If you were injured in a car accident in San Marcos or elsewhere in Southern California, it is essential to know how to file an auto accident claim. Every car accident case will have its own particular set of facts, but we want to provide you with more information about the claims process and the ways a San Marcos car accident lawyer can help.

Gather Information to Support Your Claim

You will need to gather information and evidence to support your car accident case. This process starts at the scene of the accident, where you should take photographs of the scene on your smartphone. You should also obtain contact information for anyone else involved in the collisions as well as witnesses who may be able to support your version of the events. Beyond the initial scene, it is also important to get medical attention as soon as possible. By seeing a doctor quickly, you will be able to prove that your injuries resulted from the car accident, and your medical records will become important evidence in your case.

Report the Accident to Your Insurance Company

Before you file a claim, you will need to report the accident to your own insurance company. When you report the accident, stick to the facts. If you offer your opinion, the insurance company could try to use it against you at a later date.

File an Auto Insurance Claim

Filing an auto insurance claim is usually the next step for anyone who was injured in a crash in California. To file an auto insurance claim, you will need to decide whether to file a first-party claim through your own auto insurer or a third-party claim through the at-fault driver’s auto insurer. Your car accident attorney can discuss the benefits and limitations of each.

Negotiate With the Insurance Company

Once you have filed your auto insurance claim, the insurance company will need to do an investigation, after which point it will make you a settlement offer. You should know that the settlement offer is negotiable, and you should not accept the first offer you get. Your car accident lawyer can negotiate with the insurance company on your behalf in order to get you a higher settlement offer.

File Your Car Accident Lawsuit

If the auto insurance company will not offer a reasonable settlement, or if insurance limits prevent you from receiving complete compensation for your losses, it is time to file a car accident lawsuit. You will need to ensure that you file your lawsuit before the statute of limitations runs out. Under California law, an injured plaintiff typically has two years from the date of the car accident to file a claim.

Seek Advice from a San Marcos Auto Accident Lawyer Today

Car accident injuries can be devastating, and they typically happen because of another motorist’s negligence. It is important to hold that at-fault party accountable. Our San Marcos auto accident attorneys can assist with your auto insurance claim and negotiations with the auto insurer. If you cannot get the compensation you are owed from the insurance claim, we will represent you in your car accident lawsuit. Contact the Walton Law Firm to learn more about how we can help.

See Related Blog Posts: Car Accidents in Encinitas During the Coronavirus Pandemic Driving in San Clemente: Are You at Greater Risk of an Accident Than You Think?

If you live in Encinitas or in another part of San Diego County, you have likely been staying home as much as possible for the last number of weeks. All Californians are required to stay home “except to get food, care for a relative or friend, get necessary health care, or go to an essential job,” according to the state’s stay-home order. The order is in place until further notice, and it first took effect on March 19, 2020. While anyone who has an essential job—and thus must drive to work—or needs to leave the house for food or medicine is still at risk of being injured in a motor vehicle crash, it looks like that risk is significantly lower. Indeed, according to a recent article in the Los Angeles Times, since the stay-home order took effect, motor vehicle collision rates have dropped significantly.

We want to say more about the lowered risk of an auto accident during the pandemic, and to discuss what you should do if you are involved in a crash at this time.

Fewer Motor Vehicle Crashes With Lower Traffic Rates

More Californians are staying home as Governor Newsom’s order requires, which means that fewer vehicles are on the roads. According to the Los Angeles Times article, the stay-at-home order is believed to “have reduced vehicle collisions on California roadways by roughly half,” based on data from a new survey conducted by UC Davis. That survey suggests that “about 15,000 fewer collisions per month and 6,000 fewer injury accidents per month” have occurred in the state. Those accident and injury reductions coincide with a decline in California roadway traffic by approximately 60%.

In particular, the total number of drunk driving accidents has gone down significantly. That reduction in accident rates likely is due not only to the reduction in traffic on the roadways, but also to the closure of bars and restaurants in the state. Even if this pattern continues, however, researchers believe that the number of lives saved by the lower rate of motor vehicle collisions will not statistically make up for the number of lives lost due to COVID-19.

