Southern California Injury Law Blog

High prices at the pump, warns an Orange County injury lawyer, are not the only thing California residents should be concerned about at Southland gas stations: in the past few months, defective spray nozzles have caused several injuries throughout the state, including one serious enough to require hospitalization.

The state fire marshal is warning all California residents to the possible spray hazard of the VST made nozzle and has issued a directive to thousands of service station operators to remove the 30,000 “open hold” latches that are in question. These latches are convenient due to the fact that you can go wash your windows at the same time the latch allows the pump to run without you holding it. This will affect approximately one-third of all California service stations.

Just last month there were accidents here in Orange County as well, in both Huntington Beach and Santa Ana, according to an Orange County injury lawyer. In fact half of all the incidences have been in Southland. The accidents are under investigation and the latches are being removed as a safety precaution until the results of an inquiry into the defective spray nozzles.

The California state fire marshal cited that this is “a hazard to the public and welfare”. Besides the obvious safety issues of gasoline that is being spraying onto your face and eyes, there is a real fire danger as well. Most Service station owner, obviously concerned for the customer’s safety and possible liability issue, are removing the latches immediately.

Daniel Berlant from the Department of Forestry and Fire Protection is setting up mandates for Service station owners to be complied with by Oct 15, 2010 They have the option to:
• Possibly revert back to employee pumping only
• Removing the convenience of paying at the pump, going inside to pay
• Remove all latches from the VST nozzles

One additional warning is to never put another object like a bottle or can to hold the nozzle in your tank. This could unfortunately cause the same problem.

Currently the deadline to remove all of the latches is required by October 15th. If you still encounter a gas station that has not removed the latch, an Orange County injury lawyer advises that you utilize these safety precautions to avoid an injury.

Since most accident are occurring once you have picked up the nozzle and then push your selection for type of fuel, experts are suggesting that you put the nozzle into the tank hole before you select the grade of gasoline. This will prevent most of the spray accidents. However, if the latch is still attached to the nozzle, there is still some danger of getting sprayed when you remove it. To be on the safe side for now, try to use only nozzle pumps with no latches attached.

After Oct. 15th, gas stations that have not complied with this order will be shut down.

James Ballidis is an Orange County injury lawyer specializing in injury claims arising from accidents resulting from defective products and manufacturer negligence. He has written numerous articles on subjects relevant to personal injury law. To request a copy of one of his books or articles, or to discuss a specific case, feel free to call 866-981-5596.

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Recently, the driver of a vehicle failed to see an elderly man crossing the street and struck him. The accident occurred on the hospital grounds where the elderly man had just visited his doctor. He sustained serious injuries from the pedestrian accident, including fracturing in both of his ankles—one of which was completely shattered and required metal screws to hold it together. He was treated at the hospital and underwent several days of rehabilitation. He was confined to a hospital bed, one leg in a cast, and the opposite foot in a boot. Toward the end of his stay, hospital attendants approached him with a large stack of papers, informing him that he could not leave until he signed them, recounts the Orange County injury attorney who ultimately helped the man.

“One of them was a document with a lot of legalese—it said something about third party liability,” recalls the accident victim. “I didn’t really understand. In order to get out of the hospital I went ahead and signed all the documents.”

What the elderly man did not understand was that he was signing away his right to any money that he would receive in the accident settlement. The hospital preferred his settlement money as compensation for its services to the amount Medicare would pay out—in effect forcing this preference on him.

“This is becoming an increasingly common phenomenon,” explained an Orange County injury attorney. “Accident victims leave the hospital with no claim to the money they will need for the medical attention their injuries require in the months following the accident, not to mention pain and suffering and lost wages.”

Fortunately, an Orange County injury attorney was able to help the man. After numerous negotiations, and much persistence, the lawyer persuaded the hospital to accept the man’s Medicare insurance as compensation and release the rights to the settlement money back to him. He is home now, recovering from his injuries, and “very pleased” with the outcome of this case.

To watch the man tell the story in his own words, visit http://www.youtube.com/watch?v=IX4G-DR0kGg&feature=youtube_gdata_player

James Ballidis is an Orange County injury attorney specializing in pedestrian accidents. He has written extensively on the subject. To discuss your rights and options after an accident or request one of his books, feel free to call 866-981-5596.

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Recently, a Santa Ana woman drove her silver Honda off of Beach Boulevard onto an ice-plant-covered embankment. The accident occurred near the 22 Freeway at around noon. Police arrested the woman after conducting a preliminary alcohol screening at the scene, according to the Orange County Register. Fortunately, no other cars were involved nor was anyone injured, which as a California injury attorney, I can attest is seldom the case with alcohol-related accidents.

Someone dies every 45 minutes from an alcohol-related automobile accident in the U.S., according to the Centers for Disease Control and Prevention, or CDC. In California, of the 3,967 people to be killed in traffic accidents, 1,489 of the fatalities were the result of alcohol-impaired driving in 2007, according to the California Department of Alcohol and Drug Programs.
While impaired driving poses a serious threat to highway safety in California, many preventive measures exist to ameliorate the problem. One of the simplest is to report drunk drivers by calling 911. Weaving or zigzagging across the road, straddling the center of the road or lane marker, and driving slower than 10 miles per an hour are just a few indications that someone may be driving while intoxicated. For a longer list, visit the government website
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On a legislative level, first-time and repeat DUI offenders will now be required to install ignition interlock devices to their vehicles in four California counties: Alameda, Los Angeles, Sacramento, and Tulare. If the device detects alcohol on the breath of the driver, the vehicle will not start. Not only will this new law increase the cost of a DUI from $2,500 to $2,730, offenders will have to pay a $60 monthly maintenance fee. This could get quite expensive for repeat offenders, as the duration of time the device must be installed will increase considerably with each offense. The program is expected to go statewide if successful.

Luckily for the Santa Ana DUI offender mentioned above, no one was injured as a result of her reckless driving. After over 35 years of helping the victims of alcohol-related accidents, we at Allen, Flatt, Ballidis & Leslie have witnessed far graver outcomes. While the state government and law enforcement have increased efforts to prevent impaired driving, injuries and fatalities resulting from intoxicated driving continue to plague California—especially the families left grief-stricken by the loss of loved ones.

If you or someone you know has been injured in an accident in which the negligent driver was intoxicated, or have lost a loved one in an alcohol-related accident, feel free to call 866-981-5596 or visit a reputable and active California Injury Lawyer to recover what you deserve and keep drunks off the street. Consulting with an experienced Injury Lawyer on Los Angeles or Orange County may help with the difficult legal process ahead.

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Have you or someone you know lost a child to a swimming pool drowning? Was it a case of negligence on the part of the pool owner? California swimming pool laws require certain fencing, gates, signage, and pool-rule postings. Unfortunately, the owners of swimming pools found in apartment complexes, public recreation facilities, and even private homes often fail to comply with such rules for financial reasons. Reporting such negligence to the proper Orange County, Los Angeles County, San Bernardino or Riverside Counties is crucial to child drowning prevention.

Children have the greatest risk of drowning. According to the Centers for Disease Control and Prevention, or CDC, in 2007, of all the children between the ages of 1 and 4 who died from an unintentional injury, almost 30% died from drowning. Fatal drowning remains the second-leading cause of unintentional injury-related death for children between the ages of 1 and 14 years. More than one in five drowning victims are children 14 years old and younger.

If a child survives after drowning, the child’s injuries may have a life-long impact on his or her health. For every child who dies from drowning, another four received emergency department care for nonfatal submersion injuries. Nonfatal drowning can cause brain damage that may result in long-term disabilities, including memory problems, learning disabilities, and permanent loss of basic functioning (e.g., permanent vegetative state).

Child swimming pool drowning can happen in your neighborhood. Recently, a young Orange County mother went to visit a friend who lived in an apartment complex. The manager of the apartments had neglected to maintain the fence surrounding the community pool. As the complex was gated, many parents allowed their children to roam freely around the grounds. While the mother chatted the afternoon away with her friend, her four year old crawled through a hole in the dilapidated fence and drowned in the swimming pool. Had someone in the complex practiced child drowning prevention and notified the Orange County authorities, this tragedy could have been avoided.

Do your part to protect our children: participate in child drowning prevention. If you notice a pool without a fence or with a damaged fence, contact the proper Orange County, Los Angeles County, or San Bernardino or Riverside County authorities. Check to verify that gates, signage, and pool-rule postings are intact. If the authorities are slow to respond, contact a California drowning lawyer to inspect the area, write letters to the owners and managers of the pool, and even to ensure that the authorities address the dangerous situation promptly.

As summer is on us and children are more likely visit swimming pools, participate in child drowning prevention. James Ballidis is a California lawyer and the author of several books on managing claims. If you want a free inspection of your premises, call his office and arrange a review date at no cost. One less child injured or killed is more than worth the quick yet effective inspection of the premises. Saving a child’s life may be just a phone call away.

For more articles on child drowning prevention and help, or if you wish to obtain a copy of his books, contact the him at california injury lawyer orcall 1 866 981-5596.

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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.

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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. .

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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.

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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

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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.

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Late last year, pre-med student Drew Bianchi was awarded just under $50 million in damages for the tragic truck v auto accident that left him permanently disabled from a brain injury. As a Los Angeles truck accident lawyer, we see brain injury frequently after collisions. This is believed to be the highest non-punitive verdict in California history for an individual that has suffered traumatic brain injury (TBI).

In May 2007, Bianchi was a passenger in a car traveling along Highway 152 in Northern California. This narrow stretch of highway that goes through Pacheco Pass is sarcastically known as “Blood Alley” because of the volume of accidents on it. The car that he was riding in was literally smashed between two large trucks.

One trucker was driving a huge Peterbilt truck and was severely sleep deprived. The other was driving a huge 18 wheeler and was talking on his cell phone at . At trial, both drivers accused each other for crossing the centerline, but the facts are that they crashed head on to each other then smashed into the other car.

The jury awarded Bianchi $27.5 million for future medical expenses as well as general damages, lost wages and past medical bills. He unfortunately will never realize his dream of becoming a doctor, but he will be cared for properly.

Automobile accidents are the main cause of TBI in people under the age of 75. Of the 1.9 million people who sustain this type of injury, 235,000 are hospitalized with serious injury and 50,000 will die. Until recently, doctors took a “wait and see” attitude because symptoms of TBI can be subtle and may not appear for days or weeks following an injury to the brain.
New treatments are rapidly changing the way TBI patients are treated in the emergency room. Since your brain controls everything we say, do, think and feel, it is imperative to react as quickly as possible to save cognitive function. The following are two new treatments that if successful, could limit damage to trauma patients.

Researchers have created a very promising new treatment that will be going to human trials in a couple of years. A remarkable gel that is created from stem cells is injected directly into the trauma site. It not only promotes healing but also limits the severity of secondary trauma injuries.

Hyperbaric oxygen therapy is another new treatment that is currently recruiting TBI patients. Previous trials have shown improvements of up to 90% with many symptoms such as headaches, post-traumatic stress disorder and sleep disturbances. If you are interested in participating in this clinical trial, contact the Hyperbaric Medical Foundation for further details.

Depending on your age, type of injury and severity, all patients will have some sort of lasting side effects. Over 5.3 million Americans cannot perform daily activities due to severe head trauma and need lifelong help.TBI can also increase your risk for Parkinson’s or Alzheimer’s disease The best way to prevent TBI is by wearing helmets while participating in outdoor activities and by doing your best to drive defensively to avoid accidents.

James Ballidis is a Los Angeles Truck Accident Lawyer, and author of several books on injury accidents. For more information about truck accidents please visit our truck accident library.

If you would like our firm to consider representing you for your injury accident, please call 866 981-5596 and we will advise you for free.

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Ever wonder if you should hire a bicycle accident attorney? Think it is maybe unnecessary? Well maybe not. Let me describe the majority of experiences of clients that thought they could handle their case alone.

Two days ago, a woman came in after 1 year or wrangling with the insurance company. Liability was clear, that is, she was struck in the rear while riding her bicycle for sport. She had not treated much, just a little, but still had pain and injury from the accident.

The defendant who hit her, had a major insurance company cover his car. His car was repaired, and he was not hurt. He has moved on with his life, she has not. Instead of reaching her potential, and participating in a triathlon she was training for, she is stuck with a surly adjuster, that has offered her almost nothing for her claim. Her injuries continue to interfere with her life and ability to train.

She found me through my book, Athletes and Accidents. When she came in, I was candid with her. She has done a lot of things wrong on her case so far. First, she did not seek immediate and excellent treatment to cure her injuries. Instead she tried to tough it out, and the insurance company, understandably, now thinks more than a year later that her injuries from the accident are no longer an issue and instead she hurt herself training. As a Orange County bicycle accident attorney, I would have sent her to quality medical care, and the care could be paid out of the case, not her pocket.

Second, she has not had her doctors explain her initial injury and how to train around it. Her injury was to her foot. Instead, the doctors wrote no reports, and their records do not explain anything that was said to the client, or recommendation and precautions. This leaves the insurance company with the ability to argue about the injury and damages. They are also asserting that her training schedule caused or prolonged her injury, even though the doctor supervised her schedule. I would have asked for reports as the case and recovery unfolded, speaking to the doctor if necessary to protect the client.

Third, she actually quit therapy after six weeks, because she was so frustrated with the lack of results. I would have encouraged a work around, goal setting session, just like an athlete would do training for an upcoming event.

Finally, she had to deal with an adjuster, and insurance company that has more interest in saving their money than paying for her claim. The client had to do the accounting, and all the phone calls. An Orange County bicycle accident attorney will do that all for you, so that you can concentrate on your recovery, your sport, work and getting back to the business of life.

She exclaimed that it was not fair, that the driver could get back to normal and she had to continue to suffer. I told her had she come to me early, she would not feel so frustrated. We agreed to take her case, and from now on, my promise to her is that she need not worry about the insurance company and hassle of it all. We will get it done. We referred her to a competent athletes recovery program and she is responding well. While she put up a lot of road blocks to fully recovering under her case, we can and will be able to get it done.

The next time you think what can an Orange County bicycle accident attorney do for you, I hope you will keep a copy of this little story for your review.

James Ballidis is the author of several books on law and accident recovery, including Athletes and Accidents, 9 Pitfalls that Can Delay Your Recovery. For a free copy of this book, call 1 866-981-5596. Please only California resident athletes that have been in an accident may request a free copy. Otherwise, you may purchase the book on Amazon.

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Nationwide, temperatures are increasing and a child advocacy group called Safe Kids USA, along with National Health and Safety Partners is starting a new campaign this spring to bring public awareness and expose the tragedy of “Forgotten Child” deaths.

Since 1998, over 445 children have died from heat stroke and many more have been injured; left unattended in automobiles. Parents and caregivers do not do this intentionally, but because of laziness and sometimes just plain busyness, they expose their children to dangerously high heat levels in cars.

Safety experts remind parents that a child’s body will heat up 3 to 5 times faster than an adult’s and a child left strapped in a car seat has no way of protecting themselves. In less than 10 minutes, a child’s body temperature can rise to 106 degrees—high enough to cause a stroke.

Recently here in Orange County, we had two incidences within 3 days of each other where parents had intentionally left their child in the car alone. In one incidence, a woman left a four year old in a locked car, watching a movie, and then went shopping in Mission Viejo. When the deputy found the girl, she had unbuckled her seat and was playing with the keys to the ignition. Not only was this vehicle at dangerously high heat levels, the risk of child abduction and unintentional car movement was a real possibility.

However in 51% of these hyperthermia cases, the child is literally “forgotten” by the parent or caregiver. Parents that intentionally leave their kids in the cars are around 18% of the time and in 30% of the cases, children are found to have climbed into an unlocked car.
In the fall of 2001, California’s governor signed into law, Kaitlin’s Law: Unattended Child in Motor Vehicle Act. It was named for a six -month old who died after being left in a park car for over two hours. The law clearly states that no child 6 years or younger may be left alone in a car unless a person over 12 years of age is watching them.

Whether you are a caregiver or parent, here are a few safety tips to remember:

· If you ever see a child left unattended in a car, please call 911
· Teach your children never to play in and around cars, and make it a habit of always locking your vehicle.
· Keys are not toys, keep keys away from your child.
· Never leave kids in a running car, even for one minute.
· When loading and unloading your vehicles, always double check that all children have left the car.

The Author James Ballidis is a child advocate, author and practices as an Orange County personal injury lawyer. For other articles on child injuries, playground hazards and protection of children see child dangers articles.

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If you are the unfortunate victim of an accident, you may be wondering what you can expect to recover financially. This can be a tricky question, but there are many things you may not know. If your accident occurred in Southern California, Orange County personal injury lawyers can help you recover the fullest amount of damages from your accident.

The amount you may recover from an accident depends on the extent of the injury. Two people could be involved in the same exact accident and have completely different injuries. You will want to also take a look at how long you have been off of work and what this injury has cost you financially. Additionally, how the accident personally affected you is important. You are unique and your damage claim is entirely different than someone else's. We are not talking about repair of a car, or a simple wage loss. This is your life. All of these items are factors in the final decision of value.

You may want to attempt a quick settlement. This is usually not the best route if you are in need of a financial settlement. Rushing a settlement may leave you in the short term better off but in the long term, with no more rights. Each case requires careful balancing of your needs. You may want to take into consideration all of the financial aspects of your case and prepare a demand letter that you submit. If you have all of your facts and can prove your case, it can help you get a settlement with a good demand letter. But if you cannot develop this on your own, or need help with your accident, An Orange County accident lawyer may be able to help you compose and submit this demand letter in hopes of recovering your losses quickly.

When you are first looking at Orange County personal injury lawyers it is important to conduct an interview with this potential attorney and this can help you determine if an attorney can help you with your case. An attorney can offer their advice and help to determine if their services will benefit you. This can also help you to get a feel for this lawyer and you will see if there can be a potential working relationship with this attorney.

Orange County Personal injury lawyers can get you the help you need if you are involved in accident which results in an injury. You do not have to settle, or feel bullied by insurance company and a good lawyer on your side can be your voice and help you get the money you deserve. A consultation can tell you a lot about your case and all lawyers should offer this early conversation and consultation with advice for free. You have nothing to lose and everything to gain. If you do not need the lawyer, after the consultation, then you will at least learn the important parts of your case and be able to further benefit your case in the future. Further, if you made a friend, the attorney may be able to represent you later, and you did not cause your case to be weakened. Call an attorney if you have any questions.

Jim Ballidis is the author of several free books on injury, damages and selecting an attorney. If you want to view his books, or use the resources he offers for free, contact us at 866 981-5596 or visit the Orange County personal injury attorneys.

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Any time you withhold information you look as though you are hiding something. If you have been involved in a personal injury accident, you may be scared to bring up any preexisting conditions you may have, or previous injuries. You may be under utilizing a strength of your case, and may not realize how important it can be to be completely honest.

First if you hire an attorney, you want to disclose all of your information to the California personal injury lawyers you choose. This includes any past medical issues. Let the attorney decide what may be important to your case. Your attorney will be able to advice you what is significant to your case, and develop a strategy for disclosure pertaining to your case.

If your case goes as far as a court of law, your credibility is a significant factor, that you want on your side. If something comes out later that should have been disclosed from the very beginning, the omission can damage your credibility and this may have disastrous results that contradict what you may have expected. Once your credibility is damaged, you may never be able to regain this fully.

You need to remember that the other side is going to use anything that they can to ruin your credibility and this is why you should make sure that you are up front. It is much better for your California personal injury lawyers to disclose this information, in a light favorable to you rather then the other side learning of it and using it to their advantage. Even if the information is damaging, it is better to plan for and minimize damage rather than loose credibility..

As an example, if you have an existing condition that was re-injured in an accident, you have to disclose this information early to your treating physicians. They may be able to distinguish the difference of injury and even document things they normally would not document. You can still claim new injury and you should not think that your case is over because you have an existing injury.

You do need to visit a doctor right after the accident and make sure that your entire medical condition is well documented. You need to make sure that the California personal injury lawyers have full access to all of your records, even the ones from the past if they are relevant.

California personal injury lawyers will inform you of all of the other things that are needed to make your case strong. You should try to provide everything that your lawyer needs in a timely fashion to make an early difference. For more on past medical history, read our articles from our free accident resource center.

If you need help, don't hesitate to get your attorney involved early. They can save you time and money, developing a strategy for your personal case facts.

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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/.

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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/

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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.

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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.

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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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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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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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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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According to a new report from the California Senate Office and Oversight Outcomes, there are some serious flaws in the way the state of California detects and monitors the elder abuse cases that is overseas. In Orange County alone, the elder abuse cases have tripled since 1994.
Elder abuse can be any violation against the elderly that is physical, verbal, emotional, or economic. California’s aging population is expected to have explosive growth in the next twenty years and California must do a better job of protecting the most vulnerable of our citizens.
One local case was in Laguna Hills that ended in the death of an elderly woman who was mistakenly given morphine and then choked on her food. She later died at a local hospital and the facility was fined $75,000. Another nursing home in Tustin was fined $50,000 when the staff failed to assess a man’s ability to eat and he later choked to death as well.

Additionally, three other nursing home patients were killed when the nursing home director had drugged the patients with powerful anti-psychotic drugs to control them. Heavy workloads and limited staff are commonplace in nursing homes and drugging patients is on the rise according to recent reports. If you or someone you love is a victim of elder abuse, a personal injury attorney can assist you with the investigation and if necessary a lawsuit to stop the abuse, correct the problem and get financial compensation for the harm caused. C all Allen, Flatt, Ballidis & Leslie, or see our personal injury site at www.thecaliforniainjurylawyer.com.

These offenses seem unbelievable and fortunately, most violations are relatively minor compared to these offenses. In fact, around 30% of the nation’s nursing homes have some sort of deficiency and about 1 in 20 actually have abuse. But how can you make sure your loved ones are being cared for? One controversial solution is the use of web or video cameras.
The residential homes that have cameras actually have greater family support and less theft and claims of abuse. Some staff actually welcome cameras to prove their side in false allegation claims. However, one family set up a video camera in their loved one’s room and was horrified when they viewed the film.

Maria Arellano’s family began noticing bruises on her body in early 2006 and when the staff did nothing after the complaints, the family installed a video camera. An aid was caught pulling Ms. Arellano’s hair, bending her neck, fingers and wrists and treating her violently in the shower chair. In addition, the same staff member was found to have repeatedly slapped this stroke victim. Obviously, this woman could not defend herself. Just last month the Arellano family was awarded $7.75 million for elder abuse in the Fillmore Convalescent Hospital in Southern California

How can you protect a loved one from a bad nursing home? A little comparison research into nursing facilities within your county before you need it will ensure a better experience for your entire family.

A good starting point is www.medicare.gov/. On the Medicare site, you can search nursing homes by name, city, zip, state or geographical region. In addition, you can compare several homes, side by side, for any violation and staffing numbers. Finally, once you decided on a home you may access detailed health and fire inspection reports on these facilities.

Additionally, you can visit the California Advocates for Nursing Home Reform’s website at www.canhr.org/ for a listing of nursing homes with the Department of Health violations.

James Ballidis is a personal attorney in Newport Beach, California. Call us at 1 866 981-5596 for a free consultation.

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Good daycare here in Southern California has always been a major concern for parents with small children, but after two questionable incidences recently, it leaves parents wondering where the state authorities are and how often a typical facility gets inspected.

Just last month a man went to the emergency room with 4 fingers missing. He said that he had accidentally blew his fingers off with a gun. After further analysis, the doctors concluded that the injuries were not consistent with a gun injury and called in law enforcement. They later found that he made explosives at his home in Lake Elsinore. Also at this home he grew marijuana and his mother ran a daycare center for children. Fortunately no children were injured in the explosion, but it could have been much worse!

Another recent close call was when a licensed daycare “lost” two of the toddlers they were caring for. The two kids had escaped through a broken fence during nap time and were found later walking along an active Metrolink train rail. Neighbors actually found the toddlers and called police. They had no identification on them and only when the officers concluded that they must have walked from the YMCA facility, they took them back there. You can only imagine the outrage of a parent when you go to pick up your child, only to be told, “I’m sorry but we can’t find your child”.

Both of these cases are currently being investigated by the Community Care Licensing Division of the Department of Social Services. Since 1990, over 31,000 children have been treated in hospital emergency rooms for injuries obtained in child care/day care facilities and sadly, 56 have been killed nationwide.

Not all facilities are created equal, so before you leave your child either in a licensed home or larger daycare center; ask lots of questions, perform background checks and make sure that the center is following all of the California state guidelines.
The Consumer Product Safety Commission, www.cpsc.gov/ suggests a safety checklist with the following items to ensure the facility you choose is safe:
• Playground maintenance/ surfacing: Check equipment, surface materials and fences to be sure all items are safe.
• Window blinds and curtain cords: This is a major choking hazard. Make sure there are no looped cords and vertical blinds are held down tight.
• Safety gates: Inside the home to avoid stairs and as well as outside to avoid pool areas and other dangers.
• Cribs: Older cribs may not meet all current safety standards; major choking and suffocation hazard.

James Ballidis is a personal injury attorney practicing in Orange County, California.

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floor mats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floormats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floormats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floor mats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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A jury in Sacramento returned a $16.57 million verdict against Entercom Broadcasting's Sacramento subsidiary when a woman died from drinking too much water to win a WII game contest. The winner was the person that could consume the most water without having to go to the bathroom. Water poisoning can occur with the consumption of too much water.

What is interesting about this case, is the ability of a Plaintiff to get it to trial without dismissal, and not for the reasons you are probably thinking.

The Plaintiffs, family of the deceased woman, made a point that the radio station was warned of the dangers before the contest, knew the dangers and still held the contest. Additionally, the local station and managers did not follow their internal rules and regulations regarding holding such contests. These types of contests were prohibited by their own rules because they pose an unusual danger to contestants. The Plaintiffs’ attorney made several post trial statements that this case was about holding people responsible for their acts, including this station and their employees. The jury found no responsibility on the decedent, as she apparently had no warning of the dangers of drinking too much water.

In most cases, where a contestant had participated in a contest, they are required to execute a release and waiver of claims for personal injury. This case was no exception, but the release was poorly written. In most cases, people who participate in contests can waive their entire right to make any claim and Courts in California have routinely held these releases valid. That is why it is important if you are a victim of one of these contests, you consult with a California personal injury attorney.

In this case, through some digging, I got a copy of the release. It states:

“Release for all claims including personal injury.
In consideration of goods and valuable consideration received and to be received, I (and everyone I know) do hereby release Entercom Inc. from all claims, demands, grievances, and causes of action either legal or equitable, including but not limited to all damages of any kind incurred by myself and others…”

This release fails as far to generalized to escape liability for negligence or intentional conduct, but don’t think that an ironclad release cannot be drafted. In many cases in California a release has been upheld even if the damages could not have been expected. One of the most unusual cases, a TV fell from a Gym wall onto a patron as he was walking by, but the release provided protection even though the TV had been mounted improperly by an employee and had nothing to do with the patron. In fact Courts in California have been trending toward upholding the validity of releases more than denying their application.

I am sure that this woman had no notion that she was signing away her rights if she died during the contest. No one anticipates these tragedies. But the ability to sue should not be limited by a release if the other party does things that intentionally or negligently cause you injury, and that are out of your control or not anticipated.

Most cases get dismissed because crafty lawyers draft air tight releases, even though, as in this case, the company did not even follow the basic rules set out to protect contestants.

In modern society, big business controls everything. If you want to join a gym, you have to sign a release and if you participate in a contest, be prepared to suffer the consequences. You are on your own.

James Ballidis is an attorney in Southern California and has represented many clients facing release issues against their rights. We encourage you to always have an attorney review your release if you are hurt and your claims are being denied. Many releases can be broken, like this one, where the release is not drafted properly and completely. Call us at 949 752-7474 if you want to consult us or contact us.

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I have recently written on the number of examples where tort reform has not worked. Workers compensation is a failure, as workers have no right to sue their employers for negligence. Health insurance companies, operating under ERISA laws deny coverage wrongfully, and often, and have no legal recourse. In none of these examples has there been a fair treatment of those injured due to the negligence of another. Instead there has been a compromise of their rights, allegedly for the sake of society.

One frequent argument proposed for tort reform is that a less expensive and more effective method of controlling negligence is through government supervision and regulation. Nothing could be further than the truth as evidenced by the recent Los Angeles Times article on October 21, 2009 investigating Cal OSHA penalties for employer negligence. I invite your review of this article personally becasue I believe it deserves a Pulitzer for fair and in depth investigative reporting by Jessica Garrison.

An employer, Bimbo bakeries in California, had six amputations and a fractured hand at the workplace between 2003 and 2006. Cal OSHA investigated each of these violations, determined them to be caused by a serious failure to abide by safety regulations, maintain guards on equipment and operate the factory safely. Investigators levied fines anywhere from $2000-$21,000. However, the article pointed out that the Cal OSHA appeals boards waived almost all of the fines assessed and levied against this particular employer, not because they found the investigations without merit, but according to Candice Traeger, chairman of the appeals board, a backlog of cases drew a federal complaint causing the board to settle thousands of cases for pennies on the dollar.

Did the employer learned lessons through the efforts of governmental oversight? I doubt it given the first fine in July of 2003 of $21,750 was waived for an amputation; the second amputation in October 2004 generated a fine of $22,500 and was reduced to $5000 and so on. The employer effectively pawned its responsibility off on workers compensation insurance, a system you and I have to support in part through the State Compensation Insurance Fund, with tax dollars. This employer will continue to operate in callous disregard for its employees’ safety.

Recognize that each worker is only paid a limited portion of their damages: only a small portion of their lost wages, medical bills as authorized by the employer, and a permanent disability rating far less than a jury award typically provides for loss of limb. They will however have to live with the amputation, limitations, embarrassment and disfigurement for the balance of their life.

Tort reform simply does not work, and limitations on damages payable to the victim are unjustified. Instead we should be asking these companies why they are refusing to act responsibly, and how much in punitive damages should they have to pay until they do.

