Live help by Velaro

Practice Areas

Blog

Auto, Motorcycle and Truck Accidents

• Can Texting While Driving Be Treated Medically? | San Diego Lawyer Att
  Jun 15, 2010

  A recent essay in The New England School of Medicine suggests that doctors should begin asking their patients whether they drive while texting or talking on a mobile phone.  The doctor, Dr. Amy Ship, reports that family physicians routinely ask patients whether they engage in dangerous or risky behavior such as smoking, watching their diet, or remembering to fasten their seat belt.  Dr. Ship believes that asking about distracted driving should be incorporated into these risk questions.
  
  Distracted driving--whether by talking on a cellphone or texting while driving--is certainly a problem, particularly amongst teenagers and inexperienced drivers.  That is why our San Diego personal injury law firm helps sponsor the Teens Against Distracted Driving program where teenagers and their parents can take a pledge not to text and drive. 
  
  But can asking regarding dangerous behavior be effective to making patients safer?  Is it the place of medical doctors to take on the issue of texting while driving as a preventative medicine issue?  Is it too much of an intrusion into individual behavior to have primary car physicians ask about their patients' personal behavior which is not medically related?
  
  Dr. Ship takes the position that any efforts to keep patients safer and alive is fair game for medical doctors.  She herself initiates the conversation by letting her patients know that texting and talking on the cellphone causes more auto accidents.  She then tells them that multitasking when talking on the cellphone is obviously dangerous, otherwise patients would not mind if their surgeon spoke on the phone while operating on them.
  
  Anything to increase awareness of the problem of distracted driving helps. - 1 - 10

• Motorcycle Accident Deaths Plunge | San Diego CA Injury Lawyer Attorne
  Apr 24, 2010

  A report issued by the Governors Highway Safety Association found that the total number of fatal motorcycle crashes declined by 16% in the first nine months of 2009, compared to the same time in 2008. Motorcycle accidents have been rising steadily for nearly a dozen years before setting a record in 2008.
  
  There is no clear explanation for the drop in fatal motorcycle accidents in 2009, only a year after the record of 5,290 motorcycle fatalities was recorded in 2008. Some have speculated that the economy was keeping motorcyclists off the road and pointed to a 42% decrease in new motorcycle sales. The theory is that there were fewer novice riders on the road and that publicity about motorcycle deaths had increased awareness both amongst motorcyclists and motorists about motorcycle safety.
  
  California experienced 133 fewer motorcycle fatalities during the early months of 2009. Overall, the report projects that the annual fatality decline amongst motorcycle riders will be 10% for all of 2009.
  
  Federal statistics show the number of motorcycle fatalities had steadily increased for over 10 years ending in 2007. However, the data released Thursday demonstrates that several efforts to reduce the number of deadly motorcycle crashes have perhaps worked. For instance, the study authors believe that the recommendation for mandatory helmet use amongst motorcyclists placing the second part in reducing the toll number of deaths from motorcycle wrecks. In addition, the authors believe that decreasing the number of people who ride after drinking alcohol, reducing the instances of speeding, and providing additional training for motorcyclists will further reduce the number of deadly accidents. Riding at excess speeds or under the influence of alcohol were determined to be factors in a significant number of motorcycle crashes. In addition, approximately half of all motorcyclists and their passengers who died in wrecks were not wearing helmets.
  
  This decrease in California motorycyle accidents is good news to our office. There is not a week that goes by where we hear stories of someone who has seriously injured themselves in a motorcycle accident and will now face months, if not years, of rehabilitation to get better. If there is anything that motorcyclists can do, within reason, to remain safe, they should do so. Riding a motorcycle is a lot of fun, but is also extremely dangerous. - 2 - 10

• Progressive Insurance--"We'll Pay Your Client's Medical Bills but That is All..."
  Dec 27, 2009

  Insurance companies and tort reform advocates often argue that plaintiff injury accident lawyers and their injured clients are running up the cost of car insurance and generally making it more expensive for all Americans to live.  Not true.  This is a story of a recent interaction we had with Progressive Insurance which demonstrates that insurance companies and their unreasonable positions are largely to blame for the increasing cost of auto insurance.
  
  We recently submitted a demand package on behalf of a client who was injured after being rear-ended at a stop sign.  Simple case with no liability dispute and limited and reasonable medical treatment for a few weeks to care for our client's sore back and neck. 
  
  Our client's medical treatment totalled approximately $6,000.  Progressive Insurance's offer was $6,500 on a take it or leave it basis.  They would offer no more money.
  
