Southern California Injury Law Blog

A new study by the Automobile Club of Southern California, AAA reveals that only a year after the texting while driving ban started in California last July, driving while texting is on the rise in Orange County. California is one of only seven states that ban handheld cell phones from use while driving and not all states ban texting.

The California Highway Patrol, issues approximately 11,000 citations for cell phone violation each month. Initially after the ban went into effect, they saw a sharp drop in cell phone use, but now violators are back to pre-law numbers.

Obviously the California legislators are not pleased with the public’s indifference toward these laws. Over 6,000 annual fatalities occur from distracted driving from texting, cell phone use and other electronic devices. These types of motor vehicle accidents usually result in serious injuries. Moreover, civil damages in an auto accident lawsuit for those drivers who are found to have violated these traffic laws are now much more severe.

An Orange County man was recently sentenced to four years in prison for killing a pedestrian. Additionally, he was charged with vehicular manslaughter with gross negligence because records indicate that he had been texting just minutes before the accident. He was texting to a woman who he had recently met on a dating service. Text messages can now be determined within 14 seconds off real time, according to court testimony. Global Positing System records are now very accurate.

The tragic accident happened on Westcliff Drive in Newport Beach when Martha Ovalle was crossing the street and was hit by Mr. Kuehl’s SUV. The force of the crash propelled Ovalle 72 feet away from the point of impact where she died at the scene of blunt force trauma. Pedestrians are particularly susceptible to accident injury from cell phone use.

The U.S. Department of Transportation has launched a national “Put it down” campaign. It target both adults and teens, and challenges them both to put down the cell phone and hold off on writing texts while driving. A new study released by the Pew Research Center says that teens and adults equally disobey these laws. In fact, 47% of adults were found to talk and send texts while driving, compared to 34% of teens.

However, automobile accidents are still the number one killer of teens . Research shows that most teens don’t have completed brain development and thus don’t always make logical choices. Actually, the brain is not completely developed until approximately 25 years old.
Because of the numerous distracted driving issues that teens experience, new legislation has been introduced in congress to implement new state requirements for driver’s licenses. At 16, a young driver would have a “Graduated Driver Licensing” or GDL. Under this system, they could not drive at night and have restrictions on the number of passengers that they could drive.

At 18 they would be eligible for a full license after they have had some time to build their driving experience. The legislation is now pending, but whatever the outcome, it is essential that both adults and teens obey traffic laws and don’t text while driving.

Two weeks ago one of Orange County’s busiest freeways was shut down over the busy Memorial Weekend ago due to a tanker truck accident that closed highway 91 for over eight hours. According to eye witnesses, the truck was involved in a chain reaction crash with two other vehicles; then hit the center divider, went airborne, rolled over and burst into flames. Traffic was backed up for several hours while emergency vehicles took 3 injured to local hospitals.

Last week another tanker truck accident closed the 134 freeway in Los Angeles for several hours while the California Highway Patrol cleaned up the massive spill. The truck overturned and this time, fortunately, there were no injuries.

According to the Truck Safety Coalition more than 5,300 people are killed each year and over 20,000 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. An an Orange County Truck Accident Lawyer, we see the devastation related to these accidents.

California has the second largest large truck fatalities of any state except Texas. Investigations reveal that the primary cause of most truck accidents are fatigue and lack of sleep. The Department of Transportation, DOT, and the Federal Motor Carrier Safety Administration, FMCSA, have agreed to a new round of discussions regarding the tired trucker issue. This is a public safety issue and needs to be solved quickly!

According to Anne Ferro, chief of the FMCSA, “Three in 10 truck drivers suffer from mild to severe sleep apnea”. Sleep apnea is a truck safety issue as well as a health issue for the general public. Sleep apnea leads to fatigue and fatigue is a major cause of accidents.
In addition to fatigue being a major safety issue, the trucking industry is concerned that sleep apnea will create legal risks for trucking companies involved in accident litigation. If this condition is a known factor in a large population of its drivers, truck accident lawyers could conclude that the trucking companies are not managing this health problem.

Currently in /Washington, D.C., the Senate’s transportations’ subcommittee has been reviewing options for truck safety legislation. Electronic Onboard Recorders, EOBR’s are still voluntary for most trucking companies but experts feel that online monitoring would help prevent problems such as logbook falsification and violating hours of service where drivers exceed their maximum hours of driving.

In a recent survey, 21% of truck drivers admitted to falling asleep at the wheel. With these statistics, it is urgent that the trucking industry and congress get to work to keep our highways safer.

Flying is considered to be one of the safest forms of transportation, with over 10 million flights annually. However, even though flying itself is safe, the Federal Aviation Administration, FAA reports that the leading cause of in-flight injuries is turbulence and unfortunately, those incidences appear to be on the rise.

Recently a United Airlines flight en route from London, England to Los Angeles, California was diverted to Montreal due to 10 serious injuries that were sustained during extreme turbulence over the Atlantic Ocean. The passengers that were not physically injured were visibly shaken.

According to reports from KABC news, there were approximately 200 passengers onboard the Boeing 777 when they suddenly experienced the severe turbulence. One of the main causes for so many serious injuries was that the seat belt sign was inactive. One of the flight attendants suffered a serious broken leg and several of the injured passengers had head injures due to the fact that they hit the ceiling. Airline injury is a specialty that only certain qualified attorneys can help you with, so consider looking for a lawyer in your State or a California injury attorney

In the United States alone, about 58-60 people are injured annually by not wearing their seatbelts while flying. Since 1980, U.S. air carriers have had 234 turbulence-type accidents; resulting in 298 serious injuries and 3 fatalities. But what causes these accidents?
Turbulence is unexpected air movement that can’t be detected by radar. Although typically they will be associated with thunderstorms, cold/warm fronts, and mountainous flying, many times the turbulence occurs with clear air, thus the name, clear air turbulence.

Since airlines are governed by the Federal Aviation Act, they are held to a high standard of care to their passengers. The airline and its employees are required to do all that is reasonable to prevent injuries from happening. Specifically, this is why the pilot usually encourages cabin movement to a minimum during flights and at most times while flying, illuminates the “fasten your safety belt” sign.

Aviation experts agree that these few flying safety tips can make your flying experience a little more safe.
· Whether the seat belt fastened light is illuminated or not, always keep your belt fastened.
· If you need to walk around the plane, such as on long flights to prevent clots, try to hold onto seat backs and take several quick walks rather than one long one.
· Try to avoid standing in aisles

Two-thirds of most turbulence accidents happen above 30,000 ft, so to be safe, keeps buckled up during the entire flight. .

As summer approaches and temperatures rise, our children are more likely to visit swimming pools. While swimming can be a healthy activity, it can also by quite dangerous, especially for younger children. After years of helping the victims of child-drowning cases—the grief-stricken parents—the California drowning lawyer discusses the dangers and offers advice for preventing these tragic summertime accidents.

Children have the greatest risk of drowning. In 2007, drowning accounted for 30% of deaths from an unintentional injury for children between the ages of 1 and 4 years, according to the Centers for Disease Control and Prevention, or CDC. For children between the ages of 1 and 14 years, drowning is the second-leading cause of unintentional injury-related death.

The injuries from a nonfatal drowning can impact a child’s mental health for the rest of his or her life. For every child who drowned to death, four received emergency medical care for drowning-related injuries. Such injuries can cause brain damage that that may result in long-term disabilities, including memory problems, learning disabilities, and permanent loss of basic functioning (e.g., permanent vegetative state).

Child drowning is preventable. In California, there are laws requiring certain fencing, gates, signage, and pool-rule postings around swimming pools. The owners of swimming pools found in apartment complexes, public recreation facilities, and private homes often neglect to follow these rules for financial reasons. Prevent dangerous swimming-pool situations by informing the proper authorities in Orange County, Los Angeles County, San Bernardino or Riverside Counties wherever you encounter such negligence.

When we allow dangerous swimming-pool situations, tragic accidents are likely to occur. A few years ago, a young Orange County mother came to the California drowning lawyer for help after she lost her four-year-old son. While visiting a friend who lived in an apartment complex, her son wandered off to the community pool. The manager of the apartments had neglected to maintain the fence surrounding the pool. The small boy crawled through a hole in the fence, fell in the pool, and drowned to death. Had someone in the complex contacted the Orange County authorities, this tragedy could have been avoided.

Sometimes the authorities responsible for enforcing California swimming pool laws are slow to respond to negligence complaints. If this is the case in your neighborhood, feel free to contact the California drowning lawyer to inspect the area, write letters to the owners and managers of the pool, and ensure that the authorities address the dangerous swimming-pool situation promptly.

As a father and a lawyer who has witnessed many swimming-pool tragedies, the California drowning lawyer strongly advocates child drowning prevention. For more information on child drowning or if you would like to report a safety issue with a pool in your neighborhood, feel free to call the California drowning lawyer at 866-981-5596 or click here.

Since the Las Vegas MGM Grand Hotel fire back in 1980 where 87 people were tragically killed, there has been a push to require sprinkler and alarm systems in all hotel and motels across the country. However every year, there are close to 3,900 hotel fires reported; tragically killing 15 and injuring 150 individuals. Additionally, The National Fire Protection Association, NFPA concludes that it costs businesses $76 million in property loss.

The fire that killed four college students in a Days Inn Motel early this year highlights the little known fact that most travelers are unaware of—older motel and hotels are not required to have sprinklers or alarms like newly built ones.

Hotels built or remodeled within the last 10 years are required to install alarms and sprinkler systems. However, older units are not required, unless building codes and local ordinances require them to under the law. In most cases, older buildings do not implement the changes due to excessive costs.

Las Vegas has long been a favorite holiday destination for many Californians and in the past 15 years, there has not been a high rise fire fatality, due in part to tough city ordinances requiring sprinklers in all high-rise hotels. There have been fires, but sprinklers quickly contain the fire and thus less people are injured or killed.

If you are traveling this summer and know you are staying in hotel, check out the NFPA’s website to see the hotels and motels in your region that are approved with safety devices. http://www.usfa.dhs.gov/applications/hotel/

One in 12 hotels reports a fire each year, so your risk of experiencing a fire or emergency is somewhat elevated. Whether you are traveling for business or pleasure, the NFPA has some safety guidelines to keep your hotel visit safe:
• Choose a motel/hotel with both fire sprinkler system and smoke alarms
• Once you are settle in your room, review the emergency exits and escape plan
• If the alarm sounds, leave your room immediately, take your key card and stay low to avoid smoke inhalation.
• Always take the stairs and avoid elevators
If you are in the unfortunate circumstance to not be able to leave your room, these four tips could save your life:
• Stuff wet towels in the cracks of the door
• Shut off the air conditioner and fans
• If you can place a call with your cell phone, let the fire department know your location
• If you have a flashlight, wait by the window, so you can signal any emergency personnel.
Have a safe vacation this summer!

James Ballidis is a California personal injury attorney specializing in accident claims.

What would you do if a television fell on your head at the gym? Take the owners of the gym to court, right? Once you do, you may find that you have unwittingly signed away your right to hold them liable. In this article, a gym injury lawyer California explains how an Orange County man failed to protect himself from the dangers hidden in his gym liability release waiver and suffered the consequences described above.

Signing a liability release waiver is often the first step to joining a gym. By doing so, you waive your right to seek compensation from the gym should you suffer injuries or property loss or damage. Considering yourself competent enough to use the gym equipment, you sign the liability waiver. You may, however, be releasing the gym from more liability than you had anticipated.

Recently, an Orange County man sought the help of a gym injury lawyer California after suffering an injury at his gym. The injury, however, did not occur while he was exercising but, rather, in the moments beforehand. As with any other day, he intended on using the elliptical machine. On this particular day, however, he noticed that the overhead television on which he usually watched the news while working out had been turned away from him. He reached for the rack supporting the television. The machine suddenly slid toward him. In his attempt to support the television, he severely injured his knee.

The gym injury had a devastating effect on the man’s life: the pain prevented him from working, and the lost wages left him unable to pay his bills, causing him to fall into debt. With unpaid bills piling up and no savings, the man found medical care to be prohibitively expensive. He decided to take the owner’s of the gym to court, hoping that he would win his case and be able to pay for medical care with the compensation.

Unfortunately, he lost the case. The liability release waiver he signed when he joined the gym exempted the gym from responsibility for his injuries and property loss or damage while he was on the gym’s premises, whether he was using exercise equipment of not. He argued in court that the liability release waiver must be reasonably related to the purpose of the release, i.e., fitness. According to the law, however, it did not matter whether the risk of injury was inherent in the recreational activity to which the release applied, but rather the scope of the release. The provision releasing the gym owners from liability while the man was on the gym premises was unambiguously written and conspicuous in the document, which, according to the court, exempted the gym owners from responsibility for the man’s injuries even though he was not exercising when they occurred.

While such inclusive liability releases are unfair, gyms often use them. When joining a gym, take precautions to ensure you have legal recourse in case of an injury: draw lines through portions of the release that exempt the gym from “any and all negligence” and refuse to initial next to such provisions. If the gym insists you sign the release as it is, take your business elsewhere. Refusing to accept unfair liability releases may eventually force gyms to stop using them.

James Ballidis is a gym injury lawyer California. He has extensive experience with injuries resulting from dangerous gym equipment and other types of gym accidents. For more articles on gym accidents, or if you wish to obtain a copy of his books, call 1 (866) 981-5596 or click here. You can also visit his website to read more about personal injury cases: http://www.thecaliforniainjurylawyer.com

The California Highway Patrol (CHP) issued a sig alert last week when a Ford F-150 landscaping truck, had a tire blowout on the 57 freeway near Brea. The workers were traveling about 75mph on worn, bald tires. Fortunately in this incident, no one was injured but in another incident this week, five people were injured; one critical.

The accident occurred on Interstate 10 near Indio. CHP had reported that the car was carrying five passengers and all were injured after the tire blowout, then the car flipped over. All five victims were trapped until the fire department rescued them. In addition to the one critical passenger, two had moderate and two had minor injuries. All were transported to a nearby hospital for treatment.

Investigations are ongoing to the cause of the blowouts. It is unknown whether there was a defect in the tire or whether the motorist did not perform regularly scheduled maintenance.
According to the National Highway Transportation Safety Administration, approximately 400 fatalities occur each year due to tire failures. Additionally, several thousand more are injured. Preventative tire maintenance is the key to preventing roadside breakdowns or worse, a serious accident. As an Orange County Auto Accident Lawyer, we are frequently asked to help victims of worn or defective tires. Any tire blowout at higher speeds can cause erratic and sometimes deadly accidents.

Before the busy summer driving season, The Automobile Club of Southern California, AAA, is announcing that June 6-12, is National Tire Safety Week. It is a gentle reminder that it only takes a few minutes a month to observe and maintain your tires.

Maintaining appropriate tire pressure for your vehicle, checking tread wear and rotating your tires regularly are three most important factors of tire safety.

Since over 50% of gas station’s pressure gauges do not work, investing in your own gauge is crucial to checking and maintaining good tire pressure. Tires naturally lose air over time so experts recommend monthly checks to verify compliance with your owners manual’s recommendations.

Proper tire tread provides traction and gripping on the highway, especially on wet and icy roads. Tires have built in tread wear indicators that let you know when to change your tires. When these spaced sections appear even with the outside of the tread, it’s time to replace your tires. Another quick trick is to put a penny upside down, with Lincoln’s head facing you. If you can see the top of Lincoln’s head, it’s time to change those tires.

Lastly, rotating your tires every 5,000 miles will help preserve the longevity of your tires and help them to wear evenly. Signs that your tires are out of balance are veering to the right or left and unknown vibrations or shaking. If you change the tires yourself, check your owner’s manual for the proper procedure; for example, in a front-wheel drive vehicle, the front tires go to the rear and the rear tires are transferred diagonally; right rear goes to the left forward tire, etc. In the case of a four-wheel drive vehicle, it is the opposite. Rear wheels got o the front and front are transferred diagonally rearward.

For more information on National Tire Safety Week visit a local AAA branch for a free brochure, “Be Tire Smart: Play Your Part. Additionally this brochure is available for download at www.rma.org/.

You can rely on an Orange County auto accident lawyer for assistance on this or any other matter by calling 1 866 981-5596. Sometimes just knowing your rights is all that you need. Other times, you may actually need representation. In either case, feel free to call, and rest assured, we will never charge for a consultation.

As a Los Angeles Auto Accident Lawyer, I often receive inquires about contingency fees. While many accident victims understand that the lawyer’s payment is contingent on winning the case, most do not fully grasp the extent to which a contingency fee can insure full compensation for medical expenses and property damage or loss.

Imagine you are involved in an accident. Your injuries prevent you from working, and your savings are insufficient to cover your exorbitant medical bills, let alone pay an accident attorney $300-$500 dollars an hour to represent you. Insurance companies have extensive resources and hire adjusters to protect the company, but who fights for you. The contingency-fee process allows you to be protected, deferring legal expenses until you are awarded a settlement.

Additionally, a contingency fee typically gives an attorney an added incentive to work efficiently and to maximize his or her efforts. While attorneys who work on an hourly basis often win their clients’ cases, a personal injury lawyer working under a contingency fee is motivated to maximize a damages claim because he or she will receive a portion.

Many critics of attorneys claim contingency fees cause frivolous lawsuits. Not true. Personal injury lawsuits require much effort and expense. Personal injury lawyers must enlist experts to help build their case, which can cost them $30,000 to $100,000. Lawyers are not reimbursed for these expenses if they lose the case. It is not unusual for the attorney and staff to put more than 200 hours into a case. Too many lost cases can cause a lawyer to go out of business.

Moreover, jurors—citizens like you—decide settlements and verdicts. Citizens chose to agree or disagree with a lawyer’s argument. The public plays a large role in the outcome of many cases.

Jurors rarely award out-of-control damages. The press cannot sell stories without outrageous headlines. If you go to the law library and look at the number of cases resolved each year in California by jury trial that have made headlines, you will find that the numbers do not reach 1 in 10.

Without contingency fees, you—the victim of someone else’s negligence—would be left to fend for yourself. While some people can handle a small case by themselves, the medium and larger cases should be left to the professionals. If you are interested in the process behind a case settlement, order our free book, 7 Strategies to Settle Your Case. You will soon see the amount of work necessary to win a personal injury case.

James Ballidis is the author of several books on personal injury and an Orange County auto accident lawyer in Newport Beach California. You can call his office to request a free copy of his book at 1 (866) 981-5596 or click here, as long as you are a California resident and suffer from an accident injury. You can also visit his website to read more about personal injury cases: http://www.thecaliforniainjurylawyer.com

Many children dangers accompany the Fourth of July, especially firework injury. As the holiday approaches, hopefully we can make it a safe one here in Orange County.

As a member of the community of Lake Forest, California and an Orange County accident lawyer, I have enjoyed the best this City has to offer. My daughter receives a great education at La Canada, we have many friends, and, of course, the City and our community provide so many activities and interesting opportunities. In fact, one of the fun things to do has always been to enjoy the Fourth of July parade, small but interesting, and then watch the spectacular fireworks at Lake Forest Keys.


As a Lake Forest accident lawyer, I do see through a skeptical eye sometimes, always hoping that my family will not be hit by the tragedy that accompanies accidents. Every year, children somehow get hold of fireworks, and inevitably someone loses a finger, an eye, or even a life. There is no one to blame but the parents who helped the child obtain the fireworks, or failed to properly supervise their use.

Firework injury used to be much more prevalent, but with the continued regulation of sales and performances at local parks and regional locations, fun can still be had without as much danger.

Nevertheless, injury still occurs. What can we do? Here are a couple of suggestions that will keep us having fun all day, without spending time in the local emergency room.

1. Do not buy fireworks that are held in the hand. Even sparklers can be dangerous. Many injuries start from a simple sparkler. If you will be handing your child a sparkler, consider remaining next to him or her in case something happens.

2. Firework packages are fun to watch, but the temptation can be great for children to want to light them and be involved. Instead, ask them to watch as an adult lights them off.

3. Never throw a firework in the air or at someone. It goes without saying that tossing a firework, like an M80, is asking for an injury.

4. Accelerant is very dangerous and causes many injuries. Occasionally, someone has the idea to put lighter fluid on burning fireworks to create a bon fire. Fire leaps quickly and dangerously and can even penetrate the stream of accelerant, burning the hands and face of the person spraying it.

5. I want my family to enjoy the evening, and nothing is more spectacular than an aerial display of fireworks—much more than a package of local fireworks. Consider making a trip to one of the many free displays at our local parks.

As the month nears, I hope to see your family and mine have a great holiday.

James Ballidis is a Lake Forest resident of 12 years and an injury attorney at Allen, Flatt, Ballidis & Leslie. His firm specializes in child and adult injuries and other accident-related claims, helping families since 1974.

For more information click on children playground dangers.

If your child has recently been injured in an accident, feel free to get answers at the accident recovery hotline or call 866-981-5596 for immediate assistance.