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Whether you are driving in Encinitas or anywhere else in San Diego County or across Southern California, you are likely to observe or encounter some type of risky driving behavior. From motorists who speed by you to those you observe texting while driving despite traveling at a relatively high speed behind the wheel, dangerous driving behaviors are, unfortunately, a norm. In fact, according to a recent report from the AAA Foundation for Traffic Safety, more than 50% of all drivers engage in at least one type of risky behavior on a regular basis while driving. That report classifies motorists by the type of dangerous behavior that they routinely engage in, and it provides information about the percentage of each kind of driver on the road. 

Our Encinitas car accident lawyers can tell you more about the report, and we can help you if you are injured in a crash and need to file a claim.

Driver Profiles By Risky Behavior

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CHP-300x209On January 13, 2024, a 28-year-old woman named Angela Hays, from Corona, was arrested for suspected DUI involvement in a fatal three-vehicle collision on Interstate 5 in Carlsbad. The incident occurred early Saturday morning north of Palomar Airport Road. Hays, driving a gray Hyundai sedan, hit a green Jeep Grand Cherokee, causing it to overturn. This led to a subsequent collision with a white Nissan Altima.

The female passenger in the Jeep died at the scene, and the male driver died later in the hospital. Both were from Richmond, California. The Nissan’s male driver sustained major but non-life-threatening injuries. Hays, unharmed, was arrested and faces potential charges including felony DUI and gross vehicular manslaughter. The crash disrupted traffic on I-5 until about 9 a.m. as the California Highway Patrol investigated the scene.

This is yet another DUI tragedy here in North County. Victims of accidents caused by drunk drivers have substantial legal rights to seek compensation through negligence lawsuits. In these cases, the law recognizes that driving under the influence inherently breaches the duty of care owed by drivers to operate their vehicles safely. The impaired judgment and reduced motor skills of a drunk driver significantly increases the risk of causing an accident, making DUI a clear example of negligence. When a drunk driver causes an accident, the injured victims or the families of deceased victims can file a lawsuit against the driver. This legal action is grounded in the principle that the driver, by choosing to drive while intoxicated, is responsible for the consequences of that decision.

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When a sexual assault occurs in Vista or elsewhere in Southern California, it can be incredibly difficult to think about the legal ramifications of the attack and who may be civilly liable. In fact, if you or someone you love experienced a devastating sexual assault, you might not even realize that it is possible to file a civil lawsuit and to hold one or more parties civilly liable for your injuries. Perpetrators of sexual assaults can be held criminally liable through the criminal justice system; there are many sexual assault cases where it is also possible to file a civil lawsuit. Frequently, these types of claims are made against a third party whose negligence was a causal factor in the assault. While you may also be able to sue the perpetrator in a civil lawsuit, third parties who are also liable due to negligence may have deeper pockets and may be responsible for paying damages that can help you get the care you need and get back on your feet. 

Where do most of these kinds of assaults occur, and what types of third parties may be liable? Our Vista sexual assault lawyers can explain, and we can give you more information about seeking compensation by filing a civil lawsuit in the aftermath of sexual violence in California.

Locations of Sexual Assaults

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Stream_Pedestrian_safety-300x225In San Marcos, a fatal accident occurred early Thursday morning when a 59-year-old man was struck by a pickup truck while crossing East Mission Road at Mulberry Drive, near Hollandia Dairy and Mission Hills High School. The incident, reported around 4:30 a.m., involved the pedestrian being hit by an eastbound traveling Dodge Ram while the pedestrian was in a crosswalk.

The driver of the Dodge Ram, a 61-year-old man, stopped immediately after the accident and called 911. Despite paramedics’ efforts to save the pedestrian’s life, he succumbed to his injuries at the scene. The eastbound lanes of East Mission Road near the high school were closed for investigation.

While the cause of the accident is still being determined, pedestrian-vehicle accidents are commonly caused by the negligence of the involved driver. When this happens, catastrophic injuries may result. Some common forms of driver negligence that increase the risks of such accidents include:

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Brain injuries, including concussions and other forms of traumatic brain injury (TBI) in Carlsbad, do not discriminate based on a person’s age. In other words, a person of any age can sustain a TBI while playing contact sports, in a motor vehicle crash, during a slip and fall, or in a recreational activity. When it comes to concussions and sports, there has been a significant increase in research in recent years concerning the relationship between athletes’ concussions and the later development of the degenerative brain condition known as chronic traumatic encephalopathy (CTE). This condition, CTE, has largely been found in older, former professional athletes posthumously. Research has suggested that multiple concussions early in life might increase the risk of CTE later on, but few studies have addressed the possibility or prevalence of CTE in much younger athletes. 

Recently, however, a new report in The New York Times suggests that CTE is impacting athletes at much younger ages than previously assumed. The article says that kids who started playing football as young as 6 years old have died of CTE when they were only in their teens and early 20s. 

What is CTE?

