San Diego Personal Injury Lawyers Blog

Have you or a loved one been seriously injured or killed in an accident? If so, you should consult with an experienced San Diego personal injury lawyer to find out what your legal rights are and what your next step should be.

San Diego personal injury attorney A. 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 a vehicle 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.

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.

The types of skills required to successfully handle a serious 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.

Toyota has announced another recall of 1.53 million cars globally. Of these, 740,000 are located in the U.S. The Lexus, Avalon, and other models are being recalled due to brake fluid and fuel pump problems. This recall is the latest in a string of "quality lapses" for the world's number one auto maker.

Toyota Motor Corporation is recalling about 740,000 cars in the U.S. and 599,000 in Japan. The remainder are in Europe and other markets around the world.

Over the past year, more than 10 million cars and trucks worldwide for a variety of problems ~ from braking problems in its Prius hybrid to faulty gas pedals and floor mats that can trap accelerators. In August, Toyota recalled 1.33 million Corolla sedans and Matrix hatchbacks in the U.S. and Canada because of the potential for their engines to stall.

This most recent recall involves a problem with the brake master cylinder which could lead to weaker braking power. Some models in Japan and elsewhere - but not in North America - have an electrical problem with the fuel pump which could cause the engine to stall. As of yet, no accidents have been reported from the two defects.

The recall decision was made under Toyota's new quality control regime which was implemented during the last several months in response to criticism that the company was slow in handling the onslaught of safety problems earlier this year.

Continue reading "Another Toyota Safety Recall Announced ~" »

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 ~" »

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 ~" »

During the past twelve months, Toyota has recalled over 15 of its Toyota and Lexus models for problems due to misshapen floor mats, sticking accelerator pedals, faulty engine control modules (ECMs), and malfunctioning braking systems. The recalls were prompted by hundreds of incidents involving the recalled vehicles nationwide, many of which resulted in serious injury and death.

To date, there have been 52 deaths linked to runaway Toyota and Lexus vehicles, and hundreds more injuries. In the wake of these recent product recalls, Toyota is facing a flood of product liability lawsuits filed by consumers who have been injured or whose loved ones have been killed as a result of the defects.

There is evidence that Toyota knew about the defects years before the company took any action to recall the vehicles. A recent CNN article suggests that Toyota warned dealers of the accelerator issues back in 2002 - seven years before the first recall was issued! The 2002 document is a technical service bulletin issued to all dealers in August 2002 and cites the throttle issue as an "electronic" defect, not a floor mat issue. Lawsuits filed in several states accuse Toyota of lying to consumers about the cause of the problem, blaming floor mats, defective accelerator pedals, and human error, instead of addressing the root cause of the problem - the electronics. The lawsuits claim that the throttle control system ~ the ETCS-i ~ should have included a safety feature that would force the engine into idle mode in the event of unintended acceleration. Toyota allegedly decided to sell the vehicles without the feature in 2001. The lawsuits claim that Toyota knowingly and unnecessarily placed consumers at risk of injury and death.

Critics have claimed that Toyota is giving consumers false assurances that the proposed fixes will correct the defects, claiming that the repairs do not address the real source of the problems. A recent class action suit claims that Toyota issued a floor mat recall and accelerator pedal recall with full knowledge that the defect was actually an issue with the electronics. In fact, many Toyota owners who have taken their vehicles to local dealerships for repairs are still reporting acceleration issues. Thus, the recall may not even address the continuing safety issues with Toyota and Lexus vehicles.

If you have been injured in an accident involving a recalled Toyota or Lexus vehicle, you deserve compensation for your injuries. An experienced Toyota recall attorney can help you accurately calculate your damages, including medical expenses, lost wages, physical pain, and emotional trauma suffered as a result of the accident.

Continue reading "Toyota Recall Litigation Continues ~" »

Have you or a loved one been seriously injured in an accident in Cardiff-By-The-Sea? If so, you should consult with an experienced, aggressive attorney to find out what your legal rights are and what your next step should be.

Choosing A Cardiff-By-The-Sea Serious 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.

Our Cardiff-By-The-Sea accident lawyers are experienced trial lawyers and have in excess of fifty years combined experience providing legal representation to serious accident victims in southern California, including San Diego, Riverside, San Bernardino, Orange, and Imperial Counties.

Continue reading "Cardiff-By-The-Sea Serious Accident Lawyers ~ Cardiff By The Sea Injury Attorneys " »

USA Today reports that a California lawsuit has unearthed "records of Toyota warranty repairs and customer complaints" showing "that the car company was dealing with cracking and breaking steering relay rods in the United States for at least 11 years before it recalled 330,000 pickups and SUVs in Japan to replace the rods - and 12 years before its 2005 recall of nearly a million similar trucks in the U.S. for the problem."

