San Diego Personal Injury Lawyers Blog

Do you have the appropriate amount of automobile insurance available to cover you in the event of an auto accident?

California automobile insurance laws require the owner of a vehicle to have a certain amount of liability insurance on one's vehicle (California Vehicle Code § 16020). Liability insurance provides compensation to another in the event that you cause an accident and are found to be liable to that person for damages.

The minimum amount of coverage required by California law is $15,000.00 (California Vehicle Code § 16056), but you can purchase higher amounts of liability insurance in order to protect your personal assets against the risk of higher damages being awarded against you in the event you cause another person serious injuries.

When Kerckhoff Law, APC represents a person who is injured in an automobile accident, one of the first things we do is determine all possible insurance coverage that is applicable. There are two categories of auto insurance: first party coverage and third party coverage. First party coverage covers you and your property (such as medical expenses, damage to your vehicle, and the insurance company's duty to defend you in the event that you are sued as the result of your operation of a vehicle, etc.). Third party coverage is for your responsibility to pay for injury caused to other people (and vice versa), whether in your vehicle, or in another vehicle involved in the accident. The coverage (and its exclusions) is set forth in your insurance policy. In exchange for the payment of a premium, the insurance company promises to provide compensation in the event of certain occurrences. Though a full recitation of insurance coverage and laws would occupy several large text volumes, the following is brief synopsis of the most typical coverage and issues. Among the various types of insurance coverage which may apply are the following:

California Vehicle Liability Insurance

As previously stated, liability insurance is required by law (California Vehicle Code § 16020). The liability portion of an insurance policy is used specifically for defending and settling any claims, or paying any judgments rendered against the insured in an automobile negligence claim. If you are injured by the negligence of a defendant, we will make a claim under the bodily injury liability coverage of the negligent defendant's insurance policy. Liability coverage is not health insurance, and it is not designed to pay for your medical bills as they are incurred. Instead, it is designed to be a one-time settlement or payment for all of your damages. Liability insurance minimums required by law in California (California Vehicle Code § 16056) are:

Fifteen thousand dollars ($15,000) for bodily injury or death of one person in any one accident.

Thirty thousand dollars ($30,000) for bodily injury or death of two or more persons in one accident, not exceeding the per-person limits above.

Five thousand dollars ($5,000) for injury to or harm to property of others in one accident.

Continue reading "Appropriate San Diego Auto Insurance ~" »

When a loved one's life is taken by the reckless or malicious conduct of another, did you know that you can file a wrongful death action and be entitled to financial compensation?

The damages you are entitled to recover in a wrongful death action are: (1) expenses incurred because of your loved one's death; and (2) a dollar amount decided upon by either a judge or a jury in order to punish the defendant.

Compensatory Damages In Wrongful Death Actions

Compensatory damages is money awarded to the victim's family to compensate them for:

Medical care

Funeral & burial expenses

Grief, stress, and loss of companionship

Income the victim would have earned had he/she lived

& Any other expenses brought about by the wrongful death

Punitive Damages In Wrongful Death Actions

A punitive damage award is money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it doesn't conduct itself in a similar fashion in the future.

Damages Limits In Wrongful Death Actions

There are certain limits on damages, which include claims by estates of persons killed on airlines while traveling between countries, and limitations of a person's workers' compensation insurance.

Continue reading "San Diego Wrongful Death Actions ~" »

According to KSWT News and News 13, the California Highway Patrol reported that two people died and four others were injured in an auto vs. auto crash on January 21, 2012 in Brawley, California. The CHP said that at approximately 1:00 p.m., a male driver in a gray Acura traveling westbound on Fredericks Road failed to yield the right-of-way to a Honda Accord containing five occupants traveling southbound on SR-86.

Anthony Aubry was booked into Imperial County Jail and is facing felony charges of gross vehicular manslaughter while intoxicated and drunk driving.

During the crash, the Honda overturned and rolled. An 18-year old male passenger from Riverside lost his life at the scene due to his injuries. The other passenger, the decedent's 9-year-old niece, was air lifted to Pioneers Memorial Hospital where she later unfortunately passed away.

The driver of the Honda and two remaining passengers were transported to nearby medical facilities for their injuries, which included a fractured neck, skull, and back.

Drunk Driving Liability Issues

Driving while drunk is a deadly problem in California. California DUI arrests trigger two separate cases: in court, and at the Department of Motor Vehicles (DMV). The criminal case filed against California DUI defendants consists of two different statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b). The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or "DUI" in California courts.

The second count, known as the "per se" charge, concentrates on whether the driver's blood alcohol content (BAC) was .08 percent or greater.

Legal Rights For Wrongful Death Victims

There are many issues to be faced & dealt with, and even more to be answered following the aftermath of this devastating event. The victims and/or their families are in a very difficult situation and need guidance. Guidance is available in the form of an attorney who is very familiar with the issues at hand, and has many years of experience handling cases for families involved with similar tragic scenarios.

