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Articles Posted in Personal Injury

For most Valley Center residents, news of a distracted driving accident does not produce an image of an older adult driver talking or texting on a cell phone. Yet seniors in California routinely use their phones when they are behind the wheel of an automobile, including in San Diego County. California has had a ban on handheld cell phone use while driving since 2008, but seniors, along with drivers of other ages, continue to talk and text on their phones despite the ban. Indeed, data from a distracted driving study in Southern California suggests that teenagers and young adults certainly are not the only age group responsible for distracted driving crashes resulting from improper cell phone use. What should you know about older adult drivers and the risks of distracted driving? 

UC San Diego School of Medicine Study Shows Seniors Engage in Distracted Driving Behaviors at High Rates

According to a study conducted by researchers at the UC San Diego, seniors use cell phones behind the wheel much more frequently than you might think. Indeed, researchers from the University of California San Diego School of Medicine’s Training, Research, and Education for Driving Safety (TREDS) program found that almost 60% of seniors aged 65 and older use their cell phones for talking or texting while driving, putting themselves and others on the road at serious risk of injury in a distracted driving collision. 

Dog bite injuries can happen suddenly and unexpectedly, particularly when the dog belongs to a family member or a friend. In many cases, dog bite injuries can be quite serious, and many can even prove fatal. Regardless of whether you know the dog owner, it is important to learn more about seeking compensation to cover your medical bills related to the dog attack, along with lost wages due to your inability to work. 

As you are seeking information about dog bite compensation, you may be wondering if you are eligible to file a lawsuit after getting bitten by a dog in Escondido. The answer to that inquiry depends on a handful of other factors. The following are some questions that are designed to help you understand whether or not you may be eligible to file a dog bite lawsuit.

Were You Lawfully on the Property When the Dog Bite Occurred?

When we leave our homes to run an errand or to head into work, we do not anticipate suffering a serious injury in an accident. Yet accidents and personal injuries happen more often than you might think in San Marcos, and it can be difficult to seek the financial compensation you deserve if you have not taken necessary steps ahead of time to preserve your right to file a claim and to gather necessary evidence to support your case. Whether you are involved in a motor vehicle collision or a slip and fall, the following are general steps you should take after a personal injury in San Marcos in order to be eligible for financial compensation. 

Document the Scene of the Accident

Whether you were injured in a car accident or in a trip and fall in a hotel or restaurant, it is essential to document the scene of the accident. If you have your smartphone, take photos from many different distances and angles to provide a clear sense of the scene, making sure to include images of property damage and injuries.

north-county-san-diego-map-179x300With its office central to all North County San Diego cities, Walton law firm has been representing car accident injury claims for North County residents for over 20 years. From Del Mar to Oceanside to Escondido to Poway, the firm’s San Marcos office (along the 78) is easily accessible from all North County cities.

Have you been involving in a motor vehicle accident in North County, San Diego? If so, we can help.

With its main office in central North County (San Marcos), Walton Law Firm has represented residents from every North County city in car accident injury claims. With over 20 years of experience, our North County car accident lawyers know the roads and freeways and understand how complicated the claims process can be for the uninitiated. In short, the insurance companies who handle the claims have one objective, get you to sign a release while paying as little money as possible.

If you were injured in an accident in Carlsbad or in another incident that resulted in a serious personal injury, you may be thinking about your options for seeking financial compensation. If you were harmed in a motor vehicle collision, you could be eligible to seek financial compensation by filing an auto insurance claim before you need to move onto thinking about a lawsuit. Or, if you were injured at work, you could be eligible to obtain medical benefits and money to cover lost wages by filing a workers’ compensation claim. For other types of accidents, the first step may be to file a personal injury lawsuit against the at-fault party. 

Whether you have already gone through another claims or benefits process, or you are getting started quickly on your personal injury lawsuit, it is important to understand how comparative fault may affect the outcome of your lawsuit.

What is Comparative Fault? 

Just how dangerous are cell phones when it comes to causing distracted driving crashes in Valley Center? According to a recent report released by Cambridge Mobile Telematics, cell phones are much more dangerous than many of us assume. Even if drivers keep their phones away most of the time while they are driving, a high percentage of motorists will use their phone at least once or twice while behind the wheel. Some motorists assume it is relatively safe to check email or send a text message while sitting at a stop light or in heavy traffic. Others assume that quickly updating the navigation system on a smartphone will not result in any permanent consequences. 

