San Diego Personal Injury Lawyers Blog

The following is a guest blog from www.accidents.com.

In today's society, everyone says and does the same things they always have - but now they post it on blogs, social media sites, video sharing site,s and personal websites. Facebook has been used in many court cases - lawyers want to retrieve all types of personal information from a user's profile, photographs, and status updates. Facebook's Terms of Service explicitly state, "the website is available for your personal, noncommercial use only." However, this doesn't mean police, potential employers, college administrators, and defending accident lawyers can't use it for research and investigations. In fact, Facebook spokespeople have made this known in public forums and discussion areas - all information on the site should be presumed available to the general public.

Here's the article your accident lawyer hopes you read - it details the steps you can take to protect your social media presence during a trial.

1) Suspend your Facebook and Twitter accounts - Although this is the easiest way to help prevent information for being used against you, some may not feel comfortable getting rid of it completely.

2) Double-check your preferences - Facebook's default privacy settings allow people who live in your area or network to see your information, even if you're not friends. Change this right away.

3) Monitor photos - Keep a close eye on photos that you post or are tagged in. If you feel any of these could incriminate you, untag yourself or ask the person who posted it to delete it right away.

4) Watch what friends post - Monitor what's being posted on your wall to make sure nothing will contradict the claims you're making or could be misinterpreted.

5) Take care when posting status updates - Even something as little as a smiley face can be taken the wrong way and used against you.

Continue reading "8 Facebook Rules For Personal Injury Plaintiffs ~" »

10News.com reports that a 46-year old bicyclist was struck by a car door In the 2500 block of University Avenue In North Park, San Diego. The incident occurred Monday at approximately 5:00 p.m.

A 22-year-old woman who was getting out of her parked vehicle opened her car door into the path of the bicyclist.

Bicycle Injuries & Liability

A vehicle owner who has parked a vehicle on a street has a duty to look for oncoming bicyclists and vehicles before opening a car door.

If the police investigation determines that the vehicle owner is at fault, her automobile insurance (if available) should cover the losses associated with this claim.

Retaining A San Diego Bicycle Injury Lawyer For Assistance

In incidents such as this bicycle crash, where the driver of a vehicle causes personal injury to a bicyclist, the victim may benefit from speaking to an experienced San Diego bicycle injury lawyer. If it is determined that the vehicle driver is responsible for this incident, she may be held liable for the cyclist's injuries.

Continue reading "San Diego Bicyclist Struck By Car Door ~" »

At Kerckhoff Law, APC, we use our experience in handling accident cases to investigate every possible contributing cause of an accident to ensure that you will receive full compensation for your injuries. Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience.

Our San Diego automobile accident attorneys will take over the investigation of your case so that you can concentrate on recovering from your injuries. We can assist you in finding an appropriate medical specialist to treat you, and we can make arrangements with your medical care providers to wait for payment until your case is resolved through settlement or trial.

What To Do After An Auto Accident

What information should I obtain?

Should I call the police?

When should I contact an attorney?

Should I contact my own insurance company?

Should I go to the doctor?

Is there anything special I should tell my doctors?

Do I need to take pictures of the accident scene?

Do I have to take photos right away or can I wait?

What about preserving other evidence besides photos?

Should I talk to the other driver's insurance company? What if they call me?

Click here for a free consultation. No recovery, no fee. All costs advanced.

CBS8.com reports that a 19-year-old Fallbrook teenager was critically injured in a head-on collision yesterday.

The crash occurred on State Route 76 just east of Gird Road at approximately 7:00 a.m. Saturday, according to the California Highway Patrol.

A 35-year-old Oceanside man told investigators that he was driving west in a Ford Ranger pick-up truck, when he lost control and veered into oncoming traffic. He crashed head-on into a Dodge Ram pick-up truck being driven by the Fallbrook man, who was transported to Palomar Medical Center. The victim was identified as 19-year old Conrad Murphy.

The Ford Ranger driver only suffered minor injuries. His truck was impounded pending the investigation.

Dangerous Roadway Crashes & Personal Injury Liability

CBS8news.com reports that the CHP is investigating the incident. When a person is injured due to the negligence of another, he and his family would benefit from speaking to a San Diego personal injury attorney about the incident and the liability issues involved. An experienced personal injury lawyer can get answers as to exactly what happened.

Damages In Motor Vehicle Claims

When someone suffers a personal injury, he will likely require medical attention and may need rehabilitation, all of which costs substantial sums of money. The types of damages that an injured person can recover are:

Cost of medical expenses/treatment

Pain & suffering

Mental anguish/emotional distress

Lost opportunity

Loss of income

Property damage

Continue reading "Fallbrook Teen Critically Injured In Head-On Crash ~" »

The state Office of Traffic Safety (OTS) released a new survey on Wednesday contending that southern Californians (including those of us residing in San Diego County) are only slightly worse that the rest of the nation when it comes to texting or talking on a cell phone while driving.

The state's study conducted in March and billed as the first-ever observational study, revealed that 9.8 percent of Southern Californians are texting or yakking.

OTS Director Christopher J. Murphy is quoted as stating: "This study is highly significant for California ... it gives us a base to measure against in years to come as we combat this serious threat to safety on our roadways."

In 2009, a federal study showed that approximately 9% of drivers nationwide were talking on cell phones or texting while driving.

The study included 130 intersections in 17 California counties, where observers took notes while observing 5,413 drivers holding phones to their ears, wearing a Bluetooth or headset device, or those who were texting.

In the first half of April - Distracted Driving Awareness Month - more than 20,000 drivers were ticketed for holding phones to their ears while driving, as well as for texting. The fine for a first offense is $159 and rises to $279 for repeat offenses.

Personal Injury & Wrongful Death Liability In Automobile Accidents

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 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 the death of Junethea Centeno on April 12th is calling attention to a potentially dangerous problem on Interstate 15 in the Escondido area. Ms. Centeno lost her life on northbound I-15 near Felicita Road after losing control of her vehicle after driving into a concrete barrier near a construction site.

Her father, June Centeno, cannot understand why his daughter lost her life that morning. Junethea's boyfriend, Jon Mata, arrived at the scene moments after the crash. He told 10News: "There were no orange drums, no cones, no reflectors, nothing like that ... if she only hit the side of the road where the barrier is, the car could have slid down, versus hitting the end of a barrier. If things were set up the way they should be, they could have softened the impact. She'd be alive today."

Friends and family gathered yesterday afternoon to say goodbye to the 18-year-old Palomar College student.

Dangerous Roadway Crashes & Wrongful Death Liability

10news.com reports that CalTrans has refused to comment on the crash, and that the California Highway Patrol investigation is expected to take another two weeks. What is the cause of the April 12th crash? Is CalTrans liable? These are questions that can be answered after the CHP's investigation is complete.

When a person dies due to the negligence of another, his or her family would benefit from speaking to a wrongful death lawyer about the incident and the wrongful death liability issues involved. An experienced attorney can help the family members of the victim get answers as to exactly what happened and who is responsible, as well as explain what the family members' legal rights and options are should they wish to pursue a wrongful death claim.

Source: 10news.com

10news.com has reported that a Carlsbad man has been arrested regarding the hit-and-run crash which occurred in Encinitas on Sunday, April 10th in the early morning hours.

James Steven Swarzman, 47, of Encino, was riding with two other cyclists about 1:00 a.m. when he was hit from behind near North Coast Highway 101 and Jason Street. He was airlifted to Scripps Memorial Hospital in La Jolla, but unfortunately, was pronounced dead three hours later.

The Sheriff's Department reported that 46-year old Joseph Ricardo Fernandez came forward last week to report that he believed he may have been involved in a recent traffic accident in the Encinitas area. He was interviewed by detectives and the front-end damage to his Dodge Ram 1500 pick-up truck was inspected.

The driver did not stop at the scene to offer assistance or to speak to authorities.

Wrongful Death Liability

In cases such as this, very often the at-fault driver was not paying attention, may have been distracted by cell phone use, or other possible scenarios. If it is determined that the truck driver was responsible for this fatal bicycle accident, the family of the victim may pursue a wrongful death claim against the driver.

A wrongful death attorney 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.

Continue reading "Man To Be Arraigned In Fatal Encinitas Hit & Run Case ~" »

Vehicle accidents in the El Centro area and surrounding regions occur often, causing serious injuries and death to pedestrians and drivers. Incidents that occur on Imperial County roadways may be caused by distracted drivers, drunk drivers, vehicle defects and/or dangerous road conditions. Negligent drivers who cause accidents may be held financially liable for resultant injuries and deaths that they cause.

