Month: May 2018

Pedestrian Struck And Killed In Los Angeles County Crosswalk Accident

May 9, 2018 Injury Lawyer San Diego 0

Aurelia Arciniega, 47, was struck and killed in a fatal Los Angeles pedestrian accident that occurred on May 4, 2011, around 6 p.m. in the 6300 block of Florence Avenue. According to Coroner’s Office Assistant Chief Ed Winter, the pedestrian was struck by a motorist in the Bell Gardens neighborhood of Los Angeles.

Arciniega was immediately transported to a nearby hospital for treatment and was later pronounced dead. From the limited information available, it is quite evident that the negligent driving of the motorist leads to this fatal car accident. From the facts set forth in the news story, it appears that the motorist failed to notice the pedestrian crossing the intersection in a crosswalk and hit her. This leads us to question his alertness while driving. Was the driver using a cell phone? Was he driving under influence? Did he do enough to avoid the accident?

In any case, striking a pedestrian legally in a crosswalk is negligence per se under California law. Under California Vehicle Code Section 21950(a), “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection….”

The pedestrian’s family members should consult with an experienced personal injury lawyer in Los Angeles to discuss their legal rights and options. An experienced lawyer can help the family obtain fair compensation to cover for funeral and burial costs, loss of future earnings, loss of love and companionship, and other accident-related expenses.

Our law office offers sincere condolences to all those who knew Arciniega for their loss. If it is found that the driver was operating his care illegally, either because he was driving under the influence of alcohol or without a valid driver’s license, we hope that he is prosecuted to the fullest extent of the law.

Tips for Southern California Pool Safety

May 9, 2018 Injury Lawyer San Diego 0

Southern California is a great spot for lounging by the pool or throwing backyard parties, especially in the warm summer months. However, swimming pools can also cause serious injuries and even death. Young children are especially at risk from swimming pool drowning injuries.

If you’re preparing a pool for summer fun, here are a few things to consider in order to prevent injuries.

  • Use a fence that goes all the way around the perimeter of your pool, hot tub, or both. The fence should have self-latching gates that small children cannot open on their own. Alarms on doors or gates leading to the pool offer an extra layer of protection.
  • Anti-entrapment drain covers prevent swimmers or their clothing from getting caught in drains, which can result in drowning.
  • Make sure pool and spa covers meet federal and state safety requirements, to decrease the chance that someone will get stuck underneath them.
  • Make sure everyone in the family knows how to swim. If you have family members who can’t swim, keep them out of the pool unless they are wearing personal floatation devices (PFDs) appropriate for their height, weight, and body size.
  • Have at least one family member take classes in emergency first aid and CPR. These skills help protect everyone in the family and can literally save a life.

Swimming pool-related injuries can be severe. If you or someone you care for has been injured in a swimming pool, the knowledgeable San Diego swimming pool injury lawyers can help. Contact us today for a free, confidential consultation.

Coast Guard Suspends Search for Missing Newport Yacht Race Participant

May 7, 2018 Injury Lawyer San Diego 0

The U.S. Coast Guard has suspended its search for the last of four boaters who were lost when the yacht they were racing collided with another object on the ocean, possibly a large ship. The other three boaters all lost their lives in the accident.

The suspected crash involved a yacht known as the Aegean. The yacht and her four crew members were competing in the Newport to Ensenada Yacht Race. The accident was discovered by two race employees riding in a safety boat, who first realized something was wrong when they came across shards of the yacht floating in the water, none more than six inches long. Once they came across a lifeboat with an identification number and the yacht’s nameplate, they were able to identify the lost vessel.

Two of the lost yachters were recovered by the team in the safety boat that discovered the accident and another was found by the U.S. Coast Guard. The fourth member of the yacht’s crew is still missing.

Investigators speculate that the yacht was hit by a larger vessel, such as a freighter. Other race participants had reported hearing a larger ship in the area near the time when the accident likely occurred.

Boating is a popular summer activity on southern California’s sunny ocean waters, but when something goes wrong, a fun trip or a challenging race can turn quickly into a tragedy. If you or someone you love has been injured in a boating accident, please don’t hesitate to call the experienced San Diego boat accident attorneys. Your initial telephone consultation is free and confidential.

Fatal Los Angeles Pedestrian Accident Happens in Parking Lot

May 6, 2018 Injury Lawyer San Diego 0

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.

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.

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.

Bad Owners Lead to Ban, Euthanization of Pit Bulls

May 5, 2018 Injury Lawyer San Diego 0

These are bad times if you are a pit bull, or own one, in Denver.

Scared by the damage that pit bulls can inflict when they attack, the City Council of Aurora approved a ban of new pit bulls within the city limits. Owners of existing pit bulls can keep their pet if the meet new rules, including a special, breed-specific licensing fee of $200, carrying $100,000 of liability insurance, be at least 21 years of age, and post warning signs in the front of their property.

With the exception of the breed-specific licensing fee, none of these requirements are outrageous. They are simply the minimum requirements of being a responsible dog owner–of any breed.

However, the ban is the result of not only urban myths about the breed, but, most importantly, bad owners.

