Author Archives: Taylor Ernst

Mixing boating and alcohol can often lead to serious accidents like boat collisions or accidental drowning. If you’ve been harmed by a drunk boater, you may have the option to pursue a claim for compensation for your injuries. A San Luis Obispo boating accident lawyer can explain your legal options if you were harmed by someone’s violation of California’s BUI laws.

California BUI laws

California’s Harbors & Navigation Code 655 prohibits boating under the influence of alcohol. “Under the influence” is a Blood Alcohol Concentration (BAC) of .08 or higher. “Boating” under this statute refers to operating any kind of watercraft.

BUI laws apply to both pleasure and commercial craft, although the threshold to be considered “under the influence” for a commercial watercraft operator is a BAC of just 0.04, which can often be achieved after drinking just one drink.

BUI laws also cover criminal penalties for boating under the influence in California and causing an accident that injures another person.

Common causes of BUI accidents and resulting injuries

When someone has been drinking, they may have a slower response time or be unable to fully control the boat. Alcohol also lowers impulse control, so people may be more likely to engage in reckless boating.

Boat accidents can happen on any type of watercraft, like:

• A collision caused by a drunk boat driver, crashing the boat into the dock, rocks, or other vessels
• Slip-and-fall accidents if a boat passenger is intoxicated
• Assault committed by drunk passengers against others

If you are involved in a boating accident, you may end up with one or more serious injuries, like:

• Fractures and broken bones
• Soft tissue injuries like strains and sprains
• Abrasions, contusions, and lacerations
• Concussions and traumatic brain injuries
• Carbon monoxide poisoning
• Facial or eye damage
• Internal bleeding or internal organ damage
• Back, neck, and spine injuries
• Shock and hypothermia

Some people may not survive a boating accident, like drowning or electrocution. If you’ve lost a loved one in a California boating under the influence accident, contact a San Luis Obispo boating accident lawyer about filing a wrongful death suit against the drunk boater.

Implications of a BUI operator on your boat accident case

A boat operator who causes an accident because they were drinking can be held liable for that person’s injuries just as a drunk driver would be liable for injuries they cause on the road.

Personal injury cases rest on proving negligence, which means that the defendant had a duty of care for your safety, breached that duty of care, and then caused an accident that injured you, the plaintiff. When someone is drinking and boating, it can be argued that these are negligent actions and the drunk boater owes you full and fair funds for:

• Medical bills
• Lost wages from time missed at work because of your injury
• Pain and suffering
• Property damage
• Diminished quality of life if your injuries prevent you from working or enjoying activities you once did

How your attorney proves BUI in your accident case

Proving that the party who caused your accident was drunk at the time can be tricky. After an accident, it can take much longer for help (and law enforcement from California’s Division of Boating and Waterways) to arrive. By the time someone arrives to test the BAC of the at-fault party, their blood alcohol content may have dropped below the legal limit.

Your attorney may need to rely on testimony from the boat driver’s passengers or others who saw them drinking excessively. Without a BAC test indicating that the operator was intoxicated, it’s hard to prove drunk boating. This is why it’s critical to work with an attorney experienced in handling these challenging cases.

Comparative negligence in California boating accident cases

Comparative negligence (fault) is an argument used in personal injury claims. The defense argues that the victim’s actions contributed to the accident, so the victim is partly responsible for their injuries.

California is a pure comparative negligence state, though, which means that even if the victim shared up to 99% of the blame for the accident, they can still collect damages (although the amount of their award is reduced).

Legal options and resources for BUI accident victims in California

A boat accident injury lawyer advises you of your legal options after the accident. Save your medical records as proof of the injuries you sustained from the accident. Keep a pain journal, too, detailing your injuries’ effects on your ability to work and care for yourself.

Responsible boating saves lives

Just like you’d designate a driver in a car for a night out drinking, so should boaters designate a non-drinker to operate the boat. An agreement beforehand to drink responsibly can help reduce the chances of a dangerous BUI accident.

Do you need help after a BUI accident?

If you’ve been harmed in a California boating under the influence accident with an intoxicated driver, call Ernst Law Group today at (805) 541-0300 for a free consultation.

Brain injuries have both direct and indirect victims: the person harmed, as well as their family and loved ones. It’s not uncommon for even a mild brain injury to result in personality changes and changes in the victim’s cognitive and physical abilities.

Many families don’t anticipate the enormous impact of a brain injury on relationships and family dynamics. It’s said that the changes and healing after a brain injury deteriorate a troubled relationship and strengthens a strong one.

Expect roles and responsibilities to change

Expect your established familial roles to change. These changes may be temporary if the injury is mild to moderate, with a good prognosis. Victims of a serious brain injury may be unable to live independently or care for themselves.

