Santa Ana ~ an area crowded with shoppers and street traffic.

The driver of the SUV, 43-year old Miguel Sandoval of Santa Ana, was traveling west on McFadden when he caused his vehicle to drive onto the curb, immediately striking a woman and her daughter. Five victims required treatment. The 2-year-old girls each suffered multiple fractures but were expected to survive, according to local police. Their mother was also hospitalized with a broken leg.

Nearby witnesses quickly freed the two trapped victims, and officers who had been nearby arrived at the scene quickly. Sandoval was arrested at the scene and booked on suspicion of felony drunk driving. He remained in custody Tuesday at the jail at the Santa Ana Police Department.

Drunk Driving Liability Issues

Driving while drunk is a deadly problem in the State of California. California DUI / DWI arrests trigger two separate cases: in court, and at the Department of Motor Vehicles (DMV). The criminal case filed against California DUI / DWI 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.

Continue reading "Two Santa Ana Girls Seriously Injured By Drunk Driver ~" »

KTLA News reports that a serious accident took place in Oxnard at the intersection of Vineyard Avenue and Simon Way at 12:07 p.m. on Tuesday, August 31st. A tow truck driver slammed into a 19-year old mother who was pushing a stroller with her two young children in it. The driver was charged with driving under the influence, hit and run, and mayhem.According to investigators, the defendant was making a left turn from westbound Simon Way to southbound Vineyard Avenue on a green light when he struck Ms. Lopez and the stroller. Ms. Lopez was knocked to the ground and the stroller was pinned under the tow truck. Both children were dragged in the stroller for about one-quarter mile, and sustained serious head injuries as a result of being dragged. Witnesses were able to chase down the tow truck driver and force him to stop a few blocks away.

45-year old Mehran Khamseh of Santa Barbara appeared in a Ventura County Superior Court last Thursday afternoon, and was charged with special allegations for inflicting great bodily injury on children under five, as well having been previously convicted of a serious felony. He is being held without bail in Ventura County Jail. Jail records indicate he is being denied bail due to both an immigration and parole hold.

In the meantime, Alma Lopez, her three-year-old daughter, and her one-year-old son remain hospitalized. Ms. Lopez was reported to be in stable condition at Ventura County Medical Center, while her children remain in critical condition at Cedars Sinai Medical Center in Los Angeles.

According to a statement released by Ventura County Supervisor John Zaragoza's office, they are hoping to open an account where donations can be made for the Lopez family.

Vehicle Versus Pedestrian Issues

Pedestrians are at great risk from inattentive motorists. This is further aggravated when drivers are intoxicated. Auto accidents and tow truck accidents involving pedestrians will in most cases result in serious injuries or death. Victims or their loved ones should seek the counsel of an experienced personal injury attorney to assist them with their financial recovery.

California 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.

Continue reading "Ventura County DUI Tow Truck Driver Injured Mother & 2 Children" »