Southern California Injury Law Blog

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.

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Seattle accident attorney Jason Epstein is the founder of Teens Against Distracted Driving, TADD, TADD, a movement to arrest the continued dangers that texting poses when driving a car. Teens are invited to take a pledge on line, and if they do so in Washington State, they are provided a free wrist bracelet.

In an unusual turn of events, the attorney is now finding out the power and interest that teens can generate. Momentum is building and he may not be able to afford the bill if teens keep up the pressure. Only launched a short time ago, TADD is building critical mass. Teens are taking the pledge on line from all over the country. Therefore Jason had to solicit the help of other attorneys to foot the bill. He is not complaining though! “The injuries and accident levels are epidemic,” he said in a recent call to me. He now has 10 attorneys all over the country pledging support to provide a free bracelet. More may be needed!

Now he is also being asked to speak to teens at local schools in the Seattle area. He has agreed and expects even more interest in the coming weeks. The bracelet reminds us of our pledge to avoid texting and driving, because it is dangerous. If we can break our newly developed habit early, many lives can be saved.

I know of the tragedy caused by accidents of this kind and we report often on the subject of texting while driving. Pledge to stop texting and driving and receive your free bracelet. We can stop this horrible killer that also causes great grief to the driver. Also remember that if you cause injury or death in California while texting, you can be tried in criminal court for involuntary manslaughter. The DA’s are prosecuting these cases routinely to send a message.

I will do my share for California. If anyone takes the pledge, I will sponsor sponsor in California. At least one other attorney has agreed to sponsor as well in San Diego, the Jurewitz law group.

After speaking with Jason today, he suggested that I also offer my speaking services as he has. He is a hard man to turn down. I have agreed, how could I say no! Call my office and I will arrange an engagement to any group in Orange or Los Angeles County, California. 1 866 981-5596. As an accident attorney of 25 years, I have plenty of stories to share of the horror caused by distracted driving. Saving a future disaster from happening would be a wonderful way to spend my day.

Catch the wave and take the pledge.

Jim Ballidis is an author and attorney in Southern California.

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I found this interesting site recently, Teens Against Distracted Driving. I had a chance to talk with the founder, a Seattle wrongful death and accident injury attorney. Here is a portion of my conversation with Jason Epstein.

Jim Ballidis: Why did you start the site Jason?

Jason Epstein: As a Seattle auto accident attorney I have seen thousands of car accident cases. The most tragic are always those that involve young people. Unfortunately, our youth are engaging in dangerous behavior every day which puts them at much greater risk for being involved in a serious car accident. Texting while driving is an epidemic. I see this kind of injury As a Seattle personal injury and auto accident lawyer often.

Jim: Why do you think we are struggling to get people to stop this practice? Is it lack of education?

Jason: Some people simply can’t put their phones and texting devices down, even while they drive. This behavior is dangerous and irresponsible and it is most prevalent with teenagers. What makes this worse is that teenagers are also the most inexperienced drivers on the road and are already at a greater risk for getting into a car accident to begin with. The data shows that texting while driving is just as, if not more, dangerous than drunk driving.

Jim: So what did you decide to do?

Jason: I couldn’t stand by any longer without trying to do something. I launched Teens Against Distracted Driving to try to raise awareness about this dangerous and deadly habit. My hope is that by giving the TADD bracelets to anyone who signs the pledge to not text and drive that the next time they go to pick up their phone while they are driving, they will see the bracelet on their wrist and make the choice to wait to send that text. It could keep them alive.

I support TADD and I hope you will too, by encouraging your children, teens and even adults to take the pledge against distracted driving. James Ballidis is an attorney in Newport Beach providing services to injured victims in auto and truck accidents.

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Athletes and accidents: the pitfalls that delay recovery.

Athletes that sustain serious injury in an accident are almost always unaware and unprepared for the challenges they will face, and most will delay their recovery if they do not get sound advice. Until now, there was no source of advice, no compilation of experiences, shared by other athletes. Each athlete had to learn the hard way about the pitfalls to rapid recovery.

The pitfalls are unique to athletes because of their unique mindset, a way of accomplishing goals that heavily relies on tenacity and drive. Unfortunately, most athletes have never faced the adversity caused by serious injury, and the habits and traits they have relied upon in the past do not work. They are destined to suffer additional injury, or setbacks because the will just “work through” the pain and challenges that are ahead.

Now an athlete can obtain knowledgeable advice and coaching. Author James Ballidis has synthesized experiences of elite athletes that are faced with a recovery from an accident. As a personal injury attorney representing those athletes, the book, Athletes in Accidents, Nine Pitfalls to Your Full Recovery, outlines nine strategies that an athlete can use, and the pitfalls to avoid during your recovery.

Common Pitfalls include:

1. Selecting the right medical professional, not just the general practitioner, or a doctor unfamiliar with athlete recovery.
2. Should you rely on your coach or trainer for your recovery regimen? 3. Are you now feeling left out because you cannot train and your social circle is made up of other athletes that you trained and competed with.
4. Do you know what to do if the doctor or therapist is not getting you better? Don’t quit, fix the therapy regimen!

The athlete has unique circumstances that must be addressed when they are involved in an accident. Know your capabilities rights and pitfalls to a full recovery from an accident by obtaining a copy of this book. You can call 1 866-981-5596 to order a copy for a reduced price of $7.00 or you can order the book on Amazon.com.

James Ballidis is an author of a number of books on personal injury and auto accident injury in California. He is a managing partner of Allen Flatt Ballidis and Leslie in Newport Beach, California.

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The Federal Aviation Administration (FAA) wants to install recording devices to record pilot conversations while flying in commercial airlines. The pilot's union is in an uproar and pilots say it will reduce their morale.

In a series of high profile accidents, both on airlines and in trains, there is a recognition that the operators of this machinery are preoccupied with texting, talking, and doing other than their job. Everyone recognizes that an airline now has navigational control and auto pilot to fly the planes. That does not mean that the pilot should be on his laptop and miss his landing zone than by more than half an hour as in a Northwest Airlines incident recently. It also means pilots in planes that I'm riding in, should not be distracted by incessant texting and talking that take away from the responsibility to monitor the aircraft, and their position related to other aircraft around them.

Pilots are paid well for their work and an employer has a right to ask that they do their work. Pilots are no different than any other person working at a job that requires they concentrate. A checker in a supermarket has a camera focused on them. Simply do your job and you should have no reason to be concerned about the recordings or distractions. If however, you are not doing your job you have a right to be concerned, and more importantly, I imagine your morale may dip. For our safety and the safety of the crew, pilots should be focused on their job and stop worrying about whether their conversations will be recorded while in flight.

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An initiative measure has qualified for the ballot this next voting period that will alter how premiums are calculated for drivers who have maintained their automobile insurance coverage in effect without a 90 day period of lapse. The initiative allows automobile insurance companies to offer a discount to a person even if they switch to a new carrier. The initiative is sponsored only by Mercury Insurance.

The Legislative Analyst, in preparing the ballot analysis asked for input from the state insurance department on whether there would be an increase in premiums to some drivers. They answered a resounding yes. Here is why.

Insurance companies must develop a rate plan that is complex and provides different tiers of coverage and rate options. One of the tiers is the discount offered to an existing insured that has maintained coverage.

Every discount must also have a surcharge, because the overall rate must be approved by the state so that insurance companies stay solvent and able to pay claims when needed. If a carrier wants to offer a discount to customers of another company, it must in turn surcharge its existing customers. Here is the department of insurance link for your use.

What is most disconcerting is the company that is promoting this ballot measure. They do not have a good reputation for treating claimants and their own insured’s well. See these blog and consumer reports for more information.

Mercury recently was hit with a $250,000 fine for claims violations reported to the commissioner. Many more claims go unaddressed because the Insurance Commissioner has been so slow to respond in the years past.

The insurance commissioner, after fining Mercury said, "It is vital that insurance companies put their customers first," The California Department of Insurance (CDI) conducted a review of consumer complaints filed with the Department against Mercury Insurance, Mercury Casualty, and California Automobile Insurance Companies, collectively known as Mercury Insurance Group.  Of the 121 files reviewed, a total of 258 violations, 258 were discovered to have occurred from January 2004 through December 2005.  That is two per file reviewed and is an indication of fire where smoke was found. These violations involved several of the company's claims-handling practices, including unreasonable delays in affirming or denying coverage and issuing claim payments.

Just say no to proposition 17.

James Ballidis is an attorney specializing in the handling of insurance and car accident claims.

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Lately, it seems that more and more deaths and serious injuries are related to texting while driving. The problem is systemic over all age groups, but a movement is underfoot to rally teens against the practice.

The web site Teens Against Distracted Driving offers an opportunity for teens to stand up and be counted. In an unusual movement, teens are making a pledge to stop texting while driving. Their pledges are tallied and will soon become a large contingent of teens devoted to policing themselves. The developer of the site suggests that soon the number of teens taking the pledge will be listed on the site by state. What is even more interesting is the impact this pledge may have on adults, family members and other friends.

With the pledge, the teen receives a free bracelet to wear that confirms their pledge. It is bound to offer additional questions about the pledge and spur more effort to remind us all that texting kills.

I have written in the last year of many texting accidents that have caused serious injury or death. Even the driver’s life is ruined, sometimes a teen, when convicted of involuntary manslaughter because of an errant distraction on the road.

Teens are doing something about it. I hope you will support the message, have those you know sign the pledge and proudly wear the bracelet to address this terrible phenomenon.

James Ballidis is an author and attorney in Southern California.

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22 years ago, Congress set out to stop dangerous and incompetent caregivers from practicing in different states when they have already been sanctioned in one state. It demanded the creation of a national database which would be a compilation of health care providers with disciplinary action from every state. Unfortunately, 22 years later, the federal government hasn't accomplished this goal.

The database is not available for view by the public. It was designed to be used by employers considering the hiring of applicants. Unfortunately, the database, according to the Los Angeles Times on February 15th, 2010, lacks much of the crucial information contained and available on various state licensing board websites. The reality is that the states have not been reporting their disciplinary actions to the federal government to allow a compilation of the database.

One has to ask first, why can't this simple project have been accomplished many, many years ago. Second, one wonders how much has been spent by the federal government "compiling" this database only to find that it is flawed and continues to be an eye-soar of no value or use. Third, why is the public excluded from reviewing this database, particularly when a doctor may open his own practice in a different state. Forth, why, after 22 years, and all of the technological advances available to us, it can't be simply reported quickly and effectively via a online reporting function. When a state updates its website with the disciplinary action, it automatically updates the federal database.

Not only is it dangerous to the safety of patients that this database and actions of Congress are not properly functioning, but I'm sure that it costs billions of dollars to run, manage, and develop, only to be yet another white elephant in the government's huge budget.

James Ballidis is an attorney devoted to the rights of citizens in California. If you have a personal injury, call us at 1 866 752-7474. Our consultations are always free.

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If you drive routinely on the freeways here in Orange County or in fact throughout California, you might have noticed an increase in aggressive driving. Increased congestion, running late, and anger are all contributing factors to the most aggressive driving that we’ve seen on the increase. The big problem is at what point does aggressive driving turn to road rage and thus become a risk factor for personal injury accidents, or in some cases, homicide.

Last weekend a road rage incident in Stanton ended in a serious stabbing for one man. The victim was rushed to UCI Medical Center and underwent surgery and is expected to survive. It is being investigated as a road rage incident unless other witnesses come forward to prove otherwise. Since the incident involved two ethnic groups it may be classified as a hate crime.
The freeways running throughout Los Angeles/Orange Counties have the reputation for having the fourth aggressive drivers, next to Miami, New York and Boston in the nation. Statistically, young men, 18-24, are more prone to road rage and they typically drive more than other age and gender groups.

Road rage is a two way street, though, and if you don’t respond, chances are nothing will happen. However, according to a national survey, over one half of all drivers who experienced these aggressive drivers do react and then that escalates the situation. Horn honking, yelling, obscene gestures, maybe they will make you feel better but it won’t solve the problem. In fact, in some cases, it can make things worse if the other party has access to weapons and wants to do you harm.

Road and Travel Magazine have some great tips on avoiding aggressive driving and road rage incidences:

Attitude: Stay calm and focused while driving; it is not a competitive sport.
Smarts: Don’t allow yourself to be drawn into a confrontation.
Courtesy Try to be a courteous driver, remember you are not perfect.
Turn Signal: Remember that 57% of people do not use their signals properly!
Changing Lanes: Make sure you have plenty of merging room and don’t cut off other drivers.
Keeping up with the Pace: Try to stay with the flow of traffic or move to the far right, slower lane
Tailgating: always keep a safe distance while driving; one car length for every 10 miles per hour driving.
Gestures: Never make obscene gestures
Distance: If a driver is showing abnormal aggressive behavior, keep your distance.
Get Help: If you feel seriously threatened, either call 9-1-1 with your cell phone or drive to the nearest police station. Never drive home or stop on the side of the road!
Apologize: If you make a mistake, try to apologize with the appropriate gesture.

In California the Aggressive Driving Laws are quite clear. Using your car in an aggressive way that commits a crime is considered a criminal assault and you can be penalized with a fine of up to $10,000 and up to 4 years in jail. Be polite and do not respond to someone that starts an incident.

James Ballidis is the managing partner of Allen, Flatt, Ballidis & Leslie, a personal injury and auto accident law firm in Southern California.

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Our office was recently retained by the parents of a young elementary child who severely “hooked” his finger while playing on a school basketball court. The accident was completely avoidable.

The metal net was broken, and a hook was hanging off the net, low where a child’s hand to become tangled in it. As the child jumped up for a rebound, the hook caught his finger, hooked and tore into the flesh. He may have severe nerve damage.

The question to ask is whether school officials will blame budget cuts for leaving a condition like this for children to injure themselves. In this California personal injury lawyer’s opinion, the answer should be a resounding no.

When we listen to the budgetary woes of administrators in our school districts, we are compelled to participate in bake-offs, PTA rallies, runathons, sell magazines, and even help our children with direct donations. What I simply can't understand is why ordinary maintenance and typical protection of a child cannot be done within the budgetary constraints given these schools. Simply put, how much would it cost for a janitor, a principal, or even a teacher to climb on a three foot ladder and take the hook that holds the broken net chain off the hoop so that this young child does not sustain a serious injury.

Our government officials that run our school districts are out of time, and we're out of patience. As a member of the PTA and as a father of a 10-year old daughter, I will accept nothing but absolute integrity in the protection of my child when she is on school grounds. You should request nothing less from your school district.

School officials have for ages demanded more and more money, increasing and increasing budgets, that are designed to keep our students educated and safe. Despite all the money allocated to it, this totally avoidable accident occurs and I say it's absolutely ridiculous.

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If you're thinking of hiring a California personal injury lawyer don’t call anyone until you read this.

Unfortunately, some unqualified lawyers are shamefully misleading and they use advertising hype to attract clients on the Internet and in radio and television advertising.

If you want to know how to look beyond the advertising hype, and find the right lawyer for your case, you should obtain a Free book from a California attorney James Ballidis, who has practiced law for 25 years in California. The book “Avoid Lawyer Advertising Hype” is available through the web site www.avoidlawyeradhype.com, or you can call toll free to get a copy if you are a California resident. Call 1-888-752-7474.

The book covers subjects such as to how lawyers use advertising to get you to call, and why ads rarely tell you anything about the lawyer or their qualifications. You need to know how to find a qualified lawyer, one that is not under investigation and is experienced, a lawyer that knows how to settle cases, where possible or take them to trial if you need. You need to know what to look for when hiring a lawyer.

As one recent reader of the book said, "I found a lawyer by using the book and I have the ultimate confidence that he's the right lawyer for what I needed."

Why would Attorney Ballidis provide this book for free? Do you believe nothing is free, you will be sold something or hassled? We guarantee that there are no hassles, no sales pitches, just help. He has seen the devastation that the wrong lawyer can cause to a case. Some cases and clients need a specialist and some need a certain type of lawyer, this book tells you how to make those decisions. Naturally, if Mr. Ballidis’ firm is a fit for you and your case, you can call him, but this book comes with no irritating calls or attempts to sell you anything.

This free book will help you find a qualified personal injury lawyer that you need. And if you review this book, he is confident that you will find the right lawyer, based on your needs not advertising hype.

You should get a copy of your free book. Go to www.avoidlawyeradhype.com for your free copy or call 1-888-752-7474.

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My uncle Leroy is passing on, a product of congestive heart failure, which is wrenching at his life. He was like a father to me because I lost my father six months after my birth. On the cusp of the inevitable change coming to his spirit, I asked myself last night, “we live and then we die, but what does living really mean?

My thoughts this morning, we live and we die, but we live on in the people that we've touched and helped. I recall times when I was just a boy and I would call Leroy to get advice on “manly” things, like repairing a car or obtaining my license, what to do and how to handle certain events in my life. “Boxers or briefs”, razor or electric, and girls, compelling questions to a 15 year old boy.

I did not call often, but I knew if I did, he would have given me the advice that he gave his four sons and two daughters and it would have been great advice.

The truth is that we live and we die, but we live on in the heart and the soul of the people that we touched. To him, I dedicate this moment, because as he leaves this world, he touched me, his wife of 45 years, his sons and daughters, and the many grandchildren. His purpose arises within all these people, and it is because he was who he is and who he will be, in life and in spirit.

I need to remember my purpose in life, to touch and help people like Leroy did in so many ways.

Jim Ballidis

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