San Diego Injury Law Blog

Veterans May Be At Increased Risk for Automobile Accidents Upon Returning Home

Fri, 11 May 2012 08:28:52 -0800

A unique study was conducted by USAA Property and Casualty Insurance Group, a major insurer of military families, to see whether there was an increase in at-fault automobile accidents of troops returning to the United States from deployment. According to an article in The North County Times, USAA compared the driving record for each member in the study for the six months prior to deployment to their driving record after returning to the States from deployment.

The insurance company started the study in January 2007, including 158,000 troops in their observations. Our San Diego car accident lawyer recognizes that studies such as this are extremely helpful in understanding the behavior of certain drivers in order to ultimately implement precautions with the objective of decreasing the occurrences of preventable automobile accidents.

After observation of Army, Marine, Navy and Air Force troops, the study revealed that members of the United States military returning to the States within six months from deployment had an increased likelihood of causing automobile accidents. Analysts, such as Todd Rockwood who is a professor of public health at the University of Minnesota, suspect that this increased likelihood is due to the significant difference in the state-of-mind that troops have in a war zone. More specifically, unlike the safer climate in the United States, troops are under the constant stress of operating survival methods in a treacherous war zone. Such a mindset logically affects driving habits in dangerous situations, causing an individual to be less prone to following basic traffic rules for the simple reason of being concerned with dodging attacks and staying alive. Professor Rockwood states, “Things like obeying traffic signals and coming to a full and complete stop – those aren’t good in a war zone. Moving targets are harder to hit.”

From the results of the study, one can surmise that war veterans have a difficult time transitioning from a war zone to normal conditions. This explains the increase in automobile accidents among troops who have returned to the States within six months of deployment. Our San Diego automobile accident attorney appreciates that it would be unreasonable to expect troops to immediately return to a normal mindset after having experienced the unforgiving conditions or a war zone for a long period of time.

Bradley Hammond, a retired Iraq veteran, addresses this phenomenon. When he returned to the States after his deployment in Iraq, Hammond continued to perform military tactics, forcing him to display erratic driving behavior due to his preconception that enemies were constantly following him on the road. Like Hammond, the large majority of troops who have returned to the United States from war zones exude unsafe driving habits. Such behavior can greatly increase the likelihood of automobile accidents, and the study by USAA has clearly shown the correlation between war veterans and automobile accidents.

The United States military makes great efforts in helping troops returning home from war zones in making a smooth transition to their safe environment. Although such measures make a difference in the reconditioning of troops, they do not have the power to completely change the state-of-mind of a soldier to one that is operating under normal conditions. Therefore, it is unlikely to prevent all unfortunate incidents, such as automobile accidents.

Although the total prevention of automobile accidents caused by war veterans is ideal, the reality is that such accidents cannot be completely avoided. Therefore, as the USAA study shows, we can expect an increased number of automobile accidents upon the return of troops from deployments, further causing an increase in the number of individuals who have suffered injuries and are in need of compensation to help in their recovery. Our experienced San Diego personal injury lawyer can provide the requisite advice needed to help protect the legal rights of individuals who have suffered injuries from any kind of accident.

See Related Blog Posts:

Insurance Risks with Car Renting and Sharing

Cell Phone Use While Driving a Growing Concern

Husband’s Bombing Scheme Causes Wife to Suffer Severe Injuries

Fri, 04 May 2012 06:38:23 -0800

A husband is on trial for the attempted murder of his wife. According to an article in UT San Diego, court proceedings began in El Cajon Superior Court on Tuesday, April 24, 2012. Events leading to this trial transpired on September 23, 2010, when Larry Hoagland’s then-wife, Connie, started the engine in her truck, triggering an explosion. Hoagland had planted a pipe bomb in her truck. He faces three charges related to using an explosive or destructive device in addition to the premeditated murder charge. Remarkably, Connie survived the blast, but she suffered serious injuries. Our San Diego persona injury lawyer recognizes that aside from the criminal charges, Hoagland also potentially faces a civil claim against him stemming from the severe injuries Connie sustained from the horrific incident.

The trial started with Deputy District Attorney Kurt Mechals explaining Hoagland’s motive for trying to kill his then-wife. Hoagland plotted to kill her because he was planning on leaving her to be with his mistress in Pennsylvania. Two weeks prior to the explosion, a pipe bomb was found in the middle of the street, coincidentally about a quarter mile from the Hoagland home. The device was programmed to diffuse remotely by use of a cell phone. Michels introduced evidence that connected Hoagland to the bomb. Hoagland’s wallet contained two pieces of paper that had phone numbers for the prepaid cell phones connected with the bomb written on them.

Furthermore, Hoagland’s computer activity at work reveals YouTube searches on bomb-making. These searches were conducted just weeks before the incident. Michels has also introduced evidence showing that just a few days before the bombing, Hoagland had purchased a part for the bomb at an electronics store. With this crucial evidence linking Hoagland to the bombing, it will be difficult for Thomas Palmer, Hoagland’s lawyer, to convince the jury of Hoagland’s innocence. However, Palmer has made an attempt, although weak, to counter-argue Michels’ assertion of Hoagland’s direct involvement in the incident. The crux of Palmer’s argument is that there are too many inconsistencies in the case, making it unjustifiable to place the guilt on Hoagland. One such inconsistency that Palmer asserts is that the two bombs that Hoagland is accused of building are different. With the weight of the prosecution’s evidence, it is unlikely that Palmer will sway the jurors to support Hoagland.

