Southern California Injury Law Blog

Road Rage Continues To Rise Causing Orange County Car Accidents

Tue, 27 Jul 2010 10:29:35 -0800

Recently there has been an increase of road rage and aggressive driving incidents on the highways in Orange County and throughout Southern California. Increased congestion, running late, and anger over distracted drivers are all "contributing factors to the most aggressive driving that we’ve seen on the increase," according to James Ballidis, an Orange County accident lawyer. However, there is a fine line that transitions aggressive driving into road rage and as a result; this becomes a major risk factor for personal injury accidents.

Last month a driver was merging onto the 5 freeway in Santa Ana when the car in back of him became impatient. The driver that was following him rolled down his window and started firing a gun at him. "Luckily no one was injured in this injury incident" said Ballidis "but it is a grim reminder to be aware of your surroundings and be vigilant", especially where rage is greater, on dangerous Orange County freeways.

The other road rage accident that happened in early June did not have such a fortunate outcome. California Highway Patrol officers arrested Victoria Cook with reckless driving and three felony counts of vehicular manslaughter for killing three innocent passengers on Highway 74 near Hemet, California.

Cook was reported to have been driving aggressively; making unsafe turns and maneuvering aggressively for her position on the road. This 24 year old now faces serious charges for her rage that killed three people in another vehicle.

In a recent road rage survey, Los Angeles metropolitan area ranked 7th in the U.S. for the most incidents of driver road rage. Statistics are vague as to the exact number of incidences, but as road rage risk factors such as cell phone use, eating and drinking and speeding increase, we will probably see more of these situations in our area.

If you are a regular driver on Orange County freeways, here are a few tips to avoid being a victim of road rage:

• Don’t allow yourself to get drawn into a fight; slow down and get out of the way of an aggressive driver. Usually they will move on.

• Stay focused on your driving. Avoid talking/texting on your cell phone, eating in your car, tailgating and excessively changing lanes. All of these behaviors can contribute to road rage situations.

• If you do cut someone off or make an abrupt maneuver, avoid eye contact with the other driver. If the other driver tries to start something, get out of his way. If you feel that the situation might escalate into something more dangerous, call 9-1-1 immediately for help.

• If you can safely report an aggressive driver to authorities, try to get the license number, direction of travel, and vehicle description.
In California the Aggressive Driving Laws are quite clear. Using your car in an aggressive way that commits a crime is considered a criminal assault and you can be penalized with a fine of up to $10,000 and up to 4 years in jail.

Two Orange County Teens Pulled From Wreckage After Alcohol-Related Crash

Tue, 20 Jul 2010 16:52:03 -0800

The California Highway Patrol received a report of an accident involving serious injuries early this morning. They arrived on the scene to find two teenage females trapped inside a totaled 2005 Nissan Altima. After extricating them from the wreckage, the girls were sent to Western Medical Center in Santa Ana for treatment. The accident occurred on the 17th Street onramp to the southbound 55 Freeway in Tustin. No other vehicles were involved. CHP took the underage driver into custody under suspicion of driving under the influence.

Our thoughts and prayers go out to the families of these two girls during this difficult time. We would like to wish the girls a smooth and timely recovery.

After over 35 years of working with the victims of automobile accidents, we at Allen, Flatt, Ballidis & Leslie are quite alarmed by the circumstances of this one. Not only were the girls too young to be drinking, one of them decided to get behind the wheel of a car. The injuries they sustained from the crash were severe; they could have been fatal. These girls were very lucky to have survived. We hope, as they recover from their painful injuries over the next few months, they reflect upon the harm they could have caused another driver and family.

Impaired driving is a serious problem in the United States. Someone dies every 45 minutes in an automobile accident involving alcohol. Young people have the highest risk of being injured or dying in an alcohol-related crash. However, the age groups most frequently involved in such accidents—21 to 24 year olds, followed by 25 to 34 years olds—do not include minors. That is what is so troubling about this morning’s accident. The driver was so young. Time will tell if this incident is an anomaly or signifies the beginning of a new trend. We hope the former will prove to be true.

If you have been injured in an accident in which the negligent driver was impaired and you need legal advice, feel free to call us at 866-981-5596. If someone you know needs the help of an experienced California Injury Lawyer, feel free to give him or her our number.

Trunk Riding Results In 14-Year-Old Boy’s Accidental Death

Thu, 15 Jul 2010 11:50:24 -0800

Lake Forest authorities received a report of an unconscious boy in the parking lot of La Tierra Elementary School on June 13, 2010. Paramedics arrived on the scene to find 14-year-old Nestor Barrientos-Macias still breathing. They transported him to Mission Hospital in Mission Viejo, where he was pronounced brain dead. He died the following Tuesday.

While it was initially thought that the boy had sustained serious head injuries from a skateboard accident, authorities later discovered that the boy had been attempting a dangerous stunt known as “trunk riding.” A California injury lawyer remarked on this dangerous sport in a recent news article.

