Southern California Injury Law Blog

According to the National Safety Council (NSC), the major cause of accidental deaths and personal injuries in America are slip and fall accidents. Over 8 million people last year were treated for fall related injuries and over 20,000 people died from their injuries due to falls. Although many people perceive this to be a problem for the elderly or very young, it is increasingly becoming a problem for middle-aged adults and everyone in between.

In Orange County alone, it is the number one cause of unintentional personal injury to residents and the fourth leading cause of death. These types of accidents can range from embarrassing moments that you hope no one has seen to severe brain trauma or spinal cord damage.
One tragic example is a San Juan Capistrano resident and attorney, Serge Kohan. He was walking outside an Orange County courthouse when he slipped and fell. The cause of the fall is still unknown but it left him with serious injuries, including severe brain trauma and he is currently staying in a long-term care facility.

Another high profile slip and fall case is by Robert Bork, the one-time U.S. Supreme Court nominee. He was walking on stage to speak at an event when he was attempting to climb the dais, striking his leg and then hit his head on a heat register. His injury required surgery and several months of physical therapy.

Although these two above seem to be extreme cases, the average slip and fall case involves either a knee or ankle injury, according to Jury Verdict Research’s recent survey. They usually break down these types of cases between indoor and outdoor accidents.

Typical indoor slip and fall accidents are characteristically dangerous situations involving stairs, floors and escalators. Materials can get warn, liquids can spill; no handrail or many other issues can cause hazardous conditions. Property owners need to keep their property in good repair but consumers need to be cautious as well.

Outdoor slip and fall mishaps tend to include areas such as sidewalks, parking lots, inadequate lighting and icy conditions. It is the municipality or business owner’s responsibility to keep walkways, curbs and sidewalks free of defects to keep pedestrians safe. In addition, adequate lighting situations are important when parking lots have uneven surfaces or cracks.

Slip and fall accident usually fall under the area of law called premises liability. Most of these types of injuries have relatively short statute of limitations and involve other issues that only a professional personal injury attorney can evaluate. Only an experienced personal injury attorney can answer the full range of questions you might have so it is important to contact one as soon as practical.

Lastly, if you are injured in an accident such as a fall, try to gather any pictures of the accident scene, witnesses and write down what you remember as soon as you’re able. As time passes, memories fade and evidence changes. This will help your attorney piece together the information for a possible case.

Another accident happened this week on an already busy Orange County freeway. An SUV has rolled over and injured its passengers. Unfortunately this type of accident happens across the country every day, injuring over 280,000 people each year. Over 24,000 have serious personal injury and tragically these accidents kill over 10,000 occupants annually. The accidents are usually twofold; first the rollover occurs and then the roof area crushes in and seriously injures the occupants.

American auto makers continue to deny that roof crush, usually in conjunction with a rollover, causes injuries, but their internal document say just the opposite. In fact the automobile industry has known that these types of accidents can produce serious personal injuries for over 39 years and only recently are gradually changing their designs, thanks to stronger government standards for rollover safety and litigation pressure.

Currently, 40% of SUV’s and light trucks on the road today have a fairly new technology called electronic stability control. Presently it is only an option, but in model year 2009, many automakers plan to make it a standard feature. The government’s crash tests have been so positive that they are mandating that all vehicles have this technology installed by 2012.
Why are these vehicles so prone to rollover accidents? Specifically, mini-vans, SUV’s and trucks are predisposed by the connection between the center of gravity and the track width (the distance between the left and right wheel). A narrow track and high center of gravity can make a vehicle unstable while performing fast turns or sharp turns.

New government proposed legislation will require all trucks and SUV’s to have stronger roofs and for the manufacturers to pass more rigorous tests. In particular, a roof would have to withstand 2.5 times the vehicle weight without bending. This would prevent any occupant from contact with the roof and therefore reducing serious head trauma. In addition, seat belts will also change to better hold the passengers in place in case a rollover occurs. Lastly and the most controversial of proposed legislation is the setting of lawsuit limits against automakers. This means that some crush roof accidents would be dismissed without trial because of this type of federal law. Something tells me that this one will not pass anytime soon.

