San Diego Injury Law Blog

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.

A Poway woman with a history of driving while intoxicated was ordered by a San Diego judge to stand trial for vehicular manslaughter after killing pedestrian Kristen Ann Bedard as she walked to work at Target. According to prosecutors, defendant Becky Anderson has two prior DUI convictions from the late 1990s when she lived in Minnesota.

The accident occurred on November 23, 2009 when Anderson was driving south on Community Road. According to witnesses, she swerved into the bike lane near Aubry Road and struck Bedard who was walking. During a hearing yesterday, a sheriff's deputy testified that Anderson's vehicle drove up on the sidewalk, hit Bedard, that drove for another 100 yards before stopping.

When police arrived on the scene Anderson admitted that she was still feeing the effects of three Valiums she had taken the night before. She said, "I'm not going to lie to you. I still feel the effects. I probably shouldn't have been driving. What's going to happen to me?" Testing later established that the depressants were found in her blood.

Anderson will be back in court on March 2 to be arraigned. She faces 15 years to life.

Source: 10News.com

Based in North San Diego County, the injury and accident lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of accidents, including auto accidents, pedestrian accidents, medical malpractice, injuries on the property of another, construction accidents, and elder abuse and neglect. Call (760) 571-5500 for a free consultation.

VISTA - A man working on the refrigeration system at Northgate Market in Vista suffered concussive injuries yesterday when a pressurized tank exploded. The explosion caused major damage to the store. The injured man was taken to a local hospital.

It is currently unclear what caused the explosion, but authorities say the company was hired by the store to replace a compressor. The store remained open during the work, and arrangements were made to keep foods chilled while the compressor was changed. It's unclear how that was done, and whether or not it contributed to the accident.

The injured man may have barely escaped with his life. According to Vista Fire Battalion Chief Jeff Hahn, "a containment tank about the size of a scuba tank exploded with significant force, and did a lot of damage to the refrigeration system. The man was very close, but was not hit by the tank."

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Source: sandiego6.com

The San Diego North County injury lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of accidents, including auto accidents, property injuries, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accidents, and wrongful death cases. Call (866) 607-1325 for a free consultation or submit a confidential online form.

The California Department of Public Health fined three San Diego area hospitals for making mistakes that could cause "death or serious injury." The implicated hospitals are Grossmont Hospital, Sharp Memorial Hospital, and UCSD Medical Center.

According to the Union Tribune, Grossmont hospital received a $50,000 fine for marking the wrong side of the head of a 93 year old, who was undergoing brain surgery. Before the mistake was realized, part of the man's skull had been removed and the brain exposed. The mistake was corrected during surgery, and the surgery completed without further incident.

Sharp Memorial Hospital was also fined $50,000 for failing to follow surgical protocols. There, a sponge was left inside the body of a 69-year-old woman who underwent heart surgery. UCSD Medical Center was also fined for failing to follow surgical procedures, resulting in a second surgery on the patient to remove a foreign object. The UCSD surgery was performed by a first-year intern.

The DPH issued a statement: “Ensuring quality patient care is vital to protecting and promoting the health of all Californians. We will continue to work with California hospitals to attain our shared goal of excellence in patient care.”

Source: San Diego Union Tribune

The personal injury lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of accidents, including auto accidents, motorcycle accidents, medical malpractice, injuries on the property of another, construction accidents, and elder abuse and neglect. Call (760) 571-5500 for a free consultation.

We have heard a lot in recent years about the dangers associated with talking or texting while driving. But what about walking? According to a new report, injuries caused by distracted pedestrians are on the rise.

The New York Times is out with an article on the subject, discussing a survey done by Ohio State University. According the the survey, more than 1,000 pedestrians visited emergency rooms at hospitals in 2008 because then were distracted while walking and either tripped and fell, or ran into something. That is double the amount from the previous year, and four times the number in 2006. Thankfully, most of the injuries are minor, but there have been deaths.

Examples of such injuries include a 16-year-old boy who walked into a telephone pole while texting and suffered a concussion; a 28-year-old man who tripped and fractured a finger on the hand gripping his cellphone; and a 68-year-old man who fell off the porch while talking on a cellphone, spraining a thumb and an ankle and causing dizziness.

To read the entire article click here.

The personal injury lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of accidents, including auto accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accidents, and property injuries. Call (760) 571-5500 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.

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.

The subject of mild traumatic brain injuries has received quite a bit of press lately thanks to the NFL. Research is showing that in addition to knee and back injuries, NFL players are suffering brain damage in previously unreported numbers. In response to the growing public concern, the co-chairmen of the NFL's committee on brain injuries resigned from the group last week after much criticism that the group had been downplaying the brain-injury risks associated with the game.

What is well known is that over 1.5 million suffer from an injury to the brain every year, and nearly 50,000 die. While brain damage can be triggered by a myriad of causes, the biggest culprit is trauma to the head. These brain injuries, commonly referred to as traumatic brain injuries, are the easiest to diagnose and usually have the greatest impact on a victim's life.

Within the definition of traumatic brain injury there are numerous types, the most common being concussion, diffuse axonal injury, coup-contrecoup injury, and contusion. Though football has been in the news recently as a cause of traumatic brain injury, the majority of brain injuries are caused by an accident of some sort, or an intentional act.

As a personal injury firm, we most-often see brain injuries in the context of motor vehicle accidents, including both cars and motorcycles. But brain injuries can be caused by other sources, including prescription medications, slip-and-fall incident, and crimes (battery).

If you suspect you, or someone you know, has suffered a mild traumatic brain injury, it is important that you get appropriate medical treatment right away, and get a proper diagnosis. Here is an excellent resource from the Mayo Clinic on the symptoms of traumatic brain injury.

The Walton Law Firm represents personal injury victims throughout San Diego County and has recovered millions of dollars for individuals involved car accidents, pedestrian accidents, nursing home 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.

Two San Diego County women in their 30s died this weekend in separate incidents when drunk drivers veered off the road and struck them as they walked on the side of the road.

