San Diego Personal Injury Lawyers Blog

CNN reports that the commuter rail system Metrolink and its former train operating contractor, Connex Railroad, are in settlement negotiations with the families and victims of a 2008 deadly crash. The defendants are offering to pay $200 million in settlement monies, which is the liability cap for passenger rail accidents under federal law.

Twenty-five people were killed in the crash, and more than one hundred were injured on September 12, 2008, when a commuter train collided with a Union Pacific freight train in Chatsworth, California. Federal investigators determined that the commuter train's engineer, a Connex employee, was sending text messages merely seconds before the crash.Texting While Operating A Motor Vehicle

Texting and driving is dangerous and is against the law in California. Senate Bill 28, enacted on September 24, 2008, "prohibits a person from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication."

New legislation has been introduced that could increase the fines for sending text messages and talking on hand-held cell phones while operating a motor vehicle. If California Senate Bill 1475 is passed, it would add a point to one's driving record. The new law is also extended to include bicyclists.

Continue reading "Deadly California Rail Crash Plaintiffs In Settlement Negotiations ~" »

Have you or a loved one suffered a personal injury due to the negligence of someone else?
If so, you should consult with an experienced, aggressive attorney to find out what your legal rights are and what your next steps are.

Choosing An Encinitas Personal Injury Lawyer

After an automobile accident, dog bite attack, slip/trip-and-fall incident, bicycle injury, motorcycle injury, or any other event involving serious injury or the wrongful death of a loved one, it is very important to work with a law firm that specializes in personal injury.

The types of skills required to successfully handle a serious accident or wrongful death case are very specific. Don't be fooled by choosing a lawyer who dabbles in these types of cases, rather than one who handles them exclusively, as we do. Making a bad choice in getting the wrong attorney can be one of the most regrettable decisions you can make, and may significantly reduce the outcome you might otherwise be able to achieve.

Jason Kerckhoff is an experienced Encinitas accident lawyer with over 28 years of experience providing legal representation to serious accident victims in southern California, including Encinitas, Carlsbad, Cardiff-By-The-Sea, Solana Beach, and Del Mar.

The Associated Press reports that a flask was found in the Chevy Trailblazer driven by an underage driver who was involved in a Greyhound bus crash on July 22nd. The Highway 99 crash fatally injured six people, including the driver and her two passengers.

Investigators want to know who may have provided alcohol to eighteen-year-old Sylvia Garay, the driver of the SUV. Authorities have reported that her blood alcohol level was allegedly above the legal limit.

A preliminary investigation showed Ms. Garay made an abrupt left turn across the northbound lanes of Highway 99 and hit the center divider, flipping the Chevy Trailblazer on its side. The SUV was then struck by an oncoming Greyhound bus.

Documents filed in Fresno County Superior Court said that a crushed metal flask which smelled of alcohol was found in the wreckage of the SUV. California Highway Patrol investigators sought a search warrant to confiscate the flask, as well as to obtain Ms. Garay's cell phone records.

Alcohol & Driving

The official cause of the accident is still under investigation. If it is determined that the driver of the SUV lost control of her vehicle due to being over the legal limit, then the decedents' heirs may have a claim against various people who may have been somehow involved in allowing this young lady to drive in an intoxicated state.

Continue reading "Flask Found In Fresno County July 22nd Fatal Bus Crash ~" »

The California Highway Patrol reports that a vehicle driven by the U.S. Ambassador to Malta crashed near Calabasas, California, killing a nun and injuring a 94-year-old pastor from their church. The driver, U.S. Ambassador Douglas Kmiec (kah-MEK), also sustained moderate injuries in Wednesday's crash.

CHP Officer Leland Tang says Kmiec was driving a Hyundai Accent on Mulholland Highway when the vehicle veered onto the shoulder and into a drainage ditch. Sister Mary Campbell of Our Lady of Malibu Catholic Church unfortunately passed away at the scene. Pastor Emeritus Monsignor John Sheridan was fortunate to have only sustained moderate injuries.

The group of three were heading back to the church from Louisville High School in Woodland Hills when the crash occurred.

Kmiec, a U.S. Ambassador to Malta since September 2009, is a law professor at Pepperdine University.

Accident Liability

The families of the victim and the injured persons should contact a California personal injury lawyer to investigate the cause of the crash and to discuss their legal options.

Sources: The Associated Press

Continue reading "Calabasas August 25th Accident Kills One ~" »

Three adults and one child were killed last Tuesday at approximately 6:15 p.m in a two-vehicle crash in Stanislaus County, California, according to police reports. The crash occurred at the intersection of East Las Palmas and Elm Avenues. The van's driver was among the four that were killed, along with a man, woman, and child in the SUV. Another passenger in the SUV suffered serious injuries and was airlifted to Doctors Medical Center in Modesto.

