San Diego Disability Injury Lawyer

Texting While Driving Injuries

November 27, 2018 Injury Lawyer San Diego 0

Any Distraction can Endanger a Driver’s Safety. However, Texting is the Most Alarming Because It Involves All Three Types of Distraction –Visual, Manual, and Cognitive.

5 Unknown Facts About Texting and Driving

Motor vehicle crashes remain the leading cause of death for American teenagers.

According to a survey conducted by the American Automobile Association and Seventeen magazine, almost nine in 10 teenage drivers (86%) have driven while distracted, even though 84% say they know they shouldn’t.

Because texting involves both physically taking the phone out, mentally thinking about, and reading the text, it is especially dangerous for young teens who are inexperienced and more risk-taking behind the wheel.

Source: National Highway Traffic Safety Administration (NHTSA)

The No. 1 source of driver inattention is the use of a wireless device.

Distracted driving is a growing problem on America’s roads, and the number of injuries and deaths will keep climbing every year unless drivers start educating themselves about safety regulations.

Text messaging has grown an almost 10,000-fold increase in 10 years and many drivers still continue to text even though they are aware of the dangers (Virginia Tech/NHTSA). Most of us have texted while driving; and though you may not have gotten into an accident, you probably drifted into another lane or had to make a sudden stop because you were distracted by the text message. Yet, we still make no efforts to stop.

Drivers who use handheld devices are four times as likely to get into crashes serious enough to injure themselves.

(Insurance Institute for Highway Safety)

In addition, drivers who are texting can be more than 20 times more likely to crash than non-distracted drivers. The National Safety Council estimates 25 percent of all crashes in 2008 involved talking on cell phones – accounting for 1.4 million crashes and 645,000 injuries that year.

As a response to these astounding numbers, California law passed the Wireless Communication Device Law (effective January 1, 2009) banning drivers from writing, sending, or reading text messages on a wireless telephone while driving, (California Vehicle Code 23123).

Driving while using a cell phone reduces the amount of brain activity associated with driving by 37%.

(Carnegie Mellon University)

Texting while driving involves three types of distraction: visual, manual, and cognitive. The process of reaching for a phone and reading a text message requires you to take your eyes off the road, taking hands off the wheel, and take your mind off what you are doing.

Using a cell phone while driving, whether it’s handheld or hands-free, delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of 0.08%.

Car and Driver Magazine was the first to put this to the text. Rigging a car with a red light to alert drivers when to brake, the magazine tested how long it takes to hit the brake when sober, when legally drunk at .08, when reading and e-mail, and when sending a text.

The results were frightening. The driver was slower reaching and braking while e-mailing and texting than he was while under the influence of alcohol. This proves that in some ways, texting while driving is more dangerous than drunk driving.

Source: University of Utah

Contact a California TWD Attorney

If you or a loved one are the victims of a car accident caused by a driver’s inattention, and especially while on the phone or driving, you deserve to be compensated for your sufferings, and you may need a lawyer to help you win your case. We have the experience and quality in serving San Diego County personal injury victims. Contact our personal injury office to set up a free consultation.

San Diego Wrongful Death Law Firm

November 27, 2018 Injury Lawyer San Diego 0

Money Can Never Replace the Hole Left Behind by the Loss of a Loved One, It Can Ease the Financial Pain that the Family Members Must Endure. We Can Help the Dependents Obtain the Monetary Help They Need.

Money can never replace the hole left behind by the loss of a loved one. However, justice and California law requires a negligent party to pay for all the damage they cause, including the death of another person. Making sure your family obtains full justice means receiving money that can ease the financial pain that the family members are burdened with after someone close has died.

In the event of a fatal accident in San Diego caused by the negligence of another, the surviving relatives of the deceased victim have the right to make what is called a wrongful death claim. In a wrongful death claim, the surviving family is asking for monetary damages for the loss of their loved one.

In the state of California, a wrongful death claim generally consists of four elements:

The death was caused, in whole or part, by the conduct of the defendant;
The defendant was negligent or strictly liable for the victim’s death;
There is a surviving spouse, children, beneficiaries or dependents; and
Monetary damages have resulted from the victim’s death.

Who Can Sue?

First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent.

If these claimants do not exist, then the next in line in order are the person’s parents, siblings, children of deceased siblings, grandparents, and then their linear descendants.

If none of these claimants exist, it can become a bit more complicated. The second group of claimants includes a putative spouse (someone who can prove that they were married to the decedent but not married by law), children of the putative spouse, stepchildren, and parents of the decedent.

When Must I File a Wrongful Death Claim?

Every state has a limit on the amount of time a person has to file a wrongful death lawsuit in court. In the state of California, the time limit, also called the statute of limitation, is about two years, with a few exceptions.

If you do not file your wrongful death action on time, you will be barred from filing it all together.

How Much and What Can I Sue For?

California law governs the amount of damages that can be recovered by beneficiaries.

Family members can sue for compensatory damages, which cover medical costs, funeral expenses, lost wages, grief, and loss of companionship.

Punitive damages may also be awarded in a wrongful death case if the defendant’s actions were particularly reckless and heinous. These damages are distributed among the survivors.

Contact a Wrongful Death Claim Lawyer

Because of the potentially high amount of monetary damages that can be recovered from a wrongful death claim, insurance will go to great lengths to defend themselves from these actions. It is best to have a dedicated wrongful death claim attorney by your side to make sure you get the best representation possible.

Our wrongful death claim lawyers will make sure you get the reparations you need and deserve. Contact our personal injury law office to set up a free consultation.

Avoiding Bicycle Accidents

November 27, 2018 Injury Lawyer San Diego 0

Safety Tips for San Diego Bicycle Riders to Avoid Common Accidents

In a city like San Diego, bicycle riders are abundant. Unfortunately, that also means that bike accidents are more frequent than in other cities. What can you, as a biker, do to help maintain safety and avoid getting hit by a car or truck? Of course, bike riders should take normal precautions such as wearing protective gear and reflectors to help other cars and vehicles see you on the road. If bicyclists routinely did this, the number of bike accidents would be greatly reduced.

There are other routine safety tips that bike riders should follow. If you’re riding at night, get a light. If you have a horn or other noisemaker, be sure to sound it to alert drivers of your presence. And you should be in the habit to slow down when nearing intersections in case you do not have enough time to take safe measures.

However, there are some bicycle crashes which can not be prevented simply by using the proper protective gear and safety equipment. Of these frequent bike accidents, there are several typical kinds which replay themselves over and over. Here are a few ways to avoid these common bicycle accidents.

The Right Cross

This bicycle accident happens when a bicyclist comes up to an intersection with a car approaching perpendicular to the bike on the right. Rather than wait for the bicyclist to cross the intersection, the car pulls out into the intersection and pulls out in front of the bike or “t-bones” the bicyclist when the car enters the nearest lane of traffic.

Many times, bicyclists ride as far to the right of their road as they can. However, when it comes to intersections, if you can come out a little further so that you are riding a car’s width away from the curb, it is much safer. That is because more car drivers are likely to look for cross traffic coming from the lane of traffic, compared to looking for bikes or cars near the sidewalk.

Door Collisions

If you’re riding on a street where cars frequent parallel park near the curbline, do not ride close to the parked cars. A lot of drivers will keep a car door open while they collect things or will unexpectedly open their door, which could lead to you crashing into the car door.

If you can safely move further to the left away from the parked cars without interfering with traffic, be sure to do so. Otherwise, slow down and drive your bike patiently. It may be inconvenient, but it’s better than getting in an accident.

The Right Hook

Often, when a bicyclist is going straight through an intersection, drivers try to overtake the bike rider and then make a right hand turn in front of them. This can oftentimes lead to the car driver miscalculating how far ahead he is from the bicyclist and making it more likely that the bike rider will collide with the vehicle making a right hand turn.

When approaching an intersection, it is helpful to ride in the street to avoid being put in this position. Riding in the sidewalk is not preferable. First, sidewalks are for pedestrians. But, more importantly, sidewalks make you much more invisible to the traffic than you would be if you were riding alongside a car. Be sure to ride to the left, a comfortable distance between the curb and right hand turn lane. If you take up a little more space, it makes it harder for vehicles to overtake you or cut you off. Glance in your mirror before crossing the intersection.

If you don’t have handlebar or helmet mirrors, they would be a wise investment.

While these are just a few of dozens of the typical bike accident scenarios, working to maintain your safety in these give you skills to deal with other typical accidents. Bike riders tend to be at a disadvantage when they are involved in San Diego car accidents and often times risk death. Err on the side of safety and keep San Diego a safe, bike-able city.

What are the Dangers of Long-Term Cortizone Injections?

November 26, 2018 Injury Lawyer San Diego 0

You or someone you know may have used cortisone injections to treat their joint pain following an injury accident. Over the years, cortizone injections have been proven to reduce pain and inflammation on people’s shoulder, knee, neck, and back injuries following an accident. However, the long-term use of cortizone injections also has harmful side effects that many people do not know about.

Our San Diego personal injury attorneys recently wrote an article about the benefits and potential dangers of prolonged cortisone injections on our injury accident website. Before you use this type of treatment, make sure you are informed of what the drug could do to you and what the risks and benefits. For more information, please read the full article.

Elderly Man Crashes Car Into La Mesa Store

November 26, 2018 Injury Lawyer San Diego 0

An unidentified elderly man crashed his car into the wall of Cost Plus World Market in La Mesa on November 17, 2010. The elderly car driver said that his foot hit the accelerator and the car went in reverse. It appears that the man did not realize that his car was in reverse and was attempting to drive forward. According to witnesses, the elderly car driver crashed into three mailboxes and parts of a concrete wall before his car came to rest against the wall.

The auto accident raises several concerns that are often mentioned about elderly drivers. Even assuming that the elderly driver did not realize his car was in reverse, why didn’t he remove his foot from the accelerator and apply the brake as soon as his car went backward? Why did it take a concrete wall to stop the vehicle? Presumably, if the car did not collide with the wall it would have kept on traveling and could have struck and killed or injured pedestrians or other motorists. Should elderly drivers be tested more frequently? Should elderly drivers be allowed on the road past a certain age? After their motor skills deteriorate to the point when they don’t realize which direction they are going? Or after they cannot apply the brakes quickly? These are legitimate questions but have to be tempered with the desire of elderly drivers to remain independent and be able to commute on their own as needed.

We are very thankful that no other motorist or pedestrian was injured in this La Mesa car accident.

Houston Personal Injury Attorney Makes Bet on Texas vs. Texas A&M Game with the Law Group

November 24, 2018 Injury Lawyer San Diego 0

As many of you may know Houston personal injury attorney and Vujasinovic & Beckcom founding partner Brian Beckcom is a third-generation Fighting Texas Aggie. Even though Brian went to “trade” school at the University of Texas (or t.u. and “The University of Texas School of Law” to Aggies), he claims he was actually educated at Texas A&M. Brian’s a maroon-blooded Aggie and season-ticket holder for the football games and has been since the day he graduated from Texas A&M.

The Texas – Texas A&M game is one of the oldest rivalries in college football. Traditionally played on Thanksgiving Day, the game pits two in-state rivals against each other and often pits friends and families against each other, at least on Thanksgiving Day.

Although the rivalry is pretty intense already, we’ve decided to bring it up a notch. Brian Beckcom, a Houston personal injury attorney, and the Law Group, founded and run by a Texas Longhorn fan and supporter, are placing a bet on this year’s game.

Whoever loses the game has agreed to change their Facebook avatar to the opposing school’s mascot for one week. Although this doesn’t sound like much, to a U.T. or Aggie grad and fan changing your Facebook logo to the opposing school’s mascot for even one millisecond is enough of public humiliation to cause teeth to grind, hair to fall out, and tears to shed.

Gig ‘em and Hook ‘em!

Carlsbad Hit-and-Run Car Accident Leaves Pedestrian Injured

November 23, 2018 Injury Lawyer San Diego 0

62-year-old George W. Brown was injured in a serious car wreck that occurred on November 20, 2011, around 3:15 a.m. in the 300 block of Carlsbad Village Dr. According to police spokesperson Josh Bubnis, Brown was found unconscious, lying on his side in the eastbound lanes of Carlsbad Village Drive.

Brown suffered serious head injuries and was immediately transported to Scripps Hospital in La Jolla for medical treatment. From the available information, it is unclear what led to this serious car wreck. The accident is under investigation.

The hit-and-run driver committed felony of leaving the accident scene and may be held accountable under California Vehicle Code 20001 (a) which states: “The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident.”

Meanwhile, the injured victim’s family members should immediately seek counsel from an experienced San Diego County pedestrian accident lawyer who would educate them about their legal rights. This lawyer may also help the victim obtain compensation for the losses occurred in this crash.

Our personal injury law office hopes that the injuries suffered by Brown do not prove fatal or have long-term effects.

Four Injured in San Francisco Cable Car Accident

November 21, 2018 Injury Lawyer San Diego 0

Four people were injured in a San Francisco cable car accident on the San Francisco Municipal Railway on November 21, 2009, when the cable car stopped without warning causing them to fall. The car stopped because a strand on the underground cable had started to detach. Cable cars use the cable to drive the cars along San Francisco’s many hills.

According to police, the injured people included the cable car conductor, gripman, and two other passengers. The initial investigation reveals that the cable car operator was unable to release the cable car grip from the partially torn cable and the conductor then asked central control to shut down the system. At the time of the accident, the car was headed to Fisherman’s Wharf.

At this time it is too early to determine whether a legal claim can be made on behalf of the injured victims. However, if the strand detached from the cable due to a manufacturer’s defect or poor maintenance, a claim may be successfully made.

If you or a loved one has ever been injured or killed in a San Francisco personal injury accident, contact San Francisco injury lawyer and the San Francisco, CA accident attorneys.

Slip and Fall Injuries: New Study Highlights Key Risk Factors Predicting Injury

November 20, 2018 Injury Lawyer San Diego 0

Slip and fall accidents commonly cause lower leg injuries when people fall unexpectedly and cannot stop themselves gracefully. The torque and force the fall put on their joints and bones can be severe and cause serious injury and pain.

In the medical community, the severity of a lower extremity injury stemming from a slip and fall accident is determined by several risk factors. Some people are more susceptible to leg injuries, such as a foot and knee injury from a slip and fall than others and it could affect your personal injury case.

Our San Diego slip and fall attorneys recently discussed a medical study at a personal injury law firm website which attempts to predict the severity of lower extremity injuries to predict medical treatment and prognosis.

Are You More at Risk for Suffering a Lower Extremity (Leg) Injury from a Slip and Fall Accident? A New Study Finds Key Indicating Factors.

Lower extremity (leg) injuries are frequently caused by slip and fall accidents. Slip and fall accidents most commonly lead to injuries such as muscle strains, contusions, and ligament sprains to name a few. The ankle, knee, and lower leg are the most common places for lower extremity injuries. Lower leg injuries are frequently treatable, but costly, and the worldwide medical costs for treating them are estimated at $1 billion a year. Because of the frequency and treatment costs of lower extremity injuries, researchers and clinicians have compiled a list of risk factors to help determine how severe the lower extremity injury is relative to the scope of possible leg injuries.

Some risk factors include: age, gender, menstrual cycle (in women), previous injury, inadequate rehabilitation (of a previous personal injury), acrobatic fitness level, limb dependence, flexibility, muscle strength/balance, reaction time, limb girth, postural stability, and anatomical alignment.

Leg injury risk factors help insurance adjusters, doctors, and attorneys determine the severity of the slip and fall accident which helps them access the compensation the injured person should receive. This is why every slip and fall case is unique. Since people themselves are unique, there is no specific rate that a person will get when they suffer a slip and fall accident.

If you have suffered a slip and fall accident that has caused a lower leg injury, including a foot and knee injury from a slip and fall, please be sure to see an orthopedic doctor, preferably a surgeon, as soon as possible to have your injury examined and to determine its’ seriousness. It would also be a good idea to gather all relevant facts available to you about your accident—gather all contact information for witnesses to the slip and fall, take pictures of the material or object you slipped or tripped on, and look around for any video cameras which may have captured the slip and fall. You should bring this information to an experienced San Diego slip and fall lawyer who specializes in personal injury cases, such as our lawyers, for a free consultation and help with getting the medical treatment you need and a guidance.

Dangerous Product Case Opinion Limits the Rights of Californians

November 17, 2018 Injury Lawyer San Diego 0

The California Court of Appeals for the Fourth Appellate District recently handed down a decision in the case of Gonzalez v. Southern California Gas Company that can only be described as questionable at best and destructive to the rule of law at worst.

A young girl died after her car hit a gas meter that was along the side of the road and not properly covered as required by federal law—a law that was created due to the foreseeability of accidents like this one. The jury ruled in her favor, but the Court of Appeals decided to reverse the verdict, leaving her family without justice. What makes it worse is that the Court decided NOT to publish their opinion for official review and authority—an indication that the justices may have realized that their ruling was unsupported by existing case law.

Our San Diego injury lawyer website recently wrote a brief article detailing the events of this defective products lawsuit and why this is important to everyone to read and understand. The Court decided not to provide the public with protections that previous courts and Congress had intended gas companies to install. Please read our article on this outrageous tort reform opinion for the full story.

The California Court of Appeals Recently Handed Down a Horrible Tort Reform Opinion Affecting All Californians Injured by Dangerous Products. Here is How this Court Ruling Will Limit Your Legal Rights.

Prior to the accident when the gas line was first installed, SCG was required by federal law to protect the gas line from foreseeable collisions. The tragic part of this incident is that had SCG protected the gas line as it was legally required to do so, the girl would have only suffered a cut lip. The case went to trial and the jury found that SCG had a duty to protect the victim by coving the gas line and that it’s failure to do so was a substantial factor in causing the girl’s death.

SCG predictably appealed this decision to the Court of Appeals in California. But in a shocking turn of events, the Court decided to overturn the family’s wrongful death verdict and stated that SCG did not owe a duty to protect the gas line. The court wrongfully stated that this type of collision was “not foreseeable,” therefore, the jury verdict was disregarded and SCG was not held liable.

What the Appellate Court did was wrong, and even worse, their decision runs afoul of previous California decisions. There are three separate cases that this Court decided to distinguish its’ opinion from, including the California Supreme Court opinion in Bigbee v. Pacific Tel. & Tel. Co., 34 Cal.3d, 49 (1983).

Most cases of this magnitude are published so courts and attorneys can cite to it. Case precedent is important because the public needs to know what the law is, and how courts interpret the law. However, in shocking fashion, this Court decided NOT to publish their opinion for others to see. It would be one thing for the Court to publish their opinion to the public and allow it to stand up to public scrutiny and review, but the Court (for whatever reason) decided a case that contradicts prior case precedent should not be published. My opinion is that the judges knew that their decision was wrong and without basis and they did not publish their ruling in hopes that it would not be challenged.

So why should this Appellate Court opinion matter to you? For starters, it proves that the Courts do not always do the right thing. Judges are humans too, so sometimes they do not always come to the right decision. This is why it is important that you hire an attorney that is willing to fight and speak out when a Court makes bad decisions.

Fortunately, the trial attorneys for the victim’s family is appealing the Court of Appeals ruling to the Supreme Court. We hope that the Supreme Court accepts their appeal and overturns this poor ruling.