June 12, 2010

Mail Carrier Dies After Dog Attack

A postal worker died last week after suffering blunt head trauma while on his postal route in Oceanside. According to reports, Hao Yun "Eddie" Lin of Poway was walking his route at the 500 block of Stanley Street when he encountered a large dog, possibly a Rottweiler. While it's unclear what exactly happened next, it appears that in his effort to avoid the dog, Mr. Lin fell and struck his head, causing the fatal head injury. Sadly, Mr. Lin leaves behind three young children, including a 4-month-old daughter.

Both the Oceanside Police and the San Diego Humane Society are still trying to figure out exactly what happened. Lin's wife told the North County Times that she was frustrated with the pace of the investigation, and wants answers. She said that she is aware that the dog jumped on her husband and that the dog attacked another letter carrier years earlier. It is reported that the dog was euthanized at the owner's request.

As to legal liability, assuming the dog caused the death, the owner of the dog will be held strictly liable to the family under California's dog bite statute. Under the law, there are very few defenses. If a dog causes injury - even if the dog is being playful - the owner will be held liable. A dog bite is not required for liability purposes.

This is, obviously, a very serious case. Hopefully the owner of the dog was responsible enough to maintain some kind of insurance policy that covers acts such as this. These young kids lost a father who, by news accounts, was totally devoted to his family.

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Source: North County Times

The accident and injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including dog attacks / bites, auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 or (866) 607-1325 for a free consultation.

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June 10, 2010

Oceanside School Bus Crashes on El Camino Real

Eight high school students and one adult were taken to a local hospital after the school bus they were on crashed and rolled over on its side. The bus accident occurred on El Camino Real at Douglas Dr.in Oceanside. Thankfully, none of the injuries appears to be serious, but one student was taken by helicopter to Scripps Memorial after complaining of numbness.

The students were on their way back to Reynolds Elementary School to participate in a tutoring program. While traveling north on El Camino at around 11:15 a.m., a car pulled out from one of the side streets and collided with the bus, causing it to veer then roll.

Oceanside police were quick to point out that the accident was not the bus driver's fault. "This has nothing to do with the safety record of the school district," Sgt. Jeff Brandt of the Oceanside Police Department told the North County Times. As a result of the accident, El Camino Real was closed down for approximately two hours.

Judy Morris, a witness, told 10news.com, “And I heard this big huge bang. It was terrible. It was absolutely terrible. I feared for them. I didn’t know what was going on inside that school bus.”

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

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May 10, 2010

More Car Accident Deaths Occurring at Night

Car accidents caused by the use of cell phones while driving is starting to show up in statistics. Dave Downey of the Californian has a column this morning about the dangers of driving at night. While the number of people dying in car accidents has been falling over the last decade, the number of deaths occurring at night has actually increased.

According to a study by the Texas Transportation Institute the percentage of auto accident fatalities occurring is on the increase, particularly among teenage drivers.

Back in 1999, the proportion of fatal crashes caused by drivers age 20 and up that occurred at night was 38.6 percent for the nation as a whole and 42.2 percent in California. Nine years later, those percentages had increased to 41.5 percent and 45 percent, respectively. When it came to fatal accidents caused by 16 to 19-year-olds, the proportion occurring at night increased from 45.1 percent nationwide in 1999 to 49.7 percent in 2008.

The question is Why?

According to Downey, who cites researchers, the rise in deadly crashes involving teens driving after dark is the use of the cell phone. More specifically, it's texting while driving. This is becoming a very serious problem, and justifiably getting the attention of public safety organizations, and even Oprah Winfrey, who has been very active in her "No Texting" campaign.

Source: The Californian

The North County accident and injury lawyers at Walton Law Firm represent individuals and families who have been impacted by personal injury accidents. Call (760) 571-5500 for a free and confidential consultation.

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April 26, 2010

Personal Injury Claims Part of Source of Conflict At Tri-City Medical Center

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Tri-City Medical Center is probably in the news way more than it wants to be. For the last few years, the hospital has been the subject of much turmoil, from serious budget problems, to battles with unions, but it had hoped to move beyond all of that a year ago when it hired Larry Anderson as its CEO. Anderson had a track record of turning troubled hospitals around and making them profitable.

Last week, however, that all changed when Anderson was fired, then rehired in a 24-hour period. On Monday the board of directors voted 4-3 to oust Anderson, and then reversed itself the following day, allowing Anderson to stay on until August, when his job performance is scheduled to be reviewed.

Anderson spoke to the North County Times about the turmoil, and said his flirtation with unemployment was due to fundamental disagreements over recent business deals he has entered into on the hospital's behalf. One of those deals addresses how uninsured personal injury victims would be treated, and how the hospital could be compensated.

Personal injury lawyers throughout North County will tell you that it is not uncommon to have legitimate personal injury clients without medical insurance call for legal advice. It's a conundrum. These folks (most of them fully employed) have good cases, need non-emergent medical help, but have no insurance and no family doctor. Yet the insurance company of the negligent actor that caused the injury (auto insurance, homeowner's insurance, etc.), won't pay a claim until the injured party has completed medical treatment. What do most attorneys do? The either try to find a doctor that is willing to treat the client on a lien, or send them off to the emergency room.

