San Diego Injury Lawyers Blog

Almost 500 people were affected by distracted driving in the space of about a week, and those are only the ones we know about. San Diego County sheriff's deputies teamed up with the California Highway Patrol to crackdown on distracted driving for almost an entire week. The result? Tickets were issued to 467 adults and three juveniles for driving while texting or talking on their cell phones. That was not all, officers did make note of more than 500 different times that drivers were seen violating cell phone related laws.

San Diego car accident lawyers are concerned about the prevalence of distracted driving and the amount of citations and observances made shows, very clearly, that distracted driving is a "traffic safety" matter to be very concerned about. The California State Office of Traffic Safety has also illustrated that accidents and injuries are four times more likely to occur to drivers who use hand-held devices! That is very troubling for anyone on the road. The irony is that drivers are aware of the high risk and they still take it! Many of the drivers cited during this weeklong crackdown indicated that they were aware that the crackdown was taking place and still they continued to use their hand-held devices. In that same survey issued by California's Office of Traffic Safety nearly 40% of drivers listed texting or cell phone use while driving as the #1 safety concern for drivers!

Minimum fines are $159 for the first offense, after that the fine jumps up more than $100 to $279. Officers offer a simple solution, if you absolutely need to respond to a text, or take a call while you are driving pull over or stop somewhere and park your car. Resume driving once you are done and can pay attention to driving, which is the way to insure safely arriving at your destination. Unfortunately, using a hands-free mobile device doesn't seem to lower the level of distraction when it comes to driving. Since July of 2008 California adopted a zero tolerance law for any driver under 18 years of age, absolutely no hand-held of hands-free mobile devices are to be used while driving. Drivers over 18 may use hands-free devices.

Continue reading "San Diego Police Are Taking Distracted Driving Very Seriously, You Should Too" »

San Diego has one of the largest ports for cruising so when news of the Costa Concordia accident came to San Diego many would-be vacationers were very concerned about their safety. Typically speaking, a cruise is a safe way to travel and enjoy a vacation, especially when compared to other more dangerous options. San Diego personal injury attorneys are aware that no event is ever 100% safe but with the reassurance of the United States Coast Guard anyone planning to cruise out of the San Diego harbors can rest assured that many people are working hard to avoid accidents taking place.

Because of San Diego's close proximity to Mexico and Hawaii many cruise lines depart from its harbors. The United States Navy has been helping keep the bay clear and safe for any cruise ship departing or arriving in the bay. They will actively deter or remove a potential hazard from the area. One Coastguardsman indicated that San Diego bay "is an excellent natural harbor with very little currents and very little hazards in terms of shoal water."

If you and your family are planning on vacationing aboard a cruise ship here are a few safety tips that can help you have a more relaxing trip. First, become familiar with the emergency procedures while aboard the cruiseliner. Know where evacuation areas would be and how to use safety equipment before the emergency takes place. Do not be afraid to ask questions or to report the incidence of a safety procedure that was not followed. Being proactive when safety is concerned is never a disappointment or inconvenience and if a member of the cruise's staff causes you to feel that way then seek out a member of the management team.

Continue reading "San Diego Travelers Being Reminded That Cruises Are Still Safe" »

The San Diego area has seen multiple gas line leaks recently. Many homes and businesses have been evacuated because of the dangers involved when a gas line is broken. Construction sites often pose a safety threat due to the various projects going on, equipment being used, and type of work being done. In each of the reports reviewed by San Diego injury lawyers construction workers were associated to the cause of the gas line leakage. Construction workers are not necessarily at fault because gas lines are typically not marked on an exact basis but without the help of the local gas company major problems can arise.

La Mesa residents were evacuated after construction workers hit a natural gas line. They could not return to their homes for an hour. Construction workers had one gas line marked in their plans but during the course of their work they struck a second line that had not been marked. The accident took place before 1pm and crews from San Diego Gas & Electric Co. were able to clamp shut the affected gas line in order to allow the evacuated residents back into their homes by 2 o'clock.

The day before the La Mesa evacuation a natural gas line was broken in the Logan Heights neighborhood and various businesses had to be evacuated. There was no digging involved in this accident. A construction worker reported they accidentally drove their vehicle into the above-ground pipeline that was connected to a building along an alley that is between Imperial Ave. and Commercial Street. This pipeline was also 3/4 inch and the accident took place around 9 a.m. but San Diego Gas & Electric crews were able to shut off the leak a little over an hour later.

