Real Examples of San Marcos Car Accidents and Settlement Amounts


Rear-end Crash on Rancho Santa Fe Road

Facts: Mr. B was the restrained front passenger of a 2007 Kia Sportage driven by his wife. They were travelling on Rancho Santa Fe Road, a busy thoroughfare in San Marcos, and were approaching an intersection when the traffic light turned red and Mrs. B slowed down and came to a stop. Mrs. B looked in her rear-view mirror and noticed a car approaching at a high rate of speed, and not seeming to slow down at all. This car, driven by a young girl, slammed into Mrs. B’s car without braking, causing the car to collide into the white Toyota pickup in front of them.

Injuries: Mr. B suffered immediate back pain and required months of therapy, including spinal injections. When his condition persisted, surgery was recommended, and he under went bilateral laminoforaminotomies at L3-L4, L4-L5 to address his pain and other symptoms.

Settlement: $250,000.00


Pedestrian Hit on Side of Freeway

Facts: J.P. suffered massive injuries when standing next to a disabled car on eastbound Highway 78 in San Marcos. The negligent driver crossed the road boundary line and struck J.P. without slowing down.

Injuries: The injuries were massive, including fractures of both legs, an arm, vertebrae, and ribs. J.P also suffered a mild traumatic brain injury. He endured numerous surgeries and therapies, and will, at some measure, have injuries that will cause problems for the remainder of his life.

Settlement: $1,500,000.00


Driver Falls Asleep, Head on Crash

Facts: TS, a minor, was on his way home from middle school when the car accident occurred. He was seated in the front passenger seat in his mom’s car and was driving east on San Elijo Road in San Marcos. The defendant was driving west bound on San Elijo Road and was tired because he had stayed up all night with his new girlfriend. He told the Sheriff deputy he fell asleep while driving, and when he did so, his car continued to travel in a straight line where the road curved. His car jumped the curb and traveled in the median for approximately 20 yards taking down several pine trees. Meanwhile, TS's mom could see the defendant’s vehicle coming at her, but was unable to avoid the collision. At impact, trees, branches, bark and debris were flying through the air, and a large branch was propelled like a pointy spear right through the middle of the front windshield, glancing off of TS's cheek.

Injuries: TS was transported to Palomar Medical Center Emergency Department with head, right shoulder and right hand pain. The pain in his right hand was a 7/10 on the pain scale, made worse with movement. It was noted in his report that the tree branch which had broken through the windshield and right front window grazed TS’s head and shoulder, and that he had injuries from broken glass and splinters. In the ER, the doctor found a 3 centimeter laceration to TS's right shoulder with multiple superficial abrasions that appeared contaminated with foreign bodies, multiple separate lacerations to the posterior aspect of the right hand, and multiple abrasions on his right forehead. He also found a 3-centimeter Y-shaped laceration on the right ear along the pinna/scalp attachment. A CT scan was taken of TS’s head and was found to be normal. A digital image was taken of his right hand, and there was a minimally displaced transverse fracture of the mid third metacarpal. They also found what looked like foreign bodies in the soft tissue of the hand.

Settlement: $150,000.00


T-Bone Crash

Facts: Mr. S, age 50, was driving his delivery truck eastbound on Craven Road in San Marcos crossing over the intersection of Craven Road and Twin Oaks Valley Road. Meanwhile, the defendant, was driving a triple axel dump truck. As the dump truck approached the intersection of Craven Road, the light was red, but the defendant couldn’t stop because his air brakes had failed. He downshifted and managed to slow down to 30 mph. He saw the red light and the cross traffic ahead and sounded his air horn to warn the vehicles. The dump truck entered the intersection and struck the rear passenger side of Mr. S’s truck causing both vehicles to spin in the intersection and flip over onto their sides.

Injuries: Ms. S was immobilized on a back board with a cervical collar and transported to the Palomar Medical Center by paramedics complaining of right upper quadrant abdominal pain and left shoulder pain where his seat belt restrained him. He had an abrasion to his left shin. In the following weeks, he experienced shoulder and neck pain, and need physical therapy.

Settlement: $60,000.00


Rear-End Accident

Facts: The car accident that caused M.J.'s injuries occurred in San Marcos, California when she was traveling approximately 35 mph in the number one lane on eastbound SR-78. According to the Police Report, traffic was beginning to slow, and defendant failed to slow her vehicle to a safe speed, plowing into the back of M.J.'s car.

Injuries: M.J. was taken to Tri-City Medical Center complaining of throbbing head pain to the posterior aspect and ringing in her right ear. In fact, the pain in her head was so concerning to her that she requested that a CT scan be performed. Fortunately, the CT scan came back negative for any acute intracranial findings. M.J. was diagnosed with a head contusion and given Tylenol for pain. While her head pain subsided in the days after the accident, the ringing in her ears did not. She was diagnosed with tinnitus in her ear and some hearing loss, that its connection to the accident was hotly disputed.

Settlement: $27,000.00


Rear-End Accident

Facts: Ms. R’s read-end accident injuries occurred in San Marcos, on Deer Springs Road, at the intersection with Sycamore Drive. She was driving a pickup truck and was traveling southbound on Deer Springs Road approaching Sycamore Drive. As she approached the intersection she put her left turn signal on and slowed to a stop to make a turn on to Sycamore. As she was waiting for traffic to clear to make the left turn she was hit from behind by the defendant, who was driving between 35-45 at the time of impact. Both vehicles suffered major damage.

Injuries: Due to the impact, Ms. R immediately complained of pain to her neck and back and was transported by ambulance to Palomar Medical Center ER for further evaluation and care. At the ER, a CT of her cervical spine revealed she was suffering reversal of normal cervical spine lordosis, likely due to spasm or ligamentous sprain. She was discharged home with a diagnosis of acute neck sprain, and prescribed medications for pain and muscle spasm. Ms. R also missed 80 hours of work.

Settlement: $20,737.24

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