2012 August Archive

A female pedestrian was fatally struck by an Amtrak train on August 27 near northbound Interstate 5 (I- 5) at Washington Street in San Diego around 3:25 p.m. Deputy Dawn Patterson explained that the female pedestrian was struck by the northbound train and suffered fatal injuries.

The injured victim succumbed to her injuries and was pronounced dead at the accident scene. Our law office offers our sincere condolences to the deceased family members and friends for such a heart-rending loss.

The Medical Examiner’s Office is currently trying to determine the exact cause of this fatal crash and the positive identification of the female pedestrian that died.

The Bureau of Transportation’s rail road statistics indicate that each year around 3,000 train accidents occur and around 1,000 people are killed in these accidents. According to the statistics compiled by the U.S. National Highway Traffic Safety Administration, 2,715 people were killed in train accidents that occurred in the year 2010.

Some of the most prominent cases of San Diego train accidents are derailment, train to person collision, track defects, human error, signal defects, and equipment defects.

Trains are usually considered to be a safe mode of transportation, but train accidents can contribute to inexorable injuries and fatalities. Most people are generally unaware of train accident laws, such what would apply in this particular one in which a pedestrian was involved. It is important to consult with a knowledgeable lawyer who has appropriate training to deal with such cases.

The deceased’s family members may be eligible for legal compensation for the accident-related damages and mental trauma from the railways department if the train engineer is found to be at fault.

If you have suffered personal injuries or have lost someone you love due to a train accident, the San Diego train accident injury lawyers at the Jurewitz Law Group can help you learn your legal rights and recover maximum compensation for the damages.

A pedestrian was hit and killed by a dark colored mini-van type of vehicle on August 26 around 1:45 a.m. in the 3200 block of Mission Avenue. According to Oceanside police, the pedestrian was struck by a minivan believed to be in the early 2000s or late 1990s model near Airport Road.

The motorist fled from the accident scene after hitting the pedestrian, who was pronounced dead by the responding paramedics at the scene. Our law office would like to offer our sincere condolences to the victim’s family members and close friends for such a tragic loss.

At this point, one can assume from the available information that the minivan driver was negligent behind the wheel. This fatal pedestrian accident could have been prevented if the motorist would have exercised reasonable care while driving and rendered help to the injured victim after the crash.

According to the National government statistics, more than 11% of car accidents are hit-and-run crashes. In California alone, more than 15,000 hit-and-run crashes occur each year and this contributes to approximately 200 deaths.

It is really appalling how the motorist left the pedestrian on the road, exposing him to further charges. We hope that the driver involved in this crash is soon found and apprehended. Had the driver stopped at the scene, he may not have faced any criminal charges. Now, in this case, the motorist will be held liable for a hit-and-run felony.

If you have any information about this accident, please call Oceanside police Sgt. Ken Gow at (760) 435- 4819.

In the event that you or someone close to you has been a victim of a hit-and-run, please contact our skilled Oceanside hit-and-run accident lawyers at (888) 233-5020 for a quick consultation and assessment!

San Diego was ranked number 2 in most dog attacks in 2011 by the U.S. Postal Service, which was right under Los Angeles. According to the statistics given by the U.S. Centers for Disease Control & Prevention (CDC), out of the 4.7 million Americans who are bitten by dogs each year, more than half are young children. On an annual basis, around 12 to 20 people die each year due to dog bite attacks. Here is some additional information:

• President of Prevent The Bite, a non- profit organization, says that young kids are three times more likely to be bitten by dogs as compared to adults.
• In 2011, around 30,000 plastic surgeries and reconstructive procedures were carried out on kids bitten by dogs, according to the American Society of Plastic Surgeons.
• In 2011, dog bites accounted for nearly 1/3rd of the homeowner insurance liability claims paid.
• According to a report submitted by State Farm Insurance, every year, nearly five million are either injured or mauled to death in dog bite attacks.
• In 2010, victims of dog bite attacks claimed for insurance in 369 cases and the total value of the compensation earned was up to approximately $11 million.
• Since the year 2003, dog bite attacks have increased by a startling percentage of 48%, which was reported by Insurance Institute in a report.

Severe Extent of Dog Bite Injuries

Depending on the dog bite attack, the severity of the injuries suffered by a victim can differ. In some cases, the dog bite victims may lose their hands or legs. There are some attacks that leave behind psychological damages on the victims, such as tremendous fear and anxiety of experiencing another dog bite attack. Others may need reconstructive surgeries to rebuild physical features that were altered by the attack.

Holding Dog Owners Responsible

People who have lost their loved one or have gone through a painful recovery because of a dog attack may be eligible for legal compensation from the dog owner. Dog owners in such cases might be required to pay for the medical costs, lost wages, funeral and burial costs, and all other damages due to the dog bite attack. It is the owner’s responsibility to take precaution through proper training and care of each pet to prevent dog attacks from happening.

If you or someone you care about have been injured in a dog bite attack, get in touch with a San Diego dog bite law firm that will fight for the rights of dog bite victims.

According to statistics provided by the U.S. Centers for Disease Control & Prevention (CDC), around 1.7 million people suffer from traumatic brain injuries (TBIs) per year due to different reasons. Some common reasons behind these life changing brain injuries include:

• road accidents,
• medical negligence,
• physical assault, and
• slip and falls.

The brain is a highly sensitive organ and even a minor injury can lead to a severely damaged brain or even death. Some people who suffer from major head or brain injuries are forced to endure several mental disabilities and physical disorders.

In road accidents, drivers may hurt their head from the force of the accident. Protection of the head is an important thing, which is why motorcyclists are always advised to wear safety helmets, vehicles are provided with fully functional airbags, and drivers are educated about the measures that could prevent any head injury from occurring. However, there are cases when a head injury might occur due to the fault or negligence of someone else. In this case, the brain injury accident victims may be eligible for compensation.

To file a claim, it is important to collect all the facts pertaining to the accident and assure that all the evidence is preserved in its original state because it will be much easier to prove that the other party was at fault.

Medical negligence is another cause that contributes to the startling number of head or brain injuries. In these cases, if it is found that a medical professional has been negligent in dealing with a patient, they may be held liable for the injury suffered. Depending on the circumstances, sometimes the hospital itself will also be held legally responsible.

Head or brain injuries coming from physical assault are recently increasing and these deliberate assaults to the head have proved to be more serious than an assault injury on any other body part.

Slips and falls that occur in a public place also contribute to head and brain injuries to a great extent. If a broken pavement or a wet and slippery surface has lead to a fall that resulted in a head injury, the injured victim may seek compensation from negligent parties.

San Diego brain injury attorneys help victims file injury claims and get the compensation they deserve from those where who reckless. If you or a loved one has suffered a head injury due to negligence, call the Jurewitz Law Group at (888) 233-5020 to get advice on your case.

Two years after the death of Kaitlynn Fisher, Progressive Insurance finally reached a settlement agreement with the Fisher family. Unfortunately, it took the insurance company’s name being completely tarnished as the story quickly went viral throughout the Internet.

In 2010, Kaitlynn Fisher died in a fatal car accident after a driver ran a red light and crashed into her. The driver that ran the red light, Ronald Kevin Hope III, was underinsured, which meant that his insurance coverage was not enough to cover all of the related expenses. Maryland law does not allow for victims to sue the insurance company to pay for the difference. In order for the Fisher family to collect the difference, they were forced to sue Hope for negligence and prove fault.

Kaitlynn Fisher’s brother, Matt Fisher, wrote a thorough blog post describing how his sister’s insurance company also defended the motorist that ran the red light. Progressive of course denied this claim, and then later said the defending attorney was from Nationwide. Matt Fisher replied to the insurance company by stating the defending attorney’s name as Jeffrey R. Moffat and posting clear evidence that he did indeed work for Progressive. The story quickly went viral and became a social media nightmare for the insurance company.

A spokesperson for Progressive confessed that during the trial, the company was defending their own interests.

Luckily, fault was proven against Hope and the Fisher family was awarded $760,000 plus legal fees. Unfortunately, the verdict was against Hope and not the insurance company. Progressive’s monetary settlement with the family is not confirmed, but is in the “tens of thousands” according to the Fisher family attorney, Allen W. Cohen.
The settlement is complete and the Fisher family can finally start rebuilding their lives. Our hearts go out to the Fisher family for their loss and battle with the insurance company.

