2221 Camino Del Rio S, Ste. 207, San Diego,CA 92108 • 619-444-2244    Free Phone Consult

Personal Injury • Business Law • Civil Litigation
2221 Camino Del Rio S, STE. 207
San Diego, CA

619-444-2244 

Free Consultation

Are you a cyclist who has recently been injured on the road due to driver negligence? You may deserve compensation.

Unfortunately, bicycle accidents are not few and far between. According to a report by the California Department of Public Health, there were over 84,000 non-fatal bicycle injuries involved with a motor vehicle in California between 2007-2013. About 7% of those happened in San Diego alone.

Bicycle

Accidents happen. But when negligence is involved, protect yourself by hiring a skilled lawyer from a firm like Elia Law Firm, APC.

Road accidents involving cyclists and motor vehicles are often due to driver negligence. Blatant disregard of traffic signs and bicycle lanes, or erratic behavior like speeding, can result in serious injury, or even death. Alcohol involvement can also increase the risk for accidents. So what do you do if this happens to you?

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If you’ve been injured in such an accident, should you be compensated?

Read on as personal injury attorney, Steven Elia, sorts it out for you.

Have you ever sat in traffic and watched a motorcycle whiz by between lanes? That’s called lane splitting and, while it’s not technically legal in San Diego or anywhere in the state of California, it’s completed accepted.

San Diego lane splitting attorney

What happens if an accident occurs while a motorcycle is lane splitting? Who is at fault?

This is a muddy area in the state of California and one that should involve the professional advice of a California personal injury attorney. But let’s see if we can shed some light on it here.

Lane splitting accidents are quite common, especially here in Southern California, including San Diego, where traffic can be a real headache. These accidents happen because of the close proximity of cars to the passing motorcycle. There is very little space to maneuver, and many drivers simply don’t anticipate that a motorcycle might be passing them by.

When a lane splitting accident happens, the fault is usually attributed to the motorcycle rider, but this is dependent on what the insurance adjuster and court find.

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A 12-year-old boy was riding his bike Thursday morning when he was struck by a pickup truck pulling out of a driveway at a local RV park. The driver heard a thump but continued driving until he circled back around to see what the source of the sound was. Sadly, he found the boy under his truck.

Paramedics were called in and arrived a short time later to perform CPR on the boy who was unconscious but breathing. The boy was airlifted to Tri City Hospital and died a few minutes later. No one else was hurt in the crash.

There Are Laws to Prevent This

Unfortunately, death or extreme injury is all too common when cyclists meet 2-ton vehicles on the road, and this is why we have traffic laws. So what is the law that could have protected the boy in this situation?

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You’re in an accident. The other driver was drunk and subsequently convicted of a DUI charge. Is he/she at fault? Is your case a slam dunk?

Establishing proof is an important part of both civil and criminal cases, but as any attorney will tell you, proving your case is easier said than done. When there is the concurrence of both civil and criminal litigation surrounding the same case, however, criminal charges can weigh heavily on the outcome of a civil lawsuit and speed up the judgment and settlement to the benefit of the plaintiff. Here’s how.

Injured man getting into ambulance
A serious accident can put your life on hold.

What It Takes to Win a Criminal Case

In a criminal trial, the prosecution is required to prove that the defendant committed an act beyond a reasonable doubt. This means that when presented with a body of evidence, a guilty verdict is handed down because no reasonable doubt exists based on the facts.

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How did we do it? And why?

On March 15, 2015, we settled a motor vehicle roll-over accident that occurred in El Cajon, CA.  In this case, our client’s blood alcohol was more than double the legal limit in California, methamphetamine was found in his system, two open forty ounce bottles of beer were found in his car, and he had no drivers license or insurance at the time of the crash.  We did however manage to find a way to obtain compensation for our client.

But wait there’s more – the defense accident reconstructionist opined our client was driving over 70mph in a 40mph zone.  He had been “partying” all night long and was leaving a liquor store at 9:00 AM when the accident occurred.

El Cajon auto accident crashed car

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Fido and dog’s best friend share the blame for this accident

Here’s a somewhat amusing story. In San Francisco a lamp post falls on a car while its driver waited for a green light at the intersection of SF’s Pine and Taylor streets. No one is injured. There is no wind, no sign of vandalism, and no earthquake behind the incident. Why did the lamp post fall? Corrosion brought on by urine. Yes, urine. Dog and possibly dog’s best friend’s urine rusted the base of the lamp post until the weight of a flag was enough to snap it at the base. Needless to say, the internet had a howl with the story.

The driver of the car, however, was “pissed.”

San Diego urine soaked lamp post
Picture from https://www.nbcsandiego.com

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This officer’s actions are one problem, but a symptom of an even bigger one

On July 11th Ken Adams and another person were cycling Glendora Mountain Road/Glendora Ridge Road, a paved one-laner that loops around from Glendora toward Mt. San Antonio (AKA Mt. Baldy), when the CHP officer you see in the video passed by them. The SUV was about two feet away when it passed them, and later the same CHP SUV passed them again, coming even closer to hitting the cycling pair. Shortly after that, the patrol vehicle turned and came at the cyclists from the front. You can hear for yourself just what the officer had to say about his performance in the video taken after the officer U-turned to have a chat. Finished watching? Good. Here’s where he’s wrong.

Cop harasses cyclist in San Diego

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More than 340 cases of salmonella have been reported since August related to tainted cucumbers distributed by San Diego company Andrew & Williamson Fresh Produce. Seventy of those cases resulted in hospitalization, and two led to deaths, one in Texas and one here in San Diego. The San Diego victim was a 99-year-old woman who died three days after entering the hospital. Just today her family filed a wrongful death lawsuit against the distributor. It’s not the only lawsuit the company is facing; last week a Minnesota woman sued for damages after she was hospitalized after eating salmonella cucumbers as part of a salad.

cucumbers
Image copyright Karen and Brad Emerson, taken from flickr.

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