Southern California Injury Law Blog

A local trial here in Orange County is raising the debate, once again, among dog owners and their responsibilities. In this case, a woman in Westminster faces up to one year in jail for her pit bulls aggressive behavior and personal injury attack on a postal carrier. The women had a long history of keeping aggressive animals. In fact just last June, another one of her dogs just attacked a visitor in her home. When do the rights of a dog owner supersede the rights of a person not to be attacked in a home, neighborhood and park? How often do we need to hear that a pit bull is a great pet dog for children?

Every 40 seconds in the United States someone seeks medical attention for a dog bite. Of the 4.7 million people afflicted by dog bites each year, about 800,000 needs to seek professional medical attention. Moreover, in 77% of these cases, the victims often are kids. Tragically the head and face is frequently the target, leaving damaging scars and emotional trauma, as well as personal injury.

Here in California the law is quite clear regarding liability in dog bite cases. If you are a dog owner and your dog bites someone, regardless of provocation, you are liable. As with most laws, there are some exceptions such as cases involving a trespasser or veterinarian.
If you or your child has experienced any type of personal injury in a situation involving a dog bite, don’t hesitate to contact an experienced firm such as Allen, Flatt, Ballidis and Leslie. They have previously handled many cases and have the experience to solve yours in a professional manner. California state law has special provisions for a dog bite that occurs where children under 5 are involved. Get an experienced personal injury attorney on your side!

In another case that ultimately went to the California Supreme Court, last week a Superior Court Judge charged Marjorie Knoller with murder and sentenced her to 15 years in jail. The facts of the case were very bizarre and disturbing. Ms. Knoller, the dog owner, knew her dogs were genetically predisposed to being vicious and the dogs had recently displayed violent behaviors against other neighbors. During the 10 minute incident where her neighbor was mauled to death back in 2001, she did nothing to stop her dog or call 911 for help. To make matters worse, Ms. Knoller blamed the dead women for the attack. Very disturbing indeed.

Whether you own a Presa Canarios, like in the above case or a tiny little poodle, every dog owner should know that any dog can bite in certain circumstances. Pit Bulls, Rottweiler’s, German Sheppard and Dobermans all have aggressive tendencies. In fact over 44% of all dog bites come for German Sheppard. Before purchasing a breed, make certain you know as much as you can about the dog’s behavior and make sure it fits well with your family situation.
If you have children, it’s important that they know correct behaviors if there is a dog in the household or if they encounter one in the neighborhood. A great booklet with great discussion topics for you and your family can be found at the American Veterinary Medical Association, http://www.avma.org/animal_health/brochures/dog_bite/dog_bite_brochure.asp.

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Posted In: Dog Bites , Injuries

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Street racing has been a part of America’s pop culture for decades. Movies like “Grease”, “Rebel without a Cause” and “The Fast and the Furious” have become legends. But would they have been as entertaining if passengers were ejected from the cars, if they hit innocent pedestrian or the car exploded upon impact? A new Liberty Mutual/ SADD (Students against Destructive Decisions) study just came out with some shocking statistics regarding illegal street racing. Between 2001 and 2006, 804 fatalities were reported by the National Highway Traffic Safety Administration, NHTSA.

Southern California has a serious problem with illegal street racing and now is passing tougher penalties for violations. If convicted for street racing, you automatically will face prison time up to 6 months and a $1000 fine. If someone is injured, you could face several years in prison for manslaughter.

A recent high profile case here in Orange County involved a young man, Ahmed Dakhil, who was street racing in Fountain Valley. His vehicle hit another car, killing a young 10 year old girl and causing serious injuries to the rest of the cars’ occupants. He was later sentenced to six years in prison for vehicular manslaughter. Dakhil had four prior speeding citations.
Another recent incident involved two brothers from Anaheim travelling down Santa Ana Canyon road. They were travelling through one of Orange County’s pretty, but windy country roads at over 90mph. The driver, Justin Simpkins died at the scene when his car veered off the road and hit a telephone pole. His brother was “luckier”. He flew out of the vehicle and had serious injuries but was expected to live.

