Our office opens regular office hours during COVID-19 Emergency.

arseny-togulev-DE6rYp1nAho-unsplash-1-copy-300x169If you are injured by a defective product in Escondido, you most likely will be eligible to file a product liability lawsuit. Depending upon the defect associated with the product and the way in which you got hurt, you could be able to file a design defect claim, a manufacturing defect lawsuit, or a marketing defect case. However, in some situations, product designers, manufacturers, and sellers may have immunity from certain types of claims. In the new era of the COVID-19 pandemic, the Public Readiness and Emergency Preparedness Act (PREP Act) gives liability to certain manufacturers who are designing and manufacturing products for combatting the coronavirus. Most immediately, the PREP Act could give automakers immunity in situations in which products like ventilators turn out to be defective.

 We want to say more about the PREP Act and how its immunity provision could prevent consumers from filing product liability lawsuits. At the same time, we will explain the limitations of PREP Act immunity for defective products.

Immunity from Product Defect Cases Under the PREP Act 

nabeel-syed-2856-copy-300x200If you were injured in a car accident in San Marcos or elsewhere in Southern California, it is essential to know how to file an auto accident claim. Every car accident case will have its own particular set of facts, but we want to provide you with more information about the claims process and the ways a San Marcos car accident lawyer can help. 

Gather Information to Support Your Claim

You will need to gather information and evidence to support your car accident case. This process starts at the scene of the accident, where you should take photographs of the scene on your smartphone. You should also obtain contact information for anyone else involved in the collisions as well as witnesses who may be able to support your version of the events. Beyond the initial scene, it is also important to get medical attention as soon as possible. By seeing a doctor quickly, you will be able to prove that your injuries resulted from the car accident, and your medical records will become important evidence in your case.

lance-asper-pAWY7xrsLwc-unsplash-copy-300x169If you live in Encinitas or in another part of San Diego County, you have likely been staying home as much as possible for the last number of weeks. All Californians are required to stay home “except to get food, care for a relative or friend, get necessary health care, or go to an essential job,” according to the state’s stay-home order. The order is in place until further notice, and it first took effect on March 19, 2020. While anyone who has an essential job—and thus must drive to work—or needs to leave the house for food or medicine is still at risk of being injured in a motor vehicle crash, it looks like that risk is significantly lower. Indeed, according to a recent article in the Los Angeles Times, since the stay-home order took effect, motor vehicle collision rates have dropped significantly. 

We want to say more about the lowered risk of an auto accident during the pandemic, and to discuss what you should do if you are involved in a crash at this time.

Fewer Motor Vehicle Crashes With Lower Traffic Rates

rmwtvqn5rzu-jesse-orrico-300x199Whether you live in Vista or elsewhere in Southern California, it is important to take steps to avoid a serious personal injury. Injuries can happen almost anywhere, and traumatic brain injuries (TBIs) can result from many different types of accidents. Motor vehicle collisions, slips and falls, and other kinds of accidents can lead to severe head trauma. According to a recent report from U.S. News & World Report, rates of fall-related TBI deaths are on the rise in California and across the country. In other words, more people are sustaining fatal brain injuries in fall-related accidents than in previous years and decades. The study shows that fall-related TBI deaths increased steadily between 2008-2017. We want to take a closer look at that study and to consider what it means for Vista residents who sustain brain injuries in falls. 

More People are Suffering Deadly TBIs in Falls

Traumatic brain injuries, according to researchers, are head injuries that are “caused by a bump, blow, or jolt to the head or body, or a penetrating head injury that results in disruption of normal brain function.” In general, TBIs can be mild, moderate, or severe. Concussions are one type of mild TBI, and although they may result in life-threatening problems later on, most mild and moderate TBIs do not immediately cause a person’s death. The key piece of information from the report is that more people are sustaining fatal TBIs in fall-related accidents. Yet there is more to the data than that. More of the people falling are older adults, and more of them live in rural areas of the country. Rates of fall-related brain injury deaths have risen across age groups and geographic regions, but those specific risk factors showed particular growth.

rhys-moult-7eaFIKeo1MQ-unsplash-copy-300x221If you or someone you love got hurt in a truck accident in Carlsbad, it is extremely important to know about your options for filing a claim and proving that the trucking company is responsible for your injuries. Even in cases in which a truck driver’s error caused the collision, as is true in many trucking collisions, plaintiffs will want to learn more about causation and liability to determine whether the trucking company itself or the owner of the truck may also bear responsibility for the crash. Generally speaking, truck companies have much deeper pockets than truck drivers themselves, and thus they may be able to provide an injured plaintiff or her family with full compensation for losses. Yet first, a plaintiff will need to prove causation and liability. 

What causes most truck accidents? The Federal Motor Carrier Safety Administration (FMCSA) conducted a study about trucking accident causation more than 15 years ago. According to a recent report in Transport Topics, the FMCSA has plans to conduct a new crash causation study that will help to reveal the extent to which issues like smartphone usage and distracted driving play a role in truck collisions.

Details of the FMCSA Planned Study

matthew-fournier-G971e4EFKtA-unsplash-copy-300x187While most of us do not associate life in Oceanside, CA with ice hockey, there are certainly ice hockey teams in Southern California, and many high school students play hockey with an aim of playing in college or afterward. The universities in the UC system also have hockey teams, and both men and women enjoy club hockey at the nearby University of California, San Diego campus. Although California might not be known for its hockey, young people do play ice hockey here. According to a recent report in CBS News, they may be at greater risk of a concussion than researchers previously reported. Women, in particular, may sustain concussions at a much higher rate in ice hockey than scientists previously believed. 

Risks of Ice Hockey and Head Trauma

According to the recent report, concussions in women’s ice hockey are much more common than you might think. Many of the players are beginning to think more carefully about how they are exposed to serious risks of a traumatic brain injury (TBI). A recent study conducted by researchers at the Minnesota Department of Health determined that “girls, particularly girls who play hockey, are more likely to get concussions than boys.” Some of the reason is “biological,” according to Dr. Uzma Samadani, a brain surgeon. As Dr. Samadani clarified, “boys have stronger necks and thicker skulls.”

PalaBusCrash-300x225Another charter bus accident on a San Diego freeway has claimed lives, and this one was not far from our San Diego North County law office. Last week, an Executive Lines charter bus headed from El Monte to Tijuana crashed on the rain-slicked I-15 near Fallbrook. The accident killed three passengers and injured 18 others.

According to the CHP, the charter bus about to head uphill in a downpour when the driver lost control, causing the bus to veer of the road, overturn, and then roll down a steep embankment. The bus veered off the highway, overturned, and slid down an embankment before coming to rest along the hillside.

Several passengers were ejected from the charter bus. “Little by little I start remembering and getting flashbacks and I would only hear people screaming that were inside and the others were trapped,” one victim told Telemundo20.

sara-the-freak-v4lRAcrhBr8-unsplash-copy-300x200When you are driving in San Clemente or elsewhere in Southern California, are you at greater risk of being involved in a car accident than you think? Most San Diego County or Los Angeles County residents do not get behind the wheel with the expectation of suffering injuries in a serious motor vehicle collision. Many drivers have a false sense of security when it comes to driving and auto accident risk. According to a recent article in the Patch, a high percentage of Southern Californians are “in denial about safety” based on information from a recent study. We want to tell you more about the study and discuss actual car crash risks in Southern California. 

Driving is King in Southern California

More than in most other major urban areas of the U.S., driving remains the preferred mode of transportation in Los Angeles County and San Diego County. Indeed, in Los Angeles County, according to the article, “private vehicles are used at more than twice the rate of the second-most popular transportation mode, ride-hailing.” To put it another way, more than double the number of people drive than use Lyft or Uber.

Is bicycling becoming more dangerous in Valley Center and throughout San Diego County? Bicyclists in San Diego have been voicing concerns for quite some time about serious and deadly bike accident injuries in Southern California, and many safety groups have pushed for the creation or renovation of bike lanes. Yet according to a recent article in CaliforniaHealthline.org, bicycle accidents continue to result in life-threatening and fatal injuries in the state. Indeed, as the article points out, as of late January 2020, the overall rate of bike accident deaths in California had reached a 25-year high. 

Rise in California Bike Accident Deaths

According to the article, between 2016-2018, California had the highest rate of fatal bicycle accidents “for any three-year period since the mid-1990s.” During that period, the average death rate for bicycle accidents reached its highest point since the early 2000s. This information comes as cities across California expand bike share programs and more residents invest in bicycling.

Getting hurt in a motorcycle crash in Rancho Bernardo can be devastating. When motorcyclists are involved in collisions with cars or trucks, the motorcyclist often is the one who sustains particularly severe injuries. As the Insurance Information Institute (III) explains, “motorcycles are by their nature far less crashworthy than closed vehicles,” making motorcyclists more vulnerable in the event of an accident. While motor vehicle drivers often are at fault for motorcycle crashes in Southern California, motorcyclists can also bear some responsibility for the collision. If you were involved in a motorcycle accident and you think you may have been partially to blame, you may be wondering: Should I still file a claim even if I am partially at fault? 

Generally speaking, it is extremely important to file a claim even if you think you may bear some responsibility for the crash. Yet perhaps even more importantly, you should know the proper steps for moving forward with your claim to give yourself the best chance at obtaining full compensation for your losses.

Do Not Admit Fault—Even if You Think You Might be Partially to Blame

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