After receiving a tip from a 5-year-old witness, authorities concluded that Barrientos-Macias was one of three boys to ride in the open trunk of another 17-year-old boy’s car. As the car left the parking lot, Barrientos-Macias fell out of the trunk, hitting his head.

The cause of Barrientos-Macias’ fatal head injuries was initially ambiguous because the 17-year-old Mission Viejo boy fled the scene of the accident. Authorities were unable to piece together what happened until the young witness came forward.

The 17-year-old has been booked on suspicion of felony hit-an-run and vehicular manslaughter. Car accidents that cause injury and death are unfortunately all too common. If you need help from a Orange County auto accident lawyer, please call us at 1 888 752-7474.

Motorcyclist Fatally Struck By Multiple Vehicles Identified. Was Alcohol Involved?

Thu, 15 Jul 2010 11:22:02 -0800

In the early morning hours of June 20th, 2010, multiple cars struck a motorcyclist causing him to swerve off of the highway. The motorcyclist, later identified as Charles Park, 40, of Irvine, was declared dead at the scene.

The accident occurred on the Southbound 55 Freeway transition to the 5 Freeway. The California Highway Patrol received the report at 2:35 a.m. The section of the freeway where it occurred was closed for the next 6 hours.

It is unclear from the Orange County Register’s coverage of the incident what initially caused Park to veer off of the freeway. The time of the accident, however, suggests that alcohol may have played a role, as many Orange County drinking establishments close at 2:00 a.m.

Driving under the influence of alcohol or drugs is one of the nation’s most common and fatal crimes—and motorcyclists are the worst offenders. According to the National Highway Traffic Safety Administration, or NHTSA, the percentage of intoxicated motorcyclists involved in fatal crashes is greater than that of impaired drivers of passenger cars, SUV’s, or pick-up trucks: legally impaired motorcycle riders accounted for 27 percent of fatal accidents on 2006, with 23 percent attributed to passenger cars, and 24 percent to light trucks.

Park’s age and the time at which the accident occurred also increase the suspicion that alcohol was involved. The highest percentages of motorcycle operators who are killed in alcohol-related fatal crashes are between the ages of 30 and 49 years. Moreover, motorcyclists killed in accidents at night are three times more likely to be intoxicated than those killed in the daytime.

Riding a motorcycle is inherently dangerous: there is nothing protecting the rider from other vehicles on the rode. Alcohol impairs the skills essential to riding: balance and coordination. Motorcyclists should take more precautions than the drivers of any other type of vehicle.

While we do not know if Charles Park was intoxicated on that fateful night, we hope his tragic death can serve as a reminder to other motorcyclists to be careful. After over 35 years of helping the victims as a Orange County motorcycle accident lawyer , we often see the families who have lost a loved one and witness the consequences of reckless or impaired riding all to often.

We would like to give our condolences to the Park family, as well as to all families affected by the tragedy that can accompany riding a motorcycle. We wish you and your family a safe summer. Should you ever need our help, feel free to call 866-981-5596 or view our California motorcycle lawyer site for valuable information.

Meaningful Messaging: An Accident Attorney’s Admission of Failure and Success

Wed, 14 Jul 2010 13:08:22 -0800

Many lawyers and other business owners ask me how we stay so busy, handling Los Angeles and Orange County auto accident and California injury lawyer cases. We have been blessed, but not by magic. Read my story and you can be busy also.

After 15 years of practice, it was frustrating when I receive a call from someone involved in an accident that hired the wrong attorney and had their case poorly handled. I use to say “why didn’t you come to me first.” Inevitably the answer was “I didn’t know about you or your resources until now.”

Do you have the same experience? Do you offer great service, great products but people simply do not know about you? It was easy to say “there is nothing I can do,” but several years ago, I decided to reach out to more people, let them know about our resources and services. I would make a huge mistake.

My goal was to have the majority of people in Southern California know where to find our free books, resources, web sites and much more. They could educate themselves on auto and personal injury accidents, and how to find and select an attorney in any field. But how would I accomplish such a task without spending millions on television and radio? More importantly, why would anyone listen? I had to learn a lesson the hard way, it was about messaging.

Naturally, the first step we took was to do what other lawyers were doing. Unfortunately other lawyers never had any marketing courses either and so we all just seem to be endlessly creating what I call the “Brag Bag”, endless print, web, advertising and yellow page productions of “our results, our passions and our commitment to clients.” Naturally we offered a “free consultation” but so do most lawyers.

In truth, that type of communication was completely off the mark. Not only did we fail to differentiate ourselves, be we also offered little or no meaningful help to the consumer. In short, no one cared to listen unless they had an immediate need, and even then they were reluctant to call.

That all changed when I met Rob Rutkowski at Fierce Selling Systems LLC. A marketing message expert, he awoke the giant within our practice, not by slick phrases, marketing slogans or new logo designs. Instead he simplified my objectives to three things, and as I continue to hone any skill I have acquired, these same themes reappear.

* Tap people who may be interested in your services on the shoulder.

* Give them a compelling offer that causes them to raise their hand and ask for help.

* Tell them how you can answer that nagging concern in their head.

While these concepts seem simple, implementing them is far more challenging. First just finding out where the people are located that may use your services can be a challenge. As Rob says, “You have to be where they are at that moment.” How will they find you? Are you advertising? Are you networking? Will you be on the Internet? Selecting a specific area you will occupy is your beginning step. But then “How will you tap them on the shoulder.”

I have found that a great deal of time needs to be spent developing the offer that is powerful, compelling and helpful. Believe me a “free consultation” is not going to communicate to these wonderful people. It neither answers their questions nor allows them to start the investment process into investigating you.

The offer, as explained to me by Rob, must be one that is low cost physically and emotionally, to the person examining you. It also has to compelling, and actually offer something more than a valueless offer to call you for a free consultation. So spend some time developing meaningful offers. Our book how to find a lawyer, despite the lawyer advertising hype, is an example. It shows how I find a lawyer in another area, and I am probably better at it than you are. You can develop, easily and inexpensively, a guide, offer or other thing of immense value based on your experiences, in what ever field you are in. Just ask yourself, would I find this useful? If yes, then offer it, and at little or no cost to the consumer.

Most importantly, you also have to answer a question that the person has in their head right then. Rob gave me a great example. Imagine I am searching for a refrigerator in an appliance store. I am in the right place, but you, the sales person, would never want to talk about dish washer sales. Talk about the questions in my head about refrigerators!

I guarantee that people concerned about an accident or injury are not asking in their mind about your skills, your years of practice, your career. They have their own questions. How long until I am better! What type of injury do I have? Who is going to pay for this? Answer these questions when you are communicating with them in all your print and internet access, and you will see an immediate spike in interest.

For sure they want to find a qualified lawyer, but first and foremost, they want to find a lawyer that understands their issues and their needs.

Filling that need, by offering a honest compelling message and honest, meaningful and compelling offer will encourage clients to come to you without haste. That is why we offer free books and materials on line and in the mail, created the accident recovery hotline, where they can search for helpful material and of course offer to give them specific information on their topic, the one that is bothering them.

If you are having trouble tapping someone on the shoulder, messaging, or developing a compelling offer, I suggest you contact a specialist, like I did. I am constantly reminded of my first encounter, where Rob said “What are you really offering that no one else has to offer. After all Jim, you are unique.” That caused me to pause only a second to realize I needed professional help.

Here is his contact information:

Rob Rutkowski
Fierce Selling Systems, LLC
direct: 949.951.2725
Rob@FierceSelling.com
Portfolio: http://bit.ly/a2OxbO
Facebook: http://bit.ly/aH7uQp
Twitter or RSS: http://twitter.com/RobertFierce

James Ballidis is an author of several books on how to find a lawyer, settling your case and athlete injuries and recoveries. As a California injury lawyer for over 25 years, his firm has helped thousands soar above not just survive their accidents.

Contact a California injury lawyer or call 1 866 981-5596 if you want to take advantage of the many resources offered free to consumers involved in an accident.

Motorcyclist Blames Poor Road Conditions For Serious Accident—Sues Caltrans

Wed, 14 Jul 2010 11:31:21 -0800

A broken neck and sternum, a punctured lung, a lacerated liver, and a torn aorta, for two months James Kubeck lay in a hospital bed suffering from these injuries, his mind filled with images of the July night in 2007 when he was cruising on his motorcycle down Pacific Coast Highway through Sunset Beach and suddenly a car made a left turn in front of him, causing him to lose control of his bike and crash. He was convinced that a sharp curve in the road—along with buildings and cars parked along the highway—prevented the other driver from seeing him. He decided to sue Caltrans. A California motorcycle accident lawyer is an essential partner in evaluating a case like this.

Caltrans, in response, issued a statement identifying 24 reasons why it was not liable for the accident, including negligence on the part of both drivers. The agency claimed that Kubeck should have been aware of the potential danger and driven more cautiously while rounding the curve. While Caltrans holds the public responsible for knowing the potential dangers of the curb and driving with caution, Kubeck maintains that the agency should have prevented unsafe driving conditions by properly maintaining intersections and roadways.

It is unclear as to whether Caltrans had addressed the threat to drivers the curve posed by placing proper signage warning oncoming traffic of a sharp curb ahead or prohibiting parking along that section of the highway to increase visibility. Such considerations are crucial to determining liability in accidents cases like James Kubeck’s.

At present, the case between Kubeck and Caltrans has not been resolved. Kubeck seeks to be compensated for his past and ongoing medical care, legal fees, and lost wages. After years of helping motorcycle accident victims like Kubrick, we hope he is granted this compensation and wish him a full recovery if the case warrants it.

