North County San Diego Injury Lawyers

May 26, 2023

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

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:

March 3, 2023

Bike Lanes May Be Critical for Preventing Injuries in California

by Walton Law Firm

Bicycling in Valley Center and throughout Southern California is a popular activity and mode of transportation, but it can also be extremely dangerous. Whether you only ride a bicycle occasionally or you are on a bike several days a week, it is essential to understand how bike crashes happen, who is often liable, and what you can do in order to seek compensation. According to a recent study from BikeLA reported in KTLA news, a “vast majority of deadly collisions involving cyclists happened on roads that don’t have dedicated bike lanes.” In other words, bike lanes could be essential in the goal of preventing bike accidents and injuries in Southern California. What else should you know about the study? Our Valley Center personal injury attorneys can provide you with more information.

Getting the Facts About Bicycle Injuries and Lack of Bike Lanes

Are bike lanes the answer to preventing a majority of bicycle injuries in Southern California? According to the BikeLA study, in assessing bicycle accident deaths from 2022, “the most regular contributing factor . . . was a lack of dedicated infrastructure for cyclists.” Indeed, about 85% of bike accident fatalities occur on roads that do not have dedicated bike lanes.

February 17, 2023

New Study Suggests Brain Injury May Increase Risk of Brain Cancer

by Walton Law Firm

If you suffer a brain injury in San Clemente, are you more likely than someone who has not suffered a brain injury to be diagnosed with brain cancer later on? In other words, is there a link between a person sustaining a traumatic brain injury (TBI) and their future risk of brain cancer? According to a recent study published in the journal Current Biology, there may indeed be a link between brain injuries and brain cancer. The study was conducted by researchers at University College London (UCL), and it could have implications for personal injury cases involving brain injuries and brain cancer diagnoses. What do you need to know? Our San Clemente personal injury attorneys can discuss the study with you, as well as its potential implications for a brain injury claim.

Head Injuries Cited as a Contributing Factor to Brain Cancer Diagnoses

The new study was reported in Docwire News, and that site explains that the study is notable because it reveals that “head injuries could be a contributing factor in the development of brain cancer later in life.” To be sure, the researchers determined that “genetic mutations, combined with brain tissue inflammation, changed the behavior of cells, making them more likely to become cancerous.” While previous evidence used to link brain injuries with brain cancer was “inconclusive,” the new study could prove that head trauma can be linked to brain cancer.

February 3, 2023

New Study Says Three Concussions Likely Will Result in Serious Brain Damage

by Walton Law Firm

Have you or someone you love sustained a concussion in a motor vehicle collision in Rancho Bernardo or another type of accident in Southern California? Whether you or a loved one recently sustained a concussion in an accident for the first time or now suffered a subsequent concussion, you may wonder: how many concussions are too many before I experience long-term damage? To be clear, even a single concussion can have long-term consequences, and you should certainly speak with a Rancho Bernardo brain injury attorney if you have suffered a concussion in an incident resulting from another party’s negligence or intentional act.

Multiple concussions tend to put a person at greater risk for serious brain damage and neurological issues in the future. A new study suggests that “three concussions seems to be a turning point for brain issues, and further injury worsens symptoms.”

Our Southern California injury lawyers want to discuss the study and its potential implications for people who have sustained concussions and other forms of traumatic brain injury (TBI).

January 20, 2023

Bike Helmets and Injuries in Poway: What Should You Know?

by Walton Law Firm

Do bicycle helmets actually prevent serious brain injuries when bike accidents happen in Poway or elsewhere in Southern California? In other words, do bike helmet laws make cycling safer? And do laws requiring bicycle helmets actually have their intended effect, or are there unintended consequences, too? A recent article in Slate discusses the “cult” of bike helmets and the ways in which this “modern safety obsession” might actually cause more harm than good. What should you know about biking safety, bike helmets, and injuries in Southern California? Our Poway bicycle accident lawyers want to discuss the Slate article and provide you with more information about filing a bicycle injury claim.

Benefits Versus Harms of Bike Helmet Laws

As you may know, California law requires minors (those under the age of 18) to wear a helmet if they are riding a bicycle, but adults aged 18 and older are not required by law to wear a helmet while bicycling in California. Bicycle helmet laws are set by states, which means they vary from state to state. What are the pros and cons of bike helmet laws?

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