Resilience and understanding can go a long way toward providing a stable home environment for the brain injury victim to heal. Showing empathy to your loved one as they work through rehabilitation or therapy can reassure them that they are still loved and valued.

Everyone in the family is under psychological and emotional strain

This sudden change stresses a family dynamic; the shift in everyone’s role and dealing with a loved one’s health or personality change means everyone in the home is on edge. It’s common for families to feel resentment for the change in their loved one and guilt for resenting them.

Children may have to take on more responsibility or be more independent, which can be confusing for them. Or, a marriage partnership of equals changes into more of a parent-child role or caregiver and patient.

Sometimes, the brain injury victim’s personality changes may be such a shift that the healthy spouse questions if they want to continue in a relationship with the “new” person.

Communication breakdown challenges

Depending on which part of the brain is injured and how extensive the damage is, a brain injury victim may need occupational and speech therapies to regain their ability to speak, write, and otherwise communicate.

Frustration with slow progress in rehabilitation, or a permanently damaged ability to speak or communicate may cause the brain injury victim to lash out – and the family members close by are often the target.

Severe brain injuries can render the victim permanently unable to communicate or can trigger the onset of dementia. Cognitive decline carries its own communication problems, and unfortunately, it’s an irreversible condition.

Learning how to communicate with your loved one is a challenge. Even if they’re fully able to speak and write, a personality change can affect the way they communicate, like being more sarcastic or abrupt.

Practical and financial considerations about your loved one’s care

In the best-case scenario, your loved one is able to make a full, or mostly full, recovery from their brain injury and is eligible for short-term disability payments to help your family pay your bills as they recover.

Moderate to severe brain injuries, as we noted, can leave victims unable to live independently. In these cases, families have several choices for their loved one’s care:

• One family member takes on a caregiver role
• The family hires a home health nurse or personal care attendant
• The brain injury patient attends adult daycare during the day and is cared for by family at night
• The brain injury patient needs specialized care the family is unable to give and is placed in a long-term care community

These are tough choices for many families, and each one carries a financial drawback. If the victim was the sole or primary provider, then the family’s budget is considerably less than before the accident.

The cost of care for people with brain injuries is significant. The 2021 California monthly averages were:

• Home health care aide/personal care attendant: $6,101
• Adult day health care: $1,842
• Nursing home (semi-private room): $9,794

The stress of losing a significant amount of family income, coupled with adding costly monthly care, hits many families hard.

Maintain a strong support network

Stress, resentment, and guilt are common for families of brain injury victims, but many may find help and support through therapy, both family and individual. Many California communities have support groups for families of brain injury victims. Participating in these services can provide families with an understanding support network.

How an experienced attorney can help

A fair traumatic brain injury settlement can make a lot of the challenges your family faces easier. A skilled California traumatic brain injury lawyer, like those at Ernst Law Group, properly values your case and fights to get a settlement to cover lifelong medical treatment, housing in a memory care facility, and ongoing support for a family whose income has been significantly reduced.

We can help with the impact of a brain injury on relationships and family dynamics. Contact our firm today at (805) 541-0300 for a free case review.

A moderate to severe brain injury often causes permanent brain damage or the onset of dementia. Many brain injury victims require the specialized, 24-7 care provided in a nursing or memory care home. Unfortunately, many of these people are unable to advocate for themselves, and so are susceptible to those who would prey on the most vulnerable members of society.

The Brain Injury Association of America (BIAA) partners with community advocates across the country to raise awareness of brain injury nursing home patients’ rights and the signs of abuse or neglect that families should look for when visiting their loved ones.

Common brain injuries of nursing home residents

Memory care facilities are long-term care homes focused exclusively on meeting the needs of people with cognitive decline. Many brain injury patients live in one of these communities or nursing homes.

Common brain injuries that may require this level of care include:

• Traumatic brain injury
• Anoxic or hypoxic brain injury
• Dementia or Alzheimer’s Disease
• Cognitive decline associated with another condition, like Parkinson’s Disease

The impact of brain injuries on residents’ physical, cognitive, and emotional well-being

The personality changes and permanently changed abilities that come along with a moderate to severe brain injury often cause frustration for the brain injury victim. Many people may regress in physical capabilities, too, in addition to their cognitive decline.

Memory care programs focus on enhancing the quality of life for residents and slowing cognitive decline, such as:

• On-site physical, speech, and occupational therapies
• Pet therapy
• Aromatherapy
• Art and music programs

One of the most common symptoms of cognitive decline is a lack of impulse control and irritability. Caregivers and nursing home staff should be trained to soothe these behaviors while preserving their patients’ health and dignity. Brain injury nursing home abuse often occurs in response to a patient’s outburst. Reviewing the certifications and training of your loved one’s caregivers can help prevent a situation where an abusive caregiver lashes out.

