San Diego Personal Injury Lawyers Blog

The following is a guest blog from www.accidents.com.

In today's society, everyone says and does the same things they always have - but now they post it on blogs, social media sites, video sharing site,s and personal websites. Facebook has been used in many court cases - lawyers want to retrieve all types of personal information from a user's profile, photographs, and status updates. Facebook's Terms of Service explicitly state, "the website is available for your personal, noncommercial use only." However, this doesn't mean police, potential employers, college administrators, and defending accident lawyers can't use it for research and investigations. In fact, Facebook spokespeople have made this known in public forums and discussion areas - all information on the site should be presumed available to the general public.

Here's the article your accident lawyer hopes you read - it details the steps you can take to protect your social media presence during a trial.

1) Suspend your Facebook and Twitter accounts - Although this is the easiest way to help prevent information for being used against you, some may not feel comfortable getting rid of it completely.

2) Double-check your preferences - Facebook's default privacy settings allow people who live in your area or network to see your information, even if you're not friends. Change this right away.

3) Monitor photos - Keep a close eye on photos that you post or are tagged in. If you feel any of these could incriminate you, untag yourself or ask the person who posted it to delete it right away.

4) Watch what friends post - Monitor what's being posted on your wall to make sure nothing will contradict the claims you're making or could be misinterpreted.

5) Take care when posting status updates - Even something as little as a smiley face can be taken the wrong way and used against you.

Continue reading "8 Facebook Rules For Personal Injury Plaintiffs ~" »

Do you have appropriate automobile insurance available to cover you in the event of an automobile accident?

Automobile insurance laws in California require the owner of a vehicle to have a certain amount of liability insurance on one's vehicle (California Vehicle Code § 16020). Liability insurance provides compensation to another person in the event that you cause an accident and are found to be liable to that person for damages. The minimum amount of coverage required by law in California is $15,000.00 (California Vehicle Code § 16056), but you can purchase higher amounts of liability insurance in order to protect your personal assets against the risk of higher damages being awarded against you in the event you cause another person serious injuries.

When Kerckhoff Law, APC represents a person who is injured in an automobile accident, one of the first things we do is investigate all possible insurance coverage that is applicable. There are two categories of auto insurance -- first party coverage and third party coverage. First party coverage covers you and your property (such as medical expenses, damage to your vehicle, and the insurance company's duty to defend you in the event that you are sued as the result of your operation of a vehicle, etc.). Third party coverage is for your responsibility to pay for injury caused to other people (and vice versa), whether in your vehicle, or another vehicle involved in the accident. The coverage (and its exclusions) is set forth in your insurance policy. In exchange for the payment of a premium, the insurance company promises to provide compensation in the event of certain occurrences. Though a full recitation of insurance coverage and laws would occupy several large text volumes, the following is brief synopsis of the most typical coverage and issues. Among the various types of insurance coverage which may apply are the following:

California Vehicle Liability Insurance

As previously stated, liability insurance is required by law (California Vehicle Code § 16020). The liability portion of an insurance policy is used specifically for defending and settling any claims, or paying any judgments rendered against the insured in an automobile negligence claim. If you are injured by the negligence of a defendant, we will make a claim under the bodily injury liability coverage of the negligent defendant's insurance policy. Liability coverage is not health insurance, and it is not designed to pay for your medical bills as they are incurred. Instead, it is designed to be a one-time settlement or payment for all of your damages. Liability insurance minimums required by law in California (California Vehicle Code § 16056) are:

Fifteen thousand dollars ($15,000) for bodily injury or death of one person in any one accident.

Thirty thousand dollars ($30,000) for bodily injury or death of two or more persons in one accident, not exceeding the per-person limits above.

Five thousand dollars ($5,000) for injury to or harm to property of others in one accident.

Continue reading "Do You Have Appropriate Automobile Insurance Coverage?" »

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 ~ " »

10news.com reports that an Alpine woman was tragically killed when her vehicle was struck head-on by an alleged drunk driver. The crash occurred on Saturday evening at approximately 8:25 p.m. on Alpine Boulevard, east of the intersection with Dunbar Lane.

Cathrine Marie Harless was 63 years old. Sadly, her two dogs also died in the crash.

According to the California Highway Patrol, Ms. Harless's westbound vehicle was struck by a pick-up truck which had veered into her lane. The driver who crossed into Ms. Harless's lane was hospitalized and will be booked on suspicion of drunk driving when he is released.

Drunk Driving Liability Issues

Based on the limited information provided, the man who caused the crash was arrested for being under the influence of alcohol. 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."

Wrongful Death Liability

While the fatal Alpine crash remains under investigation, the family members of the victim are advised to consult with a knowledgeable San Diego personal injury 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: 10news.com

Continue reading "Alpine Woman Fatally Wounded In Head-On Crash ~" »

Sheriff's officials have reported that a 73-year-old man suffered an apparent heart attack while driving, and crashed into a tree on Center Drive in San Marcos this past Saturday afternoon at approximately 5:10 p.m. The crash took place near the intersection of Avenida Ricardo.

The driver, identified by the Sheriff's Department as Richard Rigsby, was transported by paramedics to a local hospital, where he passed away at about 5:40 p.m.

His 78-year-old female passenger was hospitalized with chest pains. Fortunately, no other vehicles were involved in the accident.

Accident Liability Due To Unforeseen Health Issue ~

This incident raises an interesting question as to whether or not the driver would be liable for the injuries to his passenger. The answer is that he would not be liable, unless he had a history of heart attacks or other health problems which would potentially cause him to lose control of his vehicle.

Otherwise, if this heart attack was the first ever suffered by the driver, then the passenger would not have a valid claim against the driver and his automobile insurance carrier, because the occurrence of a heart attack is not reasonably foreseeable or anticipated.

Sources: Sign-On San Diego;

Continue reading "San Marcos Motorist Suffers Heart Attack While Driving ~" »

The Orange County Sheriff's Department reports that 22-year-old Marine Corporal Colin Newman (stationed at Camp Pendleton) was jailed on Tuesday for alleged drunk driving which caused a three-vehicle crash in south Orange County, injuring four people. The collision occurred at approximately 10:40 p.m. this past Monday at Avery & Marguerite Parkways in Mission Viejo.

Mr. Newman, driving a Volkswagen Jetta, exited the northbound Interstate 5 freeway, reportedly traveled through a red light at Avery Parkway, and then struck a Honda Element, causing it to strike a Chevrolet Cobalt. Three people trapped in the Honda Element were hospitalized with serious, but non-life-threatening, injuries. Another passenger in the Chevy Cobalt sustained minor injuries and was also taken to a local hospital for treatment. Mr. Newman escaped injury and was booked on suspicion of driving under the influence. He was held in lieu of $100,000 bail.

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.

Drunk Driving Liability Issues

Driving while drunk is a deadly problem in our nation. 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.

Continue reading "Camp Pendleton Marine Suspected Of DUI In Orange County Crash ~" »

You've probably seen in the news that Toyota Motor Corporation has settled a lawsuit brought by the relatives of the four family members killed in a high-speed crash in San Diego County that focused attention on the safety flaws of Toyotas, leading to the recall of millions of vehicles.

The L.A. Times reported the settlement last Friday evening, and the Associated Press reported that on Saturday, a Toyota spokesman confirmed the settlement in an e-mailed statement. The settlement terms were disclosed to the judge presiding over the case this past Monday in motions filed with the court. Attorney Tim Pestotnik, an attorney representing the parents of the three adult victims, declined to comment to the L.A. Times.

Co-defendant Bob Baker Lexus in San Diego, the dealer that loaned the family the car, was not part of the recent settlement.

Soon after the crash, Toyota recalled millions of cars to replace floor mats that it said might cause the accelerator to jam. Toyota later recalled millions more vehicles to replace gas pedals that could potentially stick.

The San Diego case was considered the strongest of the hundreds of lawsuits filed over claims stemming from sudden acceleration in several of the Toyota models, as well as brake glitches with the company's Prius hybrid vehicle.

Sources: Los Angeles Times, 10news.com

Continue reading "Recent Settlement Of San Diego's Toyota Crash Lawsuit Announced ~" »

10news.com reports that the massive San Bruno gas line explosion which occurred last night at 6:14 p.m. has caused injury to at least 52 people and fatally wounded at least 6. Fire crews tried to douse the remnants of the enormous blaze and account for the residents of dozens of damaged homes.Apparently, emergency workers haven't been able to get into all of the homes, so it is unknown whether others have been injured or killed. Fire Chief Dennis Haag reports that four firefighters suffered smoke inhalation injuries and were treated and released within a couple hours. He said that fire crews walked through the neighborhood this morning and revised their damage estimate to 38 destroyed structures and 7 significantly damaged. Dozens of other homes sustained less severe fire damage.

The blaze, which burned 15 acres, was 75 percent contained this morning. San Bruno Mayor Jim Ruane said: "The sun is shining over there, but there's still a dark cloud over this city."

Two brothers whose home was near the center of the explosion stated they thought an earthquake had struck until they looked out the window. "It looked like hell on earth. I have never seen a ball of fire that huge," Bob Pellegrini said. They had to leave quickly, and now their house is gone and they are homeless, along with dozens of others.

Cause Of The Gas Line Explosion

What caused the natural gas 30-inch steel pipeline to rupture? Pacific Gas and Electric Company has stated: "If it is ultimately determined that we were responsible for the cause of the incident, we will take accountability."