Our dedicated San Diego County uninsured motorist accident lawyers at the Jurewitz Law Group fight against insurance companies to get our clients the compensation that they rightfully deserve. Call (888) 233-5020 for a confidential consultation to learn more about how we can help.

Forty-two-year-old Denise Oberlercher was struck and killed by a northbound locomotive early on August 15 in Del Mar. According to the county Medical Examiner’s Office and sheriff’s officials, the pedestrian was sitting on the tracks when she was hit by the train.

Authorities said that the warning bells and lights were activated by the train engineer, but despite this, Oberlercher did not move. However, this may not make the pedestrian fully guilty for this fatal crash. Investigation carried out by the authorities will have to reveal whether the train engineer was at fault or if there was a faulty signal that contributed to the train accident.

Although trains are typically considered to be a safe mode of transportation, train accidents can cause inescapable amounts of physical injuries and even deaths. According to the statistics provided by the Bureau of Transportation, 320 people lose their lives and approximately 1,000 suffer injuries in train accidents in the United States every year.

In most of the cases, train accidents are caused by unmaintained rail tracts, driver negligence, derailments, and inadequate safety standards. Most people are unaware of train accident laws and in cases such as this particular one, the victim’s family members are well advised to immediately get in touch with a train accident lawyer who has both comprehensive knowledge and training to deal with such cases.

The deceased’s family members may be eligible for legal compensation for the mental trauma and other accident-related damages from the railways department if the train engineer is discovered to be at-fault.

If you or someone close to you has been injured or killed in a train accident, call our Del Mar train accident attorneys at (888) 233-5020 immediately to discuss your case, learn more about your legal rights and get a just compensation.

An officer suffered a knee injury in an attempt to take speeding juveniles driving a stolen car into custody on August 15 around 12:30 a.m. in the 3600 block of Ocean View. According to the San Diego Police Department, the officer made an attempt to pull over five juveniles, but the driver did not pull over and the officer began to chase them.

The motorist crashed into two parked cars near the Imperial Ave. The driver and one passenger were captured by the officer, while three fled on foot and have not yet been captured. The officer suffered the knee injury while taking the juveniles into custody.

Our law office hopes and prays that the officer recovers from his knee injury soon and is able to go back to work protecting our community.

According to CHP’s 2009 Statewide Integrated Traffic Records System (SWITRS), 71 people were killed and 5,819 sustained injuries in San Diego car accidents. Thankfully, none of the juveniles appeared to have suffered major injuries from the crash even though they were breaking the law.

The juvenile motorist is most likely to be held liable for property damages that he/she sustained on the two parked cars, for stealing the car, assault charges on the officer, and possibly more. The three occupants that fled the scene are likely to face charges for fleeing the accident scene and their involvement with the stolen car.

Since the police officer was not hit by the vehicle, he won’t have a personal injury claim against the juvenile in relation to the car accident. The officer was injured on the job, so he may be entitled to workers’ compensation for his possible loss of wages and medical bill expenses from the injury.

The injured police officer needs to immediately get in touch with an experienced worker’s compensation attorney in San Diego who would assure that he is rightfully compensated for the injury that he got on the job. Call our professional San Diego workers compensation attorneys at 1-888-233-5020 for a free consultation of your case.

A man was struck and injured by a car in the 1500 block of Leucadia Boulevard, near Garden View Road in Encinitas, around 11:35 p.m. on August 11. According to San Diego County Sheriff’s Department’s Sgt. E. Wallace, the pedestrian sustained serious injuries and deputies that were first on the scene had to provide medical aid to the victim. The victim was then taken to a nearby hospital for treatment when fire personnel arrived on the scene.

We wish and pray that the injured pedestrian recovers completely and quickly.

According to the California Highway Patrol, 18 pedestrians were killed and 494 injured in San Diego pedestrian-auto crashes in 2009. According to the latest annual statistics for San Diego traffic accidents, 64 pedestrian fatalities occurred and 2,021 pedestrians were injured. Based on this news report, it is unclear whether the victim was in the crosswalk or crossing the roadway near an intersection during this San Diego County auto accident. It is also yet unknown if the victim was walking in a marked or unmarked crosswalk at the time he was hit. As per the law, drivers must yield the right of way at intersections and for pedestrians walking in the crosswalks.

