Southern California Injury Law Blog

It comes as no surprise to a California Injury Lawyer that half of the most dangerous roads in the United States are in California. In fact, the three most hazardous are in Los Angeles county. A new study from the Scripps Howard News Service, based on U.S. Department of Transportation statistics confirms these recent findings.

This study evaluated 562,712 fatal automobile accidents between 1994 and 2008, and concluded that there was a pattern of accidents on certain American highways. Number one on the list was I-15 in San Bernardino, California, the segment which connects southern California to Las Vegas. This highway had 834 accidents and 1,069 deaths. Riverside County’s I-10 had 440 accidents with 515 deaths. In third place is the I-5 through Los Angeles County with 494 deaths.

Here in Orange County, the I-5 corridor that connects Sand Diego to Los Angeles is the most hazardous. However, as in most states, the major highways are not as dangerous as smaller state highways, county and municipal roads. Specifically, 71% of serious accidents involving fatalities happen on these types of roads.

Ortega Highway or Route 74 in Orange County is one our most scenic, but dangerous roads. Just last month we had another car go over the side of the embankment, falling 30 feet. The motorist miraculously survived the fall but it also creates concern for the general public of road safety. Each month there is either a motorcycle accident, head-on collision or some type of accident on Ortega Highway, a road of death and motorists are asking why some of these roads are not maintained better.

In addition to maintaining state highways and municipal roads, better engineering needs to be planned into newer highways. Replacing dangerous intersections, safer medians, rumble strips and better guard rails could save thousands of lives.

In past years, factors such as speeding, drinking and unfastened seat belts were main causes in fatal motor vehicle crashes but recently the trends of “unexplained” causes are on the rise. Maybe distraction or maybe unreported safety situations are causing untimely accidents.

Until now, there has been no nationwide reporting system that could identify hazardous driving areas. Specifically it is left to local governments and community groups to expose dangerous roadways. As a part of the Scripps Howard “killer roads” project, they have created a website that the public can complain about dangerous situations. They in turn will pass this information on to local authorities. You can access this website at www.scrippsnews.com/killerroads/complaintform.

Report hazardous conditions whenever you can to help create a safer environment for driving. We know as California Injury Lawyers, that to win damages for victims of poor maintenance, we must prove that the State knew of the dangerousness. Since they won't keep these records accurately for us, report is yourself. You may just save a life and your own.

It has been seven months now since the Xcelerator ride at Knott’s Berry Farm was shut down after two persons were injured in an accident. Cal OSHA officials have thoroughly investigated the ride and now confirm that it is safe to operate and the ride will reopen on May 3, 2010. On the other hand, could Knott’s have avoided this accident altogether?

As A California Injury Lawyer, we think so, and State inspectors agree that with a more thorough inspection schedule, this accident would never have occurred

In addition to Knott’s Berry Farm being nearly three weeks overdue for the ride’s inspection. This can be common among large ride concessionaires, as we have learned through our representation of clients in our capacity as a California injury lawyer . As noted in other cases, Intamin AG, the rides manufacturer was found equally culpable due to the fact that they supplied unclear inspection instructions. Knott’s maintenance claims that their need for further explanation of routine maintenance was ignored by Intamin.

Intamin has been implicated in other cable accidents such as the Cedar Point Dragster and the Six Flags Tower of Power ride where a 13 year old girl lost both feet. However, even though the cables were manufactured by Intamin, the major fault in both cases was placed on the park’s poor maintenance.

KBF’s accident occurred on September 16, 2009 just after the train had left the station. The cable snapped from normal wear and unfortunately, a 12 year old boy suffered leg lacerations and another man complained of back pain.

The Amusement Park industry is a highly lucrative and competitive business that last year had estimated revenues of $11.5 billion. The majority of the larger parks are dominated by large corporations and they are not regulated by the federal government. HR 2320 has been stalled in congress and if passed, would close a huge loophole that allows federal safety oversight in a majority of the country’s major theme parks.

According to the Consumer Product Safety Commission figures, amusement park serious injuries have doubled over the ten years. Approximately 100,000 people were treated in emergency rooms for amusement park injuries. It’s not surprising that half of all injuries and ¾ of all falls and ejections involve children under the age of 13.

Since California has such a high concentration of theme parks, its officials conduct yearly, 3-part inspections of every amusement park ride. This includes unannounced inspections, safety record audits, and observation on whether the ride operators are enforcing safety rules.
Even with these inspections, it is important that parents monitor their children in these parks to ensure a safe day. Here are a few safety tips:

· Keep your head facing forward at all times during fast/wild rides. Studies have shown that some neurological injuries can occur by turning your head at the wrong moment. (Change of direction or acceleration).
· Obey height and weight minimums and maximums. The park isn’t trying to punish younger children but they do care about safety. Talk to your children about the consequences of bad behavior.
· Point out safety features such as seatbelts, lap bars, grab bars, and warning signs. Explain how the safety equipment works, and what its purpose is. Parents should pay close attention to rides that use a single lap bar for multiple riders, as this presents a special hazard to young children. Single lap bars are designed to fit closely against only the largest passenger in the car, leaving smaller riders unprotected.

