San Diego Injury Law Blog

July 21, 2023

New Study Addresses Muscle Car Driver Fatalities

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:

May 12, 2023

Can I File a Car Accident Lawsuit in San Marcos?

by Walton Law Firm

Motor vehicle collisions in San Marcos and throughout San Diego County can be devastating, and even a relatively minor crash with limited injuries can prevent you from returning to work for weeks, months, or even longer. After a car accident caused by another motorist or another party, you may be wondering if you are eligible to file a car accident lawsuit against the party who is responsible for your personal injuries and property damage. In many instances, it is possible to file a lawsuit, but you may have additional options for seeking compensation, as well. One of our San Marcos car accident attorneys can explain in more detail.

You Do Not Need to Meet Any Threshold to File a Lawsuit

Some states are “no-fault” states for auto insurance purposes, which means that you would need to meet a financial or injury “threshold” in order to be eligible to file a lawsuit. We want to be clear that California is not a “no-fault” state, and you do not need to meet any threshold in order to file a lawsuit. If you can prove that another party was liable, you may be able to move forward immediately with a lawsuit.

April 28, 2023

Hotel Safety and Liability in Encinitas

by Walton Law Firm

As the end of the school year approaches and people plan vacations in Encinitas and throughout Southern California, it is important to understand the types of injury risks that exist for guests of all ages and the ways in which hotels, motels, and other resorts or vacation rentals can be liable in the event of an injury. From harm caused by negligent maintenance of the premises to harm from inadequate security, there is a range of hazards that exist at hotels and motels. In many cases, the business is liable for injuries that happen to guests, and an experienced Encinitas hotel injury attorney can speak with you about your options for filing a claim. In the meantime, we can give you more information that will be helpful as you think about spring and summer vacation plans.

Hotels Owe a Duty of Care to Guests and Restaurant Patrons

Hotels and motels owe a duty of care to their guests who are staying overnight on the premises and even to patrons who are visiting the hotel for only an hour or two for dinner in the hotel restaurant or for a spa treatment. When hotels fail to ensure that their property is reasonably safe and when they fail to take reasonable steps to avoid harm, they can be liable for injuries that occur.

April 14, 2023

When Do I Need to Think About Comparative Fault in My Vista Personal Injury Case?

by Walton Law Firm

After any kind of serious accident or situation in Vista in which another party’s negligence or intentional wrongdoing causes a personal injury, it is important to think about filing a claim for compensation. Depending upon the cause of the injury, and the type of accident or circumstances in which the injury occurred, it may be possible to file an insurance claim to seek compensation before considering a personal injury lawsuit. At other times, it may be necessary to begin thinking immediately about a civil lawsuit under California law. If you have done any initial research into personal injury cases in Southern California, you might have come across the term “comparative fault” or “comparative negligence.”

When does the issue of comparative fault apply to a personal injury case? Our Vista personal injury lawyers can clarify.

Comparative Fault or Comparative Negligence Involves the Plaintiff’s Liability

March 31, 2023

Oceanside Car Accidents and Daylight Saving Time

by Walton Law Firm

It is that time of the year again when clocks go forward, and residents of Oceanside and the rest of the state lose an hour of sleep. Although you might not associate a clock change with a rise in car accident rates, data shows that this is one of the most dangerous times of the year when it comes to serious and deadly traffic accidents. According to an article in Business Insider, daylight saving time “is literally killing us” because of the increase in injuries and deaths at this time of the year linked to losing just one hour of sleep. Our Oceanside car accident lawyers can say more about the dangers of daylight saving time, and we can also assist you with a claim if you are injured in a motor vehicle collision at this time of the year.

Car Accident Injuries and Other Death Rates Rise

As the article highlights, when we lose an hour of sleep due to daylight saving time, we are “prone to make more deadly mistakes on the road.” Indeed, “researchers estimate that car crashes in the US caused by sleepy daylight-saving drivers likely cost 30 extra people their lives over the nine-year period from 2002-2011.” Drivers are more tired when they have to commute to work in the dark, in addition to the fact that they are operating on less sleep. Even in the days and weeks following the changing of the clocks, most of us continue to experience an impact on our sleep schedules.

March 17, 2023

Who is Liable for a Slip and Fall Injury in Carlsbad?

by Walton Law Firm

If you slip and fall in Carlsbad — whether you are at a local store or restaurant, in a public park, or at the home of a friend or family member — is someone likely to be liable for your injuries? In other words, are you able to file a claim against a liable party in order to seek financial compensation? Determining liability for a slip and fall may be complicated, and it is important to discuss the details of your case with an experienced Carlsbad premises liability lawyer who can assess your case for you. In the meantime, you can learn more about parties who may be liable for slips and falls, depending upon the circumstances, and what you will need to do in order to file a civil lawsuit in order to seek compensation.

Parties Who are Commonly At Fault for Slips, Trips, and Falls

Who is usually at fault for a slip and fall? It all depends on the circumstances of the accident. Generally speaking, a property owner, property manager, or any other party in control of the property can be liable for a slip and fall if they fail to maintain the property in a reasonably safe manner. Accordingly, any of the following parties may be at fault in a slip, trip, and fall case: