California Personal Injury Blog - Automobile Accidents

Speeding Red Light Runner Kills family of four in Sonoma County Car Crash

Claude Wyle — Mon, 07 Dec 2009 12:59:15 GMT

At this time of year, it is always a pleasure to connect with friends and family, honor old traditions and create new ones. Tragically, for the Maloney family of Sonoma, there will be no more traditions. Jonathan and Susan Maloney and their two young children, Aiden and Gracie, were traveling home from Maui to celebrate a late Thanksgiving with Jonathan’s daughter from a previous marriage when they were broadsided in an intersection by Steve Culbertson, 19, who has since died after being taken off of life support. Adding to the tragedy are allegations that Culbertson was heavily intoxicated at the time he approached that dangerous intersection. There are further allegations that Culbertson had a previous DUI conviction and a previous accident and had had his license suspended for a year. The allegations of a previous DUI conviction have not been specifically confirmed, because Culbertson was a minor at the time, but it is clear that he had at least one incident of driving while intoxicated. Please join me in sending thoughts and prayers to the Maloney family’s loved ones. As a personal injury attorney, I would also like to make sure that accidents like this never happen. California is making efforts to stop drunk driving, but let’s also look at that intersection on Highway 37 to see if there are any conditions that contributed to this deadly collision.

Originally posted at InjuryBoard by Claude Wyle

Two Sentenced in Auto Fatality Crash That Killed Berkeley Students

Claude Wyle — Mon, 30 Nov 2009 15:48:24 GMT

More than four years after three UC Berkeley graduate students were killed in a high-speed crash, the two Oakland men responsible were sentenced last Friday.

Eric Barnes, 28, and Stanley Jacks Jr., 25, were convicted last month of three counts of vehicular manslaughter. The July 16, 2005, crash killed Giulia Adesso, 26, Benjamin Boussert, 27, and Jason Choy, 29, all graduate students in the College of Chemistry at UC Berkeley. Barnes and Jacks were sentenced to eight years and eight months in prison, the maximum sentence.

There was a delay in sentencing because the California Highway Patrol was had been unsure of how the accident happened. Researchers at UC Berkeley's Safe Transportation Research and Education Center ultimately used sensors embedded in Interstate 80, where the auto fatality occurred, to establish that Jacks and Barnes were racing and that both cars were traveling at more than 100 miles per hour.

Barnes's and Jacks's reckless driving caused a nearby big rig to lose control, collide into the center divider and then catch on fire, Morgan said. From there, the truck traveled into the opposite lanes of traffic and collided with the car carrying the trio of students.

I have mixed feelings about this sentencing. While harsh in some senses, I, like the sentencing judge, am moved by the severity of the accident and the horrible way in which these young people died. I also hope that this sentence makes other young “racers” stop and think, if not about ruining the lives of others, about ruining their own lives with such reckless conduct.

My heart goes out to the families of the victims. Once again, I hope that the families got good legal advice. Even though families find comfort when offending criminals have been sentenced, nothing will bring their loved ones back. The only thing that will help the families in any tangible sense is a civil lawsuit. Even if the responsible parties have little or no insurance, as is often the case, there could be other insurance, including your own uninsured motorists’ coverage, which may help offset some of the financial consequences. If you are in an accident with an underinsured or uninsured driver, please see a wrongful death attorney.

Originally posted at InjuryBoard by Claude Wyle

Woman hit, killed in crosswalk on Geary Boulevard

Claude Wyle — Sat, 21 Nov 2009 11:11:35 GMT

A 70-year-old woman walking across Geary Boulevard at Ninth Avenue was killed Thursday morning when the driver of a white van hit and killed her while making a left turn.

This was the 23rd pedestrian traffic fatality in San Francisco this year. The crash happened about 8:15 a.m. when the van, heading south on Ninth Avenue, turned onto eastbound Geary Boulevard and hit the woman, police spokesman Officer Samson Chan said.

The victim was identified as Jon Kong, a resident of the Richmond district. Kong was taken to San Francisco General Hospital with life-threatening injuries after she was hit by a car and was pronounced dead shortly afterward, Chan said. No one else was hurt.

