Month: November 2018

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.

Recently, our office heard about an unfair decision involving a fellow San Diego dangerous products lawyer that was handed down by the Fourth Appellate District of the California Court of Appeals in the case of Gonzalez v. Southern California Gas Company. It involved a 17-year old girl who was killed when her car veered off the road and struck a Southern California Gas Company (SCG) unprotected gas meter which was located 11 feet, 4 inches from the curb along the road. Upon impact, the gas meter exploded and caused a fire that engulfed her vehicle. Although she was able to escape the burning vehicle, she later died from burn injuries which engulfed 80 percent of her body’s surface.

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.

What Good Do Personal Injury Lawyers Do For Society?

November 17, 2018 Injury Lawyer San Diego 0

Unfortunately, personal injury attorneys have a bad reputation with most people. Many see our role in the legal profession as greedy and vindictive people who chase ambulances in order to make money at the expense of our clients and society.

Not only is the stereotype false, but many people overlook all the good things that injury lawyers do. We are dedicated to our work and we are motivated by ensuring our client’s rights are represented so that they receive the compensation they deserve.

Our San Diego accident attorneys certainly do not fall under this poor stereotype. We recently wrote an article about the stereotypes about our profession, why they are not true, and why injury attorneys benefit the public.

Hot Topics in Personal Injury Law

As a nationally recognized personal injury attorney, I receive a number of lawyer newsletters from law offices around California and the United States.  I received one recently from Dallas personal injury lawyer Jeff Rasansky which had an article in it entitled, “Advocates or Ambulance Chasers.”  It really struck me with it’s honesty and truth about the good that injury lawyers do…and the negative public opinion they commonly face.

It’s no secret that personal injury attorneys have a bad reputation in our society.  We have all heard the various stereotypes and jokes about our profession.  These stereotypes are not only false, but they are damaging to our legal system and society.  The legal system is what people should turn to in their time of need.  It is their last avenue for appeal and redress when private parties and the government will not act responsible for their negligent acts.  And truth be told, the vast majority of personal injury lawyers are doing the right thing.  People that are involved in a car accident, motorcycle accidents, or injured by a defective product turn to lawyers every day because they know that an attorney will represent their rights, and not those of an insurance company.

So where do these negative stereotypes come from? 

The first source that comes to mind is the media.  TV shows, the news, and movies very often show lawyers in the worst light possible: as greedy and vindictive.  Also, some of the attorney advertisements by real life personal injury lawyers make it seem that attorneys are money hungry and that they convince people that they need an attorney.  However, most injury attorneys do not look at potential clients as dollar signs.  These money hungry attorneys are the minority.

Not only do injury lawyers help their clients in their time of need, but their work ensures that people live in a safe environment.  Corporations and people are mindful of what can happen to them if they decide not to behave in a reasonable manner.  Also, you have attorneys to thank for the various safety laws and regulations that we have.  These laws were enacted in response to negligent behavior, and these laws provide a standard which intends to keep the public healthy and safe.  

I can see why people think the way they do about personal injury attorneys since negative stereotypes are all around them.  While, it is true that “one bad apple spoils the entire bunch,”  you always hear about the immoral attorney who stole their client’s money on the news, but you NEVER hear about any of the positive things personal injury lawyers do for their clients.  

It also does not help that corporations and insurance companies also attempt to paint injury law firms in a bad light too.  However, it takes a lot of hard work and dedication to be an accident attorney.  In America, there are several ways to make a living and make money–people don’t have to be lawyers to make a lot of money.  In fact, many people chose to become personal injury lawyers because they want to help people.  Besides, corporations and insurance companies paint us in this bad light because we threaten them with lawsuits if they do not follow the law and when their insureds are careless and negligent.

There may be a time in your life when you are faced with a situation that will require you to hire an accident attorney.  You should not be just another number or case in your attorney’s file cabinet. You are an individual with your own worries and hopes about your injury claim.  

National Sleep Foundation Offers Tips to Prevent Drowsy Driving

November 13, 2018 Injury Lawyer San Diego 0

Falling asleep at the wheel causes one in every six car accidents in the United States, according to the National Sleep Foundation. That’s why the foundation is supporting National Drowsy Driving Prevention Week this November.

Most drivers are aware of the dangers of driving while drunk, drugged, or texting on a cell phone, all of which can cause a serious accident by taking the driver’s full attention away from the road. Most drivers also realize that it’s dangerous to drive when you’re too sleepy.

In a AAA Foundation poll, 96 percent of drivers who responded said that drivers should not be behind the wheel when they are too tired to keep their eyes open.

San Diego, CA Injury Accident Attorney Supports CAOC

November 12, 2018 Injury Lawyer San Diego 0

George Washington once said:

“Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all.”

Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California (“CAOC”) consolidates the voices of consumer attorneys throughout the state to (1) preserve and protect the constitutional right to trial by jury for all consumers, (2) champion the cause of those who deserve redress for injury to person or property, (3) encourage and promote changes to California law by legislative, initiative or court action, (4) oppose injustice in existing or contemplated legislation, (5) correct harsh, unjust and oppressive legislation or judicial decisions, (6) advance the common law and promote the public good through the civil justice system and concerted efforts to secure safe products, a safe workplace, a clean environment, and quality health care, (7) uphold the honor, integrity and dignity of the legal profession by encouraging mutual support and cooperation among members, (8) promote the highest standards of professional conduct, and (9) inspire excellence in advocacy. This post is a multi-blog effort to inform consumer attorneys about CAOC’s value and encourage participation in CAOC through membership.

CAOC works tirelessly to protect or advance those causes of import to consumers and their attorneys in California. Often those efforts, though valuable, receive little fanfare. For example, CAOC recently sponsored SB 510, which affects the re-sale of what are known as “structured settlements,” in which victims receive financial compensation over a period of time for medical expenses and basic living needs, as determined by a jury. Before SB 510 was signed by the Governor, Courts expressed frustration at their inability to prevent the sale of structured settlements on terms that might ultimately lead to long-term financial hardship for the victim. Now, SB 510 gives judges the information they need to make a reasoned decision about the propriety of a structured settlement sale.

Measures like CAOC-sponsored SB 510 help protect the most vulnerable members of our society and ask for nothing in return. They exemplify the spirit of CAOC. However, CAOC is only as effective in its mission as its membership allows it to be. When consumer attorneys join the ranks of CAOC, its voice gains in power and clarity. But if consumer advocates sit on the sidelines, hoping to benefit from the work of others, CAOC is stretched thin, and we are all at risk as a result.

Now, consumer advocate bloggers from across the state are combining their voices to call upon each and every lawyer and firm that regularly represents plaintiffs to join CAOC, thereby strengthening the consumer’s first line of defense. The blogs participating in this unified call to action are:

  • The Complex Litigator (H. Scott Leviant)
  • The UCL Practitioner (Kimberly Kralowec)
  • Bailey Class Action Daily (Matt Bailey)
  • California Employee Rights Blog (James J. Peters)
  • An Appeal to Reason (Donna Bader)
  • California Personal Injury and Insurance Blog (Jonathan G. Stein)
  • California Debt Blog (Jonathan G. Stein)
  • TrialLawyerTips.com (Mitch Jackson and Lisa Wilson)
  • California Injury Blog (John Bisnar)
  • San Diego Car Accident Lawyer Blog
  • San Diego Injury Accident Lawyer Blog
  • California Nursing Home Abuse Lawyer Blog (Walton Law Firm LLP)
  • San Diego Injury Law Blog (Walton Law Firm LLP)
  • California Personal Injury Law Blog (Norman Gregory Fernandez)
  • Biker Lawyer Blog (Norman Gregory Fernandez)
  • California Credit Law (Mark F. Anderson, Carol Brewer & Andy Ogilvie)
  • Lemon Law Blog (Mark F. Anderson, Carol Brewer & Andy Ogilvie)

Show your support of consumers’ rights by joining and supporting CAOC. Together we can make an impact that we cannot make alone.

Fatal Yucca Valley Car Accident Kills Woman

November 8, 2018 Injury Lawyer San Diego 0

54-year-old Deborah Ann Gerdes was killed in a fatal pedestrian wreck that occurred on November 5, 2011, around 6:40 p.m. on Highway 62 (SR 62) crossing at Geronimo Trail, Yucca Valley. According to San Bernardino County coroner, at least two vehicles struck her as she tried to cross the freeway.

Gerdes suffered life-threatening injuries and was pronounced dead at the accident scene. From the available information, it is unclear whether the victim had the right-of-way or was at a marked intersection. The accident is still under investigation.

The victim’s family members should immediately seek counsel from an experienced San Bernardino County pedestrian accident lawyer who would educate them about their legal rights. Gerdes’s family members may be able to file a wrongful death claim against the at-fault car drivers to obtain compensation to cover funeral and burial costs, loss of anticipated wages, loss of love, care and companionship, and other accident-related damages.

Our law office offers sincere condolences to all those who knew and loved Gerdes for such a heart rendering loss.

1 Worker Dead, Another Missing in Texas Sewer Line Work Accident

November 7, 2018 Injury Lawyer San Diego 0

One man was killed and another is still missing in a fatal work-related accident that occurred around 8 a.m. Thursday, November 3, 2011 in a Collin County suburb in Texas.

According to officials, the two contract workers from North Texas Municipal Water District went down into a 60-inch wastewater collection line to remove a clog. The sewer line was filled with poisonous gas fumes that killed one worker immediately. Neither was wearing respiratory devices.

Rescue crews pulled the worker’s body from the sewer pipe, but a second is still missing. Rescuers believe he was swept down the line, which runs several miles long. Investigations are underway and the crew plans to search various manholes to find the other worker.

Our personal injury office offers our deepest condolences to the family, friends, and coworkers of the victims.

We understand that this puts a huge emotional and financial burden on the victims’ families. They should immediately consult with a workplace accident attorney to learn about their legal rights and options. They may be able to receive workers’ compensation to cover the medical bills, funeral costs, and loss of love and wages.