San Diego Injury Law Blog

September 29, 2023

Are E-Bikes More Dangerous Than We Thought?

The City of San Marcos, California, emphasizes that electric bicycles, or e-bikes for short, have become “more popular than ever and allow people of many ages and abilities to enjoy cycling with assistance from an electric motor.” Indeed, e-bikes have become so popular that many Southern California cities have instituted specific rules concerning e-bikes, including where and how they can be used. Yet as e-bikes gain in popularity throughout California and the country, emergency departments are also seeing increasingly more injuries from e-bike accidents.

While many Californians and visitors to the state have been reading about potential e-bike dangers for a few years now, are e-bikes actually much more dangerous than we thought? According to an article in Fortune, trauma specialists are concerned that “we’re on the front edge of a new order of danger on both bike paths and roadways.” What do you need to know about recent assessments of e-bike safety risks? Our San Marcos injury attorneys can say more.

E-Bike Injuries Increase Alongside Rise in Sales

September 15, 2023

Pediatric Burn Injuries: What to Know

by Walton Law Firm

Children in Encinitas can suffer injuries from encounters with consumer products and other objects that adults may know to avoid. Depending upon the circumstances of a burn injury, the designer, manufacturer, or retailer of the product could be liable. In addition, other parties such as daycare centers and schools may also be liable if they do not take proper precautions and develop safety procedures to ensure that young children are not burned while under their care. Whether you are a parent or caregiver, you may be wondering how pediatric burn injuries tend to happen and what else you should know. Our Encinitas personal injury attorneys can provide you with more information.

Learning More About Pediatric Burn Injuries

According to Johns Hopkins Medicine, unintentional injuries more broadly are the leading cause of death among children under the age of 14, and burn injuries are currently the “fifth most common cause of accidental death in children.” Johns Hopkins Medicine reports that about 75% of all scald-related burns in children are preventable injuries, and young children and toddlers are those who are most likely to suffer these types of burns.

August 31, 2023

Car Accidents and Older Drivers in Vista: What Should You Know?

by Walton Law Firm

Many people in Vista, and residents of Southern California more broadly, know that age can sometimes be a factor in motor vehicle collisions. Yet when most of us think about the connection between a driver’s age and their auto accident risk, we think about teenagers who are inexperienced behind the wheel and may be more likely to engage in risky behaviors like texting while driving or intoxicated driving. While studies do show that teen drivers are certainly at higher risk of accidents in many circumstances, it is important to know that older age can also play a role in assessing a person’s risk of being involved in a motor vehicle crash. According to a recent article from Bankrate, senior drivers experience physical and cognitive changes that can impact their safety behind the wheel. Our Vista car accident lawyers can say more.

Getting the Facts About Older Adult Drivers and Motor Vehicle Collisions

What should you know about older adult drivers and motor vehicle accident risk? The following are some key facts and figures cited in the Bankrate article from the NHTSA, the FHA, and the CDC:

August 18, 2023

Drowning and Dry Drowning: What You Should Know

by Walton Law Firm

Whether you and your family are swimming in a pool or the ocean in Carlsbad or another location in Southern California, it is important to understand the seriousness of drowning risks. In addition to drowning risks, you should also learn more about the different types of drowning — drowning, as well as dry drowning or secondary drowning — and possible sources of liability for these serious and deadly accidents. While children are often the ones who suffer serious and life-threatening harm in drowning incidents, it is important to know that anyone can drown or suffer from dry drowning, including adults who are seasoned swimmers. Our Carlsbad drowning injury lawyers can tell you more.

Drowning: What is it and How Does it Happen?

According to the Centers for Disease Control and Prevention (CDC), drowning is “the process of experiencing respiratory impairment from submersion or immersion in liquid.” It can be nonfatal or fatal. The CDC reports that for children aged 1 to 4, drowning is the leading cause of death, and it is the second-leading cause of death among children aged 5 to 14. Drowning can also occur in adult swimmers, even those with experience, due to dangerous tides, intoxication, and other injuries in the water.

August 4, 2023

When is a Third Party Liable for a Sexual Assault?

by Walton Law Firm

Who is at fault when a sexual assault occurs in Oceanside or elsewhere in Southern California? Obviously, it may be possible to file a claim against the perpetrator of the assault in addition to any criminal charges that occur, but in some cases, third parties can also be liable. Indeed, sexual assaults occur with an alarming frequency in the state, and it is important to understand that it may be possible to hold a third party civilly liable for harm. According to a UC San Diego Health report, “reported incidences of sexual harassment are 5% higher for women and 10% higher for men than the national average.” Indeed, the report found that “more than 86% of women in California (compared with 81% nationally) and 53% of men (compared with 43% nationally) report having experienced some form of sexual harassment or assault in their lifetime.

When can you potentially hold a third party liable for sexual assault in Oceanside or another part of Southern California? It will depend on the circumstances, but our San Diego County injury lawyers can provide more information.

