Losing a loved one in a traffic fatality can be horrific. If you or a friend has lost a loved one due to someone else's negligence, you would be well-advised to seek the advice of an experienced wrongful death law firm.

The types of skills required to successfully handle a wrongful death claim are very specific and highly developed. It takes a certain type of skill to be able to persuade a jury to award money not to the victim, but to the living heirs of the victim, to compensate the living heirs for the loss of their loved one.

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 in settlement or at trial.

Continue reading "Carlsbad Serious Injury Attorneys Offer Free Consultation For Wrongful Death Victims" »

Have you or a loved one been seriously injured in an accident in Cardiff-By-The-Sea? If so, you should consult with an experienced, aggressive attorney to find out what your legal rights are and what your next step should be.

Choosing A Cardiff-By-The-Sea 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.

Our Cardiff-By-The-Sea personal injury lawyers are experienced trial lawyers and have in excess of fifty years combined experience providing legal representation to serious accident victims in southern California, including San Diego, Riverside, San Bernardino, Orange, and Imperial Counties.

Continue reading "Cardiff-By-The-Sea Serious Injury Accident Lawyers" »

Do you talk on your cell phone while driving? Have you had a close call or caused an accident because you were talking on your cell phone? Have you been pulled over or ticketed for talking on your cell phone?
Friday, April 30th, has been declared as "No Phone Zone" pledge day by TV talk show hostess, Oprah Winfrey.

Everyone is encouraged to sign the "no phone zone" pledge in order to make our roadways safer. Minimizing serious injuries and fatalities to our motorists should be a number one priority.

Continue reading "Oprah's "No Phone Zone" Pledge Day ~ April 30th" »

Today, military officials released the name of the 22-year-old Camp Pendleton marine who was fatally injured last week after crashing her car into a telephone pole.

Cpl. Samantha Shultz of Placer County enlisted with the Marine Corps in August 2005, and deployed to Irag three years later. She died on April 22nd after losing control of her vehicle on Camino del Rey, near State Route 76, in Bonsall (San Diego County). Her car hydroplaned on the wet roadway and slammed into a telephone pole. She was taken to Palomar Medical Center, where she died the next day.

A memorial service is scheduled for Friday, April 30th at Marine Memorial Chapel at Camp Pendleton in Oceanside, California.

Continue reading "Car Crash Fatally Injured San Diego Marine" »

On April 21, 2010, Trendset Originals, LLC of New York, N.Y., recalled their girls' hooded "Shampoo" jackets with drawstrings because of strangulation and entanglement hazards. The U.S. Consumer Product Safety Commission states that consumers should stop using the recalled products immediately unless otherwise instructed.

Hazard
The hooded jackets have a hood drawstring that can pose a strangulation hazard to children. The sweater jackets have a waist drawstring that can pose an entanglement hazard to children.

This recall involves two styles of girls' jackets. The "Shampoo" brand jackets are denim with a pink hood and sleeves, and were sold in sizes 5/6, 7/8, 10/12 and 14/16. The "Marci & Me" brand sweater jackets are black or tan and were sold in sizes 7/8, 10/12 and 14/16. The neck tags read "Shampoo" or "Marci & Me." These jackets were sold exclusively at: Burlington Coat Factory stores nationwide from September 2007 through September 2009 for $11 to $13.
Remedy
Consumers should immediately remove the drawstrings from the jackets to eliminate the hazard. Consumers can also return the jackets to any Burlington Coat Factory store for a full refund.

Contact Trendset Originals at (800) 908-8308 between 9:30 a.m. and 5:30 p.m. ET Monday through Friday, or visit the firm's Web site at www.trendsetny.com, if you have questions.

Continue reading "Safety Recall ~ Two Girls' Hooded Jackets" »

Dangerous roads in Imperial County can cause injury to motorists, bicyclists, motorcyclists, and pedestrians, and can create liability against the State of California, Department Of Transportation (known as CalTrans). Of course, liability may be apportioned (allocated) between the first class of persons noted above, the State, and potentially other defendants who may have played some role in creating or maintaining a dangerous condition.

