San Diego Personal Injury Lawyers Blog

The Imperial Valley Press reports that a 65-year-old Anaheim resident died at the scene of a crash Sunday at approximately 6:15 p.m. at the Off-Highway Vehicle Recreation Area after plunging 150 feet from a sand dune.

California Highway Patrol Officer Temo Beltran said the man suffered blunt force trauma to his head and abdomen after he was ejected from a 2008 Yamaha Raptor 700 when it landed on its front wheels.

The man was riding his off-road vehicle at about 35 mph in a southeasterly direction when he was cresting a so-called razor-back dune and failed to turn from it.

Cause Of The April 3rd Glamis Four-Wheeler Incident

The hazards of off-road recreational vehicles are very apparent, and unfortunately, numerous people are injured or killed while using them. Law enforcement personnel will conduct an investigation into the cause of this incident to determine whether a third party may be held liable. Additionally, the four-wheeler may have been a defective product, such that liability may be found against the manufacturer and distributor of the four-wheeler.

There are certain legal doctrines which might bar persons engaged in various recreational activities. However, there are exceptions to the rules which might provide the opportunity for someone injured by the negligence of another to recover monetary compensation.

California recognizes "assumption of risk" as an affirmative defense in personal injury cases. A defendant can reduce or eliminate liability by proving that the injured party was aware of the potential for injury and proceeded anyway, thereby "assuming the risk."

Specifically, in a case where a defective product may have caused the injury in question, a defendant manufacturer and/or distributor might assert one of the following under the "assumption of risk" defense:

The user signed a written consent form (e.g., to participate in an athletic event);

The user was aware of the risk and chose to disregard it (e.g., read a posted warning);

The user's maintenance of the product was inadequate; or

The user did not follow directions.

Not all states recognize the "assumption of risk" defense, and the ones that do may refuse to recognize it as a complete bar to recovery. Under this circumstance, the doctrines of "comparative negligence" and "contributory negligence" might be available as affirmative defenses.

Continue reading "Anaheim Man Fatally Injured In Glamis Off-Road Incident ~" »

Spinal Cord Injury (SCI) is damage to the spinal cord that results in a loss of function such as mobility or feeling. Frequent causes of damage are trauma (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 ~" »

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

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

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

Accident Liability Questions

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

Liability For Injuries & Deaths

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

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