A tragic three-vehicle crash occurred in Fallbrook, California, late on Friday night, May 10th, 2024, resulting in four fatalities and one person hospitalized.

According to the California Highway Patrol (CHP), the accident happened around 11:18 p.m. on State Route 76 near Horse Ranch Creek Road. A silver Chrysler 300 traveling eastbound crossed into oncoming traffic, colliding head-on with a westbound Jeep Gladiator, which then sideswiped a Toyota Camry also traveling west. The drivers of the Jeep and Chrysler, as well as two adult passengers in the Jeep, died at the scene. Another adult passenger from the Jeep sustained major injuries and was hospitalized. The deceased driver of the Jeep was identified as a 58-year-old man, while information about the other deceased individuals was not available. The investigation, including any involvement of alcohol or drugs, is ongoing. Authorities urge anyone with information about the crash to contact the Oceanside Area CHP office.

For those impacted by multi-vehicle accidents, understanding their legal rights is paramount. Personal injury law provides avenues for individuals harmed due to the negligence or recklessness of others to seek compensation for their losses.

Potential Claims:

1. Wrongful Death: Families of deceased victims may pursue wrongful death claims, seeking damages for funeral expenses, loss of companionship, and financial support.
2. Personal Injury: Injured individuals can file personal injury claims to recover medical expenses, lost wages, pain and suffering, and other damages resulting from their injuries.
3. Negligence: Establishing negligence is crucial in personal injury cases. If a driver’s negligence caused the accident, they may be held liable for resulting injuries and fatalities.

Legal Guidance and Support:

Navigating the complexities of personal injury law post-accident can be overwhelming. Our experienced team at North County Injury Lawyers is dedicated to providing compassionate support and expert legal representation to accident victims and their families. We work tirelessly to pursue justice and secure fair compensation, allowing our clients to focus on healing and rebuilding their lives.

Multi-vehicle accidents underscore the devastating consequences of negligent driving. As legal advocates, it’s our duty to fight for the rights of those affected by such tragedies. If you’ve been injured in a similar incident, seek legal guidance promptly. Contact North County Injury Lawyers for a confidential consultation and let us help you navigate the path to recovery and justice.

On January 13, 2024, a 28-year-old woman named Angela Hays, from Corona, was arrested for suspected DUI involvement in a fatal three-vehicle collision on Interstate 5 in Carlsbad. The incident occurred early Saturday morning north of Palomar Airport Road. Hays, driving a gray Hyundai sedan, hit a green Jeep Grand Cherokee, causing it to overturn. This led to a subsequent collision with a white Nissan Altima.

The female passenger in the Jeep died at the scene, and the male driver died later in the hospital. Both were from Richmond, California. The Nissan’s male driver sustained major but non-life-threatening injuries. Hays, unharmed, was arrested and faces potential charges including felony DUI and gross vehicular manslaughter. The crash disrupted traffic on I-5 until about 9 a.m. as the California Highway Patrol investigated the scene.

This is yet another DUI tragedy here in North County. Victims of accidents caused by drunk drivers have substantial legal rights to seek compensation through negligence lawsuits. In these cases, the law recognizes that driving under the influence inherently breaches the duty of care owed by drivers to operate their vehicles safely. The impaired judgment and reduced motor skills of a drunk driver significantly increases the risk of causing an accident, making DUI a clear example of negligence. When a drunk driver causes an accident, the injured victims or the families of deceased victims can file a lawsuit against the driver. This legal action is grounded in the principle that the driver, by choosing to drive while intoxicated, is responsible for the consequences of that decision.

In these lawsuits, the victims can seek damages for various losses, including medical expenses, lost income, pain and suffering, and, in tragic cases like the one described above, wrongful death. The compensation aims to cover both economic and non-economic damage suffered due to the accident. Additionally, in some cases, victims may also be eligible for punitive damages, particularly if the drunk driver’s conduct was egregiously reckless or malicious. Punitive damages serve not only as a punishment to the offender but also as a deterrent to similar conduct by others. It’s important for victims to understand their rights and consider seeking legal advice from an experience Carlsbad personal injury lawyer to navigate these complex cases effectively and to ensure that their rights are adequately represented and protected in court.

The City of San Diego will pay nearly $10 million to two families who lost loved ones in a 2018 car accident in I-15. In the accident, Jesus David Dominguez and Isaac Felix will split $9.7 million from the city and the limits of an additional $300,000 insurance policy maintained by the driver who initially caused the accident.

That car crash that killed Mr. Dominguez and Mr. Felix occurred when a drunk driver named Jeffery Levi rear-ended the Toyota Corolla carrying the two men near Miramar Road on I-15 on January 2, 2018. That left the Corolla disabled and without lights when an off-duty police officer driving a Ford Interceptor issued by the city crashed into the Corolla at full speed, caused the gas tank to explode.

