Blog Posts in January, 2013

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  • California DePuy Hip Implant Cases in Court

    Posted By The McClellan Law Firm || Jan 30, 2013

    UPDATED JANUARY 2016 "Hip surgery is not perfect. No material to this very day has been proven to be perfect." These were the uncomforting words spoken by the attorney representing DePuy Orthopedics Inc., in the first of many lawsuits against the company over its all-metal ball-and-socket hip joint. The California case alleges that Johnson & Johnson's subsidiary acted fraudulently and negligently ...
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  • Can I bring a lawsuit after a weather-related accident?

    Posted By Craig McClellan || Jan 30, 2013

    Last week, heavy rainstorms created dangerous roadways throughout San Diego. The California Highway Patrol received multiple accident reports. In one fatal accident on SR 76, a truck hit a car after it crossed over the median, killing the car's driver. At least two other semi truck accidents occurred -- one along I-805 and another on I-15 -- and many more car accidents. Which begs a few questions: ...
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  • Driver Convicted For Fatal Bus Accident

    Posted By Craig McClellan || Jan 26, 2013

    Our last post discussed some new safety rules that the National Highway Traffic Safety Administration will likely apply to the commercial transportation industry in the next year. While these proposals, including mandatory seat belt installation, could save numerous lives, they will never make charter buses completely safe. This week, a driver received a 40-year prison sentence for causing a fatal ...
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  • Was My Tire Blowout Caused by a Tire Defect?

    Posted By Craig McClellan || Jan 25, 2013

    Tire blowouts are common occurrences, and many people do not think to ask what causes them. When, however, a blowout causes a car accident and accident injuries, determining the reason for that blowout becomes more critical. Causes of tire blowouts can range from improper tire maintenance to tire defects. How do you know if you are the victim of a tire defect? Evidence on the road and the tire may ...
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  • NHTSA Working On New Charter Bus Safety Rules In 2013

    Posted By Craig McClellan || Jan 24, 2013

    As part of its regulatory authority to make America's roads safer, the National Highway Traffic Safety Administration recently announced some progress that it hopes to make in 2013. One of the most important of these goals is a new regulation that would make seat belts mandatory in all new commercial buses. This rule would enact legislation that Congress finally passed last year after years of ...
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  • Drowsy Driving: 4.2 Percent of Americans Admit to Falling Asleep While Driving

    Posted By Craig McClellan || Jan 22, 2013

    Car accident statistics rarely tell the whole story. For example, the National Highway Traffic Safety Administration has found that 2.5 percent of all fatal motor vehicle accidents are caused by drowsy driving. Other studies, which used different data-collection methods, found that drowsy drivers may have played a part in up to one third of all fatal car accidents. Unlike drunk driving , drowsy ...
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  • California Texting While Driving Law Update: 2013 Laws

    Posted By Craig McClellan || Jan 18, 2013

    In 2012, the California legislature created an exemption to the state's texting-while-driving ban. The exemption, which went into effect on January 1, 2013, allows drivers to use hands-free devices to text, such as Bluetooth devices and in-dash messaging systems. California Vehicle Code, section 23123.5 now reads: "A person shall not drive a motor vehicle while using an electronic wireless ...
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  • Nap Nanny Recall: When Products Injure Our Infants

    Posted By Craig McClellan || Jan 15, 2013

    According to the Consumer Products Safety Commission (CPSC), Nap Nanny, a popular item used to help infants sleep, is simply too dangerous. "[Nap Nannies] contain defects in the design, warnings and instructions, which pose a substantial risk of injury and death to infants," the CPSC said in a recent call to have the recliners recalled. Nap Nanny's manufacturer, Baby Matters LLC, however, refused ...
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  • MRIs May Be the Best Option for Detecting Brain Injuries After a Car Accident

    Posted By Craig McClellan || Jan 11, 2013

    A recent study by the University of California, San Francisco (UCSF) has found that MRIs are capable of detecting mild traumatic brain injury signs even when CT scans do not show them. Mild traumatic brain injury is often overlooked after a car accident . There are many reasons for this. Sometimes, an injured person will simply ignore a headache after an accident. Other times, a doctor may not ...
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  • NHTSA: Louder Cars Would Reduce Pedestrian Accidents

    Posted By Craig McClellan || Jan 8, 2013

    That National Highway Traffic Safety Administration has called for louder cars. Yes, you read that right. In the name of safety, the NHTSA is fighting for noise pollution. The reason? Electric and hybrid cars can be very quiet when travelling at low speeds, so quiet that pedestrians, bicyclists and other drivers may not hear them. This, in turn, increases the risk of bicycle and pedestrian ...
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  • Drunk Driver Injures San Diego Police Officer

    Posted By Craig McClellan || Jan 8, 2013

    When most people hear the phrase, "officer killed in the line of duty," they think of police officers who were killed by criminals. Yet, while the majority of police officer deaths are caused by felonious acts, a large percentage -- 42 percent in 2011 -- are caused by auto accidents . And many more officers are injured in car crashes every year. Recently, a San Diego Police Department Officer was ...
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  • New IIHS Crash Test: Is Your Car Safe?

    Posted By Craig McClellan || Jan 4, 2013

    The Insurance Institute for Highway Safety (IIHS) introduced new crash tests in 2012 that may help car buyers determine the safety of their prospective purchases and will show car manufacturers how they must improve to prevent car accidents . The IIHS recently evaluated midsize entry-luxury cars using one of those tests, the small-overlap offset crash test. In that test, a car going 40 mph strikes ...
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  • California Amusement Park Accident Injures Three

    Posted By Craig McClellan || Jan 2, 2013

    On Sunday, three people were hospitalized for minor injuries after the Knott's Berry Farm stagecoach they were riding in lost its back wheel and tipped over. There were fourteen people on the ride at the time of the amusement park accident in Buena Park, California -- thankfully, no one was seriously injured. Yet, no matter how serious the injury, if there was negligence involved, the injured ...
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