Articles Posted in Personal Injury

steve-halama-324710-copy-177x300As many residents of San Marcos know, California law allows adults aged 21 and older to buy, possess, and consume marijuana as long as it is one ounce or less in a private residents or in an area in which marijuana consumption is legal. In addition, the law permits adults to grow marijuana plants in a small number (up to six of them), as long as they are growing the marijuana plants in a secure place where the public cannot view them. What does this have to do with car accident rates in San Marcos? According to an article in The Washington Post, two studies conducted earlier this year “came to seemingly opposite conclusions on whether marijuana use is causing an increase in car crashes in states that have legalized the drug.”

Since California is one of those states, it is important for residents to consider the potential link between marijuana use and motor vehicle crash rates. If you or someone you love got hurt in a traffic collision caused by a drugged driver, you should learn more about filing a claim for compensation.

Are Car Accident Insurance Claims Higher in States Where Marijuana is Legal?

kalu-ci-146209-300x200When you live in Encinitas or in a nearby part of North County, you likely know about the risks of alcohol-impaired driving. We often hear about DUI laws in California and the serious consequences of driving under the influence of alcohol. The U.S. Centers for Disease Control and Prevention (CDC) highlights how an average of 28 people sustain fatal injuries in car accidents each day caused by drunk drivers (or, to put that number another way, one person dies every 51 minutes because a driver decided to drink and drive).

What about drugged driving? How does smoking or otherwise consuming marijuana affect a person’s ability to drive safely? How often do prescription drugs or illegal substances play a role in serious and fatal car accidents in Encinitas? According to a recent report from the Regulatory Affairs Professionals Society (RAPS), the FDA’s newly finalized study provides guidance on drugged driving.

Drugged Driving Laws in California

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Last weekend 21 children ages 5 to 14 were injured when a large wooden viewing platform and staircase collapsed, sending the children to the floor below. In all, 23 people were rushed to local San Diego hospitals, three with spinal injuries. PK Vault is a gymnastics-type facility that offers kids the chance to do parkour in a lively upbeat environment.

 
There will no doubt be personal injury liability against PK Vault, and very possibly others, including the building’s owners. Under California law, a building owner or occupier has a duty to maintain the premises free of dangerous conditions to all invitees. A failure to do so, constitutes premises liability, and the owners and business can be held liable to those injuries.

 
Personal injury law would allow any person injured to seek compensation for their injuries, including payment of all medical bills, and a sum for pain and suffering – damages that compensation for the impact an injury has had on a person’s life.

joey-banks-380271-copy-300x200When product recalls happen in Oceanside, do most North County residents pay attention to these serious warnings? As many Californians know, products can be subject to recall when there is a serious safety defect that can result in serious and even fatal injuries. According to a recent survey conducted by SteriCycle Expert Solutions, while many people may in fact respond appropriately to news of a product recall, millennials “are the least likely among the U.S. population to say they respond positively to product recall notices.”

To be clear, young people who are often classified as millennials (typically those between the ages of 18-34) may be exposing themselves to more risk from product defects by avoiding recall notices.

Older Adults More Likely than Younger Adults to Comply with Product Recall Notices

joao-victor-xavier-304057-copy-300x169If your teenager plays contact sports or engages in other activities in San Clemente that increases his or her risk of a concussion, is it better to avoid these sports altogether? Do the benefits of team sports and individual recreational activities outweigh the potential harms associated with a mild traumatic brain injury (TBI)? According to a recent report from NPR, teens may be sustaining concussions at a higher rate than most parents would like to believe. The report cites a research letter that was recently published in the peer-reviewed journal JAMA, which indicates that “approximately 20 percent of teens . . . have been diagnosed with at least one concussion.”

What is causing teen concussions at such a high rate? What steps can parents take to reduce the risk of a TBI altogether, and to ensure that their child heals properly after sustaining a head trauma?

