San Diego Personal Injury Blog

Sadly, early this last Sunday morning a San Diego Police Officer suffered serious personal injuries after his patrol car was violently struck by a suspected drunk driver in Santee. According to Sheriff's Lt. Scott Amos, the officer got T-boned by the alleged drunk driver who failed to stop at a red light.

The horrible automobile crash occurred around 2:30 a.m. on Sunday, when Officer Travis Betley was returning to San Diego after taking a female prisoner to the Las Colinas Detention Facility in Santee. Betley, who was still on duty, was on Mission Gorge Road when his police car was broadsided by a man driving a mid-size Toyota pickup.The driver, identified as Samuel Sullivan, 21, was coming off state Route 125 at a high rate of speed when he failed to stop at a red light and smashed into Officer Betley's patrol car. Sullivan admitted to authorities that he had been drinking, Santee Sheriff's Sgt. David Hale said.

Officials said the impact was so forceful it launched the patrol car off of its wheels and violently pushed its steering wheel into the passenger side. It took firefighters almost one hour to rescue Officer Betley who was trapped in his mangled vehicle. Firefighters had to use special equipment, called the Jaws of Life, to cut off the roof of his patrol car in order to reach him. Upon his rescue, twenty-four-year-old Betley was rushed to Sharp Memorial Hospital with serious personal injuries.

"The officer had multiple major injuries including broken bones and internal injuries but is expected to survive," said San Diego Police Lt. Dan Plein. "I expect it will be a very long, slow recovery."

Sullivan, the twenty-one-year-old driver from Lake Forest, Orange County, is said to have sustained some minor injuries in the collision. According to police, he is being held under guard at a hospital and he is facing at least one charge of driving while intoxicated causing injury.

OfficeTravis Betley has been on the force for 14 months and he is assigned to the Northwestern Division. As a rookie officer he had only been on patrol duty on his own for four months. According to Assistant Chief Boyd Long, Betley spent four years in the Marine Corps before joining the San Diego Police Force.

Unfortunately, Officer Betley will have to begin his new year in the hospital for at least 10 days, and then he will need significant time to recover, said authorities. He has already undergone at least 10 hours of surgery for several broken bones and internal injuries, Long said. Thankfully, his mother, father, and his sister are with him at the hospital.

Long said it is intolerable that people continue to drink and get behind the wheel of a vehicle. {U-T San Diego}

"It's unacceptable," he said. "Enough is enough."

I understand Assistant Chief's Longs feelings in regard to individuals who make the reckless decision to drink and drive, especially since law enforcement in San Diego, and all over our nation, just wrapped up their "Drive Sober, Or Get Pulled Over," public awareness campaign. Law enforcement spent many dedicated hours this holiday season educating the public and utilizing many different task force strategies ~ in an effort to protect lives and keep our roads safe. It's time that we all help in creating the awareness that driving under the influence is not only reckless, but extremely dangerous and unacceptable! Let us all start this new year out right by making the commitment to drive sober!

Sources: Officer Hurt in Possible DUI Crash Faces Long Recovery ~ U-T San Diego,
December 31, 2012

POLICE OFFICER BADLY HURT IN COLLISION ~ U-T San Diego, December 30, 2012

Cop Injured in Collision With Suspected Drunk Driver ~ Fox5 News, December 30, 2012

Hostess, the maker of the iconic baked goody ~ the Twinkie, got the go ahead from a federal
bankruptcy judge on Wednesday, November 21, to begin selling off the company's assets. U.S. Bankruptcy Court Judge Robert Drain approved its plan for an "orderly wind-down, after a court ordered mediation failed between Hostess Brands Inc. and the leaders of the Bakery Workers Union.

The mediation session was essentially ordered by Judge Drain, who oversaw the negotiation meeting. He said he wanted do everything he possibly could, to try and help the parties find a deal before he ruled on the company's motion to liquidate.

"My desire to do this is prompted primarily by the possibility of the loss of 18,000 jobs," Judge Drain said during the bankruptcy hearing on Monday afternoon.

Drain's approval came after the failure of Tuesday's negotiating meeting which was reported to be several hours of "eleventh-hour mediation" between Hostess and the Bakery, Confectionery, Tobacco and Grain Millers Union.

Hostess first reported that it was shutting down on Friday, November 16, citing that it was due to the union strike that "crippled its operations at a time when the company lacked the financial resources to survive a significant labor action." Production of their memorable baked goods has already ceased. Discontented workers who walked off their jobs made accusations that the company awarded pay increases to executives while desecrating employee benefits and wages.

The news of the acclaimed company's closure caused many Twinkie and Ding Dong lovers across the country to run out and buy as many of their favorite Hostess treats as they could ~ completely emptying the shelves. Many grocery stores, gas stations and convenient stores across San Diego County got their last batch of Hostess baked goods Friday morning. Many shelves were wiped out within a couple of hours. Some entrepreneurs are even taking advantage of the lack of supply, by offering the baked treats, like Twinkies, for sale for exorbitant amounts.

Hostess, which is based in Irving, Texas, filed for Chapter 11 protection in January of 2012. It's the company's second trip through bankruptcy court in less than three years. The company was having a difficult time keeping up with rising labor costs and the ever-changing tastes of many Americans ~ many now prefering healthier, more nutrient packed snacks.

The eighty-two-year-old pastry company said it will start shrinking its employee head count from 18,500 workers to 3,200. On Wednesday, the day before Thanksgiving, the company's Chief Executive Gregory Rayburn testified in bankruptcy court that layoffs of 15,000 employees would begin immediately, with head counts shrinking 94% within 16 weeks. 3,200 workers would remain to help see the closure through to the end. {FOX 5 San Diego}

Unfortunately, it was also reported that Hostess will also shut down 33 bakeries, 565 distribution centers, 5,500 delivery routes and 570 bakery outlet stores. Company officials said it will take about a year to dismantle. The positive news is that according to reports and analyst speculation, there are quite of few companies and investors interested in bidding on Hostess and its well known baked goodies. Hopefully, during the bankruptcy liquidation some corporate investor will swoop in save some of the historical baked treats.

Sources: "Judge Approves Hostess Liquidation, 15,000 Immediate Layoffs" ~ FOX 5 San Diego (fox5sandiego.com), November 21, 2012

"Hostess, Maker of Twinkies, Says it is Shutting Down" ~ FOX 5 San Diego,
November 16, 2012

This last Sunday, November 11, another fatal dog attack occurred in San Diego County. Tragically, the bloody body of a thirty-year-old woman was discovered in the backyard of a Fallbrook home, along with eight bulldogs. Authorities confirmed Wednesday that she was attacked and severely mauled by one or more of the dogs. The San Diego Medical Examiner's Office revealed that the autopsy showed the woman died of "multiple penetrating, mauling, and blunt force injuries" inflicted by the canines. Experts concluded there were no other contributing conditions that resulted in her death.

According to Sheriff's Homicide Lt. Glenn Giannantonio, the victim had been hired to clean the house on 1300 block of Calle Tecolotian while the owners were out of town. The victim was discovered around 5:15p.m. on Sunday, by her cousin who arrived to give her a ride home. Investigators believe the housekeeper may have tried to intervene in a dog fight in the rear yard when the pack of English Bulldogs turned on her.

What investigators found at the scene was horribly tragic. They discovered the woman's mauled, bloody body under a tree and the dogs still scampering around close to the victim. They found a hose running nearby which they believe she may have used to try and break up a dog fight. However, investigators are still not sure what caused the dogs to attack her. 10News learned the victim's family lives in Mexico. Her name is being withheld pending family notification.

Sheriff's deputies had to call Animal Services to come secure the canines who were running loose. The dogs were identified by Animal Services officers as Olde English Bulldogges ~ a breed that is stronger and larger than the traditional English Bulldog. The San Diego Dept. Of Animal Services took custody of the canines and according to Lt. Giannantonio, the DAS will continue the investigation to determine whether any criminal charges will be filed against the homeowners.

When deputies checked the Fallbrook home to make sure there were no other injured victims they discovered two dozen live marijuana plants in a rear bedroom of the home.
"They called in investigators from the Narcotics Task Force," said Lt. Giannantonio. "They are conducting the investigation for any criminal charges that may be related to the marijuana grow."

The muscular, strong-framed dogs were being held at a pound in Carlsbad, stated DAS spokesman Dan DeSousa. He revealed that one of the dogs weighed more than 100 pounds. DeSousa said that the dog, or dogs that are found to have attacked the victim will be deemed non-adoptable and euthanized.

"We have to ensure the safety of the public," DeSousa said.

Yes, we need to ensure the safety of the public and the safety of the people we invite into our homes. I realize that many pet owners have dogs to feel secure and protected in their homes. The problem is that some homeowners seek breeds that are more aggressive than others simply because they make better guard dogs.