. For a complete list of safety tips, visit saferparks.org/.

Although five years has passed since the high profile death of Terry Schiavo, still only 20% to 30% of all adults actually have end-of-life plans; living wills, medical directives, power of attorneys and other tools that help the surviving family members cope with major decisions that will need to be made.
As you might recall from the Schiavo case, family members all had different stories of what Terry “would have wanted”, and the family and attorneys ended up at the Supreme Court. Unfortunately, just speaking your desires to your husband or wife does not automatically ensure that your requirements will be honored. It must be stated in writing to ensure that your needs are fulfilled the way you prefer.
Specifically, the Advanced Health Care Directive, along with a living will, is the best way to make known your health care wishes if you are incapacitated and can’t communicate your requests. See our will and trust site for free and thorough information about these topics
In order to promote awareness of this difficult to discuss topic, Friday, April 16, 2010 is being promoted as “National Healthcare Decisions Day”. In a recent study by the National Healthcare Decisions Day Coalition, NHDD, more parents would rather discuss drug use or sex with their kids rather than speaking to their parents or kids about end-of-life wishes. There is a real disconnect when discussing this subject within family and the more
Here in California, the law gives you two options for your directive; you can either appoint another person who can make the decisions for you or you can be absolutely positive your desires are made known through writing your own advanced directive. Either way, it’s important to meet with a professional lawyer that specializes in these matters to discuss your legal options.
An experienced lawyer will discuss options that will benefit you and your family and since there is not one document that fits all, it’s worth spending some time educating yourself on how to ensure your peace of mine.
Durable power of attorney, Do not resuscitate document, Health care directives, different wills—what do you really need? Don’t wait until a crisis only to find it’s too late to put your wishes in writing. Visit a professional law firm like Allen, Flatt, Ballidis and Leslie today for a free consultation.
For more information on starting the conversation, as well as state-specific tools for planning, visit the NHDD’s website at www.nationalhealthcaredecisonsday.org/

Children and adults can suffer from serious danger and injury when ice skating. This is especially true in California where the conditions for skating outdoors can change quickly and the proficiency is lower.
Cherlynn Tang was ice skating at the new rink in Orange County California’s Great Park with her three teenage children when she suddenly fell backwards at the end of the skating session. She was treated at the scene by paramedics, then transported to a nearby hospital, but died two days later from a fatal head injury. Head injury can be quite deadly and diagnosis is important. It is still unclear what the conditions were that contributed to her fall, how experienced she was at skating or delay in treatment. One issue was whether the ice had melted and the surface was unsafe for skating.
Her family has filed suit for wrongful death against the city if Irvine for not maintaining a safe facility, failing to implement safety rules and not providing on-site medical personnel.
According to new research, ice skaters are five times more likely to suffer face and head injuries compared to conventional roller or inline skaters. One reason is due to the fact that ice skaters try to break their falls with their hands or arms, but unlike roller skaters, ice is a frictionless surface.
The American Academy of Orthopedic Surgeons, AAOS, reports that around 133,500 people get injured from ice skating each year. Typical injuries include head, arm, tailbone and knee accidents due to falls.
Since children participating in roller and inline skating are now required to wear protective headgear, there is serious debate whether ice skaters should be required as well. Currently it remains an optional choice, but head injuries remain the most serious injury in ice skating; from both hitting the ice and the sideboards around the rink.
Wrist and arm injuries are common as well, due to the fact that 90% of all skaters tend to fall forward and attempt to break their fall with their hands or arms. Sprains and breaks are common but experts disagree on whether wrist guards should be worn during skating.
To prevent ice skating injuries and to protect from child dangers inherent in playgrounds and ice skating, here are a few tips to remember:
· Always warm your muscles and stretch before skating
· Before you go out on the ice, check to make sure it has been resurfaced and clear of objects
· Wear comfortable, layered clothing
· Take age-appropriate lesson to learn the proper techniques, learn to fall correctly
· To avoid joint pain, do light weight bearing exercises to keep fit and avoid injury
· Avoid foot soreness and injuries by lacing the skates correctly. At the bottom of the skate, the lace should be loose, but snug. The middle part should be much tighter and then above the ankle should be loose again.
· Avoid skating when tired; this can lead to injuries
· If you or your children are novice skaters, consider using protective equipment such as helmets and wrist guards.
· Check your facility to confirm there are first aid personnel readily available.