San Diego Judge Orders Starbucks to Return $100 Million to California Employees

Earlier today, San Diego Superior Court Judge Patricia Cowett ordered Starbucks to pay $100 Million to its’ California baristas in back tips and baristas that had been wrongly directed to shift supervisors. In addition, Starbucks’ shift supervisors were enjoined from sharing in future tips.

Judge Cowett found that the sharing of tips with shift supervisors violated state law. Starbucks called the ruling “unfair” and “beyond all common sense and reason.”

The lawsuit started after a La Jolla barista complained about shift supervisors sharing the employee tips left in the front counter tip jar. After filing suit, a class of nearly 100,000 past and present Starbucks baristas was certified.…

California Senate Reviews Boating Under the Influence Bill

The Daily Point of Orange County reported last Thursday, March 12 that the California State Senate is reviewing a new bill that would allow California and San Diego authorities to treat boating under the influence in our San Diego waters just like they would treat driving under the influence on our San Diego roads. If passed, the bill would allow San Diego and California authorities to suspend boaters’ licenses if caught boating under the influence. You can learn more in this Daily Pilot story.

The California BUI bill was introduced by California State Senator John Benoit that represents Senate District 37, just north of San Diego County. Senator Benoit’s bill will give the DMV the power to treat a BUI just as they would treat a DUI. Previously, the DMV had the power to do just that but last year, a court of appeals verdict deemed that they did not have the power to do so.

San Diego harbor officials and officials in other California counties would like to see the bill passed. They believe that even though boating is a recreational activity, there are still many responsibilities that a boater has. According to the California Department of Boating and Waterways there were 55 boating accident fatalities in 2007, half of which happened in Southern California. Also, about 20 of the 55 victims were intoxicated.

If you or a fellow boater are ever injured or killed in a San Diego boating accident, please call the San Diego boat accident attorneys.…

St. Patrick’s Day Brings Increased Drunk Driving Dangers to San Diego

Drunk driving crashes, unfortunately, happen every day across the country, with many such auto accidents in San Diego happening, as well. However, holidays often see an increase in drunk driving due to festivities and increased access to alcohol.

Of all of these holidays, St. Patrick’s Day is typically seen as the one with the greatest connection to drinking and, in relation, drunk driving. In order to prevent a rash of drunk driving car crashes from breaking out on the holiday this March 17, the National Highway Traffic Safety Administration (NHTSA) is highlighting the dangers everyone needs to know this St. Patrick’s Day.

According to the NHTSA, 103 people died on St. Patrick’s Day in 2009 due to auto accidents, with 37% involving at least one driver who had a blood alcohol content of at least .08%, the legal limit in all states. Because of the high rate of drunk driving, the NHTSA reminds all partygoers to secure a safe ride home that does not involve them driving after indulging in alcohol. All St. Patrick’s Day celebrators should use public transportation or a designated driver to arrive safely home, and should also report all possible drunk drivers to police immediately.

However, St. Patrick’s Day isn’t the only time when drunk driving happens. The NHTSA reports that over 10,000 people died in the United States in 2010 due to some form of impaired driving and that, on average, someone dies every 51 minutes in a drunk driving crash.

The San Diego drunk driving victim lawyers understand that reckless and dangerous drunk drivers can injure even the most responsible and careful driver in a crash. For more information on how we can aid you in finding compensation for your injuries in a drunk driving crash, contact us today.…

San Diego Trolley Accident Lawyers

People often wonder what they should do if they are ever involved in an accident with a trolley or while riding on the trolley as a passenger. The San Diego trolley system, despite being a beneficial service to this city, is involved in numerous accidents each year. People can be injured while riding on the trolley, or they can collide with the trolley while driving or walking or riding a bicycle.

The lawyers at the San Diego personal injury law firm, represent people who are involved in trolley accidents. We are experienced trolley accident attorneys and we can help guide you through the process. It is important that you know your rights if you are ever in this situation.

The San Diego Trolley Can Injure or Kill It’s Passengers, Pedestrians and Bicyclists Walking Nearby, and Car Drivers Who Cross on the Trolley Tracks. Our San Diego Trolley Accident Attorneys are Here to Help.

San Diego has a great public transportation system. The most popular of which is the “red-line” trolley system operated by the Metro Transit System (MTS) that runs throughout San Diego County. San Diego’s trolley system can take you pretty much anywhere you need to go throughout the City. Nearly 120,000 people ride it every day and it is the 6th oldest trolley system in America.

Unfortunately, the San Diego trolley system has been the site of serious and fatal injuries throughout recent years. These injuries can occur both inside and outside the trolley car. People have been injured while riding the trolley when the operator makes a sudden stop or if the train gets detailed.

Outside the trolley car, many people have been struck and killed by a moving trolley car. At times, these collisions are not the fault of the pedestrian or bicyclist. Sometimes an operator will fail to honk their horn and warn the pedestrian of the train’s presence. Other times, the trolley car’s lights won’t work, and the pedestrian does not see the trolley car until it is too late.

