San Diego Accident Blog

Orange County Files Suit Against Toyota Motor Corp.

jake — Mon, 15 Mar 2010 21:47:07 +0000

$3 billion has been requested in 89 class action lawsuits against the Toyota Motor Corporation and now the Japanese car manufacturer can add another lawsuit to the list — this time for design defects in their cars.

According to reports from National Public Radio, Orange County District Attorney Tony Rackauckas has filed a lawsuit against Toyota for the sale of hundreds of thousands of automobiles with defective accelerators in Southern California. Rackauckas is basing this product liability lawsuit on consumer protection.

Orange County District Attorney Tony Rackauckas has filed a lawsuit against Toyota for selling cars with unintended acceleration problems. (Source: OCDistrictAttorney.com)

Our San Diego firm’s personal injury attorneys like it when government organizations fight for the rights of their citizens. Already there have been reports of close-call car accidents from Toyota drivers throughout Southern California, not just Orange County. All-in-all, 52 wrongful deaths have been traced back to crashes where defective accelerators might have been the cause behind these fatal car accidents, according to regulators.

“We need to make sure that when Toyota says ‘Oh, what a feeling’ and ‘Moving forward’ that they are talking about great cars,” Rackauckas said.

Toyota is accused in the lawsuit of using shady business methods to reach the spot of being the world’s number one car manufacturer, with civil penalties sought for $2,500 per violation according to the the Unfair Business Practices Act.

Last year, a San Diego family of four lost their lives when their Toyota vehicle’s accelerator became stuck and drove off the road in Santee. The story gained national, if not global, attention, which Toyota took the blame for, sparking a U.S. recall that brought in six million cars for servicing.

Our car accident attorneys want to know the same thing as Rackauckas: Did Toyota put profits over people? And if so, what can be done to stop this kind of problem in future automobiles driven not just in Southern California, but everywhere?

If you were injured in a car accident that wasn’t your fault and believe that you deserve compensation, then call our bilingual law offices right away at 1-800-655-6585 or click here for a FREE consultation with an experienced auto accident attorney in San Diego and find out how we can help you. We look forward to providing good advice for your case. There is no cost for your initial consultation, and there are no fees until we recover a fair auto accident settlement.

YOUR TAKE

What is your stance on the “profits over people” argument against Toyota?

Orange County Files Suit Against Toyota Motor Corp. is a post from: Personal Injury Accident Blog

Sacramento’s Largest Personal Injury Settlement Awarded

adio — Mon, 15 Mar 2010 13:00:35 +0000

An Oregon girl that was accidentally run over by a truck driven by her father was awarded a $24.3 million personal injury settlement following a trial involving a semi-truck accident that happened in 2004.

Diana Yuleidy Loza-Jimenez was given the settlement by a Superior Court jury on March 5, 2010 from Freeway Transport, Inc., the Portland, Oregon trucking company a judge found responsible. According to the Sacramento bar association, this personal injury settlement is the largest in Sacramento County history.

Diana Yuleidy Loza-Jimenez was awarded the largest personal injury settlement in Sacramento County history. (SOURCE: Sacramento Bee)

Our personal injury attorneys in San Diego know that no settlement can replace the perfect health of a child. Children’s injuries can be extremely detrimental to future growth. If the accident happens at too early of an age, for example, growth can be slowed or even halted. The settlement does help take care of the medical bills that are a result of the multiple surgeries the truck accident caused. Loza-Jimenez suffered catastrophic injuries to her entire lower body that will likely require an several future surgeries.

Six years ago, Loza-Jimenez, who is now 14, joined her family on a Thanksgiving long-haul trip from their house in Hermiston, Oregon to Bakersfield, California where they were going to visit relatives and pick up a load to bring back to Oregon. While traveling, they stopped near Mount Shasta, and the driver of the truck, Simon Loza Mejia, got back in the truck and pulled out with his daughter still outside. Loza-Jimenez was pulled underneath the truck’s rear wheels, which caused her injuries.

The Freeway Transport defense team argued that because wasn’t the actual long-haul carrier, they shouldn’t be held responsible. The company brokered Loza Mejia’s truck deal to haul the shipment.

Our San Diego personal injury attorneys believe the settlement will definitely help Loza-Jimenez in the future, but there’s no amount of money that can substitute for a high quality of life. Depending on the extent of the damage, Loza-Jimenez may never be able to return to a great quality of life, and the settlement can’t replace what she may miss out on with her peers.

Call us now at 1-800-655-6585 or click here for a FREE consultation with an experienced personal injury attorney in San Diego and find out how we can help you. We speak English and Spanish, and we look forward to providing advice for your case.