If you or someone you know has been injured in a rollover accident, don’t hesitate to contact a personal injury attorney as soon as practical.

If you own an SUV, light truck or mini-van, there are a few things you can do to limit your risk or a rollover.
· Be aware that your vehicle has a high center of gravity and is more top-heavy than other cars. Don’t take turns at high rate speed and avoid sudden corrective action.
· Always use a seatbelt. Large numbers of SUV fatalities are drivers and passenger being ejected from the vehicle during a rollover.
· Obey traffic laws and avoid alcohol while driving. A large demographic of rollover accidents involve young men between the ages of 18-25 and alcohol consumption.

If you choose to purchase a new car in the future, check out the new crash test and rollover ratings at www.safercar.gov/ .Their rating scale will assist you in your new car purchase.
Safe driving!

With the high cost of gas these days, you may be tempted to carpool to work in costa mesa in a vanpool. Morning commutes on California freeways are filled with this cost-saving option, but it is important to note that when these 15 passenger type of vans are not driven properly, there is a greater chance of serious personal injury especially on the freeways surrounding and in Costa Mesa. In a fully loaded 15 passenger van, you have a 70% chance of a rollover!

New research from the National Highway Traffic Safety Administration, NHTSA, has found that during the months of June through August to be the deadliest time of the year for 15-passenger vans. These vans are typically used by church youth groups, senior homes, YMCA’s and hotels. Since their use is so widespread, the NHTSA has issued new safety warnings during the busy summer travel season.

These vans are quite popular for several reasons; one important factor is that the driver doesn’t need a commercial license. Although it is still illegal to transport elementary and high school students, most community organizations find the van size convenient and more fuel-efficient than regular school buses.

Fifteen-passenger vans are more likely to be involved in a single-vehicle rollover crash than any other type of vehicle. The good news is that consumer alerts and educational efforts are apparently working to help reduce fatalities in these types of rollover crashes. The proof is in the numbers: The percent of 15-passenger van occupant fatalities that occur as a result of rollover crashes is down from a high of 81% in 2000 to 45% in 2006.

Although by far the main cause of rollovers is a fully loaded van, factors such as improperly inflated tires, poor tire condition, and inexperienced van drivers also contribute to the instability of this type of van.

The following precautions are recommended if you drive a van or if you ride in one on a regular basis:
· Keep your passenger load light. NHTSA research has shown that 15-passenger vans have a rollover risk that increases dramatically as the number of occupants increases from fewer than five to more than ten. In fact, 15-passenger vans (with 10 or more occupants) had a rollover rate in single vehicle crashes that is nearly three times the rate of those that were lightly loaded.

· Check your van’s tire pressure frequently — at least once a week. A just-released NHTSA study found that 74 percent of all 15-passenger vans had improperly inflated tires. By contrast, 39 percent of passenger cars had improperly inflated tires. Improperly inflated tires can change handling characteristics, increasing the prospect of a rollover crash in 15-passenger vans.

· Require all occupants to use their seat belts or the appropriate child restraint. Nearly 80% of those who have died nationwide in 15-passenger vans were not buckled up. Wearing seat belts dramatically increases the chances of survival during a rollover crash

· If at all possible, seat passengers & place cargo forward of the rear axle — and avoid placing any loads on the roof. By following these guidelines, you’ll lower the vehicle’s center of gravity and lower the chance of a rollover crash.

· Be mindful of speed and road conditions. The analysis of 15-passenger van crashes also shows that the risk of rollover increases significantly at speeds over 50 miles per hour and on curved roads.

If you have been injured in a 15 passenger van or in fact, any type of personal injury, don’t hesitate to contact a professional personal injury attorney as soon as it is practical. Contact Us anytime (949) 752-7474

Recreational Vehicles or RV’s are a popular way for families to enjoy a summer vacation. The RV market is a 15.75 billion a year industry with both sales and lease agreements combined. However, if you own or lease one of these larger vehicles, check which tires has been installed because with the increase of RV’s popularity has also come an increase in accidents and major personal injury due to uneven loading, faulty tires and rollovers. The main problem is tire blowouts, specifically involving Goodyear and Toyo Tires.

The Goodyear 159 or G159 is actually a heavy truck tire made by Goodyear specifically for recreational vehicles. Manufacturers such as Fleetwood and Monaco used this tire with an exclusive agreement with Goodyear. They were assured that this tire was suitable for the large Class A type vehicle. Unfortunately, this tire could not sustain the high loads placed on it by shifting weights of a large vehicle.

The initial recall was back in 1999 after several accidents, but unfortunately, these tires are still on the road today. The main problem with these tires is that RV’s have a lot of weight with fold-out patios, TV’s and other heavy items. They are also typically used for an extended period of time and so a combination of overuse and heat can lead to tire tread failure and belt separation. These all seems to be a clear case of a defective product but the manufacturer, Goodyear is not conducting a further recall.

A recent report was published earlier this year by Sean Kane of Safety Research and Strategies. In the article, Kane stated that Goodyear had destroyed significant testimony that was taken in one of the earlier depositions that was for a lawsuit that was settled out of court. In the deposition, the Goodyear official reportedly admitted under oath that Goodyear knew that the Goodyear 159 tire was not suitable for RV use and was inadequate for use on class A motor homes. Moreover, not only did Goodyear know about these problems but the RV manufacturers such as Fleetwood and Monaco knew about this as well.

If you have experienced a tire blowout or an accident driving or riding in an RV, don’t hesitate to contact a professional personal attorney firm such as Allen, Flatt, Ballidis and Leslie. We are among the highest rated attorneys in Orange County and throughout California.
If you own or are just renting an RV this summer, having a good tire inspection is one of the best safety tips you perform for your family’s well being. Others driving tips include:
· Check for tire recalls at www.safecar.gov/
· Maintain proper air tire pressure and tread depth
· Watch your weight distribution; secure heavy items and place heavier items close to the ground and maintain a low center of gravity.
· Take an education driving course before heading out in your new vehicle. RV’s are much larger than vans or SUV’s and have multiple blind spots. Remember that it will take extra time to stop so watch your speeds as well.

Summer is time for family vacations and the traditional road trips. However, next to the fall/winter holidays, it is the most accident-prone time of the year. Factors involved are numerous; fatigue, road unfamiliarity, construction, and (of course) kid distractions!

Unfortunately for a family of 5 from California, their summer vacation ended in tragedy. They were traveling from their home in Southern California and somewhere in Utah their SUV went out of control. Highway patrol suspect that the wife of the couple fell asleep at the wheel. Tragically, both parents died instantly and the three children are in critical condition. What makes this story more tragic is that this could have probably been prevented with some advanced planning and a good night’s rest.

According to a recent National Highway Traffic Safety Administration report, most crashes occur during late night and early morning hours. Over 56,000 motor vehicle crashes are due to drowsiness and fatigue alone. It is understandable that to avoid heavy congestion, people like to drive early or late, but if you are tired, don’t risk it. Getting a good night’s rest before a trip will keep you in a better frame of mind, give you more patience with the kids saying, “are we there yet?”, and of course, help you arrive at your destination safely.

Besides a good night’s rest, vehicle maintenance is one of best things you can do to reduce the risk of serious personal injury. Our summer breaks are far too short and sometimes we try to pack too much into our one week vacation!