If it is found that the pedestrian was in the crosswalk and his right-of-way was violated, then the driver might be held liable for this serious car-pedestrian crash under California Vehicle Code Section 21950, which states: “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.”

Pedestrian accident victims are usually left with hefty medical bills and other expenses. That is why it is important for victims to seek an experienced lawyer immediately to determine the exact reasons that contributed to their crash and to also get them the compensation they deserve. Call our Encinitas pedestrian accident attorneys at (888) 233-5020 for a free consultation of your case.

Unfortunately, the San Diego County Sheriff’s Department has not found any witnesses to this Encinitas pedestrian accident. If you saw or know of someone that saw this accident, please contact Deputy J. Lopez at (760) 966-3592.

Three-year-old Arthur Roan was struck by a pickup truck on August 2 around 7:25 p.m. on a Point Loma-area street. According to the San Diego County Medical Examiner’s Office, the young boy wandered away from his family’s hotel room and was struck by a Toyota Tacoma driven by a 54-year-old man near Rosecrans Street.

One eyewitness said the boy was seriously bleeding and the injured child was immediately transported to UC San Diego Medical Center where he underwent surgery to control the bleeding. Later on, the injured child was transferred to Rady Children’s Hospital where he died of his injuries. We offer our deepest condolences to the Roan family for such a tragic loss.

Lt. Andrea Brown from the SDPD public affairs stated that there were no suggestions that put blame on the truck driver. Of course, investigating officers will need to examine all the evidence to determine if there was any degree of negligence involved in the Point Loma fatal auto accident.

According to California Highway Patrol, there were 18 pedestrians were killed and 494 injured in San Diego pedestrian accidents in 2009.

Based upon a reading of Section 21950, because the pedestrian may not be 100% at fault and the driver 100% fault-free under their responsibilities set forth by California law, the family of the pedestrian may still be able to recover damages for the loss of their loved one from the accident.

The victim’s family members would be advised to consult with an experienced pedestrian accident attorney who would carefully analyze all the facts pertaining to this tragic pedestrian accident and assure that the family rights of the victim’s are protected.

If you or someone you love has been injured or killed due to a pedestrian accident, talk to the experienced San Diego County pedestrian accident attorneys to ensure that your legal rights are protected. Call the Jurewitz Law Group for a free assessment of your case at (888) 233-5020.

Sixty-seven-year-old Carlos Gomez Pantoja was struck and killed on July 29 around 1:35 a.m. on an Escondido street. According to the police, Pantoja was struck by a vehicle described as a white SUV or a gray pickup with a camper shell while he was crossing Lincoln Avenue with his family members.

The injured victim suffered a fractured arm and was transported to a nearby hospital for treatment, where he later succumbed to his injuries. We offer our sincere condolences to Pantoja’s family and friends for such a heart-rending loss. Fortunately, no one else in the family was injured in this pedestrian accident.

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), 18 people were killed and 494 were injured in San Diego pedestrian accidents. According to government statistics, approximately 11 percent of all auto vehicle accidents are hit-and-run cases. Unfortunately, many hit-and-runs are never solved.

California Vehicle Code Section 20001 (a) states: “The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident.” Since the motorist did not stop after hitting the pedestrian, the driver is in violation of this code.

If this fatal car accident was caused by the negligence or speeding committed by the SUV driver, then he or she may be held liable.

The victim’s family members would be well advised to consult with an experienced pedestrian accident attorney who would carefully analyze all the facts pertaining to this tragic hit-and-run crash and seek to have the at-fault motorist is apprehended and brought to justice without much delay. Additionally, the victim’s family can file a wrongful death claim against the at-fault driver seeking compensation for all related damages.

If you or someone you love has been injured or killed because a careless driver ran a red light, talk to the experienced San Diego County hit-and-run victim attorneys at the Jurewitz Law Group to ensure that your legal rights are protected. For a free assessment of your case, call our personal injury law office at (888) 233-5020.