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Google reports first accident caused by self-driving car

So far, the "Google car" has enjoyed a seemingly impossible safety record. The company was long able to boast that its self-driving cars had never caused an accident while the software was in control. The only accidents caused by Google's vehicles occurred when humans had taken over.

Unfortunately, that no longer seems to be the case. According to Google, one of its autonomous vehicles recently caused a minor accident during road testing in Mountain View. The car reportedly tried to change lanes, and in doing so, sideswiped a public bus in a very-low-speed collision (just 2 mph). Although the accident was minor, it nonetheless raises concerns about the future of self-driving vehicles.

The accident seems to have been an issue of competing safety priorities. Google said that the vehicle sensed sand bags that had been placed around a storm drain, and changed lanes in response. It is unclear why the vehicle did not detect the bus as it moved over.

Although human drivers have a horrendous safety record, most would have no difficultly interpreting and responding to situations like this. It is unclear if computers can be programmed to make these higher-level judgments (even though they may be more reliable than human drivers most of the time). Google has taken the minor accident as a learning opportunity, saying that it was "a tricky set of circumstances that’s helped us improve an important skill for navigating similar roads."

No one yet knows how self-driving or partially self-driving vehicles will impact road safety overall. In the meantime, incidents like this car accident will provide researchers with valuable information.

Nine injured in train derailment east of San Francisco

Train travel is a relatively popular form of transportation across California, including here in the Bay Area. Whether using light rail to commute to and from work or more traditional trains to travel throughout the state, trains can be a good alternative to the congestion of automobile travel.

Unfortunately, when train accidents occur, they can be devastating. A single train accident often results in more injuries (and a higher likelihood of fatalities) than a comparable car accident. Earlier this week, Californians were given a grim reminder of the dangers trains sometimes encounter.

On Monday evening, a commuter train in Northern California derailed in a location about 45 miles east of San Francisco, sending its lead car into a creek. Of the 214 passengers aboard the Altamont Corridor Express train, nine suffered injuries.

According to news reports, the derailment occurred when the train struck a tree that was on the tracks. A mudslide appears to be what left the tree there in the first place.

Perhaps the most harrowing aspect of this accident was that the train's lead car plunged into Alameda Creek. Emergency responders reportedly "battled currents throughout the night to pull people from the car."

As far as train accidents go, the derailment earlier this week was a relatively minor incident. It could have been far worse. But even when train accidents are minor, injured passengers can be left with expensive medical bills and long periods of recovery, both of which have financial consequences. In such cases, they may wish to speak to an experienced personal injury attorney about their rights and legal options.

California car accident statistics

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California is the nation's most populous state. Visitors and residents alike are drawn to the Golden State for its spectacular scenery and attractions.

Unfortunately, California's popularity and population density contribute to the high number of motor vehicle accidents that occur here. Let's take a look at some auto accident statistics.

Accident Frequency

California's fatal motor vehicle accident frequency is .92 deaths per 100 million vehicle miles traveled. There are 7.9 fatalities per 100,000 population.

Auto Collisions

In 2014, there were 162,711 auto collisions resulting in injuries:

  • 49,388 were caused by speed
  • 11, 472 were caused by drunk driving
  • 2,473 were caused by trucks

In 2014, a total of 230,853 individuals were injured in auto accidents.

  • 173,305 were vehicle occupants
  • 13,147 were pedestrians
  • 13,038 were bicyclists
  • 12,372 were motorcyclists
  • 68 were riding mopeds

Fatal Crashes

In 2014, there were 2,878 auto collisions resulting in fatalities.

  • 482 were caused by drunk driving
  • 455 were caused by speed
  • 70 were caused by trucks

In 2014, a total of 3,121 people were killed in motor vehicle-related crashes:

  • 1,604 were vehicle occupants
  • 753 were pedestrians
  • 516 were motorcyclists
  • 142 were bicyclists

Counties With The Highest Number Of Auto Accident-Related Fatalities

In 2015, a total of 3,176 individuals were killed in motor vehicle accidents across the state. The counties with the most auto accident fatalities are as follows:

  • Los Angeles County: 584
  • San Bernardino County: 242
  • Riverside County: 232
  • San Diego County: 232
  • Orange County: 162

These statistics were gathered from the Insurance Institute for Highway Safety Highway Loss Data Institute, the California Department of Motor Vehicles and the National Highway Traffic Safety Administration websites.