A lawsuit was filed three years ago by attorney Warren Ellis, but was delayed because the criminal prosecution of Levi, who was sentenced to 34 years behind bars.

[Photo: Fox5 San Diego]

Another 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.

The National Transportation Safety Board sent a team to investigate the charter bus accident. The agency, which investigates transportation crashes, posted Twitter message that “a team of four” was sent to the scene in the Pala Mesa area. The NTSB probe will likely focus on a number of causes of the crash, including the driver’s training, certifications, experience, and hours of service; the roadway conditions at the time of the accident; and the condition of the bus itself. It has been reported that Executive Lines buses and the company appears to have passed all inspections conducted over the past two years.

The three victims who died in the crash were identified as 23-year-old Cinthya Karely Rodriguez Banda, Maria De La Luz Diaz, 67 of Riverside, and Julia Perez Cornejo, 73 of Pasadena.

Northern San Diego County Personal Injury Lawyers

Walton Law firm has been representing the victims of personal injury accidents in San Diego’s North County for over 20 years. To discuss a case for free, call our office of complete our online inquiry form.

Wrongful death claims in Carlsbad often arise out of accidents and injuries that also seem like they could have given rise to a personal injury lawsuit. For example, a serious car accident might result in life-threatening injuries for one vehicle occupant, but that same accident might have led to fatal injuries for the driver of another vehicle. Similarly, construction accidents can sometimes lead to debilitating injuries that prevent construction workers from going back to the job due to a permanent disability, but sometimes a similar type of accident can cause fatal injuries for another construction worker. For example, a fall from scaffolding can produce different types of injuries in different people and in different situations.

How does California law distinguish between a personal injury lawsuit and a wrongful death lawsuit?

Connections Between Personal Injury and Wrongful Death Law

Personal injury law allows an injured person to file a lawsuit in order to seek compensation for her losses as a result of the injury. Wrongful death law in California (California Code of Civil Procedure § 377.60) is related to personal injury law in that it also allows a plaintiff to file a lawsuit when someone sustains fatal injuries. However, a personal injury lawsuit is filed by the injury victim, while a wrongful death lawsuit is usually filed by a surviving family member (a “personal representative”) such as a spouse or child of the deceased.

Wrongful death law essentially says that, since a victim of fatal injuries cannot file a personal injury lawsuit herself, a personal representative can step into her shoes and file a wrongful death claim.

Different Statutes of Limitations for Personal Injury and Wrongful Death Claims

While personal injury and wrongful death law are related, the statute of limitations in these different types of cases begin running at very different times.

The California Code of Civil Procedure § 335.1 specifies that the statute of limitations in most personal injury lawsuits is two years from the date of the injury. This means that an injured person has two years from the date on which she got hurt to file a claim for compensation. Sometimes the statute of limitations can be tolled (paused), but a plaintiff should not rely on that. While the statute of limitations in wrongful death claims is also two years, the statute of limitations does not begin running until the death of the person for whom the claim is being filed.

For example, if a person suffers a serious injury in a car accident and decides to file a personal injury claim, she must file it within two years from the date of the injury in most cases. If that person ultimately dies as a result of her injuries, however, then the statute of limitations for a wrongful death claim begins running on the date of death.

Contact a Carlsbad Wrongful Death Lawyer About Your Case

If you lost a loved one in an accident caused by another party’s negligence, it is important to learn more about filing a wrongful death lawsuit in California. A dedicated Carlsbad wrongful death attorney can examine the facts of your case today and can discuss your options with you in more detail. Contact the Walton Law Firm to begin working on your case with an experienced and compassionate injury lawyer.

See Related Blog Posts: Preventing Hot Car Deaths in Escondido Liability When Resort of Hotel Guests Get Hurt

(image courtesy of Matheus Ferrero)

Leaving your car in an Escondido parking lot during the summer months for even a few minutes without the vehicle running typically leads to a very hot car. While hot cars are not a problem when they are unoccupied, hot cars can cause the deaths of children who are left in vehicles even for a few minutes. According to a recent report from CNN News, hot car deaths have reached a record high” as of July. 29 kids across the country have suffered fatal injuries as a result of heatstroke after being left in a hot car. California, along with Texas and Florida, had the highest number of heatstroke-related child deaths this summer.

You might think that you would never forget a child in a vehicle, but the article suggests that even the most diligent parents need to take precautions to prevent hot car deaths, particularly during the summer months.

July Hot Car Deaths Reach Unfortunate Record

As the article explains, the last week of July saw 11 deaths related to hot-car heatstroke, which is a particularly high number. Prior to this summer, the record for hot car deaths peaked at 28 in 2010, a year in which there were a total of 49 deaths connected to hot cars. ccording to Jan Null, who is a meteorologist with the Department of Meteorology & Climate Science at San Jose State University, the number of deaths reported thus far is a conservative estimate. Indeed, “there are several more [deaths] each year that go under the radar,” Null emphasized.