The El Centro auto accident lawyers at Kerckhoff Law, APC have represented hundreds of seriously injured victims of Imperial County car accidents in personal injury claims, including incidents occurring in Brawley, Calipatria, Holtville, Imperial, Seeley, El Centro, Calexico, Heber, Winterhaven, and Mexicali.

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Please contact Kerckhoff Law, APC for a free consultation if you or a family member has been seriously injured or killed in an El Centro automobile crash or Imperial County wrongful death incident.

You may not know that 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 on or near 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).

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

In dog bite cases, it is essential that prompt measures be taken to preserve evidence (including taking photographs), investigate the incident in question, and enable physicians and other expert witnesses to thoroughly evaluate all of the injuries.

In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make one "whole"; however, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is the possibility that the party can also recover what are known as "punitive" damages. These are designed not for the purpose of making the injured party "whole," but rather to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal which could cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical dog bite case.

Click here to review dog bite safety tips that we previously blogged about.

Continue reading "Injured In An El Cajon Dog Bite Attack?" »

10news.com reports that one person was killed after a large sedan crashed into a stalled compact car on Interstate 805 early this morning. The 6:22 a.m. fatality occurred in the Lincoln Park on southbound I-805 at Market Street, according to the CHP.

Three lanes of the freeway were closed for investigation. No other details were immediately released.

Investigation Of The April 13th I-805 Fatality

California Highway Patrol officers are conducting an investigation into the cause of this crash. If the driver of the large sedan is found to be negligent for causing this accident, then he/she will be held liable for the damages caused.

Wrongful Death Liability In Automobile Accidents

In freeway crash cases such as this, very often the at-fault driver was not paying attention, may have been distracted by cell phone use, or other possible scenarios.

If the highway patrol officers determine that the driver of the large sedan was at least partially responsible for this fatal auto accident, the family of the victim may pursue a wrongful death claim against the driver, and any other responsible parties.

While this incident remains under investigation, 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 large sedan is found responsible for this incident, the driver may be held liable for causing 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.

Continue reading "One Dead Due To I-805 Crash ~" »

On April 7th, the U.S. Consumer Product Safety Commission announced a voluntary recall of P.Jamas children's sleepwear.

Hazard: The garments fail to meet federal flammability standards for children's
sleepwear, posing a risk of burn injury.

Description: This recall involves all styles of P.Jamas brand name children's
sleepwear, including nightgowns and two-piece shirt-pant sets sold in children's
sizes XS through XL. A label with the name P.Jamas in blue lettering on
a white background is sewn onto the back center of the garments. The children's
sleepwear is 100 percent cotton woven or knit fabric. They are sold in a
variety of pastel colors in solid, stripe, or plaid patterns. Some of the nightgowns are
hand smocked and some of the pajamas are trimmed in piping or rickrack.Places Sold: Boutique shops nationwide and the www.p-jamas.com website from January 2006 through October 2010 for between about $50 and $100.

Remedy: Consumers should stop using the recalled sleepwear immediately and
return the product to the retailer where purchased for a full refund.

Consumer Contact: For additional information, contact P.Jamas toll-free at (888)
554-6495 between 9 a.m. and 5 p.m. ET Monday through Friday, visit the company's
website at www.p-jamas.com, or email contactus@p-jamas.com.

Continue reading "Safety Recall Of P.Jamas Children's Sleepwear ~" »

The National Transportation Safety Board (NTSB) recently recommended improved safety features on trucks and buses in the wake of last month's bus crash in New York City that left fifteen people dead.

In testimony before a subcommittee of the U.S. Senate Committee on Energy & Commerce, NTSB Chairwoman Deborah Hersman described the events of the March 12th crash in the Bronx. She told the panel that the bus, which was traveling at nearly 78 mph at the time of the crash, veered off the roadway and struck a roadside barrier. The roof of the bus was severed in the crash.

Based on this and previous crash investigations, NTSB recommended safety measures such as improved roof strengths, redesigned emergency exits, and new standards for passenger seating. The NTSB is also recommending government oversight of tour buses to ensure vehicle safety.

