San Diego Personal Injury Lawyers Blog

Have you or a loved one been seriously injured or killed in an automobile accident in Imperial County? If so, you should consult with an experienced El Centro personal injury lawyer to find out what your legal rights are and what your next step should be.
Imperial County personal injury attorney Jason Kerckhoff knows how serious and life-changing accidental injuries can be, and how frustrating it is to try to obtain relief from insurance companies and other responsible parties.

Choosing An El Centro-Imperial Valley Injury Attorney

After an automobile crash or any other event involving serious injury or the wrongful death of a loved one, it is extremely important to work with a law firm that specializes in personal injury. Unfortunately, sometimes people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries to innocent victims. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible.

The types of skills required to successfully handle a serious automobile accident or wrongful death case are very specific. Our El Centro personal injury law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to, so that they can move on with their lives.

The U.S. Consumer Product Safety Commission and Health Canada recently announced a voluntary recall of Guardian full-face diving masks.

Manufacturer: Undersea Systems International Inc. dba Ocean Technology Systems of Santa Ana, California

Hazard: The purge assembly on the diving mask can disengage from the regulator, resulting in a loss of air to the diver, which poses a drowning hazard.

Description: This recall involves Guardian full-face diving masks with serial numbers 9051284 through 100070954. The serial number is printed on the main regulator body. The diving masks were sold in black with blue accent colors. The Ocean Technology Systems' logo is affixed to the front of the mask.Sold by: Diving equipment retailers and direct sales nationwide from September 2010 through November 2010 for approximately $800.

Remedy: Consumers should immediately stop using the diving masks and contact Ocean Technology Systems for instructions on conducting a test of the regulator and returning the masks for a free repair.

For further information, contact Ocean Technology Systems toll-free at (877) 270-1984 anytime, or visit the firm's website at www.otscomm.com.

Continue reading "Safety Recall ~ Guardian Full-Face Diving Masks" »

CBS8.com reports that a Monday morning collision on a rain-soaked stretch of Interstate 805 in Clairemont Mesa killed a 60-year-old motorcyclist and tangled traffic for hours during the morning commute.

The incident occurred shortly before 6 a.m. amid heavy rainfall. Apparently the driver of a Lexus SUV was traveling about 80 mph in the number one southbound lane of the freeway when he encountered slow-moving traffic ahead of him near the Balboa Avenue exit. He lost control of his vehicle, slid to the right, struck a big rig, then traveled back to the left across the roadway, crossing directly into the path of a BMW motorcycle.

The motorcycle struck the driver's side of the Lexus, ejecting the operator - Paul Palika of Oceanside. The CHP reported that he died at the scene. It was reported that the driver of the sport utility vehicle was uninjured. The investigation is ongoing and it is not clear whether or not he will be cited for this incident.

Motorcycle Accident Fatalities

Crashes on freeways most often occur because a driver was speeding, not paying attention, texting, or using a cell phone, causing needless injury and/or death to others. The CHP will conduct an investigation into the cause of the incident and make the appropriate recommendation to the District Attorney's office.

Choosing A San Diego Motorcycle Accident Attorney

If you or a loved one has been killed in a motorcycle crash, you may be entitled to compensation for your injuries and damages. Unfortunately, sometimes people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible. Our San Diego motorcycle injury law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to, so that they can move on with their lives.

Sources: 10news.com, CBS8.com, California Highway Patrol

Have you or a loved one been seriously injured or killed in a motorcycle accident? If so, you should consult with an experienced San Diego motorcycle injury lawyer to find out what your legal rights are and what your next step should be.

San Diego motorcycle injury attorney Jason Kerckhoff knows how serious and life-changing accidental injuries can be, and how frustrating it is to try to obtain relief from insurance companies and other responsible parties.

Choosing A San Diego Motorcycle Injury Attorney

After a 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.
Unfortunately, sometimes people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible.

The types of skills required to successfully handle a serious motorcycle injury accident or motorcycle wrongful death case are very specific. Our San Diego motorcycle injury law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to, so that they can move on with their lives.

Legal Rights

If you or a loved one has been injured or killed in a motorcycle crash, you may be entitled to compensation for your injuries and damages. With over 28 years of experience litigating personal injury and wrongful death claims, Jason Kerckhoff can help you obtain the compensation you deserve.

10News.com reports that a woman believed to be in her 50s was taken to a local hospital with major head trauma and internal injuries, after being struck by a vehicle around 6:05 a.m. on March 15th in Clairemont.

Authorities said the woman was walking near Luna Avenue & Regents Road when she was struck by a Honda traveling approximately 45 miles per hour. After striking the woman, the Honda crashed into another vehicle.

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The victim appears to have hit the Honda's windshield and was thrown 30 feet+. Fortunately, she was conscious and breathing when she was transported to the hospital.

Emergency crews were evaluating the driver of the Honda for glass in the eyes. The investigation is continuing as to why this incident occurred.

Automobile vs. Pedestrian 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.

Legal Rights

If you or a loved one has been injured or killed in an automobile crash, you may be entitled to compensation for your injuries and damages. With over 28 years of experience litigating personal injury and wrongful death claims, Jason Kerckhoff can help you obtain the compensation you deserve.

Continue reading "Clairemont Woman Struck By Car Thrown 30 Feet ~" »

The U.S. Consumer Product Safety Commission and Burlington Coat Factory recently announced a voluntary recall of its Bella Kitchen 5-quart programmable slow
cookers. The control panel may overheat and melt, posing a fire hazard to consumers.

Units sold: Approximately 7,460

Retailer: Burlington Coat Factory of Burlington, New Jersey

Importer/Distributor: Lehrhoff ABL of Carlstadt, New JerseyThe manufacturer has received 60 reports of the control panels smoking, melting and sparking, and three reports of panels catching fire. Fourteen incidents resulted in minor damage to countertops. No injuries have been reported.

Description: The slow cookers are black with "Bella Kitchen" printed on the control
panel. Only slow cookers with model number WJ-5000DE and date codes 0907 or 0909
are included in the recall. The model number and the four-digit date code are
printed on a label on the underside of the slow cooker.

Sold at: Burlington Coat Factory stores from June 2010 through December 2010 for
$20.

Manufactured in: China

Remedy: Consumers should stop using the slow cooker immediately, unplug it, and
return it to Burlington Coat Factory for a full refund or store credit.

For more information, visit the firm's website at http://www.burlingtoncoatfactory.com.

Continue reading "Safety Recall Of Slow Cookers Due To Fire Hazard ~" »

Have you or a loved one been the victim of a dog bite attack in El Centro or Imperial County? Enduring a vicious dog bite attack can be extremely traumatic, and may cause severe and long-lasting injuries.

Seek medical treatment promptly. A dog bite may become infected. Therefore, contact a doctor immediately for treatment. If the bite is serious and you or a loved one are in immediate medical distress, it would be wise to call an ambulance or go to an emergency room/urgent care facility as quickly as possible.

Identify the dog that bit you. Identify the dog that attacked you and obtain the dog owner's contact information. 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 claim.

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 as well as the location of the attack.

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

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

The CHP reports that a female passenger in her 20s was killed early Monday morning in a single-vehicle rollover crash on an Interstate 5 on-ramp near downtown San Diego. The man driving was arrested on suspicion of DUI, according to authorities.

The fatality occurred on the northbound 11th Avenue on-ramp to northbound I-5. The woman, who was trapped in the vehicle, died at the scene, and a second passenger was transported to a local hospital with non-life-threatening injuries.

Cause of the March 14th Crash

Although the official cause of the crash is still under investigation, if news reports are correct, the driver of the vehicle is likely responsible for the collision. The CHP will look into the actions of the male driver to determine whether or not alcohol was a factor in this auto crash.

San Diego Auto Accident Personal Injury Liability

The injured passenger should seek legal representation from a competent San Diego personal injury attorney. A personal injury attorney can properly advise him/her as to legal rights and what damages one is entitled to.

Drunk Driving Liability

California's drunk driving laws are strict. 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.

Wrongful Death Liability

The family of the decedent is advised to consult with an experienced 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 death.

A lawyer who has represented numerous victims can help the family through this difficult time, and hold the tortfeasor financially accountable for their loss in a wrongful death claim. The damages that are available to the family of the victim may include compensation for funeral and burial expenses, anticipated future life-time earnings of the decedent, and loss of love, care, and companionship.

