Stockton Injury Lawyer Blog

Salinas And Santa Rosa Drivers Least Likely To Have Car Accidents

Fri, 03 Sep 2010 09:49:42 -0800

A report issued by Allstate Insurance lists Salinas and Santa Rosa as the safest cities in California based on the likelihood of a person having a car crash. In the United States, Fort Collins, Colorado ranks number one.

Further, a study released earlier this week by the Centers for Disease Control and Prevention put the dollar amount of crashes at $500 per year per licensed driver. For those actually involved in accidents, the cost is much higher in medical bills, property damage, lost wages and emotional damages.

Other California cities leading in safety include Modesto, Bakersfield, Fresno, Lancaster and Palmdale. Los Angeles, San Francisco and Glendale are among the worst. Despite the top ratings, each of the California towns ranked other than Salinas and Santa Rosa have more accidents per year than the national average.

Despite crackdowns on texting while driving and driving under the influence, they remain the leading factors in causing California fatal car crashes - especially among teens.

Although California DUI arrests are down in 2010 as compared to 2009, many California drivers continue to get behind the wheel after having too much to drink.

Toyota Recalls 1.1 Million Cars To Prevent Serious Accidents

Fri, 27 Aug 2010 10:22:36 -0800

Toyota Motor Corporation announced today that it will recall nearly 1.1 million Corolla and Matrix models to fix defective engine control modules. This is the latest in a string of recalls affecting Toyota. Many times, defective auto parts cause or contribute to serious car accidents.

The current recall seeks to correct a defect that could create cracks in the circuit board. In some instances the crack may cause the transmission to shift harshly, the engine may fail to start, and the engine may stop completely while the vehicle is being driven. Three accidents have been linked to the defect. The National Highway Traffic Safety Administration ("NHTSA") has stepped up its investigation of the issue.

GM also issued a recall this week based on second row seat belt buckle problems that may make people accidentally believe they are buckled.

Hopefully these recalls were issued before any serious accident occurred. Often safety measures are implemented too late - after individuals are seriously injured by defects that could have been corrected.

Tragic California 200 Crash Near Lucerne Valley Kills Eight

Fri, 20 Aug 2010 09:40:23 -0800

This past weekend, an off-road racecar became airborne and crashed into a large group of spectators watching the California 200 near Lucerne Valley. Six people died at the scene and two more later that evening. Several more were injured.

When accidents happen at sporting events questions arise regarding liability. Many spectators assume they are safe at sporting and special events - whether baseball games, concerts, or car races. However, this is not always the case. Further, when accidents do happen, the party ultimately responsible for any injury depends on a variety of factors.

One of the first issues to determine is who owns the property? Here, the property was owned by the Federal government and controlled by the Bureau of Land Management. In some circumstances, owners of land may be held liable for dangerous events that occur on their property.

Further, was a third party, host, or contractor involved? Here the event was promoted by Mohave Desert Racing (MDR). Did MDR do all that was necessary to warn of risks involved in the event and take necessary safety precautions?

Additionally, did the driver's or spectators' actions play a role? The contract for the event specified that the trucks are to limit their speed to no more than 15 mph when spectators are near by. Witnesses report that the truck was going faster than this speed when it left the raceway and that the spectators were crowding the field.

Although the specific facts and circumstances surrounding this tragic case are unknown, the event has raised many questions regarding the safety of off-road races.

Victims Of Concow Car Accident Delay Calling 9-1-1

Fri, 13 Aug 2010 11:39:16 -0800

Four people injured received treatment for injuries ranging from major to minor after being injured in a car accident in Concow, some 80 miles north of Sacramento. However, the road to obtaining medical attention involved a circuitous sequence of events.

After a single car accident occurred in Concow - including one person being thrown from the car - the four accident victims decided to find their own transportation to the hospital.

A passerby stopped to help, but got a flat tire on the way to the hospital. Cal-Fire and Paramedics were then sent out to bring the four individuals to the hospital, but the California Highway Patrol was not there. After much confusion and delay, the car accident victims were then sent to two different hospitals and were treated.

