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      <title>San Diego Injury Lawyer Blog</title>
      <link>http://www.sandiegoinjurylawyerblog.com/</link>
      <description>Published by Jurewitz Law Group</description>
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      <copyright>Copyright 2010</copyright>
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            <item>
         <title>Can an Insurance Company Hide Witness Statements?</title>
         <description><![CDATA[<p>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?</p>

<p>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 <a href="http://www.jurewitz.com/news/are-witness-statements-protected-by-attorney-work-product-privilege20100620.cfm">important California personal injury case law</a> here.</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/06/can_an_insurance_company_hide.html</link>
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         <category>New Case Law</category>
         <pubDate>Sun, 20 Jun 2010 10:13:23 -0800</pubDate>
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         <title>Newhall Toddler Seriously Injured In Dog Attack</title>
         <description><![CDATA[<p>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.</p>

<p>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.</p>

<p>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.<br />
</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/06/newhall_toddler_seriously_inju.html</link>
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         <category></category>
         <pubDate>Thu, 17 Jun 2010 19:09:34 -0800</pubDate>
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         <title>Driver Under the Influence Collides with San Diego Firefighter Truck</title>
         <description><![CDATA[<p>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.</p>

<p>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.<br />
 <br />
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.<br />
</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/06/driver_under_the_influence_col.html</link>
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         <category></category>
         <pubDate>Wed, 16 Jun 2010 18:55:29 -0800</pubDate>
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         <title>Pedestrian Injured In Orange County Car Crash</title>
         <description><![CDATA[<p>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.</p>

<p>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. </p>

<p>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.<br />
</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/06/pedestrian_injured_in_orange_c.html</link>
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         <category></category>
         <pubDate>Tue, 15 Jun 2010 21:32:36 -0800</pubDate>
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         <title>Should Doctors Prevent Texting While Driving?</title>
         <description><![CDATA[<p>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.</p>

<p>The <a href="http://www.jurewitz.com/practice_areas/auto-motorcycle-and-truck-accidents.cfm">San Diego car accident lawyers</a> at the Jurewitz Law Group take a <a href="http://www.jurewitz.com/news/can-texting-while-driving-be-treated-medically-san-diego-lawyer-att20100615.cfm">look at the essay</a> here.</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/06/should_doctors_prevent_texting.html</link>
         <guid>http://www.sandiegoinjurylawyerblog.com/2010/06/should_doctors_prevent_texting.html</guid>
         <category></category>
         <pubDate>Tue, 15 Jun 2010 19:52:30 -0800</pubDate>
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         <title>Santa Ana Hit and Run Car Collision Causes Injuries </title>
         <description><![CDATA[<p>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).<br />
 <br />
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.</p>

<p>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. <br />
</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/06/santa_ana_hit_and_run_car_coll.html</link>
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         <category></category>
         <pubDate>Mon, 14 Jun 2010 21:36:40 -0800</pubDate>
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         <title>Florida Woman Killed in Santa Barbara Pedestrian Accident </title>
         <description><![CDATA[<p>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.</p>

<p>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.</p>

<p>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.</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/06/florida_woman_killed_in_santa.html</link>
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         <category></category>
         <pubDate>Tue, 01 Jun 2010 20:58:36 -0800</pubDate>
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         <title>Women Injured In San Clemente Hit &amp; Run Accident </title>
         <description><![CDATA[<p>A woman was injured in a tragic Orange County pedestrian accident on May 14, 2010, at El Camino Real and Avenida Pico at San Clemente, when she was struck by a car while she crossing the street. Officials reported that the car driver, who was believed to be under the influence of alcohol, hit her and fled from the scene. </p>

<p>The victim was immediately taken to a local hospital where she received medical treatment for her injuries.  Police have described the hit and run vehicle as a Saab, but no one has been taken into custody as yet. </p>

<p>We hope that the driver is caught and brought to justice. There are few things worse than a person who causes a serious injury and flees the scene of the accident without helping the person they injured.  Before the accident, the driver was facing a driving under the influence criminal charge.  Now, after leaving the scene, the driver is now about to be charged with felony drunk driving and hit-and-run with injury.  California Vehicle Code 20001(a)  requires those responsible for causing an accident to remain at the scene until authorities arrive, to exchange insurance and contact information, and to assist the injury victim.   <br />
</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/05/women_injured_in_san_clemente.html</link>
         <guid>http://www.sandiegoinjurylawyerblog.com/2010/05/women_injured_in_san_clemente.html</guid>
         <category></category>
         <pubDate>Fri, 28 May 2010 22:08:28 -0800</pubDate>
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         <title>Orange County Girl Injured In Vicious Dog Bite Incident  </title>
         <description><![CDATA[<p>A dog bite attack in Lake Forest on May 19, 2010, left a six-year old girl seriously injured. The dog, which was described as a pit bull mix or a boxer, attacked the girl when she was playing in the driveway of her home. According to police, the dog pushed the child to ground and began biting her fiercely. </p>

