2010 August Archive

Two people died in a South Bay car crash when their car‚ probably a red Mustang‚ ended up in the north bound lanes of Interstate 5 (I-5) at State Route 54 (SR-54) around 4:10 p.m. on August 23‚ 2010.  According to California Highway Patrol officer Jesse Udovich‚ the car went over the side of an interchange ramp and then fell to the freeway below.

One victim in the car was pronounced dead at the accident scene‚ while another was transported to a nearby hospital for treatment where he later died. The freeway lanes remain closed for about 45 minutes after this fatal auto accident.  Udovich said that they are investigating the cause of this car crash on the basis of information provided by the eyewitnesses. If bad road conditions lead to this accident‚ the authorities responsible for maintenance of the road may be held liable for compensation to cover the cost of funeral of the deceased‚ loss of love and companionship‚ loss of earning‚ cost of treatment of injuries of injured‚ cost of hospitalization and other related damages. The victims or their families should consult with an experienced San Diego personal injury attorney who can advise them about their legal rights and options.

We offer our sincere condolences to all those who knew and loved the motorists who lost his lives in this tragic car wreck.

Ross Jurewitz is a San Diego car accident attorney and the managing lawyer of the Jurewitz Law Group‚ a California law firm dedicated to representing families of people killed in a traffic accidents.  If you or a loved one has been killed or injured in an auto accident in California‚ please order your free copy of Mr. Jurewitz’s book‚ The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is full of helpful information that will help you protect your legal rights and it is free to all California residents.

The Los Angeles area railway system‚ Metrolink‚ has agreed to offer the maximum amount under law to the victims of the 2008 railroad accident which injured 135 people and left another 25 dead after its’ operator was busy texting while driving and crashed the train.  Unfortunately‚ under federal law‚ Metrolink–like other railroad companies–cannot be held liable for personal injury damages in excess of $200 million.  Although this amount is not an insignificant amount of compensation to those injured and the family of those killed‚ it is inadequate in this case given the severity of injuries and the number of people affected.

Damage caps always seem like a good idea when they are enacted.  They are intended to keep the cost of negligent acts down and protect society from high verdicts and settlements.  However‚ the amount‚ no matter how high‚ is always arbitrary and selective and is not a "one size fits all solution."  There is always a case–as it is here–where the amount is unfair.

The plaintiffs’ attorneys representing the families of the victims are extremely upset with the offer.  Both Metrolink and Connex/Veolia‚ who makes the train itself‚ are multi-billion dollar companies.  Yet‚ both have been afforded nearly 2 years to reach a settlement that allows for the additional protection provided by the federal damage cap.

The plaintiffs’ attorneys place the value of all the claims between $400-600 million.  In other words‚ due to the damage cap protection‚ the victims of this accident must be forced to accept a 50-66% discount in the compensation to which they are otherwise entitled.

The settlement requires court approval.  However‚ if it is approved‚ the plaintiffs will be forced to release all their claims against Metrolink‚ Connex/Veolia‚ and the various contractors and subcontractors involved in this accident.

Ross Jurewitz is a Los Angeles personal injury attorney and the managing lawyer of the Jurewitz Law Group‚ a California law firm dedicated to representing families of people killed in a wrongful death accident.  If you or a loved one has been killed or injured in a railroad accident in California‚ please order your free copy of Mr. Jurewitz’s book‚ The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is full of helpful information that will help you protect your legal rights and it is free to all California residents.

Personal injury trials are expensive‚ lengthy‚ and require a tremendous amount of resources from lawyers to the court to jurors.  Finally‚ California may be on the verge of adopting another useful tool in the system to speed through certain cases to trial.

The legislature has enacted the Expedited Jury Trials Act‚ AB 2284‚ which provides several improvements that‚ for the right case‚ will speed up the trial process by allowing for:

1. An eight person or smaller jury where six jurors need to agree on each element of the verdict
2. A three-hour time limit for both sides to present their case cases
3. A "high-low" damage agreement that sets a "floor" and a "ceiling" for the damages that a jury can award

In the last year‚ civil lawsuit filings in California have increased more than 10 percent from 2009 to 2009–partly a sign of the increasingly stingy offers from insurance companies to settle legitimate claims prior to litigation. The law is supported by both the California plaintiffs and defense bars in a rare sign of solidarity and is modeled after systems in New York and South Carolina.

Ross Jurewitz is a personal injury attorney in San Diego and the managing lawyer of the Jurewitz Law Group‚ a California law firm dedicated to representing families of people killed in a wrongful death accident.  If you or a loved one has been killed or injured in an auto accident in California‚ please order your free copy of Mr. Jurewitz’s book‚ The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is full of helpful information that will help you protect your legal rights and it is free to all California residents.