A few weeks ago residents in Clairemont were also evacuated. A contractor hired by the city dug too deeply during their road work repairs and hit the natural gas line. The contractors had been trying to remove asphalt from the road on Gros Ventre Avenue. As in the La Mesa accident, the pipe hit was a 3/4 inch service line to a house. This accident took place in the morning and crews from San Diego Gas & Electric were able to get the line clamped before lunch time was over.

Continue reading "Gas Lines Cause Evacuations in San Diego Area" »

Distracted driving is a topic that is definitely gathering momentum throughout the country. Many state officials have taken the initiative to put into place legislation that would keep distractions at, hopefully, lower levels. For the District of Columbia and 28 states, a ban on texting while driving has been put in place. But the bigger the vehicle the bigger the harm done when an accident takes place. If the driver of an 18 wheeler is distracted while driving and ends up in an accident the injuries, and possibly fatalities, would be very serious.

Another move in the direction of decreasing distracted driving occurrences was when the Federal Motor Carrier Safety Administration implemented a ban on texting while driving for commercial bus and truck drivers. With the solid evidence against distracted driving and truck drivers there is no denying something had to be done. Truck drivers are up to 23 times more likely to be involved in an accident than truck drivers that do not text and drive. Alarming evidence such as this could have possibly led the Federal Motor Carrier Safety Administration's preventative steps. They do not want to stop there with their preventative measures. The Administration is hoping to invoke a ban on various activities, including the use of CB radios and dispatch systems, that also distract bus and truck drivers and could potentially lead to an accident.

Truck driving has begun to get more high tech with computers being used in the tractor-trailer cabs of the truck. The computers have the good intentions of being used to assist the drivers in keeping in touch with their trucking companies. The computers make it easier for the truck company to send companywide messages or relay orders, these kind of communications help the truck driver and company work more efficiently together. Even with the Federal Motor Carrier Safety Administration being aware of the texting while driving issue being a high priority the agency is still considering what needs to be done to limit other distractions. The computers in the cabs will be a topic to address.

Continue reading "San Diego Bus And Truck Drivers Are No Longer Allowed To Text While Driving" »

Every day we easily take for granted the things we use repeatedly, like power. San Diego personal injury lawyers have never seen anything like what happened in San Diego last Thursday when power was lost to millions of people in San Diego, Arizona and Mexico. Officials report that about six million people were without power causing chaotic circumstances to ensue.

The power outage caused public schools and higher learning campuses in San Diego to close for Friday. A few of the San Diego beaches were closed because of a sewage spill. Flights were grounded, traffic was obscene and the two nuclear reactors located in San Onofre were shutdown. Speculations arose that the black-out was part of a 9/11 plot but those were quickly put to rest when officials from Arizona's largest electric utility Arizona Public Service Co. released a statement that one of its employees was performing a routine shutdown of one of its capacitors after noticing it had an issue but something went wrong and power was lost. Officials at APS say that other protocols for back-up power should have compensated for the loss of power and are baffled as to why they did not.

San Diego and Mexico are serviced by APS through a transmission line and when the substation in Yuma, AZ went down the outage continued to this transmission line. Officials from the Federal Regulatory Commission and North American Electric Reliability Corp. have begun investigating the power outage alongside other federal and state power supervisors. Officials will focus on what events took place at APS setting off the power outage and why it had such a far reaching effect.

Continue reading "San Diego, Arizona and Mexico Black Out " »

The school year has begun and many children throughout San Diego are heading back to the classroom. Throughout California there are more than a million children who ride the bus to and from school each day and each year those numbers increase with the increase in school registration. There has been much debate over the safety of school buses and whether they should be equipped with seat belts. A petition was recently denied by the National Highway Traffic Safety Administration that called for seat belts in school buses.

The petition was filed by a coalition of safety advocates, doctors and more than 20 consumer safety groups. In their petition the coalition stated that buses need seat belts to keep children safe in the event of an accident. The petition was seeking to have seat belts become mandatory on each school bus across the country. To support their claims the coalition included information from two school bus accidents that took place where one bus had seat belts and the other did not. In 2008 there was an accident in Florida that involved a school bus that had been equipped with seat belts. There was just one child who suffered serious injuries. On the other hand, in 1996 a school bus accident took place in Arizona. During the accident the bus rolled over and because it had not been equipped with seat belts many children were ejected from the bus and one even suffered injuries that left them permanently disabled.

The coalition that filed the petition also included former recommendations that the National Transportation Safety Board suggested many years ago. Some of these recommendations included mandating that each school bus throughout the country have seat belts. To the disappointment of many, it appears that these recommendations have fallen on deaf ears.

