San Diego Personal Injury Lawyers Blog

Four motorcyclists were killed in a suspected drunk driving crash in Iowa this week. The crash occurred only minutes after dispatchers received reports that a pick-up truck was driving erratically and weaving in and out of traffic, police officials said.

How The Crash Occurred

The motorcyclists were on their way home after attending an annual motorcycle rally in Sturgis, South Dakota, when they were struck by a pick-up truck driven by 21-year-old Andrew D. Schlichtemeier.

The four motorcyclists who were killed have been identified as 62-year-old Dennis Chaney, 49-year-old Dale Aspedon, 62-year-old Steven Benscoter and 48-year-old Jay Bock.

Schlichtemeier suffered only minor injuries in the accident. He is under investigation by the Iowa State Patrol for suspected drunk driving and may face four charges of vehicular homicide pending the outcome of the investigation.

Schlichtemeier submitted to a blood test for alcohol content before being discharged from the hospital. The results of that test have yet to be released.

Wrongful Death Liability

This is a terrible tragedy for all involved, as well as for the families and friends of the victims. In incidents such as this one - where the negligence of the pick-up driver apparently caused the crash and subsequent fatalities, the injured victims and their families would benefit from consulting with a wrongful death attorney. A qualified and experienced attorney who has successfully represented victims of motor vehicle crashes can best advise and help the injured victims and the family of the decedents as to their legal rights.

Continue reading "Four Motorcyclists Killed In Suspected Drunk Driving Crash ~" »

Three people were killed today, Friday, August 13th, at approximately 12:30 a.m. at the scene of a two-vehicle crash in the westbound lanes of Highway 78 near Sycamore Avenue. A fourth person was taken to a local hospital with injuries.

All westbound lanes of Highway 78 at Sycamore Avenue were shut down until around 4:30 a.m. for the CHP to conduct its investigation.

How The Deaths Occurred

Two of the decedents were women who worked at Valley View Casino. They were riding in a 2008 Nissan Altima that had pulled off on the right shoulder of Highway 78, because one of the women became ill. Both women were outside the vehicle when a 1994 Jeep Cherokee struck them from behind. Their two male companions who had remained in the vehicle were unharmed.

According to the Medical Examiner's Office, a 34-year-old male passenger in the Jeep also died at the scene. Details about the fourth person injured in the crash were not immediately available.

Wrongful Death Liability

In incidents such as this one - where the negligence of the driver of the Jeep Cherokee apparently caused the crash and subsequent injuries and fatalities - the decedents' families would benefit from consulting with an experienced San Diego personal injury lawyer who has successfully represented victims of motor vehicle crashes. He can best advise and help the families of the decedents to obtain the maximum monetary justice to which they are entitled.

Continue reading "San Diego Fatal Crash On Highway 78 ~" »

According to the U.S. Coast Guard, boating-related fatalities rank second to vehicle crashes as the leading causes of transportation-related deaths. Each year, more people perish in boating accidents than in airplane crashes, bus accidents, or train wrecks.

Boating Accident Statistics

80% of fatal boating incidents occur in less than 26 feet of water

80% of fatal boating incidents occur when the boat operators had no formal boating instruction

70% of fatal boating incidents occur due to capsizing and falls overboard

Boating While Under The Influence Of Alcohol

More than 50% of recreational boating incidents involve alcohol. Research shows that one operating a boat with a blood alcohol concentration (BAC) above .10 is TEN times more likely to be killed in a boating accident than one with a zero BAC. Not to mention the combination of wind, sun, noise, boat motion, and vibration can triple the effects of alcohol.

It is important to know that Boating Under The Influence (BUI) is similar to being charged with a DUI. If charged, one will be subject to the same penalties as someone who has been charged with operating a vehicle under the influence.

Boating Safety Tips

Continue reading "Safe Boating In San Diego ~" »

Tragically, on Monday, August 9th, two local San Diego Cathedral Catholic high school graduates, Natalie Nield & Amanda Post, were killed in a three-vehicle crash on Highway 395 south of Bishop, California. Derek Thomas (19) sustained severe burns over most of his body. Another occuprant also sustained third-degree burns.

Also killed in the fiery crash was 35-year-old Wendy Rice of Corona, who was a California Baptist University of Riverside cheerleading coach.

According to the CHP, three Ford vans transporting members of the Cal Baptist cross-country team were being driven northbound, in a line ~ one after the other ~ when the crash occurred at 8:24 p.m.

