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Hit-And-Run Crash - One Injured In Lemon Grove ~

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Hit & Run.gif10news.com has reported that a teenage skateboarder was struck by a hit-and-run driver this past Saturday, causing the teen to be transported to a local hospital. The incident occurred at the intersection of Massachusetts and Lemon Grove Avenues in Lemon Grove.

According to a witness, the teen was walking across Massachusetts Avenue when he was struck by the driver of a small black car which had run a red light. The witness said the teen was carried about one hundred feet before falling off the car and into the street. He was then transported to the hospital due to his injuries.

The driver fled from the scene and no further description of the car was available.

Hit-And-Run Liability

California Vehicle Code Section 20001 states, in relevant part:

(a) The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.
(b) (1) Except as provided in paragraph (2), any person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.

(2) If the accident described in subdivision (a) results in death or permanent, serious injury, any person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.

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(c) A person who flees the scene of the crime after committing a violation of Section 191.5 of, paragraph (1) or (3) of subdivision (c) of Section 192 of, or subdivision (a) or (c) of Section 192.5 of, the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison...


Two Separate Crashes - City Heights & Sherman Heights

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This past Wednesday, 10news.com reported two separate crashes - one occurring in City Heights and one in Sherman Heights. Two men were hospitalized.

At about 10:00 p.m., the first incident occurred at the intersection of Fairmount Avenue and Poplar Street in City Heights. A man stepped out into the street while holding a bottle of beer and was hit by a car heading northbound. The man was rushed to Scripps Mercy Hospital, as he sustained a serious injury after hitting his head on the windshield. It was reported that he was believed to be intoxicated at the time of the incident.

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Approximately thirty minutes later, the second incident took place at the intersection of 19th Street and Imperial Avenue in Sherman Heights. A bus making its way onto the freeway plowed into a man believed to be jaywalking. The pedestrian was treated by paramedics at the scene and then transported to UCSD Medical Center for treatment.

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What To Do After An Auto Accident

What information should I obtain?

When should I contact an attorney?

Should I contact my own insurance company?

Should I go to the doctor?

Is there anything special I should tell my doctors?

Do I need to take pictures of the accident scene?

Maxfield & Oberton Sued By CPSC Regarding Hazardous Toys ~

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On July 25, 2012, it was announced that the U.S. Consumer Product Safety Commission (CPSC) staff filed an administrative complaint against Maxfield & Oberton Holdings LLC of New York, N.Y. The complaint alleges that Buckyballs and Buckycubes contain a defect in the design, instructions, warnings, and packaging, which pose a substantial risk of injury to the public, especially children. The Commission voted 3-1 to approve the filing of the complaint, which seeks an order that the company stop selling Buckyballs and Buckycubes, notify the public of the defects, and offer consumers a full refund of their purchase.Bucky balls & cubes.jpgDue to a request from the CPSC, a number of retailers have voluntarily agreed to stop selling Buckyballs, Buckycubes, and similar products manufactured by other companies.

The Buckyballs and Buckycubes sets contain up to 216 powerful rare earth magnets, which dozens of young children and teenagers swallowed. In doing this, the children and teenagers sustained internal injuries requiring surgery. The online marketplace - eBay - has also agreed to implement steps to remove listings by sellers for these products.

The Commission staff was forced to file the administrative complaint against Maxfield & Oberton after discussions with the company and its representatives failed to result in a voluntary recall plan that the CPSC staff considered to be adequate. This type of legal action against a company is rare. This is only the second administrative complaint filed by the CPSC in the past eleven years.

According to its web site, the U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under its jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. The CPSC is committed to protecting consumers and families from products that pose a mechanical, fire, electrical, or chemical hazard.

To report a dangerous product or a product-related injury, you can go to SaferProducts.gov
or call the CPSC hotline at (800) 638-2772.

National City Boating Accident ~ One Killed

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8-7-12.jpg10news.com recently reported that a 7-year-old boy was hit by the propeller of a boat at Pepper Park, causing his death.

The incident occurred in the 3200 block of Tidelands Avenue at the Pepper Park in National City. The operator of the 18-foot motorboat was attempting to maneuver it into the dock and was unaware the boy was in the water.

According to National City Police, the 7-year-old boy, his father, and two men were onboard on their way back from fishing. The father and son jumped in the water for unknown reasons. It is believed the boy was not wearing a life jacket, so it is unclear whether he was visible to the operator.

The boy was transported to Rady Children's Hospital, where he was later pronounced dead. The vessel was examined by the San Diego Harbor Police.

Boating Liabililty

If it is determined that the boat operator was negligent in his operation of the vessel, then the family of the decedent may be able to pursue a wrongful death claim for their damages.

Vehicle Crashes Into City Water Truck - One Seriously Injured

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10news.com recently reported that a car crashed into a city water truck on August 9, 2012, causing the the woman driver to sustain serious injuries.

The incident occurred in the 5000 block of College Avenue in San Diego. A woman in a Volkswagen Jetta was driving northbound when she rear-ended a water truck which was stopped in a traffic lane.

According to San Diego Police Officer Dino Delimitros, the 27-year-old woman was transported to a local San Diego hospital with a head injury and a broken femur. It was also alleged that she was driving under the influence at the time of the incident.

City Liabiity Issues

If it is determined that the City water truck is liable for the incident, then the City Of San Diego may have a claim filed against it for the recovery of personal injury damages the woman sustained.

If the woman is found to have been driving under the influence of alcohol, then the damages she might possibly obtain could be offset by her comparative liability.

San Diego Woman Struck & Killed By Van

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8-15-12.gifRancho San Diego - It was recently reported that an 83-year-old woman was struck and killed by a van on August 13th at approximately 6:30 p.m. The unfortunate incident occurred in the 10800 block of Calle Verde in the Rancho San Diego area. The 83-year-old woman was attempting to cross the block with her 77-year-old companion, when a Chevrolet Express 3500 hit them.

According to the Medical Examiner's Office, the 83-year-old woman was taken to a nearby park were she passed away before the arrival of an air ambulance. Her companion was taken to a local hospital for the treatment of serious injuries.

It was reported that the 55-year-old male driver may be at fault for the incident; however, authorities are still conducting their investigation.

Wrongful Death Liability

A wrongful death claim is a suit that arises from the death of an individual that was caused by the negligent, reckless, or malicious conduct of another. A wrongful death suit is different than other types of personal injury claims, because the victim (the "decedent") is not bringing suit, but rather, the victim's family members or estate bring the suit.

As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim.

Legal Rights For Wrongful Death Claimants

There may be many legal issues to be dealt with in the aftermath of this unfortunate incident. The victim's family is in a difficult situation and may need guidance and support. We understand that no amount of money can make up for the loss of a loved one; however, a wrongful death attorney can help the family achieve financial security, so that they can focus on recovering from their loss.

Northern San Diego County Traffic Accident - One Woman Killed

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10news.com recently reported that a traffic accident in Vista caused the death of a 91-year-old Bonsall woman. The unfortunate incident occurred at the intersection of Fairview Drive and Gopher Canyon Road in Vista, California. The vehicle in which the 91-year-old woman was a passenger turned directly into the path of an oncoming vehicle.

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According to the Medical Examiner's Office, the woman suffered head injuries that led to her death. She was pronounced dead at Palomar Medical Center in Escondido.

Wrongful Death Liability

A wrongful death claim is a lawsuit that arises from the death of an individual that was caused by the negligent, reckless, or malicious conduct of another. A wrongful death suit is different than other types of injury claims, because the victim is not bringing suit, but rather, the victim's family members or estate bring the suit.

As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim.

Legal Rights For Wrongful Death Claimants

There may be many legal issues to be dealt with in the aftermath of this unfortunate incident. The victim's family is in a difficult situation and may need guidance and support. We understand that no amount of money can make up for the loss of a loved one; however, a wrongful death attorney can help the family achieve financial security, so that they can focus on recovering from their loss.


Pickup Truck Crash On Interstate 8 In San Diego - Two People Killed

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Alpine crash 8-16-12.jpg10news.com recently reported that a pick-up truck crashed off of Interstate 8 in the Alpine area on August 16th, causing the deaths of two men.

According to the California Highway Patrol, the Ford Ranger was traveling westbound on Interstate 8 at about 70 mph. The pick-up truck crashed into a large oak tree after swerving abruptly to the right near East Victoria Drive.

Both the driver of the Ford Ranger and his passenger died at the scene. No other vehicles were involved in the accident, according to the CHP.

Wrongful Death Claims

Wrongful death cases can be litigated under several different theories of law, depending upon the circumstances surrounding the decedent's death. However, most wrongful death cases involve accidents caused by negligence. Negligence occurs when a person or business entity fails to exercise due caution to prevent a foreseeable risk of harm to another person.

Some wrongful death cases involve common carriers, such as airlines, bus or cruise lines, or rail companies, who are held to an even higher standard of care than defendants in traditional negligence cases in preventing injury or death to passengers. In addition, if the death was the result of a defective product or from poorly maintained premises, the case may be argued under an alternative legal theory.

Negligence

Negligence is defined as the failure to use reasonable care to avoid a foreseeable harm to another person. If an individual or business entity's negligence causes the death of someone to whom that person owes a duty of care, he, she, or it may be liable for damages resulting from the person's death. In order to prove to the judge or jury that the defendant was negligent in your wrongful death claim, you must demonstrate all of the following:

1. That the defendant owed the deceased a duty of care.

2. That the defendant breached that duty of care by failing to prevent a
foreseeable risk of death.

3. That the defendant's breach of duty caused the decedent's death.

4. That there are monetary damages resulting from the death.


Roll-Over In Brawley - Four People Injured ~

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8-27-12.jpgAugust 22, 2012 - A 56-year-old and three male teenagers were injured after the 2004 Jeep Grand Cherokee they were traveling in overturned on the open desert. According to the Desert News report, the 56-year-old driver was driving his Jeep on Huff Road, south of Imler Road, at about 40 mph. The driver drifted over to the dirt shoulder. When he tried to get his vehicle back onto the roadway, he lost control of the vehicle and it subsequently overturned.

The 56-year-old driver sustained minor injuries and was not taken to the hospital. One of the 16-year-old boys suffered moderate injuries and was treated at Pioneers Memorial Hospital. A 17-year-old boy was taken to Desert Regional Hospital by air ambulance, and the third teenage boy (age 16) was transported to Pioneers Memorial Hospital by Cross Ambulance.

Damages In Brawley Auto Crash Cases

Damages available to injured victims include compensation for the following:

• Medical care and treatment

• Pain and suffering

• Lost earnings, and

• Diminished quality of life.

Work Place Safety Tips

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The following is a guest blog from Ginarte, O'Dwyer, Gonzalez, Gallardo & Winograd

For some people, safety at work is just part of the day-to-day routine. Construction workers, for example, are well aware of the day to day accidents that accompany the position. Firefighters, police officers, and a range of other workers know that some element of danger comes with the territory, and most take safety on the job very seriously. It's much easier for people who work in seemingly safe environments like offices to ignore issues of workplace safety. However, even the safest seeming work space can still have a number of hazards, so safety precautions are vital regardless of where you work.

Many workers believe that safety simply isn't an issue, but the statistics don't support that claim. The Bureau of Labor Statistics reported that in 2010 there were 3,063,400 cases of non-fatal work-related illnesses or injuries, 933,200 of which required days of which required days away from work. In the same year, there were 4,690 reported fatal work-related injuries. Those numbers come from both the private and public sectors and include falls, homicides, and highway incidents.

EHS Today put together a list of the Top 3 Myths about Workplace Injuries. In the list, they hammer home the idea that no work environment is inherently hazard-free, but they also suggest that there are steps that can be taken to ensure a safe work environment. Here are the myths they think every worker should be aware of:

Myth #3 - You cannot create a hazard-free workplace - It is shocking how many people believe that no workplace can be made free of hazards. We had one person tell us that it just isn't possible to have a workplace without hazards so he might as well lock the front door to the manufacturing plant where he was the safety director.

Myth #2 - Being safe takes too much time and money - When people say that it takes too much time or money to be safe, they obviously don't understand the power of a cost/benefit analysis.

Myth #1 - Accidents just happen - Research shows that over 99 percent of all accidents are preventable. If you think that accidents just happen, then what allows you to drive down the road, walk down the sidewalk or even live in your home without great fear?

While work safety should definitely be a concern of management, maintenance teams, and others who are tasked with running businesses and managing worksites, employees must also take an active role in workplace safety. Sure, you want to make sure your own workspace is hazard free, but it's important to keep yourself of fire safety procedures and any other safety-related programs that must be followed at your place of business.

Many Americans spend more time at work than anywhere else (even home is some cases). This means that workplace safety should be a priority for anyone who gets up goes to work every day. In some cases, there are just a few steps that need to be taken to ensure that you and those you work with can do your jobs in a hazard-free environment.

San Diego Woman Injured In Motorcycle Accident ~

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POINT LOMA HEIGHTS - A woman riding her motorcycle was recently injured after being struck by a vehicle, reports NBC San Diego. According to the news report, the female motorcyclist was struck by a woman in her forties driving a Mercedes. The accident occurred at the intersection of Catalina Boulevard and Coronado Avenue in San Diego, California.

The victim was taken to UCSD Hospital in Hillcrest for treatment. She is currently in critical condition with life-threatening head injuries.

Tips For Preventing Motorcycle Injuries

  • If you ride a motorcycle, always wear a helmet. A helmet is your best defense against serious and fatal brain injuries.

  • In addition to your helmet, wear eye and face protection. Many helmets have built-in visors or face guards. Wear long pants, gloves, boots, and a durable long-sleeved jacket.

  • Get licensed. All states require a motorcycle license.

  • Never drink alcohol before operating a motorcycle.

  • Follow all the rules of the road and don't speed - forty percent of motorcyclists who died in crashes were speeding.

  • Watch for hazards on the road, such as bumps, large cracks, and holes.
  • Motorcycle Crash Liability

    After a motorcycle accident, or any other event involving serious injury or the wrongful death of a loved one, it is important to work with a law firm that specializes in personal injury and motorcycle accidents. Unfortunately, people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible.

    Escondido I-15 Crash ~ One Killed

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    wrongful death casket.jpgESCONDIDO - A 34-year-old woman was killed after the speeding pick-up truck she was riding in as a passenger veered off Interstate 15, reports 10 News. According to the California Highway Patrol, the incident occurred on northbound Interstate 15 near Gopher Canyon Road at about 5 p.m. on Sunday, September 9th. The 2007 Nissan Frontier pick-up truck rolled several times before landing on its wheels.

    The victim was ejected from the vehicle and died at the scene, It was reported that she was a rear-seat passenger in the truck. The driver and the front seat passenger both suffered moderate injuries and were transported to Palomar Medical Center for treatment.

    Wrongful Death Liability

    A wrongful death claim is a suit that arises from the death of an individual that was caused by the conduct of another. A wrongful death suit is different from other types of personal injury claims because the actual victim (the "decedent") is not bringing suit, but rather, it is the family members or the decedent's estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim.

    Helpful Tips For Plaintiffs Involved In Automobile Accidents ~

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    Have you been involved in an automobile accident? Are you at fault? Are you unsure about what you should do (or should have done) in order to preserve your rights in dealing with the other party's insurance company?

    Or are you the victim of another person's negligence? Did someone else cause damage to you and your vehicle?

    Below is useful information to assist you with your accident claim.

    What You Should Do After An Auto Accident Caused By Another's Negligence

    What information should I obtain?

    When should I contact an attorney?

    Should I contact my own insurance company?

    Should I go to the doctor?

    Is there anything special I should tell my doctors?

    Do I need to take pictures of the accident scene?

    Per The FDA, No Deaths Linked To Energy Drinks ~

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    The Food & Drug Administration recently announced that it doesn't have enough evidence to regulate energy drinks despite dozens of reports that link the drinks to consumer deaths. Despite the fact that high-caffeine energy drinks have been cited as a contributing factor in eighteen deaths in reports filed with the FDA in recent years, the FDA claims there is not enough scientific evidence to justify regulating the popular beverages.

    According to the director of the FDA's Division Of Dietary Supplement Programs, reports regarding serious health issues linked to energy drinks are filed by the manufacturers themselves. These reports often contain insufficient information to determine that the drinks played a role in the injury or death.