A motor vehicle operator driving an automobile (passenger vehicle, big rig truck, van, or bus), must make sure that they constantly stay alert, and maintain continual awareness of the numerous harmful factors that can cause an automobile crash to occur at any moment. Many people may not be aware of the fact that numerous accidents and injuries occur because of defectively designed or improperly maintained roadways. Expert San Diego attorneys understand dangerous roads.
The condition of the roadways that are continuously traveled on, highways, intersections, and even safety equipment on roadways can pose a serious threat to many vehicle drivers. Not only do a number of accidents occur in cities such as Imperial, Brawley, Heber, Seeley & Caleixco, there are a number of auto accidents caused by poorly maintained roads. Additional causes of road defects accidents include problems occuring with medians, barriers, signs, shoulders, lights, exit ramps, lane markers, and intersections.

Continue reading "Injured Due To A Dangerous El Centro Road?" »

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This past February, the first NFL Brain Injury Group meeting was held in Palm Beach, Florida. The relationship between professional football and brain injury has been heavily discussed in the media during the past few months.

In fact, the issue has even gone to Congress. Earlier this year, congressional hearings were held to look into the link between professional football and dementia, and other signs of brain injury. This was a follow-up to a compete hearing conducted last October in Washington, D.C. During that hearing, the NFL received severe criticism for the manner in which it has handled the issue of brain injuries in football players. NFL Commissioner Roger Goodell testified about his league's concussion policies. The league has since agreed to several changes in the rules to minimize the risk of brain injuries.

The Mackey-White Traumatic Brain Injury Committee consists of professional athletes, current and past NFL players, doctors, and scientists. The committee was formed as a forum for discussion of brain injuries in professional football, the latest research linking injuries to football, as well as safety recommendations to prevent injuries.

The Committee is named after athletes Reggie White, who died at the age of 43 after his retirement from professional football, and John Mackey, who suffers from Alzheimer's disease.

California brain injury lawyers know that getting the NFL to admit that there is a high risk of brain injury caused by continuous blows to the head has been no easy task. The NFL's Dr. Ira Casson testified at the hearing earlier this year that there wasn't enough evidence to determine whether repeated head blows could cause long-term brain damage. However, in December 2009, an NFL spokesperson made a startling admission - that medical research had proved that repeated concussions can cause long-term problems.

Continue reading "Minimizing NFL Brain Injuries" »

On April 15th, a recall of baby walkers due to a fall hazard was announced by the U.S. Consumer Product Safety Commission. If you or someone you know has purchased one of these baby walkers, you should stop using it immediately and return it to the store you purchased it from.

The recalled product is called "Baby Walkers" imported by Le Hing, Inc., of South El Monte, California. The item number L-0809EN, which is printed on the side of the box.

The walkers, which are blue or pink with a white tray, can fit through a standard doorway and are not designed to stop at the edge of a step. Therefore, babies 6 months and older using these walkers may be seriously injured or killed.

The walkers were sold at small independent retailers and discount stores in California and Arizona from June 2009 through August 2009 for $25 to $28.

Remedy: Consumers should stop using these walkers immediately and return them to the store where purchased for a full refund.

Contact Le Hing Inc. collect at (626) 575-8566 between 10 a.m. and 4 p.m. PT Monday through Friday for further information.

Continue reading "Recall Of Dangerous Baby Walkers" »

According to the New York Times (4/21/10), Toyota "has added another model to its long list of recalls, just hours after agreeing to pay the largest fine ever imposed by the government against an automaker." Toyota further said "that it would recall the Lexus GX 460 and the Land Cruiser Prado, which is sold abroad, to fix a problem with its stability control system that was first disclosed last week by Consumer Reports magazine." The recalls "cover 34,000 vehicles worldwide - of which 9,400 units are in the United States."
With regard to Toyota's agreement to pay the large fine for the sudden acceleration problem, Secretary LaHood stated: "Toyota has accepted responsibility for violating its legal obligations to report any defects promptly."

According to the National Law Journal (4/20/10), "A federal judge overseeing nearly 200 lawsuits filed against Toyota has appointed four lawyers as temporary lead counsel for all the cases and set May 13 as the first scheduling hearing. US District Judge James V. Selna of the Central District of California appointed three plaintiffs lawyers to serve as temporary lead counsel: Steve Berman, managing partner of Seattle's Hagens Berman Sobol Shapiro; Elizabeth Cabraser, a partner at San Francisco's Lieff Cabraser Heimann & Bernstein; and Marc Seltzer, a partner in the Los Angeles office of Houston's Susman Godfrey. The judge appointed one of Toyota's attorneys, Cari Dawson, a partner at Atlanta's Alston & Bird, to serve as lead counsel for the defense."