What You Should Know if You are Involved in a Traffic Collision

Fewer traffic accidents are happening in California, but they have not been totally eradicated. Given that many Californians still must drive to essential jobs, and must get behind the wheel to pick up necessities or to care for loved ones, collisions are still happening. Yet filing a motor vehicle accident claim may have some complications that potential plaintiffs should anticipate. For example:

• Seeking medical attention may be more difficult, given that you may have concerns about putting yourself at risk of exposure to COVID-19 by visiting a doctor’s office or a walk-in clinic or emergency department. Yet being assessed by a healthcare provider is essential for having a strong case.
• Insurance adjusters may be delayed. While the California stay-home order allows essential businesses like insurance companies to remain operational, many have delays due to complications pertaining to in-person investigations.
• Courts across the state are closed to all but emergency matters, and as such, you may have to wait for a court date if you file an injury lawsuit. However, your car accident lawyer can still get started on your claim today.

Contact an Encinitas Car Accident Lawyer

If you need assistance with your claim, an Encinitas car accident attorney can help. Contact the Walton Law Firm today.

See Related Blog Posts: Driving in San Clemente: Are You at Greater Risk of an Accident Than You Think? BMW Recalls Vehicles Due to Child Car Seat Safety Defect

When you are driving in San Clemente or elsewhere in Southern California, are you at greater risk of being involved in a car accident than you think? Most San Diego County or Los Angeles County residents do not get behind the wheel with the expectation of suffering injuries in a serious motor vehicle collision. Many drivers have a false sense of security when it comes to driving and auto accident risk. According to a recent article in the Patch, a high percentage of Southern Californians are “in denial about safety” based on information from a recent study. We want to tell you more about the study and discuss actual car crash risks in Southern California.

Driving is King in Southern California

More than in most other major urban areas of the U.S., driving remains the preferred mode of transportation in Los Angeles County and San Diego County. Indeed, in Los Angeles County, according to the article, “private vehicles are used at more than twice the rate of the second-most popular transportation mode, ride-hailing.” To put it another way, more than double the number of people drive than use Lyft or Uber.

Even fewer residents rely on public transportation. Given that public transportation on buses and the subway is significantly more popular and viewed as more convenient in cities like New York and Chicago, and in some cases even in the Bay Area, it may be surprising that so many Southern California residents are steadfastly committed to transportation in their own cars. Why is driving a personal vehicle so much more popular and common? According to the study, motorists have a distorted idea about their own safety and the convenience of driving.

Misconceptions and Misperceptions About Driving and Safety

According to Marlon Boarnet, a faculty member at the USC Sol Price School of Public Policy, the new survey results tell us that, even when Southern Californians have “viable alternatives to driving,” they often decide to drive their own cars “in part because they feel safer.” Motorists and motor vehicle owners disproportionately believe that they are safer in their own vehicles than in a ride-share vehicle or on public transportation.

As Wendy Wood, the Provost Professor of Psychology and Business at USC’s Dornsife College of Letters, Arts and Sciences, explained: “It’s fascinating that people believe they are safer in cars than in public transit. That’s simply false. There are 40,000 deaths per year on the highways, but only a fraction of that number of deaths on mass transit.” Indeed, about 15% of Southern Californians surveyed admitted that they had been involved in a car accident in the last year.

Why do these misconceptions and misperceptions exist? As Wood clarifies, “we all feel safe and comfortable with what we know.” To put it another way, people feel safer traveling in a way that they are accustomed to, which is driving for most Southern Californians. Even though the statistics provide different information, as the Patch article highlights, drivers continue to assume they are safer when they are behind the wheel.

Contact a Car Accident Lawyer in San Clemente

If you were involved in a motor vehicle collision in Southern California, an experienced San Clemente car accident attorney can represent you. Contact the Walton Law Firm today for more information.

See Related Blog Posts: BMW Recalls Vehicles Due to Child Car Seat Safety Defect Comparative Fault and Vista Car Accident Lawsuits

Pedestrian accidents happen a lot more frequently than they should in Encinitas, according to a recent article in The San Diego Union-Tribune. The city recognizes the particular risks for pedestrians who walk along El Camino Real, and the city is taking steps to try to make this stretch safer for anyone who is on foot. The city recently hired an expert to conduct a “walking audit” of El Camino Real with a group of participants and to make recommendations for preventing a pedestrian accident and improving safety in general for pedestrians in the area.