Continue reading "Fatal Brawley Crash Kills Two & Injures Others ~" »

Being involved in a wrongful death situation can be extremely difficult for one to endure. Coming to terms with the loss of a friend or family member can be emotionally devastating regardless of the circumstances, but when the event was caused by the negligence or wrongdoing of another person or company, it can make the situation that much worse. If you are currently embroiled in a wrongful death situation or simply would like to learn more about the legal aspects of such a case, it is prudent to do as much research as you can, as well as to contact a qualified and experienced El Centro wrongful death lawyer.

What Is Wrongful Death?

To better understand when wrongful death is an appropriate description for a fatality, let's take a look at some of the factors and circumstances when it can occur.

For a situation to be deemed "wrongful death," there must be a responsible third party. This responsibility can be due to negligence or direct action intended to harm the victim. Not only can an individual be held liable, but a company can as well. For instance, there are numerous precedent cases in which the victims' families sued tobacco companies for not properly warning users about the dangerousness of their products.

When a wrongful death is caused by the negligence of an employee of a company, the company can be held legally responsible for the wrongful actions of its employee.

When a wrongful death is caused by an individual - whether a friend, co-worker, acquaintance, or stranger whose actions caused harm to the victim - that individual is liable for the results of his/her actions.

What Types Of Damages Are Available?

There are two types of damages one is entitled to in a wrongful death action: (1) the expenses incurred because of a loved one's death; and (2) an amount of money decided upon by either the judge or jury in order to punish the defendant. Typically, the heirs of the decedent (someone who has passed) are limited to compensatory damages, discussed below. However, in certain circumstances where the conduct of the defendant is particularly egregious, the heirs may be entitled to punitive damages (see below).

Compensatory damages are money awarded to the victim's family to compensate them for medical care, funeral & burial expenses, grief, stress, loss of companionship, income the victim would have earned had he/she lived, and any other expenses brought about by the wrongful death.

Punitive Damages are money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.

Continue reading "El Centro Wrongful Death Actions ~" »

The captain of the cruise liner that crashed into a reef off the Italian island of Giglio continues to fuel world outrage by changing his story yet again. Captain Francesco Schettino originally claimed that despite an audiotape directing him to return to his stricken ship by the captain of the Italian Coast Guard, that he did not, in fact, leave the ship. He now claims that he accidentally tripped into a life raft after the ship tilted sharply.

The most recent count confirms eleven deaths and twenty-one people still missing. Search operations were suspended when the ship tilted again from its rocky perch on a reef.

Continue reading "Cowardly Captain Of Costa Concordia Continues To Change Story ~" »

When a loved one's life is unfortunately taken by the reckless or negligent conduct of another, did you know you can file a wrongful death lawsuit and be entitled to financial compensation?

Wrongful Death Liability

If it is determined that an at-fault driver is responsible for the wrongful death of another, the family of the victim may pursue a wrongful death claim against the driver.

The damages you are entitled to recover in a wrongful death action include: (1) expenses incurred because of your loved one's death; and (2) a dollar amount decided upon by either a judge or a jury in order to punish the defendant.

Compensatory Damages

Compensatory damages are money awarded to the victim's family to compensate them for:

Medical care

Funeral & burial expenses

Grief, stress, and loss of companionship

Income the victim would have earned had he/she lived; and

Any other expenses brought about by the wrongful death

A wrongful death lawyer 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 "Fatal Motor Vehicle Accidents In San Diego ~" »

When a family member's life is unfortunately taken by the reckless or malicious conduct of another, did you know that you can file a wrongful death lawsuit & be entitled to financial compensation?

The damages you are entitled to recover in a wrongful death action are: (1) expenses incurred because of your loved one's death; and (2) a dollar amount decided upon by either a judge or a jury in order to punish the defendant.

Compensatory Damages

Compensatory damages are monies awarded to the victim's family to compensate them for:

Medical care

Funeral & burial expenses

Grief, stress, and loss of companionship

Income the victim would have earned had he/she lived

& Any other expenses brought about by the wrongful death

Punitive Damages

A punitive damage award is money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.

Continue reading "Wrongful Death Motor Vehicle Accidents In El Centro ~" »

Here in San Diego, many people walk on our sidewalks and roadways, both for exercise and for transportation. Safety should be the number one issue for drivers encountering pedestrians.

In 2008, according to the NHTSA, 4,378 people nationwide lost their lives in pedestrian-motor vehicle crashes. This equates to approximately 12 people killed every day, which is not a safe statistic!

Also in 2008, there were approximately 69,000 reported pedestrian injuries (one injury every 8 minutes). However, only a fraction of crashes causing pedestrian injuries are even reported by the police, so the true number of pedestrian injuries is unknown.

Who Is Killed In Pedestrian Crashes?

Some of the more noteworthy numbers or trends are:

Driver inattentiveness is the primary cause of most pedestrian accidents. As indicated above, a high percentage of pedestrian injuries occur at dusk and nighttime, when driver visibility is reduced. A vehicle traveling just a few miles an hour can seriously injury a pedestrian, or cause permanent disability or death. At our law firm, we handle pedestrian accidents caused by:

As with all modes of travel, there is some risk associated with walking. However, walking remains a healthy and inherently safe activity for millions of people every year.

