Let’s make 2014 a year of motorcycle safety in California

Posted on February 8, 2017January 26, 2023 by wmlawyers

Whether traveling here in the Bay Area or anywhere else in California, the roads are almost always more dangerous for motorcyclists than for drivers in cars and trucks. Unfortunately, motorcycle accidents often lead to serious injuries or death even among riders who exercise all practical precautions.

Adding to the danger is the often adversarial relationship between motorcyclists and drivers of four-wheeled vehicles. Motorcyclists may say that drivers rarely keep an eye out for riders and give them too little room on the road. For their part, drivers often accuse motorcyclists of riding recklessly, speeding and weaving through traffic in ways that make them hard to see. Both sides may be equally right and equally wrong, but the California Highway Patrol wants to help these two groups share the road more safely.

The CHP is in the midst of a year-long campaign to reduce motorcycle accidents and injuries and to educate the public about motorcycle safety. The CHP’s efforts include plans to set up information booths and well-attended public events and to designate periods of extra traffic enforcement. The periods of increased enforcement planned for later this year will focus on behaviors (by both motorcyclists and drivers) that increase the risk of a motorcycle accident.

No matter what you drive or ride, we all have a part to play in maintaining road safety; particularly when it comes to preventing motorcycle accidents, injuries and deaths. Riders can protect themselves by wearing a motorcycle helmet and high-visibility clothing and by riding defensively. Drivers need to stay off their cellphones, keep an eye out for motorcyclists and always give riders plenty of space within their lane.

Source: The Press-Enterprise, “PUBLIC SAFETY: Campaign revs up on motorcycle safety,” Brian Rokos, Feb. 10, 2014

Wrongful death lawsuit puts ride-share insurance under scrutiny

Posted on February 8, 2017 by wmlawyers

In our post last week, we wrote about a wrongful death lawsuit in the wake of a fatal pedestrian accident in San Francisco. A young girl was struck and killed as she attempted to cross the street with members of her family on New Year’s Eve. The driver who struck her was one of many drivers providing service for Uber, one of the ride-sharing firms approved for operation in California last September.

Companies like Uber turn regular drivers with their own cars into a sort of part-time taxi service. Fares tend to be cheaper than traditional taxis. But this recent accident has raised a very important question: who is liable when someone gets injured or killed by a driver working for a ride-sharing service?

Insurance coverage for this business model is still somewhat murky. In the event of an accident, insurance liability first falls on the driver/car owner who caused it. If the damages exceed the driver’s personal liability coverage, ride-share companies are supposed to make up the difference by carrying a policy worth up to $1 million.

In the wake of this fatal pedestrian accident, however, Uber was quick to claim that the driver was not carrying a fee-paying passenger and was therefore not working for Uber. As such, he would not be covered under the company’s insurance policy. Others disagree, noting that the driver was logged on to the Uber network at the time of the crash.

This accident and the resulting lawsuit have provided a proverbial “I told you so” opportunity to critics of the ride-sharing business model. The most vocal opponents have been those in the traditional taxicab industry.

In addition to concerns about when a ride-share company is and is not liable for an accident, there are also concerns that many individuals who drive for ride-sharing companies may be doing so in violation of their own insurance policies. Many personal auto insurance policies do not cover driving for hire. Commercial driving tends to be a bigger risk, which is why commercial insurance policies can cost up to 10 times more than a personal policy.

By the time that all insurance issues are ironed out, ride-sharing services might not be any cheaper than traditional cabs. This lawsuit will likely help set the tone for future liability cases in this burgeoning industry.

Source: L.A. Times, "California regulator warns about gaps in ride-sharing insurance," Marc Lifsher and Salvador Rodriguez, Feb. 5, 2014

Dozens injured and 2 killed in alleged drunk driving crash

Posted on February 8, 2017January 26, 2023 by wmlawyers

Each year, countless Californians flock to the South by Southwest festival in Austin, Texas. What started as a music festival has expanded to include a technology showcase that attracts some of best and brightest from Silicon Valley and other parts of California.