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Getting older comes with additional injury risks in Oceanside and throughout California. While nobody wants to think about age-related injury risks, it is important to consider safety issues for seniors. Adults aged 65 and older are at greater risk of a range of accidental injuries that are more likely to be serious, including fall hazards and motor vehicle crashes. According to the Centers for Disease Control and Prevention (CDC), there are about 48 million drivers over the age of 65 in the United States, which is a 68 percent increase from about 20 years ago. Although “driving helps older adults stay mobile and independent,” according to the CDC, “the risk of being injured or killed in a traffic crash increases as people age.”

A recent study addresses the relationship between aging drivers involved in motor vehicle crashes and attention-deficit/hyperactivity disorder (ADHD). While we do not often think about the injury risks linked to ADHD among older adults, this new study in JAMA Network Open suggests that there is a clear connection between ADHD in older adults and the likelihood of a motor vehicle crash. Our Oceanside car accident attorneys can say more.

Details of the Study on ADHD and Older Adult Traffic Collisions

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Electric bikes, or e-bikes for short, have become extremely popular in Southern California. As a report from NBC 7 San Diego points out, the cities of Carlsbad and Encinitas recently declared states of emergency due to deaths in e-bike crashes. Both adults and children alike are suffering serious and fatal injuries in collisions involving these forms of transportation, and while they remain popular and accessible, state legislators in California want to change the rules concerning their legality. In short, a new bill that remains before the state legislature “would prohibit kids under 12 from riding e-bikes and require an online test and license.” 

As the report underscores, the new bill is designed to “tighten e-bike rules” and to make it more difficult for riders to use e-bikes without any kind of safety training or knowledge. Our San Clemente personal injury attorneys can tell you more. 

Learning More About E-Bikes and Injury Risks in San Diego County

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Holiday injuries in Valley Center and elsewhere in Southern California can be devastating. They can lead to emergency room visits during the busy holiday season, which is supposed to be a joyful time of the year. Even worse, holiday injuries can sometimes result in serious and permanent disabilities, as well as fatalities. How can you seek compensation for a severe holiday injury? It will be important to discuss the details of your case with an experienced Valley Center personal injury attorney who can work with you to determine liability and file a claim for financial compensation.

Common Holiday Injuries

Many different types of injuries can occur during the holiday season, but most of them are preventable. When an injury does occur, however, another party may be liable due to negligence or as a result of a product defect. What are some of the most common types of holiday injuries? UCLA Health identifies the following as the most frequently reported injuries during the holiday season:

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Multiple Tesla vehicle recalls have been announced recently, affecting vehicle owners in Rancho Bernardo, throughout California, and across the country. And the recalls are ones that vehicle owners need to pay attention to — the defects concern issues that could cause crashes. While the electric vehicle maker has become popular in Southern California, it is also a vehicle maker that has contended with a variety of defects and other problems that ultimately could impact vehicle occupant safety. What do you need to know if you own a Tesla that was recently affected by a recall or another vehicle that has been affected by a recall? Our Rancho Bernardo product defect lawyers can help. 

Tesla and Motor Vehicle Recalls

In October 2023, Reuters reported that Tesla was recalling more than 50,000 Model X vehicles due to a problem with the brakes. More specifically, Tesla Model X vehicles that were manufactured between 2021 and 2023 could have a defect where “the vehicle controller is likely to fail to detect low brake fluid and not display a warning light.” Although Tesla reported that it was not aware of any crashes connected to the recall, the defect has the potential to cause serious crashes and personal injuries.

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Ever since California’s inaugural constitution mandated a “system of common schools” in 1849, public education in the Golden State has been one of the strengths of our economy and democracy.  The critical responsibility of teaching students in the public education system creates what the law calls a “special relationship” between districts and their students. Therefore, educators “are said to stand in loco parentis, in the place of parents, to their students, with similar powers and responsibilities.”  (Hoff v. Vacaville Unified School Dist. (1998) 19 Cal.4th 925, 935–936.) Injury or other harms that occur under this relation can expose a school or school district to legal liability.

School districts must protect the health, welfare, and safety of their students. California’s Constitution recognizes this imperative by proclaiming all California public school students “have the inalienable right to attend campuses which are safe, secure and peaceful.”  (Art. I, section 28, (f)(1).)  Unfortunately, districts sometimes fail in this, their most important duty.  A review of three recent school district cases reveal just how wide ranging the alleged behavior of school districts can be and how utterly horrifying our children, their families, friends, and communities can be damaged. In each of these cases, a school injury lawyer was retained.

The first case involves a parent’s constitutional right to direct the education and upbringing of their children. (Meyer v. Nebraska (1923) 262 U.S. 390.)  Allegedly, middle school staff at a Northern California school district “secretly convinced” an 11-year-old middle school student to identify herself as bisexual then transgender and told her not to tell her mother.  The lawsuit also alleged the school had a policy not to disclose to parents specific information about a student’s gender identity and expression. The case settled for $100,000.

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