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Posts Tagged ‘Harris Personal Injury Lawyers’

Pedestrian Accidents

Tuesday, April 26th, 2011

Pedestrian accidents occur daily throughout California. Although pedestrians have the right-of-way, that does not mean absolute safety when crossing a street or walking through a parking lot.

If you are a person that likes to risk crossing the street, even though the light is red and the hand is up, you should realize the danger. Sometimes cars seem farther away than they really are. If there is more than one lane to cross, and several cars traveling on the road, they are likely moving at different speeds. This can be very dangerous if a person tries to cross thinking they can beat the oncoming traffic. Drivers will slow down for you or even stop if necessary, but that also depends on how fast they are going.

Throughout California, there are crosswalks that have yellow flashing warning lights to alert motorists when a pedestrian wants to cross the road. Unfortunately, not all drivers pay attention to those blinking lights. The tip here is to always look both ways before crossing the street, even at a blinking crosswalk or when the light signals you to go.

According to http://www.ghsa.org, California was among the top states for pedestrian accidents in 2010.

Adults 45 to 64 years old had the highest percentage of accidents, while children under 18 are among the lowest percentage. This has not always been the case in California. You can see the statistics here.

In 2010, there were 15,319 pedestrians under the age of 15 struck by motor vehicles in California, and there were 1,183 fatal accidents. Thanks to new laws, safety awareness, and education, these numbers have seen a decrease. There are now crossing guards and monitors that direct traffic so school children can cross the street more safely. However, this does not mean accidents never happen. When pedestrians, especially children, and vehicles are sharing the road, it is extremely important that both respect each other.

The laws that apply to pedestrians on public roads do not apply on private property. For instance, if a person is hit by a car in a grocery store parking lot, the law is not on the pedestrian or driver’s side. At this point, it becomes a civil suit between the driver and the pedestrian.

Knowing your state’s laws and using common sense will keep you safe and out of trouble – whether you are a driver or pedestrian. If you have questions regarding a pedestrian accident case, please contact Harris Personal Injury Lawyers for information regarding right-of-way laws.

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Defective Products, Recalls, and Your Rights

Thursday, February 24th, 2011

Without an experienced personal injury attorney, defective product claims can be some of the most difficult battles to win. The first thing a manufacturer may do is accuse you of simply not using the product properly, or claim that you abused or damaged the product causing it to fail. If the defect is not a design flaw or a widespread problem that results in a recall of the product, proving that it was anything but your fault can seem impossible, and you may feel lucky if you simply get a refund.

Many people misunderstand the definition of “defective.” It is not just about something breaking or working improperly – it could be poorly written or misleading instructions, improper directions by a salesperson, or the lack of adequate product warning labels. Because many of the products we buy are imported, instruction manuals are often translated into English from another language, and the results can be less than accurate.

Most of the time product recalls are the result of non-injury related product defects. Often recalls occur after a retailer or manufacturer salesperson discovers it. Unfortunately, as evidence in recent years with cases involving certain Firestone Tires or Toyota automobiles, it can take horrifying experiences, and sometimes even deadly accidents for the defect to be discovered.

Manufacturers and retailers closely monitor products used by infants and young children for safety issues and potential problems. However, parents should take great care as well. Cribs are notorious for product recalls, as are a variety of toys and even clothing. The Consumer Product Safety Commission requires all children’s sleepwear under size nine be either snug fitting or flame-resistant, and labeled as such. Toys are scrutinized for small parts that present a choking hazard, moving parts that can cause injury, as well as the materials they are made from. Keep a watchful eye for product recalls on the items you buy, and inspect them closely yourself. Even months later, after the product has been “broken in,” make sure it has not become broken. If you find something that warrants a large-scale recall on a crib, toy, or otherwise, you should quickly bring it to the attention of a product defect attorney so the product can be recalled.

