San Diego Personal Injury Lawyers Blog

You may or may not be aware that personal injury incidents occur every day. However, the majority of victims are unable to recover money for their damages, which include their injuries, medical bills, loss of earnings, and pain and suffering. Regardless of whether one's injuries are major or minor, there is one commonality - they may be caused by someone else's negligent or reckless behavior.

Maybe you have experienced a slip and fall accident because an employee of a company failed to clean up a spill or to warn of the dangerous condition. Maybe you were the victim of a car accident because someone carelessly ran a red light through an intersection. Perhaps you were injured by the purchase of a defective product which didn't function correctly. In each of these scenarios, someone else was responsible for your injuries, and should be held accountable. It is only fair that the responsible person or company should pay for your damages.

If you or a loved one are a Brawley personal injury victim, an experienced personal injury attorney can help to determine whether or not you have a valid claim.

Continue reading "Personal Injury Attorney Brawley ~" »

Here in San Diego, many people walk on our sidewalks and roadways, both for exercise and for transportation. Safety should be the number one issue for drivers encountering pedestrians.

In 2008, according to the NHTSA, 4,378 people nationwide lost their lives in pedestrian-motor vehicle crashes. This equates to approximately 12 people killed every day, which is not a safe statistic!

Also in 2008, there were approximately 69,000 reported pedestrian injuries (one injury every 8 minutes). However, only a fraction of crashes causing pedestrian injuries are even reported by the police, so the true number of pedestrian injuries is unknown.

Who Is Killed In Pedestrian Crashes?

Some of the more noteworthy numbers or trends are:

Driver inattentiveness is the primary cause of most pedestrian accidents. As indicated above, a high percentage of pedestrian injuries occur at dusk and nighttime, when driver visibility is reduced. A vehicle traveling just a few miles an hour can seriously injury a pedestrian, or cause permanent disability or death. At our law firm, we handle pedestrian accidents caused by:

As with all modes of travel, there is some risk associated with walking. However, walking remains a healthy and inherently safe activity for millions of people every year.

Continue reading "San Diego Pedestrian Crash Facts" »

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?" »

10News.com and SignOnSanDiego report that donations are being sought for the family of an 18-month-old boy who was struck by a suspected 17-year old drunken driver last week while being pushed in a stroller by his 50-year old grandfather in Oceanside near Lake Boulevard and Mira Monte Drive. The incident occurred at 9:21 a.m.

Little Isaiah Wallace has been in a medically induced coma at Rady Children's Hospital since the accident occurred the morning of Monday, Oct. 18th, according to the Oceanside Fire Department. The grandfather was transported to another hospital with serious injuries

The parents of the boy have no insurance to cover the inevitable enormous medical bills the boy will incur. A Chase bank account in Isaiah's name has been set up to help with the costs. Anyone wishing to donate can go to a Chase bank and deposit funds into account No. 2976220885.

Shortly before the accident, police were summoned to Oak Riparian Park to check on a disturbance among a group of teens in a Chevrolet SUV. An Oceanside police officer saw the SUV traveling west on Lake Boulevard and made a u-turn to investigate. The SUV sped off, and by the time the officer caught up to it, the victims had already been struck.

The three SUV passengers ran away after the crash, but police later found two of them, who they interviewed. It is unknown if police were able to identify the remaining passenger.

Police reported that it appears the collision occurred when the driver lost control of the SUV as he attempted to turn right into a private driveway at an unsafe speed. The SUV then crashed into a nearby house, but fortunately the home's occupant was not hurt. The 17-year-old driver was arrested on suspicion of driving under the influence and hit and run ~ both felonies. The teen was taken to juvenile hall.

DUI Statistics

It's not a question of whether a person is legally intoxicated, it's a question of whether or not it is safe to drive when one has consumed any amount of alcohol. Research shows that impairment begins long before a person reaches the blood alcohol concentration level necessary to be guilty of drunken driving.

Teenager Drunk Driving & Hit & Run Liability

California's drunk driving laws are strict on teenagers, as it can be a deadly problem. California DUI arrests trigger two separate cases: (1) in court and (2) 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), 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.

Personal Injury Liability

The victims (and their families) should seek legal representation from a competent San Diego personal injury attorney if they have not already done so. An attorney can properly advise them as to their legal rights and what damages they are entitled to.

Continue reading "Oceanside Toddler Seriously Injured By Teen Driver ~" »

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 ~" »

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 ~" »

The San Bernardino police are asking for the public's help in locating the driver of a hit-and-run incident that occurred Friday morning at approximately 12:30 a.m. The driver of a dark green 1997 Honda Civic struck and fatally wounded a San Bernardino woman riding on her bicycle. The incident occurred in the 1100 block of West Highland Avenue.

43-year-old Lauretta J. Romo was struck at a high rate of speed by the green vehicle, which sustained front-end damage. The driver of the vehicle, Bobby Joe Jackson, 29, remains at large following the hit-and-run fatality near the corner of Highland and Davidson Avenues.

Authorities suspect Jackson was intoxicated. They found pieces of a Honda front panel at the scene, and followed a fluid trail for about 200 yards to a Jack in the Box, where detectives said they received surveillance video of Jackson calmly ordering a meal. Restaurant staff said they smelled alcohol on his breath.

The collision that preceded his visit to Jack in the Box was so violent that it split Romo's bike in half.

Jackson, a Rialto resident, has yet to be charged in the collision. He is on federal probation for a 2002 conviction of armed bank robbery and conspiracy in Los Angeles County. Officials describe him as 5'4", 140 pounds, with a shaved head and tattoos on his left arm. His 1997 Honda, which should have front-end damage, has a California license plate of 6LZP445.

Police said traffic investigators are following up on evidence recovered at the scene. Anyone with information about this incident should contact San Bernardino Detective Dave Carlson at (909) 384-5656.

Continue reading "San Bernardino Hit & Run Fatality ~" »