  Fine.  Although Progressive and other insurance companies think they are the final decision makers as to the value of personal injury cases in California, they are not.  Juries here in San Diego and elsewhere throughout the State are the ones who ultimately must decide what a case is worth and how much compensation the injured victim will receive.  In these cases, we immediately file a lawsuit and serve the defendant with a copy of the complaint, summons, and a letter which nicely explains that we are sorry to involve them, but their insurance company refused to deal with our office fairly.  Now the defendant will spend time at deposition and ultimately at trial while Progressive Insurance will spend more defending the lawsuit than it would take to settle the claim--and then they will still have to pay the jury's verdict.
  
  And somehow plaintiff's lawyers and their clients are blamed for increasing auto insurance rates.  Go figure. - 3 - 10

Child Injuries

• Graco Recalls Baby Strollers | San Diego CA Child Injury Lawyer Attorn
  Jan 23, 2010

  Graco has announced the recall of certain Passage, Alano, and Spree strollers and travel systems after several children had suffered hurt fingers in the canopy hinge.  The injuries resulted in the amputation of five fingertips and two lacerations according to the Consumer Product Safety Commission (CPSC).
  
  Families were warned not to use the stroller until they received a free protective cover kit for the canopy from the company.
  
  
  
  The Graco strollers were sold at a number of stores including Burlington Coat Factory, Walmart, Target, Sears, and Kmart between October 2004 and December 2009.  Not all Graco strollers were recalled because they did not include the defective hinge.  Please check this notice from the CPSC to make sure that your model number is on the recall list before acting.
  
  In order to order a stroller hinge repair kit by calling Graco's consumer service line at 800-345-4109 or order online . - 4 - 10

• Recall of Dorel Asia Cribs | San Diego CA Children Injury Attorney Law
  Jan 23, 2010

  In the second majory recall of baby cribs in three months, Dorel Asia Cribs issued a recall of over 600,000 cribs due to threat of strangulation and suffocation.  The cribs feature enough space for a child's head to become stuck and cause the airway to be cutoff, leading to death or serious brain injury.
  
  Dorel cribs have been available in the United States since 2005.
  
  
  
  Reportedly, at least one baby has died and at least six other babies have been injured by the Dorel cribs.
  
  In November, the Consumer Product Safety Commission (CPSC) announced a recall of Stork Craft cribs which affected over one million drop side cribs in the United States for the same reasons.
  
  To obtain more information about the Dorel Asia Crib recall, call their customer service representatives at 866-762-2304. - 5 - 10

Office Announcements

• San Diego Personal Injury Attorneys Move Downtown Office | CA Lawyers
  Jul 19, 2010

  Our main personal injury law office has recently relocated to 625 Broadway, Suite 1104 in Downtown San Diego.  The building, which is commonly known as the Historical John D. Spreckels Building, is one of the older office buildings Downtown and for three years was the tallest building in San Diego.
  
  However, the most interesting aspect of the building is that it was built by one of San Diego’s leading founding fathers and one of the most interesting businessmen, John D. Spreckels.  John Diedrich Spreckels was a true businessman with a grand vision for San Diego and its’ place as a major city in the United States.  He was a savvy investor and conducted many projects to help build the city of San Diego to be as wonderful as it is today.
  
  Born in South Carolina, Spreckels moved to New York and then San Francisco where he grew up. Coming from a family line of sharp business developers, including major interests in the Hawaiian sugar trade, Spreckels naturally made a lasting career out of being an entrepreneur. He is credited for helping to transform San Diego intto a beautiful metropolitan city by founding a railway system as well as hundreds of business buildings. The San Diego and Arizona Railway and the Hotel Del Coronado are just two of the most notable infrastructure landmarks that gave rise to the City’s modern development.
  
  On a visit to San Diego from San Francisco, Spreckels was impressed and saw potential in the real estate of San Diego. He fell in love with the sleepy, but bankrupt coastal fishing village, and started his investment in Downtown San Diego along Broadway  (known as D Street at that time) by purchasing and developing the wharf and dock at the foot of Broadway and San Diego Harbor.  He soon spent his entire life building an empire of business buildings in and around the city.
  
  After the 1906 San Francisco earthquake, Spreckels and his family moved permanently to San Diego where he quickly become  known as the wealthiest man in town. He invested millions of dollars into the city and its’ development.  He was the owner of properties such as Coronado Island, Belmont Park, the Union Building, The John D. Spreckels Building, Spreckels Theater, and many other well known structures. Thousands were employed because of him and he was president of various companies that were critical to the growth of San Diego as an important port and metropolitan area in California.
  
