Elderly Motorist Injured In Lake Elsinore Bus Accident

Margaret Birch, 75, suffered serious injuries in a serious Lake Elsinore car accident that occurred on November 29, 2010, around 3:00 p.m. According to California Highway Patrol Officer Ron Thatcher, Birch pulled her minivan in front of a school bus when the collision occurred. The impact of the car crash was so strong that Birch’s car was pinned under the school bus.

Fortunately, all the 51 school students who were traveling in the bus escaped unhurt. Birch was immediately transported to Inland Valley Regional Medical Center in Wildomar to receive treatment for her leg injuries.

This accident is a good illustration of one of the main rules of the road: always watch out for traffic before entering an intersection or roadway. If you do not look for cross-traffic, you can possibly violate another motorist’s right of way and cause an accident. Even worse, that motorist may be driving a larger vehicle—such as a school bus—placing you and your passengers in danger of serious injury or even death.

We sincerely hope and pray that Birch did not suffer any life-threatening injuries in this bus accident.…

Paralyzed San Diego Rollover Car Accident Victim Beats Ford Motor Co….Again (x6)

We’ve written before about Benetta Buell-Wilson’s ongoing fight with Ford Motor Company regarding her record-breaking $369 million trial court verdict after her Ford Explorer rolled over on Interstate 8 (I-8), which left her paralyzed due to a crushed spine (Crippled San Diego Injury Victim Beats Ford Motor Co.; Record San Diego Roll-Over Verdict to be Reviewed).

Well, Buell-Wilson won again and this time it is final. Ms. Buell-Wilson has been fighting since she was injured earlier this decade and for the last five years since a San Diego jury awarded her $369 million, including $27.6 million in compensatory damages and nearly $340 million in punitive damages. After several appeals, including a reduction of the total verdict to $82 million, the United States Supreme Court finally ended this legal ordeal by failing to accept Ford Motor Company’s appeal. Ford will now be forced to pay Buell-Wilson the $82 million verdict.

In June 2002, Buell-Wilson was severely injured and paralyzed while she was driving on I-8 near Tavern Road in Alpine in East San Diego County. The San Diego County auto accident occurred when she swerved to avoid an object on the freeway, causing her vehicle to roll over several times and come to rest on its’ roof. Buell-Wilson alleged that the design of the Ford Explorer because it was unstable and had a weak roof, particularly at its’ “C pillar” behind the front seat and in front of the rear seat.

Congratulations to Buell-Wilson and her husband. It takes a great deal of determination and courage to fight a multi-billion dollar company like Ford to get the compensation one deserves and to punish Ford for its’ knowing failure to make a safe vehicle. We hope they now have peace.…

2 Bicyclists Struck in Separate Car Crashes

Two cyclists, a 10-year-old girl and a 23-year-old woman, are recovering from injuries they sustained after being hit by vehicles in two different auto accidents in San Diego.

The 10-year-old girl was riding eastbound on Catalina Boulevard at about 7:20 a.m. Tuesday when a 2011 Chevy van turned the corner on Wilcoz and hit her at the intersection. Despite what most people think, the young girl knows how to ride and was doing it safely. She competes in triathlons for kids and was riding in front of her dad, who was training with her. Her father barely avoided the collision.
The girl was taken to the hospital for a fractured leg and collar bone.

The 23-year-old woman sustained non-life-threatening facial fractures when a Hyundai SUV tried to pass her on the 4900 block of College Avenue, near Cresita Drive, at about 5:30 p.m. on Tuesday. The 55 year-old SUV driver was obviously in too much of a hurry to wait until it was safe to pass.

Both drivers’ negligent driving caused these bicycle accidents, and they may be held liable for the damages, including medical bills, loss of income, etc. The victims’ family should immediately seek counsel with a San Diego County bike collision attorney to learn about how to get the compensation they need to cover these expenses.…

San Diego Motorcycle Accident Lawyer Reveals the Top 5 Most Common California Motorcycle Accidents

What are the top 5 types of California motorcycle accidents? How should motorcycle riders avoid them? San Diego, CA motorcycle accident attorney reveals these answers.

Do You Know the Top 5 Most Common Types of Motorcycle Accidents in California? We’ll Tell You How to Avoid Them…

Riding a motorcycle safely in California requires skill and judgment on the part of the rider. It is a fun way to get transport oneself across the state’s roads and freeways–one of the reasons why so many Californians ride their bikes. However, we all know that riding a motorcycle can be dangerous and there are several common accidents which happen daily on California’s roads from San Diego to San Francisco.

In California, the most common types of motorcycle accidents are:

• Accidents that happen on bends in country roads
• Crashes that happen at intersections
• Wrecks that occur while overtaking slower vehicles
• Loss of control while riding
• Poor road surface conditions

Here are examples of these types of accidents and how to avoid them:

Bends in Country Roads

Most motorcycle riders are not experienced riding on country roads. They grew up riding on city and town roads. However, country roads need a special sort of skill, knowledge, and ability, particularly around bends.