Primary Causes of Trolley Accidents:

• Sudden stops made by the trolley operator.
• Pedestrians and bicyclists that step onto the trolley tracks.
• Worn and improperly maintained trolley tracks.
• Negligent operation of the trolley.
• Defective trolley car.

How Can We Help?

The San Diego personal injury lawyers are experienced trolley car accident attorneys. We have represented people that have been injured while riding on the trolley, and also people who were struck by a trolley. We have been able to attain favorable settlements for our client’s claims because we have been handling trolley accidents for years. If you or someone you know has ever been in an accident involving the San Diego trolley, please contact our law office for a free consultation.…

San Diego Train Accident Attorneys

Trains are a great way to transport goods and people in a quick and efficient way. Regardless of the type, trains have the capacity to cause catastrophic accidents. In the past, many people have been seriously injured or even died from train accidents.

We are skilled train accident attorneys. We have taken on train accident cases in the past and they have yielded successful results.

Commuter and Freight Train Accidents in San Diego are Usually Very Serious and Even Deadly. Our San Diego Personal Injury Lawyers Can Help.

Because of a train’s large size, it can be disastrous if you are involved in a train collision. Selecting an attorney is hard enough, but you must make sure you hire a competent train accident attorney if you or someone you know is injured or killed in a serious train accident in San Diego or California.

Freight Train Accidents:

Freight trains are what you generally think of then you think of a “train.” They carry all types of good and supplies to different cities. These trains are very long and have numerous boxcars. They can be very dangerous if they collide with a person or car, and the collision can often be fatal to anybody the train comes into contact with or for the operators and workers on the train.

Commuter Train Accidents:

Trains are also used to transport people from one place to another via commuter train. San Diego has a train system, most notably the North County Transportation District’s (NCTD) Coaster that runs from Oceanside to San Diego, that people can ride to different destinations. It is another form of public transportation that San Diego provides. Many people use this train to travel to and from Downtown San Diego or use the Amtrak train system to travel to Los Angeles and Orange County. Although it is a great service, many passengers, cars, and pedestrians have been involved in a collision with the train in the past.

What Can a Train Accident Attorney Do to Help?

• File a claim on your behalf.
• Help you find a good doctor and set up medical leins.
• Negotiate with the train company for an acceptable settlement.
• Take the case to trial if necessary.

We are experienced train accident attorneys. Our San Diego personal injury law firm knows the ins and outs when it comes to handling your train accident claim. Our former clients can attest to the fact that we know how to handle train accidents. If you or someone you know is involved in an accident involving a train, please contact our office for a free consultation.…

Vista Drunk Driving Suspect Arrested After Car Accident and Abandoning Injured Passenger

On Thursday, March 12, at about 5 p.m., a 19-year-old teenage drunk driver was heading southbound on North Indiana Avenue in the North San Diego County city of Vista. The teen failed to stop before the turn, which caused the car to hit the curb and blow a tire out. The car then accelerated and crashed into the Vista Clock Tower. According to the story, right after the car crash, the driver took off leaving his 16-year-old injured passenger behind.

San Diego Sheriff’s Deputy Laura Hurtado said that the passenger, riding in the front seat, suffered a cut lip and burns from the deployed airbag.

The drunk driver was arrested a short distance away and was taken to the hospital where he was treated for injuries on his forehead. The teen driver has been booked on charges of driving under the influence, felony hit-and-run, and child endangerment.…

San Diego Union Tribune Takes on Progressive’s Property Damage Division

In an article printed in today’s newspaper, the San Diego Union Tribune takes on Progressive Insurance’s property damage program.

According to the article, critics argue that Progressive’s program violates California’s anti-steering laws by allowing its adjusters to write their own property damage estimates and direct their insureds to pre-approved body shops for the work. In addition–and wait until you hear about this–critics claim that Progressive’s program seeks to reduce repair costs by cutting corners! Shocker!

Sarcasm aside, this seems to be the usual modus operandi for insurance companies. Why replace when cosmetic patching will do? Why use new parts when refurbished products can be found? And don’t get me started on the repeated failure of insurance adjusters to ignore alignment and other structural issues in favor of concentrating on cosmetic damages. Too many of our office’s auto accident clients have complained that their car just doesn’t drive the same afterwards for it to be a coincidence.

The public shouldn’t be so gullible to believe the commercials–the insurance companies are not out there to act in your best interests. They make money by collecting premiums and paying out less than the premiums they collect. If they have to actually use quality labor and parts, it just makes it that much harder.…

Improving Car Safety Technology to Reduce Auto, Pedestrian, & Cyclist Accidents

On March 5, 2013, Volvo Car Group officially announced the world-first cyclist detection technology. A radar sensor is placed in the car’s front grille and a camera is installed in the central control panel and interior rear-view mirror facing the street ahead. The technology can distinguish between pedestrians and now cyclists, which is called Pedestrian and Cyclist Detection with full auto brake.

If a cyclist or pedestrian were to get too close in front of the vehicle, a red flashing warning light would go off inside the vehicle and would automatically activate full braking power. This saves the driver from potentially hitting and injuring a pedestrian or cyclist in the event of a delayed or lack of reaction to instant danger.
Although Volvo’s new technology can reduce injury and damage, the technology is limited since the sensors protect the front of the car and not the back.

For Mercedes-Benz, it all started when engineer Karl-Heinz Baumann took a look at his daughter’s biology book and saw a picture of a cat twisting and stretching to get in the best position possible before landing on the ground. That picture sparked the idea in Baumann’s mind of creating that same concept for car safety. The concept to create technology that allows a vehicle and its occupants to be in the best position possible in anticipation of an accident. This idea turned into Mercedes-Benz PRE-SAFE® technology.

PRE-SAFE® technology was first introduced in 2002. The technology uses many sensors built in the vehicle that can recognize conditions prior to an accident and adjusts seats, head restraints, seat belts, and more. Throughout the years, the anticipatory occupant protection system has evolved and will introduce the following features later this year:

• PRE-SAFE PLUS focuses on rear-end collision preparation.
• PRE-SAFE IMPULSE will trigger the seatbelts to pull front occupants away from the collision area of the vehicle earlier.
• PRE-SAFE BRAKE will stop a vehicle completely if a pedestrian or object is detected on the road ahead.

It is exciting to see these auto manufacturers safety technology evolve to protect not only the drivers that purchase the vehicle but other unprotected road users as well. We applaud the hard work that has been done and will continue to do to help reduce injury accidents.

If you were a victim of a bicycle or pedestrian accident, get legal help from the experienced San Diego personal injury attorneys.…

Carlsbad Pedestrian Accident Kills Teenager

An 18-year old pedestrian lost his life in a Carlsbad pedestrian accident on March 5, 2010. The incident took place along Palomar Airport Road between El Camino Real and Camino Vida Roble, near where Carlsbad, Vista, and San Marcos intersect in North San Diego County, around 9:45 p.m.

A witness to the accident called in the paramedics immediately following the auto vs. pedestrian accident. According to reports, the man was struck by two cars as he was crossing Palomar Airport Road. The first vehicle did not stop and the driver of a second vehicle was stopped by the Carlsbad Police after it struck the man in the road. The second driver did not realize he had struck the man in the road. The Carlsbad Police is continuing investigation after inspecting the crime scene.

Our office forwards our condolences to the family and loved ones of the deceased. We also wish that the police will track down and arrest the driver of the first vehicle—the one that struck and killed this pedestrian. There is nothing more infuriating than a careless and negligent driver who causes significant injury or death who does not stop to assist the person they just hurt. We understand that it is scary when you realize that you have injured someone with your car, but there is no excuse to ever leave the scene of an accident. Your presence is necessary to contact emergency service personnel and to perhaps provide basic life-saving techniques until the ambulance can arrive. When you leave the scene of an accident, you take away that hope.…

New Study Links Parkinson’s Disease Drug to Faster Brain Injury Recovery

Traumatic brain injuries claim the lives of thousands every year and leave thousands more with long-term debilitating injuries. As such, the hunt for better treatment for traumatic brain injuries (TBIs) is an ongoing process for doctors, scientists, and researchers around the world looking to increase the rate of recovery and chances for survival. The latest breakthrough comes courtesy of a study published in the New England Journal of Medicine, which found that the drug amantadine, commonly used to treat Parkinson’s disease, helped TBI victims in a vegetative state recover more quickly and regain the ability to understand others and communicate than those who did not take the drug.

During the course of the six-year study, 184 patients were submitted to tests and observation, with 97 receiving a placebo and 87 receiving regular doses of amantadine. According to the study, fewer people who received the medication remained in a vegetative state after four weeks than those who did not. After four weeks, these patients were more likely to be able to follow simple commands, sustain attention, and recognize and use common objects.

Currently, the full effects of amantadine on the patients are not completely understood, but the drug helps to increase dopamine in a patient’s brain, increasing his or her attention, drive, and wakefulness.

The use of the drug is seen as promising by researchers as it helps to aid in the recovery stage of patients with TBIs who enter a vegetative state. Often, these types of patients switch from trauma centers to nursing facilities with no time specifically dedicated to rehabilitation, according to the lead author of the study.

Victims who suffer a TBI are often subjected to lengthy recovery times and injuries that may never fully heal. As such, it is important to find compensation from those responsible for these injuries to aid in the treatment and care necessary for a TBI. If you or a loved one has suffered such an injury, call the San Diego traumatic brain injury attorneys to find out how we can aid you in your case.…