San Diego Injury Law Blog

You may recall hearing recently about the federal $75 million cap on damages British Petroleum might benefit from in the Gulf oil spill, well there's a similar cap for the passenger rail industry. Under federal law, railroad companies cannot be liable for damages that exceed $200 million, and Metrolink has offered that amount to victims of the 2008 accident in Los Angeles. In that accident, you may recall, 25 people died and 135 were injured.

Like all caps on damages, the amount is arbitrary and unfair, and the plaintiffs' attorneys are blasting the offer:

"It is a tragedy that the members of our community, who place their lives in the hands of the commuter rail system, are denied full justice when injured or killed due to the carelessness of the operators," the plaintiffs' attorney group said in a written statement. "It is unfortunate that it has taken 24 months for Metrolink, and Connex/Veolia, a $50-billion French company, to seek the protection offered by an arbitrary federal limitation on damages which protects billion-dollar companies at the expense of victims."

In addition to those killed, many suffered severe injuries, like 24-year-old construction worker Curtis Whitney. Whitney suffered a spinal cord injury and had undergone several surgeries and therapies. His medical bills already exceed $600,000, and he had no health insurance. His case alone is worth several million dollars. Plaintiffs’ attorneys places the overall value of the case at $400 - $600 million dollars.

If the offer was accepted and approved by the courts, then Metrolink and the other contractors involved would be released of any further liability.

Read the entire L.A. Times story by clicking here.

The attorneys at Walton Law Firm represent individuals and families who have been impacted by all types of incidents, including auto accidents, wrongful death claims, worksite injuries, elder abuse and neglect, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or locally at (760) 571-5500 for a free and confidential consultation.

An empty dump truck ran a red light on Monday and broadsided a small compact car, seriously injuring the woman driving the car. The accident occurred at SR-163 off-ramp to Kearny Villa Road.

According to witnesses, the woman entered the intersection on a green light, when the dump truck flew through the intersection, running the red light. The victim, 39, was taken to the hospital with serious injuries.

News reports do not state whether the dump truck driver was cited in the accident, or what may have been the cause. In these accidents, it is usually the inattentive and negligent driving on the part of the truck driver. The other, less likely cause, is some defect in the truck.

Source: San Diego 6

The San Diego personal injury attorneys at Walton Law Firm represent individuals throughout the region who have been injured in all types of accidents, including auto accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or local at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

The San Diego Union Tribune has a story today about last weekend's tragedy at the California 200 off-road race in Lucerne Valley. Four of the eight killed were residents of San Diego County, as was the driver of the truck that veered into the crowd. Yesterday, a federal investigation was officially launched to determine how such a tragedy could occur at an organized, sponsored sporting event.

Video from the event is startling. Showing speeding trucks driving at high speeds through spectator lined dirt tracks. At times it looks like the crowd could simply reach out and touch the trucks.

“Spectators want to get close to the trucks, it’s part of the adrenaline rush. You want to see the huge tires. You want to hear the engines and get dust blown on you. It’s the closest you can get for any road race,” Sam Wilson of Rancho Bernardo told the UT.

The tragedy has raised question about the oversight provided by the Bureau of Land Management, who issued the permit for the event at Soggy Dry Lake the Mojave Desert. In its application for a permit, the Mojave Desert Racing Association estimated there would only be 200 - 300 spectators, when it was clear the race would attract five times that many. Also, questions have been raised about the BLM's permitting process and whether it’s nothing more than a bureaucratic rubber stamp. The race has been held since 2004.

Some environmental groups believe that BLM is part of the problem and bears some responsibility for the accident. “It’s their property and they permitted it,” said Tom Budlong, a member of the Sierra Club’s desert committee told the UT. “Whatever rules they set up tend to be violated.”

The real questions should be directed at the events organizers. Watching the video, it's stunning that spectators would be allowed to get so close to speeding trucks, without any barrier at all. Surprise is no excuse, since video from last year's event shows the very same dangerous conditions. [Watch video around 2:30 mark]

Donations for all of the victim’s families can be made through fast-aid.org.

An memorial account has also been set up for the family of Brian Wolfin, of Escondido, who is survived by two children, ages 1 and 5. Donations can be made to US Bank, Dirty Deeds Industries, account no. 1-534-6571-1205.

Read the entire Union Tribune article here.

The attorneys at Walton Law Firm represent individuals and families who have been impacted by all types of incidents, including auto accidents, wrongful death claims, worksite injuries, elder abuse and neglect, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or locally at (760) 571-5500 for a free and confidential consultation.

Eight people were killed, and at least 12 injured when an off-road truck participating in the California 200 race veered off the track and plowed into a crowd of spectators. The race was being held in Soggy Dry Lake Bed near Lucerne Valley in the Mojave Desert.

"There was dust everywhere, people screaming, people running," said photographer David Conklin, who was covering the event for off-road magazines.

It was reported that the truck, a Prerunner, was one of the first off the line in the 200-mile race. The truck had just completed a jump known as "the rockpile" when he lost control, and veered into the crowd, and rolled over. Several victims were trapped under the car, but the driver escaped injury. The driver was, however, forced to flee the scene when angry spectators began to throw rocks at him.

The race was sponsored by Mojave Desert Racing, who will no doubt face legal scrutiny as result of this tragedy. According to reports, the crowd was standing only 10 feet from the track, and there was no safety barrier separating people from racing vehicles. It also raises questions as to why crowds would even be allowed to congregate near the bottom of a jump. By all accounts this was a heavily organized event, presumably designed by professionals, so it will have to be seen what went wrong.

NEWS VIDEO WITH WITNESS STATEMENTS:

RAW VIDEO FROM THE ACCIDENT:

A map of the race course can be seen by clicking here [.pdf]: RACE MAP

Race information and race rules can be found here [.pdf]: RACE RULES / INFO

UPDATE: Three of the victims of this tragedy were from Escondido, and the driver of the truck lived in San Marcos. The San Diego Union Tribune has a good article about the victims, and who they were. Click here to read the story.

Source: LA Times, MSNBC, AP, San Bernardino Sun

The accident and injury attorneys at Walton Law Firm represent individuals throughout Southern California who have been injured in all types of accidents, including auto accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or local at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

A Northern California man was awarded $2.85 million in a settlement the maker of a stun-gun that was alleged to have caused permanent brain damage. The product manufacturer denied any liability, but agreed to pay the settlement.

According to reports, in October 2006, 49-year-old Steve Butler was intoxicated and off his psychiatric medications when he refused to get off a public bus. A police officer used a Taser X-26 from Taser International to subdue Butler, who went to cardiac arrest and stopped breathing. It took nearly 20 minutes for paramedics to resuscitate Butler, who suffered a major brain injury.

Nearly four years after the incident, Butler continues to have short-term memory problems, and a loss of mobility and motor skills. He cannot be left alone and requires 24-hour care. According to court documents, Butler is unlikely to recovery.

"This resolution will allow the Butler family to comfortably care for Steve for the rest of his life," attorney Dana Scruggs said of the settlement.

The case was not an easy one. Court documents reveal that Butler had a pre-existing heart condition, and the taser manufacturer had prevailed in all previous lawsuits against it.

Source: Mercury News

The accident and injury attorneys at Walton Law Firm represent individuals who have been injured in all types of incidents, including car accidents, product defect injuries, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or local at (760) 571-5500 for a free and confidential consultation.

Caroline McElhaney would have been 53 years old in two weeks. The mother of three, grandmother of five won't see her next birthday because of the poor judgment of a negligent driver on Interstate 15 near the Ninth Avenue exit.

Yesterday during the morning commute, the southbound driver of a 1999 Dodge Ram was coming upon stopped traffic and quickly changed lanes only to have the cars ahead of him stop as well. According to unconfirmed reports, he was speeding at the time, and unable to stop his truck, which slammed into the back of Ms. McElhaney's Mercedes Benz, which in turn rear-ended the car ahead of it. In total there were five cars involve in the accident.

Paramedics transported four people, including McElhaney, to Palomar Medical Center. The three other victims were treated for minor injuries and released.

View Larger Map

Source: 10News.com

The accident and injury attorneys at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

Watch this excellent video from the Consumer Attorneys of California about what lawyers are doing now, and have done for centuries, to protect the rights of individuals. I particularly like that it highlights California's Medical Injury Compensation Reform Act (MICRA) and the injustice it has caused. Most people don't realize that the non-economic damages caused by medical errors (non-economic = pain, suffering, and overall impact the injury has caused) cannot exceed $250,000.00...ever. That amount was set in the early 1970s and has never been adjusted. Imagine, if a young mother was killed by a negligent driver, a jury would deservedly give her surviving husband and children hundreds of thousands of dollars, maybe millions. If a negligent doctor causes the death, her life can't be worth more than $250,000.00.

Watch this:

Source: Consumer Attorneys of California

The accident and injury lawyers at Walton Law Firm represent individuals who have been injured in all types of incidents, including auto accidents, worksite injuries, elder abuse and neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

The Bahia Hotel must be feeling a bit lucky today. On Saturday a walkway bridge that loads guests on and off the Bahia Belle bay cruiser collapsed, sending approximately 50 people, including an infant in a stroller, into the water. In what could have been a a very serious disaster, apparently no one was seriously injured.

Witnesses told NBC San Diego that about 100 people were waiting to get on the boat, but had to wait for those disembarking the boat to leave first. Staff from the Bahia Hotel told those waiting to move to the left to let leaving passengers get by when, without warning, the bridge gave way.

Robert Wait told NBC that "the bridge itself twisted like a snake, people were going off." The actual drop to the water was approximately 15 feet.

“The next thing I knew I was thrown into about 3 feet of water with everyone else,” an anonymous witness said. “People went down all around me, a lot of people fell on top of other people, and a few people were still clinging to the dock. Everyone was confused, trying to get up.”

Two guests were transferred to a hospital with what were described as minor injuries minor injuries.

Source: NBC San Diego

The Walton Law Firm of San Diego represent individuals who have been injured in all types of incidents, including property injuries, defective products, car accidents, worksite injuries, food poisoning, pedestrian injuries, construction accidents, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.