YOUR TAKE

If you are the parents of a child whose injuries were caused by an accident like this, would any amount of money be a proper amount?

Sacramento’s Largest Personal Injury Settlement Awarded is a post from: Personal Injury Accident Blog

Salmonella Worries Behind Pringles’ Voluntary Recall

jake — Sun, 14 Mar 2010 13:00:38 +0000

Pringles Chips have a motto that “once you pop, the fun don’t stop.” That might be true, except when it comes to product liability concerns with the chips.

The Christian Science Monitor reports that Pringles are recalling several products due to concerns of personal injury caused by salmonella in the chips’ ingredients. A spokesperson for the Food and Drug Administration (FDA) says the reason these items, totaling 26 products, were recalled is because they are considered “ready to eat” foods.

Pringles is recalling several products over worries of salmonella contamination (Source: The Christian Science Monitor)

Our San Diego personal injury attorneys would like to know if any one has experienced pain or suffering after eating Pringles, namely the meat-flavored kinds being named in the recall. So far, no official reports have documented individuals seeking medical treatment for illnesses, but that doesn’t necessarily mean it hasn’t happened.

The FDA says that there is a relatively “low risk” for those who eat Pringles, but you should know a few things about the recalled products to avoid illness in your household.

The taco and hamburger flavored chips are being added to a list of voluntarily recalled products by Pringles’ parent company, Procter & Gamble. A design defect has been found in the recipe, which contains a “flavor-enhancer” known as hydrolyzed vegetable protein (HVP). It was this protein that was found to have traces of salmonella in it.

The FDA defines HVP as ”a substance used in small amounts to add flavor to many commercially processed foods, such as soups, hot dogs, chili, stews, dips, salad dressings, gravies, frozen dinners, and snack foods.”

So why these meat-flavored chips and not all the other ones? The “kill step”, a step in the recipe that kills bacteria factory foods, as well as actually cooking the chips to eliminate bacteria, wasn’t included in the processing. Products might have left the factory tainted with harmful microbes that could hurt those who eat the chips.

Our firm’s San Diego personal injury lawyers stand by the FDA on this recall and urge you to throw out any foods you might believe have been contaminated with salmonella. For more information about the recall, go to this website www.foodsafety.gov and more details are listed.

If you or a loved one were injured in an automobile accident you didn’t cause, then we urge you to contact our bilingual offices as soon as possible at 1-800-655-6585 or please click here for a FREE consultation with an experienced personal injury attorney in San Diego. We handle all cases on a contingency fee basis, which means that you owe us nothing until we recover money on your behalf.

Salmonella Worries Behind Pringles’ Voluntary Recall is a post from: Personal Injury Accident Blog

Miami Heat’s Dorell Wright Arrested For Drunk Driving

jake — Sat, 13 Mar 2010 13:00:00 +0000

Drunk driving can get you into some heat with the law and an NBA star for the Miami heat is felt the burn after he was caught driving under the influence (DUI) of alcohol.

TMZ reports that Dorell Wright, forward for the Miami Heat, was arrested for drunk driving and driving with a suspended license. The local authorities pulled Wright’s 2005 Bentley over after they witnessed it driving recklessly along Miami roads.

NBA player Dorrell Writer was arrested for suspicion of drunk driving.

Our firm’s San Diego car accident lawyers want nothing more than to put a stop to drunk drivers and the catastrophic injuries they cause when they crash into other vehicles or people. The pain and suffering felt by the aftermath of a drunk driver is unfathomable and Wright is lucky that the police stop him before he became responsible for a serious accident.

Around 3:37 a.m., police on the roads saw Wright’s vehicle swerving along the roads and pulled him over to investigate, according to the report. Wright could not provide them with current information on his car insurance policy. His speech was slurred and his breath was tinged with the scent of alcohol.

Wright was booked in a jail nearby for driving on a suspended license, as well as driving under the influence of alcohol. He might have to go into counseling for alcohol abuse, relearn driver’s education and safety, and his car may need drunk-driving prevention equipment installed so that Wright does not repeat his mistakes.

While this basketball forward is a young guy, just starting out his professional career at age 24, Wright should know that DUI accidents are preventable by not drinking and driving. True, no one was personally injured or killed by Wrights actions, but our car accident lawyers know that it can happen, so why even take the risk?

If you or a loved one were injured in an automobile accident you didn’t cause, then we urge you to contact our bilingual offices as soon as possible at 1-800-655-6585 or please click here for a FREE consultation with an experienced car accident attorney in San Diego. We handle all cases on a contingency fee basis, which means that you owe us nothing until we recover money on your behalf.

