Southern California Injury Law Blog

Winter brings weather changes to our otherwise sunny California. In Orange County, early morning dense fog along the coastline starts appearing during the morning commute and in the inland valleys, Tule fog can develop without warning. Tule fog is technically radiation fog, but whatever you want to call it, various types of fogs are responsible for motor vehicle accidents at this time of the year.

Last year there was a massive 100 car pile-up in California’s Central Valley due to heavy fog. Within an hour’s time, the visual distance while driving went from 2 miles to about 200 feet. Dozens were injured and two people died in this tragedy. This week, a judge sentenced Morris Taylor, the driver most responsible for the pile-up, to one year in jail and three months probation. The main reason he didn’t receive more jail time was that the California Highway Patrol concluded that he was just one of many people speeding that day in the fog and there was plenty of blame to go around.

Last year in California there were over 951 injuries and 57 deaths due to fog-related auto accidents and over half of those incidences occurred over the November through March time period. Since many of these huge pile-ups occur because of excessive speeds, it is imperative to slow down. In many instances, fog can literally appear quite quickly.

In addition to slowing down, the San Joaquin Valley is setting up a new $12 million dollar fog alert system to expand their safety goals. This new system will include the use of weather stations, vehicle motion detectors, visibility sensors and closed-circuit cameras to monitor weather and traffic patterns. The new fog technologies are strategically placed along several miles of California Highway 99 and if all works well, all of the sensors and cameras should be integrated.

Once a problem is detected and fog begins to appear on the highway, the sensors will alert the cameras and then within 30 seconds, alert messages would soon appear on the giant message boards. The CHP and the community are hoping that this will prevent a huge car pile-up and prevent unnecessary personal injury. A similar system built in 1996 near Stockton, California helped reduce the number of crashes in that area by 70%.

Have you been injured in a weather-related automobile accident? If so, then you need to speak to a professional personal injury attorney as soon as you are able. A good attorney will assist you in the complicated ordeal of fixing your car, getting appropriate medical care and of course, dealing with your insurance company. You need a professional advisor on your side to worry about the details while you recover. Call us at 1 888 752-7474.

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Posted In: Car Accidents , Injuries

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Black Friday. The crowds of seasonal shoppers are racing for holiday bargains and this year, it has become an event causing serious injuries and even death. Black Friday is the traditionally the start of the holiday shopping season, the Friday after Thanksgiving Day. Retailers hope to turn their balance sheet from red to black during this season.

A California toy store was the scene of a horrific tragedy. Although the desert community police department is still investigating this crime, it appears that two families got into a dispute over a toy and both men took out their guns simultaneously and shot each other. As you might imagine, this toy store was full of children and adults and there was screaming and crying all over the store. Kids were heard crying, “I don’t want to die”. What a horrible start to the holiday season for these families.

The other shocking incident was in a Wal-Mart store on Long Island, New York. The store put temporary employee, Jdimytai Damour in front of the store window to prevent hoards of energized shoppers from moving too quickly once the doors were opened that morning. Unfortunately, even his 6 foot, 5 inch, 270lb frame could not stop these crazed shoppers that broke down the electronic doors and crashed through the building to get to the low priced bargains. The untrained employee never had a chance. Damour died of “positional asphyxiation”, which was caused by thousands of shoppers literally trampling him to death.
In addition to the employee’s death, at least two dozen shoppers were injured, some seriously, including a pregnant woman who went into labor early. What happens to people that they get so enticed by the image of getting a super bargain that they lose respect for their fellow man? No one quite knows the mob-like mentality that consumes shoppers at 5:00 in the morning, but one thing is sure, a few people are now suing the store.

The family of Jdimytai is suing the store and the shopping center for wrongful death. Not only was this employee only on the job for one week, he was not trained at all in crowd control. And although there was security inside the store, they were not positioned outside where they were supposed to be. This event was not properly organized by the store and there is tremendous negligence on the part of Wal-mart. No one should have to die being trampled by thousands of screaming shoppers.

During the holiday season, retailers have many options opened to them to prevent such tragedies, such as distributing vouchers or having security allow people in the building in an orderly fashion. There is no excuse for employees dying on the job in lieu of profits.
Holiday shopping is in full swing here in Orange County and hopefully nothing that terrible will happen here. But if you have been injured in any type of accident, you need to call a professional personal injury attorney as soon as you can.

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Spinouts, SigAlerts and slick roads can only mean one thing in Orange County—we’ve received the first major rain storm of the season! We typically get our first rain in Southern California in November, on average, receiving little to no rain from April to October. However, after months of dirt and oil accumulation on the roads and so when it does rain, our roads become very dangerous for motorists and often contribute to serious personal injury accidents.

California Highway Patrol (CHP) estimates that car accidents typically double or triple during the rainy season in here in Southern California. The main reason is that people don’t alter their driving behaviors and keep driving as fast as they would normally drive. Slowing down and keeping more than the normal one car length for every ten miles and hour saves lives and keeps you safe. Here are also some tips to be aware of.

