San Diego Personal Injury Lawyers Blog

Have you ever left your children under the supervision of another person? With someone at your child's school, at your church, or at another event? If so, you may have felt uneasy about that decision. Sometimes we as parents or guardians feel unsure about a decision that involves leaving our children somewhere else, and this may be because we know that our children are ill-equipped to keep themselves safe wherever they go.

Children deserve care and attention, no matter where they are or what they are doing. Parents or guardians of children who have been involved in an accident due to unsafe conditions should contact a lawyer who is familiar with injury accidents involving children.

Many parents are not aware of how to speak with their children about certain issues. Children understand subjects that they can immediately associate with. Parents should avoid using only words such as "good" and "bad" to explain something. Instead, parents should indicate why something is good or bad by explaining the consequences that certain actions have, how those actions relate to their child, and by being concrete regarding how he or she should handle themselves when faced with an unsafe situation.

Tips To Discuss With Your Children:

Wash your face and hands: You don't want to catch an illness or disease that another child has and you don't want to spread whatever you have to another child.

Don't talk to strangers: If an adult you don't know approaches you asking questions, tell him you first have to ask your mom (or your teacher or whichever adult is nearby), and then leave to go find that person.

Continue reading "San Diego Child Safety ~" »

Did you 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)?

The owner of the dog is liable regardless of whether or not the dog has been vicious before and regardless of whether or not its owner had reason to believe the dog would behave in a vicious manner. The dog is not allowed to have "one bite free."

If you or a loved one has been injured by a dog, it is essential to take prompt measures to preserve evidence, investigate the incident in question, and enable physicians or other expert witnesses to thoroughly evaluate all of the victim's 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 for more information about dog bite safety.

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

According to KSWT News and News 13, the California Highway Patrol reported that two people died and four others were injured in an auto vs. auto crash on January 21, 2012 in Brawley, California. The CHP said that at approximately 1:00 p.m., a male driver in a gray Acura traveling westbound on Fredericks Road failed to yield the right-of-way to a Honda Accord containing five occupants traveling southbound on SR-86.

Anthony Aubry was booked into Imperial County Jail and is facing felony charges of gross vehicular manslaughter while intoxicated and drunk driving.

During the crash, the Honda overturned and rolled. An 18-year old male passenger from Riverside lost his life at the scene due to his injuries. The other passenger, the decedent's 9-year-old niece, was air lifted to Pioneers Memorial Hospital where she later unfortunately passed away.

The driver of the Honda and two remaining passengers were transported to nearby medical facilities for their injuries, which included a fractured neck, skull, and back.

Drunk Driving Liability Issues

Driving while drunk is a deadly problem in California. California DUI arrests trigger two separate cases: in court, and at the Department of Motor Vehicles (DMV). The criminal case filed against California DUI defendants consists of two different statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b). The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or "DUI" in California courts.

The second count, known as the "per se" charge, concentrates on whether the driver's blood alcohol content (BAC) was .08 percent or greater.

Legal Rights For Wrongful Death Victims

There are many issues to be faced & dealt with, and even more to be answered following the aftermath of this devastating event. The victims and/or their families are in a very difficult situation and need guidance. Guidance is available in the form of an attorney who is very familiar with the issues at hand, and has many years of experience handling cases for families involved with similar tragic scenarios.

Continue reading "Fatal Brawley Crash Kills Two & Injures Others ~" »

Spinal Cord Injury (SCI) is damage to the spinal cord which results in loss of function such as mobility or feeling. Frequent causes of damage are trauma (gun shots, auto accidents, 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 you to wear a seat belt every time you are in a motor vehicle. If children are traveling with you, make sure they are are properly buckled into a child safety seat, booster seat, or seat belt 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 have been to educate you about the inherent dangers which lead to spinal cord injuries. For more information about SCI, click here.

Continue reading "Preventing A San Diego Spinal Cord Injury ~" »

Did you know that California has a strict liability dog bite statute? It states that the owner of a dog is liable for damages inflicted by the dog if it bites a person who is either in a public place or lawfully in a private place, including 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 the dog had ever been vicious before and regardless of whether the owner had reason to believe it would behave in a vicious manner. The dog doesn't get "one bite free."

