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When Do Pedestrians Have the Right-of-Way on the Road?

Posted on July 6th, 2018 by 1point21

Walking around sunny San Diego can come with serious risks. Distracted, speeding, drunk, and negligent drivers can be around every corner. Between 2010-2016 there were a total of 7,589 reported pedestrian involved collisions in San Diego County. As a roadway user, it’s your duty to obey the rules of the road and to yield the right-of-way when applicable at intersections and crosswalks. Unfortunately, not all drivers are as responsible. The more you know about when you do and do not have the right-of-way as a pedestrian in SD, the safer you can walk – and the better you can protect your rights if a collision does occur. This is especially the case in California, which currently leads the nation in pedestrian fatalities. What are the Rules for Marked Crosswalks and Intersections? Legally, pedestrians in California have the right-of-way at controlled intersections and marked crosswalks. In these locations, vehicles must always yield the right-of-way to crossing pedestrians. The only exception is at intersections with traffic lights and crosswalk signals. At these intersections, pedestrians only have the right of way when the crosswalk signal has the “Walk” sign. Otherwise, pedestrians must wait and yield the right-of-way to traffic. Although pedestrians generally have…

What if You’re Injured in a Car Accident When the Owner Isn’t Driving?

Posted on July 6th, 2018 by 1point21

Almost all drivers let their family members borrow their cars at some point. Whether a teen has just started driving or an owner regularly gives permission to a spouse, sibling, or other non-owner to take the car for a spin, accident victims need to know what might happen in a crash with a non-owner behind the wheel. These types of cases can involve vicarious liability, negligent entrustment, permissive use, and other such laws. The rules change from state to state, but here’s what California’s laws say about this unique – but not uncommon – scenario. Does California Use the “Family Purpose” Doctrine? The “family purpose” doctrine is a legal rule that can create vicarious liability where otherwise none would exist. “Vicarious liability” refers to the legal responsibility of a supervisory party – such as an employer or parent – over the actions and behaviors of subordinates based on the relationship between the two parties. The family purpose doctrine specifically relates to vicarious liability in auto accidents in which a family member of the owner crashes the car. According to the family purpose doctrine, the owner of the automobile will be the one liable for damages, regardless of whether the family…

What Are the Top 5 Safest Cars on the Market in 2018?

Posted on July 5th, 2018 by 1point21

Most people are on the lookout for the safest vehicle on the road when shopping for a new car. With constantly changing safety standards, testing methods, and collision-preventing technologies, this task can be a difficult one. If you’re considering purchasing a new car in 2018 and want to prioritize the safety of your family, we’ve made it easy for you to narrow down your options. Here are the top five safest cars on the market that will help protect you in the case of a car accident. About IIHS Vehicle Safety Ratings Every year, the Insurance Institute for Highway Safety (IIHS) tests all new vehicles for two main aspects of safety: crashworthiness and crash avoidance and mitigation. The IIHS tests vehicles for side impacts, moderate overlap front impacts, rear collisions, roof strength, headlights, car seat latches, and much more to ascertain its safety score. The automotive industry widely accepts the IIHS’s top picks as the safest vehicles on the market that year. In 2018, only 15 vehicles made the cut for Top Safety Pick+, compared to 69 vehicles in 2017 and 79 in 2016. Part of the reason for such a drastic difference is a number of strengthened requirements for…

How Do I Keep Kids Safe Around a Pool?

Posted on June 27th, 2018 by 1point21

As summer starts to fully manifest in Southern California, more businesses and private residences are beginning to open their pools. While swimming can offer a welcome reprieve from the heat, it also presents dangers. Drowning is one of the leading causes of death in children under the age of 6, so it’s essential for parents to know basic pool safety and teach it to their children. The following tips can help you keep your children safe around water this summer and avoid any premises liability situations. 1. Check Your Fencing If you own a pool, having a well-maintained fence around it is more than just a good idea – it’s the law in California. Under California law, pools are an “attractive nuisance,” which means kids might find it irresistible to play in. You will likely be liable for any injury a child sustains in your pool, even if it was without your permission. One of the simplest ways to avoid this scenario is by keeping a well-maintained fence around the pool itself, complete with a locking gate. Keep a fence around your pool itself in addition to the perimeter fence. As an additional safety measure, consider a motorized, rigid pool…

I Was Hit by a U-Haul or Moving Truck With No Insurance – Who Is Liable?