Now that we've forwarded our clocks for daylight savings time, the Consumer Product Safety Commission (CPSC) is urging consumers to use this opportunity to also change the batteries in our smoke & CO alarms.

"Smoke and CO alarms add layers of lifesaving protection for families and homes from the dangers posed by fire and carbon monoxide," said CPSC Chairman Inez Tenenbaum. "Changing the batteries and testing your smoke and CO alarms to ensure they are working, when you change your clocks, is a great way to ensure alarms are operable and families are fully protected in the event of an emergency."

Carbon monoxide is an odorless, colorless, poisonous gas that consumers can't see or smell. On average, there were an estimated 184 unintentional, non-fire CO poisoning deaths annually associated with consumer products from 2004 through 2007. Carbon monoxide associated home heating systems and generators accounted for the largest percentage of reported fatalities.

Smoke and CO alarms should be tested monthly. The CPSC recommends that consumers replace the batteries in their smoke and CO alarms every year. Smoke alarms should be located on every level of the home, outside sleeping areas, and inside each bedroom. Each home should have at least one carbon monoxide detector in the area outside individual bedrooms. CO alarms should not be installed in attics or basements unless they include a sleeping area. Combination smoke and CO alarms are available to consumers.

The CPSC recommends consumers follow these safety tips to prevent fires and CO poisoning from occurring in the home:

Fires

* Never leave cooking equipment unattended.

* Use caution using candles, lighters, matches and smoking materials near upholstered furniture, mattresses, and bedding. Keep matches and lighters out of the reach of children.

* Have a fire escape plan and practice it, so that family members know what to do and where to meet if there is a fire in the home. Children and the elderly may sleep through or not react to the sound of a smoke alarm; therefore, parents and caregivers should adjust their fire escape plan to help children and the elderly escape from the house in the event of a fire.

CO Poisoning

* Have a professional inspect your home heating, cooling, and water-heating appliances annually. Improperly operating appliances can produce fatal CO concentrations in the home.

* Never ignore a CO alarm signal. It is warning you of a potentially deadly hazard. If the alarm signal sounds, do NOT try to find the source of the CO. Immediately move outside to fresh air. Call your emergency services, fire department, or 911.

* Never use a portable generator indoors, including in garages, basements, crawl spaces, and sheds. Opening doors and windows or using fans will NOT prevent CO build-up in the home.

* When using portable generators, keep them outdoors and far away from open windows, doors, and vents to avoid toxic levels of CO from building-up indoors.

* If you start to feel dizzy, weak, or sick while using a generator, get fresh air right away. The CO from generators can quickly lead to full incapacitation and death.

* Never burn charcoal indoors. Burning charcoal in an enclosed space can produce lethal levels of carbon monoxide.

Visit www.FireSafety.gov for fire safety information from CPSC and other federal agencies.

Continue reading "Safety First ~ Replace Smoke Alarm & CO Batteries" »

10news reports that a bicyclist was struck and killed by a minivan in the Lomita area of San Diego yesterday morning at approximately 7:30 a.m. The incident occurred in the 8000 block of Skyline Drive between Bowie Street and Greenlawn Drive.

Witnesses said the man struck the windshield of the minivan and was thrown. Passing motorists called 911 and paramedics responded. They initiated CPR, but he failed to respond and his death was pronounced at the scene. Police said the bicyclist, a 73-year old Hispanic man, was then taken to a local hospital.

The San Diego Traffic Division police are investigating the crash.

Cause Of The Fatal Bicycle Accident

It is unclear how fast the minivan may have been traveling and whether or not the driver was speeding. It is also unclear whether or not the bicyclist may have been negligent.

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 San Diego bicycle injury lawyer. If it is determined that the minivan driver is responsible or found partially at fault for this incident, he/she may be held liable for the cyclist's death.

Continue reading "San Diego Bicyclist Struck & Killed By Car ~" »

10News.com reports that a 61-year-old motorist was jailed on Friday, accused of running over and seriously injuring a motorcyclist with his pickup truck in San Marcos, then fleeing the scene. The pickup truck driver allegedly struck the motorcyclist on Montiel Road in San Marcos at approximately 5:20 p.m. on Thursday.