Continue reading "School Bus Safety In San Diego And Other Cities" »

San Diego injury accident lawyers are sad to see the end of summer arriving so soon but the first thing that comes to mind with the beginning of the fall season is back to school preparations. The last thing a parent wants to think about when preparing for their child's or children's new school year, or even a daily day care routine, is an injury or accident taking place while their child is in the care of school officials or day care providers.

The unfortunate death of a three year old boy has led California officials to investigate the circumstances surrounding the alleged cause, ingesting a thumbtack, as reported by the Los Angeles Times. The child was attending a Montessori School in Oceanside when the injury accident occurred, this led to the initiation of an investigation against the school being initiated by the California Department of Social Services. School administrators were made aware of the accident when others at the school noticed the young boy was struggling to breathe and there was no recognizable explanation.

Soon thereafter the boy was taken to a nearby hospital to receive medical care. Doctors found a pushpin was blocking the airway although it is not clear to us if the doctors found it to be an internal injury or a choking accident. The boy's death was considered an accident in the official reports the medical examiners released. In view of the fact that this tragic accident happened at a licensed child care facility, State of California law obligates the California Department of Social Services to look into what took place leading up to the death of a young child in its care. The investigation is still under way although it is important to note that the Montessori School in Oceanside had previously been cited for non-compliance of safety guidelines and regulations.

Continue reading "San Diego County Boy Dies After Accident At Daycare Facility" »

Last week we spent quite a bit of time discussing the various forms of abuse that can become evident in a care giving relationship with an elderly individual. In this follow up post about Elder Abuse we will further discusses signs and symptoms and look at a recent example in the news. The National Center on Elder Abuse thoroughly discusses symptoms and signs to look for in each of the types of abuse we listed last week. Here are our top two or three in each category:

Physical Abuse

1. If a caregiver refuses to let the individual be visited alone.
2. Sudden change in behavior or physical appearance.
3. Reports of physical abuse being given by the elderly individual.

Financial abuse or fraud

1. Sudden or unexplained financial transactions taking place, i.e. adding/removing names on wills or bank accounts, transferring money to a nonfamily member, money or valuables disappearing without explanation.

Neglect

1. Persistence of health problems which are treatable.
2. Change in hygiene of the elderly person.

Emotional/Psychological Abuse

1. Elderly person becoming withdrawn or agitated.
2. A dementia-like behavior.

Sexual abuse

1. Developing genital infections or venereal diseases mysteriously.
2. Bleeding or bruising of genital area.

Healthcare fraud/abuse

1. Receiving duplicate billings on singular services.
2. A facility that does not answer questions adequately and is crowded.

Continue reading "Part 2: Elder Abuse Hearing Delayed in San Diego" »

Elder abuse is an extremely unfortunate event. San Diego personal injury lawyers are always saddened when there are reports of someone being taken advantage of, especially our wonderful population over 70 years of age. These individuals deserve the best care possible in their final years with family and friends. If you help care for an elderly loved one you can be actively involved in their safety and happiness by making sure no one is exploiting or mistreating them.

As adults become older many can develop mental illnesses such as Dementia or Alzheimer's. Some adults just encounter poor health and are weak and fragile in their later years. In circumstances like these they are not capable to defend themselves or even aware that they need defending. A person with malicious intent can see these people as easy prey and use them and their resources to do with however they please. Most often the abuse occurs in the residence of the victim, their personal home or maybe a long-term care facility, and it tends to be the victim's caregivers that inflict the abuse.

There are six types of elder abuse that caregivers and loved ones need to be informed of. These are listed in no specific order.

1. Physical abuse is pretty straight forward. Helpguide.org defines this kind of abuse as "non-accidental use of force against an elderly person that results in physical pain, injury, or impairment." Inappropriately using restraints, confinement or drugs can be classified under physical abuse.


2. Financial exploitation is abusive in that the victim has not authorized use of their financial assets, or has been led to believe they are financially doing one thing when in reality are doing something entirely different.


3. Emotional abuse can take place nonverbally and verbally in the manner in which the abuser acts around the victim. Nonverbal abuse tends to manifest itself in isolation, ignoring and/or menacing the elderly victim. Verbal abuse manifests itself in constant blaming, humiliating, or intimidating the elderly victim.


4. Neglect typically occurs in half the cases of reported elder abuse. When a care giver fails to comply with or carry out the care that is necessary to the individual in need means they are being neglected.


5. Sexual abuse is any unauthorized, nonconsensual sexual contact. Most people think this only involved the actual physical sexual acts but when a caregiver forces their victim to watch or look at pornography that is also sexual abuse.


