San Diego Injury Law Blog

Earlier this month, a diver died after being pinned against a sea wall at La Jolla Shores. He was found unconscious, and lifeguards were unable to revive him. This recent drowning accident should raise awareness about the dangers of diving in California.

Drowning is a serious concern in southern California, especially as the weather grows warmer and people flock to the beaches. Drowning cases have a statute of limitations in California. Since you only have two years from the date of the accident to file an accidental death claim, it’s important to contact an experienced personal injury attorney to discuss your options for filing a lawsuit.

Dangerous Waters in La Jolla

A day after the accident, UT San Diego identified the diver as Lawrence Edward Yates of Chula Vista. The newspaper explained that the 54-year-old Yates had been scuba diving with a partner “at the south end of the Shores about 12:50 p.m.” Suddenly, rough waters led to wave action, which “pinned him against the sea wall,” according to authorities who later investigated Yates’ death.

The accident occurred at the south end of La Jolla Shores. Lifeguard Lieutenant John Everhart said that the area has relatively shallow water, but it’s also an area that “cannot be seen by lifeguards.”

After being pinned to the sea wall, neither Yates nor his diving partner were about to free him from the extreme water pressure. Lifeguards and bystanders also rushed to help Yates, but by the time he was finally brought to shore, he was unconscious. Some of the rescuers even had dive scooters, but they weren’t able to free Yates in time. The lifeguards performed CPR, and emergency medical responders transported Yates to Scripps Memorial Hospital in La Jolla. Yates died at the hospital later that afternoon.

This isn’t the first dangerous incident to occur at La Jolla Shores. In fact, this year has seen quite a few near-drownings. In February of this year, NBC San Diego reported that a 61-year-old surfer nearly drowned after lifeguards found him face-down in the water. The lifeguards at the scene pulled the surfer out of the water to find that he had no pulse. They shocked him with a defibrillator, and the man started breathing again. By the time emergency medical responders arrived, the surfer had regained consciousness.

However, many aren’t as lucky as the rescued surfer, Yates included. A drowning in January 2013 around the same area suggests that Yates’ death in the dangerous waters at La Jolla Shores may have been foreseeable. Back in January, a surfer saw the body of a 19-year-old woman floating near La Jolla Shores. Lifeguards carried her out of the water, but she had already drowned.

Diving Safety Tips

Since California has so many miles of coastline where visitors enjoy swimming, diving, and other water sports, the California Department of Parks and Recreation provides a list of important safety tips. Before going into the water, it’s important to know the inherent risks of diving, and to pay attention to these important safety concerns:

· Always dive to your ability, training level, and experience level. If you try to dive beyond what your abilities, you could put yourself at serious risk.
· Always check diving and weather conditions before you go, along with underwater visibility and the currents. This is extremely important, because strong currents can endanger divers’ lives.
· Always dive with a partner or buddy.
· Agree to an emergency plan with your buddy before diving.
· Always know your entry and exit points for your dive.
· Plan your dive ahead of time, and follow that plan.

If you have lost a loved one because of a drowning accident, you could be eligible for compensation. A licensed injury attorney can answer your questions. Contact us today.

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A fire in a Lakeside creek bed left one woman with severe burn injuries last Sunday, and it also destroyed one trailer home while scorching other vehicles and homes in the area. Personal injury lawyers know that cases involving burns can be among the most valuable. If you or a loved one have been injured in a fire, an experienced California burn injury lawyer can discuss the details of your case today.

Details of the Lakeside Fire

According to UT San Diego, the fire began off Highway 8 Business close to Los Coches Road along Los Coches Creek. It quickly spread to the Glenview Mobile Lodge, where the blaze burned about 1.5 acres before emergency response teams quelled the flames.

When firefighters arrived at the scene, they found “a badly burned woman lying alongside the road near the flaming vegetation,” according to the Lakeside Fire Protection District Chief Andy Parr. Local paramedics rushed the woman to the UC San Diego Medical Center. She was admitted to the burn unit where she was described as being in critical condition. As of right now, investigators aren’t sure if the woman lived in the mobile home park or not. Parr indicated that the woman may have been homeless and living along the dry creek.

Investigators haven’t yet determined the cause of the fire. They do know that the fire was “fueled by arundo donax, a tall cane in the creek bed that caused an explosive fire, with embers flying 100 feet and starting more fires.” Several families in the area commented on the blaze, describing the complete destruction of their homes.

