San Diego Injury Law Blog

Looking for a personal injury lawyer? Don't grab the phone book (who uses phone books anymore?), grab the laptop and hit Google. Avvo.com is national lawyer directory founded by Mark Britton, an attorney for 16 years and formerly the top lawyer at Expedia.com, and Sendi Widjaja, a veteran of Microsoft. Together they launched Avvo.com as a way for people to navigate "the complex and confusing" legal industry, and to help people choose the right lawyer for the situation.

We use it here at Walton Law Firm. Randy Walton is rated as "Superb" by the Avvo ratings system, and there you can find a lot of information about his background, sample cases, and read testimonials from a few of his former clients.

At its website, Avvo states that it is guided by two basic principles: Focus on the needs of regular people, and the provide information and guidance. Whether a person is looking for a car accident lawyer, an elder abuse lawyer, or a lawyer to prepare an estate plan, Avvo can give you the low down on all of them.

Source: Avvo.com

The personal injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accident. Call (760) 571-5500 for a free consultation.

A major injury can cause major financial burdens, particularly at Christmas time. In San Diego County, there are a few non-profit charitable organizations founded by injured individuals and their families that are there to help. The Can't Keep Me Down foundation, founded by Bobby DuCharme of Mira Mesa who was paralyzed in a surfing accident, and the Del Mar foundation HeadNorth, founded by Eric Northbrook, who was paralyzed in a motorcycle accident, have stepped up big time.

In today's Union Tribune are stories of local families who face the arduous task of caring for someone who has suffered a serious injury. For example, Maria Rodriguez was having a tough year and an event tougher Christmas. She cares for her 15-year-old son, who was rendered quadriplegic in an accident, when the transmission on the transport van failed. Then the home she was renting was foreclosed upon, forcing her to move. The events drained her savings.

That's when the Can't Keep Me Down foundation entered the scene. The DuCharme family filled the Rodriguez' living room with a big television, clothes, toys, and holiday decorations. The HeadNorth foundation added to the giving with furniture and a Christmas tree.

As an unemployed single mother with four children, Maria Rodriguez already has a tough life. But it’s been even tougher lately. “We’ve been blessed with amazing, amazing people in our lives,” said Rodriguez.

Watch this video for more about her story.

The Union Tribune story, which can be found by clicking here, profiles the stories of other accident victims.

The accident and injury lawyers at Walton Law Firm LLP represent individuals who have been injured in all types of accidents, including auto accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accident. Call (866) 607-1325 for a free consultation.

A 33-foot Coast Guard boat slammed into a 24-foot pleasure boat during the San Diego Bay Parade of Lights show on Sunday night killing an 8-year-old boy and injuring five others, some seriously. Apparently no one was injured on the Coast Guard boat. According to the new reports, the 24-foot vessel had 13 people on board.

Witnesses told the San Diego UT that there were dozens of boats anchored on the bay to watch the boat parade, a San Diego tradition that draws thousands. The Coast Guard boat, apparently responding to an emergency call, was racing across the water when, for reasons unknown, it slammed into the smaller boat. The accident took place at around 6:00 p.m.

“We heard them saying ‘Watch out’ and ‘Oh my God,’” said eyewitness Breck Schoch. “They had half a second warning before the thing hit.”

Remarkably, no one was thrown into the water, and both boats made it to land under their own power. The Coast Guard has promised a thorough investigation.

Source: San Diego Union Tribune

UPDATE (12/24/09): The DeWeese family, whose 8-year-old son Anthony Cole DeWeese died in the boating accident above, has hired attorney Mike Neil, to represent them, in what will likely become a wrongful death lawsuit against the government. Neil wasted no time in assessing blame for the accident:

“From what I’ve been able to glean, the Coast Guard boat was traveling way too fast under the circumstances,” said Neil. “A boat that is grounded is not an emergency. You don’t put other lives at risk for that.”

The Union Tribune is reporting that, for the first time, the Coast Guard is publically responding to claims that made by witnesses and local boaters that the Coast Guard boats often go to fast and have a "cowboy" attitude.

Of the 13 people reported to be injured, five were hospitalized, three with serious injuries.

Source: San Diego Union Tribune

The accident and injury lawyers at the Walton Law Firm represent individuals and families throughout the region who have been injured in all types of personal injury incidents. Call (866) 607-1325 for a free consultation.

Every year we get two or three phone calls from dog owners whose dog has been killed in an accident, or by another dog. These callers are understandably upset, and sometimes distraught, and want those who caused the death punished to the fullest extent of the law.

Without exception, these animal lovers are aghast when I tell them that the State of California views their beloved pet as nothing more than property, and that the most damages they could receive in a civil action is the "replacement value" of the dog. That's right, if your German Shepherd Champ has been your trusted companion for a decade, with you through thick and thin, and is killed due to someone else's negligence, in California you would be limited to what it would costs to buy another 10-year-old German Shepherd; probably no more than a few hundred bucks.

The Supreme Court of Vermont is going to decided whether a family dog should be treated merely as property, or something more, such as a member of the family. The case to be decided involves a couple from Anapolis, Md., whose dog Shadow wandered into a man's yard and was shot dead. The man pleaded guilty to misdemeanor animal cruelty and paid $4,000 to cover medical expenses and burial costs, but Shadow's owners are unhappy. They think the life of Shadow, who was like a family member, is worth more, and that they should be able to recover for the emotional damages they have suffered since his loss.