Miami Heat’s Dorell Wright Arrested For Drunk Driving is a post from: Personal Injury Accident Blog

Toyota Recalls Prius After San Diego Runaway

adio — Sat, 13 Mar 2010 00:55:20 +0000

A car accident involving a Santee family started the questions. A subsequent recall of millions of Toyota cars fueled the fire even further. A runaway Prius nearly caused a car accident for San Diegan James Sikes, and that has prompted ANOTHER Toyota recall.

The Toyota Motor Corporation announced a recall of all 2004-2009 model Priuses because of worries about accelerator pedals getting trapped. Toyota wasted no time issuing this recall after a California Highway Patrol car stopped the Prius after a 30-minute high speed event on a San Diego freeway.

Our car accident lawyers know that Toyota has gotten nothing but bad news pretty much since the start of 2010. Every time you turn on the television, you see another report about a Toyota with unintentional acceleration problems. Toyota has been working since the initial recalls to correct the issues with their cars, but because of the millions of Toyota cars on the road, it is impossible to anticipate when all the fixes will be made. That means there is always the possibility of defective products causing potentially causing a car accident that can cause serious personal injury or wrongful death.

The driver of the Prius, James Sikes, said that his Prius began to accelerate rapidly, and at some points, the car reached over 90 miles per hour. Sikes tried to hit the brakes and slow the car down, but it didn’t appear to work.

“I was on the brakes pretty healthy,” Sikes said. “It wasn’t stopping. It wasn’t doing anything to it. It just kept speeding up.”

Sikes was eventually able to come to a stop by using the emergency brake and the bumper of the patrol car following him. Toyota engineers have been working hard to disprove testimony given in Congress by Dr. David Gilbert, a Professor of Automotive Technology at Southern Illinois University. Gilbert said electrical issues could be what is causing the Prius’s problems.

Our San Diego car accident lawyers hope that these recalls issued by Toyota will help in the future quality of their products. Discovering these problems sooner rather than later helps get these cars off the road and helps developing safer cars for use in the future.

Call us now at 1-800-655-6585 or click here for a free consultation with an experienced car accident lawyer in San Diego and find out how we can help you. We speak English and Spanish, and we look forward to providing advice for your case. No fee if no recovery.

Toyota Recalls Prius After San Diego Runaway is a post from: Personal Injury Accident Blog

Serious Injuries Result In I-805 Multi-Car Accident

jake — Fri, 12 Mar 2010 20:00:47 +0000

Night driving often proves to be difficult and dangerous. Often local accidents that would be considered minor in daylight are turned into serious San Diego car accidents when the sun goes down. But the same could be said for those who choose to drink and drive. Or leave the scene of an accident.

As the San Diego Union Tribune reports, a multi-car accident on southbound I-805 left six people with personal injuries and requiring medical assistance. Police officers are also investigating whether one or more of the motorists was driving under the influence (DUI) of alcohol and are trying to find at least two cars that left the crash site.

Our San Diego firm’s auto accident attorneys have no tolerance for drunk drivers, especially when they end up causing catastrophic injuries and property damage such as was the case in this crash. That’s another reason why night time driving is also dangerous — because more drunk and intoxicated drivers are likely to be on the road after bars and clubs have closed up for the evening.

According to the California Highway Patrol (CHP), right before 2 a.m., a car pulled over to the side of the highway just north of Market Street to fix a flat tire. Another vehicle collided with it, followed by several other cars crashing into the pile up until the number three lane on the highway was blocked up.

Six people, including two motorists who had to be extracted from their vehicles after being trapped inside, were taken to local hospitals for medical treatment of their serious injuries and trauma. Two vehicles turned the accident into a hit-and-run accident when they fled the scene, said the CHP.

Our auto accident attorneys in San Diego hope that this case illustrates how dangerous it is to be on the roads late at night. It seems that people think they can bend the rules of the law and get away with more, but in actuality, they just end up hurting others on the road. Always have the proper tools and items stocked in an emergency kit when you drive at night, and never EVER drink and drive or leave the scene of an auto accident.

The sun might go down, but the rules of the road still apply.

Serious Injuries Result In I-805 Multi-Car Accident is a post from: Personal Injury Accident Blog

Drunk Driving NYPD Not Fired From The Force

jake — Fri, 12 Mar 2010 13:00:55 +0000

We as a society give police officers a certain amount of authority to enforce the laws of our land, so it is shocking and a bit disturbing when law enforcement officials are found to be driving under the influence of alcohol (DUI). What is even more shocking is how much they themselves are not punished for their actions.

