San Diego Personal Injury Lawyers Blog

Police report that a Carlsbad crash caused a 21-year-old man and a 15-year-old girl to be hospitalized following a two-vehicle crash that lead to a second injury crash that knocked out power overnight.

At about 7:50 p.m. Wednesday, the man - who was driving a minivan - ran a red light at College Boulevard and Carlsbad Village Drive. His vehicle struck another minivan carrying the teenaged girl. The man was taken by ambulance to Sharp Memorial Hospital with a broken foot and a laceration on his head. The girl was transported by air ambulance to Rady Children's Hospital with complaints of abdominal pain.

The second crash occurred when a driver who was distracted by watching the first crash drifted her vehicle into a neighboring lane, sideswiping another vehicle. The distracted driver then lost control of her vehicle and slammed into an electrical box, which caused a power outage that lasted through the night.

Intersection Crash Liability

Based on this news report, if it is determined that the man driving the minivan is found to be responsible for this incident, he will be held liable for the damages suffered by the injuries parties.

Such crashes at street intersections occur because someone either failed to yield the right-of-way or ran a red light, as in this case.

Personal Injury Liability

A driver who negligently causes injury to others will be held responsible for his/her actions. The injured parties should seek legal advice from a competent personal injury attorney to find out what their rights are.

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 "Carlsbad Minivan Crash Causes Injuries ~" »

The following is a guest blog from Bonnie Ryan of designer baby bags for mums:

Do you know the way to distinguish the "Musts" from the "Shoulds" for your newborn safety equipment?

Have you ever made your checklist? Here are the baby-proofing items that should be at the must-have tippy top.

I recognize that we don't all have hundreds of dollars in order to throw down the all-critical childproofing budget gap. To help the safety of the serious yet financially fainthearted, I've labeled them into the "musts," meaning that you should not care where you get them, but good parenting requires them.

For those who have more than 1 kid (or are easily distracted), consider the more distractions you have in your house, the more distractable you are, the more important your baby-proofing is.

Right here (in order of importance) 9 baby proofing items you "must" have to keep your baby safe:

1 A Good Gate: Even if you reside in a ranch-style home or even an apartment with no stairs, there will be rooms or areas you won't want your baby wandering into, so a good gate is absolutely a must-have babyproofing purchase.

2 A Blind Winder: The number of babies strangled every year due to dangling blind and shade cords is devastating. In fact, the Consumer Product Safety Commission lists cords among the "hidden dangers" parents do not think of. There are numerous inexpensive blind winders out there, but if you have to hand re-wind the cord immediately after every use, then you won't use it.

3 Anti-Tip Anchors: If you have a climber (or prospective climber) on your hands, furnishings straps are a must. Whether it's a dresser or a bookshelf, attach these heavy pieces of furniture to the wall with anti-tip bands to avoid the furniture from tipping over.

4 Fireplace Safety: Hard stone around the fire hearth can be very harmful with little ones around. Its sharp edges and rough stone corners can cut, and also seriously hurt a tripping child. You have to choose one of the several good hearth bumper pads available in the marketplace.

5 Corner Edge Bumpers: You can cover the corners of your end-tables and coffee tables with corner and side guards. One-size-fits-all because you reduce the foam to fit your particular table precisely.

6 Outlet Covers: For used outlets with cords, you can acquire a cover that may prevent your baby from unplugging the cord and messing with the wall plug. They are best for higher-traffic areas where you will be inserting and un-plugging items regularly.

7 Childproof Latches For Cabinets And Drawers: Drawer latches are also a necessity-have for childproofing your home. They will prevent your growing infant from hitting intact drawers with sharp or small items stored within. Ideal for the kitchen, bathroom, or home office. Choose childproof latches that won't let your little one to have even a hand inside.

8 Railing Net: Stair as well as railing nets are also a must if your railing spindles are further than 2.5 to 3 inches apart.

9 Bath Tub Safety Items: Bath-time is always exciting for a growing baby. Keep him/her secure by using some of these little accessories.

These are the most critical baby safety gear items out there. Consider them as an essential investment you will make in the years of growth and exploration still ahead of you.

