Southern California Injury Law Blog

A controversial new study released recently by the Highway Loss Data Institute, HLDI disputes the findings that new state laws banning cell phone use and text messaging while driving actually decrease car crashes. Of course, actual collisions and deaths due to cell phone use speak otherwise as noted in this California auto accident lawyer discussions. As you might imagine, many lawmakers and organizations that promote no cell phone use while driving are disturbed at the message these new findings might send.

The group compared the monthly collision claims in four states that had laws banning cell phone use while operating their motor vehicles. The group found little difference in collision rates, but before you grab your cell phone in the car, you should know that distracted driving contributes to the 4,000 to 8,000 crashes every day in the United States and a serious Metrolink accident in California. Our universities are not safe from drivers, distracted while texting or using their cell phones. Furthermore, distracted drivers are responsible for at least half of the 6 million crashes per year.

Besides cell phone use and texting while driving, the Department of Transportation defines three types of distracted driving.
· Visual- taking your eyes off the road
· Manual-taking your hands off the wheel
· Cognitive-taking your mind off what you’re doing

Distracted driving is any non-driving activity a person engages in that has the potential to distract them from driving their automobile in a safe manner. Some other forms of distracted driving are eating, drinking, talking, grooming, reading maps, changing radio stations or using navigation systems.

It only takes a moment to be distracted and cause serious personal injury. Additionally last year over 515,000 were injured in police reported accidents with at least one of the drivers were distracted and 5,870 were killed. The worst offenders are the 16-20 year old age group, but all demographic groups are guilty at some point of driving distracted.

The Foundation for Traffic Safety has gathered some helpful guideline for potential distracted drivers:
· Plan ahead-Check road maps and traffic conditions before you get on the road
· Stow electronic devices-Turn off your phone while you’re in the car so you won’t be tempted to answer it.
· Prepare kids for the trip—Get the kids safely buckled up and situated with snacks and entertainment before you start driving. If you must deal with a child situation, pull over instead of turning around constantly.
· Don’t eat in your car-on a long trip always stop for breaks; don’t eat while driving.
· Prepare your vehicle before you start the engine- Adjust seat positions, climate control, sound systems before you take off.
· Groom yourself before you get in your car- Your car is not your bathroom. Brush your hair, shave, put on make-up before you get in your car.

Lastly, the Transportation Department has officially banned truck and bus drivers from sending text messages while driving. This prohibition affects all buses and trucks over 10,000 pounds and is effective immediately. In addition, President Obama has directed all federal employees not to engage in texting while driving government-owned vehicles.
All of these new rulings are a positive step in keeping our roadways safe for drivers.

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Bicyclists from around the world were awaiting the sentencing of Dr. Christopher Thompson today for the road rage incident that happened in July 2008. After many letters and emails to the judge, he ultimately sentenced Dr. Thompson to 5 years in prison for the assault on the two cyclists, sending a strong message that cars and bicyclist must share the roads in a civilized manner.

The accident occurred on Mandeville Canyon Road in Los Angeles. Scenic roads are famous for bicycle lovers for their good work out as well as shady trees for comfortable riding. Dr. Thompson testified that while driving to work two cyclists had flipped him off and yelled profanities to him only when he suggested that they ride single file on the windy road. After these words were exchanged, Thompson then sped in front of the cyclists and slammed on his brakes. One cyclist was slammed into the rear window of Thompson’s car; breaking his front teeth and causing several facial lacerations. The other rider crashed onto the sidewalk and suffered a separated shoulder.

Thompson had experienced two prior incidences before this accident and had told officers after the crash that he was going to “teach them a lesson”. Recently other canyon residents had complained that cyclists were ignoring stop signs and riding side by side. However, this does not justify the escalation in violence that occurred that day.

Bicyclists are a frequent victim of intentional and negligent actions by drivers. If you want to consult with a personal injury attorney specializing in bicycle accidents call Allen, Flatt, Ballidis & Leslie at 1 866 981-5596 or see our web site devoted in bicycle accidents. We can help if you call and the call is always free.

Nationwide there were over 43,000 bicycle injuries with about 715 deaths in 2008. Two-thirds of the deaths are due to traumatic brain injuries, normally caused by the cyclist not wearing a helmet. Since drivers and cyclist must share the roads together, let’s look at some safety guidelines to ensure fewer accidents.
With the increase in bicycle accidents, the California Department of Transportation has compiled a list of safety guideline for any cyclists commuting or riding for pleasure.

· Wear a helmet! 92% of all bicycle injuries involve a motor vehicle
· Always ride in the same direction as other traffic, not against it
· Ride in a straight line
· Ride to the right if you are slower than the other traffic
· Stop at red lights and stop signs
· If you’re riding at night, you must have a white light on the front of your bike that emits 300’ from your bike. In addition, you must have a red reflector that is visible 500’ from the rear of the bike. Lastly, Mount white or yellow reflectors on your pedals for added safety.
· Wear bright colors in the daytime
· Keep a safe distance from parked cars
· Use proper hand signals when turning or changing lanes
· Use extra caution when its raining and allow for extra stopping time
· Cross railroad tracks at a right angle
· Walk your bike across a crosswalk
· Don’t wear headphones while riding
· Keep your bike maintained properly
· Ride defensively.

For further bicycle safety tips you can access the DMV’s website at www.dmv.ca.gov and the DOT at www.dot.ca.gov/
Safe riding!

James Ballidis is a personal injury attorney specializing in bicycle and auto accidents in Southern California. Call for a free consultation at 1866 981-5596 for your accident needs.

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According to a new report from the California Senate Office and Oversight Outcomes, there are some serious flaws in the way the state of California detects and monitors the elder abuse cases that is overseas. In Orange County alone, the elder abuse cases have tripled since 1994.
Elder abuse can be any violation against the elderly that is physical, verbal, emotional, or economic. California’s aging population is expected to have explosive growth in the next twenty years and California must do a better job of protecting the most vulnerable of our citizens.
One local case was in Laguna Hills that ended in the death of an elderly woman who was mistakenly given morphine and then choked on her food. She later died at a local hospital and the facility was fined $75,000. Another nursing home in Tustin was fined $50,000 when the staff failed to assess a man’s ability to eat and he later choked to death as well.

Additionally, three other nursing home patients were killed when the nursing home director had drugged the patients with powerful anti-psychotic drugs to control them. Heavy workloads and limited staff are commonplace in nursing homes and drugging patients is on the rise according to recent reports. If you or someone you love is a victim of elder abuse, a personal injury attorney can assist you with the investigation and if necessary a lawsuit to stop the abuse, correct the problem and get financial compensation for the harm caused. C all Allen, Flatt, Ballidis & Leslie, or see our personal injury site at www.thecaliforniainjurylawyer.com.

These offenses seem unbelievable and fortunately, most violations are relatively minor compared to these offenses. In fact, around 30% of the nation’s nursing homes have some sort of deficiency and about 1 in 20 actually have abuse. But how can you make sure your loved ones are being cared for? One controversial solution is the use of web or video cameras.
The residential homes that have cameras actually have greater family support and less theft and claims of abuse. Some staff actually welcome cameras to prove their side in false allegation claims. However, one family set up a video camera in their loved one’s room and was horrified when they viewed the film.

Maria Arellano’s family began noticing bruises on her body in early 2006 and when the staff did nothing after the complaints, the family installed a video camera. An aid was caught pulling Ms. Arellano’s hair, bending her neck, fingers and wrists and treating her violently in the shower chair. In addition, the same staff member was found to have repeatedly slapped this stroke victim. Obviously, this woman could not defend herself. Just last month the Arellano family was awarded $7.75 million for elder abuse in the Fillmore Convalescent Hospital in Southern California

How can you protect a loved one from a bad nursing home? A little comparison research into nursing facilities within your county before you need it will ensure a better experience for your entire family.

A good starting point is www.medicare.gov/. On the Medicare site, you can search nursing homes by name, city, zip, state or geographical region. In addition, you can compare several homes, side by side, for any violation and staffing numbers. Finally, once you decided on a home you may access detailed health and fire inspection reports on these facilities.

Additionally, you can visit the California Advocates for Nursing Home Reform’s website at www.canhr.org/ for a listing of nursing homes with the Department of Health violations.

James Ballidis is a personal attorney in Newport Beach, California. Call us at 1 866 981-5596 for a free consultation.

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We are a culture of compromise. We give in to some things and take in others, trying to remain agreeable and fair. As an example, my daughter wanted to wear shorts today to school, (50 degrees outside). My instincts told me that this was going to be trouble from the beginning. If I ask her to change, I am dictating what she can wear and controlling her decisions. If I say nothing, I will catch the wrath of her mother, and if I try to negotiate, I will expend a huge amount of time.

Although this is a simple example, we all have to negotiate, accept, give and take. The more important that a point of contention is to us, the harder we must apply ourselves. Unfortunately, there are some people that do not easily give, and always take. Have you ever been manipulated and you did not realize it was happening? Here are several tactics that people use to manipulate you into agreeing with their proposal. What does this have to do with law? Stay tuned.

Trigger one: The hard noser

A hard nosed tactic is to give little or nothing without a fight. In short, this person or attribute (sometimes interchangeable) will show no weakness. It is their way or the highway. This tactic works well for lawyers in some cases. The opposition simply does not want to put in the effort, or pay the cost, to negotiate a fair compromise and gives up on seemingly unimportant details, only to find they were short changed later. My daughter uses this tactic.

How do you deal with this attorney, person or child? Patience is the absolute key. I must be committed to the process or I will not get the person to budge. This person really hates to wait, wants to skip over details and does not want to listen to your thoughts because they feel they are losing control of the process. That is exactly what you want them to feel. Eventually, a fair and thorough compromise will be reached but you must be willing to patiently work through the process. Do not agree to anything until you both agree to everything. Do not let them parse out little agreements without discussing all points on the table. It really works.

Trigger two: Flattery is king.

People who want to persuade you to agree to their way of thinking often are identified by efforts to build your image or compliment your ego. We all recognize the movie clip where the wife wants to convince the husband of his prowess when in truth she wants to buy something. Lawyers try this tactic as well. Flattery can be genuine, but if you see that it is gushing out over little things, and it seems out of place, rest assured it is. My daughter will try flattery from time to time. Gee dad I really like to shop with you, you are so much fun! I am an in and out guy and spend no time shopping. Her flattery is disingenuous and eventually her desire surfaces. The effort is designed to make you feel good, because when you feel good, you are more likely to want to keep that feeling, by continuing the road to conflict avoidance.

So how do you deal with flattery? Simply accept it, keep it, enjoy it, and to keep that good feeling going. When the request comes your way stay in the moment, while saying what you want. Oh darling daughter, I don’t think we can buy that today for you, but maybe next time. Your positive attitude will throw them off. If they really want to take it up a notch, they will be the ones that move to a different strategy. A lawyer who tries to get something with flattery quickly realizes that they are in a pickle. They just complimented the other attorney and now they must either admit they were exaggerating, or keep up the good feeling despite being denied their unjustified request.

Trigger three: Please don’t guilt me.

Guilt is a powerful motivator. To avoid feeling guilt, we sometimes will give much more than normal or fair. To get their way, a person will manipulate the facts in such a way as to create guilt in you. My daughter might say “You never let me make my own decisions.” Suddenly I feel that may be right, and I allow her to wear the shorts today.

To combat guilt, you must remember that there is a time to assess the cause and basis for your guilt, but it is not during the discussion at hand. Simply address directly that you understand their point leading to your guilty feeling and agree to look at that subject or issue later, but for now let’s get back to the discussion of the issues at hand.

An example: The husband is out late again. Wife says I want you to call or come home. I am uncomfortable when you are out late and I do not know where you are. Husband retorts about the time his wife falsely accused him of infidelity, and that she just needs to trust him! (No I am not using Tiger Woods as an example.) The wife gives in, but she could instead have acknowledged that she made a mistake previously, note that subject and those feeling should be discussed fully, but after the issue at hand. “You should respect me, and call if your are late, but I really want you to be home with me.

So what happened this morning? Well I committed the time necessary to open the discussion. My daughter tried to convince me that I was not letting her make her own decisions. I noted that she could wear what ever she wanted that was appropriate for the weather. Unfazed, she went right to guilt. You really don’t want me to make my own decisions because you think I am too stupid. She missed the mark with that one, since she is quite smart. Since guilt showed no value, she tried flattery. She argued that it would be warm again today and she wanted to play soccer in the afternoon and would be too warm with long pants on. She just wanted to be better at soccer, a sport I had been encouraging her to practice at since she is showing promise.

It worked! She hit a flattering moment! She wanted to do what I suggested. So we discussed a compromise, she could wear shorts under sweats and take the sweats off when ever she wanted to. Problem solved, she skipped up the stairs. I dodged a bullet, and when my wife came downstairs. She did not even know what happened.

Try these strategies in your personal and professional life. They work.

James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie in Newport Beach, Ca.

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A recent rain brought over 500 accidents to Southern California according to a Huntington Beach accident attorney blog. We rarely contend with wet roads and our freeways are built to still drive relatively fast when things are wet. However, Southern California has one unique feature other large cities do not. Because we have little rain, our highways and streets accumulate oil and grit that causes our roads to be more slippery.

When you are on the road this holiday season, make sure you give yourself extra room, drive slower and always keep an eye out for the other guy. Frequently, accidents can be prevented by a little more patience and caution on your part. Be safe and have a happy holiday season.

James Ballidis is an auto accident attorney with Allen, Flatt, Ballidis & Leslie in Newport Beach, California.

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Every year a substantial number of truck accidents are caused by truck driver fatigue. According to a recent post by a California Truck accident attorney, 5300 deaths were caused by truck accidents and the number is not declining each year. One reason according to the article is the ability of a truck driver to work more than twice as long as a normal worker during the month. With little rest, the accident can be devastating. This Los Angeles truck accident lawyer documented that 830 deaths occurred in California and a whopping 12% were related to truck driver fatigue. That amounts to over 90 deaths due to this one factor.

Here are some safety guidelines to avoid truck accidents.

Do not driver next to trucks. Move ahead or behind them so that you can get out of their way.

Do not change lanes in front of a truck unless you have made sure that there is substantial distance between you and the truck, much more than you would take if a car were directly behind you. This will give the truck driver more time to react.

Keep a vigilance out for any erratic driving from a truck driver and report it immediately to 911.

Do not let a truck driver ruin your holiday by causing you or your family great harm. Stay safe. James Ballidis is a Orange County truck accident attorney located in Newport Beach, CA. For more information on Truck accidents and prevention, go to this California truck accident lawyer site.
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In terms of legislative and judicial decisions, the last few decades have not been kind to people injured by the intentional or negligent acts ... or inaction ... of others. Insurance companies have been allowed to bargain in bad faith with Plaintiffs injured by their insureds with essentially no repercussions. Employer funded health plans are allowed to deny, delay, or ignore rightful claims while the ill and dying do not even have a right to sue for damages, and people continue to drive in California with only the minimum liability limit of fifteen-thousand dollars. A meaningful visit to the Emergency Room will exhaust that amount in a day or two. Under pressure from well funded insurance company lobbyists, a seemingly endless slew of laws and verdicts have gone against people seeking some measure of redress for the harm inflicted on them.

It was with great pleasure to read that in the last few weeks a rather significant (but probably largely ignored) decision was handed down by the California Court of Appeal. The Fourth Appellate District in Howell v. Hamilton Meats invalidated a particularly insidious line of legal reasoning that has been damaging the field of Plaintiff's personal injury law for quite some time. Injured parties are allowed to pursue their medical bills at trial. However, what if the injured party had insurance. paid by their premiums? Do the juries get to hear about it?

Well, in California we have a doctrine called the "collateral source rule." It means that if a Plaintiff has insurance that covered his medical bills after an accident, a Defendant is prohibited from introducing evidence of the existence of insurance. If a Plaintiff has insurance, he typically has no outstanding medical bills by the time of the trial as the health insurance company has typically paid them. Yet, Defendants aren't allowed to place this information before the jury due to the collateral source rule. If one thinks about it for a moment, the reasoning becomes clear. Why should the Plaintiff, who paid for the insurance (often through premiums for many years), not be allowed to recoup his medical bills simply because he had the foresight to purchase insurance? It would be unfair to allow a jury to assume that the Plaintiff was not economically damaged by the accident simply because he had insurance.

A problem arises in the modern practice of medicine in that insurance companies do not pay the full amount of the medical bills. Typically they negotiate rates with the medical providers. On a $1,000.00 bill, the insurance company may only pay $200.00. Well, which amount does the Plaintiff get to introduce to the jury? The amount of $1,000.00, or $200.00? Until the decision in Howell v. Hamilton Meats, the general practice was that the Plaintiff could provide evidence of the $1,000.00 bill to the jury, BUT he was only allowed to receive the amount of $200.00. However, the Plaintiff does not get a refund of the premiums paid to the insurance company. The justification for this rather strange state of affairs was rationalized in two cases, colloquially referred to in California as the Hanif and Nishihama decisions. I will not mince words: the two decisions were neither well reasoned nor did they reflect a modern understanding of the ongoing hybridization of the medical and insurance fields.

The fact that a Plaintiff could incur medical bills of $1,000.00, yet not be able to receive special damages of $1,000.00, was patently unfair. The entire purpose of the Collateral Source Rule was to prevent Defendants from benefiting from a person's purchase of insurance. When a medical bill is "reduced" to $200.00 by an insurance company, it is a benefit deriving directly from the purchase of insurance. The reduction was made possible by the fact that a large pool of insureds contributed premiums over many years to an insurance company capable of negotiating on their behalf. Why should a Defendant, who negligently or wrongfully injured someone, get the benefit of a bargaining power paid for by Plaintiff and other similarly situated insureds? Thankfully, in a post-Howell world, individuals who purchase insurance will not see their legal rights reduced by their choice.

The ruling does not change medi-cal rules of reimbursement but if you personally or through your company purchased insurance, you are entitled to the reasonable value of those services as compensation. There is a split in authority in the state right now on this subject so make sure to check with your attorney if you think this is applicable to you.

Michael Bock is a litigation attorney with the firm of Allen, Flatt, Ballidis & Leslie in Southern California.

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The same qualities that make California so attractive for tourists and residents--warm weather, sunshine and unique scenery—also make it a popular state for motorcyclists. California is home to more than 1.2 million motorcycle riders, but every year, thousands are involved in collisions.

Because of the increase of motorcycle-car collisions in California, the California Highway Patrol, CHP is creating two new safety awareness campaigns that will raise awareness of motorists sharing the road with motorcycles. In 2008 there were more than 500 motorcyclists that died from collisions with other vehicles; even with helmets on, the risk of traumatic brain injury, TBI is high.

California has the highest rate of TBI’s in the entire nation. 75% of TBI’s come from either motor vehicle crashes or falls and can start as a concussion. Not all head injuries are considered a TBI. A TBI happens only when the brain collides with the bony skull and causes damage to the blood vessels and brain tissue. Furthermore, this damage can interrupt nerve signals going from the brain to the rest of the body, causing a variety of other ailments.
Symptoms of TBI can be subtle and may not even occur until days or weeks after a serious injury. Annual medical costs in the US are over 60 billion a year for hospitalizations and ultimately long-term health care needs. Serious cases of TBI can leave victims needing lifelong rehabilitation medical care.

Just last week a young 27 year old Cal State University – Northridge student was merging on the 101 freeway when the motorcycle she was riding on was struck from behind. In most motorcycle-car accident, 75% of the automobile drivers never see the motorcyclist. She was killed instantly. If injured many motorcyclists do not have adequate health insurance. See this article if you do not have enough medical insurance to cover your injuries.

One of the important factors in creating a safer highway environment is simply being aware of your surroundings. Being a little extra observant can reduce accidents dramatically. The other factor is having motorcyclist reduce their speed on the highway. As in auto crashes, speed kills.

Lastly, the helmet has been saving lives for years now. Now the second generations of helmets are safer than ever and can reduce head injuries by 67%.

The new SuperSkin created by the Belgian company, Lazer Helmets. After years of research they have created a helmet that acts similar to your own bodies’ natural skin to protect your skull. Your scalp actually prevents rotational head injuries in most mild cases and that’s what this new helmet does. It adds an elastic membrane over the hard helmet to decrease rotational forces when a head hits a vehicle or asphalt. It actually cuts the rotational effect by 60% in the critical milliseconds following a blow. This can significantly reduce TBI and other serious head injuries.

The CHP encourages all riders to sign up for their California Motorcyclist Safety Program or CMSP. These courses will teach the basics of safety as well as sharpen the skills of a more experienced rider. For further information, you can contact the CMSP website at www.ca-msp.org/

James Ballidis is the managing partner of a Southern California motorcycle accident specialist firm. See our specialized web site at www.allaccidents.com or visit www.thecaliforniainjurylawyer.com.

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Good daycare here in Southern California has always been a major concern for parents with small children, but after two questionable incidences recently, it leaves parents wondering where the state authorities are and how often a typical facility gets inspected.

Just last month a man went to the emergency room with 4 fingers missing. He said that he had accidentally blew his fingers off with a gun. After further analysis, the doctors concluded that the injuries were not consistent with a gun injury and called in law enforcement. They later found that he made explosives at his home in Lake Elsinore. Also at this home he grew marijuana and his mother ran a daycare center for children. Fortunately no children were injured in the explosion, but it could have been much worse!

Another recent close call was when a licensed daycare “lost” two of the toddlers they were caring for. The two kids had escaped through a broken fence during nap time and were found later walking along an active Metrolink train rail. Neighbors actually found the toddlers and called police. They had no identification on them and only when the officers concluded that they must have walked from the YMCA facility, they took them back there. You can only imagine the outrage of a parent when you go to pick up your child, only to be told, “I’m sorry but we can’t find your child”.

Both of these cases are currently being investigated by the Community Care Licensing Division of the Department of Social Services. Since 1990, over 31,000 children have been treated in hospital emergency rooms for injuries obtained in child care/day care facilities and sadly, 56 have been killed nationwide.

Not all facilities are created equal, so before you leave your child either in a licensed home or larger daycare center; ask lots of questions, perform background checks and make sure that the center is following all of the California state guidelines.
The Consumer Product Safety Commission, www.cpsc.gov/ suggests a safety checklist with the following items to ensure the facility you choose is safe:
• Playground maintenance/ surfacing: Check equipment, surface materials and fences to be sure all items are safe.
• Window blinds and curtain cords: This is a major choking hazard. Make sure there are no looped cords and vertical blinds are held down tight.
• Safety gates: Inside the home to avoid stairs and as well as outside to avoid pool areas and other dangers.
• Cribs: Older cribs may not meet all current safety standards; major choking and suffocation hazard.

James Ballidis is a personal injury attorney practicing in Orange County, California.

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Although New Year’s Eve gets the blame for the holiday with the most DUI fatalities, actually it runs a distant second to Thanksgiving. Family holidays are wonderful times to be together, but they also can create situations that can lead to excessive drinking.
Every 30 minutes someone is killed in an alcohol-related accident. In fact, Americans who drink and drive after holiday parties and celebrations make the period between Thanksgiving and New Year’s one of the year’s most deadly and dangerous seasons due to alcohol-related crashes. Over 17, 500 persons die unnecessarily due to bad driving choices.
Tragically, consequences of driving while under the influence cannot always been corrected. One example is Felipe Navarro Orona who was driving the shoulder of the I-5 freeway at 3am one morning. He failed to see two men changing a tire in front of him until it was too late. One man died at the scene from blunt force trauma to his head, body and legs. The other man was seriously injured but is expected to survive his injuries.
Orona has now pleaded guilty to vehicular manslaughter and other serious charges. He faces a maximum 13 year jail sentence in the penalty phase. One careless act has changed the lives of three men and their families forever.
The one deterrent for drunken driving here in Orange County that seems to be effective is sobriety checkpoints. Since their inception, fatalities and serious injury accidents have been lowered. The Orange County Sheriff’s Department has just received a three-year state grant for $874,852 to combat intoxicated drivers during various holiday seasons. The grant helps to supplement local law enforcement budgets and assist with extra holiday related expenses.
The major checkpoint season is the period between Thanksgiving and New Years, but one day enforcement targets will include Super Bowl Sunday, St. Patrick’s Day, Cinco de Mayo, and Memorial /Independence Day long weekends.
A DUI arrest in the State of California means automatic suspension of your license; impound of your car, higher insurance, ignition locks in some counties and maybe some jail time. It’s just not worth the aggravation. If you are convicted, it is mandatory that your car will have some type of ignition interlock device placed on your automobile.
To avoid getting a DUI this holiday season, follow these few driving safety tips:
• Plan ahead and always designate a sober driver before the holiday party or celebration begins
• Don’t even think about getting behind the wheel of your vehicle if you’ve been out drinking
• Call a taxi or use mass transit! Or how about getting a sober friend or family member to come and get you
• If you are able, stay where you are and sleep it off until you are sober. Many office parties are held in hotels for this reason
• If you’re hosting a party this season, make sure your guests do not drive intoxicated.

Happy Thanksgiving!

James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie, a firm devoted to advancing the rights of auto accident victims. IF you need assistance with a legal matter call 1 888 752-7474.

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According to a new report from Transportation for America, the Southern California metro area is the most dangerous for pedestrians. In addition, there have been 491 deaths statewide last year. Lack of sidewalks and crosswalks spaced too far apart are two of the main causes of these accidents. The report entitled, “Dangerous by Design: Solving the Epidemic of Preventable Deaths”, investigates why there has been such an increase in pedestrian deaths.
For one California family, their son has become a statistic, but they are trying to fix the problem that caused this accident in the first place. One year after the accident that left Adam Wilhite with severe brain injuries and in a coma; his father is suing the city of Westminster for $75 million dollars.
The suit claims that the city failed to provide proper lighting, safety features and signs at the intersection of Goldenwest Street and Sowell Avenue. The police report claims that Adam was at fault for the accident due to the fact that he was not in a crosswalk and failed to yield the right-of-way to a close vehicle. His parent’s argue that the car that hit him was travelling at an excessive speed as well as other contributing factors. The driver was not charged.
Adams’ parents visit the accident site frequently and they often see several kids from both Marina and Westminster high schools crossing at this very location. The lawsuit argues that due to the proximity of the high schools, there should better access to crosswalks for the children. School areas are especially vulnerable. See this article about a high incidence of pedestrian accidents close to Northridge University.
As congress prepares to rewrite the nation’s transportation laws, it is urgent that our spending priorities and policies keep our states, counties and cities safe for pedestrians. Although nationwide, pedestrian deaths account for 11.8% of all traffic deaths, only 1.5 percent of transportation funds are spent on efforts to improve pedestrian safety such as crosswalks and sidewalks.
As with most preventable deaths, ethnic minorities, children and the elderly are disproportionally affected in the more than 76,000 Americans that have died over the past 15 years on their city streets. Many cities traffic patterns have changed from main street to arterial roads and this is the cause of over half of the deaths. The rest are caused by poorly designed sidewalks and crossing areas.
If you are experiencing too many accidents in your community, take action and speak to your local representatives about pedestrian deaths and make sure that they know about these two programs:
Adopt a National Complete Streets Policy
This will ensure that all federally funded road projects take into account the needs of all users, including pedestrians, the elderly, and the disabled so they are able to travel safely on our city streets.
Expand the Safe Routes to School Programs
This program allows communities to incorporate critical safety measures to allow children a safe path for walking and bicycling to school.
For a full copy of this report, you can download a pdf version at www.t4america.org/

James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie advancing the rights of pedestrians injured or the victim of wrongful death in California. If you need help call 1 866 981-5596.

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I wrote about lawyer advertising hype and ways you can be fooled by inflammatory advertising in my book “Avoid Lawyer Advertising Hype. A Lawyers Method of Finding a Lawyer.” One section is devoted to telling you how to check the background and discipline record of the attorney you may hire. It is easy and every potential client should take advantage of this check. Here is an example of why that check is important.

The California State Bar has appointed a task force to investigate lawyers who may be exaggerating their loan modification abilities in advertising. The potential clients are desperate and need help to be sure. Unfortunately unscrupulous lawyers may prey on these people, encourage a “review fee” or advance on fees, and realistically, the victim has no chance of qualifying for a loan modification. The task force has recently caused the resignation of three lawyers for such behavior, and also notes the passage of new legislation that prohibits an attorney from charging an advance in such cases. You may not know that information if you were seeking a loan modification and listening to lawyer advertising.

Additionally, one attorney, James Parsa, California bar number 153389, advertised on major television spots for clients in the loan modification business. The task force began an investigation into his background and also his practices related to loan modification. Before the investigation could be completed, a background error was noted, specifically that this attorney had a prior conviction for molesting a child under 18 years of age. He apparently did not report this matter to the State Bar as is mandated by law. Many people do not realize that every attorney has to go through a disclosure, reporting and evaluation phase with the State Bar before a license is issued. When confronted with this evidence, he voluntarily resigned from the practice of law.

While an attorney may not practice law in this state without State Bar approval, what is to stop this person from continuing to solicit cases from unsuspecting clients? If they do not investigate his background and right to practice law, they may be duped into paying for services that cannot be delivered, or are delivered illegally. You don’t think this kind of thing happens? Think of the recent ponzi scam of Bernie Madoff that fleeced Billions from unsuspecting investors. It happens in law as well.

The State Bar is funded solely from attorney fees collected from attorneys and provides an arm to investigate and properly document when an attorney is not adhering to the laws of the state. The Bar will also investigate claims against an attorney for impropriety. It is a great source of information to examine as a consumer, and you should always avail yourself of this feature before retaining an attorney. It is free, on-line and provides up-to-date data on all attorneys in the State.

You can obtain a copy of my book at www.avoidlawyeradhype.com. In the second part of the book, I provide you with A lawyer’s Method of Finding a Lawyer. It outlines a number of resources that you can use to find and verify the qualifications of a lawyer in most fields of law. I help you identify the type of specialty, the pros and cons of using a lawyer referral service, and tips on interviewing and checking out lawyers. I encourage anyone that has never hired a lawyer to get a copy of the book, and let me show you what I do to find a lawyer in a field other than my practice.

James Ballidis is an attorney practicing auto accident and personal injury law in Newport Beach, California.

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