North of El Cajon, Cydil Kohlmeyer was walking near the 1200 block of Pepper Drive when a pickup truck being driven by 51-year-old Deborah Felix lost control and struck Kohlmeyer. After striking Kohlmeyer, the truck struck a parked car, a nearby fence, and then traveled over a front year and into a home. Neighbors ran outside and detained Felix, who tried to run from the scene. She was later arrested on suspicion of felony drunken driving.

The other incident occurred in Poway, where Kristen Bedard, age 36, was walking northbound on Community Road when a vehicle travelling southbound veered onto the sidewalk and striking her. The driver of the vehicle, who was not identified, is suspected of driving under the influence. An investigation is ongoing.

Sources: North County Times and 10News.com

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.

The dangers of cheerleading have been in the news quite a bit recently. While the activity has become more akin to gymnastics than cheering for the sport team, there is very little oversight, and almost no training of coaches. Most high schools, for example, will simply hire a recent graduate to "coach" the cheerleading squad.

In Florida, a jury awarded a former gymnastics coach over $25 million for an accident that left him a quadriplegic from the neck down. Shane Downey was using some tumbling equipment a a North Florida Gymnastics and Cheerleading and fell and broke his neck. The jury decided the gym was entirely at fault for Downey's catastrophic injuries.

This is an interesting verdict. Typically, a gym member would "assume the risk," particularly someone who was apparently an accomplished gymnast like Downey. The video below explains a bit more.

Source: First Coast News

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.

George Washington once said:

Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all.

Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California ("CAOC") consolidates the voices of consumer attorneys throughout the state to (1) preserve and protect the constitutional right to trial by jury for all consumers, (2) champion the cause of those who deserve redress for injury to person or property, (3) encourage and promote changes to California law by legislative, initiative or court action, (4) oppose injustice in existing or contemplated legislation, (5) correct harsh, unjust and oppressive legislation or judicial decisions, (6) advance the common law and promote the public good through the civil justice system and concerted efforts to secure safe products, a safe workplace, a clean environment, and quality health care, (7) uphold the honor, integrity and dignity of the legal profession by encouraging mutual support and cooperation among members, (8) promote the highest standards of professional conduct, and (9) inspire excellence in advocacy. This post is a multi-blog effort to inform consumer attorneys about CAOC's value and encourage participation in CAOC through membership.

CAOC works tirelessly to protect or advance those causes of import to consumers and their attorneys in California. Often those efforts, though valuable, receive little fanfare. For example, CAOC recently sponsored SB 510, which affects the re-sale of what are known as "structured settlements," in which victims receive financial compensation over a period of time for medical expenses and basic living needs, as determined by a jury. Before SB 510 was signed by the Governor, Courts expressed frustration at their inability to prevent the sale of structured settlements on terms that might ultimately lead to long-term financial hardship for the victim. Now, SB 510 gives judges the information they need to make a reasoned decision about the propriety of a structured settlement sale.

Measures like CAOC-sponsored SB 510 help protect the most vulnerable members of our society and ask for nothing in return. They exemplify the spirit of CAOC. However, CAOC is only as effective in its mission as its membership allows it to be. When consumer attorneys join the ranks of CAOC, its voice gains in power and clarity. But if consumer advocates sit on the sidelines, hoping to benefit from the work of others, CAOC is stretched thin, and we are all at risk as a result.

Now, consumer advocate bloggers from across the state are combining their voices to call upon each and every lawyer and firm that regularly represents plaintiffs to join CAOC, thereby strengthening the consumer's first line of defense. The blogs participating in this unified call to action are:

• The Complex Litigator (H. Scott Leviant)
• The UCL Practitioner (Kimberly Kralowec)
• Bailey Class Action Daily (Matt Bailey)
• California Employee Rights Blog (James J. Peters)
• An Appeal to Reason (Donna Bader)
• California Personal Injury and Insurance Blog (Jonathan G. Stein)
• California Debt Blog (Jonathan G. Stein)
• TrialLawyerTips.com (Mitch Jackson and Lisa Wilson)
• California Injury Blog (John Bisnar)
• San Diego Injury Lawyer Blog (Ross A. Jurewitz)
• San Diego Car Accident Lawyer Blog (Ross Jurewitz
• San Diego Injury Accident Lawyer Blog (Ross A. Jurewitz)
• California Nursing Home Abuse Lawyer Blog (Walton Law Firm LLP)
• San Diego Injury Law Blog (Walton Law Firm LLP)
• California Personal Injury Law Blog (Norman Gregory Fernandez)
• Biker Lawyer Blog (Norman Gregory Fernandez)
• California Credit Law (Mark F. Anderson, Carol Brewer & Andy Ogilvie)
• Lemon Law Blog (Mark F. Anderson, Carol Brewer & Andy Ogilvie)

Show your support of consumers' rights by joining and supporting CAOC. Together we can make an impact that we cannot make alone.

In any spinal cord injury, the degree of ones recovery is usually dependent on the speed of treatment after the injury-producing event. The longer the wait, the more likely nerve cells wither and die, and paralysis follows. But now, for the first time, Neuroscientists at UCSD have been able to re-grow axons in damaged spinal cords in lab rats whose spinal cord injuries were up to a year old.

This discovery would not have been possible without the concentration of neuroscience research being performed in the San Diego area. Five major neuroscience institutions call San Diego home: UCSD, the Burnham Institute for Medical Research, the Salk Institute for Biological Studies, The Scripps Research Institute and The Neurosciences Institute.

"San Diego has a heavy concentration of people doing both experimental and theoretical work, from molecule to the mind. There are only a few places in its league – cities like New York with Columbia University, Boston with the Massachusetts Institute of Technology and Baltimore with Johns Hopkins University," Said Dr. Michael Goldberg, president of the Society for Neuroscience.

The close geographical concentration has allowed for some intra-institution collaboration, which, because of the quickly expanding sciences, is done out of necessity.

"The science is so big now," said Dr. Stuart A. Lipton, who previously worked at Harvard University and is now director of Burnham's Del E. Webb Neuroscience, Aging and Stem Cell Research Center. "No one person or institution can have all of the toys, the big instruments, the necessary technologies and techniques."