About the Author

Bonnie Ryan is writing for the designer baby bags for mums weblog, her personal hobby blog focused on guidelines to help moms and dads to get information to become a lot more eco-conscious and make their own eco-friendly baby diaper bags.

Continue reading "Here Are Nine Proven Techniques To Help Parents Avoid The Invisible Problems That Keep Children Quite Unsafe ~" »

Last Thursday, the Imperial Valley Press reported that the CHP were conducting an investigation into the fatal collision between a motorcyclist and a semi-truck on Evan Hewes Highway. The motorcyclist, 29-year-old Holtville resident Monty Madrid, was traveling west on Evan Hewes Highway and the semi-truck was heading south on Parker Road, east of Highway 111.The crash occurred near westbound Parker Road, as the 53-year old El Centro resident trucker was about to turn east onto Evan Hewes Highway. A skid mark left by the 2007 Kawasaki motorcycle before it struck the driver's side of the big rig measured 38 to 39 feet in length. The CHP reports that the trucker was on his way to pick up a load of scrap metal.

Although CHP Officer Torres did not fault the trucker for causing the crash, he did confirm that the semi-truck pulled out in front of the motorcyclist, adding that all motorists traveling on highways have the right-of-way.

Wrongful Death Liability

In motor vehicle 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 semi is found responsible for this incident, the driver may be held liable for the death.

Continue reading "Fatal Imperial Valley Evan Hewes Highway Semi-Truck v. Motorcycle Crash ~" »

The U.S. Consumer Product Safety Commission announced a voluntary recall of Pumpkin, Ghost and Skull Halloween Lanterns. Consumers should not use these products. Approximately 682,000 lanterns were sold at Dollar Tree, Dollar Bill$, Occasions, Deal$, and Dollar Tree Deal$ stores nationwide from August 2010 to October 2010 for about $1.00.Hazardous Condition

The bulb in the battery-operated lanterns can overheat, posing a fire and burn hazard.

The lanterns are about 6-1/2 inches tall and were sold in orange, black, and white. The model number (954437-13096-003-1005) is printed on the bottom of the lanterns.

Remedy

Consumers should take the recalled lanterns away from children immediately, then remove and properly discard the batteries. Consumers may return the lanterns to the store where purchased for a full refund.

Consumer Contact

Contact Dollar Tree Stores, Inc. at (800) 876-8077 between 9 a.m. and 5 p.m. ET Monday through Friday, or visit the firm's website at www.dollartree.com.

Continue reading "Safety Recall Of Halloween-Themed Lanterns ~" »

KTLA 5 News reports that at 3:22 p.m. this afternoon in the east Los Angeles community of Boyle Heights, a traffic crash involving a school bus and a BMW caused the death of an innocent pedestrian and injured many students and the bus driver.

The crash occurred at the intersection of East 1st Street and Soto Avenue in Boyle Heights.

According to officials at the scene, the children are high school students from Roosevelt High School, which is a little less than one block from the crash site. Fortunately, the injuries to the children are listed as minor.

L.A. City fire officials reported that 19 individuals were transported to two area hospitals (White Memorial Medical Center & Good Samaritan Hospital). Many of the students were injured but none seriously. The bus driver was transported to a hospital in critical condition ~ which was later upgraded to "serious."Cause Of The L.A. Bus Crash

CHP Officer Miguel Luevano reported that a black BMW traveling at a high rate of speed eastbound on East 1st Street blew through a red light, struck an innocent pedestrian, and then hit the subject school bus. The force of the impact caused the bus to spin and land on its side. The BMW was smashed all the way into its passenger compartment.

LAPD Chief Charles Beck reports that the BMW's driver and passenger ran from the crash scene, but were captured a few blocks away by a construction worker, who turned them over to the LAPD. The BMW driver is being investigated for driving under the influence (of drugs or alcohol).

Drunk Driving Liability Issues

Based on the limited information provided, the BMW driver who caused the crash is being investigated for being under the influence of alcohol or drugs. California Vehicle Code Section 23152(a) (Driving Under Influence Of Alcohol Or Drugs) states: "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."

Pedestrian Wrongful Death Liability

While the fatal Los Angeles crash remains under investigation, the family members of the victim are advised to consult with a knowledgeable wrongful death attorney. A lawyer who has represented numerous victims can help the family through this difficult time.

The facts indicate that negligence played a role in the crash, therefore, a lawyer can help the victim's family hold the tortfeasor financially accountable for their loss in a wrongful death claim.

The damages that are available to the victims of a wrongful death may include compensation for funeral and burial expenses, anticipated future life-time earnings of the decedent, and loss of love, care, and companionship.

Source: KTLA News

Continue reading "Deadly L.A. Bus Crash Kills One & Leaves Many Injured ~ " »

The State of California has been held partially responsible for a mudslide at a church camp near Crestline, California which killed 14 people.

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A jury in San Bernardino County held that CalTrans' faulty design of Highway 18 was partially responsible for the flooding and subsequent mudslide at St. Sophia Camp on Christmas Day in 2003. The jury found the State 31% liable for the deaths, holding St. Sophia Church 69% liable. The church settled its cases with the victims' families in 2008 for $13 million, then sued the State.

Jurors must now decide how much money the State should pay. The church is asking for $3.9 million, while CalTrans estimates its liability at $2.2 million.

CalTrans has only made minor changes to the design of Highway 18 since the mudslide.

Continue reading "California Held Partially Liable For Deadly Mudslide In Crestline ~" »

Toyota has announced another recall of 1.53 million cars globally. Of these, 740,000 are located in the U.S. The Lexus, Avalon, and other models are being recalled due to brake fluid and fuel pump problems. This recall is the latest in a string of "quality lapses" for the world's number one auto maker.

Toyota Motor Corporation is recalling about 740,000 cars in the U.S. and 599,000 in Japan. The remainder are in Europe and other markets around the world.

Over the past year, more than 10 million cars and trucks worldwide for a variety of problems ~ from braking problems in its Prius hybrid to faulty gas pedals and floor mats that can trap accelerators. In August, Toyota recalled 1.33 million Corolla sedans and Matrix hatchbacks in the U.S. and Canada because of the potential for their engines to stall.

This most recent recall involves a problem with the brake master cylinder which could lead to weaker braking power. Some models in Japan and elsewhere - but not in North America - have an electrical problem with the fuel pump which could cause the engine to stall. As of yet, no accidents have been reported from the two defects.

The recall decision was made under Toyota's new quality control regime which was implemented during the last several months in response to criticism that the company was slow in handling the onslaught of safety problems earlier this year.

Continue reading "Another Toyota Safety Recall Announced ~" »

The U.S. Consumer Product Safety Commission & Munchkin, Inc. of North Hills, California, have announced today a voluntary recall of the "Bathtub Sub" children's submarine toy. Consumers should stop using this recalled product immediately.

Hazard Involved

The intake valve located on the bottom of the submarine toy can pull a child's skin away from his/her body and into the suction valve, posing a laceration hazard.

Incidents/Injuries

The CPSC and Munchkin, Inc. are aware of nineteen incidents of lacerations to boys' genital area while bathing.

Remedy

Consumers should contact Munchkin for instructions on how to return the product for a free
replacement toy: http://www.munchkin.com.

Continue reading "Bathtub Toys Recalled By Munchkin Due To Injury Risk ~" »

The DePuy ASR™ Hip Resurfacing Platform manufactured by DePuy Orthopaedics, Inc. was recently recalled on August 24, 2010. Kerckhoff Law, APC has compiled the following information regarding what steps you should take if you are affected by the DePuy ASR™ Hip Implant recall:

1. Find Out If You Have A Recalled DePuy ASR™ Hip Implant.

Contact your doctor or the hospital that performed your hip implant surgery to determine if your hip implant is involved in the recall.

2. Which Defective Hip Implant Devices Are Being Recalled?

The hip recall involves all of the devices used in DePuy Orthopaedics, Inc.'s ASR™ XL Acetabular System and DePuy ASR™ Hip Resurfacing Platform.

3. What Are The Symptoms Of Hip Implant Failure?

Defective hip implants may cause crippling pain and impair the quality of life for those affected by the hip implant recall. Hip implant failure can cause broken bones, hip joint dislocation, infection, inflammation, and extreme discomfort.