Posted on June 27th, 2018 by 1point21

Summer is officially here, which brings the beginning of moving season. More people throughout the city are moving to new apartments and homes, which means you might see an uptick in the number of U-Hauls and moving trucks throughout the area. These DIY moving machines make the process more convenient for movers but pose a danger to other pedestrians and drivers on the road. Inexperienced drivers driving commercial-sized vehicles can be a recipe for disaster. What happens when you get in an accident with a U-Haul or other moving truck? The Dangers of Moving Trucks Driving a U-Haul or moving truck is a vastly different experience from a regular passenger vehicle. Moving trucks are exponentially larger than cars and can do a lot more damage in an accident. Moreover, moving trucks have much longer stopping distances and more blind spots than the average vehicle. Combine this with the fact that many U-Haul drivers are inexperienced motorists and it should come as no surprise that truck accidents can occur. Even a skilled and experienced driver can feel out of place in a moving truck, but many San Diego residents do not spend much time driving in the first place. Thanks to…

Are Electric Scooters Allowed on the Roads in San Diego?

Posted on June 26th, 2018 by 1point21

If you’ve spent any time commuting or visiting San Diego, you’ve likely noticed the Bird scooters zipping through town. Just visit virtually any street corner and you can unlock one and take them for a ride yourself. One of the newest trends in ridesharing, you can rent a scooter (and enjoy the ride that comes with it) for less than a fancy cup of coffee. When you’re done, don’t worry about dropping it off at another docking station – just leave it where you please and a Bird employee will come collect it. Sounds convenient, right? Maybe for the riders, but it’s causing serious issues for motorists and pedestrians alike in San Diego. Some of these issues are so serious, in fact, that people, companies, and cities alike are complaining. The City of Santa Monica, for example, issued a criminal complaint against Bird Riders, Inc. for violating city ordinances. People have left their scooters abandoned on handicap access ramps and private property, to the inconvenience of many. Since their inception, public authorities have received complaints of trespassing, operating without a license, and even issues with the vendor’s license. In light of these issues, one wonders if it’s only a matter…

Does Head Trauma Increase the Risk of Brain Cancer?

Posted on June 26th, 2018 by 1point21

A head trauma can lead to many detrimental effects – a victim may initially experience blurriness, loss of vision, mental confusion, or persistent headaches. As the symptoms of a brain injury fully evolve, patients may also notice issues that persist over time. Some of the most common include difficulty controlling emotions, cognitive dysfunction, and deviations from previous behavior. The effect of a brain injury can be acute or chronic and permanent. Additionally, there is still some question among researchers as to whether repeated head trauma can increase the risk of some kinds of cancers. The Dangers of Repeated Concussions It’s no secret that multiple head traumas, such as concussions, can have debilitating long-term consequences. Perhaps the most famous complication is chronic traumatic encephalopathy (CTE), which has been a recent center of controversy surrounding the NFL. The condition, which results from multiple traumas like head-on tackles, can have several detrimental effects such as memory loss and unpredictable patterns of behavior. In certain cases, victims can present a danger to themselves and others. CTE is perhaps the most widely publicized side effect of repeated head trauma, and it’s been noted in football players, members of the armed forces, and other professions that…

Can You Request Cell Phone Records to Prove Fault in a Car Accident?