The Gothamist reports that since 1999, 55 New York Police Department (NYPD) officers who were charged with drunk-driving where able to plead down to non felony charges, with just about every single one keeping his or her job in the process.

Is this right?

With knowing all the facts of the case, our San Diego car accident attorneys don’t like the message that the NYPD is sending to potential drunk drivers. The men and women who wear the badges in our neighborhoods are employed to prevent DUI accidents not cause them! These 55 police officers put people in danger because they were intoxicated behind the wheel — a direct violation of the primary job of an officer.

The official stance of the NYPD is that any officer can lose their job when they are found to be someone ”who causes serious physical injury to another person while operating a motor vehicle and is determined to be unfit for duty due to the consumption of alcohol.” So why isn’t this code being followed more strictly? Serious Accidents reported that several NYPD officers have been in drunk-driving accidents, including Andrew Kelly, who reportedly hit and killed a pedestrian while driving drunk and refused to take a Breathalyzer test unit he was sober.

How are these cops able to avoid their DUI punishments that everyone else must face?

According to what we’ve read, felony convictions call of an automatic termination, but misdemeanors do not carry that same weight. Recklessly driving a car while impaired — as opposed to driving under the influence — only means a suspension, vacation day deduction, and counseling for alcohol abuse with probation.

It just doesn’t make sense how the same people that are charged with enforcing the law also get to break it and not face the consequences. Our car accident lawyers hope that these reports are not true because it would be a black-eye to the famous NYPD.

Drunk Driving NYPD Not Fired From The Force is a post from: Personal Injury Accident Blog

Cause Of Auto Accident: Distracted Driver Shaving Bikini-Line

jake — Thu, 11 Mar 2010 13:00:39 +0000

Here at Serious Accidents, we outline and describe many of the top causes of car accidents, but this form of self-grooming is a new one even for us.

Keysnews.com has reported that an auto accident in Florida was caused by a distracted driver who was shaving her bikini line at the time of the car crash. There were no wrongful deaths reported from the accident and only a few minor injuries, this is not a situation to be taken lightly.

“My phone has been ringing off the hook all day, and I know there’s a funny side to this, but it’s also deadly serious,” Florida Trooper Gary Dunick said. “This is a scary road and a lot of bad wrecks are caused by dumb stuff like this.”

Our auto accident attorneys in San Diego couldn’t agree more. Every year there are thousands of car accidents caused by distracted drivers, who apparently believe that talking on a cell phone, switching songs on the radio, or doing personal grooming takes priority over paying attention to the road. This might be a unique situation, but the element of danger is universal and very real.

What’s particularly disturbing about this car accident is that 37-year-old Megan Barnes, the distracted driver, had her license suspended just one day earlier by an Upper Keys court for a drunk-driving conviction. Her 1995 Ford Thunderbird was illegally on the road, as was Barnes, and those two mistakes ended up leading to a much bigger miscalculation in judgment.

Around 11 a.m. on the morning of the accident, Barnes and her ex-husband Charles Judy were traveling in Barnes’ Thunderbird towards her current boyfriend’s location. In order to prepare for her new boyfriend, Barnes was shaving her bikini line while Judy held the wheel of the car. The ensuing rear-end car accident with David Schoff’s 2006 Chevrolet pickup truck injured two female passengers, who were transported to a nearby hospital.

It gets worse. Barnes and Judy traded seats after the car crash to make it look like Barnes had not been driving. Unfortunately for them, Barnes’ chest had burn marks from the airbag on the driver’s side, a dead-give away to police when they discovered the passenger’s side airbags had not been deployed.

Police impounded the Thunderbird and revoked Barnes’ driver’s license until 2015. When they eventually reissue her driver’s license she must have a Breathalyzer ignition interlock device on any vehicle she drives — exactly the kind of DUI prevention method our San Diego auto accident lawyers have been advocating for convicted drunk-drivers.

Driving is a privilege, but drunk drivers and distracted drivers are not capable of handling the responsibility.

Were you or a loved one injured because of someone else’s negligence? If so, we urge you to contact our bilingual offices as soon as possible at 1-800-655-6585 or please click here for a FREE consultation with an experienced auto accident attorney in San Diego. We handle all cases on a contingency fee basis, which means that you owe us nothing until we recover money on your behalf.

Cause Of Auto Accident: Distracted Driver Shaving Bikini-Line is a post from: Personal Injury Accident Blog

CHP Helps Prius Avoid Unintended Acceleration Crash

jake — Wed, 10 Mar 2010 17:09:01 +0000

San Diego cannot seem to purge itself of scary unintended acceleration incidents.

