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San Diego Vehicle Fire Raises Questions

January 27, 2012

Try for a moment to imagine yourself in the following situation: You go out one evening with some friends and have a few drinks. By the time you make it back to the parking garage where you left your new BMW, you realize that you have had a drink too many to be getting behind the wheel of your car. So you do the responsible thing and decide not to drive and instead take a few hours to sleep off the effects of the alcohol in the car. Now imagine that you wake up just a few short hours later to the smell of something burning, only to quickly realize that that something is your vehicle. Burned-BMW-Blurb.jpg

This is precisely what happened this week to Philip Cox, a resident of Pacific Beach. Cox, who had owned the car for only about five months, left it in a parking garage attached to the Hilton San Diego Bayfront Hotel. Cox leapt out of the vehicle immediately when he smelled smoke and, upon realizing he had left his cell phone inside the car, flagged down a passerby to call 911. Firefighters arrived on the scene early on the morning of January 26, and they were able to extinguish the fire before it could spread to the gas tank or to any other surrounding vehicles. Fortunately, no one was reported injured in the fire, but a picture taken by a reporter for NBC San Diego shows that the damage to the car was quite extensive. Although the accompanying article does not say so specifically, it certainly appears from the photograph that the BMW will be a total loss.

Thus far, investigators have not been able to determine what caused the vehicle to catch on fire. As our San Diego personal injury lawyer can tell you from experience, while vehicle fires can and do occur due to high speed impacts, they generally should not happen when a vehicle is parked and sitting idle. The article does not indicate how long the vehicle had been running or even whether it was running, but given the amount of damage to the car, it is apparent that something really must have gone terribly wrong with the car.

Naturally, when something like this happens, the first inclination of a California product liability lawyer is to suspect that the vehicle must have somehow been defective. BMWs are expensive, and this one was less than six months out of the dealership, so it catching fire could very easily have been the result of some kind of manufacturing defect. Of course, there are plenty of other plausible explanations for the fire that have nothing to do with the car itself, but based on the information available, it certainly appears to have been a product defect.

It is fortunate that no one was injured in the fire, but if a defect was the reason for the fire, it is important for the company to be made aware of the problem so that more fires do not occur. California product liability law makes manufacturers liable for injuries caused by defective products and provides strong financial incentives for companies to take responsibility for making sure their products are safe for consumers.

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San Diego Personal Injury Lawyers Take Aim at Shape-Up Shoes

January 20, 2012

It's January, and many of us are hard at work making changes in our lives to kick off the new year. Of course, one of the time-tests favorite resolutions is to improve physical fitness and get in shape. Many different methods are often employed to lose weight and get fit. The most popular options are almost always those that seem both fun and easy. For example, one supposedly easy way to get in shape that has captured public attention over the last few years is a new kind of shoes called Shape-Ups. Shape-Ups are manufactured by Skechers. They are claimed to boast a revolutionary new design that works muscles all over the lower body, helping wearers tone up and get a real workout just by walking around. shape%20ups.jpg

However, a San Diego personal injury law firm has filed a class action lawsuit on behalf of 37 people who claim that they were injured as a result of wearing the shoes. The types of injuries suffered vary, with some plaintiffs complaining of twisted or sprained ankles and torn ligaments, while others have suffered falls and broken hips while wearing the shoes. The design of the shoe differs from regular athletic shoes in that rather than being relatively flat on the bottom it has a bulging base that rolls the foot as the wearer walks.

The plaintiffs are alleging fraud, negligence, and other claims against Skechers. According to ABC 10 News out of San Diego, although the company did not comment on this lawsuit specifically, Skechers did previously release a statement in which the company said, “Millions of people wear Shape-Ups without experiencing (serious injuries).” However, according to the California personal injury lawyer who is representing the class of plaintiffs, there has been no indication thus far that Skechers conducted safety testing of the shoes prior to their release on the market.

The lawsuit will likely involve testimony by medical experts as to whether or not the Shape-Up shoes were indeed the cause of the plaintiffs' various injuries. Ultimately, if it is determined that the shoes are responsible for the harm suffered by the plaintiffs, then Skechers could likely be found liable. Under California products liability law, when a manufacturer produces a product that is unsafe when used in an intended or foreseeable manner, the manufacturer is liable for the injuries that the product causes.