Since the bombing, Connie underwent seven surgeries. At one point, it was questionable as to whether she would be able to walk again. Fortunately, the recovery process proved to be better than the doubtful outlook. After the surgeries, Connie was able to walk again. Connie will suffer the negative effects of these injuries for the rest of her life. Due to the severity of her injuries, it is highly unlikely that she will ever be able to get back to the physical state that she was in before the incident. Our San Diego personal injury lawyer provides guidance for those like Connie who have been hurt in terrible accidents in taking the necessary steps to receive compensation to help in their recovery.

Although injured parties such as Connie will never enjoy the quality of life that they had prior to the incident, it is important that such individuals understand that they have options in the legal process that can possibly assuage their unfortunate situation. Our experienced San Diego injury attorneys at Walton Law Firm can certainly help protect the legal rights of victims who have suffered injuries in any kind of accident or even intentional misconduct, like this case.

See Related Blog Posts:

Could Oceanside Murder Have Been Prevented?

State Care Facilities Under Fire after Botched Investigation of Suspicious Death

Owners of Pit Bulls on Trial For the Fatal Attack of an Elderly Woman

Fri, 27 Apr 2012 12:09:22 -0800

Stemming from a San Diego dog bite injury case that occurred on June 18, 2011, Alba Corenlio and Carla Cornelio, owners of the pit bulls that mauled an elderly neighbor, are expected to stand trial for manslaughter, a felony charge of owning mischievous animals that caused a death and six misdemeanors relating to the attack. According to an article in the U-T San Diego, 75-year-old Emako Mendoza was viciously attacked by the two pit bulls when she went to the backyard of her home to get her morning newspaper. Mendoza lived next door to the Cornelios in Paradise Hills. The two pit bulls had gotten into her yard through a gap in the fence. After the attack, the two pit bulls and their three-week-old puppies were euthanized.

The attack was so severe that Mendoza’s left arm and leg left had to be amputated. The vicious attack had also caused her to suffer a heart attack. Months of rehabilitation did not improve Mendoza’s condition. She died on December 24, 2011.

This particular situation led Mendoza’s surviving family members to file a wrongful death claim. As our San Diego wrongful death attorney knows, the probable argument that the Cornelios will assert in defense to a wrongful death claim is that Mendoza’s death was not caused by the dog attack. Instead, they will argue that her death was likely caused by pre-existing conditions related to heart complications and her old age. Furthermore, the Cornelios will likely argue that the lapse in time from the date of the attack to the date of death proves that the dog attack was not the direct cause of Mendoza’s death. Therefore, because the element of causation is missing, Mendoza’s surviving family members shouldn’t successfully assert a wrongful death claim. However, the Cornelios argument will quickly be dismissed once results of the autopsy are admitted into evidence. The medical examiner determined that Mendoza’s cause of death was “complications of dog bite injuries.”

The Cornelios will likely pose another seemingly plausible argument in their defense. They will likely argue that they should not be held legally responsible for Mendoza’s death because pit bulls are domesticated animals, and the rule is that owners of domesticated animals cannot be held liable for injuries caused by such animals. Assuming that the court considers a pit bull to be a domesticated animal, the Cornelios may be successful in their argument. However, as our Escondido dog bite lawyer is well aware of tort law, there is an important exception to this rule. If the owner of a domesticated animal has knowledge of the animal’s vicious propensities, then he or she will be liable for any injuries caused. Earlier hearings in this particular case have revealed that the Cornelios had knowledge that the dogs were dangerous because they had attacked a man walking his puppy on Christmas 2010. Thus, the Cornelios desperate hope of being released of any legal responsibility will likely be dismissed.

As demonstrated by this particular incident, a seemingly simple case in actuality contains several strands of legal complexities. Therefore, it is important to have a Oceanside personal injury lawyer help protect the legal rights of those who have suffered injuries in any kind of accident. Please contact our personal injury lawyers at Walton Law for a free consultation.

See Related Blog Posts:

San Diego Dog Attack Leads to Death of Area Woman

Caltrans Worker Hit By San Diego Trolley Dies of Injuries

Bicyclist Killed After Being Struck by SUV

Fri, 20 Apr 2012 11:49:26 -0800

After being struck by a Chrysler sport-utility vehicle, a bicyclist was killed. According to a report from UT San Diego, the bicyclist has been identified as 63-year-old Charles Raymond Gilbreth. The accident occurred at 3:34 p.m. on Wednesday on Montezuma Avenue in the College Area. Both the driver of the SUV and Gilbreth were heading east on Montezuma. San Diego police Lt. Andra Brown stated that Gilbreth was in the bike lane when he was hit from behind. Although neither speed or alcohol were factors in the accident, the impact was substantial enough to give Gilbreth fatal injuries.

Like in many similar situations, our San Diego bike accident lawyer recognizes that the cause of the accident may have been negligence. Drivers have an obligation to adhere to a standard of care when driving. When drivers have poor judgment and fail to exercise safe driving habits, they have violated that standard of care and are thereby categorized as negligent drivers. From the information that has been disclosed thus far regarding this incident, it is possible that the driver of the SUV was not paying attention to the roadway when Gilbreth was struck. If the driver had been paying attention and exercising reasonable care while driving, the accident could have been prevented.

