San Diego Personal Injury Lawyers Blog

KSWT News recently reported that an 81-year old El Centro pedestrian was transported from El Centro Regional Center to a San Diego hospital for his serious injuries.

The El Centro Police Department stated that Agustin Rocha suffered head trauma and a lacerated liver after being hit by a pick-up truck while he was crossing an intersection in his motorized wheelchair.

Mr. Rocha was crossing eastbound on Imperial Avenue when a pick-up truck driven by Jose Bayardo, who made a right turn from Bradshaw Drive onto southbound Imperial
Avenue, struck the victim.

The police are conducting an investigation to determine who is at fault.

Potential Causes Of Pedestrian Intersection Accidents

Driver inattentiveness is usually the cause of most pedestrian accidents. A high percentage of pedestrian injuries occur at dusk and night-time, when driver visibility is reduced. A vehicle traveling just a few miles an hour can seriously injure a pedestrian, or cause permanent disability or death. At Kerckhoff Law, APC, we handle pedestrian accidents caused by:

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 seriously injured or killed in an automobile accident in Imperial County? If so, you should consult with an experienced El Centro personal injury lawyer to find out what your legal rights are and what your next step should be.
Imperial County personal injury 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 An El Centro-Imperial Valley 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 El Centro 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 In An El Centro Accident?" »

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 ~" »

Drunk driving is one of the leading causes of auto accidents in the United States. That is why all fifty states and the District of Columbia have enacted strict drunk driving laws to deter impaired driving and punish offenders. Generally, the offense of drunk driving is defined as the operation, control, or manipulation of a vehicle, in a place accessible to the public, while under the influence of an intoxicating substance, such as alcohol or drugs. A blood alcohol concentration (BAC) level at or above .08% constitutes "per se" drunk driving in all fifty states, regardless of whether the driver's control over the vehicle is actually diminished by the presence of intoxicants in his or her blood.

Each year, nearly one-third of all crashes are classified as alcohol-impaired crashes. According to statistics published by the National Highway Traffic Safety Administration (NHTSA), almost 11,000 people were killed in alcohol-impaired crashes in 2009 - the most recent year for which comprehensive data is available. That means that someone dies every 48 minutes in the United States as a result of impaired driving. Family members of people killed in drunk driving accidents deserve compensation for the financial and emotional losses they suffer after losing a loved one.

On average, 1.5 million drivers are arrested for driving under the influence of alcohol or narcotics every year. In addition to the severe criminal penalties these drivers face, they may also be held civilly liable for any injuries caused by their reckless behavior. In some states, the individuals or businesses who served alcoholic beverages to the drunk driver may also be held legally responsible for any resulting injuries, particularly if alcohol was sold to an underage person or to a person who was obviously intoxicated at the time of sale.

Insurance companies use their vast experience and resources to obtain the lowest possible settlement in all impaired driving accident cases. That is why it is crucial to hire an attorney with experience in drunk driving accident cases in order to ensure that your rights are protected and that you receive a fair settlement for your injuries. If you have recently been injured or someone you love has been injured or killed in an accident caused by a drunk driver, you may have the legal right to obtain compensation. Drunk driving-related personal injury cases are usually quite complex. Our highly-qualified legal team at stands ready to help. Call us now at (866) 606-3059 for a free consultation regarding your case.

Continue reading "Drunk Driving In San Diego" »

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?" »

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.

Local news agencies have reported that a Cardiff-By-The-Sea woman was killed in a fiery weekend traffic incident that also killed a second person and injured three others. Christina Donaghy (40) sustained fatal injuries when the eastbound Porsche Targa convertible in which she was a passenger veered into a westbound lane at a high rate of speed. It crashed into an oncoming pickup truck on Manchester Avenue in Encinitas at approximately 8:00 p.m. Sunday.

Sherriff's report that Ms. Donaghy was ejected from the car and died at the scene. A second passenger, believed to be a 61-year-old man from Tahoe City, also died inside the crumpled sports car, which caught fire following the collision.

Paramedics airlifted the driver of the Porsche to UCSD Medical Center in San Diego for treatment of severe injuries. As of May 3rd, he remained hospitalized in serious condition.
Test results are pending regarding whether the Porsche driver was intoxicated at the time of the crash.

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The driver of the pick-up truck was treated at the scene for superficial injuries, while his female passenger was transported to a local emergency room for treatment.

Witnesses reported that the driver of the sports car was speeding at 70 to 80 mph just prior to the crash near MacKinnon Ranch Road.

Investigation Of The May 1st Encinitas Crash

Sheriffs 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 Porsche is ultimately found to be responsible, then that person will be liable for the damages caused to the victims and their families.

Wrongful Death Liability

When a person dies due to the negligence of another, his or her family would benefit from speaking to a 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 as to exactly what happened and who is responsible, as well as explain what the family members' legal rights and options are should they wish to pursue a wrongful death claim.

Continue reading "Cardiff-By-The-Sea Crash Kills Two People ~" »

CBS8.com reports that a 19-year-old Fallbrook teenager was critically injured in a head-on collision yesterday.

The crash occurred on State Route 76 just east of Gird Road at approximately 7:00 a.m. Saturday, according to the California Highway Patrol.

A 35-year-old Oceanside man told investigators that he was driving west in a Ford Ranger pick-up truck, when he lost control and veered into oncoming traffic. He crashed head-on into a Dodge Ram pick-up truck being driven by the Fallbrook man, who was transported to Palomar Medical Center. The victim was identified as 19-year old Conrad Murphy.

The Ford Ranger driver only suffered minor injuries. His truck was impounded pending the investigation.

Dangerous Roadway Crashes & Personal Injury Liability

CBS8news.com reports that the CHP is investigating the incident. When a person is injured due to the negligence of another, he and his family would benefit from speaking to a San Diego personal injury attorney about the incident and the liability issues involved. An experienced personal injury lawyer can get answers as to exactly what happened.

Damages In Motor Vehicle Claims

When someone suffers a personal injury, he will likely require medical attention and may need rehabilitation, all of which costs substantial sums of money. The types of damages that an injured person can recover are:

Continue reading "Fallbrook Teen Critically Injured In Head-On Crash ~" »

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.

10news.com has reported that a Carlsbad man has been arrested regarding the hit-and-run crash which occurred in Encinitas on Sunday, April 10th in the early morning hours.

James Steven Swarzman, 47, of Encino, was riding with two other cyclists about 1:00 a.m. when he was hit from behind near North Coast Highway 101 and Jason Street. He was airlifted to Scripps Memorial Hospital in La Jolla, but unfortunately, was pronounced dead three hours later.

The Sheriff's Department reported that 46-year old Joseph Ricardo Fernandez came forward last week to report that he believed he may have been involved in a recent traffic accident in the Encinitas area. He was interviewed by detectives and the front-end damage to his Dodge Ram 1500 pick-up truck was inspected.

The driver did not stop at the scene to offer assistance or to speak to authorities.

Wrongful Death Liability

In cases such as this, very often the at-fault driver was not paying attention, may have been distracted by cell phone use, or other possible scenarios. If it is determined that the truck driver was responsible for this fatal bicycle accident, the family of the victim may pursue a wrongful death claim against the driver.

A wrongful death attorney who has represented numerous victims can help the family through this difficult time, and hold the tortfeasor financially accountable for their loss in a wrongful death claim. The damages that are available to the family of the victim may include compensation for funeral and burial expenses, anticipated future life-time earnings of the decedent, and loss of love, care, and companionship.

Continue reading "Man To Be Arraigned In Fatal Encinitas Hit & Run Case ~" »

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.