<p>The mother of the girl was coming out of her house with her infant child and her 14-year old son at the time of the attack.  Despite her efforts and the help of a neighbor, the dog would not let go until her older brother jumped on the dog and punched it until it let go.  The mother took all her children inside only to emerge with a handgun and began chasing the attacking animal.  She chased the dog and shot it while it was on the porch.  The dog survived the gunshot, but thegirl sustained serious personal injuries including several bites on her leg, body, and face. The Police are currently looking for the dog owner to investigate why the dog was acting violently and why he was off leash and unsupervised at the time of the accident.</p>

<p>We hope that the young girl comes out of the shock and pain that this vicious attack and is not left with severe physical and emotional scars.  Dog bite attacks can be extremely traumatic to anyone—people are hardwired to generally like dogs and it is scary when they turn and injure a person.  However, as traumatic as it is for an adult, it is infinitely more traumatic for a child.  Dog owners need to know that under California’s Dog Bite Statute, they are strictly liable for any damage or injuries that their dog causes to another person provided that the injury victim is lawfully on the property at the time of the attack. <br />
</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/05/orange_county_girl_injured_in.html</link>
         <guid>http://www.sandiegoinjurylawyerblog.com/2010/05/orange_county_girl_injured_in.html</guid>
         <category></category>
         <pubDate>Tue, 25 May 2010 21:34:18 -0800</pubDate>
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         <title>Buena Park Pedestrian Accident Injures Orange County Teen</title>
         <description><![CDATA[<p>A teenager was injured on Tuesday in Buena Park when he was stuck by a 1996 Ford Ranger.  The injuries are believed to be minor to moderate.  The teenager sustained some cuts and abrasions and was treated at a local emergency and discharged.  </p>

<p>The accident happened at Knott Avenue south of the 91 Freeway around at 9:12 p.m.  Buena Park Sgt. Bill Kohanek stated that the 17-year old teenager was running towards a van parked on Knott Avenue that was about to pick him up.  He was accompanied by another teen and both boys were returning to the van after doing door-to-door sales.  The other teen made it to the van but the second boy was struck by the truck.  The van was scheduled to take them home somewhere in the Los Angeles area.</p>

<p>Police are still investigating the pedestrian accident.</p>

<p>Our office wishes the teen boy a speedy recovery and a healthy life ahead.  We should all be more careful and aware of our surroundings while walking on the road as we are more vulnerable to injuries from drivers who may not be looking out for pedestrians or bicyclists.  Drivers should also drive slow and carefully in residential and highly populated areas.  <br />
</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/05/buena_park_pedestrian_accident.html</link>
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         <category></category>
         <pubDate>Fri, 21 May 2010 07:53:39 -0800</pubDate>
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         <title>Woman Killed in Carlsbad While Crossing Train Tracks </title>
         <description><![CDATA[<p>A 51-year old woman was knocked down and killed by a freight train on May 18, 2010, while she was trying to cross the train tracks.  This pedestrian accident took place near Coyote’s Bar and Grill in Downtown Carlsbad near the Grand Avenue railroad crossing around 10:30 p.m.  </p>

<p>Officials stated that the train crossing’s guard was lowered and red light flashing when the woman went under rail and stepped onto the tracks. She put her arms over her head and was trying to exit the tracks when she was hit by a northbound freight train. </p>

<p>The victim is believed to have been arguing with her boyfriend and seemed to be taunting him when she jumped onto the train tracks. </p>

<p>We offer our condolences to the woman’s friends and family.  Our thoughts also go out to her boyfriend who, no matter how bad the argument, did not want to see his girlfriend die in front of him. We hope that this tragic accident serves as a reminder to everyone that trains are not to be toyed with.  They are extremely dangerous and cannot slow down or stop quickly to avoid people, cars, or bikes on the tracks.<br />
</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/05/woman_killed_in_carlsbad_while.html</link>
         <guid>http://www.sandiegoinjurylawyerblog.com/2010/05/woman_killed_in_carlsbad_while.html</guid>
         <category></category>
         <pubDate>Thu, 20 May 2010 21:58:33 -0800</pubDate>
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         <title>Woman Killed in Carlsbad While Crossing Train Tracks </title>
         <description><![CDATA[<p>A 51-year old woman was knocked down and killed by a freight train on May 18, 2010, while she was trying to cross the train tracks.  This pedestrian accident took place near Coyote’s Bar and Grill in Downtown Carlsbad near the Grand Avenue railroad crossing around 10:30 p.m.  </p>