I can assure you that as a California personal injury attorney, if I were not precluded from bringing suit, each of you as jurors, listening to testimony arising from six different amputations would feel not only comfortable but compelled to award compensation damages to the most recent victim and punitive damages to punish the company for its conduct. You have taken that capability from attorneys and given it to Cal OSHA in the hopes that effective oversight is enforced.

As you can see, your government is only as effective as the money you give to them, and I am not clear why my taxes should be used to enforce laws that a company should be observing on their own. Make these companies pay for their own errors and they will either comply or go out of business. If the latter option is chosen, more responsible employers will populate the bakery field and responsibly save death and injury to countless victims.

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Posted In: Construction Accidents , Injuries , Insurance Disputes , Product Liability

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Knott’s Berry farms’ Xcelerator ride will be shut down until further notice while investigators try to figure out what caused a cable to snap and injure two people on the ride.

Orange County Fire Authority paramedics arrived immediately on the scene Wednesday when the accident occurred. There were 9 people on the ride at the time but fortunately only two were injured; a twelve year old boy was treated for a leg laceration and the other person complained of back pain. The two injured were taken to nearby hospitals but were expected to be released soon.

All rides at Knott’s Berry Farm, including Xcelerator, are inspected daily. The cable in question was replaced last December and according to the cable’s manufacturer is supposed to be good for one year. The ride has a drop of 205 feet and reaches a top speed of 82mph.

It is unusual to have a failure for an unexplained reason. In serious accident cases, an investigation by an Orange County personal injury attorney usually is a necessary, as company investigations may not be thoroughly neutral and unbiased. Have you or a loved one been injured at an amusement park? Call a California injury lawyer to decide what to do in your individual case. Jim Ballidis at Allen, Flatt, Ballidis and Leslie always offers a free consultation.

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Aqua-Leisure Industries has voluntarily recalled it baby float products upon immediate recommendation from the U.S. Consumer Product Safety Commission. Several baby floats have been found to have seats and straps that tear, causing babies and small children to fall into or under the water. There have been 31 incidents to date and fortunately no deaths. Float devices include the names, “Deluxe Baby Boat”, “Baby and Me Combo”, and many animal-shaped flotation devices. For a full list of products and corresponding pictures, please visit www.cpsc.gov.

The flotation products were sold at stores such as Target, Toys “R” Us, Wal-Mart, Dollar, Ace Hardware and Walgreen’s from December 2002 through June 2009. Although the recall does not include all of Aqua-Leisure’s products, it’s a good idea to inspect any flotation device when it comes to the safety of your children in a pool or lake. These straps can break without warning and create a major risk of drowning.

If you know someone who has been injured in an accident through a product defect, you need to speak with a California personal injury attorney before the statute of limitations has expired. Allen, Flatt, Ballidis and Leslie have served the community of Orange County since 1974. Call us at 1 888 752-7474 anytime for a free consultation..

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Imagine going to your local daycare to pick up your child, only to find out he or she is “missing”. That’s what happened to Rosie Mendez in August when she went to pick up her 2 year old son. No one from the daycare or police notified her that her son had been missing for over two hours.

Her son Eric had been attending the YMCA’s Children’s Station daycare in central Orange County. Although the attendants at the daycare are not sure when it happened, somehow the two toddlers escaped from the grounds through a broken fence and were discovered missing during a routine headcount around 3pm. They were only discovered when neighbors saw two toddlers playing on the railroad tracks used by Metrolink. Police came and picked them up but still didn’t know where the children were from. They drove around until they spotted the daycare and assumed the kids had wandered away from the facility.

California state regulators are now investigating the daycare for any violations. This facility should be thankful that nothing tragic happened to these two toddlers, although Metrolink trains run every 30 minutes through this area of Anaheim.

Know your daycare facility, check for violations and make sure that you know their emergency procedures. This situation can happen all too frequently. As a father and a California personal injury attorney, I really cannot excuse the failure to notify the parents. Once the children were missing, an immediate call should have been made. I would want to know and help with the search, as I suspect you would too.

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Cell phones produce heat, as anyone who has been on the phone can attest, after a few minutes. Heat has been known to cause destruction of cell membranes and was thought to increase the possibility of brain tumors. However, less visible is the electromagnetic radiation from a cell phone. There has been wide speculation that this radiation may also cause injury to the brain and or several types of cancer. In a call to action, many studies were orchestrated over the last 8 years and, like global warming and the debate about tobacco in the 60's, it is not surprising that there is disagreement.

A number of Independent studies have concluded there is a higher risk of brain cancer in users of cell phones, particularly in young users less than 18 years of age and in those that use a phone for more than 10 years. Some studies have estimated the risk as high as 240%. Now do I have your attention. Cell phone industry sponsored studies have naturally declared such conclusions groundless. Who is right!

As a California personal injury attorney of 25 years, I have seen the willingness of large industry to slant the truth about safety for profit. Tobacco was the recent Goliath to fall, but car manufacturers, crib manufacturers, and a slew of other products I have written about over the last few years, demonstrates that manufacturer studies are not to be trusted as reliable.

In response to growing global fear the increased risk of cancer might be true, a huge undertaking was initiated to do a global, multiple country assessment of these risks. Four years ago the data was finally compiled, but to date, no report has been issued. It is suspected that the researchers have significant disagreement about the results and conclusions to publish. It would be silly to think politics and economic influences are not also in play in such a serious and large effort.

A group of researchers has now come out with a report, "Cell Phones And Brain Tumors. 15 Reasons For Concern." In this report, they point to the lack of conclusions in the most recent global phone study as evidence of concern, refute many corporate studies with other study comparisons and give 15 grounds for you and I to be concerned about cell phone use and brain tumors. I would recommend you read the report yourself, and see if you are not persuaded cancer from cell phone use is a real and dangerous concern. Just the list of researchers that support the paper is worth a look, and comprises 45 scientists and 7 organizations from many countries.

Cell phone use is like smoking of the 60's, everyone was dong it, and we relied on the government and big business to protect us. This may simply not be a viable in this age. I am thinking for myself and I encourage you to do the same.

Oh and by the way, if you are thinking this might be a great lawsuit next week if you develop brain cancer, think again. The laws in federal court require that at least there be an accepted scientific community consensus that your cancer was caused by phone radiation. We do not have that consencus now, and the skeptic in me supposes that the cell phone industry would like to keep it that way for many years to come.

James Ballidis is a California personal products liability attorney in Newport Beach California.

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According to new federal safety data, traffic fatalities in Orange County have decreased 15% in 2008 from the previous year but O.C. motorcycle accident deaths have increased 44%. There are several reasons for the increase; less skilled riders, a bad economy and more powerful riding equipment.

It started with the high cost of fuel and now with lower incomes, more than ever people are turning the cars in for motorcycles. However, driving a motorcycle is not like driving a car. Newer motorbikes are heavier, faster and more difficult to control. In California over one-third of all motorcycle accident victims did not have the proper Department of Motor Vehicle endorsement on their licenses.

It is not unusual for me to see an accident outside one of the motorcycle performance shops in Orange County. You know the guy, just bought the bike, can't wait to ride, has little training on this bike, pulls from the parking lot and gives too much throttle, inevitably dumping the bike.

The California Office of Traffic and Safety is encouraging every motorcycle driver to get trained through the California Motorcyclist Safety Program. Graduates of these programs qualify for DMV endorsements and won’t have to take the skills exam. I recommend that you go out with a seasoned rider, and learn the performance and tendencies of your new machine.

With the exception of bad motorcycle accident data, Orange County ‘s vehicle fatalities are decreasing and DUI deaths are down thanks to more awareness and social responsibility. California vehicle fatalities were down 14% last year, the lowest level since 1975.
If you have been involved in a motorcycle or vehicle accident, don’t hesitate to contact a motorcycle accident lawyer as soon as you are able. You can call us at 1 866 752-7474 for immediate help.

James Ballidis is an attorney with the firm of Allen, Flatt, Ballidis & Leslie.

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Posted In: Bicycle accidents , Injuries , Insurance Disputes , Motorcycle Accidents

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The family of 90-year old Charles Gaal has filed suit in Orange County Circuit Court against Dr. Wesley Meyers for medical negligence. The family is suing the dentist for allegedly dropping tools down this elderly man’s throat—twice. The lawsuit claims that in 2006 the doctor dropped an “implant screwdriver tool” and in 2007 a “mini-wrench”.

Gaal underwent multiple medical procedures to remove the tools but never completely recovered. He suffered a heart attack in 2007 and died a few days later. Dr. Meyer’s was fined $17,000 by the state during their investigation.

Although this case is rather extreme, medical errors are on the rise here in the U.S. in the form of drug interactions, wrong medicines, hospital infections and surgical errors.

Our office does not offer legal representation for medical malpractice issues. However, we may still be able to help. Call us at 1 866 752-7474 if you are in Southern California and we may be able to refer you to a specialist. Also James Ballidis of our office wrote a book. "Avoid Lawyer Advertising Hype. A Lawyer's Method For Finding a Lawyer." We will send you this informative book for free if you want to use a lawyer's method for finding the right attorney for you. It gives you practical advice on how to easily research and locate an attorney, what to ask and how to check their track record. Call us at 1 866 752-7474. We want you to Soar Above, not just survive an accident.

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The preventable death of a 2-month old infant here in Orange County this week reminds us all that seat belts saves lives and in this case, a properly used infant car seat could have saved this baby’s life.

The Garcia family of Santa Ana was driving southbound on the I-5 freeway in Tustin when they drifted into the neighboring truck’s lane. California Highway Patrol reports that after hitting the truck’s left corner, Garcia lost control of the van then turned sharply onto the dirt embankment and overturned. The baby was thrown from the vehicle and was killed instantly.

Seat belts have long been required for infants and children. They are more likely to be injured because of the forces subjected to their small body during an accident. Smaller in size, a force that may shake a 210 pound man, may throw children and infants during a collision, even if the collision is not significant to the balance of the occupants. No one will suffer more than the Garcia family. We as a community, law enforcement and neighbors should always continue to stress safety for infants and children in an auto.

Garcia suffered moderate injuries and the four other passengers who were wearing their seatbelts suffered only minor injuries. The truck driver pulled over immediately but was unharmed during the incident.

Auto accidents happen when you least expect them and typically they happen close to your home as in this case. Orange County accident lawyers can handle local accidents better than anyone because of their expert local knowledge.

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California Highway Patrol reported at least 5 people are dead following a suspected blown tire on one of Orange County’s busiest freeways recently.

The accident occurred on the southbound I-5 freeway around ten o’clock in the morning. A 37- year old man and 33-year old woman, plus 3 additional passengers were in a Chevrolet Tracker when witnesses described that the vehicle suddenly veered off the highway and went down the embankment. The SUV finally stopped behind the bookstore in the El Paseo shopping center. Orange County Coroner’s office verified that all five victims were burned beyond recognition.
The Geo Tracker was made by General Motors between 1989-2004.

During the years 1991-1993, this vehicle received the worst possible rating by the Insurance Institute for Highway Safety. The death rate was almost three times the average for all passenger vehicles. This car has a high risk for head injury for the driver.
The accident is still under investigation.

Tire defects can cause damage and injury. However, every driver should be able to negotiate a blown tire by safely pulling to the side of the road. Otherwise we would all be killed because at one time or another we have all experienced a flat tire. This collision should be no exception.

If you know anyone who has been in an auto accident they need to speak to an experienced auto accident attorney as soon as they can. We can will review possible recalls of tire and other safety issues that a car owner may not be aware of. Allen Flatt, Ballidis and Leslie have been serving Orange County since 1974.

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Recall I wrote about a February crash causing the death of a couple and the pilot off of Catalina Island airport in a small airplane. The final report of the NTSB is not done, but the preliminary report concluded that the plane took off and climbed to 2400 feet then made two turns losing 600 feet in altitude in 6 seconds per radar. It was gusty at 19 knots to 27 knots and the airport altitude is 1604 feet. A decent to 1800 feet put them within 200 feet of the ground by radar, and then they crashed. It is still unexplained why the pilot crashed the plane, and the NTSB usually completes their investigations within 6 months of the crash.

Interestingly, 116 crashes or incidents have been investigated in California in the last 7 months and 41 people killed according to the reports of the NTSB. It seems that small plane flight in California can be quite dangerous. Of the investigations that have been completed since January, 24 competed investigations, 4 have been blamed on unusual wind conditions, 18 incidents were caused by pilot error and 2 caused by mechanical failure. A significant number of pilot errors were attributed to non-production aircraft or student fliers.

We will see how the remaining ninety two investigations unfold. James Ballidis is an attorney specializing in California personal injury and accident claims with the firm of Allen, Flatt, Ballidis & Leslie.

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That’s right. You can, without guilt, eat MM’S or Drink Gatorade containing the colorant FD&C blue dye No. 1. As many of you know, I am constantly searching to find better remedies and cutting edge technology for the medical improvement of our clients who have sustained spinal injury in accidents. Here is the latest!

The colorant Brilliant Blue G, almost identical to FD&C blue dye No. 1 has been linked to the ability to resolve spinal paralysis in rats. Rats, given through-the-vein injections of the compound, regained the ability to walk again after sustaining paralyzing spinal injury. Those rats that did not obtain the injections were permanently paralyzed.

Reported on line in the Proceedings of the National Academy of Sciences, researcher Maiken Nedergaard noted that the two dyes are very similar and could exchange for each other. Of course the research is new and must be further tested. Additionally there is no report of the effects on spinal injury instead of paralysis. Nor is there any research on ingestion vs injection.

However, if you have sustained a spinal injury or neurological injury, why not gleefully explore the additional healing potential of eating a few blue MM’S and sipping on Gatorade Blue while you attend your physical therapy visits! It can’t hurt, and may even make you feel a bit hopeful that you will continue to improve!

James Ballidis is an attorney that specializes in personal injury claims and president of Allen, Flatt, Ballidis & Leslie in Newport Beach, California.

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Terry Williams was a veteran flight attendant for more than 17 years but on April 11, 2007, she saw something mysterious coming through the cabin looking like a “misty haze type of smoke”. Since then it has become known as the “fume event”. From that time on, Williams has fought a two year battle with chronic migraines, balance and vision problems, tremors and loss of memory.

Williams’ attorney has filed a product liability lawsuit against Boeing and McDonnell Douglas; aircraft manufacturers of the MD-82 aircraft that she was flying on. Her main criticism is that due to lack of on board filters and sensors, a major design flaw with the plane’s ventilation system, the toxins in the main cabin made her sick.

According the National Research Council, four out of every 1,000 flights have one of these “fume events”. Her symptoms are also consistent with neurotoxin exposure. This occurs when the engine oil seals leak and the engine fluid breakdowns and vaporizes in the cabin.

Are you working in a dangerous environment that is making you ill? Don't wait two years to investigate. Call someone to learn what you were exposed to and how to remedy the situation. This event happens so frequently, I am surprised that it has not been the issue of litigation sooner. James Ballidis is an attorney with the firm of Allen, Flatt, Ballidis & Lelsie Inc. in Southern California.

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Orange County investigators have been looking into a boating accident that occurred in Huntington Harbor when 3 friends from Huntington Beach were driving wildly in an inflatable boat. Eyewitness accounts said that they were speeding through the harbor, making sharp circles and turns before they hit the bridge. Since it was high tide, the men would have had to duck to clear the Gilbert Drive Bridge.

The driver of the boat, Shawn Michael Wilson was found dead hours after the crash under a nearby dock. The other fatality was Caleb Steel, who was also found floating. Both men experienced massive trauma when their bodies hit the bridge. A third man, James Geekie was found unconscious but still in the boat after the accident. He was taken to UCI medical Center with head trauma injuries.

Autopsy toxicology reports are pending due to the theory that all three men had been drinking heavily that night. They had been spotted earlier in nearby bars and had empty beer cans in the boat. The case reminds us that good ideas after you have been drinking (hey let's get in the boat and go for a cruise) are usually not such a good idea. Boats, like cars, can cause injury or death and accidents like this should act as a reminder to us all that drinking and driving is not a good idea.

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Just past midnight on July 7, 2009 Patti Pattison was involved in an accident on the 241 toll road. While heading home after working at Hoag Hospital she was hit in the back, the passenger door, and the front of her car. She then spun around several times, describing it as "the teacups at Disneyland," as reported in the Orange County Register.

Normally, someone who causes this accident would have stopped and seen if Ms. Pattison was alright, but instead the hit and run driver drove away without a blink. Isn't it outrageous that the accident causing driver left the scene without checking if Ms. Pattison was alright? With only the vague description of a beige car from Ms. Pattison, the probability of finding the driver has left her dissatisfied.

Luckily the Toll Road records every vehicle that passes through. This includes vehicles with transponders as well as those to pay cash, and even the ones who try to skip out on payment. Patti Pattison is sure the vehicle did not stop at the Toll Road booth but instead sped out of the Alton Parkway exit without stopping.

The vehicle either had a Toll Road pass which would have been recorded with the transponder owners name, address, phone number, etc, or the driver tried to skip out on payment and had a picture taken of the license plate. Either way the vehicle should be discoverable.
The CHP had asked the Transportation Corridor Agencies, who run the Toll Roads, for identification of the vehicle. Strangely no results were found.

Was every effort really made to find the vehicle identification? Obviously, the toll company was not going to be paid for the search effort. Should it still do a thorough search to help locate the hit and run driver? By not completing a thorough search, we are encouraging people to run and get away from their legal responsibilities.

Devonie Migues is an intern with Allen, Flatt, Ballidis & Leslie, a firm specializing in auto accident liability and recovery.

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Two people have died due to sudden and unexpected acceleration of their 2005 Toyota Camary. The National Transportation and Safety Board still maintains that there is no problem with the car. Let me tell you the facts as reported by the police departments that investigated the accidents. You can probably see that a defect exist, why can't the NTSB?

Anne Ezal was going to lunch at the Pelican Point Restaurant in Pismo Beach,California. The restaurant parking lot was downhill of the restaurant. After travelling down the hill and coming to a stop in a parking spot at the bottom of the parking lot hill, the Camary suddenly
accelerated, jumped a curb, went through a fence, negotiated a dirt extension of the lot and then tumbled over the bluff, a feature of the restaurant views. There was no reason to accelerate after pulling into the parking spot and coming to a stop. The vehicle
fell 70 feet killing the driver. There was no explanation why the car suddenly accelerated, and why it kept accelerating though the entire distance traveled before careening over the cliff. The passenger witness said that the driver was doing everything she could to stop the car while approaching the cliff.

In Oklahoma later in 2007, Jean Bookout and her friend Barbara Schwarz were exiting a Highway ramp in Oklahoma. She was also driving a 2005 Camry. The car suddenly accelerated, and to try to stop the car, the driver put on the emergency brake, leaving 100 feet of skid with one tire alone. The vehicle would not stop and the car ran into an embankment with huge force, causing the wrongful death of the passenger and severely injuring the driver.

Someone needs to wake up at the NTSB. While an investigation was conducted that inspected the cars, nothing was found. For a thorough analysis of the investigation, see this article in The Safety Record, by Safety Record and Strategies Inc. Isn't the purpose of the NTSB to protect us from faulty cars. More than a cursory investigation is needed where evidence so clearly points to a problem when these cars are going off the road. In the mean time, buy a 2005 Camary at your own risk.

Allen, Flatt, Ballidis & Leslie is a personal injury and accident law firm located in southern California. James Ballidis has been with the firm for 25 years in the capacity as senior trial attorney.

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Posted In: Car Accidents , Firm News , Injuries , Product Liability , Truck Accidents

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General Motors and Chrysler swooped through bankruptcy court and into economic heaven. Not only do they dispose of financial obligations, but they are now immune to civil claims of injury or damages arising from defective cars. According to several advocacy groups, this is a serious blow to the families that have such claims now, and those that might have a claim when literally the wheels come off the car.

Is there something you can do! No. Not a thing. You no longer have any rights for all cars built or assembled and sold before the bankruptcy filing and finalization. There is however a movement to force sellers of such cars to place a plackard on each car where defects have been noted warning consumers of the injury potential before the consumer buys the car, whether new or used. The idea is of course to have these vehicles removed from the streets by reducing the demand for the cars. It is a great idea in my mind. Let the car dealers eat the losses caused by these defective death traps, and remocve these cars from use. Then we don't have to claim personal injury when the defects manifest themselves.

James Ballidis is a personal injury and accident attorney with Allen, Flatt, Ballidis & Leslie in Newport Beach, California

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Orange County Fire Authority was called to the parking lot of La Tierra Elementary School with a 9-1-1 call concerning an unconscious 14 year old boy. Initially it was thought that he had a skateboarding accident, but after the facts were revealed, it seems he had sustained head trauma through a senseless trunk riding stunt.

Investigators believe that the 17 year old driver was offering to take kids to a nearby park. When the inside of his car filled up, then three young boys got into the open trunk. Nestor Barrientos-Macias then fell off the trunk and hit his head. He was rushed to Mission Hospital but died three days later.

This week the 17 year old driver was arrested and charged with vehicular manslaughter and suspicion of felony hit and run. Trunk riding is a dangerous new stunt and parents need to warn their children of the tragic consequences; both as the driver and rider.

If you or your children have been injured in any type of orange county auto accident, don’t hesitate to contact an experienced accident injury attorney immediately.

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Ultimate Fighting Champion, Quinton “Rampage” Jackson is being sued in Orange County Superior Court by a woman in Huntington Beach. Her attorney did not specify the amount of the claim but they did say they were seeking damages for the loss of her baby in the 2008 auto accident.

Just days after losing his UFC light-heavyweight-belt in July 2008, Jackson drove his truck erratically down Newport Boulevard, crashing into three vehicles. The lawsuit claims that Jackson’s truck continued to ram the woman's vehicle in an effort to flee the scene.

She was taken to Hoag Hospital in Newport Beach where three days later she lost her baby. She claims that the repeated trauma to her stomach by the steering wheel caused her amniotic fluid sac to break, ultimately causing the stillbirth of her child.

Jackson was arrested for misdemeanor reckless driving and pled guilty to evading police. He was ordered to complete community service, mental health therapy and pay for the damage he caused.

Even though Jackson has apologized, nothing can reverse the course of events.
If you have been involved in an accident resulting in serious personal injury or wrongful death, you need the help of a skilled personal injury lawyer. James Ballidis is an attorney with Allen, Flatt, Ballidis & Leslie.

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One innocent person was killed and three more critically injured when a high speed chase here in Westminster, Orange County, California ended tragically. Initially, police were called to the parking lot of an auto body shop with complaints of two men assaulting a third. When police arrived, the two suspects got into their pick-up truck and took-off.

During the police chase, the suspect’s vehicle reached speeds between 80 and 100 mile per hour on surface streets. The suspects then ran a red light and after that smashed head on into another truck and small car. The impact of the crash pushed the suspect’s truck about 100 yards down the street and it ended up on its side.

The man in the pick-up truck died immediately and the original two suspects as well as the person in the small car were taken to nearby hospital with critical injuries.

Unfortunately, high-speed chases are almost common place here in Southern California. Police chases are necessary to stop fleeing felons, but rules are in place to protect the public. It is always a balancing act between capturing the suspects and protecting the public. Unfortunately, fleeing felons do not care about the safety of the public. T

hat is why the penalty to them for fleeing must be so great that they care about their well being and likely prison term. Stiff sentences should be automatic, and heavy when fleeing law enforcement. Incarceration should not be in the general population pens where they can commune with other felons. Maybe it is time to review putting these people back onto "hard labor" chain gang work? Take the fun out of the escape by adding the back side payback, and you will reduce the fleeing suspect attempts.

As a Orange County personal injury attorney we see the devastation and destruction caused by these fleeing felons. It would be better to stop it before the attempted escape starts, rather than try to chase the felons "carefully." I say throw the book at them.

James Ballidis is a Newport Beach accident attorney practicing in Orange County California.

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Cypress Police Department in Orange County are calling the dog bites from its own police dog an accident, but the 22 year old woman that was bitten has filed suit through her attorney.

The dog bite happened in the early morning hours of August 16th, 2008. Police officers were searching a neighborhood for an armed robbery suspect. The police asked the homeowner if they could search the surrounding property and garage. The homeowner agreed, but had f a guest sleeping in the garage. When the officers and dog entered the garage, they found Alicia Quinonez, 22 sleeping. Quinonez was startled awake and may have kicked or swiped at the dog, that fact is disputed at this point. She was taken to a nearby hospital with severe bites to her right leg.

Her attorney claims that a police dog should be have been better trained. The city is now conducting a full investigation. Whether a governmental official or private citizen, a dog owner is responsible for the behavior of his/her dog. When ever someone ifs bitten wrongly, a California personal injury attorney specializing in dog bite cases can provide a meaningful evaluation of your right to bring a claim.

James Ballidis is an attorney practicing in Orange County California and specializes in Dog bite and personal injury claims.

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Posted In: Dog Bites , Injuries

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Recently, California state officials have concluded that two Orange County nursing homes will be fined for providing insufficient care for their patients. In both cases, the inadequate care led to the wrongful deaths of two people.

In the first case, West Alamitos Health Care center was fined $100,000 for the death of a woman who was not given enough fluids. She got so severely dehydrated that she was transferred to the hospital and died six days later of acute kidney failure. How a facility to withhold fluids is just beyond comprehension and the fine certainly does not value the life of this woman.

The second facility fined $80,000 was at Huntington Valley HealthCare Center in Huntington Beach. In this case, the nurses did not call 9-1-1 when the patient was having a heart attack, even though his advanced directive specifically stated he wanted CPR in an emergency situation. The staff misread the instructions and the patient subsequently died.

In both cases, the personnel involved have are no longer employed by these facilities. But is this really enough? Two people died because of inattentive medical staff! Orange County Personal Injury attorneys frequently see elderly clients mistreated and abused by facilities with inadequately trained staff or staff that is apathetic to the needs of their patients. It is simply unacceptable, and fines that nothing more than a slap on the hand are unacceptable when a death occurs.

When you leave an elderly loved one in a nursing home, make certain that the staff reads and understands the medical directive. As a Orange County personal injury attorney, I recommend that you even insist on meeting the staff members that are primarily assigned to care for your family member. It is harder for them to ignore your loved one if they will also have to answer to you and you can make a judgment call if the staff member is not adequately trained to care for you family. Additionally, check the facility out with the state and county licensing boards to check for various fines.

Written by James Ballidis, a California personal injury and auto accident attorney with 25 years experience practicing in Newport Beach California.

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Summer is quickly approaching and so far this year, the Orange County Fire Authority has responded to 14 calls of near-drowning in the Orange County area. This is quite alarming especially since the summer swimming season has not yet begun. Of the 14 calls, four have been fatal.

In the last two weeks, a one year old boy from Aliso Viejo and a 47 year old man from San Juan Capistrano have died from drowning. The one thing these two calls as well as the other 12 have in common is that no one was watching. At a party or a public pool, don’t always think that someone else is watching your child. Lifeguards often times are distracted and can’t always see everyone in the pool! Additionally, just because someone is an adult doesn’t mean that they can swim.

Officials from the OCFA will soon begin a new water safety campaign to provide safety tips for parents. The most important tip is to assign someone to watch your pool during large gatherings, and it goes without saying that children should be monitored at all times.
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If someone you know has experienced an pool related drowning or injury in a pool setting, don’t hesitate to call an experienced Orange County accident lawyer or a personal injury attorney that specializes in pool drowning claims. Call us at any time for a free consultation at 1 888 752-7474 for any personal injury needs you may have.

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Heavy fog is being blamed for a massive multi-car pileup in Southern California last week. Wreckage of at least four big rig trucks and several cars were strewn at least a half mile on Interstate I-15 in the Oak Hills area of the Cajon Pass. Fog does not cause accidents, poor judgment by truck and auto drivers, during such conditions causes accidents. Truck drivers, in a hurry to deliver their loads, do not slow down under such conditions. They also underestimate their ability to stop in such conditions. Many accidents are caused each year from fog, but anyone who has traveled this highway knows that fog comes and goes. It is the duty of the motorist and truck driver to slow down, and proceed more cautiously.

There were reports of several injuries as well as diesel fuel spills which brought hazmat teams to clean up the dangerous materials. Many of the injured were transported to nearby hospitals with minor to moderate injuries.

The Cajon Pass in Southern California is the major artery East of Orange County. It transports traffic between the low desert cities and Riverside County. It was closed for most of the day causing huge traffic delays during the massive clean-up.

Our firm is all too familiar with the Cajon pass and the injuries and damages it causes to others. Whether it is fog, snow, rain or simply trucks traveling too fast, it is a major source of personal injury to motorists. If you have been injured in an accident similar to this one, you need a California personal injury attorney to handle your case. Multi-car accidents can be more complicated and you need an expert on your side. Contact Allen, Flatt, Ballidis and Leslie for a comprehensive review of your situation.

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Disneyland is “the Happiest Place on Earth”, at least here in Orange County, but 2 years ago it turned into a nightmare for two California women.

Qi Zhao and her two sisters and a niece were all riding the tram to return to your car after a fun day at the Disney theme park. The family had been at the park about 10 hours and they were tired. During the short tram ride Zhao fell asleep and when the tram drove around the turnaround to reverse direction.

Zhao sustained major head trauma when her head hit the pavement. Additionally she suffered a fractured skull and was in a coma for three weeks. Her other sister only had minor injuries.

The family brought a lawsuit against Disney for dangerous tram rides that travel at too fast for conditions and patrons likily to be tired from a long day at the park. Do you think that a person who falls asleep should be paid for their injuries on a tram? Disney counterclaimed that the family did not pay attention to the safety announcements, and was responsible for their own injuries. The decision was to be put into the hands of a jury, but Disney and the Plaintiff have now settled the claim with the Zhao family for an undisclosed figure.