This is where Anderson got it right, but where he has ruffled feathers. He entered a deal with a company called Medical Acquisitions Corp., which will underwrite the medical expenses of individuals with valid personal injury claims, then, when the case resolves and the victim is compensated, the cost of medical care will be reimbursed to the hospital. This is a way to recoup costs for treatment that would otherwise have been provided to a patient without any ability to pay. Tri-City hospital provides about $20 million in care to individuals who are uninsured. A certain percentage of those are accident victims who arrive at the hospital without insurance, but who the hospital will provide care. This program at least provides a chance that the hospital will get compensated for some of the care.

Board member Ron Mitchell, without explanation, thinks it’s not "ethical" for a community hospital to be in "this type of business." But Anderson sees a way for his hospital to get compensated. Regardless of what one thinks of personal injury claimants (and, ahem, their attorneys), this is simply smart business.

Source: North County Times

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

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March 1, 2010

San Diego Marines Motorcyle Deaths Decline Due to Marine Corps Increased Safety Efforts

The number of local Marines killed while riding motorcycles decreased for the first time in three years. The decrease is the result of new safety classes made available to Marines at Camp Pendleton and Miramar Air Force Base. In particular, the Marines are targeting those who ride sport bikes which are lightweight, powerful and popular with younger riders. The course teaches practical skills and mental training according to Richard Stampp, who works with Camp Fox Professional Services which designed and delivers the new course. The Marines have made the new course more accessible, and riders don't have to wait to get into the course. At both Miramar and Camp Pendleton, riders can enroll very soon after signing up for it. As another means to promote safety, the Marines are encouraging more experienced riders to act as mentors for those with less experience. The mentors hold monthly rides and demonstrate safe riding techniques. Marine leaders are committed to training riders and helping them avoid injury and death.

Source: North County Times.

Walton Law Firm, a North San Diego County law firm, represents accident victims throughout San Diego, Orange and Riverside Counties and has recovered millions of dollars for individuals injured by car accidents, pedestrian accidents, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, insurance disputes, and medical malpractice suits. Call (760) 571-5500 for a free consultation.

November 3, 2009

Decade Old Teen Driving Laws Seldom Enforced

The car accident deaths of two San Diego teens and prompted a reexamination of the enforcement of teen driving laws that were enacted a decade ago. Under those laws, teen drivers ages 16 to 18 are prohibited from driving a vehicle with anyone under 20 years old in the car during the year after they first get their license, unless an adult was present. [Cal. Veh. Code 12814.7] The teen license is called a provisional license.

It is widely agreed that teenagers that follow the law are safer drivers. In the case of the two local deaths, there is a good chance both accidents would have been presented with an adult in the car. Studies have shown that when a teen has one other teen in the car, the risk of a car accident doubles. With three or more passengers, the risk quadruples.

But many believe that the teen driving laws are rarely enforced. Under the law, a teen cannot be cited solely for violating the provisional license. They must be pulled over for some other infraction first. According to CHP officer Lew Hall, most officers don't write many tickets for provisional license violations because they are more focused on the driving infraction, and may not notice that the driver had been licensed for less than a year.

Last year, CHP cited 2,106 teen age drivers for driving in violation of their provisional license. Many believe the laws have been working. Only two years after the laws were enacted in 1998, car accidents involving 16-year-old drivers dropped 24 percent. In 2007, the last year data was available, personal injury and fatal accidents involving 16-year-old drivers were at a 13-year low.

Source: North County Times

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.

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September 17, 2009

Dramatic Big Rig Rollover in Oceanside Kills Driver

The driver of a Lexus sedan was killed this morning when his car was crushed by a big rig truck that rolled over on Interstate 5. According to reports, Gustavio Gracia, the driver of the Lexus was transitioning from the I-5 to SR 78 east, when the semi tractor trailer rig rolled over on top of the Lexus. Garcia suffered major head injuries and died at the scene.

The I-5/SR 78 exchange remained closed for five hours as the crash was investigated. The cause of the crash is still unknown, and the 1996 Freightliner will undergo a complete inspection to determine if malfunctioned.

Drugs or alcohol are not believed to have played a role in the big rig crash.

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Source: SignOnSanDiego

The personal injury lawyers at the Walton Law Firm represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, property injuries, and other negligence related injuries. Call (760) 607-1325 for a free consultation.

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May 31, 2009

Oceanside Car Accident Injures Four

Four people suffered injuries, including two teenagers, after a three-vehicle car accident on Mission Ave. in Oceanside. The crash occurred just after 10:00 p.m. on Friday night, and involved a Hyundai Tiburon and a Chevy Silverado truck.

According to news accounts, the cause of the accident has not been determined, but the truck reportedly overturned. Four ambulances were called to the scene, and the victims were taken to local hospitals. Two of the victims suffered serious injuries.

The auto accident lawyers at Walton Law Firm LLP represent individuals and families who have been impacted by accidental injuries and death. Call (760) 607-1325 for a free consultation.

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