Sadly, a group of South by Southwest attendees was injured and two people were killed last night as an alleged drunk driver attempted to flee police. Early reports say that as many as 23 people were injured in the auto accident as the driver plowed his vehicle into a crowd outside of a nightclub.

The city’s police chief had strong words of condemnation for the at-fault driver, who allegedly caused the crash after being pulled over on suspicion of drunk driving and then fleeing. The chief said: “There is only one person responsible for this, someone with no regard for the sanctity of life. Our focus is on gathering evidence and seeking justice for the people who lost their lives.”

The two victims who died were reportedly on a motorized scooter and were the first bystanders to be struck when the sedan driver went through a barricade and traveled in the wrong direction down a one-way street.

It is sometimes hard to fathom how a single person making poor decisions can cause harm to so many in such a short period of time. Yet this is often the reality of drunk driving accidents. Hopefully, the alleged drunk driver will be prosecuted to the fullest extent of the law. Victims and their families may also wish to pursue civil lawsuits as well.

Source: The Chicago Tribune, “Car plows into crowd at SXSW music fest, 2 killed,” Mar. 13, 2014

Elderly drivers are safer motorists than experts had expected

Posted on February 8, 2017January 26, 2023 by wmlawyers

For several years, safety advocates and federal regulators have been particularly preoccupied with the safety of two specific groups of motorists. Both teen drivers and elderly drivers have received a great deal of attention in recent years because these groups are generally at greater risk of being involved in accidents than adults aged 20-70 are generally.

There are a number of reasons why novice and elderly drivers are considered to be at greater risk of Oakland auto accidents. Primarily, teens are at risk due to inexperience and elderly drivers are at risk due to the effects of aging. However, a recent study indicates that elderly drivers do not seem to be at as high of a risk for accidents as many experts expected that they would be at this point.

Approximately ten years ago, safety experts and federal regulators expressed growing concern that the increasing population of elderly drivers would soon dramatically impact accident rates for the worse. However, the Insurance Institute for Highway Safety recently released data which should alleviate these long-standing fears.

According to the IIHS data, elderly drivers are both less likely to be seriously or fatally injured if they are involved in accidents and are less likely to be involved in collisions than elderly drivers of previous generations were. Rather than impacting accident rates for the worse, current elderly drivers are safer than those elderly drivers who came before them.

This welcome news should be celebrated not only by elderly drivers themselves but also by all motorists who might come into contact with elderly drivers during their travels.

Source: Insurance Journal, “Grandpa and Grandma Much Safer Behind the Wheel Than Predicted,” Joan Lowy, Feb. 25, 2014

Parents, please pay attention to recalls

Posted on February 8, 2017 by wmlawyers

Parents of babies and young children tend to be incredibly busy people. If they are not working or pursuing their own interests, they are playing with their kids, running them to the doctor, making them food or are otherwise engaged in the act of parenting. It is of little wonder then that certain messages aimed at parents of babies and young children are not always properly received, because these individuals rarely have time to intently read every single notice and public service announcement that may affect them.

This communication challenge has made one child safety organization extremely concerned. Because while it is understandable that parents are very busy, the organization Kids in Danger has noticed that many are too busy to either check for or respond to critical safety recall notices affecting dangerous toys and other defective child and infant products.

According to a recent report compiled by Kids in Danger, only one out of every 10 child and infant products recalled from the market are returned or replaced. Some parents are not notified of these recalls, while others may stumble across some information about a recall but do not feel the need to act upon it with any sense of urgency.

The organization is urging manufacturers of recalled products to increasingly utilize social media as a means of notifying parents about recalls. Given that many parents connect with friends, family and organizations over social media, this push makes sense. In addition, it is important for parents to not only act on recalls that they are notified about but also to consistently search for the latest recalled products. Many products purchased second-hand are recalled and searching for recall updates is generally the only way that parents can reliably remain informed about these specific recall efforts.

Source: USA Today, “Only 10% of recalled kids products fixed or returned,” Alicia McElhaney, Feb. 21, 2014

Stroller manufacturers held to higher standard for safety checks

Posted on February 8, 2017January 26, 2023 by wmlawyers

Parents of young children often go to great lengths to prevent their children from being exposed to harmful products. For example, they might ensure that small choking hazards or toxic materials are well out of reach. Although these may be clear safety hazards for infants and toddlers, trends in recent years show what might be a more concerning — and perhaps less obvious — dangerous product.

