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Could better pay solve the problem of truck driver fatigue?

While most of us drive simply to get where we’re going, commercial truck drivers drive for a living. In light of this and in light of the fact that they are driving the largest and most dangerous vehicles on the road, it stands to reason that truckers should be better and safer drivers than the rest of us.

Sadly, this is not the case. Truck accidents are more common than most people realize, and they tend to be fatal. Moreover, the causes of truck accidents are nearly always preventable, including things like distracted driving and truck driver fatigue. So who is ultimately to blame when the behavior of truck drivers causes fatal accidents?

Naturally, the truckers themselves play a role, but blame also rests with the trucking industry as a whole. One major problem is the way that truck drivers are compensated for their work. In many cases, truckers are only paid for the miles they travel. Any time not spent driving is unpaid, including time spent waiting for cargo to be loaded and unloaded.

The problems with this system of compensation are obvious. Because wait times, resting and sleeping are not compensated, drivers feel a lot of economic pressure to be behind the wheel as much as possible, regardless of how fatigued they feel. But the human body’s capacity for work is limited, and drivers who forego sleep are putting themselves and everyone else in serious danger.

The Federal Motor Carrier Safety Administration is currently studying this problem. In doing so, the agency hopes to show that compensating truck drivers for the time spent waiting for cargo loading and unloading will relieve financial pressures, encourage better sleep/rest habits and ultimately reduce the number of truck accidents related to fatigued driving.

Will this effort be successful? For the sake of everyone on U.S. roads, let’s hope so.

Source: Trucking Info, “FMCSA Will Study Driver Pay Impact on Safety,” Oliver Patton, August 29, 2014

In CA and other states, more study needed on pot-impaired driving

Drunk driving has long been a problem in the United States. Moreover, it is a highly researched and well-documented problem. There is no dispute that drunk driving is dangerous and deadly.

But marijuana, on the other hand, remains a problem, in part, because its effects on driving ability are a matter of significant debate. It is clear that marijuana impairment increases a driver’s crash risk, but the increased risk is difficult to quantify. One thing is certain: stoned driving continues to be a pressing issue in California and in other states where either medical or recreational marijuana use is legal.

All states have laws against driving while impaired by marijuana. For the purposes of criminal cases involving drugged driving or a drug-related auto accident, there will need to be some guidance on what it means to be impaired by marijuana. Only three states have set an intoxication threshold for marijuana, defined by the level of THC in the blood.

For personal injury and wrongful death lawsuits, however, plaintiffs may not need to split hairs over the level of marijuana impairment to argue that drugged driving played a significant role in the injurious or fatal car accident. After all, drivers who were impaired by alcohol can still be held liable for accidents they caused, even if their blood-alcohol concentration did not surpass the threshold of 0.08 percent.

No matter what drink or drug a person may have ingested, impaired driving is dangerous. And those who get behind the wheel while impaired need to be ready to face the consequences of their negligence.

Source: Monroe News, “Marijuana's hazy contribution to highway deaths,” Sept. 2, 2014

Two important reminders about the dangers of distracted driving

Many of our previous posts have focused on the serious hazard of distracted driving. Californians are fortunate to live in a state with among the most restrictive laws governing cellphone use behind the wheel. But distracted driving remains a serious risk, and it continues to cause car accidents on California roads and highways.

In today’s post, we’ll focus on two important points that often get lost in the conversation about distracted driving. The first is that although California law bans the use of handheld cellphones behind the wheel, hands-free technology might not be much safer or less distracting. The second is that cellphones are only one source of distraction for drivers.

In order to maintain legal compliance and to offer customers more choices, many car companies are including in-vehicle technology to wirelessly connect the driver’s cellphone to the car. Drivers can then engage in hands-free voice calls and voice-activated text messaging. This gets around California’s ban on the use of handheld cellphones and electronic devices.

According to the Insurance Institute for Highway Safety, bans on handheld cellphones seem to reduce overall phone use but they do not reduce the risk of crashes for drivers who switch to hands-free options instead. In fact, some researchers believe that voice-activated technologies could actually be more distracting because drivers are not used to using them.