The NTSB will be holding a public forum on May 10th & 11th to discuss improved truck and bus safety.

San Diego Bus Passenger Safety

If you or someone you know were injured or killed on a passenger bus, school bus, or shuttle bus, you may be entitled to compensation for your injuries and damages. Because buses are "common carriers," their legal responsibility for their passengers is higher than the negligence duty owed by the bus company to drivers of other vehicles and pedestrians. Bus companies have a special duty to ensure the safety of their passengers.

Choosing A San Diego Bus Accident Lawyer

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 bus accident 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.

Continue reading "NTSB Urges Improved Safety Features On Tour Buses In Aftermath Of Deadly N.Y. City Crash ~" »

10news.com reports that a competitive bicyclist on a late-night training ride was struck and killed on North Coast Highway 101 in Encinitas early Sunday morning by a newer model Ford F-150 pick-up truck. The hit-and-run driver has not yet been identified.

The San Diego Union reports that James Steven Swarzman, 47, of Encino, was riding with two other cyclists about 1:00 a.m. when he was hit from behind near North Coast Highway 101 and Jason Street. He was airlifted to Scripps Memorial Hospital in La Jolla, but unfortunately was pronounced dead three hours later.

Authorities have reported that it's the second hit-and-run crash involving a bicyclist in northern coastal San Diego in recent months. According to one witness, the truck's driver never slowed down.

The newer model Ford F-150 pickup is either blue or dark colored with obvious front end damage, probably to the headlights. San Diego County Sheriff's investigators are looking into the possibility that the driver intentionally struck the bicyclist.

It is reported that a similar incident occurred in January to another cyclist. Heath Bernstein
was riding his bicycle on Highway 101 in Carlsbad when a dark-colored pickup truck ran him down. He told a 10news reporter, "the truck that hit me came across one empty lane of traffic, across the bike lane taking me out, and then back to the traffic lane. To me that was 100 percent intentional."

Authorities are investigating whether or not the two incidents are related.

Law Regarding the April 10th Hit-and-Run Incident

California Vehicle Code 20001 (Felony Hit and Run Involving Death or Injury) 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...

(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...

(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...

If you have any information pertaining to this incident, you are urged to contact the Encinitas Sheriff's Department.

Continue reading "Encino Bicyclist Fatally Injured In Encinitas ~" »

10news.com reported that a 31-year-old woman was hospitalized with serious injuries on Friday, April 8th, due to a rear-end crash on East Vista Way in Vista which also injured her 4- and 5-year-old daughters. At approximately 4:30 p.m., the woman was unable to stop her vehicle in time, and rear-ended a pick-up truck on southbound East Vista Way at Barsby Street.

Moments earlier, two other vehicles ahead of the crash scene had stopped due to a non-injury collision.

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Vista Sheriffs deputies conducted an investigation and emergency personnel transported the woman to Tri-City Medical Center. She was later transferred by air ambulance to Sharp Memorial Hospital for a possible fractured leg and knee injury.

The 4- and 5-year-old girls were also initially taken to Tri-City Medical Center. The 4-year-old was then flown to Children's Hospital with a head fracture, according to one of the sheriff's deputies. The 5-year-old remained at Tri-City Medical Center for observation and treatment of her injury.

It is unclear whether or not the pick-up truck driver was injured.

Investigation Of The April 8th Auto vs. Pick-Up Truck Crash

Vista Sheriff officers are conducting an investigation into the cause of this crash. If the woman driver is found to be negligent for causing this accident, then she will be held liable for the damages she caused to both of her daughters, as well as to the pick-up truck driver.
A passenger in a vehicle involved in an accident who has sustained an injury may be entitled to receive compensation for his/her injuries.

A passenger may have a claim against both the driver of the vehicle in which he/she was riding, as well as the drivers of any other vehicles (or any other negligent party) involved in the collision. A passenger is generally not considered to be at fault or partially at fault for causing an accident unless he/she did something to cause an accident such as distract the driver. An experienced auto accident attorney can help determine who is responsible.

Damages In Motor Vehicle Claims

When someone suffers a personal injury, he/she will likely require medical attention and may need rehabilitation, all of which costs substantial sums of money. The types of damage that an injured person can recover are:

Cost of medical expenses/treatment

Pain and suffering

Mental anguish/emotional distress

Loss of consortium

Lost opportunity

Loss of income

Property damage

The Imperial Valley Press reports that a Mexicali man was seriously injured in an auto versus motorcycle crash at the intersection of Carr Road and SR-7 this past Thursday at approximately 6:00 p.m. Jesus Zepeda was riding eastbound on his 2008 Italika motorcycle on Carr Road when Vanessa Mascareno, driving a Toyota, turned into Mr. Zepeda's path as she attempted to access the State Route 7 northbound on-ramp.

Mr. Zepeda was thrown from his motorcycle and later airlifted to Yuma Regional Medical Center with severe injuries.

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Investigation Of The April 7th Auto Versus Motorcycle Crash

California Highway Patrol officers are conducting an investigation into the cause of this crash. If Ms. Mascareno is found to be negligent for causing this accident, then she will be held liable for the damages she caused to Mr. Zepeda.

Damages In Motor Vehicle Claims

When someone suffers a personal injury, he/she will likely require medical attention and may need rehabilitation, all of which costs substantial sums of money. One may lose income (and/or have to use up "sick time") because of the injury, and may continue to lose income while treatment and recovery takes place. One may have sustained property damage to one's motorcycle or vehicle. While the vehicle is being repaired, a rental car may be necessary, and vehicle repairs and rentals cost money.

An injured victim may also lose the ability to perform various activities of normal daily living, for awhile or permanently, and may also endure significant pain and suffering, which may be ongoing as well.

The law permits one to seek recovery after an accident to "make you whole again." The central concept is that a victim should be compensated in a manner that returns one to the same position as before the accident. In most personal injury actions, the plaintiff must have been injured in some way to be entitled to damages. For example, in negligence cases, we must prove that the victim suffered injury (some type of physical, emotional, or monetary harm) for the defendant to be required to pay compensation. However, with some intentional torts (such as battery, assault, or trespass), we may only have to show that the defendant engaged in unauthorized conduct, without proving that the victim suffered actual physical harm, in order to recover damages (though damages in these situations are often nominal absent serious injury).

Three basic kinds of damages are awarded in personal injury cases: compensatory damages, punitive damages, and nominal damages.

Choosing An El Centro Motorcycle Accident Attorney

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. 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 Imperial County 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.

Continue reading "Mexicali Auto vs. Motorcycle Crash On April 7th ~" »

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 on or near 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 or not the dog had ever been vicious before and regardless of whether or not the owner had reason to believe the dog would behave in a vicious manner ~ the dog does not get "one bite free."

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

In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make him/her "whole"; however, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is the possibility that the party can also recover what are known as "punitive" damages. These damages are designed not for the purpose of making the injured party "whole," but rather to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal which could cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical dog bite case.

Click here to review dog bite safety tips that we previously blogged about.

Continue reading "Injured In A San Diego Dog Bite Attack?" »

10news.com reports that the California Highway Patrol is seeking tips/witnesses with information pertaining to the shooter who opened fire on State Route 163 near Balboa Avenue, wounding a female college student on her way to USD and damaging a second vehicle.

Although CHP investigators have not yet identified the suspect involved in Tuesday morning's shootings, they have narrowed down the time of the gunfire to approximately 7:15 a.m.

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The CHP reports that one of the bullets passed through the passenger door of 21-year old student Ashley Simmons' southbound Toyota Matrix, striking her in the rib cage area. Simmons, who was able to keep driving and apparently didn't immediately realize she'd been shot, underwent emergency surgery at a local hospital and is expected to recover.

The CHP further reports that on Wednesday morning, a 42-year-old Rancho Bernardo man contacted the highway patrol and reported that his car had apparently been struck by a bullet while on the same stretch of freeway at about the time Ms. Simmons was injured. The CHP confirmed that the uninjured man was also the victim of a shooting.

They believe the same assailant opened fire on both victims.

The CHP is requesting anyone who saw anything suspicious on the right shoulder of SR-163 between Clairemont Mesa Boulevard and Balboa Avenue on April 5th should call
(619) 220-5492.

Continue reading "Witnesses Sought For San Diego SR-163 Shootings ~" »

The Imperial Valley Press reports that a 65-year-old Anaheim resident died at the scene of a crash Sunday at approximately 6:15 p.m. at the Off-Highway Vehicle Recreation Area after plunging 150 feet from a sand dune.

California Highway Patrol Officer Temo Beltran said the man suffered blunt force trauma to his head and abdomen after he was ejected from a 2008 Yamaha Raptor 700 when it landed on its front wheels.

The man was riding his off-road vehicle at about 35 mph in a southeasterly direction when he was cresting a so-called razor-back dune and failed to turn from it.

Cause Of The April 3rd Glamis Four-Wheeler Incident

The hazards of off-road recreational vehicles are very apparent, and unfortunately, numerous people are injured or killed while using them. Law enforcement personnel will conduct an investigation into the cause of this incident to determine whether a third party may be held liable. Additionally, the four-wheeler may have been a defective product, such that liability may be found against the manufacturer and distributor of the four-wheeler.

There are certain legal doctrines which might bar persons engaged in various recreational activities. However, there are exceptions to the rules which might provide the opportunity for someone injured by the negligence of another to recover monetary compensation.

California recognizes "assumption of risk" as an affirmative defense in personal injury cases. A defendant can reduce or eliminate liability by proving that the injured party was aware of the potential for injury and proceeded anyway, thereby "assuming the risk."

Specifically, in a case where a defective product may have caused the injury in question, a defendant manufacturer and/or distributor might assert one of the following under the "assumption of risk" defense:

The user signed a written consent form (e.g., to participate in an athletic event);

The user was aware of the risk and chose to disregard it (e.g., read a posted warning);

The user's maintenance of the product was inadequate; or

The user did not follow directions.

Not all states recognize the "assumption of risk" defense, and the ones that do may refuse to recognize it as a complete bar to recovery. Under this circumstance, the doctrines of "comparative negligence" and "contributory negligence" might be available as affirmative defenses.

Continue reading "Anaheim Man Fatally Injured In Glamis Off-Road Incident ~" »

The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with Infantino LLC of San Diego, today announced a voluntary recall of Troy the Activity Truck.

Approximately 40,500 trucks were distributed in the United States, and 1,900 trucks were distributed in Canada.

Hazard: The plastic beads on the activity truck's bead runs can detach ~ posing a choking hazard to young children.

Incidents/Injuries: Infantino has received 28 reports of the plastic beads
detaching from the bead runs on the activity trucks, including two reports of
young children gagging on the plastic beads.

Description: This safety recall involves "Troy the Activity Truck," which is blue, red, and yellow with plastic star, circle, and heart beads attached to the bead runs
on the back of the truck. The truck contains a face on the front. "Infantino" is printed on
the front of the toy truck. Model number 153-210, 206-110, or 506-110C is printed
underneath the truck. When the switch on the truck is turned on, the truck plays music and the back wheels spin.

Sellers: Babies R Us, Toys R Us, Meijer, TJ Maxx, Marshalls and other toy stores nationwide from September 2009 through February 2011 for about $15.

Remedy: Consumers should immediately take the recalled toy away from children
and contact Infantino to receive a free replacement toy.

For additional information, contact Infantino toll-free at (888) 808-3111 between 8 a.m. and 4 p.m. PT Monday through Friday, or visit the firm's website at http://service.infantino.com.

Continue reading "Safety Recall ~ Infantino's Troy The Activity Truck" »

Do you have appropriate automobile insurance available to cover you in the event of an automobile accident?

Automobile insurance laws in California require the owner of a vehicle to have a certain amount of liability insurance on one's vehicle (California Vehicle Code § 16020). Liability insurance provides compensation to another person in the event that you cause an accident and are found to be liable to that person for damages. The minimum amount of coverage required by law in California is $15,000.00 (California Vehicle Code § 16056), but you can purchase higher amounts of liability insurance in order to protect your personal assets against the risk of higher damages being awarded against you in the event you cause another person serious injuries.

When Kerckhoff Law, APC represents a person who is injured in an automobile accident, one of the first things we do is investigate all possible insurance coverage that is applicable. There are two categories of auto insurance -- first party coverage and third party coverage. First party coverage covers you and your property (such as medical expenses, damage to your vehicle, and the insurance company's duty to defend you in the event that you are sued as the result of your operation of a vehicle, etc.). Third party coverage is for your responsibility to pay for injury caused to other people (and vice versa), whether in your vehicle, or another vehicle involved in the accident. The coverage (and its exclusions) is set forth in your insurance policy. In exchange for the payment of a premium, the insurance company promises to provide compensation in the event of certain occurrences. Though a full recitation of insurance coverage and laws would occupy several large text volumes, the following is brief synopsis of the most typical coverage and issues. Among the various types of insurance coverage which may apply are the following:

California Vehicle Liability Insurance

As previously stated, liability insurance is required by law (California Vehicle Code § 16020). The liability portion of an insurance policy is used specifically for defending and settling any claims, or paying any judgments rendered against the insured in an automobile negligence claim. If you are injured by the negligence of a defendant, we will make a claim under the bodily injury liability coverage of the negligent defendant's insurance policy. Liability coverage is not health insurance, and it is not designed to pay for your medical bills as they are incurred. Instead, it is designed to be a one-time settlement or payment for all of your damages. Liability insurance minimums required by law in California (California Vehicle Code § 16056) are:

Fifteen thousand dollars ($15,000) for bodily injury or death of one person in any one accident.

Thirty thousand dollars ($30,000) for bodily injury or death of two or more persons in one accident, not exceeding the per-person limits above.

Five thousand dollars ($5,000) for injury to or harm to property of others in one accident.

Continue reading "Do You Have Appropriate Automobile Insurance Coverage?" »

This morning at approximately 6:45 a.m., authorities reportedly issued a Sig Alert for northbound Interstate 5 just south of H Street in Chula Vista. Apparently five automobiles were involved in a crash which left at least ten people injured. Six people were transported to a local hospital with injuries, two with major trauma.

California Highway Patrol officers are continuing their investigation into the cause of this multi-vehicle crash.

Auto Accident Liability

If you have been injured in an auto accident, you may be considering whether or not you should hire a San Diego auto accident attorney to handle your claim. At Kerckhoff Law, APC, we use our experience in handling accident cases to investigate every possible contributing cause of an accident to ensure that you will receive full compensation for your injuries. Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience. Our office will take over the investigation of your case so that you can concentrate on recovering from your injuries. We can assist you in finding an appropriate medical specialist to treat you, and we can make arrangements with your medical care providers to wait for payment until your case is resolved through settlement or trial.

To make sure you receive the compensation you deserve, you need an experienced San Diego auto accident attorney working for you. 



Continue reading "San Diego I-5 Crash Leaves 10 People Injured ~" »

10news.com reports that a 20-year old active duty US Navy sailor was killed March 31st in a collision with a vehicle at a Point Loma area intersection. Blake Andrew Martin was motorcycling northbound on Rosecrans Street when a 64-year old woman in a southbound Cadillac CTS made a left turn into his path. The San Diego Police Department reported that the incident occurred at the intersection of Canon Street shortly before 2 p.m.

Mr. Martin's Suzuki motorcycle crashed into the side of the Cadillac and he was ejected. Unfortunately, the young man died at the scene, despite resuscitative efforts by emergency personnel.

Intersection Right-Of-Way & The March 31st Motorcycle Crash

Police investigators closed Rosecrans Street between Upshur Street and Shelter Island Drive to investigate the cause of the crash. Based upon news reports, it is unclear as to occurred. Witness reports indicate that Mr. Martin sped up to clear the intersection as his light turned yellow.

Accordingly, the Cadillac driver should have yielded to the right-of-way of the motorcyclist. California Vehicle Code Section 21801(a) states, in relevant part: "The driver of a vehicle intending to turn to the left or to complete a u-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or u-turn can be made with reasonable safety."

Wrongful Death Liability In Motorcycle Accidents

Crashes at street intersections occur because someone either failed to yield the right-of-way (as in this incident) 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.

If police determine that the driver of the Cadillac was at least partially responsible for this fatal motorcycle accident, the family of the victim may pursue a wrongful death claim against the driver, and any other responsible parties.

It is possible that an unsafe intersection design or dangerous road condition may also have played a role in this crash, in which case the city or other agency responsible for the street intersection could be held liable.

While this incident remains under investigation, 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 Cadillac is found responsible for this incident, the driver may be held liable for causing 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.

Continue reading "20-Year Old Motorcyclist Fatally Injured In Point Loma ~" »