Typically, Disney does not settle any cases it feels it can win. We will never know what the settlement was, $5,000 or $500,000 because the settlement was confidential. I suspect both parties had some points to raise, but I would be curious of the outcome at trial. I think an Orange County jury would have been hard pressed to award any sums in this case unless shown some really compelling evidence of liability in litigation.

Have you been injured in an amusement park accident, or any other accident due to the negligence of another? If so, you should have an investigation conducted to ascertain the real cause of the accident. While this person fell asleep, I suspect Disney had other motivations to settle because of negligence in their way of transporting patrons. I am sure Disney settled because they feared some type of loss at trial, even with a conservative Orange County jury. Protect your rights by learning what caused your injuries. Speak with an Orange County attorney familiar with personal injury claims to evaluate your rights.

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Orange County Sheriff personnel have identified the young girl from Lake Forest that was tragically killed over the weekend. The young girl, Jasmine Sanchez was only eight years old when the Chevy Tahoe she was riding in was hit by another car and then crashed uncontrollably into a utility pole.

Witnesses reported seeing a BMW 325 change lanes quickly before clipping the Tahoe. The driver of the BMW is Soroosh Mehdi from Irvine. Police are still looking for a silver Mitsubishi or Volkswagen that may have been racing or speeding with the BMW before the accident.
Jasmine’s aunt and other passengers had injuries and were taken to Mission Hospital but were expected to recover.

Have you been in an auto accident in Huntington Beach, Lake Forest or Orange County through no fault of your own? You need a California personal injury attorney on your side to sort out the facts and assist you through the insurance process. Allen, Flatt, Ballidis and Leslie are experienced personal injury lawyers that will guide you through the process.

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After several deaths and injuries, Yamaha Motor Corp has agreed to voluntarily suspend sales of its Rhino 450, 660 and 700 model off-road recreational vehicles. Consumers should immediately stop using these vehicles until a free repair is made by a Yamaha repair facility.
Yamaha’s repair includes the installation of a spacer on the rear wheels and the removal of a sway bar to help reduce chances of rollover accidents. In addition, the vehicle can also be equipped with passenger handholds and doors that will keep arms and legs inside the vehicle in case of a rollover. Of course as with all off-road vehicles, always wear a helmet and seatbelt to avoid serious personal injury.

Among the many deaths and serious injuries are several persons from Orange County. Last month, a family from Garden Grove was seriously injured and the father died when their off-road vehicle flipped over.

If you have been injured in this type of off-road vehicle, you talk with an Orange County personal injury attorney immediately about this dangerous product. A good lawyer will offer a free consultation and will give you an overview of your options.

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An Irvine man, Gokulaprasad Govindaswamy died recently when he drowned in a nearby community pool. When paramedics were called to the scene at about 4:30, bystanders had already begun performing CPR by the deck. Paramedics could not revive him and he was taken to Kaiser Foundation Hospital in Irvine, but later died.

Orange County Fire Authority stated that there was a party in progress and that someone had found him unconscious at the bottom of the pool. It is not known whether there was any lifeguard on duty but many community pools only have safety personnel during the summer season; which begins on Memorial Day weekend and runs through Labor Day.

Whether it is a community or a backyard pool, when a large group of people are attending along side a pool, it is helpful to hire a local swimming lifeguard trained in CPR. For a few extra dollars, tragedy can be avoided. Just because a person is an adult doesn’t mean that he or she can swim, or is safely able to swim under the conditions. Even if a guest has a medical issue while swimming, the chances of another person noting it quickly are less than if a life guard is hired and present. Unfortunately, a drowning often occurs when there are many people present.

If you or a loved one has been involved in a wrongful death or serious injury, contact an experienced California personal injury attorney immediately.

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The ailing car maker, General Motors, has had severe financial problems recently and now nearly 1.5 million cars are being recalled on fears of engine fires, and potentially serious injuries.

According to the National Highway Traffic Safety Administration or NHSTA, GM automobiles that were built between 1997 to 2003; models Regal, Impala, Lumina, Monte Carlo, Intrigue and Grand Prix are all affected. These cars all have a 3.8 liter, V6 naturally aspirated (non-turbo) engine.

In some cases of hard braking, drops of engine oil can sometimes drop down on the exhaust manifold and start a small fire. If left unchecked, the fire can easily spread into a major engine fire which could cause the occupants of the vehicle serious personal injuries.

If your car is one that has unfortunately been recalled, see your local GM dealer for explanations and repairs. If you have been injured in a car fire caused by a faulty manufactured part, you have a claim for product liability. Contact an attorney that handles product liability cases. Anyone that is hurt becasue of the conduct of another, feel free to consult with a personal injury attorney for free. We can help guide you through the maze of difficulty.

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Posted In: Injuries , Product Liability

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“Lookie-loo” slowing is always a phenomenon at any car accident scene, but in the case of a recent Los Angeles County Sheriff’s spin-out crash, the onlookers created another crash scene.

On Friday night for some unknown reason, a sheriff vehicle spun out of control and hit the center median while traveling eastbound on the 210 freeway in Southern California.

While passing the accident scene, a big rig truck traveling westbound rear-ended another truck driver traveling in the same direction that had slowed to observe the accident across the road.

The freeway was temporarily closed to tow away the vehicles and transport the sheriff’s deputy who had sustained injuries. The California Highway Patrol is still investigating the cause of the original car crash but the second one will obviously be caused by some sort of distraction while driving. Whose fault is it, the party that rearended the other or the Lookie-loo? An argument can be made that the driver behind should be watching the road and the truck ahead of him, while he may argue that he had no reason to suspect the driver would slow to observe the accident across the road. In either case, the factual and witness evidence will be crucial to identify the real cause. Witness statements are very important in cases such as this and can mean the difference between success and failure in an auto accident case.

Have you been injured in an accident that involved a big rig or truck? Access the expertise of a truck accident lawyer. Allen, Flatt, Ballidis and Leslie are personal injury attorneys helping accident victims’ since 1974.

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An Orange County-based tour bus crashed near Soledad, California, killing 5 and seriously injuring the other 36 tourists onboard. They had just concluded tours of the scenic Carmel and Monterey areas of Northern California and were headed on their way to Southern California’s LAX airport to return home to France. Most all of the injured were French citizens except the American driver.

According to current data with the Federal Motor Carrier Safety Administration, the bus company, Orion Pacific had a good safety record until now. The company operates 12 buses that drive nearly a million miles per year and was rated among the top 10% of motor coach companies. There were significant personal injury to passengers.

Obviously, something went horribly wrong to have this many serious injuries. Investigators are now on scene and it will be some time before we know the actual cause of this horrific accident.

If you or a loved one has been injured in a bus or motor vehicle accident of any kind, call an experienced personal injury attorney immediately. If you were injured, be sure to explore all your rights. If you would like a free pamphlet on how to navigate dangerous waters after an accident, and how to select a California attorney, Contact us and we will mail you a copy free.

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Last week, Allen, Flatt, Ballidis & Leslie settled a hotly contested claim for $140,000. A wonderfully active woman in her 80's was driving in Huntington beach through an intersection, when struck by a patrol car. The officer testified that he was operating under lights and siren to a previous accident and therefore was justified in traveling through the intersection on a red light.
There was also a contention that our client did not have a hearing aid in at the time of the accident, and therefore was negligent and the cause of the accident.

The police report was unfavorable for our client. In our opinion, the investigating officer was biased. To see the truth about ">officer bias, click on the link.

We obtained several names of witnesses to the accident. Those witnesses interviews were key to proving liability. We have long promoted the concept that early investigation is the key to success in this case and all others.

On interview of those witnesses shortly after the accident, they refuted the officer testimony about operating his vehicle under lights and siren. Instead, he had chirped as he entered the intersection. No reason was given why he could not inch into the intersection, or wait for a green light. Because of early investigation, we prevented any witness from ruining our theme as well.

Ultimately, after deposition of all the witnesses and the investigating officers, the City settled with our client. This case demonstrates a real live example of the importance of early investigation by a competent California personal injrury attorney, and the results that come from it.

In the hands of an attorney not familiar with personal injury or less aggressive in locating the witnesses, this nice lady may not have prevailed. In fact, several attorneys turned this case down before she called us. If you need help, call us at 1 888 752-7474 for a free consultation.

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Posted In: Car Accidents , Firm News , Injuries

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Several injuries to children have led to two separate high chair recalls by the Consumer Product Safety Commission (CSPC) in the last month. The first brand is the Fischer- Price, 3-1 high chair that was sold in Target stores from December 2008 to March 2009. This model poses possible traumatic brain injury risk to young children. In one case the child fell backwards when the seatback detached unexpectedly and fractured the child’s skull.

The second brand is the Evenflo Majestic high chair. These chairs were sold to nationwide retailers Babies ‘R’ Us, Toys ‘R’ Us, Walmart.com and Burlington Coat Factory. This chair has had several moderate to serious injuries reported by not only falling incidences but choking hazards as well.

For a full list of model numbers and brands you can visit the CPSC’s website at www.cpsc.gov.

If your child has experienced a high chair/ baby products personal injury or accident from a dangerous product contact an Orange County personal injury attorney immediately to review your case and find out your rights.

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Posted In: Injuries , Product Liability

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The Orange County Register wrote yesterday that a report released by the CHP identified 7,262 collisions involving big rigs in California last year. It also concluded that 56% of those collisions were caused by passenger car drivers. Therefore the CHP launched a “drivers education” program.

Response to the article was immediate, swift and in my opinion correct. Mail name “nijode”, who drives 100,000 miles a year noted that big rigs drive too closely behind each other, speed, tailgate, and car drivers have to cut in front of big rigs just to get on and off freeways. Mail name “harleyjazz” wrote that there are far more cars on the road than trucks, so it stands to reason that per vehicle, trucks statistically cause far more accidents than cars.

Both responders have great points, and I have a few more. While the cause of these accidents is statistically higher for automobiles, truck drivers are “Professional Drivers”. Their statistical average accident per truck should be much, much less. Trucks also cause devastating injuries. They are a menace if not driven safely. Injuries and wrongful death to passengers and drivers of autos are much more severe than to a truck driver.

So of the 7,262 collisions, 3050 were truck driver error and the damage caused by those 3050 collisions is monsterous. I would prefer that the CHP educate truck drivers and companies about the dangers they pose and keep our highways safe. The “Professional Drivers” should have an accident cause rate of 10% or maybe even 5%. After all, they are getting paid to drive. We are all just trying to get to work and around town. Imagine you are driving on a freeway with NASCAR drivers. Wouldn’t you think that the cause of accidents should be much less for the NASCAR drivers?

Truck drivers and the companies that employ them need to police themselves to be safer on the road. For every accident caused by a truck driver and reported to the CHP, I bet there are several unreported incidents that give a clue to the incompetence of that truck driver. Until then, victims will need to be protected by an attorney to at least get compensation for the tragedy trucks cause.

Suzanne Leslie, a California Truck Accident lawyer with Allen, Flatt, Ballidis & Leslie states “Trucks are necessary on our roads, but that does not mean that they can’t be safe. Year after year, trucks are increasingly causing more accidents.”

Instead of improving safety, the truck drivers, and companies they work for, are causing more accidents. I do not agree that we should be educating the auto drivers, but actually enforcing the truck safety laws and penalizing truck driver conduct to minimize the danger on our roads.

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Posted In: Car Accidents , Injuries , Truck Accidents

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As some of you know, I am frequently writing about dangerous roads, and Oak Canyon Road in Trabuco Canyon is one of them. But tthe roadway does not seem to be playing a part in this accident.

Just two weeks after the fatal car accident that left two teens dead in Trabuco Canyon’s Oak Canyon Road, another accident left three people with serious personal injuries. Dureti Bishop was the most seriously injured person and she needed to be flown via helicopter to Mission Hospital. She was the passenger in a Yellow Cab mini-van being driven by Bunny Deuk of Long Beach. Deuk was also seriously injured as was the truck driver that was involved in the crash.

Orange County authorities are currently investigating this accident but witnesses said that the Yellow Cab was not speeding but was weaving back and forth on the road. The mini-van eventually clipped the front-left side of the truck and it was pushed into a ditch and caught fire. A local Park Ranger needed to break the windows of the taxi to rescue the driver and passenger.

In cases like this and other serious auto accidents, it is important to have someone who is an expert in personal injury law on your side. Call the experts at Allen, Flatt, Ballidis and Leslie who are experienced Orange County personal injury attorneys.

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Posted In: Car Accidents , Construction Accidents , Injuries , Product Liability , Truck Accidents

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A delivery truck driver, Maximo Hernandez, was driving his pickup truck to deliver newspapers when a drunk driver crossed the road and killed him on March 29, 2009. Normally we note truck driver negligence in this blog, but this accident underscores the danger of drunk drivers, to all motorists.

Strict laws have been placed on the books for some time now, yet the message has not reached the public. Drunk drivers continue to injure and kill others on the road. Statistics from the California CHP calculated that 1/3 of all accidents were caused by drunk driving. In 2006, nationally 13,470 fatalities in alcohol-impaired-driving crashes equates to one alcohol-impaired-driving fatality every 39 minutes. Night time driving has a much higher incidence than during the day. Is there a way to stop this senseless injury and wrongful death on our roads?

Education of those who drink and drive has not been a viable solution. While a great deal of effort has been undertaken, there has been virtually no change in the statistics for the last three years. Despite the classes, MADD campaigns and editorials by all those affected by such conduct, accidents still occur with regularity and frequency.
Checkpoints and crackdowns at a road block have done little to stop accidents. While we may catch some on the road, a greater deterrence is needed. Drunks simply avoid the hot spot areas and drive on. We cannot possibly check every driver, every time he or she gets behind the wheel. Or can we?

Recent advances in medical and car technology allow for breathalyzer installation in all vehicles. BUT WAIT you say! I didn’t do anything wrong, and I don’t want the hassle and expense of such equipment.

Here are some interesting facts to consider. A competent personal injury attorney will demonstrate to a jury or anyone for that matter, that a life can be worth 1 to 2 million dollars. The loss each year because of deaths then means a potential cost to society of over 10 billion dollars per year. The Math you say: (13,470 deaths times $1,000,000).
You don’t think we all pay for this? If the drunk driver had insurance, they pay the damages and we pay the increased premiums. If there is no insurance, or little insurance, many families become a ward of the State. They use Social Security, Medical, Medicare, underinsured motorist coverage welfare assistance programs, meaning you pay for their unfortunate circumstances.

Add this tidbit. Of the accidents that do not cause death, 2,572,482 emergency visits arose because of Motor Vehicle accidents in 2004 according to the Center for Disease Control. It is estimated that 1/3 of those accidents were DUI related. An average hospital emergency room visit is in excess of $1,000.00. That equates to $857 Million dollars in E/R bills per year. You don’t think you pay for that. Next time your health insurance bill comes with a fat increased in premium, remember you are paying for those charges even if the drunk driver insured in the form of premium increases, and you pay even more if that driver is underinsured or has no insurance because his or her license was taken away.

Add the damages for Lost wages, lost support, additional treatment, lost business productivity, and you get the grand estimate by the Center for Disease Control of $ 50 Billion dollars a year because of drunk drivers.

Considering that the cost of devices can now be less than $500 dollars and great strides have been made in more convenient testing methods than breath, testing, the idea of a breathalyzer in every car which stops the drunk from starting the car has come to fruition. Think of the savings in premiums we can enjoy in health insurance, car insurance, taxes and avoidance of loss of life.

The number one objection (other than inconvenience) seems to be that someone else can start the car for the drunk driver and let him or her be on their way. Of course that person is sober and not impaired. Let them weigh whether they want to be responsible for the economic damages, pain and suffering and government debt caused by this person, and whether they want to commit and be prosecuted for a felony. Otherwise they can simply call their friend or relative a cab.

James Ballidis is with the law firm of Allen, Flatt, Ballidis & Leslie and specializes his practice as a Personal Injury Attorney in California.

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Posted In: Car Accidents , Injuries , Truck Accidents

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Doug and Vicki Perry were happily walking their dogs through their normally quiet Anaheim neighborhood one day when suddenly and brutally they were attacked by a sole pit bull. The couple recalled that the pit bull literally “came out of thin air” and attacked both them and their dogs.

Motorists pulled to the side of the road, neighbors heard the loud screams for help and eventually the pit bull had to be beaten and stabbed to release the tight grip. At one point, Doug Perry ran into a house to grab a knife to help defend against the vicious dog. In the end, both dogs and the couple had been seriously injured in the chaos.

The Anaheim police department is now looking into aggressive behavior complaints by this pit bull dog earlier in the week. If this is correct, then the dog owner could be facing criminal charges. In California, the owner will face civil liability because of our dog bite statutes.

If you own a dog in the state of California you are responsible for its behavior, and if it is a breed that has a propensity for violence, California has a strict liability statute that hold you responsible even if the dog had never attacked another before.

If you have been injured or bitten by a dog and have incurred an injury, don’t hesitate to contact an experienced Anaheim California Dog Bite attorney as soon as practical. We can help maximize your recovery and also make sure that the dog owner is held fully accountable.

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Posted In: Dog Bites , Injuries

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The recent tragic accident of a small plane flying from Catalina Island to John Wayne’s Orange County Airport highlights a series of errors that led to the deaths of three people; a couple and the pilot.

The couple was vacationing at a prominent hotel in Orange County and one day they decide they wanted to visit Catalina, a small island off the OC coast. They arranged for a local agency, SkyBlue USA to fly them to Catalina. The owner and pilot was identified as Mark Hogland. Mark Hogland may have only had a private pilot’s license, not a commercial one that is required to fly people for hire.

Catalina Island has had several plane accidents in the past 5 years and 10 deaths. It is a difficult airport to take-off and land on because it has no air traffic controllers and it has a short runway with steep cliffs on both sides. Additionally, the plane took off in poor weather and near sunset which would have made the take-off even more treacherous.

California Personal injury attorneys for the couples' family are questioning the accident cause, and how an air tour business could be in business without proper licensing. Three people lost their lives unnecessarily that day. Can such tragedy be prevented? Later reports will be updated when they are received.

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Posted In: Injuries , Product Liability

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Nordstrom retail stores all across Orange County and nationwide are recalling various girls’ shoes due to excessive lead paint according to the U.S. Consumer Product Safety Commission.

All the shoes were manufactured in China and violate the federal lead paint standard for shoes. The shoes were sold in stores from September 2006 through February 2009 for between $35 and $45.

The recall includes six styles of Nordstrom-brand shoes for girls. “Clarice-Fab” flats are bone colored with a bow. “Eva-Fab” are bone colored T-strap sandals. “Fern-Fab” are ankle strap sandals sold in bone, pink, white, blue polka-dot or pink polka-dot. “Lilly-Fab” are fuchsia gingham ballerina flats with a bow. “Rita-Fab” are ankle strap dress shoes sold in ivory linen, pink linen, white linen, cafe satin, silver satin or white satin. “Vivi-Fab” are open-toe dress shoes in bone, white, green polka-dot, lavender polka-dot or yellow polka-dot. The shoes were sold in girls’ sizes 10 through big-kids 7. All shoes have an embossed “NORDSTROM” printed on the insole. Only the colors identified above are subject to the recall.

Although no injuries have yet been reported, lead poisoning in children is very subtle and can be masked by behavior disorders, learning disabilities, hyperactivity and attention deficit disorder.

If you have any of these recalled shoes, take them back to your nearest store for a full refund. If you think your child has sustained any personal injury from these shoes, contact an experienced personal injury attorney immediately.

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Attorneys for the family of Oscar Grant have filed a multi-million dollar wrongful death lawsuit against the Bay Area Rapid Transit agency (BART), former officer Johannes Mehserle, former BART police chief and other officers for their client’s shooting death on New Year’s Day.
This California shooting became an Internet sensation since the incident was captured on several cell phone cameras. The video eventually made it to the news media and subsequently the community was outraged at this incident.

Grant and his friends were first pulled off the train because of reports of fighting among youth on one of the trains. Although the transit officers did not see this behavior, it is alleged that Grant’s civil rights were violated and that the shooting was unnecessary and intentional.
Attorneys for the officer Mr. Mehserle say that the officer intended to Taser the young man instead of shooting him and that the whole incident was accidental. He has pleaded not guilty and will be in court this month.

If you have been seriously injured in a bus, train, subway or any public transit accident, don’t hesitate to speak with an experienced personal injury attorney immediately. Know your rights and have the best lawyers on your side.

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Posted In: Car Accidents , Injuries , Truck Accidents

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Two people were killed and two were seriously injured when a huge blast rocked a business in Rancho Santa Margarita last week in Orange County. The explosion shook the industrial area of this otherwise quiet city overnight. Luckily for those injured, the fire department was directly across the street and they sprang into action immediately to treat the seriously injured workers.

Although the blast is still under investigation, department officials believe that a huge water heater exploded in the rear of the building. The blast was so strong it damaged the outer façade of the building and pushed equipment into the walls of the structure. When the fire fighters ran into the structure, they found two dead night shift workers. Two other workers with serious injuries were transported to Mission Hospital in Mission Viejo and the remaining two workers refused treatment.

The Orange County Fire Authority‘s Hazmat team will be investigating this blast until all questions are answered. Was there a defect in this water heater? Was it installed improperly? If you’re been seriously injured by a defective product, remember to contact an experienced California personal injury attorney early so we can do our own independent investigation with the best experts available.

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Two Michigan women, Elizabeth Gass and Deborah DeJonge were enjoying their Maui vacation at the Wailea Beach Marriott Resort when one day they came into their room and discovered a dead cockroach and reported it to the management. The hotel said that they would handle the situation and when the women returned to the hotel room a few hours later, they came into a room full of a horrid odor.
Since they were leaving that day, they opened the windows and started to pack. A short time later the hotel arranged transportation for both ladies to a nearby urgent care facility. The ladies complained of drowsiness, blurred vision, muscle spasms, painful joints, and swollen/black tongues.

In May of 2007, U.S. District Judge Robert Bell ruled in favor of Marriott and Ecolab (the exterminator company) saying there was no direct connection between the pesticides sand their symptoms. This month the federal appeals court overturned the prior judge in this case and has set a new trial date. The womens' lawsuit alleges negligence against the hotel chain for spraying a dangerous pesticide in an occupied room.

Is this a clear case of negligence by the hotel or just a mere coincidence? Only now a jury can decide. Have you been injured while vacationing somewhere? Contact an experience personal injury attorney immediately upon your return. Documenting all the details while they are clear in your mind is important and finding out your legal rights is priority number one!

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The tragic, untimely death of actress Natasha Richardson highlights the many facets of traumatic head injuries. Minor bumps to the head, as in this case initially cause no pain and the person feels fine. However, in this case, a seemingly slight injury turned serious rather quickly, and at that point, nothing could be done for her.

After Ms. Richardson fell while taking a lesson at Mont Tremblant ski resort, paramedics were called in by the ski patrol. They were turned away and never saw the patient due to the fact that Natasha was feeling fine, walking around and was in no pain. After an hour or so of resting in her hotel room, she started to get dizzy and have a headache and that’s when the hotel summoned an ambulance and she was transported to the nearby hospital.

Experts believe that Ms. Richardson suffered from “Talk and Die” syndrome. This is when a minor head injury initially seems o.k. and the patient is feeling fine, but during this time, bleeding is occurring between the skull and the brain. Rapidly, the pressure becomes too great and brain death occurs. This series of events can occur between one hour to several hours after a car or truck accident and other traumas to the head.

While this case does not warrant any investigation because the injury was caused during a sporting effort without apparent negligence, it is very important to have a California personal injury attorney who specializes in wrongful death on your side after any auto accident. They will make sure you get proper medical treatment and the settlement you deserve.

Please feel free to call us for a free consultation at 1 888 752-7474. If we cannot help you, many times we can refer you to another attorney who can. Call if you need help.

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Posted In: Bicycle accidents , Car Accidents , Injuries , Product Liability

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Three Orange County men are lucky to be alive after their small Cessna 172 plane went down over Camp Pendleton Marine Base recently. The men had just left Orange County airport heading towards San Diego, when the pilot experienced mechanical trouble.

The pilot, Allan Jacobson, a long time aviator from Costa Mesa was flying with his two friends for dinner in San Diego at their favorite Mexican restaurant. They were flying at about 3,500 feet when an unexpected “loud bang” shook the plane. Witnesses on the ground detailed that the pilot appeared to be in control and was trying to maneuver although was having a difficult time due to the scarcity of landing options.

They crash landed on a dirt road and upon impact, lost the tail and all men had serious personal injuries. The most seriously injured was David Menne, who is still in critical condition at Mission Hospital in Mission Viejo. The pilot is recovering well, and other passenger, Scott Jones of Lake Forest was released soon after the crash.

Have you experienced any type of mechanical failure in a small airplane? You need an experienced California personal injury attorney to sort through the bureaucracy dealing with the government, insurance companies and possible engine/plane manufacturers. Call a qualified lawyer today at 1 888 752-7474.

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When is the right time to turn off life support? It’s not a topic many families care to talk about but it occurs in hospitals almost on a daily basis.

This week highlighted this fact when actress Natasha Richardson had a minor head injury while skiing that rapidly deteriorated her health to the point of brain death. I’m sure she didn’t wake up and think that “I may have an accident and get killed today”, but that’s unfortunately what happened to this young mother of two.

Brain death and vegetative state are two very different situations that a family may find themselves wondering about after a sudden tragedy of a loved one in an injury accident. Everyone tries to figure out “what the person might want” but in actuality, the person in question does not have a say in the matter unless they have prepared a living trust and a medical directive from a good attorney.

For the sake of your family and loved ones, prepare in advance your wishes in case you are in a personal injury accident. Otherwise doctors, experts and family members may be fighting over what happens to you for years. You may not be able to talk but if you hired a good lawyer, your documents will speak for themselves and follow your wishes.

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Last week a jury awarded a California woman $7 million dollars who unknowingly was infected with the herpes virus from her former lover. With an increase is such incurable sexually transmitted diseases, so too have lawsuits increased.

The lawsuit claimed that the plaintiff, Patricia B., suffered unnecessary humiliation and stress after contracting herpes. Although their relationship was consensual, the defendant, Thomas Redmond knew for over 25 years that he had genital herpes and then still had unprotected sex with Patricia. The lawsuit alleged that the behavior of Mr. Redmond was “outrageous and beyond the bounds of decency”, justifying a punitive damage award, which is not discharged in bankruptcy. The defendant tried to prove that Ms. B was informed of the disease, denied by Ms. B. The jury agreed with Ms. B.

Patricia B. was awarded $ 4 million dollars in compensatory damages and $2.75 million for punitive damages. In addition, she was also awarded the 2004 BMW that he had given to her as a gift during their short 9 month relationship. This case was notable as it is alleging punitive damages from battery and intentional conduct.

If you have been the victim of improper conduct by another, call an experienced California personal injury attorney to protect your rights against that person. You can call us for a free consultation at 1 888 752-7474.

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Yesterday, in Newport Beach, California a man driving a Porsche was implicated in a wrongful death crash involving the founder of Tapout clothing. Both may have been racing and the Porsche driver was arrested for DUI.

Amazingly, the other car wrapped around a pole, cutting the vehicle in half. The Porsche driver, and his passenger, pulled to a side street and tried to "walk away" from the scene according to Newport Beach police.

This is not the first time this driver had been arrested for DUI. No doubt feeling priveleged, he just thought he would leave the scene to others to help the accident victim and clean up the mess he was involved in, of course avoiding implication in the collision.

This societal trend is dangerous, and inhumane. In a world at war with terrorism and economic theft of Billions of dollars, it seems that more and more people are losing their moral compass. Left to only a few in years past, now it is more frequent than you could imagine that drivers flee a scene of an accident in the observation of this California personal injury attorney. The other driver may have been injured and not killed. This driver's attempt to walk away may have contributed to the death directly.

In a recent case, a pedestrian was run over by a van. Instead of protecting the pedestrian, the van pulled to the side of the road. The driver, apparently unsure if he should stay, did not get out of his vehicle or even warn other motorists approaching. A second car ran over the victim. That driver stayed and called 911. The van driver fled. Had the van driver stayed, the pedestrian might have survived.

Penalty for fleeing the scene should be severe, as should causing a police chase for many miles. Until we set the bar high, and assure someone that fleeing is severely punished, giving them pause, drivers will flee. Why? I can only surmise, the loss of all moral obligation to do the right thing.

If you have been a victim of an accident such as this or a hit and run, call a Orange County accident and Personal Injury attorney for a free consultation. Call 1 888 752-7474

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Posted In: Car Accidents , Injuries , Motorcycle Accidents

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Laguna Canyon road is one of the most beautiful country roads here in Orange County California, but a stretch of road known to most Orange County personal injury attorneys. However last week, it was nightmare for one man from Mission Viejo.

Although the identity of the man is still not known, we do know, from the Laguna Beach police officers that responded, that the man was traveling southbound on the road when apparently he missed a turn in his Toyota Tundra truck and lost control of his vehicle. When the police arrived they found the victim lying on the divider of the road with significant head trauma and many broken bones.

Currently an accident investigation is taking place to discover the reason for the accident. Recently it had been raining, so slick roads could have played a part. Was he wearing a seatbelt or could the seatbelt have malfunctioned? The truck had slid more than 400 feet and flipped. The man was thrown from the automobile. No other known vehicles were involved or were there witnesses?

In cases such as these with so many unanswered questions, you need an experienced personal injury lawyer that will do a thorough accident investigation into all aspects of the accident and get to the truth. Insurance companies have strong corporate legal council on their side and you need the best representation as well. even the widow of this poor gentleman may need help sorting our what really happened, and she like any person that needs assistance, can always call an experienced attorney to look at the circumstances and try to identify the cause of this unfortunate accident.

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Posted In: Car Accidents , Injuries , Truck Accidents

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A dropped cell phone led to the untimely death of young woman on a popular stretch of the 405 freeway in Orange County California on Valentine’s Day.

