San Diego Injury Law Blog

Two San Diego pedestrians died yesterday after being struck by cars in separate incidents. The first was in North Park, where a 20-year-old pedestrian suffered major head injuries and died after being struck on University Avenue. The other occurred in Paradise Hills, where a pedestrian was hit near Sky Harbor Road.

According to the National Highway Traffic Safety Administration a pedestrian is struck and injured every eight minutes in the United States, and killed every 111 minutes. A large majority of pedestrian accidents occur in urban areas, at non-intersection locations, and in normal weather conditions.

Nearly half of all pedestrian accidents occur in the afternoon, and children and the elderly are typically at a greater risk of being injured in a pedestrian accident. Many of these incidents are the result of negligent or reckless drivers.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Pedestrian Accidents , Personal Injury

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The U.S. Agency for Healthcare Research and Quality announced the results of a study that finds preventable mistakes that occur during and after surgery would save countless lives, and save approximately $1.5 billion per year.

According to the study, medical insurance companies paid 52% more for surgical patients who suffered acute respiratory distress post-surgery, and 48% more for post-surgical infections, compared to patients who did not experience those complications. In addition, the study found that nursing care associated with medical errors, including bed sores and hip fractures, caused an increase in costs of 33%.

Most stunning is the study's finding that one of every 10 patients who died within 90 days of surgery did so as a result of medical malpractice.

Some tips to follow to avoid medical mistakes. If you have a choice in which hospital to have a procedure performed, choose one with a lot of experience with your condition. In addition, prior to surgery make sure that you, your doctor, and your surgeon are clear on exactly what procedure is going to be performed.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Medical Malpractice

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While we expect spice when we bite into a jalapeno, we certainly don't expect salmonella food poisoning. However, the FDA announced yesterday that a jalapeno pepper from Mexico and imported through Texas have tested positive for the same strain of the salmonella virus that has sickened thousands and killed two across the United States.

Although the FDA has not yet determined the source of the outbreak, they are currently recommending that consumers avoid eating fresh jalapeno peppers or products, such as salsa, made with them. That's of little comfort to me, and many others I suspect, as I've eaten a lot of salsa in the past couple of weeks.

Posted by D. Scott Barber | Permalink | Email This Post

Posted In: Defective Products

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Studies show that hundreds of deaths and injuries on the highway each are caused by truck drivers suffering from medical problems behind the wheel. The Federal Motor Carrier Safety Administration admits that it hasn't implemented any of the eight recommendations regulators proposed in 2001. The number of trucking crashes has been described as a "major public safety problem," and impacts drivers in every state.

The leading cause of serious accidents by large trucks occurred where drivers fell asleep, suffered heart attacks or seizures, or otherwise became impaired because of a medical condition. The FMCSA medical oversight board states that trucking accidents are one of the biggest causes of occupational death in the US, and is urging more doctors visits for truck drivers.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Trucking Accidents

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One of the most frequent questions Walton Barber gets from potential clients is, "Do I need a lawyer?" While there is no set answer, here are some general guidelines. You probably need a lawyer if:

1) You need more than one doctor visit to treat your injuries. Generally, if your injuries are such that you require two or more doctor visits or physical therapy, in addition to incurring medical bills, you are going to miss some work. When the bills start mounting and medical insurance gets involved, you probably need a lawyer.;
2) You're in a car accident and your vehicle sustains over $1,000 in damage. Generally, the higher the amount of damage to the car, the higher the forces transferred to the occupants. Of course there are exceptions to this so the amount of damage to a vehicle alone is not a determinative factor.; or
3) The other party denies responsibility for the accident. If the other party was at fault but denies it, you will definitely need an attorney as their insurance will likely not settle without a fight.

If you've been in an accident which meets one or more of the three criteria above, please do not hesitate to contact Walton Barber for a confidential and free consultation. If you're going to need a lawyer, it's better to get them involved earlier rather than later.