Since there were no other large fires burning at the time, San Diego firefighters were able to devote significant resources to putting out the Lakeside fire. In fact, two air tankers and two helicopters “cropped water on the fire, and about 100 firefighters responded from 10 agencies, with 20 fire engines,” according to the San Diego Fire Department. While they prepare for “a bad fire season” every year, Parr indicated that current signs “suggest an especially dangerous season” for southern California.

Even if this recent fire resulted from an intentional act of arson, it’s a good idea to be prepared for wildfires in California.

How to Prevent Fires in Southern California

After commenting on the Lakeside fire, the San Diego Fire Department emphasized the importance of clearing away brush from homes and keeping these areas free from branches. Doing this can make it easier for firefighters to put out any fires that may start.

Last week was actually “Wildfire Awareness Week” in our state, according to the California Department of Forestry and Fire Protection. While fires can start because of intentional acts of arson, people living in Southern California need to take extra precautions during the dangerous wildfire season. The state of California provides some useful tips for residents:

· Create an Action Plan: have an evacuation plan in place, as well as a family communication plan for contacting loved ones outside the area in case of separation.
· Be Prepared with an Emergency Supply Kit: it’s important to have fire extinguishers on hand, but an emergency supply kit for each member of your family can be extremely important in case of a fire. The kit should include a three-day supply of non-perishable food and 3 gallons of water per person, a map with two marked evacuation routes, prescription medication, changes of clothing, extra car keys and credit cards, a first aid kit, a flashlight, sanitation supplies, and important documents.
· Harden Your Home: you can harden your home in case of a fire by using special roof materials, covering house vents, protecting eaves and soffits with ignition-resistant materials, installing dual-paned windows, and building your walls and decks with ignition-resistant building materials. These are just some of the important tips for hardening your home.

If you or a loved one have been burned in a fire, you may be eligible for compensation. Don’t hesitate to contact a burn injury attorney to learn about your options for filing a claim.

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Earlier this week, a motorcycle accident in Pacific Beach led to a driver’s arrest and put a motorcyclist in the hospital. According to San Diego Talk Radio, this past weekend a number of DUI checkpoints were set up throughout San Diego. Over the Cinco de Mayo holiday weekend, the city worried that celebrations from the holiday might lead to increased incidents of drinking and driving. The DUI checkpoints were intended to monitor for these drunk drivers.

However, the motorcycle accident in Pacific Beach actually happened in front of a police officer, according to a local CBS 8 station. The motorcyclist attempted to make a left turn when a driver in an automobile hit him from behind. The driver was taken into custody. He currently faces DUI charges for his role in the accident. While no specific information about the motorcyclist has been released, the California Highway Patrol expects to have more information in the coming days.

If you or a loved one have been involved in a motorcycle accident, you could be entitled to compensation. An experienced motorcycle accident attorney can discuss your case with you today. Although we can never be fully prepared for drunk drivers, the recent accident raises concerns about motorcycle safety here in California. Are you safe on your motorcycle?

Motorcycle Accident Statistics

According to the Centers for Disease Control and Prevention (CDC), motorcycle deaths have risen sharply since 2000. In fact, between 2001 and 2008, the CDC reported that there were more than 34,000 motorcycle fatalities in the U.S., and more than 1.2 million people were treated in emergency rooms for non-fatal injuries related to motorcycle use. Most of these non-fatal injuries affected the leg or foot area (at 30 percent), followed closely by injuries to the head and neck (at 22 percent).

Perhaps unsurprisingly, the CDC showed that the highest death rates occurred in people in their 20s, with the highest rate of death among 20-24 year olds, closely followed by people between the ages of 25-29.

Safety Tips for Motorcyclists

First and foremost, the National Highway Traffic Safety Administration (NHTSA) emphasizes the importance of riding sober. According to the NHTSA, the number of intoxicated motorcyclists who are involved in fatal accidents is much higher than the number of intoxicated automobile drivers who are involved in these crashes. The NHTSA advises all motorcycle riders to “ride smart and sober.”

The CDC also emphasizes the importance of wearing a helmet. While each state has its own law regarding helmet use, motorcycle riders should wear helmets regardless of whether their state requires it. California requires all motorcycle riders to wear helmets. Under VC Section 27803(a), a driver and any passenger on a motorcycle must wear a safety helmet that meets the standards set by the Department of Transportation (DOT).