Determining liability in accident cases in which improperly maintained roadways may be a factor can be a complex process. An extensive knowledge of the relevant government agency’s obligations to the public, as well as a thorough investigation of the accident scene, is often required. During this difficult time for the accident victim and his or her family, an experienced California motorcycle Lawyer will investigate for and advocate on the injured party’s behalf.

James Ballidis is a California Injury Lawyer and the author of several books on California automobile accidents and claims settlement rights. If you would like to request one of his books or have been injured in an accident feel free to call 866-981-5596 or visit our California injury lawyer or California motorcycle lawyer sites today.

Santa Ana Woman Arrested For DUI After Swerving Off The Road

Tue, 13 Jul 2010 12:15:36 -0800

Recently, a Santa Ana woman drove her silver Honda off of Beach Boulevard onto an ice-plant-covered embankment. The accident occurred near the 22 Freeway at around noon. Police arrested the woman after conducting a preliminary alcohol screening at the scene, according to the Orange County Register. Fortunately, no other cars were involved nor was anyone injured, which as a California injury attorney, I can attest is seldom the case with alcohol-related accidents.

Someone dies every 45 minutes from an alcohol-related automobile accident in the U.S., according to the Centers for Disease Control and Prevention, or CDC. In California, of the 3,967 people to be killed in traffic accidents, 1,489 of the fatalities were the result of alcohol-impaired driving in 2007, according to the California Department of Alcohol and Drug Programs.
While impaired driving poses a serious threat to highway safety in California, many preventive measures exist to ameliorate the problem. One of the simplest is to report drunk drivers by calling 911. Weaving or zigzagging across the road, straddling the center of the road or lane marker, and driving slower than 10 miles per an hour are just a few indications that someone may be driving while intoxicated. For a longer list, visit the government website
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On a legislative level, first-time and repeat DUI offenders will now be required to install ignition interlock devices to their vehicles in four California counties: Alameda, Los Angeles, Sacramento, and Tulare. If the device detects alcohol on the breath of the driver, the vehicle will not start. Not only will this new law increase the cost of a DUI from $2,500 to $2,730, offenders will have to pay a $60 monthly maintenance fee. This could get quite expensive for repeat offenders, as the duration of time the device must be installed will increase considerably with each offense. The program is expected to go statewide if successful.

Luckily for the Santa Ana DUI offender mentioned above, no one was injured as a result of her reckless driving. After over 35 years of helping the victims of alcohol-related accidents, we at Allen, Flatt, Ballidis & Leslie have witnessed far graver outcomes. While the state government and law enforcement have increased efforts to prevent impaired driving, injuries and fatalities resulting from intoxicated driving continue to plague California—especially the families left grief-stricken by the loss of loved ones.

If you or someone you know has been injured in an accident in which the negligent driver was intoxicated, or have lost a loved one in an alcohol-related accident, feel free to call 866-981-5596 or visit a reputable and active California Injury Lawyer to recover what you deserve and keep drunks off the street. Consulting with an experienced Injury Lawyer on Los Angeles or Orange County may help with the difficult legal process ahead.

Woman Killed In 405 Freeway Crash Involving Los Angeles County Sheriff’s Deputies: Conflicting Accounts Of The Accident’s Cause

Tue, 13 Jul 2010 12:10:59 -0800

In the early hours of May 3, 2010, Lisa Michelle Hylla’s body was hurled into the southbound lanes of the 405 Freeway in Mission Hills, the result of a three-car collision in the northbound lanes. She died at the scene. While it is known that two Los Angeles County sheriff’s deputies in a patrol unit and an elderly couple in a 1984 Toyota pickup truck were the other parties involved, the media that reported the story offered conflicting accounts of the accident—specifically, whether or not the sheriff’s deputies were on duty when the accident occurred. This is not a new phenomenon for a California injury lawyer.

KTLA.com reported that the deputies were off duty when the accident occurred. According to an article posted at 2:34 PM on the day of the accident, “Lisa Michelle Hylla, 25, got out of her disabled pickup on the northbound side and was struck by one of the vehicles involved in the collision.” The impact flung her into the southbound lanes of the freeway. She was pronounced dead at the scene, and the cause of the crash was under investigation.

The Los Angeles Daily News, or DailyNews.com, wrote that the deputies were on duty. In a 6:46 AM news posting, the Daily News reported that Hylla, 25, “was involved in an injury-collision with a 1984 Toyota pickup truck.” A sheriff’s patrol car then struck the disabled pickup truck, consequently throwing Hylla into the southbound lanes of the freeway. According to CHP Officer Leland Tang of the West Valley Area Office, “[it] was unclear if Hylla got out of her car at some point, or if she was ejected from the vehicle.”

While it is ambiguous as to whether the impact that threw Hylla into the southbound lanes was caused from the sheriff’s patrol car in the previous two articles, the Los Angeles Times’ blog, L.A. Now, wrote that the “Sheriff’s Department vehicle struck a stopped pickup truck, killing the woman inside.” In this rendition of the story, the sheriff’s deputies’ vehicle is attributed with the impact that caused Hylla’s death. The article does not mention if the deputies were on or off duty.

Witness bias may explain conflicting accounts of an accident. A witness with a bias in favor of law enforcement may tell reporters that the deputies were off duty when the accident occurred which may elicit less negative criticism from the public. This witness also attempted to shift some of the blame for the fatality on the victim. In this account, Hylla is struck as a result of her exiting her vehicle.

The witness accounts used in the Daily News and L.A. Now articles suggest an law enforcement on duty involvement. In the Daily News article, the deputies were on duty and somewhat directly blamed for the impact that sent Hylla flying into the southbound lanes. While the L.A. Now article does not mention whether the deputies were on or off duty, it directly attributes the impact that ultimately resulted in Hylla’s death to them.

Witness bias is one of the most common and detrimental problems a lawyer can encounter in an accident case. While in California evidence rules dictate how an injury lawyer can expose bias in the courtroom, an experienced injury lawyer will uncover witness bias before going to trial.

The process of exposing witness bias starts with the interview. Without a recording device, which would likely cause the witness to feel uncomfortable, the injury lawyer will have a conversation with the witness, asking open-ended questions. The lawyer will learn about not only the facts of the case but also the opinions and thought process of the witness. This will allow the lawyer to compare the witness’s account of the accident with any bias the witness may have. For example, the witness may admit to only seeing a small part of the accident while, at the same time, placing the blame on the victim. Probing the witness about his or her past experiences with law enforcement may reveal a bias: the witness’s father was a sheriff’s deputy, or the witness was saved once by a police officer. Once the bias is uncovered, the lawyer will subtly guide the witness to see how this bias is affecting his or her account of the accident. Ideally, the witness will want to give a fair account; however, if the witness is determined to have the case result in a positive outcome for one of the parties involved, the lawyer will have to expose bias during the trial.

While the accident that tragically resulted in Hylla’s death is still under investigation, it is likely that witness bias will be uncovered before or during the trial.
James Ballidis is an experienced California Injury Lawyer and the author of several books on accident liability and claims management. If you would like to request a copy of one of his books or are concerned witness bias may be affecting your accident case, feel free to call 1-866-981-5596.

On The Job Injury Does Not Always Mean Worker's Compensation. You Should Consult With A California Injury Lawyer As Well

Tue, 13 Jul 2010 11:27:12 -0800

According to the latest government tracking data, workforce fatalities are down this year due in part to the depressed economy. Even though the construction industry is in decline, we still have several industries here in Orange County and Southern California that can cause serious injuries if the proper safety procedures are not in place. As a California injury lawyer, we are dedicated to assisting where we can to reduce needless injury. Here are just three examples.

Last week a massive explosion rocked Simi Valley’s industrial area where a man was killed while experimenting with hydrogen and oxygen while trying to generate alternative fuels. The accident happened while Realms employee, Tyson Larson was heating water in a pressurized container. The container exploded, killing Larson and injuring two of his co-workers. The blast could be heard up to one block away and the explosion was so violent that it caved in the roof. Cal-OSHA is still investigating but prior accident records indicate a similar explosion just 18 months ago.

Another recent industrial accident occurred in the Costa Mesa-based company Cera dyne. A 26 year old man is in critical condition after suffering traumatic injuries from flying shrapnel to the head and body. Initial Cal-OSHA reports state that the machinery failed but that the full investigation could take upwards of 3 months.

Many tragic accidents happen at the workplace here in California. In 2008, 465 workers tragically died due to unsafe work environments. In addition to general workplace dangers, industries such as construction and manufacturing have the lead in most fatalities. Seventy two people died in construction-related work last year, nearly one in four. By far the greatest personal injury occurring for this type of work involves transportation. Nearly half of all workers’ injuries occurred either transporting cargo or commuting to a job site.

Another major industrial accident in Los Angeles just last week claimed the legs of a meat packer utilizing a multi-blade grinder. For some unknown reason, his legs got stuck and he was rushed to a nearby hospital in serious condition. The doctors had to amputate his legs above the knees.

In catastrophic injury cases such as these, usually workers will receive employer mandated workers compensation. However, here in California, this insurance may not be able to cover all current and future medical costs, and never is pain and suffering paid. In some cases, these injured workers may need to file a third-party claim against a third party for negligence. This is a specialized area and a California injury lawyer is the only expert to review the case to see if you are able to bring an action outside of workers compensation.

How would you know if this is an option for you or your family? Obtain a private consultation with a California personal injury attorney at 1 866 981-5596 to discuss your claim, rights and options.

If you are an employer in the state of California, it is important to follow CAL-OSHA rules and regulations regarding workplace safety. Here are a few of the most important tips:
• In order to keep a safe workplace, create, execute and maintain an Injury and Illness Prevention Program.
• Identify potential unsafe conditions and perform regular inspections
• Keep thorough record of onsite injuries
• Communicate operating procedures to your employees and advise them of the options and rights under the law.
• Train employees properly in the use of potentially dangerous equipment
• Report injuries immediately to the nearest Cal OSHA district office

You can obtain a full list of regulations at Cal-OSHA’s website at http://www.dir.ca.gov/dosh/

California Injury Attorney Wants To Stop Unnecessary Drowning That Occurs Each Year

Wed, 07 Jul 2010 12:03:15 -0800

Have you or someone you know lost a child to a swimming pool drowning? Was it a case of negligence on the part of the pool owner? California swimming pool laws require certain fencing, gates, signage, and pool-rule postings. Unfortunately, the owners of swimming pools found in apartment complexes, public recreation facilities, and even private homes often fail to comply with such rules for financial reasons. Reporting such negligence to the proper Orange County, Los Angeles County, San Bernardino or Riverside Counties is crucial to child drowning prevention.

Children have the greatest risk of drowning. According to the Centers for Disease Control and Prevention, or CDC, in 2007, of all the children between the ages of 1 and 4 who died from an unintentional injury, almost 30% died from drowning. Fatal drowning remains the second-leading cause of unintentional injury-related death for children between the ages of 1 and 14 years. More than one in five drowning victims are children 14 years old and younger.

If a child survives after drowning, the child’s injuries may have a life-long impact on his or her health. For every child who dies from drowning, another four received emergency department care for nonfatal submersion injuries. Nonfatal drowning can cause brain damage that may result in long-term disabilities, including memory problems, learning disabilities, and permanent loss of basic functioning (e.g., permanent vegetative state).

Child swimming pool drowning can happen in your neighborhood. Recently, a young Orange County mother went to visit a friend who lived in an apartment complex. The manager of the apartments had neglected to maintain the fence surrounding the community pool. As the complex was gated, many parents allowed their children to roam freely around the grounds. While the mother chatted the afternoon away with her friend, her four year old crawled through a hole in the dilapidated fence and drowned in the swimming pool. Had someone in the complex practiced child drowning prevention and notified the Orange County authorities, this tragedy could have been avoided.

Do your part to protect our children: participate in child drowning prevention. If you notice a pool without a fence or with a damaged fence, contact the proper Orange County, Los Angeles County, or San Bernardino or Riverside County authorities. Check to verify that gates, signage, and pool-rule postings are intact. If the authorities are slow to respond, contact a California drowning lawyer to inspect the area, write letters to the owners and managers of the pool, and even to ensure that the authorities address the dangerous situation promptly.

As summer is on us and children are more likely visit swimming pools, participate in child drowning prevention. James Ballidis is a California lawyer and the author of several books on managing claims. If you want a free inspection of your premises, call his office and arrange a review date at no cost. One less child injured or killed is more than worth the quick yet effective inspection of the premises. Saving a child’s life may be just a phone call away.

For more articles on child drowning prevention and help, or if you wish to obtain a copy of his books, contact the him at california injury lawyer orcall 1 866 981-5596.

Despite Laws Precluding Texting While Driving, Texting Is On The Rise In Orange County California

Mon, 28 Jun 2010 12:24:46 -0800

A new study by the Automobile Club of Southern California, AAA reveals that only a year after the texting while driving ban started in California last July, driving while texting is on the rise in Orange County. California is one of only seven states that ban handheld cell phones from use while driving and not all states ban texting.

The California Highway Patrol, issues approximately 11,000 citations for cell phone violation each month. Initially after the ban went into effect, they saw a sharp drop in cell phone use, but now violators are back to pre-law numbers.

Obviously the California legislators are not pleased with the public’s indifference toward these laws. Over 6,000 annual fatalities occur from distracted driving from texting, cell phone use and other electronic devices. These types of motor vehicle accidents usually result in serious injuries. Moreover, civil damages in an auto accident lawsuit for those drivers who are found to have violated these traffic laws are now much more severe.

An Orange County man was recently sentenced to four years in prison for killing a pedestrian. Additionally, he was charged with vehicular manslaughter with gross negligence because records indicate that he had been texting just minutes before the accident. He was texting to a woman who he had recently met on a dating service. Text messages can now be determined within 14 seconds off real time, according to court testimony. Global Positing System records are now very accurate.

The tragic accident happened on Westcliff Drive in Newport Beach when Martha Ovalle was crossing the street and was hit by Mr. Kuehl’s SUV. The force of the crash propelled Ovalle 72 feet away from the point of impact where she died at the scene of blunt force trauma. Pedestrians are particularly susceptible to accident injury from cell phone use.

The U.S. Department of Transportation has launched a national “Put it down” campaign. It target both adults and teens, and challenges them both to put down the cell phone and hold off on writing texts while driving. A new study released by the Pew Research Center says that teens and adults equally disobey these laws. In fact, 47% of adults were found to talk and send texts while driving, compared to 34% of teens.

