Personal Injury Attorneys & Car Accident Lawyers San Diego's Most Trusted Personal Injury Law Firm since 1992

Some of the most devastating kinds of accidents are the ones that involve children. That’s because their lives are innocent, so when a needless collision occurs, it makes the situation even harder for all the families involved. And when more than one child is affected, the emotional stakes get even higher.

In a case out of Chula Vista, San Diegans everywhere are reminded of the devastating effects of alcohol behind the wheel. Arlene Anne Hernandez, 22, pleaded guilty to a drunken driving accident that claimed the life of her 5-year-old child and her school friend of same age after her vehicle careened into the Chula Vista Otay Reservoir last year in August. She stands to face charges of gross vehicular manslaughter while intoxicated and another charge for driving under the influence.

Hernandez also admitted to causing great bodily injury to the individuals affected by the DUI car accident in Chula Vista.

She will be sentenced May 31 at the South Bay Courthouse.

According to reports, the young mother lost control over her 2005 Kia Sedona on eastbound Otay Lakes Road after being allegedly under the influence of alcohol. The vehicle overturned and landed on its roof in the reservoir.

Hernandez and her passenger, Eric Figueroa, father to the 5-year-old school friend Guiliana, were able to evade the vehicle, but tragically both girls were trapped inside the car, unable to escape. While the children were both airlifted to Rady Children’s Hospital, medical staff were unable to revive the girls and they were declared dead.

Reports indicate that Figueroa bought a six pack of beer after arranging a “play date” for the girls along with Hernandez. The two finished the alcohol, then drove to another location to take a closer look at skydivers in the area – and that’s when the tragic accident occurred.

The La Mesa-Mount Helix Patch reports that “Hernandez’s blood-alcohol level was measured at 0.13 percent after the crash.”

This isn’t Hernandez first run in with the law. According to reports, she had previous charges of a hit-and-run car accident where two people were injured. Those charges were dismissed as part of a plea agreement.

ALCOHOL & DRIVING – WHAT YOU NEED TO KNOW

It goes without saying that driving under the influence of alcohol or any other kind of drug is dangerous, irresponsible and against the law. When individuals erroneously believe a few drinks won’t affect their driving, they are – literally – putting their lives and the lives of others in serious dangers.

When it comes to preventing a DUI car accident, here’s what you need to know.

  • Alcohol can render different effects depending on what you’ve eaten. You should know that alcohol consumption can absorb differently in the body depending on the types of foods consumed prior to drinking. Eat plenty of protein prior to drinking to balance alcohol absorption in your body.
  • The liver will only digest one alcoholic beverage per hour. From the largest man to the most petite woman, the liver can only process one alcoholic beverage per hour – that’s it. Always drink to what your body can physically handle.
  • Body weight/type can also influence alcohol absorption. The less you weigh, the more you will be affected by alcohol in your system. Know your limits prior to drinking.
  • Gender also plays a role in alcohol absorption. Females of the same body weight will have a greater blood alcohol concentration level (BAC) than a man at the same weight when the same alcohol beverage is consumed.

Injury accidents caused by alcohol are real. They are devastating and needlessly affect innocent lives – a tragedy considering these kinds of accidents can be entirely avoided. Don’t go under the assumption that you can “handle you alcohol.” That type of poor judgment can result in an accident worth regretting for the rest of your life. Play it safe, and don’t drink and drive.

For more safety tips, log onto http://SeriousAccidents.com/blog or find me on Google+, Facebook and Twitter.

Michael Pines, APCAbout

Michael Pines is a former insurance company attorney who specializes in car accident injury. While he was an insurance attorney, he learned from behind the scenes on how insurance companies work and how they decided to pay injured people. Now that he works against insurance companies, Michael's inside knowledge has resulted in significant benefits to his clients injured in car accidents.

Autism is a spectrum disorder that affects nearly 1 in 88 children in the United States according to the Center for Disease Control and Prevention (CDC). All racial, ethnic and socioeconomic groups can be affected by autism spectrum disorder (ASD). The disorder mainly affects boys (1 in 54) although girls can also be diagnosed with the disorder, but less frequently (1 in 252).

Because the causes of ASD are not fully understood, parents everywhere and especially families affected by ASD are looking for answers now more than ever. Whether founded or not, some medical communities have found links to ASD ranging from vaccines to prenatal vitamins to environmental factors. In fact, even the farthest reaching links to ASD have been explored. Even still, the actual causation of autism is not comprehensively understood.

In a case out of Staten Island, one mother says her child’s autism was caused by a slip and fall over a manhole cover, causing her to go into premature labor. Months later, her daughter was diagnosed with autism.

The American Psychiatric Association manual of mental disorders fails to list premature birth as a cause of autism. But the personal injury firm representing the mother reiterated that by common sense and science, the little girl’s developmental delays could only be contributed to her early delivery.

The judge did not agree.

“The medical community has not established causes other than genetics or environmental factors for autism/PDD [pervasive developmental delay],” state Supreme Court Justice Joseph J. Maltese wrote according to reports.

As a result, he dismissed the case.

