San Diego Car Accident Lawyer Blog

The Supreme Court of California for the County of Orange will hear the product liability case against automaker Suzuki Motors and the associated Takata Corporation in regards to a July 2006 car accident that left Andrea Bardonner dead.

Andrea Bardonner was accompanied by her two daughters, Nichelle and Makayla, on July 27, 2006, when her 2003 Suzuki Grand Vitara tumbled down a steep embankment causing the vehicle to roll-over. Nichelle and Makayla suffered permanent injuries in the accident. Bardonner’s seat belt developed a slack after the roof rails and the windshield bent inwards, resulting in her ejection from the vehicle. This led to severe injuries to Bardonner who later succumbed to death.

Attorneys for the Bardonner family allege that Suzuki Motors and Takata Corporations, which manufactures seatbelts for the Suzuki and is responsible for the driver and passenger restraint systems in place, were well aware of the defects in the safety system and hence the defendant is accused of intended negligence.

As personal injury lawyers, our office always supports the search for truth and justice after someone has been injured. The typical questions that we have to ask following an accident are: (1) was the accident caused by the negligence or carelessness of another person/company; (2) if so, did that negligence actually cause the injury to occur; and (3) what is the extent and nature of that injury so that a jury can determine what amount to compensate the injured person or the family of the wrongful death victim for their loss. Product liability cases like these, involving alleged defective vehicles, are very specialized and require lawyers and experts who are very familiar with the factual issues involved in the manufacturing of cars and SUVs and the required safety components that are used to prevent death and serious injury.

Continue reading "Orange County Car Accident Lawsuit against Suzuki goes to Trial" »

A San Diego lawsuit was filed by the surviving family members of California Highway Patrol Officer Mark Saylor and his family against automaker giant Toyota following the infamous car accident which took their lives. The Toyota 2009 Lexus ES- 350 provided to Officer Saylor by Bob Baker Lexus while Officer Saylor’s vehicle’s was being repaired had started unexpectedly and uncontrollably accelerating. The Lexus raced across San Diego’s freeways and roads before finally crashing and bursting into flames in Santee.

The lawsuit accuses Toyota of manufacturing and distributing a dangerous product along with Bob Baker Lexus, the El Cajon based car dealership who loaned the sedan, for negligence. The surviving relatives are seeking an unspecified amount in damages.

Up to today, 58 people have been killed in the cases involving a Toyota vehicle with acceleration malfunctioning. While even one injury or lost life due to unexpected and uncontrollable acceleration is too many, these deaths are completely inexcusable. One would expect that the gas pedal or brake pedal in your car would work properly at all times. These are the controls that manage the speed of the vehicle itself. For the car to speed away without the guidance of the driver is a scary thought and can certainly cause severe injury and death.

Continue reading "San Diego, CA Family Sues Toyota for Fatal Car Crash" »

61-year old James Sikes found himself in a death trap when his Toyota Prius started auto accelerating and went out of control. Sikes was heading east on Interstate 8 (I-8) in the Lakeside area of San Diego County around 1:30 p.m. when he realized that the hybrid-electric sedan was speeding at 90 mph despite all his efforts to regulate down its speed.

Sikes called 911 and immediately California Highway Patrol officers sprung into action. In spite of their swift response, the car had already traveled 30 miles before it was brought to a halt. The officers put up a brave effort by pulling their cruiser ahead of the Toyota Prius which slowly decelerated as the shock-struck Sikes received instructions from the patrol officers via their vehicle’s public-address system on how to bring the emergency breaks into function.

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Numerous law suits have recently been filed against Toyota as millions of cases pertaining to malfunctioning breaks and acceleration system have been reported in the United States and worldwide. It has not been long when, during August 2009, when a similar malfunction led to the death of CHP Officer Mark Saylor and his family. Our office remembers them with warmth and our thoughts go out to their surviving family members. The Saylor family has filed a lawsuit against Toyota and the dealership that lent them the Lexus rental car involved in their auto accident. Their case is proceeding through the San Diego Superior Court.