Both of the above cases involved young men with bright futures. Would anything have stopped them from racing? In fact the above SADD study concluded that in most cases, a driver would have slowed down if the passengers would have only spoken up. Fifty percent of passengers do speak up but that leaves 50% that do not. Teen friends have more influence than they think and it’s important to not “go along with the crowd”. Most racers, 73% admitted that they knew the behavior was dangerous but because of peer pressure, continued on. In this study, teens said they would stop racing, speeding, texting and talk on their cell phones, only they were never asked to do so. Young adults need to have some accountability for their actions, but their friends need to speak up as well.

A few other tactics are working well to reduce illegal street racing and serious injuries. One is RaceLegal, which runs programs here in California and throughout the country, facilitates programs to allow street racers to get their adrenaline rush safely through government grants to communities. These communities are actually allowing “legal racing” in stadiums for a small fee. Other cities such as Ontario, California will actually crush impounded cars that are caught involved in illegal street racing. These strategies seem to be working in their respective communities as a deterrent.

If you have been injured due to the negligence of a speeding driver, or in fact any type of car accident, you probably have a lot of questions. Allen, Flatt, Ballidis and Leslie offer a free consultation and will answer your questions thoroughly and with professional expertise. Their group of personal injury attorneys has years of experience to save you time and frustration. Call us at 1 888 752-7474 for a consultation. We have represented clients in some of the most horrific accidents caused by street racing in Orange County California.

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Posted In: Car Accidents , Injuries

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After that terrifying day last year when we saw the I-35 bridge collapse over the Mississippi River, most of us will still think twice when we drive over a bridge. The safety cameras caught the horrifying moments on tape as we saw the bridge and cars crumble like a toy building block structure. These commuters didn’t have a chance once the domino effect of this structurally deficient bridge began to fall down. On that day over 100 vehicles were involved with over 145 serious personal injuries, and tragically, 13 people were killed.

This year state lawmakers have finally approved a compensation fund for victims of this tragic accident. The state has set up a 38 million fund to be divided between the accident survivors and families affected by the injury accident. For those injured, there was a negotiated settlement that allowed for each victim to collect $400,000 in lieu of suing the state for their part of the liability. Additional monies are available for future medical expenditures for those with serious personal injuries.

Was this a good deal or not for the people involved? Have you been in a similar accident situation? All of these questions and more can only be answered by consulting with an experienced personal injury attorney. Obviously, the state will do what’s best for them and not necessarily what’s best for the injured people involved. You need someone on your side while you recover to protect your interests and if necessary, long-term care.

Still the thought remains, how could this happen and could it happen again? The answer is absolutely! There are over 75,000 “structurally deficient” bridges in the United States. In the case of the I-35 bridge, it had been inspected each year and had a deficient rating since 2001. Although the National Transportation Safety Board is winding up their investigation, it is clear that the steel truss design of the bridge was not sound. Presently, there are over 700 similarly- designed bridges throughout the country.

How about us here in Orange County and Southern California? Of the 24,128 Californian bridges, over 3,000 are designated as “structurally deficient” and close to 4,000 are considered obsolete. California has the 5th worst bridge problem in the country! Caltrans is trying to reassure the public, saying that the bridges would be closed if there was any imminent danger, but of course, that’s what the Minnesotan officials said as well.

Officials are concerned because some of the busiest bridges in Southern California are also the ones that are in the most urgent need of repair. Two of the bridges are along the 710 Freeway; the Oak Street Bridge and the Metrolink Bridge. Officials say both of the bridges will need to be replaced and are in some ways worse than the one that collapsed in Minnesota.

Orange County currently has 24 bridges classified as “structurally deficient”. Many more are obsolete. As defined, a structurally deficient bridge is closed or restricted to light vehicles because of its deteriorated structural components. While not necessarily unsafe, these bridges must have limits for speed and weight. A functionally obsolete bridge has older design features and, while it is not unsafe for all vehicles, it cannot safely accommodate current traffic volumes, and vehicle sizes and weights.

For a full list of bridges in your area that may have safety issues, go to the Orange County Register’s Bridge Safety Database and search on your city or street. It can be found at www.ocregister.com and search for “O.C. Bridge Safety”.

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Frequently while driving along any Orange County freeway you might see accident victims off to the side of the road or hear emergency vehicles on their way. Relieved? Although instinctively most of us would like to help our neighbor or person in need, sometimes we feel inadequate to render aid or just don’t want to get involved for fear of being sued or worse, get injured ourselves.

However, if we were the ones injured on the side of the road, of course we would be hoping someone would stop to lend us a hand. Fortunately, there are wonderful people here in California and elsewhere called “Good Samaritans”. They literally stop whatever they are doing and help with no thought to their own safety.

Just recently this year, a Fountain Valley man was traveling on a Southern California freeway and noticed a collision blocking lanes up ahead. He pulled to the side of the road to help. He was walking safely along the shoulder of the highway, but tragically, a car coming at a high rate of speed did not see the accident and then swerved to the shoulder and hit the man. He suffered major personal injury and was declared dead at the scene.

The California Good Samaritan Law is generally meant to protect lay people who help at any emergency scene. This could be a crime or any injury accident. As long as you help with no expectation of payment or reward, you will be immune from liability if you assist to the best of your ability. However, a recent ruling in March 2007 by the California Court of Appeal will change the Good Samaritan law regarding the expectation of “medical care” to the accident victim.

The case involved a woman, Alexandra Van Horn, who was a passenger in a car who ran into a light pole at 45 mph. A passenger in the car following her stopped at the accident scene to render assistance. She lifted her out of the wrecked automobile and as a result, Ms. Horn became a paraplegic. Even though court testimony was debated as to whether the accident or the lifting could have caused the paraplegia, the court ruled that the Good Samaritan liability shield did not protect her.

So what’s a Good Samaritan to do? Here are a couple rules of thumb to keep in mind.
The Good Samaritan law does not give you the license to act like a doctor. If you chose to stop and help, you should only help out in a way that reflects your prior training. If you’ve had first aid training and are CPR certified, great! Then you can help out in this way. If not, there are other things you can do at an accident scene to help. For example, talk to the people involved until help arrives, call 9-1-1, supply blankets for warmth to prevent shock, etc. The best way you can be a Good Samaritan is to offer assistance within your expertise experience.

If you have been involved in an automobile accident and don’t know where to turn, contact an experienced law firm such as Allen, Flatt, Ballidis and Leslie. Their professional team of law professionals will assist you through every step of this process and answer all of your questions.

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Posted In: Car Accidents , Injuries , Product Liability , Truck Accidents

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This week off the waters of Southern California, two bodies and a crushed boat were pulled from the Pacific Ocean. The man was identified as Henry Sanchez, the brother of two congresswomen from Orange County, and his girlfriend, Penny Avila. Although the investigation has just begun as to the cause of this horrific boating accident, questions are being raised as to the fault and negligence. Did the tug have the proper light sequence indicating that he was towing a barge, had the driver gone through boating safety classes to know what the lights meant?

In Californian there are close to one million boats of all types registered here in the golden state. Here in Orange County, we are blessed with year-round good facilities such as Newport Beach and Dana Point harbors. Tragically, California also has the highest vessel accident rate, usually involving serious personal injury. Although fatalities are down from last year, our injury rate and property damages have increased. There are a number of explanations as to why people get into boating accidents; excessive speed, inattention, reckless operation, and alcohol. Would mandatory safety classes really make boat owners safer? The state’s legislative arm is undecided.

There is currently much debate in the state capital to whether safety boating classes for all vessel owners would reduce accidents. Two years ago, Assemblyman Michael Duvall, R-Brea introduced new legislation, AB 1458, which has continuously stalled in Sacramento. The bill would require operators of motorized vessels to pass an examination and obtain a life-time certificate before they operate a vehicle. Currently there are safety courses available but they are taken on a voluntary basis. One factor in the legislation that doesn’t make sense is that they would not require people who rent boats to have such a certificate. These people are typically the least trained operators.

