Southern California Injury Law Blog

If you’ve driven the freeways around Orange County lately, you’ve probably noticed that most of the Caltrans signs that reads “'Report Drunk Drivers. Call 911’. The Office of Traffic Safety (OTS) has received a 4 million dollar grant to assist 103 local California communities with special holiday DUI enforcement efforts. The reason is clear- each year over 17,000 people are killed in drunken driving crashes. An alcohol-related crash kills someone every 31 minutes and injures people every two minutes.

December is National Drunk and Drugged Prevention Month. Most drinking and driving unfortunately goes undetected with no consequences. In 2006 nearly 1.4 million drivers were arrested for suspicion of DUI, but that’s less than 1% of the 159 million Americans that admit to drinking under the influence. Unfortunately at this time of year, 50% of all crashes that occur on New Year’s Eve are alcohol related. That’s why it s a problem both here in Orange County and throughout California.

Just last week, the Automobile Club of Southern California came out with staggering new DUI statistics involving women. Since 1998, the number of women in California, aged 21-24 that have been involved in alcohol-related injury collisions is up a whopping 116%. For men the injury accidents were up just 39%, but that still means a lot of California drivers involved with DUI.
Another disturbing California trend was women who were killed or injured in this same type of DUI crash. The facts show a 46% increase of severe injuries or death. These are disturbing figures that leave analysts puzzled. Are young women emulating trendy stars like Paris Hilton and Lindsay Lohan? Are women just drinking more and not making coherent choices? No one knows, but now women are starting to drink at younger and younger ages and now more young girls are becoming addicted to alcohol.

This holiday season, there will be more checkpoints than ever. These DUI checks will cover Orange County from Huntington Beach to San Clemente. There is a growing trend of coastal cities being hotspots for social drinking, so in turn, that’s where a majority of the checkpoints will be.

Already this holiday season, we have had several DUI accidents here in Orange County, and one unfortunate wrongful death. The accident happened on the 55 freeway near Orange. A drunk driver slammed into the back of another car at over 85 mph and killed the other driver instantly. The drunk tried to flee the scene but was eventually caught by the California Highway Patrol.
Last year, Governor Schwarzenneger signed a bill that would strengthen the law against first time DUI offenders. The bill requires everyone getting a driver's license to sign a statement indicating they know that driving under the influence is dangerous and could result in death. The statement goes on to read that if they choose to drive impaired and kill a person, they understand they can be charged with murder. The bill had the backing of Mother’s Against Drunk Driving (MADD), the California Highway Patrol (CHP) and the AAA.
In the state of California, to be arrested for drunken driving means your blood alcohol content or BAC must be at level 08. Basically, this is just a figure that represents the percentage of alcohol that is present in the body.

If you or a loved one has been injured in alcohol-related personal injury case, don’t hesitate to contact an experienced attorney immediately.

Posted by Allen, Flatt, Ballidis & Leslie | Permalink | Email This Post

Posted In: Car Accidents , Injuries

Bookmark:

Holiday travel is in full gear this season, and with massive storms on both the East and West Coast’s this year, even our warm Orange County has seen snow on our local mountains. Weather always seems to be a factor in many accidents involving seasonal travelers, including yesterday’s accident of a Boeing 737 jet.

This Continental jet carrying 112 people skidded off the runway on take-off in Colorado and sent a chill to all prospective air travelers. Fortunately, no one died but 38 passengers had serious personal injuries and were transported to local hospitals. Not quite the joyous holiday news that you need right before you travel!

Air travel by a major U.S. carrier is still statistically the safest way to travel, although when an accident happens, it gets so much media press that we forget it is a safe mode of transportation. In fact, for the last two years (until yesterday), we had had no injuries reported on any U.S. major carrier in 2007-2008. That is impressive since we have over 10 million flights each year. If every personal injury accident involving automobiles were publicized no one would want to drive a car anymore!

In the last two years, The Department of Transportation has spent millions of dollars on new infrastructure projects; new runways, airport facilities and new air traffic control. This should eliminate many of the holiday season bottlenecks of holiday travel.

Although major airlines are enjoying some of their best safety record years ever, this cannot be said for International carrier, military jets and general aviation involving private pilots. Over the last month, Southern California has had a military accident involving 4 wrongful deaths, several “near misses” and a couple general aviation accidents.

If you plan on any international travel over the holidays, check out the safety record of some of the “local airlines”. Many of the international carriers have poor safety records and enticed travelers with low ticket prices. You can access this information by visiting the National Transportation Safety Board’s website at www.ntsb.gov/aviation.

General aviation, by definition are planes less than 12,500 pounds, have 16 times the fatalities that the general air carriers have. One reason is the experience level of the pilot. In 2005, general aviation had 632 deaths as compared with 40 commercial flights. This is still safer than the almost 43,000 auto accidents!

Takeoffs, landings, and weather, are the most vulnerable segments to general aviation accidents.

