San Diego Personal Injury Lawyers Blog

Dangerous roads in El Centro can cause injury to motorists, bicyclists, motorcyclists, and pedestrians, and can create liability against the State of California, Department Of Transportation (CalTrans). Of course, liability may be apportioned between the class of persons noted above, and potentially other defendants who may have played some role in creating or maintaining a dangerous condition.

A motor vehicle operator driving an automobile (passenger vehicle, big rig truck, van, or bus), must make sure that they constantly stay alert, and maintain continual awareness of the numerous harmful factors that can cause an auto crash to occur at any moment. Many people may not be aware that numerous accidents and injuries occur because of defectively designed or improperly maintained roadways. Knowledgeable El Centro attorneys understand dangerous roads.
The condition of the roadways that are continuously traveled on, highways, intersections, and even safety equipment on roadways can pose a serious threat to vehicle drivers. Not only do a number of accidents occur in cities such as Imperial, Brawley, Heber, Seeley & Calexico, auto accidents are caused by poorly maintained roads. Additional causes of road defect accidents include problems occuring with medians, barriers, signs, shoulders, lights, exit ramps, lane markers, and intersections.

Continue reading "El Centro Truck Accidents ~" »

Have you or a loved one been injured in a San Diego motorcycle crash? Below is useful information about how to proceed with a claim against the person who caused the incident.

Motorcycle Crashes & Intersection Liability Issues

Crashes at street intersections occur because someone either failed to yield the right-of-way or ran a red light. In motorcycle accident cases such as this, very often the at-fault driver was not paying attention, or didn't consciously look for a smaller vehicle - such as a motorcycle or a bicycle at the street intersection.

Choosing A San Diego Motorcycle Crash Injury Attorney

After a motorcycle accident injury, or any other event involving serious injury or the wrongful death of a loved one, it's important to work with a law firm that specializes in personal injury. Unfortunately, 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 motorcycle accident are very specific. Our San Diego motorcycle crash law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to.

Continue reading "San Diego Motorcycle Crash Injury Lawyer ~" »

The San Diego motorcycle crash lawyers at Kerckhoff Law, APC, are experienced trial lawyers and have many years of experience providing legal representation to motorcycle crash victims in San Diego.

The types of skills required to successfully handle a serious motorcycle accident are very specific to these types of accidents. 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.

If you, a loved one, or a friend have been the victim of a motorcycle crash and have suffered a serious personal injury, please call today for a free consultation - 866-606-3059, or fill out our Free Case Review form. All inquiries are strictly confidential.

Continue reading "San Diego Motorcycle Crash Injury Attorney ~" »

KTLA.com reports that studies show driving while texting is more dangerous than driving under the influence. Recent fatalities involving texting while driving occurred in 2007 when a New York high schooler and her for fellow cheerleaders were killed due to her slamming head-on into a truck, killing all of them. The 2008 Chatsworth train collision, in which 25 people died and more than 100 were injured, was officially attributed to the engineer of the Metrolink commuter train being distracted by text messaging.

Unfortunately, the laws applicable to the problem of texting while driving reflect vital misunderstandings about why cell phone use combined with a moving vehicle can be so deadly. This was a major topic at the Transportation Department's Distracted Driving Summit on September 21, 2010.

Studies reflect that texting while driving can be more dangerous than driving while swigging Jack Daniels. In a 2009 survey, Car and Driver magazine tested two of its staffers under a variety of conditions. It found that on average, driving at 70 mph, one man braking suddenly while legally drunk (0.08 blood alcohol content) traveled 4 feet beyond his baseline performance. However, when reading an e-mail while driving sober, he traveled 36 feet beyond the baseline result and 70 feet while sending a text. In the worst case - while texting - he traveled 319 feet before stopping.

66% of respondents to a 2007 Harris Interactive poll admitted they've texted while driving, even as 89% said it should be banned.

Not to mention that our youngest drivers, who already are in far more than their share of roadway accidents and deaths, text the most, according to government and insurance industry reports.

Texting While Driving & Accidents

Texting and driving is not only dangerous, it's against the law in California. Senate Bill 28, enacted on September 24, 2008, "prohibits a person from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication."

New legislation has been introduced that could increase the fines for sending text messages and talking on handheld cell phones while driving. On June 23, 2010, California Senate Bill 1475 was passed, which would add one point to a driver's driving record.

The bill also strengthens California's hands-free and no-texting laws for motorists. The new law also extends to bicyclists. SB 1475 now moves to the State Assembly for consideration.

We all know about the dangers associated with texting while driving. Even Oprah Winfrey has joined the cause, ending each of her shows with a request that her viewers sign her pledge to not text and drive. It would be great to see ALL states implement a ban on texting while driving. Many lives would hopefully be saved and many auto accidents would probably be prevented.