Dog bites and attacks are more common than most people think ~ happening to over 4.7 million people in the United States each year. Dog owners, not the breed or individual dogs, are responsible when bites or attacks occur. It is imperative that dog owners are held accountable for their canine's dangerous behavior. This is why it is so important that animal attack victims, or their families, seek legal advice from a skilled personal injury attorney who has expertise with personal injury or wrongful death litigation.

Sources: "Sheriff's Department Confirms Woman Mauled by Dogs at Fallbrook Home" ~ 10News.com, November 14, 2012

"2012 Dog Bite Fatality: San Diego County Woman Killed by Pack of American Bulldogs" ~ DogBite.org, November 14, 2012

"Autopsy: Woman Died of Mauling By Dogs" ~ North County Times,
November 14, 2012

Sadly, yesterday morning another San Diego motorcycle accident resulted in the death of the 45-year-old rider. The accident occurred on a rural road in the East County near Dehesa. The motorcyclist lost control of his bike going around a curve and slid right into an oncoming SUV.

According to CHP Officer Brian Pennings, the crash was reported at 6:48 a.m. on Dehesa Road at Willow Glen Drive. The rider was attempting to make a right turn when he laid down his bike and skid under a 2008 Chevy Tahoe SUV. The driver of the SUV, a 76-year-old El Cajon resident, hit his brakes and swerved trying to avoid hitting the motorcycle. Unfortunately, he was unable to steer out of the way of the rapidly approaching rider.

Video from Sky10 on Friday showed that the accident took place at a sharp and steep curve. Aerials views of the scene showed that the motorcycle was wedge underneath the front of a Tahoe. Firefighters used an airbag to lift the Tahoe so they could free the victim and allow paramedics to provide urgent medical care. Tragically, the victim was pronounced dead at the scene. The driver of the Tahoe SUV and his wife, who was a passenger, were unhurt. Investigators said the driver of the SUV is not facing any charges.

"He did everything he could to avoid the collision," said Officer Pennings. "But unfortunately, was unsuccessful."

According to 10News, the motorcyclist was wearing a helmet and it's unclear what caused him to lose control of his bike. CHP has not ruled out the rainy weather as a contributing factor. The County Medical Examiner's Office is working to determine whether alcohol or drugs contributed to the crash, said police officials. The name of the rider, a man from El Cajon, has not been released pending notification of his family.

Trying to navigate through the morning traffic can be challenging enough for drivers, but imagine what it would be like for the rider of a motorcycle. Vehicles surrounding you and you being totally exposed without the protection of the solid body of a car. According to an article in "Motorcyclist", it is extremely important that riders constantly scan the road conditions and their entire environment. Scanning everything from your road ahead, blind spots, to your left and right rear ~ keeps you aware and in touch with your surroundings. I know from my own experiences as a Personal Injury Attorney, the more you are in touch with your situation, the better you're able to react.

Sources: "Motorcyclist Killed in Crash Near Dehesa" ~ U~T San Diego, November 9, 2012

"Fatal Motorcycle Crash Reported on Dehesa Rd, Willow Glen Drive" ~ 10News San Diego,
November 9, 2012

"Motorcycle Driver Killed in Crash on Dehesa Road" ~ NBC 7 San Diego,
November 9, 2012

A Chula Vista teenager died on Wednesday night following a tragic skateboard accident. 14-year-old Justin Hertzberg was struck by a car when he was skateboarding in the street, said Chula Vista police. He fell off his skateboard and was hit by an oncoming vehicle on the 800-block of Nacion Avenue, near Tamayo Drive.

According to Lt. Scott Arsenault, of the Chula Vista Police Dept, the teenager was riding his skateboard downhill on Nacion Avenue, heading south in the northbound lane about 6:45 pm. As Justin rounded a curve, he swerved to avoid a car that was approaching towards him. Lt. Arsenault stated that the teen may have hit the raised lane-marker dots, and flew off the skateboard. Justin hit the pavement and was hit by a BMW, driven by a woman. The driver said she did not see him and authorities do not believe she is at fault [San Diego CBS 8].

Justin was rushed by paramedics to to the UCSD Medical Center. Regrettably, he was not wearing a helmet and he suffered critical injuries. He was pronounced dead less than an hour after the horrible accident.

Justin was a freshman at Hilltop High School in Chula Vista. According to Principal Ernesto Zamudio, he was involved in a new skateboarding campus club and a college-prep program. Justin's friends said he had his first skateboarding club meeting the day of his tragic accident. Grief counselors were on site at Hilltop High on Thursday to provide counseling sessions for students and friends who wanted to talk about their loss.