In addition to facing the lawsuit, Skechers may have to also deal with scrutiny from the federal government. The Federal Trade Commission, the agency responsible for consumer protection, has recently been looking into a similar product manufactured by Reebok. Either way, the lawsuit will likely make consumers think twice before they purchase Shape-Ups in the future. Our San Diego injury lawyers know that raising awareness of potentially dangerous products is one of many ways that the civil justice system acts as an important check on companies.

The injuries that form the basis of the suit, regardless of what proves to be the actual cause, are a good reminder to always get a doctor's opinion before starting any kind of exercise program, even one that just involves a change in shoe. Our bodies are fragile, and changing the way that we work out can wreak havoc if we're not careful.

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

January 13, 2012

pushpin.jpgOur San Diego wrongful death lawyer has seen more than his fair share of tragedy—it’s a natural part of working in this field. No San Diego wrongful death case is more heart-wrenching than one that involves a child. Sadly, many local families continue to deal with the pain of losing a child, often following preventable tragedies. For example, in August of last year, Danny and Aja Howell lost their 3-year-old son Tyler when he choked to death on a pushpin while at his preschool, the Montessori School of Oceanside. According to an article by NBC San Diego, rescue workers attempted to save his life, but little Tyler passed away shortly after being transported to a local hospital.

Following Tyler's death, the California Department of Social Services (“CDSS”) conducted an investigation into the school's actions to try to determine what happened on that terrible day. After looking into the events leading up to Tyler's death, the CDSS concluded that the school had not accurately followed all relevant safety rules. In particular, the CDSS found that the school failed to provide adequate care and supervision, properly store classroom supplies, and provide proper accommodations for students.

At the time of Tyler's death, his mother reportedly stated that she and her husband did not blame the school for the loss of their little boy. However, a few months later, after the shock of their son's death has started to wear off, they have understandably come to learn more about what actually happened. Although people who have never suffered a loss like this one often criticize those involved in the situation, their response is not an uncommon one. Often, in the immediate aftermath of a tragedy, people are not able to think clearly about the details of the event. Instead, they are just trying to keep moving forward and make it through each day. Sometimes, it is not until weeks or even months later that families are able to fully process what happened and make rational decisions about how to move forward.

In this case, after having had the time to consider what happened to Tyler, the Howells have decided to file a lawsuit against the school seeking basic redress and accountability. The lawsuit alleges that Tyler's death was a direct result of the Montessori School of Oceanside's negligent supervision. Of course, the Howells realize that no amount of money will take away the devastation that losing their child has caused.

Our San Diego wrongful death lawyer has come to appreciate that for most residents, these suits are not about the money. It is about using our legal system to prevent future injuries and deaths. The Howells hope that by holding the school accountable for their son's tragic death, they will help to prevent the same thing from happening not only at the Montessori School, but at other schools across California and throughout the rest of the country. They recognize that although it was an accident and no one set out to harm Tyler, the best way to increase accountability and awareness is through a lawsuit that makes schools that fail to provide adequate supervision be held responsible for their neglect. Hopefully, other schools will take note of this story and of the lawsuit filed against the school, working to proactively take steps to ensure that nothing like this ever happens to another child.

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San Diego County Drunk Driving Arrests Increase Over Christmas Weekend

December 30, 2011

A few weeks ago, over the Thanksgiving holiday weekend, we brought you a report that showed an increase in an San Diego drunk driving arrests over the same holiday weekend last year. Unfortunately, according to Signs on San Diego, during this past weekend's holiday festivities, we saw a continuation of that trend. Last year, over the weekend of Christmas, police in San Diego County arrested 33 people on suspicion of driving under the influence. Over the same weekend this year, police made 56 arrests for driving while under the influence. Because Christmas fell on a Saturday last year and a Sunday this year, the relevant period of measurement in both years fell between Friday evening and early Monday morning.

This report demonstrates that in spite of an increased focus on drunk driving and a greater emphasis on arresting those who drive while under the influence of drugs or alcohol, there are still far too many drivers getting behind the wheel after having too much to drink. Indeed, drunk driving continues to be one of the biggest contributors to San Diego car accidents, even though the last few decades have seen citizens across the state and across the nation rally to increase awareness, safety regulations, and enforcement.