What can the city do to make Encinitas a more pedestrian-friendly place?

The “Walking Audit” and its Outcome

The “walking audit” was conducted by Dan Burden, a consultant hired by the city to work with participants to determine what kinds of safety measures could be taken to prevent pedestrian accidents on El Camino Real. The “walking audit” involved walking several miles with the participants down El Camino Real as they each pointed out “trouble spots” and “opportunities to do better.” Burden then developed a list of recommendations for Encinitas, and he presented them to the City Council shortly afterward.

What did Burden suggest for improving pedestrian safety on El Camino Real? He came up with two different types of recommendations—“easy fixes” as well as plans for more long-term improvement along the El Camino Real corridor.

Recommendations for Preventing Pedestrian Accidents

Here is what he recommended in terms of “easy fixes” in Encinitas:

• Plant trees in the roadway medians;
• Widen the sidewalks;
• Encourage any neighborhood shopping centers that are remodeling to link their properties to pedestrian pathways;
• Narrow certain vehicle traffic lanes on El Camino Real;
• “Colorizing” bike lanes to make them stand out better to motor vehicle operators; and
• Reduce the speed limit for vehicles on El Camino Real to 35 miles per hour.

As you might be able to guess, some of these “easy fixes” could be implemented without significant work—such as reducing the speed limit or planting trees—while others would require some substantial construction efforts, at least for a short period of time. What did Burden recommend in terms of long-term goals for reducing the rate of pedestrian accidents and fatalities on El Camino? He proposed cultivating better public and private partnerships with shopping centers along El Camino to develop pedestrian safety plans and creating a “theme” for this section of El Camino, and using it “as a decorative embellishment along the corridor.”

In other words, long-term plans should focus on raising awareness about pedestrian safety and more generally changing the way that Encinitas residents see their roles in promoting pedestrian safety along El Camino Real. According to Mayor Catherine Blakespear, the City Council “plans to set aside $250,000 in the coming fiscal year for improvements to El Camino and will use Burden’s advice as it explores how to spend that money.”

Contact an Encinitas Pedestrian Accident Attorney

If you or someone in your family suffered serious injuries in a pedestrian accident, you should speak to an Encinitas pedestrian accident lawyer to learn more about filing a claim for compensation. Contact the Walton law Firm today for more information.

See Related Blog Posts: Pedestrian Hit-and-Run Accidents in San Diego Fatal Pedestrian Accident in La Jolla

(image courtesy of Nabeel Syed)

For residents of Vista, California who regularly commute to work in San Diego County or have teen drivers on the road, it is extremely important to be aware of the dangers of distracted driving. As a fact sheet from the National Safety Council (NSC) explains, April is distracted driving awareness month. It is always a good idea to think about how distracted driving can impact our lives and to discuss safe driving and car accident prevention tips with your teen drivers. What else should you know about distracted driving and the risks of a crash in Southern California?

Using Technology to Prevent Distracted Driving in Vista

We often link technology with the increased risks of distracted driving. For instance, according to statistics from the National Highway Traffic Safety Administration (NHTSA), texting or talking on a cell phone while driving can greatly increase the risk of a serious motor vehicle crash. However, sometimes technology can actually help when it comes to distracted driving prevention.

For example, the NSC has an online distracted driving course that can “change drivers’ behavior and attitudes about distracted driving.” In addition, organizations can require employees to take an online distracted driving course to “lower liability risks and costs associated with vehicle collisions.”

Learning More About Distracted Driving Courses Online

You might consider an online distracted driving course for drivers in your family, including your teenagers. What do these online distracted driving courses look like? There are two versions: a 90-minute version and a 45-minute version. The shorter course is an abbreviated version of the longer course and typically is recommended as a refresher. The 90-minute course includes the following material:

• Research into distracted driving, including scientific studies about the brain’s reaction to distractions;
• Learning more about why people engage in distracted driving, and some of the more common distracted driving mistakes;
• Risks of distracted driving for everyone on the road, including the driver, the passengers in the distracted driver’s vehicle, and all other cars in the surrounding area;
• Steps being taken at the local and federal levels to address distracted driving; and
• Solutions to prevent distracted driving, including at your home, at work, and in the public more generally.