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Moments before the crash, motorcyclist Jeremy Walkowiak was traveling eastbound on Montiel Road from Nordahl Road, when he apparently had to brake suddenly to avoid a collision with a vehicle that had turned in front of him, causing him to lose control of his bike, which went sliding.

As Mr. Walkowiak slid in an eastbound direction, the defendant allegedly made a left-hand turn from westbound Montiel in a red Dodge pickup truck, and ran over Walkowiak and his motorcycle. Witnesses reported to sheriffs that the Dodge kept going without stopping. Mr. Walkowiak was transported by paramedics to Palomar Medical Center, where he was admitted with serious injuries.

Richard William Flaig was later identified as the driver of the pickup truck, and was arrested and taken to Vista jail where he is held on $50,000 bail on suspicion of felony hit-and-run causing death or injury.

Motorcycle Crashes & Intersection Liability Issues

Crashes at street intersections occur because someone either failed to yield the right-of-way or ran a red light. In motorcycle accident cases such as this, very often the at-fault driver was not paying attention, or didn't consciously look for a smaller vehicle - such as a motorcycle or a bicycle at the street intersection.

Choosing A San Diego Motorcycle Accident Injury Attorney

After a motorcycle accident 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. Unfortunately, sometimes people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible.

The types of skills required to successfully handle a serious motorcycle accident are very specific. Our San Diego personal injury law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to, so that they can move on with their lives.

Have you or a loved one been seriously injured or killed in an accident? If so, you should consult with an experienced San Diego personal injury lawyer to find out what your legal rights are and what your next step should be.

San Diego personal injury attorney A. Jason Kerckhoff knows how serious and life-changing accidental injuries can be, and how frustrating it is to try to obtain relief from insurance companies and other responsible parties.

Choosing A San Diego Injury Attorney

After a vehicle 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.

Unfortunately, sometimes people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible.

The types of skills required to successfully handle a serious accident or wrongful death case are very specific. Our San Diego personal injury law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to, so that they can move on with their lives.

10News.com reports that a high-speed pursuit that began in Imperial Beach has ended in a crash involving six vehicles, leaving two people dead. The pursuit, which started about 7:50 a.m. this morning in Imperial Beach (San Diego), lasted for only about ten minutes, and reached speeds of 100 miles per hour or more. The incident began after Imperial Beach Sheriff's personnel were chasing a truck which was believed to have been carjacked.

Officials say that a woman was reportedly driving the truck, and a male passenger and pit bull were also inside the vehicle. It's unclear whether the man and woman knew each other. The driver of the truck clipped a Sheriff's deputy's vehicle and sped northbound along Silver Strand Highway towards Coronado.

The pursuit ended in a crash involving six vehicles at Rendova Road & Silver Strand Highway. Some of the vehicles were parked and unoccupied. The occupants of the fleeing truck were both killed in the crash. One witness said that she saw the dog ejected from the truck and hobble away.

Auto Accident Personal Injury & Wrongful Death Liability

A person injured or killed in this crash may be entitled to recover compensation for his/her injuries from the estate of the truck driver. In multi-vehicle accidents such as this one, if multiple parties contributed to the incident, a claim may be filed against multiple parties. However, if liability is disputed then claims arising from multi-car accidents may be complex.

After an accident such as this March 3rd crash in Imperial Beach, where multiple cars are involved, the injured victims or their families would be well-advised to speak with a San Diego auto accident lawyer about the crash and the victims' rights to recover damages for their medical expenses, lost earnings, pain and suffering, loss of enjoyment of life, and other damages.

Jason Kerckhoff provides free consultations in order to review the accident report and advise the victims of their best course of action, in order to protect legal rights and recover maximum compensation.

Continue reading "6-Vehicle San Diego Truck Crash Leaves Two Dead ~" »

Each year, our Military Health System recognizes March as "Brain Injury Awareness Month." Listed below is helpful information for all servicemembers, retirees, veterans, and their families, as well as for the general public.

Causes

The leading causes of TBIs are:

•Falls (28%).

