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.

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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.

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The Highway Loss Data Institute reports that a recent study determind that texting-related crashes did not decrease in those states which passed laws banning texting while driving. Rather, the texting bans were found to be associated with an increase in the number of insurance claims filed for collision damage in vehicle crashes.

The HLDI study compared collision claim rates in the months before & after texting while driving was banned in Washington, California, Louisiana, and Minnesota with the claim rates in nearby states that don't currently have texting laws. A previous HLDI study uncovered similar results for bans on driving while talking on a hand-held cell phone.

This evidence may indicate that texting laws are ineffective, and that other measures to decrease texting while driving should be explored.

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

Continue reading "Prohibition Of Texting While Driving Has Not Reduced Crashes ~" »

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.

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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 ~" »

KTLA News reports that a serious accident took place in Oxnard at the intersection of Vineyard Avenue and Simon Way at 12:07 p.m. on Tuesday, August 31st. A tow truck driver slammed into a 19-year old mother who was pushing a stroller with her two young children in it. The driver was charged with driving under the influence, hit and run, and mayhem.According to investigators, the defendant was making a left turn from westbound Simon Way to southbound Vineyard Avenue on a green light when he struck Ms. Lopez and the stroller. Ms. Lopez was knocked to the ground and the stroller was pinned under the tow truck. Both children were dragged in the stroller for about one-quarter mile, and sustained serious head injuries as a result of being dragged. Witnesses were able to chase down the tow truck driver and force him to stop a few blocks away.

45-year old Mehran Khamseh of Santa Barbara appeared in a Ventura County Superior Court last Thursday afternoon, and was charged with special allegations for inflicting great bodily injury on children under five, as well having been previously convicted of a serious felony. He is being held without bail in Ventura County Jail. Jail records indicate he is being denied bail due to both an immigration and parole hold.

In the meantime, Alma Lopez, her three-year-old daughter, and her one-year-old son remain hospitalized. Ms. Lopez was reported to be in stable condition at Ventura County Medical Center, while her children remain in critical condition at Cedars Sinai Medical Center in Los Angeles.

According to a statement released by Ventura County Supervisor John Zaragoza's office, they are hoping to open an account where donations can be made for the Lopez family.

Vehicle Versus Pedestrian Issues

Pedestrians are at great risk from inattentive motorists. This is further aggravated when drivers are intoxicated. Auto accidents and tow truck accidents involving pedestrians will in most cases result in serious injuries or death. Victims or their loved ones should seek the counsel of an experienced personal injury attorney to assist them with their financial recovery.

California 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.

Continue reading "Ventura County DUI Tow Truck Driver Injured Mother & 2 Children" »