Finally, it’s important to remember that cellphones are dangerous behind the wheel, but they are not the only sources of distraction drivers face. Adjusting the radio, eating, grooming and tending to a child in the back can also be dangerous if they take your eyes of the road, your hands off the wheel or your mind off the task of driving.

Widow of Oakland man settles train crash wrongful death lawsuit

When a family member or loved one is killed by the negligence of others, it may take a long time to finally achieve justice. However, with patience and persistence, family and friends of deceased victims can usually get the compensation they deserve.

Oakland readers may remember an accident from 2009 that claimed the life of a journalist who wrote for the Oakland Tribune. The 70-year-old man was struck by a San Francisco Muni train as he tried to cross the street in the crosswalk. He was knocked into a nearby pole and hospitalized for two weeks before finally succumbing to his severe injuries.

The victim’s wife of 25 years filed an Oakland wrongful death lawsuit against the San Francisco Municipal Transportation Authority. Earlier this week, the agency announced that its board of directors has approved a settlement amount of $900,000 to be paid to the victim’s wife. It is one of the agency’s largest settlements in recent years.

According to records, the at-fault Muni driver saw the man approaching the crosswalk but incorrectly assumed that he planned to stop before crossing. Without signaling, the driver pulled into the crosswalk and struck the victim. In his obituary, the man’s colleagues remembered him as “one of the most energetic, enthusiastic people on the planet.”

Relief for this grieving widow came almost three full years after she filed her wrongful death lawsuit. But as this settlement shows, justice delayed is not always justice denied. Hopefully, the outcome of this lawsuit will help the woman pay any related medical and funeral expenses as well as find a sense of healing and closure.

Source: InsideBayArea.com, “SF transit agency approves settlement in Muni crash that killed Oakland Tribune journalist,” Kristin J. Bender, Mar. 20, 2013

Young rider killed in motorcycle accident outside of Oakland

The rate of motorcycle accident injuries and fatalities in Southern California is unacceptably high. In many cases, motorcycle accidents occur because other drivers don’t keep an eye out for these smaller vehicles.

For instance, it is common for motorcyclists to unavoidably crash into cars and trucks as these larger vehicles make a reckless left turn across oncoming traffic. In other cases, drivers may not look carefully while backing out of a driveway or parking spot and they move directly into the path of a motorcyclist.

Late last month, a young motorcyclist and Oakland native was killed in a crash with a sport utility vehicle in Hayward. According to news reports, the SUV was backing out of a driveway as the 24-year-old motorcyclist was approaching. The biker slammed on his brakes in an effort to avoid colliding with the other vehicle, but both he and the motorcycle were thrown against the side of the SUV.

The motorcyclist was rushed to the hospital but died that evening in the trauma center. The accident is still under investigation, and police do not suspect that the 38-year-old SUV driver was under the influence of alcohol or drugs at the time of the crash.

Also under investigation is whether either motorist was at fault for the crash. Determining liability could be important, both for potential criminal charges and a potential wrongful death lawsuit.

This accident may very well have been an unavoidable tragedy. However, the crash scenario is a common one, and it illustrates the dangers motorcyclists face on California roads. In a collision between a motorcycle and a larger vehicle, the motorcycle always loses. That’s why car and truck drivers need to be especially attentive and always keep an eye out for motorcyclists.

Source: Patterson Irrigator, “UPDATE: Grayson man dies in Hayward motorcycle crash,” Mar. 7, 2013

iPhone app helps prepare new motorists for dangers on the road

A new app has been placed on the market. It is supposed to help novice motorists gain driving experience in varied situations. The hope: maybe we can reduce a couple of avoidable car accidents.

Parents wish that the driving test included jaywalking pedestrians or snow blizzards, but that is just not the case. Nevertheless, how do we prepare new teen drivers for the unpredictable experiences of the road?

A new app, Time to Drive, helps new drivers create goals – specifically to gain experience in unique driving situations. The technology helps drivers track what driving experience has been accomplished (and what has not). The goal is to place new drivers in varied driving situations, when possible.

The problem is that teen car crashes are on the rise. Also, an Allstate Foundation survey of 2,093 youths and parents suggests that 64 percent of parents are looking for resources that can help manage and assist new drivers.

If you are interested in the app, you can obtain it through the Apple iStore. Hopefully, the technology will be available for Android users soon.

It is almost impossible to prepare a new drivers for the hurdles that they may (or may not) experience in their lifetimes. However, recent technology is making solid efforts to reduce the accidents that could have been easily prevented.

If you have been a victim of a serious car accident that was caused by another's poor driving habits, you may benefit from speaking with a qualified personal injury law attorney in your neighborhood.

Source: USA Today, "Honk if you love apps that protect teen drivers," Larry Copeland, April 8, 2013

Many parents invest in monitoring tech to track their teen drivers

Every parent fears the day when their teenager starts driving. California has comprehensive graduated driver licensing laws, but new and inexperienced drivers are still highly at risk.

Studies show that a teen driver is significant more likely to die in a fatal car accident during their first year of driving that at any other point after that. Statistically, more U.S. teens are killed by auto accidents than any other hazard. So what can parents do to help keep their teen drivers safe when traveling without them?

Many parents in Oakland and around the country are turning to vehicle monitoring technology, ranging from low-tech and inexpensive to high-tech and very expensive. The cheapest and easiest low-tech option is to put a bumper sticker on the car that asks: “how is my driving?” The bumper sticker also includes the parent’s cellphone number so that other drivers can call or text about how the teen is doing.

For those who want a more discrete way to monitor their teen drivers, a GPS service called “Geofencing” might be the way to go. Parents determine how fast the teen can drive and where the teen is allowed to go. If the teen travels outside the predetermined area or drives too fast, the service sends an alert to his or her parents.

At around $900, the most expensive option is a device and service called “Drivecam.” First, a dashboard camera is installed in the vehicle. Then, the camera is activated if the teen does something dangerous while driving. The company’s data center reviews each of these videos and reports back to the teen’s parents. The company also reportedly gives tips and feedback to help teens improve their driving skills.

Technological advancements like these would certainly give many parents peace of mind. But whether their teenagers will be happy about an arguable invasion of privacy is another matter.

Would you ever install monitoring equipment to keep tabs on your teen driver? What do readers think?

Source: CBS New York, “Seen At 11: New Technology Could Help Teens Stay Safe Behind The Wheel,” Apr. 4, 2013

Study says driver fatigue is responsible for 20 percent of crashes

Are you among the millions of California residents with an early-morning commute? Do you sometimes work long hours that have you driving home late at night? Do you find yourself on “autopilot” while traveling after a stressful day at the office?

If so, you may be in more danger than you think. Oakland residents often hear about the dangers of distracted driving, but a new study shows that fatigued driving accounts for about 20 percent of auto accidents.

Previous studies and surveys had concluded that fatigue was responsible for only about 2-3 percent of car accidents, but many of these studies were flawed. A recent study from the Virginia Tech Transportation Institute allowed researchers to observe hundreds of volunteer drivers during their actual commutes with nearly no interference from the researchers themselves.

Drivers were monitored for a period of time by a variety of sensors and unobtrusive cameras installed in their vehicles. After thoroughly examining the data, researchers concluded that drivers between the ages of 18 and 20 were the most likely to suffer fatigue-related crashes. Interestingly, researchers also found that more fatigue-related crashes or near-crashes occurred during the day than at night.

Commenting on the study methods and results, one researcher said: “The study allowed us, for the first time, to observe driver behavior just prior to a crash. In 20 percent of all crashes and 16 percent of all near crashes, the driver was showing fatigue. We saw eye-lid closure, head bobbing, severe loss of facial musculature, micro-sleep – which is when your eyes drift shut and then pop up. This was not just yawning. The drivers were asleep.”

Because Americans work so hard and put in such long hours, most of us are used to being tired or fatigued as a matter of course. But as this study shows, being awake and alert is not just important at the office. A fatigued commute is much more dangerous than most people realize.

Source: Insurance Journal, “Driver Fatigue Causes 20% of Auto Crashes: Study,” Susan Trulove, Apr. 15, 2013

California officer faces criminal charges in fatal pedestrian crash

Law enforcement officers must often make split-second decisions when they are called into action. That’s why it is not unusual to see a patrol car suddenly make a U-turn, throw on its lights and siren and begin speeding toward whatever emergency the officer has been called to.

Because officers must make these split-second maneuvers in traffic, it is understandable that auto accidents are sometimes an unavoidable consequence. It is a far different story, however, when law enforcement officers speed and drive recklessly simply because they can. Officers who think traffic laws don’t apply to them are sometimes the most dangerous drivers on the road.

A criminal trial and a separate civil lawsuit are pending against a Southern California sheriff’s deputy who killed two pedestrians in a December 2011 crash. He has been charged with two counts of felony vehicular manslaughter for fatally striking two individuals as they pushed a motorcycle along the side of the road.

According to news reports, it was revealed in a recent court hearing that the sheriff’s deputy had been formally reprimanded by the sheriff’s department for speeding and reckless driving in the months prior to the fatal accident. If this evidence is ultimately admitted into proceedings, it will likely be very influential in both the criminal trial and the civil lawsuit filed by the families of the victims.

 

California Highway Patrol officers testified that on the day of the crash, the defendant was driving at speeds in excess of 80 miles per hour. Furthermore, his lights and siren were not activated and he was traveling through an area that he knew to have a lot of pedestrian traffic.

Just four months earlier in September 2011, the sheriff’s deputy had been formally reprimanded and warned for similar driving behaviors. The sheriff’s department had reprimanded him for scratching a patrol vehicle. He was also warned at the time that reckless driving and speeding endangered his life and the lives of others.

The fact that the defendant went on to cause a fatal pedestrian accident just four months after being warned is telling. Speeding and reckless driving are not tolerated among ordinary citizens, and law enforcement officers should be held to an even higher standard of conduct. When officers continually drive in a reckless manner simply because they can, it is not just an abuse of power. It is also an accident waiting to happen.

Source: The Bakersfield Californian, “Deputy charged in pedestrians’ death had previously been reprimanded,” Jason Kotowski, May 2, 2013

California tops list of most dangerous states for dog bites

Like humans, dogs display a wide variety of personalities and dispositions. And as much as we want to believe that these beloved household pets would never attack a human, the statistics speak for themselves. According to the U.S. Centers for Disease Control and Prevention, approximately 4.7 million Americans are bitten by dogs every year. Of these victims, more than half are children.

Animal bites account for a large number of premises liability lawsuits every year. In order to help educate pet owners and ultimately reduce these avoidable attacks, May 19-25 has been designated National Dog Bite Prevention Week. Few institutions are happier to mark this occasion than the U.S. Postal service; which saw nearly 6,000 of its employees attacked by dogs last year alone.

According to analyses by the US Postal Service and State Farm Insurance, California had the highest number of dock attacks of mail carriers and the general public in 2012. The number-one city on the Postal Service’s list was Los Angeles, in which 69 employees were attacked last year. San Francisco was fourth on the list with 38 attacks.

State Farm Insurance also ranked California as the state with the highest number of dog bite claims in 2012 with 451. Together, these claims resulted in an estimated $17.1 million in payouts to victims in California.

The Postal Service has encouraged pet owners to enroll their dogs in obedience training. Furthermore, dog owners should have a way to restrain or cloister their dogs when a mail carrier or other visitor comes by the house. This can include keeping the dog securely tied up outside at a safe distance away or keeping the dog in the house in a separate room when someone comes to the front door.

If you own a dog, please use this week to make sure that your pet is never put in a position to attack a human. And if you or a loved one has been the victim of a vicious dog attack, you may wish to speak with an experienced personal injury attorney.

Source: U.S. Postal Service, “Postal Service Releases Top Dog Attack City Rankings,” press release, May 15, 2013

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