•Motor vehicle crashes (20%);

•Struck by/against events (19%);

•Assaults (11%)

Signs & Symptoms

The signs and symptoms of a traumatic brain injury (TBI) can be subtle. Symptoms of a TBI may not appear for days or weeks following the injury, or may not be noticed, since some people look fine even though they may act or feel differently. The following are common signs and symptoms of a TBI:

•Difficulty remembering, concentrating, or making decisions;

•Slowness in thinking, speaking, and/or reading;

•Headaches or neck pain that do not go away;

•Getting lost or easily confused;

•Feeling tired all the time - having no energy or motivation;

•Mood changes (feeling sad or angry for no reason);

•Changes in sleep patterns (sleeping a lot more or having a hard time sleeping);

•Light-headedness, dizziness, or loss of balance;

•Urge to vomit (nausea);

•Increased sensitivity to lights, sounds, or distraction; and

•Blurred vision or eyes that tire easily;

Severity

The severity of a TBI may range from "mild" (a brief change in mental status or consciousness) to "severe" (an extended period of unconsciousness or amnesia after the injury). An estimated 5.3 million Americans are living today with a TBI-related disability and require help performing daily activities.

About 75% of TBIs that occur each year are concussions or other forms of mild TBIs. Repeated mild TBIs occurring over an extended period of time (i.e., months & years) can result in cumulative neurological and cognitive deficits. Repeated mild TBIs occurring within a short period of time (i.e., hours, days, or weeks) can be catastrophic or fatal.

Costs

The costs to TBI victims can be staggering. It is difficult to fully describe the human cost of TBI, and the burdens borne by those who are injured and their families. Only a few studies of the monetary costs of these injuries are available. According to one study conducted in 2006, direct medical costs and indirect costs such as lost productivity from TBIs totaled approximately $60 billion in the United States.

In situations involving Traumatic Brain Injury, it is essential that prompt measures be taken to preserve evidence, prove the nature and extent of the injuries, and enable expert medical witnesses to support the cause of the injuries.

Please visit the Military Heath System Brain Injury Awareness Month webpage to learn more about brain injuries.

Continue reading "March Is Brain Injury Awareness Month For The Military " »

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

San Diego personal injury attorney A. Jason Kerckhoff knows how serious and life-changing accidental injuries can be, and how frustrating it is to try to obtain relief from insurance companies and other responsible parties.

Choosing A Cardiff-By-The-Sea Injury Lawyer

After a vehicle 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.

Unfortunately, sometimes people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible.

The types of skills required to successfully handle a serious accident or wrongful death case are very specific. Our Cardiff By The Sea personal injury law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to, so that they can move on with their lives.

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 (car accidents, gunshot wounds, 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, for most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning.

Almost 11,000 people in the U.S. sustain a traumatic spinal cord injury each year, resulting in temporary or permanent sensory deficit, motor deficit, or bowel or bladder dysfunction. In this country, more than 250,000 people live with paralysis caused by SCI.

More than half the people who sustain an SCI are between the ages of 16 and 30. More males than females sustain this type of injury - the ratio is more than four to one. The most common cause of SCI is a motor vehicle crash, accounting for at least 36% of these injuries (broken down as follows: no restraints used - 20%; restraints used - 13.7%; motorcycle - 7.4%; accidents involving pedestrians - 5.2%; other - 2.1%).

Violence-related SCIs have been steadily increasing over the past two decades, and today, violence is associated with 29% of SCIs. Falls and sports injuries result in 21% and 7% of SCI cases, respectively.

Damages In SCI Cases

The amount of damages that may be recovered against a party responsible for causing SCI injury is substantial. The average out-of-pocket cost of coping with a spinal cord injury in the first year can be as high as $741,000 for the most severe injuries. For each year after that, the average cost is approximately $132,000. These amounts don't include indirect damages (which averaged $60,000 in 2006) such as:

Lost wages

Pain and suffering

Loss of consortium

Loss of enjoyment of life

Mental anguish

All of these damages continue throughout the life of a victim.

If you or a loved one has sustained an SCI due to the negligence of another party, you may want to consult with an experienced SCI attorney to find out what your legal rights are.

Continue reading "Have You Or A Loved One Sustained A Spinal Cord Injury?" »