Continue reading "Another Toyota SUV Recall" »

Today, April 21st, at 2:30 p.m., the Coronado police arrived at the scene of a crash on Highway 75 (the Silver Strand) involving at least three vehicles. One person was pronounced dead.

Highway 75 will be closed for two hours, causing traffic on both sides of the highway to be at a standstill.

Personal Injury Liability Issues

While this Coronado crash remains under investigation, the victims and their families should contact an experienced San Diego attorney as soon as possible. If anyone was injured at the scene, he/she should request medical treatment right away.

The victims may be entitled to compensation for their injuries, pain and suffering, and lost earnings, which should be discussed in consultation with the attorney.

Continue reading "One Person Killed In Coronado Multi-Car Crash" »

Have you ever left your children under the supervision of another person? With someone at your child's school, at your church, or at another event? If so, you may have felt uneasy about this decision. Sometimes we as parents or guardians feel unsure about a decision that involves leaving our children somewhere else, and this may be because we know that our children are ill-equipped to keep themselves safe wherever they go.

Children deserve care and attention, no matter where they are or what they are doing. Parents or guardians of children who have been involved in an accident due to unsafe conditions should contact a lawyer who is familiar with injury accidents involving children.

Many parents are not aware of how to speak with their children about certain issues. Children understand subjects that they can immediately associate with. Parents should avoid using only words such as "good" and "bad" to explain something. Instead, parents should indicate why something is good or bad by explaining the consequences that certain actions have, how it relates to their child, and by being concrete regarding how he or she should handle themselves when faced with an unsafe situation.

Tips to discuss with your children:

Wash your face and hands: You do not want to catch an illness or disease that another child has and you do not want to spread whatever you have to another child.

Do not talk to strangers: If an adult you don't know approaches you asking questions, tell him you first have to ask your mom (or your teacher or whichever adult is nearby), and then leave to go find that person.

Continue reading "Child Safety In El Centro, California" »

Tiffany St. Ives of Valley Center, California was arrested in February 2010 on suspicion of tragically hitting & killing 17-year old Marlene Resendiz with her vehicle as Marlene crossed a street in Escondido, California. Prosecutors said Marlene was thrown onto the vehicle's hood and then carried 400 yards before finally rolling off.

Prosecutors said Ms. St. Ives sustained front-end vehicle damage which she subsequently repaired and painted to cover-up the incident. The victim's mother has filed a $25 million wrongful death lawsuit.

On April 15, 2010, Ms. St. Ives' goats and other animals were rounded up and removed from her 10-acre property in Valley Center. Approximately 20 volunteers from a Los Angeles-based animal rescue center helped out with the goat wrangling after accused hit-and-run driver Tiffany St. Ives agreed to relinquish the 130-plus animals she can no longer care for.

The defendant, who has operated Purple Cow Animal Sanctuary since 1993, pled not guilty to charges of leaving the scene of the 2007 fatal accident. She faces a maximum sentence of four years in prison if convicted.

Wrongful Death

Wrongful death is defined as a death caused by someone else's negligence, recklessness, malpractice, or inaction. Some examples of wrongful death include:

• A pedestrian being killed by a negligent driver (as above);
• A child killed by a careless motorist;
• A spouse murdered by his/her ex-spouse; and
• A passenger killed by the negligence of a vehicle driver.

Wrongful death lawsuits are usually filed by the surviving spouse, children, or parents of the deceased.

Continue reading "San Diego Wrongful Death Driver Accused Of Hit & Run " »

An official (speaking anonymously) from Toyota said the company is planning to recall the 2010 Lexus GX 460 to address its potential roll-over problem. The recall affects about 6,000 vehicles that have been sold since the SUV went on sale in late-December 2009. Last week, Consumer Reports issued a "Don't Buy" warning of the 2010 GX 460, stating it was susceptible to rolling over.

No formal announcement has yet been made by Toyota.

On Monday, April 19th, the automaker also agreed to pay a record $16.4 million fine for failing to properly report a safety problem with defective gas pedals in its other vehicles.

Continue reading "Toyota Will Recall Lexus GX-460" »

According to the Imperial Valley Press, Jesse Arvizu, 61, of Imperial, California was severely injured on April 4th, the day of the 7.2 Mexico earthquake that rocked Southern California. Mr. Arvizu sustained a severe head injury from a sign that fell on him at an Imperial Valley Car wash in El Centro, California.

