Banning some breeds won’t help prevent dog bites, president says

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

There is a reason that dogs have earned the title of “man’s best friend.” Dogs make lovable pets; and in many households, dogs are just as much a part of the family as their human counterparts. But dog ownership is a big responsibility, especially if the dog you own has shown aggressive or violent tendencies.

Dog bites and attacks are all too common, and such incidents are often at the heart of personal injury lawsuits. At times, these attacks can even be fatal. In order to prevent dog bites, communities in states around the country have enacted bans on certain breeds of dogs commonly thought to be “too violent” for ownership; particularly pit bulls. But is a breed-specific ban on dog ownership the most effective way to solve the problem? Many people don’t think so, including President Obama.

Recently, the Obama Administration released a public statement opposing laws and ordinances banning or restricting certain breeds of dogs. The statement begins by saying: “We don’t support breed-specific legislation — research shows that bans on certain types of dogs are largely ineffective and often a waste of public resources.”

To bolster its argument, the White House cited a 2000 study by the Centers for Disease Control and Prevention. After analyzing 20 years of dog-bite data from around the U.S., the CDC concluded that it’s basically impossible to calculate specific rates of dog bites by breed. Additionally, the likelihood of a given dog becoming violent is more dependent on how it was raised than what breed it belongs to.

Moreover, it’s important to remember that regardless of whether a dog has shown violent tendencies, it is up to each dog owner to make sure that their pet is properly contained on their property. Even violent dogs cannot harm passersby if they are safely chained up in the yard or fenced in.

Dog attacks are a problem in California and across the country. But rather than passing ineffective and discriminatory bans on entire breeds of dogs, we need to place blame where it truly lies: with irresponsible and negligent dog owners.

Source: Huffington Post, “Obama Comes Out Against Dog Breed-Specific Legislation, Joins The Fight For Pit Bulls,” Arin Greenwood, Aug. 20, 2013

CA authorities: hit-and-runs should not be called ‘accidents’

Posted on February 8, 2017 by wmlawyers

Most of California’s major metropolitan areas are filled with pedestrians and bicyclists as well as cars and trucks, and the Bay Area is no exception. Despite this, however, it is clear that motor vehicles rule the road.

In addition to the fact that these larger vehicles pose a threat to pedestrians and bicyclists, law enforcement agencies often fail to investigate pedestrian accidents with the same care and concern they give to auto accidents.

Some cities are working to change that. In Los Angeles, for example, city officials recently announced their intention to reduce the city’s estimated 20,000 hit-and-run accidents each year. The first step in their plan is simple but important: they want to stop referring to hit-and-run collisions as “accidents.”

This is an important change for a number of reasons. First, an injurious or fatal crash may indeed be an accident (although many are preventable). But as soon as a “hit” becomes a “hit-and-run,” it turns into a crime.

By reminding people that a hit-and-run crash is a crime, city officials are hoping to encourage more citizens to report these collisions; particularly when pedestrians and bicyclists are injured or killed.

The change is also important because if more hit-and-run crashes are reported as crimes, law enforcement agencies will face greater pressure to investigate individual incidents.

If you have been injured by a negligent hit-and-run driver, remember that you do have options for justice beyond whatever criminal charges may be filed. An experienced personal injury attorney can explain your rights and help you pursue appropriate compensation.

Source: L.A. Times, “City leaders try to change people's mind-set on L.A.'s hit-and-runs,” Ari Bloomekatz, July 26, 2013

First Toyota acceleration lawsuit goes to trial in California

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

California readers no doubt remember the Toyota “sudden unintended acceleration” scandal that dominated the news a few years ago. While the story hasn’t received much media attention lately, that may soon be changing.

Late last month, jury selection began on the first Toyota sudden acceleration lawsuit to go to trial. The lawsuit is on behalf of a California woman who was killed in an auto accident in August 2009 when her Camry crashed at high speeds on a city street.

The accident occurred in the Los Angeles suburb of Upland, California. The 66-year-old woman’s family described her as an overly cautious driver who was afraid of driving fast. On the day of the crash, she was out running errands that included grocery shopping.

According to the lawsuit, the woman was driving on a street with a 30-mph speed limit when her Camry suddenly began climbing to speeds of up to 100 mph. Witnesses on the street that day saw the woman’s brake lights flashing on and off and also heard the roar of the engine. She was able to swerve to avoid hitting other vehicles, but her car eventually went up onto the median and struck both a telephone pole and a tree.

Toyota continues to deny that its vehicles suffered from a mechanical defect that caused unintended acceleration. Instead, the automaker attributes accidents to things like driver error, sticky accelerators and floor mats that caused the gas pedal to become trapped.

It is unclear if the plaintiffs’ attorneys will try to prove that there was indeed a mechanical defect. However, they will likely focus their arguments on the fact that Toyota did not include a brake override system in its American cars that was included in those sold in Europe.

An attorney representing the woman’s husband and son commented that “Toyota decided to make safety an option instead of a standard on their vehicles. They decided to save a few bucks, and by doing so, it cost lives.”

As the first sudden acceleration lawsuit to go to trial, the outcome of this case could prove highly influential to the rulings in future cases. Hopefully, justice will prevail for all victims who suffered injury or death as a result of Toyota’s negligence.

Source: USA Today, “First Toyota sudden acceleration case to begin,” Greg Risling, July 21, 2013

Study says hands-free tech isn’t a solution to distracted driving

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

We have previously written that California has some of the most stringent anti-distracted-driving laws in the nation. The majority of states have banned texting while driving, but California is one of about a dozen states to prohibit all drivers from using handheld cellphones behind the wheel.

In order to remain in compliance with this law, drivers and auto manufacturers have turned to Bluetooth technology and voice-activated commands built right into the vehicle. Thus, the driver’s hands can stay on the wheel and their eyes can stay on the road. In theory, this should solve the problem, right? Actually, a recent study reveals that using such technology might actually be more likely to cause an auto accident than talking on a handheld cellphone.

Earlier this summer, the American Automobile Association’s Foundation for Traffic Safety published a study showing that voice-activated technology is not a safe alternative to talking on a handheld cellphone. In fact, it actually increases a driver’s mental workload and is ultimately more distracting and dangerous than having a conversation on a handheld phone.

Driving distractions can be broken down into three categories: visual, manual and cognitive. In short, a distraction is anything that takes your eyes off the road, your hands off the wheel or your mind off the task of driving.

While voice-activated technology may reduce your visual and manual distractions, it greatly increases cognitive distractions. Performing hands-free tasks such as sending a voice-activated email or text requires much more concentration than simply talking on a handheld phone.

Therefore, using voice-activated technology may cause “inattention blindness.” This means that you are seeing the road in front of you but not actually processing or paying attention to what you see.

It is important to remember that hands-free is not equal to risk-free. In light of this, a distracted driver who causes a car accident cannot necessarily escape liability just because they were using a hands-free device.

If you or a loved one were seriously injured by a distracted driver (of any sort), you may wish to speak to an experienced personal injury attorney who can help you understand your rights and options.

Source: TheDay.com, “AAA study: When driving, hands-free does not equal risk-free,” Izaskun E. Larrañeta, June 13, 2013

The costs of drunk driving accidents are too high to calculate

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

Americans have a love affair with alcohol. We associate it with nearly every major holiday and celebration; we drink it while watching sports; and social rituals surrounding drinking are almost too numerous to count.

For the most part, enjoyment of alcohol is just fine. Many of us can drink in moderation and make beer, wine and liquor part of an event rather than the event itself. But binge drinking is another story. It leads to all kinds of serious economic and non-economic consequences. In fact, the Centers for Disease Control and Prevention recently released a report showing that in 2006 alone, excessive drinking cost the U.S. $223.5 billion. That amounts to a median cost of $2.9 billion per state; a figure which was almost certainly higher here in California.

In order to tally the economic consequences of binge drinking, the CDC focused on things like lost productivity, health costs, property damage and criminal justice expenses. Why is this all relevant to a personal injury blog, you ask? That can be answered in three words: drunk driving accidents.

Drunk drivers are undoubtedly a significant portion of that $223.5 billion in annual costs. They damage vehicles, which drives up auto insurance rates. They cause injuries to themselves and others, which increases health insurance premiums and can also result in massive out-of-pocket medical costs.

Those charged with driving under the influence also put a huge financial strain on the legal system; especially those who rack up multiple DUI offenses.

But drunk drivers cause more than just economic damages. They kill and permanently disable innocent people. You can’t quantify in dollars and cents the costs of shattered lives and broken families.

You can’t put a price tag on the grief of losing a loved one. But you can nonetheless hold drunk drivers responsible for the consequences of their negligent and selfish actions. In addition to seeking criminal charges against drunk drivers, many victims and their families choose to pursue personal injury and wrongful death lawsuits.

Source: ModernHealthcare.com, “Annual cost of excessive drinking $223.5B, CDC says,” Steven Ross Johnson, Aug. 13, 2013

Elderly drivers increase while teen drivers drop, study says

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

There are good and bad drivers in every age group. Statistically speaking, however, the two age groups that are most dangerous behind the wheel are teenagers and elderly motorists. Teenagers tend to be more likely to be involved in car accidents due to inexperience and age-related traits like impulsivity.

On the other hand, older drivers often have a lot of experience but tend to suffer from age-related maladies including failing eyesight and slower reaction times. The results of a recent study highlight trends among both of these groups that could affect auto accident rates here in California and across the country.

A recent study from the University of Michigan found that since 1983, the rate of elderly drivers has increased significantly while the rate of drivers who get their license at age 16 has declined. In 1983, only 55 percent of Americans age 70 or older continued to drive. Today, about 78 percent of Americans in this age group still have their driver’s license.

The study also showed that fewer teenagers than in the past are opting to get their license as soon as they become eligible. In 1983, about 50 percent of 16-year-olds had their driver’s license. Today, the rate of licensure among 16-year-olds has dropped to approximately 31 percent.

Neither of these statistics are predictive in and of themselves. That is to say, the car accident rate won’t necessarily skyrocket simply because there are more elderly drivers on the road. However, the trend among teen drivers does have some safety advocates concerned.

The majority of states require teen drivers to participate in a graduated driver licensing program. While each state has slightly different GDL requirements, these laws initially restrict the freedoms of newly licensed teens and then relax those restrictions as they gain experience.

But those who wait to get their license until they turn 18 do not always participate in a GDL program. This means that although they are not significantly older or any more experienced than 16-year-olds, they won’t get to take advantage of the safety net provided by GDL laws.

If the trend among teen motorists continues, states will hopefully respond by changing GDL requirements to apply to a wider age group of newly licensed drivers.

Source: WKYT.com, “Study shows increase in elderly drivers,” Aug. 26, 2013

Man dies in car accident while sleep-driving on Ambien

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

We have previously written about the growing public awareness surrounding prescription drugs and how they can impair driving ability. One of the drugs most associated with this problem is the sleep aid Ambien. Earlier this year, the Food and Drug Administration warned Americans that many people who take Ambien to fall asleep at night may still be too groggy to drive safely the next morning. This increases their likelihood of causing an auto accident.

There are also rare but serious cases in which people engage in activities during Ambien-induced sleep that go far beyond sleep-walking. Some reported activities include eating, having sex and even driving.

A fatal car accident that the took the life of a North Carolina man in May of this year appears to have been caused by an episode of sleep-driving. According to a news interview with his daughter, the man was prescribed Ambien to help him with insomnia caused by grief over the recent death of his wife.

The woman told reporters that as she was painting his upstairs bathroom one night, she heard her father call up the stairs to her. He was asking her where his car keys were. She told him and he left the house without saying anything else. What she didn’t realize is that he had been asleep during their brief conversation.

The man drove for seven miles, asleep in his pajamas behind the wheel. He eventually came to a bend in the road but continued driving straight ahead. He was killed when his car struck a tree and burst into flames.

A toxicology report revealed that in addition to Ambien, the man had also taken the painkiller hydrocodone. Mixing the two drugs may be partially to blame for his sleep-driving episode, but it is unclear what role drug interaction played.

Health professionals say that patients should be carefully evaluated before being prescribed Ambien or other drugs for insomnia. Additionally, it’s important to closely monitor a loved one who takes sleeping aids to make sure they don’t suffer from these rare but serious side effects.

Sadly, this man’s family learned that valuable lesson a little too late.

Source: WRAL.com, “Franklin family spreads warning about sleep aids, side effects,” Sept. 9, 2013

Many dangerous factors in play during fatal Bay-Area bike crash

Posted on February 8, 2017 by wmlawyers

Here in the Bay Area, cars, bicyclists and pedestrians often need to share the same crowded streets. Unfortunately, motorists tend to have the final say when a given intersection is disputed. This, of course, results in a many bike and pedestrian accidents in Oakland and nearby cities.

But when such an accident occurs, it is not always immediately clear who or what is to blame. Does fault lie with the driver, the bicyclist or the intersection itself?

A fatal bicycle accident earlier this month in Woodside shows that blame for a crash is not always easy to determine. News sources say a 50-year-old woman was riding her bike down a steep hill with several sharp curves when she was struck and killed by a minivan. The 22-year-old driver of the van was making a turn toward the bicyclist's lane just as the bicyclist rounded a curve and came into view.

This collision occurred in the exact same spot where a similar fatal accident took place just two years ago. In that crash, a car struck a motorcyclist. A floral memorial still marks the spot.

Commenting on the recent accident, a woman who lives in the neighborhood said: "It's a very blind curve and bicycles come flying around that corner, and right before the corner there's a turn on Elk Tree Road and sometimes things happen too fast. People are driving 45 miles per hour on the road and there's no place for a bicycle to go."

The area is a popular place for bicyclists to ride. Therefore, the driver of the van arguably should have known to be extra cautious when traveling in the area. On the other hand, bicyclists also have their part to play in making sure that drivers can see them.

Yet another factor to consider is the area itself. A steep, curvy hill that doesn't allow drivers and bicyclists to see each other from a distance is a recipe for disaster. As such, the city should be doing all it can to make intersections in the area as safe as possible. This could include posting more warning signage, traffic lights and stop/yield signs.

After an injurious or fatal accident, victims and their families may not know exactly who to hold accountable. That's one reason why they need the help of an experienced personal injury attorney, who can help reconstruct the accident details and carefully assess liability.

Source: KGO-TV San Francisco, “Bicyclist killed in crash with minivan in Woodside,” Vic Lee, Sept. 18, 2013

What’s the best approach to reducing distracted driving rates?

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

Safety advocates and government regulators have been wrestling with one important question for quite some time: how can we reduce distracted driving on American roads? There is certainly the legal approach. California has some of the most comprehensive anti-distracted-driving laws in the nation.

There is also the technological approach. App makers and tech innovators are constantly introducing products that make it harder for drivers to use their cellphones behind the wheel. The only approach remaining is one that many seem skeptical about: public awareness and education.

A recent conference of the Governors Highway Safety Association included a panel discussion on the pros and cons of technology used on the road. Naturally, the problem of auto accidents caused by distracted driving was central to this discussion.

Researchers on the panel seemed to agree that while tech solutions and stringent enforcement of laws are both necessary, distracted driving will continue to be a major problem until or unless we can change the culture.

One panel member noted that “You can’t really talk about distraction and technology without considering the social context in which it happens because the social influences have always pushed bad behavior, even if you have good technology.”

Previous public awareness campaigns have arguably been effective, including the 1980s campaign to change public opinion on the use of seatbelts and the ongoing campaign to discourage Americans from drinking and driving. Some people still forget/refuse to buckle up and drunk driving is still a problem, but the majority of Americans now choose to buckle up and to drive sober.

On the other hand, most of the public already realizes that texting and other forms of distracted driving are dangerous. Yet the problem seems to be getting worse rather than better. Is distracted driving an issue we can solve through public awareness and safety campaigns? What do readers think?

Source: Huffington Post, “To Fix Distracted Driving, Experts Say Target The People, Not The Tech,” Bianca Bosker, Aug. 27, 2013

Car seat installation issues plague child safety efforts

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

Properly restraining children in age-appropriate car seats is critical to ensuring their safety during travel. However, child car seats have become so complex, heavy and difficult to install that many parents are unknowingly placing their sons and daughters in danger by installing them incorrectly. In other cases, parents become so frustrated with the complexity of newer seats that they choose to install older and less-safe seats instead.

It is vitally important for parents to purchase new, federally approved seats and seek assistance when installing them. Failure to do so could lead to preventable injury. When a young boy or girl is involved in an accident and must recover from serious injury suffered during childhood, the consequences of that injury may last a lifetime. Injury prevention through proper car seat installation is key to avoiding lifelong physical impairments as a result of accident-related injuries.

Many car dealerships, firefighter units, police stations and other community partners offer free car seat installation checks and assistance. Parents should seek out these resources each time their children grow into a new child safety seat. Federal statistics indicate that more children under the age of 13 die as a result of motor vehicle accidents than from any other cause. Taking the time to install car seats properly is therefore critical.

Parents who are skeptical that they might need such assistance should think twice. According to the National Highway Traffic Safety Administration, out of every four child safety seats installed in vehicles registered in the U.S., three are installed incorrectly and pose a safety hazard to the children that ride in them.

Source: New York Times, “Strapped In, but Still at Risk,” Stephanie Steinberg and Bill Vlasic, Oct. 11, 2013