Friends, students, and teachers mourned his heartbreaking loss by holding a vigil at Hilltop High on Thursday. Principal Zamudio said students are making posters for Justin's parents. On Friday night, during the Lancer's homecoming game, a moment of silence was held in Justin's honor and memory.

Sources: "Teenager Dies in Skateboarding Accident" ~ NBC 7 San Diego,| Thursday, Oct 25, 2012

"Vigil Held for Chula Vista Teen Killed in Skateboarding Crash" ~ SAN DIEGO CBS 8, October 25, 2012

"FRESHMAN, 14, DIES AFTER SKATEBOARDING ACCIDENT" ~ U-T San Diego, October 25, 2012

The bankruptcy statistics in the U.S. have been going through the roof. Over 1.5 million Americans filed for bankruptcy in 2010 [CNN Money]. As more American families fall victim to the economic woes such as unemployment, plunging home values, and unforgiving creditors, the more substantial the rise in the number of people who are unable to pay off their debt. The most common reasons why Americans are filing for bankruptcy will be discussed in the following sections.

Medical Expenses

Thanks to a study done at Harvard University, we are enlightened about the number one cause of bankruptcy: medical expenses, which represents 62% of all personal bankruptcies. One might believe that this number is so high due to uninsured Americans. However, this is not the case ~ 78% of all filers of bankruptcy had some form of health insurance. I know from my experience as a personal injury attorney, that medical expenses from personal injuries can reach hundreds of thousands of dollars. Medical bills from life threatening diseases can reach even higher. These colossal bills can wipe out all savings, home equity, and retirement accounts.

Loss of Employment

Loss of one's job, whether due to layoff, termination, or resignation, is the second top reason for filing for bankruptcy. The loss of income can be overwhelming, especially if there was no notice, severance pay, or preparation. Individuals without emergency funds might make the unwise decision to use their credit cards to pay their incoming bills and household expenses. This unfortunately can cause them to go deeper into debt.

Excess or Poor Use of Credit

Excess use is the third top cause for filing for bankruptcy. It is not only effected by the poor decision to pay bills with a credit account, but also by over-spending, and charging way beyond your means. Credit card bills, car loans, and installment debt, can ultimately spiral out of control! If the borrower is not able to obtain a dept-consolidation loan, or acquire funds from friends or family, then bankruptcy usually becomes the best alternative.

There are other substantial reasons for filing for bankruptcy like divorce or marital separation, casualty, theft, and unexpected costly expenses due to natural disasters. As one can see, there are many legitimate reasons leading Americans to file. Sound financial planning and preparation for the unexpected can help many people avoid this option. For those individuals who need to seriously consider this alternative (in order to have a fresh start), I recommend you seek legal counsel ~ to make sure it's the best decision for you. It is important for you as an individual to fully understand and comprehend your legal rights and options.

Sources:

"Bankruptcies top 1.5 million in 2010" CNNMoney, January 3, 2011

"Top 5 Reasons Why People Go Bankrupt" Investopedia, March 17, 2010

Disneyland employee suffered personal injuries after being struck by a car that is part of the popular Space Mountain attraction. The accident, which happened on October 3rd, left 68-year old, Christopher Monday, in critical condition. The machinist was hit by the vehicle and seriously injured when he was trying to return one of the vehicles that had been out of commission. Unfortunately, something went awry and the vehicle hit him. The Space Mountain cars can reach speeds up to 30 mph.

Mr. Monday, of Lakewood, California, was taken to UCI Medical Center with critical injuries. Patrica Ortiz, a representative from Cal-OSHA (California Division of Occupational Safety and Health), stated the impact caused back, chest and head injuries.The Space Mountain ride, which opened in 1977, was not in operation when the serious accident occurred and the Anaheim park was closed. At approximately 9:43 pm, the Anaheim Fire Department personnel responded to the accident and transported the employee to the hospital said Maria Sabol, a department spokeswoman.

"Our thoughts and prayers are with our cast member and his family. On behalf of his fellow cast members, we offer our heartfelt wishes for a full-speed recovery," said Disneyland spokeswoman Suzi Brown.

Cal-OSHA., which oversees workplace injuries, was starting an investigation into the incident. According to Ortiz, state accident-initiated workplace investigations usually take two to four months. However, the state has up to six months to complete the investigation. Peter Riley, also of CA OSHA, said that the ride would only be reopened if it had been deemed safe for the public to ride. The infamous ride has been open since the day after the accident.

