Month: February 2017

Now that the busy holiday season is in full swing, you may have noticed a lot more traffic than usual. As people rush to buy gifts and attend holiday parties, streets in the Bay Area are busier these days.

Of course, drivers with Christmas to-dos on their mind are often distracted, making car accidents more likely. In today’s post, we’ll discuss some things to keep in mind if you are involved in a crash that may have been caused by another driver’s negligence.

No matter how the accident occurred, your first responsibility is to ensure that you and all other parties involved are in stable medical condition or are receiving medical attention. If you can help it, you should avoid saying “I’m OK,” unless you qualify it with “at the moment.” You may have injuries that have not become apparent yet. If you later try to file an injury claim, the other driver or your insurance company may try to argue that you claimed to be fine right after the accident.

It’s also important to avoid admitting fault, even partial fault. This includes apologizing for the accident. The words you say (or avoid saying) in the aftermath of the crash could significantly impact your ability to seek compensation later on.

Once you determine that everyone is stable, you should collect all the information that you can. Where and when did the accident happen? Do you have the other driver’s license plate number and insurance information? Did you call the police to get an official record of the accident? More evidence can and will be gathered later, but it is important to gather what evidence you can at the scene.

Finally, you should report the accident to your auto insurer without saying any more than necessary. Any statements suggesting you were at fault for the crash or suggesting that you are uninjured could be used against you later. Before you accept a settlement or give more details to your insurer, you may want to speak with an experienced personal injury attorney who can better explain your rights and options.

For years, high-profile companies in California have been testing and developing the technology for fully autonomous vehicles. In other words: self-driving cars. The most high-profile of these companies is Google. Many Californians in and around Silicon Valley have encountered these vehicles, which drive more courteously and safely than most humans ever could.

Because of these innovations, it has long seemed likely that California would be among the first states to fully embrace self-driving cars. But a recent proposal by the state Department of Motor Vehicles could significantly hinder these plans. The DMV recently proposed rules limiting the testing and deployment of self-driving vehicles, including a suggested requirement that “autonomous vehicle operators . . . be present inside the vehicle and be capable of taking control in the event of a technology failure or other emergency.”

To be sure, it is a good idea to have human back-ups in the driver’s seat while these vehicles are being tested. For the most part, that is precisely what Google has done. But should human drivers be a required back-up at all times, even after the technology proves to be safe? This may seem prudent, but some believe it could actually be more dangerous.

It is human nature to divert attention away from mundane tasks that we do not need to focus on. Chances are good, then, that most people won’t be paying attention to driving when they ride in a self-driving vehicle. Being asked to suddenly pay attention at a critical moment could easily result in disaster.

The merits and potential pitfalls of self-driving vehicles must be an ongoing discussion. Hopefully, it is a conversation that will continue in California throughout 2016 and beyond.

Now that the holidays are ushering their way out until next year, many Alameda County residents have made their way back to the stores from whence their gifts came, to return their items. However, as many of us know, parking lots can sometimes seem more like race tracks and as a result can be the perfect place for an accident causing injuries.

Thankfully, one insurance company has come to the rescue with suggested tips on how to avoid a parking lot accident.

The Insurance Institute for Highway Safety states that nearly 20 percent of all motor vehicle accidents occur in parking lots. Now, many accidents in parking lots are non-serious and if there are injuries, they are generally not life-threatening. However, they can be time consuming and expensive – not to mention, really frustrating!

So, what do you do if you are the one who hits a parked car? Well, even though it won’t be the highlight of your day, you should do everything that you can do to contact the owner of the vehicle. If necessary, go into the store with the license plate and description of the car and ask the store owner to attempt to locate the vehicle owner.

What if the shoe is on the other foot? Let’s face it, not everyone is going to go out of their way to let you know they smashed your car. That said, if you see that your car has been damaged, contact your insurance carrier right away to report the accident. He or she will be able to help you make sure all of the important next steps are followed.

Unfortunately, not all parking lot accidents end with an exchange of insurance information and a handshake. Sometimes, the collision causes an injury. If you are injured, make sure that you contact your medical provider right away for treatment and then, call a personal injury attorney to determine what you need to do next.

California has had more than its share of devastating bus accidents in recent years. Many of these crashes have resulted in multiple fatalities. Sadly, another fatal accident added to those statistics earlier this week.

According to news sources, a Greyhound bus traveling between Los Angeles and the Bay Area overturned on the highway in the early morning hours of January 19. The single-vehicle accident, which happened near San Jose, caused the deaths of two of the bus' 20 passengers. Other passengers and the driver suffered injuries.

Although the crash is still under investigation, there is reason to suspect that driver fatigue either caused or contributed to the accident. Some of the surviving passengers told authorities and the bus driver was noticeably tired in the hour or so leading up to the wreck. When questioned, the 58-year-old bus driver did admit to being "fatigued."

If fatigue was the cause, it certainly wouldn't be first accident of its kind. The Department of Transportation estimates that fatigue is a factor in about 3 percent of fatal crashes annually on U.S. roads. The rate is much higher for commercial drivers. In 2006 and 2007, driver fatigue was to blame for about 13 percent of bus accidents and truck accidents. Both of these statistics may be conservative, because it is not always possible to prove fatigue in the aftermath of a crash.

Commercial drivers tend to be at a higher risk for driver fatigue for a number of reasons (other than the fact that they spend more hours on the road than most other drivers). First, commercial driving often involves shift work. Working at varying hours of day and night can easily throw off a person's circadian rhythm. Even if they sleep prior to a shift, that sleep is usually less restful than if they slept at the same time each night.

Second, commercial drivers are often forced to put economic concerns ahead of safety. Most truck drivers are only paid for the miles they travel and/or the time spent behind the wheel. Any time they spend sleeping (or waiting for cargo to be loaded/unloaded) is time they don't get paid for. Bus drivers often work long shifts, and many do not have access to perks like overtime pay. Therefore, making ends meet often requires driving as many hours as possible.

Commercial vehicle accidents are too often dismissed as simply the cost of doing business. But whether the accident was caused by a negligent driver or systemic problems that contribute to fatigue, these accidents are nonetheless avoidable. And there is no excuse for allowing them to continue.

It is ironic that in an age when cars are being more safely designed than ever, we are also experiencing unprecedented dangers related to vehicle defects. In 2015, approximately 51 million vehicles in the United States were included in nearly 900 recalls. Although last year's recall rate was higher than ever before, the recall trend is becoming disturbingly common.

Another irony in the recall trend has to do with communication. At a time when Americans have up-to-the-minute information available whenever they want to search for it, a surprising number of vehicle owners are not aware that their cars have been included in a safety recall. This could be due to fatigue related to the non-stop string of recalls, however.

In an effort to boost consumer participation in the recall process, the National Highway Traffic Safety Administration recently launched a campaign called "Safe Cars Save Lives." The agency is asking all car owners to commit to checking for open recalls at least twice per year.

This has actually become rather easy to do if you have one important piece of information. Websites run by the NHTSA and other agencies allow consumers to enter their vehicle identification number (VIN) into a search tool, which then checks it against VINs provided by auto manufacturers in recall notices. The whole process only takes a minute.

Of course, remembering to do the search is the biggest obstacle. The NHTSA recommends tying it to either end of daylight savings time, which occurs in March and November.

It is more than a little frustrating to think that we have to be responsible for figuring out whether or not our vehicles have been recalled. It is a sad sign that recalls are now the rule and no longer the exception. Still, for the sake of yourself and your family, please make a commitment to check for recalls at least twice a year.

There’s no debating the fact that automobiles have become much safer in recent decades. New technologies not only make cars more fuel-efficient; they also help drivers avoid crashes. And when crashes do occur, they tend to be less fatal than they would have been in the past.

But some new automobile technologies – especially those meant to simply increase convenience – come with hidden dangers. A good example is the keyless ignition feature now available on many new cars. These systems allow the car to be turned on with the push of a button as long as the key fob is detected by sensors in the vehicle. While this technology is certainly convenient, most systems do not come equipped with automatic shut-off when the fob is no longer detected. As a result, drivers of these vehicles may be at higher risk for carbon monoxide poisoning.

According to a recent news article, there have been at least 18 confirmed deaths linked to carbon monoxide poisoning in keyless ignition vehicles. Six people were killed in this manner in 2015 alone. In many cases, cars were inadvertently left running in garage attached to victims’ homes. An unknown number of additional victims have survived, but were left with injuries that included brain damage.

The fact that keyless ignition cars can accidentally be left running was perhaps an oversight that automakers could not have predicted. But the fix should be an easy one. In fact, some believe that a software update could solve the problem in both new vehicles and ones which have already been purchased. Two proposed fixes include an auto-shut-off feature if the fob is no longer detected near the vehicle, and an audible alarm if the vehicle senses that the fob is moving away.

But here’s where the story becomes particularly frustrating. Car companies and the National Highway Traffic Safety Administration have known about this problem for years. Yet the miniscule amount of progress being made is moving at a snail’s pace. The NHTSA filed a notice of proposed rule making in December 2011. A final rule is not expected until February of 2016, and any rule passed would only apply to new vehicles.

In an attempt to solve the problem more quickly, attorneys have filed a class action lawsuit in California against 10 automakers.

Until or unless changes are made, Americans who own keyless ignition vehicles need to understand the risks they pose. Please ensure that you always turn off your vehicle before leaving it parked.