San Diego Personal Injury Lawyer Blog

NBC News reported on a new study, which recommends lowering the legal limit for DUI arrests. The study conducted by sociologist David Phillips and Kimberly Brewer at the University of California San Diego suggests that even one drink can seriously impair a driver enough to cause an accident resulting in serious injuries or wrongful death. The study was in part based on data from the Fatality Analysis Reporting System, which contains statistics on U.S. drivers involved in fatal car accidents. The researchers analyzed the ratio of severe injuries and minor ones involving 1.5 million people between 1994 and 2008. According to Phillips, "accidents are 36.6 percent more severe even when alcohol was barely detected in driver's blood." "Compared with sober drivers, buzzed drivers are more likely to speed, more likely to be improperly seat-belted and more likely to drive the striking vehicle, all of which are associated with greater severity," Phillips said. Phillips hopes the study will influence legislators to lower the blood alcohol levels for impaired drivers so as to reduce severe injuries, which will save lives.

Applicable California Law

California lowered its blood alcohol concentration (BAC) to .08 in 1990. California Vehicle Code 23152 makes it illegal to drive while under the influence of alcohol or drugs (see my prior Blog post San Diego Woman Arrested For Fatal Coronado Traffic Accident for California's Driving Under the Influence Law). In addition to criminal penalties, there is civil liability for those who injure or fatally injure victims (see my prior Blog post San Diego DUI Statistics Improve On The New Year for California Wrongful Death and Punitive Damage Law).

Intoxicated drivers, often fail to understand that even one drink affects their ability to make appropriate decisions while operating their vehicle. Statistics and studies show that auto accidents, motorcycle accidents, and truck accidents involving alcohol and or drugs usually result in serious injuries or wrongful death. Victims and their loved ones should consult with an experienced Personal Injury Attorney before they take any action.

Modern Medicine contributor Ned Milenkovich, JD reports on the growing trend of victims being injured or killed by pharmacists' negligence. The increase is in part due to pharmacists taking on expanded rolls in providing complete healthcare services. Some of these new services include cognitive services, routine blood-pressure screening, blood-glucose monitoring, and cholesterol testing, all of which can result in errors. As statistics show, all too often patients are harmed, sometimes even fatally. Sources reveal that an average of 7,000 deaths per year occur in the United States as a result of adverse drug events, with a corresponding average increase in hospital cost of $4,700 per adverse drug event, all due to medication-related errors.

Applicable California Law

California regulates Pharmacists by requiring that they have a degree and are licensed by the state board. Furthermore, they must comply with all of California's laws including but not limited to the Business and Professions Code. Any error leading to pharmacist malpractice are governed by general negligence concepts, which include: duty of care, breach of the duty of care (conduct falling below the community standard), and the breach was the proximate cause of the harm, which resulted in damages. These standards extend to the pharmacy, hospital, clinic, or other instances where the pharmacist is acting in there professional capacity. Damages include medical expenses, loss of earnings and earning capacity and compensation for pain and suffering. In cases resulting in fatal injuries a "survivor action" and or wrongful death claims can be made (see my prior Blog post San Diego Woman Killed by Auto Accident Debris for California's Law on these issues).

As healthcare in California and in the United States evolves, healthcare professionals, other than doctors, will be providing expanded care for patients. These added responsibilities performed by less experienced practitioners will expose patients to personal injury or wrongful death. If you or someone you know are the victim of pharmacist, or other professional negligence, seek the advice of an experienced personal injury attorney.

San Diego Union Tribune Pauline Repard reported that 71-year-old Jan Chizer-Williams of San Diego lost control of her PT Cruiser, struck, and fatally injured a woman and seriously injured her boyfriend and son on June 3, 2011. The auto accident occurred on University Avenue and Euclid Avenue in City Heights while the three victims were waiting at a bus bench. According to police investigator, officer Dan Wall, the driver suffered a severe low-blood sugar diabetic episode causing her to loose control of her vehicle, jump the curb, heading straight for the bus bench striking the victims and running into a building. Police and paramedics responded, Wall reported that the 10 year-old-boy was knocked unconscious, suffered a broken arm, multiple cuts and was transported to Rady hospital. His 25-year-old mother was taken to Scripps Mercy Hospital where she later died. Her 28-year-old boyfriend was taken to UCSD Medical Center with multiple fractures to his leg and feet.

Our sympathy goes out to the boy, his family and friends of the deceased.

Applicable California Law

It is doubtful that Chizer-Williams will face any criminal charges for the accident unless she knew or should have known she was not fit to drive due to her medical condition. However, she will face civil claims for violation of California Vehicle Code 22107, which requires a driver to stay within their lane until it is safe to move from that lane. She will be liable for any property she damaged as well as the wrongful death of the woman who was killed (see my prior Blog post on California Wrongful Death Law And " Survivor Statutes"). Furthermore, she is liable for the personal injuries to the boy and the boyfriend (see my prior Blog post for California Personal Injury Damages). As always when there are serious injuries or wrongful death, issues relating to the adequacy of the responsible parties insurance are crucial (see my prior Blog post on California UM/UIM Coverage and Law).

Sitting at a bus stop and life changes forever. Auto accidents or bus accidents resulting in wrongful death, brain injury or serious injury can change the life of the victims and their families forever. Finding out what your rights are by talking to an experienced personal injury attorney is essential to receiving fair compensation.