Takeoff is the phase of flight that accounts for about 20% of all accidents. It is also the most unforgiving. There is little altitude to maneuver and even less time to analyze a problem if one occurs. Whether it’s mechanical failure or some other factor, it’s essential to have a contingency plan, and this usually comes with experience and knowledge of your aircraft.

Weather is another huge factor in accidents. Weather is not an exact science and can change rapidly when flying in areas such as mountains, deserts and islands. Most accidents occur when the pilot travels too low to avoid the weather above, but the fact is, sometimes the bad weather. This may have been the factor in a Southern California pilot and his passenger this weekend. Sadly, they both were killed.

If you or your family has been injured in an aircraft accident, please don’t hesitate to contact a professional personal injury attorney. Unless there is a full investigation, you will not know whether it was pilot error, weather factors or mechanical malfunction. Get the best attorneys on your side, call Allen, Flatt, Ballidis and Leslie.

Posted by Allen, Flatt, Ballidis & Leslie | Permalink | Email This Post

Posted In: Injuries , Product Liability

Bookmark:

This morning, I woke up to hear of an accident on the 5 freeway, a big rig from Smart and Final that had crossed the center divider and struck cars in oncoming traffic. Also this is the third or fourth accident I have seen or heard of involving a big rig in 4 days. If you drive the freeways, you also have seen in the last four days, as I have, multiple serious auto accidents on the roadway.

In most parts of the country, drivers face rainy day driving without incident. There are less accidents in those cities and States than in ours. Why is that.

If my experience is anything like yours, the answer is simply stupidity. As I was returning from the office Monday in the rainy weather, I noted several drivers traveling at speeds that are normal for our freeways on dry sunny days. Weaving in and out of traffic and hugging the rear of the driver ahead, I could not help think that this was an accident waiting to happen. On an oil slick road, in inclement weather, why are they not thinking it would be safer to travel a little more cautiously?

Truck drivers are equally faulty. Stopping distances are greatly increased by roadway moisture, and oil that accumulates from cars all year long, Our roadway surface is like ice on our first rains. A big rig, that runs into and over a center divider, is simply traveling too fast for the conditions of the day. Unfortunately if you are at the wrong place at the wrong time, you will be a victim of this stupidity.

Please let us help if you are in a truck or car accident this winter. We can help you. We will make sure that you receive good quality medical care, your car is repaired properly, your wage loss is recovered and that this is done with the least amount of hassle to you. Call us for all your legal needs at 1 888 752-7474, In the mean time, do as I do, just shake your head and stay clear if you see these idiots on the road.

Posted by Allen, Flatt, Ballidis & Leslie | Permalink | Email This Post

Posted In: Car Accidents , Injuries , Truck Accidents

Bookmark:

According to the California Highway Patrol, CHP, there were 9,501 vehicles stolen in Orange County last year. Even though that is a 13 % drop from year 2006, we still lie in a dangerous area for carjacking and car theft. The National Insurance Crime Bureau list California as the leading state for car thefts.

Metropolitan Statistical Area (MSA) is a cluster of cities located in a geographical area. Orange County is included in the Los Angeles-Long Beach-Santa Ana MSA and we have more car thefts than any other MSA in the country. Second are the San Francisco-Oakland MSA and other California cities rank in the top 20. We live in a dangerous theft area and some thieves are so bold that they take your car while you’re still inside- carjacking!

Just a couple of weeks ago, there was another carjacking in the city of Costa Mesa. A young woman who is an employee of the Old Navy store near Bristol was ambushed while going to work. Her Honda Civic was stolen and later was involved in an automobile accident.
Honda Civic? Not exactly the “hot car” you would think car thieves would be after, but actually the 1995 Honda Civic is the most stolen car in all of the United States. Here in California, the most stolen cars are, in order of top rankings: Honda Accord, Civic, Toyota Camry, Acura Integra, Nissan Sentra, Toyota corolla/ pickup and Ford and Chevy’s pick-ups.
Carjacking usually take place in industrialized areas within 5 miles of the person’s home. Shopping centers, gas stations, car washes, convenience stores, ATM machines are among the many spots that thief’s stake out their victims. 92% of all carjacking involve some type of weapon and around one third of all victims experience some type of personal injury.
One popular carjacking scenario is bumping your car from behind. As you pull off to the side to exchange information, another accomplice, usually a “good Samaritan” steals your automobile. Carjackers almost always work in pairs so beware. Another typical ploy is at a stoplight or signal, they will jump out of another vehicle and enter your car on the passenger side or remove you from the driver’s side. This all takes place quickly so being alert is vital.

The best way to avoid being a victim is of course to stay focused on your surroundings. Keep your doors locked and if you go shopping at night, park under well lighted areas. Don’t park between two cars that are larger than yours as this is an easy way robber’s steal without being seen. Lastly, don’t try to struggle with them. They are pumped up on adrenaline and ready to steal your car.

