Texting While Driving is Unlawful and Negligent

First, you should know that any driver who causes a collision by texting while driving has broken the law by texting while driving and has behaved in a negligent manner for which they can be liable in a civil lawsuit. Under California law, texting while driving is unlawful, and it is a primary violation for which a motorist can be stopped and fined. Making the decision to text while driving is also negligent for purposes of a civil lawsuit — texting while driving is not what a reasonable person would do and is not what a reasonable person would consider to be reasonably safe under the circumstances.

Texting While Driving is a Form of Distracted Driving

Whether a driver simply looks away from the road for a few seconds to read a text or takes their hands and eyes off the road for many seconds to compose a text message, texting while driving is a form of distracted driving. Even taking your eyes off the road for a second or two can result in a devastating crash.

Gathering Evidence for Texting While Driving May Be Easier Than You Think

While some forms of distracted driving may be more difficult to prove than others, it might actually be easier than you think to gather clear evidence that another motorist was texting while driving in the moments before the crash in which you were injured. Cell phone data, as well as witness statements, can be extremely useful.

Texting While Driving is a Leading Cause of Crashes in California

Anyone who was injured in a crash caused by a driver who was texting or talking on a handheld phone while driving should know that they are not alone, and many Californians have been injured in these types of crashes and have sought compensation. According to the California Highway Patrol, using a handheld phone for texting or talking increases the risk of a crash by 400 percent. It is important to hold these drivers accountable in order to obtain compensation for losses and to prevent future collisions.

Contact an Encinitas Car Accident Lawyer Today for Assistance

If you were injured in a car accident caused by a distracted driver, it is important to seek legal help. You may be able to seek compensation by filing an insurance claim or a civil lawsuit against the distracted driver. One of our experienced Encinitas car accident attorneys can speak with you today about your case and your options for moving forward with a claim. Contact the Walton Law Firm for answers to your questions and more information about how we can assist you.

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What should you know about preschool injuries, prevention, and liability? Our San Marcos personal injury lawyers are here to help, and we can provide you with more information.

Common Causes of Preschool Injuries

Preschool injuries can happen in many different ways, from slips and falls while on playgrounds to accidents involving choking or poisoning. The CDC cites many different types of child injuries that occur in preschool settings, including but not limited to the following:

• Falls that result in broken bones, concussions, and contusions, including slips and falls while running or falls on playgrounds;
• Cuts and lacerations while doing creative activities or crafts;
• Pedestrian accidents, including collisions with automobiles, especially on preschool field trips;
• Choking accidents during mealtimes or when preschool children put objects in or near their mouths;
• Accidental poisonings that occur when preschool children consume hazardous substances or otherwise encounter hazardous substances;
• Burns caused by encounters with hot surfaces or electrical lines, including electrical outlets;
• Medication-related injuries due to mistakes in administering medicines that preschool children require; and/or
• Contusions, cuts, and related injuries caused by aggressive encounters between children.

Planning for Injuries to Prevent Future Harm

When injuries happen in preschools, the preschool and/or one of the instructores can be liable. Preschools and other ECE providers have a duty to ensure that the facilities are safe for children and to ensure that they are properly monitored in order to prevent injuries.

According to a report from the UCSF California Childcare Health Program, one of the best ways to prevent injuries is to, in effect, plan for them ahead of time and eliminate conditions that are likely to result in child injuries. In order to do this effectively, ECE providers should keep detailed notes of every child injury that occurs and requires attention, even injuries as minor as those requiring “a bandage or a cold compress.” Then, the ECE provider and its employees can identify child injury patterns and take steps to remedy them before others occur.

Contact a San Marcos Personal Injury Attorney Today

Nobody wants to think about the risks of preschool injuries when they drop their children off in the morning before heading to work, yet preschool injuries are somewhat common. Although many child injuries that occur in preschool and daycare settings are relatively minor and heal with limited medical attention, some of these injuries are severe and can result in lifelong consequences. If your child was injured at a preschool in San Marcos or elsewhere in Southern California, it is important to seek advice from one of our experienced San Marcos personal injury lawyers. Contact the Walton Law Firm to learn more about your options for holding a preschool accountable and seeking compensation to help with your child’s care and rehabilitation.

See Related Blog Posts: Child Pedestrian Injuries in Poway How to Prevent San Clemente Daycare Accidents and Child Injuries

Common Holiday Injuries

Many different types of injuries can occur during the holiday season, but most of them are preventable. When an injury does occur, however, another party may be liable due to negligence or as a result of a product defect. What are some of the most common types of holiday injuries? UCLA Health identifies the following as the most frequently reported injuries during the holiday season:

• Falls from heights, usually due to climbing on ladders to hang decorations, and these injuries commonly result in bone fractures, concussions and other traumatic brain injuries (TBIs), and pulled muscles, according to UCLA;
• Injuries caused by toys, typically impacting kids aged 14 and younger, and these injuries usually result from defects (design defects and manufacturing defects, as well as marketing defects that result in children or parents not realizing the potential hazards associated with some toys);
• Burn injuries caused by cooking and baking accidents, electrical problems due to overloaded outlets, and Christmas tree fires;
• Lifting injuries from carrying packages, boxes, groceries, and more (and can result in strains);
• Motor vehicle crash injuries, typically caused by negligent drivers, including TBIs, bone fractures, organ damage, traumatic amputations, and other severe injuries;
• Laceration injuries resulting from using scissors, knives, and saws; and
• Food poisoning injuries resulting from improper food handling and food storage.

Determining Liability for Holiday Injuries

In order to file a claim for a holiday injury, it will be critical to work with an experienced injury attorney to determine who is liable. Liability is usually based on the type of injury and the circumstances surrounding the injury. Sometimes, more than one party may be liable. Examples of parties who could be liable for a holiday injury include but are not limited to:

• Negligent motor vehicle drivers;
• Product makers; and
• Negligent property owners.

Filing a Lawsuit Before the Clock Runs Out

To be eligible to file a lawsuit for compensation, you will need to file a claim before the clock on the statute of limitations runs out. Under California law, most holiday injuries will have a two-year statute of limitations. Accordingly, whether you were injured during last year’s holiday season or you suffered an injury this year, you may still be able to file a lawsuit. You should get in touch with an injury attorney as soon as possible to get started on your case.

Contact a Personal Injury Lawyer in Valley Center

Injuries during the holiday season are devastating, but it may be possible to file a claim with help from an experienced Valley Center personal injury lawyer. Contact the Walton Law Firm today for more information about how we can assist you.

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While many Californians and visitors to the state have been reading about potential e-bike dangers for a few years now, are e-bikes actually much more dangerous than we thought? According to an article in Fortune, trauma specialists are concerned that “we’re on the front edge of a new order of danger on both bike paths and roadways.” What do you need to know about recent assessments of e-bike safety risks? Our San Marcos injury attorneys can say more.

E-Bike Injuries Increase Alongside Rise in Sales

Data from the Consumer Product Safety Commission (CPSC) suggests that e-bike sales rose significantly between 2017 and 2021, and it is likely that the pattern has continued from 2021 through 2023. As sales numbers have increased, so have injury reports, according to Fortune. Indeed, trauma specialists report that they are seeing more patients with significant accident-related injuries, and some of them may not even be accurately reported as e-bike injuries. Accordingly, the injury rates could be even worse than the numbers recorded. In 2021 alone, US sales of e-bikes reached about 900,000, which is “a near doubling of sales from just one year earlier.”

What are those recorded numbers? Between 2017 and 2021, the National Transportation Safety Board (NTSB) identified 53 deaths from e-bike accidents and hundreds more nonfatal injuries. Anecdotally, motorists report collisions or near-collisions with speeding e-bikes, and e-bike riders show up in emergency departments with traumatic brain injuries (TBIs), severe fractures to arms and legs, spinal injuries, and serious road rash. As the article suggests, the “statistics will likely continue to balloon” concerning e-bike sales and accompanying injuries.

Liability for E-Bike Accidents

After an e-bike accident, it is essential to find out about liability. In other words, who is responsible for injuries in an e-bike accident? The answer to that question will depend upon the circumstances of the accident.

In many cases, speeding is a primary cause of e-bike collisions with motor vehicles. According to Fortune, e-bike riders can ride through intersections at speeds that they would be unlikely to “ever reach on a conventional bicycle.” Yet motorists also play a role in these crashes as a result of distracted driving, as well as aggressive driving and intoxicated driving. The best way to determine liability after an e-bike accident and to seek compensation is to have an attorney evaluate your case.

Contact a San Marcos E-Bike Accident and Injury Lawyer Today

California has become a hot spot for e-bikes, and residents and visitors to the state alike are buying and renting e-bikes for transportation and recreation. Yet, as the facts in the Fortune article underscore, e-bikes can be extremely dangerous and are frequently involved in severe and fatal accidents. If you or someone you love suffered a serious injury in an e-bike accident, you should discuss your options with a San Marcos personal injury lawyer as soon as you can. Contact the Walton Law Firm to learn more about how we can assist you.

See Related Blog Posts: E-Bike Accidents in Encinitas: What You Should Know Liability for a Vista Bike Accident

Drowning: What is it and How Does it Happen?

According to the Centers for Disease Control and Prevention (CDC), drowning is “the process of experiencing respiratory impairment from submersion or immersion in liquid.” It can be nonfatal or fatal. The CDC reports that for children aged 1 to 4, drowning is the leading cause of death, and it is the second-leading cause of death among children aged 5 to 14. Drowning can also occur in adult swimmers, even those with experience, due to dangerous tides, intoxication, and other injuries in the water.

Dry Drowning or Secondary Drowning

Dry drowning is extremely rare, according to WebMD, and only makes up about 1% to 2% of drowning cases. However, it is also extremely serious. It refers to a nonfatal drowning complication where fluid can build up, and 24 hours after a drowning incident, a person might be unable to breathe. Dry drowning can be fatal.

Liability for Drowning and Dry Drowning Incidents in Southern California

Who might be responsible for a drowning or dry drowning injury or death in Southern California? It will depend upon the circumstances of the incident. In some cases, the owner of the premises where the accident occurred could be liable. Under other circumstances, the drowning or dry drowning might have occurred because of a defect in a pool or hot tub, and the designer, manufacturer, or retailer could be liable. Sometimes a lifeguard fails to perform their duty due to negligence, and the lifeguard or the lifeguard’s employer could be potentially liable. And in some cases, multiple parties could be at fault. Some examples include:

• Residential pool or hot tub owner;
• Hotel or motel owner;
• Designer, manufacturer, or retailer of a pool or hot tub;
• Lifeguard; or
• Employer of a lifeguard.

To hold one of these parties or another party accountable, the California statute of limitations usually requires you to file a lawsuit within two years from the date of the drowning incident. However, in some cases — such as drownings that occur on public property — you must meet a shorter timeline of either six months or one year.

Contact a Carlsbad Personal Injury Lawyer Today

If you or your child suffered serious harm, or if you lost someone you love in a drowning or dry drowning accident, you could be eligible to file a claim. Depending upon where the incident occurred and how it happened, various parties could be liable. You may be able to hold one or more parties accountable by filing a personal injury lawsuit. Contact the Walton Law Firm today for us to assess your case and discuss your options for seeking financial compensation.

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When can you potentially hold a third party liable for sexual assault in Oceanside or another part of Southern California? It will depend on the circumstances, but our San Diego County injury lawyers can provide more information.

Hotel/Motel, Night Club, and Retail Store Owner Liability for Sexual Assault

Some of the most common circumstances under which a third party can be held liable for a sexual assault are those in which a property owner’s negligence played a role in allowing a sexual assault to occur (or in making it easier for the perpetrator to commit the sexual assault). Most often, this type of third-party liability arises when a sexual assault takes place at a hotel or motel, at a nightclub or bar, or in the parking lot of a retail store.

How are owners liable for sexual assaults in these types of situations? Often liability exists because the owner failed to properly secure a door lock or window (at a hotel or motel, for example), failed to repair broken lighting (at a hotel or motel, or in the parking lot of a retail store where assaults have occurred), or failed to hire security (at a night club or bar where sexual assaults have taken place, for instance). Even if the property owner did not know that the assault was going to occur and had no part in it, they can still be liable due to their negligence.

Liability for Sexual Assaults in Schools, Organized Sports, Churches, and Other Venues

At schools, in organized sports (both inside and outside school settings), at churches, and in other similar venues, administrators, coaches, and others in positions of authority can be liable when a sexual assault is perpetrated by an employee or when someone in a position of authority learns about an alleged assault and fails to take any action in response to the report. In some cases, the person in a position of authority may be liable in addition to the school, gym, church, or other institution.

Workplace Sexual Assaults and Liability

Employers in California have duties to respond to and prevent sexual assault and sexual harassment in the workplace under California law. When they fail to do so, they may be civilly liable if a sexual assault does occur.

Contact an Oceanside Injury Attorney

If you were injured in a sexual assault, you should talk with an injury attorney in Oceanside about the possibility of filing a third-party lawsuit against a negligent party. Contact the Walton Law Firm to learn more.

See Related Blog Posts: Hotel Negligence and Assaults in Vista: Five Things to Know Hotel Safety and Liability in Encinitas

As you can see, AAA takes the idea of intoxicated driving — a behavior that everyone knows can often be deadly — and uses similar language to describe texting while driving. What do you need to know about intexticated driving and seeking compensation after a crash?

What is “Intexticated” Driving?

Maybe you have not yet heard about “intexticated” driving, but you have likely heard of intoxicated driving. As AAA emphasizes, referring to the act of texting while driving as “intexticated” driving helps to underscore that certain forms of distracted driving can be just as dangerous and deadly as drunk or drugged driving. Indeed, as AAA points out, “handheld or hands-free device use delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of .08%.”

The only way to avoid an “intexticated” driving crash is to avoid using your phone — in a handheld or hands-free manner — while you are behind the wheel. If you consider reaching for your phone, consider whether you would also be willing to take a chance of driving after having too much to drink. While many motorists also admit to intoxicated driving (even if they have not been cited), far fewer drivers are willing to drink and drive than to text and drive.

Learning More About Distracted Driving Collisions

Distracted driving is a serious problem in California and throughout the country. As the Centers for Disease Control and Prevention (CDC) clarifies, distractions can take three different forms: visual distraction, manual distraction, and cognitive distraction. When it comes to texting while driving, a motorist often experiences all three types of dangerous distractions.

The CDC reports that more than 3,000 people are killed and approximately 424,000 injured in distracted driving crashes. If you got hurt in a crash that you believe resulted from distracted driving, it will be essential to gather evidence that proves the driver was texting while driving (or engaged in another type of distraction) at the time of the accident.

Contact an Escondido Car Accident Attorney for Assistance

Were you recently injured in Escondido or elsewhere in Southern California by a distracted driver? It is important to know that you could be eligible to file a claim for financial compensation. It is important to get in touch with an Escondido car accident attorney who can help you to determine liability in the case and to begin gathering evidence that proves the at-fault driver was texting while driving when they caused the crash. Contact the Walton Law Firm to begin working on your claim with our Southern California injury attorneys.

See Related Blog Posts: How Can I Prove Drowsy Driving in San Clemente? Common Causes of School Bus Accidents in Vista

Wide Range of Accidents and Injuries Occur During the Holidays

A wide range of accidents and injuries result from holiday activities and excursions. According to the Electrical Safety Foundation International (ESFI), nearly 6,000 people require treatment in emergency departments each year for injuries resulting from falls while hanging holiday decorations. That number rises when you take into account holiday travel and motor vehicle collisions, home fires and burn injuries, and product defect injuries. The following are some of the more common causes of holiday injuries each year:

• Falls from hanging decorations;
• Burn injuries caused by cooking fires, heating fires, and electrical fires;
• Motor vehicle accidents during holiday travel caused by negligent motorists; and
• Toy injuries and other product defect injuries.

Liability Will Depend on the Circumstances of the Injury

Who is liable for the types of injuries cited above? Liability will depend on the circumstances of the accident and injury. For example, with fires and burn injuries caused by kitchen appliances, the maker or retailer of the product could be liable if a defect resulted in the injury. Similarly, burn or electrical injuries caused by defective holiday lights could result in the product designer or manufacturer, or the marketer or retailer of the lights, being liable for injuries. As we noted above, many injuries during the holiday season also result from falls, especially while hanging holiday decorations. In situations where a fall resulted from a defective ladder or misleading safety instructions, the injured party could be eligible to file a product defect claim.

Many holiday injuries also result from traffic collisions, and multiple parties could be liable. The negligent driver who caused the accident could bear responsibility, as could other parties, such as the owner of the premises where the crash occurred or the party responsible for maintaining the vehicle.

How Comparative Fault Can Affect a Holiday Injury Claim

What should you do if you believe your own negligence played a role in causing the accident in which you were injured? California uses what is known as a pure comparative fault system. Accordingly, under California law, you should still file a claim even if you believe you are partially at fault because you could still recover damages. Indeed, a plaintiff can recover damages whether they are minimally or significantly at fault — up to 99% at fault. The plaintiff will recover damages, but the plaintiff’s damages award will be diminished by their portion of fault.

Contact a Carlsbad Personal Injury Attorney Today

Were you injured in a holiday accident, or was a loved one injured or killed? It is essential to get in touch with one of our experienced Carlsbad personal injury lawyers to learn more about filing a claim for compensation. Contact the Walton Law Firm today to discuss liability and how you may be able to file a claim against an at-fault party in Southern California.

See Related Blog Posts: How Can I Prove Drowsy Driving in San Clemente? Should I File an Insurance Claim or a Lawsuit After a Personal Injury in Valley Center?

Our Valley Center personal injury lawyers can provide you with more information about insurance claims versus personal injury lawsuits after a serious accident or injury in San Diego County.

How and Where Did Your Injury Happen?

First, how and where did your injury occur? If you were injured in a motor vehicle collision or a truck accident, the first option for seeking compensation is to file an auto insurance claim. Indeed, most people who are injured in traffic crashes will file auto insurance claims and then turn to a personal injury lawsuit against the at-fault driver if the insurance settlement is insufficient to cover losses.

Many injuries that occur in workplaces like construction sites will also involve a type of insurance claim known as a workers’ compensation claim. However, in some cases, it may be possible for an injured construction worker to file a lawsuit against a negligent party.

Beyond motor vehicle collisions and worker injuries, many other types of personal injury cases may start with a lawsuit against the responsible party. Have an attorney assess your case to determine whether you have the option to file an insurance claim or whether you could be required to file an insurance claim.

Who is Liable for Your Injury?

Next, who is liable for your injuries? If you want to be able to file a personal injury lawsuit, you will need to be able to identify the party (or parties) who is liable for your injuries. The liable party could be responsible according to a theory of negligence or strict liability, depending upon the facts of the case.

Has the Statute of Limitations Run Out?

Under California law, most personal injury lawsuits must be filed within two years from the date of the injury. In some cases, however, the statute of limitations may be significantly shorter. For example, if your injury occurred on government property or resulted from the negligence of a government employee, you could be required to file a claim in as little as six months or one year from the date of the injury. If you are trying to determine whether to file a personal injury lawsuit — regardless of whether you have already sought compensation through an insurance claim — you will need to make sure that the statute of limitations has not run out.

Contact a Valley Center Personal Injury Attorney Today

Anyone who has sustained a personal injury as a result of another party’s negligence or wrongdoing could be eligible to file a claim. In some circumstances, when an injury claim can be brought under a theory of strict liability (such as product liability lawsuits or dog bite claims), there is no need to prove that another party was careless or that another party engaged in intentionally harmful behavior. Instead, the responsible party can be strictly liable for your injuries, and it may be even easier to obtain compensation. One of the experienced Valley Center personal injury attorneys at our firm can provide you with more information. Contact the Walton Law Firm to learn more about your options.

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Heatstroke

When a person is outdoors in the summer heat for too long without adequate hydration, heat exhaustion can occur, and heat exhaustion can eventually lead to heatstroke. Many workers who do construction work and related jobs outdoors can be at particular risk for heatstroke.

