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If you have children, you are probably all too familiar with the frequent worry and fear that parents face as their children grow and begin to explore the world. We can’t always protect our kids from skinned knees and bee stings, but we do everything in our power to keep our children safe from the more serious dangers they may face.

Sadly, countless children are injured each year due to the negligence of others. Those injuries can occur on the playground, at school, in daycare, in the neighborhood, public pools and basically anywhere in between. When children are injured due to negligence, their parents have a right to seek justice and compensation on their children’s behalf.

At the Oakland law offices of Winer, McKenna & Burritt we have extensive experience representing plaintiffs in child injury cases. This includes premises liability cases when injuries occur on playgrounds, at public pools or on someone else’s property.

We also help the victims who have been injured by dangerous products like faulty children’s toys, or injured by animals, including dog-bite cases.

Our experienced and compassionate attorneys also know how to seek justice for children who have experienced some of the most tragic forms of injury: emotional and sexual abuse. Whether the guilty party is a therapist, doctor, teacher, sports coach or any other adult who was entrusted to work children, our attorneys will work to make sure these individuals are held accountable for the damage they have done.

If you are a parent, nothing is more important than the safety and wellbeing of your child, and the attorneys at Winer, McKenna & Burritt understand that. If you want to learn more about how our firm can help pursue justice and compensation for your family, please visit the child injury page on our website.

Caldecott Tunnel accident recalls disaster of 33 years ago

Do you get claustrophobic when driving in a tunnel? If so, this story isn’t going to make your phobia any better, especially if you live in the Oakland area.

During Monday morning’s commute, 60 people were told to abandon their vehicles in the Caldecott Tunnel after an accident occurred and caused a smoky car fire in the far-right bore of the tunnel.

The California Highway Patrol said that no one was injured in the accident or subsequent fire, and motorists inside the tunnel were told to evacuate on foot, leaving their vehicles behind. 

The bore was shut down until firefighters had the blaze under control at 7:25 a.m. The tunnel was reopened at 11:15 a.m.

Luckily, the event unfolded nothing like the disaster in April 1982, when a chain-reaction accident involving a drunk driver, a loaded gasoline tanker and a speeding AC Transit bus caused an explosion that turned the westbound third bore into a deadly inferno.

Motorists couldn’t see that an accident had occurred because of the curvature of the tunnel, and they continued to drive in unsuspectingly. Some were lucky enough to flee their vehicles and escape, but others were trapped. A total of seven people were killed.

The tragedy led to a new law that prohibits trucks carrying flammable or poisonous loads from using Caldecott Tunnel, except between 3 and 5 a.m.

But even with the law in place, the tunnel is still a dangerous section of road as chain-reaction accidents can easily occur.

For example, in October of 2013 eight people were injured in an accident within the tunnel that caused a smoky fire to erupt.

While Oakland residents shouldn’t be fearful of the tunnel, they should always exercise added caution when driving through it as one negligent maneuver could potentially lead to a major ordeal.

Know the signs of a serious head injury in children

Children can suffer serious head injuries after a car accident or other type of accident that results in trauma to the head. While some head injuries are minor, it is important for parents to understand the signs and symptoms of a serious head injury to protect their child from further damage. 

Immediate medical attention is necessary if you suspect your child has suffered head trauma that include signs of a serious head injury or even a traumatic brain injury. How do you know when you need to seek medical attention? In this post, we will discuss the signs and symptoms of a serious head injury.

A serious head injury can include the following signs: 

  • Slurred speech
  • Dizziness 
  • Headache
  • Blurry vision
  • Vomiting
  • Stumbling 
  • Abnormal behavior 

These are signs of a serious injury and you should seek medical attention right away. If your child loses consciousness, call 911 immediately.

Head injuries can be difficult to recognize after an accident where there was trauma to the head. Not all children will show signs and symptoms of a serious head injury right away so it is important to know the signs and monitor your child after an accident. 

If your child's head injury was caused by someone else's negligence, such as in a car accident or when they were at daycare, you may be able to seek compensation for damages to help care for your child and his or her injuries. Working with a skilled personal injury attorney can help you understand and explore all of your legal options. 

Parents will soon be able to spy on their teens’ driving habits

We have previously written about the contradictory messages the auto industry seems to be sending to drivers. On one hand, new vehicles are increasingly offering “infotainment” systems that may include a dash-mounted touch screen and ways to wirelessly pair your cellphone to the vehicle in order to play music, take phone calls and send hands-free text messages.

On the other hand, automakers are also offering safety technology aimed at protecting drivers from their own bad choices – including distracted driving. According to a recent news article, General Motors has just announced a “Teen Drive” system to be included in the 2016 Chevy Malibu. It offers several features that may give parents peace of mind while annoying teen drivers to no end.

Parents can apparently set their own speed limits and maximum radio volume. When the car travels faster than the preset limits, drivers receive both visual and audio warnings from the vehicle. To encourage seat belt use, the Teen Drive system will reportedly mute the radio or a paired device if anyone in the front seat isn’t buckled up.

The new Teen Drive system even acts as a snitch to report unsafe driving behavior. Parents are able to get a readout of their teen’s driving behaviors, including indications of how often preset limits were violated.

Although this is being marketed as a way to keep tabs on teen drivers, motorists of all ages might do well to set some predetermined limits on their own potentially dangerous behaviors behind the wheel.

But will features like the Teen Drive system really create more responsible drivers? It is being offered by General Motors, after all, which currently has a poor reputation for its vehicle safety issues and lack of accountability.

Until or unless cars become fully automated, safe driving will always be a choice. Gadgetry may offer some help, but we must each accept that we are responsible for our own safety every time we get behind the wheel.

Source: PC Magazine, “Chevy Malibu ‘Teen Driver’ Tech Will Snitch if You Speed,” Angela Moscaritolo, March 20, 2015

Pedestrian accidents high in California

Pedestrian accidents are all too common in Oakland and throughout California. Last year, an estimated 700 pedestrians were killed in accidents in California. 

A new study by the Governor's Highway Safety Association found that California has a high number of fatal pedestrian accidents. In fact, the state "has one of the highest number of pedestrian deaths  in the country," according to the recent report

The California Office of Highway Safety said the high rate of pedestrian fatalities is because of the state's large population. They reported that while the state has the highest number of pedestrian deaths, the rate of fatalities is actually below the average of the United States. 

This finding shows the dangers pedestrians face. While the report did not state the reasons for the high number of pedestrian fatalities, there are likely several contributing factors. 

Distracted driving, drunk driving and failure to obey traffic laws like stopping for pedestrians are all common causes of pedestrian accidents. Pedestrians should be aware of the hazards and make sure they follow traffic laws to keep themselves protected. 

Drivers also need to take steps to keep everyone safe on the road. Drivers need to stop for pedestrians in crosswalks and when they are crossing the road. It is also important to leave enough space when pedestrians are walking on the side of the road. 

Drivers can be held liable for pedestrian accidents depending on the cause of the crash. If the driver was negligent or reckless, he or she could not only face criminal charges but he or she could also be named in a personal injury lawsuit by the victim and their family. 

The dangers of car accidents at grade-level rail crossings

Although train travel is not nearly as big in the United States as it is in Europe and Asia, it is clear that trains aren’t going away. In fact, when the bullet-train line that carries passengers from San Francisco to Los Angeles is completed, California will be the first state in the nation to utilize this type of high-speed rail.

As the project continues through the planning stages, the California High-Speed Rail Authority recently made an important decision. It has announced that whenever the line intersects a road for automobile traffic, it will either tunnel under it or pass over it on an elevated platform. In other words, there will be no “grade” crossings.

This decision was an important one for numerous reasons. First of all, the train is slated to travel at 200 miles per hour. Any ground-level crossing where it intersects with a road would likely require the train to slow down and would also increase the risk of an accident.

But this announcement also highlights an important safety hazard affecting California and nearly every other state. Grade crossings (where cars and trains intersect on the same level) are more dangerous than most people realize. There are just under 251,000 grade crossings in the United States, and in 2013 there were a total of 2,096 train vs. car accidents. Last year, accidents at grade crossings resulted in 239 deaths.

Individual rail crossings can be upgraded to decrease the risk of accidents. But this type of infrastructure improvement is expensive, and most governments (local, state and federal) are either unable or unwilling to spend the money.

When driving through rail crossings, vigilance and focus are crucial. It doesn’t matter if the crossing sees little train traffic or heavy train traffic. In fact, lightly traveled crossings can be even more dangerous because drivers are less likely to keep a lookout.

If you regularly encounter grade crossings, please ensure that you slow down, look and listen for trains each and every time you cross.

Source: Insurance Journal, “Replacing Unsafe Train Crossings Deemed Too Expensive,” Michael B. Marois, Feb. 26, 2015

The shortcomings and hidden costs of ride-sharing services

Most Bay Area residents are well aware of the controversy surrounding Uber and other ride-sharing services. While these services promise reliable transportation at prices well below those of taxi companies, they seem to be less than reliable when it comes to legal issues regarding insurance coverage.

On New Year's Eve in 2013, an Uber driver in San Francisco struck and killed a 6-year-old pedestrian as she crossed the street in a crosswalk. This devastating accident and others since then have raised public awareness of two important issues regarding insurance coverage and distracted driving.

Most personal insurance policies prohibit drivers from using their vehicles for commercial transportation purposes. Those who accept fares usually need a more comprehensive insurance policy. Uber and other companies have said in the past that their insurance can supplement any additional liability costs.

But when that fatal pedestrian accident occurred, Uber was quick to distance itself from any responsibility or liability. The company claimed that the driver was not working for Uber when the accident occurred. The driver was waiting for a fare but did not have a passenger in the vehicle at that exact moment.

The other complaint against services like Uber and Lyft are that their smartphone apps – which are needed to do the job – greatly increase the risk of distracted driving accidents. With Uber, drivers are offered a potential fare via an alert on their smartphone. They then have just 15 seconds to decide whether or not to accept it.