As stated by a Butte County spokesperson, the message here is "Please call 9-1-1."

Familiarizing yourself regarding what to do after a car accident is crucial. First, ensure you are all right and anyone who needs medical assistance receives it at once. This means calling 9-1-1 and seeking medical attention immediately.

Accident victims have the best chance for a good outcome if they are treated within an hour. People in accidents in remote areas can often receive medical aid fastest from paramedics and airflight teams.
After securing any necessary medical attention, you can then turn to information gathering about the conditions surrounding the accident.

Documents Show Toyota Motor Corp. Was Aware Of Accelerator Defects In 2003

Thu, 05 Aug 2010 12:04:45 -0800

According to the Los Angeles Times, new documents have been filed in the Toyota sudden acceleration investigation showing Toyota Motor Corp. knew of accelerator defects as early as 2003. In fact, in at least one instance a Toyota technician experienced the sudden acceleration first hand - as the rpms increased from 1,500 to 5,500 and the technician was unable to stop the car by applying the breaks.

The new documents allege that Toyota was aware of the defects that caused the sudden acceleration but failed to either acknowledge or correct the problem until last fall when Congress and regulators forced them to address the defects.

Although the exact details and circumstances surrounding the Toyota accelerator defect case have yet to emerge, many issues raised in this case are similar to those in other products liability/dangerous defect matters, i.e. are manufacturers balancing the cost of fixing a problem with the cost of potential lawsuits? Are profits being placed ahead of safety?

Products liability lawsuits can be brought in almost any situation where a defective product injures a consumer - not only car accidents, but also defective sports equipment, unsafe toys and unreasonably dangerous drugs.

The type of damages the injured can recover depends in part on the type of claim - whether a design defect, a manufacturing defect, or a marketing defect/warning failure caused the injury impacts the type of damages allowed.

Damage calculations are also determined by the mindset of the manufacturer or distributor - where consumers are able to show a manufacturer was motivated by greed or knowingly allowed an unsafe product to stay on the market, punitive damages may be available.

Toyota Recalls Thousands Of Vehicles Due To Defect That Could Lead To Car Accidents

Fri, 30 Jul 2010 15:44:41 -0800

Earlier this week, Toyota announced that it will recall 412,000 vehicles due to a steering problem that could lead to car accidents.

The recall affects Toyota Avalon sedans and Lexus LX 470 SUVs.

Toyota has been subject to many recalls this year, including the massive recall due to accelerator defects that lead to serious injuries and fatalities.

The current recall concerns the possibility of cracks developing in the steering lock bar. If this occurs, the lock bar could eventually break, causing the steering wheel the lock and increasing the risk of a crash.

Where defects produce accidents, many factors affect your right to recover compensation from the car manufacturer. These include whether the manufacturer knew or should have known of the defects, whether they provided adequate warnings of the potential for danger and whether the foreseeable risks of harm could have been reduced or eliminated by using a different design.

Tragic Bus Crash En Route to Sacramento

Fri, 23 Jul 2010 10:51:33 -0800

In a tragic three-vehicle collision, a Greyhound bus collided with an SUV, resulting in 6 deaths, including the bus driver. The bus was traveling northbound on California Highway 99 from Los Angeles to Sacramento, with its next planned stop in Madera.

Around 2 a.m., the bus crashed into an overturned SUV in the right hand lane. The collision sent the bus into another vehicle and then all three went down a 15-foot embankment, where the bus hit a large eucalyptus tree. The impact was enormous, leaving debris scattered everywhere.

As a California personal injury attorney, I've seen far too many accidents end tragically. In Thursday's accident, five people died at the scene and another died shortly thereafter. 34 people sustained injuries ranging from minor to critical.

Bus crashes are relatively rare, with an average of 4 deaths per year.

While the investigation is still on going, eye-witness reports indicate that the bus driver did nothing wrong, but rather had no time to stop after seeing the SUV on its side in the highway.

Car Accidents Most Frequent On Two California Highways

Fri, 16 Jul 2010 10:20:48 -0800

A recent study compiled the most deadly highways and times to be on the road based on National Highway Traffic Safety Administration (NHTSA) statistics. At the top of the list, California Highways I-10 and I-15.

These two interstates rank fourth and fifth, respectively, for the highest number of fatal car accidents.

Other noteworthy statistics include:

• 50% of fatal crashes occurred on rural roads.
• 60% of fatal crashes were single car accidents
• Fatal car accidents are down by 15%, but fatal motorcycle accidents are up by 13%

SafeRoadMaps provides an interactive link so you can check on the safety of any roads in Stockton, throughout California and all of the U.S.

Although it may not be possible to avoid driving on California's most dangerous roads, use common sense especially during peak travel times - such as avoiding driving while distracted and designating a driver if you've had a few drinks.

Tragic Lodi Bicycle/Motorcycle Collision Kills One

Fri, 09 Jul 2010 09:19:24 -0800

According to Recordnet.com, a collision between a bicyclist and a motorcycle in Lodi ended tragically after a bicyclist attempted to cross the road and was hit by a motorcyclist.

The motorcycle was unable to maneuver quickly enough to avoid the accident. Tragically, the bicyclist died from his injuries and the motorcyclist sustained critical injuries.

With the increasing popularity of bicycles as a mode of transportation, we all need to increase our awareness of each other on the road. Further, while it is unknown the exact circumstances surrounding this accident, it serves as a important and frightening reminder to all motorists and bicyclists to follow some basic safety tips to help keep California roadways safe.

These tips include:

For all drivers - motorcyclists, car drivers, truck drivers and bicyclists - avoid distracted driving. Texting while driving is illegal in California and has been shown to increase the risk of accidents and death significantly.

Further, whatever your mode of transportation, follow safety precautions. Whether this means wearing a helming, wearing bright clothing or following the rules of the road, taking simple actions can save your life and prevent injury.

Finally, use common sense and be aware of your surroundings. Taking time to anticipate another's movements can often avoid an accident completely.

Unfortunately, even with precautions and safety measures accidents do happen. Hopefully though, by working together we can improve the safety of California roadways.

California Ranks Third For Boating Deaths

Fri, 02 Jul 2010 08:03:53 -0800

With the Fourth of July weekend upon us, the U.S. Coast Guard is heightening its efforts to educate the public about wearing lifejackets while boating. In Lake County, California, the Coast Guard Auxiliary Flotilla 88 has been passing out free lifejackets to Lake County youth and providing boat safety classes at elementary schools.

Such measures are necessary. According to the National Safe Boating Council (NSBC), California has the third highest incidence of boating deaths in the country, and is second for reported accidents. In 2008, 45 deaths and 520 injuries were reported.

California law requires children under the age 13 to wear a life jacket, and a jacket must be on board for each passenger.

The Lake County Bee reports the most common reasons for accidents include:

• Careless/reckless operation
• Operator inattention
• Operator inexperience
• Passenger/skier behavior

In fatal accidents, alcohol use is common.

Visalia Trucker Sustains Major Injuries In Accident

Thu, 24 Jun 2010 18:02:54 -0800

According to the Visalia Times-Delta, a Visalia big rig driver was seriously injured when he rear-ended a pick-up truck near Terra Bella. Both cars overturned.

Fortunately the pick-up truck driver sustained only minor injuries.

Truck accidents often result in serious, even deadly injuries. Because of the sheer force behind a truck, minor shifts in direction or speed may result in a loss of control of an 18-wheeler. It is often difficult for a big rig to maneuver in response to other drivers' abrupt changes in direction or unexpected conditions on the road.

In Tuesday's accident, the driver of the pick-up truck had slowed to make a left-hand turn when the big rig ran into her.