Mr. Arvizu, a 61-year-old former field worker, was walking north on Imperial Avenue near Woodward Avenue when the sign fell on him, his daughters said. A friend, Louie Yrigoyen, found Mr. Arvizu face down in a ditch. The sign partially covered Mr. Arvizu's legs. Mr. Yrigoyen and another man slid the sign off of Mr. Arvizu so that he could receive medical attention. Mr. Arvizu was then flown to the UCSD Medical Center in San Diego, California, where he was listed in critical condition.

View Larger Map
Mr. Arvizu is apparently the only Imperial Valley resident to have received critical injuries when the magnitude 7.2 earthquake rocked Baja California and the Imperial Valley on April 4th.

Continue reading "Imperial Valley Man Severely Injured Due To April 4th Earthquake" »

San Diego County experienced an increase in automobile crash fatalities this weekend. Unfortunately, eight men and women were killed in separate incidents on San Diego County roadways.

Jamul
Today, Sunday, April 18th at 2:57 a.m., a young Alpine man was killed in a hit-and-run crash on a two-lane stretch of state Route 94 in Jamul, authories said. The body of Jonathan Michael Ulmer, 21, was found on Campo Road just southeast of Proctor Valley Road, according to the San Diego County Medical Examiner's Office. Paramedics arrived at the scene and pronounced Mr. Ulmer dead. Mr. Ulmer is survived by his mother.

Escondido & Valley Center
Two people were killed in a pre-dawn head-on traffic crash on Sunday, April 18th at Old Castle Road (a two-lane road), east of Champagne Boulevard, in-between Escondido and Valley Center, according to the California Highway Patrol. Michelle Santos, 32, of Oceanside, was driving westbound on Old Castle Road, east of Champagne Boulevard, just after 4 a.m. when the vehicle swerved into oncoming traffic, according to the CHP and the San Diego County Medical Examiner's Office. She died at the scene. The other driver, a 65-year old white female, died at a local hospital. Lanes in the area were closed for several hours because of the investigation.

Oceanside - Camp Pendleton
A Escondido man walking on Interstate 5 was killed yesterday, April 18th at 4:15 a.m., when he was struck by a vehicle near the main gate of Camp Pendleton. The body of 29-year-old Alfredo Sanchez was discovered in the center divider of the I-5 northbound lanes, north of Harbor Drive in Oceanside, according to the CHP. Law enforcement was put on the lookout for a white Honda or Acura with front-end damage that may have fled the collision, but the driver later returned to the scene.

Fallbrook
Jose Gaspar Ajca of Fallbrook was injured in a crash in the 400 block of Ammunition Road at approximately 7:30 a.m. on Sunday, April 18th. He was transported to Palomar Medical Center in Escondido where he died about an hour later, according to the San Diego County Medical Examiner's Office. Mr. Ajca was employed at the Marine base.

Point Loma
87-year old driver Rolando Arnold, who resides in San Diego, was killed in a traffic accident on Sunday, April 18th at 8:15 a.m. at Nimitz Boulevard and Centraloma Drive in the Loma Portal area of San Diego. He was taken to a nearby hospital and died several hours later.

Continue reading "8 Automobile Deaths In San Diego County ~" »

Dangerous roads in San Diego can cause injury to motorists, bicyclists, motorcyclists, and pedestrians, and can create liability against the State of California, Department Of Transportation (known as CalTrans). Of course, liability may be apportioned (allocated) between the first class of persons noted above, the State, and potentially other defendants who may have played some role in creating or maintaining a dangerous condition.

A motor vehicle operator driving an automobile (passenger vehicle, big rig truck, van, or bus), must make sure that they constantly stay alert, and maintain continual awareness of the numerous harmful factors that can cause an automobile crash to occur at any moment. Many people may not be aware of the fact that numerous accidents and injuries occur because of defectively designed or improperly maintained roadways. Expert San Diego attorneys understand dangerous roads.

The condition of the roadways that are continuously traveled on, highways, intersections, and even safety equipment on roadways can pose a serious threat to many vehicle drivers. Not only do a large number of accidents occur in cities such as San Diego, Carlsbad, Oceanside, Escondido, and Poway, there are a number of auto accidents caused by poorly maintained roads. Additional causes of road defects accidents include problems occuring with medians, barriers, signs, shoulders, lights, exit ramps, lane markers, and intersections.

