San Diego Personal Injury Lawyers Blog

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 September 21, 2010.

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 "Text Messaging May Be Worse Than Drunk Driving ~" »

Drunk driving is one of the leading causes of auto accidents in the United States. That is why all fifty states and the District of Columbia have enacted strict drunk driving laws to deter impaired driving and punish offenders. Generally, the offense of drunk driving is defined as the operation, control, or manipulation of a vehicle, in a place accessible to the public, while under the influence of an intoxicating substance, such as alcohol or drugs. A blood alcohol concentration (BAC) level at or above .08% constitutes "per se" drunk driving in all fifty states, regardless of whether the driver's control over the vehicle is actually diminished by the presence of intoxicants in his or her blood.

Each year, nearly one-third of all crashes are classified as alcohol-impaired crashes. According to statistics published by the National Highway Traffic Safety Administration (NHTSA), almost 11,000 people were killed in alcohol-impaired crashes in 2009 - the most recent year for which comprehensive data is available. That means that someone dies every 48 minutes in the United States as a result of impaired driving. Family members of people killed in drunk driving accidents deserve compensation for the financial and emotional losses they suffer after losing a loved one.

On average, 1.5 million drivers are arrested for driving under the influence of alcohol or narcotics every year. In addition to the severe criminal penalties these drivers face, they may also be held civilly liable for any injuries caused by their reckless behavior. In some states, the individuals or businesses who served alcoholic beverages to the drunk driver may also be held legally responsible for any resulting injuries, particularly if alcohol was sold to an underage person or to a person who was obviously intoxicated at the time of sale.

Insurance companies use their vast experience and resources to obtain the lowest possible settlement in all impaired driving accident cases. That is why it is crucial to hire an attorney with experience in drunk driving accident cases in order to ensure that your rights are protected and that you receive a fair settlement for your injuries. If you have recently been injured or someone you love has been injured or killed in an accident caused by a drunk driver, you may have the legal right to obtain compensation. Drunk driving-related personal injury cases are usually quite complex. Our highly-qualified legal team at stands ready to help. Call us now at (866) 606-3059 for a free consultation regarding your case.

Continue reading "Drunk Driving In San Diego" »

The following is a re-print of 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 sites, and personal websites. Facebook has been used in many court cases - lawyers want to retrieve all types of personal information such as 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 necessary 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 from 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 "Using Facebook During A Personal Injury Case ~ " »

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.

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Despite the fact that tens of thousands of car accidents occur every day in this country, many people do not know what to do if they are involved in an accident. Knowing what steps to take to ensure that your injuries are properly diagnosed and treated and that evidence is preserved at the scene of the accident can significantly improve your chances of receiving a fair settlement in your case. The following are some helpful tips on what you should do if you are involved in a traffic accident:

Check for injuries: The first thing you should do after an accident is to check for injuries - to yourself, passengers in your vehicle, and occupants of other vehicles involved in the crash. You should call 911 immediately to summon an ambulance, if necessary. Seeking immediate diagnosis and treatment by medical professionals of any injuries sustained in an accident greatly increases your chances of receiving just compensation for your injuries. Keep in mind that some injuries are not always apparent to the casual observer and their symptoms can be significantly delayed. Whether you call an ambulance at the scene of the crash or contact your family physician promptly afterwards, you should never hesitate to get checked out by medical professionals - even if you feel "okay" after the accident.

Call the police: It is important to call the police even if the accident is minor. A police investigation will provide proof of the accident and ensure that evidence is collected and preserved. In addition, the police will typically document witnesses' statements and examine other drivers involved in the accident to check for drug or alcohol use. The police can also be valuable witnesses to your injury at the scene, and they can assist in securing an admission of fault from the negligent driver.

Record the names of everyone involved: You should make sure you write down the names, mailing addresses, and license numbers of each and every person involved in the accident, along with descriptions and license plate numbers of the other vehicles.

Record the names of witnesses: You should be sure to collect the names, addresses, and phone numbers of any witnesses to the accident, and make a note of what they say happened. This can help to resolve any disagreements that arise in regards to how the accident unfolded.

Take pictures at the scene: You should take your own pictures, if possible, of any vehicle damage, injuries, tire marks, etc. at the scene of the accident. Even taking photos with your cell phone camera can help accident reconstruction experts determine who is at fault in your case.

Contact an attorney: You will improve your chances of recovery if you contact an attorney who is experienced in handling personal injury matters. At Kerckhoff Law, APC, we will promptly arrange for an attorney to consult with you free of charge so as to enable us to immediately take action on your behalf, while all of the evidence is still "fresh." If necessary and feasible, we will have an investigator conduct a thorough analysis of the accident scene so that no evidence goes undetected.

An experienced auto accident attorney can advise you and answer your questions regarding the best way to proceed in your case. If you or a loved one has been injured in an accident, contact Kerckhoff Law, APC at (866) 606-3059 today for a free initial consultation of your case. We handle injury cases on a contingency fee basis, which means we won't charge an attorney's fee unless we recover money in your case.

Continue reading "What To Do After An Auto Accident In San Diego ~" »