A 2004 Ford Expedition traveling southbound was transporting several graduates of Cathedral Catholic. It veered over the center divider on Highway 395 and into the northbound lanes, striking one of the Cal Baptist vans and then bursting into flames.

After the initial crash, a 19-year-old driver of a 2000 Subaru Legacy from Ashland, Oregon, struck the burning SUV. She suffered third-degree burns and complained of pain in her left arm.

A dozen people in the Cal Baptist van suffered minor to serious injuries.

According to 10 News, an Inyo County sheriff's deputy who came upon the scene pulled a man from the burning SUV, but he was unable to return to the vehicle to help a second occupant who was screaming for help, due to the intensity of the flames.

Additionally, another person who had been ejected from the Ford SUV and whose body was on fire walked past the sheriff's deputy and then died in the fast lane.

This is an horrific tragedy for all involved, as well as for the families and friends of the victims. In incidents such as this one - where the negligence of one of the drivers apparently caused the crash and subsequent injuries and fatalities, the injured victims and their families would benefit from consulting with a San Diego attorney. A qualified and experienced attorney who has successfully represented victims of motor vehicle crashes can best advise and help the injured victims and the family of the decedents as to their legal rights.

Continue reading "Fiery Crash Near Bishop, California Kills Two San Diego Grads ~" »

Proper insurance coverage is very important for you to have, in order to protect you and your loved ones. Liability coverage is used in situations where you cause someone else's injury, and the amount you should have depends on your assets. Uninsured motorist/underinsured motorist coverage protects you when another person causes a vehicle accident and is uninsured.

If you have significant assets (i.e., you own your own home, etc.), then you need to purchase higher automobile liability coverage (we recommend at least $300,000 or $500,000 minimum). If you can afford the additional expense, you should consider a $1,000,000 liability policy, together with an umbrella policy on top of that. If you only have a small liability policy, there is a likelihood that the injured person will come after you personally to obtain your assets.

if you have no assets, then the amount of liability coverage does not need to be high.

Uninsured & Underinsured Motorist Coverage

Uninsured Motorist coverage (UM) covers you in the event an uninsured motorist causes an accident.

Underinsured motorist coverage (UIM) covers you in situations where you may suffer serious injuries, but are struck with somebody with a small policy (i.e., $15,000). If you have sufficiently high underinsured motorist policy limits, then the person who caused the accident will pay the $15,000.00 limit of their policy and then you will be able to get full value for your damages and injuries from your own insurance company to the full extent of the amount of your underinsured motorist policy. For example, if you have a $500,000 underinsured motorist policy to protect you and your loved ones and you are struck by a motorist with a $15,000 policy, then in California, you will be entitled to receive the difference: $485,000.00, or in other states, you will be able to receive the entire $515,000.

The same scenario applies to situations where you are struck with someone with no insurance. Now we all know that people have to have automobile insurance, but many people for various reasons do not. Therefore, you can buy coverage called UM coverage that will protect you in the event you are struck by somebody with no insurance. An example of the way that would work is you or a loved one in your family sustains serious injuries when you are at a dead stop and are hit by somebody with no insurance. If you have sufficiently high UM coverage, then you will make your claim directly with your own insurance company to the full extent of the amount of your UM policy. Again, we recommend that you have at least $500,000.00 UM coverage and if you can afford it, you should buy a $1,000,000.00 policy together with an umbrella, if companies will write that coverage for you. This way you will be fully protected in the event that you are injured by somebody with no insurance.

I also urge all of you to talk to your insurance brokers to find out how much the additional costs are for raising your UM or UIM coverages. I think you will find that most people's experience will show that the additional cost is minimal for example to raise your UM or UIM insurance from $50,000.00 to $500,000.00 will be less than $100.00 per year as an average. Of course, each company's rates are different and your own insurance broker will be able to give you an accurate quote. This is not a coverage that insurance companies like to write, and your own broker or agent probably will not tell you about it. You have to be proactive to make sure that you get the coverage that you need.

In conclusion, I urge each and every one of you to review your auto insurance policy to see how much UM and UIM coverage you have. If your coverages are not sufficiently high, I urge you to call your insurance broker or insurance agent to raise your UM and UIM limits to a minimum of $500,000.00.

Continue reading "How To Protect Yourself & Your Loved Ones With Proper Insurance Coverage ~" »

Today, August 9th, a 6:30 a.m. four-car freeway pile-up on I-15 took the life of a 53-year old Vista woman, whose name is being withheld pending notification to her family. The entire southbound side of Interstate 15 was closed for an hour during Monday morning rush hour traffic in order to allow for investigation and clean-up.