Posted on June 26th, 2018 by 1point21

Distracted driving behaviors, including texting and talking on the phone, play a role in thousands of car accidents each year. A person who texts and drives will likely be at majority fault in a car accident. Since California has a sweeping ban against both cell phone use and texting, a driver who violates the law will likely be liable for any damages that you incur following an accident. You may have seen the driver texting or talking on the phone before he or she plowed into your vehicle – but how do you prove it? The Importance of Eyewitness Accounts Collaboration of your story, particularly with eyewitnesses, plays a valuable role in determining fault in your car accident case in California. A police officer will respond to the scene and ask you, the other driver, and other witnesses to the accident to describe what happened. If several parties can corroborate that the other driver was texting or talking at the time, it could go a long way in establishing fault. However, you might have to take other steps to provide proof of liability, especially when you think another driver was using the phone. How Can I Request Phone Records? When…

If Poor Road or Sidewalk Maintenance Causes an Injury, is the City Liable?

Posted on May 22nd, 2018 by 1point21

Slip and fall incidents are one of the leading causes of injury in the United States, especially among elderly people and children. In the United States, property owners must keep their premises safe and free of obstructions but, in some states, cities and municipalities have different standards than traditional property owners. Though the standards are higher, regulations can make compensation from them challenging. Discuss your slip and fall case with one of the attorneys at Estey & Bomberger after a fall caused by poor road or sidewalk maintenance in San Diego or throughout Southern California. Road Sidewalk Situation in San Diego A frequent complaint amongst San Diego residence is the poor shape of the roads and sidewalks around town. And the situation has only become worse over time. A city study in 2015 found over 85,000 damaged sidewalk locations in the city, and the local government has accumulated a huge backlog of sidewalk and curb repairs that need to be resolved. Premises Liability Any injury that occurs on another person’s property falls under the umbrella of premises liability. A person may file a claim for premises liability if he or she suffered an injury on another person’s property because the property owner…

What Are the Best Dog-Friendly Beaches in San Diego? Plus Beach Tips

Posted on May 22nd, 2018 by 1point21

San Diego has an abundance of beautiful beaches that are easily accessible for any San Diego resident. One of the best additions to a beach day is bringing your favorite furry friend. Unfortunately, not all beaches allow dogs. Before you head out with your dog, it is important to do some research about whether your intended beach will let you bring your dog. Here is a guide of the top San Diego beaches that allow dogs. #1. Ocean Beach Ocean Beach is one of the first beaches in the San Diego area to allow owners to bring their dogs without leashes. It even has the nickname Dog Beach. If you go to Ocean Beach, you must clean up after your dog, and your dog must be up to date on vaccinations. Additionally, your dog must have a collar from the County Department of Animal Services. #2. West Beach, Del Mar Nine months out of the year, West Beach lets owners bring their dogs without leashes, controlling them only with voice commands. During the other three months, owners must have their dogs on leashes. Though dogs can be anywhere on the entire beach, the North Beach is the best place for…

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Estey & Bomberger, LLP

2019 Undergraduate Scholarship

At Estey & Bomberger, LLP we understand the importance of a college education, while at the same time knowing how expensive college can be. We are proud to announce the Estey & Bomberger, LLP 2019 Undergraduate Scholarship. The cost of college tuition is now higher than ever and our goal is to take some of the financial burden off of dedicated and hard working students.

Criteria

We are offering $2,000 to one student whom is in the final year of high school or currently enrolled as undergraduates at an accredited college or university in the United States. Applicants must be 17 years of age or older. There is no restriction on your field of study.

Assignment

Help us to make the world safer! To apply, please write an essay (minimum 750 words) explaining a current public safety issue in our society, and your proposed solution to the problem. Be creative :)

The issue can be either public or consumer safety. We will then select a winner from the submissions we receive.

Amount

$2,000 awarded one time.

Deadline

  • The deadline to apply for this scholarship is March 31, 2019.
  • Winner will be announced by April 30, 2019.

We will notify the scholarship winner by either phone or email and the winner will be announced on our firms social media accounts.

To Apply

Please fill out the form on this page as completely as possible. Please upload your essay using the submission button with the form. Also please submit a digital copy of the acceptance letter from your college or graduate school. The accepted file types: doc, docx and pdf. Do not include additional material not asked for in the application. Good luck!

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