Transportation for America’s nationwide survey found the San Francisco region, which includes Oakland and Fremont, is second only to New York for the highest percentage of traffic deaths among major cities in the country. As bike accident attorneys, we think this is unacceptable, but what can be done? Here are some suggestions from sf.streetsblog.org:

Use police reports analyze a large sample of recent fatal pedestrian accidents with the Pedestrian and Bicycle Crash Analysis Tool (PBCAT). PBCAT is a software application designed to assist state and local pedestrian and bicycle coordinators, planners, and engineers in addressing pedestrian and bicyclist crash problems.
Compile the actual investigative follow-up from the crashes -- were charges filed, were other countermeasures recommended or implemented?
Condense the results into a report that breaks out the most common factors, outcomes and recommended countermeasures.
Convene a pedestrian safety summit with NJ DOT, Traffic Safety, law enforcement, elected officials, pedestrian safety experts and transportation planners all at the table.
The summit would then generate a list of recommendations and goals for the state and local governments to implement.
Follow up with an evaluation of the process. Did the recommendations actually contribute to reducing pedestrian deaths?

These are all excellent suggestions; please join us in an effort to convince city officials to take some of these steps and save lives.

Originally posted at InjuryBoard by Claude Wyle

Wisconsin considers texting while driving—Concerned about automobile accidents

Claude Wyle — Fri, 13 Nov 2009 18:27:00 GMT

Wisconsin State senators are set to begin debate Tuesday whether to ban texting while driving for people under age 18 because of the higher rate of automobile accidents in that group. Wisconsin would become the tenth state with such a law if it passes. The states which currently ban texting while driving are Arizona, California, Colorado (eff. 12/09), Connecticut, District of Colombia, Illinois (eff. 1/10), Louisiana, Maryland, Minnesota, New Hampshire (eff. 1/10), New Jersey, New York (eff. 11/09), Oregon (eff. 1/10), Tennessee, Utah, Virginia and Washington

Why is texting while driving so dangerous? While every phone is different and every person is different, driving schools and law enforcers agree that an average text with a simple message takes about ten seconds. During those ten seconds, you could cover a quarter of a mile on the highway.

More easily understood, after about five seconds of texting you travel about the length of a football field. During an average text, that’s about two football fields, which is a significant distance. That distance is especially significant for inexperienced drivers such as teens, who, according to the Cellular Telecommunications Industry Association, may send close to 80 messages per day.

No one knows exactly how many accidents have been caused by “texting while driving” but in one tragic incident five young women died in a collision with a tractor trailer in Rochester, New York a week after graduating high school. Police discovered the teenage driver had been texting moments before the crash. What do we take away from this? While it is a step in the right direction to ban texting while driving, it is important for each of us to be aware of the distracting things we do while driving. So many of us treat our cars as rolling living rooms—phone calls, music, food, texts, even DVDs—that we forget the inherent danger.

If you are in an accident where cell phone or text usage was a factor, please see a personal injury attorney for advice on whether there is a responsible party who can compensate you for lost wages, pain and suffering, or medical expenses.

Originally posted at InjuryBoard by Claude Wyle

Stuck Floor Mat Survival Strategies – How to Avoid a Collision

Claude Wyle — Tue, 10 Nov 2009 14:03:05 GMT

Recent reports of stuck accelerator pedals causing crashes and Toyota’s auto recall has caused many to question whether or not a vehicle’s brakes are powerful enough to overpower the engine to stop a vehicle, and what you should do if you are ever in that situation. While most experts agree that a typical consumer car engine won’t be able to overpower the car’s brakes when the car is stopped, what happens at speed is another question. Consumer Reports decided to put this question to the test.

Consumer Reports found that several German cars with so-called “smart-throttle” technology will electronically ignore the throttle input if the brake pedal is depressed. With such cars, they accelerated to 60 mph and then hit the brakes with the throttle pedal still planted to simulate a condition where the floor mat might have stuck it in place. Despite the engine open to full-throttle, they were able to safely slow to a stop.