If you suspect your loved one is being abused, contact a San Luis Obispo elder abuse attorney. 

Legal rights of brain injury victims in nursing homes

People with a brain injury are protected under the Americans With Disabilities Act (ADA), which guarantees equal access to federal and state programs, medical care, and reasonable accommodations that allow someone to visit a public place or place of business.

In addition, brain injury victims may also receive protections under the Fair Housing Act (FHA), which permits reasonable modifications to accommodate their disability and prevents housing discrimination.

More specific rights for brain injury victims are addressed under the 1996 Traumatic Brain Injury Act (TBI Act). The Act includes grant programs administered by the Administration for Community Living (ACL), which provide funding for brain injury patient care and to provide broader access to services intended to treat TBIs.

So what does this mean for your loved one with a brain injury? First, the TBI Act has provisions to help them receive valuable rehabilitation and quality-of-life services. Second, the TBI Act provides resources for you to learn how to advocate for a loved one in a nursing home, including learning signs of abuse or neglect and how to report it. 

Taking action: advocating for brain injury victims

Advocacy for brain injury victims can start at the local level, by petitioning city and state officials to support more programs for disability services to treat brain injuries. Understanding the protections of the ADA and how it benefits brain injury victims can help your family become more knowledgeable advocates for your loved one.

Each state has a long-term care ombudsman office tasked with advocating for the rights and needs of people in long-term care facilities like nursing homes and memory facilities. If you suspect brain injury nursing home abuse, you can report it to the California Long-Term Care Ombudsman Office. Investigators look into complaints and will take action against abuse.

Resources and support for brain injury victims and their families

Feeling grief and loss after your loved one suffered a serious brain injury is common. Many families find solace in support groups. Your loved one’s brain injury treatment team may be able to refer you to an in-person group close by.

The TBI Bridge offers virtual support groups at different times. Families can also find resources, support networks, and more information about brain injury advocacy on the St. Jude Brain Injury Network’s website. The program also offers online videos and articles about brain injury research, treatment, and developments that may be available to your loved one.

Lastly, Ernst Law Group also has an array of resources for brain injury victims and their families. 

Are you worried about your loved one?

We can help. The legal team at Ernst Law Group can investigate a possible case of nursing home abuse in California and give you legal recourse to seek justice on behalf of your loved one. Contact us today at (805) 541-0300 for a free consultation.

We’re happy to serve injured parties in the following areas:

• San Luis Obispo brain injury lawyers
• Los Angeles brain injury lawyers
• California traumatic brain injury lawyers

After an accident that causes a brain injury, the victim and their family may file a suit for damages against the at-fault party. Brain injury lawsuits may be settled out of court in structured mediation. If both parties cannot reach a fair agreement, then the case moves to trial.

What is a brain injury?

Simply put, a brain injury is damage to the brain tissue. They occur in a few different ways:

• Traumatic Brain Injury (TBI) from a traumatic impact on the head. The brain hits the skull’s interior, causing swelling, bleeding, and sometimes torn tissue.
• Penetrative brain injury, in which an object penetrates the skull and damages the brain.
• Hypoxic or anoxic brain injury, in which the brain is deprived of oxygen. The longer the brain is oxygen-deprived, the more tissue damage occurs.
• Internal causes, such as a blood clot or tumor.

Each type of injury can have an outside cause, including a tumor or blood clot. So, plaintiffs in a brain injury suit could have any one of these injuries.

Settling a brain injury lawsuit vs. going to trial

Sometimes, the defendant is so obviously to blame for the accident that caused your brain injury that their insurance company offers a settlement up front, potentially limiting the defendant’s exposure to your case. Even if this happens to your family, it’s better to consult with an experienced California traumatic brain injury lawyer before signing a brain injury settlement offer – once you accept a settlement, you give up your right to file a lawsuit.

This isn’t the only time that your brain injury case can settle. The plaintiff and defendant can settle the case anytime between when your brain injury attorney filed the lawsuit for damages and when the trial starts.

However, if the defendant challenges the estimated cost of future medical treatment or the settlement offer in general, the case goes to trial. If you win your case, you receive an award according to the jury’s decision.

Factors that impact your brain injury settlement

The purpose of a brain injury lawsuit is to return the victim to the financial state they were in before the accident and injury occurred. It includes paying for all medical treatment and related costs, from home modifications to accommodate someone with changed abilities, to lifelong care in a memory treatment home.