Crash Details

The crash occurred after the driver of a southbound 1999 Dodge Ram, who was changing lanes near Ninth Avenue, encountered stationary traffic ahead of him and was unable to stop in time. His truck rear-ended a Mercedes Benz being driven by the decedent. Her sedan was then pushed into a Toyota Avalon, which then struck a Toyota Sienna.

Paramedics transported the injured people to Palomar Medical Center, where the Vista resident was pronounced dead. The other drivers and a passenger in the Sienna were treated for minor injuries. The driver of the pickup truck, 28-year-old Jackson Redmond of Colton, did not require hospital treatment.

Personal Injury Liability

In incidents such as this one - where the negligence of the driver apparently caused the crash and subsequent injuries and fatality - the injured victims and their family would benefit from consulting with a San Diego personal injury law firm. A qualified and experienced personal injury attorney who has successfully represented victims of motor vehicle crashes can best advise and help the injured victims and the family of the decedent to obtain the maximum monetary justice to which they are entitled.

Personal Injury Damages

Damages available to an injured victim include compensation for:

Continue reading "San Diego Fatality On Interstate 15 ~" »

There is nothing more terrifying than a big rig crash. These massive vehicles, when loaded and moving at freeway speeds, can utterly destroy a passenger vehicle. Sadly, this happens every year to far too many people. In the very worst cases, someone dies. Too often, these deaths occur because of negligence on the part of the trucker or the companies for whom they work. If a friend or loved one has been injured or killed ~ or if you've been injured ~ there are experienced attorneys available to help assist you with the financial and emotional turmoil caused by these wrecks.An experienced wrongful death lawyer can handle these cases and make sure that you get your day in court. In some cases, the big rig company's insurance company will offer to settle your claim, which will help you to avoid the further inconvenience of going to trial. In any event, your lawyer should be able to stand up to the insurance company on your behalf, and no matter how much money the trucking company and/or its carrier may have, you won't be outmatched. Lawyers who handle these types of cases are not intimidated by what the trucking company may throw at you, and there's no reason you should face this kind of a fight on your own.

Big Rig Regulations

Many of the big rig crashes that end up in deaths are handled by the same lawyers who handle car wrecks. While there are specific laws and regulations that apply to the trucking industry, you have as much right to the road as they do and they have the same obligation that every driver has to follow the rules and to respect other drivers. Whether or not they're bigger than you, they don't have any more rights than you do and your attorney can make sure that your rights are respected.

Should I Accept A Settlement Offer?

A big rig crash which results in a serious injury or death may also prompt the insurance carrier to tender an immediate settlement offer. Before accepting a settlement offer, you should first consult with an attorney (personal injury attorneys usually don't charge for an initial consultation, and work on a contingency fee basis - which means no money out of your pocket).

Continue reading "Surviving A San Diego Big Rig Crash ~" »

Being involved in a wrongful death situation can be extremely difficult for one to endure. Coming to terms with the loss of a friend or family member can be emotionally devastating regardless of the circumstances, but when the event was caused by the negligence or wrongdoing of another person or company, it can make the situation that much worse. Whether you are currently embroiled in a wrongful death situation or simply wish to learn more about the legal aspects of such a case, it is prudent to do as much research as you can, as well as to contact a qualified and experienced San Diego wrongful death lawyer.

When Is It Wrongful Death?

In order to better understand when wrongful death is an appropriate description for a fatality, let's take a look at some of the factors and circumstances where it can occur.

For a situation to be deemed "wrongful death," there must be a third party who is responsible. This responsibility can be due to negligence or direct action intended to harm the victim. Not only can an individual be held liable, but a company can as well. For instance, there are numerous precedent cases in which the victims' families sued tobacco companies for not properly warning users about the dangerousness of their products.

When a wrongful death is caused by the negligence of an employee of a company, the company can be held legally responsible for the wrongful actions of its employee.

When a wrongful death is caused by an individual - whether a friend, co-worker, acquaintance, or stranger whose actions caused harm to the victim - that individual is liable for the results of his/her actions.

What Types Of Damages Are Available?

There are two types of damages one is entitled to in a wrongful death action: (1) the expenses incurred because of a loved one's death; and (2) an amount of money decided upon by either the judge or jury in order to punish the defendant. Typically, the heirs of the decedent (someone who has passed) are limited to compensatory damages, discussed below. However, in certain circumstances where the conduct of the defendant is particularly egregious, the heirs may be entitled to punitive damages (see below).