Many people do not realize how quickly a car can become extremely hot. Null explains that, once you have the air conditioner running in your vehicle and then come to a stop in a parking lot, the temperature begins rising as soon as you turn off the engine. Within only 10 minutes’ time, the temperature, on average, rises about 19 degrees. In other words, if you turn off your car when it has a temperature of 80 degrees, it will reach almost 100 degrees—an unsafe temperature—within just 10 minutes.

How Hot is Too Hot inside a Motor Vehicle in Escondido?

According to the report, “medical professionals generally use 104-degree body temperature to measure heatstroke, and death can occur when the body temperatures reach the 107-degree range.” While most people can survive within a 100-degree car, the chances of injury increase relatively rapidly. Null suggests that, “even on an 80-degree day—which is a mild summer day for most of the country—you’re at 109 in 20 minutes” within the vehicle.

And kids are much more susceptible to heatstroke injury and death than adults. The Mayo Clinic indicates that “the central nervous system is not fully developed in children, and this makes their bodies less able to cope with temperature changes.” Moreover, the core body temperature of a child rises much more quickly—sometimes five times as rapidly—as an adult’s core body temperature. When the core body temperature rises, an individual can be at serious risk of heat illness, heatstroke, and death.

What is the best way to prevent hot car deaths? The article suggests that an alert system inside the vehicle may be the best way to avoid these accidents. But if your car does not have an option for such an alert system, an article in Today recommends the following safety tips:

• Always look in the backseat before you lock the car;
• Put something you need (like your wallet or purse) in the backseat;
• Always lock your car doors to prevent children from getting inside;
• Keep your keys and fobs out of the reach of children;
• Have a hot car safety plan if you use childcare; and
• If you see a child in a hot car, say something.

If you have questions about child injuries or filing a car accident claim, an Escondido personal injury lawyer can help. Contact the Walton Law Firm to learn more about how we can assist you.

See Related Blog Posts: Seatbelts Could Save Children’s Lives in Carlsbad Distracted Driving Awareness Month in Vista

(image courtesy of Dan Gold)

For many San Diego residents, the relatively recent and seemingly ever-expanding Takata air bag recall was a source of anxiety and frustration. As you may remember, the Takata air bags installed in dozens of different automobile makes and models ran the risk of exploding as a result of a defective inflator, causing severe and life-threatening shrapnel injuries, and some victims even died as a result of their injuries. Over the last several weeks, Takata news stories have largely focused on culpability for the Takata executives who may have known about the serious product defect yet did not take steps to remedy the issue before consumers got hurt. However, according to a recent article in CNET.com, there is a new Takata air bag safety issue that has prompted another recall.

What do you need to know about the new recall, and what should you do if you drive one of the affected vehicles?

New Takata-Sourced Air Bag Product Defect

Is there really another problem with Takata air bags? As the CNET.com article explains, the new problem is this: “if the front driver airbag deploys, misaligned components may cause the airbag to only partially fill.” In addition, the “airbag cushion might also separate from the airbag module.”

What does this mean for drivers? In short, if you are involved in a motor vehicle collision and you are driving a car with one of the defective air bags, your air bags may not function properly. Air bags are designed to reduce the rate of and the severity of injuries in the event of a crash. If the air bags are not functioning properly, the driver may not benefit from these devices that can be life-saving.

Identifying Affected Makes and Models

Which vehicles are impacted? Thus fair, only Ford has issued recalls for Takata air bags that do not properly inflate. Currently, Ford has recalled around 32,000 vehicles in North America, including the following models:

• 2016-2017 Ford Edge;
• 2016-2017 Lincoln MKX; and
• 2017 Lincoln Continental.

All of the vehicles affected by the recall were manufactured between November 11, 2014 and February 15, 2017. At the time of the recall, the 2017 Lincoln Continental had only recently gone on sale to consumers. To be clear, this recent defect and recall is not related in any way to the previous Takata air bag defect.

What should you do if you own one of the affected models? As with other motor vehicle recalls, it is important to take your vehicle to your local dealership for a repair. The article reports that the air bag module will be replaced in affected vehicles. While Ford is required to notify anyone who owns one of the models containing recalled air bags, you can also contact the company or your local dealership yourself. According to CNET.com, “Ford did not supply a timetable for this recall, but one can reasonably expect the notifications to be sent out in the near future.”

Contact a San Diego Product Liability Lawyer

If you sustained injuries caused by a defective automotive part, you may be eligible to file a claim for compensation. You should discuss your case with a product liability lawyer in San Diego as soon as possible. Contact the Walton Law Firm to learn more about filing a lawsuit.

See Related Blog Posts: Dangerous Toys to Watch Out for in San Diego County Injuries Caused by Exploding E-Cigarettes

(image courtesy of Kalu Ci)

When we are on neighborhood roads or highways in Southern California, should we be concerned about the risk of a car accident caused by road debris? Most of us are typically on the lookout for other drivers who are not obeying the rules of the road or distracted pedestrians who might inadvertently step into traffic, but according to a recent report from CBS News, dangerous road debris causes far more car crashes than you might expect. Between 2011 and 2014, more than 200,000 collisions have been attributed to debris already in the road or to debris falling from unsecured truck loads. What else should you know about crashes caused by debris, and what can you do to prevent them?

AAA Study Highlights Severity of Crashes Caused by Debris and Unsecured Loads

The CBS News report cites a recent study conducted by the AAA Foundation for Traffic Safety, which determined that approximately 39,000 injuries and 500 deaths on the road between 2011 and 2014 resulted from debris. According to Tamra Johnson, a spokesperson for the AAA Foundation, “the really troublesome thing about all this is a majority of these crashes are preventable, if drivers would just take the necessary precautions to secure their load or maintain their vehicle properly.”

The AAA Foundation describes these accidents as vehicle-related road debris (VRRD) crashes, and it indicates that around 25,000 VRRD crashes occur in North America every year. Of those accidents, anywhere from 80-90 deaths occur. Peter Kissinger, the President and CEO of the AAA Foundation, explains that VRRD crashes “are generally less severe than other crashes,” yet “individual incidents can be catastrophic.”

While it might not sound like a major ordeal to swerve to avoid a piece of debris in the road, such incidents frequently lead to severe and fatal collisions. The CBS News report cites a recent incident in which a West Coast driver swerved to get out of the way of a metal shelf that flew out of the back of a pickup truck on the highway. In attempting to avoid the metal shelf, the driver crashed into another vehicle and lost his life. According to the report, that is how about 37% of VRRD accident deaths occur. Most often, fatal VRRD crashes happen “on a freeway in the middle of the day.”

Preventing Vehicle-Related Debris Accidents in San Diego

What can we do in San Diego to prevent accidents caused by road debris? The most important thing is for drivers carrying loads in pickup trucks or other vehicles to ensure that their loads are properly secured. Even if you think a single strap will hold down the load you are carrying, use additional devices to ensure that anything in the bed of your truck will not cause a serious or fatal accident on the highway. As the CBS News report suggests, “if you wouldn’t want your family driving behind what you’re hauling, it’s a good sign it’s probably not safe.”

If you or a loved one sustained injuries in a traffic collision caused by another driver’s negligence, you should consider filing a claim for compensation. An experienced car accident attorney in San Diego can help. Contact the Walton Law Firm today to learn more about our services.

See Related Blog Posts: Avoiding Pokemon GO Accidents and Injuries Using Crash-Test Dummies to Make Uber Riding Safer

(image courtesy of Dodgerton Skillhause)

How often do serious and fatal injuries happen at large resorts? When a vacationer does get hurt, can he or she hold the hotel or the resort responsible? These types of claims fall under an area of personal injury law known as premises liability. In short, premises liability law holds that property owners—including resort and hotel owners—have a duty to keep a property free of hazards and to warn guests about serious dangers on the property. Why is this an important topic to discuss now?

Given that it is summertime, many families are planning vacations to resorts and hotels across the country. But more salient, perhaps, is the recent death of a toddler at the Walt Disney Resort, according to a report in The Washington Post. The child’s death may have happened in Florida, but it should alert parents in California and across the country to potential hidden dangers on family vacations and to the consequences of hotel negligence.

Child Killed by Alligator at Disney Property

As the article explains, a 2-year-old boy was wading near the edge of a man-made lake at Disney’s Grand Floridian Resort and Spa property when he was attacked and killed by an alligator. At the time of the animal attack near the hotel, Disney had not placed any signs warning guests about alligators. There was a sign that told guests not to go swimming in the lagoon, yet Disney has reacted to the child’s death by installing signs about alligators and snakes throughout the resort area.

As the Washington Post article clarifies, “the absence of signage warning of the threat of alligators at the beachfront” could result in Disney being held liable for the child’s fatal injuries. Although the threat of alligators in nearly any body of water in Florida is well-known to residents and often is emphasized to visitors, experts believe that Disney had a duty to warn its guests about the potential for an alligator attack near the man-made lake area. While “most Floridians know that alligators live in nearly every freshwater body in the state . . . it would be reasonable to argue that vacationers coming from somewhere like Nebraska wouldn’t share the same knowledge.”