Sources: Insurance Institute For Highway Safety, Highway Loss Data Institute, KTLA News.com

Continue reading "Text Messaging May Be Worse Than Drunk Driving ~" »

Despite the fact that tens of thousands of car accidents occur every day in this country, many people do not know what to do if they are involved in an accident. Knowing what steps to take to ensure that your injuries are properly diagnosed and treated and that evidence is preserved at the scene of the accident can significantly improve your chances of receiving a fair settlement in your case. The following are some helpful tips on what you should do if you are involved in a traffic accident:

Check for injuries: The first thing you should do after an accident is to check for injuries - to yourself, passengers in your vehicle, and occupants of other vehicles involved in the crash. You should call 911 immediately to summon an ambulance, if necessary. Seeking immediate diagnosis and treatment by medical professionals of any injuries sustained in an accident greatly increases your chances of receiving just compensation for your injuries. Keep in mind that some injuries are not always apparent to the casual observer and their symptoms can be significantly delayed. Whether you call an ambulance at the scene of the crash or contact your family physician promptly afterwards, you should never hesitate to get checked out by medical professionals - even if you feel "okay" after the accident.

Call the police: It is important to call the police even if the accident is minor. A police investigation will provide proof of the accident and ensure that evidence is collected and preserved. In addition, the police will typically document witnesses' statements and examine other drivers involved in the accident to check for drug or alcohol use. The police can also be valuable witnesses to your injury at the scene, and they can assist in securing an admission of fault from the negligent driver.

Record the names of everyone involved: You should make sure you write down the names, mailing addresses, and license numbers of each and every person involved in the accident, along with descriptions and license plate numbers of the other vehicles.

Record the names of witnesses: You should be sure to collect the names, addresses, and phone numbers of any witnesses to the accident, and make a note of what they say happened. This can help to resolve any disagreements that arise in regards to how the accident unfolded.

Take pictures at the scene: You should take your own pictures, if possible, of any vehicle damage, injuries, tire marks, etc. at the scene of the accident. Even taking photos with your cell phone camera can help accident reconstruction experts determine who is at fault in your case.

Contact an attorney: You will improve your chances of recovery if you contact an attorney who is experienced in handling personal injury matters. At Kerckhoff Law, APC, we will promptly arrange for an attorney to consult with you free of charge so as to enable us to immediately take action on your behalf, while all of the evidence is still "fresh." If necessary and feasible, we will have an investigator conduct a thorough analysis of the accident scene so that no evidence goes undetected.

An experienced auto accident attorney can advise you and answer your questions regarding the best way to proceed in your case. If you or a loved one has been injured in an accident, contact Kerckhoff Law, APC at (866) 606-3059 today for a free initial consultation of your case. We handle injury cases on a contingency fee basis, which means we won't charge an attorney's fee unless we recover money in your case.

Continue reading "What To Do After An Auto Accident In San Diego ~" »

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 ~" »

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?" »

Automobile accidents in the Imperial Valley and surrounding regions occur often, causing serious injuries and death to pedestrians, drivers, and cyclists. Incidents that occur on El Centro roadways may be caused by distracted drivers, drunk drivers, vehicle defects, and/or dangerous road conditions. Negligent drivers who cause accidents may be held financially liable for resultant injuries and deaths that they cause.

The El Centro auto accident lawyers at Kerckhoff Law, APC have represented hundreds of seriously injured victims of Imperial County auto accidents in personal injury claims, including incidents occurring in Imperial, Brawley, Calipatria, Holtville, Seeley, El Centro, Calexico, Heber, Winterhaven, and Mexicali.

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Please contact Kerckhoff Law, APC for a free consultation if you or a family member has been seriously injured or killed in an automobile crash, dog bite, or wrongful death incident.

Continue reading "Looking For An El Centro Attorney?" »

Have you or a loved 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.

Continue reading "Injured In A Del Mar Accident?" »

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 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.

10news.com has reported that a 68-year-old Lakeside man died in a local San Diego hospital just hours after being rear-ended on State Route 52 in Santee.

Gary L. York was traveling westbound on his three-wheel motorcycle near Fanita Drive at approximately 8:40 a.m. yesterday morning, when he was rear-ended by a sedan and then thrown from his vehicle.

He was transported by paramedics to Sharp Memorial Hospital, where he passed away at 2:57 p.m.

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Investigation Of The May 4th Santee Crash

CHP officers are still conducting their investigation into the cause of this fatal crash, to determine who will be found liable for the harm that was caused. If the driver of the sedan is ultimately found to be responsible, then that person will be liable for the damages caused to the victim and his family.

Wrongful Death Liability

When a person is killed due to someone else's negligence, the victim's family would benefit from speaking to a San Diego wrongful death lawyer about the incident and the wrongful death liability issues involved. An experienced attorney can help the family members of the victim find answers regarding what happened and who should be held responsible, as well as explain what the family members' legal rights and options are should they wish to pursue a wrongful death claim.

For a free consultation, please call Kerckhoff Law, APC toll-free at (866) 606-3059 or click here to fill out our confidential intake form.

Continue reading "Lakeside Motorcyclist Fatally Wounded After Being Rear-Ended On SR-52 ~" »

The state Office of Traffic Safety (OTS) released a new survey on Wednesday contending that southern Californians (including those of us residing in San Diego County) are only slightly worse that the rest of the nation when it comes to texting or talking on a cell phone while driving.

The state's study conducted in March and billed as the first-ever observational study, revealed that 9.8 percent of Southern Californians are texting or yakking.

OTS Director Christopher J. Murphy is quoted as stating: "This study is highly significant for California ... it gives us a base to measure against in years to come as we combat this serious threat to safety on our roadways."

In 2009, a federal study showed that approximately 9% of drivers nationwide were talking on cell phones or texting while driving.

The study included 130 intersections in 17 California counties, where observers took notes while observing 5,413 drivers holding phones to their ears, wearing a Bluetooth or headset device, or those who were texting.

In the first half of April - Distracted Driving Awareness Month - more than 20,000 drivers were ticketed for holding phones to their ears while driving, as well as for texting. The fine for a first offense is $159 and rises to $279 for repeat offenses.

Personal Injury & Wrongful Death Liability In Automobile Accidents

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. 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.

Vehicle accidents in the El Centro area and surrounding regions occur often, causing serious injuries and death to pedestrians and drivers. Incidents that occur on Imperial County roadways may be caused by distracted drivers, drunk drivers, vehicle defects and/or dangerous road conditions. Negligent drivers who cause accidents may be held financially liable for resultant injuries and deaths that they cause.

The El Centro auto accident lawyers at Kerckhoff Law, APC have represented hundreds of seriously injured victims of Imperial County car accidents in personal injury claims, including incidents occurring in Brawley, Calipatria, Holtville, Imperial, Seeley, El Centro, Calexico, Heber, Winterhaven, and Mexicali.

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Please contact Kerckhoff Law, APC for a free consultation if you or a family member has been seriously injured or killed in an El Centro automobile crash or Imperial County wrongful death incident.

The Imperial Valley Press reports that a Mexicali man was seriously injured in an auto versus motorcycle crash at the intersection of Carr Road and SR-7 this past Thursday at approximately 6:00 p.m. Jesus Zepeda was riding eastbound on his 2008 Italika motorcycle on Carr Road when Vanessa Mascareno, driving a Toyota, turned into Mr. Zepeda's path as she attempted to access the State Route 7 northbound on-ramp.

Mr. Zepeda was thrown from his motorcycle and later airlifted to Yuma Regional Medical Center with severe injuries.

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Investigation Of The April 7th Auto Versus Motorcycle Crash

California Highway Patrol officers are conducting an investigation into the cause of this crash. If Ms. Mascareno is found to be negligent for causing this accident, then she will be held liable for the damages she caused to Mr. Zepeda.

Damages In Motor Vehicle Claims

When someone suffers a personal injury, he/she will likely require medical attention and may need rehabilitation, all of which costs substantial sums of money. One may lose income (and/or have to use up "sick time") because of the injury, and may continue to lose income while treatment and recovery takes place. One may have sustained property damage to one's motorcycle or vehicle. While the vehicle is being repaired, a rental car may be necessary, and vehicle repairs and rentals cost money.

An injured victim may also lose the ability to perform various activities of normal daily living, for awhile or permanently, and may also endure significant pain and suffering, which may be ongoing as well.

The law permits one to seek recovery after an accident to "make you whole again." The central concept is that a victim should be compensated in a manner that returns one to the same position as before the accident. In most personal injury actions, the plaintiff must have been injured in some way to be entitled to damages. For example, in negligence cases, we must prove that the victim suffered injury (some type of physical, emotional, or monetary harm) for the defendant to be required to pay compensation. However, with some intentional torts (such as battery, assault, or trespass), we may only have to show that the defendant engaged in unauthorized conduct, without proving that the victim suffered actual physical harm, in order to recover damages (though damages in these situations are often nominal absent serious injury).

Three basic kinds of damages are awarded in personal injury cases: compensatory damages, punitive damages, and nominal damages.

Choosing An El Centro Motorcycle Accident Attorney

If you or a loved one has been injured or killed in a motorcycle crash, you may be entitled to compensation for your injuries and damages. 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. Our Imperial County motorcycle 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 "Mexicali Auto vs. Motorcycle Crash On April 7th ~" »