Month: February 2018

San Diego Commercial Vehicle Accident Lawyer

February 8, 2018 Injury Lawyer San Diego 0

There are thousands of commercial vehicles on the road in San Diego County representing a variety of businesses including trash collection, construction, shipping, and delivery trucks. The drivers of these motor vehicles must obey the same rules of the road as any other driver and must drive carefully and reasonably. You can think of these vehicles as being a mobile company. I say this because the company will be held liable if their vehicle is involved in an accident. The actions of the employee driver are directly transferred to the company that owns the vehicle.

What is a Commercial Vehicle?

A commercial vehicle is any kind of vehicle that is used to solely for the benefit of a company or business.  The vehicle will generally be registered and insured under the company’s name, and not by an individual.  A commercial vehicle could be a truck, car, van, semi-truck, limousine, taxicab, or bus for example.

Who is Liable When a Commercial Vehicle Gets Into an Accident?

Of course, if you were the one responsible for the traffic accident, you will be the one who is responsible for paying damages.  But what if the commercial vehicle is the at-fault party?  In that case, the company or business will be liable for your injuries.  Even if the driver was the negligent person, the company will be the one who will cover your medical bills, loss of earnings, and pain and suffering. This bodes well for accident victims because the company or business generally has more money to pay a settlement than the individual employee.

How Can Our Lawyers Help?

The commercial vehicle accident attorneys are experienced in handling these types of claims.   In the past, we have been able to receive favorable settlements from the delivery companies for our clients’ personal injuries.  If you or a loved one has ever been involved in an accident involving a commercial vehicle, please call our law office for a free consultation.

San Diego Delivery Truck Accident Attorneys

February 8, 2018 Injury Lawyer San Diego 0

Delivery trucks deliver products and goods from sellers to customers. The most common delivery companies are FedEx, DHL, and UPS. Delivery trucks are bigger than your average car, and can cause a severe accident if they collide with your vehicle. If you are involved in an accident involving a delivery truck, make sure you are represented by an experienced delivery truck accident attorney.

Fortunately, our lawyers have handled several delivery truck accident claims. Attempting to settle with delivery companies is tough if you don’t know the process. We can help out with that.

Delivery Truck Accidents Can Seriously Injure San Diego Drivers. A Trained Lawyer Can Help Get the Compensation You Deserve.

Delivery trucks provide a helpful and necessary service for businesses selling and delivering their products to their customers.  When someone needs a product that is too large for the US Postal Service to carry, or they need their package urgently, people use delivery companies.  Although delivery trucks with UPS, FedEx, and DHL are beneficial, these delivery trucks can get into traffic accidents as well.  Be sure that you know your rights and how to contact if you are ever involved in an accident with a delivery truck.

Types of Delivery Trucks

The most common type of delivery trucks are those that deliver express mail.  UPS, DHL, and FedEx are the most frequently used express delivery companies.  These trucks are very large and heavy due to the large amount of mail they carry.  Because of this, injuries stemming from these vehicles can be catastrophic or even deadly.  Semi-trailer trucks (ie “18 wheelers”) are able to carry many types of goods due to their large storage space.  Because these semis are so large, a collision with them can be especially harmful.

Impact of Delivery Truck Accidents

Because delivery trucks are larger in size than your average car or truck, collisions with them are can be especially damaging.  Not only can a collision result in a total loss of your car, but your personal injures can be far more serious than a regular car accident.  If the delivery truck fails to yield the right of way or takes a sharp turn, the impact can be potentially devastating to a pedestrian or vehicle.
Main Causes of Delivery Truck Accidents
You can be involved in an accident with a delivery truck for a variety of reasons.  If the delivery driver is driving negligently and not paying attention while on the road, it could lead to an accident.  Also, if the driver is not careful when backing up, the driver could hit a pedestrian or car.
Large delivery trucks also require a lot of maintenance due to their large size and parts.  Delivery trucks often get into accidents because the company was negligent in maintaining their trucks.
Get a Free Consultation from Our Office
An accident involving a delivery truck can be pretty disastrous so it will be best to consult an experienced delivery truck accident attorney.  We are experienced in handling delivery truck accidents.   In the past, we were able to receive a favorable settlement from the delivery companies for our client’s personal injuries.  If you or a loved one has ever been involved in an accident involving a delivery truck, please call our law office for a free consultation.

San Diego Man Dies in Miramar Landfill Workplace Accident

February 8, 2018 Injury Lawyer San Diego 0

A San Diego man was killed on February 6 at the Miramar Landfill in a workplace accident when a forklift fell from a rental truck on top of him, crushing him. The man, Lee Haleem, was at the landfill because he was relocating his business and went to the landfill as part of his move.

He was backing the forklift from a rented truck when the forklift backed over the tailgate, causing it to tip over and crushing Haleem. He was taken to the hospital but was declared dead less than an hour after the industrial accident.

Defective Products: 4-Year-Old Mission Viejo Girl Dies in Washing Machine

February 7, 2018 Injury Lawyer San Diego 0

4-Year-Old Kayley Ishii of Mission Viejo, California was killed at her home after she climbed into a front loading washing machine which was then turned on by her 1-year-old brother. Kayley Ishii was inside the water-filled washing machine for approximately 2 minutes before she was found by her mother. She was taken to Mission Hospital Regional Medical Center but later died from her injuries.

It is unbelievable that a 1-year-old could turn on a washing machine without any assistance from an adult. However, the power button for the machine was located less than 20 inches above the ground and within easy reach of the toddler. That would seem to be a very reckless and negligent design defect for this product. Combined with the fact that children could easily climb inside it and you have a combination of tragically poor design defects.

If the product design is defective, California law requires that the manufacturer be “strictly liable” (meaning that they can be held responsible even though the manufacturer acted reasonably) for Kayley Ishii’s death.

We sent our prayers and thoughts to the Ishii family. Nothing is more tragic than losing a child, particularly under such tragic circumstances.

Southern California Roller Coaster Accidents at Amusement Parks

February 7, 2018 Injury Lawyer San Diego 0

We all love roller coasters. It is a fun way to spend the weekend with family and friends. Unfortunately, roller coasters and amusement parks have been the site of several tragic accidents that leave people severely injured, or worse. Therefore, it is important to follow safe riding practices while you are on a roller coaster.

But even the safest rider cannot prevent accidents that are beyond their control. We are experienced roller coaster accident attorney and can help you with your personal injury case. For more information about amusement park safety and how we can help,  call our office for a free consultation.

San Diego Bus Accident Lawyers

February 7, 2018 Injury Lawyer San Diego 0

With the increased cost of gas, millions of people decide to ride the bus every day. It is a cheap and efficient way to get to and from work or school. Many people fail to realize that a bus can get into accidents on the road. People suffer from injuries they get from riding on a bus more often than you think.

We are experienced San Diego bus accident attorneys. We know the proper steps to ensure you get the compensation you need after your accident. For more information about bus accidents and how we can help, please call our office for a free consultation.

Pfizer Recalls 1 Million Birth Control Packs after Manufacturing Mix-Up

February 6, 2018 Injury Lawyer San Diego 0

Drug Manufacturer Pfizer, Inc. issued a recall on February 1 of approximately 1 million birth control pills due to a manufacturing problem that led to pills in some of the packets being placed out of order. According to CBS News, the affected packets are Lo/Ovral-28 and the product’s generic equivalents, called norgestrel and ethinyl estradiol.

The company’s birth control packet contains 28 pills, with seven of the pills being placebos. The pills are ordered in a specific arrangement so as to mix in placebos with pills containing the active birth control ingredient. If three placebos are taken in a row, the protection of the pills will be negated. As the error in manufacturing the packets affected the order of the pills, consumers may be subjected to multiple placebos in a row, wearing off the birth control’s effects without their knowledge.

While approximately 1 million are included in the drug recall, Pfizer believes that only around 30 packets contain the flaw.

Affected packets are pink with either the drug’s brand name or generic name printed on them, as well as the name Akrimax; however, Pfizer’s logo does not appear on them. The recalled line has expiration dates ranging from July 31, 2013 through March 31, 2014.

We understand how even a small defect in a product that requires precise use, such as birth control, can cause major complications for consumers. If you or a loved one has suffered injuries or losses due to a dangerous or defective product, one of our San Diego defective product attorneys can aid you in seeking compensation from the at-fault company. Call us today for a complimentary consultation on your case by our experienced law team.

US Government Recalls Childrens’ Playsets Used in San Diego

February 6, 2018 Injury Lawyer San Diego 0

The US Consumer Product Safety Commission and Playland International of Carrollton, Georgia, announced a voluntary recall of Arch Swing Sets commonly used in San Diego County playgrounds.

The reason for the recall is that the metal around the welds on the top of the set frame can fail and cause the top bar to fall injuring children and bystanders.

The Arch Swing Sets were sold between September 2001 through May 2006 and are constructed of 3.5 inch metal frames that come in a variety of colors. Illustrative pictures are here:

If you are concerned that you, a neighbor, or a public park are using the Arch Swing Set after the recall, please let them know about it right away. If you want any more information or you have been injured by a defective Arch Swing Set, please contact the experienced defective product attorneys.

Santee Roadway Sign Encourages Drivers Not to Drink and Drive

February 6, 2018 Injury Lawyer San Diego 0

A new sign reading “Please Don’t Drink and Drive” greets drivers on state Route 125 in Santee, the legacy of a fatal drunk driving crash in 2009 that claimed one life and sent another driver to the hospital with serious injuries. The sign was paid for by the deceased driver’s family, who wanted a way to warn other drivers against causing these preventable car crashes and to remember their loved one.

The sign honors the victim of the 2009 crash, who lost her life when an intoxicated teen driver crashed into her vehicle. The teenager survived the accident, but suffered brain damage including memory loss and blindness in one eye. Now at the age of 21, the driver has joined the fight to eliminate drunk driving and encourage others to drive safe and sober.

Driving under the influence of alcohol or other drugs (DUI) in San Diego can carry both criminal penalties and civil ones. The families of a motorist, pedestrian, or other person killed in a drunk driving crash may be able to seek compensation in the form of a car accident wrongful death claim against the impaired driver who caused the crash. While financial compensation can’t restore a lost loved one to life, it can make planning for the future easier for those left behind.

If someone you love has lost their life in a drunk driving or other car accident, please don’t hesitate to contact our experienced car accident wrongful death attorneys in San Diego to learn more about your legal rights and options. Call us today for a free and confidential case evaluation.

Contingency Fees Preferred by Clients, Study Finds

February 6, 2018 Injury Lawyer San Diego 0

The Manhattan Institute is a conservative think tank that pushes a tort-reform agenda as it attacks plaintiffs’ attorneys for numerous evils, both real and perceived. One of the primary gripes tort-reformers have against plaintiffs’ attorneys is that the contingency fee agreements used so prevalently in litigation–a legal fee agreement where the client pays a percentage of any recovery to the attorney for his services–unjustly exploit clients who cannot afford hourly attorneys’ fees and thereby unjustly enrich attorneys at their expense.

So, it’s ironic that The Manhattan Institute’s PointofLaw website recently published a story describing the findings of a legal fees study performed by Israeli behavioral economists Eyal Zamir and Ilana Ritov. The study, titled, “Neither Saints nor Devils: A Behavioral Analysis of Attorneys’ Contingent Fees” found that–contrary to the beliefs of tort-reformers–the vast majority of litigation clients prefer contingency fee agreements to the traditional billable hour fee agreement.

The study reaches a number of conclusions, but the key conclusion is that clients are risk-averse. They prefer a fee arrangement where the attorney shares the risk of litigation with them, even if that means the client ends up paying more in attorneys fees for that service. The attractiveness of the contingency fee agreement is that if the client wins, he will recover monetary damages, and, if he does not win, he does not owe any money in attorneys fees (“heads I win, tails let’s call it even).

Think about the utility and value of the contingency fee agreement the next time you hear some tort-reform argument, or, worse yet, a tort-reform initiative seeking to ban the contingency fee agreement.