Homeowners Insurance Coverage

Hopefully, all of the affected residents maintained homeowners insurance coverage to protect them during this disaster. If you are one of the victims, a claim should be filed immediately with your insurance carrier, so that you will be provided with lodging, food, clothing, and the other necessary items you need (such as medication).

Investigation Of The Explosion

The National Transportation Safety Board sent a four-member team to San Bruno today to investigate the blast. One of the NTSB's duties includes investigating pipeline accidents such as this one.

Continue reading "Casualties Increase Due To San Francisco Gas Explosion ~" »

The California Highway Patrol reports that a vehicle driven by the U.S. Ambassador to Malta crashed near Calabasas, California, killing a nun and injuring a 94-year-old pastor from their church. The driver, U.S. Ambassador Douglas Kmiec (kah-MEK), also sustained moderate injuries in Wednesday's crash.

CHP Officer Leland Tang says Kmiec was driving a Hyundai Accent on Mulholland Highway when the vehicle veered onto the shoulder and into a drainage ditch. Sister Mary Campbell of Our Lady of Malibu Catholic Church unfortunately passed away at the scene. Pastor Emeritus Monsignor John Sheridan was fortunate to have only sustained moderate injuries.

The group of three were heading back to the church from Louisville High School in Woodland Hills when the crash occurred.

Kmiec, a U.S. Ambassador to Malta since September 2009, is a law professor at Pepperdine University.

Accident Liability

The families of the victim and the injured persons should contact a California personal injury lawyer to investigate the cause of the crash and to discuss their legal options.

Sources: The Associated Press

Continue reading "Calabasas August 25th Accident Kills One ~" »

Proper insurance coverage is very important for you to have, in order to protect you and your loved ones. Liability coverage is used in situations where you cause someone else's injury, and the amount you should have depends on your assets. Uninsured motorist/underinsured motorist coverage protects you when another person causes a vehicle accident and is uninsured.

If you have significant assets (i.e., you own your own home, etc.), then you need to purchase higher automobile liability coverage (we recommend at least $300,000 or $500,000 minimum). If you can afford the additional expense, you should consider a $1,000,000 liability policy, together with an umbrella policy on top of that. If you only have a small liability policy, there is a likelihood that the injured person will come after you personally to obtain your assets.

if you have no assets, then the amount of liability coverage does not need to be high.

Uninsured & Underinsured Motorist Coverage

Uninsured Motorist coverage (UM) covers you in the event an uninsured motorist causes an accident.

Underinsured motorist coverage (UIM) covers you in situations where you may suffer serious injuries, but are struck with somebody with a small policy (i.e., $15,000). If you have sufficiently high underinsured motorist policy limits, then the person who caused the accident will pay the $15,000.00 limit of their policy and then you will be able to get full value for your damages and injuries from your own insurance company to the full extent of the amount of your underinsured motorist policy. For example, if you have a $500,000 underinsured motorist policy to protect you and your loved ones and you are struck by a motorist with a $15,000 policy, then in California, you will be entitled to receive the difference: $485,000.00, or in other states, you will be able to receive the entire $515,000.

The same scenario applies to situations where you are struck with someone with no insurance. Now we all know that people have to have automobile insurance, but many people for various reasons do not. Therefore, you can buy coverage called UM coverage that will protect you in the event you are struck by somebody with no insurance. An example of the way that would work is you or a loved one in your family sustains serious injuries when you are at a dead stop and are hit by somebody with no insurance. If you have sufficiently high UM coverage, then you will make your claim directly with your own insurance company to the full extent of the amount of your UM policy. Again, we recommend that you have at least $500,000.00 UM coverage and if you can afford it, you should buy a $1,000,000.00 policy together with an umbrella, if companies will write that coverage for you. This way you will be fully protected in the event that you are injured by somebody with no insurance.

I also urge all of you to talk to your insurance brokers to find out how much the additional costs are for raising your UM or UIM coverages. I think you will find that most people's experience will show that the additional cost is minimal for example to raise your UM or UIM insurance from $50,000.00 to $500,000.00 will be less than $100.00 per year as an average. Of course, each company's rates are different and your own insurance broker will be able to give you an accurate quote. This is not a coverage that insurance companies like to write, and your own broker or agent probably will not tell you about it. You have to be proactive to make sure that you get the coverage that you need.

In conclusion, I urge each and every one of you to review your auto insurance policy to see how much UM and UIM coverage you have. If your coverages are not sufficiently high, I urge you to call your insurance broker or insurance agent to raise your UM and UIM limits to a minimum of $500,000.00.

Continue reading "How To Protect Yourself & Your Loved Ones With Proper Insurance Coverage ~" »