How to prevent child swimming deaths and injuries this summer

Posted on February 8, 2017 by wmlawyers

Now that summer is in full swing, a lot of Oakland residents will be out enjoying the nice weather. If you own a pool, this probably means swimming with the kids and perhaps inviting the neighbors over for a pool party.

But as a pool owner, you also need to be aware of the serious responsibility that comes with this amenity on your property. Each year in the United States, 390 children drown and another 5,100 suffer serious injuries related to pools and spas. Many of these deaths and injuries could be prevented with proper adult supervision.

These statistics were recently released by the U.S. Consumer Product Safety Commission, which just announced its “Pool Safely” campaign. According to the CPSC, most of the 390 children who drown each year are younger than five years old. And all of the 5,100 children who suffer pool and spa-related injuries are under the age of 15.

Other statistics show that pool and spa hazards are especially prevalent here in California. According to the U.S. Swimming report, California was among the top three states in the nation last year with the highest number of pool and spa deaths among children aged 14 and younger.

If you have children, please make sure that they take swimming lessons before they are allowed to swim on their own. And even if they are trained, it is always a good idea to have a lifeguard or adult there to supervise.

And if you own a pool, make sure that you make safety a top priority with guests as well as with your own family. Pool and spa owners who do not make sure their property is safe and well monitored may find themselves liable in a premises liability lawsuit.

Source: ABC15.com, “390 kids drown in US pools each year, reports find,” Silvia Rodriguez, May 23, 2013

New report highlights serious pedestrian dangers in the Bay Area

Posted on February 8, 2017 by wmlawyers

We often write about the dangers of car accidents, but have you ever tried to cross a busy street in the Bay Area? It's practically a game of Russian Roulette. Oakland and other Bay cities primarily have streets that were designed with only the needs or motorists in mind.

That's why pedestrian accidents are so frequent and fatal in this part of California. A recent in-depth article published by the Center for Investigative Reporting (CIR) talks about why the Bay Area is among the most dangerous places to be a pedestrian in the country.

The CIR investigation found that between 2007 and 2011, there were 434 pedestrian fatalities in the Bay Area. The most dangerous types of roads for pedestrians are multi-lane thoroughfares with a speed limit of 35 mph or higher. Sound familiar? Our five largest counties are full of streets like this.

Another major hazard comes from crosswalks that are poorly marked and poorly timed. Many crosswalks are marked only by painted lines on the street. In many cases, the paint is fading and hasn't been re-applied. Crosswalks often lack flashing lights, signs and other signals to warn drivers about the presence of pedestrians.

Of the 434 pedestrians who died during that five-year period, more than a third were hit while in legal crossing spots. The Bay Area's death rate for this scenario is three times the national average.

Finally, the CIR report noted that some crosswalks in the area are not timed in accordance with federal standards. This causes two hazards. First, pedestrians using the crosswalk are often stuck in the middle of the street when the lights change because the crossing signal didn't last long enough to allow them to cross. Second, short signals likely encourage jaywalking, because pedestrians realize that crosswalks aren't very helpful.

Sometimes, negligent and inattentive drivers are the cause of pedestrian accidents. Other times, the roads and intersections themselves are designed dangerously. There are even times when both issues are a factor. The bottom line is that pedestrians have rights and they need to be respected.

If you or a loved one were seriously injured or killed in pedestrian accident, an experienced personal injury attorney can help you seek compensation from the at-fault parties.

Source: Center for Investigative Reporting, "Car is king in street design, to detriment of pedestrians," Zusha Elinson, Apr. 30, 2013

NHTSA wants to tailor safety ratings for crashworthiness

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

While there is no accounting for small preferences like color or souped-up speakers, most Americans are looking for the same things when buying a new car. Chief among these is safety. It doesn’t matter how cool a car looks if it doesn’t protect you during a crash.

Auto manufacturers and government regulators put new vehicles through rigorous safety testing. But since we are not all the same size and shape, we might not all fare the same in an Oakland auto accident. For instance, very young children and the elderly have different safety needs than average adults in relatively good physical condition. For this reason, the National Highway Traffic Safety Administration wants to add two more categories to its New Car Assessment Program (NCAP).

The NHTSA’s proposed “silver” rating would help older drivers choose a car based on their unique safety needs. Approximately 16 percent of U.S. drivers today are 65 or older. By the year 2025, that figure is expected to rise to 20 percent. Elderly drivers are less able to withstand crash forces than younger drivers are, which is why older drivers have the highest death rate in serious accidents.

Unfortunately, there may not be any uniform safety features that would apply to all older drivers equally. That’s why the future of safety features for elderly drivers might be options that compensate for specific health problems, such as arthritis.

The NHTSA also wants to add a “families” rating to its assessment program. The ratings would largely be based on how well a given vehicle protects back-seat passengers in addition to those riding in the front. Because children most often ride in the back of a vehicle, this new safety rating could be a huge selling point for parents shopping for a new family vehicle.

As long as there are cars, there will likely be car crashes. Thankfully, though, targeted efforts by the NHTSA and others have led to new technologies which have made crashes not only more avoidable, but also more survivable.

Source: Washington Post, “NHTSA Proposes Older Driver, Family Vehicle Safety Ratings,” Suzanne Kane, Apr. 9, 2013

Aggressive, fast driving causes many Oakland accidents

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

You hear a lot about distracted driving causing accidents, and it’s true that texting and other forms of distraction are responsible for many motorist injuries and deaths. Aggressive driving, on the other hand, does not receive as much attention, but can be just as deadly.

When you’re driving down an Oakland highway with traffic flowing freely, try driving the speed limit; you’ll probably find that just about every other driver is whizzing by you. The National Highway Traffic Safety Administration reports that speeding is a contributing factor in nearly a third of the fatal accidents that occur on our nation’s roads.

Of course, speeding is not the only dangerous behavior some drivers engage in. Aggressive driving behaviors like following too closely or making improper lane changes can also cause or contribute to accidents.

Aggressive driving is neither highly policed nor highly publicized, but it has the potential to cause great harm. Speeding causes drivers to have less reaction time to try to avoid accidents, and also increases the energy in a car crash, potentially leading to more serious injuries or even causing deaths. Likewise, following closely leaves little time for drivers to react to unexpected conditions, and cutting people off can be alarming and dangerous for other drivers.

If a driver causes a car accident through aggressive driving, victims may be able to hold the driver or his or her insurer accountable for resulting damages. Driving safely is not just a matter of common courtesy, it is a duty of everyone who operates a motor vehicle.

Source: The Oakland Press, Oakland County police agencies targeting aggressive drivers along I-75, John Turk, June 12, 2013

Bay Area board passes pedestrian safety proposal

Posted on February 8, 2017 by wmlawyers

In 2012 alone, approximately 1,000 pedestrians were struck by cars, trucks and motorcycles while they were traveling the streets of San Francisco. Of those 1,000 pedestrians, at least 19 were killed as a result of their injuries and others were debilitated by the accidents.

San Francisco is a green city that promotes alternatives to motor vehicle travel. Neighboring cities like Oakland tend to share similar values. However, promoting cycling, public transportation and foot traffic without adequately ensuring the safety of these kinds of travelers is irresponsible. The rate of pedestrian accidents occurring annually in the city has reached a critical point at which legislators can no longer ignore the fact that reform is necessary.

As a result, the San Francisco board of supervisors Land Use and Economic Development Committee passed a proposal earlier this month designed to address this issue properly. Among other provisions outlined in the proposal is the creation of a Street Design Review Committee that would be charged with mandates related to pedestrian-friendly reform and development. It would also require revisions to existing interpretations of the fire code aimed at increasing pedestrian safety specifically.

The full San Francisco board of supervisors is expected to vote on this proposal in the near future, possibly even within the coming week. Whether the proposal as outlined will sufficiently enable the city to reduce its pedestrian accident rate has yet to be seen. However, proposals favoring pedestrian safety in all Bay Area cities and towns may be greeted as reforms focused in the right direction.

Source: CBS San Francisco, “San Francisco Pedestrian Safety Legislation Moves Forward,” June 4, 2013

Efforts to prevent childhood injuries progressing in California

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

According to the Centers for Disease Control and Prevention, accidental injuries are the leading cause of death among Americans under the age of 20. Across the country, almost 10,000 children die from accidents every year. An additional 9 million kids are admitted to emergency departments to receive treatment for injuries.

Hospitalization rates for injuries are generally highest among those age 16 to 20. Motor vehicle accidents account for much of this trend, considering that older teens are able to drive legally, but are less experienced behind the wheel as other drivers on the road. However, California has had higher rates of hospitalization among younger children in recent years; in 2010, for example, the hospitalization rate for injuries among babies under one surpassed that of the rate for teens between the 16 and 20.

Behind motor vehicle accidents, drowning, burns and suffocation are the leading causes of fatal injuries for children and teens.

In California, initiatives have been under way over the past few years to improve safety and to reduce accidents that cause childhood injury. The CDC recommends three strategies for fighting childhood injury: environmental/engineering solutions, education and legislative initiatives.

An example of an engineering solution to childhood injuries is making more dedicated bike paths to keep children from riding their bikes in traffic. Government initiatives would be mandating child safety seats, or requiring children to wear bike helmets. Educational efforts, of course, involve teaching children how to be safe.

All three approaches have been put to work in California, and childhood injuries have been reduced in recent years. However, many children are still getting hurt – if your child is one of them, you may have a legal claim.

Source: Lompoc Record, Minimizing childhood injuries, Steve McDowell, June 27, 2013

FDA says allergy meds could lead to drowsy driving car accidents

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

Because California has pretty good weather all year, many Californians won’t notice much of a shift between spring and summer. Unless, of course, you’re among the large group of California residents who suffer from seasonal allergies. If so, you probably can’t help but notice that summer is in the air as well as in your sinuses.

Since this is a personal injury blog, you might be wondering what allergies have to do with things like auto accidents? Well, one possible connection could be that a sneezing fit behind the wheel might send you right off the road. But a more clear and present danger actually comes from the medications you take to control your seasonal allergies.

The Food and Drug Administration recently issued a reminder to allergy sufferers who take antihistamines that these drugs can cause drowsiness, haziness, mild confusion and slowed reaction time. Those who experience these symptoms behind the wheel are obviously at a higher risk of a car accident.

Consider this: one of the most popular antihistamines, called diphenhydramine, is sold commercially as Benadryl. It can cause such a feeling of drowsiness that hospitals sometimes give it to patients who have trouble falling asleep.

If you have suffered from seasonal allergies for several years, you have probably found a medication that works well without unintended side effects such as drowsiness. If you ever run out and temporarily need to switch brands or medications, pharmacists strongly urge that you read labels carefully. Products could look similar but have very different doses of the active ingredient.

On one hand, it seems kind of silly to be worrying about allergy medicine and how it could affect our driving. On the other hand, impairment isn’t something to be trifled with. Most of us would never dream of getting behind the wheel while drunk, yet drowsy driving can be nearly as dangerous.

In the end, it’s best not to risk it. Please take time to educate yourself about the medications you take and how they may affect you.

Source: CBS News, “FDA: Allergy medications may make you too drowsy to drive,” Ryan Jaslow, June 1, 2013

Awe turns to panic when fireworks fall into Simi Valley crowd

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

Citizens and tourists alike were invited to fireworks displays that were put on across the nation this past Independence Day holiday and following weekend. These ranged from small events on private property to huge gatherings on public land, but every single one of these events had more in common than just the exploding lights.

Each property owner had a duty to those that they invited onto their premises. That duty was one of reasonable care to help keep their guests safe from injury. Officials in Simi Valley are investigating whether or not this duty was broken at a fireworks show this Fourth of July.

Guests waited in anticipation at the Simi Valley Rotary Club for the fireworks that would prompt a chorus of ooohs and aaahs from the crowd that was estimated to be somewhere between 8,000 and 10,000. But that excited anticipation quickly turned into panic when everything went wrong and fireworks fell into the crowd.

When the smoke cleared, it was determined that a minimum of 35 people were injured. Injuries ranged from minor shrapnel wounds to much more serious burn injuries suffered by all ages from infants to the elderly. Some even reported avoiding injury from the explosion but experiencing severe trauma from fleeing watchers.

The California Occupational Safety and Health Administration will be assisting with the investigation. The final report has not been released, but investigators have announced their suspicions that the problem may have lied with an unsafe launching station that toppled over during the show and changed the tragectory of the explosives.

Source: Reuters, “California fireworks accident hurts dozens, probe underway,” Alex Dobuzinskis, July 5, 2013

DUI arrests on the rise in LA County

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

Summertime is one of the most dangerous times to be out on California’s roads, and the Fourth of July holiday weekend is actually one of the deadliest times to be out there. This is, in part, due to an increased number of people drinking and driving during the summer and over the holiday.

Law enforcement agencies in California have continued to crack down on drunk driving in an effort to prevent car accidents. In fact, our state leads the nation when it comes to sobriety checkpoints. Additionally, California is currently experiencing a decline in drunk driving fatalities, which is great news.

Over the Fourth of July holiday weekend, authorities in LA County made a whopping 43 percent more arrests this year than they did last year. About 490 people were arrested on suspicion of DUI this year, while only 343 were arrested last year.

It is good to see our law enforcement agencies working hard to keep drunk drivers off of the roads before they injure, or even kill, someone in a car accident.

When drunk drivers do cause car accidents in California, they can be held responsible both criminally and civilly. The criminal process is handled by the police and the state, while victims and their families are in charge of the civil process. The civil process allows victims to recover compensation for medical expenses and other damages caused by the accident.

Those who are injured in an Oakland drunk driving car accident may wish to seek legal counsel in order to pursue civil action.

Source: NBC Southern California, “LA County July 4 DUI Arrests Jump More Than 40 Percent,” Jason Kandel, July 8, 2013

What role do pedestrians play in distraction-related accidents?

Posted on February 8, 2017 by wmlawyers

We have previously written about the dangers of being a pedestrian in Oakland and neighboring cities. Many of the streets in the Bay Area were designed solely with automobile traffic in mind, thus making them unfriendly to pedestrians at best and deadly at worst.

Poorly timed lights and crosswalk signals, very wide streets and high speed limits are all factors that make pedestrian accidents more likely. Beyond that, however, there is also the component of individual responsibility. In a busy city like Oakland, for example, both drivers and pedestrians need to realize how their inattention could put themselves and others at risk.

Many studies have confirmed that distracted driving is dangerous, but what about distracted walking? Yes – it does exist, and it's a bigger problem than most people realize. According to one study, about a third of pedestrians don't even look up from their phones when crossing busy streets.

And texting is not the only issue. Talking on a cellphone can be dangerous for pedestrians, too. Researchers at Ohio State University studied car/pedestrian accident data from incidents that occurred between 2004 and 2010. Of the distraction-related injuries that occurred during this time, 69.5 percent were attributed to talking on a cellphone.

In any major city, interaction between automobiles and pedestrians is inevitable. And when distraction is thrown into this already chaotic mix, the risk of injuries and fatalities climbs sharply. That's why every traveler – driver and pedestrian alike – needs to understand that safety doesn't just happen. It must be a continual and conscious choice.

Source: The Atlantic, "Study: 'Distracted Walking' Causes More Injuries Than Distracted Driving," Lindsay Abrams, June 20, 2013