San Diego Personal Injury Lawyers Blog

The captain of the cruise liner that crashed into a reef off the Italian island of Giglio continues to fuel world outrage by changing his story yet again. Captain Francesco Schettino originally claimed that despite an audiotape directing him to return to his stricken ship by the captain of the Italian Coast Guard, that he did not, in fact, leave the ship. He now claims that he accidentally tripped into a life raft after the ship tilted sharply.

The most recent count confirms eleven deaths and twenty-one people still missing. Search operations were suspended when the ship tilted again from its rocky perch on a reef.

Continue reading "Cowardly Captain Of Costa Concordia Continues To Change Story ~" »

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 and Health Canada recently announced a voluntary recall of Guardian full-face diving masks.

Manufacturer: Undersea Systems International Inc. dba Ocean Technology Systems of Santa Ana, California

Hazard: The purge assembly on the diving mask can disengage from the regulator, resulting in a loss of air to the diver, which poses a drowning hazard.

Description: This recall involves Guardian full-face diving masks with serial numbers 9051284 through 100070954. The serial number is printed on the main regulator body. The diving masks were sold in black with blue accent colors. The Ocean Technology Systems' logo is affixed to the front of the mask.Sold by: Diving equipment retailers and direct sales nationwide from September 2010 through November 2010 for approximately $800.

Remedy: Consumers should immediately stop using the diving masks and contact Ocean Technology Systems for instructions on conducting a test of the regulator and returning the masks for a free repair.

For further information, contact Ocean Technology Systems toll-free at (877) 270-1984 anytime, or visit the firm's website at www.otscomm.com.

Continue reading "Safety Recall ~ Guardian Full-Face Diving Masks" »

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.

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.

The San Bernardino Sun reports that the CHP arrested an intoxicated Apple Valley man this past Monday, after he drove over a riverbed and caused his Suzuki Samurai SUV to flip and drown his 16-month-old son at approximately 8:30 p.m. 23-year old Hunter Kilmer was booked into jail on suspicion of driving while under the influence and vehicular manslaughter.

His young son, Ford L. Kilmer, passed away at the accident site near Saddle Dike Embankment, which runs between Arrowhead Lake and Deep Creek roads in an unincorporated area near Apple Valley.

According to the CHP, the father couldn't tell how deep the water was, but attempted to cross anyway. They estimated the water was about nine feet deep, which contributed to the vehicle overturning in the water.

The driver and a second man riding in the passenger seat escaped from the SUV, but they were unable to save the baby, who was strapped in a car seat that was trapped.

Drunk Driving Liability

Driving while drunk is a deadly problem. California DUI arrests trigger two separate cases: in court, and at the Department of Motor Vehicles. The criminal case filed against California DUI defendants consists of two different statutes: California Vehicle Code Section 23152 (a) & 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.

It is extremely unfortunate that this young boy had to die in this manner, due to the apparent negligence of his father.

Sources: San Bernadino Sun, KTLA.com

Continue reading "Baby Drowns While Dad Off-Roading In Apple Valley ~" »

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.

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.

According to the U.S. Coast Guard, boating-related fatalities rank second to vehicle crashes as the leading causes of transportation-related deaths. Each year, more people perish in boating accidents than in airplane crashes, bus accidents, or train wrecks.

Boating Accident Statistics

80% of fatal boating incidents occur in less than 26 feet of water

80% of fatal boating incidents occur when the boat operators had no formal boating instruction

70% of fatal boating incidents occur due to capsizing and falls overboard

Boating While Under The Influence Of Alcohol

More than 50% of recreational boating incidents involve alcohol. Research shows that one operating a boat with a blood alcohol concentration (BAC) above .10 is TEN times more likely to be killed in a boating accident than one with a zero BAC. Not to mention the combination of wind, sun, noise, boat motion, and vibration can triple the effects of alcohol.

It is important to know that Boating Under The Influence (BUI) is similar to being charged with a DUI. If charged, one will be subject to the same penalties as someone who has been charged with operating a vehicle under the influence.

Boating Safety Tips

Continue reading "Safe Boating In San Diego ~" »

Have you or a loved one been seriously injured in an accident in Cardiff-By-The-Sea? If so, you should consult with an experienced, aggressive attorney to find out what your legal rights are and what your next step should be.

Choosing A Cardiff-By-The-Sea 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.

Our Cardiff-By-The-Sea accident lawyers are experienced trial lawyers and have in excess of fifty years combined experience providing legal representation to serious accident victims in southern California, including San Diego, Riverside, San Bernardino, Orange, and Imperial Counties.

Continue reading "Cardiff-By-The-Sea Serious Accident Lawyers ~ Cardiff By The Sea Injury Attorneys " »

When your family member's life is suddenly taken by the reckless or malicious conduct of another, did you know that you can file a wrongful death lawsuit & thus may be entitled to financial compensation?

There are two types of damages you are entitled to in a wrongful death action: (1) the expenses incurred because of your loved one's death; and (2) an amount of money decided upon by either the judge or jury in order to punish the defendant.

Compensatory Damages

These are monies awarded to the victim's family to compensate for:

Medical care

Funeral & burial expenses

Grief, stress, and loss of companionship

Income the victim would have earned had he/she lived

& Any other expenses brought about by the wrongful death

Punitive Damages

Punitive damages are money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.

Continue reading "Wrongful Death Damages ~ What Types Are Available?" »

The U.S. Consumer Product Safety Commission (CPSC) has debuted a series of Public Service Announcements (PSAs) about its Pool Safely campaign (www.poolsafely.gov), illustrating how simple steps saves lives at pools and spas.Partnering with the American Red Cross (www.redcross.org) and the YMCA of the USA (www.ymca.net), the CPSC produced broadcast, print, and radio PSAs which are being distributed to media outlets throughout the United States.

The new PSAs are intended to remind parents and children to stay safe in and around pools and spas, by practicing water safety steps. The "Pool Safely" campaign encourages everyone to adopt new safety behaviors while having fun in the pool.

It is important to remember that each drowning incident represents a family tragedy.

Continue reading "Swimming Pool & Spa Safety In San Diego ~" »

Authorities pronounced dead the 2-year-old son of former Philadelphia Eagles quarterback, Randall Cunningham, in an apparent drowning in a backyard hot tub.

Las Vegas police say it appeared to have been an accident. A woman at the house, along with several other children, found the boy about 4:30 p.m. today and attempted to resuscitate him.

The child was pronounced dead at St. Rose Dominican Hospital Siena campus in Henderson, Nevada.

47-year-old Cunningham, now an ordained minister and pastor of a church in Las Vegas, was not home when the boy was found.

Accidental drownings of small children are preventable when adults are vigilant. Now that summer is upon us, it is especially important that small children are constantly supervised when in or near hot tubs or swimming pools, due to the high risk of serious injury or death that can occur.

Continue reading "2-Year Old Boy Drowns In Las Vegas Hot Tub ~" »