San Diego Injury Law Blog

In the last month, two local high school students have died in automobile accidents, riding in cars with other teenagers who escaped the same accident with little or no injury. The difference? The teens who died were not wearing seat belts.

KUSI did a report this morning on the importance be belting up when in a car, and provided some pretty startling statistics. According to the officer interviewed in the video below, nearly every auto fatality can be attributed to one of three things: speed, driving under the influence, and the failure to wear a seat belt. As to seat belts specifically, despite a 95% compliance rate, more than 50% of local car accident deaths can be attributed to the failure to buckle a seat belt.

Take a look at the video, which has some dramatic footage.

Source: KUSI

The Walton Law Firm provides free and confidential consultations individuals involved car accidents, motorcycle accidents, pedestrian injuries, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, insurance disputes, and medical malpractice suits. Call (760) 607-1325.

A Montana jury awarded $850,000 in compensatory damages to the parents of an 18-year-old who died in 2003 in a baseball game. The teen, who was pitching, was hit in the head by a line drive hit with an aluminum bat. The family sued that bat's maker, Hillerich & Bradsby, for failing to place warnings on the bat informing users of the bat's potential dangers.

The manufacturer responded strongly to the verdict, stating that the bat was made in accordance with all approved standards, and contended that the same tragedy could have occurred with a wood bat. The verdict was "an indictment of the entire sport of baseball," a spokesperson said.

Notably, the jury found that the bat was not a defective product, but that the failure to adequately warn the users of the foreseeable risks made the product dangerous. According to reports, the judge is still considering an award of punitive damages.

This was not the first lawsuit against Hillerich & Bradsby. Last year, a 12-year-old boy sued the company after suffering brain damage when he was struck by a line drive. And in 2002, a teen age pitcher was hit in the head by a line drive and suffered severe head injuries.

Source: New York Times

Based in Carlsbad, California, the accident and injury lawyers at the Walton Law Firm represent individuals and families throughout San Diego County who have been injured in all types of auto accidents, motorcycle accidents, and all other accidents caused by negligent conduct. Call (866) 607-1325 for a free consultation.

The National Highway Safety Administration and Toyota Motors issued a warning today about potential dangers related to the floor mats possibly jamming accelerator pedals on almost 4 million Toyota cars. Toyota Motors and the agency, however, have known about the problem for more than two years.

Questions will no doubt arise about Toyota's awareness of the problem, after four people were killed in San Diego when the accelerator became stuck in a Lexus. This tragedy was blogged about here, and was a true tragedy, killing a husband and wife and their minor daughter.

According to reports, the NHSA began investigating the connection between floor mats and stuck accelerators after receiving five complaints from owners of the Lexus ES, model year 2007. That led to a 2007 recall of all-weather floor mats. Further investigation found that the design of the accelerator pedal allowed it to become easily entangled in the floor mat if the mat was not secured adequately. The research also disclosed that drivers were also likely to have difficulty shutting off the engine because Lexus uses a button instead of a key.

Source: New York Times

The Walton Law Firm represents individuals and families in the areas of personal injury, wrongful death, and nursing home abuse and neglect. Estate planning services are also available, including the creation or modification of wills and trusts. Call (760) 607-1325 for a free consultation.

The City of San Diego has taken action to crack down on taxicabs that do not meet safety regulations. In field inspections that were started last year, approximately 85% of all taxicabs inspected did not meet health and safety requirements.

“That's unacceptable,” said John Scott, Metropolitan Transit System (MTS) taxicab administrator. “We need to see the numbers drop, and we need to see them drop substantially.”

MTS regulates taxicabs outside San Diego, in cities including El Cajon, La Mesa and Poway, but the proposed regulations would apply only to taxis in San Diego proper. The regulations, if approved, would give MTS inspectors the authority to suspend or revoke operating permits for offenses that currently only result in a warning. While most of the offenses are for safety violations, the most common a failure to participate in annual inspections of the vehicles, MTS also wants to crack down on cab drivers who do not maintain adequate insurance or fail to provide customers a complete receipt.

According to Scott, it is time provide the public with an assurance of safety. “You're not going to get off with a warning anymore,” he said. “Basically, the hand-slapping days are over.”

Source: San Diego Union Tribune

The car accident lawyers at Walton Law Firm represent individuals and families throughout San Diego County who have been injured in motor vehicle accidents, including automobiles, motorcycles, and commercial trucks. Call today for a free and confidential consultation (760) 607-1325.

A San Diego school bus with no kids onboard lost control and crashed into a house in Emerald Hills this afternoon, injuring three people. According to reports, none of the injuries were life-threatening, but all three were taken to the hospital.

Just prior to the accident the bus reportedly rear-ended a minivan stopped at a stop sign, then careened into the house at Guymon Street and Euclid Avenue. It is being reported that the bus driver may have had a seizure. The house was empty at the time of the crash. Two of the three injured people were in the van, including a 44-year-old woman and a 9-year-old boy.

The home suffered extensive damage, and the Red Cross was called into assist the homeowners.

Source: San Diego Union Tribune

The Walton Law Firm represents individuals and families in the areas of personal injury, wrongful death, and nursing home abuse and neglect. Estate planning services are also available, including the creation or modification of wills and trusts. Call (760) 607-1325 for a free consultation.

A San Marcos woman out walking with her dog at 6:30 a.m. on October 19th, was struck by a car and injured. The dog was killed. The woman was walking on Amber Hill Road in the Old Creek Ranch area of San Marcos. She was flown to the hospital by paramedics. The driver remained at the scene. Information about her injuries has not been released.

Source: The North County Times.

The lawyers at the Walton Law Firm represent individuals and families who have been harmed in all types of auto accidents, motorcycle accidents, and all other accidents causing injuries. Call (866) 607-1325 for a free consultation.

Durable Power of Attorney for Financial Purposes
You should have a durable power of attorney that is less than five years old. If yours is older than that, it’s time to update. The durable power of attorney allows your agent, whom you designate, to step into your shoes and make financial and legal arrangements for you if you are unable to do so yourself. It’s important to have one prepared in case you become incapacitated even temporarily.

Advanced Health Care Directive
The Advanced Health Care Directive allows you to designate an agent to make health care decisions for you should you become incapacitated. Under California Probate Code section 4609, “capacity” is defined as the “ability to understand the nature and consequences of a decision,” and the ability to communicate that decision. You also must be able to understand the “significant benefits, risks and alternatives” in making a decision regarding your health care. If you lack capacity, your agent may step in and make decisions for you. In passing the laws regarding advanced health care directives, the California legislature recognized that individuals have a fundamental right to control their own health care including the right to withhold or withdraw life sustaining treatment. (Probate Code § 4650(a).) If you do not have an advanced health care directive, now is the time to make one!

Contact Kristen D. Walton, Esq. to make an appointment for a free, in person consultation.

Joaquin de Lara, a 51-year-old motorcyclist, was traveling westbound around the 7900 block of Airway Road in Otay Mesa when an eastbound driver of an SUV turned left directly in to de Lara's path. Witnesses say that de Lara collided with the SUV at a high rate of speed, and died at the scene due to the impact.

According to reports, the driver of the SUV purported told investigators that the sun was in his eyes at the time of the accident, and did not see de Lara's motorcycle. De Lara worked in the area and resided in Tijuana with his wife.

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Source: 10 News

The San Diego accident and injury lawyers at the Walton Law Firm represent individuals and families who have been injured in all types of auto accidents, motorcycle accident, and all other accidents caused by carelessness. Call (866) 607-1325 for a free consultation.

Most people would be surprised to learn the lawyers do not have to carry malpractice insurance (neither to doctors, by the way). And most clients don't ask whether their lawyer carries malpractice insurance. That's about to change.

Beginning January 1, 2010, lawyers who do not carry malpractice insurance must disclose that fact to their clients, in writing, at the time the attorney-client relationship is being formed, but only if the representation is expected to exceed four hours.

This new Rule of Professional Conduct (Rule 3-410) was approved by the Supreme Court in August, but not all attorneys are happy about it. Opponents of the new rule, mostly from solo practitioners and small firms, argued they would be unfairly affected, which would impose undue expenses and unfairly stigmatize those without it. It is estimated that approximately 20% of all lawyers in California do not carry legal malpractice insurance.

Here at the Walton Law Firm, we have always maintained an insurance policy for errors and omissions (malpractice). While it is ridiculously expensive (like pretty much all insurance these days), it's the responsible thing to do, for both client and lawyer.

Source: State Bar of California

The Walton Law Firm provides representation in the areas of personal injury, wrongful death, and nursing home abuse and neglect. Estate planning services are also available, including the creation or modification of will and trusts. Call (760) 607-1325 for a free consultation.

A woman was discovered laying unconscious and bleeding severely from her arms in National City last night after being attacked by three mastiffs. According to a witness, the woman was walking near the 2700 block of Granger Street when the dogs came out nowhere and knocked her to the ground. The witness called 911, and the victim was rushed to the hospital. Her current condition has not been reported.

This dog attack comes just days after the Marine Corps announced its ban of dogs with aggressive temperament, including pit bulls, Rottweilers, and wolf hybrid dogs. Under the new policy, families moving onto base housing may not bring those breeds. Families who currently live on base with one of those breeds can obtain a waiver if they can show their dog does not pose a risk or harm. The policy was motivated by the death of a 3-year-old boy who was fatally bitten by a pit bull at Camp Lejeune, N.C.

In the National City attack, Animal Control has seized the dogs, which will likely be put down.

Source: San Diego 10 News

The dog bite attorneys at the Walton Law Firm represent individuals all over San Diego County who have been injured by dogs. If you have a question about a dog bite matter and would like a free consultation, please call (866) 607-1325 or fill out an inquiry form online.