Posted by Allen, Flatt, Ballidis & Leslie | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

Local authorities here in Orange County have been busy acquiring grants from the Office of Traffic Safety to expand their safe driving policies including adding more checkpoints and public education programs. Several cities including Costa Mesa and Newport Beach have been Orange County leaders in enforcing laws to prevent intoxicated drivers from driving our local streets and possibly causing serious personal injury to other drivers. We are now entering the holiday driving season and increase probabilities of experiencing an incident with a drunk driver.

Every 31 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. This is a main reason why since 1981, every President of the United States has demonstrated his commitment to preventing impaired driving by proclaiming December as National Drunk and Drugged Driving Prevention Month

Recent studies by the Center for Disease Control, CDC back up the claim that sobriety checkpoints during the holiday season do work and in fact, in communities where they have checkpoints, alcohol-related injury crashes are down 24%. A spokesman for the Costa mesa Police Department said that DUI’s are down significantly this year.

According to California statistics, each year nearly 130,000 persons are arrested for driving under the influence or DUI. Of those, only small percentages are repeat offenders. Actually most alcohol-impaired drivers-a whopping 80%-are actually binge drinkers. Although many people believe that only college student are binge drinkers, but this type of drinking is also prevalent with older adults as well.

A fairly new tool California and many other states are using is the ignition interlock device. Basically it is attached to your car and you must breathe into it to start your car. If the machine detects alcohol, it won't start. Once underway, the driver must continue to breathe into the machine to ensure uninhibited driving. Should it detect alcohol at any point, the car's alarm system will activate to notify police, and in some newer cases the car's engine may even shut down automatically.

A DUI arrest in the State of California means automatic suspension of your license; impound of your car, higher insurance 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 in your automobile. Not exactly the “added feature” one would like in the car.
If you are involved in an injury auto accident involving alcohol or not, don’t hesitate to contact a professional law firm such as Allen, Flatt, Ballidis and Leslie. Call us at 1 888 752-7474. We are experienced attorneys that will guide you through the maze of paperwork while you work on getting back on your feet.

Have a Happy Holiday season and remember to always designate a safe driver when attending a party of holiday function.

Posted by Allen, Flatt, Ballidis & Leslie | Permalink | Email This Post

Posted In: Car Accidents , Injuries

Bookmark:

Everyone enjoys the festive lights on homes here in Orange County. However, at this time of the year, falls from ladders and rooftops increase significantly at local OC hospital ER rooms. During November and December of each year, about 12,800 people are treated in hospital emergency rooms as a result of falls, cuts, shocks and burns related to holiday decorating. The most serious personal injuries come from falling off roves while putting up or taking down the lights.

One man that wasn’t so lucky was from Aliso Viejo here in Orange County. Christopher Shifter, went up to hang his Christmas lights and lost his footing and fell 25 feet down to the bushes below. He later died at the Mission Hospital from a traumatic head injury. Fortunately, most accidents don’t end so tragically, but depending on your age and health, any fall can be potentially serious. If you still want the beautiful lights on your home, consider one of the growing professionals who install Christmas lights for you. The prices usually range from $3-400 dollars, but it might be worth it.

The second major hazards during the Holiday Season are house fires. Besides falls, other holiday injuries can result from household fires due to numerous causes. Dry Christmas trees, candles, unattended cooking, fireplaces and wood stoves all can contribute to holiday’s fires.
CPSC estimates there are more than 14,000 candle-related fires each year, which result in about 170 deaths and $350 million in property loss. Dried-out Christmas trees are involved in about 200 fires annually, resulting in 10 deaths, and about $10 million in property damage.
When purchasing an artificial tree, look for the label "Fire Resistant." Although this label does not mean the tree won't catch fire, it does indicate the tree is more resistant to burning. When purchasing a live tree, check for freshness. A fresh tree is green, needles are hard to pull from branches and do not break when bent between your fingers. The bottom of a fresh tree is sticky with resin, and when tapped on the ground, the tree should not lose many needles.
Unattended cooking is the leading cause of home fires in the United States. It is easy to leave the stove “just for a moment” to answer the door or attend to a holiday guest. Try to always turn off the range each time you leave the kitchen and keep a fire extinguisher within reach at all times.

As temperatures fall this time of the year, residents all over Orange County bundle up in their homes and use fireplaces for more than decorative accents. However, if you haven’t used the fireplace in awhile, make sure to have your chimney flutes inspected and cleaned by a professional. In addition, check the damper to be sure it is open before lighting your fire. Lastly, always have a screen to prevent hand burns and flying ash.

For a full list of safety tips, you can download a free brochure with holiday decorating safety tips at CPSC’s web site www.cpsc.gov/

Posted by Allen, Flatt, Ballidis & Leslie | Permalink | Email This Post

Posted In: Injuries

Bookmark: