Expert Advocacy

Should Doctors Prevent Texting While Driving?

The New England Journal of Medicine recently published an essay where the writing doctor recommended that family doctors begin asking their patients whether they text and drive or talk on their cellphones while driving.

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.…

Hit and Run Driver Injures Encinitas Bicycle Rider

A woman on a bicycle coming home from a bar on the morning of June 12, 2009, in Encinitas was severely injured when she was hit by a van. The victim and her girlfriend were riding their bikes home on southbound Pacific Coast Highway 101 near Chesterfield Drive when the victim was struck.

The van’s driver was driving an older tan colored box-shaped van. He initially got out of his vehicle and told the victim’s girlfriend that he would move his van to a safer location and return to help, but he never did. The sergeant reports that the man was last seen driving towards Solana Beach. Paramedics that arrived on the scene took the victim to Scripps La Jolla Hospital for treatment.…

Santa Ana Hit and Run Car Collision Causes Injuries

A SUV driver was arrested and charged with hit and run causing injury on June 13, 2010, after he hit a sedan, leaving the occupants inside injured. According to the California Highway Patrol, this car crash occurred near Orangethorpe Avenue close to the northbound 57 Freeway (SR-57).

The SUV left the sedan in an upside down position at the incident scene and fled away from the scene. The driver of the SUV went west on Orangethorpe Avenue and was arrested as he drove on the southbound 57 Freeway.

We offer our sympathies to the injured victims and wish for their speedy and complete recovery. Injured victims can seek compensation for their medical bills and other relevant expenses from the SUV driver if he is determined to be negligent in causing this traffic accident. Regardless, it is inhuman to leave someone injured at the scene of an accident. There is no excuse for a hit and run accident. Not only is it a violation of California Vehicle Code Section 20001(a), but it is simply morally reprehensible that someone would cause such a major accident and then leave the scene of the accident.…

Ventura County Bicycle Accident Involving SUV Leaves Camarillo Man Dead

76-year-old Camarillo resident John H. Dillingham Jr. was killed in a Ventura County bicycle accident that occurred on June 11, 2011, around 1:15 p.m. on Pleasant Valley Road. According to California Highway Patrol Sgt. Bob Granieri, Dillingham was attempting to make a turn onto Freedom Park Drive when he accidentally veered into the eastbound lane and was struck by an SUV driven by 63-year-old Oxnard local Eva Labrador.

Dillingham was immediately transported to Ventura County Medical Center, where he was pronounced dead two hours later. An investigation is under process. Though the victim mistakenly rode into the wrong lane, the driver failed to see the victim and safely move her car away. The investigating officers need to determine whether Labrador was speeding or distracted. If Labrador is at fault, then she may be held liable for Dillingham’s wrongful death.

Dillingham’s family members should immediately seek counsel from a Ventura County bicycle accident lawyer to obtain timely compensation to cover funeral and burial expenses, loss of love and companionship, and other accident-related damages.

Our law office offers sincere condolences to all those who knew and loved John H. Dillingham for such a heart breaking loss.…

New Vehicle Technology Lets Cars “Talk” to Each Other to Prevent Accidents

Vehicle-to-vehicle (V2V) technology that allows vehicles near one another to communicate may lead to breakthroughs in vehicle safety by warning drivers about the behavior of nearby vehicles, according to a recent article from the Associated Press.

V2V systems were the subject of a recent conference in which automakers offered demonstrations of one system currently under development. The system uses a wireless communications grid to allow vehicles within about 1,000 feet of one another to trade information about 10 times per second.

The vehicles trade information on their location, direction, and speed. If an oncoming vehicle poses a risk of a crash, red lights inside the vehicle light up and warning sounds alert the driver of the oncoming vehicle, allowing the driver to avoid a crash even if parked cars, buildings, or other obstacles prevent the driver from seeing the oncoming car.

Although V2V systems show promise at helping drivers avoid serious auto accidents, they are not yet ready for road use. Testing will begin this summer in Ann Arbor, Michigan, using volunteer drivers and a closed test course. Researchers predict the overall effectiveness of the system will depend on how drivers respond to the vehicle’s warnings.

Car accidents can cause serious injury, and even a careful driver cannot always prevent or avoid them. If you’ve been injured in a car accident, please don’t hesitate to call the knowledgeable San Diego car accident injury lawyers to learn more about your legal options and your rights after a crash. For a free, confidential consultation, call us today.…

Southern California Personal Watercraft Safety Statistics

Personal watercraft (PWC) injuries account for about one-third of all boating- and watercraft-related injuries per year in southern California, according to the California Department of Boating and Waterways. PWC accidents are especially common along California’s southern coast and on Lake Perris.

Southern California sees more personal watercraft injuries each year than the rest of the state. A significant percentage of these accidents take place on inland lakes, such as Lake Perris and Silverwood Lake. For instance, about 10 percent of all California PWC accidents each year occur on Lake Perris, while about 28 percent of all California PWC accident each year occur along the Southern California coast. The Colorado River is also a frequent site of PWC and other boating-related injuries.

You can help protect yourself from a PWC accident by following a few simple steps:

• Always wear a properly-fitting personal floatation device (PFD) while riding a PWC, as required by California law;
• Never drive or ride on a PWC if you’ve been drinking; and
• Avoid excessive speeds, as speeding is a key factor in many California personal watercraft accidents.

If you or someone you care about has been injured in a PWC accident, the skilled San Diego personal watercraft injury attorneys are prepared to help. We can put our experience to work for you at every step of the process, from filing an insurance claim to fighting on your behalf in court. Contact us today for a free, confidential consultation.…

ATV Crash in Valley Center Leaves Two Injured

Two North County San Diego all-terrain vehicle riders crashed their ATVs just south of Rincon and had to be rushed to local hospitals on Sunday afternoon. The accident happened around 2:20 p.m. on Paradise Creek Road, just south of Paradise Creek Lane, as California Highway Patrol’s website reported.

One rider had to be flown to Rady Children’s Hospital via helicopter and the other was taken by ground ambulance to Palomar Medical Center in Escondido. Neither rider had been wearing a helmet, and no additional information on the crash was available as of Sunday night.…

San Diego Elder Financial Exploitation Lawyers

As They Get Older, Elders are Less Able to Think and Act Independently.

They Hire Help or Ask Their Family Members to Take Care of Their Homes and Assets. Unfortunately, Unscrupulous People See This Vulnerability and Take Advantage of this By Financially Exploiting an Elder.

People over 50 years old hold over 70% of the nations wealth, and most of them don’t even realize the value of their belongings. As San Diego seniors and retirees get older, they become less physically and mentally able to live independently, so they hire helpers or ask family members, who have access to their homes and assets, to take care of them. Many of the people who are directly responsible for the elder’s care take full advantage of this without the elder’s permission and exploit the elders financially to benefit themselves.

Who is Most Likely to Exploit an Elder?

Family members, including sons, daughters, grandchildren, or spouses, are most likely to financially exploit an elder. They may have a substance abuse, gambling, or financial problem. Or, they justify the exploitation because they feel that what they are taking is rightfully theirs and will be deprived of it. There are several other factors that may contribute to financial abuse that stems from insecurity. For example, an abuser may fear that the elder will get sick and use up their savings, depriving them of an inheritance. The abuser may also have negative feelings toward the elder or to other family members and what to pretend them from inheriting any of the elder’s assets.

What are the Signs of Financial Exploitation?

• Significant withdrawals from the elder’s accounts
• Sudden changes in the elder’s financial condition
• Items or cash missing from the senior’s household
• Suspicious changes in wills, power of attorney, titles, and policies
• Addition of names to the senior’s signature card
• Unpaid bills or lack of medical care, although the elder has enough money to pay for them
• Financial activity the senior couldn’t have done, such as an ATM withdrawal when the account holder is bedridden
• Unnecessary services, goods, or subscriptions

Report Elder Financial Exploitation

If you or someone you know is being financially exploited, tell someone you trust and act immediately. In the U.S., you can also call Eldercare Locator at 1-800-677-1116. You should also contact an elder abuse lawyer right away. The San Diego elder financial exploitation attorneys are trained at handling these kinds of situations. It is important that the abuser is brought to justice, and damages caused by the elder be compensated. Contact us so we can ensure the safety of the victim and prevent others from being abused.…

San Diego Elder Abuse Lawyers

As San Diego seniors age, we will become more physically frail and less able to think and act for ourselves. In addition, we become less able to stand up to bullying or fight back if we are attacked, making the elder population extremely susceptible to being manipulated and taken advantage of, mentally, physically, and financially. Unfortunately, this happens more than we think and it most frequently happens in the home by spouses, adult children, and grandchildren.

Thousands of seniors in San Diego are abused by someone directly responsible for their care. In fact, more than half a million reports are made each year across the U.S. and millions more still go unreported.

If you or someone you know is being abused, tell someone you trust and contact a San Diego elder abuse attorney immediately to bring this abuser to justice and get compensation for all the damages done.…

Remember California Laws for Safe Boating this Summer

California boat accidents are all too common in the summer months. Whether you’re on the ocean or on an inland lake, river, pond, or stream, a boat accident or crash can cause serious injury.

According to the California Department of Boating and Waterways, there were 570 reported boat accidents in our state in 2010. In these accidents, 283 people were injured and 49 people lost their lives.

Some key points of California boating law, according to the Department of Boating and Waterways, to keep in mind this summer include:

• Lifejackets. A lifejacket or personal floatation device (PFD) must be worn by any passenger under age 12 on any vessel less than 27 feet long. If you’re on a personal watercraft or being pulled by another vessel, you must also wear a PFD, regardless of your age.
• Driving age. If the boat has a motor bigger than 15 horsepower, the boat’s driver must be at least 16 years old to operate the boat without an adult. Drivers between the ages of 12 and 15 may operate the boat only if an adult supervises them. Children younger 12 may not operate these boats.
• Boating safety courses. These are required for anyone convicted of a moving violation while on a boat, but they can improve safety for any boater.

Our San Diego California boat accident attorneys have the practical experience and personal dedication to fight to protect your legal rights after an accident. If you or someone you love has been injured while boating, call us today. Your first telephone consultation with us is free and confidential.…