COMMENTARY BY SAN DIEGO PERSONAL INJURY ATTORNEY SAM SPITAL:
“On December 16, 2012, the UT San Diego online edition printed an article regarding a 53 year old woman who died as a result of her crash into the flatbed of a semi-truck as she changed lanes on Highway 8, and then ran off the road and crashed into a tree.
The family and/or one of the heirs may seek advice from a personal injury lawyer to evaluate whether to bring a wrongful death case. Even though one is primarily responsible for operating his/her vehicle in the proper way to avoid accidents, the potential defendants and theories of liability in such a lawsuit would be for any dangerous condition as a result of the design and maintenance of roads and highways by the city, county and state government respectively. In addition, the overall safety, as well as design and manufacturing defects of the vehicle the woman was driving can be the principal or actual cause or a contributing cause of her death. As reported by the Centers of Disease Control and Preventing, accidents sadly remain the fifth leading cause of deaths in the United States, coming after heart disease (#1), cancer (#2), chronic lower respiratory diseases (#3) and strokes (#4). See http://www.cdc.gov/nchs/fastats/lcod.htm and the CDC website in general for a wealth of information related to public health issues and problems.”