San Diego Personal Injury Lawyers Blog

The California Highway Patrol reported that a red SUV rolled several times on Interstate 5 yesterday morning at approximately 6:45 a.m., crashing into several other vehicles and ultimately landing on its roof.

The accident snarled morning traffic because the wreckage blocked two lanes. Fortunately, the freeway was cleared within two hours.Multiple units responded to the crash.

Initial reports indicated that one victim was lying on the center divider next to the car pool lane and at least one person was seen being flown away in a Sky10 ambulance.

Continue reading "San Diego Crash Snarls Morning Commute ~" »

Today it has been reported that the U.S. Consumer Product Safety Commission (CPSC) and the U.S. Food and Drug Administration (FDA) are warning consumers to stop using infant sleep positioners. Over the past 13 years, both agencies have received twelve reports of infant deaths (between the ages of one to four month and 4 four months). The infants reportedly died from suffocation while sleeping in sleep positioners, or they became trapped and suffocated between a sleep positioner and the side of a crib or bassinet.

Most of the infants suffocated after rolling from a side to stomach position. In addition to the above-reported deaths, CPSC has also received dozens of reports about infants who were placed on their backs or sides in sleep positioners, only to be found later in potentially hazardous positions within or next to the sleep positioners.
Parents and caregivers are urged to stop using the sleep positioners, due to the dangerous situations and possible death that may result from using them.

The two main types of infant sleep positioners are flat mats with side bolsters or inclined (wedge) mats with side bolsters (see photos below).

Consumers are urged to do the following:

STOP using sleep positioners, because using a positioner to hold an infant on his or her back or side for sleep is dangerous and unnecessary;

NEVER put pillows, infant sleep positioners, comforters, or quilts under a baby or in a crib; and

ALWAYS place an infant on his or her back at night and during nap time.The American Academy of Pediatrics recommends reducing the risk of SIDS by placing infants on their backs (and not their sides) to sleep. Howe

The American Academy of Pediatrics does not support the use of any sleep positioner to prevent SIDS.

CPSC is interested in receiving incident or injury reports related to these products. To file a report, please visit https://www.cpsc.gov/cgibin/incident.aspx.

Continue reading "Safety Recall Of Infant Sleep Positioners ~" »

Spinal Cord Injury (SCI) is damage to the spinal cord that results in a loss of function such as mobility or feeling. Frequent causes of damage are trauma (auto accidents, gunshots, falls, etc.) or disease (polio, spina bifida, Friedreich's Ataxia, etc.). The spinal cord does not have to be severed in order for a loss of functioning to occur. In fact, in most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning

Motor vehicle accidents are the number one cause of spinal cord injuries. We advise that you wear a seat belt every time you are in a motor vehicle. If children are traveling with you, make sure that they are are properly buckled into a child safety seat, booster seat, or seat belt as appropriate for their age and size.

The second leading cause of SCI is violence, most often related to the use of firearms. Keep firearms and ammunition locked in a cabinet or safe when not in use.

Prevent falls using a step stool with a grab bar to reach objects on high shelves; install handrails on stairways; install window guards to keep young children from falling out of windows; and use safety gates at the top and bottom of stairs when young children are present.

Play sports safely. Make sure to wear all required safety gear, and never engage in head-first moves, such as spearing (in football, using the helmet to tackle) or sliding head-first into a base. Avoid hitting the boards with your head in ice hockey. Insist on spotters when performing new or difficult moves in gymnastics.

These safety tips are presented in order to educate you about the inherent dangers leading to spinal cord injuries. For more information about SCI, click on our web site.

Continue reading "Preventing Spinal Cord Injuries ~" »

The CHP reports that the northern part of state Route 67 was completely closed down this morning following a crash between a tractor-trailer and three vehicles during the morning commute.

According to the San Diego County Sheriff's Department, the crash occurred just north of Poway Road on a two-lane stretch of the highway around 7:25 a.m. As of 8:00 a.m., the SR-67 was closed to southbound traffic at Archie Moore Road and to northbound traffic at Poway Road.

SR-67 Crash Liability

The cause of the crash has not yet been determined. Investigators are still conducting their investigation as to how the crash occurred and who will be determined to be at fault.

Continue reading "Multi-Vehicle Crash On SR-67 Shuts Down Poway Road ~" »

The California Highway Patrol reports that one motorist was killed and another motorist seriously injured in a head-on crash near Oceanside on State Route 76 on the Bonsall Bridge. The incident was reported at 9:10 p.m. Saturday, July 25th.

Both drivers were ejected from their vehicles, and SR-76 was closed for over two hours so that officials could conduct their investigation.

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Auto Accidents & Wrongful Death Liability

In auto accidents where the driver of one vehicle is involved in a crash which causes death to another driver, the family of the victim is advised to consult with an experienced wrongful death attorney, if they have not already done so. If it is determined that the driver of the vehicle is found responsible for this incident, the driver may be held liable for the death.

Kerckhoff Law, APC extends its sympathies to the family and friends of the decedent, and to all other families suffering similar tragedies. Our experienced and compassionate lawyers work diligently to recover fair damages in a sensitive manner for the families of wrongful death victims.

Continue reading "Oceanside Crash Leaves One Dead & One Injured ~" »

Sheriff's officials have reported that a 73-year-old man suffered an apparent heart attack while driving, and crashed into a tree on Center Drive in San Marcos this past Saturday afternoon at approximately 5:10 p.m. The crash took place near the intersection of Avenida Ricardo.

The driver, identified by the Sheriff's Department as Richard Rigsby, was transported by paramedics to a local hospital, where he passed away at about 5:40 p.m.

His 78-year-old female passenger was hospitalized with chest pains. Fortunately, no other vehicles were involved in the accident.

Accident Liability Due To Unforeseen Health Issue ~

This incident raises an interesting question as to whether or not the driver would be liable for the injuries to his passenger. The answer is that he would not be liable, unless he had a history of heart attacks or other health problems which would potentially cause him to lose control of his vehicle.

Otherwise, if this heart attack was the first ever suffered by the driver, then the passenger would not have a valid claim against the driver and his automobile insurance carrier, because the occurrence of a heart attack is not reasonably foreseeable or anticipated.

Sources: Sign-On San Diego;

Continue reading "San Marcos Motorist Suffers Heart Attack While Driving ~" »

Yesterday at approximate 5:17 p.m., the driver of a vehicle traveling northbound on Interstate 805 lost control, causing the vehicle to leave the highway and crash into a ravine. The incident happened south of H Street in Chula Vista.