6. Healthcare abuse and fraud is typically accomplished by the unethical treatment of medical personnel such as doctors and nurses. When a medical facility overcharges or double charges for services received it is abusive. When a doctor charges for healthcare that was not received, it is abusive. When Medicaid privileges are exploited, it is abusive.

Continue reading "Part 1: Recognizing Elder Abuse and What You Can Do" »

San Diego product liability lawyers have been following lead content legislation and noted that the U.S. Consumer Product Safety Commission (CPSC) voted 3-2 in favor of putting into operation a new lead content law, which would set the lead content limit at 100 parts per million. August 14th is when the new law will take effect. Reducing the content of lead in children's products has been a high priority for the Consumer Product Safety Commission. In 2008 a Consumer Product Safety Improvement Act, which mainly focused on the high lead content in quite a lot of children's products, was passed through the diligent efforts of the CPSC and provisions within that act made way for the new law.

Excessive lead content and the resulting dangers were unearthed in 2007 after various recalls were made of children's toys. Companies such as Mattel had manufactured many popular toys in China and high levels of lead were found in the surface paints coated on the toys, after they were sold in the United States. Any parent knows that the first thing a young child does when they receive a new toy is put it in its mouth, this is how the exposure happened. As a result there were many parents outraged that substandard and hazardous children's toys, and other products for children, containing dangerous levels of lead were being brought into the country by such well-liked companies like Mattel and other big U.S. toy retailers.

According to the American Academy of Child and Adolescent Psychiatry the potency of lead is a poison that widely affects all people but is especially toxic to the developing bodies and nervous systems of young children. Other than in children, severe injury and death is a higher risk for women who are pregnant and their unborn fetuses. Early effects of lead can manifest in children as hyperactivity, inattentiveness and irritability. Lead exposure has been linked to learning disorders, loss of hearing, growth delay, brain damage and in some cases death. Lead levels have repeatedly been lowered in attempts to reach safe levels. The CPSC was able to reduce levels to 600 parts per million in 2009 then to 300 and now to 100 ppm. Physicians can administer tests to determine if children have been exposed to lead.

Continue reading "Products For Children Getting Lower Lead Limit As Of August 14th" »

In April we shared news of a San Diego boating accident that ended with the loss of two family members. The family had gathered for a cruise of the harbor as part of the Heart of Sailing Foundation's program for individuals with special needs. Part way through the excursion the boat overturned, some say due to a heavy gust of wind, and everyone in the boat was thrown in to the water. Xingchao Chen, 73, and his son Jun Chen, 44, drowned before rescuers had the opportunity to pull them from the water. Harbor Police have been investigating causes for the fatal accident.

The Police have ended their investigation and the District Attorney has decided not to file criminal charges against the sailboat operator and founder of Heart of Sailing nonprofit agency George Saidah. Investigators determined that the main causes for the boat overturning were due to overcrowding which led to poorly distributed weight throughout the boat leaving it susceptible to capsizing. The boat did not appear to be properly maintained either, Harbor Police noted that the sail was being held together by staples and duct tape. These findings do not contribute to criminal charges, according to Harbor Police, but investigators did note that all individuals on boats should wear personal flotation devices or have them readily available.

Now that the criminal investigation has come to a close the attorney hired by the Chen family will be able to conduct an investigation with his private team of experts. David Casey, the attorney, expects to take a close look at the vessel, its design, how it was operated the day of the accident and see what conclusions can be drawn to assist the Chen family in recuperating from their loss. The Chen family is expected to file a civil lawsuit by the end of the summer.

Continue reading "UPDATE: No Criminal Charges For San Diego Boat Accident That Killed Father And Son " »

The Burn Institute defines a burn as "the destruction of skin cells, and sometimes the underlying structures of muscle, fascia and bone." Burns take place when the skin or other structures take in more heat than they can disperse. There are typically three degrees of burn destruction. A first degree burn only affects the outermost layer of skin. There is still pain, swelling and redness with these types of burns. A second degree burn is typically associated with blistering because not only is the outer layer of skin affected but the underlying layer of skin has also been affected. Again, pain, swelling and redness occur with the blistering. A third degree burn, or full thickness burn, affects the deeper tissues and typically the injured area is blackened or white, charred and possibly numb.