Bends on country roads can be smooth and even and open up once you turn into the bend. Other bends tighten up dramatically and make the rider realize that they took the turn at too high a rate of speed only after entering the bend. That leads to a major problem and increases the likelihood that the rider will lose control.

When taking a bend on a country road, pay attention to visual clues such as lines of trees, path of telephone poles, and roadside bushes that will give you an indication of the severity of the bend. Always make sure to take a safer path by entering the bend slower than one would expect is safe and allowing the motorcycle to accelerate through the bend when they have greater room to maneuver.

Accidents at Intersections

This is the most common motorcycle accident in urban areas and usually happens when drivers of cross traffic don’t pay attention. They fail to give way or stop and pull out in front of the motorcyclist forcing him to lay the bike down or collide broadside with the motorcyclist in a “t-bone accident”. Most of these accidents happen at T-intersections with the vehicle trying to make a turn onto the main road or trying to pull out of a parking lot.

Drivers of cars usually have a difficult time judging the speed of an oncoming motorcycle and thereby underestimate the time of arrival at the intersection. Always remember that in a crash between a motorcycle and a car, the bike will end up with the worst of it no matter who is at fault. Therefore, if you are approaching an intersection or riding in the far right lane of traffic, always look out for motorists who may not see you and pull out into the flow of traffic.

Crashes While Passing Slower Traffic

Passing slower traffic, particularly on two-lane roads when one passes in the oncoming lane of traffic, is a test of skill and judgment as well as the motorcycle’s acceleration. If you are not used to riding the particular motorcycle, be extra cautious. Take time to learn how the bike reacts to acceleration and braking in different gears before passing.

It is generally not a good idea to pass when approaching bends, intersections, pedestrian crossings, hills or dips in the road, and while crossing double yellow lines.

Loss of Control

Losing control of your motorcycle is by definition dangerous. Losing control usually happens when the motorcyclist is following too close or the vehicle behind the motorcycle is following too close. To protect yourself, always make sure there is a buffer in front and in back of your bike and you can see all the traffic in front of you so that sudden stops won’t catch you off guard.

Poor Road Surface Conditions

Adjusting to changing road conditions is always a challenge. A variety of road conditions require different riding skills and experience to avoid losing control. These conditions include poor weather conditions, fuel spills, mud, manhole covers, and painted road markings.

Keep a lookout for these road conditions and any road signs warning of danger ahead. Also look out for construction zones where loose gravel and debris gather. Always make sure your tires are in good condition and pressurized correctly. Your life often rests on your tires. When you encounter possible dangers, be sure to allow yourself more space and time to react.

For all of the possible motorcycle accidents, the best cure is skill and experience riding your bike.

If you or a loved one has been injured in a California motorcycle accident, the skilled and aggressive San Diego, CA motorcycle accident lawyers are available to discuss your rights and provide a free consultation.…

Pedestrian Struck, Another Killed Crossing El Cajon

25-year-old Melissa N. Ferreira was killed in a tragic car wreck that occurred on November 19, 2011, around 2 a.m. in front of the El Cajon Grand Bar on Main Street. According to El Cajon police officers, a man and woman were struck by a Mitsubishi Montero going westbound in front of the bar.

Ferreira suffered fatal blunt force trauma and was pronounced dead at the accident scene. The male pedestrian suffered non-life threatening injuries and was immediately taken to nearby hospital for treatment.

The SUV’s driver stopped immediately following the crash and was cooperating with investigators. Our thoughts and prayers go out to the family and friends of the deceased pedestrian. From the available information, it is unclear what led to this serious pedestrian accident. The accident is still under investigation. Alcohol and drugs were not a factor.

The deceased’s family members should immediately seek counsel from an experienced San Diego County car crash lawyer who would educate them about their legal rights and help them obtain compensation to cover the burial and burial costs, loss of anticipated earnings, and other accident-related damages. The injured pedestrian may also file a personal injury claim to obtain compensation to cover treatment, medical and hospital costs.

Our law office sends our condolences to Ferreira’s family and hope that the injuries suffered by the other pedestrian heal soon.…

Fatal Oxnard Truck Accident Kills Young Boy

6-year-old Anthony Martinez was killed in a tragic pickup-truck wreck that occurred on November 24, 2011, around 4:20 p.m. at the 1300 block of W. Olive Street. According to Cmdr. Tom Chronister, Martinez was riding his bike along the sidewalk, entered the street, and was struck 50-year-old Jesus Calderon Ruvalcaba.

Martinez suffered fatal injuries and was pronounced dead at the accident scene. From the available information, it is unclear what led to this serious truck wreck. Was the driver speeding? If it is found that the truck driver was driving negligently or recklessly, then he might be held liable for the young boy’s death.

Meanwhile, the injured juvenile’s family members should immediately seek counsel from an experienced Ventura County bicycle accident lawyer who would educate them about their legal rights. This lawyer may also help young boy’s parents obtain compensation to cover treatment, medical and hospital costs.

Our personal injury law office sends sincere condolences to the young boy’s parents.…

Perhaps the Most Important Appellate Court Case for California Personal Injury Clients

On November 23, 2009, the Court of Appeal, Fourth Appellate District of California (which includes much of San Diego and Orange County) handed down an opinion which helped injured Californians seeking full compensation for injuries caused by others. The opinion, Howell v. Hamilton Meats & Provisions, Inc., declined to follow the insurance industry’s argument that injured people can only collect monies for the reduced amount of their medical bills negotiated by their health insurance companies. The Court upheld the “collateral source rule” that a negligent person must pay for all the harm they caused–including the full amount of medical bills charged by the health care providers–and cannot obtain the benefit obtained by the injured person’s health insurance (the “collateral source”, i.e., a source of payment other than the negligent person.

The Howell case involved a car vs. truck accident where San Diego County resident Rebecca Howell was hit by a commercial truck owned by Hamilton Meats and driven by their employee. As a result of the auto wreck, Ms. Howell was admitted to the hospital and received subsequent treatment from her doctors in the total amount of over $189,000 which included a fusion of the vertebrae in her neck. At trial, Hamilton Meats admitted liability for causing the accident but disputed the amount of damages that Ms. Hamilton was seeking for compensation (this is very typical). After the trial, the Vista, CA jury awarded Ms. Howell nearly $690,000, including her $189,000 in medical bills.

After the rial, Hamilton Meat’s attorneys sought to reduce the amount of the verdict by arguing that the true amount of the medical bills was $59,000 and not $189,000 after her doctors agreed to accept reduced payments from Ms. Howell’s health insurance carrier. Typically, doctors will agree to a reduced payment from a health insurance company so that the total amount paid for care is not the face value of the bill. They do this for a variety of reasons, including having the benefit of being an approved doctor (and receiving a pipeline of patients) and receiving “in-kind” benefits such as equipment and supplies.

The trial court granted the reduction under a line of cases commonly known as Hanif/Nishihama. During the last five years, the insurance companies have convinced the trial courts that this line of cases allowed for post-trial reductions in jury verdicts despite the fact that the collateral source rule clearly stated that injured people can collect the full amount of their medical bills. The collateral source rule had been California law for nearly 40 years before the Howell decision was handed down earlier this week.

The Appellate Court decision reversed the Hanif/Nishihama rulings and clearly states that the collateral source rule is California law.

This is perhaps the most important ruling in favor of injured Californians in the last 5 or 10 years. The insurance companies had used Hanif/Nishihama to ratchet down settlement offers and to reduce jury verdicts. Now, with Howell, injury victims who had the foresight to obtain health insurance prior to their accident will not find themselves penalized for doing so in court.

Read the whole opinion.

We want to salute and thank the San Diego, CA personal injury lawyers who fought for this victory.…

Illustrated Medical Conditions

Common Personal Injuries

…

Broken Vertebrae

A Back Injury Can Be Extremely Painful and Cause Your Vertebrae to be Permanently Weakened. In Extreme Cases, It May Cause Neurological Damage or Disability. If You Have Been Hurt, Get Medical Assistance Immediately and Contact a Personal Injury Lawyer to Get the Recover You Need.

An injury in the back section of the spinal cord can cause the back vertebrae to be fractured or dislocated. However, if the injury causes damage to the spinal cord, it may result in neurological problems or paralysis. Auto accidents and falls are the most common forms of trauma leading to fractured vertebrae.

For instance, if a pedestrian is struck by a vehicle when trying to walk through a crosswalk, he may be thrown into the air and lands on his back. The victim may immediately feel pain and stiffness after the impact, making him unable to move.

The extent of the back injury varies depending on the location and severity. Broken vertebrae can be extremely painful and require intensive care, medications, and possible physical therapy.…

The Worst Insurance Companies

Which are the Top Ten Worst Insurance Companies in America and Are You Insured by One of Them? Read this Article to Find Out!

Ever wonder how your insurance company stacks up against others? Ever wonder how the insurance company for the other driver or property owner will act following an auto accident or slip and fall accident? Will they treat you fair or will they lowball you and play hardball?

In a free report issued by the American Association for Justice (AAJ) entitled, “The Top Ten Worst Insurance Companies in America”, the AAJ reveals how insurance companies put profits over people and policyholders. As the report reads, the insurance companies’ strategy is to “deny, delay, defend–do anything, in fact, to avoid paying claims.”

According to the report, the worst insurance companies in America are:

1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. WellPoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual

These insurance companies insure and compensate for auto accidents, slip, and fall accidents, life insurance claims, and health insurance claims. Allstate was named the worst insurance company in America–again–in a dubious honor that seems to repeat each and every single year. According to the report, Allstate heads the list because of “a combination of lowball offers and hardball litigation.” It is even reported that insurance adjustors are instructed by their supervisors to deceive claimants by lying.

If you are insured by one of these companies you should consider switching to a more reputable insurance carrier. If you have been injured due to someone else’s negligence and find one of these companies as the insurance company for the negligent person or company, hiring the best California personal injury attorney you can find may be your best strategy.…