    In 2009 alone, there were 13,000 emergency room visits connected with energy drinks, according to the Substance Abuse & Mental Health Services Administration. Lawmakers have urged the FDA to tighten regulations on energy drinks, but the agency has not yet done so.

    For more information regarding personal injury cases, contact Kerckhoff Law, APC at (866) 606-3059 or click here.

    The Top Ten Ways To Prevent A Car Accident In San Diego Or El Centro ~

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    The following advice is given in an effort to assist drivers while on the road, in order to avoid accidents:

    1. Avoid using the "fast lane." By using the center or right lane on multi-lane roads, you have more "escape routes" should a problem arise suddenly that requires you to quickly change lanes or pull over onto the shoulder. Most highway accidents occur in the left lane. Furthermore, you are more conspicuous to the highway patrol if you are in the "fast lane."

    2. Scan the road ahead. Don't just eyeball the car in front of you, but watch the traffic in front of that car as well. This increases your chance of seeing a problem while still having enough time to react to it. It decreases your chance of rear-ending the vehicle in front of you should they make a sudden stop.

    3. Get racecar driver control of the wheel. Another trick to maintain control of the wheel is to move your seat close enough to the steering wheel so that your wrist can rest on the top of the wheel with your arm outstretched and your back against the seat. This not only ensures your arms won't easily fatigue, but they'll be in the optimum position for some last-minute evasive maneuvers.

    4. Judge a driver by the car's condition. If a car's condition indicates an inattentive owner because of dirty windows or body damage, it could easily suggest an inattentive driver, too. Also, a vehicle drifting in its lane often signifies a tired, drunk, or cell phone-preoccupied driver -- so you should move away from that vehicle.

    5. Beware of blind spots. Yes, adjust your rearview mirror and side mirrors to provide you with a nearly seamless panoramic view of the area behind you, but don't solely rely on them. Actually turn to look directly into the lanes beside you to avoid missing something left undetected by your mirrors. Also consider the blind spots for other drivers around you, especially truckers, and try to minimize the amount of time you spend in them.

    6. Drive with your hands in the 9 and 3 o'clock positions. Instead of the typical way in which people drive with one hand at 12 o'clock, or both hands resting at the bottom of the steering wheel, this recommended position facilitates maximum vehicle control when you're forced into quick maneuvering to avoid a potential car crash.

    7. Know your vehicle's limitations. Pay attention to how your vehicle reacts in certain situations: if the vehicle leans a lot when rounding corners, this means that wrenching the wheel at high speeds to avoid an accident can be a scary proposition. It is also wise to be familiar with the limits of your car's brakes and tires. How long does it take to stop when you apply maximum pressure? How much grip do your tires have? If you replaced your vehicle's stock tires with a cheaper set, chances are you've reduced its braking and handling capability.

    8. Keep your car in good shape. Try to stick to the manufacturer's recommended maintenance schedule for long-term care. This ensures that your vehicle will steer, accelerate, and stop when necessary. Reconsider the wisdom of "getting another 1,000 miles out of old tires." If you encounter an unexpectedly slick road, you may find your vehicle encountering the guard rail.

    9. Night time is not the right time. Some people like to travel at night to avoid traffic, but with it comes certain hazards. In addition to your own increased fatigue and decreased field of vision, you need to be aware of joyriding teens and drivers who may be tired or drunk. Drive extra-defensively around the witching hour, after midnight when some people are leaving bars, parties, or sports arenas. And for goodness' sake, don't drive down a dark road with burned-out headlights or taillights.

    10. Learn how to drive a racecar. It may sound frivolous, but attending a high-performance driving school is one of the best ways to improve your skills as a driver. You'll learn what it feels like to drive a car "at the limits" and have an opportunity to practice accident avoidance maneuvers and skid recovery in a safe, controlled environment. Understanding how to operate your vehicle in emergency situations could save your life.

    None of these are surefire ways to prevent a car crash. You are only in control of what you do behind the wheel, not what your fellow drivers do on the road. Take responsibility when you drive and focus on the task at hand. It's not a time to return phone calls, shave, text, or log into your e-mail account. Driving isn't a mindless activity - it's an exercise in self-restraint, self-defense, and self-preservation.


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