Sadly, a young Hispanic female ~ approximately 17 to 20 years old, lost her life in the crash. She was one of several passengers in the vehicle.

The decedent was carried away from the vehicle which burst into flames. Someone called 9-1-1 and a passerby performed cardiopulmonary resuscitation (CPR).

CHP officers and paramedics arrived on the scene and took over the CPR efforts without success. Thereafter, officials pronounced that the young girl had died at the scene.

Auto Accidents & Wrongful Death Liability

In incidents such as this automobile crash, where the driver of a vehicle is involved in a collision that causes death to a passenger, the family of the victim would be well-advised to speak with an experienced San Diego wrongful death lawyer, if they have not already done so.

If it is determined that the driver of the vehicle is found responsible for this incident, the driver may be held liable for the passenger's death.

Kerckhoff Law, APC extends its sympathies to the family and friends of the decedent, and to all other families suffering similar tragedies. Our compassionate and experienced lawyers work hard to recover fair damages in a sensitive manner for the families of wrongful death victims.

Continue reading "Chula Vista Fatality On Interstate 805 ~" »

At least four people were injured Wednesday ~ two seriously ~ when a sedan being chased by police lost control at a high rate of speed and crashed into another vehicle at a North County San Diego intersection.

The approximately ten-minute chase began shortly before 1:30 p.m. Wednesday, as a Carlsbad police officer responded to a report of a green Honda Accord being driven recklessly through Carlsbad as its occupants hurled objects at passing vehicles.
The 17-year-old male driver of the Accord failed to yield to the officer on northbound Interstate 5 at Cannon Road, and the pursuit ensued. The teen motorist then exited the freeway at Carlsbad Village Drive, hit a sign on the off-ramp, and then sped off eastbound on Carlsbad Village Drive.

At Carlsbad Village Drive and Monroe Street, the Honda crashed into another vehicle that was stopped for a red light. The woman driver of the Honda was flown to Palomar Medical Center with injuries. At least two people were flown by Mercy Air to Scripps Memorial Hospital in La Jolla, and the driver of the Jeep and the second passenger of the Honda were transported to Palomar Medical Center.

Police said they discovered drug paraphernalia in the green sedan, but had not determined whether or not the occupants were under the influence.

Reckless Driving & Teenagers Under The Influence

Why do teens seem more reckless? Most people today learn to drive during their teenage years. However, according to the National Safety Council, this may not be the best time to get behind the wheel. According to the NSC, "The area of the brain that weighs consequences, suppresses impulses, and organizes thoughts does not fully mature until about age 25." Hormones are also very active in teenagers. Partners For Safe Teen Driving points out that most teenagers learn to drive under optimal conditions, and not during severe weather or under the influence of drugs and/or stimulants.

What Is Being Done?

Graduated licensing programs have been this country's most popular reaction to reckless teenage driving. The programs vary by state, but a typical graduated licensing program would first allow a learner's permit. Then, most driver's licenses will come with a mandatory period during which they are prohibited from having passengers in the car, unless that person is an adult, relative, or guardian. Typically there are nighttime restrictions, too. These laws reduce the distraction of driving with friends or driving during periods of low visibility, or when teens might be more likely to try to speed and/or drive under the influence of alcohol / drugs.

Sources: 10News.com, City News Service, National Safety Council

Continue reading "4 People Injured In Carlsbad Crash ~" »

Teens in California are engaging in a new trend involving prescription drugs known as "cabinet parties," where getting high on prescription meds is the ultimate goal.

Police are concerned about teens raiding their parents' medicine cabinets looking for prescription drugs such as Vicodin and OxyContin, and then taking them to a party where the pills are dumped into a large bowl for communal use." The pill mixture is often called "trail mix" ~ but it's anything but healthy.

These "cabinet parties" (also known as "pharming" or "punch bowl" parties) have been around for years, but experts say they're now on the rise. Officials say that 2.3 million children between the ages of 12 and 17 take legal prescription drugs illegally every year, and one in five teens has intentionally misused someone else's prescription drugs. Nearly half of the teens say they get the medications from friends and relatives by taking them from medicine cabinets or at pharming parties.

The Glendale News Press reports that "the biggest problem in the United States today is not the drug dealer at school or on the streets, it is that medicine cabinet that you have in your home" (Sgt. Tom Lorenz). He states that painkillers and other prescriptions pills are just as dangerous and highly addictive as illegal substances.

Another popular trend among teens is getting high off of cough medicine including Robitussin, which is a practice called "Robo-tripping."

What Can Parents Do?

Parents should educate themselves so that they can identify behaviors that signal a drug problem before it gets out of hand. Many addicts start by smoking marijuana as teens, and later move to harder drugs like OxyContin and heroin.

Parents should:

Sources: LA Times, Glendale News Press

Continue reading "San Diego Teens & "Cabinet Parties" Trend Is A Growing Problem ~" »

KTLA-TV reports that the 18-year old driver of a pick-up truck lost control of his vehicle before it flipped and fell 20 feet into a concrete channel in Westminster.
Investigators are still trying to determine whether speed or horseplay played a factor in the crash which killed one high school student and injured two others.

The accident occurred yesterday at 3:00 p.m. on Rancho Road near Spa Drive in Westminster. Police say the driver, Huntington Beach resident Jared Von Grote, lost control of the truck. A witness said he heard what sounded like "a freight train coming through" followed by the sounds of a fence "being smashed down" and a "big bang." The witness said he looked down into the concrete channel and saw the smashed pick-up truck, which was smoking.

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Unfortunately, police report that 18-year-old Kody Kessler of Westminster was pronounced dead at the scene. He was a student at Ocean View High School in Huntington Beach and was an avid biker who "could have gone pro."

The driver, along with another passenger, sustained non-life-threatening injuries in the crash. Both were transported to a local hospital for medical care and treatment. Police report that all three teenagers were wearing seat belts.

Liability Issues

The cause of the crash is still being investigated. Friends told KTLA that Von Grote often likes to perform "doughnuts" while driving, and may have been doing so before the crash.

Continue reading "Huntington Beach Teens Injured In Flood Channel Crash ~" »

The Orange County Sheriff's Department reports that 22-year-old Marine Corporal Colin Newman (stationed at Camp Pendleton) was jailed on Tuesday for alleged drunk driving which caused a three-vehicle crash in south Orange County, injuring four people. The collision occurred at approximately 10:40 p.m. this past Monday at Avery & Marguerite Parkways in Mission Viejo.

