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.

Continue reading "Have You Been In An El Centro Accident?" »

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 ~" »

Drivers face many hazards on the road, and automobile accidents are an accepted part of our daily lives in the United States. According to the most recent data released by the National Highway Traffic Safety Administration (NHTSA), a person is killed every 16 minutes in an auto accident in the United States. There were nearly 5.5 million traffic crashes in 2009 - the most recent year for which comprehensive crash statistics are available - in which more than 2.2 million people were injured and nearly 35,000 were killed. Almost one-third of traffic fatalities occurred in alcohol-impaired motor vehicle accidents. Other factors, such as speeding, distracted driving, and aggressive driving, also caused a significant number of injuries and fatalities in auto accidents in 2009. Whether an accident occurs due to speeding, alcohol, or even text messaging, car crashes continue to pose a significant risk of injury and death to drivers, passengers, cyclists and pedestrians in this country.

A large percentage of injuries and fatalities in motor vehicle crashes each year involve pedal cyclists and pedestrians, who face the greatest risk of injury and death in an auto accident. Approximately 4,000 pedestrians died from traffic-related injuries, and another 60,000 suffered non-fatal injuries in traffic accidents in 2009. Moreover, an additional 600 cyclists were killed and 50,000 were injured. Sadly, a significant percentage of these injuries and fatalities involved young children, although the number of child fatalities in traffic crashes decreased from 2008 to 2009. It is not only the injured who suffer after a traffic crash; auto accidents also cause immeasurable emotional and financial losses to those whose loved ones are hurt or killed as a result of someone else's negligence.

Automobile Accident Injury Claims

People who are injured or whose family members are killed in auto accidents may have a claim for negligence against the driver or other persons responsible for causing the crash. A negligent driver may be required to pay any damages to the person and his/her property directly resulting from their negligence. A claimant may also be able to recover past or future earnings lost as a result of the injury or death. In some cases, the accident is caused by factors unrelated to the conduct of any particular driver. For example, a driver´s brakes may be defective, causing the car to accelerate out-of-control and veer into oncoming traffic. In such an instance, the law of products liability would govern the outcome of the case. Products liability law holds automobile manufacturers responsible for any injuries that result from a defect in the automobile or one of its component parts. In such cases, Kerckhoff Law, APC would file a products liability lawsuit against the manufacturer of the automobile for the defective design, manufacture, or labeling of the product. Where a defect is shown, the maker may be liable for any injuries caused by the defect.

In all automobile accident cases, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call Kerckhoff Law, APC now at (866) 606-3059.

Continue reading "Automobile Accidents In San Diego County ~" »

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

After a bicycle 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 bicycle 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.

Continue reading "Injured In A San Diego Bicycle Accident?" »

Automobile accidents in the Imperial Valley and surrounding regions occur often, causing serious injuries and death to pedestrians, drivers, and cyclists. Incidents that occur on El Centro 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 auto accidents in personal injury claims, including incidents occurring in Imperial, Brawley, Calipatria, Holtville, 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 automobile crash, dog bite, or wrongful death incident.

Continue reading "Looking For An El Centro Attorney?" »

Have you or a loved 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.

Continue reading "Injured In A Del Mar Accident?" »

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 ~" »

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 ~" »

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 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 ~" »

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.

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:

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?" »

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

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

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

Hit-And-Run Liability

California Vehicle Code Section 20001 states, in relevant part:

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

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

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

* * *

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

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

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 ~" »