PREGNANCY & YOUR BABY: CAN ENVIRONMENTAL FACTORS LEAD TO INJURY?

Slips and falls, physical exposures to chemicals, and other environmental factors before and after birth can lead to adverse effects in a pregnant woman and their babies. Some causes of fetal injury include:

-          Vaccine Injury

-          Chemical Exposure

-          Prenatal environment

-          Heavy metal exposure

-          Phthalates, phenols

-          Pesticides

-          Infectious disease

When extenuating circumstances cause a pregnant woman to have extensive exposure to unwanted environmental factors or chemicals, her health and her baby’s future health can be dramatically affected.

If you believe you have been exposed to a dangerous environment while pregnant and it has led to adverse effects in you or your baby, you may be entitled to financial compensation and a personal injury claim. For a FREE consultation, call the Law Offices of Michael Pines, APC at 1-800-655-6585 today.

Michael Pines, APCAbout

Michael Pines is a former insurance company attorney who specializes in car accident injury. While he was an insurance attorney, he learned from behind the scenes on how insurance companies work and how they decided to pay injured people. Now that he works against insurance companies, Michael's inside knowledge has resulted in significant benefits to his clients injured in car accidents.

Children are no match against heavy televisions and entertainment systems that can easily tip over if unsecured. These large, heavy items can cause serious injury if they accidentally topple onto a child — and according to a government report, injury by way of tipping TVs are higher than they’ve ever been before.

The U.S. Consumer Product Safety Commission (CPSC) estimates that 43,000 people are injured by televisions or furniture each year – and nearly 59 percent of those individuals are children.

Even more tragically, falling televisions have caused 349 deaths between 2000 and 2011, and 84 percent of these individuals were children under the age of 9.  And last year, a record 41 fatalities occurred from fallen TVs — a sobering figure that reminds all parents to secure televisions and furniture properly.

“If a TV cannot be anchored or mounted on a wall properly, then it’s safer to place the TV on a low sturdy base,” said a CPSC spokesperson.

Falling TVs can cause severe injury such as traumatic brain injury, neck injury, paralysis, and abdominal trauma.

“I urge parents to anchor their TVs, furniture and appliances and protect their children,” said CPSC Chairman Inez Tenenbaum. “It takes just a few minutes to do and it can save lives.”

Keep kids safe: securing TVs and furniture from falling

When it comes to keeping kids safe, securing your TVs and furniture is the first step in preventing household injury.

  • Install anti-tip brackets. The first step to preventing tip-over is securing large furniture or TV stands to the wall. Brackets are available at most hardware stores nationwide. Don’t forget to install brackets on freestanding kitchen cabinets and ranges as well.
  • Keep cords secured and away from small children. A tangle of cords is a mesmerizing sight for any child and can they can become dangerous if left unattended.  Use zip ties to bunch cords together and secure them with industrial tape on the backside of the TV stand or furniture.
  • Keep toys away from the TV area. Don’t clutter your TV room with toys or other children’s items since any type of rough play or accidental bump could cause furniture to fall on top of the child. Designate a play room away from large furniture or TVs.

Falling TVs: when injury occurs

Despite our best attempts, accidents can happen. But if your child has suffered injury from a fallen TV and you suspect it might be someone else’s fault, you may be entitled to financial compensation. Call us at 1-800-655-6585 for a FREE legal consultation. You don’t pay us until we win.

Michael Pines, APCAbout

Michael Pines is a former insurance company attorney who specializes in car accident injury. While he was an insurance attorney, he learned from behind the scenes on how insurance companies work and how they decided to pay injured people. Now that he works against insurance companies, Michael's inside knowledge has resulted in significant benefits to his clients injured in car accidents.

As parents, we work hard to make sure our children are kept safe in the face of potential dangers. For instance, the majority of parents install safety gates, carbon monoxide detectors, cabinet locks, and baby room monitors to curb any potential hazard when a newborn is brought home. As children get older, parents don’t change – but the safety gear does. Bicycle helmets, knee pads, elbow guards, and light reflectors are all a part of a parent’s arsenal to protect children against personal injury.

As children get older, it’s understandably more difficult to regulate just when and where your child is at all times. But as concerned members of our community, can we do a better job to help protect our own children and children in our neighborhoods?

A North Park boy may inspire you to say yes: we can take action to increase safety in our neighborhoods.

Last month, Luke Acuna, 9, was struck by a garbage truck after skateboarding along Meade Avenue and Kansas Street in his neighborhood. Acuna was in critical condition following the accident in San Diego, and doctors were forced to amputate his leg. Today, he is courageously learning how to walk again and the brave young man is home after spending almost four months in Rady Children’s Hospital.

“Doctor Shalsky is going to help me learn how to walk, how to run, and how to play sports again,” Luke said, “because I am an athlete.”

Acuna hopes to return to being a kid again where sports like tennis, soccer, golf, and Frisbee can all be enjoyed once more. In a press conference Thursday, the young man said he even hopes to be riding a skateboard in due time. The first step is starting to walk again.