Posted by D. Scott Barber | Permalink | Email This Post

Posted In: Auto Accidents , Personal Injury , San Diego Car Accident , San Diego Personal Injury

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According to the Environmental Protection Agency (EPA), the value of the average American life has declined $1 million in the past five years and is now worth just $6.9 million.

Unlike the calculations made in wrongful death lawsuits, the calculations made by the EPA are based upon how much individuals are willing to pay to avoid risk and how much more employers must pay workers to encounter certain risks in their jobs. In California wrongful death lawsuits, the value of the case is dependent upon a number of factors including the deceased's earning capacity and the loss of the care, comfort, solace and society of the decedent.

The concern over the devaluation, moral questions notwithstanding, is that government agencies use this figure when enacting regulations designed to prevent various harms. Traditionally, a cost benefit analysis is done to determine whether the cost of enforcing a regulation is worth the benefit of saving lives.

Posted by D. Scott Barber | Permalink | Email This Post

Posted In: Personal Injury

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A decline in auto accident deaths may be attributed to the increase in fuel prices, a new study shows. The report was released last month at a meeting of the American Society of Health Economists.

The study found that for every 10% increase in gas prices, there was a 2.3% decline in automobile accident fatalities. Surprisingly, there was a greater decrease in accident deaths for drivers ages 15 - 17, which was 6%, than for drivers 18-20, which was 2.3%. The auto death statistics were acquired from the National Highway Safety Administration.

The study's authors believe that the number of auto-related deaths will decrease by 1,000 each month that gas prices continue to rise. There are approximately 40,000 deaths every year resulting from car crashes.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Personal Injury , San Diego Car Accident , San Diego Personal Injury

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The California Department of Insurance has ordered Allstate Insurance to cut its homeowner's insurance rates by 28.5 percent, one of the largest cuts ever required. On average, the each of the 50,000 Allstate ratepayers in California will save approximately $243 in premiums.

A complaint filed last year by the non-partisan group Consumer Watchdog challenging a proposed 9.8% increase in premiums led the decision.

"For the Insurance Commissioner to not only reject Allstate’s request for a rate increase, but to also accept our arguments for a substantial decrease, is a tremendous victory for California homeowners," stated Los Angeles attorney Daniel Y. Zohar. “In these times of economic uncertainty, hundreds of thousands of consumers will be able to keep more of their hard-earned money, rather than have to line the ever-swelling pockets of Big Insurance.

Obviously disappointed, Allstate has state it will comply with the ruling.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Homeowner's Insurance

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It's been a bad few weeks for the image of hospitals in America.

Two weeks ago, a woman died in the emergency room of a New York Hospital waiting for a bed. She apparently waited over 24 hours, and surveillance cameras show her lying on the floor of the ER for more than an hour before an employee came to check on her. Several staff members have been suspended or fired, including doctors and the family intends to file a lawsuit for malpractice.

Last Sunday, a 34-year-old woman died after getting stuck in the elevator of a Des Moines, Iowa hospital.

And just yesterday it was reported that 17 infants were given overdoses of Heparin, a blood thinner, when nurses accidentally gave the infants 10,000 units of blood thinner instead of 10, as called for. One of the infants has died.

Walton Barber LLP is a personal injury and malpractice law firm that represents individuals throughout San Diego County. The firm is always accepting new cases, and free consultations are available.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Medical Malpractice , Professional Negligence

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Hit-and-run auto accidents have declined in nearly all of San Diego’s North County cities over the last three years. Oceanside had the most dramatic decrease. In 2007 the city recorded 695 hit-and-run accidents, 157 fewer than were recorded in 2005. Escondido, Vista, and Encinitas also reported decreases. Only Carlsbad and San Marcos saw an increase over the same three-year period.

Based in Carlsbad, the law firm of Walton Barber LLP represents individuals throughout San Diego County in all types of personal injury, wrongful death, and nursing home abuse and neglect cases.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Motorcycle Accidents

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