Medical equipment is another area for potential defects, and the results can certainly be devastating. Our offices have been handling claims for the DePuy Hip Replacement recall, in which a design flaw on certain implant models has resulted in metal rubbing metal, causing extreme pain, difficulty in walking, and toxins released into the bloodstream of the individual with a DePuy prosthetic hip.

Not only can a defective product lawsuit result in compensation for medical expenses, missed work, and pain and suffering, but it can also result in getting the defective product off the market or the defect fixed, preventing potential pain, injury, or death to many more people.

Keeping receipts, manuals, and other paperwork associated with the products you buy is always a good idea. Should something go wrong, first attend to any possible injuries that may have occurred, but then take pictures, gather witnesses, if any, and contact us immediately. Do NOT contact the manufacturer, or even the retailer. If you get any response at all, it would likely be from their own legal team who will put their company’s interests ahead of yours every time.

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Trial Victory for Harris Personal Injury Lawyers

Tuesday, February 1st, 2011

Harris Personal Injury Lawyers is proud to announce another trial victory. Client retained Harris Personal Injury Lawyers in the Spring of 2008. He had been backed into by a vehicle while he was standing in a private parking lot, sustaining a neck injury. The insurance company for the defendant took a strong position that they would not pay for the client’s medical expenses. The insurance company disputed liability, denied the client was struck by the defendant’s vehicle, and argued that even if he had been, he could not have been injured. The insurance company only offered $7,500 to settle the client’s bodily injury claim, despite the fact that he had suffered a significant neck injury.

Attorney Ryan Harris tried the case with the assistance of Harris Personal Injury Lawyer’s Philip Alexander, Esq. Prior to trial, the insurance company withdrew its $7,500 offer to the client and made no further offers to settle the case. In fact, the insurance company’s defense lawyer from Orange County guaranteed a defense verdict and told Mr. Harris that he was going to “bring his reputation to San Diego County.” The defense attorney hired an accident reconstruction and bio mechanical expert. He also hired an orthopedic expert. Both experts came to court and testified that the accident was very minor, and therefore, the client could not have been injured in the collision. At trial, attorney Ryan Harris cross examined the insurance company’s experts and demonstrated the sloppiness of their work, the flaws in their analysis, and their lack of qualifications to render such opinions. (The defense orthopedic expert was an extremities specialist and not a spine specialist). Mr. Harris also exposed the defense expert’s clear bias, having been hired and paid for by the defense attorney, not only on this case, but many times before. Harris Personal Injury Lawyers subpoenaed the client’s treating physicians to trial and they testified on the client’s behalf and to the significance of his injuries. The jury found the treating physicians to be very credible.

At the close of evidence, and after deliberating for a day, the jury returned a $71,373 verdict in the client’s favor. Post verdict, the insurance company agreed to promptly pay $70,000 to satisfy the judgment and settle the case.

We have successfully tried numerous personal injury cases to verdict, both small and large. If you or a loved one have been involved in a serious personal injury case please do not hesitate to contact Harris Personal Injury Lawyers to get more information on how we can help.

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Bicycle Accident Injury

Tuesday, January 18th, 2011

Bicycle accidents are often overlooked as potential personal injury cases. It is easy for cyclists to feel as though they have no rights on the road. They are much smaller, slower and less powerful. Some cities are more bicycle-friendly than others. However, in some cities, there are no lanes or shoulders to ride, leaving the cyclists to ride in the street (dangerous) or the sidewalks (usually against the law).

Most laws dictate that cyclists follow the same rules and laws as motor vehicles, and in some cases, they may be given similar rights as pedestrians. However, it can be intimidating to share the same lane with cars and trucks, especially when they are rushing by you at 30 to 50 miles per hour. Your other option is to ride on the sidewalk, and although you may feel safe from the traffic, you may be posing a risk to pedestrians. Riding on the sidewalk may also get you a ticket.

Although it is of little consolation to some riders out there, there are rules and laws for motor vehicle drivers to follow. It is common to see the yellow diamond-shaped signs indicating bicycle traffic, or the signs pleading with drivers to “share the road.” Unfortunately, drivers often force cyclists onto the sidewalk or off the road onto rough terrain a bicycle may not be built for.

Most bicycle-related accidents are not reported to the police unless they involve death or very serious injuries. Most hit-and-run drivers in bicycle-related accidents are never caught. Unless there are other drivers and witnesses involved, there is rarely enough information. Right after a bicycle accident, it is very difficult for them to pay attention to details such as the type of vehicle that it them or its license plate number. Even the vehicle’s color can be hard to recall after such an event.

Naturally, the best protection is road awareness and following the rules, as well as wearing the proper protective gear (helmet, pads, etc). Also very important (and required by law in most places), are lights. A headlight on the handlebars, a red light usually attached to the seat post pointed to the rear (blinking or not), and reflectors in the spokes make the bicycle more visible from all sides at night. You can improve your chances even more by wearing reflective clothing.

As with driving a motor vehicle, developing your skills is also important. Learn to control your bicycle before braving the highways. The ability to keep your balance while making evasive maneuvers can mean the difference between simply catching your breath after a scary moment, an ambulance ride, or worse.

Proper representation is crucial in any type of injury case, especially bicycle accident injuries, where the shadow of blame is often cast towards the cyclist. There are laws that favor cyclists, and knowing your rights is important.

If you have been involved in a bicycle accident with a motor-vehicle of any kind please contact Harris Personal Injury immediately to find out your rights.

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Boating Accidents

Tuesday, December 21st, 2010

Don't let a boating adventure become a boating accident.

It is such a treat to be able to escape from your daily routine and go sailing, jet skiing, wakeboarding or waterskiing. Boating is a fun sport and hobby, but the truth is that boats are just as dangerous as any other type of motor vehicle. Unfortunately, many do not take their responsibility on the water as seriously as they should and they wind up in a boating accident.

It is no surprise that with the ocean, rivers and many lakes throughout California, it ranks second in the U.S. for boating accidents. The five primary factors resulting in boat accidents are operator negligence, inexperience, excessive speed and alcohol. The Operational Boating Statistic report states that in 2009, there were 4,730 boating accidents in the U.S. resulting from operator inattention. California has 900,000 registered vessels.

Although you cannot control the decisions others make on the water, you can be prepared by wearing a life jacket and doing your part to stay attentive. Also, because of the high number of boating accidents, the California Department of Boating and Waterways offers safety courses and education for beginner and advanced boaters.

Boating accidents are considered personal injuries – attorneys take a similar approach to boating accidents as they do automobile accidents. Preserving evidence from these accidents is extremely important and often crucial.

Our personal injury lawyers may be able to assist you in recovering damages for medical bills, personal property, pain and suffering. At Harris Personal Injury Lawyers, we have experience with boat accident cases and have handled numerous cases to successful conclusion. Contact us today for your free case consultation.

http://www.youtube.com/watch?v=rdG618TMc5E

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Road Rage can result in Car Accidents and Personal Injury

Monday, November 22nd, 2010

Road rage has always been an issue, not only with California drivers, but with drivers around the country.  Incidents of road rage causing a variety of vehicle accidents are becoming more common as drivers take their aggression to the road.  Road rage often ends in serious personal injury, and in some cases, even death.

The movie “Last Exit” demonstrates the consequences of drivers becoming distraught, hurried, and frazzled behind the wheel of a motor vehicle.  This Hollywood movie features an auto accident brought on by road rage between two women .  One of the women in the film loses her life, and the other is bound to a wheel chair because of a severe injury to her leg.

In 1995, the American Automobile Association (AAA) conducted a survey to measure road rage. The findings showed that 90 percent of drivers claimed to have been either a victim of road rage or had witnessed a road rage incident.

