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Hot Topics in Personal Injury Law | San Diego Injury Accident Lawyer Blog

Walk The Walk – San Diego Betting Big On Bikes and Pedestrians

For those who bike or walk to work in San Diego, get ready for some big changes. City leaders released a draft of their Downtown Mobility Plan last month and it is being hailed as a “game changer” by advocate groups.

The city plans to spend upwards of $64 million in an effort to make downtown San Diego a much more hospitable place for biking and walking. The plan calls for roughly 9.3 miles of protected bike lanes, over 5 miles of pedestrian greenways, and various other structures to network the entire two mile area together. If implemented, the city hopes to see a significant boost in modest 18% of bikers and pedestrians that use downtown currently. Read the rest »

Does Marijuana Use Contribute to Increased Highway Deaths?

Impaired Driving AttorneyNow that Colorado and Washington have legalized the use of marijuana for recreational use and many other states have liberalized their marijuana laws, concerns have been raised as to whether marijuana-impaired drivers will contribute to a big increase in traffic deaths and injury accidents.

Studies have shown that marijuana can decrease peripheral vision, slow decision-making and impede multitasking. Some of these studies also show that drivers high on pot are less likely to engage in risky behavior while driving. They tend to drive slower, avoid erratic lane changes and allow extra space between themselves and another vehicle.

However, it has also been shown that drivers who are under the influence of both marijuana and alcohol tend to lose the heightened caution they may have exhibited while being high on pot only. In fact, the combination of the two substances is a potent brew that exponentially increases a driver’s impairment while on the road. Read the rest »

Helping Someone in Distress under California’s “Good Samaritan Law”

Many throughout the nation have already heard the shocking story:

A nurse refused to perform CPR on 87-year-old Lorraine Bayless that collapsed on the dining room floor of Glenwood Gardens, an independent senior living facility in California. The nurse stated that it was against company policy for any staff member to perform CPR. By the time paramedics arrived, Bayless had no pulse and reportedly died of a massive stroke. Read the rest »

San Diego Personal Injury Attorney Lawyer I Hot Coffee the Movie

Hot Coffee15 years after the incident‚ the McDonald’s coffee case continues to be criticized and cited as an example of how an average citizen used a “frivolous” lawsuit to take advantage of America’s legal system. However‚ that story is far from the truth.

Director-producer Saladoff‚ who spent 25 years practicing law in the civil justice system representing victims of individual and corporate negligence‚ challenges the long-held belief that average citizens can take unfair advantage of the American legal system with their frivolous lawsuits that lead to “jackpot justice.” Read the rest »

New Movie Examines Tort Reform and Runaway Juries | San Diego Personal Injury Lawyer Attorney

By now‚ everyone has heard of the famous McDonald’s Coffee Case in which Stella Leibeck‚ an elderly woman from Albuquerque‚ spilled hot coffee from the drive through of her local McDonald’s restaurant on her lap and then sued “because the coffee was hot” and won millions of dollars after a civil trial.

The McDonald’s Coffee Case has been mocked innumerable times by everyone from Seinfeld to Letterman and has spawned the “Stella Awards” for examples of outrageous lawsuits and runaway juries and verdicts. Read the rest »

Proposed California Law Would Install Vehicle Cameras in Cars | San Diego Auto Injury Lawyer Attorney

Negligent driving is a huge concern and the cause of thousand of injuries and the loss of many lives on California roads.  The reckless attitude of some drivers is one of the prime causes of auto accidents throughout the State. These auto accidents not only harm the reckless driver but also other innocent people. To monitor driving and thereby reduce accidents‚ the California State Assembly has passed a bill on May 17‚ 2010‚ that would allow video recorders to be installed on vehicles’ dashboards.

The two major challenges in implementing the law are that current California law prohibits dashboard devices that may obstruct a driver’s view and video recording raises concerns about drivers’ privacy. Read the rest »

Did the San Diego Driver of the Runaway Prius Make up the Accident?

Earlier we reported about the San Diego Man‚ James Sikes‚ who was saved by California Highway Patrol officers after his Toyota Prius allegedly experienced uncontrollable acceleration‚ speeding up to 90 mph on Interstate 8 (I-8)‚ before being stopped by the officers.

Now‚ bloggers and other journalists are starting to doubt the story.

When reported accidents like this occur‚ we generally take them at face value—unless they are completely and clearly fabricated.  We’ll continue to do so‚ but even our office has its’ concerns.  First‚ the slow pace of the acceleration and the slow top speed (90 mph is fast‚ but is not uncommon for some drivers along San Diego’s freeways) do not at first indicate that the vehicle was accelerating out of control. Read the rest »

Lindsay Lohan’s Frivolous Lawsuit Against E-Trade: Hurting Plaintiffs with Real Injuries

Even as a lawyer who regularly represents plaintiffs in civil litigation lawsuits‚ I still shake my head at the fact that some claims get filed in court. There are some civil lawsuits which just make you wonder why they were brought in the first place. Then there are lawsuits which just infuriate me because‚ in my opinion‚ they are blatantly baseless on their face. Read the rest »

Toyota Sudden Acceleration Defect Demonstrates Government Conflict of Interest and Need for Trial Attorneys to Hold Manufacturers Accountable for Dangerous Products

Toyota and its’ executive leadership have had a tough week before a House Subcommittee investigating the nature and impact of what many believe is a serious product defect involving the gas pedal-floormat-electronic accelerator which has led to sudden acceleration of their vehicles.  One of the most prominent accidents allegedly arising from this defect was the Santee auto accident which took the lives of California Highway Patrol Officer Saylor and members of the Lastrella family.  That accident led to the widespread recall of Toyota floor mats.

As it turns out‚ the federal government’s investigation ignores not only its’ own involvement and complicity in allowing these widespread defects to exist but also its’ clear conflict of interest as the owner of Toyota’s main competitor for global automotive dominance:  General Motors. Read the rest »

Virginia Judge Rejects Challenge to Attorney Blog Post About Case

A Virginia judge recently ruled that an attorney blog about eight currently pending wrongful death case did not need to be removed or deleted‚ despite the challenge by the wrongful death defendant‚ a Virginia hospital‚ who brought a Virginia State Bar complaint and an emergency motion before the court to have case documents removed from the plaintiff’s attorney’s blog.

The hospital‚ Sentara Hospitals‚ did not want certain facts about the wrongful death case to become public. However‚ the hospital had created an incident report which contained these facts and turned over the incident report to plaintiff’s lawyer. The lawyer‚ Avery Waterman‚ of Newport News‚ Virginia‚ blog about the case and the facts contained in the incident report. Read the rest »

  • $19,150,000

    A mother and her adult daughter were killed by an inexperienced truck driver.

  • $1,014,299

    Award for 38-year-old motorcyclist struck by SUV driver at intersection.

  • $550,000

    Pedestrian struck by commercial vehicle resulting in wrongful death.

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