San Diego Disability Injury Lawyer
The San Diego County Medical Examiner’s office reported last week that a 9-year-old boy was struck by a car near Riverview Elementary School in Lakeside. The boy was walking along Winter Gardens Boulevard south of Knoll Crest Place around 4 p.m. on April 6, 2009, when the fatal Lakeside pedestrian accident happened. The boy was taken to Rady Children’s Hospital where he was pronounced dead shortly after arrival. His name has not been released.…
An El Cajon jury reached a verdict regarding a Nov. 21, 2009 car crash that killed 35-year old Cydil Deann Kohlmeyer. The guilty driver was sentenced for 15 years on the charges of misdemeanor hit-and-run and gross vehicular manslaughter for driving while intoxicated.
The guilty, 53-year-old Deborah Felix, had fatally injured Kohlmeyer, a mother of three while driving drunk along Pepper Drive in El Cajon. Felix had also managed to strike mailboxes and a pickup after hitting the victim. Felix will be sentenced on May 11 by El Cajon Judge Lantz Lewis. Jurors also found Felix guilty of a sentence-enhancing allegation that she had fled the scene of the accident after committing the crime. According to Felix, she wanted to urinate and had gone farther away from the scene to relieve herself. What a silly and inexcusable reason to leave the scene of the accident!
Our office is in agreement with the verdict and hope that Felix serves all of her time for taking the life of Ms. Kohlmeyer. People driving under influence should be punished harshly. We hope that other drivers learn from this, and restrain themselves from drinking and driving. If a drunk driver is unfortunate enough to cause an accident, please be responsible enough to stay at the scene and try to assist the injured until help arrives.…
A 28-year old Hollywood stuntwoman lost her life in a fatal Los Angeles motorcycle accident that happened on April 6, 2010, on the Ventura Freeway in Studio City.
The deceased, April E. Stirton of North Hollywood, was on the 101 Freeway going over 55 miles per hour when she lost the balance of her Yamaha Roadstar and fell down. The Roadster jammed under a big rig and she was hit by the rear wheels of a tow truck. According to the California Highway Patrol, Stirton was drag for nearly 10 miles before the truck driver realized what had happened. Stirton has worked on shows like CSI and True Blood.
Our office offers our heartfelt prayers and condolences to the friends and family of Stirton. It is sad to have lost such a remarkable stuntwoman while doing something what she is good at. It is even more horrible that her body was drag for nearly 10 miles before the truck pulled over. Didn’t the truck driver feel the impact? Didn’t he sense that his truck was not driving properly? How did he not notice?…
The Daily Point of Orange County reported last Thursday, March 12 that the California State Senate is reviewing a new bill that would allow California and San Diego authorities to treat boating under the influence in our San Diego waters just like they would treat driving under the influence on our San Diego roads. If passed, the bill would allow San Diego and California authorities to suspend boaters’ licenses if caught boating under the influence. You can learn more in this Daily Pilot story.
The California BUI bill was introduced by California State Senator John Benoit that represents Senate District 37, just north of San Diego County. Senator Benoit’s bill will give the DMV the power to treat a BUI just as they would treat a DUI. Previously, the DMV had the power to do just that but last year, a court of appeals verdict deemed that they did not have the power to do so.
San Diego harbor officials and officials in other California counties would like to see the bill passed. They believe that even though boating is a recreational activity, there are still many responsibilities that a boater has. According to the California Department of Boating and Waterways there were 55 boating accident fatalities in 2007, half of which happened in Southern California. Also, about 20 of the 55 victims were intoxicated.
If you or a fellow boater are ever injured or killed in a San Diego boating accident, please call the San Diego boat accident attorneys.…
An 18-year old pedestrian lost his life in a Carlsbad pedestrian accident on March 5, 2010. The incident took place along Palomar Airport Road between El Camino Real and Camino Vida Roble, near where Carlsbad, Vista, and San Marcos intersect in North San Diego County, around 9:45 p.m.
A witness to the accident called in the paramedics immediately following the auto vs. pedestrian accident. According to reports, the man was struck by two cars as he was crossing Palomar Airport Road. The first vehicle did not stop and the driver of a second vehicle was stopped by the Carlsbad Police after it struck the man in the road. The second driver did not realize he had struck the man in the road. The Carlsbad Police is continuing investigation after inspecting the crime scene.
Our office forwards our condolences to the family and loved ones of the deceased. We also wish that the police will track down and arrest the driver of the first vehicle—the one that struck and killed this pedestrian. There is nothing more infuriating than a careless and negligent driver who causes significant injury or death who does not stop to assist the person they just hurt. We understand that it is scary when you realize that you have injured someone with your car, but there is no excuse to ever leave the scene of an accident. Your presence is necessary to contact emergency service personnel and to perhaps provide basic life-saving techniques until the ambulance can arrive. When you leave the scene of an accident, you take away that hope.…
Yesterday we posted a story about an unidentified pedestrian killed in Ramona car crash. That pedestrian turned out to be Jens Roger Noet, a 34-year-old man, or, according to 10 news, a “transient.” Noet was headed down Main Street between Fifth and Sixth Streets in Ramona on Wednesday when he was fatally struck by a semi-truck.
This information was brought to our attention through 10 news and our hats off to them for providing the story, which helps remind San Diego residents about being cautious when walking next to a street and also when driving. However, it is very unnerving to see that they have the audacity to tag him, not once. but twice as a “transient.” Jens Roger Noet was just killed by a truck driver and instead of writing a tactful article about the events they instead belittle him.