There are currently 33 other states that have mandatory class and/or licensing regulations and it has decreased injury and accident statistics significantly. In California, 86% of last years’ fatalities occurred on boat owners that had not taken any safety course. Although many people think that driving boat is similar to a car, it is not. They are many different lights, signs, rules of the waterway to learn. Over 40% of serious incidences with boats involve collisions with other boats. The one major factor that will save lives in boating accidents is the life jacket or personal flotation device (pfd). Two-thirds of all boating accident victims drowned and 90% of them did not wear life jackets. A good rule of thumb is to have a safety jacket for each person aboard your boat. As the owner of a boat, as is similar to owning a car, you are responsible for the well-being of your passengers.

If you have been injured in a boating accident, please don’t hesitate to call a professional personal injury attorney immediately. Let the experts handle the corporate battle while you recover from your injuries. Unless you have previous experience in these matters, you may lose out on your rights and compensation.

The California Department of Boating and Waterways publishes an excellent brochure entitled, “ABC’s of the California Boating law”. It is freely available from the website www.dbw.ca.gov/pubs/abc/. In addition, they offer a free home study course called, California Boating Safety. Call 916-263-1331 for more information.
There are also many free courses on boating safety offered by the local boating squadron near you. Call 1-888-FOR-USPS for more information.

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Posted In: Car Accidents , Injuries , Product Liability

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Orange County has some of the most beautiful country roads in the United States. The qualities that make a country road special; two lanes, winding roads, beautiful vistas and rural nature add to the nostalgic feeling of a Sunday drive. However, most of these roads are not maintained properly and they have a high rate of serious personal injury. Although rural roads carry only 28% of the countries cars, they are accountable for more than half of all fatal accidents.

Ortega Highway, California’s SR74, has been called one of the deadliest roads in Orange County, if not the country. The road connects the cities of Lake Elsinore and San Juan Capistrano via 30 miles of a narrow, winding road through the Santa Ana Mountains. Yes, it is scenic, but due to several years of faulty maintenance by the state of California, it has had over 16 fatalities last year and several serious personal injury accidents.

These types of accidents are often challenging due to the complexity of the case and the parties involved .The attorneys at Allen, Flatt, Ballidis and Leslie have handled cases along this specific roadway and are familiar with the issues involved. If you have been injured or know someone who has had an accident along Ortega Highway, or any highway, please contact an experienced personal injury attorney immediately. They can handle the process of dealing with the negligent agencies while you work on recovering from your injuries.

Another dangerous road is located in the canyon areas in Southern Orange County called Live Oak Road. This road links Lake Forest to Trabuco Canyon, winding through overhanging oak trees and beautiful canyon landscapes. Unfortunately for Lake Forest resident Marc Daneo, this motorcyclist died last Sunday when he lost control of his Harley motorcycle. The area where he died was just south of Shelter Canyon Road, an area that is lined with makeshift memorial crosses and helmets. Unfortunately, he is not the only fatality in this area and although the CHP does monitor the speed limit in the area, it is obvious that many people are seriously hurt or killed on this road each year.

Three other dangerous roads here in Southern California are worth mentioning as well. California state road 138, also known as Pearblossom Highway in the Antelope Valley; the famous Route 66 in the Inland Empire and Interstate 5 between Barstow and the Nevada state line. All of the roads make the infamous list, “most dangerous roads in California” based on a MSNBC dateline special on dangerous roads in America.

As motorists, we do have a duty to remain alert and maneuver our vehicles correctly, but on the other hand, state agencies do have a duty as well to keep our roadways safe and prevent injuries. Most roadside fatalities and serious personal injuries are preventable. Examples such as proper road signage, warning of upcoming dangers, properly maintained shoulders, guard rails, pothole maintenance and proper banking angles on curves are just a few factors that, left undone, can make a general road into a dangerous road.

If you see a something on a roadway that appears to be dangerous, take a picture and send it to local authorities who are responsible for the transportation upkeep in your area. Let’s keep the pressure on those responsible so we can all enjoy a nice drive on our beautiful country roads here in Orange County.