Houston‚ Texas maritime lawyer Brian Beckcom recently wrote an article in Texas Lawyer Magazine arguing that the Fairness in Admiralty and Maritime Law Act (FAMLA) may move into the modern era when it comes to protecting offshore workers such as the eleven workers who died on the BP Deepwater Horizon oil platform.  The change created by FAMLA would allow for the families of deceased workers to collect for the pain and suffering they felt prior to dying in the workplace.

FAMLA amends the Death on the High Seas Act (DOTHSA) of 1920 and repeals the Limitation of Liability Act of 1851 (LOLA) by permitting dependents to collect non-pecuniary damages as a result of their death on international waters.  DOTHSA and LOLA are currently the primary laws used to determine the economic recovery for grieving families who have lost loved ones while working aboard ships and oil derricks.

According to Beckcom‚ DOHSA fails to provide adequate remedies because if the worker does not have any dependents‚ then the surviving parents cannot collect any compensation for the loss of their child.  In addition‚ LOLA has outlived its’ original purpose because it limits the vessel owner’s liability to the value of the vessel with its’ then pending freight at the time of the casualty‚ unless the vessel owner has knowledge of the circumstances that led to the tragedy.  LOLA was written when ship owners had vessels on the other side of the world delivering cargo where news traveled in terms of days‚ weeks‚ and months rather than seconds and minutes.

By enacting FAMLA‚ the families of injured and deceased workers would still be able to receive compensation where their loved ones did not suffer any monetary loss in terms of medical care or lost earnings.  FAMLA also brings maritime law more in line with common tort and personal injury law.  Future maritime injuries would be treated in a much more straightforward manner.

The importance of FAMLA to San Diego workers cannot be understated.  The same restrictions which hinder injured workers on fishing vessels and shipping tankers in Texas apply to Southern California workers working in the Pacific Ocean.  Californians who have had family members injured or killed while working on the high seas should contact the San Diego maritime accident attorneys at the Jurewitz Law Group to consult with a trained workplace injury lawyer.

If you are in Texas or a oil-rig or shipping employee who has suffered a serious injury‚ please contact Brian Beckcom.  He is a founding partner at Vujasinovic & Beckcom and is board certified in personal injury law by the Texas Board of Legal Specialization.  He is an accomplished writer and expert in Maritime legal issues.  He can be contacted through his website at www.MaritimeAccidentAttorney.com.

Four San Diego men were among the eight people killed in a San Bernardino County truck accident during an off-road race on August 14‚ 2010‚ when an off-road truck driven by a San Marcos man‚ Brett M. Sloppy‚ jumped off a dirt jump and crashed into the crowd.  The four men were identified as Brian Allan Wolfin and Anthony Sanchez of Escondido‚ Aaron Farkas‚ and Michael Dickinson from Spring Valley.

Sloppy‚ who owns Misery Motorsports and is a parts fabriator and welder for off-road vehicles‚ wrote on his Facebook page that he is "incredibly lost and devastated my thoughts and prayers go out to the families and friends involved."  One of his victims‚ Wolfin‚ leaves behind a 1-year-old daughter and 5-year-old son.  Another‚ Dickinson‚ was survived by his 3-year-old son and 3-month-old daughter.

The off-road accident happened during an organized event on Saturday evening at the "California 200" off-road race being legally held on a State Park‚ the Johnson Valley Off Highway Vehicle Park‚ just north of Big Bear in a dry lake bed.  The collision happened because spectators were gathered along a stretch of the race course and were crushed when Sloppy’s pickup truck went off the course and rolled over.

This is one of the most tragic auto accidents we have heard of in a long time‚ particularly because it was completely avoidable.  The most immediate question is why were the spectators allowed to cluster so close to the race track without any safety precautions.  The families of the victims‚ whether they were injured or killed‚ should consult with an aggressive San Bernardino County personal injury lawyer to investigate all the parties responsible for this accident‚ including the race promoter‚ the safety and security contractors‚ and the State for granting the permit without adequate precautions in place.

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A driver believed to have been driving under the influence of alcohol drove into a La Jolla restaurant on the evening of August 15‚ 2010‚ seriously injured four people as a result of this San Diego drunk driving car accident.

According to police‚ three children and an adult were severely hurt when the car jumped the curb and crashed into Cass Street Cafe and Bakery on the 5500 block of La Jolla Boulevard in Downtown La Jolla.  The auto accident happened at about 7 p.m.  Traffic was diverted around Forward Street and La Jolla Boulevard.  The intoxicated driver was uninjured and was arrested at the scene.

We hope that the injured kids and the other adult recover from their injuries as soon as possible and that they do not suffer any long term consequences due to this accident.  If it is found that the driver was indeed driving under the influence of alcohol or drugs‚ he could be prosecuted for felony DUI pursuant to California Vehicle Code section 23152(a).  We hope that the driver is prosecuted to the fullest extent of the law.  It is completely inexcusable for someone to not only drive while intoxicated but also to so carelessly drive through the front of a restaurant.