As mentioned in previous posts, San Diego wrongful death lawsuits are appropriate in situations such as these where a death would not have occurred had the responsible party for the death acted in a safe and reasonable manner. Surviving family members of the victims have standing to bring such lawsuits. Surviving family members who bring wrongful death lawsuits may have a difficult time receiving a favorable outcome from the court if the victim was also negligent during the incident. If the victim was also negligent, then this would create complications in establishing that the responsible party’s misconduct for the death was in fact the primary cause of the death.

In this particular accident, it appears from investigations that have been conducted thus far that Gilbreth exercised reasonable care since he was traveling in the bike lane when he was hit from behind. He did not put himself in the middle of traffic. Instead, he appropriately removed himself from the busy roadway and safely traveled in the bike lane.

Unfortunate situations such as these where personal injuries or even death result from preventable accidents are far too common in our area. It is important for those who have been hurt in these situations to take steps to receive basic compensation to help in their recovery. Our San Diego injury lawyer has the expertise and knowledge to help those who have suffered injuries in preventable accidents.

See Related Blog Posts:

Teenage Street Racing Crash Kills Two and Seriously Injures Two

Encinitas Wrongful Death Case Highlights How Damages Are Awarded

Teenage Street Racing Crash Kills Two and Seriously Injures Two

Fri, 13 Apr 2012 08:24:56 -0800

Two teenage drivers were involved in a street racing crash last week that killed two passengers and caused serious personal injuries to two other passengers. It appears that the accident is a result of reckless behavior, but no drugs or alcohol use is suspected.

The two vehicles that were involved in the street racing crash were a 1999 Volkswagen Passat and a Volvo. The driver of the Passat was a 16-year-old-boy whose name was not disclosed to the public. The 16-year-old teen was accompanied by four other passengers in his vehicle. The driver of the Volvo was 18-year-old Michael Johnson.

According to a report from UT San Diego, the 16-year-old driver of the Volkswagen Passat lost control of his vehicle during the street race with Johnson, causing the vehicle to flip several times. Authorities state that the Passat was exceeding speeds of 100 mph. As a result, two passengers of the Passat, 18-year-old Anthony Foreman and 16-year-old Jayli Campbell, were thrown from the vehicle and died. The other two passengers of the Passat suffered severe injuries.

Although this unfortunate occurrence was an accident, the two teenage drivers are not leaving this situation unscathed. After being notified of an arrest warrant, the 16-year-old driver of the Passat turned himself in on Thursday morning. He has been charged with vehicular manslaughter and participating in a speed race resulting in personal injury. Johnson, the driver of the Volvo, is also experiencing the legal ramifications of his reckless behavior on the roadways. He was arrested at the scene of the accident and plead not guilty on Thursday.

Our San Diego car accident lawyer knows that when driving on our area roadways, there is always a potential risk for an unwanted accident to occur. Of course, that potential risk is increased if reckless and negligent driving is exercised. Certain car accidents, such as the street racing accident discussed here, can be prevented if the involved drivers exercise the requisite reasonable care so as to put others on the roadway (and in their own car) out of harm’s way. Exercising reasonable care while driving involves adherence to basic rules, such as obeying the traffic signals and signs, driving at a safe speed, and being aware of the surroundings at all times.

Unfortunately, some drivers—particularly younger, inexperienced drivers—fail to obey these simple rules, creating a hazard for everyone, including themselves. These situations case deaths, serious injuries, and have criminal consequences. In addition, the civil law also holds individuals responsible for their conduct if it causes harm to others. San Diego wrongful death lawsuits are often appropriate when the misconduct of others results in a death that wouldn’t have occurred otherwise. These are suits that are brought by the surviving family members of the victims.

In the event that you are the victim of an automobile accident or any other accident causing personal injury, please contact our North County San Diego personal injury lawyers at Walton Law Firm. We offer free consultations for individuals who have suffered injuries in all types of accidents.

See Related Blog Posts:

Two Teens Suffer Major Injuries in Separate Crashes on Highway 76

San Diego County Truck Accident Kills Two On Interstate 10

Lawsuit Against City of San Diego Filed After Boy Loses Leg

Fri, 06 Apr 2012 11:38:42 -0800

Our San Diego injury lawyer knows how dangerous the streets of our city can be, especially for children. Roadways are full of cars, motorcycles, trucks, and delivery vehicles during the day and night. Unfortunately, the people driving these vehicles do not always follow the road laws carefully. That is why car and trucks accidents remain one of the leading causes of death and serious injury for young community members. In the vast majority of cases these accidents can and should have been prevented. Car accident lawsuits result when local drivers fail to act reasonably causing an accident that hurts others.

For example, last November the driver of a city garbage truck attempted to make an illegal turn by pulling into another lane and then moving in reverse through the intersection. According Channel 10 News out of San Diego, as the driver attempted to change course with his oversized vehicle, truck struck a 9-year-old boy named Luke Acuna, who was riding his skateboard home from school. The collision resulted in the boy losing one of his legs.

Now, several months later, as medical bills continue to pile up for Luke's family, his parents are filing a lawsuit against the city of San Diego in an effort to get compensation for Luke's injuries, as well as some assistance with the huge financial burden that he and his parents will now have to bear. An attorney for the family estimates that over Luke's lifetime, his care will cost millions of dollars. This will include things like surgeries, medications, in-home care, rehabilitation, and hopefully, one day, a prosthetic leg for Luke. In addition, his family may have to move to another house or at least make modifications to their home in order to allow him to get around in a wheelchair. While they are hopeful that one day Luke will be fitted for a prosthetic leg, his injuries were such that he may not ever regain enough control to be capable of using one.

As our San Diego county negligence lawyer can tell you, suing a government entity in California is not as simple as suing an individual or a private company. Because of the doctrine of sovereign immunity, governments can determine what they will and will not allow citizens to bring before a court. California negligence law requires the injured party to file a special claim with a government entity before filing a lawsuit. The claim must be filed within six months of the injury, even where the statute of limitations for filing suit is longer. Once the special claim is filed, the government must respond within 45 days. If the claim is accepted, then a settlement will typically be reached. However, if the government rejects the claim, as the city of San Diego apparently did in this case, then a lawsuit can be filed. Failing to follow these steps to the letter can result in your claim being barred, so it is very important to speak to an injury attorney well before the six months have passed.

See Our Related Blog Posts:

City of San Diego Pays $1.8 Million in Motorcycle Accident Case

Caltrans Worker Hit by San Diego Trolley Dies of Injuries

Insurance Risks with Car Renting and Sharing

Fri, 30 Mar 2012 13:55:38 -0800

Car ownership rates are changing. In the past, upwards of 40% of all new cars were purchased by Americans under the age of 34. However, according to new data from CNW research, the rate of purchases in that demographic has dropped to below 27% The decline in car ownership rates, particularly among the young, had been caused by a range of factors, including more urbanization, rising gas prices, expansion of public transportation options, and a tough economy. As a product of this situation, there has been a recent surge in companies offering car rental and sharing options. Our San Diego car accident attorneys understand the appeal of these options, but remind local travelers to be aware of some worrisome insurance issues as they relate to these joint car usage

Zipcar is perhaps the most well-known hourly car rental services. The company has customers who are “members” that pay to use the rental cars for various tasks on an hourly basis. RelayRides is an interesting offshoot program that allows community members to rent out their own idle cars to make extra money. These and similar companies have seen a surge in interest over the last few years.

However, there remains an obvious concern for all those who utilize these services. What happens in the event of an accident? Our San Diego County accident attorney is very familiar with the potential legal ramifications of these accidents—damages cause by auto accidents can quickly reach hundreds of thousands (or millions) of dollars. Are users of these rented or shared cars covered by insurance policies?

According to a New York Times story last week, concerns are being raised by many about the exposure that users of these services face in case of injury. For car-sharing services like RelayRides, personal car insurance policies generally will not provide coverage if the policy holder is taking a fee to allow another to use the vehicle. To balance this risk, RelayRides offers $1 million in coverage. However, if a particularly negligent driver uses your car through this program and causes significant damage, the individual car owner may be liable over that policy limit. Also, if the owner of the car being shared is found not to have taken good care of the car (or otherwise misrepresented the vehicle’s safety), the $1 million policy itself may not apply, exposing the owner to serious personal liability.

Our North Country injury attorneys know that similar insurance concerns have been levied against the more established names in the field, like Zipcar. Zipcar involves use of cars owned by the company, so some of the personal liability issues are less pronounced.
However, many have questioned the adequacy of the coverage given to company members. In most cases, Zipcar provides $300,000 in insurance coverage for those over 21. Those under 21, because they are deemed higher accident risks, usually only receive the state minimum coverage--$50,000 total for personal injury and property damage. Of course, that coverage is quite minimal, potentially leaving travelers exposed to significant claims on their personal assets and income.

Car sharing and car rental programs will no doubt gain in popularity in the coming months and years. As more local travelers use these services it is important to raise awareness of these insurance issues. For frequent users, it may be prudent to purchase “non-owner’s policies,” which can provide additional coverage to ensure protection no matter what might happen.

See Our Related Blog Posts:

San Diego County Truck Accident Kills Two on Interstate 10

Study Confirms No Amount of Alcohol Safe for Drivers

School Sports Waivers and Personal Injury Damages

Thu, 22 Mar 2012 15:25:11 -0800

School sports waivers are commonplace in the life of a parent, but what exactly is signed away when you sign one? Have you ever taken the time to read the fine print? For example, as reported recently in an MSNBC article, did you know that thousands of high school sports waivers state that your child may lose the ability to “generally enjoy life” and that those damages may not be recovered in a subsequent legal case.

In order to discuss the sweeping terms of such school sports waivers it is best to start with a brief discussion of personal injury damages. As most San Diego personal injury lawyers will tell you, when someone is injured and blame is assignable to the defendant, various damages may be available. For example, the defendant may have to pay for the injured person’s medical expenses or for their future lost wages. These constitute “economic damages.” Beyond economic damages, some awards can also include non-economic damages, often referred to as “general damages” and primarily consisting of “pain and suffering” damages. The theory behind general damages is to compensate the injured party for physical, mental, and emotional suffering and/or distress from the incident.

Pain is the physical component of general damages. Pain damages can be awarded when the plaintiff suffers a broken bones, concussions, and permanent impairments. To show pain often the injured person’s testimony, medical records, and doctor testimony are used as evidence. The amount of compensation for pain is usually based on the nature, extent, and duration of the pain.

Suffering is the emotional/mental component of general damages. Some examples of suffering where damages can be awarded include shock, embarrassment, and/or loss of enjoyment of life. In the past few decades a new type of damages for this type of loss has been recognized in our courts. According to economist Stan Smith, who assists attorneys by creating formulas to determine damages to compensate for loss of life enjoyment, these damages are called “hedonic damages” or “loss of enjoyment of life (LEL) damages”. Smith was an expert witness in a 1985 case where LEL damages were awarded and subsequently upheld upon challenge. Ever since LEL damages have continued to be awarded across the country.

LEL damages are difficult to ascertain. The determination of amount of LEL damages is subjectively determined, and up to the jury based on the facts of the case and the objective evidence of the injury. In any event, if you or a family member is hurt by the negligence of another, it is important to retain counsel from a personal injury attorney who understands the wide range of damage awards available in these situations.

So, if your child was injured after signing a school sports waiver with a term voiding recvoery for losses stemming from an inability to enjoy life would that mean no LEL damages could be recovered? Not necessarily. Many contract terms using broad language cannot be used to avoid responsibility for negligence. Waivers are often “boilerplate,” including mass produced text that is then altered slightly to meet a school’s specific needs.

Unfortunately, even if not enforceable, many families may refrain from seeking legal help under the false assumption that signing such a waiver eliminates their legal rights. This may be a mistake. If your child has been injured in a school sport in our area it is always best to seek immediate help from a knowledgeable San Diego injury lawyer at the Walton Law Firm. Call (760)571-5500 or (866)607-1325 for a free consultation.

See Related Blog Posts:

California Wrongful Death lawsuit Results in $11.7 Million Verdict

Encinitas Wrongful Death Case Highlights How Damages Are Awarded

(Photo courtesy of CLF)

Encinitas Wrongful Death Case Highlights How Damages Are Awarded

Wed, 21 Mar 2012 10:28:01 -0800

The heirs of two young women, cousins ages 35 and 25, who died in the same accident in Hawaii were awarded a total of $15.4 million dollars in a personal injury settlement. The heirs of one of the women received just under $15 million, and the heirs of the other just $425,000.00. This begs the question: if the women are both young, healthy, and facing a long life ahead of them, how could the “value” of their lives be so starkly different?

This unfortunate tragedy highlights how personal injury cases are valued in the eyes of the law. First, the true value of a life is worth far more than what is ever available in an injury case. Here’s an illustration of that point. If you were visiting the Louvre in Paris and there was a fire, and before you was the Mona Lisa, a painting with a value of $100 million. Standing next to the Mona Lisa was a person needing help to exit the museum. As the fire grew, you could save the person or the Mona Lisa but not both. Which would you choose? You see, there isn’t enough money in the world to compensate families for the loss of a loved one.

But in the context of a wrongful death case, the law requires that the life be given a monetary value, and provides some guidelines as to how that value should be calculated. As a starting point, the person who died does not have his or her own case. The case is that of the heirs, and, generally speaking, the closer the heir the more valuable the case. A young spouse and minor children tend to be considered more valuable than an elderly spouse with grown children. Probably because wrongful death damages are prospective looking, asking, “what kind of future is being lost by the death of the decedent?” Most would agree that a young child losing a 35-year-old mother, is greater than a 55-year-old child losing an 85-year-old mother.

This reality was probably at play in the Hawaii case. The 35-year-old victim, Elizabeth Brem, left behind a husband and two children below the age of five, while it appears the 25-year-old, Paula Ramirez, was unmarried with no children (this is just speculation from the news stories). Accordingly, the plaintiffs in the case were the husband and children of Ms. Brem, and likely the parents of Ms. Ramirez.

The primary reason for the disparity in the outcome of the case is most likely because of the “economic damages.” That is, the future loss of income. Ms. Brem was a highly trained lawyer at a large international law firm. At only 35, she had many productive years ahead of her earning a high salary, much of it going to support her household. Those earnings are now lost because of her death. While the news doesn’t describe what Mr. Ramirez did for a living, if she wasn’t using her income to support the plaintiffs (probably her parents), then her case would likely have no economic damages. Thus, the widely differing values.

Walton Law Firm has handled numerous wrongful death cases, and has had to explain this reality to clients many times. While there is no amount of money in the world that can truly compensate a family member for the loss of a loved one, California wrongful death law requires that a value be placed.

See Our Related Blog Posts:

California Toddler's Parents File San Diego Wrongful Death Lawsuit After Pushpin Choking Death

Drunk Driver Kills Pregnant Woman, Unborn Child in San Diego Car Accident

New Medical Procedure May Bring Hope for Victims with Brain Injuries

Fri, 16 Mar 2012 07:42:30 -0800

Our San Diego brain injury lawyer was excited to hear about a brand new type of testing procedure that has the potential to make a huge difference in the lives of those who suffer brain injuries. According to an article in the North County Times this week, scientists have begun testing a new tool, similar to an MRI machine, that they hope will be able to give them greater insight into the precise areas of the brain that have been affected by trauma and the extent of the damage. Doctors hope that one day, they will be able to use this tool or one like it to help them rehabilitate patients more effectively or even repair damage to the brain.

