San Diego Personal Injury Lawyers Blog

Have you or a loved one been injured while traveling on a bus in San Diego?

San Diego Bus Passenger Safety

If you or a loved one have been injured 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 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 all of their passengers.

Choosing A San Diego Bus Accident Lawyer

Unfortunately, people are sometimes negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries to others. 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 "Bus Accidents In San Diego ~" »

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 an automobile 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 Automobile Accident 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 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 "Have You Been Injured In A San Diego Automobile 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 seriously injured or killed in an automobile 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 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 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.

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.

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.

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 ~" »

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?" »

KTLA 5 News reports that at 3:22 p.m. this afternoon in the east Los Angeles community of Boyle Heights, a traffic crash involving a school bus and a BMW caused the death of an innocent pedestrian and injured many students and the bus driver.

The crash occurred at the intersection of East 1st Street and Soto Avenue in Boyle Heights.

According to officials at the scene, the children are high school students from Roosevelt High School, which is a little less than one block from the crash site. Fortunately, the injuries to the children are listed as minor.

L.A. City fire officials reported that 19 individuals were transported to two area hospitals (White Memorial Medical Center & Good Samaritan Hospital). Many of the students were injured but none seriously. The bus driver was transported to a hospital in critical condition ~ which was later upgraded to "serious."Cause Of The L.A. Bus Crash

CHP Officer Miguel Luevano reported that a black BMW traveling at a high rate of speed eastbound on East 1st Street blew through a red light, struck an innocent pedestrian, and then hit the subject school bus. The force of the impact caused the bus to spin and land on its side. The BMW was smashed all the way into its passenger compartment.

LAPD Chief Charles Beck reports that the BMW's driver and passenger ran from the crash scene, but were captured a few blocks away by a construction worker, who turned them over to the LAPD. The BMW driver is being investigated for driving under the influence (of drugs or alcohol).

Drunk Driving Liability Issues

Based on the limited information provided, the BMW driver who caused the crash is being investigated for being under the influence of alcohol or drugs. California Vehicle Code Section 23152(a) (Driving Under Influence Of Alcohol Or Drugs) states: "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."

Pedestrian Wrongful Death Liability

While the fatal Los Angeles crash remains under investigation, the family members of the victim are advised to consult with a knowledgeable wrongful death attorney. A lawyer who has represented numerous victims can help the family through this difficult time.

The facts indicate that negligence played a role in the crash, therefore, a lawyer can help the victim's family hold the tortfeasor financially accountable for their loss in a wrongful death claim.

The damages that are available to the victims of a wrongful death may include compensation for funeral and burial expenses, anticipated future life-time earnings of the decedent, and loss of love, care, and companionship.

Source: KTLA News

Continue reading "Deadly L.A. Bus Crash Kills One & Leaves Many Injured ~ " »

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 ~" »

Yesterday, the U.S. Transportation Department reported that the number of people killed in automobile crashes relating to driver distraction declined last year, but the problem remains an epidemic for motorists in the United States.

The Transportation Department said 5,474 people were killed in 2009 in crashes which involved distracted driving ~ a 6% decline from the 5,838 people killed in 2008. Distraction-related deaths accounted for 16% of all traffic fatalities in 2009, the same percentage as in 2008. The latest data came as the overall number of highway deaths dropped in 2009 to its lowest level since 1950.

Transportation Secretary Ray LaHood said the problem of drivers failing to keep their eyes on the road ~ often due to operating cell phones, mobile devices, or other forms of distraction ~ remains an epidemic. He also said that the data could be the "tip of the iceberg," because many police reports don't document whether distraction was a factor in vehicle crashes, making it difficult to know the full scope of the problem. Today, Mr. LaHood is kicking off a second national summit on distracted driving. He has pushed all states to adopt tougher laws against texting while driving & other forms of distractions.

Sixteen percent of drivers under the age of 20 involved in fatal crashes were reported to have been distracted while driving. Young drivers were the highest proportion of distracted drivers involved in fatal crashes compared to people of other ages.

The Obama administration has prohibited federal employees from texting while driving on government business, and also has banned commercial bus and truck drivers from texting behind the wheel.

Thirty states & the District of Columbia prohibit drivers from texting behind the wheel. Eight states have passed laws barring drivers from using hand-held cell phones. Legislation is pending in Congress to force all states to ban texting while driving.

Continue reading "Deaths From Distracted Driving Down In 2009 ~" »