The injured adult and the parents of the children would be well advised to consult with an experienced San Diego personal injury attorney to determine their legal rights and seek assistance receiving compensation to pay for medical bills and lost wages as a result of their injuries.

At least six people were killed and twelve others sustained injuries in a fatal traffic collision near Bishop on August 10‚ 2010‚ that involved a van carrying athletes from California Baptist University in Riverside and Cathedral High School in San Diego.

The van was one of three vehicles heading northbound on U.S Highway 395 about five miles from Bishop.  A Ford SUV travelling in the opposite direction lost control and struck one of the vans at around 8:00 p.m.‚ causing both vehicles to  burst into flames.

The second van travelling behind the northbound van avoided the original collision but the vehicle right behind it struck the burning SUV. Five passengers in the SUV along with one in the van died in this fatal crash. We express our deepest condolences to all those who lost lives in this fatal motor vehicle accident. We also hope and pray that the injured victims recover to their complete health soon.

A lot of effort‚ time‚ and money go into making young athletes and into our nation’s assets. It is unfortunate that this auto accident has caused irreperable damage to their families‚ universities‚ and teammates. The investigation should be completed soon to determine whether the SUV driver is at fault. It is possible that he was driving under the influence of alcohol or was distracted so that he lost control of his car. The families of the deceased and injured passengers should get in touch with an experienced personal injury lawyer who may hire his own private investigators to verify the facts of the official investigation and determine whether other facts exist to determine which driver or drivers were at fault for causing the accident. The families may be entitled for compensation to cover the cost of funeral expenses‚ the cost of medical treatment for the injured‚ loss of earnings‚ loss of love and companionship‚ and other related damages.

Ross Jurewitz is one of the San Diego personal injury attorneys and the managing lawyer at the Jurewitz Law Group‚ a California law firm dedicated to representing people seriously injured and the families of people killed in an injury accident.  If you or a loved one has been killed or injured in an auto accident in California‚ please order your free copy of Mr. Jurewitz’s book‚ The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is full of helpful information that will help you protect your legal rights and it is free to all California residents.

Quite often‚ personal injury lawyers and trial attorneys are blamed by various tort reform groups and corporate interests as harmful to society.  They argue that lawyers are leeches and take from their clients without giving anything good back to the community as a whole.

However‚ reality is another thing entirely.  When individuals and businesses act carelessly and recklessly and injure other people‚ it is often personal injury attorneys who are on the front lines representing the victims and trying to help them get back on their feet and made whole.  They hold BP‚ Goodyear‚ Toyota‚ and Ford accountable when their products damage the environment and cause numerous injuries.  Meanwhile‚ corporate interests and misguided lobbyists do much to hurt the public all in the name of trying to curtail trial lawyers’ ability to obtain damages.  Case in point:  California’s MICRA law which limits damages in medical malpractice cases to $250,000 for pain and suffering.  This amount has not changed in 35 years‚ despite the fact $250,000 has much less value due to inflation.

The Consumer Attorneys of California (CAOC) produced a fantastic video describing all the good injury accident lawyers do for the public.  Enjoy and‚ please‚ pass it along!

A World Without Lawyers – Watch the top videos of the week here

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A dock along Mission Bay at the Bahia Resort in San Diego collapsed on Saturday‚ July 31‚ 2010‚ at 9:30 p.m.‚ sending over 100 people into the water and causing several to fall into the shallow three feet of water below.  Several suffered injuries and had to receive medical treatment due to this San Diego premises liability accident.

The people were waiting for the Bahia Belle‚ a ship that travels around Mission Bay and takes off from the West Mission Bay Drive location.

According to witnesses‚ three separate pillars snapped one after another.  People were sent into water and then others rushed out quickly.  Thankfully‚ the collapse happened in the shallows near shore.

San Diego Fire Department personnel reported that four people needed medical treatment and one was taken via ambulance to Scripps Mercy Hospital for treatment of their injuries.

As of August 3‚ the Resort had begun investigating why the dock collapsed.  While the dock is owned by the Bahia Resort‚ a subsidiary of Evans Hotels‚ the land on which the resort is located is leased from the City at a cost of $1.1 million per year.  Provisions in the lease excuse the City from any liability‚ but fails to require any specific timeline for inspections by City.  The City is not conducting any investigation itself.

In the meantime‚ the Bahia Belle is docked temporarily at the nearby Catamaran Hotel.  Evans Hotels will be submitting plans to build a new dock‚ subject to approval by the City.

If you or a loved one has been injured or killed due to a dangerous condition on private property‚ please contact the San Diego slip and fall accident attorneys at the Jurewitz Law Group at 888-233-5020 for a free consultation.