San Diego Personal Injury Blog

The San Diego district attorney’s office has decided not to file charges against a ninety-two-year-old man who identified himself as the possible driver in a hit-and-run accident earlier this year, a local news story reports.

In January 2010, a 15-year-old teenager from Vista was skateboarding on Thibodo Road with three friends when a white Toyota Camry hit the teen from behind, then drove off. The severely injured young man was rushed to the hospital but did not survive his injuries.

The day after the San Diego accident, the ninety-two-year old man told police that he may have been driving the car that struck the teenager, but he was unsure. The man said that he had struck something while driving the previous night, which he thought had been some kind of inanimate object or perhaps an owl. The man did not stop to determine what he had hit.

The district attorney’s office decided not to charge the driver with committing a hit and run after reviewing the case and discussing it with the victim’s family. The district attorney decided there was not enough evidence to support a criminal charge in the potential San Diego car accident.

Those who are injured in hit-and-run car or pedestrian accidents are entitled to seek compensation from the person responsible for their injuries. If you or a loved one is injured in a San Diego pedestrian accident, an experienced San Diego pedestrian accident lawyer can help you obtain compensation for medical bills, lost wages, pain and suffering, and other costs associated with your accident. To learn more about your legal rights and options after a car accident, please call San Diego personal injury attorney Steven Elia today at 619-444-2244 for a free and confidential consultation.

The U.S. Consumer Product Safety Commission (CPSC) recently recalled over 1 million light-up children’s eyeglasses and rings, according to the San Diego Union-Tribune. The toys, which were distributed by Chuck E. Cheese restaurants, were recalled because the small batteries inside may cause severe internal injuries if swallowed.

The small batteries, known as “button batteries” due to their shape and size, are causing more and more children to be admitted to the hospital for swallowing them. Although the CPSC has received few reports about severe injuries, ten children were admitted to a Utah hospital recently after swallowing the batteries, and one of the children suffered severe digestive-tract damage.

The batteries are small enough that most children do not choke on them. However, if the battery gets caught in the child’s throat, it may cause a chemical reaction with the body’s tissues that can cause severe burns. An Ohio child died in 2009 when a battery burned through his esophagus and burst a major blood vessel in his chest.

The CPSC recommends checking children’s toys for batteries and keeping those toys away from young children. Button batteries can also be found in watches, remote controls, cell phones, and light-up shoes.

No parent wants their child to play with an unsafe toy. If your child has been injured by a toy, particularly one that was later recalled, please contact an experienced San Diego product liability lawyer. Attorney Steven A. Elia will fight to protect your legal rights and hold negligent parties accountable for their actions. Call the Law Offices of Steven A. Elia today at 619-444-2244 for a free consultation.

A recent increase in fatal dog attacks in California has initiated some counties to examine mandatory neutering of pit bulls and other aggressive dog breeds. According to MercuryNews.com, a 2-year-old boy was killed on July 31 after being attacked in his home by the family’s shepherd-mix. Another 2-year-old boy was killed in Concord from a fatal mauling and in a separate dog bite accident, a man’s three pit bulls killed his stepson.

While some dog bite attacks in San Diego and throughout California are quickly attributed to a dog’s breed, when many of these accidents are looked into more closely, liability can fall upon the dog owner. Dog training, socialization, and other responsibilities of a dog owner can play a significant role in preventing dog attacks and bite injuries. How a dog is raised and socialized can greatly influence its behavior and how it interacts with humans.

The Centers for Disease Control and Prevention (CDC) notes that every year, about 4.5 million people in the U.S. endure dog bites, in which one in five dog bite accidents leads to injuries that require medical treatment and care. The National Canine Research Council has documented 66 fatal dog attacks in California alone since 1965 with about 50 of the fatalities being children.

Dog bites can not only be emotionally traumatic and physically painful, they can also contribute to steep medical bills, especially for individuals who require reconstructive surgery. According to the CDC, over 31,000 individuals had reconstructive surgery in 2006 due to dog bite injuries.