Compensatory damages are money awarded to the victim's family to compensate them for medical care, funeral & burial expenses, grief, stress, loss of companionship, income the victim would have earned had he/she lived, and any other expenses brought about by the wrongful death.

Punitive Damages are money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.

Continue reading "San Diego Wrongful Death Claims ~" »

According to the San Marcos Sheriff's Department Press Release, today at approximately 6:23 p.m., bicyclist Michael Schaffer of San Marcos, California was struck by a Ford Explorer being driven by Charles Martin, also of San Marcos. The Explorer was traveling northbound on Smilax Road in the City of San Marcos in San Diego County.

Mr. Schaffer's body was wrapped around the front hood of the Ford Explorer and carried for approximately thirty-four feet. Mr. Schaffer, who sustained serious head trauma from the incident, was transported by paramedics to Palomar Medical Center for medical treatment.

Personal Injury Liability

In incidents such as this one - where the negligence of the driver may have caused the injury - the injured victim and/or his family members would benefit from consulting with a San Marcos bicycle accident lawyer. A qualified and experienced personal injury attorney who has successfully represented victims of SUV versus bicycle accidents can help the injured victim obtain the maximum monetary justice to which he is entitled.

Damages available to an injured victim include compensation for:

• Medical care and treatment


• Lost earnings


• Pain and suffering, and


• Diminished quality of life.

Continue reading "Serious San Marcos Auto Versus Bicycle Injury ~" »

Scottsdale, Arizona's Austin Crane (8 years old), was one of three young siblings hospitalized in critical condition at Rady Children's Hospital in San Diego, following a light-plane crash on August 2nd in Tierrasanta. The crash killed their mother upon impact. Unfortunately, Austin was pronounced brain dead on August 4th. He is being kept alive on life support awaiting organ donation.

According to broadcast reports, Austin's sisters and father, who was also critically injured in the crash, remain hospitalized.

Pilot Gregory Crane, the children's father, had flown to San Diego to pick up his wife, two daughters, and Austin, who had been visiting family. Mr. Crane's home-built single-engine Velocity Super XLRG5 airplane went down at approximately 1:00 p.m. near the 11th hole of Admiral Baker Golf Course - a military golf course east of Interstate 15 in San Diego.Soon after taking off from Montgomery Field airport about 12:45 p.m., Gregory radioed the airport tower to report that a door on the plane had fallen off and he was heading back to the Kearny Mesa airport to make an emergency landing. Flight controllers lost contact with him, and then the airplane crash was reported moments later. The plane's door was found in a ravine near Santo Road, which is about one- half-mile west of the northwestern edge of the golf course.

Small Plane Crashes Occurring In California

According to 10News, since 1960, there are very few days when a general aviation plane has not been involved in a crash. In July 2010, there were four small-plane or general aviation crashes in California, and 64 crashes throughout the U.S. The National Transportation Safety Board indicates that four crashes in one month is typical.

Plane Crash Liability Issues

While this San Diego airplane crash remains under investigation, the family of the victims should contact an experienced San Diego airplane crash injury lawyer as soon as possible.

The victims may be entitled to compensation for their injuries, pain and suffering, loss of consortium, and lost earnings, as well as Dillonclaims for witnessing the death(s) of their loved one(s). An attorney can also investigate whether a defective product may have caused or contributed to the crash.

Sources: 10 News, NTSB

Continue reading "San Diego Airplane Crash Victim Brain Dead ~" »

Have you or a loved one been bitten by someone else's dog? If so, it is important to identify the attacking dog and ascertain the name of the dog's owner; collect names, addresses, and telephone numbers of any witnesses to the incident; and take photos of the scene of the attack and your injuries. Kerckhoff Law, APC can send an investigator to the scene of the attack, as well as ensure your doctor preserves all evidence of your injuries.

Dog Bite Statistics

According to the Centers for Disease Control and Prevention (CDC), over 4.5 million people are bitten by dogs each year in the United States. Almost one in five of those who are bitten (a total of 885,000) require medical attention for dog bite-related injuries. Dog attacks represent some of the most gruesome personal injuries that are suffered, particularly because children or the elderly are often involved.

Children are often bitten on the face and neck due their small size, and any bite can cause severe injury or infection. Also, a child's small size may cause a dog to act in a dominant way toward a child. Many children have a lack of judgment and ignorance about how to behave around a dog, and their inability to fend off an attack can add to the risk. It is very important that parents closely supervise children when around dogs. You can reduce the chances of children in your care being bitten or injured by a dog if you teach them some basic safety tips:

Dog Bite Safety Tips

Continue reading "San Diego Dog Bite Attacks~" »