The family's attorney David Putter told the AP that unlike a piece of property, dogs "love you back." There is a relationship there, something that can't be replaced just by a visit to the store.

The court is not expected to issue a ruling until next spring.

Source: AP

The accident and injury lawyers at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accident. Call (866) 607-1325 for a free consultation.

An off-duty Orange County firefighter suffered serious injuries when he was struck by a hit-and-run driver on Saturday (12/12/09) while crossing in a crosswalk on South Coast Highway in Laguna Beach. Luke Perisin, 38, left the Sandpiper Bar just before 1:00 a.m. and was walking within the crosswalk when the suspect, for reasons unknown, crossed over the wrong side of the street and struck Perisin.

According to reports, Perisin hit the windshield, and then flew 50 feet, suffering a head injury and fracturing several bones, including his pelvis, ribs, and vertebrae. It is remarkable he survived.

The police are looking for the identity of the driver who struck Perisin and are asking for help. Authorities are looking for a white Toyota Prius or Corolla with major front end damage. Call (949) 497-0359 with any information.

Here is an ABC 7 News video on the accident.

Source: abclocal.go.com

Based in San Diego County, the accident and injury lawyers at the Walton Law Firm represent individuals and families throughout Southern California 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.

A cab driver and his passenger were nearly crushed this morning when a 25-ton steel pipe rolled of a commercial truck and fell off a freeway overpass, landing on the unsuspecting taxi driver and his passenger.

According to news reports, the large pipe, which measured 25-feet long and 8 feet in diameter, was being transported to a local dam project. The truck carrying the pipe lost control on the interchange from SR-125 to eastbound I-8, and struck the barrier wall. The impact with the wall caused the huge pipe to break free and roll over the bridge, dropping 75 feet on top of the cab.

Inside the taxi was its 47-year-old driver and a 73-year-old passenger. The two were taken to local hospitals with undisclosed injures, but both are expected to survive...amazingly.

CHP officers investigating the accident are saying that the driver of the big rig was traveling at an excessive speed.

Source: 10News.com

The personal injury lawyers at Walton Law Firm LLP represent individuals who have been injured in all types of accidents, including car accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accident. Call (866) 607-1325 for a free consultation.

There has been a lot of news lately about the Toyota recall, and specifically about the family that was killed in San Diego when the accelerator on their Lexus got stuck, causing them to barrel down the road at speeds in excess of 100 mph, and ultimately run a red light and clip a law abiding vehicle. What we haven't heard much about is the condition of the law-abiding driver. Yesterday the Union Tribune did a profile story about him.

Phillip Pretty has no real memory of the accident itself. All he remembers is turning left from SR-125 onto Mission Gorge Road, then getting hit by the white Lexus. "It was more or less lights out," he told the UT. He didn't learn that the family inside the Lexus was killed until he woke up in the hospital.

It's been over three months since the fatal car accident, but Mr. Pretty is still far away from a complete recovery. The impact left him with a serious concussion and memory loss, which he has been told may last awhile. He has difficulty with simple memory tasks such as remembering someone's name. He also suffered a knee injury, which may require surgery, preventing him from surfing or bicycling, activities he enjoyed before the accident.

Adding insult to injury, while Mr. Pretty had medical insurance, it wasn't enough to cover all of his medical expenses. As a delivery driver, he's not rich, so he has retained a personal injury lawyer to try to recover some of what he has lost. He hasn't decided whether to pursue a lawsuit, but he rightfully agrees that someone should be held accountable.

Source: San Diego Union Tribune

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

More than seven years after a San Diego jury awarded Benetta Buell-Wilson $369 million against Ford Motor Co. it looks like she will finally get paid. Ms. Buell-Wilson suffered a severed spinal cord when the Ford Explorer she was driving overturned on I-8. The jury found that Ford failed to follow its own engineer's advice to widen the Explorer wheel track or lower its center of gravity because the safety improvements would have been too costly. Ford, the jury determined, knew its Explorer would roll easily but deliberately ignored the risk.

After the verdict, Ms. Buell-Wilson was subject to relentless appeals by Ford, who must have spent additional millions to try to get the verdict overturned. It had some success in getting the award reduced, but its final attack was an appeal to the U.S. Supreme Court, arguing that the punitive damages assessed against it ($246 million by the jury, reduced to $55 million afterward) were unconstitutional and illegal under California law. Yesterday, the U.S. Supreme Court refused to hear the case.

Dennis Schoville and Lou Arnell, two of San Diego's finest personal injury lawyers, believe Ms. Buell-Wilson may finally get some of the justice a jury believed she deserved. It’s been seven years since the verdict and she hasn’t seen a penny. Mr. Schoville told the San Diego Union Tribune, “It’s been a long haul, but this is the end of the line for Ford.”

Source: San Diego Union Tribune

Walton Law Firm represents individuals and families in cases in personal injury cases, including car accidents, pedestrian accidents, medical malpractice, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, and insurance disputes. Call (760) 607-1325 for a free consultation.