Therefore, the National Highway Transportation Safety Administration "has opened a probe demanding that Toyota explain why it waited nearly a year to recall" the vehicles after assuring the Administration that "after the 2004 steering rod recall in Japan that U.S. action was not needed."

Toyota has recently faced a dearth of claims and lawsuits both before and in the aftermath of its numerous safety recalls.

Continue reading "More Toyota Recall Issues ~" »

Have you or a loved one been seriously injured in an accident in Encinitas? If so, you should consult with an experienced, aggressive attorney to find out what your legal rights are and what your next step should be.

Choosing An Encinitas Serious 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.

Our Encinitas personal injury lawyers are experienced trial lawyers and have in excess of fifty years combined experience providing legal representation to serious accident victims in southern California, including San Diego, Riverside, San Bernardino, Orange, and Imperial Counties.

Continue reading "Encinitas Serious Injury Lawyers ~" »

The National Highway Transportation Safety Administration has raised the number of deaths associated with Toyota acceleration to 89. According to the AP, the NHTSA reported this week that 89 deaths in the past ten years can be attributed to "unintended acceleration in Toyota vehicles." Further, It states that according to the NHTSA: "From 2000 to mid-May, [Toyota] had received more than 6,200 complaints involving sudden acceleration in [its] vehicles. The reports involve 89 deaths and 57 injuries over the same period. Previously, 52 deaths were blamed on the problem."

Bloomberg News reports that yesterday in Los Angeles, Superior Court Judge Carl West heard arguments regarding whether 21 lawsuits should be grouped together (Toyota Motor Cases, Case No. JCCP4621, Superior Court of California {Los Angeles}). The cases include a class-action lawsuit brought by the Orange County District Attorney and a lawsuit by the family of a California Highway Patrol officer who died in a crash in San Diego. Judge West stated: "Lawsuits in California state court against Toyota Motor Corporation related to sudden acceleration of its vehicles should be coordinated so they can be handled more efficiently." He plans to recommend to the California Supreme Court Chief Justice that the lawsuits should be coordinated in either Orange County or Los Angeles, California. He also said he recommends the personal injury lawsuits proceed either as a separate group before the same judge, or in one group on separate tracks with the class-action lawsuits.

The world's largest automaker faces at least 228 federal and 99 state lawsuits, including proposed class actions, allegedly caused by sudden-acceleration incidents. On April 9th, the federal lawsuits were combined before U.S. District Judge James V. Selna in Santa Ana, California.

Lisa Gilford, a lawyer who represents Toyota, commented at yesterday's hearing that Toyota would prefer to have one coordinated proceeding for the state court cases in Orange County, because the federal cases are already there.

Continue reading "Toyota Deaths Now Total 89 ~" »

The American Association For Justice has authored a new report entitled "Driven to Safety: How Litigation Spurred Auto Safety Innovations."

The essence of the report is that in the aftermath of the Toyota sudden acceleration scandal, automobile safety is now a hot-button issue. Internal Toyota documents showed it knew about the potential defects, hid the defects from regulators, and even bragged about the money it was saving by limiting vehicle recalls. The fine levied against Toyota was the largest one ever against an auto manufacturer.

50 deaths and 8.5 million recalled cars later, the Toyota saga is yet one more example that regulation is an incomplete safeguard when auto manufacturers put their profits over public safety. The sad reality is that auto manufacturers have been doing this for decades.

Court cases from the 1960's began highlighting the dangers of auto design and the willful negligence of auto manufacturers in designing vehicles known to be unsafe. Since then, our the civil justice system has worked hand-in-hand with regulation to protect Americans, all the while spurring generations of safety innovations.

Ultimately, litigation will play a key role in identifying what went wrong with Toyota. These findings will aid legislators and regulators in protecting the American public in the future. By holding auto manufacturers accountable, the civil justice system will continue to spur safety innovations (as it has done for half a century).

The interactive car below reveals 11 safety innovations in automobiles where litigation played a critical role. This includes side impact design, gas tanks, seat belts, roof crush, tires, electronic stability control, door latches, illusory park, air bags, power seats, and power windows.

Continue reading "Driven To Safety ~ Auto Safety Innovations Spurred By Litigation" »

According to the New York Times (4/21/10), Toyota "has added another model to its long list of recalls, just hours after agreeing to pay the largest fine ever imposed by the government against an automaker." Toyota further said "that it would recall the Lexus GX 460 and the Land Cruiser Prado, which is sold abroad, to fix a problem with its stability control system that was first disclosed last week by Consumer Reports magazine." The recalls "cover 34,000 vehicles worldwide - of which 9,400 units are in the United States."
With regard to Toyota's agreement to pay the large fine for the sudden acceleration problem, Secretary LaHood stated: "Toyota has accepted responsibility for violating its legal obligations to report any defects promptly."