None of these burns are easy to endure, even more so if the burn covers a major area on the body. Almost a year ago a young man from San Diego, Derek Thomas, found himself a victim of a head-on crash that left him with burns covering 85 % of his body. When doctors began treating him they initially gave him a one percent chance of surviving the extensive injuries he suffered. He spent nearly a year at the Grossman Burn Center, four months of that time in a medically induced coma to "spare him excruciating pain." Through his diligent efforts, and the help of a well trained medical staff and support of loving family, he eventually was able to walk again and now he is headed home.

Three of the victims from the auto accident died at the scene, one was Thomas' girlfriend. One victim succumbed to injuries sustained in the crash two months later. A total of 15 people were injured. Thomas has already endured 42 surgeries but despite the odds is looking forward to getting back to his life plan of becoming a doctor himself one day.

Continue reading "San Diego Teen Heads Home After Surviving Near Fatal Burns In Car Accident" »

We at Johnson Attorneys Group already know the dangers involved when a person gets behind the wheel to operate a vehicle after they have been drinking. You don't even have to be a personal injury lawyer to know that is risky business. The California Department of Alcohol and Drug Programs estimates that 3 in every 10 Americans will find themselves involved in an alcohol-related accident during their lives! Each year thousands of American lose their lives because they or someone else was drunk driving.

Why does alcohol lead to so many accidents? Alcohol is known to be a depressant, meaning it slows down the ability of the central nervous system to function properly. This translates to a delay in normal brain function thus inhibiting that individual from functioning normally. Researchers have also found that alcohol affects an individual's hand-eye coordination and the information-processing skills a person has, otherwise known as their cognitive skills. The amount of alcohol consumed directly affects a person's ability to act in any given situation. Many people enjoy the loss of inhibition and mild euphoria they experience when drinking, but at what cost?

Unfortunately, its not just when an individual is behind the wheel of a motor vehicle when injuries related to alcohol consumption can be sustained. Just this week a man was injured while walking along San Diego railroad tracks with a friend late at night. A freight train traveling at about 5 miles per hour struck the man and he suffered severe injuries to both legs, the friend was not injured. The train operators were not aware they had struck anyone and continued on their schedule. Police officials indicated that the man had been drinking heavily before the accident.

Continue reading "Man Injured While Walking Along San Diego Train Tracks" »

A hit-and-run crash or accident is generally classified as a crash where one of the parties involved leaves the scene of the crash without offering help or exchanging necessary information to rectify damages due to the incident. A hit-and-run is most often thought to occur with automobiles but it can take place with a pedestrian, an animal, another person, an unattended vehicle, or even property such as a mail box. A hit-and-run does not determine fault but it can determine charges held against the party that flees the scene.

Unfortunately, another hit and run took place in Escondido this week. A young man, Miguel Angel Rojas, 18, was leaving his aunt's home early Sunday morning in a Dodge Caravan when a Lexus driven by Juan Carlos Carrillo, 20, crashed into him. The Caravan burst into flames and Rojas died from smoke inhalation and burns he sustained. Carrillo and his passengers, who have not been identified, fled the scene but left the Lexus behind. Carrillo was found roughly 15 hours later. He was driving without a license but officials will not be able to determine if he was driving intoxicated because of the time elapse between the accident and having him in custody. Carrillo is being charged with felony hit and run.

Charges related to hit-and-run accidents can result in a misdemeanor or felony. A misdemeanor pertains to a hit-and-run crash where there was property damage. A felony hit-and-run is considered when there is bodily injury or death involved. When assistance is not offered or help in the form of emergency personnel is not sought in a timely manner a felony charge may be considered. Consequences for these misdemeanors and felonies range from points on a driving record to heavy fines and jail time.

Continue reading "Escondido Hit-And-Run Crash Leaves One Dead And One In Jail" »

Drunk driving is often recognized as an individual driving with a Blood Alcohol Content (BAC) of 0.08%. In other words, 0.08% of an individual's blood has alcohol in it. That doesn't sound like a lot but we have seen what tragedies are caused by drunk driving. Not even one percent of a blood alcohol content level leads can lead to death if you're driving a car or other motorized vehicle. Now a new study suggests that 0.08% is too high.

Two University of California, San Diego Sociologists published a study in the journal Addiction that illustrates a need to take a closer look at what is considered drunk and how we can decrease the amount of injuries and deaths related to higher levels of intoxication. They studied data from injuries and accidents collected by the Fatality Analysis Reporting System (FARS) database. FARS has a record of each auto accident in the United States, from 1994 to 2008, that involved at least one fatality. Since FARS also had a record of the BAC for those drivers it was a thorough source for the study.

Continue reading "Pair Of UCSD Sociologists Determine Driving Is Impaired Even After One Alcoholic Beverage" »