June 20, 2010

Can an Insurance Company Hide Witness Statements?

What happens if you are involved in a car accident in California and the at-fault driver's insurance company takes recorded statements of witnesses to the accident? Can you review them during your personal injury lawsuit?

The California Court of Appeals recently ruled in the case of Coito v. Superior Court that such statements are discoverable and must be turned over to the other party. You can read more about this important California personal injury case law here.

June 17, 2010

Newhall Toddler Seriously Injured In Dog Attack

A 5 year-old toddler, Jose Sadino, was seriously injured in a dog attack at a Newhall apartment complex on June 11, 2010. According to the news stories, a vicious pit bull jumped out of a window and started attacking Jose who was playing with other children outside the apartment complex. Sadino’s mother, along with a few neighbors, intervened and made the dog go away. Los Angeles Sheriff’s officers took the pit bull into custody to determine if it had a prior bite history and whether the owner will face any criminal charges.

Jose Sadino sustained serious injuries, but thankfully none of them are expected to be life threatening. The owner of the pit bull may be held liable for the injuries caused and may have to compensate for the expenses involved. Clearly, the owner should have made sure that the pit bull was securely tied and that it was restrained. Dog owners have an absolute duty to make sure that their animals do not injure or kill others. Further, in a civil justice context, dog owners can be held strictly liable for any damage or injury caused by their dog.

We sympathize with Jose Sadino’s family and wish him a complete recovery soon. We hope that his wounds heal and that his scars, if any, can be treated and minimized. Jose Sadino’s parents can seek compensation for their medical expenses and suffering from the pet owner if this accident occurred due to his/her negligence. People who are injured in a dog attack need to know that they have certain legal rights that could help them come out of the accident, financially.

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June 16, 2010

Driver Under the Influence Collides with San Diego Firefighter Truck

Yesenia Mitre, 25, collided with a firefighters’ truck and left four firefighters injured. The truck was on its’ way to answer a medical emergency on the morning of June 13, 2010. According to reports, Mitre drove out directly in the lane of traffic the fire truck was travelling in close to Alpine in eastern San Diego County. Due to the collision, the fire truck lost control and hit a pole.

According to the San Diego 6 news report, Mitre was driving under the influence and was arrested. The four firefighters sustained serious injuries while Mitre sustained a broken wrist.

It is indeed an unfortunate thing that due to the negligent and intoxicated driver, the four firefighters were badly injured. It is absolutely insane that instead of giving way to the emergency truck, Mitre drove right into its path. Mitre will most likely be found to have violated California Vehicle Code Section 23152(a) which states that “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” Under California law, it is also illegal to drive a vehicle with a blood alcohol content of 0.08 percent or higher.

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June 15, 2010

Pedestrian Injured In Orange County Car Crash

A 74 year-old woman sustained serious injuries in a pedestrian accident on June 15, 2010 when she was hit by a Nissan Sentra. According to the news report submitted in the Orange County Register, the injured pedestrian was walking with her dog in the 3100 block of Yorba Linda Boulevard in Fullerton when she was struck by the car.

Police officials stated that the injured lady might have stepped into the westbound lanes to go around the car, which was coming out of an apartment complex driveway. The injured woman was taken to a nearby hospital where she was treated for her injuries.

We wish the injured pedestrian a speedy and complete recovery and hope that her injuries are not life threatening. Normally, California law holds that drivers must give the right of way to pedestrians in marked crosswalks and at an intersection. Under California law, an intersection is any place where two streets come together at a right angle. However, even given these protections (which are set forth in California Vehicle Code Section 21950) does not relieve the pedestrian from exercising reasonable care for his safety.

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June 15, 2010

Should Doctors Prevent Texting While Driving?

The New England Journal of Medicine recently published an essay where the writing doctor recommended that family doctors begin asking their patients whether they text and drive or talk on their cellphones while driving.

The San Diego car accident lawyers at the Jurewitz Law Group take a look at the essay here.

June 14, 2010

Santa Ana Hit and Run Car Collision Causes Injuries

A SUV driver was arrested and charged with hit and run causing injury on June 13, 2010, after he hit a sedan, leaving the occupants inside injured. According to the California Highway Patrol, this car crash occurred near Orangethorpe Avenue close to the northbound 57 Freeway (SR-57).

The SUV left the sedan in an upside down position at the incident scene and fled away from the scene. The driver of the SUV went west on Orangethorpe Avenue and was arrested as he drove on the southbound 57 Freeway.

We offer our sympathies to the injured victims and wish for their speedy and complete recovery. Injured victims can seek compensation for their medical bills and other relevant expenses from the SUV driver if he is determined to be negligent in causing this traffic accident. Regardless, it is inhuman to leave someone injured at the scene of an accident. There is no excuse for a hit and run accident. Not only is it a violation of California Vehicle Code Section 20001(a), but it is simply morally reprehensible that someone would cause such a major accident and then leave the scene of the accident.

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June 1, 2010

Florida Woman Killed in Santa Barbara Pedestrian Accident

Garcia Flores, 47-years old of Florida, was killed in a Santa Barbara pedestrian accident at Coast Village Road on May 27, 2010. Flores was walking across an intersection when she was hit by a mini-van.

The mini-van was driven by a 17 -year old driver who lost control of his van and struck Flores badly, throwing her more than a few feet away towards the intersection of Coast Village and Butterfly Lane, where she died immediately. The teenager told Police Officers that his van suddenly started to veer to the right, and when he tried hitting the brakes, they didn't work. He says that is when the van jumped the curb and hit Flores. Officials found drug paraphernalia and marijuana in the teen’s minivan, but it is not certain that he was under influence of any drug or alcohol.

We offer our condolences to Flores’s family and friends for such an irreparable and tragic loss. If the teenager is found to be under the influence of drugs, we hope that he is prosecuted as an adult to the fullest extent of the law. Regardless, if the accident was caused by the teenage driver, we hope that Flores’s family consults with a personal injury attorney and obtains key advice as to how to balance the scales of justice in this case. They will never be made whole—Flores is dead and cannot be brought back—but the civil justice system can at least help minimize some of the loss.

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