Apps Can Help to Prevent Distracted Driving

Online driving classes are not the only way to use technology to prevent distracted driving. As an article from Verizon Wireless explains, there are many apps for your smartphone that you can download for yourself or for your teen and are designed to prevent texting while driving. For instance, you can look into some of the following apps that block texting while driving and/or encourage drivers to be safer behind the wheel:

• Cellcontrol;
• Driver Safe Mode;
• Life2Txt;
• SafeDrive;
• Drivermode; and
• Drivesafe.ly.

As you may know, California law prohibits any use of handheld phones if you are driving. As a recent article from ABC News clarified, California drivers cannot even hold their phones to use them as GPS devices. In short, drivers in Vista must either use hands-free devices or be prepared to pay the substantial cost of a ticket.

Contact a Vista Car Accident Attorney

Were you injured in a car accident caused by a distracted driver? An experienced car accident attorney in Vista can help. Contact the Walton Law Firm today for more information about our services.

See Related Blog Posts: New Takata Air Bag Safety Risk and Recall in San Diego Medical Bills at Palomar Medical Center After Accidents

(image courtesy of Bethany Legg)

Measuring Quality of Life After a Traffic Collision

A recent study published in Annals of Emergency Medicine reported that “many seniors injured in motor vehicle crashes remain in pain for months afterwards, which negatively affects their quality of life, including the ability to live independently.” Indeed, according to Timothy Platts-Mills, MD, MSc, “the types of injuries that younger people recover from relatively quickly seem to put many seniors into a negative spiral of pain and disability.” Platts-Mills is the lead author of the study, and his academic home is in the Department of Emergency Medicine at the University of North Carolina Chapel Hill.

Many seniors suffer injuries in car accidents, and Platts-Mills emphasizes the importance of analyzing their ability to recover after they’re involved in a collision. His research is particularly relevant given that America’s senior population is expected to double in the next twenty years.

Platts-Mills’ study looked at patients who required emergency room treatment for injuries they sustained in car crashes. At the time of the emergency room evaluation, about three-quarters of those in the study indicated they were experiencing “moderate to severe pain.” Six months later, more than one-quarter of those patients “were still reporting moderate to severe motor vehicle crash-related pain.”

And for those patients with persistent pain, nearly 75 percent of them “experienced a decline in their physical function,” while nearly 25 percent “experienced a change in living situation in order to obtain additional help.” In other words, car accident injuries can dramatically impact the daily lives—in the long term—of older adults who suffer moderate to severe injuries. Older adults who experienced lasting pain after a car accident were also “twice as likely to have visited the emergency department at some point during the 6 months after the motor vehicle crash.”

Preventing Car Accidents Among the Elderly

For Platts-Mills, learning about ways to identify patients who are likely to experience lasting pain upon a first emergency visit can allow physicians to begin therapies early on to deal with chronic pain. But in such cases, older adults still suffer significant pain from auto accident injuries. How can we prevent accidents from happening in the first place? The Centers for Disease Control and Prevention (CDC) stresses that “the risk of being injured or killed in a motor vehicle crash increases as you age.” To be sure, more than 580 seniors, on average, suffer injuries each day in auto accidents.

The CDC recommends the following for preventing traffic collisions among the elderly:

• Wearing seatbelts anytime you’re behind the wheel;
• Only driving when conditions are good: driving during daylight hours and avoiding inclement weather can help seniors to avoid car accidents;
• Exercising on a regular basis to improve flexibility and strength behind the wheel;
• Having eyes checked on a regular basis;
• Planning or mapping out your route before you get into the car;
• Avoiding driving distractions, including cell phone use; and
• Considering driving alternatives, such as public transportation or riding with a family member to your destination.

If your elderly parent or loved one recently sustained injuries in an auto accident, you should contact a San Diego car accident lawyer to learn more about filing a claim for compensation.

Photo Credit: Jeremy Brooks via Compfight cc See Related Blog Posts: Road Safety and Summer Vacations Car Recalls: What Should You Know?