Sunburns

Sometimes sunburns can be severe, especially when people spend an extended period of time in the sun without proper protection. Can another party be liable for a sunburn injury? If your child is at school or in a summer daycare or recreational program, the school or program could be liable if your child does not have adequate sun protection.

Drowning Accidents and Deaths

While Valley Center residents often enjoy swimming year-round at the beach and in swimming pools, recreational swimming increases during the summer. It is important to know that drowning is a serious risk for children and adults alike. While adults are most likely to suffer injuries in a drowning when they swim after consuming alcohol, young children can be at risk of a drowning accident when they are left unattended in the water for even a short time. Even if a child survives a near-drowning, Medscape emphasizes that patients need to seek medical attention in order to treat any resulting conditions like pulmonary edema or pneumonitis.

Drowning accidents can happen when lifeguards do not perform their jobs reasonably, or when pool areas are not properly enclosed to prevent young kids from getting into pools.

Diving Injuries

Given that swimming increases during the summer, so does diving. When people dive into shallow areas, they can suffer serious traumatic brain injuries (TBIs), fractures, and cervical spine injuries that can result in permanent damage to the spinal cord, according to Medscape.

Car Accident Injuries

While you might assume that car accident injuries decline in the summer since the typical inclement weather risks associated with wintertime are not present, car accident injury rates actually increase in the summer. According to the National Safety Council (NSC), the summer months are a time when more motorists are on the road, and more people are taking vacations. Accordingly, with more drivers and an increase in road traffic, the chances of a serious collision also increase. If another motorist causes a crash in which you or someone you love sustains serious injuries, you should seek advice about filing a personal injury claim and holding that motorist accountable.

Contact a Valley Center Personal Injury Attorney

Do you need assistance filing a personal injury claim? One of our Valley Center personal injury lawyers can help. Contact the Walton Law Firm for more information.

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What do you need to know about e-scooter injuries and filing a personal injury claim after an e-scooter accident?

E-Scooters Continue to “Proliferate,” According to Study

Before we discuss some of the key findings of the study, it is important to know that e-scooters only continue to grow in popularity, and data does not suggest that we will see a decline in e-scooter usage anytime soon. In fact, the UCLA researchers emphasized that we are seeing e-scooters “proliferate” across the globe, and rental rates suggest that e-scooters could, “in the coming years, account for 1 in 10 trips shorter than 5 miles.”

Since e-scooters seem to be here to stay, and urban residents continue to use them, it is critical to understand how and why serious accidents happen, and what types of injuries may be preventable.

Getting the Facts About E-Scooter Injuries

The recent study shows that e-scooter injuries have continued to rise each year, suggesting that more and more people are getting hurt on e-scooters. The researchers analyzed data from a total of 1,354 patients who received treatment at various UCLA health centers and clinics in Southern California between the years 2014 and 2020. Those patients not only included e-scooter riders who were injured in collisions with automobiles or fell from the e-scooter due to a road condition, but those patients also included pedestrians who were struck by e-scooter riders. In many cases of pedestrian and e-scooter collisions, the e-scooter rider was operating the vehicle on the sidewalk.

The majority of the injuries were head and extremity injuries, and about one-third of all the patients sustained more than one type of injury. Only about 5% required hospitalization. The causes of e-scooter injuries vary widely, including e-scooter rider negligence, motorist negligence, pedestrian and bicycle negligence, and potential design and manufacturing issues pertaining to e-scooters.

According to the recent study, the high rate of e-scooter accidents might actually be an underestimate, and even more people may be sustaining injuries. It is essential to take precautions to prevent an e-scooter collision while riding or walking, and to speak with an attorney if you are injured.

Contact a Personal Injury Attorney in Rancho Bernardo

If you or someone you love sustained injuries in an e-scooter accident, it is critical to seek advice from a Rancho Bernardo personal injury attorney as soon as possible. Do not hesitate to get in touch with our firm for more information about how to file a claim. Contact the Walton Law Firm to learn more.

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Elevator and Escalator Accidents Have Many Different Causes

There are many different causes for elevator and escalator accidents and injuries, such as:

• Escalator track damage or defect;
• Loose escalator screws;
• Broken escalator steps;
• Escalator misalignment;
• Defective elevator pulley system;
• Defective or broken elevator doors;
• Elevator is improperly leveled with the floor;
• Electrical problems with elevators or escalators; and/or
• Negligent maintenance of elevators or escalators.

Many Different Types of Parties Can be Liable for Elevator and Escalator Injuries

Liability for an elevator or escalator accident will depend upon the facts of the case and the cause of the injury. In general, the following parties could be liable for an elevator or escalator accident and injury:

• Designer or manufacturer of a defective elevator or escalator part;
• Property owner or manager of the premises where the elevator or escalator exists;
• Mechanic responsible for performing maintenance on the elevator or escalator;
• Construction company responsible for installing the elevator or escalator; or
• Another passenger on an elevator or escalator.

