San Diego Injury Lawyers Blog

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" »