Accident data from the Consumer Product Safety Commission showed a disturbing trend of stroller-related accidents among children between 2008 and 2012. In response, the CPSC has rolled out new safety requirements for manufacturers.

The new safety requirements primarily focus on the process stroller manufacturers use to test components of their products. In the past, the following stroller parts have been identified as safety hazards and will now undergo more stringent safety tests:

Buckles
Cords and straps
Seats
Hinges

Most of the tests are to check the overall stability of strollers. Without adequate reinforcement in the seats or hinges, for example, there was a risk of child injuries if their strollers suddenly collapsed.

In more serious cases, inadequately tested stroller components were causing strangulation or limb amputation. In children were caught in straps or had a finger pinched in a hinge that collapsed too easily, they could suffer permanent injuries.

Before products become publicly available to consumers, manufacturers have a duty to make sure they are inspected to prevent unnecessary injury. After all, parents should be able to expect that the products they purchase are actually safe for intended uses.

Source: Courthouse News Service, “Stricter Safety Tests Required for Strollers,” Jon Chown, March 13, 2014

What families can do to help teens avoid distracted driving

Posted on February 8, 2017January 26, 2023 by wmlawyers

We have previously written about the increasingly prevalent problem of distracted driving. Although driving distracted is a chosen behavior and not a “disease” in the traditional sense, the scourge of distracted driving car accidents has prompted responses from agencies like the Centers for Disease Control and Prevention. A recent report from the CDC noted that distracted driving kills nine people and causes injuries to 1,060 more each day on U.S. roads.

As with most diseases, the best cure for distracted driving is prevention. And prevention efforts should be focused on our most vulnerable and susceptible drivers: Newly licensed teenagers. In today’s post, we’ll talk about what actions California drivers can take to address a problem that puts all of us at serious risk of an auto accident.

Studies show that teen drivers are likely to start engaging in “high-risk secondary tasks” as they get comfortable with the routine aspects of driving. If you are the parent or grandparent of a teen driver, you may have much more influence than you realize. You can impart wisdom in two ways: By example and by communicating clear expectations and rules.

First, please make the choice to drive distraction-free each and every time you get behind the wheel. This sets an example for the teenager in your life that texting and other distracting activities are not safe or acceptable even among experienced drivers.

You may also want to set specific rules and expectations for your teen driver about avoiding distraction behind the wheel. When your teen is driving and hears that they have a new text message, they’ll be less likely to read it immediately if they have your voice in their mind saying: “The family rule is that we drive first and talk or text later.”

California has laws against cellphone-related distractions behind the wheel, but we all know that enforcement is not effective enough to be a significant deterrent. That’s why it is so important for each of us to make a commitment to drive distraction-free and to send that same message to those we love.

Source: USA Today, “Distracted driving: What you can do,” Heather Frank, Feb. 14, 2014

California politician and U.S. Govt. named in wrongful death suit

Posted on February 8, 2017January 25, 2021 by wmlawyers

After a serious or fatal accident, determining legal liability can sometimes be tricky. If a drunk driver strikes and kills a pedestrian, for example, there is little doubt that the drunk driver bears liability. But if he was drinking and driving while on the job or at a company-sponsored event where alcohol was served, it is possible in some cases to also hold the employer liable.

A similar scenario to the one mentioned above is currently playing out here in California. The accident victim was a 27-year-old woman who was struck by an alleged drunk driver last December and died several days later. The alleged drunk driver was an aide to U.S. Rep. Lois Capps of Santa Barbara. Both the aide and Rep. Capps have been named in a wrongful death lawsuit filed by the victim’s family.

On the night of the fatal accident, the aide had attended and consumed alcohol at an invitation-only holiday party hosted by the Santa Barbara News-Press. At issue is whether the aide attended the party for his own enjoyment or as a representative of the congresswoman.

Earlier this month, the now-former aide pleaded guilty to striking the pedestrian and fleeing the scene. He has also testified that he attended the party on behalf of Rep. Capps. Others claim he even discussed policy with party guests that night. But Rep. Capps and other staffers allege that the aide attended the party on his own.

The details of the case are somewhat complex, but liability in the wrongful death lawsuit seems to center around whether or not the aide was working for Congresswoman Capps that night. If so, she and the U.S. government could be held liable in the lawsuit in addition to her former aide.

Source: Fox News, “California rep sued over DUI death, questions raised about ties to driver,” April 24, 2014

Drunk driving deaths may be under-reported on death certificates

Posted on February 8, 2017January 26, 2023 by wmlawyers

It is important to accurately quantify accident and fatality statistics. These data inform things like public policy decisions, laws and safety initiatives. They also provide important benchmarks showing whether or not these efforts are effective.

We know that drunk driving is a major problem in California and across the United States. This fact has been well established and is hard to refute. However, a recent study reveals that due to differing laws and reporting requirements in various states, it may be difficult to accurately report fatality rates related to drunk driving accidents.

The results recently appeared in the Journal of Studies on Alcohol and Drugs. Researchers in the study examined 10 years of data (1999-2009) included in a national database known as the Fatality Analysis Reporting System. They compared that data to the causes of death listed on death certificates of those who died in traffic fatalities during the same period.

The discrepancies between the two were stark. Alcohol was listed as a contributing factor on just 3 percent of death certificates studied. Yet the FARS database showed that during the same decade, 21 percent of auto accident victims killed were legally drunk. In short, there was a seven-fold difference between drunk driving listed on death certificates and drunk driving listed in the FARS database.

In cases of traffic fatalities, only about half of all states require that drivers have their blood-alcohol level tested. And in these states, only about 70 percent actually are tested. In states without the requirement the testing rate is almost certainly much lower. This is, in part because death certificates are often issued within about four days of death while blood test results can take up to a week or more.

Considering that traffic accidents are a leading cause of death among young Americans, accurate reporting of related information is crucial. If statistics could show just how common and lethal drunk driving is, the response from legislators, policy makers and the general public could be strong enough to end this scourge once and for all.

Source: ThinkProgress, “The Surprising Issue That May Be Holding Back Effective Drunk Driving Laws,” Sy Mukherjee, March 24, 2014

Hi-tech and low-tech solutions to distracted driving

Posted on February 8, 2017January 26, 2023 by wmlawyers

April is Distracted Driving Awareness Month across the United States. Safety advocates and law enforcement agencies here in California are marking the occasion in unique ways. Today, in fact, is one of three days in April that have been chosen for state-wide, increased enforcement of anti-distracted-driving laws.

Refraining from texting and other distractions while driving is ultimately a choice. But for those who work in or are simply inspired by Silicon Valley, there is also technology available to make that choice easier. A recent IT World article highlighted several smart phone apps that can help drivers avoid auto accidents by making it harder and/or less tempting to use our phones while driving.

An Android app called “Agent” has several features related to use of your phone in the car. According to the article, it can sense when you are driving and in response, it will change the behavior of the phone in a number of optional ways. This can include sending auto-reply messages alerting others that you are driving. It can also silence your phone or turn it into a hands-free device that responds to voice command.

Several Motorola phones offer specific services similar to the Agent app. And iPhone users (with models 4S or later) can use Siri to operate the phone hands-free and eyes-free.

There are also two effective “hacks” available on every cellphone: Turning off the phone and silencing the ringer/notification sounds. Not only are these available and easy-to-use features on every phone, they may also be the most effective way to prevent cellphone distractions that lead to car accidents.

California is one of just a dozen states to ban the use of handheld cellphones while driving. But numerous studies have shown that hands-free devices or modes do not significantly reduce distraction. Even though the driver is not engaged in manual or visual distraction, he experiences cognitive distraction when he should be focused on driving.

There are technological solutions to help mitigate distractions caused by technology. But at the end of the day, driving distraction-free is still a choice. This month, please make the pledge to drive distraction-free and ask your loved ones to do the same.

Source: IT World, “Apps that fight our distracted driving habits,” Kevin Purdy, April 16, 2014