Slowing Down the Speed with “Vision Zero”

What’s involved in a program created to end traffic fatalities within a decade? According to Jim Stone, the Executive Director of Circulate San Diego, the most important part of the initiative is its focus on safety. In other words, we need to take a look at the reasons for the program in order to understand how it might help to reduce traffic-related deaths in the city. As Stone explained, “We have a traffic fatality rate in San Diego that’s greater than our murder rate.”

One of the first orders of business is speed of travel. Speeding is a serious problem, and it’s a type of aggressive driving that’s responsible for numerous preventable accidents. For instance, Juniper Aavang suffered fatal injuries in a traffic collision caused by speeding just a couple of months ago “as her father pushed her in a stroller through a crosswalk at the intersection of Catalina and Cannon in Point Loma.”

Stone elaborated on the cause of the death, explaining, “we know that if someone is hit by a car going 40 miles per hour they have a 20 percent chance of surviving a crash.” Given those statistics, one of the primary goals of Vision Zero is “to slow things down to a safer speed.”

City Planning Measures Can Help to Reduce Speeding

If we know that speeding is a serious problem, what steps can be taken to help reduce it? The architects of Vision Zero are looking to areas such as Allison Street, which is next to La Mesa City Hall. There, “diagonal parking lines reduce the size of the street.” According to Stone, “studies show smaller streets help slow traffic.”

But it’s not just about reducing the urge to drive fast. To be sure, Vision Zero will also need to take steps to increase pedestrian visibility. Crosswalk lights on the ground, for example, can help to alert drivers that they need to stop. In addition, more signs pointing to crosswalks and curb extensions can help to reduce pedestrian fatalities. As you might imagine, some of these methods are relatively easy to implement—adding pedestrian-crossing signs to crosswalk areas can be accomplished with relative ease, and diagonal parking lines should be relatively straightforward to implement. However, curb extensions could take more time.

Curb extensions are very important in the Vision Zero scheme, though. With curb extensions, pedestrians “can see cars coming, but more importantly the cars can see them coming.” As such, Stone articulates, “it’s a great way to improve pedestrian safety.”

Vision Zero will hone in on “eight major corridors” in San Diego, including University Avenue, Market Street, and El Cajon Boulevard. News agencies recently reported that University Avenue is the most dangerous street for pedestrian accidents in our city. Getting the program underway will cost about $15 million.

Contact a San Diego Accident Attorney

Let’s hope that “Vision Zero” can help to eradicate the car crashes and traffic fatalities that plague Southern California. In the meantime, traffic-related accidents do happen. If you or someone you love has been injured in an auto collision or a pedestrian accident, you should discuss your case with an experienced San Diego car accident lawyer. An advocate at the Walton Law Firm can speak with you today.

Photo Credit: Nathan E Photography via Compfight cc See Related Blog Posts: Fatal Pedestrian Accident in La Jolla Police Looking for Hit-and-Run Driver After Escondido Pedestrian Fatality

Vacation Travel on the Highway

On the Memorial Day holiday alone, AAA estimates that about 33 million Americans take a trip that involves road travel. Indeed, the weekend “brings the start of the summer driving season” to our country, including to the scenic highways of California. At the same time, however, “between now and Labor Day can be one of the most dangerous times of the year to be behind the wheel.” As a result, it’s essential to think about safety matters.

One of the most important actions you and your family can take is, simply, to buckle up when you’re in an automobile. According to the National Highway Traffic Safety Administration (NHTSA), more Americans than ever are using seat belts. Indeed, “Seat belt use reached an all-time high of 87 percent in 2013.” Yet many California residents still need a reminder to wear their seat belts. Nearly 50 percent of all Americans who died in car accidents last year weren’t buckled up.

In addition to wearing a seat belt, it’s also important to think carefully about your teenager’s driving experience. While a lot of teenagers in San Diego hope to take road trips once school lets our, “inexperience can put them at greater risk for accidents.” If you are going to allow your teenager to get behind the wheel this summer for a trip with friends, you should remind him or her about the dangers of distracted driving with the following rules:

• Don’t use a smartphone in the car;
• Limit the number of passengers in your teen’s vehicle; and
• No nighttime driving.