Gladis Zepeda was driving her Chevrolet Impala down the freeway near Fountain Valley when she suddenly dropped her cell phone. According to California Highway Patrol, as she was searching for her phone, her car swerved across lanes and then she slammed into the center divider.

Since the headlights had been damaged and it was nighttime, it was totally dark but, Zepeda got out of the car to inspect the damage. Apparently another car was traveling in the carpool lane and did not see her or the car and hit them at regular highway speed. Ms. Zepeda was pronounced dead at the scene.

Two passengers in Zepeda’s car as well as two passengers in the other car were taken to the hospital with moderate injuries. Distraction is a major cause of automobile accidents and in most cases, causes serious personal injuries.

While Ms. Zepeda could certainly be blamed for hitting the center divider and stalling on the freeway fast lanes, it is also of concern that the other driver could not see her vehicle and struck it without warning, braking or swerving. A thorough investigation by an accident attorney into that driver's activities at the time of the collision is also warranted.

Of course passengers are non-negligent and may have claims against both drivers. On many occasions we have successfully represented stranded motorists, and motorists approaching stranded vehicles, depending upon the investigation we conduct.

If you have been injured, you need an experienced California accident injury attorney to assist you through the maze of insurance companies, car repairs and doctor bills. Call us for a free consultation at 1 888 752-7474 for all your personal injury attorney needs.

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Posted In: Car Accidents , Injuries

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Golfing is a great sport, but does have hazards. There is the sand, the water, OB and unfortunately, an errant golf ball, on occasion. Personal injury can and does occur from that, misguided "rock."

Most golfers take a hit in stride and move on. Courtesy requires a warning, but even if the alarm is not heard, the usual injury is only temporary, insignificant or hardly worth mentioning. Unfortunately, more significant injury can and does occur when a player is hit in the head. Some golfers have sustained such severe head injury that they are unable to carry out typical daily activities, and the condition can be permanent. Although rare, it happens. So what are a golfer's rights.

If you have ever golfed, you will see that the course has a policy that presumes you are aware of the course obstacles and risks, and you assume that risk when you play golf. However, if the golfer that struck you can be identified, they do not have such immunity.

Usually when you are struck, the common rules have not been followed. You are "hit up on" early in the fairway, a shot hits an object and then you or a slicer caroms one off to the right and hits you as you are standing on the adjoining green. In all cases, a golfer remains responsible for his errant balls, even if it was an uncontrollable circumstance.

Although bringing an action against a golfer under his homeowners policy does sound like violating the spirit of the game, the injured golfer did not get up that morning hoping to be severely injured. Now he needs help putting on his shoes, and may never be able to play golf again. The spirit of the game, to me, means to walk off the minor injury, but ask the errant shooter to pay when he causes you significant damages.

Call a personal injury attorney if you find yourself struck and seriously injured by a hacker who could not wait for you to clear the fairway.

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The Orange County grand jury this week indicted Jeffrey Woods for the wrongful death of 14-year old Danny Oates. Woods faces charges of driving under the influence causing bodily injury and death to this teen as well as felony vehicular manslaughter with gross negligence while under the influence.

The accident happened on Indianapolis and Everglades avenues in Huntington Beach. Allegedly Woods ran into the boy on his bike while he was riding his bicycle to school. Initial investigations reveal that Woods may have been texting on his cell phone, negotiating a drug deal, at the same time he hit the young boy. In addition, he is accused of being under the influence of Xanax and Vicodin, two drugs that impair your ability to drive responsibly.

Wood’s attorney argues that the cause of the crash was a seizure, not drugs that caused the crash. The trial is scheduled to begin this summer at the Orange County courthouse in Santa Ana. If he is found to be under the influence, this is another excample of needless death due to drunk driving.

If you have sustained a serious injury in a bicycle accident, or have been injured by a drunk driver, you need the expert advice of an experienced auto accident attorney. Don’t hesitate to call for a free consultation at any time at 1 888 752-7474.

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Posted In: Car Accidents , Injuries , Motorcycle Accidents

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The US Consumer Product Safety Commission has begun an investigation into strangulation by mesh netting placed over cribs, ‘to keep toddlers safe.” Apparently, more than 10 deaths have been reported, due to strangulation, entanglement or inverting the canopy according to recent investigations. Many more injuries, some quite severe, have also been reported.

Parents are depending upon manufacturers to develop products that are safe for our children. Unfortunately, there is little governance in this area and companies that do manufacture the products may not have even conducted one safety study. As California product liability personal injury attorneys, our experience with such manufacturers is that little or no research is conducted before design and manufacture of such products.

Therefore it is important to read about the products and research complaints about them yourself. The internet is a good source of information, as is the US consumer Product Safety web site. Many blogs exist about products offered in the market place and there are opportunities to read personal experiences about specific names of products. Also read the literature about the product before purchasing it, to make sure the company outlines the safety studies they have conducted.

Naturally if you have suffered from such a tragedy in California, you should have a California product liability and personal injury attorney investigate the company, the product and its safety record. Call us for a confidential and free discussion on your incident at 1 888 752-7474 or email us at contactus@allenflatt.com.

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The California Highway Patrol has just completed their investigation of the multiple car accident with personal injuries in Southern California over one year ago. This deadly truck crash set off a chain reaction that left 23 people with serious personal injuries and 3 people dead and with wrongful death claims, including a six year old boy.

The trucker, Jose Reyes was traveling at a high rate of speed and his truck’s brake system was considered “deficient” which led to losing control of his truck. Even though speeding and a cause of the accident, trucks are suppose to have excellent braking systems. Who is ultimately responsible for keeping the truck’s brake system operating correctly? Saia Motor Freight Line, Inc, and not Reyes who was responsible for the vehicle’s maintenance. Records and documents of brake maintenance are suppose to be kept by motor carriers, showing preventative maintenance performed on the truck. A tunnel was also involved. The California Department of Transportation did not have adequate lighting and hazard warning signs before and after entering the tunnel. If you did not have an attorney and waited for the police report before making a claim, you have waived your rights against the state of California.

When you have a complicated case such as this one with many cars, truck and people with serious injuries, you need a professional California truck accident attorney to handle all aspects of insurance negotiations, and filing appropriate paperwork and claims. The attorney can act as the liaison between the affected parties, the State and the CHP.

If you are injured in a car or truck accident and need an attorney, you need someone to handle all aspects of your case, protect your rights and make sure you recover your damages, while you recover from your personal injuries. Call us at 1 888 752-7474 for all your personal injury attorney needs.

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Last summer, Oscar-award winning actor Morgan Freeman was in a serious rollover accident in Mississippi. He sustained major serious injuries, but has since then fortunately recovered. But the information that was not well publicized was that Freeman had a passenger in the car with him that sustained personal injury as well.
Demaris Meyer was Freeman’s companion that night when they were dining with friends at a nearby country club. On the way home the automobile somehow flipped over and Demaris had personal injuries including broken bones, cuts, bruises and memory loss. She has retained personal injury attorney Gloria Allred to represent her in her federal lawsuit against Freeman.
Her claim seeks money for her injuries as well as clearing rumors and innuendo that she was the reason for the actor’s recent marital problems. She wants to clear her name regarding any speculation on why she was in the car with him.
Her attorney refused to speculate on whether the insurance company had already settled her claim and how much she was seeking for loss of work time because of her injuries.
Have you been a passenger in a recent automobile accident? If so, you need to know your rights as to what types of coverage you qualify for. Seek the advice of an experienced personal injury attorney immediately.

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All 50 states are looking forward to funding highway and local municipality projects thanks to the recently passed federal stimulus bill. Most states will receive money to upgrade roads, bridges and various other municipal projects to hopefully make our lives a little safer.

A recent study on the most deadly highways in America ranked 4 of the top ten deadliest roads right here in Southern California. One surprising fact is that these are all interstate highways. Normal expectations are that deadly road accidents involve rural, windy country roads, and while they are dangerous also, these highways are dangerous for a variety of reasons.

I-15 in San Bernardino County was ranked #1 in fatalities during the last five years, and our experience in representing victims of this stretch of road is the same. Ironically, it is dangerous because it is so straight and wide that it is implicated in so many accidents since many drivers fall asleep driving on it. Additionally, alcohol is a factor since this is the major thoroughfare between Southern California and Las Vegas. If you need to consult with a California accident attorney, chose to do so sooner rather than later, so that evidence can be preserved.

I-10 in Riverside County, I-5 in Los Angeles County and I-5 in San Diego County all placed in the top ten. Whether you are driving on local roads or large interstates, keep your focus to avoid any personal injuries or accidents. Of course if you have been a victim of such a collision contact an attorney that specializes is personal injuries in California to protect and preserve your rights.

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Funeral services for two local Mission Viejo young men were held last week. Families of the two young men are obviously devastated at their loss. No parent should have to bury their children, and for these families, it is especially heartbreaking since both young men, Alexander Hugard and Andrew Gorum, both were attending Saddleback College in Orange County and had their whole lives ahead of them.

The two young men were killed instantly when their vehicle left the road and hit a eucalyptus tree early one morning. The weather was wet and the roads were slippery.

Unfortunately, the winter weather here in Orange County seems to come all at once. The California Highway Patrol was also busy with many other accidents last week due to the heavy rains.

In the above case, according to OC officials and an independent witness, the boys were traveling at a high rate of speed. Although the Orange County Sheriff’s office is still investigating this accident, they feel many of these factors were involved. We always recommend that an accident be investigated by a competent attorney, and such investigations can be done without cost to you, because the truth is sometimes obscured by the police in their investigations. See our article on police bias for instance. If you were involved in an accident, don’t hesitate to contact a California personal injury attorney.

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Since 2000, Anaheim Crest Nursing Center in Anaheim California has received several warnings, but no fines or sanctions. Insanitary food supply, not having properly working doors and improper staff are a few of the several problems that have plagued this and other nursing home facilities in California. However, this month they were fined $75,000 in the choking death of an elderly patient. It is unfortunate that an Anaheim personal injury attorney had not been contacted before this tragic incident.
State Health and Human Services papers showed that autopsy results proved the man had died from choking to death on a sandwich. Initially the center had claimed the man had died from a heart attack and now has since backtracked on their story. Internal investigations have concluded that the man, who had had a history of dementia and prior choking problems, had been put on a strict pureed diet. Somehow the victim had been left near a food cart and had taken one of the sandwiches to eat.
Although the nursing home claims that these “missteps” were unintentional, where are personnel that are supposed to be caring for these individuals? And why did they have to lie about the cause of death to protect the facility?
Kathy Hurst, an attorney for the skilled nursing center has launched another investigation to find out the truth behind this incident. I hope his family has a good California personal injury attorney on their side as well. No one should have to suffer the indignity of dying such a death.

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How often have you signed up for a gym membership, signing assumption of risk and waiver of liability forms without reading them. What would you do even if you did read them. Would you really not join a gym if it simply said that you assumed all of the risks that were known and unknown at the time of the signing of the document?

The law of assumption of the risk in California has been morphing into a very strict application as against the consumer. Several well-known cases have demonstrated a continued restriction on the ability of a person to file a lawsuit against the company if they have signed an assumption of the risk document. The most bizarre of these examples was a case involving a television set mounted improperly on the wall of a gym. As the patron was walking by, the television set fell on him causing him significant injury. Because he had signed a waiver and assumption of liability risk form with this well-known Gym, the court concluded that he'd waived his right to bring a lawsuit. I doubt any of you would have anticipated and injury from poor installation of a television, and when it fell on your head causing serious injuries as you are walking by, you would agree i when you signed assumption of risk documents, that you would not sue. In fact you probably would assume that the facility is under obligation to make it safe for your use.

There are several excellent defenses to assumption of the risk but they are hard to enforce. It takes a very skilled personal injury attorney to advocate waiver of assumption of the risk. In several high-profile cases that this office has handled over the years, we have been successful in avoiding assumption the risk claims. There are several keys to unlock challenges to signed assumption the risk forms

1. Inspect carefully the release and assumption of risk document to determine whether it is too vague, too broad, or does not comply with the language consistent with cases on the subject

2. Make sure that the defendant can produce the actual signed copy of the assumption of the risk document. We have found that there are numerous occasions where there is a subsequent record of the signing of such a document, but the original document cannot be produced.

3. Make sure that the assumption of risk document was signed by the actual client who was injured. In a gym membership for instance, a spouse who signs up both spouses may be precluded from bringing in action, but the non-signing spouse may still have rights.

In a recent case of Kindrich v Long Beach Yacht Club 167 Cal App 4th1252, a man was injured when disembarking a boat, causing his broken leg. The lower court held that this man could not sue, because he had executed an assumption of the risk document, and was precluded from being bringing an action. However on appeal,, the Court reversed advising that the injuries were actually due to something other than sports and sporting activities, therefore the traditional rules of assumption of the risk would be applicable, and are far less severe than gym membership cases such as the one that was noted above.

If you have a personal injury case and you've signed an assumption of the risk document, consult a personal injury attorney immediately to advance your cause. Don't give any statements to the other side until you've consulted with this attorney, to ensure that all of your rights are protected. As always feel free to contact our a truck or personal injury attorney for a free consultation at 1888 752 7474.

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Many clients ask us how we maximize the results in our settlement and trial of cases. To be an effective advocate, it not only takes a thorough investigation into how an accident occurs, but also the ability to simplify, but with detail, the nature of injuries that have been sustained. As an Orange County accident attorney, we have on numerous occasions had to present complex injuries in a believable and understandable way to Orange County juries.

Take the example of a client that had sustained a serious complication to a simple surgery called reflex sympathetic dystrophy. This disease affects the autonomic nervous system and in the case of our client, caused her hand to turn blue and loose blood flow. This is not a disease that a typical juror may have come across in their lifetime. Therefore it is important to take the time to describe the specific injury, and what causes that injury, before you attempt to present your case value.

Taking the time to explain the cause of reflex sympathetic dystrophy took more than 3 1/2 hours of expert testimony. But, even before the jury had heard from the expert, a competent accident attorney will make sure, in opening statement, that jurors were very familiar with the causes and complications of the disease. New attorneys are sometimes afraid to discuss evidence to be submitted, because either they do not understand it, rely too heavily on the expert or simply want to avoid an objection. However, it is important for that accident attorney to have developed a working knowledge with the expert, so that it can be presented properly.

As an Orange County accident attorney for over 24 years, I have found that the more time that is taken to explain injury, the details of her surgery, the nature of the disability, and expertise required to correct the problem, the more likely the jury will award a significant settlement amount. But more to the point, many Orange County accident attorneys assume that insurance company adjusters understand the complications of injury and the need for surgery. I have seen demand letters from other attorneys that do not go to the necessary detail to explain the type of injuries sustained and why this injury caused extraordinary pain, disability or subsequent complications. Many demand letters I have reviewed don't address future medical expenses likely to be incurred, or the complications associated with arthritic changes. I have even seen demand letters where a complicated cervical fusion procedure has been described in one sentence, as if the insurance adjuster understands what was done by simply mentioning cervical surgery. This is the sign of an inexperienced accident attorney and one that does little in their practice as a personal injury attorney.

A qualified Orange County motorcycle accident attorney will take the time to know your case, understand how your motorcycle injuries came about, or how that truck accident caused you unique symptoms, and will advocate for the maximum settlement based on factual understanding of the injuries and damages that were sustained. While it sounds simple to do, the truth is that the ordinary person, untrained in review of medical records, can and will miss the detail and subtle quotations by doctors and nurses, and lacks the investigative efforts to uncover the procedure’s complications.

We hope that you will consider our firm for your case if you want to maximize recovery to you. Please call us for a free consultation at 1-888-752-7474.

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The Metrolink Chatsworth disaster here in California was one of the worst train disasters California has experienced. Over 135 persons sustained serious personal injury and 25 people tragically lost their lives. Since that sad day, we have learned more about the terrible set of circumstances that led up to the catastrophic event. Distractions such as texting, driver fatigue due to overworking, and possible mechanical malfunction are all presumed. However did you know the victims and their families have limited time to file their claims?

With all that these families are going through, the last things is to worry about claim forms and filing deadlines. However the cut-off date is quickly approaching for this accident. You must file in early March 2009 claims against Metrolink, track owners, and the Los Angeles County Metropolitan Transportation authority (LACMTA). The statute of limitations is artificially short for governmental agencies, 'to allow the agencies to investigate". Here it would seem more appropriate to waive the claim filing date cut off, but good luck getting a judge to agree with you.

Unfortunately nearly half of the victims have not filed claims yet and their rights may be forever barred if they don’t act soon. Getting a California personal injury attorney that you trust and that can handle these bureaucratic procedures for you is the most prudent thing you can do. You need an expert on your side to handle the details, know the deadlines, and handle the insurance and governmental agencies.

Personal Injury cases such as these are complicated and need a qualified and highly experienced California personal injury lawyer such as Allen, Flatt, Ballidis & Leslie. They have a team of lawyers ready to fight for your rights and recover for all of your future needs.

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Brandon Zucker died recently at Orange County’s Children’s Hospital from complications of an old injury. The boy’s injury drew nationwide attention to the problems of amusement park rides, especially rides here in Orange County, California where we have several major parks.

In September, 2000, Brandon, then only four years old and his family were enjoying a day at Disneyland. Brandon suffered severe injuries after he fell from the Roger Rabbit ride and was dragged about ten feet. In addition, he was trapped underneath the car and suffered severe internal injuries, in fact, so bad that he went into cardiac arrest and suffered brain damage.
Although he survived, he was unable to unable to walk or talk after the accident.

After the 2000 incident, Zucker’s family, their personal injury attorney and Disneyland settled for undisclosed terms. Soon afterward Disneyland overhauled its safety procedures; keeping paramedics in the park, instructing personnel to dial 9-1-1 properly in case of an accident, and naturally making mechanical changes to the Roger Rabbit ride.

An autopsy is still pending on why, after so many years Brandon died at only 13 years old. Our hearts go out to this family for their tragic loss.

If you or your family have been injured in an amusement park ride, don’t hesitate to call a Orange County personal injury attorney immediately to have all of your questions answered and be informed of your rights.

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In a recent prominent attorney journal, a well-written article describes the dangers of roadway drop-off. This article of course underscores our complaints about the condition of Ortega Highway, which has caused a number of auto accidents, motorcycle and truck accidents in Orange County California.

As an Orange County personal injury and truck accident attorney, we have, on a number of occasions, written about dangerous drop-offs and represented clients for such road conditions. Unfortunately, little has been done to correct obvious defects in our more rural roads and narrow highways.

In the article for TRIAL February 2009, a Pennsylvania driver traveling on a state highway experienced an asphalt to shoulder drop off of 6 inches next to newly asphalt highway. The driver traveled on the shoulder for 1.5 seconds before over-steering the vehicle back onto the road. Unfortunately she over-steered, causing her to strike trees on the other side of the road.

For those of you who do not know what a drop-off is, it represents a difference in elevation between the roadway surface and the shoulder, usually dirt. When the vehicle is traveling on the roadway surface and the right side tires encounter the off, the natural tendency of the driver is to over-steer in an attempt to regain control of the vehicle and remain on the highway. Unfortunately all too often, the over-steer maneuver causes the vehicle to lose control and collide with objects on the side of the road, or that are traveling in the opposite direction of travel. The result is usually a horrendous auto accident and injuries. Our office represents such a victim who was killed on Ortega Highway in 2008. As he was rounding a curve in the road he also encountered a significant drop-off causing him to over-steer inexplicably steer into oncoming traffic where he was killed.

We have made claims to the state and local agencies but no resolution of this case has taken place yet. Here are some well thought out recommendations given by the article, which mirror our experience as well.

First identify the cause of the drop-off. There are ample explanations for the creation of drop-offs. Excellent investigation always aids in a successful conclusion. In the article's example, the roadway had just been resurfaced but no attention was paid to the shoulder. In our client's case, the drop-off was due to improper care on the part of the state agencies, over use of the roadway surface, rainstorms and significant large truck tread impaction.

Second and equally important, the accident victim should contact an Orange County personal injury attorney immediately to take steps to preserve the condition of the scene. Photographs of the scene, the condition experienced by the driver, and other areas showing wear, are necessary for experts to conduct their calculations and examinations.

Lastly it is important to gather crash statistics at the location scene, and on the highway. Crash statistics may prove noticed to the governmental agency that work needed to be done at the scene. This is by far the most difficult portion of proof.

Roadway drop-off is a serious condition likely to cause additional injury unless addressed by roadway crews. If you have witnessed an accident caused by roadway drop-off on Ortega Highway we want to hear from you. You may very well be able to aid us in the successful prosecution of the case we've mentioned in this article. Please call us at 1-888-752-7474.

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In an unusual truck accident that occurred in Georgia, a 22-year-old driver struck the rear of a tractor-trailer that had entered the highway from an emergency Lane. As we all know, trucks pulling onto a roadway require some distance to get up to freeway speed.

In this collision, the truck made little effort to gain speed before pulling into oncoming traffic. The driver, unable to avoid the collision, struck the rear of the tractor-trailer causing his death.

In wrongful death claims such as this, truck companies will frequently argue that it is the inattention of the driver that caused the collision and not the negligence of their driver. Fortunately in this case, the attorney was able to persuade the insurer of the trucking company to pay their policy limits of $2 million.

In California, truck operators are required to be properly trained in the manner of entering or departing from freeways. It is a truck operator's responsibility to make sure that oncoming traffic is not impeded by their entry onto the freeway. A California truck accident lawyer will help identify the laws and reasons why a truck company should be responsible, even if the decedent rear ended the truck.

Personal injury attorneys do not specialize in truck accidents and do not know the unique requirements of truck driver duties in the operation of vehicles with large mass. Therefore when you have been involved in a truck accident it is always better to consult with the California truck accident lawyer that specializes in this area of law rather than an attorney even that specializes in personal injury but has little or no truck accident experience.

Feel free to always consult our office for free at 188-752-7474 or contact us for your truck accident needs.

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In a recent California truck accident case a semi truck pulled unexpectedly from a stop sign striking a motorcyclist and killing him. The motorcycle rider was survived by four children. The four children were adults and so therefore id not rely upon the deceased for support.

In wrongful death cases of this nature, where liability may not be in dispute, and is relatively clear, the valuation mainly focuses on the value placed on the loss of life. In loss of life cases, not only is the loss of care love of society evaluated, but also loss of earnings and support.

The surviving family sued the driver alleging that he had failed to keep a proper lookout before pulling from the stop sign. The case settled for $1.75 million paid before trial based upon the damages and loss of consortium of the family.

Wrongful death claims never fully compensates the family for the loss of their loved one. In this case, there was at least an attempt at Justice and a conclusion by the family that the settlement was satisfactory, avoiding the hardship of trial.

A competent California truck accident lawyer understands the implications of wrongful death our family who may not even be relying upon their deceased father for support. This case demonstrates not only the need to hire a California truck accident lawyer, but also a lawyer that understands wrongful death valuation and can successfully obtain compensation for the family.

If you have been a victim of a truck negligently operated truck truck or have suffered the wrongful death of a loved one because of such negligent conduct, please seek out a competent California truck accident lawyer. You're always welcome to call us for a free consultation at 1-888-752-7474.

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A number of articles in legal journals and newspapers have recently been pointing out what seems to be a significant increase in truck accidents at interstate interchanges. Our office as a California Truck accident attorney firm has also noted an increase in reported collisions and cases. Interchanges in California and in Orange County have been particularly noted. The 605 to 10 freeway interchange, the 5 to 57 freeway interchange 405 to 5 freeway overpass interchange northbound are just some of the examples. Why are we seemingly experiencing an increase in the number of truck accidents at these interchanges.

As a truck accident attorney, we frequently see the remnants of a truck accident and the damage that it can cause. It is been our experience in handling a number of truck accident victim cases, that with the increased speeds of vehicles and trucks traveling on the freeways, there is inadequate on-ramp off-ramp exposure to allow the truck time to merge or exit.

The prudent truck driver, of course, prepares for this contingency by early lane changes and by maintaining a safe speed. Unfortunately, in more recent accidents, truck drivers are either less experienced, less dedicated than their forbearer's to safety, or there seems to be less policing of their driving habits.

It is not unusual, for instance, to see a large 18 will semi truck traveling in the number two or number three of a 5 Lane Hwy., rather than in the slower right hand lane. This makes other cars vulnerable to the erratic lane changes of the truck, and may even impede the truck driver's ability to move over timely to enter or exit a freeway. Additionally, as evidenced by the recent case of criminal conviction of a truck driver, truck drivers are increasingly tired, over extending their trip times, and not complying with their duties and the law designed to protect the public using public roads.

Reconstructing our freeways does not appear to be a reasonable solution. The cost and congestion would undermine the effort and potentially cause additional accidents or collisions. Instead we would advocate that the policing of trucks be more rigorously enforced. In California, as Truck accident attorneys, would recommend that laws be adopted that only allow trucks to travel in Lane' other than the far right, when passing are overtaking other vehicles or trucks. This would protect motorists from aggressive unexpectedly changes by semi trucks. As a personal injury attorney dedicated to reducing truck accident victims, I would also recommend that stiffer fines be imposed upon not only the driver but also on the company that they operate trucks for in the event that they are traveling in excess of 55 on our speed limit designed to protect motoring public.

Lastly it would be worthwhile for trucking companies to be required to adopt a periodic retraining and review of rules designed to protect motoring public and to hold those companies accountable if they cannot produce evidence of compliance with that effort.

None of these recommendations are urged at her in, but common sense. However until we required the trucking companies complied and bring their drivers to bear our roads will not be as safe as they seem to be 10 years previously.

If you've been a victim of a truck accident please feel free to contact us for a free consultation at 1-888-752-7474 or contact us at Truck accident attorneys,.

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Avoiding a dog bite can be a precarious effort. If you run, you entice the dog to chase you. If you yell and scream in an attempt to intimidate the dog, you can actually frighten the dog and in so doing may instigate an attack. If a dog is barking or growling at you, it may be attempting to show you aggression or fear. Are these attacks avoidable?

In our client’s case, attack could not be avoided. The dog had escaped the backyard of the neighbor' s house, and had attacked our client' s dog. When our client attempted to separate them, he was attacked as well. Although he received a $325,000 settlement, for the injuries he had sustained, an after-the-fact settlement still means our client was a victim.

Several dog experts in recent years have proposed methods for avoiding an attack by a dog. However, those methods have been met with mixed results. As alluded to earlier, if you attempt to out run the dog you will likely be brought to the ground from behind and sustain more serious injury. There are several things you can try however that will minimize the possibility of an attack.

1. Don't look the dog directly in the eye. By avoiding direct eye contact, you minimize your appearance of aggression to the dog. Many times you will see the dog become more passive attitude you can move away from each other slowly yet effectively.

2. Don't run at the dog. As a personal injury attorney I have seen a number of cases where a client has attempted to scare the dog by running at it. While the dog may initially begin to turn and flee, in the confusion of the moment more typically the dog circles and attacks from a different direction. Instead simply remain still and if you can't relax. By relaxing, the dog's primal instinct seems to improve its disposition.

3. Some experts have suggested that you show dominance by screaming or yelling to establish authority. Clients that this personal injury attorney has represented has not seen not as effective tool. However, it may be worth your while to appear larger than you are by standing tall in a wrecked, using your code to make your appearance wider and by standing your ground at least until an attack is imminent.

It is an attack is unavoidable, protect yourself with your hands and legs. Injury to these extremities is more readily resolved in significant biting her thrashing of the torso neck or other vulnerable areas. If you've been attacked by a dog, feel free to contact us for a free consultation at 1 888-752-7474. As an expert attorney dedicated to representing dog bite victims, we will provide you with competent and experienced representation that will maximize your damages award.

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On May 4th, 2007, Chris and Lori Coble’s lives were turned upside down by the untimely, tragic death of their three children. Returning home from celebrating their son’s 5th birthday party celebration, a semi truck crashed into the family’s min-van, causing serious personal injuries to Lori and her mother, and killing Kyle, Katie and Emma Coble.
Truck driver Jorge Miguel Romero pleaded no contest and was sentenced for misdemeanor vehicular manslaughter this week in Newport Beach. He received a sentence of one year in prison and 5 year’s probation for the deaths of three Coble children in 2007. Lori Coble sat in the courtroom silently crying as the sentence was handed down. This brings partial closure to this chapter of their lives but they continue to turn their grief to action by demanding changes within the trucking industry as well as lobbying changes to Caltrans projects here in Orange County that have been seriously delayed.
The truck driver admitted to negligence because, at the time of the accident, he was on his cell phone checking for messages and this was a major distraction while driving this busy section of Interstate 5 freeway near Mission Viejo. In addition he had falsified his work log and had been overtired as so many commercial drivers are and did not keep the appropriate car length distance as is required by law.
The Cobles are currently busy pushing for changes within the trucking industry as well as taking care of their new triplets that were born last May. Yes, their new triplets were born in May of 2008—almost a year after the horrific accident that took the lives of their first three children. They now have 2 daughters and a son, once again!

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As many of you know, our firm has been posting for about 2 years the dangers of Salmonella in peanut butter. We recently resolved a case involving such toxic contents, without having to wait for class acrtion resolution as many of the other Plaintiffs in the Georgia class action lawsuit. One reason is our expertise and ability to handle such cases effectively. Unfortunately, here we are again with a new outbreak. If you need a personal injury attorney that specializes in such cases, call us at 1 888 752-7474.
The nationwide recall of peanut butter products has affected almost all 50 states, including over 66 cases here in California. In Orange County, we have had 6 cases to date with fortunately no deaths. Nationwide over 500 people have become ill and eight people have died.
The American Peanut council is now taking steps to reassure the public on which types of peanut butter products are being affected and which ones are not. The recall all began when one manufacturing plant in Georgia found salmonella contamination. Although their peanut butter primarily went to intuitions such as hospitals and schools, the contamination eventually led to a recall of over 125 products containing peanut butter.
Peanut butter and peanut products are literally everywhere within our packaged food supply. In fact the average consumer eats about six pounds per year. One major Orange County store eliminating products from their shelves are Trader Joe’s which provide celery with peanut butter packs and many popular nutrition bars such as Luna, NutriSystem and Cliff Bar.
Orange County grocery chain stores such as Ralph’s, Vons and Albertson’s have voluntarily removed several peanut butter crackers such as Keebler and Austin brands because the peanut paste used for these cracker products might be tied to the salmonella outbreak. In addition, through their rewards programs they are contacting their customer via their receipts and notifying anyone who has purchased one of the recalled products. Look at the bottom of your receipt the next time you’re purchasing groceries in one of these stores.
Popular peanut butter brands such as “Peter Pan” , “Skippy” and “Jif” are all safe to eat due to the fact that they process their own peanuts and do not buy from a outside distributors. Primarily the recall involves pre-packaged products of peanut butter snack food and not jars of peanut butter.

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In a recent case, a young woman with a new baby lost her husband to suicide. Obviously disturbed, he committed another act of violence and loss when he changed his beneficiary on a life insurance policy to an old girlfriend before his death. Having not worked for several years, he didn't even pay for the life insurance.
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The beneficiary did not care that a baby and wife were left with bills and debt, accumulated by the husband. She wanted the death benefit. Our client hired us to represent her, enforcing any rights that she had to the policy. As it turned out, since she paid for the policy and was still married, she had community property rights. Furthermore, there is ample evidence that the two had made mutual promises to keep insurance on the other for the benefit of the child. We are confident that justice will prevail.

Our firm represents injury victims who suffer from wrongdoing of another. If you need an attorney to help you with your rights, call us at 1 888 752-7474 for all your lawyer needs.

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About 1.7 million kids live in households with loaded, unlocked firearms. Every day at least 3 children die due to accidental firearms’ deaths. Here in California, accidental firearm deaths have been on the rise since the mid nineties. Is there an unlocked firearm in your home, or better yet does your child know where it is located?
In California each year we read reports of children that have been involved in accidental shootings. This year is no different. Last week a two year old was shot and killed by a 12 year old relative when they were playing in their garage. The child “thought” it was a toy gun until of course it went off and struck the small boy. The owner of the gun was later arrested. Under California law, authorities can hold the gun owner responsible for a death if they leave a handgun or weapon where a child may have access to it.
Child Access Prevention (or CAP) Laws hold gun owners responsible if they leave guns easily accessible to children and a child improperly gains access to the weapon. Eighteen states, including California have established these tougher laws to protect children and reduce serious personal injury. The safe storage laws requires gun owners to one, always keep guns out of reach of children and two, if they chose to have their guns out, to always have a safety device to lock the gun.
Each year more than 16,000 children are injured with guns and since 1990, more than 5,000 kids have died. Many of these incidences are from kids finding guns in a drawer, in a closet or an unlocked gun cabinet in the home. Moreover, in 72% of unintentional deaths and injury cases the firearm was stored in the residence of the victim, relative or friend.
In a study that asked parents about gun safety, 87% of parents believed that their child would never pick up or play with a gun. Experts agree that parents are deceiving themselves and placing too high of expectations on their children to “know” what the right thing to do is. Parent’s surveyed felt their kids were “too smart” or “knew better” to do something reckless. Gun safety is a safety topic, like stranger danger, that should be discussed with your children as soon as they are old enough to understand the danger and play at other friends’ homes, for example during a play date situation.
Even though gun ownership is a fundamental right guaranteed by the second amendment, along with ownership comes responsibility, and way too many guns are getting in the hands of children who are too young or untrained. This combination can lead to accidental deaths or personal injury. Be smart about storing your guns and protect our children.
If you have been injured in a gun related accident, don’t hesitate to contact a personal injury attorney immediately to protect your rights. Allen, Flatt, Ballidis and Leslie have a staff of experienced personal injury attorneys that will assist you through this experience.

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The military offers health insurance to their personnel. If that person is injured on the roadway while not on duty, they are covered. However, federal rules require reimbursement of the amount paid if the victim recovers from the negligent third party. What about the circumstance of not enough insurance, or no insurance? Of course if there is no insurance, there is no point in prosecuting a negligent person if they cannot pay a huge judgment, since the Navy gets paid first.

But look at when someone has insurance. Take my recent client who was injured severely in an accident. The defendant had only $100,000 of insurance and no house, no car and no other means of paying for a judgment. The policy was offered, but the Navy has to be reimbursed, $98,000. So what to do.

The Judge Advocate will allow a waiver of the lien in extreme cases. So we are in the lengthy process of asking for that waiver. While we have been successful in most cases such as this, it still is long and hard to get a waiver. It is also not for the weak of heart or a non professional. As this case unfolds, I hope for good news for this client. I will keep posting on this one.

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Today, North Dakota has moved a bill into legislation to increase the number of children who can receive health insurance coverage. The plan was to increase the eligibility standards of their State Children's Health Insurance Program to 200 percent of the poverty level, or stated another way, the Federal and State Government would contribute and pay for coverage of children in a family earning $42,400 a year.

Any effort to increase coverage for children is highly applauded by this lawyer, because the cost of health care is so enormous, particularly with accidental tragedy or severe illness. But this issue should be more aggressively addressed at the national level.

Why should a child of a family working to make a living with $42,000 in income or less be covered while the child with a family income of $50,000 in income not be covered. Why are we only covering the less fortunate of children, and adults for that matter.

The common denominator in each family is that they are working. The working class should not be forced to pay for health insurance for their family from their paycheck. Instead, our government should rewrite ERISA, the law that encouraged health insurance to be offered to employees. ERISA is archaic, causing more confusion that settles it and needs reform Why not mandate that employers must offer and pay for all coverage of all family members.

The business owner, of course, will complain that the costs will drive up prices of goods, and services and they will not be able to compete, and even may go out of business. Therefore the simple and sometimes overlooked solution is an incentive program for businesses to comply. Current law allows deductions for health insurance premiums as a business expense for companies. Expand the deduction to include beneficiaries. Additionally, tax breaks and incentives can be given for compliance and penalties for non compliance. A tax break that allows the costs of an average premium for family coverage can certainly be calculated by those charged with such tasks. Reduce the taxes paid by business owners and companies reduces the obligation of government to collect and fund with taxes, while increasing the direct payment of premiums to insurance companies, and will increase revenue for insurers, thereby reducing the cost of insurance for all. Additionally, if the formula is properly calculated for tax credit, virtually no additional "cost" to the business or owner will be incurred.

Lastly, pubic funds that are now devoted to such causes as the North Dakota State Children's Health Insurance Program, can be diverted solely to fund and help those children that have no insurance because the parents are not working or cannot work, increasing their benefits.

Taxing individuals and business to funnel to a program for the poor is justified, but if they are working poor, lets cut out the middle man (Government) and the bureaucracy that comes with it.

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I recently wrote to the American Bar Association legislative counsel and got no response. I thought I might as well post here and start a grass roots movement on such an unfair subject. Here is what I wrote last week, (and got no response by the way)

"My name is James Ballidis. I am a practicing member of the California State Bar Member (119461) and specialize in personal injury auto and truck accident lawsuits enforcing injured victim rights.
Over my 23 year career, we have always had to deal with liens and claims arising from ERISA policies, but thanks to the judiciary, ERISA has been interpreted to allow for just and equitable apportionment of damage proceeds between the victim, the treating doctors not paid by ERISA health insurance, and ERISA providers seeking reimbursement.

ERISA, drafted so many years ago, did not anticipate the current environment of reimbursement and was relatively silent on the rules of reimbursement. 29 USC 1132 [a](3) provides for reimbursement claims to fall under the 'appropriate equitable relief" standard, when enforcing liens and reimbursement rights. As a practical matter, our district has taken the view in the past, that principals of equity, in the absence of specific legislative language, would apply to reimbursement issues. Thus when there is inadequate insurance and assets to compensate all parties aggrieved by a third party's actions, such concepts of unjust enrichment, and the "common fund" theory of equitable apportionment of proceeds to all parties were used, to allow the practitioner to manage a fair settlement providing recovery to all in a proportionate and fair manner.

Recently however, a troubling case came down in the 8th Circuit that now places a priority on ERISA liens to be paid from the proceeds of settlement before any sums are paid to a victim. While Courts will hide behind language suggesting that the language of the policy could allow for less than full reimbursement, as a practical matter, all policies of health insurance demand reimbursement and language is almost always drafted to give the most reimbursement to the carrier at the expense of the victim.

I direct your attention to the case of Admin. Comm. of the Wal-Mart Stores, Inc. v. Shank, 500 F.3d 834. This case was later denied review by the Supreme Court probably because there has not been another district deciding on these facts directly.

In This case, a woman was severely injured in a major accident, had catastrophic brain injury, will never work again and sustained $462,000 in medical bills paid by Wal-Mart. The plan sought reimbursement (OF THE ENTIRE AMOUNT PAID) from a $700,000 settlement. After attorney fees and costs, the amount to the Plaintiff was $417,000. Thus Wal-Mart sought to capture all the proceeds leaving this poor woman without any possible fund for future use, or recovery for lost wages, damages for pain and suffering or otherwise.

All the typical arguments were raised on appeal to an order that the entire sum not be payable to Wal-Mart. Common fund, which suggests that each party be reimbursed a ratio of their damages to the total damages was rejected. So was the theory of the victim must first be made whole before any reimbursement is required. Common Law Pro Rata reimbursement was also rejected. The Court reasoned that "Appropriate equitable relief" meant appropriate to maintain and protect the plans funds and integrity, without consideration for the victim at all.
Wal-Mart Won. Of Course the media crushed them and they gave the money to the victim but the damage has been done. The impact on this case has been immediate. Virtually all reimbursement companies are now demanding full reimbursement with little ability to counter their demand.

Let's discuss the typical case:
Client is involved in a clear liability accident but the defendant is woefully uninsured. Defendant owns a house (with little equity now) and had a $100,000 policy limit of insurance. They have no other assets, ie Middle America defendant. The client required 3 surgeries and incurred $150,000 in medical fees paid by their employer under an ERISA plan. The client has underinsured motorist coverage of $100,000 thinking they are protected but it does not apply.
The Plan refuses to accept anything less than the $100,000 policy limit or at least the amount after attorney fees to collect it, leaving the victim no money for being out of work, providing no pain and suffering, no co-pay assistance and generally causing this life to be in turmoil. If the injuries are severe enough that they do not work again they will become a ward of the state. If they are lucky enough, they get back to work but are in financial crisis.
THIS OUTCOME HAS BEEN NOW OCCURRING IN VIRTUALLY EVERY CASE IN MY OFFICE WITH AN ERISA PLAN SEEKING TO BE PAID IN FULL AT THE EXPENSE OF THE CLIENT.

The fair and reasonable approach, which obviously will have to come from legislative amendment is:
A fair compromise of a settlement should be to drafted to protect the rights of the ERISA plan and the victim.

Here is an amendment that seems reasonable:

"Appropriate equitable relief as it pertains to ERISA plans seeking reimbursement or enforcement of liens means: an equitable apportionment of the proceeds of any settlement between the ERISA plan and the victim in accordance with each of their total damages claims, after deduction of attorney fees and costs, if any."
This needs immediate attention for victims and working attorneys who are now faced with heartbreaking news for the family of an accident.

May I please have your response

Respectfully
James Ballidis"

I will keep you posted if the ABA responds and if not, what I am going to do about it.

James Ballidis

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The Insurance Institute for Highway Safety performs yearly test to authenticate safety ratings for all class of cars. It is an independent, non-profit agency that tests automobiles for safety during specific crashes. At the end of year 2008, the IIHS presented their report for the 2009 recipients of the Top Safety Pick Awards. This year there were 72 winners, more than double the winners in 2008 and triple the winners in 2007. The car manufacturers are getting the message that we, the consumer are expecting safer cars to be built.

The top safety pick tests a variety of automobiles, including large, midsize, convertible, small and mini cars. In addition they test minivans, SUV’s; large, midsize and small as well as small and large pick-ups. For the first time ever, winners represented every category of car. Testing cars is important but at the IIHS, they actually test vehicles according to the most common kinds of serious personal injuries and fatal crashes.

Three quarters of the 28,896 vehicle occupants who died in 2007 as passengers were from front and side impact fatal crashes. Rear end crashes, which are usually not fatal, result in two thirds of all insurance claims for injuries in all kinds of crashes. These three type of crash test; front, side and rear are performed on all of the cars.

Honda, Acura and Subaru were the big winners for 2009, due in part that they had a winner in each category. The only big loser was Chrysler which had no winners in any category. For a complete list of cars, visit www.iihs.org for full details on models, crash tests and evaluations.

If you’re lucky enough to be purchasing a new car this year, then how do you pick which car is the safest? Expert agree that first you must choose the category of car you need and then pick one with electronic stability control, (ESC), and antilock brakes—the two best safety features you can have on your car. However, ultimately the one feature that can save more lives is the simple seatbelt!

ESC was mandatory for the first time in 2009 models that were under 10,000 lbs and it is being compared to the affect that seat belts had when they were first regulated. By 2012, ESC will be standard on all vehicles. What exactly is it and has does it work to make you and family safer from personal injury?

ESC uses a computer linked to a series of sensors—detecting wheel speed, sideways motion and steering angle. If the car starts to drift, the stability control system momentarily brakes one or more wheels and then reduces engine power to keep the car on course.

For a cost of $111 per vehicle, this technology will save between 5,300 and 9.600 lives annually and prevent 168,000 and 238,000 personal injuries. Not a bad return for the auto makers!
If you have been injured in any type of automobile accident, you need guidance through this difficult process. From getting your car fixed, picking a specialty doctor for your healing and settling claims with your insurance company—all of this can be accessed through a professional personal injury attorney. But not just any attorney, pick an experienced attorney. Call Jim Ballidis at Allen, Flatt, Ballidis and Leslie for a personal consultation.

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Although Orange County’s hospitals have a good reputation, medical errors are still causing personal injury and death to many people here. Imagine waking up from your surgery to find out that they operated on the wrong knee? Left you with a staph infection? Left instruments and sponges inside you? It’s hard to believe but it is happening, and unfortunately, at an increasing rate.
California Department of Public Health, the agency that oversees proper health care and hospital conformity recently released the list of hospitals that received penalties due to non compliance and these actions were deemed likely to cause serious injury or death to their patients.
Of the 18 California hospitals fined, 15 were in Southern California and of those 15, 6 were in Orange County. Hospitals like Hoag Memorial in Newport Beach, Los Alamitos, Fountain Valley Regional, Anaheim General, and Coastal Communities. These hospitals had performed wrong procedures, left sponges inside patients, gave incorrect medications, etc.
Preventable deaths in America rose 3% to a staggering 247,662 deaths in 2005. The cost to hospitals is 8.6 billion but the cost to patients is unforgiveable. Currently, patient safety incidence that were most common were post operative sepsis, or simply an infection that has developed after surgery(35%), post operative respiratory failure (19%), and other infections (13%).
According to a study by Health Grades, California ranks 42nd in the country according to incidences, injuries and other issues facing its hospitals. So what is a patient to do when they learn they must have a procedure done in a nearby OC hospital? Fortunately there are some online resources that can assist you in making an informed decision.
One great website that compares hospitals in your area is the U.S. Department of Health and Human Service, HHS at www.hospitalcompare.hhs.gov/ .Just place your zip code, city or county in the search box and you will receive a listing of hospitals within a 25 or 50 mile radius of your home. Then click three hospitals to compare. You will receive information such as quality of nursing care and responsiveness to heart attack protocol and proper antibiotics given for pneumonia.
For a more comprehensive hospital check you can visit the fee-based Health Grades. For example, let’s say you are going into the hospital for a hip replacement. Studies have shown that the hospital that does procedures on more frequent basis tend to do a better job. Surf over to www.healthgrades.com and search under “hospital ratings”. Then check off what procedure you will be having done and then your county. You will receive a comprehensive list of the hospitals in your area to compare where the best place for you to have this done. Additionally you will find out which hospital has the best success rate!
While you’re visiting Health Grades, don’t forget to check out your doctor as well. How many malpractice suits has he or she been involved in? Any sanctions with a hospital or medical board? Remember, your healthcare is IN YOUR hands.
Have you been injured due to a medical error or have a loved one that has died due to the negligence of a hospital or doctor? You probably have lots of question, so why not call the experts who will advise you of your rights and possible options. Call the expert personal injury attorneys at Allen, Flatt, Ballidis and Leslie today.

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Recently Dennis and Kimberly Quaid agreed to a $750,000 legal settlement for medical errors involving massive doses of Heparin given to their newborn twins at birth. Under the agreement, the Southern California Hospital, Cedars Sinai Medical Center got a slap on the wrist with a $25,000 fine and staff retraining and the Quaid family sued the manufacturer of the drug, Baxter Healthcare Corporation.
Heparin is a life saving drug for millions of patients to avoid potentially life-threatening blood clots. It is administered intravenously to patients who are in need of a blood thinner in emergency /operating rooms and dialysis centers. However, recently its manufacturer, Baxter International has faced scrutiny regarding its product labeling, adverse effects and some deaths.
In addition to the labeling errors, which were the reason for the Quaid family lawsuit, the company is now facing several lawsuits and severe scrutiny due to the contamination of the Heparin drug causing 81 known deaths to date.
The Federal Drug Administration (FDA) has received several hundred complaints of serious allergic reaction associated with Heparin in the last year. This in turn led to a hearing by congress to investigate the high rate of claims to the FDA and what they were doing to solve the problem. They concluded that this was the worst case of poisoning since the Tylenol poisonings of 1982.
The FDA identified Changzou SPL, a Chinese subsidiary of Scientific Protein Laboratories as the source of the contamination. The contaminant, over sulfated chondroitan sulfate, which cost a mere $9.00 per pound compared to Heparin at $900. It was hinted that this was nothing short of economic sabotage.
An FDA investigator admitted that it violated its own policies by not inspecting this Chinese plant until 2007 even though Baxter Healthcare had already been given the green light since 2004 to purchasing this product.
Chinese officials, worried about bad publicity are disputing claims of deliberate contamination. They are arguing over who has the right to come on their property and inspect their facilities.
How many more cases like this one must the American public endure before our leaders take some sort of action to protect the public? Until that time comes, remember, information is power and you can always find a list of recalled drugs at the FDA’s website at www.fda.gov/
Even though the Bush Administration has proposed increases to this agency’s budget next year, critics argue that it is not enough to adequately monitor not only this drug plant, but the over 700 approved Chinese drug plants that we receive ingredients from. The agency admits that it only has the manpower to inspect 10 to 20 per year. At that rate it will take 40 to 50 years to inspect them all.
Have you been injured in a medical-related accident? If so, don’t hesitate to contact a professional personal injury attorney immediately. They will help sort through the maze of paperwork to allow you to recover.

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A New Year is always an exciting new beginning but it also a time to find out about new laws that become effective and avoid new fines and fees. New California laws are no different and in fact, California leads the way with some important motorist rules that may reduce personal injury when using your vehicle. Here are three to be aware of:

1. Effective January 1, 2009, senate bill 28 will ban ALL text-based communication, including instant messaging and email. California drivers can’t send, receive or read text messages while driving. Period. Cell phone use while driving in California is already banned, except for hands free devices. There will be a $76 fine for your first offense and $190 for all subsequent offenses, depending on the county you are driving in. Additionally, don’t think that just because you’re at a stoplight this gets you off the hook. Anytime you are operating a vehicle a police officer can give you a citation.

A new study by University of Utah psychologists recently concluded that cell phones, whether hand-held or hands free, are a distraction to the driver. They compared the differences between normal conversations within a car to talking with friends over a device. The cell phone users were more likely to drift in their lane, not keep appropriate car length distance and missed their intended exits. In previous studies, they were able to compare motorist’s judgment levels revealing that they were no differences between normal cell phone driving and having 0.08 percent blood alcohol level.

California is the 6th state to enact stricter driving laws regarding electronic devices and hopefully we will see a decrease in the coming years of serious personal injuries.

2. California state law now requires that if you smoke in your automobile, you may not transport a minor child as a passenger. Even if you are stopped by the side of the road, you will be cited for this violation.

Distractions are a big cause of injury accidents, and smoking is just one of many distractions that keep driver’s focus away from their duty as a driver. Along with music, eating, and talking, smoking is a major distraction that can take away your attention in various driving situations.

3. If you are one of the over 200,000 persons in the state of California that had a DUI arrest last year, then be aware of this next new law. If you are caught a second time with a blood alcohol level of 0.01%, the law enforcement authorities will automatically suspend your license for 12 months AND immediately impound your car.

In 2007, 28,987 Californians were injured in alcohol-related accidents and 1,616 were killed. The estimated cost per injured survivor of an alcohol-related crash averaged $115,000. Orange County has about 20% of the states personal injury accidents involving alcohol. Cities with the most crashes included Costa Mesa, Orange, Newport Beach, Santa Ana and Anaheim. It is never safe to drink and drive and now the laws are getting tougher on the first and second time offenders.

Lastly, these are just a few of the new laws that became effective on January 1, 2009. For a complete list, visit www.aaa.com

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As the holidays are over it is time to take stock in the many presents your child received There has been more than 170 toy recalls during 2008, including more than 18 million items. As Christmas gets earlier and earlier each year, parents and family members worry what type of toy is age appropriate and safe for their children. December was “Safe Toys and Gifts Months” proclaimed by the organization Prevent Blindness America. It encourages everyone buying gifts to make conscious decisions to buy appropriate child gifts. No one wants to be responsible for causing serious personal injury to children.

Last year, more than 170,000 children under the age of 15 were treated at the emergency room for toy-related injuries, according to the Consumer Product Safety Commission. More than 80,000 of those were to children ages 5 and younger. The majority of those injuries were to the head and face. Lacerations and contusions made up most of these injuries, however choking on small parts are common as well.

Choking is the most common cause of death in children under 3, so the rule of thumb is, if the toy can fit in an empty toilet paper roll, then it’s too small for your child It is unlikely you can prevent all unsafe toys from coming in your home so parents need to be proactive in safeguarding their children. Watching your child at play is probably one of the best safeguards against injuries and second, checking for toy recalls.

A good place to start this holiday season is the Consumer Product Safety commission’s website at www.cpsc.gov/. There you will get a complete listing of all recalled toys and products and you can also search by manufacturer and make. If your child has been injured or you suspect that a toy is dangerous, you can also report a suspicious toy at this site. In addition, the U.S. Public Interest Group has a site, www.uspirg.org/ that has several pamphlets on general tips about buying toys and toy safety issues. You may also sign up for their free email alert so you can be one of the first to know if a toy is recalled. Recalled toys are still being sold in stores so educate you to make wise buying decisions.

If you’ve already bought a toy before it has been recalled, you can always take it back to the retailer you purchased it from. It is their responsibility to deal with the manufacturer, not yours. If the toy has already been recalled, the retailers have a “do not sell” written into the barcode so that even if the toy is on the shelf, you couldn’t get it past the register. However, many toys are sold before the recalls ever happen. And with stores closings all over Orange County, make sure that they still have some type of return policy.

If your child has been injured in a toy-related accident, don’t hesitate to call a professional personal injury attorney with Allen, Flatt, Ballidis and Leslie. They offer a free consultation and will provide you with advice on your rights within the law.

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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.

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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.

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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.

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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.

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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/

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Winter brings weather changes to our otherwise sunny California. In Orange County, early morning dense fog along the coastline starts appearing during the morning commute and in the inland valleys, Tule fog can develop without warning. Tule fog is technically radiation fog, but whatever you want to call it, various types of fogs are responsible for motor vehicle accidents at this time of the year.

Last year there was a massive 100 car pile-up in California’s Central Valley due to heavy fog. Within an hour’s time, the visual distance while driving went from 2 miles to about 200 feet. Dozens were injured and two people died in this tragedy. This week, a judge sentenced Morris Taylor, the driver most responsible for the pile-up, to one year in jail and three months probation. The main reason he didn’t receive more jail time was that the California Highway Patrol concluded that he was just one of many people speeding that day in the fog and there was plenty of blame to go around.

Last year in California there were over 951 injuries and 57 deaths due to fog-related auto accidents and over half of those incidences occurred over the November through March time period. Since many of these huge pile-ups occur because of excessive speeds, it is imperative to slow down. In many instances, fog can literally appear quite quickly.

In addition to slowing down, the San Joaquin Valley is setting up a new $12 million dollar fog alert system to expand their safety goals. This new system will include the use of weather stations, vehicle motion detectors, visibility sensors and closed-circuit cameras to monitor weather and traffic patterns. The new fog technologies are strategically placed along several miles of California Highway 99 and if all works well, all of the sensors and cameras should be integrated.

Once a problem is detected and fog begins to appear on the highway, the sensors will alert the cameras and then within 30 seconds, alert messages would soon appear on the giant message boards. The CHP and the community are hoping that this will prevent a huge car pile-up and prevent unnecessary personal injury. A similar system built in 1996 near Stockton, California helped reduce the number of crashes in that area by 70%.

Have you been injured in a weather-related automobile accident? If so, then you need to speak to a professional personal injury attorney as soon as you are able. A good attorney will assist you in the complicated ordeal of fixing your car, getting appropriate medical care and of course, dealing with your insurance company. You need a professional advisor on your side to worry about the details while you recover. Call us at 1 888 752-7474.

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Black Friday. The crowds of seasonal shoppers are racing for holiday bargains and this year, it has become an event causing serious injuries and even death. Black Friday is the traditionally the start of the holiday shopping season, the Friday after Thanksgiving Day. Retailers hope to turn their balance sheet from red to black during this season.

A California toy store was the scene of a horrific tragedy. Although the desert community police department is still investigating this crime, it appears that two families got into a dispute over a toy and both men took out their guns simultaneously and shot each other. As you might imagine, this toy store was full of children and adults and there was screaming and crying all over the store. Kids were heard crying, “I don’t want to die”. What a horrible start to the holiday season for these families.

The other shocking incident was in a Wal-Mart store on Long Island, New York. The store put temporary employee, Jdimytai Damour in front of the store window to prevent hoards of energized shoppers from moving too quickly once the doors were opened that morning. Unfortunately, even his 6 foot, 5 inch, 270lb frame could not stop these crazed shoppers that broke down the electronic doors and crashed through the building to get to the low priced bargains. The untrained employee never had a chance. Damour died of “positional asphyxiation”, which was caused by thousands of shoppers literally trampling him to death.
In addition to the employee’s death, at least two dozen shoppers were injured, some seriously, including a pregnant woman who went into labor early. What happens to people that they get so enticed by the image of getting a super bargain that they lose respect for their fellow man? No one quite knows the mob-like mentality that consumes shoppers at 5:00 in the morning, but one thing is sure, a few people are now suing the store.

The family of Jdimytai is suing the store and the shopping center for wrongful death. Not only was this employee only on the job for one week, he was not trained at all in crowd control. And although there was security inside the store, they were not positioned outside where they were supposed to be. This event was not properly organized by the store and there is tremendous negligence on the part of Wal-mart. No one should have to die being trampled by thousands of screaming shoppers.

During the holiday season, retailers have many options opened to them to prevent such tragedies, such as distributing vouchers or having security allow people in the building in an orderly fashion. There is no excuse for employees dying on the job in lieu of profits.
Holiday shopping is in full swing here in Orange County and hopefully nothing that terrible will happen here. But if you have been injured in any type of accident, you need to call a professional personal injury attorney as soon as you can.

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Spinouts, SigAlerts and slick roads can only mean one thing in Orange County—we’ve received the first major rain storm of the season! We typically get our first rain in Southern California in November, on average, receiving little to no rain from April to October. However, after months of dirt and oil accumulation on the roads and so when it does rain, our roads become very dangerous for motorists and often contribute to serious personal injury accidents.

California Highway Patrol (CHP) estimates that car accidents typically double or triple during the rainy season in here in Southern California. The main reason is that people don’t alter their driving behaviors and keep driving as fast as they would normally drive. Slowing down and keeping more than the normal one car length for every ten miles and hour saves lives and keeps you safe. Here are also some tips to be aware of.

Skidding and Hydroplaning in rainy conditions are often the result of driving on wet roads. Skidding can be prevented by slowing down, especially on curves on transition roads and overpasses. These surfaces are often built at curving angles and may cause slipping and skidding issues for automobiles.

Besides driving more slowly, motorist must also be aware of driving through puddles too quickly. Yes, it’s always fun to watch the big spray of water coming from the car, but this can lead to water getting into the engine compartment and causing it to stall. If you do drive through an unexpected puddle, check that your brakes are working properly by tapping them gently a few times after you exit.

Lastly studies have shown that most motorist change their wiper blades every two to three years. Your wipers should be changed twice a year due to our extreme weather conditions. There’s nothing worse than driving in the rain and you turn on the wipers only to get see it shred in front of your eyes. Make sure tires are in good condition and are at the recommended inflation level. Driving with bald tires on a slippery surface is a major factor in skidding. Tires should have at least 1/32nd of an inch tread depth at any two adjacent grooves, the minimum allowable by law. Driving on tires that are over-inflated or under-inflated is also extremely dangerous on wet pavement.

If you have been injured in one of the hundreds of recent motor vehicle accidents during our recent rain storm, don’t hesitate to contact a personal injury attorney firm like Allen, Flatt, Ballidis & Leslie immediately. You can call us at 1 888 752-7474. Whether you are seeking help for a property damage issue, injuries or just inquiring on your legal rights, selecting the right firm can make all of the difference. Allen Flatt, Ballidis and Leslie has over 30 years experience serving the communities of Orange County, California. Call them today for a free consultation.