4. How Many People Will Be Affected By The Hip Implant Recall?

An independent medical research team has determined that 1 out of every 8 hip replacement patients will require a painful second hip implant operation, called a revision surgery. Out of the 93,000 people that have had a hip replacement surgery with a DePuy ASR™ Hip Implant, up to 12,000 people may now require the hip replacement implant revision surgery.

Continue reading "DePuy Hip Recall Information ~" »

San Diego Police are investigating a hit-and-run incident that happened last night in Ranch Bernardo. A bicyclist was riding his bike on Pomerado Road near Caminito Vecinos shortly before 8:00 p.m. when he was struck from behind by a car. The beer cans in the bicyclist's backpack may have saved his life by absorbing the impact.

The victim was taken by paramedics to a local hospital with abrasions, bruises, and a fracture to his vertebrae. It is reported that he was not wearing a helmet, nor did he have reflectors or lights on his bike.

Even without any witnesses, police said they will probably be able to track down the driver, because a few small pieces fell from the driver's vehicle. Anyone with information about this incident should contact the San Diego Police Department.

Hit-And-Run Liability

California Vehicle Code Section 20001 states, in relevant part:

(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.

(b) (1) Except as provided in paragraph (2), any person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.

(2) If the accident described in subdivision (a) results in death or permanent, serious injury, any person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.

* * *

(c) A person who flees the scene of the crime after committing a violation of Section 191.5 of, paragraph (1) or (3) of subdivision (c) of Section 192 of, or subdivision (a) or (c) of Section 192.5 of, the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison...

Continue reading "Rancho Bernardo Bicyclist Struck By Hit-And-Run Vehicle ~" »

KTLA News reports that last Saturday, a man and his dog were viciously attacked by at least one pit bull and three other large dogs as he walked his dog in a Temple City neighborhood. The entire neighborhood has rallied for action to be taken against the dogs and their owner, because they fear the dogs may end up attacking an innocent child.

The victim, John Wachter, said he was walking his 15-year old yellow lab retriever, Chloe, through his neighborhood when suddenly a large pit bull pushed its way underneath a chain link fence and attacked him and his dog. Other dogs joined the attack. He did his best to fend off the dogs, and the owner of the pit bulls also came outside and tried to stop his dogs from attacking.The attack lasted nearly fifteen minutes. Mr. Wachter said he even threw one of the 70-pound dogs into the street and was knocked down. When he got back up, the dog was already attacking again.

Finally, Wachter and the dogs' owner were able to stop the attack. The son of the dogs' owner was severely bitten on his hands, and he lost the tip of one of his fingers.

Apparently this is not the first time these dogs have attacked. Neighbors told KTLA the same three dogs attacked a woman and her dog one year ago and the owner of the pit bulls paid the woman's veterinarian bills.

Dog Bite Liability

California has a strict liability dog bite statute which states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342).

The dog owner is liable regardless of whether the dog had ever been vicious before and regardless of whether the owner had reason to believe it would behave in a vicious manner. The dog does not get "one bite free."

Kerckhoff Law, APC handles all types of dog bite attacks.

KTLA.com reports that studies show driving while texting is more dangerous than driving under the influence. Recent fatalities involving texting while driving occurred in 2007 when a New York high schooler and her for fellow cheerleaders were killed due to her slamming head-on into a truck, killing all of them. The 2008 Chatsworth train collision, in which 25 people died and more than 100 were injured, was officially attributed to the engineer of the Metrolink commuter train being distracted by text messaging.

Unfortunately, the laws applicable to the problem of texting while driving reflect vital misunderstandings about why cell phone use combined with a moving vehicle can be so deadly. This was a major topic at the Transportation Department's Distracted Driving Summit on Sept. 21st.

Studies reflect that texting while driving can be more dangerous than driving while swigging Jack Daniels. In a 2009 survey, Car and Driver magazine tested two of its staffers under a variety of conditions. It found that on average, driving at 70 mph, one man braking suddenly while legally drunk (0.08 blood alcohol content) traveled 4 feet beyond his baseline performance. However, when reading an e-mail while driving sober, he traveled 36 feet beyond the baseline result and 70 feet while sending a text. In the worst case - while texting - he traveled 319 feet before stopping.

66% of respondents to a 2007 Harris Interactive poll admitted they've texted while driving, even as 89% said it should be banned.

Not to mention that our youngest drivers, who already are in far more than their share of roadway accidents and deaths, text the most, according to government and insurance industry reports.

Texting While Driving & Accidents

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. On June 23, 2010, California Senate Bill 1475 was passed, which would add one point to a driver's driving record.

The bill also strengthens California's hands-free and no-texting laws for motorists. The new law also extends to bicyclists. SB 1475 now moves to the State Assembly for consideration.

We all know about the dangers associated with texting while driving. Even Oprah Winfrey has joined the cause, ending each of her shows with a request that her viewers sign her pledge to not text and drive. It would be great to see ALL states implement a ban on texting while driving. Many lives would hopefully be saved and many auto accidents would probably be prevented.

Sources: Insurance Institute For Highway Safety, Highway Loss Data Institute, KTLA News.com

Continue reading "Texting Worse Than Drunk Driving ~" »

10news.com reports that two people were killed and two others injured this morning when a full-size pick-up truck crashed off Interstate 5 in Bay Park. The CHP reports that for unknown reasons, the northbound Toyota Tundra spun out of control just south of Clairemont Drive shortly after 11 a.m. Initial reports indicated the vehicle was an SUV, but the wreckage seen from Sky10 looks to be that of a pick-up truck.

Witnesses reported seeing the vehicle "weaving around" before it skidded off the freeway, then overturned and tumbled down an ice plant-covered slope, CHP Public Affairs Officer Jesse Udovich reported.

Two occupants of the truck died at the scene. Paramedics transported the other two to a hospital, but the extent of their injuries were unclear.Two northbound lanes remained blocked by emergency vehicles into the early afternoon, causing traffic congestion that stretched for several miles, before Interstate 5 was fully open again by 2:30 p.m.

Crash Liability Issues

What or who caused this crash? Was there a vehicle defect involved? Was the pick-up truck driver negligent? These are questions which officials will be looking into as they conduct their investigation.

Wrongful Death & Personal Injury Liability

A San Diego wrongful death lawyer should be consulted by the decedents' families to determine what their rights are with respect to this unfortunate incident.

The injured victims should consult with a San Diego personal injury attorney to determine what their options are.

Continue reading "San Diego Monday Morning I-5 Rollover Crash Results In Two Deaths ~" »

10News.com has reported that two young women were killed Saturday night just before 7:00 p.m., when their Nissan Altima crossed two lanes of traffic and sideswiped a Lexus GS300. The incident occurred on Interstate 15 in the City Heights area of San Diego.

According to the California Highway Patrol, both vehicles went off the freeway and down an embankment. The Nissan rolled several times causing both women to be ejected from their vehicle.The women have been identified by authorities as Elizabeth Belete, 19, and Cassandra Lopez Robinson, 21.

The three people in the Lexus were transported to a local hospital with minor injuries.

Crash Liability Issues

What or who caused this crash? Was there a vehicle defect involved? Was the Altima driver negligent? These are questions which officials will be looking into as they conduct their investigation.

Wrongful Death & Personal Injury Liability

A San Diego wrongful death lawyer should be consulted by the decedents' families to determine what their rights are with respect to this unfortunate incident.

The injured victims should consult with a San Diego personal injury attorney to determine what their options are.

Continue reading "Two Women Killed In San Diego I-15 Crash ~" »

KTLA News reports that an investigation has been launched into the Thursday night roller coaster accident at Knott's Berry Farm. Ten people were injured after the Pony Express horseback-style launch coaster failed to make it up an incline and rolled back into the loading station, slamming into another train waiting to depart.

Paramedics transported the injured roller coaster riders to a local hospital for treatment. Fortunately, only minor injuries were reported and all of the riders were released on Friday.

State inspectors and the ride's manufacturer plan to visit the theme park this week to determine what went wrong.

The rollercoaster trains collided in the station around 8:15 p.m. where park guests board the ride. A train leaving the station didn't make it over the first hill and rolled back into another train, according to investigators. One person who was getting into a waiting train and nine others on the train that rolled back were injured. The park guests were hospitalized with minor injuries. Three of the riders were twelve years old, and the others were adults.