Mr. Newman, driving a Volkswagen Jetta, exited the northbound Interstate 5 freeway, reportedly traveled through a red light at Avery Parkway, and then struck a Honda Element, causing it to strike a Chevrolet Cobalt. Three people trapped in the Honda Element were hospitalized with serious, but non-life-threatening, injuries. Another passenger in the Chevy Cobalt sustained minor injuries and was also taken to a local hospital for treatment. Mr. Newman escaped injury and was booked on suspicion of driving under the influence. He was held in lieu of $100,000 bail.

DUI Statistics

It's not a question of whether a person is legally intoxicated, it's a question of whether or not it is safe to drive when one has consumed any amount of alcohol. Research shows that impairment begins long before a person reaches the blood alcohol concentration level necessary to be guilty of drunken driving.

Drunk Driving Liability Issues

Driving while drunk is a deadly problem in our nation. California DUI arrests trigger two separate cases: (1) in court and (2) at the Department of Motor Vehicles. The criminal case filed against California DUI defendants consists of two different statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b).

The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or "DUI" in California courts.

The second count, known as the "per se" charge, concentrates on whether the driver's blood alcohol content (BAC) was .08 percent or greater.

Continue reading "Camp Pendleton Marine Suspected Of DUI In Orange County Crash ~" »

You've probably seen in the news that Toyota Motor Corporation has settled a lawsuit brought by the relatives of the four family members killed in a high-speed crash in San Diego County that focused attention on the safety flaws of Toyotas, leading to the recall of millions of vehicles.

The L.A. Times reported the settlement last Friday evening, and the Associated Press reported that on Saturday, a Toyota spokesman confirmed the settlement in an e-mailed statement. The settlement terms were disclosed to the judge presiding over the case this past Monday in motions filed with the court. Attorney Tim Pestotnik, an attorney representing the parents of the three adult victims, declined to comment to the L.A. Times.

Co-defendant Bob Baker Lexus in San Diego, the dealer that loaned the family the car, was not part of the recent settlement.

Soon after the crash, Toyota recalled millions of cars to replace floor mats that it said might cause the accelerator to jam. Toyota later recalled millions more vehicles to replace gas pedals that could potentially stick.

The San Diego case was considered the strongest of the hundreds of lawsuits filed over claims stemming from sudden acceleration in several of the Toyota models, as well as brake glitches with the company's Prius hybrid vehicle.

Sources: Los Angeles Times, 10news.com

Continue reading "Recent Settlement Of San Diego's Toyota Crash Lawsuit Announced ~" »

A female bicyclist lost control of her bike this past Sunday at approximately 12:15 p.m., and was then struck and killed by an oncoming vehicle. Susan E. Akana of Poway was on a bike ride with her boyfriend on Rancho Santa Fe Road near Calle Barcelona in Carlsbad, and as they attempted to cross three lanes of traffic to get into a left turn lane, her bike struck the curb on the concrete center divider, causing her to lose control.

It was reported by 10news.com that Ms. Akana tried to regain control of her bike by veering to the right, but unfortunately she fell onto the road and a northbound Nissan Sentra was unable to stop in time, striking her and causing her to become pinned underneath the vehicle.

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Paramedics and officers were called to the scene, but unfortunately, she had already passed away upon their arrival.

Cause Of The Fatal Bicycle Accident

The Carlsbad Police who arrived at the scene said the driver of the Nissan Sentra attempted to stop, but was unable to do so. It is unclear how fast the Sentra may have been traveling and whether or not the driver was speeding. It is also unclear what caused Ms. Akana to strike the median and lose control of her bicycle.

Bicycle Accidents & Wrongful Death Liability

In incidents such as this bicycle crash where the driver of a vehicle is involved in a collision that causes death to a cyclist, the family of the victim would be well-advised to talk to an experienced bicycle accident lawyer, if they have not already done so. If it is determined that the Sentra driver is responsible or found partially at fault for this incident, she may be held liable for the cyclist's death.

Kerckhoff Law, APC extends its sympathies to the family and friends of Susan E. Akana and to all other families suffering similar tragedies. Our compassionate and experienced lawyers work hard to recover fair damages in a sensitive manner for the families of California wrongful death victims.

Continue reading "Carlsbad Bicyclist Struck & Fatally Wounded By Vehicle ~" »

Yesterday, the U.S. Transportation Department reported that the number of people killed in automobile crashes relating to driver distraction declined last year, but the problem remains an epidemic for motorists in the United States.

The Transportation Department said 5,474 people were killed in 2009 in crashes which involved distracted driving ~ a 6% decline from the 5,838 people killed in 2008. Distraction-related deaths accounted for 16% of all traffic fatalities in 2009, the same percentage as in 2008. The latest data came as the overall number of highway deaths dropped in 2009 to its lowest level since 1950.

Transportation Secretary Ray LaHood said the problem of drivers failing to keep their eyes on the road ~ often due to operating cell phones, mobile devices, or other forms of distraction ~ remains an epidemic. He also said that the data could be the "tip of the iceberg," because many police reports don't document whether distraction was a factor in vehicle crashes, making it difficult to know the full scope of the problem. Today, Mr. LaHood is kicking off a second national summit on distracted driving. He has pushed all states to adopt tougher laws against texting while driving & other forms of distractions.

Sixteen percent of drivers under the age of 20 involved in fatal crashes were reported to have been distracted while driving. Young drivers were the highest proportion of distracted drivers involved in fatal crashes compared to people of other ages.

The Obama administration has prohibited federal employees from texting while driving on government business, and also has banned commercial bus and truck drivers from texting behind the wheel.

Thirty states & the District of Columbia prohibit drivers from texting behind the wheel. Eight states have passed laws barring drivers from using hand-held cell phones. Legislation is pending in Congress to force all states to ban texting while driving.

Continue reading "Deaths From Distracted Driving Down In 2009 ~" »

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 personal injury attorney to find out what your legal rights are and what your next steps are.

Choosing A Solana Beach 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 Solana Beach 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.

You may or may not be aware that vehicle crashes are the leading cause of death for children between the ages of 3 and14. For younger children, properly choosing and installing a child safety seat is crucial.

The National Highway Traffic Safety Administration (NHTSA) suggests four seating setups,
depending on your child's age:

• Infants through age 1 (up to 20 pounds): Use rear-facing child safety seats in the back seat.
  
• Toddlers, ages 1-4 (20-40 pounds): Use forward-facing child safety seats in the back seat.
  