Here are some safety tips when dealing with road rage, courtesy of www.dmv.org:

1.  It is important to understand that you cannot control another driver’s behavior. If you see an aggressive driver on the road, remember to “back off.”  Retaliation never ends well.  If you have been offended by an aggressive driver, the best thing you can do is to avoid confrontation.   By remaining calm, you can prevent risking injury to you or the passengers in your car. Aggressive drivers are usually unaware of their surroundings.  They are not calculating the consequences of their actions, which lead to accidents and injury.

2.  If you have been a victim of, or have witnessed road rage, DMV.org offers this advice: “Talk to a friend or family member about the driving experience… someone you can vent your frustration over the incident to.  Telling the story can reduce your stress.  Some driving clubs or online discussions offer members a chance to vent their frustration as well.”

3.  Another safety tip is to “Know Your Own Driving Style.”  Aggressive drivers often:

~  Tailgate.

~  Use their horn.

~  Flash their headlights.

~  Change lanes quickly and often.

~  Gesture to other drivers.

~  Talk on their cell phone.

Harris Personal Injury Lawyers is experienced with handling law suits that involve auto accident injuries. We have successfully tried numerous personal injury cases to a satisfactory verdict. If you or a loved one have been injured in a car accident caused by road rage and need legal representation, please do not hesitate to contact Harris Personal Injury Lawyers to get more information on how we can help.

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Auto Accident, Drunk Driving, and Safety in San Diego County

Tuesday, November 16th, 2010

Motor vehicles can become dangerous weapons when a driver is inexperienced, reckless, or simply does not respect the laws governing our Southern California roadways. The most blatant example of this is the drunk driver.

National Highway Traffic Safety Statistics show the following facts regarding motorists driving while under the influence of alcohol.

• In 2008 Approximately 12,000 people were killed in traffic accidents related to Drunk Driving.
• 5,432 drivers, ages 21 to 34 were killed in motor vehicle crashes.
• 32% of drivers killed in vehicle crashes on weekends were impaired by alcohol and 15% of drivers killed in vehicle crashes during the week were alcohol impaired.
• 32% of fatal motor vehicle crashes involved a driver or motorcycle rider with a blood alcohol concentration above .08.

In San Diego the penalty paid for a DUI depends on whether it is the1st, 2nd, 3rd or 4th offense. Maybe we are being a little opinionated here, but if someone has a 4th DUI perhaps the 1st, 2nd, and 3rd DUI penalties weren’t harsh enough.

Here is the difference between the 1st DUI and 4th DUI penalty:

First offense  -  Classification: Misdemeanor

A person’s first DUI will land them in jail for a minimum of 48 hours, a minimum fine of $390.00, 6 month suspended driver’s license, mandatory DUI school, possible community service, and 3-5 years of probation. Also the drunk driver’s automobile will be impounded and they will have mandatory SR22 insurance.

Fourth offense -  Classification: Felony

Prison sentence for this one is a Minimum of 16 months and a maximum of 3 Years. The fine is the same as the 1st DUI offense and driver’s License Revocation is 5 yrs. And that is if there were 2 prior DUIs within 5 years.

Of course there are further penalties for individuals who have caused damage and injury to others during a drunken driving accident on our San Diego roads and freeways. For those who have been injured by a drunk driver, having an experienced auto accident and personal injury lawyer will be necessary to ensure those victims and their families see justice and are properly compensated for their losses.

Whether you need advice, want to know your rights, or you or someone you know needs strong legal representation, Harris Personal Injury Lawyers located in San Diego can help. Contact us today for a free consultation.

Also here is some advice from www.DMV.org on what you can do if you witness unsafe or drunk driving:

“If you notice someone driving in an unsafe manner, call 911. Report what you saw. Identify the vehicle color, make, model, and license plate number whenever possible.”

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Fiery Crash Leaves 3 Dead, 15 Injured

Thursday, August 12th, 2010

Police are currently investigating a collision involving a van and an SUV that collided Monday evening, leaving 3 dead and 15 others injured.

Four graduates of Cathedral Catholic High School were driving in a Ford Explorer SUV when the driver lost control of the vehicle and swerved into oncoming traffic. The Explorer collided with a van carrying a cross-country team headed to high-altitude training camp, and burst into flames. Two passengers from the SUV were killed. Police have recently identified the 2 Cathedral Catholic graduates as Amanda Post and Natalie Nield, both former cross-country atheletes. The crash also claimed the life of the driver of the van, identified as Cal Baptist’s Cheerleading Coach, Wendy Rice.

Inyo County Sheriff’s Deputy Shane Scott witnessed the crash while driving and went back to assist the victims. Scott pulled one passenger from the burning SUV and heard another passenger screaming for help inside, but was unable to rescue her.

15 other passengers have been treated for serious burns and injuries, including one passenger who was airlifted to a hospital in Reno, Nevada to be treated for severe head trauma.

Harris Personal Injury Lawyers would like to extend our sincerest condelences and prayers to the family and friends of the deceased. We also wish for a speedy recovery of those injured in the crash.

Ryan Harris is a San Diego Personal Injury Lawyer and the managing attorney of Harris Personal Injury Lawyers; a San Diego law firm dedicated to protecting the rights of injured persons and their families. If you or a family member have sustained injuries or have been killed in a San Diego County auto accident please visit our website at www.harrispersonalinjury.com or call 1-877-231-9970 for a free consultation.

www.nctimes.com

www.signonsandiego.com

www.latimes.com

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Head-On Crash Leaves Two Injured

Thursday, July 29th, 2010

Two motorists were involved in a head-on collision Wednesday night in the Clairemont Mesa area, authorities report.

An 18-year-old man driving an Acura Integra southbound tried to pass another vehicle and crashed into a northbound Toyota Corolla driven by a 67-year- old man. Police do not suspect the crash was alcohol-related.

San Diego police Officer David Stafford said both motorists suffered serious leg fractures due to the crash. Each driver had one passenger in his car and they sustained minor injuries.

Ryan Harris, the managing attorney of Harris Personal Injury, has dedicated his career to representing victims of San Diego auto accidents. As a result he has successfully settled and tried to verdict a number of  large and small personal injury cases. If you or a family member have been injured or killed in a San Diego County auto accident please visit our website at www.harrispersonalinjury.com or call 1-877-231-9970 for a FREE case consultation.

sandiego6.com

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Another Trial Victory!

Monday, June 28th, 2010

Harris Personal Injury Lawyers is proud to announce another victory. Clients retained Harris Personal Injury Lawyers in May 2010. They had been involved in a rear end motor vehicle collision one year earlier. The insurance company for the defendant had told the clients for over a year that it would not pay the clients’ medical expenses, because they were not entitled to any medical treatment and simply could not have been injured in such a minor rear end collision.  The insurance company took a zero offer position on the clients’ bodily injury claim, despite the fact that they suffered back, neck, and jaw injuries.

The clients had an upcoming bench trial and were without representation.  Harris Personal Injury Lawyers agreed to take on the case and represent the clients at their upcoming bench trial.

Attorney Ryan Harris handled the bench trial with the assistance of the firm’s law clerk Garrett May.  Prior to the trial, the insurance company made no offers to settle the case.  The insurance company’s lawyer hired an accident reconstruction and bio mechanical expert.  This expert came to court and testified that the accident was very minor, and therefore, the clients could not have been injured in the collision. At trial, attorney Ryan Harris cross examined the insurance company’s expert and demonstrated the sloppiness of his work and the flaws in his analysis.

At the close of evidence, and after only deliberating for 5 minutes, the judge returned a $15,920.00 verdict in the clients’ favor.

We have successfully tried numerous personal injury cases to verdict, both small and large. If you or a loved one have been involved in a serious personal injury case please do not hesitate to contact Harris Personal Injury Lawyers to get more information on how we can help.

We are located in San Diego County at:
301 Mission Avenue, Suite 203,
Oceanside, CA 92054 (map)
Toll Free: 877-231-9970

Labels: car accident settlement, harris personal injury lawyers, motor vehicle collision, personal injury settlement

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