Southern California Injury Law Blog

Alex’s friend, Branden, while not in juvenile hall detention, goes to local Southern California schools as a part of the “Youth in Court” program and talks to students about his poor choices and how he killed his best friend. Is this enough to satisfy the family of the teen killed, or convince those others not to do the same thing?

Instead of going to prom and graduating, young teens like Alex and over 700 other kids annually lose their lives by either driving drunk or getting in a car with friends who had been drinking.

Branden and Alex, both popular kids who were looking forward to receiving lacrosse scholarships, were at a senior party. After 8 or 9 beers, they both got in Branden’s car, along with two other boys and raced through San Diego until he ran off the road, into a fence, trees, and bushes before rolling over. The three other boys in the car were not injured but Alex’s head had blunt force trauma. He later died.

Alcohol is the number one drug problem among youths, killing more young people than all other illicit drugs combined. More than 6,000 young people die each year due to underage drinking. In 2005, 2,035 15-20 year olds were killed in alcohol-related traffic crashes—an average of six deaths per day. Of those deaths, 1,387 youth aged 15-20 died in crashes involving a 15-20-year-old alcohol-impaired driver.

Does this program offer more for the youth than a period of incarceration? Killing another is a very serious offense and placing them in jail or an institution sends a clear message to other teens at the school that this type of activity is not cool and will cause you to be jailed. What message do we send when the teen only has to attend a special program at school? Shouldn't he have to pay financial reparations to the family for taking a life? Read other stories of Drunk Driving punishment and compensation that society demands be awarded.

On the other hand, placing a boy in jail for an extended period may cause him to turn to a life of larger crime, as often the stigma and treatment at our jail systems breeds multiple offenders. As a Mission Viejo auto accident attorneyy, I see the devastation drunk drivers cause to a family. Until the parents and teens start to realize the danger and fear the consequence, there will be very slow change.

Another excellent program that has been developed by Mothers Against Drunk Driving, (MADD), travels around the state to educate teens of the dangers of underage drinking. In April 2010, the program will be at several Orange County high schools, including El Toro High school in Lake Forest.

The MADD program is called “Every 15 minutes”. The statistics are stark. Each 15 minutes someone dies from an alcohol-related crash in the United States. With cooperation from the Orange County Sheriff’s Dept, Mission Hospital and the CHP, a mock accident scene is created on the campus. Bloodied kids, gravesites, and DUI arrests are all designed to educate kids that one bad decision can destroy the rest of your life, or someone that you love.
In a recent teen survey, over 80% of 12th graders stated that they had tried alcohol in the past year and 66% had drunk alcohol in the past month. Alcohol is the drug of choice for most teens and that’s why there’s’ a lot of underage drinking going on.

Additionally, some startling new data on how teens are getting their alcohol—their parents. Parent’s often feel that alcohol is not a drug and they would rather their kids s drink in a home with supervision, rather than in a parking lot somewhere. In fact, some parents even enjoy playing bartender.

Mission Viejo was the first city in Orange County that passed an ordinance prohibiting underage drinking in private residences. If caught, an adult could face a fine of $1,000 and up six months in jail. Of course you may be liable as well if the teen leaves your house intoxicated and drives recklessly.

If you have been victim to a drunk driver and do not think it is appropriate to slap that person on the hand, see this web site for articles and information to help you review your rights.
Don’t drink & drive!

You purchase insurance (or it is provided to you by your employer as part of your compensation package). You, either directly or indirectly, pay the premiums. You are injured, and the insurance policy pays for medical treatment related to your injuries. Most people at this point would typically assume that the insurer has done what they were hired to do and that will be the end of it. On the contrary, oftentimes it isn’t. In California, insurance policies typically have buried within their boilerplate provisions what is known as a “right to reimbursement.” It gives the insurance company a right to seek reimbursement for the expenses they have paid on your behalf from any third party who has caused you injury. “Right to reimbursement” clauses are outlawed in many states, but is permissible in California so long as the insurance contract is clear and precise in its language.

It sounds innocuous enough: why should an insurance company have to bear an expense caused by a negligent third party? In operation, however, it is one of the most nefarious aspects of the California insurance industry. In catastrophic injury cases, it threatens to derail the entire notion of what people expect from insurance companies. It isn’t really the Defendant who is reimbursing the medical provider, it is the insured.

The “right to reimbursement” and the right to proper treatment comes directly from what the injured person would have received the negligent third party that injured them. In essence, the insurance company is reimbursed in whole or in part, and the insured is left with a significantly reduced recovery, or occasionally no recovery at all. For example, in cases involving insurance provided by your employer, the Supreme Court of the United States has ruled that the medical plan is entitled to 100% reimbursement before the insured receives a single dime.