According to the San Diego Union Tribune, a Jacumba Toyota Prius driver almost ended up crashing his car after the vehicle’s gas pedal became stuck and had to call the California Highway Patrol (CHP) for assistance. Thankfully, no catastrophic injuries came from this incident because the CHP officers were able to guide the driver to a safe speed and finally stop his runaway car.

This 2008 Toyota Prius became a runaway vehicle on San Diego roads due to unintended accelearation. (Source: Sign On San Diego)

Our firm’s Jacumba accident attorneys have been following Toyota’s unintended acceleration problem and subsequent recalls since four wrongful deaths in Santee were attributed to the Toyota liability issue last summer. Could the Prius model be infected with the same design defect?

James Sikes was traveling along Interstate-8 in his blue 2008 Prius and he decided to pass an approaching call. After he pushed the accelerator it never retracted. Sikes’ car began speeding at a dangerous rate for the next 30 miles — at one point reaching 94 mph — forcing Sikes to dial 9-1-1 for help.

CHP officers were dispatched and drove along side Sikes, giving him instructions via megaphone on how to slow his car down. Time was ticking down, however, as Sikes was approaching a steep incline in the road that could be fatal at his speed. Before that happened, the CHP officers walked Sikes through the process of going into neutral, pressing the emergency and regular brakes at the same time, and turning the engine off when the speed dropped below 50 mph.

Sikes claimed he was putting all of his weight on the brake to the point where he could smell them burning up. Toyota said that they are aware of the incident and have sent a representative out to San Diego to investigate the problem.

Recently, Toyota issued a recall over the braking system in the Prius, not on the issue of potential unintended acceleration. In fact, Sikes said that he brought in his car after receiving a notice concerning the recall, but was told by the Toyota of El Cajon dealership that he didn’t need to have his car take part in the recall.

Our car accident lawyers are concerned about another scare with a Toyota with unintended acceleration problems. What good is a car insurance policy if your car is potentially dangerous? If Toyota finds out any more information on this problem, hopefully a solution is found sooner rather than later.

If you or a loved one have been injured because of someone else’s negligence, then we urge you to contact our bilingual offices as soon as possible at 1-800-655-6585 or please click here for a FREE consultation with an experienced personal injury attorney in San Diego. We handle all cases on a contingency fee basis, which means that you owe us nothing until we recover money on your behalf.

If you own a Toyota and have more questions or need more information, contact the Toyota Customer Experience Center.

CHP Helps Prius Avoid Unintended Acceleration Crash is a post from: Personal Injury Accident Blog

California Going After Outstanding DUI Warrants

jake — Tue, 09 Mar 2010 18:32:19 +0000

According to the Statewide Traffic Records System, 217,000 driving under the influence of alcohol (DUI) arrests were made, but 790 people were killed in drunk-driving accidents on California roads in 2008.

Did all of these individuals who were arrest for being intoxicated behind the wheel show up to court? No.

The solution? A statewide crack down on all individuals in California who have outstanding drunk-driving arrest warrants in their name, yet have failed to show up for their court date.

Our firm’s San Diego car accident lawyers are concerned about one of California’s biggest problems on the road: drinking and driving. It leads to numerous wrongful deaths each and every and needs to be stopped — not some time in the future, but now. That is what this crack down is all about, to make sure teen drivers, adult drivers, and elderly drivers who have all been arrested for DUI show up in court.

“The people who are wanted made the poor choice to drink and drive and were arrested for DUI,” California Highway Patrol (CHP) Commissioner Joe Farrow said a statement. “Afterward, they ignored court orders, failing to appear and refusing to pay the imposed fine and address other court sanctions.”

A federal grant from the California Office of Traffic Safety of $311,568 has been awarded to the CHP and dubbed the “DUI Warrant Service Project.” From the beginning of March to the end of September, 2010, over 6,000 warrants are expected to be served up and down the Golden State, including here in San Diego.

But this isn’t only an effort in enforcing the law, it is set an example for all other reckless drivers out on the road that you cannot get away with a drunk-driving arrest and that DUI accidents can and should be prevented. Farrow added that those California residents with outstanding warrants can turn themselves in on their own terms or leave it to CHP to bring them in, possibly at their home or during work.

For the car accident lawyers at our San Diego office, this is something that should be happening all the time. This grant should be a continuous fund that allows police officers and highway patrolmen to not only actively catch violators on the road who drink and drive, but making sure they show up to court. There should be technology that prevents them from start their cars until after they have pleaded their case to a judge and even them, mandatory driver safety education should be implemented.

If you ask us, this outstanding DUI warrant enforcement sweep shouldn’t just be a few months, it should be done all the time.

California Going After Outstanding DUI Warrants is a post from: Personal Injury Accident Blog