Like most, our San Diego car accident attorney would like to see the number of drunk drivers on the road decrease in 2012. One of the reasons that drunk driving continues to be so prevalent is that there continues to be a lack of adequate social pressure to counteract the tendency of bar patrons and party-goers to believe that they are “okay to drive” even when they have been drinking. The problem is that, unlike with many other crimes, fellow bar patrons are often unwilling to try to dissuade their friends from driving and even less unwilling to confiscate keys, especially when the driver is not obviously impaired. Additionally, people metabolize alcohol at different rates, and a drink that puts one person over the legal limit may not even put another person close to the legal limit. Therefore, it can be difficult for people to tell if they themselves are impaired, let alone their friends. CarAccident7706.2.JPG

As we move into the new year, our San Diego injury attorney would like to encourage everyone to do his or her part to curtail drunk driving in San Diego and throughout the rest of the state. If you are going out with friends, always have a designated driver and make sure he or she sticks to that role all night. If you often go out with the same group of friends, take turns being the designated driver. If you cannot find anyone to drive, spend the few extra dollars to take a taxi home at the end of the night. The money you spend on a cab is negligible next to the amount you will pay in fines, court costs, and attorney fees if you are caught driving drunk or even worse, if you injure or kill someone because you got behind the wheel when you should not have.

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San Diego Car Crash Leads to Power Outage, Fire

December 23, 2011

car%20crash.jpgOur San Diego car accident attorney knows that the consequences of a vehicle crash often fall far outside the usual and expected. One can never know how a person will react to an impending accident, and therefore, the direction, speed, and destruction from every accident is different, no matter how similar the events leading up to it.

A San Diego car crash that occurred just last night showed just how strange these consequences can be. According to an article by Sign on San Diego, the crash occurred just after midnight when a vehicle smashed into a power pole on Lakeview Road. The cause of the crash has not yet been determined, in part because there was no one in or with the vehicle when police arrived on the scene. Local residents informed police that they heard a loud crash from outside, and then their power went out. One power pole came down, while two others sustained major damage. The power outage affected approximately 1,200 homes and businesses in the area.

But the power outage was not the only unexpected consequence of the crash. A few hours later, firefighters were dispatched to a mobile home in the area that had lost electricity. While waiting for power to be restored, residents of the mobile home lit candles for light. Although it is not yet clear exactly how it happened, the flame from one or more of the candles ignited other items in the home, causing a fire that grew and engulfed the mobile home's bathroom. Fortunately, the three people who live there were able to escape without sustaining any major burn injuries, but they did all receive treatment for varying degrees of smoke inhalation.

It is not clear whether the person who hit the power pole, once identified, can be held responsible for the injuries sustained in the fire. California negligence law requires a plaintiff in a lawsuit to show both proximate and actual cause in order to prove a negligence claim against a defendant. Actual cause can be shown by demonstrating that but for the car crash, the fire would not have started. However, proximate cause is a little trickier because it requires that there be no intervening cause. Here, the plaintiff might argue that the crash led to the power outage, which led to the lighting of the candle, which led to the fire. However, the defendant would argue that the plaintiff's negligence in allowing the candle to start a fire was an intervening cause that should relieve the defendant from liability.

The complexities of law and fact in a case like this one demonstrates just how important it is to have a qualified negligence attorney on your side when pursuing a claim against a defendant. If you have been injured in a car crash or because of someone else's negligent actions, give our office a call today. Our San Diego car accident lawyer at the Walton Law Firm has experience with a wide variety of negligence claims and can help you determine your rights and get the compensation to which you are entitled.

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Rain, Excessive Speed Lead to Fatal Crash

December 16, 2011

car%20crash%203.jpg A man lost his life this week in a San Diego car accident when the vehicle in which he was traveling as a passenger spun out of control. Sadly, it is a far too common story. The crash resulted from wet, slippery roads and from a driver who was traveling too fast for the rainy conditions. Most, if not all, licensed drivers have heard about the very real danger of hydroplaning when driving in the rain.