Before your summer road trip, here are a few maintenance items to check before hitting the road:
1. Check your tire pressure. Tires without enough air pressure can build up heat and can lead to tread separation and blowouts. A good rule of thumb is while you are changing your oil every 5,000 miles, rotate your tires and check the pressure at the same time.
2. Hot weather is brutal for your car battery. Have it check, add water, if appropriate and check the cables.
3. After failed batteries, broken belts and hoses are reported to be the second most cause for breakdowns. Do a visual inspection for any cracks or tears in the rubber or make sure you have a complete vehicle inspection before your trip.
4. Brakes are crucial for your family’s safety. Summer trips can generally load down your car and put extra loads on your vehicle, especially if you are towing items. Have them checked and make sure they work properly.

Other summer hazards include construction zones and unpredictable weather. Be alert for upcoming construction zones and slow down. In addition, here in California we have summer fires that can cause reduced visibility in some areas. Flash floods and sudden downpours from thunderstorms can also cause slippery roads, limited visibility and hydroplaning.
Lastly, if you’re on an extended trip into an area that does not have facilities nearby, a good emergency kit is vital. Duct tape (for repairing hoses), first aid kit, flashlight, blankets, water, flares, jumper cables, and small amounts of food are all needed in case of an accident or breakdown when you’re out of cell phone range!

For more summertime driving tips to stay safe, visit www.safecommunities.org/ and for road closures and construction zones here in California, visit www.dot.ca.gov/ for the latest traffic problems.
If you are involved in any type of personal injury accident, don’t hesitate to call an experienced attorney to assist you through the process.

Experiencing a serious personal injury is often unexpected and quite traumatic. And if that injury involves loss of part of a limb, it can cause disfigurement and partial disability. Wouldn’t it be nice if we could grow “new limbs” like salamanders and starfish can? Well, as a matter a fact, scientists and doctors have jointly created a powder that when rubbed on the injured part of the hand, actually grows a new finger. Sounds unbelievable? Even the doctors are amazed!
In May of this year a young army sergeant named Shiloh Harris underwent a history making surgery in Texas. The young wounded veteran lost his finger due to bomb attack in Iraq. The doctors applied a specially-formulated powder to what was left of his finger and the results are very encouraging and his finger is slowly growing back.

The powder is actually taken from the adult stem cells within the pig’s bladder. The powder is then classified as an extra cellular matrix and attracts our normal cells and therefore encourages new cell growth-just like a salamander.

All bodies have stem cells and in our mother’s womb, it was our stem cells that grew our fingers, toes, organs, etc. The stem cell growth ended at the time we were born but they don’t go away or die. Researchers believe that in some way, this new “pig dust” or “pixie dust” as it is nicknamed, can put our cells back to work.

Another one of the first test cases was a man that had cut off a part of finger on a propeller blade. Within just four weeks he was not only able to grow back some skin, but he also grew blood vessels and a nail on his finger. This is truly amazing medical science at work.
This new technique is part of a major study in the science of “regenerative medicine” The alliance that funds this project is called the Armed Forces Institute of Regenerative Medicine, or AFIRM. It consists of over 250 doctors and researcher at over 30 universities and hospitals, including the National Institutes of Health, Veteran Administration and several military services. This first research phase is called “put people back together” and is aimed at helping our returning injured vets.

As with many breakthroughs that come forth from military research, one day if all goes well we will have this technology available to us in the private sector. As with all science, it takes funding and stem cell research is a hot button issue with this administration.

Scientists have been able to grow bladders, blood vessels, livers, and rat hearts. It is only a matter of time states AFIRM, that they will be able to reconstruct muscles, skin, tendons, ears and noses. They envision the day that they will be able to replace injured organs and limbs right there on the battlefield. In the meantime, the alliance is attracting private sources of money in case of political roadblocks. In addition there are still long-term questions left unanswered, but the medical community is surprised and encouraged by the recent events.

Perhaps in the future it will be routine to regrow body parts in the emergency room, but until then, stay focused and keep safe while driving and enjoying your freedom.