You Will Need to File an Elevator or Escalator Injury Claim in a Timely Manner

California law requires most personal injury lawsuits to be filed within two years from the date of the injury, including most elevator and escalator accident injuries. However, if the injury occurred on government property, such as in a government building, you may need to file the claim much more quickly. A San Diego County personal injury lawyer can assess your case and discuss a timeline with you.

Escalator and Elevator Injuries are More Common Than You Might Expect

Ultimately, escalator and elevator accidents happen more often than you may think. Although you might not give a second thought to stepping onto an escalator or waiting for an elevator to reach your floor, both escalators and elevators can malfunction, and they can result in severe and deadly injuries. Indeed, according to the U.S. Centers for Disease Control and Prevention (CDC), elevators and escalators are responsible for approximately 30 deaths annually and approximately 17,000 nonfatal injuries every year. Between elevators and escalators, elevators are responsible for about 90% of all reported deaths and just over half of all reported nonfatal injuries.

Contact Our Escondido Personal Injury Attorneys

Were you injured in an escalator or elevator accident in Escondido or elsewhere in San Diego County? One of the experienced Escondido escalator and elevator accident lawyers at our firm can evaluate your case for you today and provide you with more information about filing a personal injury lawsuit. Contact the Walton Law Firm today for more information.

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Motor Vehicle Collision Claims

Many motor vehicle collision cases—including car crashes, truck accidents, motorcycle accidents, and pedestrian and bicycle accidents—begin with insurance claims. These accidents can also result in motor vehicle accident lawsuits that require the injured plaintiff to prove that the at-fault driver was negligent. In a typical traffic collision case, negligence means failing to observe the level of care behind the wheel that a reasonable person would under the circumstances.

Premises Liability Lawsuits

Premises liability lawsuits arise whenever a person’s accident and injury results from a hazard on the premises. For example, slip and fall claims, as well as negligent security lawsuits and zipline accidents, are often filed as premises liability cases. To prove negligence, the injured person usually must show that the property owner failed to maintain the property in a manner that was reasonably safe, or failed to warn people about dangers on the property.

Dog Bites

Most California dog bite cases are strict liability claims. What does this mean? If a dog bites you and causes injuries, you do not need to prove that the owner was negligent. Instead, the owner will be strictly liable for harm caused by the dog even if the owner did not know the dog was aggressive or had a propensity to bite.

Construction Accidents and Work Injuries

In most construction accident cases, the injured person is a construction worker who was on the job at the time of the collision. It is important to understand that these cases are often a bit different from other kinds of injury cases since they need to go through the California workers’ compensation system. For most work injuries, workers’ compensation is an exclusive remedy. This means that an injured worker does not file a personal injury lawsuit against a negligent party and in fact does not even need to prove negligence. When a third party causes a construction accident injury, however, the injured person may still be able to file a personal injury lawsuit against that third party based on a theory of negligence.

Regardless of the type of personal injury lawsuit you are filing, California law requires most cases to be filed within two years from the date of the injury. There are exceptions, though, and you should discuss those with a personal injury lawyer in Carlsbad.

Contact a Carlsbad Personal Injury Attorney Today

Do you have questions about filing an injury claim? An experienced Carlsbad personal injury lawyer at our firm can assist you with your case. Contact the Walton Law Firm to learn more.

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Murphy Beds Cause Broken Bones and Amputations

As the Sleep Foundation points out, Murphy beds are especially popular for people in urban areas where “space is at a premium.” In small rooms and apartments, it is precisely what gives Murphy beds their “relatively small footprint” that makes them so hazardous. Indeed, Murphy beds have mechanisms that allow them to be folded up into the wall, and then pulled down again when it is time for sleeping. Accordingly, “people who live in small apartments have long looked to Murphy beds to provide a sleeping arrangement that doesn’t sacrifice space.”

Given that Murphy beds fold up into the wall, they have been known to result in injuries caused by trapped fingers and hands, as well as other parts of the body, when the bed gets folded. These beds are heavy, weighing in at anywhere between 250 and over 500 pounds, with various types of folding mechanisms. As such, when fingers or toes, or other body parts, get stuck in the Murphy bed as it is folding up, the injuries can be severe. Indeed, adults routinely suffer broken bones and even amputations. Kids can be at even greater risk of a serious Murphy bed injury. When children get a hand or an arm stuck, it can be devastating, and younger children can even suffocate and sustain fatal injuries as a result of Murphy beds.

Long History of Murphy Bed Dangers

The dangers associated with Murphy beds have been known for over a century. The story of Murphy bed injuries begins in 1904, according to an article in The New York Times, when a woman’s “foldaway bed lurched up and slammed shut in the middle of the night.” As the article explains, she “got one arm out of the bed and beat on the floor until help came,” yet by that point “three cervical vertebrae in her neck were crushed, and she died hours later on a surgeon’s table.” Murphy beds have gotten safer in the last 100 years, but they are still dangerous.

Indeed, as The New York Times article underscores, a “Murphy bed can kill you.” Although common Murphy bed injuries are different from those often-fatal injuries sustained in the early part of the 20th century, even a broken arm or an amputated finger can be permanently debilitating.

Contact a Rancho Bernardo Personal Injury Attorney

Do you need help filing a claim after a Murphy bed injury? One of our experienced Rancho Bernardo personal injury lawyers is here to help. Contact the Walton Law Firm for more information.

See Related Blog Posts: Most Common Causes of Spinal Cord Injuries in Poway Three Things to Know About Hotel Injuries in Escondido

In many kinds of accidents that lead to spinal cord injuries, another party’s negligence is to blame for the accident. What kinds of accidents most commonly result in these injuries?

Motor Vehicle Collisions

Motor vehicle collisions—including car accidents, truck crashes, and bicycle and pedestrian accidents—are the leading cause of spinal cord injuries. Indeed, more than 36% of all reported spinal cord injuries happen as a result of motor vehicle crashes. In these scenarios, it is important to learn more about filing a claim against the at-fault driver.

Falls From Heights and Slips and Falls

Falls are the second-leading cause of spinal cord injuries, resulting in about 31% of all identified SCIs, according to the Mayo Clinic. For older adults aged 65 and over, falls are nearly always the cause of a spinal cord injury.

Recreational Activities and Sports

Overall, accidents in sports and other recreational activities like zip-lining or surfing result in approximately 10% of all spinal cord injuries each year. Common sports that can result in SCIs include contact sports like football and hockey, as well as rugby and soccer. Yet it is important to keep in mind that a spinal cord injury can occur in almost any sport.

Surgical Mistakes

Surgical errors, particularly involving procedures affecting the spine, can result in devastating spinal cord injuries.

Acts of Intentional Violence

Gunshot wounds, knife wounds, and other acts of violence cause about 13% of all identified spinal cord injuries every year.

Disease

The Mayo Clinic explains that, while most spinal cord injuries are the result of unintentional accidents or acts of violence, diseases like cancer and osteoporosis can also result in spinal cord injuries. In some situations where disease causes an SCI, a healthcare provider may still be liable.

Contact an Experienced Poway Personal Injury Attorney

If you or someone you love recently sustained a spinal cord injury or another type of catastrophic injury in an accident in or around Southern California, one of our experienced Poway personal injury lawyers can assist you with your case. Do not hesitate to get in touch with us to learn more about filing a claim for financial compensation. Contact the Walton Law Firm today to get started on your personal injury lawsuit.

See Related Blog Posts: Spinal Cord Injuries and Older Adults Hospital Infections and Spinal Cord Injury Patients

Hotel Negligence Can Result in Many Types of Injuries

There are many different types of injuries that can result from hotel or motel negligence. For example, you or your child might sustain a serious injury as a result of a drowning accident near an unattended hotel or motel pool. Or you or another guest might sustain a serious injury in a slip and fall accident resulting from damaged flooring or a broken outdoor light that the hotel maintenance staff failed to replace. Slips and falls at hotels and motels can also occur in breakfast areas, at bars, and around pool decks due to liquid spills. At the same time, hotels may also be responsible for third-party assaults that happen because of negligent security—such as a hotel’s failure to repair a damaged door lock or window in your room.

Comparative Fault Can Affect Your Ability to Recover Damages

Under California law, if you are also partially to blame for the accident that happened at an Escondido hotel, the hotel can raise the issue of comparative fault and your damages award can be reduced by your portion of fault.

You Will Likely Need to File Your Lawsuit Within Two Years From the Date of Injury

Every personal injury lawsuit, including hotel and motel negligence claims, have a specific statute of limitations. The statute of limitations is the amount of time you have to file a lawsuit. Once the clock on the statute of limitations runs out, you will most likely have a time-barred claim and will not be able to obtain financial compensation by filing a civil lawsuit. While there are some exceptions, under California law, most hotel and motel negligence lawsuits must be filed within two years from the date of the injury.

Contact Our Experienced Escondido Hotel Negligence Attorneys

Nobody books a hotel room with the expectation that a serious or deadly injury will occur in the hotel room or elsewhere on the property. However, from dangerous slip and fall or drowning accidents near hotel or motel pools to negligent security injuries in hotel rooms, person injuries happen more often than you might think. One of our experienced Escondido personal injury lawyers can speak with you today about your options for filing a claim for financial compensation. Contact the Walton Law Firm to learn more about the services we provide to injury victims and their families in Southern California.

See Related Blog Posts: Hotel Hot Tub Injuries in Vista, CA Common Hotel and Motel Negligence Claims in Rancho Bernardo

Recent Hotel Hot Tub Accident Lawsuit in California

A parent recently filed a lawsuit against a Howard Johnson hotel in California, according to the Courtroom View Network, after her daughter suffered a serious traumatic brain injury (TBI) in a hotel hot tub accident. The case involved the child’s near-drowning, and the mother alleged that the hotel was negligent because its hot tub was “too easily accessible for children,” and because “the hotel didn’t take adequate safety precautions to protect children playing in the facility.” The hotel argued that the plaintiff’s failure to supervise her daughter was actually the cause of the TBI the child sustained in the hot tub. The jury agreed with the hotel, and the case ultimately ended in a settlement, but it makes clear that the hotel likely would have been responsible if the circumstances were slightly different.

How Do Hot Tub Accidents Happen at Hotels?

Hot tub accidents can happen at hotels in a wide variety of ways, including but not limited to:

• Slips and falls;
• Burn injuries;
• Heat overexposure;
• Near-drowning accidents; and
• Drowning deaths.

According to the U.S. Consumer Product Safety Commission (CPSC), children are at particular risk of injury in hot tub accidents at hotels and motels, as well as in private residences. Although many hot tub accidents involving kids result in injuries to young children, older kids can also be affected. For example, the CPSC has recorded fatal hotel tub accidents in which teenagers have drowned in hot tubs at hotels and motels, particularly in cases involving underage drinking.

Hotel Negligence and Comparative Fault

Hotels or motels can be held accountable for hot tub accidents in cases where the hotel’s negligence caused the plaintiff’s injuries. The recent case highlights how a plaintiff’s own fault can affect a recovery in cases like this, yet it is critical to understand that a plaintiff who is partially at fault for a hot tub accident can still recover as long as the hotel or motel was also partially at fault for the injury or death. Under California’s pure comparative fault rule, a plaintiff can recover damages as long as the hotel or motel bears at least some responsibility, but the plaintiff’s damages award will be reduced by his or her own fault.

Contact Our Vista Hotel Negligence Lawyers

If you have questions about filing a lawsuit against a hotel or motel in Southern California, you should seek advice from our Vista hotel negligence attorneys to learn more about your options. Contact the Walton Law Firm today for more information.

See Related Blog Posts: San Marcos Hotel Negligence in the Era of Coronavirus Common Hotel and Motel Negligence Claims in Rancho Bernardo

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?

Comparative fault, which is known as contributory fault or contributory negligence in some states, is an affirmative defense for a person who is facing liability for damages in a personal injury lawsuit. With comparative fault or contributory negligence, the defendant can raise the issue of comparative fault, alleging that the plaintiff’s own negligence or fault played a role in causing the accident or the seriousness of the injuries in order to reduce or bar damages for the plaintiff.

While some states will bar a plaintiff from recovery if that plaintiff is responsible for some of the fault, California follows what is known in the law as a pure comparative fault rule. What this means is that a plaintiff will not be barred from recovery if the plaintiff is 5% at fault or even 95% at fault. Instead, the plaintiff will have her damages award reduced based on her total percentage of fault.

Comparative Fault Does Not Automatically Reduce Your Damages

Just because a defendant raises the defense of comparative fault does not mean that you will automatically see your damages award reduced by any percentage. You will have the ability to produce evidence that refutes the defendant’s allegations and shows that the defendant bears full responsibility for the accident and for your injuries. Your attorney can help with this process.

How Does Comparative Fault Ultimately Work?

Here is an example of how comparative fault works: If you are injured in a car accident caused by a texting driver, that driver might raise the issue of comparative fault by showing that you were not wearing your seatbelt when the accident happened. Even if the at-fault driver can prove that you were not buckled in, California’s pure comparative fault rule will mean that your damages award will only be reduced by your portion of the fault. If the court decides that the distracted, texting driver is 95% at fault but you are 5% at fault (because your injuries are more severe than they would have been if you had worn your seatbelt), your damages award will be reduced by 5%.

Contact a Carlsbad Personal Injury Lawyer for Help

If you have questions about comparative fault in your personal injury case, an experienced Carlsbad personal injury attorney can assist you. Contact the Walton Law Firm today for more information.

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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

One of the key takeaways from the Cambridge Mobile Telematics report is that current state laws designed to reduce the number of distracted driving collisions caused by smartphone use are insufficient. In California, all motorists are prohibited from using a cell phone while driving unless they are using the phone in hands-free mode. The law applies to phone use whether or not the driver is stopped at a light or is making adjustments to a navigation system. In California, drivers under the age of 18 are prohibited from using cell phones while driving for any reason.

However, according to the new report, smartphone use has increased, and motorists continue to use phones while driving regardless of the consequences. According to Ryan McMahon, the Vice President of Insurance and Government Affairs at Cambridge Mobile Telematics, states need to take more action to reduce the rate of smartphone use behind the wheel. As he explains, “while much has been done over the last decade to reduce distraction on the roads, based on the steady rise in fatalities, it’s clear that there is still much work to be done.”

What Should You Know About Distracted Driving?

According to the National Safety Council (NSC), distracted driving can take many forms. Examples of distracted driving include but are not limited to:

• Using a smartphone while driving;
• Using a vehicle navigation system or GPS;
• Combing your hair while driving;
• Putting on makeup on your way to work;
• Eating while driving;
• Talking to another passenger while you are driving; and/or
• Feeling mentally distracted because of an issue at work and taking your mind off the road.

Contact a Valley Center Distracted Driving Accident Attorney

Were you injured in a collision caused by a distracted driver? If you were harmed by a distracted driver, an experienced Valley Center car accident lawyer can help you seek compensation for your losses. Contact the Walton Law Firm today to get started on your claim.

See Related Blog Posts: How Much Time do I Have to File a Personal Injury Lawsuit in Rancho Bernardo? Reducing Teen Driving Accidents and Parent Anxieties in Escondido