Continue reading "San Diego County Toyota Sudden Acceleration Malfunction Nearly Kills Driver" »

Two U.S. Border Patrol agents suffered minor injuries in a San Diego auto accident accident on March 7, 2010, when they were sideswiped by another car near Harris Ranch Road on State Route 94 (SR-94). The car crash took place around 7:20 pm.

The driver who hit the Border Patrol officers took off after the collision but was quickly tracked down at her home. She claims that she did not realize she had hit their patrol vehicle until the investigators contacted her. She also claims that she heard what sounded like a gunshot when she struck the deputies. The driver had her driver’s license for less than 30 days when the accident occurred

We are thankful that nothing serious took place. At the same time we feel that those people who have just learned to drive should be more careful while on the road, not just for their safety but for other’s as well. Also, it is very difficult if not impossible to believe her story about how the collision occurred. Drivers feel when their vehicles strike another object with enough force to cause injury. That was most certainly the case here. She was most likely trying to escape responsibility.

Continue reading "San Diego Swideswipe Car Accident Injures Border Patrol Officers" »

Branden Butler, the 17-year old teenager serving 547 days of service in the Juvenile Hall in Vista, spoke to Rancho Buena Vista High School students in a Vista courtroom on March 5, 2010. On October 4, 2009 Butler rammed his car into a wooden fence on La Granada Road, killing his Torrey Pines High School classmate and friend, Alex Capozza (pictured below).

Butler was convicted of driving under the influence of alcohol at the time of the auto accident. After partying in Rancho Santa Fe, he had gone out with friends to get some food when the fatal car accident took place.

This is the first time that Butler has spoken publicly about what happened and he did so as part of the San Diego Superior Court’s Court Day which featured talks by lawyers and judges about what the Court does on a day-to-day basis. It also featured mock trials and, in the case of Butler, speeches by convicted criminals about the impact their crime has had on their life.

While there is no excuse for Butler’s actions—and drunk driving is completely inexcusable—Butler should be commended for speaking with these students. The source article for this post was not clear whether his presence was court ordered. However, it seems from the subject of his talk and the words that he communicated that his poor choice to drive while intoxicated has caused him a tremendous amount of grief and remorse. He was very remorseful about the loss of his friend and the impact Alex’s death has had on the Capozza family. Unfortunately, it is often only after a fatal auto accident, that people reflect and acknowledge that they made a poor and dangerous choice. If only it could be the other way around.

Continue reading "Convicted Teenage Drunk Driver Speaks to Students about Fatal Rancho Santa Fe Car Accident" »

A 27-year old Torrance man was arrested on March 4, 2010 in connection with a fatal Los Angeles traffic accident that took place on the San Diego Freeway (I-405) near the Crenshaw Boulevard off-ramp. The accident had taken place at around 2:24 am.

Baek was driving southbound on the freeway when he rear-ended a van at a high rate of speed. The driver of the van lost control, veered across two lanes of traffic and struck a third vehicle driving in the slow lane of the freeway. The van left the freeway and went down a steep embankment. Baek was booked on a count of gross vehicular manslaughter while intoxicated and two counts of driving while intoxicated causing injury or death.
Our office wishes to offer our sincere prayers and condolences to the family and loved ones of the deceased. We once again urge all drivers to be more careful while attempting to switch lanes. Try not to exceed the speed limits. And never, ever, drive while under the influence of alcohol or drugs. If you witness motorist driving erratically, try to avoid them as much as possible. They may be driving while intoxicated.

Continue reading "Los Angeles Auto Accident Leaves Driver Dead" »

An 87-year old man lost his life in a tragic San Diego auto wreck that occurred on March 2, 2010. The victim was driving his Toyota Camry when it crashed into a parked truck just south of Ocean View Boulevard. This car accident took place at around 11:35 am.

The deceased, David Epstein, was heading north on the Interstate 15 (I-15) in the Mountain View area of San Diego when his Toyota sedan veered to the right for unexplained reasons and collided with the parked big-rig truck. Epstein died on the spot.

Given the recent reports of braking system failure issues, unexpected acceleration, and other technical malfunctions in Toyota manufactured cars, this tragic accident might have been caused by one of these defects. We wish to express our condolences to the family and loved ones of Mr. Epstein. At the same time we urge the authorities to conduct a thorough investigation to arrive at the precise reasons of the car crash.

Continue reading "San Diego Auto Accident Kills Toyota Driver" »

A 24-year old man’s body was found on March 2, 2010 in the 12400 block of Highland Valley Road around 7 p.m. San Diego Police Department suspects this to be a solo vehicle car crash. The wreckage of this San Diego car wreck was cited by a passerby in Rancho Bernardo near Lake Hodges.

The victim was found dead when the paramedics reached the site. The deceased, whose identity has been withheld pending family notification, lived in Escondido with his girlfriend. Our office wishes to express sincere prayers and condolences to the family and friends of the victim. We hope that a proper inquiry is initiated into the accident by the authorities before labeling the wreck as a solo-crash.

Continue reading "Escondido Man Killed in Fatal San Diego Car Crash " »

A San Diego County Sheriff’s Deputy lost his life after he crashed his cruiser into a bridge embankment while pursuing an alleged drunk driver going the wrong way on a freeway. The car accident occurred in the early hours of February 28, 2010. The deceased, Deputy Ken Collier, 39, died at a hospital shortly after the accident near Santee. The suspect Jose Jasso Lopez, 22, was arrested on suspicion of driving under the influence and vehicular manslaughter.

Collier was driving westbound on State Route 52 (SR-52) when he spotted a car heading toward him on the same side of the highway. He made a quick u-turn to pursue the car, turning into an auxiliary lane in the highway median, but then struck a bridge abutment between Mast Boulevard and Santo Road near Mission Trails Regional Park in northeastern San Diego County.

Our office wishes to express our sincere prayers for the family and loved ones of Deputy Ken Collier. It is sad that we lost such a competent officer who was looking out for the safety of others. There are few things more dangerous on San Diego’s highways and streets than a drunk driver—unless, of course, if it is a drunk driver heading the wrong way on a freeway. The damage that Mr. Lopez could have caused had he crashed into another vehicle or vehicles is unimaginable. Not only could he have killed himself, but he would likely have killed anyone he ran into. Deputy Collier understood this and decided to chase Mr. Lopez to prevent this tragedy. Unfortunately, he lost his life doing so. We hope that the San Diego District Attorneys’ Office prosecutes Mr. Lopez to the fullest extent of the law.

Continue reading "San Diego County Deputy Dies in Fatal San Diego Car Crash" »

A 17-year old boy was finally arrested for causing a fatal Riverside car crash on January 16, 2010 that had resulted in the death of the female driver of a Ford Explorer. The auto accident took place on Cottonwood Avenue at Festival Way in Moreno Valley when the victim, Cynthia Rene Whitaker, 54, of Moreno Valley, had swerved into oncoming traffic to avoid a Honda Civic. By doing so, she hit a Nissan Quest.

The Civic in question was being driven by the 17-year old boy who had stolen it in Desert Hot Springs. He also admitted to being under the influence of alcohol at the time of the car crash. The Moreno Valley Police has charged him with vehicular manslaughter, two counts of hit-and-run, and possession of a stolen vehicle.

Our office wishes to highlight the severity of this case! Not only did the teenager steal the car, but was also drunk which might have played a huge part in the death of Ms. Whitaker. Such behavior from anyone, especially from a juvenile, is very disheartening and despicable. We hope that the Riverside County District Attorney prosecutes this teenager as an adult and to the fullest extent of the law. We also hope that Ms. Whitaker’s family receives whatever care, assistance, and compensation they need and deserve.

Continue reading "Juvenile Admits To Causing Fatal Riverside County Car Accident" »

A 49-year old North County man lost his life in a San Diego car crash that took place on February 21, 2010. This fatal accident occurred at about 2:40 p.m. on a curving stretch of State Route 67 (SR-67) north of Lakeside.