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

The majority of dog bite cases only allow that the injured party is able 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, then there's 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 the dog owner who knowingly has a vicious animal which could cause harm to innocent people. In the event that punitive damages are warranted, the amount of money the injured party can recover would be substantially more than in the typical case.

Continue reading "Fatal Injuries Due To Dog Bite Attacks ~" »

California has a strict liability dog bite statute which states 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 free bite."

In dog bite cases, it is essential that prompt measures be taken to preserve evidence, investigate the attack 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 victim 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 were previously blogged about.

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

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?" »

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 "San Diego Dog Bite Injuries ~" »

There are many different types of automobile accidents that occur in San Diego County, each of which can give rise to different types of injuries. A high-speed crash on the interstate, for example, will result in a different set of injuries than a low-speed accident in rush-hour traffic. The type of collision will impact not only the nature and extent of your injuries, but also the amount of damages you will receive. The following are just some of the many possible types of motor vehicle collisions and the typical injuries caused by each:

• Rear-End: When a vehicle crashes into the back of the vehicle in front of it, a rear-end collision results.This type of accident is typically caused by sudden deceleration or braking by the front vehicle, and may often cause a chain reaction of rear-end collisions involving multiple vehicles. The most common type of injury in rear-end collisions is whiplash.

• Head-On: Head-on collisions occur when two vehicles traveling toward each other crash. The front end of one vehicle crashes into the front end of the other vehicle. This type of accident is extremely dangerous and often results in serious internal injuries, traumatic brain injury, spinal cord damage, and even death.

• Side-Impact (often called a "T-bone" or "Broadside" crash): A side impact collision occurs when the side of one vehicle is hit by the front- or rear-end of another vehicle. This type of collision is likely to result in severe injuries or death to occupants on the side of the car that sustained the impact. Safety features, such as side airbags, can alleviate some of the damage in side-impact crashes. When safety features don't work as they're supposed to in side-impact and other crashes, a products liability suit may be appropriate.

• Rollover: Rollover accidents occur when a vehicle flips over, sometimes rolling several times before landing on its side or roof. Rollovers often result in a large number of injuries because they are likely to occur in vehicles with a high center of gravity, such as SUVs, passenger vans, and buses, which carry a large number of occupants. In addition, passengers are often not required to wear seat belts in high-occupancy vehicles, causing them to be thrown from the vehicle during a rollover crash, which only increases the risk of injury and death.

• Single-Vehicle: A single-vehicle accident occurs when only one motor vehicle is involved in the crash. In this type of collision, a vehicle may crash into a stationary object, such as a pole, tree or billboard, or into a pedestrian or cyclist. Passengers injured in single-vehicle accidents may still be able to recover money from the driver, the driver's insurance company or, in auto defect cases, the manufacturer of the vehicle.

• Multi-Vehicle (often called "Pile-ups"): Multi-vehicle accidents, as their name suggests, involve many vehicles. These types of accidents typically occur on interstate or state highways, and are some of the deadliest types of traffic crashes. Vehicles involved in a multi-vehicle accident are often hit more than once, increasing the risk of injury. Pile-ups often result in severe internal injuries, head trauma, spinal cord injury, burn injuries and death.

For all types of accident injury victims, contacting an attorney experienced with auto accident cases is necessary to ensure that a thorough investigation is conducted and that your legal rights are protected at every stage of your case. Kerckhoff Law, APC represents those injured in a wide range of auto accidents, including those involving passenger vehicles, motorcycles, large trucks, buses, bicycles, and pedestrians.

Continue reading "Types Of San Diego Auto Accidents ~" »

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 ~" »

Dog bite injuries are unfortunately common with certain breeds of dogs - in particular, pit bulls. These dogs cause serious injuries and attack people, often because of their aggressive nature and the power of their bite. Typically a pit bull does not bite just once, but continues to attack until its prey succumbs.

California has a strict liability dog bite statute that states that the owner of a dog is liable for damages (injuries) inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including 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 strictly liable, regardless of whether the dog had ever bitten before or shown aggressive tendencies. In California, the dog does not get "one bite free."

In all dog bite cases, it is essential that measures be taken promptly to preserve evidence, investigate the incident in question, and to enable physicians or other expert witnesses to thoroughly evaluate all injuries. The injuries should be immediately photographed, in order to document the evidence.

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, under circumstances where a relative witnesses the attack on a loved one, the relative may also have a claim for the emotional distress suffered by observing the dog bite attack.

Also, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is a 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 case.

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

Pediatric neuropsychologist Gerard Gioia, director of the Safe Concussion Outcome Recovery and Education (SCORE) program at Children's National Medical Center, recently developed an app for smart phones. The program asks the user a series of questions and saves the responses so you can share them later with a doctor.

The app has the ability to e-mail a doctor the results of the questions you answered. There is also a feature called Home System Monitoring which helps parents monitor their child's symptoms for a few days after an injury. The Return-to-Play Guide provides a daily, five-step workout routine for athletes to ensure a safe return to the field when fully recovered.

This app is intended to assist parents, coaches, and brain injury researchers. Although the exact number of concussions is hard to calculate because many go untreated, this new app will aid in the early detection of a concussion and help prevent serious long-term injuries.

Continue reading "SmartPhone App Assists With The Detection Of A Concussion ~" »

10news.com reports that three people in City Heights sustained injuries on Sunday, August 28th, after a pit bull got loose from its chain. The attack occurred at approximately 11:50 a.m. in the 4800 block of Auburn Drive near Euclid Avenue.

Witnesses said that a three-year-old pit bull got loose from its chain, jumped over a low fence, and bit two 6-year-old girls who were playing nearby. One girl was reportedly bitten in the neck, but seemed to be fine. The other girl sustained cuts to her cheek, mouth, chin, arm, and fingers. Some of the cuts required stitches, so she was treated at Rady Children's Hospital.

The father of the less-injured girl, David Powell, was also bitten in the hand while he tried to control the dog. It was reported that he also sought treatment at a local hospital.

The Law Regarding Dog Bites In San Diego

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 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 the dog had ever been vicious before and regardless of whether the owner had reason to believe it would behave in a vicious manner. The dog does not get "one bite free," as is the case in other states.

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

Continue reading "San Diego Pit Bull Injures Three ~" »

With the summer swimming season now upon us, the U.S. Consumer Product Safety Commission (CPSC) has released 2011 television and radio public service announcements (PSAs) highlighting various water safety steps that can be taken to save a life.

In the first few months of 2011, there were 37 drownings and 38 near-drowning incidents reported by the media across America. Developed with the American Red Cross and the Y, the PSAs were released nationally, urging parents and children to adopt as many safety steps as possible in and around pools and spas. The Pool Safely campaign is the federal government's first-of-its-kind national public education effort to reduce child drownings and near-drownings in swimming pools & spas.

Some of the safety steps include:

To learn more about the campaign's water safety steps, click here.

Continue reading "San Diego Summer Water Safety For Children ~" »

The U.S. Consumer Product Safety Commission has reported that in less than two weeks, a new generation of safer cribs will be for sale in retail stores across the country. Starting June 28, 2011, anyone that manufactures or sells baby cribs will be required to meet new and improved crib safety standards approved by the USCPSC.

The USCPSC voted 4-0-1 to extend the length of time that short-term
crib rental companies have to comply with the new mandatory standards for
full-size and non-full-size baby cribs. This extension will give crib rental
companies until December 28, 2012 to update their inventory with compliant
cribs, which is the same deadline for the public accommodation facilities that
these companies serve.

The December 28, 2012 deadline was also extended to child care facilities, such
as family child care homes and infant Head Start centers, and places of public
accommodation (hotels and motels).

The new mandatory standards will usher in a safer generation of cribs. These mandatory standards will: 1) stop the manufacture and sale of dangerous, traditional drop-side
cribs; 2) make mattress supports stronger; 3) improve slat strength, 4) make
crib hardware more durable; and 5) make safety testing more rigorous.

These new safety standards aim to keep children safer in their cribs and prevent
deaths resulting from detaching crib drop-sides and faulty or defective
hardware.

To report an unsafe product, go to www.SaferProducts.gov

Continue reading "Safer Baby Cribs Will Now Be Sold After June 28th ~" »