Roller Coaster Crash Liability

Officials will investigate the cause of the incident to determine what went wrong. Were adequate safety measures in place? Was the roller coaster in question properly maintained? These are questions that the injured riders will want answers to when/if they decide to retain legal representation for their potential claims.

Continue reading "Knott's Berry Farm Roller Coaster Accident Injures 10 ~" »

Tike Tech Ltd. and the U.S. Consumer Product Safety Commission just announced a voluntary recall of 800 Tike Tech Single City X3 and X3 Sport Jogging Strollers. The hazard posed by the jogging strollers is an opening between the grab bar and seat bottom of the stroller, which can allow an infant's body to pass through and become entrapped at the neck by the grab bar. When an infant or young child is not harnessed, this poses a strangulation hazard.

Parents and caregivers are encouraged to always secure children by using the safety harness in the stroller, and never leave the children unattended. Additionally, consumers should immediately remove the grab bar from the stroller and contact Tike Tech to receive a free replacement grab bar.The recall includes the grab bar on Tike Tech Single City X3 and X3 Sport strollers. "Tike Tech" is printed on the footrest and on the back of the stroller on the right and left sides. The ID codes can be found on the interior left side frame.The following ID codes are included in this recall:

ID-Codes: TT-18-01
TT-18-02
TT-18-03
TT-18-04
TT-18-05
TT-18-06
TT-18-07

The strollers were sold at Juvenile product stores nationwide, as well as on web sites including www.amazon.com from October 2009 through February 2010 for approximately $300.00.

For further information, please contact Tike Tech at (800) 296-4602 between 9:30 a.m. and 4:30 p.m. ET Monday through Friday, or e-mail the company: recall@tiketech.com.

Continue reading "Safety Recall Of Jogging Strollers Due To Strangulation Hazard~" »

Kerckhoff Law, APC handles all types of dog bite attacks.

California has a strict liability dog bite statute that states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342).

The dog owner is liable regardless of whether the dog had ever been vicious before and regardless of whether the owner had reason to believe it would behave in a vicious manner. The dog does not get "one bite free."

We have found that many times in dog attack cases, dog bite victims are hesitant to pursue a dog bite claim because of their relationship with the owner of the dog. It is common for dog bite victims to be relatives of or friends with the dog owner. In most instances, injuries sustained by an animal attack or dog bite are covered under the dog owner's homeowner's insurance policy. Insurance policies allow victims to be fairly compensated for their injuries without subjecting the owner of the dog to financial hardship.

In all dog attack cases, it is essential that measures be taken promptly to preserve evidence, investigate the incident in question, and to enable physicians or other expert witnesses to thoroughly evaluate all injuries.

Dog Bite Safety Tips

Never approach an unfamiliar dog.

Never run from a dog and scream.

Stay still when an unfamiliar dog comes up to you ("be still like a tree").

If knocked over by a dog, roll into a ball and lie still ("be like a log").

Do not look a dog in the eye.

Do not disturb a dog that is sleeping, eating, or caring for puppies.

Do not pet a dog without letting it see and sniff you first.

Never play with a dog unless supervised by an adult.

Never leave an infant or child alone with any dog.

Continue reading "San Diego Dog Bite Lawyer ~" »

10news.com reports that an Alpine woman was tragically killed when her vehicle was struck head-on by an alleged drunk driver. The crash occurred on Saturday evening at approximately 8:25 p.m. on Alpine Boulevard, east of the intersection with Dunbar Lane.

Cathrine Marie Harless was 63 years old. Sadly, her two dogs also died in the crash.

According to the California Highway Patrol, Ms. Harless's westbound vehicle was struck by a pick-up truck which had veered into her lane. The driver who crossed into Ms. Harless's lane was hospitalized and will be booked on suspicion of drunk driving when he is released.

Drunk Driving Liability Issues

Based on the limited information provided, the man who caused the crash was arrested for being under the influence of alcohol. California Vehicle Code Section 23152(a) (Driving Under Influence Of Alcohol Or Drugs) states: "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."