Other safety tips include:
· Don’t ride after you’ve been drinking alcohol. Even if you’re under the legal limit, alcohol seriously impairs your operation of a motorcycle.
· Don’t let your friends ride after they’ve been drinking.
· Wear protective clothing in addition to your helmet. It’s also a good idea for your protective clothing to contain bright colors or reflective materials so you’re visible to automobile drivers.
· Don’t tailgate.
· Always stay within the speed limit and take extra precautions when inclement weather could lead to slippery road surfaces.

Licensed motorcycle accident attorneys in California can help you seek compensation if you’ve been injured in a motorcycle accident. Contact us today.

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There’s an update on the bicycle accident that killed Eric Ringdahl, 45, of Carlsbad, Calif. Ringdahl had been wearing a helmet and was riding properly in the bicycle lane at the time of the accident. Each year, thousands of car accidents result from drowsy driving, and this recent fatal crash is no exception.

Investigators Discover Driver Asleep at the Wheel
According to an article in UT San Diego, the driver who struck and killed Ringdahl “had fallen asleep behind the wheel.” San Diego police Lieutenant Kelly Cain confirmed that the driver told police that he had been heading home from a night shift at his job in San Diego when “he fell asleep and drifted into the bike lane.” Kelly indicated that there was no evidence suggesting anything to the contrary.

Investigators from the San Diego Police Department don’t believe that drugs or alcohol played a role in the accident. However, they have issued search warrants for the driver’s cell phone records. The investigators want to check if the driver had been talking or texting when he drifted into the bike lane and crashed into Ringdahl.

Possible Vehicular Manslaughter Charge
Since the driver never intended to strike Ringdahl, if he’s charged with a crime it will be a vehicle code violation, according to Cain. Most likely, the driver, whose name hasn’t yet been released, would face a misdemeanor charge of vehicular manslaughter.

The charge of vehicular manslaughter is typically governed by the California Penal Code Section 191.5. However, that section of the code concerns vehicular manslaughter while a driver was intoxicated. Since there are no indications that the driver was intoxicated, a charge would likely fall under California Penal Code Section 192, which governs manslaughter when the driver was not under the influence of drugs or alcohol.

Section 192 of the California Penal Code defines manslaughter as the “unlawful killing of a human being without malice.” There are three types of manslaughter: voluntary, involuntary, and vehicular. According to the UT San Diego article, the driver would face a misdemeanor charge under 192(c) for vehicular manslaughter. California law only allows a prosecutor to charge a driver with misdemeanor vehicular manslaughter if the crash resulted from the driver’s “carelessness or inattention.” If the driver is charged, the prosecutor will have to prove that he was negligent, and that his negligence was the direct cause of the accident.

However, it’s important to consider whether the driver’s employer could be liable for the fatal accident. In this case, the driver could have been overworked, very tired, and a danger on the road.

Employer Liability for Vehicular Manslaughter?
While most courts have found that employers aren’t liable in specific cases where employees have fallen asleep at the wheel, several courts have left open the possibility for employer liability when employees are especially tired or overworked. In fact, the Occupational Safety and Health Administration (OSHA) suggests that all employers set up a safe driving program to keep their employees safe on the road.

In particular, OSHA suggests that employers educate their employees about the warning signs of fatigue while driving. Warning signs include:

· Inability to remember the last few miles you’ve driven

· Hitting a rumble strip or drifting from your lane

· Wandering or disconnected thoughts

· Repeated yawning

· Difficulty keeping your eyes open

· Tailgating or missing traffic signs

· Difficulty keeping your head up

OSHA reports that “drowsy driving” leads to more than 100,000 crashes each year, with 40,000 injuries and 1,550 fatalities.

If you or a loved one have been injured in a motor vehicle accident or a bicycle accident, contact an experienced injury attorney today to discuss your case.

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Cyclist Dies in Carlsbad Accident
Drowsy Driving Accidents in California

Early last Sunday morning, a cyclist was struck and killed by a motor vehicle in Carlsbad, according to San Diego’s local CBS 8 News. In this bicycle accident case, the victim was headed north in the bike lane on El Camino Real, just north of La Costa, when a northbound vehicle struck the cyclist from behind. The victim had been with a fellow rider at the time of the accident. Several people called 911 to report the crash.