San Diego neuroscientists have been leaders in studying the causes and treatments for neurological syndromes such as autism, Alzheimer's and Huntington's disease, and brain growth. It is estimated that more than 260,000 Americans live with chronic disabilities caused by spinal-cord injuries.

Source: San Diego Union Tribune

The Walton Law Firm represents individuals who have suffered disabling injuries in all types of accidents, including motor vehicle accidents, construction accidents, burn incidents, construction accidents, and animal bites. Call (866) 607-1325 for a free and confidential consultation.

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.

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.

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 weird and tragic car accident story was reported in the San Diego Union Tribune this morning about a fatal accident occurring last Sunday at the same intersection where a family of four lost their lives almost about a month ago.

According to the article, a female teenager driving a black Ford Ranger rear ended a Chevy Cavalier on Parks Avenue in La Mesa. Instead of stopping, the teenager fled the scene, and the driver of the Chevy, Taya Chase, attempted to follow. While in pursuit, the pickup truck, for reasons unknown, stopped in the middle of an intersection. Chase pulled up along side it to address the driver who had just hit her, but no words were exchanged. According to Chase, the teenager gave her a "scary glimpse," then she "looked right through me," before putting the truck in reverse and speeding away.

This story then becomes truly tragic. The teen turned her truck around and proceeded to get on eastbound I-8. She was followed by another driver who had witnessed the hit-and-run on Chase. The truck sped from I-8 to northbound SR-125, where it allegedly plowed through the intersection at Mission Gorge Road, and broadsided a car being driven by Pamela Marabeas, 53, of Santee. The high-speed collision crushed both cars, killing Marabeas and critically injuring the teen. Police believe that the teen may have run a red light.

Police are still investigating the accident, and no doubt more information will come about the teen and the reasons for her careless and reckless conduct.

Source: San Diego Union Tribune

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 those caused by defective products. Call (760) 607-1325 for a free consultation.

A wrongful death lawsuit has been filed in San Diego Superior Court - El Cajon by the family of Thomas Varshock, a 52-year-old Potrero resident who burned to death during the 2007 Harris wildfire. The lawsuit alleges that state firefighters were negligent in handling of the fire, and that their negligence caused the death of Varshock, and injuries to Varshock's 15-year-old son, who was badly burned.

The lawsuit addresses the sequence of events that took place on a road near the Varshock home on the first day of the fire. Varshock and his son were driving away from their home to flee the fire when they encountered four firefighters. There was a discussion between Varshock and firefighters, then the Varshocks climbed aboard the truck with the firefighters, who drove them back to the Varshock home. Upon arrival, the fire fighters immediately started fighting spot fires, but were quickly overcome by flames that engulfed both the Varshock home, and the fire truck that was parked nearby. The fire fighters were also badly burned.

The California Department of Forestry (or Cal Fire), the named defendant, disputes this rendition of facts. It says that the Varshocks insisted on returning to their home, and only ended up in the fire truck after the Varshock's vehicle stalled.

Obviously there is a huge difference in the story, which will likely be resolved by the lawsuit. Cal Fire has a number of legal defenses, including governmental immunities. If the family prevails, it will be entitled to money damages for the loss of love, society, companionship of Varshock, as well has the financial support. The son has his own separate case for his burn injuries.

Source: The San Diego Union Tribune

The accident and injury attorneys 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.

A 37-year-old woman and her 13-year-old daughter suffered serious, but not life-threatening injuries when they were struck crossing a street in Talmage. The two were attempting to cross El Cajon Blvd. near Highland Avenue when they were struck by a vehicle traveling westbound on Highland. The minor was taken to Rady Children's Hospital and reported to have a broken femur, while her mother was taken to a different hospital.

Anyone who witnessed the accident, or has relevant information, is encouraged to contact San Diego Police.

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The pedestrian accident lawyers at Walton Law Firm LLP represent individuals and families who have been injured in accidents caused by negligence, including car accidents, motorcycle accidents, construction accidents, slip-and-falls, and malpractice matters. Call (866) 607-1325 for a free consultation.

A Caltrans worker and a probationer picking up trash on the side of the freeway were seriously injured today when a northbound car veered on the shoulder and struck the two. The accident occurred along the I-15 in City Heights.

According to reports, a 1992 Infiniti J30, traveling northbound, swerved to the right, and collided with the slow moving Caltrans van, then hit the man and the woman standing in front of it. Paramedics transported the two to Scripps Mercy Hospital for treatment of what were described as major injuries.

The driver of the Infiniti was also taken to the hospital for treatment of minor injuries. She told investigators that she was looking for coins in her center console when the accident occurred.

Source: 10news.com

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

It has been more than a decade since the National Institute of Medicine recommended that the health care industry stop blaming doctors and nurses for medical errors and start looking at prevention. An investigation by Hearst Newspapers has found that very little has changed since that time. A proposed mandatory nationwide system for reporting and analyzing medical mistakes was never created, while the rate of medical error is increasing.

The investigation by Hearst, which included a team of investigators and several hundred interviews, has resulted in the launching of a website called "Death by Mistake" which highlights the stories of people victimized of medical malpractice. Some studies estimate that 98,000 people die every year from medical mistakes that could have been prevent. That equates to more deaths each month than occurred in the 9/11 attacks. This figure does not include the estimated 99,000 people who die each year from hospital-acquired infections.

The website also has a hospital safety database for several states, and tells the story of many medical malpractice victims.

To visit Dead by Mistake click here.

The medical malpractice lawyers at Walton Law Firm LLP represent individuals and families who have been impacted by medical negligence and other negligence related accidents. Cases are taken on a contingency fee, and all consultations are free and confidential.

LA JOLLA - Spinal cord injury researchers from UC San Diego have announced a major advance in reconnecting nerve endings, which could lead to the reverse of paralysis in patients. The findings were published in the journal Nature Neuroscience.

Performing experiments on rats, scientists at the UCSD School of Medicine have, for the first time, successfully reconnected severed axons - parts of nerve cells that conduct electrical impulses. Using a nervous system growth factor called neuroptophin, researchers were able to guide severed axon endings to a correct paired axon ending and bond. This bonding formed electrical connections called synapses.

A recent survey by the Christopher & Dana Reeve Foundation found that 1.275 million Americans have suffered a spinal cord injury, and more than 5.6 million Americans live with some form of paralysis.

"The ability to guide regenerating axons to a correct target after spinal cord injury has always been a point of crucial importance in contemplating translation of regeneration therapies to humans," senior author Dr. Mark Tuszynski, director of UCSD's Center for Neural Repair. "While our findings are very encouraging in this respect, they also highlight the complexity of restoring function in the injured spinal cord."

The experiment’s success was not totally complete. Though the regenerated axons could be precisely guided to their targets and form synapses, the resulting connections did not work. But while it is a long-road to a successful treatment for spinal cord injury, researchers see these latest findings as a large step.

Source: San Diego Union Tribune

The accident and injury attorneys at Walton Law Firm LLP represent individuals who have suffered injury in all types of accidents, automobile accidents, construction accidents, property accidents, dog bites, and malpractice matters. Call (790) 607-1325 for a free consultation, or fill out an online contact form.

A Vista jury awarded $2 million to the widow of a man killed when his golf cart plunged down a steep cliff at Pala Mesa Resort and on to the freeway. The total award was reduced to $1.4 million when the jury found that the deceased golfer was 30% responsible for the accident.

The golfer, 65-year-old Edwin Payne, was in the middle of a round of golf on May 22, 2007 when he lost control of his golf cart, jumped a curb, and fell down an 80 foot cliff and on to Old Highway 395. Payne's attorney alleged that the resort was negligent in the maintenance of its property, and that the negligence caused Payne's death. The jury agreed.

In a wrongful death case, where sufficient proof is made, the plaintiff, here the wife, is entitled to both economic and non-economic damages. Economic damages are typically the lost of financial support, and non-economic are the loss of love, society, companionship, etc. The impact caused by the death. The jury awarded Mrs. Payne $483,426 in economic damages, and $1.5 million in non-economic, then the overall was reduced by 30%.

Source: North County Times

The San Diego accident and injury lawyers at Walton Law Firm LLP represent individuals injured or killed in all types of accidents, including construction accidents, auto accidents, slip and falls, dog bites, and malpractice matters. Call (790) 607-1325 for a free consultation, or fill out an online contact form.

It was a relatively quiet Fourth of July weekend on San Diego County roadways. Countywide there were 88 arrests for suspicion of driving under the influence, which represents 66 fewer arrests than last year. While that is great news, the story wasn't the same on North County roads, where 21 people were arrested, an increase of three from the previous year.

The San Diego Sheriff's Department reported four arrests in Encinitas, San Marcos and Vista each, and the arrest of an intoxicated bicyclist in Solana Beach. Carlsbad only reported on DUI arrest.

Only one serious accident was reported in North County. In Oceanside, a 30-year-old man suffered life-threatening injuries when he was ejected from his vehicle after crashing near the intersection of Lake Boulevard and Evening Canyon.

The North County accident and 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, and construction accident. Call (760) 607-1325 for a free consultation.

A retired teacher visiting San Diego from Illinois died over the weekend after falling out of a pedicab at the 100 block of Harbor in San Diego's Marina District. Sixty-year-old Sharon Miller was participating the National Education Conference when she and another participant decided to take a pedicab ride on Saturday. At about 11:30 a.m. the driver of the pedi-cab began serving back and forth, causing Ms. Miller fall out and strike her head.

Ms. Miller was taken to UCSD Medical Center and diagnosed with a closed-head injury. She was placed on a ventilator and pronounced brain dead at approximately 6:15 p.m. that evening.

Police are still investigating the accident, and have not yet confirmed the cause.

UPDATE: Police are reportedly investigating the 23-year-old pedicab driver and contemplating manslaughter charges for his role in the death of Ms. Miller. The pedicab driver is from Turkey and here in the US on a work visa. According to witnesses, he was driving the pedicab with Ms. Miller in back in an area marked for pedestrians. One witness said he was driving in an "unsafe manner."

UPDATE II: The pedicab story has taken on a life of its own. San Diego officials are now proposing new rules regarding the operation of pedicabs (a little late, don't you think?), the driver of the pedicab that claimed Ms. Miller's life was arrested and charged with involuntary manslaughter. Sukru Safa Cinar, from Turkey, was taken into custody and faces up to four years in prison.

The San Diego accident and injury lawyers at Walton Law Firm LLP represent individuals who have been injured in all types of accidents. Call (866) 607-1325 for a free and confidential consultation.

Typically, active duty military personnel cannot bring a legal action against the military for injuries caused by military decisions, or other military-related activities. But the House Judiciary Committee is considering a bill that would allow military families hold the government accountable for non-combat related personal injuries.

Col. Adele Connell tried to bring a claim against Walter Reed Army Medical Center when her physician mistakenly operated on the wrong breast during a cancer surgery, and removed healthy tissue and lymph nodes. The negligent surgery caused her become disfigured. Her medical malpractice case was dismissed under the Feres Doctrine, which prohibits such claims. The congressional bill would change that.

"These last eight months have been unbelievably difficult," said Connell, who has served for more than 30 years. "The reason I am going public is that I want to try to improve the military for soldiers serving all over the world."

The legislation passes, it would be retroactive to 1997, potentially affecting the outcome of several pending lawsuits.

The malpractice lawyers at Walton Law Firm LLP represent individuals and families who have been impacted by medical negligence and other negligence related accidents. Cases are taken on a contingency fee, and all consultations are free and confidential.

If your negligent driving causes a car accident in Fallbrook, and police or fire responds, your insurance company is going to get a bill from the city. This new fee goes into effect at the end of this month, and is designed to provide some revenue to cash-strapped local governments.

Depending on the severity of the auto accident, at-fault drivers will receive a bill from $435 to $2,100, which was calculated based on the hourly labor and equipment costs for public safety officers. If firefighters simply provide traffic control, the bill will be on the lower end, if the assistance is more involved, such as extracting victims from badly damaged vehicles, then the bill will be on the higher end.

Opponents of the new ordinance contend that the fee represents "double taxation," since existing property taxes presumably already cover these services. But most of the opposition, it is no surprise, has come from the insurance companies themselves, who threaten (as usual) that the rates for all will rise under such laws.

The double-taxation argument does have some teeth. Several states have already banned such a "crash tax," and a pending bill in Sacramento aims to do the same in California.

The personal injury lawyers at Walton Law Firm LLP represent individuals and families who have been injured in car motorcycle accidents, and all other accident and injury matters. Call (760) 607-1325 for a free consultation.

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.

The family of a 6-year-old boy who was killed when a garage door closed on him as filed a wrongful death lawsuit against the manufacturer of the automatic door, as well as against the door's installer and the owners of the home where the boy was killed. According to newspaper articles, the boy was found by his 9-year-old brother pinned under the door, which authorities say caused the boy to die of "compressional asphyxia."

The lawsuit names Mid-America Door Co. and Sears, Roebuck & Co. alleging that the door's failures were caused by a defect in the product. The lawsuit alleges that the door was not equipped with a motion sensor, which has been required by the U.S. Consumer Product Safety Commission since 1992.

The family is devastated:

"I'm haunted by this every day, and if I would have known he was under the garage [door], then there's no way that I wouldn't have run to him," his mother said at a news conference. "I keep thinking that he was screaming and calling someone and no one was there to help him."

The injury and accident attorneys at Walton Law Firm LLP represent individuals and families throughout Southern California who have been injured in accidents, including injuries caused by defective products, car accidents, medical malpractice, motorcycle accidents and all other personal injury matters.

A 36-year-old San Diego husband and father died yesterday when his car slid on a freeway off ramp and slammed into a trash truck on Federal Blvd. Jose Lerma lost control of his car when it traveled over a large patch of used oil that police say was illegally dumped there earlier in the day. Witnesses say Lerma fishtailed in the oil and lost control and crashed.

Police are looking for help in finding the individuals who dumped the oil, which police estimate was four five-gallon buckets. San Diego Crime Stoppers has offered a $1,000 reward, and are encouraging those with any information to call the Crime Stoppers tip line at (888) 580-8477.

The New York Times is out with a story about independent medical exams - or IMEs - in the state's beleaguered worker's compensation system. The article more or less confirms what injury attorneys all over the county already know: there is nothing "independent" about IMEs.

Generally speaking, an insurance company in a personal injury or workers compensation claim has a right to conduct a medical exam of the claimant to confirm the injuries are legitimate. But what usually happens is the doctor - hired by the insurance company - will issue a report that either dispute, denies, or down-plays the injury.

The Times article (which can be found here) starts with the story of plumber, injured on the job, who seeks more time under his work comp claim. The doctor conducts an exam, and appears to confirm all of the plumber's injuries and complaints of pain. But when the doctor issued the report, it reported the plumber had no injuries. According to the doctor, he couldn't be truthful because it would hurt is standing with the insurance company:

“If you did a truly pure report,” the doctor said, “you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby.”

So who gets screwed? The injured person, now twice victimized. While this doctor is in New York, he has many brethren in San Diego. There are IME doctors here who make hundreds of thousands of dollars working for the same insurance companies, and who routinely issues reports that dispute the injured party's claims, or disparage the character of the victim.

I had a client who had her tongue pierced. She suffered a neck injury in a car accident and was sent to an IME with a particularly notorious San Diego defense doctor. When the report came back, the doctor spent a paragraph talking about the black spot on the x-ray with turned out to be a piece of jewelry in the woman's tongue. He went on to call her a malingerer (a liar), and concluded that she had no discernable injury.

What did a tongue piercing have to do with her neck injury? Nothing, of course. It was just this doctor's way of diminishing the character of the patient before him, hoping that somewhere down the road, either an insurance adjuster or jury, will judge her wrongly and reduce the value of her claim. I guess “that’s the game, baby,” but it is a pathetic game indeed.

A dramatic car accident on southbound SR 163 claimed the life of a motorcyclist. According to witnesses, an unidentified pickup truck abruptly changed lanes, cutting off a Ford Ranger pickup, causing it to lose control and veer across lanes and into another car. The Ranger then careened into a motorcyclist, throwing the rider over the center divider and into northbound traffic where he was struck by a car and killed.

The accident occurred at around 4:45 p.m. near the Kearney Villa Road exit. The pickup that started the chain of events did not stop.

The rider of the motorcycle was identified as Michael Anthony Freitas of Riverside.

The San Diego motorcycle accident attorneys at Walton Law Firm LLP represent individuals and families who have been involved in auto and motorcycle accidents. Attorney Scott Barber has been a street and dirt motorcycle rider for more than 20 years. Call for a free and confidential consultation.

After a car accident, it's not uncommon for the victims to call our office months later with complaints about their insurance claim. Usually the complaint is that the insurance adjuster is a jerk, won’t return calls, won’t make an offer, or simply is denying liability altogether. Clients then call us to ask if this is normal.

I don’t know if it’s “normal,” but it sure is prevalent. One would think that the insurance companies would do whatever it takes to prevent a person from contacting a lawyer after a personal injury claim, but every year our office takes over the cases of many people who simply want to avoid any further dealings with the insurance company.

Is there any way to make the process easier? Not really. But after a car accident, there are certain obligations under California law that insurance companies must follow:

• If it's your own insurance policy (such as an uninsured motorist claim), tell you of all benefits and coverages available to you.

• Open a claim file immediately and contact you within 15 days to appraise you of the status of the claim.

• Respond to phone calls or letter received by you within 15 days of receipt.

• Accept or deny the claim within 40 days after receiving documentation that the claim made is legitimate and supported by evidence.

• Offer a fair settlement, and pay it within 30 days.

The California Department of Insurance has an excellent manual that covers most issues that arise in an auto insurance claim (click here). Or, of course, you can call our office to answer any questions you might have. If, after an accident, the injuries are serious, then I believe it is important to get an attorney involved. The personal injury lawyers at Walton Law Firm LLP provide free consultations on all auto accident case.

Driving under the influence of alcohol is typically a man's domain. But a recent study has revealed that over the last decade, injurious or fatal drunk driving accidents involving female drivers has risen sharply in California, and dramatically in San Diego County, where serious injury-causing accidents among females between ages 21 and 24 has increased 124%.

