By admin on October 28, 2010 -
California’s Boating Accident Program, part of the California Department of Boating and Waterways, compiles detailed statistics each year on the number and types of California boating accidents. In California, a boater who is in an accident must file a written report with the Department if the crash involved:
- The death or disappearance of a person;
- An injury requiring more than basic first aid;
- Damage to a boat or other property costing more than $500; or
- The loss of a boat.
Since 1999, the number of boating accidents has gradually decreased. 1999 saw 907 California boating accidents, but only 686 such accidents happened in 2008. The number of injuries in boating accidents was also lower than average in 2008; only 382 people were injured, compared to 524 people in 2000. On average, 50 Californians lose their lives each year in boating accidents. Boating accidents cause over $2,000,000 in property damage annually.
Southern California lakes and coasts, such as those around San Diego, see a higher number of accidents than the northern lakes and coasts, but a lower number of injuries. In 2008, for example, the southern coast saw 230 accidents but only 78 injuries, while the northern lakes saw 141 accidents and 82 injuries. In 2008, 12 boaters suffered fatal accidents while on a southern lake or coast.
Boating accidents often result from the carelessness or negligence of another boater. If you or a loved one has been injured in a boating accident, please contact an experienced San Diego boating accident lawyer. Attorney Steven A. Elia can help you understand your legal rights and options and will fight to win you the compensation you deserve. Call 619-444-2244 today to set up a free case evaluation.
By admin on October 26, 2010 -
A spinal cord injury is any injury that damages the spinal cord, the complex bundle of nerves that runs through the spinal bones or vertebrae. The spinal cord may be damaged when the vertebrae are broken or dislocated, causing them to cut or push against the spinal cord. In severe cases, the spinal cord may be severed completely.
Approximately 12,000 people suffer a non-fatal spinal cord injury in the U.S. each year, according to the National Spinal Cord Injury Statistical Center. About 262,000 people in the U.S. live with a spinal cord injury.
Currently, the average age of a spinal cord injury patient is 40.7 years. Men are more likely than women to suffer a spinal cord injury; each year, about 80% of new spinal cord injuries happen to men. However, any serious trauma or injury to the body may result in a spinal cord injury, especially if the trauma results in a broken back or head injury.
In California, the most common way to suffer a spinal cord injury is in a California car accident. About 41% of new injuries happen in vehicle crashes. Falling causes about 27% of spinal cord injuries, and violent treatment by another person causes about 15% of new injuries each year.
A spinal cord injury can be a life-altering event. Even mild spinal cord injuries may result in some loss of sensation or control in various areas of the body. Although early treatment can reduce the long-term effects of an injury, most spinal cord injury patients find their lives permanently changed in some way.
If you or a loved one has suffered a spinal cord injury and you believe someone else’s negligent actions were responsible, please contact experienced San Diego spinal cord injury attorney Steven A. Elia to discuss your legal rights and options. Call 619-444-2244 today for a free consultation.
By admin on October 21, 2010 -
A local police officer was nearly hit by a drunk driver in Carlsbad recently, according to San Diego news outlet KGTV. The woman was eventually taken into custody on suspicion that she intended to hit the officer.
A Border Patrol agent found the driver sitting in her vehicle on the median near Carlsbad Boulevard and Ponto Drive. He contacted local police, who arrived to discover the driver had locked herself in her car. Instead of following the officers’ directions to get out of her car, she began to drive away, pointing her vehicle directly at one of the police officers. The officer had to jump out of the way to avoid being hit by the car.
Other officers followed the driver on a high-speed chase that eventually ended near Leucadia Boulevard and North Coast Highway. According to police, the driver stopped because she ran out of gas. Police removed her from her vehicle and took her first to a local hospital for minor injuries, then to jail.
Drunk drivers are among the most dangerous hazards on the road. Their inability to make clear decisions, operate a motor vehicle safely, or avoid sudden dangers means that drunk drivers are involved in a disproportionate number of California motor vehicle accidents.
If you or a loved one has been injured in an accident, please contact an experienced San Diego car crash lawyer to discuss your rights and options. Attorney Steven A. Elia has experience dealing with negligent persons and their insurance companies. He will ensure your rights are protected while fighting to hold negligent parties responsible for their actions. Call 619-444-2244 today to schedule a free consultation.
By admin on October 19, 2010 -
Most California personal injury cases are tried under a negligence standard. This means that, in order to prove that someone else should be held responsible for your injuries, you must show that the other person acted with less care than a reasonable person would use, and that, if the other person had not acted carelessly, you would not have been hurt.
But what if part of your injury was your own fault? In these cases, California applies a rule known as comparative fault. In a comparative fault case, you are entitled to recover the amount of monetary damage your injury has caused, minus a percentage that represents how much of the injury was your fault. For instance, if a court finds that the other driver in a car accident was 90 percent responsible for the accident and you were 10 percent responsible, you will be allowed to recover only up to 90 percent of your damages from the other person.
Comparative fault is used in most California injury cases, including vehicle accidents, slip and fall cases, and product liability actions. Comparative fault is generally considered more fair than contributory negligence, which allows courts to prevent injured people from recovering anything if they were even the tiniest bit responsible.
An experienced San Diego personal injury lawyer is your best possible choice against comparative fault claims. Attorney Steven A. Elia has years of experience handling personal injury cases, including comparative fault. He will fight to ensure your side is heard and that negligent parties are held responsible for their actions. Call the Law Offices of Steven A. Elia today at 619-224-4444 for a free consultation.
By admin on October 11, 2010 -
A multi-vehicle accident in Orange County recently may have been caused by a 22-year-old Marine corporal stationed at Camp Pendleton. Police believe he was intoxicated at the time of the crash, according to a recent article posted by Channel 10 News.
The Marine, who is stationed at the Northern San Diego base, ran a red light at the intersection of Avery Parkway and Marguerite Parkway in Mission Viejo while exiting the San Diego Freeway. His car hit a Honda Element in the intersection, pushing it into a second car nearby.
The three passengers in the Honda and one in the Chevy Cobalt were treated for their injuries at a nearby hospital. All four are expected to recover. The Marine corporal walked away from the California auto accident without injury. He was taken into custody by the Orange County sheriff’s department on suspicion of driving under the influence of alcohol or drugs (DUI). He is currently being held on a $100,000 bond in the Orange County jail.
Motorists who drive while under the influence of alcohol or drugs put both themselves and other drivers at great risk. Drivers who are unfortunate enough to suffer a collision with a drunk or drugged driver may be seriously injured or even killed. If you or a loved one has been injured in an auto accident, please don’t hesitate to contact an experienced San Diego car accident injury lawyer. Steven A. Elia has years of experience fighting for injured individuals and their families after a car crash. Call Steven A. Elia today at 619-444-2244 for a free and confidential consultation.
By admin on October 6, 2010 -
As a parent, there’s no doubt you do everything in your power to keep your children safe. When taking into account that children are more at risk of being injured due to a dog bite or attack than adults, it is important to be aware of the dangers posed by dogs so that you can help prevent your child from being bitten.
The Centers for Disease Control and Prevention (CDC) notes that children between the ages of 5 and 9 experience the highest rate of dog bite injuries. While it is the responsibility of a dog owner to ensure that their dog does not harm others, here are some safety tips to teach your child in the event that he or she encounters an aggressive or unrestrained dog:
- Never go up to a dog that you don’t know and even when you are familiar with the dog, be cautious and approach the dog slowly
- Never run away from a dog or make load noises (screaming, yelling, etc.)
- Roll into a ball or lie motionless if you fall to the ground because of being hit by a dog
- Never play with a dog unless an adult is present
- If you see a stray dog or a dog that is acting unusually, tell an adult right away
- Never try to pet or play with a dog that is eating, caring for puppies, or sleeping
- Do not make direct eye contact with a dog
- Never pet a dog before you have let it see and sniff you
- If a dog bites you, immediately tell an adult
Even though California Civil Code 3342 holds a dog owner liable for damages suffered by any individual who is bitten by the dog, obtaining compensation for a San Diego dog bite accident may not always be that simple.
If you or your child has been bitten by a dog, an experienced San Diego dog bite lawyer can help ensure that your rights are protected and that you obtain compensation for medical treatment, surgery, and other expenses. In order for you to obtain restitution, it is not required for a dog to have a history of viciousness, nor does the owner need to have known about such behavior. Contact skilled San Diego personal injury attorney Steven Elia for a free consultation of your dog bite case. Call 619-444-2244 today.
By admin on October 5, 2010 -
A slip and fall injury can happen anywhere: in a friend’s home, in a grocery store, or while walking along a sidewalk or in a parking lot. If you suffer a slip and fall in San Diego, follow as many of these tips as you can to help establish what happened and protect your rights.
The first thing you should do after a slip and fall is to seek medical care for your injuries. Since some slip and fall injuries take a few days to fully appear, be sure to seek follow-up care if your pain increases or you have problems moving or performing daily tasks. Photograph or have your physician’s office photograph any bruises, scrapes, cuts, or other injuries that appear on the outside of your body.
As soon as possible after your fall, take photographs of the accident area, including any spills, cracks or other conditions that may have caused your fall. Write down everything you remember about your fall, including the time of day, the lighting, how busy the area was, whether you were carrying anything, and what the weather was like. If other people witnessed your fall, get witness names and addresses.
If you slip and fall on property owned by a business, like a grocery store or sidewalk, the business may ask you to fill out an accident report. An accident report is an excellent way to preserve memories about the conditions that caused your fall. However, do not sign any waiver, settlement agreement, or other document before you consult an experienced San Diego slip and fall lawyer. A property owner or insurance company may press you to accept a settlement much lower than the actual costs involved in your fall. A skilled San Diego premises liability attorney will help you protect your rights and fight to win you the full compensation you deserve. Call The Law Offices of Steven A. Elia today at 619-444-2244 for a free case evaluation.
By admin on October 1, 2010 -
Abbott Labs, the makers of Similac baby formula, have recalled several million containers of their product after an inspection in the manufacturing plant revealed a beetle infestation, according to the San Diego Union-Tribune. A handful of parents have reported finding insect parts in the powdered formula.
The affected formula was shipped to stores across the United States as well as in Puerto Rico and the Virgin Islands. The formula was sold in cans and plastic containers. Parents who wish to know if they bought the recalled formula can visit the company’s website at www.similac.com/recall or call a toll-free hotline at (800) 986-8850. Both the website and the hotline provide information about which products were recalled and how to return them to the company for a refund.
Thus far, no children have been seriously harmed by the affected formula. Pediatricians note that the most common symptom children may have is fussiness and an upset stomach. Parents should call their child’s doctor if the child’s discomfort lasts more than 24 hours or if the child shows signs of more severe distress.
Few things are more frightening than learning that your loved ones have eaten food or taken medication that has been contaminated with an unknown or dangerous substance. If you or a loved one has become ill by using a product that was then recalled, please contact experienced San Diego product liability lawyer Steven A. Elia. The Law Offices of Steven A. Elia will help you understand your rights and options and will fight to hold negligent parties accountable for their actions. Call Steven A. Elia today at 619-444-2244 for a free consultation.