The victim, Eric Rindahl, was a 45-year-old Carlsbad resident with a wife and children, according to CarlsbadPatch.com.

Ringdahl sustained a head injury and was left unconscious after being struck from behind by the vehicle, according to the Carlsbad Police Department. Although police and fire personnel responded to the scene, the bicyclist died at the scene. At the time of the news report, the driver of the vehicle had not been cited or arrested, but the accident remains under investigation.

Bicycle Accident Statistics
How often do bicycle accidents lead to injuries and fatalities? According to the Pedestrian and Bicycle Information Center, it’s difficult to know the actual number of bicycle accidents each year, since only about 10 percent are recorded by the police. This percentage represents “only a fraction of bicycle crashes causing injury.” When looking at the statistics we do have, the number of deaths from bicycle accidents remains alarming.

Back in 1995, there were 830 reported bicyclist deaths. This number seems to have decreased in the 2000s, but according to the National Highway Traffic Safety Administration (NHTSA), the number of annual deaths in the last ten years has remained between 600-800 fatalities per year.

While the number of bicyclist fatalities hasn’t shown a significant decrease, the number of reported bicyclist injuries does appear to have decreased significantly. In 1995, the NHTSA reported 61,000 bicyclist injuries, which has decreased to 38,000 reported bicyclist injuries in 2011.

In most cases, injuries and fatalities tended to occur in urban areas, and a majority occurred during workday rush hours and into the evening. For example, the NHTSA reported that 72 percent of pedacyclist deaths in 2010 occurred in urban land areas, and more than 50 percent of those fatalities occurred between 4:00p.m. and 11:59p.m.

These statistics suggest some patterns in bicyclist injuries and fatalities, but they can’t account for all factors. Accordingly, the NHTSA suggests that all bicyclists be informed about roadway safety.

Safety Reminders for Bicyclists
To encourage roadway safety, the NHTSA provides some important safety reminders for those of us who choose to ride bicycles:

· Always wear a properly fitted helmet. It’s the “single most effective way to prevent head injury resulting from a bicycle crash.”

· Obey the rules of the road! Bicyclists are considered to be vehicle operators, and they’re required to obey the same rules as motor vehicle operators. This includes obeying traffic signs, signals, and lane markings.

· Increase your visibility by wearing brightly colored clothes or fluorescent markings while you’re on your bicycle at all times of the day. Additionally, at night you should use a front light and a red reflector or flashing rear light. When riding at night, you can be extra careful by adding retro-reflective tape to your clothing.

If you or a loved one have been injured in a bicycle accident, contact an experienced bicycle accident attorney today to discuss your case.

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Earlier this month, a charter tour bus accident occurred just outside Yosemite National Park. According to the Los Angeles Times, the vehicle carried 17 people, including 15 passengers, a driver, and a tour guide. The passengers and tour guide sustained minor injuries in the accident, while the driver was uninjured.

Should San Diego bus riders worry about accidents? And who is liable when a crash occurs?

Details of the Bus Accident
The bus was operated by Seven Happiness Tour and Charter Inc., a company out of Burlingame, California. During a typical week, the tour company sends two charters out to Yosemite. This particular Yosemite tour started out in Burlingame on a Saturday morning in April and traveled through the San Francisco area on its way to the park. Following the tour of Yosemite, the bus was supposed to move on to Fresno, where the passengers would spend the night. On Sunday, the bus was then supposed to return to Burlingame. However, an accident drastically shifted tour plans.

The road out to Yosemite has a posted speed limit of 55 miles per hour, but there are several sharp turns in the road that require the driver to slow down to 35 miles per hour. Several miles south of the park, the bus “veered off the roadway and angled up a dirt embankment,” pushing the “passenger side of the bus about four feet into the air.” At this time, several elderly passengers were tossed into the driver’s side of the bus where they sustained “minor to moderate injuries.” The driver tried to regain control of the bus, but it ended up crossing both lanes of traffic, ultimately crashing into a tree. The Fresno Bee reported that when the bus finally came to a stop after colliding with the tree, its “rear tires were two feet in the air.”

The injured passengers and tour guide were transported to local hospitals for treatment, including the Community Regional Medical Center, Clovis Community Medical Center, and Madera Community Hospital.