"I was pretty surprised at the magnitude of the increase," said Stephen Bloch, a researcher with the auto club, whose study is based on 10 years of CHP data. He stressed that men still represent the large majority of alcohol-related crashes.

Click here to read the entire article.

The lawyers at Walton Law Firm LLP represent individuals and families who have injured in accidents, including car accidents, motorcycle accidents, bicycle accidents, construction accident, and all other personal injury matters. Consultations are free and confidential.

In the last few days there has been a rash of car accidents involving pedestrians. The most serious occurred in Chula Vista where 45-year-old Peter Dicesare of Los Angeles drove his Jeep Wrangler into 75-year-old Ronald Seiler near the 3100 block of Main Street. Seiler was crossing Third Avenue when he was hit. He was taken to UC San Diego Medical Center where he died shortly after arriving. Alcohol is believed to have been a factor in the accident.

In Mira Mesa, a driver ran into a 51-year-old man on a bicycle. The victim was in a marked bike lane on Calle Cristobol when a 19-year-old driver hit the rear of the bike. The bicyclist was hospitalized with serious head and back injuries but is expected to recover. Alcohol is believed to have played a role in this accident as well.

In Pacific Beach, a woman suffered serious and life-threatening injuries when she was hit by a drunk driver as she tried to cross Mission Boulevard near Reed Avenue. The driver, Alan Mabrey, struck the pedestrian while he was turning left.

And in San Marcos, a 19-month-old boy was killed when he wandered from his home near Smilax Road. The driver, who was believed to be driving a black mid-size older model car with tinted windows, fled the scene. Anyone with information about this accident is encouraged to call the Sheriff's Department at 858-565-5200.

The American Association for Justice (AAJ) is out with a research report on the egregious ways insurance companies make money at the expense of consumers. Despite being an industry with trillions (yes, trillion with a “t”) in assets, and billions in profits, insurance companies engage in time-honored tricks of the trade to avoid paying claims.

In this report, the AAJ lists how some of America’s largest insurance companies such as Allstate and AIG have denied valid claims for the sake of profit, including employment practices where employees are given incentive bonuses to deny claims or make low-ball offers. It also includes instances of insurance carriers delaying claims in the hope the claimant will give up, or, in the case of long-term care insurance, die.

Anyone who has had to make a claim for insurance benefits is probably not surprised by these findings. Occasionally you’ll find people who are totally satisfied with their experience, but by far most people come away upset, confused, and angry. In fact, many of our auto accident clients come to us after a bad experience with the adjuster assigned to the claim. They feel they have no choice but to involve a lawyer.

Click here (.pdf) to read the entire report.

The accident and injury attorneys Walton Law Firm LLP represent individuals and families who have been involved in auto and motorcycle accidents, bicycle accidents, and most other accident claims.

There have been a lot of fatal car accidents in San Diego County recently. In fact, over the holidays there were more auto accident-related deaths than in years past. Many of the accidents were caused by alcohol use, but the accidents that jump off the news pages are those that occur for "unknown reasons."

For example, about a week ago in Fallbrook a 42-year-old woman named Stormi Lou Arreola was killed, and her child passengers injured, when she crossed the center divider on northbound Mission Road and struck a elderly man driving a Mazda sedan. The accident occurred midday, and, according to news reports was not alcohol related.

Yesterday, a bicyclist – riding in the bike lane – was struck and killed in Sabre Springs on Sabre Springs Parkway when a man driving a BMW veered into the bike lane and hit the cyclist. The victim was identified as 55-year-old Walter Carl Joller, whose was severed in the crash. He died at the scene. Police said they don't believe alcohol played a role in the accident, which occurred around 7 p.m.

There are, of course, many reasons why car accidents occur, but when the cars veer or drift out of their lane, and alcohol or drugs are not involved, it's impossible not to think that cell phone use was a contributing factor. This is quickly becoming the primary culprit in the train accident in Los Angeles, and is no doubt the cause of many car accidents. Personal injury lawyers who represent the victims of these accidents can subpoena the phone records of negligent drivers to prove that at, or around, the time of the accident the driver was using the phone instead of watching the road.

UPDATE: This morning the North County Times had a thorough article about Mr. Joller, who was a retired Navy captain, and who regularly commuted by bicycle to his job at Space and Naval Warfare Systems Command in Point Loma. He wore reflective gear and a helmet when he rode, and was known to be an experienced cyclist. The police are now stating that the negligent driver who struck Mr. Joller was simply "inattentive" at the time of the accident, and that he may face vehicular manslaughter charges. The family said donations may be made to the Navy-Marine Corps Relief Society in lieu of flowers.

The San Diego personal injury lawyers at Walton Law Firm LLP represent individuals and families who have been impacted by auto, motorcycle, and bicycle accidents, including claims for wrongful death.

California Highway Patrol is reporting that Yine Erandy Gonzales Angeles, age 24, was killed early Sunday morning when the Ford Explorer she was traveling in rolled over on Interstate 5 near Solana Beach. Ms. Angeles was six months pregnant at the time. The baby did not survive.

According to news reports, Ms. Angeles was riding with her husband, 5-year-old daughter, and two relatives when the car was clipped by a speeding Nissan Altima that was trying to change lanes. The contact between the cars caused the Explorer to flip several times, partially ejecting Ms. Angeles, who was wearing a seatbelt. The other passengers suffered relatively minor injuries.

Witnesses stopped to assist the passengers out of both cars, but after helping the driver of the Altima get out of his vehicle he ran from the scene. The driver, John Francis Sudac Jr. of Carlsbad, later turned himself in and was booked into the Vista jail on suspicion of gross vehicular manslaughter.

Adding insult to an already tragic accident, witnesses also said that in the slowing traffic after the accident, a woman in a dark colored Subaru wagon jumped out of her car and stole Ms. Angeles' purse, which had been thrown across the freeway, before driving away. Any witnesses to this accident or the theft are encouraged to call police at (858) 673-3800.