High School Students Surveyed About History of Head Injuries

bethany-legg-14229-copy-300x200Many Valley Center residents have heard about the risks of distracted driving. Indeed, as a report from ABC News 10 discusses, on January 1, 2017 additional cell phone laws took effect that prevent California drivers from holding a phone or doing anything more than making a single tap or a single swipe. While drivers are still permitted to use cell phones as GPS devices, provided that they are mounted somewhere in the vehicle, the change to the law aims to prevent distracted driving accidents. What about distracted walking? While the term might sound like an odd one, it is becoming a relatively serious problem in California and throughout major urban areas in the country.

According to a recent report from KEYT News 3, a local official is proposing a change to the law. In short, in order to improve public safety, San Mateo County Supervisor David Canepa is hoping to institute a distracted walking law that “would make it illegal to use the crosswalk while using your cell phone.” Is such a law likely to pass? Is it necessary to prevent pedestrian accidents?

Pedestrian Accidents on the Rise Due to Smartphone Use

michael-mroczek-199379-copy-300x200For parents and their neighbors in Rancho Bernardo, it is important to understand important school bus safety laws as kids throughout California return to school. We can all take steps to prevent bus accidents. However, according to a recent report from CBS News, many drivers do not always obey school bus safety laws simply because they do not know them. Now is the time to learn because the California Highway Patrol (CHP) plans to conduct pedestrian safety enforcement operations along the California coast in the coming school days.

What are School Bus Laws in California?

In short, it is important for motorists to know how to behave around a school bus (and how to obey the law). In particular, if you are driving behind a school bus that is picking up or dropping off children, or if you are approaching such a bus from the opposite direction, what does the law require you to do? The report emphasizes the importance of understanding and abiding by the following laws to prevent child pedestrian accidents and fatalities:

jakob-owens-169886-copy-300x205When parents in Poway and throughout Southern California buy food products for their kids, they should be able to expect that these items will not result in unexpected injuries. Unfortunately, however, foods we buy at the local grocery store can contain product defects that lead to serious injuries. According to a recent article in The New York Times, boxed macaroni and cheese products made with powdered cheese could be causing harm to your kids. Could this popular food, especially among children, be the potential basis for product liability claims in California?

Are Boxed Macaroni and Cheese Products Harmful to Your Child’s Health?

As the article explains, it looks as though the powdered cheese contained in many of these boxed products contains high amounts of phthalates, chemicals that “can disrupt male hormones like testosterone and have been linked to genital birth defects in infant boys and learning and behavior problems in older children.” Are these chemicals found naturally in cheese? In short, the answer is no. Rather, phthalates can “migrate into food from packaging and equipment used in manufacturing.” Young children and pregnant women should be particularly concerned with the risks associated with these chemicals.

joao-victor-xavier-304057-copy-300x169Is high school football in San Marcos really as dangerous as scientists and physicians have been suggesting? Does playing high school football increase young athletes’ risk for sports-related concussions and more serious traumatic brain injuries (TBIs), in addition to placing them in danger of developing the degenerative brain condition known as chronic traumatic encephalopathy (CTE)? Most physicians would say, in general, yes. However, according to a new study published in JAMA Neurology, not all high school football players appear to have sustained long-term damage from playing the sport in their youth. High school football players in the 1950s did not, on the whole, show signs of cognitive impairment.

This study appears to call into question some of the recent research on TBIs and high school football. What are the key takeaways from this study, and should this research change the way we manage the risk of brain injuries in contact sports?

Study Explores Link Between Youth Sports-Related Concussions and Long-Term Cognitive Health

nabeel-syed-2856-copy-300x200Pedestrian accidents happen a lot more frequently than they should in Encinitas, according to a recent article in The San Diego Union-Tribune. The city recognizes the particular risks for pedestrians who walk along El Camino Real, and the city is taking steps to try to make this stretch safer for anyone who is on foot. The city recently hired an expert to conduct a “walking audit” of El Camino Real with a group of participants and to make recommendations for preventing a pedestrian accident and improving safety in general for pedestrians in the area.

What can the city do to make Encinitas a more pedestrian-friendly place?

The “Walking Audit” and its Outcome

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