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Schools are back in session across Orange County and children everywhere are playing on sport teams both after school and on weekends. More than 30 million children and teens participate in some type of organized sport here in the U.S. About 3.5 million of those children will experience some type of personal injury. In fact over 1/3 of all injuries that children experiences are sports related. But all sports are not created equal and neither are the injuries. There is potential for injury in all sports and as a parent, you can be aware of the types of injuries that are common in that sport and monitor the coach, the team interactions and of course, your child. Save yourself a trip to the attorney by implementing these safety plans to avoid personal injury

Although death from a sport injury is rare, the most serious type of sport related injury is the brain injury. 21% of all kids who participate in recreational activities will experience some type of head trauma. This type of accident is very serious because it has long-lasting effects throughout your time. As children grow older, so does their aggressive behaviors and goals for scholarship $$$.

A recent study just released from the National Center for Catastrophic Sport Injury Research (NCCSI) concluded that the most dangerous sport for girls is cheerleading. Yes cheerleading! Since cheerleading is not regulated, it is not considered a “real sport”. Today’s cheerleaders are tossed high into the air, twirl and experience risky gymnastic-style stunts but that was not always the case.

Cheerleaders suffered 65% of all high school girls sports injuries and since 1982, 67 fatal or life-threatening injuries have occurred—not your mother’s cheerleading squad. One California college student, Jessica recalls being tossed into the air 15 feet, when she looked down in horror. Her teammate that was supposedly going to catch her had lost his balance and fell backwards. She landed head first on the ground and broke her back in two places. The doctors told her she was millimeters away from paralysis.

Overall, most kids in high school get through with just some bruises and sprains. Since 62% of all organized sports-related injuries occur during practice, it’s a good idea to make sure the coach implements a good warm up phase and does not push the kids beyond their limits. Children of the same age and weight, but who are less developed are at greater risk for personal injury.
Can you guess which sports have the most injuries? You might be surprised. The National Electronic Injury Surveillance System, NEISS, tracks sport-related injuries and reports any emerging patterns to appropriate agencies. The most dangerous sport in terms of injuries, are in descending order: basketball, biking, football, ATV riding, baseball/softball.

Although, some sport injuries are unavoidable, some are preventable by wearing appropriate safety equipment, such as helmets, shin guards and proper clothing. Also staying active year around will help keep muscles flexible and your mind alert.
If you or a loved one has experience a serious personal injury of any kind, call an experienced attorney immediately. They will be able to answer all of your questions and assist you through the process of recovery. Call us anytime at 1 888 752-7474.

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A local trial here in Orange County is raising the debate, once again, among dog owners and their responsibilities. In this case, a woman in Westminster faces up to one year in jail for her pit bulls aggressive behavior and personal injury attack on a postal carrier. The women had a long history of keeping aggressive animals. In fact just last June, another one of her dogs just attacked a visitor in her home. When do the rights of a dog owner supersede the rights of a person not to be attacked in a home, neighborhood and park? How often do we need to hear that a pit bull is a great pet dog for children?

Every 40 seconds in the United States someone seeks medical attention for a dog bite. Of the 4.7 million people afflicted by dog bites each year, about 800,000 needs to seek professional medical attention. Moreover, in 77% of these cases, the victims often are kids. Tragically the head and face is frequently the target, leaving damaging scars and emotional trauma, as well as personal injury.

Here in California the law is quite clear regarding liability in dog bite cases. If you are a dog owner and your dog bites someone, regardless of provocation, you are liable. As with most laws, there are some exceptions such as cases involving a trespasser or veterinarian.
If you or your child has experienced any type of personal injury in a situation involving a dog bite, don’t hesitate to contact an experienced firm such as Allen, Flatt, Ballidis and Leslie. They have previously handled many cases and have the experience to solve yours in a professional manner. California state law has special provisions for a dog bite that occurs where children under 5 are involved. Get an experienced personal injury attorney on your side!

In another case that ultimately went to the California Supreme Court, last week a Superior Court Judge charged Marjorie Knoller with murder and sentenced her to 15 years in jail. The facts of the case were very bizarre and disturbing. Ms. Knoller, the dog owner, knew her dogs were genetically predisposed to being vicious and the dogs had recently displayed violent behaviors against other neighbors. During the 10 minute incident where her neighbor was mauled to death back in 2001, she did nothing to stop her dog or call 911 for help. To make matters worse, Ms. Knoller blamed the dead women for the attack. Very disturbing indeed.

Whether you own a Presa Canarios, like in the above case or a tiny little poodle, every dog owner should know that any dog can bite in certain circumstances. Pit Bulls, Rottweiler’s, German Sheppard and Dobermans all have aggressive tendencies. In fact over 44% of all dog bites come for German Sheppard. Before purchasing a breed, make certain you know as much as you can about the dog’s behavior and make sure it fits well with your family situation.
If you have children, it’s important that they know correct behaviors if there is a dog in the household or if they encounter one in the neighborhood. A great booklet with great discussion topics for you and your family can be found at the American Veterinary Medical Association, http://www.avma.org/animal_health/brochures/dog_bite/dog_bite_brochure.asp.

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Street racing has been a part of America’s pop culture for decades. Movies like “Grease”, “Rebel without a Cause” and “The Fast and the Furious” have become legends. But would they have been as entertaining if passengers were ejected from the cars, if they hit innocent pedestrian or the car exploded upon impact? A new Liberty Mutual/ SADD (Students against Destructive Decisions) study just came out with some shocking statistics regarding illegal street racing. Between 2001 and 2006, 804 fatalities were reported by the National Highway Traffic Safety Administration, NHTSA.

Southern California has a serious problem with illegal street racing and now is passing tougher penalties for violations. If convicted for street racing, you automatically will face prison time up to 6 months and a $1000 fine. If someone is injured, you could face several years in prison for manslaughter.

A recent high profile case here in Orange County involved a young man, Ahmed Dakhil, who was street racing in Fountain Valley. His vehicle hit another car, killing a young 10 year old girl and causing serious injuries to the rest of the cars’ occupants. He was later sentenced to six years in prison for vehicular manslaughter. Dakhil had four prior speeding citations.
Another recent incident involved two brothers from Anaheim travelling down Santa Ana Canyon road. They were travelling through one of Orange County’s pretty, but windy country roads at over 90mph. The driver, Justin Simpkins died at the scene when his car veered off the road and hit a telephone pole. His brother was “luckier”. He flew out of the vehicle and had serious injuries but was expected to live.

Both of the above cases involved young men with bright futures. Would anything have stopped them from racing? In fact the above SADD study concluded that in most cases, a driver would have slowed down if the passengers would have only spoken up. Fifty percent of passengers do speak up but that leaves 50% that do not. Teen friends have more influence than they think and it’s important to not “go along with the crowd”. Most racers, 73% admitted that they knew the behavior was dangerous but because of peer pressure, continued on. In this study, teens said they would stop racing, speeding, texting and talk on their cell phones, only they were never asked to do so. Young adults need to have some accountability for their actions, but their friends need to speak up as well.

A few other tactics are working well to reduce illegal street racing and serious injuries. One is RaceLegal, which runs programs here in California and throughout the country, facilitates programs to allow street racers to get their adrenaline rush safely through government grants to communities. These communities are actually allowing “legal racing” in stadiums for a small fee. Other cities such as Ontario, California will actually crush impounded cars that are caught involved in illegal street racing. These strategies seem to be working in their respective communities as a deterrent.

If you have been injured due to the negligence of a speeding driver, or in fact any type of car accident, you probably have a lot of questions. Allen, Flatt, Ballidis and Leslie offer a free consultation and will answer your questions thoroughly and with professional expertise. Their group of personal injury attorneys has years of experience to save you time and frustration. Call us at 1 888 752-7474 for a consultation. We have represented clients in some of the most horrific accidents caused by street racing in Orange County California.

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Frequently while driving along any Orange County freeway you might see accident victims off to the side of the road or hear emergency vehicles on their way. Relieved? Although instinctively most of us would like to help our neighbor or person in need, sometimes we feel inadequate to render aid or just don’t want to get involved for fear of being sued or worse, get injured ourselves.

However, if we were the ones injured on the side of the road, of course we would be hoping someone would stop to lend us a hand. Fortunately, there are wonderful people here in California and elsewhere called “Good Samaritans”. They literally stop whatever they are doing and help with no thought to their own safety.

Just recently this year, a Fountain Valley man was traveling on a Southern California freeway and noticed a collision blocking lanes up ahead. He pulled to the side of the road to help. He was walking safely along the shoulder of the highway, but tragically, a car coming at a high rate of speed did not see the accident and then swerved to the shoulder and hit the man. He suffered major personal injury and was declared dead at the scene.

The California Good Samaritan Law is generally meant to protect lay people who help at any emergency scene. This could be a crime or any injury accident. As long as you help with no expectation of payment or reward, you will be immune from liability if you assist to the best of your ability. However, a recent ruling in March 2007 by the California Court of Appeal will change the Good Samaritan law regarding the expectation of “medical care” to the accident victim.

The case involved a woman, Alexandra Van Horn, who was a passenger in a car who ran into a light pole at 45 mph. A passenger in the car following her stopped at the accident scene to render assistance. She lifted her out of the wrecked automobile and as a result, Ms. Horn became a paraplegic. Even though court testimony was debated as to whether the accident or the lifting could have caused the paraplegia, the court ruled that the Good Samaritan liability shield did not protect her.

So what’s a Good Samaritan to do? Here are a couple rules of thumb to keep in mind.
The Good Samaritan law does not give you the license to act like a doctor. If you chose to stop and help, you should only help out in a way that reflects your prior training. If you’ve had first aid training and are CPR certified, great! Then you can help out in this way. If not, there are other things you can do at an accident scene to help. For example, talk to the people involved until help arrives, call 9-1-1, supply blankets for warmth to prevent shock, etc. The best way you can be a Good Samaritan is to offer assistance within your expertise experience.

If you have been involved in an automobile accident and don’t know where to turn, contact an experienced law firm such as Allen, Flatt, Ballidis and Leslie. Their professional team of law professionals will assist you through every step of this process and answer all of your questions.

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This week off the waters of Southern California, two bodies and a crushed boat were pulled from the Pacific Ocean. The man was identified as Henry Sanchez, the brother of two congresswomen from Orange County, and his girlfriend, Penny Avila. Although the investigation has just begun as to the cause of this horrific boating accident, questions are being raised as to the fault and negligence. Did the tug have the proper light sequence indicating that he was towing a barge, had the driver gone through boating safety classes to know what the lights meant?

In Californian there are close to one million boats of all types registered here in the golden state. Here in Orange County, we are blessed with year-round good facilities such as Newport Beach and Dana Point harbors. Tragically, California also has the highest vessel accident rate, usually involving serious personal injury. Although fatalities are down from last year, our injury rate and property damages have increased. There are a number of explanations as to why people get into boating accidents; excessive speed, inattention, reckless operation, and alcohol. Would mandatory safety classes really make boat owners safer? The state’s legislative arm is undecided.

There is currently much debate in the state capital to whether safety boating classes for all vessel owners would reduce accidents. Two years ago, Assemblyman Michael Duvall, R-Brea introduced new legislation, AB 1458, which has continuously stalled in Sacramento. The bill would require operators of motorized vessels to pass an examination and obtain a life-time certificate before they operate a vehicle. Currently there are safety courses available but they are taken on a voluntary basis. One factor in the legislation that doesn’t make sense is that they would not require people who rent boats to have such a certificate. These people are typically the least trained operators.

There are currently 33 other states that have mandatory class and/or licensing regulations and it has decreased injury and accident statistics significantly. In California, 86% of last years’ fatalities occurred on boat owners that had not taken any safety course. Although many people think that driving boat is similar to a car, it is not. They are many different lights, signs, rules of the waterway to learn. Over 40% of serious incidences with boats involve collisions with other boats. The one major factor that will save lives in boating accidents is the life jacket or personal flotation device (pfd). Two-thirds of all boating accident victims drowned and 90% of them did not wear life jackets. A good rule of thumb is to have a safety jacket for each person aboard your boat. As the owner of a boat, as is similar to owning a car, you are responsible for the well-being of your passengers.

If you have been injured in a boating accident, please don’t hesitate to call a professional personal injury attorney immediately. Let the experts handle the corporate battle while you recover from your injuries. Unless you have previous experience in these matters, you may lose out on your rights and compensation.

The California Department of Boating and Waterways publishes an excellent brochure entitled, “ABC’s of the California Boating law”. It is freely available from the website www.dbw.ca.gov/pubs/abc/. In addition, they offer a free home study course called, California Boating Safety. Call 916-263-1331 for more information.
There are also many free courses on boating safety offered by the local boating squadron near you. Call 1-888-FOR-USPS for more information.

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Orange County has some of the most beautiful country roads in the United States. The qualities that make a country road special; two lanes, winding roads, beautiful vistas and rural nature add to the nostalgic feeling of a Sunday drive. However, most of these roads are not maintained properly and they have a high rate of serious personal injury. Although rural roads carry only 28% of the countries cars, they are accountable for more than half of all fatal accidents.

Ortega Highway, California’s SR74, has been called one of the deadliest roads in Orange County, if not the country. The road connects the cities of Lake Elsinore and San Juan Capistrano via 30 miles of a narrow, winding road through the Santa Ana Mountains. Yes, it is scenic, but due to several years of faulty maintenance by the state of California, it has had over 16 fatalities last year and several serious personal injury accidents.

These types of accidents are often challenging due to the complexity of the case and the parties involved .The attorneys at Allen, Flatt, Ballidis and Leslie have handled cases along this specific roadway and are familiar with the issues involved. If you have been injured or know someone who has had an accident along Ortega Highway, or any highway, please contact an experienced personal injury attorney immediately. They can handle the process of dealing with the negligent agencies while you work on recovering from your injuries.

Another dangerous road is located in the canyon areas in Southern Orange County called Live Oak Road. This road links Lake Forest to Trabuco Canyon, winding through overhanging oak trees and beautiful canyon landscapes. Unfortunately for Lake Forest resident Marc Daneo, this motorcyclist died last Sunday when he lost control of his Harley motorcycle. The area where he died was just south of Shelter Canyon Road, an area that is lined with makeshift memorial crosses and helmets. Unfortunately, he is not the only fatality in this area and although the CHP does monitor the speed limit in the area, it is obvious that many people are seriously hurt or killed on this road each year.

Three other dangerous roads here in Southern California are worth mentioning as well. California state road 138, also known as Pearblossom Highway in the Antelope Valley; the famous Route 66 in the Inland Empire and Interstate 5 between Barstow and the Nevada state line. All of the roads make the infamous list, “most dangerous roads in California” based on a MSNBC dateline special on dangerous roads in America.

As motorists, we do have a duty to remain alert and maneuver our vehicles correctly, but on the other hand, state agencies do have a duty as well to keep our roadways safe and prevent injuries. Most roadside fatalities and serious personal injuries are preventable. Examples such as proper road signage, warning of upcoming dangers, properly maintained shoulders, guard rails, pothole maintenance and proper banking angles on curves are just a few factors that, left undone, can make a general road into a dangerous road.

If you see a something on a roadway that appears to be dangerous, take a picture and send it to local authorities who are responsible for the transportation upkeep in your area. Let’s keep the pressure on those responsible so we can all enjoy a nice drive on our beautiful country roads here in Orange County.

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If you’re a parent of a teen, you know how difficult it is to get your child’s attention. However, California teens are now paying attention and are all worried now that lawmakers around the country are suggesting that the driving age be raised to 17 years old. From their perspective, their independence, rite of passage and freedom from the parents will be taken away from them. Basically they hate the idea!

This all began when the Insurance Institute for Highway Safety came out this month with a new report to save lives. Sounds like everyone can agree so far. The theory is that if they wait to give teens one extra year to mature, that it will bring down the high fatality statistics and injuries teen drivers have. However, some opponents argue that it is inexperience, not immaturity that causes teens to have such a high rate of personal injury crashes.

According to the Automobile Club of Southern California, the proposed regulation would work very similar to the current laws but with a few changes. Currently, teens in California can get a permit to drive at age 15 ½ and then get a full driver’s license at 16. With the new rules, you could still get a license at 16, but it would be provisional and it would only be a full license when the driver becomes 18. The details are still being worked out.

Across the country, age varies for driver’s licenses from state to state. For example, you can drive at 14 ½ in South Dakota but only at age 17 in New Jersey. States everywhere, including California, are trying to find a standard for all teens across the country. However, there are obvious difference between states, rural and urban setting, and other factors. Not all states are the same and either are kids. Nevertheless, since New Jersey rose its licensure age, it has had a 66% decrease in serious personal injuries among youth drivers.

Each year more than 5,000 teens die in automobile accidents and it is the leading cause of death for teens. Tens of thousands more have serious personal injuries. In fact a 16 year old driver has crash rates 10 times that of a 30-59 year old driver. Is it immaturity? Inexperience? A little of both? Statistics show that teens have higher rates of crashes due to factors such as alcohol, drugs and distractions such a texting and passengers.

In addition to teen crashes, this age group also has the highest rate of violations—a definite precursor to accidents-- in some cases. Speeding and avoiding signals are two of the most risky behaviors teens do with the exception of DUI’s. Teens are naturally overconfident when they get their first license and therefore take excessive risks that lead to violations and /or crashes. In addition to the above risky behaviors, many teens do not wear their seat belt. This is a cause of many fatalities when unbuckled kids are thrown from the crashed vehicle.
So far, only a few states like Florida, Georgia and Delaware have proposed legislation to raise the teen driving age to 17. Bills in Massachusetts and Illinois tried to raise the driving age to 18 but they have all failed. What will happen in California? No one really knows. One thing is for sure, we will be sharing the roads with teen drivers, so it’s important to stay alert and drive defensively.

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Are you really getting what you paid for. We all hear about the need to drink more water, and drink clear, clean water. That advice spurred small water bottle companies into huge corporations. But are you really getting clean water. Not necessarily. In a recent release of findings, Washington-based Environmental Working Group, an organization founded by scientists that advocates stricter regulation noted that at least two companies sold water that had high levels of chlorine and other contaminants. The price of bottled water should reflect efforts to clean the water first. Some providers simply bottle no better water than out of your tap. I suggest you research your bottle company and stay with one brand, if you feel that you need to have clean water. Otherwise, you are just getting ripped off by corporate greed.

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September is Baby Safety Month and it comes as we read and hear about defective baby items almost every day in the news. In fact there are on average 5 baby products recalled every month. That’s a lot of worrying for any new family, but thankfully we have the U. S. Consumer Product Safety Commission, CPSC, to watch out for us. Damages from unsafe consumer products cost the U.S. more than $700 billion per year. But over the last 30 years there has been a 30% drop in death and injury, thanks to smarter consumers.
If you’re a new parent, here are two new warnings out this week that you should be concerned with.

The first one is the recall of infant formula imported from China. This recall specifically is targeted to the Chinese American communities within California, but it could also end up in any store. The Orange County community of Irvine has one of the fastest growing Chinese populations in California and so has many shops containing Chinese -made products. The Federal Drug administration, FDA, is worried that some formula may have brought in illegally and potentially be in ethnic markets. It is illegal to import Chinese manufactured baby formula, but it does end up here. The name of the product is Sanlu.

So far there have been no reported illnesses in the U.S. but in China, three infants have died and 6000+ children have been sickened with kidney stones, flu-like symptoms and kidney failure. It has been discovered that the formula has been tainted with melamine, which is a nitrogen-based compound used in commercial plastics and industrial products. You may recall the large recall of pet food last year had the same ingredient. The Chinese government is now sending inspectors out to the milk suppliers of Sanlu Group. Evidence is mounting that the suppliers were adding the melamine to the milk to artificially give the milk higher protein content. Sanlu knew about the tainting as early as May when the first baby died, but kept quiet to avoid bad press during the Olympic games.

The second warning is a major recall of baby cribs and bassinets. This is the third major recall of children’s sleep furniture from Simplicity. A year ago Simplicity recalled over 1 million cribs after the deaths of two children. Some of these cribs were sold under the brand name of Graco. Just last month, 900,000 bassinets under the brands Simplicity, Disney and Graco were recalled. This month, 600,000 drop-side cribs can come off its tracks and suffocate a child. The cribs were made between January 2005 to August 2008 and were sold at Target, Wal-Mart and Babies-r-us. For more information on model numbers of the cribs, please visit the CPSC website at www.cpsc.gov for more information on this and other defective baby products.

Just to complicate the issue a little more, Simplicity has gone bankrupt and sold its assets to a new buyer. That buyer has now stated that they are not liable for recalling any products. Sound confusing? If your infant has been injured from this type of product or any other device, you don't hesitate to consult an attorney to answer all your questions.

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After California’s worst accident in metrolink history, the trains are back open and rolling. The crash has left many living here in Southern California wondering just how safe our commuter trains are. Even though the actual cause of the accident is under investigation, it could take up to one year until the National Transportation Safety Board, NTSB has concluded its inquiry. But as scattered facts are coming to light, shock has changed to anger when we slowly piece together the puzzle on what actually happened on the train that killed 25 commuters and injured over 135 other passengers.

So far the investigators have ruled out mechanical, track and train problems. The main focus is on the engineer, Robert Sanchez. According to the data that was recovered from the data recorder, no brake pressure had been applied and he was speeding. In addition, Metrolink officials confirmed that all signal lights were operating correctly and that he ran two red lights that warned of the approaching freight train. Other factors that could have influenced human error are that he typically worked a split shift (6am-9pm with a 3 ½ hour break), and was possibly texting at the time of the crash.

California senator Dianne Feinstein quickly introduced legislation this week that would require all trains to install new technology called “positive train control”. This new monitoring system would track all trains’ locations and stop them via an override system, if the engineer does not physically stop. This would prevent deadly train crashes and save hundreds of passengers from personal injury from wrecks.

The head of Metrolink last year addressed congress and complained that these new technologies would involve substantial costs and urged them to allow flexibility in implementing the new systems. They had just spent 177 million on newer, safe passenger cars. In every crash, the first car is normally more damaged than the others, and of course this is where most of the fatalities results. Unfortunately these new cars are not to be delivered until December 2008. The cars will hopefully prevent derailments and passengers from being crushed. Of course every industry does have to weigh the risks to upgrading old technology but in this case, the costs are enormous—literally.

Lawsuits already have begun being filed in California courts. The cap of $200 million, imposed by congress 11 years ago for liability on any one railway accident, will be tested because of the sheer volume of severe personal injuries and fatalities. Attorneys argue that more litigation actually provides more information for the community at large and this can bring about regulatory changes.

If you were injured in this recent train accident or any accident where you experienced any personal injury, you probably have a lot of questions. Contact a professional firm such as Allen, Flatt, Ballidis and Leslie for answers to your questions as well as assistance through this ordeal.

Metrolink passengers took over 10.5 million trips last year in Southern California. It still is safer than driving the freeways for commuters. With the recent high prices of gas and severe traffic congestion in Orange County, ridership was up 8% and there is more expansion planned for stops in Fullerton, Orange, Tustin, Irvine and Laguna Niguel.

Stay safe and enjoy each day.

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The nights are getting cooler, leaves are beginning to change and the kids are nowhere in sight. Yes, summer is over and children are back in school. But for most kids here in Orange County, they will either be passengers in cars or walking to school, instead of taking the bus, due to California’s state budget cuts. 70% less school bus routes will be available for families living within Laguna Niguel and Mission Viejo this school year. Transporting children to and from school creates more traffic in and around schools and leaves children vulnerable to personal injury.

When driving a vehicle, your children have ten times greater risk of injury then if they were in a school bus. While walking them to school, your injury risk is about double. School bus transportation is generally safe but it does have inherent safety risks as well. Nationwide school bus-related accidents send over 17,000 children to emergency rooms each year. Over 1500 fatalities have occurred over the last two decades.

One quarter of school bus accidents occur while the children are boarding or leaving the bus area. Another 50% of injuries are directly related to crashes while traveling on the bus and the other 25% are generally slips and falls, getting jostled when buses stop or turn suddenly, and from roughhousing.

Earlier this year in Chino, California we had a serious school bus accident, but fortunately for the occupants on the bus, they all had some type of restraining device thanks to our new seatbelt law and fortunately most of the injuries were minor. California is one of only 6 states that have mandated seat belts in all new school buses and this has reduced the risk of serious injury tremendously.

Although the approximate $4,000 cost of safety belts installed in new school buses are generally thought to be a good idea, many smaller districts can’t justify the extra costs. Some districts are now faced with liability issues of kids misbehaving on buses. Distraction among bus drivers is the leading cause of accidents. This is another strong argument for seat belt use in school buses. Keeping kids immobile will provide a safer environment for everyone involved.
If one of your children or if you know a child that has been injured in a school bus-related accident, don’t hesitate to call an experienced personal injury attorney. They are ready to assist you through the process of dealing with insurance companies, specialty doctors and other agencies.

Lastly, if your child does ride on a school bus, he or she should be aware of the area called the “danger zone”. This is the area in front of the bus where the driver has a blind spot and sadly over 2/3 of children’s fatalities are caused by their own bus running them over. Many new buses have wider windows for better viewing and door arms to help protect the kids.

Let's keep our children out of the danger zone if we can.

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Lake Forest California is a great community that I call home, and as a personal injury attorney I can tell you that it is a safe community. However, if you are texting while driving, you are endangering me, my darling daughter, family and all others in our community.

Last year over 360 million text messages were sent in the United States and over 57% of those were from adults, not teenagers. It is a dangerous trend that is not associated with teens anymore. More adults are learning this new hip language and are learning to multitask more efficiently than ever. Busy lives are the norm for many of us who live in Orange County and as you might imagine, rates of motor vehicle accidents with personal injury are also on the rise due to many distractions.

California senator Joe Simitian introduced SB-28 last year, a bill that would make it illegal for adults to send text messages while driving. It is already illegal for anyone under 18 years old to text. The bill is now one of many sitting on Governor Schwarzenegger’s desk awaiting signature. But with California’s current budget crisis, it is doubtful any bill will be signed without a new budget.

With or without a new law, do we really need the threat of a $20 fine because we were texting? Some legislators argued that we are limiting the personal freedoms of drivers and they fear further fines for things such as eating and kids in the car. It is clear that you can’t legislate common sense, but it is apparent that the less distraction you have in your car, the less likely it is that you will experience an auto accident. Nearly 80% of all collisions involve some sort of distraction within 3 seconds of the crash and fortunately, many of these issues can be avoided with some advanced planning.

A study by the Insurance Institute for Highway Safety recently concluded that drivers using cell phones were four times as likely to get into a crash that can cause personal injuries, serious enough to send them to a hospital emergency room. These findings were for phone use only, not even for texting. Looking down and reading your electronic devices and sending text messages can only increase your risks. Already cell phones are blamed for over 300,000 collisions per year and 2,600 fatalities.

One tragic fatality was a young girl from Southern California driving home this month in Redlands. Officers reported that the girl had just sent a text message before her car lost control and hit the meridian. Other factors were involved but texting was cited as one of the causes. Other cases around the country are equally terrifying when you read that kids are texting their parents as they lay dying in a car wreck. One of the biggest influences on how teens drive is by modeling their parents. So if you want your kids not to speed, where their seatbelt, talk on their cell phones or text, try to model good driving patterns.

Whether SB-28 becomes law or not, fyi drive safe and ttyl.

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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.

Los Angeles is a major metropolitan center that now has the honor of “worst congestion in the US”, according to the American Automobile Association. Unfortunately it is also the 4th highest city for road rage incidences. Number 5 is Burbank, California, so Californians have a lot of issues to deal with. Do you think there is any connection there?

California alone has around 45,000 automobile accidents per year and of those accidents, 35,000 result in some type of personal injury to the occupants of the car. The 5th leading cause of auto-related fatalities, right behind speeding, alcohol, drowsiness and distraction is aggressive driving. It is a major problem within our state and is only increasing over time.
Only yesterday the Los Angeles Times reported that a man was shot on the 110 freeway as the result of a road rage incident. These reports have become so frequent that sometimes we are not fazed anymore. But what drives a person to react this way? A recent study asked drivers what makes them drive more aggressively and/or gets them angry and the main reasons were : getting cut off by another driver, drivers not allowed to merge in on a freeway, close tailgating, driving too slow in the left lane and finally, obscene gestures targeted towards them. After a busy day, yes you certainly don’t want to deal with this, but it’s important to contain your composure and not react back.

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.

This issue does not affect just cars against cars either. More cases of cars vs. pedestrian and bicyclists are becoming more common as well. Just last week a doctor pleaded not guilty in a road rage case where he yelled at two cyclists before cutting them off and then hit his brakes hard. One of the riders slammed into the rear window of the car and is now recovering. The driver is being charged with reckless driving, battery with serious bodily injury and special allegations of causing great bodily injury. Don’t let your anger get the best of you because these charges are quite serious and are just not worth losing your freedom over.

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According to the National Safety Council (NSC), the major cause of accidental deaths and personal injuries in America are slip and fall accidents. Over 8 million people last year were treated for fall related injuries and over 20,000 people died from their injuries due to falls. Although many people perceive this to be a problem for the elderly or very young, it is increasingly becoming a problem for middle-aged adults and everyone in between.

In Orange County alone, it is the number one cause of unintentional personal injury to residents and the fourth leading cause of death. These types of accidents can range from embarrassing moments that you hope no one has seen to severe brain trauma or spinal cord damage.
One tragic example is a San Juan Capistrano resident and attorney, Serge Kohan. He was walking outside an Orange County courthouse when he slipped and fell. The cause of the fall is still unknown but it left him with serious injuries, including severe brain trauma and he is currently staying in a long-term care facility.

Another high profile slip and fall case is by Robert Bork, the one-time U.S. Supreme Court nominee. He was walking on stage to speak at an event when he was attempting to climb the dais, striking his leg and then hit his head on a heat register. His injury required surgery and several months of physical therapy.

Although these two above seem to be extreme cases, the average slip and fall case involves either a knee or ankle injury, according to Jury Verdict Research’s recent survey. They usually break down these types of cases between indoor and outdoor accidents.