FACTS: A 16-year-old female student as Scripps Ranch High School was accidentally run over in the high school’s parking lot. According to reports, the victim and other students were socializing in the parking lot just after school, apparently sitting on the asphalt. A 16-year-old male student then got into his car, started the engine, and proceeded to drive away. It is unclear what happened next, but apparently several of the victim’s friends were able to move out of the way, but not the victim, who was run over by male student driver.

Sadly, the girl was seriously injured. According the news reports, she suffered internal injuries, including a lacerated liver, and facial trauma.

LIABILITY ANALYSIS: General tort principles would apply to a case such as this. The male driver would be liable for any and all damages caused by his negligence, but that liability would be reduced by the comparative fault of the victim, if any.

Assuming negligence on the part of the driver, the damages would likely be limited to his auto insurance policy. As a minor, his parents could be held liable for additional sums, but that liability would probably be limited to $25,000 under California Civil Code §1714.1.

The school is probably not exposed to liability, unless it could be shown there was some wrongdoing on its part.

Walton Law Firm LLP represents vitims of personal injury throughout San Diego County. Contingency fee arrangements available and consultations are always free.

Auto accidents in San Diego County claimed the lives of three people over the Thanksgiving holiday weekend, two fewer than killed during the same weekend last year. In Balboa Park, two people did in a solo-car crash, and 51-year-old Ilija Petrovich of Carlsbad was killed in a motorcycle accident in Pauma Valley.

California CHP also reported 119 DUI arrests over the weekend.

San Diego personal injury lawyers Randy Walton and Scott Barber represent individuals who have been impacted by car accidents, defective products, spinal and brain injuries, construction accidents, malpractice, dog bites, and other cases involving negligence, including cases of wrongful death.

A woman described as friendly and loyal was killed this weekend while selling flowers at her roadside flower stand in Lakeside. According to reports, Gwendolyn Wheeler was talking to a taxi that had pulled over on the shoulder of Lake Jennings Park Road when the driver of a pickup truck drove across lanes and on the raised shoulder, striking the parked taxi. Ms. Wheeler died at a nearby hospital, and the taxi driver was seriously injured.

The driver of the pickup was not injured, and was arrested on suspicion of driving under the influence of prescription medication.

This wasn't the only fatal car accident to plague San Diego County this weekend. A Fallbrook man suspected of driving under the influence died in a single car accident when he slammed his Toyota Camry into a power pole on South Mission Road. And in Oceanside, two men and a dog were killed in a fiery crash at the intersection of El Camino Real and Mission Road. Anyone with information about the Oceanside crash is asked to contact Officer Joe Torres at (760) 435-4930.

Walton Law Firm LLP is a personal injury law firm that represents injury and wrongful death clients throughout San Diego County. Contingency fee arrangements available and consultations are always free.

Based in San Diego’s North County, Randy Walton and Scott Barber represent individuals all over San Diego County in matters of personal injury and wrongful death. Whether you live in Escondido or El Cajon or Chula Vista, or anywhere else, Randy and Scott can help you obtain monetary justice for the injuries you have suffered.

Personal injuries, or course, can arise in a variety of circumstances, but usually occur due to car accidents, construction mishaps, dog bites, slip-and-fall incidents, medical malpractice, nursing home abuse, or assault and battery. For over a decade our attorneys have been handling claims on behalf of injured people, and all cases are taken on a contingency fee basis. That means that we do not earn a fee unless there is a monetary recovery.

For more about our firm visit our website at www.WaltonBarber.com.

Home and hospital visits are available, and consultations about cases are always free.

Car accident injury and fatality statistics from 2007 were released yesterday by the California Office of Traffic Safety, and show a wide disparity among Northern San Diego County cities.

Escondido seemed to fair the worse, ranking third highest among 52 cities of similar size in alcohol-related accidents per vehicle mile. Faring better was Carlsbad, who ranked 41st lowest in the same category. The ranking are based on the number of people injured or killed in automobile accidents each year.

The purpose of the study was to assist cities in identifying problems with traffic safety, and to help the state in assigning federal tax dollars to the cities that need it most.

A copy of the study can be found here (.pdf).

Cal-OSHA is investigating what caused a wooden pedestrian walkway to collapse in downtown San Diego yesterday. The accident occurred during the lunch hour next to an apartment building under construction at 15th Street and Imperial Avenue, and injured 16 people.

According to witnesses, the walkway first began to sway, then gave way, sending people and debris falling to the ground where pedestrians scrambled. According to one witness, "the whole darn walkway fell down."

The caused of the accident is currently under investigation. What is known is that the developer for the project is San Diego-based Affirmed Housing Group, and the general contractor for the site is Allgire General Contractors of Carlsbad. It is being reported that state records show that Allgire has had at least two accidents in the past four years. One incident resulted in a $16,000 citation for a serious violation of state safety law.

There are reports that 16 people suffered personal injuries in the accident, including three with injuries that were described as serious. The most severe injuries being reported are a broken leg and a broken back. All of the victims are expected to survive.

UPDATE I: The Union Tribune is reporting this morning that two people remain in critical condition after the walkway accident yesterday. Some of the injured were homeless people who live at the St. Vincent de Paul Village across the street from the construction site. Also, Cal-OSHA is stating that it could take several months for the cause to be determined.

UPDATE II [9/3]: It is being reported today that three seriously injured individuals from the August 28 walkway collapse are still hospitalized. The most serious appears to be one victim who suffered a "broken back." According the San Diego Union Tribune, the victims ages ranged from 16 to 64. The incident is still being investigated, and we will be keeping on top of this story.

UPDATE III [9/8]: Raw video footage of the accident has been release and can be found on the local NBC website (click here). It is being reported that OSHA may take up to six months to complete its investigation.

Walton Law Firm LLP represent is a consumer law firm that represents the victims of personal injury, wrongful death, and elder abuse and neglect. Cases are taken throughout San Diego County, and consultations are always free.

San Marcos has one of the most dangerous intersections in North County at San Marcos Blvd. and Rancho Santa Fe Road. But just about a half-mile west is another dangerous intersection at San Marcos Blvd. and Acacia Rd., which sits at the bottom of both an eastbound and westbound dip, causing drivers to approach the intersection at a high rate of speed.

A few years ago there was a lawsuit arising from an auto accident at that intersection, and yesterday a 19-year-old Encinitas man was killed while riding as a passenger in a 2004 Jeep Loredo that, according to reports, was speeding on San Marcos Blvd. The Jeep was traveling eastbound, and ran a red light at Acacia. The Jeep seriously injured the driver of car trying to turn left onto westbound San Marcos Blvd. Hopefully, the injured (and apparently innocent) driver of that car makes a full recovery.

More on the accident can be found here.

UPDATE [8/30/08]: It is being reported in the North County Times this morning that the driver that ran the red light has been arrested for manslaughter and drunk driving. The woman who was hit in the intersection reportedly suffered only minor injuries.

For a free consultation about any San Marcos personal injury matter, call the San Marcos accident lawyers at Walton Law Firm LLP at (760) 607-1325.

The hit-and-driver that nearly killed Leslie Nunez has never been held accountable for the devastating injuries she wrought upon Leslie and her friend last year in Pacific Beach. Exactly one year ago, Leslie and her friends were walking to a restaurant in PB when they crossed Grand Avenue near Cass Street and were hit by a Nissan Maxima. Leslie suffered severe personal injuries, including head injuries and broken bones requiring surgery. The driver just took off.

Now Leslie needs your help to find the bad guy, and is offering her own money to boost the San Diego Crimestoppers reward up to $2500 for information that leads to the identification of the negligent driver. The accident occurred on August 10, 2007 at 9:40 p.m. in Pacific Beach. Witnesses say there were two women in the car, which may have been customized with specialty rims and tinted windows. Leslie still has over $200,000 in medical bills. Anyone with helpful information about this hit-and-run crash should call (888) 580-TIPS or go to the Crimestoppers website.

Walton Law Firm LLP is a personal injury law firm that represents clients throughout San Diego County. Contingency fee arrangements available, and consultations are always free.

One of the most frequent questions Walton Law Firm gets from potential clients is, "Do I need a lawyer?" While there is no set answer, here are some general guidelines. You probably need a lawyer if:

1) You need more than one doctor visit to treat your injuries. Generally, if your injuries are such that you require two or more doctor visits or physical therapy, in addition to incurring medical bills, you are going to miss some work. When the bills start mounting and medical insurance gets involved, you probably need a lawyer.;
2) You're in a car accident and your vehicle sustains over $1,000 in damage. Generally, the higher the amount of damage to the car, the higher the forces transferred to the occupants. Of course there are exceptions to this so the amount of damage to a vehicle alone is not a determinative factor.; or
3) The other party denies responsibility for the accident. If the other party was at fault but denies it, you will definitely need an attorney as their insurance will likely not settle without a fight.

If you've been in an accident which meets one or more of the three criteria above, please do not hesitate to contact Walton Law Firm for a confidential and free consultation. If you're going to need a lawyer, it's better to get them involved earlier rather than later.

A decline in auto accident deaths may be attributed to the increase in fuel prices, a new study shows. The report was released last month at a meeting of the American Society of Health Economists.

The study found that for every 10% increase in gas prices, there was a 2.3% decline in automobile accident fatalities. Surprisingly, there was a greater decrease in accident deaths for drivers ages 15 - 17, which was 6%, than for drivers 18-20, which was 2.3%. The auto death statistics were acquired from the National Highway Safety Administration.

The study's authors believe that the number of auto-related deaths will decrease by 1,000 each month that gas prices continue to rise. There are approximately 40,000 deaths every year resulting from car crashes.

More people, more roads, and more freeway congestion caused the number of auto accidents on North County San Diego roads to rise in 2007. Drivers looking to avoid the congestion of Highway 78, found the local surface streets no safer. Below are the top car accident locations in all the cities along the 78 corridor.

OCEANSIDE ACCIDENTS
College Boulevard and Oceanside Boulevard - 10
North River Road and College Boulevard - 7
Mission Avenue between Butler Street and Amick Street - 7
College Boulevard and Plaza Drive - 6
College Boulevard and Via Cupeño - 6
Oceanside Boulevard and Melrose Drive - 6
College Boulevard and Barnard Drive - 5
El Camino Real and Vista Way - 5
Mesa Drive and College Boulevard - 5
Oceanside Boulevard and Rancho del Oro - 5

CARLSBAD
El Camino Real and La Costa Avenue - 28
El Camino Real and Palomar Airport Road - 27
Armada Drive and Palomar Airport Road - 15
El Camino Real and Marron Road - 15
Alga Road and Aviara Parkway - 14
El Camino Real and Faraday Avenue - 14
Palomar Airport Road and Paseo del Norte - 14
Carlsbad Village Drive and Harding Street - 13
Cannon Road and El Camino Real -12
Car Country Drive and Paseo del Norte - 12

VISTA ACCIDENTS
Escondido Avenue and Hillside Terrace - 26
Melrose Drive and Vista Way - 15
Santa Fe Avenue and Vista Village Drive - 15
Emerald Drive and Vista Way - 15

SAN MARCOS ACCIDENTS
Rancho Santa Fe Road and San Marcos Boulevard - 41
Grand Avenue and San Marcos Boulevard - 24
Business Park Drive and San Marcos Boulevard - 17
Knoll Road and San Marcos Boulevard - 17
Descanso Avenue and Rancho Santa Fe Road - 16
San Marcos Boulevard and Twin Oaks Valley Road - 16
Via Vera Cruz and San Marcos Boulevard - 16
Bent Avenue and San Marcos Boulevard - 15

ESCONDIDO ACCIDENTS
Washington Avenue and North Broadway - 17
East Valley Parkway and Midway Drive - 16
Lincoln Avenue and North Broadway - 16
El Norte Parkway and Centre City Parkway - 14
East Valley Parkway and Rose Street - 14
East Mission Avenue and Ash Street - 13
Mission Avenue and Fig Street - 13
Washington Avenue and Ash Street - 13
East Valley Parkway and Harding Street - 12
East Valley Parkway and Ash Street - 12
Centre City Parkway and Mission Avenue - 12