Hydroplaning occurs when oils on the road repel rain water and create a layer of water between the road and a vehicle's tires. The vehicle loses contact with the road, which makes steering difficult or impossible. It happens most often during the first fifteen to twenty minutes of a rainstorm. Although drivers are aware of the risk, there are always at least a few - and often many - drivers in every rainstorm who ignore the known danger and drive too fast for conditions.

According to an article on the Sign On San Diego website, this is precisely what happened on Interstate 15 early this week. A young Escondido woman was driving a BMW car, and her father was a passenger in the vehicle. According to police, the driver of the BMW was traveling at a higher rate of speed than was safe, given the weather conditions at the time. Police did not specify how fast she was going or whether she was likely exceeding the posted speed limit. The rain caused the BMW to hydroplane, and the vehicle turned sideways across another lane of traffic. A large passenger van collided with the BMW, striking the passenger side door and killing the man riding inside.

Our San Diego car accident lawyer works with victims in Escondido and knows that accidents like these often pose interesting legal questions, especially where the driver's exact speed before the crash is not known. The legal theory on which a case like this is based is one of negligence. Without getting into the complexities of California negligence law, for a case like this, the biggest question is likely to be whether the driver of the vehicle exercised due care.

One question that Escondido car accident attorneys will be asking is whether the woman driving the BMW was exceeding the speed limit, and if she was, by how much. If her speed is able to be determined, and she is found to have been exceeding the posted speed limit at the time, then negligence would be much easier to prove since the speed limit is essentially a declaration of how fast a driver can safely travel on that road, even in the best of weather conditions. On the other hand, if she was not speeding, she still may have been traveling too fast for the conditions that existed at the time of the accident. In order to make that determination, lawyers would have to look to how fast the other vehicles were traveling, how hard it was raining, and whether there had been any road flooding or other indications of danger.

Many of these observations will come from witnesses to the crash, which is why it is important for drivers who are in the immediate vicinity when a crash occurs to remain on the scene. Even if they did not witness the collision itself, they often still hold vital information. If you are involved in a car accident, always first take care of yourself and the others involved. If you are able, also try to get witnesses to remain until police arrive or, at the very least, to give their names and contact information so that you can get statements before memories begin to fade.

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San Diego Trial Highlights Difficulty in Valuing "Pain and Suffering" Damages

December 15, 2011

The number one question most personal injury lawyers get from clients is “what is my case worth?” It’s a delicate question that requires a delicate answer. No honest attorney can answer that questions with absolute accuracy, and the truth is that ten juries might give an injured plaintiff ten different verdicts.

The difficulty in valuing personal injury cases usually because general damages are so difficult to value. General damages are commonly referred to as “pain and suffering” damages, but are really much more than just the pain and suffering someone has endured due to a personal injury accident. Indeed, the California jury instructions describes those damages to include shock, anxiety, worry, embarrassment, disfigurement, grief, fear, the loss of enjoyment of life, in addition to pain and suffering. There is no set value on general damages and these damages are determined on a case by case basis.

An ongoing case here in San Diego illustrates the difficulty in valuing pain and suffering damages in injury and death cases. In 2008, a Navy jet malfunctioned and crashed into a suburban San Diego neighborhood. The crash was tragic, and claimed the lives of four people, the wife, mother-in-law, and two infant children of Don Yoon, who was not in the home at the time. As a result of the crash, Yoon sued the Navy, who has admitted its liability for the accident. The trial that began this week is simply about the value of the case.

What is the value of the case to Mr. Yoon? Here is a man whose young wife and two young children were taken from him due to someone else’s negligence. Of course, to Mr. Yoon there is no sum of money that could compensate him for his loss, and he would no doubt give up anything to have his family back. But in a San Diego courthouse, a judge is going to have to place a value on the lives of all those lost.

According to new accounts, the two parties tried to settle the case prior to trial but simple could not agree. The government has apparently offered just under $1 million to the family, but Mr. Yoon’s attorneys have demanded $56,000.00. The reality is that ten different juries would probably view Mr. Yoon’s loss differently, and make ten different awards. The judge in this case has his work cut out for him.

A good personal injury lawyer will make every effort to highlight the aspects of the case that have the most impact on the injured person’s life. More important than the literal pain caused by the accident is the impact the accident has had on the persons quality of life and the ability to enjoy life. Being able to articulate those damages is where the value of a case lies.