• Children, ages 4-8: Use a booster seat in the back seat.
  
• Children, ages 8 and older: Use an adult seat belt in the back seat if it fits properly.

  A proper fit means that the lap belt lays across the upper thighs and the shoulder belt fits across the chest. This usually occurs around age 8, or when the child reaches the height of 4'9".
  We want to ensure that your children are kept safe while being transported in a motor vehicle. Please adhere to the NHTSA's suggested guidelines for the proper seating to be used.

  Continue reading "Child Passenger Safety Week Is 9/19 to 9/25/10 ~" »

A motorcyclist from Kennewick was fatally wounded in a motorcycle crash just south of Burbank this past Monday at 1:30 p.m.

The Walla Walla Union-Bulletin reported that Bart Lee Auckland, 50, was riding on his 2005 Harley-Davidson Road King on Monument Drive, when he apparently drifted into gravel on the side of the road. A sheriff's deputy said the motorcyclist had just purchased the bike a couple days prior to the crash, so he may have been an inexperienced rider, although this has not been confirmed.

After he lost control of his bike, Mr. Auckland traveled down an embankment and sustained head and chest injuries. He was unfortunately pronounced dead at Lourdes Medical Center in Pasco.

Officials said Mr. Auckland was traveling with a partner motorcyclist who apparently did not realize the accident had happened behind him.

Source: Tri-City Herald

Continue reading "Motorcyclist Killed In Crash On Burbank Roadway ~" »

Bloomberg News reports that plaintiffs from six U.S. states have sued the two Iowa egg farms involved in the massive salmonella outbreak, accusing them of failing to prevent an outbreak of salmonella poisoning. The Federal Centers For Disease Control And Prevention has said that as many as 1,519 diagnosed cases have been reported since May 1st, which may be linked to eggs from the Wright County Egg Farm in Galt, Iowa and Hillandale Farms Of Iowa located in New Hampton, Iowa.

The plaintiffs are residents of Illinois, Indiana, Pennsylvania, North Carolina, New York, & Mississippi. They seek: (1) class-action (or group) status on behalf of those who purchased or were harmed by the tainted eggs; (2) reimbursement for the purchases; and (3) payment for medical testing and monitoring.

The case is entitled Dwyer v. Quality Egg LLC, Case No. 10-cv-05847, U.S. District Court, Northern District of Illinois (Chicago).

Kenneth Moll, one of the lawyers for the plaintiffs, said at a Thursday press conference: "Self-policing doesn't work ... the farms failed to follow U.S. regulations to prevent contamination" while announcing the filing of the class action lawsuit in federal court in Chicago.

Recall Information

Wright (which is the trade name for Quality Egg LLC) and Hillandale have recalled 550 million eggs since the detection of the outbreak, which is the largest occurrence of salmonella poisoning since the Atlanta-based CDC began tracking cases over 30 years ago.

Symptoms

Salmonella can cause abdominal cramps, fever, and severe diarrhea, and can also lead to fatal complications in infants, the elderly, and people with weakened immune systems.

Sources: www.bloomberg.com

Continue reading "Salmonella Outbreak Causing Extensive Egg Recall Now In Litigation ~" »

Portola Elementary School was evacuated today due to parents reporting the smell of a strong natural gas odor. The school is located approximately one mile from the site of last week's deadly explosion.

The Chronicle reports that as parents were dropping off students this morning around 8:35 a.m., they reported smelling the natural gas odor. Fire officials found a small leak at the school; therefore, 270 students were evacuated.

Last Thursday's explosion and fire killed at least four people and destroyed 37 homes. Three people remain missing.

State and federal officials are investigating the deadly blast.

Continue reading "San Bruno Elementary School Evacuated Due To Gas Leak ~" »

10news.com reports at approximately 8:50 p.m. last Saturday night, a drunk driver fatally struck a 54-year-old bicyclist and also injured three other people at a liquor store in Ramona.

According to the CHP, bicyclist David B. Menea was illegally crossing Main Street near Kalbaugh Street when he was struck by a Toyota 4Runner driven by 32-year-old Suzanne Reed and thrown into the roadway. The SUV then swerved and struck a stop sign, went over an embankment, then hit a parked car which was pushed into the liquor store.

Two people in the parked car were injured, and one person in the liquor store was cut by flying glass.

The driver of the SUV was taken to Palomar Hospital then arrested.

Vehicle Versus Bicycle Issues

Bicyclists are at great risk from inattentive motorists. This is further aggravated when drivers are intoxicated. Auto accidents involving bicyclists will in most cases result in serious injuries or death. Victims or their loved ones should seek the counsel of an experienced personal injury attorney to assist them with their financial recovery.

California DUI Statistics

It's not a question of whether a person is legally intoxicated, it's a question of whether or not it is safe to drive when one has consumed any amount of alcohol. Research shows that impairment begins long before a person reaches the blood alcohol concentration level necessary to be guilty of drunken driving.

Continue reading "Ramona Bicyclist Struck By DUI Driver ~" »

This past Monday, Judge Carlos Armour of the San Diego Juvenile Court ordered an evaluation to determine whether a teen charged in the death of her close friend in a Sabre Springs traffic collision will be eligible to have her record cleared when she completes probation.

17-year-old Meagan Ruiz was ordered by the Judge to return to court on October 4th for another hearing on this matter. She appeared in court in a wheelchair, as she is still recovering from the crash which sadly took the life of BreAnna Erickson.She was charged with vehicular manslaughter with gross negligence in the May 28th death of the Rancho Bernardo High School junior. Both girls were best friends and grew up together. Ms. Ruiz denied the District Attorney's charge in court on Monday. A "denial" is similar to a "not guilty" plea in adult court. She also applied for a deferred entry of judgment. If this is accepted by the judge, she can plead guilty and later have her record cleared if she completes probation successfully. In the meantime, her application will be studied by the County Probation Department. The juvenile justice system focuses more on rehabilitation than punishment, so the courts will decide which programs she should be placed in.

BreAnna's parents, who support the law, said they did not want their daughter's friend to be charged. Instead, they want others to learn from this.

Continue reading "Update Regarding May 28th San Diego Sabre Springs Crash ~" »

Product liability law allows consumers who are injured by defective or malfunctioning products to sue the manufacturers of those products for their injuries. Consumers who are injured while using a defective product can sue to recover money for medical bills, lost wages, physical pain, emotional suffering, and diminished quality of life endured as a result of their injury.