A dog owner is responsible for following leash laws and ensuring that a dog is properly contained within a yard. Dogs that escape a premise and are not accompanied by their owner can unexpectedly attack children and adults in their front yards or on sidewalks.

If you or a loved one has been injured in a dog attack that you believe was caused by the dog owner’s negligence, a skilled San Diego dog bite lawyer can help you hold them accountable and obtain compensation for medical expenses, pain and suffering, and other damages. Contact Steven Elia today for a free consultation about your dog bite case by calling 619-444-2244.

San Diego ranks 103rd out of 193 cities in driving safety in the annual Allstate America’s Best Drivers Report, according to a recent article in the San Diego Union-Tribune. Chula Vista is listed as the country’s 86th safest place to drive, while Oceanside is 110th and Escondido is 119th. According to Allstate, the safest U.S. cities to drive in include Fort Collins, Colorado; Chattanooga, Tennessee; and Boise, Idaho. Washington, DC ranks last – the most dangerous city in the U.S. in which to drive.

Allstate creates its rankings each year by reviewing claims filed by Allstate drivers, who make up about eleven percent of all drivers on the road in any U.S. state. The most recent set of ranking is based on claims Allstate received between January 2007 and December 2008.

Although car accidents in California and across the United States have declined in the past few years, about 35,000 car drivers and passengers die each year, according to the U.S. National Highway Traffic Safety Administration (NHTSA). An additional 840,000 people are injured each year in car accidents nationwide. In order to reduce the rate of traffic accidents and deaths nationwide, the NHTSA provides information for drivers and for states on how to prevent accidents or reduce the risks of serious injury or death.

Ensuring your car is in good working order, using safety belts and child seats correctly, and minimizing distractions while driving are all good ways to help protect yourself from a San Diego auto accident. However, an accident may not be your fault. If you are injured due to the negligence or carelessness of another driver, you may be able to recover compensation from that driver for lost wages, medical bills, and other costs associated with the accident. Contact experienced San Diego car accident lawyer Steven Elia at 619-444-2244 today for a free consultation to discuss your San Diego injury case.

A 26-year-old man suffered a broken pelvis after being hit by a motorist who fled the scene shortly after the accident occurred. According to a SanDiego6.com article, the man walked three-fourths of the way across Grand Avenue in Pacific Beach when he was hit. The driver who struck the pedestrian and kept driving is reported to have been in a black pickup truck. One complex factor in this San Diego pedestrian accident is that the pedestrian allegedly crossed the street despite a red-hand warning signal for him to wait. Nevertheless, in order to help prevent serious injury or fatal car accidents, motorists must always check for pedestrians and other vehicles even when given the right of way with a green light.

The National Highway Traffic Safety Administration (NHTSA) reports that from 1997 to 2006, there were 49,128 pedestrian fatalities, which accounted for 12% of all fatalities in motor vehicle collisions. Single-vehicle accidents are responsible for a significant majority of pedestrian deaths. Considering that California is one of three states that has more pedestrian accident deaths than any other in the nation, San Diego motorists must follow all traffic laws and be fully aware of surrounding vehicles and pedestrians at all times.

With additional NHTSA statistics revealing that an average of 13 pedestrians are killed in auto accidents every day, pedestrians should be on the defensive even when given the signal to cross the street. While pedestrian deaths are shown to be less prominent in crosswalks than in roadways, pedestrians are still at risk due to a lack of protection against the impact of a moving vehicle.

Pedestrians who are injured as a result of distracted or negligent driving have valid legal rights that deserve to be protected. At the Law Offices of Steven A. Elia, our San Diego pedestrian accident injury lawyers can help you obtain compensation for medical bills, loss of wages, pain and suffering, and other expenses/losses associated with your injuries. To learn more about our legal rights and options so that you can make the best decision for your particular situation, please contact Steven Elia today. Call 619-444-2244 for a free consultation.

The U.S. Coast Guard scheduled a hearing in early September in the case of an eight-year-old boy who was killed in a collision with a Coast Guard cutter, according to San Diego’s Channel 10 News.