Skidding and Hydroplaning in rainy conditions are often the result of driving on wet roads. Skidding can be prevented by slowing down, especially on curves on transition roads and overpasses. These surfaces are often built at curving angles and may cause slipping and skidding issues for automobiles.

Besides driving more slowly, motorist must also be aware of driving through puddles too quickly. Yes, it’s always fun to watch the big spray of water coming from the car, but this can lead to water getting into the engine compartment and causing it to stall. If you do drive through an unexpected puddle, check that your brakes are working properly by tapping them gently a few times after you exit.

Lastly studies have shown that most motorist change their wiper blades every two to three years. Your wipers should be changed twice a year due to our extreme weather conditions. There’s nothing worse than driving in the rain and you turn on the wipers only to get see it shred in front of your eyes. Make sure tires are in good condition and are at the recommended inflation level. Driving with bald tires on a slippery surface is a major factor in skidding. Tires should have at least 1/32nd of an inch tread depth at any two adjacent grooves, the minimum allowable by law. Driving on tires that are over-inflated or under-inflated is also extremely dangerous on wet pavement.

If you have been injured in one of the hundreds of recent motor vehicle accidents during our recent rain storm, don’t hesitate to contact a personal injury attorney firm like Allen, Flatt, Ballidis & Leslie immediately. You can call us at 1 888 752-7474. Whether you are seeking help for a property damage issue, injuries or just inquiring on your legal rights, selecting the right firm can make all of the difference. Allen Flatt, Ballidis and Leslie has over 30 years experience serving the communities of Orange County, California. Call them today for a free consultation.

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Schools are back in session across Orange County and children everywhere are playing on sport teams both after school and on weekends. More than 30 million children and teens participate in some type of organized sport here in the U.S. About 3.5 million of those children will experience some type of personal injury. In fact over 1/3 of all injuries that children experiences are sports related. But all sports are not created equal and neither are the injuries. There is potential for injury in all sports and as a parent, you can be aware of the types of injuries that are common in that sport and monitor the coach, the team interactions and of course, your child. Save yourself a trip to the attorney by implementing these safety plans to avoid personal injury

Although death from a sport injury is rare, the most serious type of sport related injury is the brain injury. 21% of all kids who participate in recreational activities will experience some type of head trauma. This type of accident is very serious because it has long-lasting effects throughout your time. As children grow older, so does their aggressive behaviors and goals for scholarship $$$.

A recent study just released from the National Center for Catastrophic Sport Injury Research (NCCSI) concluded that the most dangerous sport for girls is cheerleading. Yes cheerleading! Since cheerleading is not regulated, it is not considered a “real sport”. Today’s cheerleaders are tossed high into the air, twirl and experience risky gymnastic-style stunts but that was not always the case.

Cheerleaders suffered 65% of all high school girls sports injuries and since 1982, 67 fatal or life-threatening injuries have occurred—not your mother’s cheerleading squad. One California college student, Jessica recalls being tossed into the air 15 feet, when she looked down in horror. Her teammate that was supposedly going to catch her had lost his balance and fell backwards. She landed head first on the ground and broke her back in two places. The doctors told her she was millimeters away from paralysis.

Overall, most kids in high school get through with just some bruises and sprains. Since 62% of all organized sports-related injuries occur during practice, it’s a good idea to make sure the coach implements a good warm up phase and does not push the kids beyond their limits. Children of the same age and weight, but who are less developed are at greater risk for personal injury.
Can you guess which sports have the most injuries? You might be surprised. The National Electronic Injury Surveillance System, NEISS, tracks sport-related injuries and reports any emerging patterns to appropriate agencies. The most dangerous sport in terms of injuries, are in descending order: basketball, biking, football, ATV riding, baseball/softball.

Although, some sport injuries are unavoidable, some are preventable by wearing appropriate safety equipment, such as helmets, shin guards and proper clothing. Also staying active year around will help keep muscles flexible and your mind alert.
If you or a loved one has experience a serious personal injury of any kind, call an experienced attorney immediately. They will be able to answer all of your questions and assist you through the process of recovery. Call us anytime at 1 888 752-7474.

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Just this week in Orange County, we had a few big rig accidents that closed local highways and caused serious personal injuries to the passengers in these cars. Trucker accidents are on the rise and there are multiple reasons. Normally truck accidents are associated with speeding, blown tires or weather problems. However a new study by the National Transportation Safety Board, NTSB, has concluded that many trucker and bus accidents are actually caused by sick commercial license drivers actually experiencing seizures, heart attacks and unconscious spells behind the wheel.