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Cell Phone Use While Driving a Growing Concern

December 9, 2011

Our San Diego car accident lawyer is well aware of the growing role that cell phone use is playing in California's car accidents. Fortunately, it appears that Californians are also waking up to the dangers of talking on the phone or texting while driving. According to an article on NBC San Diego's website, a new survey, just released by the California Office of Traffic Safety, shows that California's drivers list cell phone use as their number one safety concern on the road, even ahead of aggressive driving or speeding, which ranked second, and drunk driving, which came in third.

According to the study, 38.8 percent of those surveyed listed cell phone usage as their biggest safety concern. This number reflects an increase in awareness of talking and texting while behind the wheel. Last year's study listed cell phone usage second behind aggressive driving and speeding, with only 18.3 percent of drivers listing it as a top safety concern. The trends lines are moving in the right direction. However, there remains a significant difference between saying that these distractions are dangerous and actually taking steps to eliminate those distractions to make our roads safer. highway.png

Even the federal government has taken notice of the problem and has started running radio advertisements to try to combat the problem. In addition, the government has launched a website dedicated to the issue, which can be found at www.distracteddriving.gov. The site provides access to facts about the risks of driving while your mind is on something else, with an emphasis on the most common behaviors like texting or talking on the phone, as well as eating, applying makeup, and more.

In 2008, the California Public Utilities Commission banned texting by train conductors after a conductor involved in a horrific train accident was found to have been texting at the time of the crash. The following year, the state banned texting while driving, including writing, sending, and reading texts. By including the sending of texts in the ban, the state has included even those texts that can be dictated into a smartphone instead of being manually typed.

Prior to the texting ban California also passed a law regarding the use of cell phones while driving. The 2008 law makes it illegal for all drivers to use a handheld wireless device while driving. It also bans the use of any kind of device, including a hands-free device, for drivers under the age of 18; but drivers who are 18 or older are permitted to use hands-free cell phones. In addition, in emergencies, drivers who do not have immediate access to a hands-free device are permitted to place emergency calls.

There simply is no disputing that cell phone use while driving has led to more San Diego car accidents. If you have been involved in a crash that may have resulted from a distracted driver, our San Diego personal injury lawyer can get access to the other driver's cellular phone records in order to determine whether he or she was on the phone or texting at the time of the accident.

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San Diego Drunk Driving Arrests Increase

December 2, 2011

car%20crash%20x%202.jpgDespite ever-increasing attention on drunk driving across the country, the arrest rate for San Diego drunk driving over the Thanksgiving weekend went up this year, with officers bringing in 88 drivers, as opposed to last year's 85. The measured time was from 6 p.m. on Wednesday evening until 6 a.m. Sunday morning, which means over the 4 nights there was an average of 22 arrests each night. Arrests were also up in neighboring Orange County with 69 drunk driving arrests compared to last year's 39. In addition to those arrested, there were almost certainly many more intoxicated drivers who were not caught.

The trend in San Diego and Orange Counties is not isolated. A quick online search for Thanksgiving drunk driving searches reveals that San Diego drunk driving arrests are up in states across the country, from California to Maine and everywhere in between. The time of the year Thanksgiving to New Year's Day is notorious for having the highest rate of drunk driving incidents. Work holidays and long weekends give rise to later nights, more parties, and more alcohol, all of which lead to more people getting behind the wheel when they really should not.

The legal blood alcohol content limit in California is .08 percent. The amount of alcohol that it will take to get a particular person to that level varies depending on the weight and metabolism of the drinker, as well as the alcohol content in the beverage and how fast it is consumed. Some people, especially those who do not drink very often, experience impairment at lower levels. The best practice is simply not to drive if you have been drinking.

The U.S. Centers for Disease Control (CDC) estimated that in 2010, there were 112 million incidents of drunk driving in the United States, many of which were never discovered. The CDC also reports that 1 in every 3 car accident fatalities involves an impaired driver, with well over 10,000 people dying every year in drunk driving accidents. Many others suffer severe, sometimes permanent, injuries.