Yet according to the Cambridge Mobile Telematics, more than 40% of all drivers in the U.S. are distracted by their phones while driving at any given point during daylight hours. Since it is not yet possible to know with certainty whether a collision was caused by a distracted driver, the new report intimates that cell phone-related distractions may cause many more serious and fatal traffic collisions than we would like to believe.

Distracted Driving Crashes can be Avoided, but We Need to do More

After a serious injury in a Rancho Bernardo accident, it can be difficult to think about anything beyond the physical and financial repercussions of your injury. You are likely scheduling medical appointments for treatment or surgery, and trying to recover physically from your injury. At the same time, you are likely having trouble paying your bills if your injury has prevented you from working. You may be thinking about filing a claim for compensation, but you might be putting it off until your injuries heal enough for you to begin focusing on a complex insurance claim or a personal injury lawsuit. Yet it is critical to keep in mind that you will only have a certain amount of time to file your lawsuit. 

The amount of time you have to file a claim is known as the statute of limitations, and it can vary depending upon the type of injury you have suffered and the identity of the responsible party. We want to provide you with more information about the statute of limitations in personal injury claims in California, and to urge you to seek advice from a Rancho Bernardo personal injury lawyer as soon as you can.

Most Personal Injury Claims Will Need to be Filed Within Two Years

Personal injuries can vary significantly in terms of severity. In car crashes and other types of accidents in Poway and throughout Southern California, people can suffer harm that ranges from a mild injury to a debilitating or even fatal injury. According to the Cambridge Dictionary, the word ‘catastrophic’ often means “causing sudden and very great harm or destruction.” In the realm of personal injury law, we often think of catastrophic injuries as those that result in disabilities and those that may be life-threatening. The following are examples of different kinds of catastrophic injuries that often lead to successful personal injury lawsuits. 

Spinal Cord Injuries (SCIs)

Spinal cord injuries frequently result in permanent paralysis. According to the Mayo Clinic, a spinal cord injury is a term that refers to “damage to any part of the spinal cord or nerves at the end of the spinal canal.” Even if a spinal cord injury does not result in paralysis, the Mayo Clinic underscores that these types of injuries frequently cause “permanent changes in strength, sensation, and other body functions below the site of the injury.” In addition, these injuries can require medical support for the rest of the injured person’s life, costing hundreds of thousands of dollars (and often much more).

When teenagers begin driving in Escondido, the experience can be extremely stressful for parents—both as passengers in the front seat and as nervous figures waiting at home for a teenager to return safely with the car. According to an article in Forbes, parent anxiety might not be helping teenagers at all when it comes to reducing the rate of car accidents. Rather than feeling nervous about having your teen behind the wheel, it is better to take steps to combat your anxieties surrounding your child obtaining a driver’s license and to focus on rational tasks that can provide your teen driver with the safety training they need to stay safe on the road.

Teen Driving is Dangerous

Parents’ anxieties surrounding teen driving are not unfounded. The U.S. Centers for Disease Control and Prevention (CDC) reports that, on average, six teenagers between the ages of 16 and 19 die every day in a motor vehicle collision, and as many as 300,000 teens require treatment in emergency departments every year for car accident injuries. Yet, as the CDC underscores and the Forbes article emphasizes, teen driving collisions are preventable.

If you are planning to stay at a hotel in San Marcos or elsewhere in Southern California, you should be able to expect that the hotel will maintain the premises in a reasonably safe manner, and that you will not be exposed to unreasonable risks of harm or injury. However, in the era of COVID-19 and the coronavirus pandemic, the idea of being reasonably safe in a hotel environment has shifted. Many people still want to travel within California, and others want to plan vacations to Southern California from other parts of the country. Ultimately, if you stay at a hotel where you contract COVID-19, can you file a negligence claim against the hotel?

 
This is a complicated question, and it ultimately depends upon a number of different factors. We will provide you with some clarifying information below, but it is important to speak with a hotel negligence attorney in San Marcos to determine whether or not you have a claim.

 
Was the Hotel Negligent in Failing to Prevent the Spread of the Coronavirus?

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