Continue reading "Injured Because Of A Dangerous San Diego Road?" »

Football is America's most popular sport, providing hours of enjoyable entertainment to avid fans. But it's not all fun and games for the players. Doctors believe head trauma suffered by football players while playing professional football may cause early onset dementia. Examinations of the brains of two now deceased players, Mike Webster and Andre Waters, revealed early onset dementia. Other former players currently suffer from similar injuries.

Last month, former Pittsburgh Steeler and San Diego Charger Ralph Wenzel became the first former NFL player to file a workers compensation claim in a California court against the NFL for injuries resulting in dementia. His lawsuit will be closely watched by the NFL to determine what its liability will be, if any.

HBO's sports magazine series "Real Sports" authored two stories regarding the NFL's long-adopted policy of ignoring concussions and allowing players back on the field immediately after sustaining a head injury.

The NFL has been forced to examine the long-term effects of America's most popular sport and has implemented new policies regarding the treatment of head injuries and concussions. Players are required to sit on the bench after sustaining a head injury, and equipment improvements and limiting head-to-head contact have also been implemented.

The long-term effects of the NFL's changes are unknown, but provide little support to former players who have already suffered injury. Of most importance is the recent revelation that any impact to the head causes some degree of brain damage. The damage may have less to do with extreme collisions than the cumulative effect of each seemingly harmless blow to the head suffered over the course of a player's career.

Continue reading "Brain Injuries Suffered In The NFL" »

A Texas jury has ordered a college student, Jason Reed Vestal, to pay more than $21 million in damages after finding him grossly negligent for texting while driving, causing a fatal crash. The unanimous verdict is one of the largest yet in a texting-while-driving lawsuit (Small v. Vestal, No. 08-01-18000-CV {Tex., Robertson Co. Dist. Ct. Mar. 17, 2010}). "This verdict sends a message loud and clear that the people of Texas will not tolerate this conduct," said Hunter Craft, a Houston lawyer representing the plaintiffs.

The victim's family wants to make texting while driving illegal in the state. The defendant driver made seven phone calls and sent fifteen text messages during the forty-five minutes he was on the road prior to the crash.

In 2007, Jason Reed Vestal was driving his pickup truck on Highway 6 near Calvert, Texas, when he crossed the center-line and hit the victim's car head-on. The crash killed the other driver, 21-year-old Megan Small, a Baylor University student. Also injured in the crash was Small's friend Laura Gleffe, driving her vehicle behind Small's. She was run off the road by Vestal's truck.

After evading all criminal charges, the Small family turned to civil court. The defendant, who is a graduate student at Texas A&M, declared bankruptcy at the start of the trial, so attorney Craft acknowledged that the verdict was largely symbolic. The Small family announced it would share any compensation collected with Laura Gleffe.

Texting and driving is not only dangerous, it's 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 handheld cell phones while driving. If California Senate Bill 1475 is passed, it would add a point to one's driving record. The new law also includes bicyclists.

Continue reading "Texting Driver Ordered By Jury To Pay Wrongful Death Damages" »

The San Diego motorcycle accident lawyers at Kerckhoff Law, APC, are experienced trial lawyers and have in excess of fifty years combined experience providing legal representation to motorcycle accident victims in southern California, including San Diego, Riverside, San Bernardino, Orange, and Imperial Counties.

The types of skills required to successfully handle a serious motorcycle accident are very specific to these types of accidents. 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.

If you, a loved one, or a friend have been the victim of a motorcycle accident and suffered serious personal injury, please call today for a free consultation with one of our attorneys - 866-606-3059, or fill out our Free Case Review form. All inquiries are strictly confidential.

Continue reading "San Diego Motorcycle Accident Attorneys Offer Free Consultation" »

Yesterday, April 13, 2010, Tabata USA and the U.S. Consumer Product Safety Commission have voluntarily recalled scuba regulators because of a drowning hazard. All consumers should stop using the scuba regulators immediately and return the product to TUSA or an authorized dealer for a free inspection and replacement.

The official name of the product is TUSA RS-670 Regulators, imported by Tabata USA, Inc. (TUSA) of Long Beach, California.

The hazard posed by the regulator is that the first stage balance chamber plug can loosen, causing a high-pressure leak and creating unstable pressure, which poses a drowning hazard to divers.

The first stage scuba regulators being recalled contain the following serial numbers:
UR600022 through UR600029, UR600031 through UR600103, UR6000637 through UR6000676, UR600708 through UR600716, UR600737 through UR600776.

Consumers may either contact Tabata USA at (800) 482-2282 or the Consumer Product Safety Commission's Recall Hotline for more information: (800) 638-2772 (the CPSC Release No. is 10-195).

Continue reading "Scuba Diving Regulator Safety Recall" »

According to Consumer Reports magazine, it has rated the seven-seat Lexus GX 460 SUV a "Don't Buy: Safety Risk." This is because the Lexus GX 460 has a roll-over risk. The magazine said that while testing the vehicle's performance during unusual turns, the rear of the vehicle slid nearly sideways before the electronic stability control system kicked in. Consumer Reports said that in "real world" driving, such a scenario could cause a roll-over accident. Toyota is temporarily halting sales of the SUV.

This is the latest blow to Toyota's tarnished reputation for safety. According to Toyota, it is concerned with Consumer Reports' findings, stating that its engineers will attempt to duplicate the magazine's tests to determine how to handle the problem. Toyota states: "Please keep in mind that the 2010 GX 460 meets or exceeds all federal government testing requirements. We take the Consumer Reports' test results seriously."

Toyota Motor Corporation has sold approximately 6,000 of the luxury SUVs since mid-December 2009. The Toyota vehicle recalls may continue to climb in number with this latest
finding.

Vehicle occupant safety is key. According to the Insurance Institute For Highway Safety, the largest number of motor vehicle crash deaths are occupants of passenger vehicles, including SUVs, trucks, and sedans. "The possibility of crash death varies markedly among these vehicle types, according to size. Small/light vehicles have less structure and size to absorb crash energy, so more injurious forces can reach their occupants in crashes. People in lighter vehicles are at a disadvantage in collisions with heavier vehicles. Pickups and SUVs are proportionally more likely than cars to be in fatal single-vehicle crashes, especially roll-overs. However, pickups and SUVs generally are heavier than cars, so occupant deaths in SUVs and pickups are less likely to occur in multiple-vehicle crashes."

Read more about the recall from 10news.com.

Continue reading "Lexus GX-460 Considered Roll-Over Risk ~ Sales Halted" »

On Sunday, April 11th, a 54-year old woman (Ruthann Lafever) was struck by a minivan in Mira Mesa (San Diego County). She was attempting to cross the intersection of Camino Ruiz and Zapata Avenue at around 7:45 p.m., when she was struck by a Honda Odyssey and sustained fatal injuries. She was pronounced dead at the scene by paramedics approximately twenty minutes later. It is very unfortunate that Ms. Lafever lost her life due to the negligence of another.

Driver inattentiveness is the primary cause of most pedestrian accidents. A high percentage of pedestrian injuries occur at dusk and nighttime, when driver visibility is reduced. A vehicle traveling just a few miles an hour can seriously injure a pedestrian, or cause permanent disability or death. At Kerckhoff Law, APC, we handle pedestrian accidents caused by:

Continue reading "Pedestrian Fatally Wounded In San Diego" »

According to authorities, a mother who lost custody of two of her children in 2008 will lose a third child, because on April 3rd, she left her six-month-old son unattended and strapped in a carrier on a floor at a friend's home in Murrietta, where he was mauled by two pit bulls. Apparently, the San Diego County Child Protective Services has obtained a court order to take the baby away from Carrie McKinney, 22, of Point Loma.

According to the Riverside, California Press-Enterprise, the dogs bit the baby boy in the scrotum, removing his testicles. The baby was taken to Rancho Springs Medical Center in Murrieta, then transferred to Loma Linda University Medical Center, where he underwent surgery.

Dr. Lance Brown, chief of pediatric emergency medicine at Loma Linda, said he was not familiar with the case, but speaking generally, if a child were castrated in an accident, he would require a lifetime of hormone-replacement therapy and perhaps reconstructive surgery.

The five-year-old pit bull and eight-month old pit bull mix, both females, were euthanized.

Unfortunately, due to this terrifying incident, the six-month old baby boy sustained serious injury and extreme emotional trauma that could have been prevented.

He has a potential claim against the dogs' owner, as well as potentially against his own mother. His legal guardian should immediately contact a personal injury attorney for guidance.