According to the National Law Journal (4/20/10), "A federal judge overseeing nearly 200 lawsuits filed against Toyota has appointed four lawyers as temporary lead counsel for all the cases and set May 13 as the first scheduling hearing. US District Judge James V. Selna of the Central District of California appointed three plaintiffs lawyers to serve as temporary lead counsel: Steve Berman, managing partner of Seattle's Hagens Berman Sobol Shapiro; Elizabeth Cabraser, a partner at San Francisco's Lieff Cabraser Heimann & Bernstein; and Marc Seltzer, a partner in the Los Angeles office of Houston's Susman Godfrey. The judge appointed one of Toyota's attorneys, Cari Dawson, a partner at Atlanta's Alston & Bird, to serve as lead counsel for the defense."

Continue reading "Another Toyota SUV Recall" »

An official (speaking anonymously) from Toyota said the company is planning to recall the 2010 Lexus GX 460 to address its potential roll-over problem. The recall affects about 6,000 vehicles that have been sold since the SUV went on sale in late-December 2009. Last week, Consumer Reports issued a "Don't Buy" warning of the 2010 GX 460, stating it was susceptible to rolling over.

No formal announcement has yet been made by Toyota.

On Monday, April 19th, the automaker also agreed to pay a record $16.4 million fine for failing to properly report a safety problem with defective gas pedals in its other vehicles.

Continue reading "Toyota Will Recall Lexus GX-460" »

According to Consumer Reports magazine, it has rated the seven-seat Lexus GX 460 SUV a "Don't Buy: Safety Risk." This is because the Lexus GX 460 has a roll-over risk. The magazine said that while testing the vehicle's performance during unusual turns, the rear of the vehicle slid nearly sideways before the electronic stability control system kicked in. Consumer Reports said that in "real world" driving, such a scenario could cause a roll-over accident. Toyota is temporarily halting sales of the SUV.

This is the latest blow to Toyota's tarnished reputation for safety. According to Toyota, it is concerned with Consumer Reports' findings, stating that its engineers will attempt to duplicate the magazine's tests to determine how to handle the problem. Toyota states: "Please keep in mind that the 2010 GX 460 meets or exceeds all federal government testing requirements. We take the Consumer Reports' test results seriously."

Toyota Motor Corporation has sold approximately 6,000 of the luxury SUVs since mid-December 2009. The Toyota vehicle recalls may continue to climb in number with this latest
finding.

Vehicle occupant safety is key. According to the Insurance Institute For Highway Safety, the largest number of motor vehicle crash deaths are occupants of passenger vehicles, including SUVs, trucks, and sedans. "The possibility of crash death varies markedly among these vehicle types, according to size. Small/light vehicles have less structure and size to absorb crash energy, so more injurious forces can reach their occupants in crashes. People in lighter vehicles are at a disadvantage in collisions with heavier vehicles. Pickups and SUVs are proportionally more likely than cars to be in fatal single-vehicle crashes, especially roll-overs. However, pickups and SUVs generally are heavier than cars, so occupant deaths in SUVs and pickups are less likely to occur in multiple-vehicle crashes."

Read more about the recall from 10news.com.

Continue reading "Lexus GX-460 Considered Roll-Over Risk ~ Sales Halted" »

As we all know, Toyota has been hit with an avalanche of lawsuits which could potentially cost it billions of dollars, following its worldwide recall of more than 8 million vehicles due to sudden unexpected acceleration. Approximately 6 million U.S. vehicles have been recalled.

52 deaths have been linked to Toyota accelerator problems, according to the NHTSA.
Toyota has placed the blame on floor mats that can snag accelerators or pedals that sometimes stick.

With a pending court hearing to occur on Thursday, March 25th, numerous attorneys converged on San Diego today to participate in the Toyota Recall Litigation Conference, a seminar organized by legal publisher HarrisMartin. Discussions occurred most of the day.

Tomorrow, a panel of seven federal judges (the U.S. Judicial Panel on Multidistrict Litigation) will choose whether to combine the over 100 pending Toyota class-action lawsuits and where to send the cases.

19 jurisdictions have been suggested for consolidation of the lawsuits, including two federal court districts in California, two in Florida, and two in New York; and districts in Arkansas, Georgia, Kentucky, Louisiana, Mississippi, New Jersey, Ohio, Pennsylvania, Puerto Rico, South Carolina, South Dakota, West Virginia, Wyoming.

Continue reading "Toyota Attorneys Gather In San Diego" »