According to the CHP, the crash occurred when a Ford Expedition traveling east on Las Palmas Avenue was broadsided by a Chevy van that was traveling northbound on Elm Avenue in Patterson. The SUV then slammed into a palm tree at the corner.

The CHP said it appears the van failed to stop at a stop sign.

Accident Liability Issues

The official cause of the accident is still under investigation. Officials are trying to determine whether or not alcohol or drugs were factors in the crash.

Who is to blame for the injuries and deaths that occurred in the crash in Patterson? Was the driver of the Chevy van the cause of the crash?

Hiring An Experienced Personal Injury Lawyer

The families of the victims should contact a California wrongful death lawyer to investigate the cause of the crash and to discuss their legal options.

Sources: California Highway Patrol, Modesto Bee, Kerckhoff Law Newsletter

Continue reading "Stanislaus County Crash Leaves Four Dead ~" »

Officials have reported that motorcyclist Dean L. Brodie of San Diego lost control and was thrown from his motorcycle on Mount Acadia Boulevard. The August 23rd incident resulted in the unfortunate passing of Mr. Brodie, who was forty-two years old.

SanDiego6.com reports that the motorcycle struck a sign post and guardrail, causing Mr. Brodie to be thrown from his bike. A passerby called 9-1-1, and paramedics transported Mr. Brodie to Sharp Memorial Hospital.

Unfortunately, efforts to save him were not successful.

Liability For Injuries & Deaths

The loved ones of the victim would be wise to contact a San Diego personal injury lawyer as soon as possible to investigate this tragic event.

Sources: SignOnSanDiego.com, SanDiego6.com

480 million eggs have been recalled in an effort to stem the outbreak of salmonella, which has caused illness to more than 2,000 people to date. The outbreaks have been traced to in-shell eggs from both Wright County Egg and Hillandale Farms, located in Iowa.

The following brands have been recalled:

This is one of the largest egg recalls in history. According to William Hubbard, the former FDA Associate Commissioner, he believes the investigation is nowhere near complete.

Continue reading "Salmonella Outbreak Causing Extensive Egg Recall ~" »

10News.com reports that two sailors died Tuesday in a South Bay crash when the car in which they were driving crashed over the rail of the ramp from Interstate 5 south to State Route 54 east in San Diego County.

A 1998 Chevy Corvette fell 100 feet and landed upside down on the I-5 north shoulder at approximately 4:10 p.m. Fortunately, no cars below were involved. According to a sergeant with the California Highway Patrol, motorists and witnesses stopped to help and actually overturned the upside down vehicle.

The driver, who was an active-duty sailor, was pronounced dead at the scene. His passenger, a fellow active-duty sailor, died an hour later at UCSD Medical Center.

Dangerous Roadway Liability

Apparently, this is not the first time that a vehicle has flown off of the ramp to SR-54 east. A man died in the summer of 2005 when his pick-up truck crashed over the rail. The victim's mother told 10News that they blame the ramp's engineering, referring to it as a "launch pad."

The families of the victims should contact a San Diego personal injury attorney to investigate the cause of the crash and to discuss their legal options.

Continue reading "San Diego Sailors Killed After Car Plunges Off Ramp ~" »

A San Marcos woman accused of crashing into the back of a car parked on the shoulder of State Route 78 ~ killing three people ~ is scheduled to be arraigned today in a Vista courtroom.

33-year-old Debbie Sumi is expected to be charged in causing the August 13th crash near the Sycamore Avenue exit.

Paramedics took Sumi to Palomar Medical Center in Escondido for treatment of severe injuries, and placed her under arrest on suspicion of vehicular manslaughter and driving while intoxicated.

Hiring An Experienced Personal Injury Lawyer

In order to learn more about your legal rights as an injured bystander, or if you are a family member of someone who was killed in this crash, contact an Kerckhoff Law, APC as soon as possible to discuss your potential case and rights to compensation from whoever is responsible for the accident.

Continue reading "San Marcos Woman To Be Arraigned For Fatal DUI Crash ~" »

It's been two weeks since two north county San Diego teenagers were killed in a horrific SUV versus van crash near Bishop, California. Two survivors of the crash, Derek Thomas and Drew Delis, who are recent graduates of Cathedral Catholic High School, are still fighting for their lives. On Sunday, August 22nd, a blood drive was held for them at St. Therese of Carmel in Carmel Valley.

According to 10news.com, Derek Thomas is showing signs of improvement, but needs multiple surgeries and donated blood. Apparently he requires two surgeries per month for the next several months.

Thomas was riding in a Ford Expedition which crossed into oncoming traffic on Highway 395 and crashed into one of three vans carrying athletes from Cal-Baptist in Riverside.
Killed in the crash were Amanda Post and Natalie Nield, also graduates of Cathedral Catholic High School. Derek Thomas and Drew Delis suffered severe burns in the crash.

Aside from the two San Diego survivors of the crash, the blood drive will benefit a blood supply that is always diminished in summer.

Accident Liability Questions

Who is to blame for the injuries and deaths that occurred in the fiery crash in Bishop? Was the driver of the Ford Expedition the cause of the crash? Was the roadway dangerous? Consultation with an experienced personal injury attorney can help to answer these questions and pursue all available legal channels.

Continue reading "Blood Drive Held For Injured San Diego Grad Victims ~" »

This morning, August 19th, an SUV driven by 35-year-old Carlos Manuel Aguilar Martinez
plowed into a bus stop in National City, sending a 15-year old boy to UCSD Medical Center with serious injuries.

Authorities report that the SUV went up on the sidewalk and destroyed the bus stop at Plaza Boulevard and Palm Avenue. The injured 15-year-old boy was inside the bus stop at the time of the crash. He was pushed by the impact but not pinned under the SUV. However, he was hospitalized with mutiple fractures.

National City Police say the driver was taken into custody. According to 10News, the driver was ultimately charged with DUI resulting in bodily injury, and his bail was set at $50,000.

The driver currently has an immigration hold.

Sources: 10News

Continue reading "SUV Plows Into National City Teenager At Bus Stop ~" »

Eight people died Saturday night at the California 200 off-road race, when an out-of-control truck plowed into a crowd of spectators. Four of the decedents resided in San Diego County. Among those killed were Anthony Sanchez, 23, of Escondido; Brian Wolfin, 27, of Escondido; Aaron Farkas, 25, of Escondido; and Michael James Dickinson, 34 of Spring Valley.

The deaths occurred after a modified Ford Ranger driven by another San Diego County man, Brett M. Sloppy, 28, of San Marcos, drove into the crowd shortly after the start of the California 200 race.

The Bureau of Land Management is looking into the deadly crash, as well as conducting a safety review of other off-road vehicle events in California's deserts. Spectators at the August 14th race were shown on video to be standing as close as five feet from the race course, with no barriers to protect them. The race's sanctioning body, Mojave Desert Racing, urges spectators to stay back 100 feet from the 50-mile course.

Accident Liability Questions

Who is to blame for the injuries and deaths that occurred at the California 200 race? Was the federal government negligent in allowing this event to take place without proper safety measures in place? Did the decedents and injured spectators put themselves in danger by being too close to the race track? Did the race promoters follow proper procedures to protect the large crowd of spectators?

Liability For Injuries & Deaths

The victims and their loved ones would be wise to contact a California personal injury lawyer as soon as possible. There are unique liability issues to be addressed, and the victims and their families only have a limited amount of time to pursue claims for their injuries or a loved one's wrongful death. In order to learn more about your legal rights as an injured bystander, or if you are a family member of someone who was killed in this crash, contact an experienced personal injury lawyer as soon as possible to discuss your potential case and rights to compensation from whoever is responsible for the accident.

Continue reading "8 Deaths At California 200 Mojave Desert Race ~" »

Have you or a love one been injured by someone else's negligence in an El Centro accident? If so, you should consult with an experienced, aggressive attorney to find out what your legal rights are and what your next steps are.

Choosing An El Centro Serious Injury Lawyer

After an automobile crash, dog bite attack, slip/trip-and-fall incident, bicycle injury, motorcycle injury, or any other event involving serious injury or the wrongful death of a loved one, it is very important to work with a law firm that specializes in personal injury.

The types of skills required to successfully handle a serious accident or wrongful death case are very specific. Don't be fooled by choosing a lawyer who dabbles in these types of cases, rather than one who handles them exclusively, as we do. Making a bad choice in getting the wrong attorney can be one of the most regrettable decisions you can make, and may significantly reduce the outcome you might otherwise be able to achieve.

Jason Kerckhoff is an experienced El Centro accident lawyer & Imperial Valley personal injury lawyer who has over 28 years of experience providing legal representation to serious accident victims in southern California, including San Diego, Riverside, San Bernardino, Orange, and Imperial Counties.

The Chairman of the CPSC, Inez Tenenbaum, stated: "Far too many people are losing their lives and sustaining life-threatening injuries, which in many cases are preventable. CPSC is working diligently to ensure that the ATVs on the market meet mandatory standards and to promote safe riding practices."

In April 2009, it became mandatory for ATV distributors and manufacturers to offer free hands-on training through their dealers to first-time purchasers, as well as to age appropriate members of their immediate families, within a reasonable time from purchase.

History Of The ATV>