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Posted In: Car Accidents , Injuries , Motorcycle Accidents , Truck Accidents

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The national average for seat belt usage is at an all time high-82 percent. In the Western states it is even better at 93%, but even as the fatality rate decreases as seat belt use increases, there are still too many avoidable fatalities due to restraint use in America. Even though all 50 states have some sort of restraint law for children, it is still the number one killer of children under 14.
Just recently a 5 year California boy was killed in a car crash because he had been sitting on his grandmother’s lap while she was driving. Although kids at this age like to do this, it is too dangerous to allow a child to go unrestrained in a car while driving. It was a tragic, preventable accident. If this boy had been a booster seat, he would be alive today.
So how does a parent know when their child is ready to move from a regular car seat to a booster seat? The government recommends car seats for children up to 40 pounds and booster seats for children between 40 and 100 pounds and they are 8 years old or 4 feet 9 inches tall. All booster seats should be placed in the back seat of the car. All children should ride in the back seat until age 13.
A recent study by the Insurance Institute for Highway Safety, IIHS recently studied the effects of booster seats and discovered that a number of the available popular brands do not adequately protect a young child in a automobile crash. In fact many are even the cause for serious bodily injury to the child. Of the 41 seats tested, 13 had a poor performance and are not recommended.
The IIHS booster seats that rated highest were: Fisher Price Safety Voyage, The Britax Parkway and Monarch, The LaRoche Bros, Teddy Bear, the backless, Graco Turbobooster, the backless Combi Kobuk and the Recaro Young Style. Volvo booster cushion and Safeguard Go when it's used as a backless boos
On the other hand, the Institute did not recommend: Compass B505, Compass B510, Cosco/Dorel Traveler, Evenflo Big Kid Confidence, Safety Angel Ride Ryte, Cosco/Dorel Alpha Omega, Cosco/Dorel (Eddie Bauer) Summit, Cosco Highback Booster, Dorel/Safety 1st (Eddie Bauer) Prospect, Evenflo Chase Comfort Touch, Evenflo Generations, Graco CarGo Zephyr, and Safety 1st/Dorel Intera.
The best advice for parents is to try a couple devices in their automobiles and see how they fit. The lap belt should fit flat across a child’s upper thigh, not across the soft abdomen, which is more likely to be injured in an accident. Severe personal injuries such a liver, spleen and other internal injuries are quite possible.
The National Highway Traffic Safety Administration issues ratings for child seats on its Web site: http://www.safercar.gov. In addition, if you would like to read the full study from the IIHS, visit www.iihs.org for further details. And remember, even if your booster seat did poorly in this evaluation, experts’ advise that it is still safer to have your child restrained than to have them not.
If you or your child has been injured in accident, please don’t hesitate to contact an experienced personal injury attorney immediately.

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Posted In: Car Accidents

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If you’re a parent of a teen, you know how difficult it is to get your child’s attention. However, California teens are now paying attention and are all worried now that lawmakers around the country are suggesting that the driving age be raised to 17 years old. From their perspective, their independence, rite of passage and freedom from the parents will be taken away from them. Basically they hate the idea!

This all began when the Insurance Institute for Highway Safety came out this month with a new report to save lives. Sounds like everyone can agree so far. The theory is that if they wait to give teens one extra year to mature, that it will bring down the high fatality statistics and injuries teen drivers have. However, some opponents argue that it is inexperience, not immaturity that causes teens to have such a high rate of personal injury crashes.

According to the Automobile Club of Southern California, the proposed regulation would work very similar to the current laws but with a few changes. Currently, teens in California can get a permit to drive at age 15 ½ and then get a full driver’s license at 16. With the new rules, you could still get a license at 16, but it would be provisional and it would only be a full license when the driver becomes 18. The details are still being worked out.

Across the country, age varies for driver’s licenses from state to state. For example, you can drive at 14 ½ in South Dakota but only at age 17 in New Jersey. States everywhere, including California, are trying to find a standard for all teens across the country. However, there are obvious difference between states, rural and urban setting, and other factors. Not all states are the same and either are kids. Nevertheless, since New Jersey rose its licensure age, it has had a 66% decrease in serious personal injuries among youth drivers.

Each year more than 5,000 teens die in automobile accidents and it is the leading cause of death for teens. Tens of thousands more have serious personal injuries. In fact a 16 year old driver has crash rates 10 times that of a 30-59 year old driver. Is it immaturity? Inexperience? A little of both? Statistics show that teens have higher rates of crashes due to factors such as alcohol, drugs and distractions such a texting and passengers.

