Padilla Law Group, LLP

Encinitas Legal Blog

Pedestrian accidents remain a common problem in California

Walking along or across the street shouldn't be an activity that causes fear. After all, we expect motorists to act with a certain level of care that gives us a sense of protection. Therefore, most of us enter crosswalks and walk along sidewalks without much thought of the possibility of being injured or killed in a pedestrian accident. Yet, the very grim reality is that pedestrian accidents are more common than many people think, which may make you think twice about crossing the street.

The statistics related to pedestrian accidents are startling. From 2007 to 2016, pedestrian deaths increased by 27 percent. This is especially troublesome since other accident fatalities decreased by 14 percent during that same time period. The nearly 6,000 pedestrian deaths seen in 2016, which is the most recent year of available data, makes up 16 percent of all traffic deaths. California ranks high on the list of pedestrian fatalities, with nearly two-and-a-half deaths for every 100,000 people. Los Angeles, San Diego and Orange Counties all rank in the top 10 for pedestrian deaths.

Understanding options in auto product liability cases

It seems like every week there is some type of recall related to cars and defective auto products. Since these recalls have become so common, it may seem like they're not a big deal. This isn't true. These dangerous products put innocent individuals in harm's way, threatening to cause serious car crashes that can leave people injured or killed. This is unacceptable, and those companies that are responsible for putting these products on the marketplace need to be held accountable.

This is where an auto product liability lawsuit may prove beneficial. If successful on one of these claims, an individual may be able to recover compensation for injuries. This can include recovering funds to help offset losses like medical expenses and lost wages. Victims may also be compensated for their pain and suffering.

Ways in which a TBI could affect your cognition

Your brain is the organ that allows your body to carry out its necessary functions. In addition to keeping you breathing, recognizing signals from other parts of your body and various other functions, your brain also allows you to think and make sense of information.

When your brain suffers damage, many of your abilities could suffer. In cases of severe traumatic brain injuries, many individuals do not fully recover their abilities to the point they had reached before the injury. One area that could suffer after this type of injury is your cognition.

Strong trial strategy necessary for settlement talks

If you've been involved in a motor vehicle accident then you know it can be difficult to deal with the damages that have been inflicted upon you. You may be in a great deal of pain and suffering, both physical and emotional and nature, and your financial losses may be significant, including enormous amounts of medical expenses and lost wages. If your damages were caused by the negligence of another, then you may be able to impose liability and recover compensation by pursuing a personal injury lawsuit. While most people who think of lawsuits envision courtroom dramas where attorneys aggressively litigate for their clients, the reality is that most cases are settled well before hand. Yet, as we have discussed previously on this blog, there are very specific things that need to be considered when deciding whether or not to settle a case. Building a personal injury claim from the ground up a can take time, and it requires diligence and aggressiveness. The facts must be carefully analyzed and witnesses must be identified and questioned. Documents that can support your claim should also be obtained in a timely fashion so that the information contained within them can be adequately explored to see if it can lead to additional evidence. Then, a trial strategy must be developed that is aggressive, taking into account potential defense arguments. Only then can an individual present strong options at the negotiation table. The legal team at our firm has extensive experience handling personal injury lawsuits arising from car accidents. We know how to use the facts and the law to our clients' advantage, and our track record of success attest to our skills both at the negotiation table and in the court room. We encourage those who have been injured in a motor vehicle accident to consult with an attorney of their choosing to figure out the best way forward with their case.

Your concussion may not be as minor as you think

If you suffered a head injury in a car accident, you may have a concussion. This is a relatively common type of injury in motor vehicle collisions, and they can range from minor to quite serious. For some, the true nature of a concussion injury is not immediately apparent. 

You may assume that your concussion is relatively minor, but you may find yourself dealing with symptoms and side effects that negatively impact various areas of your life. In your case, the injury you thought was minor may be much more serious than you assumed. California car accident victims who suffered any head injury would be wise to learn more about their specific type of injury, treatment options and what support they may need during recovery.