Strict liability holds manufacturers liable for injuries that occur as a result of product defects, regardless of whether or not they were negligent in designing or manufacturing the product. Therefore, a victim in a product liability lawsuit does not have to prove negligence on the part of the manufacturer, only that:

A defect in the product caused an injury;

The product was being used in a manner consistent with the way it was meant to be used; and

The product was not substantially altered from the time it left the control of the manufacturer.

In product liability suits, it is essential to work quickly to preserve evidence for trial. Proper storage and examination of the defective vehicle is necessary to prove that the defect caused your injuries. Once evidence is lost it is gone forever, and reconstructing the cause of an accident becomes exceedingly more difficult. Failure to preserve the wreckage of a defective vehicle can jeopardize your entire case.

Continue reading "Product Liability Law ~" »

SWRNN.com has reported that motorcyclist Albert J. Welch of Moreno Valley passed away last Saturday at 1:41 p.m. at Riverside County Regional Medical Center.

According to the CHP, Moreno Valley resident Stephanie A. Clation, 38, was driving a 1999 Daewoo Leganza west on Highway 60 east of the Day Street exit in the number one lane at about 50 mph. The decedent was driving in the carpool lane on a 1990 Harley Davidson Ultra Classic. Traffic started to slow, so Ms. Clation crossed over the double yellow lines into the carpool lane and directly in front of the motorcyclist. He applied his brakes, but the front tire of his motorcycle struck the left rear portion of the Leganza's bumper, and he was ejected onto the roadway.

Mr. Welch was transported to Riverside County Regional Medical Center, where he succumbed to his injuries. Ms. Clation was released at the scene; however, the investigation is ongoing and she could face criminal charges.

Wrongful Death Liability

This is a terrible tragedy for those involved, as well as for the family and friends of the victim. In incidents such as this one ~ where the negligence of the automobile driver apparently caused the crash and subsequent fatality ~ the family of the decedent 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 family of the decedent as to their legal rights.

Continue reading "Motorcyclist Killed In Moreno Valley On Highway 60 ~" »

During the past twelve months, Toyota has recalled over 15 of its Toyota and Lexus models for problems due to misshapen floor mats, sticking accelerator pedals, faulty engine control modules (ECMs), and malfunctioning braking systems. The recalls were prompted by hundreds of incidents involving the recalled vehicles nationwide, many of which resulted in serious injury and death.

To date, there have been 52 deaths linked to runaway Toyota and Lexus vehicles, and hundreds more injuries. In the wake of these recent product recalls, Toyota is facing a flood of product liability lawsuits filed by consumers who have been injured or whose loved ones have been killed as a result of the defects.

There is evidence that Toyota knew about the defects years before the company took any action to recall the vehicles. A recent CNN article suggests that Toyota warned dealers of the accelerator issues back in 2002 - seven years before the first recall was issued! The 2002 document is a technical service bulletin issued to all dealers in August 2002 and cites the throttle issue as an "electronic" defect, not a floor mat issue. Lawsuits filed in several states accuse Toyota of lying to consumers about the cause of the problem, blaming floor mats, defective accelerator pedals, and human error, instead of addressing the root cause of the problem - the electronics. The lawsuits claim that the throttle control system ~ the ETCS-i ~ should have included a safety feature that would force the engine into idle mode in the event of unintended acceleration. Toyota allegedly decided to sell the vehicles without the feature in 2001. The lawsuits claim that Toyota knowingly and unnecessarily placed consumers at risk of injury and death.

Critics have claimed that Toyota is giving consumers false assurances that the proposed fixes will correct the defects, claiming that the repairs do not address the real source of the problems. A recent class action suit claims that Toyota issued a floor mat recall and accelerator pedal recall with full knowledge that the defect was actually an issue with the electronics. In fact, many Toyota owners who have taken their vehicles to local dealerships for repairs are still reporting acceleration issues. Thus, the recall may not even address the continuing safety issues with Toyota and Lexus vehicles.

If you have been injured in an accident involving a recalled Toyota or Lexus vehicle, you deserve compensation for your injuries. An experienced Toyota recall attorney can help you accurately calculate your damages, including medical expenses, lost wages, physical pain, and emotional trauma suffered as a result of the accident.

Continue reading "Toyota Recall Litigation Continues ~" »

The San Bernardino police are asking for the public's help in locating the driver of a hit-and-run incident that occurred Friday morning at approximately 12:30 a.m. The driver of a dark green 1997 Honda Civic struck and fatally wounded a San Bernardino woman riding on her bicycle. The incident occurred in the 1100 block of West Highland Avenue.

43-year-old Lauretta J. Romo was struck at a high rate of speed by the green vehicle, which sustained front-end damage. The driver of the vehicle, Bobby Joe Jackson, 29, remains at large following the hit-and-run fatality near the corner of Highland and Davidson Avenues.

Authorities suspect Jackson was intoxicated. They found pieces of a Honda front panel at the scene, and followed a fluid trail for about 200 yards to a Jack in the Box, where detectives said they received surveillance video of Jackson calmly ordering a meal. Restaurant staff said they smelled alcohol on his breath.

The collision that preceded his visit to Jack in the Box was so violent that it split Romo's bike in half.

Jackson, a Rialto resident, has yet to be charged in the collision. He is on federal probation for a 2002 conviction of armed bank robbery and conspiracy in Los Angeles County. Officials describe him as 5'4", 140 pounds, with a shaved head and tattoos on his left arm. His 1997 Honda, which should have front-end damage, has a California license plate of 6LZP445.

Police said traffic investigators are following up on evidence recovered at the scene. Anyone with information about this incident should contact San Bernardino Detective Dave Carlson at (909) 384-5656.

Continue reading "San Bernardino Hit & Run Fatality ~" »

Have you or a loved one been the victim of a dog bite attack? Experiencing a vicious dog bite attack can be an extremely traumatic experience which may cause severe and long-lasting injuries.

What Should You Do After A Dog Bite Attack?

Seek medical treatment promptly. A dog bite may pose a serious risk of infection. Therefore, contact a doctor immediately for treatment. If the bite is serious and you or a loved one are in immediate medical distress, call an ambulance or go to an emergency room or urgent care facility as quickly as possible.

Identify the dog that bit you. Identify the dog that attacked you and determine how the dog owner can be located. The dog owner is the responsible party in a dog bite situation, and the dog owner's home insurance company is usually the entity that will pay for a dog bite injury.

Report the dog bite attack. Report the dog bite attack to your local county animal control agency or sheriff's department. Provide them with information about the dog, including the owner's name and address. If the dog is a stray, describe the appearance of the dog and the location of the attack.