Continue reading "Custody Loss Of Child Of Point Loma Mother Due To Dog Mauling" »

On Wednesday, April 7th at 6:10 p.m., a Toyota Camry struck a woman and her three-year old son as they were crossing Fury Lane at Wieghorst Way in east San Diego County. Both victims were seriously injured and were airlifted to Mercy Hospital in San Diego. The driver of the Camry said the sun was in her eyes when the crash occurred. Westbound Fury Lane was closed for approximately ninety minutes while the CHP investigated the incident.

Pedestrians are extremely vulnerable to serious injury and even death when a driver is not paying attention or unable to properly see the road. It is unfortunate that this mother and child were seriously injured due to no fault of their own.

Continue reading "East County San Diego Serious Injury Automobile Accident" »

Are you a motorcycle rider? Do you own a Harley-Davidson motorcycle?

In December 2009, Harley-Davidson issued a recall for more than 111,000 family touring motorcycles because of fuel tanks that could leak or catch fire after a crash. The Harley-Davidson motorcycle recall affects 22 different models of 2009 and 2010 Harley-Davidson Touring, CVO and Trike motorcycles manufactured between June 2008 and November 2009.

As it so happens, last year I purchased one of these beautiful motorcycles that is now the subject of this recall. I'm hoping the problem won't be that difficult to repair and I'll be out on the road again soon, now that spring is here in San Diego.

Please be safe when driving your motorcycle. Be aware that human factors experts will tell you that human/driver reactions are based primarily on expectations. Unfortunately for motorcycle riders, a large percentage of drivers of motor vehicles do not expect to, and therefore do not, see motorcycles. Motorcycle riders should ride with the mindset that they are invisible.

A very large percentage of motorcycle accidents occur when unaware drivers simply do not perceive the approaching motorcycle and pull into its path. Vigilance and awareness are key. I have handled numerous motorcycle accident serious injury cases over the years, and have obtained the best possible results for my clients.

Continue reading "Harley-Davidson Motorcycle Recalls & Avoiding Serious Injury" »

If you are involved in a personal injury accident due to the fault of another, you will need to file a claim with the third party's insurance carrier (be it automobile insurance, homeowners insurance, business insurance, or umbrella insurance) to be compensated for your injuries, pain & suffering, emotional distress, loss of earnings, etc. Retaining an experienced personal injury attorney to handle your claim is the best way to go, because the attorney will maximize the value of your case, and ultimately obtain more money for you than you could on your own.

The attorney you choose should have years of successful experience dealing with insurance companies, and should also be an aggressive trial attorney with a proven history of good verdicts. The insurance companies maintain databases on the qualifications, settlement histories, and verdict histories of attorneys, so hiring an experienced personal injury trial attorney is KEY to recovering the maximum amount of money possible to compensate the injured person.

Unfortunately, insurance companies are looking to SAVE money! They are in the business to collect premiums and make a profit. One way profits increase is by settling claims for low dollar amounts. Insurance adjusters do not have a responsibility to look out for your best interest, and they have NO legal obligation to you! In fact, they are evaluated on how much they can minimize the value of your claim. If the insurance company can get you to take less than you deserve, they make a bigger profit.

Most insurance companies will actively try to discourage you from getting a lawyer. That's because the insurance company's own statistics reveal that individuals who hire attorneys to handle their claims generally recover two to three times more money than those who don't use a lawyer. This means, even including attorney's fees, the consumer ultimately recovers more.

Many insurance companies have a policy to make contact with the claimant within 24 to 48 hours post-injury. This is to ensure that you do not have the opportunity to seek a lawyer prior to speaking to the adjuster. The insurance company is in a hurry to reach you to protect THEIR own financial interests, NOT to give you assistance.

Don't sign ANYTHING from the insurance company, NOR give a recorded statement, without first consulting an attorney. If you do, you could be giving up your legal rights to future medical expenses, lost past and future earnings, pain and suffering damages, and other additional recovery.

Continue reading "Dealing With Insurance Companies After You've Been Injured In San Diego" »

The personal injury lawyers at Kerckhoff Law, APC, are experienced trial lawyers and have in excess of fifty years combined experience providing legal representation to wrongful death victims in southern California, including San Diego, Riverside, San Bernardino, Orange, and Imperial Counties.

The types of skills required to successfully handle a wrongful death claim are very specific and highly developed. It takes a certain type of skill to be able to persuade a jury to award money not to the victim, but to the living heirs of the victim, to compensate the living heirs for the loss of their loved one. 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 in settlement or at trial.