Our brains control every thought, movement, and function of our lives. We breathe because our brains tell us to breathe, just like they tell us to laugh, cry, walk, run, sleep, and wake. However, when the brain is injured due to force or some kind of illness, whole parts of it can malfunction or even stop working altogether. As a result, in our area even minor San Diego brain injuries can wreak havoc on a person's ability to function in the world as he or she once could. Often, victims are limited in what kinds of work they can do, and sometimes they are unable to work at all. In extreme cases, victims may even be confined to their beds, unable to care for themselves at all.

The body is able to repair some brain damage on its own. In fact, if a victim suffers a minor impact to the head, it is possible that he or she will never even know that there was harm done to the brain because the injury will heal on its own. However, even seemingly minor blows can result in long-term damage, especially if a person sustains multiple injuries over a period of time. For example, it is not uncommon to see football players suffer from brain damage after many years of playing the game, but the damage is not attributable to one particular incident. Instead, it results from many separate impacts that, when taken together, produced enough damage to alter the player's mental, motor, or verbal skills.

One of the reasons our San Diego County head injury lawyer is excited about this new technology is because the tool may give doctors the ability to detect these smaller injuries along the way, which would allow them to better inform players about the risks they are facing when they take the field. Of course, this technology would be of considerable benefit to more than just athletes. It would also help doctors to determine how a particular patient's brain damage will likely manifest and how best to treat it in order to restore the patient to a pre-injury state or, at least, as close to that state as possible. Being able to figure out the proper course of treatment sooner will not only provide the patient with a better recovery, but it will also help victims to better plan their lives around the damage that has been done.

See Our Related Blog Posts:

Five Injured, One Killed in San Diego Bay Tragedy

Jury Awards $1.68 Million to Abandoned Diver

San Diego Dog Attack Leads to Death of Area Woman

Fri, 09 Mar 2012 12:07:45 -0800

A San Diego dog bite injury turned deadly this week for 59-year-old Diane Jansen, a postal worker from Sun City. Jansen was out on her route, delivering mail in a residential neighborhood, when a pit bull came running out of the garage of one of the homes in the area. The dog had been in the garage with several children, and he was not wearing a leash. When he spotted Jansen, the dog ran straight at her and bit her multiple times on her legs. When medical staff arrived on the scene to treat her injuries, Jansen began to have trouble speaking, and eventually became unresponsive. She was rushed to the hospital, where doctors quickly determined that she was suffering from a brain hemorrhage. She passed away Sunday evening. After conducting an autopsy, the medical examiner determined the cause of death to be a hemorrhagic stroke but that pre-existing cardiovascular disease and the dog bites to her legs were a contributing factor. After the attack, the authorities came to the house and removed and later euthanized the animal.

Experience has taught our San Diego dog bite lawyer that situations like this one can make for particularly difficult wrongful death cases because there were multiple factors that contributed to the victim's death. If the victim filed a lawsuit against the owners of the dog, they would likely try to defend against the claim by suggesting that the harm caused by the dog was relatively minor and did not actually cause Jansen's death. They would argue that the real cause of death was Jansen's pre-existing cardiovascular disease, which led to the hemorrhage that caused the stroke. Thus, the defendants in such a case would likely claim that they could not be held legally responsible in a San Diego wrongful death lawsuit.

However, our San Diego wrongful death attorney knows that, like most things in the law, it would not be that simple. A well-known principle in the area of personal injury and tort law is the “eggshell skull” doctrine. The rule posits that someone who commits a negligent act that causes harm to another person must take the victim as he or she finds the victim. This means that even if the victim is particularly susceptible to injury due to some pre-existing condition, the person who commits the negligent act that leads to injury is still responsible for all of the injuries arising out of that act. For example, if a driver backs into a person with very brittle bones, the driver is responsible for any injuries the victim sustains, even if a person without the brittle bones would not have been injured as badly or at all. Therefore, even though Jansen had a pre-existing condition, her family may still be able to recover in a wrongful death suit against the owners of the dog.

If you live in our area or surrounding communities, this case illustrates how vital it is to have a San Diego County personal injury lawyer on your side when dealing with legal matters. The law can be extremely complicated, and it is always best to have an advocate who knows the law and can help you to make the most of the rights that are available to you.

See Our Related Blog Posts:

City of San Diego Pays $1.8 Million in Motorcycle Accident Case

Caltrans Worker Hit by San Diego Trolley Dies of Injuries

Yet Another San Diego County Pit Bull Attack, This Time a Postal Carrier

Wed, 07 Mar 2012 14:44:12 -0800

Today there is yet another story of a pit bull attacking a person, this time an Escondido postal carrier. According to the North County Times the female mail carrier was delivering the mail when the dog escaped through a partially opened garage door and attacked, biting her legs several times. As of this writing, she is still hospitalized. The dog was put down.

Just last week Walton Law Firm was hired by another dog bite victim, also involving a pit bull, and also causing serious injuries. In this case, two pit bulls were playing in a park, off leash, when they attacked another dog. When the owner of the innocent dog tried to intervene, she was bitten badly.

Pit bulls have been the subject of considerable scrutiny in recent years because of so many high profile attacks, including a fatal attack in San Diego just last year. Pit Bull defenders are always quick to accuse individual owners for the conduct of the dangerous dogs, and argue that pit bulls can be friendly, social family pets if they are raised right.

There is no question that the owners in all dog bite cases bear a huge responsibility for the conduct of their dogs, and it often the untrained (or aggressively trained) dog that is involved in bite incidents. But in nearly every dog bite case we have had at Walton Law Firm - whether it involves a Pekinese or a Pit Bull - the owner of the biting dog has said (often under oath) that their dog was always friendly, never show any dangerous propensities, and that he or she was a surprised as anyone that the dog attacked. That's a scary thought when considering the potential for serious harm by larger breeds like pit bulls.

It's time for pit bull breeders and owners to police their own. Yes, there are plenty of different breeds involved in bite incidents, and there are other dogs, like pit bulls, that can inflict serious harm upon a human. But it's the pit bulls causing the most damage. Breeders need to be more cautions in selling dogs to unqualified owners (frequently a 20-something male with self-esteem issues), and following up with owners to check on the socialization of their dogs. While it's no doubt true that pit bulls raised by the right owners can be loving, friendly, and harmless family pets, if something isn't done to stem the growing incidents of pit bull attacks, sooner or later the government will step in and make sure no one owns a pit bull ever again.

UPDATE: It is being reported today that the postal carrier who was bitten by a pit bull in Escondido has died. The mail carrier, Diane Jansen, has apparently died of a hemorrhagic stroke. The question on everyone's mind is, Did the dog bite cause or contribute to the stroke? Under the law, a tortfeasor is liability for all the damages caused by an event. If the incident of a dog bite was determined to be a "substantial factor" in bringing about Ms. Jansen's death, then the owners of the pit bill will be held responsible.

How do you prove this? Typically, with medical experts who will (or will not) make the connection. It's hard to imagine that the trauma caused by the bite didn't trigger the stroke. If that is ultimately the case, then the heirs of Ms. Jansen will have a viable case for wrongful death under California law.

See Our Related Blog Posts:

The First Bite Isn’t Free: California Law Provides Protection for Dog-Bite Victims

Media Consults Walton Law Firm on Dog Bite Case

State Care Facilities Under Fire after Botched Investigation of Suspicious Death

Fri, 02 Mar 2012 11:05:11 -0800

Most of us have at least one friend or family member who has some kind of special needs, so we know how painful it can be to see our loved ones being mistreated because of their physical or mental limitations. Sadly, as one local family discovered, sometimes they are not even safe in the state care facilities where many of them spend their lives. This is something that our San Diego injury attorneys know all too well. In 2007, a man named Van Ingraham passed away at the Fairview Developmental Center after suffering a severe spinal cord injury and a broken neck. Ingraham suffered from severe autism, which made him unable to speak, so he could not tell anyone what happened to him. He had lived at Fairview for 42 years and required around-the-clock care.

As with any death that occurs in a state run facility, an investigation was launched to determine what caused Van Ingraham's injuries and, ultimately, his death. The investigation was conducted by an internal police force, and from the start there were signs that it was not being done properly. For example, only one photograph was taken on the day Ingraham sustained his injuries, and no one even bothered to collect fingerprints, blood samples, or other forensic evidence from his room.

Several doctors were asked to provide their opinions on how his neck and back were hurt. Two doctors said they believed he had been placed in a violent headlock, and at least one said that his death was a most likely a homicide. However, when the lead detective, a former nurse who had never worked a suspicious death case, compiled her report, there was no mention of these opinions. Instead, speculations were made that Ingraham's broken neck and crushed spinal cord were the result of him falling out of his bed, a drop of about two feet. Given the severity of his injuries, doctors have said that it is highly unlikely a fall from that height would have had enough force to cause them.

In addition, detectives working the case overlooked evidence and contradictions that seemed to merit further investigation. They relied heavily on testimony from a blind patient to focus their attention on another patient at the facility, even though there was no real evidence of that patient being near Ingraham's room at the time he was injured. Moreover, the detectives' report noted that a caregiver altered Fairview's log book after the incident occurred. The log book contains details of the activities for each patient at the facility and shows what each patient was doing at a certain time, as well as which caregiver was with the patient. Although they knew about that the log was changed, detectives did not follow up on that lead.

Now, several years later, as reports of San Diego nursing home abuse and neglect continue to rise, the Department of Developmental Services is finally looking into the case once again. California Watch, a nonprofit investigative journalism organization, has put together files detailing other allegations of abuse at Fairview Developmental Center. According to an article by local news station 10 News, there have been hundreds of reports filed alleging abuse or neglect that have then been dropped without further investigation.

Other patients are not waiting for the state to take action. Sometimes, the best way to help end a problem is by meeting it head on in the justice system. Victims and their families can turn to a San Diego injury attorney to help them seek justice for their loved ones and put an end to the neglect and abuse that has been allowed to continue for far too long.

See Our Related Blog Posts:

California Medical Malpractice Rarely Results in Discipline, Says Watchdog Organization

California Medical Malpractice Case Ends with $7.5 Million Verdict Against U.S. Air Force

California Public Utilities Commission Launches Investigation of Gas Pipeline Safety

Fri, 24 Feb 2012 12:47:29 -0800

Our San Diego injury lawyer was encourages to read that the California Public Utilities Commission is showing that it takes threats to California consumer safety seriously this week with the announcement that it will investigate allegations of wrongdoing by Pacific Gas and Electric Company (“PG&E”). PG&E is responsible for building and maintaining a large portion of the state’s pipelines that deliver gas to homes and businesses. The investigation comes on the heels of reports filed by two PG&E welders, Marshall Worland and Mike Mikich, both of whom claim that PG&E has violated safety protocols and failed to properly make necessary repairs to existing lines.

According to an article from the San Francisco Chronicle, Worland and Mikich have cited many problems with gas pipelines throughout the state. For example, they have said that many of the state's older gas transmission lines are plagued by rust and corrosion and are in need of repair or replacement. In addition, Worland and Mikich assert that during the re-installation of pipelines that had been tested for strength using high-pressure water tests, no workers were assigned to inspect the welding and ensure that it was being done properly. The welders say they have personally observed substandard welding work that they claim may make large portions of the gas pipelines extremely dangerous.

If the welding is not done correctly, of course, the structural integrity of the pipelines will be compromised, and there can be devastating consequences. In fact, part of the reason for concern with the quality and safety of PG&E pipelines stems from an explosion that occurred in September of 2010 when a gas transmission line blew up in a residential area. Eight people were killed, and more than three dozen homes were destroyed in the blast. Since then, PG&E has been under more and more scrutiny, and with the welders' recent allegations, that scrutiny is only increasing.

The Commission's investigation will look at safety practices within PG&E and whether they can be improved. Commission staff will also be conducting random inspections and testing of certain portions of the gas lines in order to determine whether there are any widespread problems with the lines. They will also be looking at results of testing that were previously conducted by PG&E to ensure that those test results fall within the standards of safety within the industry. The Commission hopes that by taking action now it can help to prevent any California gas explosion injuries in the future.

PG&E appears to be cooperating with the investigation, and a spokesman has said that the company will be working with the Commission to get to the bottom of the welders' claims. The company maintains that they have conducted extensive testing and that, once revealed to the Commission, that testing will demonstrate that all required safety standards have been met. The San Diego injury attorney at our firm hopes that will turn out to be the case, but, either way, it is always good to ensure that dangerous industries are subject to the proper amount of scrutiny.

See Our Related Blog Posts:

California Uninsured Drivers Rate Is Fifteen Percent

City of San Diego Pays $1.8 Million in Motorcycle Accident Case

(Photo courtesy of Focal Intent)

$11 Million Settlement for San Diego Wrongful Death Case

Fri, 17 Feb 2012 06:57:59 -0800

Three Imperial County families will finally be able to take another big step towards healing this week after they were able to reach a settlement with the federal government in their San Diego wrongful death lawsuit. The settlement, which was reached after two days of mediation, awards a total of $11 million to the families of three women. The suit stems from a crash that occurred on December 29, 2009 when a federal border agent with Immigration and Customs Enforcement ran a stop sign and smashed into a Dodge Caravan. The Dodge Caravan contained three women and two children. The women, Sandra Garcia, Maria Nieto, and Patricia Reyes, were all killed in the collision. The children and Cole Dotson, the federal agent who caused the crash, all survived, though they did receive injuries.

According to UT San Diego, The California Highway Patrol (“CHP”) conducted an extensive investigation into the cause of the crash and the circumstances surrounding it. Their report reached the conclusion that Agent Dotson had been part of a team that was watching and following a man who had smuggled methamphetamine into the United States from Mexico. The team had been having trouble communicating with each other via radio and had resorted to using text messages to communicate. Although it was not clear whether Dotson had been texting or using his cell phone or radio at the time of the crash, the CHP did conclude that he had been traveling at speeds of more than 100 miles per hour just a few seconds before the crash. There was also evidence that he had tried to brake just before impact then attempted to speed up in order to avoid the crash.

The lawsuit was brought under the Federal Tort Claims Act (“FTCA”), a major piece of legislation that allows citizens to sue the federal government under certain circumstances. Traditionally, the government could not be sued under the doctrine of sovereign immunity. However, the FTCA allows certain kinds of suits to be filed, including some wrongful death cases. Suing the government does involve additional requirements, both on the federal and the state level. Our San Diego injury attorney appreciate that one of the most important of these requirements to be aware of is the notice rule, which states that those who wish to file suit against the government must provide written notice of the claim within six months of the incident giving rise to the lawsuit. It must be done before filing suit, and the government must be given a set amount of time to respond. If that notice is not provided, injured parties can lose their right to sue forever, even if the statute of limitations on the claim has not run.

In addition, federal agents like Cole Dotson do have immunity for some of their actions when those actions were taken in the scope of their employment duties. However, these various immunities can be overcome depending on how the suit is filed. In this San Diego injury case, the attorney for the victims argued that the wrongful death suit was not about the way he performed his duties but rather the negligent operation of his vehicle.

See Our Related Blog Posts:

City of San Diego Pays $1.8 Million in Motorcycle Accident Case

Caltrans Worker Hit by San Diego Trolley Dies of Injuries