Several factors affect the amount of your brain injury settlement:

• How severe the injury is
• What your maximum medical improvement (MMI) will be – if you aren’t expected to make a full recovery, your case is worth more
• Whether you will be able to work again
• Whether you are permanently disabled
• If you need to move into a memory care home

Essentially, the more your cost of treatment and aftercare, the higher the settlement should be.

A final factor in your settlement amount is whether a judge assesses punitive damages against the defendant. Punitive damages are a financial judgment on the defendant meant to punish the defendant for their negligent or wrongful conduct, but are rare in a negotiated settlement.

Suppose a trial judge deems the defendant’s actions excessively reckless or negligent. In that case, they award the plaintiff punitive damages as a deterrent to other parties who may be tempted to cut the same corners the defendant did.

Advantages and disadvantages of settling out of court

Trial is unpredictable. That’s usually one of the biggest advantages of a mediated settlement. In mediation, you are in control of the terms of the settlement. If a case goes to trial, you have to live with the jury’s decision – and they could vote for the defendant.

Other advantages of a settlement include:

• Less expensive than a trial, so your legal fees are less
• Time – a trial can take months to prepare
• Privacy, as the terms of the settlement and your identity are usually sealed

Some advantages of a trial you may wish to consider are:

• There’s a good chance you’ll be awarded punitive damages if you win your case
• You receive a better sense of closure

It’s your decision whether to settle or go to trial. As your brain injury lawyers, we provide legal guidance and information so you can evaluate your options.

Don’t accept a brain injury settlement without seeking legal advice

Ernst Law Group is a team of skilled California brain injury lawyers who understand the complexities of treating these injuries – and how much it costs. We work with you to negotiate the maximum settlement for your injury to ensure you have access to the high-quality rehabilitation services you need for recovery. Contact us today at (805) 541-0300 for a free case review.

A brain injury impedes your ability to do things you enjoy, develop fulfilling relationships with others, and even care for yourself without help. Brain injuries are classified as either traumatic (caused by trauma to the head and brain tissue) or non-traumatic (caused internally by a blood clot or tumor).

Regardless of the cause, many of the effects are the same:

• Compromised motor function
• Difficulty with speech or memory
• Changes in personality, like outbursts of anger and irritability, or engaging in risky behavior
• Limited independence

Sometimes the brain heals itself, and the victim is restored to their pre-accident facilities. Other times, the victim needs lifelong care and assistance. No two brain injuries are alike, but all injuries improve with focused, purposeful brain injury rehabilitation.

Brain injury rehabilitation offers the best chance of recovery

Structured rehabilitation provides the best chance for recovery from a brain injury, but recovery looks different for everyone.

The goal of brain injury rehabilitation is fivefold:

• Restoring function and independence
• Maximizing potential for recovery
• Preventing secondary complications
• Enhancing quality of life
• Reducing long-term healthcare costs

Many people require professional caregiver services as they recover from a brain injury. Some families may be thrust into a caregiver role, while others may opt for a home health care nurse to provide personal care and therapy services.

If the brain injury is severe enough or results in cognitive decline, they may need to move into a dedicated memory care facility, which is a residential care home staffed 24-7 with nurses trained to care for people with compromised brain function.

Even if a brain injury victim has permanently changed abilities, therapy still offers the best chance for more independence and a better quality of life.

Types of rehabilitation services for brain injuries

The goal of brain injury rehabilitation is to relearn function. Because the brain is responsible for all bodily functions, therapy must address each of the brain’s primary jobs. It typically starts in an acute care facility or hospital, then, as the patient improves, therapy may be done in the home on an outpatient basis.

Physical therapy

Physical therapy improves the patient’s strength, balance, and coordination. Brain injury victims are susceptible to falls due to poor balance. Damage to the neurons reduces the brain’s ability to direct major and minor motor functions. Daily structured movement and prescribed physical activity restore physical communication between the brain and body.

Occupational therapy

Occupational therapy addresses re-learning the activities of daily living. This includes dressing and grooming, showering and using the bathroom, and eating or preparing a meal.

Speech and language therapy

Injuries to the left side of the brain impact language, speech, and communication. A speech therapist may teach the patient how to learn to speak again. Left brain injuries also impact the patient’s ability to understand the words they hear. General language therapy helps patients re-learn vocabulary and syntax, improving their communication ability.

Cognitive therapy

Injuries to the right side of the brain result in difficulty with memory, reasoning, and attention. Cognitive therapy aims to strengthen the patient’s reasoning abilities and focused exercises to improve memory.

Psychosocial support

Not all brain injury rehabilitation is done under the structured guidance of a therapist. The support of friends and family as the patient recovers is necessary to motivate them and ensure they comply with “homework” tasks or practice assigned by the therapy team. Frustration at their compromised abilities is common; understanding and patience from the patient’s family can help redirect the patient and calm frustrations.

What factors affect the outcome of brain injury rehabilitation?

The extent of the victim’s injury usually indicates how successful brain injury rehabilitation will be. Head trauma is classed as mild, moderate, and severe. Mild trauma usually means a full or near-full recovery. Severe brain trauma usually doesn’t.

The quality of care a person receives after a brain injury also determines their outcome. Poor-quality care and inconsistent follow-up yields less positive results than good quality, dedicated rehabilitation and support from the victim’s family.

Challenges and limitations of brain injury rehabilitation

Brain injury rehabilitation may be challenging for even the mildest injury; the more severe the brain damage, the more challenging recovery is.

Other limitations for recovery include:

• Access to quality care
• Onset of depression (common in brain injury victims) that impedes progress
• Compromised sensory facilities

Has someone you love suffered a traumatic brain injury?

Brain injury rehabilitation costs easily run into tens of thousands of dollars, especially for people who will need lifelong treatment in a memory care facility. The party liable for your loved one’s accident should be the one responsible for paying their medical care and group housing costs.

We help California families just like yours file a suit for compensation. Contact Ernst Law Group today at (805) 541-0300 for a free consultation with a skilled California traumatic brain injury lawyer.

Love it or hate it, lane-splitting is legal in California. But just because it’s allowed doesn’t mean it’s safe. The maneuver can still result in serious accidents even when performed safely with good judgment. Worse, failing to use good judgment could leave you liable for a motorcyclist’s or driver’s injuries and property damage.

A motorcycle accident lawyer in San Luis Obispo can help if you were accused of causing a wreck while riding legally or if you were injured by a lane-splitting motorcyclist. Our attorneys have extensive experience in this area with a long track record of success in cases similar to yours. 

If you want to learn more about how we might be able to help you, schedule a free consultation by calling (805) 541-0300 or by contacting us online. 

What is lane splitting?

As defined by California Vehicle Code Section 21658.1, lane splitting is driving a motorcycle with two wheels touching the ground between moving or stopped vehicles that are in the same lane. 

Splitting lanes reduces the amount of space both the motorcyclist and the motorist have in their lane for reacting to maneuvers made by other drivers.

Some drivers might be surprised by the maneuver, and others might not see the motorcycle in their blindspot – either scenario can have a tragic ending if either person moves into the other’s path. 

Why is lane splitting legal in California?

Lane splitting was made legal despite being dangerous due to one primary reason: traffic. California highways are notorious for frustrating traffic jams that can last for hours. Legalizing lane splitting was one way to try and relieve this problem, so long as it was done safely.

Restrictions on lane splitting

Just because lane splitting is legal doesn’t mean riders can make the move however they like, wherever they like. You still can’t ride on a highway shoulder since that’s not considered to be within two lanes of traffic. Riders also can’t lane split when conditions are dangerous, such as during bad weather, insufficient lighting, and when a road is in disrepair.  

Lane splitting guidelines

If you’re going to lane split – or you’re sharing the road with a motorcycle – there are guidelines to follow to help everyone get to their destination safely. 

For riders

Motorcyclists should only lane split when they’re traveling no more than 10-15 mph faster than the vehicles that surround them. The faster the motorcycle is going, the higher the risk of an accident occurring. Riders can perform the move on all roads, including undivided and divided streets as well as highways.  

For motorists

If you’re a driver in California, you should always be prepared for the possibility of a rider trying to split lanes. Of course, you should always pay attention to your surroundings, but be especially wary of riders when you’re in slowed or stopped traffic.

Stay in the center of your lane, listen for approaching motorcycles, and double-check your mirrors and blind spots before making a departure from your lane. 

Lane splitting safety tips

If you’re a rider and splitting lanes, follow all safety rules. Here are a few additional tips to follow.

• Always consider the environment before lane splitting. This not only includes the condition of the road, but also the size of the vehicles around you. Remember, you can’t split lanes if the weather is bad, there’s not enough lighting, or the road is in disrepair. You should also avoid splitting lanes between large vehicles like semi-trucks because they’ll have a lower chance of seeing you, as will cars in front of them.
• The faster you go, the more of a chance you’ll be severely hurt if you’re in an accident. If you have to lane split, never do it when riding more than 10 mph faster than surrounding traffic.
•  If that traffic is moving at 30 mph or higher, lane splitting should be avoided because cars are more likely to make last-minute maneuvers, possibly without signaling, which could prove dangerous for you.
•  Splitting lanes is usually safer when you do it between the lanes on the left. 