The core question becomes: what was the point of buying insurance? If one’s recovery is reduced or eliminated due to the insurance company’s priority claim, then was the benefit earned by paying the premiums? “Rights to reimbursement” undermine the entire notion of insurance. The idea of purchasing a policy is to ensure that someone else pays for your catastrophic damages. If the insurance company is receiving a significant reimbursement, the poor, injured insured is essentially filing a lawsuit, litigating his claim, and negotiating a settlement only to turn around and give the funds to an insurance company who was paying out benefits for which premiums had already been paid. Such a system shocks the conscience, and it is surprising that significant attention hasn’t been given to this situation by the Federal or California legislatures. Then again, lobbying clout and donation dollars primarily flow from coffers of large insurance companies. Coffers that swell, in part, from recouping from injured insureds funds that should be helping injured citizens get back on their feet.

For Fountain Valley and Newport Beach auto accidents lawyer info, please visit our Orange County motorcycle accident sites at accident and injury web site for more information and articles on your rights and ability to recover for your injuries.

Operation Twisted Metal” , a three year investigation completed with the arrest of fourteen individuals caught staging car crashes. This joint effort included several organizations: FBI, California Department of Insurance, San Diego Police Department, the Immigration and Naturalization Service and the National Insurance Crime Bureau.

According to the National Insurance Crime Bureau, many types of insurance fraud have rapidly increased in the past two years since the recession began. Staged car accident cases are up 34%, suspicious car thefts/fires are up 27%, as well as many other doubtful insurance claims.

There are estimates that staged accidents here in California cost the taxpayer, on average, about $200 million a year. The Los Angeles metro area ranks third nationwide in staged accidents; behind Tampa and Brooklyn. It seems hard to imagine that people would intentionally get into an auto accident and risk personal injury.

Recognizing some common staged accident schemes can assist you in potentially avoiding these types of situations. “Hammer & nail” and “Swoop and Squat” are two of the most common staged car accidents.

The “hammer” car is generally the car causing the impact. It is often abandoned after an accident. The “nail” car is usually filled with passengers who then file inflated claims to their insurance companies.

The “Swoop and Squat” usually involves two cars and they frequently target a single occupancy automobile so there are no witnesses to the collision. The “squat” car usually contains two people, and then positions it in front of the victims’ car. Then they slowly close the distance between you and the other vehicle. Then the “swoop” vehicle quickly changes lanes in front of the “squat” vehicle and stops suddenly. The innocent party rear ends the “squat” car and the “swoop” vehicle typically leaves the scene. The suspects in the “squat” vehicle innocently state that “this vehicle came out of nowhere and forced me to brake”.

Here are a few tips if you suspect you have been in a staged accident:
· Call the authorities immediately
· Stay at the scene until a police report has been filed and do not accept responsibility for the accident.
· Get as much information as possible; driver’s license numbers, names, addresses, count the individuals in the other car and note injuries and
· Take pictures with your cell phone. Often times these professionals will dispute the injuries, car damages and the number of persons involved.
· Allow plenty of space between your car and the car ahead of you. This will give you ample time to stop if the car in front of you suddenly jams on its brakes.
· Look beyond the car in front of you while driving and be defensive. Apply your brakes slowly if you see traffic slowing.
· Try to keep a pen and paper handy and write as many details about the accident, if possible.
· These schemes typically target owners of new cars, older drivers and solo occupants of vehicles.

Most importantly, do not believe for one minute that all Los Angeles and Orange County accidents, lawyers and doctors participate in such scams. An an auto accident attorney's office in Orange County with over 35 years experience, we know these arrests represent less than 1% of all claims. I applaud the agencies for delivering justice, but most accidents and victims are really hurt from accidents. We need to make sure they receive fair compensation. Call us if you have been the victim of an accident at 1 866 981-5596.

Orange County has a mild climate throughout most of year and we have one of the highest concentrations of pools in the country. However, in California, drowning is the leading cause of death in children under the age of 14 and it is a silent killer.

Last month the media reported on a near drowning of a toddler from Los Angeles. Far too often we read about senseless deaths and serious injuries to children due to the fact that responsible adults were not watching the pool. For each child that drowns, four are hospitalized for near drowning trauma. Near drowning episodes can cause serious personal injury such as hypoxia, or lack of oxygen to the brain which in turn can cause permanent serious neurological disabilities.

A child can drown in as little as one inch of water, and drowning is usually quick and silent. After as little as two minutes under water, a child will lose consciousness and within four to six minutes, irreversible brain damage most likely will occur.

In addition to the drowning danger in pools, prior to last year there were several serious pool accident injuries in Orange County, disembowelments and even deaths involving pool drains. The Virginia Graeme Baker Pool and Spa Safety Act requires all public pools in the United States to install anti-entrapment drain covers.

The new federal regulation has caused a lot of confusion among homeowners’ associations and public pools which feel that they can’t afford the upgrades and new construction costs to meet the guidelines. Orange County has about 7,300 public pools and there are no guarantees all will be in compliance this year. As of September of 2009, only half of Orange County’s pools had submitted paperwork to prove there were compliant.

One Seal Beach man tested his condo complex’s new drains with unsettling results. He has two children so he wanted to test the new drains for himself. He dove down to lie over the new drain and found his trunk area sucked onto the grate. Luckily he was strong enough to push himself away but what if this had happened to a small child? Would they panic or think quickly to push themselves away?

Since this new ruling does not apply to private pools, parents need to advise their children to stay away from the strong suction around drains. Loose fitting swim suits, long hair and thin body parts can all become entangled in hot tub or swimming pool drains.

If you are a pool owner, you can be held liable if someone is injured in your pool. Here are a few safety tips to consider:

· Always have a dedicated adult watch swimmers at all times
· When pool is not in use, consider installing a gate or fence to protect children from entering the pool area
· Keep a phone outside during swim time to avoid the temptation of answering it inside.
· Don’t use floating chlorine dispensers that look like toys.
· Teach children after 4 years of age how to swim, float and get out of the pool.
· Don’t depend on flotation-type “float ties” as a substitution for child safety
· As a pool owner, stay current in infant CPR and first aid.

James Ballidis is an attorney with Allen, Flatt Ballidis and Leslie, a firm dedicated to helping Orange County residents that are injured in an accident or de to the negligence of others. Call 1 866 981-5596 if you need help with an injury accident.

Orange County has a mild climate throughout most of year and we have one of the highest concentrations of pools in the country. However, in California, drowning is the leading cause of death in children under the age of 14 and it is a silent killer.

Last month the media reported on a near drowning of a toddler from Los Angeles. Far too often we read about senseless deaths and serious injuries to children due to the fact that responsible adults were not watching the pool. For each child that drowns, four are hospitalized for near drowning trauma. Near drowning episodes can cause serious personal injury such as hypoxia, or lack of oxygen to the brain which in turn can cause permanent serious neurological disabilities.

A child can drown in as little as one inch of water, and drowning is usually quick and silent. After as little as two minutes under water, a child will lose consciousness and within four to six minutes, irreversible brain damage most likely will occur.

In addition to the drowning danger in pools, prior to last year there were several serious injuries, disembowelments and even deaths involving pool drains. The Virginia Graeme Baker Pool and Spa Safety Act requires all public pools in the United States to install anti-entrapment drain covers.

The new federal regulation has caused a lot of confusion among homeowners’ associations and public pools which feel that they can’t afford the upgrades and new construction costs to meet the guidelines. Orange County has about 7,300 public pools and there are no guarantees all will be in compliance this year. As of September of 2009, only half of Orange County’s pools had submitted paperwork to prove there were compliant.

One Seal Beach man tested his condo complex’s new drains with unsettling results. He has two children so he wanted to test the new drains for himself. He dove down to lie over the new drain and found his trunk area sucked onto the grate. Luckily he was strong enough to push himself away but what if this had happened to a small child? Would they panic or think quickly to push themselves away?

Since this new ruling does not apply to private pools, parents need to advise their children to stay away from the strong suction around drains. Loose fitting swim suits, long hair and thin body parts can all become entangled in hot tub or swimming pool drains.

If you are a pool owner, you can be held liable if someone is injured in your pool. Here are a few safety tips to consider:

· Always have a dedicated adult watch swimmers at all times
· When pool is not in use, consider installing a gate or fence to protect children from entering the pool area
· Keep a phone outside during swim time to avoid the temptation of answering it inside.
· Don’t use floating chlorine dispensers that look like toys.
· Teach children after 4 years of age how to swim, float and get out of the pool.
· Don’t depend on flotation-type “float ties” as a substitution for child safety
· As a pool owner, stay current in infant CPR and first aid.

James Ballidis is an author and personal injury attorney in Newport Beach, California. For information on personal injury accident rights, free books on finding the right attorney for you and How to manage your claims without an attorney, cal 1 866 981-5596 or visit his firm web site.