So are pit bulls the product of the breed or bad owners? And who is responsible for the damages they cause–the dog or the owner?

First, let’s deal with the public’s fear of the breed. As many are aware, this muscular breed looks like this:

Quite menacing looking, huh?

But, if we’re going to condemn the big, muscular, adult version of the breed universally, then we also have to condemn these guys as equally bad:

Not ready to do that? Unfortunately, one of the consequences of Aurora’s ban is that pit bulls of all ages are being sent to the pound.

Even more unfortunate is that this breed has been the victim of poor owners and, in most cases that come into our office, completely irresponsible owners. It seems common sense that dog owners should keep their animals closed in their property, should carry sufficient insurance to pay for damages caused by their animal, and–if there are signs of prior aggressive behavior–place warning signs outside their property.

Yet, I can’t tell you how many times we have received telephone calls from the parents of small children who have been mauled by pit bulls owned by irresponsible owners who (1) let their animal wander the neighborhood unsupervised, (2) do not carry ANY insurance at all, and (3) do not take any extra steps to safeguard others after their animal had shown prior aggression.

Dog bites obviously aren’t limited to pit bulls. We’ve received a greater number of calls from dog bites from smaller dogs (chihuahuas, poodles, etc.) than pit bulls. The difference, though, is that the pit bull owners have been irresponsible almost to a man while the other dog owners possess insurance and supervised their dogs.

This is not an indictment of pit bull owners in total. Just a certain group of owners. The public should hold these owners to a higher standard of responsibility than they hold themselves. The public should also take a little time to find out about these often misunderstood animals.

But they should cut the animals some slack for the shortcomings of their owners.

Pedestrian Struck And Killed After Being Hit by Car in Sacramento

May 4, 2018 Injury Lawyer San Diego 0

An unidentified 29-year-old man fatal threatening injuries in a solo vehicle-pedestrian accident that occurred on May 4, 2011, at 9 p.m. on Watt Avenue in Sacramento. The California Highway Patrol Officers report the pedestrian stepped out into the traffic lane and was struck by a black Volkswagen Jetta driven by a 51-year-old Sacramento woman.

California Highway Patrol Spokeswoman Lizz Dutton said that the female driver stopped at the accident scene until the rescue crew arrived. Paramedics responding to the pedestrian accident immediately pronounced the victim dead.

From the limited amount of information, it is unclear what lead to this fatal car accident that took the pedestrian’s life. Based upon a reading of California Vehicle Code Section 21950, it is quite possible that both the driver and pedestrian may be responsible for this deadly pedestrian accident. Further, because the pedestrian may not be 100% at fault and the driver may not be 100% fault-free under their responsibilities set forth by California law, the family of the pedestrian may still be able to recover damages for the loss of their loved one in this accident.

The pedestrian’s family members should immediately consult with an experienced Sacramento pedestrian accident lawyer to obtain compensation to pay funeral and burial costs, loss of anticipated earnings, loss of love and companionship, and other accident-related damages.

Our personal injury law office offers our sincere condolences to all those who knew and loved the victim for such a tragic loss.

Former Chargers Linebacker Junior Seau Dead in Apparent Suicide

May 3, 2018 Injury Lawyer San Diego 0

San Diego NFL legend Junior Seau died early Wednesday, May 2, 2012, from an apparent self-inflicted gunshot wound to the chest.

According to law enforcement, Seau’s girlfriend discovered his bleeding, unconscious body at their Oceanside home. A 911 call was placed around 10am in the morning. Life-saving efforts were attempted but unsuccessful. The former San Diego Charger was pronounced dead at the scene.

Despite widespread rumors, a law enforcement official told reporters that there was no suicide note left at the scene.

However, it is believed that Seau’s suicide was caused by depression and mental impairment brought on by head trauma he endured during his football career. Head trauma is an unfortunately continuous tragedy among football players, who constantly endure multiple and repeated hits to the head.

Born and raised in San Diego, Junior Seau came to be a local celebrity. The 12-time Pro Bowl player started his football career at Oceanside High School and went on to play for the University of Southern California (USC) before being drafted into the NFL as a San Diego Charger.

The 43-year-old athlete is survived by 4 children and an ex-wife.

We are saddened by this loss and sends our condolences to Seau’s family, friends, and loyal fans. This is a huge loss to the San Diego community. He is and will forever be San Diego’s most renowned Charger.

Driver in Fatal Central California Tour Bus Crash had History of Prior Accidents

May 1, 2018 Injury Lawyer San Diego 0

You have likely heard about the recent deadly tour bus carrying tourists, mostly from France, from the San Francisco area down to Los Angeles, where they were due to depart back to France. The Orion Pacific tour bus had overturned on a highway overpass in Central California where four passengers were ejected from the bus as it lay in a wreck around 3:30 p.m. on Tuesday. There were five confirmed deaths from the bus accident.

A new detail reveals that the American driver, John Egnew, 69, of Corona in Riverside County, had been involved in another accident about three years ago. The Associated Press found evidence that in 2005, Egnew struck a 71-year-old woman in Las Vegas as she was crossing the street with her husband, leaving the woman with serious injuries. Egnew claimed that he didn’t see the pedestrian on the road.