In addition to teen crashes, this age group also has the highest rate of violations—a definite precursor to accidents-- in some cases. Speeding and avoiding signals are two of the most risky behaviors teens do with the exception of DUI’s. Teens are naturally overconfident when they get their first license and therefore take excessive risks that lead to violations and /or crashes. In addition to the above risky behaviors, many teens do not wear their seat belt. This is a cause of many fatalities when unbuckled kids are thrown from the crashed vehicle.
So far, only a few states like Florida, Georgia and Delaware have proposed legislation to raise the teen driving age to 17. Bills in Massachusetts and Illinois tried to raise the driving age to 18 but they have all failed. What will happen in California? No one really knows. One thing is for sure, we will be sharing the roads with teen drivers, so it’s important to stay alert and drive defensively.

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Posted In: Car Accidents , Injuries , Insurance Disputes , Motorcycle Accidents , Truck Accidents

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Are you really getting what you paid for. We all hear about the need to drink more water, and drink clear, clean water. That advice spurred small water bottle companies into huge corporations. But are you really getting clean water. Not necessarily. In a recent release of findings, Washington-based Environmental Working Group, an organization founded by scientists that advocates stricter regulation noted that at least two companies sold water that had high levels of chlorine and other contaminants. The price of bottled water should reflect efforts to clean the water first. Some providers simply bottle no better water than out of your tap. I suggest you research your bottle company and stay with one brand, if you feel that you need to have clean water. Otherwise, you are just getting ripped off by corporate greed.

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Posted In: Injuries

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Just as nervous commuters here in Orange County, Los Angeles, and all over California brave their way back onto public transportation this week, another train collides, this time with a bus. This time it was not a Metrolink train, but a “light rail” train. The accident is still under investigation but early facts are emerging that the driver of the bus was a mechanic that was “test driving” the empty bus and ran a red light. 15 people were sent to the hospital with personal injuries.

The light rail system is run in the state of California by the Metropolitan Transportation Authority or MTA. Los Angeles’s rail system includes multi-colored above rail lines that stretch across L.A. County. The train that crashed was the blue line that connects Long Beach with downtown L.A. Since 1990, there have been 821 accidents on this blue line and 90 fatalities. 652 of the incidents have been with other vehicles and 169 have been with pedestrians.
Most of the accidents have been due to human error of some kind; either from the vehicles trying to beat the train, pedestrians not looking both ways and train operators that were distracted. Since cell phone usage is now such a large factor in last week’s metrolink crash, investigators will be looking into this theory as well. In July of this year another California light rail incident in Sacramento involved another operator texting; this time with deadly results. This week the California Public Utilities Commission has banned all train operators from using their cell phone and texting while on the job.

Why does California have the deadliest train accident rate in the country? Generally there is not one reason that causes these types of accidents. Experts agree that it is normally is a breakdown of many operational processes; long work hours, improper training procedures, dysfunctional organizational systems and unreasonable workloads can all be factors. The National Transportation Safety Board will go through these accidents and ultimately come up with causes and recommendations. Hopefully the management in charge will comply and create better safety procedures for the public at large.

Besides trains, California also has the highest bus accident rate, with fatalities and personal injuries. Bus accidents have been steadily growing as more and more people move to public transportation for business and pleasure. Bus transportation, compared with driving an automobile is still safer than fighting the freeways, but it still has its risks. Last year there were over 1300 injury crashes involving buses in California.

Another popular trend for bus tourism is the “casino bus”. People from all over Orange County opt for less stress while travelling to Las Vegas and the California casinos. However, earlier this year there was a tour bus that overturned on the way to Vegas. Four people had to be airlifted because of serious personal injuries, but all had injuries. The bus driver had drifted to side of the road and somehow lost control of the bus.

If you have experienced any injury accident on a metrolink train, light rail, bus or casino tour bus, don’t hesitate to call an experienced personal injury attorney. These types of accidents can be very difficult to go through and settle, especially when you are recovering. Talk to the experts and let them handle the details while you get better.

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Posted In: Car Accidents

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