• Don’t linger between vehicles, and always make yourself as visible as possible by wearing reflective or brightly colored gear and clothing.  

Speak with Ernst Law Group if you’re in an accident

Even though lane-splitting is legal in California, that doesn’t automatically mean you’ll be able to avoid liability in an accident. The driver’s insurance company is more than likely going to claim you caused the wreck due to carelessness.

Unless you have a skilled Ernst Law Group motorcycle accident attorney by your side, it’s going to be hard for you to prove you were being careful. Give us a call at (805) 541-0300 or use our online contact form for a free review of your case.

If you’re one of the many who’ve been injured in a car accident in the Golden State, you could have a claim for your damages based on the unique facts and circumstances surrounding your accident and the resulting injuries. 

A California car accident lawyer from Ernst Law Group can make the difference between recovering only a portion of the costs and damages linked to your car accident and receiving complete compensation that fully covers you into the future. 

Call (805) 541-0300 or contact us online if you’ve been injured in a car accident to learn how we can help you. 

Continue reading to learn more about the startling collision statistics in California, why some drivers are more at risk than others, and about the particular times of day that might increase your risk of being involved in an accident.

California car accident statistics 

According to the Statewide Integrated Traffic Records System (SWITRS), a system which collects and processes data from collisions, in 2019,

(H3) Certain groups and ages have a higher risk of traffic fatality

CHP’s 2019 SWITRS report also showed that in 2019, male drivers were at-fault in fatal accidents 361% more often than females, and that they were at fault 164% more than females in injury accidents.

The reports also indicate that there’s a drastic difference between the at-fault driver’s age in fatal and injury crashes between males and females. Here’s a look at the ten ages or age groups that were found to be at-fault most often. 

Time of day with the highest risk of traffic fatalities 

The 2019 SWITRS report indicated that for injury accidents, nearly twice as many collisions happened in the PM hours compared to the AM hours. Predictably, the most accidents-per-hour occurred during prime commuting times, with the most happening on Fridays:

• 9,939 accidents between 8:00am and 8:59am followed very closely by 7:00am-7:59am with 9,664 collisions 
• 15,156 occurring between 5:00pm and 5:59pm
• 30,086 injury accidents on Fridays compared to 26,228 on Mondays.

Fatal crashes follow a different pattern with 70% of them occurring in the AM hours, and:

• 159 between 5:00am and 5:59am
• 216 between 9:00pm and 9:59pm
• 570 fatal accidents on Saturdays, followed by Fridays with 543, and 535 on Sundays.

Factors behind the increase in fatal crashes at night and early morning 

Driver attentiveness and responsibility are what support a safe driving environment at any time of day. However, during commuting times drivers might be more likely to be distracted thinking about work or might even be handling work calls, texts, and emails while they drive–distracted driving can lead to more accidents. Accidents on the weekends, especially in the late hours, are more likely to be alcohol-related, which was the highest-frequency cause of fatal accidents in 2019, 2018, 2017, and 2016.

Pedestrian violations were another high cause of fatal accidents, so special attention should be paid to areas with pedestrian traffic.

In 2019, traveling at unsafe speeds was the most frequent cause of injury accidents (59,399), followed by automobile right-of-way violations with 30,006 accidents.

Reach out to a California car accident lawyer from Ernst Law Group

The best way to ensure your safety on the road is to be vigilant and abide by all traffic and safety laws. If you followed the rules of the road but were injured by someone else’s failure to heed that advice, connect with a California car accident lawyer from Ernst Law Group to get started on your claim today. 

Contact us online or call us today at (805) 541-0300 to schedule your free consultation. 

5 Most Dangerous Roads in California

California is a spectacular state filled with stunning scenery and is the most populated state in the U.S. Whether it’s the beautiful views distracting drivers or simply that there are more drivers on the road than in any other state, there are no shortage of dangerous car accidents throughout the state, some with devastating results.

If you’ve been injured in a car accident caused by a negligent driver, a California car accident lawyer with Ernst Law Group is ready to help you. Schedule a free case review by calling (805) 541-0300 or by using the online contact form.

Here’s a look at five of the most dangerous roads in our state, as well as hotspots in cities that carry increased risks for motorists. 

Deadliest Road: I-15 – Cajun Junction to Hesperia

In a study of more than 10,000 car accidents that occurred between 2017-2019, researchers found that the 4.5-mile section of I-15 between Exits 138 and 129 was the deadliest stretch of highway in the entire state with 19 deaths from 19 accidents in only two years.  

#2: I-80 – Emeryville to Albany

This 5-mile stretch of road between Exits 14A and 8A accounted for 15 fatal accidents that resulted in 17 deaths. 

#3: I-80: El Cerrito to Pinole

Another 5-mile section of Interstate 80 (Exits 15-21) was just as deadly, accounting for 13 fatal wrecks and 18 deaths.  

#4: I-5: Del Paso Rd. to Railyards Blvd.

This 4.9-mile stretch of The Five also had 13 fatal collisions between 2017-2019, resulting in 16 people losing their lives.

#5: I-215: Grand Terrace through San Bernardino

Interstate 215 can also be dangerous. The 4.7-mile section running through San Bernardino was the site of 13 fatal accidents that led to 13 deaths. 

Deadliest Roads by City

Every city has certain roads that seem more dangerous than others, but in some cities those suspicions ring true. 

Los Angeles

Los Angeles roads are notorious for congestion, but plenty of them also pose an increased risk of accidents. 

Sierra Highway

This highway starts at the far northern city limits of LA. One of the main reasons it’s so dangerous is that it’s almost always under construction. Although the construction is badly needed, the road is so heavily traveled night and day that it’s difficult to do or complete the projects, so the road is congested with workers and littered with potholes that can easily lead to accidents. 

Interstate 5

It’s not just the stretch of I-5 mentioned above that’s dangerous. It’s a long stretch of highway with large stretches in between towns that motorists speed through to get to their destination. Research shows that there’s one fatal crash for every mile of highway. 

Interstate 405

I-405 runs along the south and west borders of Los Angeles and is widely considered to be the most congested highway in the entire country. To make matters worse, it also runs near three major airports. Those from out of town are less familiar with the exits and might make dangerous last-minute maneuvers, resulting in several accidents in addition to those caused by distracted drivers. 

San Diego

Not only is San Diego one of the most beautiful cities in the state (or the entire country, for that matter), it also has some of the most dangerous roads. Each of these roads recorded 10 fatal accidents between 2017 and 2019. 

Interstate 15–Ranked 12

The five-mile section of I-15 that runs between Scripps Poway Parkway and Miramar Way is one of the deadliest in all of San Diego County.  

Interstate 5–Ranked 17

I-5 makes the list again (it’s not the last time) with the stretch between Marina Parkway to San Ysidro Boulevard. 

Interstate 5–Ranked 18

Another section of I-5 in San Diego makes the list, this time between Hawthorne Street (San Diego Airport) and Harbor Drive/Civic Center Drive.  

San Jose

There were 80 traffic fatalities in San Jose in 2019 alone. Here are some of the most dangerous roads in the city. 

Interstate 280

Interstate 280 runs from San Jose to San Francisco. It offers incredible views and incredible danger. Four people were killed on this road in 2019.

U.S. Highway 101

US 101 goes up and down the entire U.S. west coast. The section that runs through San Jose is particularly treacherous. In 2019. Nearly 25% of all traffic deaths in San Jose (17) occurred on US 101. 

State Route 17

If you don’t know exactly where you’re going on Highway 17, you’ll be at a very high risk of being in an accident due to its blind curves, narrow shoulders, and wildlife entering the roadway. 

San Luis Obispo

Two roads in our neighborhood, U.S. 101 and Foothill Boulevard, are extremely dangerous. 

U.S. Highway 101

Yes, US 101 is dangerous in San Luis Obispo, too. It winds through the mountains, yet gets heavy traffic each and every day. It’s considered the most dangerous stretch of road in the entire city. 

Foothill Boulevard

Between 2012 and 2016, 82 accidents occurred at the intersection of Foothill and Santa Rosa. 

Car Accident in California? Call us to see how we can help.

If you’ve been injured in a car accident caused by someone else, schedule your free consultation with the elite California car accident attorneys at Ernst Law Group completing the online contact form or calling (805) 541-0300.

Since March is Brain Injury Awareness Month, it is a great time to educate yourself on what brain injuries are, how they can happen, and how you can help injured victims.

Types of Brain Injuries

There are two types of brain injuries that are not hereditary, congenital, or related to birth. These two types are Acquired Brain Injuries (ABIs) and Traumatic Brain Injuries (TBIs).

Acquired Brain Injury

An Acquired Brain Injury (ABI) occurs as a result of internal causes, not from external trauma. Some causes of ABIs include but are not limited to:

• Aneurysms
• Strokes
• Brain tumors
• Meningitis
• Near drowning
• Heart attacks

Traumatic Brain Injury

A Traumatic Brain Injury (TBI) can happen as a result of sudden external assault to the head that damages the brain’s structure and/or functioning. TBIs can be closed-brain injuries or penetrating brain injuries depending on whether the trauma caused a break in the skull or not.

An example of a cause of a penetrating brain injury is a gunshot wound to the head where the bullet enters the brain.

Closed-brain TBIs can be caused by sports accidents, car crashes, or falls, although any trauma to the head can cause internal damage and closed-brain injuries.

Symptoms of TBIs can include:

• Headache
• Nausea
• Fatigue
• Dizziness
• Slurred or slowed speech

Some milder brain injuries can heal over time, while some more severe brain injuries cause permanent disability and deficits in cognitive, motor, sensory, and communicative functioning.

Some Professions Carry a Higher Risk of TBI, but Anyone Could Be Affected

Brain Injury Awareness Month is an excellent time to evaluate your risk of sustaining a traumatic brain injury.

Some professions carry a higher risk of TBI. If you are an athlete, construction worker, or work in law enforcement or the military, you have a higher risk of TBI. Adhering to safety regulations in the workplace is imperative to lowering that risk.

While some people have a higher risk of TBI than others, anyone can be affected. Accidents happen and TBIs can never be 100% preventable, but there are steps you can take to lower your risk of brain injury.

• Read the instructions and heed the warnings on your medications. Some medications may have side effects such as dizziness or drowsiness that can increase your risk of falling, while some may warn against operating heavy machinery while taking them.
• Don’t drive under the influence, and always make sure all car passengers are wearing their seatbelts. Also, be sure to check that your airbags are working properly when you get your car serviced.
• Always wear a helmet when participating in sports with a high risk of falls and head injuries, such as horseback riding, skateboarding, biking, skiing, football, and hockey.
• If you have issues with stability or risk of falling, consider using a walker or a cane. Nearly 50% of all brain injuries are related to falls.

Brain Injuries in Women

Brain injuries are often more fatal among women than men. There’s a high incidence of assault-related TBIs due to the prevalence of violence against women.

Women are more likely to sustain assault-related TBIs in the workplace in the fields of education, social services, and healthcare.

Intimate partner violence is also a major cause of assault-related TBIs in women. If you are experiencing intimate partner violence, or believe there is a risk of violence in your home, reach out to your local domestic violence agency for immediate assistance and safety planning.

One common recommendation made during the safety planning process is to try to remove yourself from conflict in rooms such as the kitchen or bathroom. These rooms are more likely to contain hard surfaces and sharp corners that increase the risk of TBI.

If you are experiencing intimate partner violence, please call the National Domestic Violence Hotline at 1-800-799-7233 (SAFE).

How to Observe Brain Injury Awareness Month All the Time, Not Just in March

• Educate yourself.

For more information, check out these videos covering a range of topics such as information on rehabilitation for TBIs, personality changes as a result of TBIs, ways to make your daily life better after a TBI, how to help TBI victims financially, and more resources for victims and their caregivers.

The Ernst Law Group’s California resource center for brain injuries is also a great place to educate yourself.
If you are a parent or caregiver of a young person with a traumatic brain injury, this free guide can give you valuable tips and resources to help support the TBI survivor in your life.

• Join a support group.

Brain injuries can permanently affect your life in significant ways, but you can still have a happy and meaningful life after sustaining a TBI.

Get involved in a support group – you are not alone and there are resources to help you.

• Help advocate for the injured.

Legal action can help injured victims of brain injuries. Ernst Law Group’s Los Angeles and San Luis Obispo Brain Injury Lawyers can help by advocating for you or your loved ones who have been affected by brain injuries.

If your brain injury was caused by another’s negligent, intentional, or reckless behavior, they should be held accountable, and you deserve justice and can seek compensation to pay for damages.

Under California law, the injured party can still recover some damages in the form of compensation even if they are partially at fault for the accident. While compensation may not always help a victim heal their brain injury, it can help their quality of life to be as close as possible to what it was pre-injury.

Treatment for brain injuries can be expensive and cost thousands or even millions of dollars for the remainder of the victim’s life. The Ernst Law Group has recovered millions of dollars for their clients in personal injury and wrongful death lawsuits.

Ernst Law Group’s California traumatic brain injury lawyers believe that victims of TBIs deserve the highest quality of life possible all the time–not just during brain injury awareness month.

The Ernst Law Group has a proven track record and reputation for aggressive and experienced legal representation for victims of personal injury. Ernst Law Group takes cases on a contingency basis and there are no fees unless we win your case.  There are no up-front fees, and your first consultation is always free.

If you have a brain injury, even if it is a mild concussion, that may have been caused by someone else’s negligence, call 1-805-541-0300 to schedule a complimentary case consultation. You may also email us at [email protected].