San Diego Personal Injury Lawyer Blog

Researchers at the University Of California San Diego and other research facilities around the world are exploring the benefits in the use of folic acid in treating brain and spinal cord injuries. It is well known that pregnant woman who do not consume enough folic acid (vitamin B9), have a higher risk of giving birth to babies with neural tube defects such as congenital deformities involving the development of the spinal cord and brain. Researchers at the University of Wisconsin, Madison have collected significant data suggesting that the use of folic acid might be beneficial in treating spinal cord and brain injuries. Folic acid was also found to promote healing and nerve cell regeneration following injury in rodents. Commentary by researchers at Universitatsmedizin Berlin, Germany indicate that the study data provides a rational for testing folic acid supplements on patients with spinal cord and brain trauma.

Hope For The Future.

Cutting edge and progressive research such as the use of supplements and other therapies including stem cell, are vital in promoting alternative treatment for brain injury and spinal cord injury victims. Individuals who have sustained serious injuries often have limited treatment options and have life long challenges, which impact their quality of life.

I have seen many people over the years who have sustained brain and spinal cord injuries in auto accidents, motorcycle accidents, construction accidents, or from a slip and fall accident.The development of new treatments provides hope for the future. An experienced personal injury attorney can be a great resource in dealing with serious injuries.

San Diego 6 News reported that one man was killed, two others sustained major trauma, and a fourth person was also injured in a three vehicle accident on 4-21-10. The incident occurred at 2 p.m. on the 5500 block of the Silver Strand Highway in Coronado. A north bound vehicle was rear-ended and knocked into the south bound lanes causing a head on collision.

Coronado Fire Chief Ed Hadfield said that upon arrival there were three vehicles involved and four people injured. One deceased, two sustaining major trauma requiring transportation to trauma centers and a fourth who sustained minor injuries and whose conditions are unknown. The man who died was suspected of having a heart attack and was a passenger in one of the vehicles. On Thursday the county Medical Examiners Office released the identity of 95-year-old Stevens Friedman of Coronado.

Our deepest sympathy goes out to the family and friends of Mr. Friedman.

Applicable California Law

The news accounts do not state whether any of the three non-fatally injured was the driver of the at fault vehicle. In addition, there are no facts that would indicate that the drivers of the vehicle that was rear-ended or hit head on contributed to causing the accident or resulting injuries, which would affect any potential injury claims. According to authorities Mr. Friedman was wearing his seatbelt, and thus it could not be argued that he contributed to his death . Mr. Friedman's family members would have wrongful death claims against any one who caused his death pursuant to California Wrongful Death Statute. Furthermore, the personal representative of his estate would probably have no grounds to pursue a survivor action, since it is unclear if Mr. Friedman incurred damages prior to his death or if there are any grounds for punitive damages against anyone.

An auto accident resulting in wrongful death and major traumatic injury is truly tragic. However, when reflecting on the devastating consequences for the victims and their families, it helps the rest of us gain perspective on what is really important in life. Dealing with the many complicated issues after any accident usually adds to the emotional and physical pain. The advice and counsel of an experienced personal injury attorney can make an enormous difference in so many ways.

UNION-TRIBUNE STAFF WRITER Angela Lau reports that the number of accidents caused by "Pedal Misapplication" involving seniors is a growing concern in San Diego and statewide. The highest incidents of fatal crashes involve drivers 85 years-of-age and older. According to San Diego police Detective Dan Wall "I get these cases maybe one one week, and three the next week".

There have been numerous cases of pedal misapplication in the news the worst being the incident that took place at a farmers market in Santa Monica in 2003 killing 10 and injuring 63. In addition, to the incident I previously wrote about involving 86 year-old Ray Elder of La Jolla and Miguel Rodriguez at the Costco parking lot in San Diego last month.

Dr. Peter Rosen director of Sharp Memorial Hospital Rehabilitation Centers Driving Performance Lab said "As we get older, our neurological processes slow down. Our vision and reaction time slow down," he said. "The conduction rate at which neurons fire slows, so that our brain function slows. Brain function determines driver fitness -- that is 99 percent of it ." At the San Marcos senior center Ed Mosler, 63, of San Marcos said most of the pedal mistakes his friends recounted happened under stressful circumstances. " They didn't move their feet fast enough to hit the right pedal. Their legs weren't as strong".

Some research, has linked pedal misapplication to cognitive impairment. A study at East Virginia Medical School tested 180 people ages 65 to 89 in a simulator and found that one-third stepped on the gas pedal by mistake. Over half of the participants suffered from cognitive impairment. Although, pedal misapplication can happen to drivers of any age, elderly drivers suffering from physical and cognitive deterioration, lack of sleep, or taking medication that could cloud their judgment, often put them, other drivers and pedestrians at risk of auto accidents resulting in serious injury.