As stated yesterday, if our Law Group was asked to represent the pedestrian’s family, our lawyers would work diligently to discover the facts about the accident and give Noet, a member of our community, the respect he deserves.…
The Marine Corps announced that it significantly reduced the number of fatal motorcycle accidents involving Marines in 2009. In 2008, the Marines reported a record high of 25 deadly motorcycle crashes. They year before, the Marine Corps 19 Marines were killed in motorcycle wrecks. However, in 2009, the total number of Marines who lost their life was reduced to only 14–a reduction of more than 40%.
San Diego has three Marine bases–Camp Pandleton, Miramar Air Station, and the Marine Corps Recruiting Depot. Camp Pendleton and MCAS Miramar accounted for 4 deaths each during 2009. In 2008, 9 Camp Pendleton Marines and 2 MCAS Miramar Marines were killed due to motorcycle accidents. No data was released for MCRD San Diego.
In the wake of the rising Marine casualties from motorcycle crashes, the USMC hired contractor Cape Fox Professional Services to provide suitable training programs to Marines in motorcycle riding and safety. In the past five years, the number of Marine motorcycle fatalities has constantly increased from 13 in 2005, to 16 in 2006, 19 in 2007, 25 in 2008, before significantly reducing to 14 in 2009. Citing the significant drop as a success of Cape Fox Professional Services, Washington has renewed their contract for the 2010 fiscal year. The Marine Corps will soon also launch an interactive website, SemperRide.com, where professionals featured in $500,000 safety movie, Semper Ride, can be contacted by Marine motorcyclists.
Our office celebrates and appreciates the effort of our local San Diego Marine community to be safe motorcyclists and hope that the new safety program will continue to reduce the number of motorcycle accident fatalities. However, two issues are still concerning. First, 14 Marines were killed due to motorcycle accidents–which is still far too many to have lost their lives. Second, 8 out of the 14 fatal motorcycle wrecks involved San Diego based Marines–that is nearly 60% of all Marine motorcycle deaths occurring in San Diego! Our office supports the Marines and their mission and recognizes the risk and sacrifice they make when they put themselves in harms’ way defending our country. It is therefore tragic when Marines unnecessarily lose their lives in motorcycle accidents that can be avoided.…
An unidentified pedestrian, in the Ramona section of San Diego, was killed after being hit by in a semi-truck accident Wednesday morning while crossing the street.
The accident happened just after 2:30 a.m. when the driver of the truck was heading west on Main Street at the intersection with 7th Street. According to the driver, the pedestrian appeared to come out of nowhere and appeared in front of the truck. The truck driver stopped after the impact and found the man’s body pinned under the truck.
Both lanes of Main Street were closed until 5 a.m. while the California Highway Patrol investigated the accident. At the time of publishing this entry, the cause of the accident was still under investigation.
If our office was approached by the pedestrian’s family, we would first have to determine what happened that early morning. We would hire a professional accident investigator and a private investigator to track down witnesses and to document the facts of the accident, including sight lines for the truck driver, the traffic controls available at the intersection and obtaining witness statements. If the pedestrian was in the crosswalk, had the right of way, or even if the driver was not paying attention while he was driving, the pedestrian’s family might have a strong case for their wrongful death claim.
If you or a loved one has ever been involved in a pedestrian accident, including one that results in a wrongful death claim, please contact the experienced trial lawyers.…
A San Diego jury awarded the widow of a motorcycle rider and his two children $4.9 million after he was struck on a motorcycle by a truck driver. After the verdict was read, the judge–as is typical–polled the jurors for their votes. However, the judge forgot to get the answers from one juror to two of the 13 questions asked during the polling process.
The juror did agree with the other jurors that the truck driver was negligent and caused the trucking accident. However, the judge forgot to ask him if he agreed with the other jurors on the apportionment of damages. The jury verdict found to the truck driver to be 80% responsible for causing the accident but also found the motorcycle rider to be 20% responsible.
On appeal by the insurance defense counsel for the truck driver, the judge’s mistake led to a reversal of the verdict by the Fourth District Court of Appeals. The Court of appeals held, in part, that:
…the trial court erred in accepting the juror declarations to inquire into and resolve the results of the jury’s decision making process, and also when it made a credibility determination that Santana could not effectively have voted other than 80/20 at any relevant time.
The Keeners, the family of the motorcyclist, have appealed to the California Supreme Court to reinstate the jury verdict.…
87-year-old Robert Mathiasen and an 83-year-old woman were struck in a tragic pedestrian crash that occurred on February 24, 2012, around 7:28 p.m. in the 2000 block of North Palm Canyon Drive. According to Riverside County sheriff’s officials, both the victims were trying to cross the street when they were hit by a northbound Ford Taurus.
The pair was immediately transported to Desert Regional Medical Center for treatment, where Mathasen was later pronounced dead around 9:18 p.m. The Taurus driver cooperated with the investigation.
From the present facts, it is unclear as to how this pedestrian accident occurred. Was the motorist distracted? Or was he speeding?
The victim’s family members should immediately seek counsel from an experienced Riverside County pedestrian accident lawyer, who would educate them about their legal rights.
The victim’s family members may file a wrongful death claim against the car driver to obtain compensation to cover funeral and burial costs, loss of love, care and companionship, and other accident-related damages.
Our law office sends sincere condolences to victim’s family members. We also hope and pray that the injuries suffered by the female pedestrian heal soon.…