Summer also tends to mean more roadside construction. It’s easier for construction crews to do some of the necessary repairs to our highways, and as such it’s essential to drive slowly in construction zones. Construction can also lead to detours, and you’ll need to stay alert to avoid getting lost or causing an accident.

Safety Tips for Long Drives and Road Trips

In addition to general safety tips for summertime driving, you should also consider particular issues that can arise on road trips and longer highway stints. An article in Independent Traveler provides some important tips for long hauls on the road:

• Make sure to get enough sleep before you hit the road.
• Take breaks and pull over, even if you don’t think you’re tired.
• Share the drive with other reliable adults.
• Don’t break cell phone laws in other states—know the laws before you set out, and don’t get distracted by using a smartphone while you’re on the road.
• Don’t drink alcohol before your road trip.
• Have a plan for inclement weather, including potential detours.
• Always bring a map, as GPS devices aren’t infallible.
• Have your vehicle tuned up before you get on the road.
• Become a member of AAA or another roadside assistance program.

If you or someone you love recently sustained a serious injury in an auto accident, it’s important to discuss your situation with an experienced San Diego car accident attorney. Depending on the specific facts of your case, you may be eligible to file a claim for financial compensation.

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Were you been seriou

sly injured in a car accident caused by a defective automobile product? It is important to know that you can file a lawsuit to hold the manufacturer liable for your injuries. Contact an experienced San Diego product liability lawyer today to find out more about how we can assist with your case.

Airbags Can Release Metal Shrapnel, Resulting in Fatal Injuries

The defective airbags involved in the urgent recalls involve at least seven different automakers. Indeed, Takata, the Japanese automobile parts manufacturer, provides airbags for many different types of cars, trucks, and SUVs. Back in October, the U.S. government issued “an immediate recall” for nearly 5 million vehicles that were installed with defective airbags. The airbags, in case you have not read about the serious dangers they can pose, “have released metal shrapnel during crashes that has led to the deaths of at least four people.”

Since the federal recall, the consumer website providing information about the vehicle identification numbers (VINs) of those cars implicated has not been working properly. As such, it is important to check your VIN directly to see if your automobile’s airbags could be defective. By early November, the numbers for potentially affected vehicles caught up in this recall looked like this:

• 778,177 Toyota vehicles;
• 2,803,214 Honda vehicles;
• 437,712 Nissan vehicles;
• 18,050 Mazda vehicles;
• 573,935 BMW vehicles;
• 133,221 General Motors vehicles.

As you can see, millions of American drivers are at risk of a serious or fatal injury resulting from the defective Takata airbags. And those numbers continue to grow.

Recall Numbers Grow, More Automakers and Models Implicated

By mid-November, the Takata airbag recall expanded to include more Honda vehicles. According to a report in Autoblog, investigators discovered that a pregnant woman in Malaysia suffered fatal injuries in a car accident when the airbag inflator ruptured. This victim’s case was the first to be reported outside the U.S., and it resulted in the additional recall of about 170,000 Honda vehicles in Europe and Asia. With these additional recalls, the total number of potentially affected vehicles grew to more than 14 million.

Meanwhile, vehicles manufactured by Ford Motor Co. were also added to the list. A report from Automotive News indicated that Ford pickup trucks across the country may have defective Takata Corp. airbags installed in them. The recent death in Malaysia actually alerted the automaker and manufacturer to a previously unknown defect in the airbags. As such, Ford will be adding its 2004 and 2005 model year trucks to the list of Takata recalls, and it will replace both the passenger airbags and the driver’s-side airbags.

If you or a loved one sustained severe or fatal injuries in an accident caused by a defective product, you deserve to be compensated. You may be able to file a wrongful death lawsuit and should contact a San Diego defective product attorney to discuss your case.

Image Credit: DodgertonSkillhause via morgueFile See Related Blog Posts: Do Product Recalls Prevent Consumer Injury? More GM Recalls Amidst Release of Defect Report

Have hit-and-run accidents become a serious problem in the San Diego area? At the beginning of the summer, we told you about recent data suggesting that San Diego County is experiencing increasing incidents of deadly hit-and-run crashes. By June of 2014, the California Highway Patrol (CHP) catalogued more than 17,000 of these dangerous collisions. Those accidents resulted in 60 fatalities, and left more than 7,000 seriously injured.