However, automobile accidents are still the number one killer of teens . Research shows that most teens don’t have completed brain development and thus don’t always make logical choices. Actually, the brain is not completely developed until approximately 25 years old.
Because of the numerous distracted driving issues that teens experience, new legislation has been introduced in congress to implement new state requirements for driver’s licenses. At 16, a young driver would have a “Graduated Driver Licensing” or GDL. Under this system, they could not drive at night and have restrictions on the number of passengers that they could drive.

At 18 they would be eligible for a full license after they have had some time to build their driving experience. The legislation is now pending, but whatever the outcome, it is essential that both adults and teens obey traffic laws and don’t text while driving.

Truck Accidents On Rise Because Of truck Driver Sleep Apnea Increase

Thu, 24 Jun 2010 10:41:04 -0800

Two weeks ago one of Orange County’s busiest freeways was shut down over the busy Memorial Weekend ago due to a tanker truck accident that closed highway 91 for over eight hours. According to eye witnesses, the truck was involved in a chain reaction crash with two other vehicles; then hit the center divider, went airborne, rolled over and burst into flames. Traffic was backed up for several hours while emergency vehicles took 3 injured to local hospitals.

Last week another tanker truck accident closed the 134 freeway in Los Angeles for several hours while the California Highway Patrol cleaned up the massive spill. The truck overturned and this time, fortunately, there were no injuries.

According to the Truck Safety Coalition more than 5,300 people are killed each year and over 20,000 are injured in truck-related crashes. Additionally, 98% of the fatalities involving trucks and automobiles are the occupants in the car. Since 1982, over 126,000 people have killed in large truck crashes and several thousand more have experienced severe personal injury. An an Orange County Truck Accident Lawyer, we see the devastation related to these accidents.

California has the second largest large truck fatalities of any state except Texas. Investigations reveal that the primary cause of most truck accidents are fatigue and lack of sleep. The Department of Transportation, DOT, and the Federal Motor Carrier Safety Administration, FMCSA, have agreed to a new round of discussions regarding the tired trucker issue. This is a public safety issue and needs to be solved quickly!

According to Anne Ferro, chief of the FMCSA, “Three in 10 truck drivers suffer from mild to severe sleep apnea”. Sleep apnea is a truck safety issue as well as a health issue for the general public. Sleep apnea leads to fatigue and fatigue is a major cause of accidents.
In addition to fatigue being a major safety issue, the trucking industry is concerned that sleep apnea will create legal risks for trucking companies involved in accident litigation. If this condition is a known factor in a large population of its drivers, truck accident lawyers could conclude that the trucking companies are not managing this health problem.

Currently in /Washington, D.C., the Senate’s transportations’ subcommittee has been reviewing options for truck safety legislation. Electronic Onboard Recorders, EOBR’s are still voluntary for most trucking companies but experts feel that online monitoring would help prevent problems such as logbook falsification and violating hours of service where drivers exceed their maximum hours of driving.

In a recent survey, 21% of truck drivers admitted to falling asleep at the wheel. With these statistics, it is urgent that the trucking industry and congress get to work to keep our highways safer.

Flying The Friendly Skies? Well Sometimes

Thu, 24 Jun 2010 10:20:26 -0800

Flying is considered to be one of the safest forms of transportation, with over 10 million flights annually. However, even though flying itself is safe, the Federal Aviation Administration, FAA reports that the leading cause of in-flight injuries is turbulence and unfortunately, those incidences appear to be on the rise.

Recently a United Airlines flight en route from London, England to Los Angeles, California was diverted to Montreal due to 10 serious injuries that were sustained during extreme turbulence over the Atlantic Ocean. The passengers that were not physically injured were visibly shaken.

According to reports from KABC news, there were approximately 200 passengers onboard the Boeing 777 when they suddenly experienced the severe turbulence. One of the main causes for so many serious injuries was that the seat belt sign was inactive. One of the flight attendants suffered a serious broken leg and several of the injured passengers had head injures due to the fact that they hit the ceiling. Airline injury is a specialty that only certain qualified attorneys can help you with, so consider looking for a lawyer in your State or a California injury attorney

In the United States alone, about 58-60 people are injured annually by not wearing their seatbelts while flying. Since 1980, U.S. air carriers have had 234 turbulence-type accidents; resulting in 298 serious injuries and 3 fatalities. But what causes these accidents?
Turbulence is unexpected air movement that can’t be detected by radar. Although typically they will be associated with thunderstorms, cold/warm fronts, and mountainous flying, many times the turbulence occurs with clear air, thus the name, clear air turbulence.

Since airlines are governed by the Federal Aviation Act, they are held to a high standard of care to their passengers. The airline and its employees are required to do all that is reasonable to prevent injuries from happening. Specifically, this is why the pilot usually encourages cabin movement to a minimum during flights and at most times while flying, illuminates the “fasten your safety belt” sign.

Aviation experts agree that these few flying safety tips can make your flying experience a little more safe.
· Whether the seat belt fastened light is illuminated or not, always keep your belt fastened.
· If you need to walk around the plane, such as on long flights to prevent clots, try to hold onto seat backs and take several quick walks rather than one long one.
· Try to avoid standing in aisles

Two-thirds of most turbulence accidents happen above 30,000 ft, so to be safe, keeps buckled up during the entire flight. .

Child Drowning: The California Drowning Lawyer Discusses the Dangers

Tue, 22 Jun 2010 09:39:03 -0800

As summer approaches and temperatures rise, our children are more likely to visit swimming pools. While swimming can be a healthy activity, it can also by quite dangerous, especially for younger children. After years of helping the victims of child-drowning cases—the grief-stricken parents—the California drowning lawyer discusses the dangers and offers advice for preventing these tragic summertime accidents.

Children have the greatest risk of drowning. In 2007, drowning accounted for 30% of deaths from an unintentional injury for children between the ages of 1 and 4 years, according to the Centers for Disease Control and Prevention, or CDC. For children between the ages of 1 and 14 years, drowning is the second-leading cause of unintentional injury-related death.

The injuries from a nonfatal drowning can impact a child’s mental health for the rest of his or her life. For every child who drowned to death, four received emergency medical care for drowning-related injuries. Such injuries can cause brain damage that that may result in long-term disabilities, including memory problems, learning disabilities, and permanent loss of basic functioning (e.g., permanent vegetative state).

Child drowning is preventable. In California, there are laws requiring certain fencing, gates, signage, and pool-rule postings around swimming pools. The owners of swimming pools found in apartment complexes, public recreation facilities, and private homes often neglect to follow these rules for financial reasons. Prevent dangerous swimming-pool situations by informing the proper authorities in Orange County, Los Angeles County, San Bernardino or Riverside Counties wherever you encounter such negligence.

When we allow dangerous swimming-pool situations, tragic accidents are likely to occur. A few years ago, a young Orange County mother came to the California drowning lawyer for help after she lost her four-year-old son. While visiting a friend who lived in an apartment complex, her son wandered off to the community pool. The manager of the apartments had neglected to maintain the fence surrounding the pool. The small boy crawled through a hole in the fence, fell in the pool, and drowned to death. Had someone in the complex contacted the Orange County authorities, this tragedy could have been avoided.

Sometimes the authorities responsible for enforcing California swimming pool laws are slow to respond to negligence complaints. If this is the case in your neighborhood, feel free to contact the California drowning lawyer to inspect the area, write letters to the owners and managers of the pool, and ensure that the authorities address the dangerous swimming-pool situation promptly.

As a father and a lawyer who has witnessed many swimming-pool tragedies, the California drowning lawyer strongly advocates child drowning prevention. For more information on child drowning or if you would like to report a safety issue with a pool in your neighborhood, feel free to call the California drowning lawyer at 866-981-5596 or click here.

Do You Know How To Find The Right Hotel To Avoid Personal Injury Caued By Fire

Mon, 21 Jun 2010 11:13:33 -0800

Since the Las Vegas MGM Grand Hotel fire back in 1980 where 87 people were tragically killed, there has been a push to require sprinkler and alarm systems in all hotel and motels across the country. However every year, there are close to 3,900 hotel fires reported; tragically killing 15 and injuring 150 individuals. Additionally, The National Fire Protection Association, NFPA concludes that it costs businesses $76 million in property loss.

The fire that killed four college students in a Days Inn Motel early this year highlights the little known fact that most travelers are unaware of—older motel and hotels are not required to have sprinklers or alarms like newly built ones.

Hotels built or remodeled within the last 10 years are required to install alarms and sprinkler systems. However, older units are not required, unless building codes and local ordinances require them to under the law. In most cases, older buildings do not implement the changes due to excessive costs.

Las Vegas has long been a favorite holiday destination for many Californians and in the past 15 years, there has not been a high rise fire fatality, due in part to tough city ordinances requiring sprinklers in all high-rise hotels. There have been fires, but sprinklers quickly contain the fire and thus less people are injured or killed.

If you are traveling this summer and know you are staying in hotel, check out the NFPA’s website to see the hotels and motels in your region that are approved with safety devices. http://www.usfa.dhs.gov/applications/hotel/

One in 12 hotels reports a fire each year, so your risk of experiencing a fire or emergency is somewhat elevated. Whether you are traveling for business or pleasure, the NFPA has some safety guidelines to keep your hotel visit safe:
• Choose a motel/hotel with both fire sprinkler system and smoke alarms
• Once you are settle in your room, review the emergency exits and escape plan
• If the alarm sounds, leave your room immediately, take your key card and stay low to avoid smoke inhalation.
• Always take the stairs and avoid elevators
If you are in the unfortunate circumstance to not be able to leave your room, these four tips could save your life:
• Stuff wet towels in the cracks of the door
• Shut off the air conditioner and fans
• If you can place a call with your cell phone, let the fire department know your location
• If you have a flashlight, wait by the window, so you can signal any emergency personnel.
Have a safe vacation this summer!

James Ballidis is a California personal injury attorney specializing in accident claims.