Disney has responded by installing warning signs across the hotel property and throughout the resort area. According to Jacquee Wahler, a spokesperson for Disney, “we are installing signage and temporary barriers at our resort beach locations and are working on permanent, long-term solutions at our beaches.” Wahler underscores that Disney plans to “continue to evaluate processes and procedures for our entire property.” What do the new signs say?

DANGER! ALLIGATORS AND SNAKES IN AREA. STAY AWAY FROM THE WATER. DO NOT FEED THE WILDLIFE.

Determining Liability in an Animal Attack at a Hotel

Did Disney have a duty to warn its hotel guests about the possibility of an alligator attack in the event that those guests ventured near the man-made lake? As the California jury instructions for a premises liability claim make clear, a hotel owner may be liable if she or he was negligent in exercising a basic duty of care. What does the basic duty of care require? As the jury instructions explain, “a person who owns/leases/occupies/controls a property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition.” To keep a property in reasonably safe condition, the law requires that person to “use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others.”

If the Disney attack had occurred in California, the toddler’s family might be able to make a convincing argument that, even if Disney did not specifically know about an alligator in the lagoon, it should have given hotel guests adequate warning about the possibility of an animal attack given the prevalence of alligators in Florida’s freshwater areas.

If you or someone you love recently sustained injuries at a hotel or at a resort, you may be able to file a premises liability lawsuit. An experienced hotel injury attorney can discuss your options with you. Contact the Walton Law Firm today for more information.

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Southern California law firms Berman & Riedel and Walton Law Firm recently settled an $8 million case on behalf of ride operator who suffered a traumatic brain injury while operating a ride at the San Diego County Fair. A ride passenger was also injured the accident.

Just yesterday, a 31-year-old woman name Sabrina Gordon died at the San Bernardino County Fair in Victorville while attempting to participate in a new attraction called FreeDrop USA. According to reports, the ride required individuals to climb up on a platform and jump into a large airbag. No ropes or harnesses are used.

According to witnesses, Ms. Gordon, a navy veteran, was planning on jumping from 28 feet high when she suddenly fell to the ground.

Ms. Gordon’s father Lyle Bell told ABC7 News, “You get professional stunt people that do these things. You don’t have ‘Joe Blow’ off the street for $15 jump out of a tower on an airbag. They’re letting people do this down there,” Bell said. “It’s their first year there, and sure enough, somebody gets killed, my daughter.”

Sheriff’s and OSHA are investigating the death, and the ride has been shut down indefinitely. The ride was operated by FD Event Co. LLC.

Walton Law Firm represents individual and families throughout Southern California in a variety of injury and death related cases, including cases of amusement park ride injuries at commercial parks and county fairs. For a free consultation about a case of any kind, please call (760) 571-5500.

Were you been seriou

sly injured in a car accident caused by a defective automobile product? It is important to know that you can file a lawsuit to hold the manufacturer liable for your injuries. Contact an experienced San Diego product liability lawyer today to find out more about how we can assist with your case.

Airbags Can Release Metal Shrapnel, Resulting in Fatal Injuries

The defective airbags involved in the urgent recalls involve at least seven different automakers. Indeed, Takata, the Japanese automobile parts manufacturer, provides airbags for many different types of cars, trucks, and SUVs. Back in October, the U.S. government issued “an immediate recall” for nearly 5 million vehicles that were installed with defective airbags. The airbags, in case you have not read about the serious dangers they can pose, “have released metal shrapnel during crashes that has led to the deaths of at least four people.”

Since the federal recall, the consumer website providing information about the vehicle identification numbers (VINs) of those cars implicated has not been working properly. As such, it is important to check your VIN directly to see if your automobile’s airbags could be defective. By early November, the numbers for potentially affected vehicles caught up in this recall looked like this:

• 778,177 Toyota vehicles;
• 2,803,214 Honda vehicles;
• 437,712 Nissan vehicles;
• 18,050 Mazda vehicles;
• 573,935 BMW vehicles;
• 133,221 General Motors vehicles.

As you can see, millions of American drivers are at risk of a serious or fatal injury resulting from the defective Takata airbags. And those numbers continue to grow.

Recall Numbers Grow, More Automakers and Models Implicated

By mid-November, the Takata airbag recall expanded to include more Honda vehicles. According to a report in Autoblog, investigators discovered that a pregnant woman in Malaysia suffered fatal injuries in a car accident when the airbag inflator ruptured. This victim’s case was the first to be reported outside the U.S., and it resulted in the additional recall of about 170,000 Honda vehicles in Europe and Asia. With these additional recalls, the total number of potentially affected vehicles grew to more than 14 million.

Meanwhile, vehicles manufactured by Ford Motor Co. were also added to the list. A report from Automotive News indicated that Ford pickup trucks across the country may have defective Takata Corp. airbags installed in them. The recent death in Malaysia actually alerted the automaker and manufacturer to a previously unknown defect in the airbags. As such, Ford will be adding its 2004 and 2005 model year trucks to the list of Takata recalls, and it will replace both the passenger airbags and the driver’s-side airbags.

If you or a loved one sustained severe or fatal injuries in an accident caused by a defective product, you deserve to be compensated. You may be able to file a wrongful death lawsuit and should contact a San Diego defective product attorney to discuss your case.

Image Credit: DodgertonSkillhause via morgueFile See Related Blog Posts: Do Product Recalls Prevent Consumer Injury? More GM Recalls Amidst Release of Defect Report

ke their eyes off the road or experience distractions, serious and fatal accidents can occur. Indeed, according to a recent report from NBC San Diego, a woman suffered fatal injuries after she was struck by an automobile while unloading her car “along a busy La Jolla street.” The pedestrian accident occurred in the late morning on Girard Avenue, just across the street from Nosh Delicatessen and Orange Theory Fitness, the article reported.

Elderly Driver Strikes Victim

How did the accident happen? According to reports, the victim, a 45-year-old woman who was a resident of La Jolla, was pinned between her own parked car and the vehicle of the elderly driver who caused the collision. The driver, a 91-year-old, “backed out of a nearby parking spot on the west side of the street, crossed into the other side, and rammed into the woman,” according to San Diego Police Department Sergeant Joe A. Benavidas.

Benavidas emphasized that the 91-year-old driver stayed at the scene after the collision to answer questions from the police. While the accident remains under investigation, the San Diego Police Department believes that “speed likely played a factor.”

This part of Girard Avenue—around the 7700 block—is particularly busy. According to residents of the area, the street often produces “a difficult dance in the afternoons between shoppers and heavy traffic.” One resident, Justin Rowley, told NBC San Diego that the intersection of Silverado and Girard, near to the victim’s fatal accident, “is always busy with foot traffic and cars.” As such, if you are a pedestrian, “you always have to watch what you are doing when you are walking across the street.”

Filing a Wrongful Death Claim in California

When you lose a loved one due to the negligence or wrongful act of another person, you may be eligible to file a wrongful death lawsuit. What is a wrongful death claim? It is a civil lawsuit that is brought by the survivors of a person who sustained fatal injuries because of another person’s negligence or bad behavior.

A wrongful death claim is a lot like a personal injury lawsuit in that it allows for recovery of damages following a serious accident and injury. Here is another way to think about it: if the deceased person had lived, she or he would have been able to file a wrongful death claim to seek compensation for injuries. Since the deceased died as a result of those injuries, the survivors can step in and file a wrongful death claim on behalf of the deceased person.

California law specifies that only certain people are eligible to file a wrongful death claim. Typically, the following people are the ones to bring a lawsuit for another person’s wrongful death:

• Surviving spouse;
• Surviving children;
• Surviving domestic partner.

If the deceased person does not have a surviving spouse, domestic partner, or children, then the following people are the likely ones to file a wrongful death claim:

• Surviving parents of the deceased;
• Surviving siblings;
• Children of deceased siblings;
• Surviving grandparents;
• Persons who financially depended upon the deceased person.

Pedestrians who sustain severe and life-threatening injuries in traffic collisions may be eligible for compensation. If you have lost a loved one in a dangerous pedestrian accident, you should speak to an experienced San Diego injury lawyer about filing a wrongful death claim.

Photo Credit: xandert via morgueFile See Related Blog Posts: Fatal Nighttime Diving Accidents Patients at Risk of Injury in Smaller Military Hospitals

Deadly Diving Accident Near Catalina

According to a recent article in CBS’s KUTV2, a vacationing physician was recently identified as the victim of a deadly diving accident off the coast of Orange County. The victim, Jared Royer, 40, was on a lobster-diving vacation with a group of other physicians. Royer’s brother-in-law indicated that it was an annual trip, and Royer “was an experienced diver who had been on several similar trips with his colleagues in previous years,” according to a report in The Spectrum. The group was diving in Emerald Bay late in the evening, and around 11p.m., the other physicians noticed that Royer had not returned to the boat.

Royer was an anesthesiologist, and he worked in the operating room and birthing center at a Southern Utah hospital. In addition to his work and prior diving experience, he was an “accomplished triathlete” who had also run the Boston Marathon.

What happened off the coast of Orange County, then? While autopsy results are pending, early indications suggest that Royer “may have run out of air and made a rapid ascent.” The accident happened on the third day of Royer’s dive, and according to the other physicians in the group, he was in about 110 feet of water at the time of the incident.

