San Diego Personal Injury Lawyers Blog

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 ~" »

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?" »

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

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

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

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

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

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

Continue reading "Preventing Spinal Cord Injuries ~" »

Have you or a loved one suffered a personal injury due to the negligence of someone else?
If so, you should consult with an experienced personal injury attorney to find out what your legal rights are and what your next steps are.

Choosing A Solana Beach Personal Injury Lawyer

After an automobile accident, dog bite attack, slip/trip-and-fall incident, bicycle injury, motorcycle injury, or any other event involving serious injury or the wrongful death of a loved one, it is very important to work with a law firm that specializes in personal injury.

The types of skills required to successfully handle a serious accident or wrongful death case are very specific. Don't be fooled by choosing a lawyer who dabbles in these types of cases, rather than one who handles them exclusively, as we do. Making a bad choice in getting the wrong attorney can be one of the most regrettable decisions you can make, and may significantly reduce the outcome you might otherwise be able to achieve.

Jason Kerckhoff is an experienced Solana Beach accident lawyer with over 28 years of experience providing legal representation to serious accident victims in southern California, including Encinitas, Carlsbad, Cardiff-By-The-Sea, Solana Beach, and Del Mar.

Have you or a love one been injured by someone else's negligence in a Del Mar accident? If so, you should consult with an experienced, aggressive attorney to find out what your legal rights are and what your next steps are.

Choosing A Del Mar Personal Injury Lawyer

After an automobile crash, dog bite attack, slip/trip-and-fall incident, bicycle injury, motorcycle injury, or any other event involving serious injury or the wrongful death of a loved one, it is very important to work with a law firm that specializes in personal injury.

The types of skills required to successfully handle a serious accident or wrongful death case are very specific. Don't be fooled by choosing a lawyer who dabbles in these types of cases, rather than one who handles them exclusively, as we do. Making a bad choice in getting the wrong attorney can be one of the most regrettable decisions you can make, and may significantly reduce the outcome you might otherwise be able to achieve.

Jason Kerckhoff is an experienced Del Mar accident lawyer with over 28 years of experience providing legal representation to accident victims in southern California, including Del Mar, Solana Beach, Carmel Valley, Torrey Pines, and La Jolla.

Have you or a loved one suffered a personal injury due to the negligence of someone else?
If so, you should consult with an experienced, aggressive attorney to find out what your legal rights are and what your next steps are.

Choosing An Encinitas Personal Injury Lawyer

After an automobile accident, dog bite attack, slip/trip-and-fall incident, bicycle injury, motorcycle injury, or any other event involving serious injury or the wrongful death of a loved one, it is very important to work with a law firm that specializes in personal injury.

The types of skills required to successfully handle a serious accident or wrongful death case are very specific. Don't be fooled by choosing a lawyer who dabbles in these types of cases, rather than one who handles them exclusively, as we do. Making a bad choice in getting the wrong attorney can be one of the most regrettable decisions you can make, and may significantly reduce the outcome you might otherwise be able to achieve.

Jason Kerckhoff is an experienced Encinitas accident lawyer with over 28 years of experience providing legal representation to serious accident victims in southern California, including Encinitas, Carlsbad, Cardiff-By-The-Sea, Solana Beach, and Del Mar.

Eight people died Saturday night at the California 200 off-road race, when an out-of-control truck plowed into a crowd of spectators. Four of the decedents resided in San Diego County. Among those killed were Anthony Sanchez, 23, of Escondido; Brian Wolfin, 27, of Escondido; Aaron Farkas, 25, of Escondido; and Michael James Dickinson, 34 of Spring Valley.

The deaths occurred after a modified Ford Ranger driven by another San Diego County man, Brett M. Sloppy, 28, of San Marcos, drove into the crowd shortly after the start of the California 200 race.

The Bureau of Land Management is looking into the deadly crash, as well as conducting a safety review of other off-road vehicle events in California's deserts. Spectators at the August 14th race were shown on video to be standing as close as five feet from the race course, with no barriers to protect them. The race's sanctioning body, Mojave Desert Racing, urges spectators to stay back 100 feet from the 50-mile course.

Accident Liability Questions

Who is to blame for the injuries and deaths that occurred at the California 200 race? Was the federal government negligent in allowing this event to take place without proper safety measures in place? Did the decedents and injured spectators put themselves in danger by being too close to the race track? Did the race promoters follow proper procedures to protect the large crowd of spectators?

Liability For Injuries & Deaths

The victims and their loved ones would be wise to contact a California personal injury lawyer as soon as possible. There are unique liability issues to be addressed, and the victims and their families only have a limited amount of time to pursue claims for their injuries or a loved one's wrongful death. In order to learn more about your legal rights as an injured bystander, or if you are a family member of someone who was killed in this crash, contact an experienced personal injury lawyer as soon as possible to discuss your potential case and rights to compensation from whoever is responsible for the accident.

Continue reading "8 Deaths At California 200 Mojave Desert Race ~" »

Have you or a love one been injured by someone else's negligence in an El Centro accident? If so, you should consult with an experienced, aggressive attorney to find out what your legal rights are and what your next steps are.

Choosing An El Centro Serious Injury Lawyer

After an automobile crash, dog bite attack, slip/trip-and-fall incident, bicycle injury, motorcycle injury, or any other event involving serious injury or the wrongful death of a loved one, it is very important to work with a law firm that specializes in personal injury.

The types of skills required to successfully handle a serious accident or wrongful death case are very specific. Don't be fooled by choosing a lawyer who dabbles in these types of cases, rather than one who handles them exclusively, as we do. Making a bad choice in getting the wrong attorney can be one of the most regrettable decisions you can make, and may significantly reduce the outcome you might otherwise be able to achieve.

Jason Kerckhoff is an experienced El Centro accident lawyer & Imperial Valley personal injury lawyer who has over 28 years of experience providing legal representation to serious accident victims in southern California, including San Diego, Riverside, San Bernardino, Orange, and Imperial Counties.

The Chairman of the CPSC, Inez Tenenbaum, stated: "Far too many people are losing their lives and sustaining life-threatening injuries, which in many cases are preventable. CPSC is working diligently to ensure that the ATVs on the market meet mandatory standards and to promote safe riding practices."

In April 2009, it became mandatory for ATV distributors and manufacturers to offer free hands-on training through their dealers to first-time purchasers, as well as to age appropriate members of their immediate families, within a reasonable time from purchase.

History Of The ATV>

Back in 1970, a California engineer uncrated the first all-terrain vehicle (ATV) which had been imported to the U.S. from Japan. As an employee for Honda Motor Corporation, his job was to evaluate the product for his employer, who hoped that its new product would take the U.S. by storm and result in a buying frenzy.

The engineer took the machine out for a ride and promptly flipped it over, the first in a long line of now predictable accidents. Alarmed, he warned his employer that the ATV was unsafe. Honda didn't listen to him. Instead, it spent millions of dollars marketing the ATV to American families as wholesome family fun. The result: many decades of heartbreaking carnage for which the ATV manufacturers blame the rider, even when the rider is a child.

ATV-Related Injuries & Deaths Are Prevalent To Kids 16 & Under

According to the ATV manufacturers, more than 10,000 deaths and millions of serious injuries later, those are not the result of driving their inherently dangerous ATVs. It's never the machine, it's always due to rider error. This is their motto and only alibi. The fact that children under the age of sixteen bear the brunt of this carnage doesn't give the industry much cause for alarm. In fact, they downplay the grim statistics.

Continue reading "San Diego County ATV Injuries & Deaths ~" »