  One of Spreckel’s most notable achievements was the development of the San Diego Electric Railway system. He was able to give citizens quick, cheap, and reliable transportation from all over San Diego.  This was the first of any form of mass transportation in the city. Many of his buildings still stand today and tell the story of a large part of our city’s history.
  
  John Spreckels was truly a very interesting and accomplished founding father for San Diego It is a great honor to have the Jurewitz Law Group’s office located inside such a prestigious and historic building built by such a great man. - 6 - 10

• Follow the Jurewitz Law Group on Twitter
  May 17, 2009

  Do you want to know what our San Diego personal injury attorneys are up to? Want to know of important news regarding San Diego? Want to know about important developments in the law, particularly concerning accident victims and the public?
  
  You can now follow the Jurewitz Law Group on the social networking "micro-blog" site, Twitter.com.
  
  Just create a Twitter account and go to http://www.twitter.com/sandiegoinjury to follow along. - 7 - 10

• Jurewitz Law Group Opens Carlsbad, CA Office for North San Diego County Clients
  May 17, 2009

  The Jurewitz Law Group has opened a North San Diego County office in Carlsbad to serve clients seriously injured by slip and fall accidents, dog bites, and bicycle accidents. The office is easily reachable from San Marcos, Encinitas, Oceanside, Vista, and Escondido.
  
  You can find our Carlsbad office (by appointment only) at:
  
  2768 Loker Avenue West, Suite 101
  Carlsbad, CA 92010 - 8 - 10

• Jurewitz Law Group Opens New Downtown San Diego Office
  May 17, 2009

  The San Diego personal injury law firm, the Jurewitz Law Group, representing seriously injured people throughout California, recently moved and opened its' new San Diego office location.
  
  Our new Downtown San Diego office is located at:
  
  501 West Broadway, Suite 1780
  San Diego, CA 92101
  Tel: (619) 233-5020
  Toll Free: (888) 233-5020
  Fax: (888) 233-3180
  
  New and existing clients can meet with our San Diego injury accident lawyers at our Downtown office, our North San Diego County Office in Carlsbad, or at any location throughout San Diego County.
  
  Face to face meetings outside Southern California are also possible, but require more lead time. - 9 - 10

Important Personal Injury Case Law

• Are Witness Statements Protected by Attorney Work Product Privilege?
  Jun 20, 2010

  Are witness statements collected at the scene of an accident or by your personal injury attorney following an accident subject to the protections of the attorney work-product privilege--a privilege which allows injury accident victims to keep these statements confidential and away from the hands of insurance companies and their lawyers?
  
  The issue was recently tackled by the Court of Appeal for the Fifth Appellate District of California in the case of Coito v. Superior Court.  The Court was asked to determine whether a statement of a witness to an accident by an attorney is protected by the work product privilege.  The Court held that such statements are not protected and can be discovered by opposing counsel during discovery.
  
  The Court distinguished the case of Nacht & Lewis Architects, Inc. v. Superior Court holding that Nacht & Lewis did not hold that a list of witnesses from whom statements had been taken, nor the statements themselves, were privileged.  Such statements have very important evidentiary value, including containing inconsistent statements, prior consistent statements, or past recollections recorded--all of which would be admissible at trial.  However, were these statements to be protected by the attorney work-product privilege, the opposing party could not have access to these important pieces of information and evidence.
  
  The Court also rejected a qualified attorney work-product privilege defense--in other words that in certain circumstances and with certain limitations, the privilege would exist.  The Court held that a recording or document which shows the attorney's thoughts and interpretation of the evidence and case was protected by the privilege.  However, in most cases where the attorney or his representative is simply asking questions and the witness responses are simply answering those questions, then the privilege would not attach.  The statement would not contain any interpretive input from the attorney.  The Court also rejected the argument that the selection of the attorney's questions itself was interpretive--the statements had evidentiary value only.
  
  What this means, for people injured in accidents in California and the insurance companies who oppose them, is that witness statements are discoverable absent an affirmative showing that the statement contains protected interpretive analysis by the attorney. - 10 - 10

Free Books

The 10 Biggest Mistakes That Can Destroy Your California Accident Case

Order Now

The Ultimate California Motorcycle Accident Book

Order Now

see more books

Social Media

Follow the Jurewitz Law Group via These Social Media Platforms

Ross Adam Jurewitz

View lawyer's profile