“It’s not fun, but it’s just one of those things where you have to get through, or else you won’t be able to do anything else,” he said. “A few weeks ago, I couldn’t get in my chair by myself. It was taking a long time, and I tried, but I fell. But now I can do it.”

Police found driver of the San Diego city garbage truck not at fault.

Increasing safety in your neighborhood

Whether you live in the city or on the outskirts of San Diego, every neighborhood needs to have proactive parents and guardians who can take additional action to reduce speeds and increase awareness on their streets. Of course, not every children’s injury in San Diego is avoidable – but joining forces to help stop needless accidents like these is a step in the right direction for every resident including adults and children alike.

Try these ideas in your area:

Install a “Slow Down” sign

Lawn signs are a great way to make drivers aware of children in the area. Be sure when installing your lawn sign, you are using it in recommended areas such as a front lawn, side yard, or bush area. Do not place the yard sign in the street since it can inadvertently cause a traffic accident.

Get involved with your city

In a recent blog post, we told you the city of Poway recently installed a 4-way traffic stop at a dangerous intersection after one resident was killed at that location. Dozens of parents came forward telling the city that change needed to be done – and fast. You can take action like that in your neighborhood if you know a certain intersection or road is unsafe. Call your city or attend city council meetings and voice your thoughts to spur change in your area.

Give kids non-negotiable rules

Until your city makes the necessary changes in tandem with your efforts to make streets safer, consider giving your children a set on “non-negotiable” rules that include off-limit areas. If you’re aware that sidewalk play is too dangerous for your busy street, let your children know and designate what is acceptable. For instance, while sidewalk play is off-limits, you can encourage your child to play at a nearby park instead.

If your child is injured

Unfortunately, some injury accidents in San Diego can and will happen. If you suspect that another person is at fault for your child’s injury, call our children injury attorneys in San Diego at 1-800-655-6585 for a free consultation to learn your legal rights. We can help – call us today for a no-cost evaluation.

Michael Pines, APCAbout

Michael Pines is a former insurance company attorney who specializes in car accident injury. While he was an insurance attorney, he learned from behind the scenes on how insurance companies work and how they decided to pay injured people. Now that he works against insurance companies, Michael's inside knowledge has resulted in significant benefits to his clients injured in car accidents.

Photo Credit: U.S. Department of Transportation

Young children are often susceptible to sustaining injury in a San Diego accident if they are not restrained properly. Most parents are well-aware that children under 6 years of age, or under 60 pounds, must be equipped with a car seat or booster seat to help prevent injury in the event of an accident. But a new law in California will take the measure further in 2012 by requiring parents to boost children less than 8 years of age when traveling in a moving vehicle.

The new legislation comes in wake of political debate concerning the safety of children in car accidents. Safety officials have criticized so-called weak policies surrounding child safety, and have worked hard to pass this new measure in the name of improved protection.

It’s been national practice for several years now,” said Jennifer Rubin, an instructor with the Cosumnes Fire Department. “Normally, California is a trendsetter, but we were pretty far behind.”

Small children are often seriously injured in a car accident even when they are restrained according to old law. Since seat belts are generally designed with adults in mind, a child’s safety can be marginalized if restrained in a seat belt alone due to the mismatch of size versus capability.

“Safety officials say the law is needed because most 6- and 7-year-olds are still too small to fit safely in adult seat belts. If they are too little, the seat belt can ride up on their belly and neck, and can injure internal organs in a crash,” Rubin said.

The new safety measure will be effective as of January 1, 2012 and holds steep penalties for parents who do not follow the new law. Drivers or parents who fail to restrain children properly will incur a $475 ticket and a point on their record.

“Keeping them in booster seats increases their chance of surviving a crash by 45 percent,” said California Office of Traffic Safety head Chris Murphy.

How to pick out a booster seat for older children

Booster seats are fortunately inexpensive and can be purchased anywhere where children’s goods are sold. Prices can vary from $15 to $20. Choosing the most comfortable booster seat for your child will increase your child’s willingness to use the seat, and can a well-fitting seat can also help reduce the chance of San Diego personal injury.

When choosing a booster seat:

  • Make sure your child sits flush with the vehicle’s stock back seat
  • Make sure the seat allows for the belt to sit low on your child’s lap.

When positioning your child in the seat:

  • Make sure your child’s seat belt strap crosses the chest, avoiding the neck and face.
  • Do not allow your child to put the shoulder belt behind their arm or back.

About the Law Offices of Michael Pines, APC

Michael Pines, founder, is San Diego’s injury and accident prevention expert with a running safety column at the La Jolla Light. The law firm specializes in San Diego car accident injury and offers free consultations to those injured in collisions. If you or your child has been injured in an accident and suspect it is someone else’s fault, call us now for a free legal evaluation at 1-800-655-6585.

Michael Pines, APCAbout

Michael Pines is a former insurance company attorney who specializes in car accident injury. While he was an insurance attorney, he learned from behind the scenes on how insurance companies work and how they decided to pay injured people. Now that he works against insurance companies, Michael's inside knowledge has resulted in significant benefits to his clients injured in car accidents.

Call for a free Consultation
Fill out the form below and we'll respond within 1 Hour during business hours.