Take photos of the dog bite injuries. Take photographs of all visible injuries, including lacerations and wounds. Also, take photos of any torn or bloody clothing. If possible, take photographs of the dog itself and where the bite occurred.

If you or a loved one is seriously injured or killed by a dog, you will need an experienced dog bite attorney to navigate the legal system for you, to ensure your family's financial future and health is kept intact.

Continue reading "Dog Bite Injuries In California ~" »

In Fontana, two people were seriously injured ~ one whose arm was amputated ~ after two trains collided yesterday evening, leaving mangled wreckage on the train tracks. The crash, which occurred around 11:55 p.m., involved a Union Pacific freight train south of the 10 Freeway at Cherry Avenue.Apparently the Union Pacific train was heading westbound when it rear-ended another train that may have been stationary on the tracks. An engineer climbed out of one of the mangled train cars and tried to assist a conductor who was trapped inside the wreckage. Battalion Chief Richard Campos of the San Bernardino County Fire Department said the trapped man was in a rail car that was 20 feet off the ground and had a "heavy amount of steel on his arm." A surgical team from a local hospital was called in to help extricate the man, and had to amputate his arm in order to free him from the rail car. Both men were then transported to a local hospital for treatment & the conductor was listed in critical condition. Fortunately, the engineer suffered only moderate injuries.

The railway runs along the 10 freeway, and at one point, the entire freeway was shut down last night because of the danger of leaking fluids, which also posed a health threat. A hazardous materials team was called to the scene. Approximately 500 gallons of fluid, which turned out to be antifreeze, leaked from one of the rail cars. It was later determined that the fluid posed no threat.

Cause Of The Collision

The cause of the train crash has not yet been determined. Crews are still at the scene clearing the accident and officials are still conducting their investigation.

Sources: ktla.com, abc7.com

Continue reading "Fontana Train Crash Causes Amputation ~" »

The quick reflexes of a San Diego patrolwoman saved her from serious injury yesterday morning, when a taxi slammed into her stationary cruiser on State Route 163 in Hillcrest while she was aiding the driver of a broken-down vehicle.SDPD Sergeant Ray Battrick said the San Diego police officer encountered the disabled vehicle while she was heading south near Washington Street about 11:15 a.m. After activating her emergency lights, she pulled to a stop at the rear of the disabled car in the left-hand lane of the freeway, and then got out to assist the stranded motorist.

However, just moments later, the officer saw a cab heading straight at her, so she quickly jumped back into her patrol cruiser right before it was struck and pushed into the vehicle in front of it. Paramedics took the policewoman to a local hospital for evaluation of her minor injuries. Luckily, no one else was hurt in the crash.

Authorities had to close the southbound side of the freeway between the accident site and Interstate 8 in Mission Valley in order to investigate and clean up the roadway, which caused heavy traffic congestion along SR-163 for miles to the north into the early afternoon.

California "Moving Over" Law

Yesterday, I blogged about the requirement for motorists to move over when approaching a stationary authorized emergency vehicle displaying flashing warning lights.

California Vehicle Code Section 21809 states:

(a) A person driving a vehicle on a freeway approaching a
stationary authorized emergency vehicle that is displaying emergency
lights, a stationary tow truck that is displaying flashing amber
warning lights, or a stationary marked Department of Transportation
vehicle that is displaying flashing amber warning lights, shall
approach with due caution and, before passing in a lane immediately
adjacent to the authorized emergency vehicle, tow truck, or
Department of Transportation vehicle, absent other direction by a
peace officer, proceed to do one of the following:

(1) Make a lane change into an available lane not immediately
adjacent to the authorized emergency vehicle, tow truck, or
Department of Transportation vehicle, with due regard for safety and
traffic conditions, if practicable and not prohibited by law.

Sources: CHP, 10news.com

Continue reading "San Diego Patrolwoman Plowed Into By Reckless Driver ~" »

10news.com reports that the massive San Bruno gas line explosion which occurred last night at 6:14 p.m. has caused injury to at least 52 people and fatally wounded at least 6. Fire crews tried to douse the remnants of the enormous blaze and account for the residents of dozens of damaged homes.Apparently, emergency workers haven't been able to get into all of the homes, so it is unknown whether others have been injured or killed. Fire Chief Dennis Haag reports that four firefighters suffered smoke inhalation injuries and were treated and released within a couple hours. He said that fire crews walked through the neighborhood this morning and revised their damage estimate to 38 destroyed structures and 7 significantly damaged. Dozens of other homes sustained less severe fire damage.

The blaze, which burned 15 acres, was 75 percent contained this morning. San Bruno Mayor Jim Ruane said: "The sun is shining over there, but there's still a dark cloud over this city."

Two brothers whose home was near the center of the explosion stated they thought an earthquake had struck until they looked out the window. "It looked like hell on earth. I have never seen a ball of fire that huge," Bob Pellegrini said. They had to leave quickly, and now their house is gone and they are homeless, along with dozens of others.

Cause Of The Gas Line Explosion

What caused the natural gas 30-inch steel pipeline to rupture? Pacific Gas and Electric Company has stated: "If it is ultimately determined that we were responsible for the cause of the incident, we will take accountability."

Homeowners Insurance Coverage

Hopefully, all of the affected residents maintained homeowners insurance coverage to protect them during this disaster. If you are one of the victims, a claim should be filed immediately with your insurance carrier, so that you will be provided with lodging, food, clothing, and the other necessary items you need (such as medication).

Investigation Of The Explosion

The National Transportation Safety Board sent a four-member team to San Bruno today to investigate the blast. One of the NTSB's duties includes investigating pipeline accidents such as this one.

Continue reading "Casualties Increase Due To San Francisco Gas Explosion ~" »

The San Bernardino Sun reports that the CHP arrested an intoxicated Apple Valley man this past Monday, after he drove over a riverbed and caused his Suzuki Samurai SUV to flip and drown his 16-month-old son at approximately 8:30 p.m. 23-year old Hunter Kilmer was booked into jail on suspicion of driving while under the influence and vehicular manslaughter.

His young son, Ford L. Kilmer, passed away at the accident site near Saddle Dike Embankment, which runs between Arrowhead Lake and Deep Creek roads in an unincorporated area near Apple Valley.

According to the CHP, the father couldn't tell how deep the water was, but attempted to cross anyway. They estimated the water was about nine feet deep, which contributed to the vehicle overturning in the water.

The driver and a second man riding in the passenger seat escaped from the SUV, but they were unable to save the baby, who was strapped in a car seat that was trapped.

Drunk Driving Liability

Driving while drunk is a deadly problem. California DUI arrests trigger two separate cases: in court, and at the Department of Motor Vehicles. The criminal case filed against California DUI defendants consists of two different statutes: California Vehicle Code Section 23152 (a) & Vehicle Code Section 23152 (b). The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or DUI in California courts.

The second count, known as the "per se" charge, concentrates on whether the driver's blood alcohol content (BAC) was .08 percent or greater.

It is extremely unfortunate that this young boy had to die in this manner, due to the apparent negligence of his father.

Sources: San Bernadino Sun, KTLA.com

Continue reading "Baby Drowns While Dad Off-Roading In Apple Valley ~" »

Effective January 1, 2007, California was one of forty-three states to pass a "Move Over" law, which requires motorists to "Move Over" and change lanes to give safe clearance to law enforcement officers on roadsides.

More than 150 U.S. law enforcement officers have been killed since 1999 after being struck by vehicles along America's roadways. In order to lower that deadly toll, a coalition of traffic safety and law enforcement groups launched the nationwide public awareness campaign to protect emergency personnel along our nation's roadways.

California Vehicle Code Section 21809 states:

(a) A person driving a vehicle on a freeway approaching a
stationary authorized emergency vehicle that is displaying emergency
lights, a stationary tow truck that is displaying flashing amber
warning lights, or a stationary marked Department of Transportation
vehicle that is displaying flashing amber warning lights, shall
approach with due caution and, before passing in a lane immediately
adjacent to the authorized emergency vehicle, tow truck, or
Department of Transportation vehicle, absent other direction by a
peace officer, proceed to do one of the following:

(1) Make a lane change into an available lane not immediately
adjacent to the authorized emergency vehicle, tow truck, or
Department of Transportation vehicle, with due regard for safety and
traffic conditions, if practicable and not prohibited by law.

(2) If the maneuver described in paragraph (1) would be unsafe or
impracticable, slow to a reasonable and prudent speed that is safe
for existing weather, road, and vehicular or pedestrian traffic
conditions.

(b) A violation of subdivision (a) is an infraction, punishable by
a fine of not more than fifty dollars ($50).

(c) The requirements of subdivision (a) do not apply if the
stationary authorized emergency vehicle that is displaying emergency
lights, the stationary tow truck that is displaying flashing amber
warning lights, or the stationary marked Department of Transportation
vehicle that is displaying flashing amber warning lights is not
adjacent to the freeway or is separated from the freeway by a protective physical barrier.

So please help to keep our roads safe and make sure to "move over" when approaching law enforcement who are on the side of the road.

Source: www.moveoveramerica.com

Continue reading "California Law Requires "Moving Over" ~" »

A woman walking on SR-74 west of Calvert Avenue south of Hemet was struck and killed by a Ford F-250 pick-up truck. Apparently, the driver didn't see her in time, authorities said. The incident occurred on Labor Day at approximately 9 p.m. according to the CHP.

The victim, believed to be a transient who wasn't carrying any identification, was walking west on the eastbound side of the highway. The CHP reports that the victim was killed upon impact, as the driver had little time to react. The area of impact is an unlit, dark area. The pedestrian may also have been walking in the traffic lane.

A witness reported that the victim was hit by one or two other vehicles after she was struck by the pick-up truck. A CHP officer stated: "They may not even have known what they hit ... we're not working this as a hit-and-run."

Hit & Run Liability

Normally, when a case is considered a hit-and-run, the fleeing driver will face charges if caught. California Vehicle Code Section 20001 states that:

"(a) The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004."

Source: MyValleyNews.com

Continue reading "Hemet Woman Struck & Killed By Pick-Up Truck ~" »

10News.com reports that yesterday, two female drivers were seriously injured in a head-on collision on Via de la Valle near the intersection of Calzada del Bosque at approximately 11:30 a.m.

Two fire engines and two battalion chiefs from Rancho Santa Fe Fire Protection District responded to the incident. They were assisted by two ambulances from San Diego Medical Services, a fire engine from Solana Beach Fire Department, an air ambulance from Mercy Air, and San Diego's Copter 2. RSF Patrol and CHP assisted with traffic control. The RSFFPD freed the two female drivers from their crumpled vehicles, and crews then airlifted them to the Scripps Memorial Hospital La Jolla trauma unit.

A dog was also injured in the crash, and was taken to a local veterinarian for care and treatment.

Via de la Valle remained closed for investigation and clean-up until about 1:30 p.m.

Accident Liability Issues

The official cause of the accident is still under investigation. Officials may be trying to determine whether or not alcohol or drugs were factors in the crash, as well as text messaging/cell phone use.

Source: 10News.com, 92127news.com

Continue reading "Rancho Santa Fe Head-On Crash Seriously Injures Two Women ~" »

The L.A. Times and Orange County Register have reported that two little girls are in critical condition after an alleged drunk driver drove his 1998 Chevy Suburban onto a sidewalk in Santa Ana and struck nine pedestrians. One of the two-year old girls and her mother were dragged fifty feet by the SUV that hit them Monday night at 7:45 p.m. The incident occurred on West McFadden Avenue just west of South Bristol Street in Santa Ana ~ an area crowded with shoppers and street traffic.

The driver of the SUV, 43-year old Miguel Sandoval of Santa Ana, was traveling west on McFadden when he caused his vehicle to drive onto the curb, immediately striking a woman and her daughter. Five victims required treatment. The 2-year-old girls each suffered multiple fractures but were expected to survive, according to local police. Their mother was also hospitalized with a broken leg.

Nearby witnesses quickly freed the two trapped victims, and officers who had been nearby arrived at the scene quickly. Sandoval was arrested at the scene and booked on suspicion of felony drunk driving. He remained in custody Tuesday at the jail at the Santa Ana Police Department.

Drunk Driving Liability Issues

Driving while drunk is a deadly problem in the State of California. California DUI / DWI arrests trigger two separate cases: in court, and at the Department of Motor Vehicles (DMV). The criminal case filed against California DUI / DWI defendants consists of two different statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b). The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or "DUI" in California courts.

The second count, known as the "per se" charge, concentrates on whether the driver's blood alcohol content (BAC) was .08 percent or greater.

Continue reading "Two Santa Ana Girls Seriously Injured By Drunk Driver ~" »

This morning, according to the Orange County Register, a woman with a baby in a stroller and a 10-year-old child were injured while crossing Springdale Street at its intersection with Croupier Drive in Huntington Beach. A representative of the Huntington Beach Police Department said the incident occurred shortly before 10 a.m. The baby stroller was thrown about ninety feet.

How The Incident Occurred

Apparently, the driver of a green Toyota Tundra had stopped to allow the pedestrians to cross the street, but it was rear-ended by a white Chevy Tahoe that failed to stop. The impact pushed the first vehicle into the crosswalk, causing it to hit the pedestrians. The victims were transported to a local hospital. Two of them were listed in critical condition and the other suffered moderate injuries. The victims are visiting from Australia.

Police said it is unclear which of the drivers will be cited pending the ongoing investigation.Safety Issues ~ Using Crossing Signals At Intersections & Crossing Guards Used Near Schools

A local resident said that a crossing signal at the intersection was disabled years ago and that motorists on Springdale Street typically drive 60 mph instead of the posted 45 mph speed limit.

He also said a crossing guard that previously assisted students in crossing the road is no longer available due to budget cuts.

If either of these were in place, this incident would probably not have occurred. The City may want to reinstall the crossing signal for the safety of its residents.

Accident Liability Issues

The official cause of the accident is still under investigation. Officials may be trying to determine whether or not alcohol or drugs were factors in the crash, as well as text messaging/cell phone use.

Who is to blame for the pedestrians' injuries? Was the inattentiveness of the driver of the Chevy Tahoe the cause of the crash?

Continue reading "Huntington Beach Woman & Two Children Struck While Crossing Street ~" »

The Orange County Register reports that a 47-year-old man from Seal Beach was fatally injured this morning after being struck by a big-rig on the eastbound 22 freeway just west of Springdale Street. The crash occurred at 9:55 a.m. on the right shoulder of the freeway at 9:55 a.m. The victim's flip-flop lay on the right shoulder approximately 40 feet east of the point of impact.

According to California Highway Patrol witness reports, the victim appeared to be a passenger of a white disabled vehicle parked on the right shoulder of the freeway.
News reports indicate it is unclear whether the man was a passenger of that vehicle or simply a pedestrian.

A counselor with the Trauma Intervention Program was called to assist the big-rig driver or anyone else at the crash scene. A SigAlert was issued at 10:04 a.m. for the number four lane, which later reopened at 1:09 p.m.

Continue reading "Seal Beach Man Fatally Injured By Big Rig ~" »

Have you or a love one been injured by someone else's negligence in a Del Mar 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 A Del Mar Personal 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 Del Mar accident lawyer with over 28 years of experience providing legal representation to accident victims in southern California, including Del Mar, Solana Beach, Carmel Valley, Torrey Pines, and La Jolla.

KTLA News reports that a serious accident took place in Oxnard at the intersection of Vineyard Avenue and Simon Way at 12:07 p.m. on Tuesday, August 31st. A tow truck driver slammed into a 19-year old mother who was pushing a stroller with her two young children in it. The driver was charged with driving under the influence, hit and run, and mayhem.According to investigators, the defendant was making a left turn from westbound Simon Way to southbound Vineyard Avenue on a green light when he struck Ms. Lopez and the stroller. Ms. Lopez was knocked to the ground and the stroller was pinned under the tow truck. Both children were dragged in the stroller for about one-quarter mile, and sustained serious head injuries as a result of being dragged. Witnesses were able to chase down the tow truck driver and force him to stop a few blocks away.

45-year old Mehran Khamseh of Santa Barbara appeared in a Ventura County Superior Court last Thursday afternoon, and was charged with special allegations for inflicting great bodily injury on children under five, as well having been previously convicted of a serious felony. He is being held without bail in Ventura County Jail. Jail records indicate he is being denied bail due to both an immigration and parole hold.

In the meantime, Alma Lopez, her three-year-old daughter, and her one-year-old son remain hospitalized. Ms. Lopez was reported to be in stable condition at Ventura County Medical Center, while her children remain in critical condition at Cedars Sinai Medical Center in Los Angeles.

According to a statement released by Ventura County Supervisor John Zaragoza's office, they are hoping to open an account where donations can be made for the Lopez family.

Vehicle Versus Pedestrian Issues

Pedestrians are at great risk from inattentive motorists. This is further aggravated when drivers are intoxicated. Auto accidents and tow truck accidents involving pedestrians will in most cases result in serious injuries or death. Victims or their loved ones should seek the counsel of an experienced personal injury attorney to assist them with their financial recovery.

California DUI Statistics

It's not a question of whether a person is legally intoxicated, it's a question of whether or not it is safe to drive when one has consumed any amount of alcohol. Research shows that impairment begins long before a person reaches the blood alcohol concentration level necessary to be guilty of drunken driving.

Continue reading "Ventura County DUI Tow Truck Driver Injured Mother & 2 Children" »

The U.S. Consumer Product Safety Commission and Health Canada, have announced a voluntary recall of the below-listed notebook computer.

Consumers are advised to stop using these recalled products immediately.

These notebook computers can overheat where they plug into the AC adapter, posing a burn hazard to consumers. So far, Toshiba has received 129 reports of the notebook computers overheating and deforming the plastic casing area around the AC adapter plug, including two reports of minor burn injuries that did not require medical attention and two reports of minor property damage.

The computers were sold nationwide at electronics stores and other retailers from August 2009 through August 2010 for between $600 and $800.

Health Canada's press release is available at:
http://cpsr-rspc.hc-sc.gc.ca/PR-RP/recall-retrait-eng.jsp?re_id=1157

Continue reading "Recall Of Toshiba T-Series Notebook Computers Due To Burn Hazard ~" »

WGN-TV.com reports that a mother in Northlake, Illinois has sued McDonald's for burns sustained by her daughter last year, when a cup of hot chocolate which was handed to her by a drive-through attendant spilled on her daughter's leg.

The lawsuit was filed in Cook County Circuit Court by Vicki LaRocco, who is alleging that the lid on the hot chocolate she received from a Schiller Park McDonald's restaurant was haphazardly secured, causing scalding liquid to spill on her daughter's leg. The complaint claims that the girl suffered "severe pain and scarring," and that McDonald's should have been aware that the temperature of its hot chocolate is excessive and could potentially cause injury.

In 1994, a jury awarded a woman more than $2 million after she suffered burns from being scalded by McDonald's coffee.

Continue reading "McDonald's Sued Over Spilled Hot Chocolate ~" »

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.