Wrongful Death Liability

While the fatal Alpine crash remains under investigation, the family members of the victim are advised to consult with a knowledgeable San Diego personal injury attorney. A lawyer who has represented numerous victims can help the family through this difficult time.

The facts indicate that negligence played a role in the crash, therefore, a lawyer can help the victim's family hold the tortfeasor financially accountable for their loss in a wrongful death claim. The damages that are available to the victims of a wrongful death may include compensation for funeral and burial expenses, anticipated future life-time earnings of the decedent, and loss of love, care, and companionship.

Source: 10news.com

Continue reading "Alpine Woman Fatally Wounded In Head-On Crash ~" »

The California Highway Patrol is looking for the driver of a Dodge Ram pick-up truck that fled the scene of an accident early Monday morning at approximately 1:30 a.m.

The crash occurred in the Webster area of San Diego. The CHP reports that the driver was driving on Euclid Avenue, and for an unknown reason, drove down an embankment and into the eastbound lanes of Highway 94 facing the wrong direction.

The Dodge Ram smashed head-on into a Chrysler Sebring Convertible. The driver of the Sebring was transported to a local hospital with complaints of back pain.A description of the truck driver has not yet been released. If anyone has information pertaining to this crash, they are urged to contact the CHP.

Legal Ramifications For Leaving The Scene Of An Accident

California imposes serious punishment to offenders who leave the scene of an accident. California Vehicle Code Section 20001 states:

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

(b) (1) Except as provided in paragraph (2), a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine .

(2) If the accident described in subdivision (a) results in death or permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.

(c) A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision."

Continue reading "SR-94 Head-On Crash Driver Flees Scene ~" »

KTLA News reports that a Torrance motorcycle officer suffered severe head injuries after colliding with a van that turned in front of him at an intersection, causing the officer to be thrown 30 feet into the street. The officer is in critical condition at County Harbor UCLA Medical Center, where he is being treated for his injuries.

The incident happened Thursday morning at the intersection of Redondo Beach Boulevard and Yukon in Torrance.

The California Highway Patrol helped to clear the 405 freeway while the officer was rushed under police escort to the hospital.

Motorcycle Crashes & Intersection Liability Issues

Based on this news report, it appears that the driver of the van turned in front of the motorcyclist. Very often, such crashes at street intersections occur because someone either failed to yield the right-of-way or ran a red light. In motorcycle accident cases, very often the at-fault driver did not consciously look for a smaller vehicle such as a motorcycle or a bicycle at the street intersection. The driver may only have been looking for cars, trucks, or SUVs.

Liability Issues

If the driver of the van is found to be at fault, then he could be held liable for the officer's severe injuries. A skilled personal injury lawyer will be able to determine whether there was a dangerous condition at this intersection, which may have caused or contributed to the accident. If that was the case, the governmental entity responsible for maintaining the roadway could also be held liable. Under California Law, all claims against public entities must be filed within 180 days of the incident.

Source: KTLA News

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The Highway Loss Data Institute reports that a recent study determind that texting-related crashes did not decrease in those states which passed laws banning texting while driving. Rather, the texting bans were found to be associated with an increase in the number of insurance claims filed for collision damage in vehicle crashes.

The HLDI study compared collision claim rates in the months before & after texting while driving was banned in Washington, California, Louisiana, and Minnesota with the claim rates in nearby states that don't currently have texting laws. A previous HLDI study uncovered similar results for bans on driving while talking on a hand-held cell phone.

This evidence may indicate that texting laws are ineffective, and that other measures to decrease texting while driving should be explored.

Texting While Driving & Accidents

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. On June 23, 2010, California Senate Bill 1475 was passed, which would add one point to a driver's driving record.
The bill also strengthens California's hands-free and no-texting laws for motorists. The new law also extends to bicyclists. SB 1475 now moves to the State Assembly for consideration.

We all know about the dangers associated with texting while driving. Even Oprah Winfrey has joined the cause, ending each of her shows with a request that her viewers sign her pledge to not text and drive. It would be great to see ALL states implement a ban on texting while driving. Many lives would hopefully be saved and many auto accidents would probably be prevented.

Sources: Insurance Institute For Highway Safety, Highway Loss Data Institute

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