Hotel/Motel, Night Club, and Retail Store Owner Liability for Sexual Assault

July 21, 2023

New Study Addresses Muscle Car Driver Fatalities

by Walton Law Firm

Are the vehicle type and its safety features (or lack thereof) to blame when a collision results in a fatality in San Clemente, or should we be placing a greater emphasis on the behavior of the driver who causes the accident? Numerous studies have addressed injury risks in smaller vehicles, suggesting that it is more dangerous to be involved in a crash in a company car or a sports car than in a larger sedan or SUV. Yet a new study from the Insurance Institute for Highway Safety (IIHS) suggests that the type of driver may be more significant than the individual model of a vehicle when estimating the likelihood of a fatal accident.

The study is important because it underscores that driver behaviors are often the cause of serious and deadly collisions. Our San Clemente auto accident lawyers can tell you more about the study and its potential implications for car accident claims in Southern California.

Muscle Cars Associated With Highest Death Rates in Crashes

July 7, 2023

Dog Bites More Likely in Hot Weather

by Walton Law Firm

While the weather is relatively warm in Valley Center and in Southern California throughout the year, the summer months can be particularly hot. According to a recent study in Scientific Reports, dog bites and animal attacks may be more likely to occur when the weather is particularly warm. The study’s findings suggest that not only could dog bite injuries be more likely to occur in the summer in California than in other months, but the state’s year-round warm weather could help to explain the very high rates of dog bites in Southern California. In addition, the study links air pollution to higher rates of dog bites, as well, which could be another factor playing a role in the total number of dog bite injuries in San Diego County and Los Angeles County.

Learning More About Dog Attacks in Southern California

Rates of dog bites and dog attack incidents are highest in California nearly every year. Indeed, according to DogsBite.org, the state of California routinely has the highest number of dog bite fatalities, and its cities frequently have high rates of dog bite incidents.

June 23, 2023

Sustaining a Concussion Can Increase Your Risk of Sports Injuries in the Future

by Walton Law Firm

Sports-related concussions in Rancho Bernardo need to be taken extremely seriously, whether they impact minors or adults, and whether they are a first-time injury or a subsequent concussion. Concussions are mild traumatic brain injuries (TBIs). While they might be described as “mild” in comparison with more moderate or severe forms of head trauma, they are nonetheless significant injuries that affect the brain. According to a recent study published in the Journal of Science and Medicine in Sport, sustaining a concussion could increase a person’s risk of experiencing additional sports-related injuries in the future. Accordingly, if a party bears liability for a sports-related concussion, there is a possibility that they could be liable for subsequent injuries that arise out of that TBI.

What do you need to know about the recent study and its implications? Consider the following information.

Athletes May Need Additional Time to Recover from Concussions

June 9, 2023

Ongoing Discussions About Bicycle Safety in Southern California

by Walton Law Firm

Bicyclists in Poway and throughout Southern California are often at risk of serious and deadly injuries in collisions involving negligent motorists. While San Diego County and Los Angeles County, for example, have taken some steps to address the high rate of bicycle injuries and deaths, such as adding new bike lanes, cyclists in Southern California continue to get hurt in avoidable crashes that result from careless or reckless drivers who engage in distracted driving, aggressive driving, and intoxicated driver. According to a recent report from ABC News, “the state of the bike and pedestrian infrastructure” is still not what it could be, and cyclists continue to be involved in deadly crashes.

Learning More About Bicycle Accident Injuries and Deaths in Southern California

As that ABC News report underscores, “between 2018 and 2022” in the Los Angeles area alone, “an average of 35 bicyclists died and more than 2,500 were injured.” The majority of those crashes had four things in common: They occurred on roads with higher speed limits (of 35 miles per hour or higher), on roads that had three or more lanes going in either direction, at nighttime, and on roads without dedicated bike lanes. Approximately 50% of deadly bicycle collisions in Southern California, based on data from an ABC7 analysis, happen between 6:00 pm and 6:00 am, and nearly 80% of all deadly collisions occur on roads where there are no dedicated bike lanes or other forms of “bike infrastructure.”

May 26, 2023

Is an Intoxicated Driver Always at Fault in an Escondido Crash?

by Walton Law Firm

After a motor vehicle crash in Escondido caused by a drunk driver or a drugged driver, is it a given that the intoxicated driver was at fault for the accident? In many (and even most) cases, the answer is yes, but sometimes complications can arise. Our Escondido car accident lawyers can explain.

Negligence and Alcohol or Drug Intoxication

Any motorist who drives under the influence of drugs or alcohol fails to behave as a reasonable driver would and is likely negligent. When a driver is negligent, they can be liable for any injuries in a crash they cause. In a DUI case in California, there are many ways you might be able to prove that the drunk or drugged driver was at fault, such as: