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Boating Injuries by the Numbers

The summer has unofficially started as of this Memorial Day. Everyone across the country will be flocking outside to enjoy the warm weather, the sun, the sand, and the great outdoors. Those who are fortunate enough to own boats will be dusting off their vessels ands setting sail. Unfortunately, however, boating is a leading cause of injury and death in recreation, responsible for about 600 deaths a year in the United States.

Because this cause of injury and death is so large, we decided to take a closer look at the phenomenon using data. Below are our findings on the prevalence of boating injuries:

The leading causes of boating injury is operator inattention, followed by improper lookout, and operator inexperience.
3injuries
As with distracted driving, distraction is also a major problem while boating. The next leading cause is improper lookout. After that is operator inexperience: While it may seem fun to let your kids take a shot at driving the boat, it’s probably best to leave it to the adults.

Alcohol is the leading cause of boating deaths.
2deaths

While alcohol is only the sixth leading cause of boating accidents, it’s first in causing deaths. Again, the car metaphor applies: Drinking and operating a heavy machine is a bad idea.

Most boating accidents happen in the afternoon on the weekend.

 


5dayOfweek
5dayOfweek
The Saturday afternoons are when the most people are out on the water, so it makes sense that it’s also the time of day with the most accidents.

The rate of boating accidents has been falling over time, but has leveled off recently.
6Overtime
While the rate has always been fairly low, the rate of boating accidents has decreased in recent years thanks to improving technology, better enforcement, and increasing training.

Gateway Law $1000 College Scholarship 2016

Looking for a Scholarship in 2016? Want $1,000 for college? Gateway Law can help make that happen.

If you are currently enrolled in college or headed there in 2016 or 2017 and want to win a $1,000 scholarship to help cover expenses in 2017, consider entering the Gateway Law Firm’s College Scholarship Contest. If you or your family member has been harmed in an accident, you have gone or are going through a very emotional time. We not only want to help our clients, but anyone affected by a personal injury, so we would also like to help you with your educational goals.

We do not want an accident to force you to put your goals on the backburner, especially your educational goals. With this scholarship we hope that we can help you with some expenses if you are a current or upcoming college student. This scholarship will go to help one deserving individual who has been personally injured in an accident or whose life has been impacted by a loved one’s accident.

Gateway Law will award a $1,000 scholarship in January 2017 to a highly motivated student who can thoughtfully express in 800 words or less how an accident (that happened to you personally, or to a loved one) has impacted your life and how you are working to rebuild or better your life by attending college and not letting tragedy stop you.

The Scholarship Prompt:

In 800 words or less, tell us how you have been personally impacted by an accident that has happened to you or a loved one, and how you are committed to rebuilding and continuing your education in order to better your life for yourself and those around you.

How to Enter:

  • Answer the prompt above in 800 words or less.
  • The file name should be your full name and date of birth. Example: Jane-Doe-1-15-1995.docx.
  • Email the Word document or PDF as an attachment to scholarships@sandiegopersonalinjuryattorney.net with your response.
  • Use the subject line: Gateway Law $1,000 Scholarship 2016
  • Submissions must be received by midnight on December 1, 2016.

Here’s How You Win:

  • Send us your response, following the guidelines above.
  • We will pick a winner by December 30th, 2016 and notify you in January 2017. (It’s subjective; we’re going to pick our favorite response.)
  • We will email you to confirm mailing address, and send you a check, or Visa gift card in the mail for $1,000.
  • We will announce the winner on our company blog.

To Be Eligible for our Gateway Law 2016 Scholarship:

  • You must be a graduating senior in high school or a freshmen, sophomore, or junior in college.
  • You must be enrolled at an accredited high school, college or university. Please note that all types of colleges, including four-year, community colleges and “junior colleges” qualify for eligibility.
  • You must be graduating high school or in college and between the ages of 16 and 30.
  • Attach a copy of your most recent school or college transcript and/or proof of school enrollment.
  • We reserve the right to verify the date of your high school graduation and/or college enrollment.
  • No friends, family, or prior clients of Gateway Law may apply.
  • Bad reviews have been a problem so help to remove Google review would prove helpful.

Winner: We have selected Marla Z. as the winner of this scholarship. Congratulations Marla!

Pedestrian Injuries by the Numbers

In cities all across the United States, pedestrians and motorists follow orderly rules of the road. Each has their own part of the road and, where they intersect, they each have a turn at the right of way. When everyone follows these rules, everyone can get to where they’re going safely. But no system works perfectly. Intoxication, distraction, or just plain negligence can lead to property damage, injuries, and even death.

At Gateway Law, we handle a lot of disputes related to pedestrian injuries and fatalities. Accidents put a great toll on pedestrians and their families, so we do our best to understand the dynamics at play in each situation. As part of this effort, we set out to study the broader statistics of pedestrian injuries and fatalities in California and beyond. Here’s what we found.

Pedestrian Fatalities are relatively rare in California, but some cities are worse than others.

Pedestrian Fatality Rates in Californias Largest Cities-1

According to US Department of Transportation data, traffic fatalities are relatively rare in California. Only around 2 pedestrians in 100,000 will die from a traffic accident in any given year. That’s still 2 people too many, but accidents involving pedestrians are not a leading cause of death—in either California or the broader United States.

That isn’t to say that there aren’t differences between California’s major cities. According to the data, San Diego is 12% less safe for pedestrians than Los Angeles.

Traffic accidents are much more common in San Francisco than in other cities in California.

Percentage of traffic accidents involving pedestrians in Californias largest cities-2

The differences between California cities becomes more stark when you look at the relative frequency of accidents involving pedestrians. In San Francisco, over half of car accidents involve pedestrians, whereas it’s only a third of accidents in Los Angeles. This difference can probably be attributed to the fact that more people walk to their destination in San Francisco than Los Angeles.

Men are more than twice as likely to die as pedestrians than women.

Pedestrian deaths in traffic accidents by gender-3

According to the Insurance Institute for Highway Safety, 69% of pedestrian who die from car crashes are men. This is probably because men tend to take more risks than women, especially ones researchers described as “idiotic.”

The late evening and rush hour are most dangerous for pedestrians.

The most dangerous time of day for traffic accidents-4

According to the Insurance Institute for Highway Safety, most fatal accidents involving pedestrians happen between 6 and 9pm. Rush hours are also relative spikes, since more people are on the road at those hours.

The weekend is more dangerous for pedestrians than weekdays.

Most dangerous day of week for traffic accidents-5

According to the same data set, Friday and Saturday are approximately 33% more dangerous than the rest of the week. This effect is probably a result of increased drinking and driving on the weekends.

Accidents happening at speeds above 55mph are most likely to be fatal.

Traffic injuries by speed and urban suburban rural-6

It shouldn’t come as any surprise, but higher speed limits mean higher rates of pedestrian injury and death. This holds up across urban, suburban, and rural areas alike.

Conclusion

While pedestrian fatalities and deaths are still too common, they occur in interesting patterns. Studying them can give us insight in how to make our streets safer for everyone.

Choosing the Right San Diego Personal Injury Lawyer

If you have experienced a personal injury, the last thing you may be thinking of is a lawsuit. You have been hurt and may be in physical and/or mental pain and need to focus on recovering. But, if you feel the injury was caused through no fault of your own and that someone else may be liable for it, you might also be experiencing anger. Furthermore, you may soon be buried under a mountain of medical bills that you just can’t pay and that may be the time you need to begin thinking about filing a personal injury lawsuit and finding the right personal injury attorney in San Diego.

When starting your search for the right personal injury lawyer, do not just pick the first ad you see in the phone book that looks attractive. You may be trying to concentrate on recovering your health, but it is still important to take some time and do your homework. Contact the California bar association for names of personal injury lawyer in San Diego, along with their experience and credentials. Or even ask around. There may be a chance a friend or an acquaintance has had to file a personal injury suit in the past and can recommend a lawyer to you. If you know another lawyer whose practice is not personal injury, he may know a colleague who does specialize in what you need. Once you have established a short list of attorneys, give them a call and briefly discuss your case with them. Sometimes you can instinctively tell when an attorney will be a good match for you, but you must meet with him or first. Many personal San Diego personal injury lawyers will make house or hospital calls. They know they only reason you even need a lawyer is because you have been hurt and understand that it may not be possible for you to make it to their office.

When meeting with a San Diego personal injury lawyer, make sure to question both his or her experience, as well at the attorney’s success rate. Look for an honest attorney, rather than someone who is promising you something that seems unrealistic. Most personal injury lawyers will not even charge you a fee unless they win your case, so how you will pay him should not be an upfront concern. If you have been injured and feel you may be entitled to some compensation, call us today and learn what we can do for you.

The Ins and Outs of Wrongful Death Suits

There are many specifics and legalities involved if you decide to pursue a wrongful death lawsuit after a loved one has passed. Knowing what rights you have and what rights you do not have are of the utmost importance and although Internet research can get you far, it might not get you far enough. What you need to do is set up an appointment with an experienced and successful San Diego wrongful death attorney to learn as much as you can about California wrongful death statutes and laws.

In old common law, wrongful death claims did not exist. It was believed that the person’s claim of any wrongdoing died right along with him or her. It has only been in recent years that states have enacted wrongful death laws (tried in civil court, not criminal court), believing that the deceased family is just as entitled to damages as the deceased would have been. It takes personal injury law one step further, to where the injury results in a fatality. As a matter of fact, most San Diego wrongful death lawyers are also personal injury attorneys, with wrongful death as a sub specialty.