The National Traffic Safety Administration is out with a study on traffic safety, and reporting that fatalities caused by traffic accidents were down 7% this year from the same period last year, and down 18% since 2005. It is unclear what's behind the drop, but several possibilities were suggested. People may be spending less time behind the wheel because of the economic recession. More probably is the increased use in seat belts. The report states that 84% of drivers are now consistently using seat belts, a record.

Car safety is also given attribution to the declining death rates. As older vehicles are replaced with new cars that have air bags, modern braking systems, and stability-control, the car accident death rates were expected to improve. While the number of car accident death is still very large - 16,626 already this year - the trend is encouraging.

We still have far too many families losing their loved ones every day in this country from distracted driving, drunk driving and not using their seat belt,” Transportation Secretary Ray LaHood said in a statement.

Though fatalities rates are declining among automobile users, the opposite trend is occurring with motorcycle riders. The number of fatalities in motorcycle accidents rose steadily through the end of 2008, reaching 5,290, more than doubling the number of motorcycle accident-related deaths a decade ago.

The complete NTSA report can be found here (.pdf).

Source: San Diego Union Tribune

The Walton Law Firm represent accident victims throughout San Diego County and has recovered millions of dollars for individuals involved car accidents, motorcycle accidents, pedestrian injuries, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, insurance disputes, and medical malpractice suits. Call (760) 607-1325 for a free consultation.

You’ve taken the time to gather your information, made decisions about who you want to receive your assets, and who will look after your children should something happen to you. Your attorney has assisted you in preparing your estate planning documents. What now? Where do you keep your documents? Important documents need to be kept somewhere easily accessible so you can grab them with you in a hurry if necessary. Possible locations could be a fire proof safe or a filing cabinet located in your home. No matter what location you choose, let your heirs know where the documents are located. It’s also a good idea to let your attorney know where your originals are kept. Nothing is more bewildering for people than knowing their loved ones made a will and kept it somewhere, but not being able to find it. The same goes for powers of attorney and advanced health care directives. These documents may be needed in an emergency so let your agents know where they are located.

A safe deposit box may not be the best choice to keep the originals of your documents. After you die, your safe deposit box may be sealed for some time, and those who need access to your trust or will may be denied access when they most need it. While you may not want to store your original documents in your safe deposit box, definitely place a copy of your estate planning documents in the box along with other important documents such as a list of your accounts/CD’s/brokerage accounts, titles to your house and car, a list of important passwords, and birth certificates.

San Diego estate planning lawyer Kristen Walton of the Walton Law Firm represents individuals and families in the creation of estate plans, including wills, trusts, powers of attorneys, and advanced health care directives. Call (760) 607-1325 for a free consultation.

The Torrey Pines High School teenager who crashed his car after a late night party in Rancho Santa Fe will not be tried as an adult for the death of passenger Alexander Capozza. The driver Branden Butler was not hurt in the accident, and is currently being held in Juvenile Hall on suspicion of gross vehicular manslaughter and drunk driving.

As discussed in an earlier blog entry, the car driven by Butler was carrying five people when in veered off La Granada Road at approximately 1:30 a.m. Sunday morning and rolled several times. Another passenger Jamie Arnold suffered serious injuries in the accident, and is currently hospitalized. Three others, including Butler, were not injured. According to new accounts, the three uninjured individuals were all wearing seatbelts, while Butler and Capozza were not.

Police are still investigating the accident, and trying to determine where the boys, all high school students, obtained alcohol that night, and whether there were adults involved.

Many lessons can be taken away from this sad tragedy, the type of which seems to strike at least one local high school every year. Just over a week ago a Vista teenager from Ranch Buena Vista High School died in a car accident. Let's hope the high-profile nature of this preventable car accident saves other lives down the road.

Source: 10News.com

The San Diego personal injury lawyer Randy Walton at the Walton Law Firm represent individuals and families who have been injured in all types of accidents and malpractice matters. Call (760) 607-1325 for a free consultation.

A local high school student was killed, and another injured, after a serious car accident in Rancho Santa Fe early Sunday morning.

According to reports, five high school students from Torrey Pines High School piled into a Mazda 3 after a party and headed north on La Granada near the Rancho Santa Fe Golf Club. The car was speeding, and the driver failed to negotiate a curve, careening off the road and through a wooden fence before rolling over.

One boy in the car was ejected, and suffered major head and died at the scene. Another boy, Jamie Arnold, suffered serious injuries and was transported to Scripps Memorial Hospital. Arnold was also not belted at the time of the accident. Two other passengers and the driver were not injured.

The driver, a classmate of the boys, was arrested at the scene on suspicion of drunk driving and taken to Juvenile Hall.

Source: North County Times

The San Diego personal injury and accident lawyers at the Walton Law Firm represent individuals and families who have been injured in all types of accidents, including automobile accidents. Call (760) 607-1325 for a free consultation.