The victim, Randy Fredrick Evans, was northbound on SR-67 near Slaughterhouse Canyon Road when he lost control of his SUV, causing it to skid across the pavement and overturn. Evans faced head injuries and died on the spot of accident according to the California Highway Patrol and San Diego County Medical Examiner's Office.

Our office wishes to convey our sincere prayers and condolences to the family and friends of Randy Fredrick Evans. We understand how difficult it is to come to terms with such tragedy. The accident happened on a dangerous stretch of highway—SR-67 is the most dangerous road in San Diego—that ascends into foothills near a quarry south of Poway. We once again urge drivers to drive with extreme caution in such terrain. A little bit of vigilance from your side can save your own life!

On the other hand, the cause of the accident could very well be “oversteer” leading to the SUV flipping and rolling over. Oversteer is a common problem when drivers lose control in one direction and over-correct and oversteer in the other direction. The act of oversteering and the the SUV’s high profile leads to the SUV rolling over onto its’ roof, crushing it, and commonly leading to severe head trauma and major brain injury.

Continue reading "San Diego Auto Accident Leaves Man Dead" »

Earlier today in the health care debate, President Barack Obama used this analogy about his prior experience with auto insurance to support his argument for health insurance reform:

OBAMA: ... You know, when I was -- when I was young, just got out of college, I had to buy auto insurance. I had a beat-up old car. And I won't name the name of the insurance company, but there was a company, let's call it Acme Insurance in -- in Illinois. And I was paying my premiums every month. After about six months I got rear-ended, and I called up Acme and said, "You know, I'd like to see if I can get my car repaired." And they laughed at me over the phone.

Because really, this was set up not to actually provide insurance, what it was set up was to meet the legal requirements. But it really wasn't serious insurance.

Now, it's one thing if you got an old beat-up car that you can't get fixed. It's another thing if your kid is sick or you've got breast cancer.

Now, I'm no fan of auto insurance companies. I think they try everything they can, fair or unfair, lawful or unlawful, to reduce the amount they pay out on claims to the detriment of injured people. But, I do not believe for one second that the President's story is accurate.

Here is why.

Obama was dealing with his own insurance company. That is what is known as a "first party" claim when he reported the damage to his insurance company. It is known as a first party claim because he had a direct contractual relationship with his insurance company. When you have a first part claim, insurance companies are not so brazen as to deny a claim and laugh at their customer. Sure, they might lowball his claim payment but typically they do not deny the claim outright.

Assuming that his insurance company actually denied his property damage claim, the reason most likely is that Obama had failed to purchase collision coverage for his insurance policy. Therefore, he did not have the right kind of coverage to pay for the damage to his car (this also assumes that the other driver, who sounds like he was actually at fault, did not have insurance--if he did have insurance, Obama should have filed a claim with the other driver's insurance company). Collision coverage is available to pay for damage to your property, such as your vehicle, when either you damage your own property due to your carelessness (backing into a tree, for example) or if your car is damaged by an uninsured motorist. In California, a driver is not required to purchase collision coverage. It is completely optional.

It is most likely that Obama, when he was young and not making very much money, decided that he would not increase his insurance costs by purchasing collision coverage. That may have seemed like a very prudent decision given that Obama was driving an old beater that was not worth much money.

Unfortunately, that decision is often short sighted. This is a decision made by many Californians each year. I have seen many clients who completely lost their car after an uninsured motorist destroyed their car. With no insurance for the at fault driver and no collision coverage to pay for the damages, the car is simply lost forever.

While it may seem a good cost saving measure not to pay for collision coverage for a car worth $3,000 or less, I can assure you that the cost of replacing your vehicle after a total loss will seem insurmountable unless you have collision coverage. Your decision to save $20-40 a month will seem poor when all of a sudden you must pay $3,000 for a new vehicle.

Don't be an Obama. Purchase collision coverage for your auto insurance policy.

Continue reading "Don't Be an Obama: Purchase Collision Coverage for Your Auto Insurance" »