The three Coast Guard petty officers involved in the San Diego boat accident have been charged with various offenses, including involuntary manslaughter, negligent homicide, aggravated assault, and dereliction of duty. During the hearing, the court will review the evidence and decide whether the case should proceed to trial.

The boy, a resident of Rancho Penasquitos, was aboard a boat in San Diego Bay with three families, who had ridden into the bay to watch the annual Parade of Lights. After the Coast Guard cutter collided with the families’ boat, the boy was rushed to the hospital, but did not survive his injuries. A four-year-old boy who was also on board had his skull fractured in the crash, but is recovering from his injuries.

Some boat accidents in San Diego result in both criminal and civil cases. While the government is responsible for bringing a criminal case, a family who has lost a loved one or a victim who has suffered injury may bring a civil case to seek compensation from those responsible for the victim’s injuries.

Experienced San Diego boating accident lawyer Steven Elia can help families who face medical expenses, lost wages, and other costs associated with personal injury cases. He will protect your rights and help you hold negligent parties accountable for the damage they’ve caused. If you or a loved one has been injured in a boat accident, please call Steven Elia today at 619-444-2244 for a free and confidential case evaluation.

Strict state and federal rules and regulations for commercial truck drivers and trucking companies are in place to keep highways and streets as safe as possible. The Federal Motor Carrier Safety Administration (FMCSA) is constantly developing new ways to help prevent large truck accidents. A recent FMCSA report addresses its naturalistic driving program, which focuses on conducting research and developing tactics to help maintain safety on our nation’s roadways. The FMCSA Deputy Administrator claims that naturalistic driving data has highlighted the most significant findings so far in terms of driver behavior and information to further implement effective safety measures.

The FMCSA naturalistic driving program was initiated after results from the Large Truck Crash Causation Study (LTCCS) showed that the majority of accidents are not caused by defective vehicles or road conditions, but instead are brought on by poor driver performance and human error. The study demonstrated that driver factors were up to 10 times more common than vehicle or environmental factors in events that contributed to accidents involving one truck and one passenger vehicle. The FMCSA has used naturalistic driving data to create new driver fatigue safety monitoring systems; develop new safety practices like onboard monitoring; expand driver training and outreach materials; support the advancement of federal motor carrier safety regulations; and establish a stronger understanding of accidents to help create more effective crash prevention measures.

According to the National Highway Traffic Safety Administration (NHTSA), one out of nine traffic fatalities in 2008 stemmed from a crash involving a large truck. While this statistic is one of many reflecting the potential dangers of truck collisions, it emphasizes the need for accident causation studies and safety awareness to help prevent truck accidents in San Diego and throughout the nation.

No one ever expects that they will be involved in a motor vehicle accident, let alone one that involves a truck. While being injured in a San Diego big rig crash can be an overwhelming experience, it is important for an injury victim to fully understand his or her legal rights and options. At the Law Offices of Steven Elia, our San Diego truck accident lawyers are dedicated to helping our clients obtain compensation for expenses associated with their injuries. Call us today at 619-444-2244 for a free consultation.

Two women suffered severe injuries in a head-on motor vehicle accident in Rancho Santa Fe on Tuesday, September 7. News10 reports that emergency workers arrived at the scene of the San Diego car crash and discovered the two female motorists trapped inside their smashed automobiles. The women were freed and transported for trauma care to Scripps Memorial Hospital La Jolla. A dog that sustained injuries in the collision was transported to a veterinarian for treatment.

While an investigation into this auto accident is still underway, some potential causes could relate to a dangerous roadway or intersection, driver distraction, or a vehicle defect. Investigators may examine whether the driver of the vehicle carrying the dog was distracted by the animal or if one of the motorists was talking on a cell phone or texting before the collision occurred. It is the responsibility of all drivers to safely operate their vehicle by paying attention to the road and following traffic laws.

Frontal impact collisions can lead to serious injury or even death, particularly when traveling at high speeds. While vehicles are expected to be designed and manufactured to withstand a crash under the circumstances of a head-on accident and other types of collisions, some vehicle manufactures fail to uphold this vital responsibility.

The aftermath of a San Diego auto accident presents challenges that can easily overwhelm the victims. As difficult as your situation may be, remember that help is available. At the Law Offices of Steven Elia, our San Diego car accident attorneys have the legal experience and resources to thoroughly investigate your accident case to determine liability and hold negligent parties responsible. Call skilled San Diego personal injury lawyer Steven Elia at 619-444-2244 for a free consultation and to learn more about your legal rights and options.

In a previous blog post, we addressed the national Labor Day Drunk Driving. Over the Limit. Under Arrest. campaign and the National Highway Traffic Safety Administration (NHTSA) drunk driving survey. With groundbreaking data from the survey reflecting that 8% of all drivers have operated a motor vehicle while drunk at least one time during the past year, law enforcement was on high alert over the weekend to help keep motorists, passengers, and pedestrians safe.

No traffic fatalities were reported in San Diego County for the first 60 hours of the Labor Day weekend, according to the California Highway Patrol. A recent news story states that the reporting period started at 6:01 p.m. Friday and ended at 6 a.m. on Monday. During this timeframe, the CHP made 72 arrests throughout San Diego on surface streets and highways for motorists driving under the influence of alcohol or drugs. However, this number does not take into account any drunk driving arrests made by city police officers. One reported traffic fatality was reported in 2009 and 82 drivers were arrested for DUI.

In the 60-hour period, 1,360 DUI arrests were made by the CHP throughout the state and 11 fatalities within 58 counties were reported. Although there were more drunk driving arrests this year than last year’s 1,262, the number of traffic fatalities in California for the Labor Day holiday was up this year by one.

Far too many innocent lives are lost due to drunk driving auto accidents. In 2008, 12,000 individuals throughout the nation were killed in DUI car crashes. The risk of a vehicle collision is great enough due to distracted driving, dangerous roadways, and vehicle defects without adding drunk driving into the mix.

The aftermath of a San Diego car accident can present several challenges for injury victims and their family members. With an aggressive and knowledgeable San Diego car accident lawyer on your side, you may be able to hold negligent parties liable and obtain compensation to offset medical bills and other expenses associated with your accident. Call skilled San Diego personal injury attorney Steven Elia today for a free consultation at 619-444-2244.

Traumatic spinal cord injuries affect nearly 1.25 million people in the U.S., leading to incomplete or absolute paralysis and a loss of sensory below the point of injury. A recent Reuters story reports that a study published in the Public Library of Science Journal has revealed the potential of fixing damaged spinal cords within weeks or even months after an accident.

The study’s results derive from immature human nerve cells that were transferred into the spines of mice, in which the mice were able to walk better after the insertion. Some mice received the cells a month after their spines were surgically severed, which demonstrates that the potential of spinal cord injury treatment may exceed the few days after an accident in order to be successful.

While the procedures performed in this study may not be applied to humans any time soon, or at all, spinal cord treatment research plays a role in determining new and more effective ways of helping injured individuals regain motor functions and sensory abilities.

Auto accidents are the leading cause of spinal cord injury for those below the age of 65. Individuals 65 years old and above are more susceptible to suffering spinal cord injury from fall-related accidents. With these prominent causes in mind, and considering that an estimated 11,000 Americans endure a spinal cord injury each year, spinal cord injury and accident awareness play an important role in prevention.

When a spinal cord injury is brought about by another person’s negligence in a car accident, motorcycle collision, slip and fall accident, or another type of incident, the injury victim can seek compensation from negligent parties for hospital bills, treatment, pain and suffering, loss of wages, and other damages. As an experienced San Diego spinal cord injury attorney, Steven Elia will handle your case with sensitivity, utilizing his legal knowledge and skill to help you obtain the compensation that you deserve. You don’t have to go through this difficult time alone. Call 619-444-2244 today for a free consultation.