<p>Officials stated that the train crossing’s guard was lowered and red light flashing when the woman went under rail and stepped onto the tracks. She put her arms over her head and was trying to exit the tracks when she was hit by a northbound freight train. </p>

<p>The victim is believed to have been arguing with her boyfriend and seemed to be taunting him when she jumped onto the train tracks. </p>

<p>We offer our condolences to the woman’s friends and family.  Our thoughts also go out to her boyfriend who, no matter how bad the argument, did not want to see his girlfriend die in front of him. We hope that this tragic accident serves as a reminder to everyone that trains are not to be toyed with.  They are extremely dangerous and cannot slow down or stop quickly to avoid people, cars, or bikes on the tracks.<br />
</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/05/woman_killed_in_carlsbad_while_1.html</link>
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         <category></category>
         <pubDate>Thu, 20 May 2010 21:58:33 -0800</pubDate>
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         <title>San Diego County Bus Crash Injures 11 Children </title>
         <description><![CDATA[<p>A school bus accident on the Campo Indian reservation has left eleven children hurt, according to San Diego County’s authorities. State Fire Department  spokesperson Mike Mohler said that the bus struck  a light pole at approximately 8 a.m. causing the bus to crash. Mohler said that all the eleven children were immediately taken to a local hospital and ten out of them have been released after treating their moderate injuries.   </p>

<p>According to the California Highway Patrol, this bus accident occurred in the parking lot of the reservation’s Golden Acorn casino.  The reservation is located about forty miles south-east of  Downtown San Diego. </p>

<p>Our office wishes for all the injured children to reach a full recovery.  It is hard to imagine that the bus driver failed to pay such attention to his job that the bus struck a light pole.  One would think that a driver charged with the safety of kids would be more careful while operating a vehicle.</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/05/san_diego_county_bus_crash_inj.html</link>
         <guid>http://www.sandiegoinjurylawyerblog.com/2010/05/san_diego_county_bus_crash_inj.html</guid>
         <category></category>
         <pubDate>Wed, 19 May 2010 21:06:19 -0800</pubDate>
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         <title>Fatal Los Angeles Pedestrian Accident Happens in Parking Lot</title>
         <description><![CDATA[<p>The Los Angeles Police reported that a man lost his life when he was hit by a woman driver who accidentally accelerated in a 7-Eleven parking lot. The pedestrian accident at Reseda and Burbank Boulevards around 9 p.m. on Monday, May 3, 2010, when the man was walking into the store to do some shopping.</p>

<p>Valley Traffic Division investigators remained at the car crash scene on Tuesday morning, more than five hours after the fatality to determine the cause of the traffic accident. The woman was found not to be driving under the influence of alcohol or drugs.  If that is the case, then the accident is most likely due to the pedestrian suddenly entering the path of the car, the driver being inattentive, or both.</p>

<p>We wish the family of the accident victim our prayers and condolences.  There is nothing worse than losing a loved one. Drivers should always be careful when driving to look out for pedestrians, skateboarders, or other possible sudden impediments to their car’s path.  Drivers should never assume that sudden danger will not prevent themselves.<br />
</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/05/fatal_los_angeles_pedestrian_a.html</link>
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         <pubDate>Thu, 06 May 2010 14:10:23 -0800</pubDate>
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         <title>Pit Bulls Maul Baby, San Diego Mother Prosecuted for Neglect</title>
         <description><![CDATA[<p>Carrie McKinney, a 22-year old San Diego mother lost custody of her 7-month old baby boy and possibly will face criminal charges for neglect.  Carrie left her baby boy strapped in a carrier on the floor at her friend’s place in Riverside County with two dogs.  The dogs, a 5-year old pit bull and an 8-month old pit bull mix both females, bit the boy in the groin area and ripped apart the baby’s testicles.  The baby has been admitted at Loma Linda University Medical Center for medical and surgical care and is with Child Protective Services.  The owner of the pit bulls has agreed to euthanize the dogs.</p>

<p>Our office wishes the baby a quick recovery and a healthy life ahead.  It is never advisable to leave babies unattended and the risk increases dramatically when there are dogs, especially dangerous dogs like pit bulls, or other animals around.  Parents must be very careful when leaving their babies unattended, which can lead to serious and fatal injuries to their loved ones.<br />
</p>]]></description>
         <link>http://www.sandiegoinjurylawyerblog.com/2010/04/pit_bulls_maul_baby_san_diego.html</link>
         <guid>http://www.sandiegoinjurylawyerblog.com/2010/04/pit_bulls_maul_baby_san_diego.html</guid>
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         <pubDate>Mon, 26 Apr 2010 21:48:19 -0800</pubDate>
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