Continue reading "San Diego Pedestrian Crash Facts" »

Those involved in a wrongful death situation will find it extremely difficult to endure. Coming to terms with the loss of a friend or loved one can be emotionally devastating regardless of the circumstances, but when the event was caused by the negligence or wrongdoing of another person or company, it can make the situation that much worse. Whether you are currently embroiled in a wrongful death situation or simply wish to learn more about the legal aspects of such a case, it is prudent to do as much research as you can, as well as to contact a qualified and experienced San Diego wrongful death attorney.

When Is It Wrongful Death?

In order to better understand when wrongful death is an appropriate description for a fatality, let's take a look at some of the factors and circumstances in which it can occur.

For a situation to be deemed "wrongful death," there must be a third party who is deemed responsible. This responsibility can be due to negligence or direct action intended to harm the victim. Not only can an individual be held liable, but a company can as well. For instance, there are numerous precedent cases in which the victims' families sued tobacco companies for not properly warning users about the dangerousness of the use of their products.

When a wrongful death is caused by the negligence of an employee of a company, the company can be held legally responsible for the wrongful actions of its employee.

When a wrongful death is caused by an individual - whether a friend, co-worker, acquaintance, or stranger whose actions caused harm to the victim - that individual is liable for the results of his/her actions.

What Types Of Damages Are Available?

There are two types of damages one is entitled to in a wrongful death action: (1) the expenses incurred because of a loved one's death; and (2) an amount of money decided upon by either the judge or jury in order to punish the defendant. Typically, the heirs of the decedent (someone who has passed) are limited to compensatory damages, discussed below. However, in certain circumstances where the conduct of the defendant is particularly egregious, the heirs may be entitled to punitive damages (see below).

Compensatory damages are money awarded to the victim's family to compensate them for medical care, funeral & burial expenses, grief, stress, loss of companionship, income the victim would have earned had he/she lived, and any other expenses brought about by the wrongful death.

Punitive Damages are money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.

Continue reading "San Diego Wrongful Death Claims ~" »

Being involved in a wrongful death situation can be extremely difficult for one to endure. Coming to terms with the loss of a friend or family member can be emotionally devastating regardless of the circumstances, but when the event was caused by the negligence or wrongdoing of another person or company, it can make the situation that much worse. Whether you are currently embroiled in a wrongful death situation or simply wish to learn more about the legal aspects of such a case, it is prudent to do as much research as you can, as well as to contact a qualified and experienced El Centro wrongful death lawyer.

When Is It Wrongful Death?

In order to better understand when wrongful death is an appropriate description for a fatality, let's take a look at some of the factors and circumstances where it can occur.

For a situation to be deemed "wrongful death," there must be a third party who is responsible. This responsibility can be due to negligence or direct action intended to harm the victim. Not only can an individual be held liable, but a company can as well. For instance, there are numerous precedent cases in which the victims' families sued tobacco companies for not properly warning users about the dangerousness of their products.

When a wrongful death is caused by the negligence of an employee of a company, the company can be held legally responsible for the wrongful actions of its employee.

When a wrongful death is caused by an individual - whether a friend, co-worker, acquaintance, or stranger whose actions caused harm to the victim - that individual is liable for the results of his/her actions.

What Types Of Damages Are Available?

There are two types of damages one is entitled to in a wrongful death action: (1) the expenses incurred because of a loved one's death; and (2) an amount of money decided upon by either the judge or jury in order to punish the defendant. Typically, the heirs of the decedent (someone who has passed) are limited to compensatory damages, discussed below. However, in certain circumstances where the conduct of the defendant is particularly egregious, the heirs may be entitled to punitive damages (see below).

Compensatory damages are money awarded to the victim's family to compensate them for medical care, funeral & burial expenses, grief, stress, loss of companionship, income the victim would have earned had he/she lived, and any other expenses brought about by the wrongful death.

Punitive Damages are money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.

Continue reading "El Centro Wrongful Death Claims ~" »

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 ~" »

California has a strict liability dog bite statute which states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including on or near the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342).

The dog owner is liable regardless of whether or not the dog had ever been vicious before and regardless of whether or not the owner had reason to believe the dog would behave in a vicious manner ~ the dog does not get "one bite free."

In dog bite cases, it is essential that prompt measures be taken to preserve evidence, investigate the incident in question, and enable physicians or other expert witnesses to thoroughly evaluate all of the injuries.

In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make him/her "whole"; however, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is the possibility that the party can also recover what are known as "punitive" damages. These damages are designed not for the purpose of making the injured party "whole," but rather, to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal which could cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical dog bite case.

Click here to review dog bite safety tips that we previously blogged about.

Continue reading "San Diego Dog Bite Injuries ~" »

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 ~" »

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?" »