While a driver could tap the screen and accept the fare without looking, that doesn't seem realistic. They need to know where the fare is in order to make a decision. In light of this, ride-sharing services seemingly violate California's stringent laws against cellphone-related distracted driving.

Uber, Lyft and other ride-sharing services may seem like a much cheaper alternative to established and entrenched taxi companies. But if those savings mean increased distracted driving and inadequate insurance coverage, perhaps ride-sharing services are not so affordable after all.

Source: The New York Times, "Distracted Driving and the Risks of Ride-Hailing Services Like Uber," Matt Richtel, Dec. 21, 2014

Bill would help police test for drugged driving

Driving under the influence of marijuana or other drugs can be very dangerous and increase the chances of getting into a car accident. A California lawmaker is trying to address the serious safety hazard by proposing a bill that would give law enforcement the ability to use a drug breathalyzer on drivers suspected of drugged driving. 

The drug breathalyzer device would be similar to current breathalyzers used by police officers to detect drunk driving. The drug breathalyzer devices would be able to detect the use of marijuana one a person up to three hours after use. It would also be able to detect other drugs like methamphetamine and cocaine. 

The bill was proposed to crack down on drugged driving, which can be just as dangerous as drunk driving. Supporters of the bill say this would help law enforcement officials actually have a device to test for drugs in a driver's system instead of just relying on the police officer's opinion or waiting for a blood test. 

Despite the support, opponents of the bill say it may harm individuals who use medical marijuana and keep them from driving out of fear of getting pulled over and tested. Many opponents say the bill would create a "zero tolerance" environment for people with THC in their system. 

If the bill is passed, it could help law enforcement crack down on individuals driving under the influence of drugs. However, police are already trying to keep unsafe drivers off the road and even if the bill is not passed, they will continue their efforts to prevent drivers under the influence of drugs from getting behind the wheel.

Source: CBS San Francisco, "'Drug Breathalyzer' Bill Would Help Police Bust Stoned Drivers In California," April 20, 2015

Distracted driving can be deadly even in emergency vehicles

Earlier this month, we told readers that April is Distracted Driving Awareness Month across California. All this month, the California Highway Patrol and local law enforcement agencies have been cracking down (more than usual) on texting and other cellphone use behind the wheel. Safety advocates have also been trying to educate the public about the dangers of distracted driving.

It should be noted that distracted driving is a dangerous practice even if the driver is engaged in the service of public safety. Police officers, ambulance drivers and other operators of emergency vehicles are increasingly causing serious accidents while distracted by in-vehicle technology. This prompts the important question: When it comes to distracted driving, who will police the police?

According to a news story that first ran in late 2014, distracted emergency-vehicle drivers in California have injured at least 140 people and killed at least three people in the last couple years. Other state data shows that over the past decade, the number of emergency vehicle crashes caused by distracted drivers has increased by 122 percent. To be clear, these statistics involve crashes where emergency vehicle drivers were distracted and therefore deemed at fault.

Most squad cars these days come with what is basically a laptop mounted between the two front seats. This is in addition to two-way radios and a host of other gadgets. While some law enforcement agencies have clear policies about not using this type of technology while driving, others have unclear and inconsistent policies or no policies at all.

In order to do their jobs effectively, drivers of emergency vehicles need driving allowances that the rest of us do not have. Speeding is a good example. But because distracted driving cannot be done safely – even by highly skilled drivers – shouldn’t emergency vehicle drivers be held to the same standards as the rest of the public?

Source: Los Angeles Daily News, “Distracted driving on the rise for police, fire and ambulance drivers,” Brenda Gazzar, Oct. 6, 2014

Family killed in road construction accident

Construction sites can be dangerous places, and the danger is compounded when the projects involve road construction. Not only do careless drivers threaten the safety of road crews by driving too quickly through construction zones, but drivers can also be endangered by equipment and unstable materials in the area.

Demolition, renovation and construction projects are often an effort carefully coordinated between local governments and private companies. When miscommunication or negligence results in a serious or fatal accident, both the government and contracted companies may be held liable.

Earlier this week, Bay Area readers may have heard about a devastating accident that occurred in Washington state. A husband and wife and their 8-month-old son were killed when a concrete slab fell from the overpass and crushed their vehicle.

Contractors and subcontractors were working on a project to add a sidewalk and lights along a section of highway. That day, concrete slabs from the overpass were being cut and dismantled.

Normally, that type of work would prompt city officials to close the road below where the work was being performed. But a representative for the city said that the contractors and subcontractors were scheduled to be working at a different part of the site that day. The mayor reiterated that no demolition was scheduled (for that day) on the plan that had been filed with the city.

At best, this seems to be a serious case of miscommunication. At worst, it was a negligent and dangerous departure from agreed-upon protocol. In either case, an entire family lost their lives in a highly preventable tragedy.

Source: Claims Journal, “Work Plan May Have Been Ignored in Washington Bridge Fatal Accident,” April 20, 2015

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