Applicable California Law

As stated in my previous post, California has no maximum age restrictions on licensing drivers, however drivers are required to have basic competency to drive safely. The California Department of Motor Vehicles offers a special eight hour course for mature drivers over 55 years of age. Current efforts are being made to have the state legislature tighten regulations on elderly drivers such as requiring annual doctor certification to prove fitness to drive. The California DMV currently requires drivers over 70 to take written and vision tests every five years.

As baby boomers continue to age, the number of elderly drivers and auto accidents involving seniors will grow proportionately. Because San Diego is a popular retirement location for elderly people, we have a great number of older drivers on the road increasing the likelyhood of accidents. If you or someone you love has been seriously injured in any accident contact an experienced personal injury attorney.

AMERICAN CHRONICAL reports that the California State Assembly Health Committee unanimously passed a bill by Assembly member Alberto Torrico which would extend funding for spinal cord injury research for an additional five years. The original bill, The Roman Reed Spinal Cord Injury Research Act was signed into law in 2000, renewed in 2005 and would expire next January if the new bill is not approved. The funds are allocated to the University of California, and $13.9 million to date have generated an additional $60 million in research grants from the National Institutes of Health and other sources. The funds have helped in promoting research projects at a number of University of California schools including UC San Diego, leading to 175 published scientific papers and scientific breakthroughs.

Spinal Cord Injury Statistics

According to the National Spinal Cord Injury Statistics Center, there are approximately 12,000 new cases of spinal cord injuries (SCI) each year in the US not including those who die at the scene of the accident. The most common cause being motor vehicle crashes accounting for 41.3% of SCI cases, followed by falls 27.3%, acts of violence 15%, recreational sporting and other activities account for the balance. With various degrees of damage to the spine at different segments, less than 1% of persons experience complete neurological recovery by the time they are discharged from the hospital. The residual effects on SCI victims range from intermittent or chronic pain to various degrees of Paraplegia. To whatever degree, the effects of SCI are compelling and life altering. In many cases extensive medical care, rehabilitation and counseling are required to deal with the devastating effects.

Continued funding for research and development of diagnostic tools, therapy/rehabilitation and breakthroughs in the use of Stem Cell research, for example, are critical. In my many years of representing victims of personal injury resulting from auto accidents, motorcycle accidents, truck accidents and slip and fall accidents I have personally witnessed the devastating effects of SCI. Consulting with an experienced personal injury attorney can have a great impact on helping you or a loved one get the help you need.

NORTH COUNTY TIMES Staff Writer Michael Williams reported that Carrie McKinney, a Point Loma woman in her early 20's, will loose custody of her 6-month-old son after he was mauled by two pit bulls on April 3. The attack happened when the infant was left alone in a carrier on the floor of a friend's apartment in Murrieta, according to police. The dogs tore off the child's diaper and bit his scrotum after which he was rushed to Loma Linda University Medical Center where he underwent surgery. Lance Brown, chief of pediatric emergency medicine at the hospital, stated that if the child were castrated he would require a lifetime of hormone replacement therapy and possible reconstructive surgery. "While such an injury is not life-threatening, it is massively life-altering," he said. The two dogs will be quarantined and then euthanized at the regional animal shelter in Lake Elsinore.

Applicable California Law

California Civil Code3342. (a) provides that the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.

California law imposes strict liability on the owner of a dog who injures another. Unlike most types of personal injury matters which require an intentional or negligent act, in cases involving dog attacks the owner is responsible whether or not he or she believed the dog was dangerous. In this particular instance the dogs' owner were not specifically identified however, if her friend's dogs were the ones that attacked the boy, hopefully there is adequate insurance or other resources to compensate the victim. However, the owner of the apartment building could be held liable if they knew of the dogs' dangerous propensities.

"[A] duty of care may not be imposed on a landlord without proof that he knew of the dog and its dangerous propensities. Because the harboring of pets is such an important part of our way of life and because the exclusive possession of rented premises normally is vested in the tenant, we believe that actual knowledge and not mere constructive knowledge is required. For this reason we hold that a landlord is under no duty to inspect the premises for the purpose of discovering the existence of a tenant's dangerous animal; only when the landlord has actual knowledge of the animal, coupled with the right to have it removed from the premises, does a duty of care arise." Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504

With the great number of dogs in our communities, dog attacks are more common than most people realize. Being a dog owner myself I am extremely sensitive to the need to monitor pets at all times. Even the most docile animal, given the right circumstances, can harm other animals or people, that is why constant vigilance is a necessity. Dog attacks can cause serious physical and emotional injury, but knowing who should be held responsible is not always clear. Having the benefit of personalized representation from an experienced personal injury attorney is crucial.

UNION TRIBUNE Staff Writer Karen Kucher reports that an unnamed 30-year-old woman and her 2-year-old son were struck while crossing Fury Lane Wednesday evening at around 6:10 p.m.. The woman was hit by 21-year-old Carolann Rogers of La Mesa, who was travelling westbound on Fury Lane in her 2003 Toyota Camry and was allegedly adjusting her sun visor because the sun was in her eyes when she struck the woman and her child, according to CHP officer Derek Vinyard.

The victims were flown to a hospital by helicopter. The woman was reported to be in stable but serious condition, according to CHP Sgt. Chris Ertzner, and her son's condition was not released.

Applicable California Law

According to reports Rogers was not driving at an excessive speed however, the fact that her vision was hindered by the sun does not absolve her from liability. As a general rule a pedestrian has the right of way. Nevertheless, it is the responsibility of pedestrians to be cautious and attentive to oncoming traffic. There is no information to indicate that the victim was not paying attention or how far her and her son were into the street when they were hit, which could lead to allegations of comparative fault.

When pedestrians are struck by vehicles they usually sustain serious injuries. In my experience a common confounding factor is the lack of adequate insurance coverage on the vehicle and/or driver. If the victims are fortunate to have adequate first party coverage of their own such as underinsured motorist insurance, it helps to bridge the gap in getting them the compensation they deserve. However, a thorough investigation of the circumstances sometimes leads to the discovery of other potential causes, which could have contributed to the accident. Was there adequate visibility, or did a condition of the location and surroundings affect the drivers ability to see the victim? A property owner's failure to trim a hedge, maintain a nonconforming structure on their property or a municipality's failure to provide adequate lighting are only some of the issues that need to be evaluated. When victims sustain serious injury because of an auto accident, premises liability or any other accident caused by the carless acts of another consulting an experienced personal injury attorney is invaluable.

San Diego News 6's Elex Michaelson reported that 27-year-old Oscar Lopez was fatally injured and his 5-year-old son Oscar Jr. was also injured after they were both thrown from their vehicle shortly after midnight last Sunday. Mr. Lopez and his son were sleeping in the back seat of their SUV, coming home from an Easter party when William Romero, a 43-year-old alleged drunk driver, lost control of his 1992 Chevrolet Camaro and struck the 2004 Ford Explorer. The two cars were travelling on I-5, south of Basilone Road according to the California Highway Patrol. Mr. Lopez was pronounced dead at the scene and his son was airlifted to a hospital. Romero ran from the scene but was later apprehended by Border Patrol Police at San Onofre State Beach and arrested. Romero pled not guilty to gross vehicular manslaughter and other charges on Wednesday.

Our deepest sympathy goes out to Mr. Lopez's wife Angela Lopez ,Oscar Jr. and their family and friends.

Applicable California Law

In addition to the criminal chargers, Romero will be liable for the wrongful death of Mr. Lopez and any physical injury his wife and son suffered from the incident as well as potential punitive damages. Being at the scene and having witnessed the death of their husband and father the Lopezes also have claims for negligent infliction of emotional distress. However, the fact that Oscar and Oscar Jr. were not wearing their seatbelts will have an effect on the value of any claims as being a contributing cause of their injuries.

The loss of a husband, father or any loved one is devastating and no amount of money can compensate the family for their loss. The law is merely an attempt to restore the injured to their pre-injury status. However, victims of auto accidents who have suffered serious physical injury or the wrongful death of a loved one need emotional support, guidance and advice from experts. That is why talking to an experienced personal injury attorney can be invaluable

UNION TRIBUNE STAFF WRITERS Debbie Baker and Susan Shroder reported that 24 year old emergency medical technician Esteban Bahena was killed in a fatal auto accident on 4/1/10. The incident occurred on the 163 south of Washington when Bahena, while rendering assistance by putting out flairs after a multi vehicle accident was struck by another vehicle. The identity of the 55 year old San Diego woman driver of the 1999 silver Dodge Sebring that hit him was not released by authorities. Maurice Luque spokesman for the San Diego Fire-Rescue department said the CHP was still investigating the incident. Reema Makani spokesperson for San Diego Medical Services said Bahena had been an EMT since August 2006 and this was the first fatality since the San Diego Medical Services partnered with the city of San Diego 13 years ago.

Bahena is survived by his two sisters and friends who have our deepest condolences.

Applicable California Law

Since Mr. Bahena was fatally injured while he was on the job, his family would be entitled to workers compensation benefits which would include hospital expenses, funeral costs and other financial benefits. However, these benefits do not preclude his family members from pursuing wrongful death claims against any one found to be a contributing cause of his death. These claims include damages for loss of financial support as well as the loss of love, society and comfort to name a few. The survivors are entitled to pursue wrongful death claims as determined by the California Wrongful Death Statute. The personal representative of the deceased's estate can also pursue a "survivor action" for any damages not covered by workers comp or the wrongful death laws.

Wrongful death claims are far too common, this is the third such accident I have written about just within the last two months. The issues relating to these types of incidents are not only compelling and emotional, but extremely complex. The advice and guidance of an experienced personal injury attorney can be very comforting and invaluable after the loss of a loved one.