Royer made it to the surface and called for help, but the other divers could not locate him afterward. After nearly 70 hours in which search and rescue officials from Los Angeles County attempted to locate him, including the Los Angeles County Fire Department dive team, divers from the Los Angeles County Sheriff’s Office, and the U.S. Coast Guard, Royer’s body was found nearly 100 feet underwater at around 11:30a.m.

Diving Accident Trend in Southern California

Since lobster season began on September 27th, Southern California has experienced a striking number of diving-related deaths. While diving fatalities are more common among inexperienced divers or those with existing medical conditions, these dangerous accidents can happen to anyone.

As of October 2nd, five deaths were already been reported, according to Fox 5 San Diego. Four of those deaths occurred at night during lobster-diving excursions, and one of the deaths resulted from a diver’s medical complications. Royer was the fifth fatality reported in just about a week’s time.

What are the primary causes of diving fatalities? According to statistics from the Diver’s Alert Network (DAN), the following represent the top three causes of death resulting from diving accidents:

• A pre-existing medical condition in the diver (such as a disease or other pathology);
• Poor buoyancy control;
• Rapid ascent or violent movement in the water.

While the overall risk of death during scuba diving is low (only 1 in every 211,000 divers suffers a fatal injury, according to the DAN), nighttime diving in Southern California can prove deadly. If you lost a loved one in a diving accident, do not hesitate to contact an experienced San Diego wrongful death lawyer. You may qualify for compensation.

Photo Credit: heirbornstud via morgueFile See Related Blog Posts: Boating Race Accident Fatality Six Children Suffer Near-Drowning Accidents Over a Two-Day Span

Small and Underused Military Hospitals

According to a recent article in the New York Times, military hospitals that care for about 1.35 million active-duty service members and their families show “signals of failing in a system” of care. What is wrong with these hospitals? Investigators for the New York Times identified two major issues.

The first issue was size. The hospitals are so small, and so few patients use them, that “it compromises the ability of doctors and nurses to capably diagnose and treat serious illnesses.”

The second issue was underuse. About two-thirds of military hospitals served only 30 patients or fewer per day in 2013, and many served 10 or fewer patients each day. To put this number in perspective, the highest number of inpatients is still “less than a third as many as the typical civilian hospital. That means about half the beds in these military hospitals remain vacant on a daily basis.

According to Dr. Lucian L. Leape, a patient safety expert at the Harvard School of Public Health, these hospitals “should be outlawed.” The Pentagon is planning to scale back on the military hospital system, thus encouraging patients who would otherwise enter the doors for surgery or treatment for a serious illness to visit a civilian hospital instead. What will happen to the hospitals? Many will be converted into outpatient clinics or birthing centers.

Medical Errors and High Rates of Patient Injury

The New York Times report emphasizes the serious problems these hospitals experience in relation to maternity patients and birth injuries or birth defects. The following birth injuries occur with much more frequently at military hospitals:

• Trauma to the infant during birth: 95 percent higher risk at a military hospital than a civilian hospital;
• Postpartum hemorrhage: 43 percent higher risk, on average, at a military hospital;
• Shoulder dystocia and resulting harm in the infant: 40 percent high risk on average;
• Maternal trauma with instruments: 22 percent higher risk at a military hospital than at a civilian hospital.

Birth-related injuries are not the only ones that patients are at risk for at military hospitals. The article also demonstrates higher rates of injury during even routine surgeries, such one to correct a hiatal hernia. Although more than 25,000 Americans undergo this surgery each year, one patient at military hospitals lost her stomach as a result of a medical error. Another example involves the six-year-old son of a Navy officer who suffered fatal injuries after receiving improper treatment at a California military hospital.

Some commentators suggest these high rates of injury are caused by a lack of training for young doctors at these facilities. Other suggest that limited financial resources are to blame.

If you or a loved one suffered personal injuries because of a medical professional’s negligence, it is important to talk with an experienced San Diego medical malpractice lawyer. Given the recent focus on raising the damages cap, you may be eligible to receive substantial compensation for your injuries.

Photo Credit: taliesin via morgueFile See Related Blog Posts: Medical Error Prevention and Medical Malpractice Legislation San Diego Medical Malpractice and NFL Drug Abuse Claims

According to Oseana Bratton, a nurse at Rady Children’s Hospital, “six cases of young children nearly drowning in a 48-hour period may seem like a lot, but it’s not that uncommon this time of year, and there’s plenty more hot weather ahead.” Are parents and caregivers keeping an appropriately watchful eye?

One-year-old Gabriel Clark, his four-year-old sister, and the children’s nanny were swimming in a neighbor’s pool in Oceanside. According to the article, “it was just another day for his parents, both of them at work, until his mom Karen got a heart-stopping text.” The nanny texted Gabriel’s mother with a “terrifying text” that simply said “please call me.” The nanny had placed Gabriel in a flotation device—“the kind where his feet were in the water.” Karen told San Diego News 6 that the nanny reportedly “turned away for just a few seconds to help four-year-old Mia jump into the pool.”