While the driver, Changefeng Liu, was not arrested and authorities do not believe that alcohol was a factor in the accident, the Fresno Bee reported that the bus had been traveling at “unsafe speeds” immediately prior to the crash. Seven Happiness has employed Liu for the past six years, and the tour company has not had any crashes in the past two years. The bus itself is being inspected for problems that may have caused the accident outside Yosemite.

Bus Accident Statistics and Liability
Bus accidents are more complicated than a typical car accident. Buses are huge vehicles that carry many people, and passengers are often free to roam around the vehicle without a seatbelt. According to the National Highway Traffic Safety Administration (NHTSA), large buses tend to have poor visibility on the right side, and they can weigh more than 10,000 pounds; that’s often about 5 times the weight of a typical individual vehicle. When buses are involved in accidents, they can pose serious dangers to their passengers and to other vehicles on the road.

The Federal Motor Carrier Safety Administration conducted a study in 2009 concerning bus crashes, emphasizing that they tend to occur most often in metropolitan areas. This fact is especially important for people residing in the busy San Diego area where buses are in frequent use.

In California, buses are considered to be “common carriers” that owe a higher standard of care to their passengers. Common carriers include such transportation vehicles as city buses and commercial airlines. Under California law, these common carriers “must use the utmost care and diligence for safe carriage.” In other words, they owe a higher degree of care to passengers than private vehicles do. Given the higher standard under which buses operate, you could have a claim if you’ve been injured in a bus accident. Contact an experienced personal injury attorney today to discuss your case.

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In response to much of the recent news on the relationship between sports and traumatic brain injuries, a new California law requires high school coaches to receive specific training regarding concussions. California Governor Jerry Brown signed the law, created through Assembly Bill 1451, in August 2012. The law went into effect on January 1, 2013. With the increasing media coverage of the Junior Seau case in San Diego, this law is continuing to make news in our area.

What the Law Says
Assembly Bill 1451 is an amendment to Section 35179.1 of the Education Code, which relates to high school athletics.

In short, the law requires high school coaches to undergo training “every two years on recognizing the signs of concussions and responding to them appropriately.” In order to make these requirements, the law established a California High School Coaching Education and Training Program. Under this program, school districts are required to emphasize specific issues. When considering traumatic brain injuries in high school athletes, some of the relevant provisions include:

Developing certain coaching philosophies that are “consistent with school, school district, and governing board of a school district.”

Establishing a training protocol, which includes “a basic understanding of the signs and symptoms of concussions and the appropriate response to concussions.” In addition, specific concussion training is required, which can be acquired through a variety of free and/or online training courses.

The last of these provisions, as you’ll see, connects directly to concerns about the long-term effects that athletes can experience as a result of concussions. And these concerns are not just for professional athletes. These injuries can occur in high school sports, and this new law seeks to promote awareness about the severity of teenage head injuries.

How the New Law Will Help Prevent Traumatic Brain Injuries
According to a study in the Journal of Athletic Training, the two highest rates of concussions in American high schools occur during football games or practices (with 47 percent of reported concussions) and girls’ soccer (with 36 percent of reported concussions).

Democratic Assemblywoman Mary Hayashi proposed Bill 1451 that went into effect this past January after she had already worked on additional sports-related legislation the previous year. Before proposing Assembly Bill 1451, Hayashi “pushed through successful legislation” in 2012 that required schools to “remove from play, pending medical clearance, a student athlete who sustains a possible concussion.” In conjunction with this regulation in California schools, the new law should have a positive effect on limiting concussions in high school sports.

In fact, an article in the California Health Report indicated that the law has already alerted many coaches in southern California that they need to be vigilant when it comes to head injuries. And now that they’re required to undergo training, these coaches will know what to look for in case of a traumatic brain injury. The Chairman of the Brain Injury Association of California remarked that many coaches are actually relieved to have access to this kind of training.

If you or a loved one have experienced a concussion or other traumatic brain injury, you may have a claim. Contact an experienced California attorney today to discuss your case.

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Sports-Related Brain Injuries

[Image courtesy of Wikimedia Commons]

In a previous post about sports-related brain injuries, we mentioned that many stories about concussions and other traumatic brain injuries have been making the news in recent months and years. In fact, the family of Junior Seau, a former San Diego Chargers linebacker, filed suit this year against the National Football League (NFL) in the California Superior Court in San Diego. The Seaus are also suing Riddell Inc., a helmet manufacturer for negligence in “design, testing, assembly, manufacture, marketing, and engineering of the helmets.”