In order to keep our roads safe, a few tips for truckers/car drivers include:

• Maintain safe driving distances between cars and trucks
• Pass trucks with car. Remember that trucks have large blind spots so make sure you can see the truck in your rear view mirror before pulling back into the lane.
• Do not text and drive. Too often distracted driving is the cause of California car accidents.

Fatal California Building Explosion Causes Substantial Damage

Fri, 18 Jun 2010 13:02:41 -0800

A deadly explosion at a California commercial building has left one person dead and severely injured at least two others.

The explosion made a large hole in the building's roof, and firefighters immediately evacuated the surrounding area.

The cause of the accident is still under investigation. Although it is unknown what caused the explosion, when significant injuries and fatalities occur on another's property many questions are raised about the safety of the premises.

Generally, the owner or operator of a premises - such as a store, a building, a park or even a home - has a duty to keep the property reasonably safe and to provide warnings of dangerous conditions he knows of or should have been aware of.

Where the owner knows about a dangerous condition, but fails to provide any warning, he may be responsible for any injuries that occur on the premises - including medical costs, lost wages and pain and suffering.

Texting While Driving On The Rise In California

Fri, 11 Jun 2010 12:11:53 -0800

This week, Los Angeles Mayor Antonia Villaraigosa joined the ranks of numerous public officials calling for drivers to stop texting while driving.
The State of California banned texting while driving over a year and a half ago, but many drivers throughout Marin County, Stockton and all of California still continue to text while driving.

Texting can be deadly. In fact, some statistics estimate that you are 23 times more like to be in a car accident if you text while you are driving.

A bill is currently pending before the Sacramento state senate that seeks to increase first time fines from texting from $20 to $50 for violations and from $50 to $100 for each additional offense.

Bicyclists would be fined $20 for texting while bicycling.

The current law is being ignored by many, especially teenagers. According to the Pew Research Center's Internet and American Life Project, 26 percent of American teens admitted driving while texting.

Legislation Approved To Treat California Brain Injury Victims

Fri, 04 Jun 2010 08:27:04 -0800

California legislators recently approved a bill that will provide funds to develop state-of-the-art treatment for traumatic brain injuries (TBIs). The San Jose Mercury News reports that on Tuesday, East Bay veterans signed a ceremonial copy of the bill - applauding the attention given to this significant and often debilitating - even fatal - condition.

Traumatic brain injuries are typically caused by a sudden blunt force or blow to the head, such as occurs in a car accident, a bike accident, a fall or even at a sporting event.

Symptoms may be difficult to detect and vague and may include mild headaches, confusion and slurred speech. However, without treatment these symptoms worsen and may affect motor skills, cognitive function, and the ability to communicate.

For veterans, brain injuries are called "invisible wounds of war" with service members returning from duty and not recognizing the symptoms for weeks, even years.

The new bill will provide training and education programs specifically designed to help medical professionals recognize the symptoms of TBIs and begin treating these injuries as soon as possible.

As a California personal injury attorney I support this legislation. Too often these debilitating injuries go undetected. With proper medical attention and treatment, brain injuries can be treated and the effects minimized or eliminated.

Prevent Serious California Boating Accidents By Wearing Life Jackets

Fri, 28 May 2010 10:44:23 -0800

Memorial Day weekend marks the traditional start of summer, and the Modesto Bee reports that local officials are speaking out against the dangers of boating on the Central Valley's waterways without a life jacket.

According to the National Safe Boating Council, 520 boating accidents were reported in California in 2008, along with 45 deaths.

California law requires anyone under the age of 13 to wear a life jacket while boating.

Other safety precautions include:

• Always ensure you are prepared. This means having the right safety equipment on board as well as basic first aid kits.
• Check the weather before you head out. Storms with thunder and lightening can crop up in an instant.
• Do not exceed your boat's capacity in weight or horsepower.
• Passengers should remain seated.

For a complete list of boating safety tips, see the California Department of Boating and Waterways.

Unfortunately, boating accidents can and do occur. When an accident does occur, certain circumstances such as significant personal injury or boat damage require that you must file a report.