If you are involved in a car crash, the first thing you should always do is call the police. Even if the damage to your vehicle appears to be minimal and you aren't in any pain, you could still be injured. If there are any witnesses to the accident, ask them to stay until the police arrive so that their statements can be taken while their memories are fresh. If they can't stay, at least get their names and phone numbers so that they can be contacted later. Also, be sure to see a doctor as soon as possible after the accident. Often, an accident causes an adrenaline rush, which can mask symptoms of injuries in the immediate aftermath.

If you have been the victim of a drunk or otherwise impaired driver, you may be entitled to compensation for your injuries. Our San Diego car accident lawyer knows how difficult it can be to deal with injuries and ongoing pain from an accident. He can help you determine your rights and start putting your life back together.

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Over-Zealous Shopper Unloads Pepper Spray on Fellow Black Friday Shoppers

November 25, 2011

Every year, millions of shoppers get out of bed in the wee hours of the morning to trek out to their local malls and shopping centers in hopes of being able to get some great deals on Christmas presents for their loved ones. The best sales are typically offered at the earliest part of the day, with some even starting Thanksgiving night around 10 or 11 o'clock, and the supplies are limited. The idea is, of course, to get lots of shoppers out to get the good deals and then to hopefully keep them there long enough to get them to buy more. shopping%20addiction.jpg.

Unfortunately, the items that are offered up for what are sometimes ridiculously low prices are often in such limited supply that many of the customers that make the trip out to get them end up leaving empty-handed. In some cases, customers become so desperate to be one of the lucky few to take advantage of these deals that they actually become violent. Our San Diego injury lawyers know that every Black Friday comes with news of shoppers being injured across the country in various ways, the most common of which is trampling by over-eager customers rushing to get to the shelves before they are cleared.

This year, a female shopper made the news after unloading a can of pepper spray on her fellow shoppers at a crowded Los Angeles Wal-Mart. Shoppers were permitted to enter the store around 10 p.m., but some merchandise was still inaccessible at that time. When the covers over an electronics display were lifted to allow customers to access them, the woman fired pepper spray at the other shoppers in what was presumably an attempt to gain some sort of tactical advantage and get to the display before anyone else could. Twenty people were injured as a result of the incident, with some of them suffering reactions to the pepper spray and others being caught up and jostled in the crowd. The woman has not yet been identified.

Sadly, as our San Diego injury attorney knows, this is not all that unusual of an occurrence, whether on Black Friday or at different times throughout the year. While most people do not look to violence as a means to accomplish their goals, there are those who do not even think twice about turning to physical assault and battery if they believe it will help them achieve what they are trying to do. Under California assault and battery law, a civil assault occurs when the perpetrator causes the victim to reasonably believe that the victim is in imminent danger of bodily harm or death. A battery occurs when the perpetrator touches a victim in a harmful or offensive manner or when the perpetrator causes something else to touch the victim in a harmful or offensive way. So, for example, although the woman with the pepper spray did not actually touch any of the victims, she caused the harmful touching by the pepper spray, so the victims could sue her for battery.

If you have been the victim of an assault and/or a battery, please call our office to see whether you might be entitled to compensation from your attacker. Being a victim can lead to long-term emotional damage and fear, but taking action against your attacker in the courtroom can be a great step towards healing and recovery. No one is entitled to commit an assault or battery against you. Call our San Diego accident attorneys today to learn how you can fight back without stooping to the level of your attacker.

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Dr. Conrad Murray Case Highlights Criminal vs. Civil Medical Malpractice Issues

November 14, 2011

Many San Diego wrongful death lawyers will be watching the legal battles of Dr. Conrad Murray, doctor of the late pop-star Michael Jackson, even more closely in the coming year. Dr. Murray was found guilty of involuntary manslaughter on November 7 in a criminal trial that caught the world’s attention. After hearing the verdict, the pop-star’s father, Joe Jackson, told waiting crowds, “There’s more.” pills.jpg

Two California wrongful death lawsuits have already been filed, one each by Mr. Jackson’s parents and also on behalf of his three children, against Dr. Murray and the company behind Michael Jackson’s final “This is It” tour, AEG Live LLC. On November 9, a Los Angeles judge ruled that the civil suits can move forward, so Dr. Murray’s court battles are by no means over. Under California tort law, a criminal verdict can be used as evidence in a civil trial. Also, the burden of proof in a civil trial is lower than in a criminal trial. A prosecutor has to show the defendant committed the crime “beyond a reasonable doubt,” which is a difficult standard to meet. In a civil case, the plaintiff need only show responsibility by a “preponderance of the evidence,” which in layman’s terms means it is more than 50% likely that the defendant is responsible. Also, evidence laws are more lenient in civil cases than criminal, meaning that evidence excluded from the criminal trial may be used in the upcoming civil cases.