Free consultation: For personal injury accident representation across California, call the law firm of Winer, Burritt & Tillis LLP, at 800-652-6137 for a free consultation.

Just how dangerous is distracted driving?

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Most people are aware that distracted driving is dangerous. But not everyone knows just how dangerous it actually is.

Worse yet, many who understand the dangers of distracted driving continue to engage in risky driving behavior.

What is distracted driving? Generally speaking, distracted driving is any activity that takes a driver's attention off of the road. Distracted driving can include:

  • Talking on a cell phone while driving
  • Texting while driving
  • Using an app while driving
  • Using a GPS while driving
  • Taking videos while driving
  • Eating while driving
  • Adjusting the radio dial while driving

Let's take a look at some statistics about distracted driving:

According to the U.S. government website for distracted driving and End Distracted Driving:

  • Texting while driving: On average, a driver who is texting while driving takes his or her eyes off of the road for 5 seconds. When traveling at 55 miles per hour, that is enough time to cover the distance of a football field – without looking at the road.
  • Total number of accidents: A total of 3,179 people were killed – and another 431,000 were injured – in distracted driving-related accidents in 2014.
  • Young drivers: The age group with the highest proportion of accidents caused by distracted driving is 15 through 19.
  • Accident likelihood: Drivers who are talking on a cell phone while driving are 4 times more likely to be involved in a traffic accident. Drivers who are texting while driving are 8 times more likely to be involved in a traffic accident.
  • Similar to drunk driving: Talking on a cell phone while driving impairs a driver similar to how a drunk driver is impaired by alcohol.

These frightening statistics illustrate just how dangerous distracted driving really is. It is important for all drivers to pay attention behind the wheel and eliminate distractions. By doing so, we all can play a part in making our roads and highways safer.

The law firm of Winer, Burritt & Tillis LLP, represent people who have been injured in distracted driving accidents. For a free consultation with an attorney, call 800-652-6137.

Whose insurance covers Uber, Lyft, and other rideshare accidents?

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Uber, Lyft, and other app-based rideshare companies continue to rise in popularity.

Many passengers cite cost, convenience, and flexibility as reasons they prefer ridesharing to traditional taxi use.

One thing most passengers do not think about – until it becomes necessary – is the issue of liability in the event of an accident. What happens when a driver gets in an accident when passengers are in the car? Whose insurance covers the accident? Here's the protocol, in a nutshell:

  • Uber and Lyft drivers are required to have their own auto insurance. This insurance applies when they are driving without the app on.
  • Different insurance coverages apply depending on what stage of a passenger pick-up the driver is in. The driver is covered by a lower amount of liability insurance when the app is on but there is no passenger in the car.
  • When a driver is en route to picking up a passenger, and when a passenger is in the vehicle, a higher amount of insurance applies.

Insurance coverage may vary depending on what driver was at fault and many other factors. It is important to thoroughly investigate every accident case and explore all insurance coverage options.

If you have been injured in an Uber, Lyft or other rideshare company accident, you may wish to speak to a personal injury attorney about your legal options. While you may be offered a quick settlement by the insurance company, it is important to ensure that your financial needs are adequately met.

Learn more by scheduling a free consultation with an attorney from Winer, Burritt & Tillis LLP. Call us at 800-652-6137.

5 Shocking drunk driver statistics

Shocking Drinking and Driving Dangers

What comes to mind when you think of the “average” drunk driver? While this answer will vary from person to person, there are many stereotypes: college students, people leaving a sporting event, bar patrons at closing time, etc.

Alcoholic.org surveyed 2,000 Americans about their drinking and driving habits. The results of the survey are eye-opening. Let’s take a look at some of them:

  • Age group with the most drunk drivers: The age group with the most respondents admitting to drunk driving was 35 to 51. The age group with the least number of respondents admitting to drunk driving was 70 or older.
  • Men or women? Of respondents, 45 percent of men and 35 percent of women admitted to drunk driving.
  • Regional drunk drivers: The area of the United States with the most respondents admitting to drunk driving was the Midwest, with 41.59 percent. In the west, 34.61 percent of respondents admitted to drunk driving.
  • Number of drinks a week: Of respondents admitting to drunk driving, the average number of drinks consumed each week was 1 to 4.
  • Driving with passengers: Do passengers make a difference in whether or not a person chooses to drink and drive? According to this survey, 51.17 percent of respondents stated that yes, having passengers very much affects the decision of whether to drink and drive: 22.17 percent replied “somewhat”, and 26.66 percent replied “not at all”.

No matter how you cut it, drunk driving is dangerous. If you or someone close to you has been injured by a drunk driver in a car accident, talk to a lawyer from Winer, Burritt & Tillis LLP.

Get a free consultation by calling our Oakland Personal Injury Attorneys at (510) 433-1000.

What are the top 10 causes of car accidents in California?

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The more we know about the causes of car accidents, the more we can do to prevent them.

According to the Statewide Integrated Traffic Records System (SWITRS), a database that collects and processes collision scene data, the most common causes of car accidents in California in 2013 were:

  1. Unsafe speed: 48,050 injuries, 436 deaths
  2. Automobile right-of-way issues: 24,247 injuries, 215 deaths
  3. Improper turning: 21,863 injuries, 544 deaths
  4. Traffic signals and signs: 12,494 injuries, 138 deaths
  5. Bicycling or driving under the influence of alcohol or drugs: 11,861 injuries, 568 deaths
  6. Unsafe lane changes: 6,521 injuries, 56 deaths
  7. Wrong side of the road: 5,257 injuries, 129 deaths
  8. Pedestrian right-of-way: 4,199 injuries, 97 deaths
  9. Pedestrian violation: 3,796 injuries, 432 deaths
  10. Following too closely: 3,587 injuries, 3 deaths

See all 2013 primary collision factor data.

When an accident is caused by another driver's negligent or reckless actions, the victim(s) may have legal options. Compensation may be available to cover all accident-related expenses, such as medical bills and lost wages.

Working with a personal injury attorney is advisable for individuals seeking to recover compensation following a car accident.

Free consultation: If you have been injured in a car accident and wish to speak to a personal injury lawyer, please call Winer, Burritt & Tillis LLP, at 800-652-6137.

No recovery, no fee: You owe us no attorney fees unless we successfully recover compensation on your behalf.

Can a municipality be sued for injury or death?

The city of Oakland faces wrongful death lawsuit over decayed tree that led to teen's death

Public bodies and public employees do not have blanket immunity from lawsuits. Under California tort law, it is sometimes possible to hold local government entities liable for negligence or intentional acts.

A family is suing the city of Oakland for the wrongful death of their teenage son. Jack Lewis died in December 2015 from head trauma when a tree branch he was climbing in a city park broke and landed on him. Had he merely fallen from the tree, there might be no case. The lawsuit contends the city is legally responsible because it knew the tree was dangerously decayed and failed to act.

Are you thinking about suing a public entity? The procedures are specific and the deadline is quick. Get legal counsel right away from a law firm with experience in such cases.

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Yes, you can sue a government entity

The California Tort Claims Act (Govt. Code Div. 3.6) sets out specific criteria for suing a city, county, school district or other local government body. A public entity may be liable for injury resulting from acts or omission of a public employee within the scope of his or her employment.

In the Oakland wrongful death case, the lawsuit contends that city workers had inspected and performed maintenance on the tree in question. In addition to removing dead limbs from the top of the tree, they had marked a blue dot on the tree indicating that it was dead or dying and should be removed. Oakland's own policy is that trees posing a safety hazard be cut down and removed within 24 hours. The lawsuit contends that the city failed to heed its policy or warn the public.

Before any action was taken, 16-year-old Jack Lewis climbed the tree to join a group of friends to watch the sunset. The branch was approximately 12 inches in diameter – plenty thick for a healthy tree limb to support several people. But evidence shows the branch was decaying, sending the teens tumbling when it split and tragically fracturing Jack's skull.

Time is very critical when suing a public entity

Per California statute, you must notify the governmental body within six months of the injury or death of your intent to file a claim. Failure to give notice before the deadline may nullify your right to pursue damages. At a minimum it creates a significant legal hurdle to get an exception from the court. Do not wait until the last minute.

There is more to filing a claim than simply saying "I want to sue." An experienced personal injury lawyer can gauge the merits of your case, the specific legal basis for your claim, the likelihood of winning compensation and all parties who may be liable.

Other examples of when a public agency could be liable

Every case is unique and dependent upon the facts. In general, the negligence (act or omission) must relate to the job duties of a public employee. For example, you might have a case against the city, county or school for:

  • Dangerous condition of public property causing a slip-and-fall
  • Road defect or construction hazard contributing to a car accident
  • Mugging or sexual assault resulting from inadequate security
  • Medical malpractice at a public health clinic
  • Sexual molestation by a teacher or coach
  • Injuries involving a public transit bus or train

Let an attorney determine where you stand. Personal injury firms typically provide free consultations and represent plaintiffs on contingency – no attorney fees unless they win compensation.

Family Sues Oakland, CA over Teen’s Death from Falling Tree Branch

Winer, Burritt & Tillis LLP, is one of California's leading law firms representing victims of wrongful deaths. The parents of a 16-year-old killed by a falling tree branch contacted the firm and on December 20, 2016, the firm filed a wrongful death claim on their behalf. A wrongful death claim is a death that occurs due to another's negligence, recklessness or malice. Spouses, siblings, sons or daughters may also be allowed to file such a claim.

Winer, Burritt & Tillis LLP is noted for its empathetic attorneys who are committed to giving every client the attention and compassion needed to negotiate the complexities of such cases without an excess of stress. With a very accessible staff, clients are made aware of their case's progress and the firm is thorough in finding ways to obtain maximum recovery of damages.

When the parents of 16-year-old Jack Lewis contacted John D. Winer about their son's death, John Winer filed the wrongful death suit against the City of Oakland, claiming that the City of Oakland knew about the tree's condition because it had been inspected and marked for removal. The City of Oakland's policy that if the tree was deemed dangerous it should have been removed within 24 hours.

Right now, Jack's parents think about Jack every day, and hope this would never happen to anyone else. This story has appeared in dozens of publications throughout California and the U.S., including those in Miami, Houston, Ohio, Connecticut, Idaho and in the Washington Post.

Additional Local Coverage: 

Ghost Ship Fire Claims The Lives of 36

Our community bore witness to tragedy this past weekend, when a fire ravaged a warehouse known as the "Ghost Ship", claiming the lives of 36 victims and counting. It is already being regarded as one of the most destructive structure fires our country has seen in more than a decade.

The devastating impact of this Oakland warehouse fire goes far beyond the 25 or so artists who called the building home. This tragedy will have a lasting effect on those who have lost children and siblings, including families outside of the United States.

Questions Abound

How could something like this warehouse fire occur? There are many questions surrounding the circumstances of the fire, which occurred in a building that, according to a report in The New York Times, has been under investigation for code violations. A likely factor in the large number of deaths is the fact that the building only had two exits.

Despite only being permitted to function as a warehouse, the building was often the site of parties and served as housing for many local artists. The night of the deadly fire, the second level of the warehouse was hosting a large gathering for an electronic dance party.

What liability, if any, do local officials and law enforcement have for looking the other way while the Ghost Ship served as unpermitted housing?

We Have Recovered More Than $150 Million For Fire Victims

One thing we know for certain is that fires are all too common in California and throughout the United States. According to the National Fire Protection Association, there were more than 1.3 million fires reported annually as recent as 2011.

At Winer, Burritt & Tillis LLP, we can help you find the answers to your questions and hold those accountable responsible. If you have lost a loved one in the Ghost Ship warehouse fire, it will cost you nothing to lean on the skill and experience of our Oakland fire lawyers.

Call 800-652-6137 for a free consultation with a proven wrongful death lawyer. No fee if no recovery.

If You Are Wronged, We Will Make It Right. Schedule A Free Confidential Consultation At Winer, Burritt, Scott & Jacobs, LLP, we empower our clients. We take on the largest law firms, toughest insurance defense lawyers and largest companies with confidence. * Bold text labels are required for submission | We practice in California only.

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