San Diego Personal Injury Lawyers Blog

The following is a guest blog from Console & Hollawell ~ New Jersey personal injury attorneys:

"One Text or Call Could Wreck it All," that is how the National Highway Traffic Safety Administration (NHTSA) warns against cell phone usage while driving on their website advocating for the end of distracted driving. April is National Distracted Driving Awareness Month, and as any Woodbridge car accident attorneys would tell you distracted driving has become an epidemic in this country.

Woodbridge, New Jersey had the most fatal car accidents in Middlesex County in 2011 with 16 fatalities. Although New Jersey has laws set in place to offset the high number of accidents caused by distracted drivers there are still far too many crashes where someone was using a cell phone or performing another inappropriate task while driving.

The NHTSA reported that in 2009 16 percent of all fatal accidents in the country involved distracted driving, while that may not seem like a lot having nearly 5,500 people killed in such a negligent way is unacceptable. Distracted driving is more than just talking on a cell phone, it includes any action that takes the driver's attention away from the road including:

• Texting
• Talking on the phone
• Eating or drinking
• Putting on make up
• Fixing your hair
• Reading (including looking at maps)
• Using a GPS or navigation system
• Adjusting a radio or mp3 player
• Watching a video
• Talking with other passengers

Still don't think that distracted driving is a problem? Think about this: the average text message will take your eyes off of the road for about 4.6 seconds. If you are travelling at 55 mph that means by the time you look up at the road again you will have traveled the length of a football field completely blind.

A study released by the University of Utah also explained that talking on the phone, whether it is hands-free or not, impairs a driver's reaction times just as much as having a .08 blood alcohol concentration. That means that driving distracted is just as dangerous as driving drunk.

We all need to be proactive in putting a stop to distracted driving. The best way to do so is to make sure that people are aware of the problem, so in April do your part to end this epidemic and save lives.

If you or someone you love has been injured by a distracted driver you may be entitled to compensation for your injuries. Experienced car accident lawyers in New Jersey will work with you and ensure that you understand your legal rights and options. Visit distraction.gov for more information about what you can do to end distracted driving.

Continue reading "April National Distracted Driving Awareness Month ~" »

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 ~" »

Brain injuries can result from many types of accidents, including motor vehicle crashes, physical abuse, falls, gunshot wounds, or explosions occurring in dangerous occupations.

What is Traumatic Brain Injury?

Every 15 seconds, someone in the U.S. sustains a traumatic brain injury (TBI). Over one million people are treated in hospital emergency rooms each year. Of those, 50,000 die and 80,000 are rendered permanently disabled because of a traumatic brain injury. This number is higher than the combined cases of Alzheimer's disease, Parkinson's disease, and Multiple Sclerosis.

TBI occurs when a sudden physical impact to the head causes damage to the brain. The damage can be focal (confined to one area of the brain) or diffuse (involving more than one area of the brain). TBI can result from a closed head injury or a penetrating head injury. A closed head injury occurs when the head suddenly and violently hits an object, but the object does not break through the skull. A penetrating head injury occurs when an object pierces the skull, entering the brain tissue.

Brain injury symptoms may include:

Immediate treatment by a skilled medical professional is necessary to prevent further damage or complications.

Brain injuries have the potential to alter one's life forever. Therefore, consultation with an experienced TBI lawyer skilled in handling brain injury lawsuits is key. The lawyer will put together a team of qualified experts and medical professionals in order to assess the victim's expected past, current, and future losses, so that the victim will receive maximum compensation.

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 ~" »

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 (car accidents, gunshot wounds, 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, for most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning.

Almost 11,000 people in the U.S. sustain a traumatic spinal cord injury each year, resulting in temporary or permanent sensory deficit, motor deficit, or bowel or bladder dysfunction. In this country, more than 250,000 people live with paralysis caused by SCI.

More than half the people who sustain an SCI are between the ages of 16 and 30. More males than females sustain this type of injury - the ratio is more than four to one. The most common cause of SCI is a motor vehicle crash, accounting for at least 36% of these injuries (broken down as follows: no restraints used - 20%; restraints used - 13.7%; motorcycle - 7.4%; accidents involving pedestrians - 5.2%; other - 2.1%).

Violence-related SCIs have been steadily increasing over the past two decades, and today, violence is associated with 29% of SCIs. Falls and sports injuries result in 21% and 7% of SCI cases, respectively.

Damages In SCI Cases

The amount of damages that may be recovered against a party responsible for causing SCI injury is substantial. The average out-of-pocket cost of coping with a spinal cord injury in the first year can be as high as $741,000 for the most severe injuries. For each year after that, the average cost is approximately $132,000. These amounts don't include indirect damages (which averaged $60,000 in 2006) such as:

If you or a loved one has sustained an SCI due to the negligence of another party, you may want to consult with an experienced SCI attorney to find out what your legal rights are.

Continue reading "Have You Or A Loved One Sustained A Spinal Cord Injury?" »

10News has reported that one person was killed and another was seriously injured yesterday in a crash involving two motorcyclists on Otay Lakes Road in San Diego east of Chula Vista. CHP officers arrived at the scene at approximately 11:00 a.m. and spotted two motorcyclists down on Otay Lakes Road at the divider Creek Bridge, east of Interstate 94 and Chula Vista.

Tthe CHP reported that a 22-year-old active duty sailor was riding his motorcycle westbound and tried to pass a group of motorcyclists who were riding together. The sailor crashed head-on into another biker going in the opposite direction. Emergency crews performed CPR to revive the sailor, but unfortunately he was pronounced dead at the scene.

The other motorcyclist sustained leg and arm fractures, and was flown to Sharp Memorial Hospital.

Legal Rights

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. With over 28 years of experience litigating personal injury and wrongful death claims, Jason Kerckhoff can help you obtain the compensation you deserve.

Continue reading "Otay Lakes Motorcycle Crash Causes One Fatality ~" »