Typical indoor slip and fall accidents are characteristically dangerous situations involving stairs, floors and escalators. Materials can get warn, liquids can spill; no handrail or many other issues can cause hazardous conditions. Property owners need to keep their property in good repair but consumers need to be cautious as well.

Outdoor slip and fall mishaps tend to include areas such as sidewalks, parking lots, inadequate lighting and icy conditions. It is the municipality or business owner’s responsibility to keep walkways, curbs and sidewalks free of defects to keep pedestrians safe. In addition, adequate lighting situations are important when parking lots have uneven surfaces or cracks.

Slip and fall accident usually fall under the area of law called premises liability. Most of these types of injuries have relatively short statute of limitations and involve other issues that only a professional personal injury attorney can evaluate. Only an experienced personal injury attorney can answer the full range of questions you might have so it is important to contact one as soon as practical.

Lastly, if you are injured in an accident such as a fall, try to gather any pictures of the accident scene, witnesses and write down what you remember as soon as you’re able. As time passes, memories fade and evidence changes. This will help your attorney piece together the information for a possible case.

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Another accident happened this week on an already busy Orange County freeway. An SUV has rolled over and injured its passengers. Unfortunately this type of accident happens across the country every day, injuring over 280,000 people each year. Over 24,000 have serious personal injury and tragically these accidents kill over 10,000 occupants annually. The accidents are usually twofold; first the rollover occurs and then the roof area crushes in and seriously injures the occupants.

American auto makers continue to deny that roof crush, usually in conjunction with a rollover, causes injuries, but their internal document say just the opposite. In fact the automobile industry has known that these types of accidents can produce serious personal injuries for over 39 years and only recently are gradually changing their designs, thanks to stronger government standards for rollover safety and litigation pressure.

Currently, 40% of SUV’s and light trucks on the road today have a fairly new technology called electronic stability control. Presently it is only an option, but in model year 2009, many automakers plan to make it a standard feature. The government’s crash tests have been so positive that they are mandating that all vehicles have this technology installed by 2012.
Why are these vehicles so prone to rollover accidents? Specifically, mini-vans, SUV’s and trucks are predisposed by the connection between the center of gravity and the track width (the distance between the left and right wheel). A narrow track and high center of gravity can make a vehicle unstable while performing fast turns or sharp turns.

New government proposed legislation will require all trucks and SUV’s to have stronger roofs and for the manufacturers to pass more rigorous tests. In particular, a roof would have to withstand 2.5 times the vehicle weight without bending. This would prevent any occupant from contact with the roof and therefore reducing serious head trauma. In addition, seat belts will also change to better hold the passengers in place in case a rollover occurs. Lastly and the most controversial of proposed legislation is the setting of lawsuit limits against automakers. This means that some crush roof accidents would be dismissed without trial because of this type of federal law. Something tells me that this one will not pass anytime soon.

If you or someone you know has been injured in a rollover accident, don’t hesitate to contact a personal injury attorney as soon as practical.

If you own an SUV, light truck or mini-van, there are a few things you can do to limit your risk or a rollover.
· Be aware that your vehicle has a high center of gravity and is more top-heavy than other cars. Don’t take turns at high rate speed and avoid sudden corrective action.
· Always use a seatbelt. Large numbers of SUV fatalities are drivers and passenger being ejected from the vehicle during a rollover.
· Obey traffic laws and avoid alcohol while driving. A large demographic of rollover accidents involve young men between the ages of 18-25 and alcohol consumption.

If you choose to purchase a new car in the future, check out the new crash test and rollover ratings at www.safercar.gov/ .Their rating scale will assist you in your new car purchase.
Safe driving!

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With the high cost of gas these days, you may be tempted to carpool to work in costa mesa in a vanpool. Morning commutes on California freeways are filled with this cost-saving option, but it is important to note that when these 15 passenger type of vans are not driven properly, there is a greater chance of serious personal injury especially on the freeways surrounding and in Costa Mesa. In a fully loaded 15 passenger van, you have a 70% chance of a rollover!

New research from the National Highway Traffic Safety Administration, NHTSA, has found that during the months of June through August to be the deadliest time of the year for 15-passenger vans. These vans are typically used by church youth groups, senior homes, YMCA’s and hotels. Since their use is so widespread, the NHTSA has issued new safety warnings during the busy summer travel season.

These vans are quite popular for several reasons; one important factor is that the driver doesn’t need a commercial license. Although it is still illegal to transport elementary and high school students, most community organizations find the van size convenient and more fuel-efficient than regular school buses.

Fifteen-passenger vans are more likely to be involved in a single-vehicle rollover crash than any other type of vehicle. The good news is that consumer alerts and educational efforts are apparently working to help reduce fatalities in these types of rollover crashes. The proof is in the numbers: The percent of 15-passenger van occupant fatalities that occur as a result of rollover crashes is down from a high of 81% in 2000 to 45% in 2006.

Although by far the main cause of rollovers is a fully loaded van, factors such as improperly inflated tires, poor tire condition, and inexperienced van drivers also contribute to the instability of this type of van.

The following precautions are recommended if you drive a van or if you ride in one on a regular basis:
· Keep your passenger load light. NHTSA research has shown that 15-passenger vans have a rollover risk that increases dramatically as the number of occupants increases from fewer than five to more than ten. In fact, 15-passenger vans (with 10 or more occupants) had a rollover rate in single vehicle crashes that is nearly three times the rate of those that were lightly loaded.

· Check your van’s tire pressure frequently — at least once a week. A just-released NHTSA study found that 74 percent of all 15-passenger vans had improperly inflated tires. By contrast, 39 percent of passenger cars had improperly inflated tires. Improperly inflated tires can change handling characteristics, increasing the prospect of a rollover crash in 15-passenger vans.

· Require all occupants to use their seat belts or the appropriate child restraint. Nearly 80% of those who have died nationwide in 15-passenger vans were not buckled up. Wearing seat belts dramatically increases the chances of survival during a rollover crash

· If at all possible, seat passengers & place cargo forward of the rear axle — and avoid placing any loads on the roof. By following these guidelines, you’ll lower the vehicle’s center of gravity and lower the chance of a rollover crash.

· Be mindful of speed and road conditions. The analysis of 15-passenger van crashes also shows that the risk of rollover increases significantly at speeds over 50 miles per hour and on curved roads.

If you have been injured in a 15 passenger van or in fact, any type of personal injury, don’t hesitate to contact a professional personal injury attorney as soon as it is practical. Contact Us anytime (949) 752-7474

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Recreational Vehicles or RV’s are a popular way for families to enjoy a summer vacation. The RV market is a 15.75 billion a year industry with both sales and lease agreements combined. However, if you own or lease one of these larger vehicles, check which tires has been installed because with the increase of RV’s popularity has also come an increase in accidents and major personal injury due to uneven loading, faulty tires and rollovers. The main problem is tire blowouts, specifically involving Goodyear and Toyo Tires.

The Goodyear 159 or G159 is actually a heavy truck tire made by Goodyear specifically for recreational vehicles. Manufacturers such as Fleetwood and Monaco used this tire with an exclusive agreement with Goodyear. They were assured that this tire was suitable for the large Class A type vehicle. Unfortunately, this tire could not sustain the high loads placed on it by shifting weights of a large vehicle.

The initial recall was back in 1999 after several accidents, but unfortunately, these tires are still on the road today. The main problem with these tires is that RV’s have a lot of weight with fold-out patios, TV’s and other heavy items. They are also typically used for an extended period of time and so a combination of overuse and heat can lead to tire tread failure and belt separation. These all seems to be a clear case of a defective product but the manufacturer, Goodyear is not conducting a further recall.

A recent report was published earlier this year by Sean Kane of Safety Research and Strategies. In the article, Kane stated that Goodyear had destroyed significant testimony that was taken in one of the earlier depositions that was for a lawsuit that was settled out of court. In the deposition, the Goodyear official reportedly admitted under oath that Goodyear knew that the Goodyear 159 tire was not suitable for RV use and was inadequate for use on class A motor homes. Moreover, not only did Goodyear know about these problems but the RV manufacturers such as Fleetwood and Monaco knew about this as well.

If you have experienced a tire blowout or an accident driving or riding in an RV, don’t hesitate to contact a professional personal attorney firm such as Allen, Flatt, Ballidis and Leslie. We are among the highest rated attorneys in Orange County and throughout California.
If you own or are just renting an RV this summer, having a good tire inspection is one of the best safety tips you perform for your family’s well being. Others driving tips include:
· Check for tire recalls at www.safecar.gov/
· Maintain proper air tire pressure and tread depth
· Watch your weight distribution; secure heavy items and place heavier items close to the ground and maintain a low center of gravity.
· Take an education driving course before heading out in your new vehicle. RV’s are much larger than vans or SUV’s and have multiple blind spots. Remember that it will take extra time to stop so watch your speeds as well.

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Summer is time for family vacations and the traditional road trips. However, next to the fall/winter holidays, it is the most accident-prone time of the year. Factors involved are numerous; fatigue, road unfamiliarity, construction, and (of course) kid distractions!

Unfortunately for a family of 5 from California, their summer vacation ended in tragedy. They were traveling from their home in Southern California and somewhere in Utah their SUV went out of control. Highway patrol suspect that the wife of the couple fell asleep at the wheel. Tragically, both parents died instantly and the three children are in critical condition. What makes this story more tragic is that this could have probably been prevented with some advanced planning and a good night’s rest.

According to a recent National Highway Traffic Safety Administration report, most crashes occur during late night and early morning hours. Over 56,000 motor vehicle crashes are due to drowsiness and fatigue alone. It is understandable that to avoid heavy congestion, people like to drive early or late, but if you are tired, don’t risk it. Getting a good night’s rest before a trip will keep you in a better frame of mind, give you more patience with the kids saying, “are we there yet?”, and of course, help you arrive at your destination safely.

Besides a good night’s rest, vehicle maintenance is one of best things you can do to reduce the risk of serious personal injury. Our summer breaks are far too short and sometimes we try to pack too much into our one week vacation!

Before your summer road trip, here are a few maintenance items to check before hitting the road:
1. Check your tire pressure. Tires without enough air pressure can build up heat and can lead to tread separation and blowouts. A good rule of thumb is while you are changing your oil every 5,000 miles, rotate your tires and check the pressure at the same time.
2. Hot weather is brutal for your car battery. Have it check, add water, if appropriate and check the cables.
3. After failed batteries, broken belts and hoses are reported to be the second most cause for breakdowns. Do a visual inspection for any cracks or tears in the rubber or make sure you have a complete vehicle inspection before your trip.
4. Brakes are crucial for your family’s safety. Summer trips can generally load down your car and put extra loads on your vehicle, especially if you are towing items. Have them checked and make sure they work properly.

Other summer hazards include construction zones and unpredictable weather. Be alert for upcoming construction zones and slow down. In addition, here in California we have summer fires that can cause reduced visibility in some areas. Flash floods and sudden downpours from thunderstorms can also cause slippery roads, limited visibility and hydroplaning.
Lastly, if you’re on an extended trip into an area that does not have facilities nearby, a good emergency kit is vital. Duct tape (for repairing hoses), first aid kit, flashlight, blankets, water, flares, jumper cables, and small amounts of food are all needed in case of an accident or breakdown when you’re out of cell phone range!

For more summertime driving tips to stay safe, visit www.safecommunities.org/ and for road closures and construction zones here in California, visit www.dot.ca.gov/ for the latest traffic problems.
If you are involved in any type of personal injury accident, don’t hesitate to call an experienced attorney to assist you through the process.

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Experiencing a serious personal injury is often unexpected and quite traumatic. And if that injury involves loss of part of a limb, it can cause disfigurement and partial disability. Wouldn’t it be nice if we could grow “new limbs” like salamanders and starfish can? Well, as a matter a fact, scientists and doctors have jointly created a powder that when rubbed on the injured part of the hand, actually grows a new finger. Sounds unbelievable? Even the doctors are amazed!
In May of this year a young army sergeant named Shiloh Harris underwent a history making surgery in Texas. The young wounded veteran lost his finger due to bomb attack in Iraq. The doctors applied a specially-formulated powder to what was left of his finger and the results are very encouraging and his finger is slowly growing back.

The powder is actually taken from the adult stem cells within the pig’s bladder. The powder is then classified as an extra cellular matrix and attracts our normal cells and therefore encourages new cell growth-just like a salamander.

All bodies have stem cells and in our mother’s womb, it was our stem cells that grew our fingers, toes, organs, etc. The stem cell growth ended at the time we were born but they don’t go away or die. Researchers believe that in some way, this new “pig dust” or “pixie dust” as it is nicknamed, can put our cells back to work.

Another one of the first test cases was a man that had cut off a part of finger on a propeller blade. Within just four weeks he was not only able to grow back some skin, but he also grew blood vessels and a nail on his finger. This is truly amazing medical science at work.
This new technique is part of a major study in the science of “regenerative medicine” The alliance that funds this project is called the Armed Forces Institute of Regenerative Medicine, or AFIRM. It consists of over 250 doctors and researcher at over 30 universities and hospitals, including the National Institutes of Health, Veteran Administration and several military services. This first research phase is called “put people back together” and is aimed at helping our returning injured vets.

As with many breakthroughs that come forth from military research, one day if all goes well we will have this technology available to us in the private sector. As with all science, it takes funding and stem cell research is a hot button issue with this administration.

Scientists have been able to grow bladders, blood vessels, livers, and rat hearts. It is only a matter of time states AFIRM, that they will be able to reconstruct muscles, skin, tendons, ears and noses. They envision the day that they will be able to replace injured organs and limbs right there on the battlefield. In the meantime, the alliance is attracting private sources of money in case of political roadblocks. In addition there are still long-term questions left unanswered, but the medical community is surprised and encouraged by the recent events.

Perhaps in the future it will be routine to regrow body parts in the emergency room, but until then, stay focused and keep safe while driving and enjoying your freedom.

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On July 3, 2008 two people were killed on Ortega Highway in Orange County California. The driver drifted to the right of this narrow two lane roadway and unfortunately became the second and third victims to poor maintenance by the State.

Ortega Highway links the communities of Orange County and Lake Elsinore. Ortega Highway is quite narrow and winding. The curves and roadway are just above the minimum of width for a normal vehicle. Trucks, cars, and motorcycles frequent the road daily.

On December 17, 2007, our client was traveling on Ortega Highway just past La Pata when his car's right front tire drifted off of the road surface on a turn. The shoulder, maintained (or not maintained properly) by the State, had a significant drop off of more than 9 inches. Shoulders are to be maintained by the State and maintenance is simple, place dirt or gravel along the surface edges so that the road way and shoulder are level. The condition of these shoulders have been poor for a long time, estimated to be more than 2 years.

Normally drivers whose right tire drifts off the asphalt slightly, have no problem correcting by a slight turn to the left of the steering wheel, on a normal properly maintained shoulder. This happens daily and frequently as evidenced by many markings on the roadway at different locations that are not in disrepair.

Unfortunately the drop off, experienced by our client, is not so easily overcome. The drop off actually inhibits the steering of the tire back onto the road surface requiring a heavy and instant hard turning movement. The tire does return to the road surface but immediately starts the car into a left hand spin over-correction into the oncoming lane of traffic.

Both in our client's accident for which he was killed and in the recent accident of July 3, 2008 occurring not more than 100 yards from each other, over correction caused a counterclockwise turning movement and unfortunate skidding into the oncoming traffic lane where they were then killed by an approaching car. Our office is representing at least one victim in this accident and we ask that all persons who may have information on this type of occurrence contact us. We can be reached by calling Brian Lew or James Ballidis at 888 752-7474. Our office represents victims of negligent design and care of roadways in California. If you know of anyone who has experienced such an accident and needs a good personal injury attorney see our web site www.allenflatt.com or contact us at 888 752-7474.

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This week another tragic, unnecessary nursing home death occurred in Orange County. And although there were a series of events that led to the death of this man, the most important factor was that his Advance Health Care Directive document was not followed. The staff thought they were following this patient’s directive, but in fact, the staff had incorrectly written the fact sheet instructions and the man died unnecessarily.

Only about 20% of Americans have a directive document, but it is one of the most important documents a person can have. Basically the Advanced Health Care Directive is the best way to make known your health care wishes if you are incapacitated and can’t communicate your wishes.

We all remember the Terry Schiavo case from Florida. Family members all had different stories of what this women “would have wanted”, and the family and attorneys ended up at the Supreme Court. Unfortunately, just speaking your wishes to your husband or wife does not automatically ensure that your wishes will be honored. 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 to discuss your legal options.

Choosing the right attorney to assist you in creating this document or any other legal data is vital. The process may be difficult, but the ramifications are enormous. Choosing a good law firm, like Allen, Flatt, Ballidis and Leslie, that can guide you through some of the difficult questions is comforting and the peace of mind that you have taken care of your personal wishes is enormous.

If you have a loved one in any type of nursing facility, it would be wise to double-check that their medical directive matches the instructions that the staff has. If you have any questions or concerns regarding a nursing home in California, visit www.nursinghomeguide.org/ for a complete listing by city or county of local elder facilities and their violations, staffing policies, and complaints.

If you’re contemplating placing a loved one in any type of facility, be sure and do your homework and make certain you are matching the best facility for your loved one. A good place to start is www.medicare.gov. On the Medicare site, you can search nursing homes by name, city, zip, state or geographical region. In addition, you can compare several homes, side by side, for any violation and staffing numbers. Staff per patient ratio is one of the major factors in choosing a good home. Finally, once you decided on a home or other facility, you may access detailed health and fire inspection reports on these homes.

For overviews of state and federal regulations, laws and patient rights, visit www.nursinghomealert.com. This website will educate you as to the laws that nursing homes must be in compliance with. They also have tips for evaluating the difference between neglect and abuse. As always, clear lines of communication with the facility are most important when you suspect something.
To avoid a serious personal injury or wrongful death, take some time to prepare your Advanced Health Care Directive. You and your family will be glad you did!

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As Independence Day quickly approaches, so does the anticipation of outdoor BBQ’s, parades, pool parties, and of course, fireworks after dark. On a typical Fourth of July, fireworks caused more outdoor fires in the United States than any other cause of outdoor fires combined. According to the American Pyrotechnics Association, backyard fireworks have more than doubled since 2000, and with the increase of fireworks, come more chances of property damage and serious personal injury.

Last year, Americans consumed over 280 million pounds of display and backyard fireworks. That’s nearly 10 times the amount used in 1976. As the laws have been changing, so has there been an increase of injuries surrounding the use of fireworks.
California is one of 39 states that allow consumer fireworks. However the California State Marshall only allows “safe and sane” products to be sold. Most of these products are now produced and imported from China. Although they are doing an adequate job of self-regulating safety issues, the regulations are still voluntary and more needs to be done to make safety regulations mandatory.

In a typical 2 week period surrounding the Fourth of July, approximately 11,000 persons are sent to the emergency rooms and over half of those involve children under 14. Over 31% of all firework injuries involve fingers and hands. Furthermore 25 % involve the eyes and the rest involve the head and face. Even though most of the injuries are burns, some blasts caused by bomb-like fireworks can cause serious personal injuries such as blindness, loss of finger or limb, lacerations or permanent scarring. Over one-third of all firework fatalities were caused by professional devices illegally sold to consumers.

In addition to personal injuries, structure and vehicle fires are a large problem associated with fireworks; both legal and illegal. These fires results in millions of dollars in property damage as well as injuries and deaths. If you have suffered personal injury or property damage due to negligence of another person using fireworks, don’t hesitate to contact an experienced personal injury attorney to assist you through this unpleasant incident.

One of the safest ways to enjoy the Fourth of July festivities is by enjoying one of the professional displays in your local community. Here in California, laws vary by county and city and its best to check your local community calendar for a public display near you. In Orange County we are fortunate to have many planned communities with lakes to enjoy firework display over the safety of water. Mission Viejo, Lake Forest, Irvine and Laguna Niguel’s lakes will all have beautiful displays. In addition, the coastal communities of Newport Beach, San Clemente and Laguna will have beachside display from the safety of the beach. For a complete listing of community displays, visit http://www.usfireworkshows.com./California.html.

Lastly, a few safety rules to keep your holiday safe:
· Always monitor children when lighting fireworks; even sparklers can burn fingers or catch clothes on fire.
· Don’t experiment with homemade products, always use “safe and sane” fireworks.
· Never bend over to light a fuse; always stand to the side.
· Keep a fire extinguisher handy in case of any mishaps
·
Happy Birthday USA and stay safe!

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A grueling football tradition called “hell week” will be played out all over Orange County middle and high schools this summer. It’s designed to get players in shape for the upcoming football season. But with record high temperatures predicated across California this summer, coaches and schools should be more concerned about heat-related sport injuries than creating sport stars. Last year heat-related deaths among middle school, high and college athletes were at their highest level according to new statistics.

Here in Orange County we have seen our share of tragic youth deaths. One in particular was a rising young star named Kenny Wilson. Only two days into the training schedule, the temperature hovered about 90 degrees as he and his high school teammates were practicing when he suddenly collapsed. By the time the paramedics had arrived, he had gone into cardiac arrest. By all accounts Kenny was a strong, young 16 year old who played multiple sports and was healthy. Unfortunately, several other athletes across the country have died and thousands more have been sent to emergency rooms because of heat related sport personal injuries.
Orange County school districts have since reviewed their summer policies of heavy sports’ workouts. Fainting episodes, vomiting and dizziness are all a part of sports training, but when the temperature rises, there needs to more than just occasional water or Gatorade breaks for the athletes. There needs to be a change in the sports’ mentality that allows kids not to feel pressured to complain of illness during a practice. Schools need to focus on heatstroke as a serious injury and not just something that happens to weak people.

Heat exhaustion, with heavy sweating and cramps can quickly turn deadly into heatstroke. Heatstroke happens when a series of events happen within the body once your inner core temperature reaches 104 degrees. First vascular shock occurs which reduces blood flow to the brain. Then an irregular pulse triggers a heart attack. Lastly, blood clots start to form and then kidney failure occurs.

The Sports Injury Advisory Group has created some recommendations for sport activities’ coordinators as well as concerned parents so that they can safeguard their children’s sport programs, especially in the summer.

· Acclimate to heat gradually. The first seven days of practice should be early; avoid practices in the afternoon when the heat is most intense.
· Pay attention to the humidity Index. If the sum of the temperature and humidity are equal to 160, precautions should be taken. If it is greater than 180, practice should be suspended.
· Take regular breaks. Stay hydrated and rest in shady areas. Rest period should occur 15 minutes for each hour of practice and be mandatory.
· Unlimited quantities of water should be provided to the athletes. Athletes should routinely drink plenty of water prior to workouts, and then drink at least a half a bottle at every break. Afterwards, at least one cup of water for each hour of activity.
Lastly, as parents you can do your homework as far as asking the right questions about your child’s sport program:
· Does the sport facility have a health care team?
· Is their on-site medical care provided if a child is injured?
· Is my child physically and mentally prepared for this sport?
· Does the team have an emergency plan in place? How would you be notified if your child is injured?

If your child has been injured in any type of serious sport-related injury, you probably have a lot of questions about what to do. Contact a professional personal injury attorney and empower yourself with the right information.

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Seat belt usage is at an all-time high here in the United States. Specifically, here in California we have a 95% usage rate. That’s great news for saving lives and avoiding personal injury. Yet we still have over 3 million Californians that don’t buckle up and that costs our communities over 26 billion a year for motor vehicle injuries and deaths for unbelted passengers.

If you’ve been driving anywhere in Orange County or throughout California recently, you’ve noticed the “Click It or Ticket” mobilization of law enforcement. Their goal is to have 100% of Californians buckled up. Fines can range from $80 to $400, depending on the county. The CHP doesn’t want to hand out tickets, they want to save lives.

Wearing a seat belt will reduce your risk of personal injury or death by 50%. In addition your risk decreases as you drive mini-vans, S.U.V’s and trucks with restraint devices. These types of vehicles tend to be more rigid in an accident and they actually absorb more of the shock during the impact. But whatever type of car you drive, buckling up saves lives and prevents personal injury.

If you have been injured in any type of automobile accident, don’t hesitate to contact an experienced attorney as soon as possible. Allen, Flatt, Ballidis and Leslie are a law firm that has knowledgeable lawyers ready to assist you through this experience.

Although the safety factor for seat belt use is clearly there, there are some individuals that still refuse to buckle up. 68% of teens that were killed in car crashes were unbuckled. Peer pressure does play a role in teens not using seat belts, and their friends typically don’t want to “tell them what to do”.

Though, the most common argument against seat belt usage is that it is uncomfortable. Two groups of individuals that typically complain about this don’t wear their seat belts are pregnant women and the overweight/obese. According to a recent study by the National Highway Traffic Safety Administration, obese people are more likely to die or be severely injured in an accident due to lack of seat belt use.

Just 10 years ago, automakers made belts 12 inches longer than what was required by federal law. Today belts are typically 18-20 inches longer. Most automakers have utilized this standard of providing extra length on seat belts for the U.S. market. Moreover, some manufacturers have “extenders” that can be purchased separately. These will provide additional support, but must not be used with children.

Auto engineers are now designing wider seats and more comfortable safety belts for the average consumer. Currently there are about 40 million American considered obese and another 58 million designated overweight. That’s a large target group of people needing new restraint technology.

Four point belts, like the type NASCAR drivers wear is an additional alternative for some drivers. This allows the larger individual comfort, ease of use, and in some circumstances, a safer experience.

Lastly, whatever your age or size, remember to buckle up for safety.

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Posted In: Car Accidents , Injuries , Motorcycle Accidents , Product Liability , Truck Accidents

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Driving along any California highway you’ll see people eating in their cars, applying make-up or just talking on their cell phones. These are all serious driver distractions and they are a major cause of personal injury accidents here in Orange County. In a recent study by the National Highway Traffic Safety Administration, they conclude that 80% of crashes and 65% of near crashes happen within 3 seconds of some form of driver distraction. If you’re reaching for an object in your car, you are nine times more likely to be at risk for an accident.

Teens are more vulnerable to distractions than any other age group of drivers. Sadly two prominent high school teens here in Orange County, Jill Sabet and her boyfriend Jonathon Schulte, lost their lives as passengers riding to their prom due to a distracted driver. The driver of the car was sober and not speeding, but someone in the car asked her for a piece of gum. At that moment she looked away to reach for the pack of gum, she lost control of the vehicle and it flipped over. In a split second inexperience and distraction took the lives of two precious children.

Another huge distraction to drivers (and annoyance to driver around them) is cell phone use. That’s one of the main reasons a new law will take effect in a few weeks that will make the roads hopefully a little safer. On July 1, 2008, California’s new cell phone law takes effect and will make it a fine to operate a cell phone while driving without using “hands-free technology” such as Bluetooth or an earpiece device. First offense fines will start at only $20, but will rapidly increase for further violations. And, yes, these violations will go on your DMV record!
The above law is applicable to drivers over the age of 18 years. It is still illegal for drivers under 18 years old to use an electronic device of any type here in the state of California.

In addition to distractions happening within your car, there are plenty more attentions diversions happening outside your car. Accidents, construction, emergency vehicles, pedestrians, even sign twirlers can be a cause of motor vehicle accidents. Even “rubbernecking” near the scene of crash can double your chance of being in an accident yourself. However, a growing trend here in Orange County has got two cities proposing banning those obnoxious sign twirlers.
Two cities here in Orange County, Santa Ana and Orange, are considering permit limits to the businesses that use sign twirlers. Currently there are no regulations to advertising in this manner. The main concern cited by the city attorneys are the distraction to drivers and annoyances to pedestrians. However, there are serious concerns for driver safety and these cities are investigating their options.

Finally, it is easier said than done, but we as drivers do need to limit the amount of distractions that we have control over; drowsiness, loud music, cell phone use, eating and passenger attention. A little advance planning in our driving schedule could possibly avoid a serious accident.

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Move over lead, pesticides and asbestos, there’s presently some new chemicals that just might be poisoning your baby or toddler today. Bisphenol A and phthalates are just two new chemical substances that have been known to cause developmental and reproductive problems in children.

California is on the leading edge of limiting children’s exposure to these two chemicals from manufacturing standards, but as we all know, much of the manufacturing market is now performed outside the country. It will take informed, educated consumers to stop the flow of cheap toxic baby products and quite possibly, potential personal injury to our children.

So how prevalent are these chemicals in our society? Well, phthalates are “plasticizers” which means that it is an additive to make plastic more flexible. Pacifiers, teethers, rattles, baby bottles, cleaning products, plastic wrap, just to name a few. The biggest problem is that the chemical bonds are not that strong, so when items like bottles are heated in the microwave or dishwasher, toxins are leached out into the bottles’ contents or directly onto the skin.

Bisphenol A is added to plastic to make it both clear and shatterproof. Progress is sometimes a double-edged sword. Toys, food containers, plates, cups—all of these products are there to make our lives a little easier, but as we are now finding out, there is a price to convenience.
Both of these chemicals are not only proven carcinogens, but they are chemicals that obstruct normal growth and development and interfere with hormonal effects as well. Moreover, the National Institutes of Health has concluded that bisphenol A does not only have adverse effects on child development but on neural effects on infants and children. Scientists agree that these chemicals have some impact on humans, especially young babies and toddlers, but they disagree how much is too much. The answer is basically we don’t know at this point. However, the American Academy of Pediatrics is warning parents to purchase baby products without these two additives.

Here are a few parental safety tips:
· Look for “phthalate” and “bisphenol A” free baby bottles or use glass bottles
· Use powdered formula instead of cans that may be lined with plastic containing these chemicals
· Avoid plastic containers that have the identification “7” inside the recycling symbol on the label. This usually means that it can leach BPA. Look for plastics marked “1” or “plastic #1” instead.
· Look for natural baby wipes, shampoos, powders and lotions. However, be aware that the FDA does not require manufacturers to put phthalate ingredients on their labels.
· Look for wood or cloth toys rather than plastic.
· Limit your child’s exposure to indoor toxins
· Use natural cleaning products, wherever possible.
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This year parents and consumer groups have been lobbying congress to repair the broken safety net known as the Consumer Product Safety Commission. Ideally, this group is there to warn us of potential safety hazards. Finally in March 2008, the Senate passed a comprehensive CPSC proposal to fund a publicly accessible database to help parents and other consumers to identify toxic toys, poisonous plastic products, and many of the over 9 million recalled products. In addition, there will be alternative product options for more healthy choices as well.

Lastly, the bill will give the CPSC recall authority; initiate a toy safety standard, include a phthalate ban, and provide greater civil and criminal penalties for manufacturers who violate the laws.

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Orange County, California has some of highest gas prices in the nation. At last check, we were creeping closer to the $4.40 a gallon mark. These higher prices can really dig into any family’s budget. Car buyers are now becoming more conscious of three magic letters, MPG. Yes, SUV owners are now questioning why they need a car that gets 10mpg. Primary concern, of course is safety and the vehicle’s crash tests. Larger automobiles will always “win” in any accident that involves a collision and personal injury. However, a new car has just come onto the market from Europe that just might change the way we think about safety and small cars.

It’s small and it’s called the Smart For Two; only 108 inches long, 62 inches wide, and 61 inches tall. In other words, it’s a small box with four wheels, 70hp engine, and performance that delivers 0-60 in 12 seconds. Size does become somewhat of an issue if you want to take along more than one friend, but then again, how many times to do you see one person in a car on an Orange County freeway? It just might be a great commuter car with a rating of 40 MPG.

The Insurance Institute for Highway Safety, IIHS, released its safety report last week and gave the Smart For Two a top marks for both side and front crash tests. It received 5 stars for driver frontal impact but only 3 stars for the passenger. The two main reasons that it did not get a “top safety pick” are that the car is the smallest one they have ever tested. The institute really doesn’t have an appropriate category for this size of car and it doesn’t have good whiplash protection. For a small car, though, Daimler Corporation of Germany really has engineered many safety features only larger cars have.

One reason this car does so well in crash tests is its safety system called the tridion safety cell. The high stress areas are made from steel and during a crash, the energy is redistributed to protect the occupants from major personal injury. Four airbags; two frontal and two side also protect passengers from injury as well and the collapsible steering column is there to protect your head and thorax. They all come as standard equipment.

Other safety features include, ABS brakes which will prevent skidding on all types of surfaces. In addition, the Electronic Stability Program, which integrates the throttle and brake system to prevent over braking and swerving maneuvers. This new small car is packed full of new safety features to protect you from serious injury.

Sadly, with all of its safety features, some insurance companies won’t insure this automobile. They conclude that the category is just too small and they don’t have any type of historical safety data on this new type of car. So if you chose to purchase this type of vehicle, shop insurance before you shop for your car to be sure you have coverage.

As energy costs skyrocket, Americans will eventually be attracted to smaller automobiles. But if you just can’t separate yourself from your gas guzzling SUV, check out www.gasbuddy.com for the cheapest fuel in your area.

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We lead busy lives here in Orange County. But a disturbing trend is developing here in California that is tarnishing our otherwise good reputation of being a compassionate community. We are now known for the highest rate of hit and run fatalities in the country—around 8%--twice the national average! On average, there are approximately 700,000 hit and run accidents in the United States each year. California does have the largest population and car ownership, and also the most unlicensed and uninsured drivers.

A typical example that occurred just this week when a 9 year old Los Angeles boy was killed when he was walking with his family as they were coming home from a party. The driver, driving at such a high rate of speed; never stopped to help and quite possibly, even was so oblivious that he did not know what was happening.

Hit and run accidents can range from the typical dents in your car in a parking lot, to leaving the scene of an accident involving a pedestrian, bicyclist or automobile. Whatever the scenario, these are growing trends that can be your worst nightmare if you are involved in one of these accidents. Innocent parties usually become the victims twice; the first in the accident, and then, although innocent, must pay for the other driver’s irresponsibility. Even though most responsible driver’s carry some form of liability insurance, the state ordered minimum insurance policy only covers the costs of damage that you may inflict on another driver in an automobile accident. This will not cover the damage to you or your vehicle. It’s probably a good idea to check with your insurance carrier to make sure you have the best coverage possible, including adding uninsured motorist and additional medical coverage.

An investigation done by a California newspaper concludes that over 50% of hit and run drivers have suspended, revoked or expired licenses or no license to begin with. Other reasons include driver impairment by drugs or alcohol, distractions, street racing, auto theft, or just aggressive road rage-type driving. This is a huge problem in California; specifically in Orange County and surrounding counties in Southern California. If you have sustained personal injury due to the negligence of a hit and run driver, don’t hesitate to call an experienced personal injury attorney. A good attorney will always assist you through the insurance procedure and inform you of your rights.

Just to recap, if you are a California driver involved in an accident, whether there were injuries or not, you are required by law to stop and exchange information with the other driver. If someone has sustained an injury, the driver has a duty to stay and give reasonable assistance to the injured. Depending on the seriousness of the accident, law enforcement can charge the hit and run driver with either a misdemeanor or a felony, depending on the extent of the damage and injuries.

Remember to drive defensively and stay alert and if the unthinkable happens, always stop and investigate.

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As Memorial Day weekend came and went and therefore the start to summer vacation season, millions of children of all ages are eagerly awaiting visits to carnivals, amusement and water parks. But for one child, Kaitlyn Lassiter, she will be speaking out against amusement park safety with Massachusetts’s congressman, Edward Markey. Tragically last year Kaitlin’s feet were severed on an amusement park ride. She will for obvious reasons never be the same but she is campaigning for better safety standards.

Congressman Markey has proposed bill, H.R. 2320, The National Amusement Park Ride Safety Act. If passed, this new law would close a huge loophole that allows federal safety oversight in a majority of the country’s major theme parks. 71% of customers who visit America’s top ten amusement parks—62 million—are riding on unregulated rides. Basically what this means for you as a consumer is that there are no government ride inspections or investigations of serious accidents or death.

Here in California we are one of only 27 states that have some safety regulations and ride inspections. The California Division of Occupational Safety and Health (DOSH) regulates the installation, maintenance, operation use and inspection of all permanent amusement park rides. A new bill, SB 783 that will take effect January 1, 2009 will require stricter reporting to DOSH as well as park owners to have $1 million dollars of liability insurance coverage per occurrence, up from the current standard of $500,000.

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. This includes water slides as well. It’s not surprising that half of all injuries and ¾ of all falls and ejections involve children under the age of 13.

Young children have the highest risk for personal injury during theme park rides. Why? Many of the bracing point and restraints systems on the rides were designed originally for adults, not children. This leaves smaller children vulnerable to falls or traumatic ejections. These parks are not held to the same standards such as vehicles or other forms of transportation.
We seem to be in a catch 22 situation; this industry counts on parent to protect their kids and parents depend on industry to design safe rides. So how can we protect our children and have a worry free summer vacation? A group that educates the public in keeping all persons safe on amusement rides is www.safeparks.org/.

Here are a few simple safety tips for parents:
· Explain to your children the importance of safety instruction when they enter and leave a ride. They just look at fast roller coasters and twirling around as fun, but there are some safety measures to understand.
· 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.

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California is ranked number one for several reasons; beautiful coastlines and beaches, but being known for the highest rate of identity theft victims is not really what we as residents take pride in. In addition, some counties such as Orange, Riverside and San Bernardino counties have had the highest growth rate of identity fraud. An identity is stolen in United States every 4 seconds, and now over 10 million people have been affected by this crime.

Identity theft is essentially a white collar crime. However, even though there is no outward bodily injury, there is definitely emotional trauma and it takes, in some cases, years to get your life back on track. The average victim spends an average of 600 hours recovering from this crime and spends an additional $8,000 to resolve their nightmare.

Since 2005 when LifeLock emerged on the business scene, the public at large felt that they finally had a company that could really fight this uphill battle with and be on their side. LifeLock’s services included fraud alert protection, one million dollars insurance against any future theft and no junk mail. Unfortunately in a bizarre twist of fate, LifeLock is not only being sued in several states for fraud, the deceptive advertising practices are now being scrutinized.
Experts agree that the over one million LifeLock subscribers, paying $10 per month, are paying for what essentially they could get for free. Fraud alert protection is provided free to every consumer, thanks to the Fair Reporting Credit Act, FCRA. This act states that any consumer can contact any of the three credit reporting agencies; Experian, Equifax and Trans Union and get a free report and fraud protection for up to 3 months. Renewing for free is also available.
Several states are proceeding with class action lawsuits against LifeLock. Specifically, they are seeking damages for misleading subscribers and enticing them into a false sense of security and safety net. Also in question is the one million dollar insurance policy against any losses sustained as a result of identity theft. After reading through a lot of fine print, in reality, LifeLock will only investigate how to fix the issue with third party organizations, but no financial reimbursement will be met and there is no guarantee of restored good credit. These are the prime reasons people subscribed In the first place!

If you have been defrauded by a company or person, don’t hesitate to contact a good personal attorney.

As always, to protect yourself from identify theft, use good common sense and follow some of these basic guidelines recommended by the FTC, Federal Trade Commission:
· Order your free credit report every year directly from the 3 credit reporting agencies, Trans Union, Experian and Equifax. California can receive one free report a year.
· Place a fraud alert on your account and you will have an additional layer of protection
· Never carry your social security in your wallet and never give your number to anyone, except in an absolute need-to-know basis.
· When buying products online, look for the “locked padlock” on the page (usually on the browser line). Be sure the page is secure before you put your credit card number on it.
· Store personal information in a safe place. If you chose to dispose of it, always shred all personal and financial records.
· Check your bank and credit cards statements closely for mistakes. Often time’s criminals will start with small expenses that may go unnoticed.
· Get a lock on your mailbox. This is an easy target for criminals to access your personal information.
For more helpful tips on how to avoid being a victim, visit www.ftc.gov

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Last year, thousands of dogs and cats either died or became seriously ill due to eating contaminated pet food, but of course no one knows the exact number of pet owners who lost their pets. Last month, all parties involved in the litigation process have tentatively approved a 24 million dollar settlement agreement. The big question remains, though, how did this all happen and how can we prevent it in the future?

The pet food crisis started off slowly, with one or two brands being recalled. Day after day more brands were being added to the list until over 150 brands of cat, dog and animal food had been recalled. It was the largest recall in FDA history. After it was announce, the calls were at record numbers complaining of problems with their animals and concerned over what labels to be aware of and thrown out. Slowly over time, cats and dogs were becoming seriously ill or dying unexpectedly.

Within two months of the first cases, the toxicologists had traced the deaths to two specific ingredients that were not supposed to be in the animal food—melamine and cyanuric acid. Melamine is used to make fertilizers and plastic materials and cyanuric acid is a by-product of melamine synthesis. But why were these unapproved chemicals in the animal food supply? Officials from Menu Foods believe that the Chinese supplier was trying to artificially increase the protein content of the food by adding the melamine to the wheat gluten in the pet food. The Chinese knew that the inspectors would only be testing for protein content, not toxic chemicals.
Sadly, bad decisions and greed led to the painful death of thousands of innocent animals. Now these pet owners have a small victory of being compensated for real expenses related to the illness or death of their pet. Veterinarian bills, burial costs, time off work—any documented expense will be reimbursed. For those without documentation, they will be able to recover up to $900. Even though their economic damages are reimbursed, what is the value of a beloved pet? If you’re like most pet owners, your pet is practically a member of your family. It is unclear whether emotional losses will be accepted.

Menu Foods, the largest contributor to the settlement fund and pet food manufacturer, distributes pet food in over 100 brands. Other defendants included Del Monte, Procter & Gamble, Nestle and others. In addition, ingredient suppliers, specifically Chinese defendants were affected.
If you have experienced either economic damage or emotional loss from this tragedy, the website of Menu Foods will have third party contact information on its website after May 30th. On that date, the U.S. District Court in New Jersey will have a court hearing and get the judges final approval.

The settlement fund, although not perfect, is part of closure needed for the pet owners that suffered through this ordeal. Even though this won’t bring their pet back, it will compensate them for the medical expenses and hopefully change the trade practices of food manufacturers and improve quality control of foreign imports.

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In local Orange County high schools, May is a time for state exams, field trips and of course senior proms. However, in several high schools across California recently, there were some new events happening on campus—simulated car accidents, “dead students” walking around and of course the grim reaper roaming the school grounds. Why you may ask? The program, developed by Mothers Against Drunk Driving, (MADD), travels around the state to educate teens of the dangers of underage drinking and not driving. In 2006 alone, 714 young people were killed during prom or graduation from alcohol related traffic accidents.

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 California alone, underage drinking costs the citizens over 7.3 billion dollars. The costs include medical care, pain and suffering, work loss and other problems resulting from youth alcohol addiction. Young people who begin drinking before age 15 are four times more likely to develop alcohol dependence than those who start drinking after age 21. Traffic accidents are the main cause of personal injury in youth but other alcohol related injuries can be caused from alcohol poisoning, petty crime and high risk sex.

Right now you may be thinking, “Not my child”. However, frightening statistics reveal teen surveys stating that over 80% of 12th graders have tried alcohol in the past year and 66% had drank 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. More importantly, depending on the amount they are consuming, this could cause irreparable damage to their brain, possible dependence and maybe unwanted consequences in their lives.

The brain continues to develop throughout your twenties. This is why drinking, especially heavy drinking is so detrimental to young people. The part of the brain that controls reasoning and cognitive ability take the longest to mature and these are the areas that get damaged the worst. Memory loss and spatial operations are also damaged. In addition there are studies that show that early drinking behaviors can lead to alcohol addictions.

With all of the side effects of underage drinking, it is even more surprising that many parents are the ones buying and providing alcohol to their kids and friends. The situation has come to the attention of the Mission Viejo City Council and they are proposing an ordinance to fine parents up to $1000 if they are caught supplying alcohol to children under 21. If the proposal passes, it will be the first in Orange County.

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It’s almost summer and time to hit the road for your vacation. Millions of families will be on road trips with their kids and pets. But according to the Pet Products Manufacturing Association (APPMA), over 40 million pets are expected to hit the roads this vacation season with their owners and they will not be properly restrained, causing potential safety hazards and possible personal injury. Currently there are over 71 million Americans who own pets and over 80% of them admit to never using a restraint device to keep them secure.

The restraint laws for children and adults are quite clear, but for animals such as dogs and cats, they are allowed to roam freely inside the vehicle but must be restrained in the back of a pick-up type vehicle unless the sides of the truck are at least 46 inches high. Another potentially new Californian law was introduced this week in Sacramento. California Assembly Bill 2233 would make it illegal to carry your favorite pet on your lap. It passed the assembly and now is facing a senate vote.

Traveling with pets can be dangerous for both your pets and yourself. Many things can cause driving distractions; including talking on your cell phone, music, eating, children and of course pets can become a distraction while driving. They may see another dog, move around, or just see something that irritates them. These can all be distractions for the driver. Of course if the driver must stop instantly, the dog or cat can become a flying projectile, injuring themselves and possibly someone in the car. For example, an unsecured 60 pound dog could hit a window, backseat or another passenger with a force of 1,200 pounds in a 30 mile-per-hour collision.
One alternative to keeping your pet safe while driving is to either secure them in a restraint device or keep them in a crate. These devices will limit distractions and keep your pet safe. Although your pet may not like them at first, after taking them on short rides, they will eventually get used to them.

Restraint devices are designed to anchor your dog to a firm place in the car. Most systems will still allow the animal the ability to move, stretch, lie down and of course, stick their nose out the window of the car. After anchoring the system to the automobile’s passenger restraint systems, the harness will fit over the upper back and chest of the animal. For a complete selection of restraint products for your pet, visit the Pet Products Manufacturing Association at www.appma.org and search restraint products. Also you can shop at any larger pet retail store.

Remember, it is your responsibility to keep your pet safe, whether you’re in your automobile or not. Since so many people drive with their pets now, some insurance companies are now even covering personal injury to one’s pet. Check your policy to see if you’re covered.
For all the reasons that we buckle up our children and ourselves, let’s not forgot about the “other” four legged members of our family as well.

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Pain is the natural side effect from any type of personal injury recovery, including car accidents and major trauma injuries. Unfortunately for the majority of those accident victims, the pain never goes away. We have cataloged the typical injuries from accidents for your use. This is something that accident survivors have always known but now a major pain study by the University of Washington has come to the same conclusion. In fact almost 63% of all trauma patients still experience moderate to severe pain one year later.

This study included 3047 patients ages 18-84. They all had experienced acute trauma from an accident. The researchers followed the people for over one year and discovered most of the pain was reported in the joints and extremities (44%), back (26%) head (11%) and neck (7%). Moreover, 59% of those patients with injury-related pain had three or more painful areas one year after injury.

Pain can rob you of your family time, work productivity and quality of life. Since pain is a component of your claim for damages in a personal injury lawsuit, it is important to choose the best qualified attorney in your area. In Orange County, California, you have the advantage of one of the top-rated personal injury firms in the state, Allen, Flatt, Ballidis and Leslie.

Other findings worth noting in this March 2008 study were that more interventions are needed to decrease chronic pain when treating trauma patients. Pain levels at the 3 month marker were indicators on how long pain severity would continue. Basically, if you had severe pain after three months of a single trauma, most probably you would be experiencing at least moderate pain in one year’s time.

In addition, other recent studies have shown patients with specific injuries like pelvic fractures and lower extremity injuries will most likely experience chronic pain five to seven years after the injury. Of course, this can eventually lead to various forms of disability, post-traumatic stress disorder and depression.

The information for early pain management options should be available to patients so that they can choose the best treatment according to their injury and lifestyle. But where can a person go to get unbiased information? First, always keep a good line of communication open with your doctor and then start with the following resources:

A general overview of evaluating Health Information on the Internet can be found at, http://www.fda.gov/oc/opacom/evalhealthinfo.html.
A comprehensive non-profit organization called the American Pain Foundation has several resource guides for managing and understanding your pain. Here are a few helpful links:
Pain Resource Guide,
Discussion Guide for you and your doctor,
Pain Treatment Options,
Options for Managing pain,
Pain relief: OTC options.

Take care, drive defensively and stay safe.

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A victim of an auto accident had a serious knee injury arising from an impact with the dash board of his vehicle. His injury necessitated multiple surgeries, and kept him from working in his occupation. Michael Mazal of Allen, Flatt, Ballidis & Leslie was successful in negotiating a settlement of the case for $500,000. This represents the largest settlement for a knee injury in the firm's 30 year history.

Congratulations to Mr. Mazal and the entire litigation team of the firm.

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Imagine having your loved one experience a serious personal injury, or worse yet, die during surgery due to a malfunctioning medical device that the doctor had just implanted. Normally in cases like this, survivors are able to sue the medical device manufacturer for some type of damages due to the defective device and get it banned and to protect others so that they wouldn’t be affected. Well, as of last month, the U.S. Supreme Court has ruled, in an 8 to 1 decision, that patients injured by medical devices can’t sue the manufacturer.

Seems hard to believe, but true. What’s more unbelievable is that the legal theory behind this ruling is that the Food and Drug Administration, FDA, the agency that approves the safety of drugs, medical devices and other consumables is doing a good job. With thousands of current recalls on medical devices, not to mention questionable pharmaceuticals and the record number of food contamination outbreaks, do we really trust the FDA is doing the best job possible to protect us?

The FDA’s own advisory committee found that “the agency is so underfunded and understaffed that it’s putting U.S. consumers at risk in terms of food and drug safety”. The FDA has 1,311 fewer employees than it had 14 years and a deteriorating budget with obsolete technology. Moreover, currently 80% of all drugs sold in the United States are currently made overseas and the number of inspectors has gone from 531 in 2003 to just 380 in 2006. How does this lack of inspections make our food and drug supply safer?

Last year the U.S. experienced record numbers of food and drug recalls. Many of our products are now coming from China and they have a dismal record of contaminated food and drugs. Your prior rights in personal injury cases due to defective products and product liability have been severely compromised. The FDA admits that they only are capable of inspecting 2% of the imports coming into this country. This is truly unacceptable and even the advisory committees are helpless to provide change without a major overhaul of federal funding and major budgetary increase from the congress. In an election year and with a financial crisis looming, that probably won’t happen.
Last year, the Journal of the American Medical Association, JAMA, wrote an extensive article on the role of litigation and the release of drug information entitled, “The Role of Litigation in Defining Drug Risks”. The article, written from the doctor’s point of view, argues that often they themselves are unaware of some of the adverse side effects of some drugs. Doctors learn about new drugs from publications of clinical trials or case reports, promotional materials and FDA approval letters. Sometimes the information is limited in nature and only through the discovery process do the accurate, balanced data become known. In addition, sometimes the FDA approves drugs for a specific condition and then the drug is used for other reasons. The system is clearly flawed and needs to be fair for all involved.

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Recently here in Orange County, California, temperatures have skyrocketed up into the 100’s. One unfortunate statistics that goes way up during the late spring and early summer months is leaving your babies and young children in a locked, unventilated car. Nationally In 2007, there were over 749 incidences that caused personal injury to 962 kids, sadly, 187 fatalities occurred. This was the highest fatally rate to date.

Last May, Hayley Wesley left her daughter, Madison in the back of her car for three hours. Her child died of hyperthermia. This week the prosecutor’s office in California sentenced her to three years in jail. However, when you are responsible for the death of your child, I’m sure she will feel guilt for the rest of her life for this tragic error in judgment.

Since the early 1990’s, there has been a tenfold increase in young children’s deaths due to hyperthermia. One theory to explain the increases is that since the introduction of front seat airbags, children no longer sit in the front seat of automobiles. In addition, cars have grown larger; people drive more vans and SUV’s which are harder to view in the back. However, by far the most common excuse for this tragedy is that the caregiver or parent just “forgets” their child.

In a study done recently by Injury Prevention Journal, over 47% of children’s caregivers had forgotten that the child or children were in the back of the car. What’s even more disturbing is that 21% of the these children were left intentionally in the car by the parent. Parents and caregivers need to be educated on the dangers of extreme temperatures that rise quickly in a locked automobile.

In the average closed car, the temperature will increase 19 degrees Fahrenheit in only 10 minutes. After 20 minutes, the increase is 29 degrees and so on. After one hour, the temperature has risen to 45-50 degrees over and above what the temperature is outside. Cracking the window does not have a big factor in cooling the interior of the automobile.
Whether there is a change in a routine or feeling overloaded, sometimes parents do and will forget their kids. Fortunately, some technology devices have recently been created to prevent these types of tragedies. One keychain-type device, developed by a NASA engineer is called the “Child Presence Sensor”. It fits on your key chain and when you exit the car without removing your child from their car seat, the device will beep. Another simpler device is the “Baby Safety Line”. It literally is a colored plastic line that attaches a hook to your baby’s seat on one end, to your ignition keys or dashboard on the other. For a full review of technology devices, visit www.kidsandcars.org/incidents/heat/technology.html
California is one of only 12 states that have laws against leaving children unattended in cars.

It is illegal to leave a child under the age of six years in a car alone, except if there is another person 12 years or older. For our families sake, let’s all slow down a little as we enter into the summer season. Keep your kids hydrated with plenty of water, keep your vehicle cool and don’t leave your children unattended for any amount of time.

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40% of American households with children have guns. Every day at least 3 children die due to accidental firearms’ deaths. On the other hand, the second amendment does allow homeowners the right to bear arms and protect our property. The Supreme Court is now dealing with this exact issue; how do we protect our rights and balance our freedoms without harming our families. The issue specifically deals with the law banning guns in Washington DC, but the high court’s ruling-which is expected in June- could have far-reaching consequences in states like California.

Gun ownership is perceived to be a fundamental right here in the U.S. In fact, a recent CNN opinion poll revealed that 65% of Americans surveyed believed they had a right to own a gun. But along with ownership comes responsibility, and way too many guns are getting in the hands of children who are too young or untrained. This combination can lead to accidental deaths or personal injury. If it has lead to touch your life accidentally or intentionally, we want to here from you. A personal injury attorney will help you through your troubled times. But to my story of sensless injury read on.

Each year more than 16,000 children are injured with guns and since 1990, more than 5,000 kids have died. Many of these incidences are from kids finding guns in a drawer, in a closet or an unlocked gun cabinet in the home. Moreover, in 72% of unintentional deaths and injury cases the firearm was stored in the residence of the victim, relative or friend. The NRA has created a program to teach kids safety in and around guns. Their motto is: “If You See a Gun: Stop! Don’t Touch. Leave The Area. Tell An Adult.” Don’t trust that your child may learn this safety in their school. Talk to your kids about gun safety and never point a gun at anyone.
Common Sense about kids and guns, www.kidsandguns.org/ a safety organization that educates gun owners and children about safety tips has the following recommendations:
Parents who own a gun:
· Unload your gun and lock it up
· Lock and store ammunition separately
· Hide keys where children can’t find them
All Parents:
· Ask if guns are safely stored at places your children visit or plays
· Talk with your children about guns
· Teach young children not to touch guns, and to tell and adult if they find one
I
n addition, Project ChildSafe is a nationwide program that helps ensure safe and responsible firearm ownership and storage. You can search their website for California law enforcement links for a location near you that will give you a free gun ownership safety kit. Visit www.projectchildsafe.org/

Gun ownership varies from state to state, but in California, we have one of the lowest ownerships rates, only 21.3% of households. Only 5 other states have lower rates. However, Orange County does have the second highest registration of assault weapons here in California, next to Los Angeles County. Be aware that if you own a gun, in most cases you are responsible for its proper use. One rare case in 2003 held the gun maker liable for a Californian boy that was shot by his babysitter. However, the jury did spread liability around; gun maker, distributors, parents, etc.

The California Firearms Law of 2006 does protect homeowners from using guns for self defense purposes and to defend themselves from personal attack that would cause them bodily harm. It is your right to keep a gun, but for our kid’s sake, keep it locked and stored safely to avoid any potential personal injury.

One other really effective method of securing a gun is a trigger lock. It works on a combination that only you know. It prevents even a loaded firearm from accidental discharge. It can be unlocked in seconds allowing the protection function of the gun in the home and finally, cannot be broken off even with sledge hammers applied to it. It is a great way to protect your family, and also protect against stolen guns being used in later crimes.

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Traumatic Brain Injury or TBI is a serious brain injury that occurs as a result primarily of motor vehicle accidents or falls. When the head and brain are subjected to rapid acceleration and deceleration, tearing of the nerve fibers occurs, along with bruising of the tissues and subsequent swelling of the area. Moreover TBI’s are so serious that many patients will sustain long-term physical, cognitive or psychological complications for several years. It is one of the most common causes of disability and death in adults.

Continue reading "CALIFORNIA BRAIN INJURY TREATMENT FROM ACCIDENTS ADVANCES" »

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Everyone enjoys going out to eat; no cooking, nice atmosphere, relaxing with your friends. But how clean is your favorite restaurant? Did it get an “A”, “B” or “C” rating during its last inspection? If your favorite restaurant is in Orange County, it does not have an A, B, C rating system like Los Angeles and San Diego counties, only violations. Do you know to ask the restaurant for its lists’ of violations’? Not many people do, but it just may change your eating out habits.

Continue reading "CHECK OUT YOUR FAVORITE RESTAURANTS IN ORANGE COUNTY TO PREVENT FOOD ILLNESS OR INJURY" »

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What happens in Vegas doesn’t always stay in Vegas and sadly could potentially spread HIV and Hepatitis C around the globe. For patients who were treated at the Las Vegas Endoscopy Clinic and others around the Las Vegas metropolitan area, these people live in fear that they could have contracted HIV or Hepatitis C through the staff reusing needles leading to unhygienic conditions at these facilities.

Continue reading "HIV AND HEPATITIS STILL INCREASINGLY LINKED TO MEDICAL FACILITY EMPLOYEES AND USE OF USED NEEDLES" »

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Here in Orange County we are fortunate to have pleasant weather all year around. However, it really will be springtime soon and that means spring forward for Daylight Saving Time. Yes, it’s that time of the year, and while I’m sure you all turned your clocks forward, did you also change your smoke alarm batteries? Working smoke alarms double your families’ chances of surviving a home fire and unfortunately, there are on average 400,000 residential house fires each year here in the United States.

Continue reading "DON'T BE ONE OF 400,000 TO FALL VICTIM TO HOME FIRES. SAVE YOUR HOME AND FAMILY FROM PERSONAL INJURY BY INSTALLING FRESH SMOKE ALARM BATTERIES" »

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The joys of being pampered at a day spa used to include massages, pedicures and facials. In today’s world, spas are now transforming to become quasi medical facilities which both men and women are receiving elective, non-surgical medical procedures. Since 1997, non-surgical procedures have increased a whopping 749%, and it is a multi-billion dollar industry. Moreover, personal injury resulting from medical spa visits has increased 41% between 2005 and 2006.

Continue reading "DAY SPAS ACCOUNTING FOR 41% INCREASE IN PERSONAL INJURY TO CLIENTS" »

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Flash! You’ve been photographed running a red light. Thought you could make it through the intersection but the light turned red. Worried about paying fines or higher insurance rates? Normally drivers should be worried, but here in Orange County, California, up to 25,000 drivers since 2004 have literally “walked away” from any sort of penalty.

A recent Orange County Register investigation discovered that court workers and police rarely complete the lengthy process to punish red-light violators. In some jurisdictions, police are required to match the photo with the car owner. Here in Orange County, though, the court doesn’t need to verify that. Instead, the court will mail out a ticket to the car owner and ask them to identify the photo. There is grey area here and many people just don’t respond to the citation—and get away with it.

Since most of the costs to install and operate the cameras are deducted from revenue fines, this is costing taxpayers a lot of money. Since 2004, the cities involved have lost over 3.5 million dollars.

Continue reading "ORANGE COUNTY CALIFORNIA LACKS ENFORCEMENT CAPABILITY FOR RED LIGHT VIOLATIONS" »

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