Are pedestrian fatalities becoming the norm in Southern California? According to a recent story from NBC San Diego, deadly hit-and-run accidents continue to happen in our area.

Marine Dies in Hit-and-Run Accident

The frightening trend surrounding hit-and-run accidents continued over the summer. An active duty Marine suffered fatal injuries after he was struck by a box truck in Oceanside, California. The 22-year-old Marine, Joseph Bizzarro, was riding his motorcycle when the truck hit the back of his bike. Bizzarro “suffered major blunt head trauma,” while the “truck driver fled from the scene,” according to NBC San Diego.

The truck was identified as a “B

udget Rental.” The driver attempted to make an illegal U-turn in front of the motorcyclist; after realizing the truck’s intended movement, Bizzarro was not able to stop in time. Bizzarro was riding his bike to the military base when the accident occurred.

Emergency medical responders arrived on the scene the morning of the accident, and Bizzarro was airlifted to a local hospital, where he was placed on life support. He died as a result of his injuries several hours later.

In Bizzarro’s case, the hit-and-run driver actually “changed his mind and returned to the scene,” according to Oceanside police. The driver, Ezequiel Garcia, was arrested for a felony hit-and-run accident. Later reports indicated that Garcia was driving on an expired driver’s license.

Bizzarro’s wife has mobilized members of the community to remember her husband and to seek justice. In an interview with NBC San Diego, she emphasized that she wants Garcia to receive the maximum punishment for his role in the Marine’s death.

Hit-and-Run Laws in California

In California, an offender can be charged with a misdemeanor or a felony for a hit-and-run offense. Under the California Vehicle Code, one can be charged with a misdemeanor for leaving the scene of an accident without identifying one’s self to those involved in the crash, and if another person’s property sustained damage in the collision.

One can be charged with a felony hit-and-run offense for leaving the scene of an accident without identifying one’s self to those involved in the crash, and if another person sustains an injury, which can run from a minor injury to a fatality. In other words, a misdemeanor hit-and-run offense deals with property damage, while a felony offense applies to situations where a person suffers an injury–the seriousness of the injury does affect the charge.

If you or a loved one has sustained injuries in a dangerous hit-and-run accident, contact a San Diego car accident lawyer as soon as possible. We may be able to help you secure compensation for your injuries.

Photo Credit: Alvimann via morgueFile See Related Blog Posts: Deadly Hit and Run Accidents in San Diego San Diego Crime Stoppers Addresses Hit-and-Run Accidents

San Diego County has been experiencing several years of “the deadly hit and run,” according to a recent article in Voice of San Diego. Indeed, between the years of 2008 and 2012, the California Highway Patrol (CHP) reports that more than 17,000 hit-and-run accidents occurred across the county. In those accidents, nearly 7,000 victims sustained serious injuries and nearly 60 suffered fatal injuries.

What’s happening in San Diego County when it comes to deadly car accidents? Officer Mark McCullough indicated that the sheer number of hit-and-run accidents hasn’t climbed dramatically in the last five years, but the egregiousness of the cases has grown. For example, in 2014 alone, “11 pedestrians have been hit and killed by drivers who fled the scene,” according to data collected by the San Diego Medical Examiner’s Office. Let’s remember that the average number of deaths is about 10, and we already have 11 heinous cases reported by June of this year.

And to make matters worse, hit-and-run drivers, by and large, are getting away with these crimes. The San Diego Police Department explained that it has only solved one of the fatal hit-and-runs that have occurred since January. As early as February of this year, NBC 7 referred to the “spike in hit-and-runs as an epidemic,” and more of these catastrophic collisions have happened since.

Examples of Fatal Hit-and-Run Accidents in San Diego County

In February 2014, San Diego news agencies had reported a “quick succession” of hit-and-run accidents. On January 31, Seamus O’Bryan, 32, was killed by a white sedan that struck his motorcycle. O’Bryan had been transporting himself and a friend, Peter Newbigin, who had been visiting San Diego from Australia. The white sedan “had been traveling in the wrong lane.” It stopped only briefly after striking O’Bryan’s motorcycle before turning and “speeding out of sight.”

Many people in the area witnessed the crash and called for an emergency medical response team. However, O’Bryan was pronounced dead less than 30 minutes later. San Diego detectives “were never able to track down the driver of that white sedan.”

Just three days after O’Bryan’s death, a 23-year-old Albertsons employee, Benjamin Ramirez, died in a hit-and-run accident while walking home from work. Shortly thereafter, Alonso Flores Pacheco, an 81-year-old man from San Ysidro, was struck and killed in a similar manner.

Accident Resources and Getting Legal Help

As the article points out, the more severe a crime, the more resources that a police department will provide to track down leads. For hit and run cases that result in fatal injuries, the San Diego Police Department does its best to collect evidence that can lead to an arrest.

However, the traffic division of the San Diego Police Department has only six detectives assigned to it due to budget constraints. As such, “detectives juggle a stack of cases each day, which include misdemeanor traffic cases as well as felonies, like hit-and-run fatalities.”

Have you been injured in a car accident or lost a loved one because of a fatal hit-and-run collision? It’s important to discuss your case with an experienced San Diego accident attorney, as you may be able to seek compensation for your injuries. Contact our office to learn more about how we can assist with your case.

Photo Credit: Geoff LMV via Compfight cc See Related Blog Posts: Distracted Driving Fines and Accidents San Diego Crime Stoppers Addresses Hit-and-Run Accidents

Have you sustained injuries in a serious automobile accident? Has a loved one been injured in a traffic collision caused by a distracted driver? You may be eligible to file a claim for financial compensation. At the Walton Law Firm, our experienced San Diego car accident attorneys have been handling cases for years and can answer your questions for you today.

Details of the Chula Vista Cell Phone Crackdown

According to the news report from CBS 8 San Diego, the ticketed drivers were issued citations between 11:00 a.m. and 5:00 p.m. on a Sunday. Fifteen of them were cited for texting while driving, while the remaining 55 were cited for using a cell phone “in some other manner,” according to the Chula Vista Police.

This crackdown operation was the fourth in the month of April. On April 10, 15 drivers were cited for texting while driving, while another 60 received citations for cell phone use. Another operation took place on April 17, when 8 drivers received tickets for texting while driving and 44 were issued citations for additional cell phone use. A third crackdown operation took place on April 24, when 83 Chula Vista police issued citations to a total of 83 drivers. Of those motorists, police caught 13 of them texting while driving. The minimum citation for first-time violator is enough to make Southern California drivers think twice, at a high price of $161. For repeat offenders, the ticket increased substantially. Repeat offenders are issued citations of at least $281.

In other words, San Diego drivers who use their cell phones will be ticketed for distracted driving. In California, all drivers are “required to use hands-free equipment while talking on their cellular telephones,” according to the California Department of Motor Vehicles. In addition to hand-held talking, texting while driving is illegal in California. In case you didn’t know, there’s a “law against driving while reading, writing or sending a text message,” and the law applies to emails and instant messages, too.

Distracted Driving Statistics

Given the devastating statistics connected with distracted driving, the Chula Vista police department may have saved lives and prevented injuries with its recent crackdowns. According to the Centers for Disease Control and Prevention (CDC), more than 9 Americans suffer fatal injuries because of distracted driving everyday, and more than 1,060 sustain serious injuries.

Is distracted driving a term that only applies to using a phone in some manner while you’re behind the wheel? The CDC explains that distracted driving is any kind of “driving while doing another activity that takes your attention away from driving.” Three primary types of driver distraction exist, and they include:

• Visual distraction, which involves “taking your eyes off the road”
• Manual distraction, which involves “taking your hands off the wheel”
• Cognitive distraction, which involves “taking your mind off of driving”

All three types of distraction can be very devastating, and they can result in severe accidents. If you or a loved one has been injured in a collision caused by a distracted driver, it’s important to speak to an experienced San Diego car accident lawyer about your case. The injury lawyers at the Walton Law Firm can discuss your case with you today.

See Related Blog Posts: San Diego Crime Stoppers Addresses Hit-and-Run Accidents Fatal Distracted Driving Accident in San Diego

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