Auto product defects and expert witnesses

It seems like these days there are a slew of automobile recalls due to defective parts. These parts, whether defective in their design, manufacturing or marketing, impose serious safety risks to unsuspecting motorists. In fact, motorists in California and nationwide are sometimes injured or even killed in accidents that are caused by defective auto products. Although there is nothing that can be done to undo an accident and the harm that it causes, victims and their families can choose to take legal action in hopes of imposing liability and recovering compensation for damages they suffered. However, in these types of lawsuits it is often very important to have an expert witness testify on one's behalf.

There are several reasons for this. One is that the legal standard in these cases is strict liability. Although this may make it sound like it would be easier to prove a case, it can actually make it more difficult given the complexities involved with automobiles and outside factors that can contribute to an accident. An expert can help identify what, specifically, resulted in the accident in question.

Recover damages after a child is hurt or killed in a car crash

It seems impossible to go a day without hearing about a big car accident occurring in California. Victims of these events often feel that seeking relief for their losses is impossible. If children suffered injuries or died in a car crash, parents may feel achieving compensation for the resulting losses is particularly difficult. By taking the right steps, parents can seek maximum relief for their children and themselves.

How often are children hurt or killed in car accidents? What relief is available to them and their parents? What if parents are found partially at fault for their child's injuries or death?

Drugged driving can cause serious auto accidents

It's no secret that drunk driving is extremely dangerous. After all, it can have a dramatic effect on an individual's ability to safely operate a motor vehicle. While law enforcement, public interest, and government organizations in California and nationwide make active efforts to curtail the occurrences of drunk driving, there is another problem that all of us on the road are facing: drugged driving. Depending on the type of drug involved, drugged driving can be just as dangerous if not more so than drunk driving. For example, a hard drug like heroin can cause excessive drowsiness as well as thinking and memory problems. Even softer drugs like marijuana can dramatically affect an individual's ability to drive safely. Marijuana can cause delayed reaction times and disturb an individual's ability to accurately perceive distance, speed and time. Drugged driving seems to be becoming more common. A 2017 survey found that almost 13 million drivers over the age of 16 admitted to driving under the influence of drugs. Nearly 44 percent of motorists killed in fatal car accidents in 2016 were found to be under the influence of illicit substances. As drugs like marijuana tend to become more acceptable in society, and the opioid epidemic continues to grow, drugged driving will likely be a problem for years to come. Those who were injured in an accident caused by individuals under the influence of drugs may want to consider taking legal action in hopes of imposing liability and recovering damages. If successful, these individuals may be able to recover compensation not only for financial losses like medical expenses and lost wages, but also for emotional harm. To learn more about how to prove negligence in a drugged driving case, victims should consider discussing their situation with a qualified legal professional.

Assessing settlement of a personal injury claim after a car crash

For many in California, the thought of taking legal action is terrifying. The possibility that litigation may be involved can be paralyzing. Yet, those who are injured in a car crash face this very real possibility. This means that they need to be prepared as fully as possible for litigation if they hope to impose liability and recover compensation for their damages. However, before a case goes to trial the parties usually have the opportunity to sit down and discuss the possibility of settlement. By settling a case, a victim can acquire compensation for his or her losses while avoiding the stress and costs associated with litigation. Defendants, on the other hand, may want to settle a case to avoid the potential of larger judgments against them if the matter goes to trial. Before agreeing to a settlement, a victim needs to consider many things. For example, the strength of a case may dictate that it is in a victim's best interest to take the matter to trial rather than settle. This means that a careful analysis of the facts at hand needs to be made. Witness testimony needs to be considered and possible defenses that may be raised during trial also need to be taken into account. By identifying a case's strengths and weaknesses, as well as the likelihood of success at trial, a victim can better assess whether or not accepting a settlement is in his or her best interest. Although settlement is a very real possibility in most personal injury cases, trial preparation is often key to spurring resolution. Therefore, car accident victims need to go ahead and build a strong legal foundation so that they are in a better bargaining position at the negotiation table.

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320 Encinitas Blvd
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Encinitas, CA 92024

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