If a loved one or friend has been the victim of a wrongful death accident, please call today for a free consultation with one of our attorneys - 866-606-3059, or fill out our "Free Case Review" form. All inquiries are strictly confidential.

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Unfortunately, we've experienced another fatality crash on Interstate 5 in coastal north San Diego County near Camp Pendleton.  27-year-old Oscar Manuel Lopez Flores, a passenger in the back seat of a Ford Explorer, was thrown from the Ford Explorer when it was rear-ended by a Chevry Camaro in a southbound lane near Cristianitos Road at about midnight on April 5th.

The victim's son was also ejected while the SUV rolled, according to authorities. The boy was airlifted to Rady Children's Hospital in San Diego.

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On March 31st, the U.S. Consumer Product Safety Commission & Health Canada posted a recall for approximately 2,600 jackets and Vests containing Moshi Power Systems. The importer is Ardica Technologies of San Francisco, California. Consumers should immediately stop using the recalled jackets and vests, and contact Ardica for a full refund (see below).

The electrical connections in the warming components in the jackets and vest can overheat, posing a burn hazard to consumers. So far there have been five reports of overheating, but no injuries.

The recalled jackets and vests are designed to work with the Ardica Moshi Power system ("Ardica"). The pouch below the collar of each garment is marked "Ardica Heat Power Charge." Each jacket and vest also has a power switch next to the logo on the front.

The following models are affected by this recall: Ardica Enabled Mountain Hardwear Radiance Jackets, Refugium Jackets and Sitka Dutch Oven Vests. The Mountain Hardwear jackets have the Ardica name and logo on the right sleeve.

The recalled jackets and vests were sold at sporting goods and outdoor equipment retailers from August 2009 through February 2010 for $230 to $425.

Contact Ardica Technologies toll-free 24/7 at (877) 884-1921, or visit the firm's web site: www.ardica.com.

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On March 31st, the U.S. Consumer Product Safety Commission announced a voluntary recall of the following products. Consumers should stop using the recalled products immediately unless otherwise instructed.

Name of Product: Indoor & Outdoor Extension Cords & Power Strips

Units: Approximately 12,000

Manufacturer: Howard Berger Co. Inc. of Cranbury, New Jersey

Hazard: The extension cords and power strips have inadequate coating material around the cords and copper conductors that are smaller than required, posing a fire hazard to consumers

Description: This recall involves Brightway heavy-duty outdoor extension cords and Brightway indoor household extension cords and power strips. Model numbers involved in the recall are R2600 through R2615 (outdoor extension cords), EE6 through EE20 (indoor extension cords) and MP6DG (power strips). "Brightway" is printed on the cords. Model numbers are printed on the product's packaging.

Sold at: Hardware and discount stores nationwide from August 2009 through October 2009 for $1 up to $20

Manufactured in: China

Consumers should immediately stop using the extension cords and power strips and return them to the place of purchase for a full refund

Consumer Contact: For additional information, contact Howard Berger at (800) 221-6895 between 8 a.m. and 5 p.m. PT Monday through Friday, or visit the firm's web site at www.hberger.com. Consumers can also email the firm at robertwinterstein@hberger.com.

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On March 30, 2010, the U.S. Consumer Product Safety Commission recalled the following product. Consumers are requested to stop using the recalled products immediately, unless otherwise instructed.

Product: Posey, Lily, Rose, and Daisy Girls' Ski Jackets

Units Sold: Approximately 3,900

Importer: Sport Obermeyer, Ltd. of Aspen, Colorado

Hazard: The jackets have a waist drawstring which can pose an entrapment hazard to children

Description: The recalled girls' jackets have drawstrings at the waist, sold in sizes 1 through 8, and the names and corresponding style numbers are: Lily #91549, Rose # 91552, Daisy #91555, Posey #91558. The style number is printed on the tag inside the neck of the jackets

Sold at: Various boutique and ski/sport retailers from July 2009 through February 2010 from $90 to $140

Consumers should immediately remove the drawstrings from the jackets to eliminate the hazard, or return the jacket to Sport Obermeyer, Ltd. for a full refund.

For additional information, contact Sport Obermeyer, Ltd. at (800) 778-5465 between 9 a.m. and 5 p.m. (MT) Monday through Friday, or visit the firm's web site at www.obermeyer.com.

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