In the brief moment during which the nanny turned her attention away from young Gabriel, he “had just tried to get out, so he wasn’t totally out, but his head was submerged,” according to the victim’s mother. When the nanny removed Gabriel from the water, “he was blue and not breathing.” The nanny performed CPR on Gabriel. When emergency medical responders arrived, Gabriel was breathing on his own again.

Though Gabriel was okay in the end, secondary drowning can be a serious—and often deadly—result of a near-drowning. As a precaution, Gabriel stayed in the pediatric intensive care unit at Rady Children’s Hospital overnight.

Unintentional Drownings: Keeping Kids Safe

According to the Centers for Disease Control and Prevention (CDC), approximately ten people suffer fatal drowning injuries each day in the U.S. About 20 percent of those victims are kids under the age of 15. The CDC emphasizes that drowning is the fifth-leading cause of unintentional injury death in our country. Those figures do not include people who die in boating-related accidents.

To prevent unintentional drownings, it is important to know the risk factors:

• Males are much more likely than females to die from drowning. In fact, about 80 percent of fatal drowning victims are males.
• Children between the ages of one and four years old are at greatest risk of drowning. About one-third of accident related fatalities of children in that age group are caused by drowning.

According to the CDC, important prevention measures include the following:

• Learn to swim, or ensure that your children have swimming skills before you go near or into the water;
• Learn CPR;
• Wear a lifejacket or other flotation device;
• Always make sure children are supervised when they are in the water or around water;
• Teach children to use the buddy system when in the pool or at the beach;
• Always avoid drinking alcohol before swimming.

If your child died in a drowning accident, it is important to talk to an experienced San Diego wrongful death attorney. Contact the Walton Law Firm to learn how we can assist you.

Photo Credit: taylorschlades via morgueFile See Related Blog Posts: Child Drowning Accident in San Diego Child Pool Drowning Figures Released by Consumer Product Safety Commission

Train accidents can be very serious and often are life-threatening. It’s very important to take steps to ensure your own safety, and that of others, when you’re walking near train tracks. If you or a loved one has been injured or killed in a dangerous transit accident, it’s important to speak with an experienced personal injury lawyer. In some cases, the train conductor or the train company may have been negligent. Contact the Walton Law Firm today to discuss your case. You may be able to file a wrongful death claim.

Details of the Train Accident

On the Friday night of a Sadie Hawkins dance, Moore and Friend were walking southbound on the train tracks, which, according to KCRA-TV, was the same direction in which a Union Pacific freight train was traveling. Witnesses at the scene indicated that the train engineer blew the horn and even activated the emergency brakes, “but the two kids didn’t move out of the way in time.”

Based on witness reports, Moore pushed Friend out of the way of the oncoming train, saving her life, according to an article in the New York Daily News. Sean Stark, one of the witnesses, told the newspaper that “the engineer was on the horn when finally, they both looked back at the same time.” According to Stark, “they would have both been underneath that train if he didn’t push her out of the way at the last second.”

The accident occurred close to the high school and nearby to a crowded little league park in Marysville. Witnesses rushed to the scene of the accident to try to save the two teenagers. Moore died at the scene, and Friend was airlifted to Sutter Roseville Medical Center.

Authorities currently are investigating the accident, and are “looking into whether the pair was distracted by headphones or something else with the accident occurred.” A spokesperson for Union Pacific indicated that it “takes more than a mile for a train to stop,” explaining why the emergency brakes couldn’t halt the train before it crashed into the teenagers.

Train and Transit Safety

How can you stay safe around trains and tracks? According to the Rail Safety Education network, there are some important tips to remember when you’re a passenger on a light rail or commuter train, as well as when you’re walking or driving near train tracks. These safety tips include:

· Keeping alert: it’s important to remember that trains can come from both directions of a track, and in many cases, they’re quite quiet.

· Obeying warning signs: since passerby often don’t hear trains coming, it’s especially important to abide the warning signs and signals, and to be especially careful if you’re wearing headphones or talking on a cell phone.

· Watching out for the overhang: since trains are wider than train tracks, it’s very dangerous to sit on the edge of a platform at the station.

· Watching your step: when you get on or off a train, there’s often a gap that can lead to a fall.

· Only crossing the tracks where it’s legal: directional signs and safety warnings are in place for a reason—if you cross the tracks or walk along the tracks in any place except a designated crossing zone, you could be risking your life.

If your loved one has been injured or killed in an accident or has sustained a catastrophic injury, a San Diego accident lawyer can talk with you today about your case.

See Related Blog Posts:

Rail Safety Campaign Launches in California

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