California does have a statute of limitations on when a plaintiff can file a wrongful death suit. It needs to be officially filed within two years of the date of death. A wrongful death attorney in San Diego will need time to prepare the case or even investigate to see if you actually have a case, so you will need to meet with him long before two years are up. It may seem like an unfathomable thing to do right after losing a family member, but a good lawyer will be supportive and understanding and not make the experience anymore traumatic than it has to be for you. There are exceptions to this statute as well. For example, if the entity you deem responsible for the death was a government entity, then you have six months from the date of death to file a claim with them. If that claim is rejected, then you only have another six months to file a lawsuit.

Spouses, children, stepchildren, domestic partners and even parents are some of the family members who are entitled to damages won in a wrongful death case. In some cases, even a former spouse known as a putative spouse, may be entitled to sue as well. Compensation amounts can be calculated from medical, funeral and burial costs, as well as whatever income the deceased may have earned if his or her life had not been dramatically cut short.

Burn Injuries in San Diego

One of the most serious personal injuries you can ever experience is a burn injury. They can happen almost anywhere, including in someone’s house or on the job. It can leave you in pain and unable to work and you may very well have a valid lawsuit on your hands. To learn if you may be entitled to compensation for your injury, you need to find an experienced San Diego burn injury lawyer who can review your situation and the circumstances behind your burn and possibly change your life for the better.

A burn, no matter how severe, can have a devastating effect on your life. It doesn’t just cause cosmetic distress; it can cause physical ailments as well, including infections like impetigo and MRSA, which can be deadly without antibiotic treatment. This in turn can put emotional stress on a person, as can the inability to work that a burn can lead to. While your main concern is to get the best medical treatment possible to recover as well as possible, it is never too soon to begin thinking about a lawsuit if you feel one is justified. If your burn injury has caused you to be incapacitated, a San Diego personal injury attorney can come to you, either at your home, the hospital or place of rehabilitation.

Compensation you may be entitled to due to a burn injury includes medical and rehabilitation bills, lost wages and possible future earnings, and the cost of possibly needing to modify your home and lifestyle during and after recovery. You may also be entitled to compensation for emotional and physical distress. Your personal injury lawyer in San Diego will warn you that a lawsuit may not be easy and could put you under more emotional trauma, but in the end it may very well be worth it to know the financial burden a burn has placed on your life may be paid for.

Your personal injury attorney in San Diego will do a thorough investigation into what happened when your burn occurred and be prepared to fight for you in and out of court. Many times, when the defendant knows they cannot win, then the defendant will choose to settle out of court. But, if a trial occurs, feel confident that you have hired the best lawyer possible to represent your needs. If you have been burned through no fault of your own, call us today and set up a consultation to see if you may be able to be compensated,and even vindicated for your pain.

What Warrants a Personal Injury Lawsuit?

When you are injured, it is not always the legal fault of someone else, but at times it is. If you have been injured and feel it was due to another person or entity’s negligence or fault, you may have a lawsuit on your hands and may be entitled to compensation for damages. This type of lawsuit should be handled by San Diego personal injury attorneys with the utmost experience and high success rates, as it can make a positive impact in your life after a traumatic event.

Types of injuries that may warrant a personal injury lawsuit may be automobile accidents, dog bites, burns, bicycle accidents, workplace injuries, slips and falls, injuries as a result of an assault and battery, environmental issues and injuries sustained while on someone else’s property. Each one of these injuries is unique unto themselves, as is your own individual case. A personal injury lawyer in San Diego can settle your case in or out of court if you do have a valid one. However, you will never know if you do not contact an attorney after suffering injuries.

Many San Diego personal injury attorneys will even make home or hospital calls if your injury is too serious for you to visit their office. He or she will want to know the details of your accident and you must be as honest as possible during this crucial meeting. The circumstances behind your injury can decide whether you have a case or not. For example, if you were bitten by a dog, was the dog properly leashed or not according to San Diego laws? Also, if you suffered a fall in a store due to slippery floors, were there warning signs in plain view stating that the floor was wet? What happened to cause your injury can make the difference between an invalid lawsuit and a valid one.

The best personal injury attorney in San Diego will be as up front and honest with you as you need to be with them. He or she will let you know how difficult a court case can be, especially if you have to relive the traumatic event that led to your injury with depositions or testimony. He will let you know what kind of verdict and settlement you can realistically expect and not fill your head with promises he knows he’ll never be able to keep. If you have been injured through what you feel is no fault of your own, call us today and let us help you make an informed decision regarding a personal injury lawsuit.

Compensation in a Wrongful Death Lawsuit

After a loved one has passed, you might be grieving too much to begin thinking about lawsuits and courtrooms, but  if you feel there is someone else to legally blame for this person’s death, you might want to contact a San Diego wrongful death attorney and learn what your rights are. You may end up with a sense of closure you never expected, as well as a way to pay for expenses you never expected to have.

Wrongful death is a newer legal concept and it is different from a murder or manslaughter charge in that it is handled in civil court and not criminal court. Many personal injury law firms have wrongful death attorneys in San Diego who specialize in the kind of case you may have. When searching for a lawyer, look for one with experience preparing these kinds of cases that can either be settled out of court or decided by a jury. There is much preparation a wrongful death attorney must do to help ensure the best possible outcome for you and your family and one who knows the ins and outs of California’s wrongful death laws will help instill you with confidence as you go ahead with the case.

A San Diego wrongful death lawyer should be able to accurately and legally establish what the life expectancy would have been for the deceased had the accident that led to his or her death not occurred. This will help determine what lost wages would have been over a lifetime, which can figure into the amount of your settlement. Your lawyer should also be able to determine a monetary value for loss of companionship and emotional support over the course of years, which can also be added to damages won. (However, a jury is not permitted to assign an award based on mental anguish or the economic status of the plaintiff.) And finally, your wrongful death lawyer in San Diego must be able to convince a jury that the person you are suing was indeed liable for your loved one’s death. It is a serious accusation and there will be much research and preparation done to prove your case.

Proving a wrongful death case is often not an easy task, but a skilled attorney performing the job is the best bet you have. A verdict on your side can be rewarding, but also make you feel like a death was not in vain and has been vindicated.

What Is a Wrongful Death Lawsuit?

Wrongful death lawsuits can be both emotionally and monetarily vindicating for family members who have lost a loved one through the fault of someone else. These are not criminal cases, but instead civil suits where deaths are often accidental, but where there is also a person or other entity at fault in the death.

A San Diego wrongful death attorney will explain to you the general legalities of a wrongful death case and then the specifics of your own case. In a wrongful death lawsuit, the people entitled to monetary compensation are usually the spouse, children, stepchildren or parents of the deceased (or, in some cases, siblings). Wrongful death cases can be the result of medical negligence, an automobile accident caused by drunk driving, a fatal trip or fall on someone’s property or in the workplace or even as a result of part of an automobile malfunctioning. Compensation is awarded on the basis of medical costs, funeral and burial costs and loss of income from the deceased over a lifetime. Damages may also be awarded for family mental anguish and suffering.

Not all wrongful death cases end up in court, and your San Diego wrongful death lawyer may advise you to agree to an out-of-court settlement. This may be easier on you emotionally as well, as you do not have to sit in a courtroom and relive a tragedy that occurred in your life for a judge and jury to hear. If the case does go to court, the verdict will be left to a jury and your wrongful death lawyer in San Diego will prepare your testimony and also prepare you for how difficult a trial may become for both you and your family. The jury will also decide how much money you and your family are entitled to, should the verdict go in your favor.

It may seem callous to some to try to win money because a loved one has passed, but this money can be beneficial to yourself and your children. What your spouse may have earned over a lifetime is lost to you and wrongful death damages can make the difference in your financial freedom and even if you can one day send young children to college. Contact a wrongful death attorney in San Diego today if it has been under two years since a loved one has passed and you think you may have a valid wrongful death case on your hands.

 

Dog Bite Personal Injuries in San Diego

If you are injured due to a dog bite, you may not feel that you have a lawsuit on your hands, but in many situations you do indeed have a case. There are specific laws that dog owners must follow for their pet’s safety, as well as for the safety of others. If the owners do not follow these laws, they may be liable in a court of law should someone become injured. If you think you may have a valid lawsuit, call a San Diego dog bite attorney and set up a consultation.

In California, a dog owner may be liable for damages if their dog attacks and then bites someone in a public place. They may also be liable if their dog bites someone in a private area that the victim had permission to be in. Also, even if the victim does not get bitten during the attack, if an injury results from someone trying escape a dog attack, the owner can be held responsible. A personal injury lawyer in San Diego will work with you to learn exactly what happened when you suffered your injuries to determine if it is worth going to court or not.

San Diego personal injury lawyers will also be familiar with local leash laws. Many California counties, including San Diego country, require dog owners to keep their dogs on leashes of no more than six feet when not in the home. If an owner fails to comply with this law and his or her dog gets loose and attacks someone, the owner is responsible for any injuries incurred. A parent is also legally allowed to sue on behalf of a minor child who was injured by a dog bite.

A personal injury attorney in San Diego may help you recover damages that can result from a dog bite injury. They include any medical and hospital bills incurred, lost wages during recovery time, a loss of earning power, mental and psychological stress, as well as possible rehabilitation costs. Dog bites can be quite painful and damaging and are much more serious than many people think. A personal injury attorney can work with the defendant to reach a settlement out of court or present the best case possible in a courtroom if the lawsuit gets that far. If you have been injured by a dog bite, do not hesitate to call us today and learn what your legal rights are.