According to the Truck Safety Coalition, www.trucksafety.org/ , more than 5,300 people are killed each year and over 10,000 are injured in truck-related crashes. Additionally, 98% of the fatalities involving trucks and automobiles are the occupants in the car. Since 1982, over 126,000 people have killed in large truck crashes and several thousand more have experienced severe personal injury.

Since 2001, the U.S. agency responsible for cracking down on unfit drivers, the Federal Motor Carrier Safety Administration, have acknowledged that they haven’t completed any of the eight recommendations that the U.S. lawmakers have proposed. One of the most important ones is that there be a minimum medical standard of safety to drive. Many drivers tend to “doctor shop” if they have a medical problem that would otherwise prevent them from obtaining a commercial driver’s license.

Gerald Donaldson, a highway and auto safety expert recently stated that we have a major safety problem on our nation’s highways. House lawmakers are currently trying to merge databases containing commercial licenses and medical certificates. This is no easy battle and there are many in the trucking industry that opposes this issue.

Close to 10% of all truckers on the road today are also eligible for disability benefits. Recent accidents in California and other states include drivers under the influence of illegal substances, a driver with lung disease and experiences “blackouts”, undiagnosed sleep disorders, seizures, and other serious medical conditions. This is in addition to the drivers who use excessive speed and who are typically overworked and tired—this is a deadly combination.

Last month a California bus driver named Quintin Watts was arrested for driving, possibly under the influence, of some type of drug. He not only had a lengthy criminal record and a history of substance abuse, he did not have the proper commercial license to be transporting a bus load of people. The bus crashed, killing eight people and causing serious injuries to 30 others. Witnesses reported that he drifted into the other lane of a two-lane rural road, then overcorrected and subsequently rolled over and ended up in a ditch. This is one example of a preventable tragedy that did not need to happen. If transportation companies and regulators did their jobs performing proper background checks, including checking for appropriate licenses, this could have been averted.

With all of the trucker problems today, congress is considering increasing the load requirements to allow even bigger rigs on the highways. Many highway safety groups and citizens for auto safety naturally oppose such legislation. Lobbyists for the trucking industry propose increasing loads from 80,000lbs to 97,000lbs, even though scientific evidence is clear regarding safety issues of larger trucks on the road. Longer stopping distances, more difficult controllability and bridge safety are all public concerns.

Have you been injured in an accident involving a truck or bus? Contact an experienced personal injury attorney specializing in truck accidents at 1 888 752-7474. We can help you through your ordeal. Our office has handles a number of large injury cases involving trucks in the last 25 years and we specialize in recovery for truck accident victims. Call today.

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Since 1884, Americans have been “falling back” to standard time at this time of year. The change was meant to produce energy savings for the country, but in reality, it usually leaves the average person feeling tired and fatigued. Studies have shown that there is a definite spike in pedestrian and motor vehicle accidents during the first two weeks following the Daylight Savings Time switch.

There are several recognized studies that conclude on average a 5-10% increase in motor vehicle accidents the week directly after the time change and twice as many auto accidents during the evening rush hour commute. In fact the Monday after the time change has a significant increase of accidents, most of them due to sleepiness. Shifting our circadian rhythm or biological clocks, it releases hormones that allow us to sleep more soundly. In reality, we are losing two hours of sleep; going to bed one hour later and two, we get up an hour earlier. No wonder we are more tired! The most affected individuals are traditional commuters. It will take the average person at least a week to change their “internal clock” back to where it should be.

Here in California, statewide crash analysis data confirms that there is an upward trend of motor vehicle crashes immediately following the clock change in fall. The peak day for accidents is Monday. Naturally drivers are commuting in the dark instead of the day light and that impact the driver’s reaction time. Statistically, accidents in California go down during the spring when we go back to Daylight Saving Time.

Pedestrian accidents are up a staggering 300% during the week after returning to standard time as well. Here in Orange County, more people than ever are utilizing public transportation due to high gas and vehicle maintenance costs. These types of accidents frequently cause serious personal injury and usually the person looses the battle between vehicles. If you typically walk during the early morning and evening hours, be extra cautious during the week following the time change.

Unfortunately, there is nothing you can do to improve your vision at night; in fact, one’s night vision deteriorates over time. For example, a 50-year-old needs about twice as much light to see after dark as a 30 year old. Even young people who otherwise see well often suffer from a condition called night myopia. This tends to be a factor in low-light or dark conditions. Experts advise drivers to reduce speed while night driving and be extra cautious for pedestrians or bicyclists that may not be readily visible.

Additionally, besides automobile safety, falling back to standard time is a good way to remember home safety as well. Many homes use this time of the year to check batteries in the smoke and carbon monoxide detectors. Also, check your fire extinguishers to be sure they are registering in the green zone.

Finally, if you have sustained any type of personal injury in this type or any type of accident, contact one the best law firms in Orange County, Allen, Flatt, Ballidis and Leslie. Call us at 1 888 752-7474 if you need advice on an accident caused by a driver described herein.

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