The plaintiffs in the California suit are “listed as Gina Seau, Junior’s ex-wife; Junior’s children Tyler, Sydney, Jake, and Hunter; and Bette Hoffman, trustee of Seau’s estate.” In addition to the claim filed in San Diego, Seau’s parents recently filed another wrongful-death suit in Pennsylvania. As of just a few days ago, the two claims were consolidated in Philadelphia, according to Pennsylvania’s local ABC 10 News. Philadelphia alone has seen “more than 100 concussion lawsuits” against the NFL.

Seau played for 20 seasons in the NFL, and ESPN described him as “one of the best linebackers” throughout his NFL tenure.

The claims relate to Seau’s posthumous diagnosis with chronic traumatic encephalopathy (CTE), a condition that led to the former linebacker’s self-inflicted gunshot wound.

In the final years of his life, Seau “went through wild behavior swings,” which included symptoms of “irrationality, forgetfulness, insomnia, and depression.”

Claims Against the NFL
According to ESPN News, Seau’s family “blames the NFL for its acts or omissions that hid the dangers of repetitive blows to the head,” and the family argues that those hits caused Seau to develop CTE.

In addition, the Seau family is accusing the NFL of “glorifying the violence in pro football,” which they argue has created “the impression that delivering big hits is a badge of courage which does not seriously threaten one’s health.”

As a result of CTE, Seau experienced severe depression, and he took his own life in May 2012 at the age of 43. As we’ve mentioned previously, CTE can only be diagnosed after death. Following Seau’s autopsy, a study of his brain showed that he was in fact suffering from this dangerous condition.

Seau’s is not the only case of CTE in the NFL by a long shot. In fact, an Associated Press review from November 2012 discovered that “more than 3,800 players have sued the NFL over head injuries in at least 175 cases” as the long-term effects of sports-related brain injuries have become clearer to players and the public alike.

The NFL’s Response
The NFL continues to deny the allegations in the Seau family’s lawsuit, as well as other similar allegations. After the NFL learned that Junior Seau had been posthumously diagnosed with CTE, it released a statement that emphasized its interest in player safety. The league insisted that it is “committed to supporting a wide range of independent medical and scientific research that will both address CTE and promotes the long-term health and safety of athletes at all levels.” The NFL went on to explain that it works in close partnerships with the National Institute of Health (NIH) and the Centers for Disease Control (CDC).

Currently, the league “wants the claims heard in arbitration,” but lawyers for former NFL players hope to keep the question of NFL liability for CTE and wrongful deaths in federal court. A hearing on this question is scheduled for April 9.

If you or a loved one may be experiencing symptoms of CTE following traumatic brain injury, you may have a claim. Contact an experienced attorney today to discuss your case.

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Sports-Related Brain Injuries
New Study Shows Single Concussion Can Have Permanent Effects

Have you been reading news about sports-related brain injuries? Whether it’s a report about the dangers of concussions or other more immediate life-threatening injuries, these stories are becoming more prominent than they were in previous years (and decades). In fact, the American Association of Neurological Surgeons (AANS) states that traumatic brain injuries are now the leading cause of death from sports-related injuries.

From AANS medical reports to the high-profile cases concerning athletes in the National Football League (NFL), it’s important to know the causes and symptoms of these brain injuries. And more significantly, you should know of potential legal claims that can arise from head traumas incurred while playing sports.

What Types of Traumatic Brain Injuries Occur in Sports?
A factsheet from the Centers for Disease Control (CDC) focuses on the connection between sports and concussions. Describing concussions as “traumatic brain injuries,” the CDC notes that these injuries can occur in “any sport or recreation activity,” and can come from wounds that may appear minor at first. For example, concussions frequently occur following “a bump, blow, or jolt to the head,” but they can also arise after “even a ding,” or “getting your bell rung.”

Which Sports are Most Dangerous?
According to AANS statistics from 2009, cycling produced the highest number of emergency-room visits due to head injuries (with 85,389 treated injuries). Football caused the second-most head injuries (with 46,948), followed closely by baseball and softball (with a total of 38,394 treated injuries). Other notable sports included basketball, water sports, soccer, and skateboarding.

Sports Injuries and the Dangers of Chronic Traumatic Encephalopathy (CTE)
A recent Reuters article focused on football injuries, emphasizing how “years of hits to the head in football or other contact sports lead to a distinct pattern of brain damage.” These distinct patterns begin with an athlete’s difficulty focusing, and the condition ultimately can lead to “aggression and dementia,” along with other erratic behavior.

After examining close to 100 brains of former athletes and soldiers with “multiple mild head injuries” in the course of their lives, neurological researchers determined that many had developed chronic traumatic encephalopathy (CTE), a condition that occurs in an “ordered and predictable four-stage pattern.” The four stages of CTE tend to look like this:

1) First, sufferers experience headaches and loss of attention.

2) At the second stage, these athletes can experience “depression, outbursts of anger and short-term memory loss.”

3) Stage three typically involves “executive dysfunction and cognitive impairment.”

4) At stage four—the most severe stage—athletes deal with dementia, aggression, and difficulty with verbal communication.

Findings such as these have encouraged youth and college football programs to take a closer look at helmet-on-helmet injuries, and to take steps to limit hits to the head, to which athletes in contact sports are typically subject. In fact, the NFL has banned a number of dangerous helmet-to-helmet hits, hoping to prevent the onset of CTE and its accompanying symptoms.

Currently, it’s impossible to diagnose CTE in living athletes—only in brains of deceased persons can this condition be studied and diagnosed. While researchers are working on tests to diagnose CTE early on, much of the data we currently have suggests that prevention in young athletes may be the most important step for now.

If you or a loved one have suffered a sports-related traumatic brain injury, you could have a claim. Contact us today to discuss your case.

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New Study Shows Single Concussion Can Have Permanent Effects
Brain Injury Incidence Higher Than Figures Indicate

[Image Attribution: By James Heilman, MD (Own work) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0) or GFDL (http://www.gnu.org/copyleft/fdl.html)], via Wikimedia Commons]

A new study in Radiology suggests that concussions may have more serious long-term effects than we’d like to think. In fact, according to a report on those findings in the Los Angeles Times, a single brain injury can actually “cause changes in the structure of the brain” and lead to cognitive problems and depression.

Unlike other injuries, it’s often difficult for medical professionals to diagnose concussions. For example, some patients don’t visit the doctor immediately after sustaining a head injury since they don’t lose consciousness. But many of these people can still experience life-threatening conditions, such as bleeding in the brain or permanent cognitive problems. More significantly, when people who have suffered these injuries do visit their physicians, CT scans and MRIs can read as “perfectly normal” after a concussion. This is a proven problem, since there’s no specific diagnostic test to determine if a patient has been concussed.

So what does this mean for you? If you or a loved one has suffered a head injury, you’ll want to know the implications of this new study. Since it turns out that even a single concussion can have lifelong effects, if you’ve had a traumatic brain injury at any point, you may have a claim.

How Do We Define Concussions and Other Brain Injuries?
Many articles toss around the phrases “traumatic brain injury” and “concussion.” Are they the same thing? According to the Mayo Clinic, a “traumatic brain injury” occurs “when an external mechanical force causes brain dysfunction.” It can result from violent blows to the head or body, and can include situations in which object penetrates the skull (such as a bullet).

A bit differently, “a mild traumatic brain injury” can cause “temporary dysfunction of brain cells,” and can result in symptoms such as bleeding, bruising, and other physical damage. A concussion is a type of mild traumatic brain injury.

What Did the New Study Find?
Using a technique called magnetic resonance imaging—different from typical MRIs—the new study compared the brains of healthy subjects with the brains of patients who had suffered a mild traumatic brain injury a year prior. In the subjects who had suffered these brain injuries, the comparison showed that those patients had “shrinkage in brain regions” that control “memory, executive function, and mood regulation.” The researchers conducting the experiment described their findings of “true structural injury” to brains that had undergone even a single concussion.

This study is the first of its kind, as previous research failed to confirm that a single concussion is capable of leaving “measurable scars on the brain.” Although scientists and physicians suspected as much, Dr. Yvonne W. Lui, the study’s lead author, said that the new findings simply confirm years of suspicion in her field.

These results have significant implications for persons who may be concussed in the future, but also for those who are currently suffering the after-effects of a brain injury. Brain-trauma victims now may be able to get answers about the “biological underpinnings” of enduring symptoms from their concussions.