The end result of these actions is hard to guess at this point, even for San Diego medical malpractice lawyers. AEG’s responsibility will likely depend on the specific wording of the contracts involved and also the nature of the company’s ties to Dr. Murray. With the appeal of his criminal verdict pending, Dr. Murray may also wish to avoid further court battles and the accompanying media frenzy by settling the suit out of court. It is unclear at this point what kind of medical malpractice insurance he may have, as well.

While the media attention focused on the death of an international superstar like Michael Jackson may seem unrelated to the lives of average Californians, the National Safety Council estimates that over a hundred thousand families lose a loved one to a preventable accidental death each year. And wrongful deaths alleged through medical negligence are very complex cases regardless of whether the victim is famous or not. There are specific rules on who may file these types of civil suits. There are also deadlines as to how long after the death of a loved one a California wrongful death lawsuit may be filed—generally up to a year after the death for a medical malpractice claim. But the varying timelines and rules depending on the type of wrongful death alleged and what type of defendant is being implicated, along with the complex nature of these cases that often involve expert testimony, mean that it is very important to consult a San Diego wrongful death lawyer. These professionals can answer any questions you have about filing a wrongful death lawsuit. Because of the short deadlines for filing such cases, if you have suffered the loss of a loved one in what you believe was a preventable accident or through medical negligence, please seek legal advice from an experienced medical malpractice and wrongful death lawyer as soon as possible.

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Cloudy With a Chance of Fender-Benders: Rash of Weekend San Diego Car Accidents

November 9, 2011

According to Sign On San Diego, Friday was one of the worst days for traffic accidents in the San Diego region for a very long time. The rain that the region endured at the end of the workweek resulted in some 340 traffic accidents around the San Diego County region.

The worst time for such collisions was between 10 a.m. and 6 p.m. Friday, according to figures released by the California Highway Patrol. The peak hour was 4 p.m. to 5 p.m., when a whopping 38 collisions occurred, averaging more than one accident every two minutes. California Highway Patrol was stretched thin tending to the accidents that clogged major arteries across the metro area. rain%20crash.jpg


This rate is better put into perspective when compared with a typical, non-rainy day when San Diego County car crashes number between 50 and 75. That means that the Friday commute saw some fivefold increase in the number of crashes. Though any time there’s rain the number of accidents increase, this Friday saw an especially full day of San Diego auto accidents.

San Diego commuters had to contend with more than just dinged bumpers; there were multiple rollover accidents, including a rollover on Highway 94 in which Border Patrol agents were forced to cut a seatbelt to free a woman trapped inside her vehicle. Rain should not be underestimated as a hazard and drivers need to be cautious when getting behind the wheel in wet weather.

Rain makes it significantly more difficult to stop and thus more difficult to stay on a roadway or to avoid colliding with other vehicles. This is even truer when it first begins to rain when roads are at their most slippery. Oil rises to the top at the outset of any rainstorm and the roads become a greasy mess. In addition, water sprays onto drivers’ windshields and obscures their sight of the surrounding lanes of traffic. Dirty, oily water coating drivers windshields combined with a slick surface leads to a dramatically increased chance of injury producing collisions.

Rain is set to return, so drivers need to be prepared for another slippery commute. To stay safe on the road our San Diego car accident attorney recommends the following tips: 1) drive slowly; 2) keep your eyes on the road; 3) avoid breaking quickly as stopping time increases and other drivers will have a difficult time breaking; and 4) avoid standing water or flooded roads.

Following these tips can keep you out of harms way. However, if you’ve been injured by someone not as well informed, you may be entitled to compensation for the harm you suffered. Our San Diego car accident lawyer would like to help you determine what your rights are and whether you are entitled to receive damages from losses you sustained. If you were injured by a careless driver please call our office today to set up a free, no-obligation consultation with our San Diego accident attorney. He will discuss your case with you and assist you in deciding where to go from here.

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