Sources:
"Disneyland Worker Critically Hurt in Space Mountain Accident" Los Angeles Times, October 11, 2012

"Disney Worker Injured in Space Mountain" The Orange County Register, October 9, 2012

A father and his 9-year-old daughter were seriously injured in a head-on collision, near Ramona, caused by a drunk driver. The horrible crash occurred at 8:10 p.m. last Thursday, September 27th, when a Ford F-150 pick-up truck, driven by a 21-year-old man, crossed over the double yellow lines and smashed head on into the Hyundai carrying the 50-year-old dad and his daughter. The father and daughter were both severely injured in this senseless crash, and according to CHP, the entire auto accident could have been prevented.

"Completely avoidable, completely preventable, this didn't have to happen tonight. I mean, it was just a poor decision an individual made that caused this event," CHP official Jeffrey Christy told NBC 7 news.

This act was completely senseless of 21-year-old John Mantz! One moment, Paul Stevens and his daughter were driving home from soccer practice. The next moment, they were suffering serious personal injuries caused by the poor decision of Mantz, who decided to get behind the wheel while intoxicated.

Both father and daughter were transported to hospitals via helicopters. The girl was taken to Rady's Children's Hospital, while Mr. Stevens was transported to the trauma center at Sharp Memorial. Mantz, the driver of the truck sustained only moderate injuries, and he was transported to Palomar Hospital by ambulance. CHP arrested Mantz for felony DUI.

CHP officer Christy opines that the serious accident could have been avoided if Mantz would not have made the poor decision to drink and drive. It is imperative that we all remember: Don't Drink and Drive! You could end up injuring yourself and severely injuring innocent people (or possibly worse)! If you do decide to have a few, please, by all means, call a friend, a family member, or a cab. Or call me, and I'll arrange transportation for you.

Sources: "Father, 9-Year-Old Daughter Injured in Head-On Crash" NBC News 7,
Sept. 30, 2012;
"Man, 21, Faces DUI Charge in Thursday Evening Crash" Ramona Sentinel,
Sept. 28, 2012;

Traffic safety has always been important and in recent years several programs have been introduced to improve safety while on the road. With increasing technological advances we are able to build roads that are safer and create cars with safety features never before seen. Not only the cars and roads have become safer but emergency services have also improved with quicker response times and integrated programs that allow you to call 911 if involved in a car collision. Medical technology has also improved by being able to provide better medical treatment to the unfortunate involved in an auto accident. Creating new laws to provide better safety and the creation of new programs and campaigns that enforce driving safety, like the sobriety checkpoint, have also improved road safety.

California has 37 million residents according to the 2010 United States Census. 3.1 million people live in San Diego County, and 2.2 million in Riverside county, add these together and you have 5.3 million people living in Southern California. This doesn't even include Los Angeles or Orange County two major population centers of Southern California. The California Office of Traffic Safety has reported that the number of deaths resulting from traffic accidents totals 2,715 in all of California. A stunningly low number in comparison to years before. In fact, in 1944 when California's population was only 9 million the traffic safety reported that 2,534 people died while on California Highways. This is roughly the same number despite the fact that their are ten times as many cars on the road going at least 16 times as far, and twice as fast.

This isn't the first year of California's decreasing traffic related fatalities. In fact California has successfully decreased this rate for five years in a row. At a consistent rate of 12% from year to year. In 2009 there were 3,081 deaths from traffic related incidents. These numbers are have been steadily decreasing since the peak of 4,333 deaths in 2005, when the economy and housing boom were in full effect. Decreasing the number of fatalities from 2005 to 2010 by 37.3 %, means that more families are spared the tragedy of losing a loved one to a traffic accident.

This isn't the only positive news, California traffic related death rates have continued to decrease despite the rest of the nation. While most other states are starting to level off, California is still decreasing by a large rate.

Source:
On the Road, Traffic fatalities decline again by Dave Downey, North County Times

In San Diego County, Carlsbad, a four year old girl was struck by a car and sustained personal injuries when she ran after a ball into the roadway near Carlsbad High School. She was flown by helicopter to Rady's Children Hospital with a broken leg but was conscious and alert and appeared to be doing "OK." The driver of the car, a Chevy Suburban, that struck the little girl was not arrested.

This little girl was extremely lucky to not be injured much more severe after being hit by a huge vehicle. As adults, we must do what we can to watch our children diligently when they are playing on or near the streets!

CARLSBAD: 4-year-old flown to hospital after being hit by car, North County Times, July 8, 2009