In addition, results like these may lead to increased monitoring for patients who experience these single, isolated concussions. For example, another study from the National Institute of Health concluded that MRIs should be used more widely to “detect differences in the post-concussive brain” in time periods after the suspected concussion. This can lead to better diagnoses and treatments in the long run.

What Are the Long-Terms Effects of Concussions?
After the Radiology study was released, NPR conducted an interview with Steven Flanagan, the co-director of the Concussion Center at NYU Langone Medical Center. Flanagan explained the potential long-lasting effects from even a single concussion, but he emphasized first that many people who have a concussion “do fairly well and become asymptomatic within a fairly short period of time.”

However, there’s a “significant minority” of patients—between 10 and 20 percent—who can develop chronic problems from a head injury. These symptoms can include mood-related problems (including depression and anxiety), in addition to problems with headaches and balance issues. As well, some concussion patients can experience difficulty thinking and dealing with general concentration.

If you’ve experienced a head injury and continue to have symptoms like those mentioned, you may have a claim. Contact an experienced attorney today to discuss your case.

See Related Blog Posts:
Brain Injury Incidence Higher than Figures Indicate
New Medical Procedure May Bring Hope for Victims with Brain Injuries

A freelance photographer happened to have his camera at the ready when a semi-tractor trailer truck slammed into a car parked on the side of the I-805 freeway.

According to reports, just prior to the crash a driver clipped an electronic CalTrans sign and knocked it into the freeway. Numerous cars struck the debris, causing traffic to slow. One driver, Doug Calapan, pulled over to the shoulder to report the accident when a large big-rig truck came barreling down upon him. As the video shows, his car was struck with tremendous force.

Amazingly, the Mr. Calapan survived without serious injury.

Here is the video from Channel 10 News:

The personal injury lawyers at the Walton Law Firm represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, truck accidents, property injuries, and other negligence related injuries. Call (760) 571-5500 for a free and confidential consultation.

In February 2013 there was a lot of buzz regarding the latest national transportation study by Texas A&M about driving time delays -- San Diego came in 16th in the nation when looking at time wasted in congestion. Most of the local news focused on the improvement efforts for traffic in San Diego as part of longer-term transportation strategies, such as the I-15 express corridor. But what about the annoyance and frustration drivers feel when stuck in traffic? Have road rage incidents decreased with the traffic improvements in San Diego?

Driving Stress
What was not as well reported was information about the Texas A&M Commuter Stress Index -- an indication of how stressed out motorists are San Diego roads. San Diego drivers spent an average of 37 hours stuck in rush-hour traffic. This is barely more than half the amount of time spent by drivers stuck in Los Angeles and Washington, D.C. traffic. Despite this day and half stuck in a car, driver stress has declined over the past five years.

Does that mean that San Diego drivers should no longer be concerned about "road rage"?

Not necessarily. In fact, recent estimates by Allstate Insurance placed San Diego at a moderately low 124th out of top 200 metropolitan areas in the nation for "best drivers". It should be noted that the top five safest driving cities are located in areas subject to extensive snowfall, thereby keeping people inside for warmth. Even though San Diego is low on this list of 200 cities, we do have better weather conditions.

Road Rage and the Law
So, what does California law say about "road rage"? While there is no specific statute for "road rage", there are criminal penalties for "reckless driving" and potential "felony assault" if the vehicle is driven in a dangerous and aggressive manner. Aggressive driving is considered reckless. Reckless driving can land you with a $1,000 fine and up to 90 days in jail. Aggressive driving can also be considered assault with a deadly weapon and lead to a charge of misdemeanor assault. With a misdemeanor charge you can find yourself in jail for up to one year. If you find yourself facing a felony assault charge, then jail time can be two to four years.

Charges of reckless driving to felony assault can lead to civil liability. Even if you are not convicted of reckless driving, you can still wind up in court defending yourself against charges of injuring another person and their property. Which means, if you are a victim of road rage, you may have a case.

If you come upon a reckless driver, give them space. If you witness acts of road rage while driving in the San Diego area, you are encouraged to call 911. If you are in an accident due to the actions of a reckless driver, you could have a legal claim.

To explore your legal rights as a plaintiff in a road rage case the Walton Law Firm will assess your case with a free consultation.

See Related Blog Posts
Drowsy Driving Accidents in California
Teenage Street Racing Crash Kills Two and Seriously Injures Two