They then tried a Toyota and a Chevrolet without smart-throttles. At 20 miles an hour, the cars did stop, but took a lot of time and effort. At 60 mph before they slammed on the brakes. Braking was very difficult because the engines downshifted and tried to maintain speed. By the time the car slowed to about 10 mph, the brakes had faded so much that the car was not able to come to a complete stop. If the driver had less strength or was traveling at higher speeds, the results could have been tragic.

So what should you do if the car you are driving has a stuck accelerator pedal? Put the car in neutral. In each one of the cars Consumer Reports tested, they were able to push the gear lever into neutral and stop the car quickly. Because all modern engines have “rev limiters” that prevent the engine from over revving and damaging the engine, you can safely shut off the engine after you come to a stop. Please note, however, that Consumer Reports does not advise shutting off the engine while still driving. While this would allow you to stop, you lose power steering and will have trouble maneuvering the vehicle due to the extremely heavy steering.

As defective automobile attorneys, our most important mission is to prevent harm, especially harm that can be prevented. So, next time you are in your car, take a few moments to familiarize yourself with the gear system. Find the neutral position and make a mental note so that if you are faced with an emergency such as a runaway vehicle, you will be prepared to take action.

Originally posted at InjuryBoard by Claude Wyle

Toyota Floor Mat And Gas Pedal Defects--Do They Cause Wrongful Deaths?

Claude Wyle — Wed, 28 Oct 2009 22:11:47 GMT

Federal highway safety inspectors have released new details of a fatal car crash that triggered Toyota Motor Corp.'s largest recall, including a finding that the Lexus ES 350 sedan involved had a gas pedal design that could increase the risk of its being obstructed by a floor mat.

Although Toyota has previously said that the floor mat was improperly installed and may have trapped the accelerator pedal, the latest report by the National Highway Traffic discloses new details, including the fact that the brakes were heavily damaged, possibly due to a design defect in which the Lexus ES braking system loses power-assist when the throttle is fully opened. As consumer lawyers, we investigate whether these defects may have caused other collisions.

Further information indicates that the car was on loan from a Lexus dealership and that the driver may not have been aware how to turn the car off or whether there were other measures he could have taken after the pedal got stuck.

As personal injury attorneys (change to dangerous products attorneys) , we often see the tragic results of poorly designed cars and trucks. The car dealer owed a duty to provide a safe car, however this story shows that we cannot always rely on those whom we believe we can trust. Before driving an unfamiliar vehicle, you might want to inspect the vehicle to determine whether the floor mats are installed properly and whether there is any condition that might interfere with the accelerator or brake pedals.

The Los Angeles Times is reporting that last month, Toyota announced the largest recall in its history, asking drivers of 3.8 million Toyota and Lexus vehicles to remove their floor mats until a permanent remedy is devised. The recall affects the following Toyota models:

2007 – 2010 Camry
2005 – 2010 Avalon
2004 – 2009 Prius
2005 – 2010 Tacoma
2007 – 2010 Tundra
2007 – 2010 ES350
2006 – 2010 IS250 and IS350

Originally posted at InjuryBoard by Claude Wyle

11-year-old Oakland Girl Killed By a Hit-and-Run Driver

Claude Wyle — Fri, 23 Oct 2009 15:12:09 GMT

Alana Williams, a sixth-grader at Frick Middle School in East Oakland, was killed on October 16, 2009, as she walked through a crosswalk at a busy intersection on her way to school.

Muni finds almost 10% of riders are fare cheats 10.19.09

She had gotten off an AC Transit bus around 8 a.m. and was struck in the crosswalk on 64^th Avenue and Foothill Boulevard by a car described only as black Lexus, approximately three to six yeas old.

The Lexus, also heading south on Foothill, struck the girl as it maneuvered around the bus and turned right onto 64th Avenue and kept driving, police said. Police did not know whether the Lexus had run the stop sign there.

Police have not located the driver of the Lexus, but are continuing to search.

Anyone with information about the incident is asked to contact Officer Bellusa with the Oakland Police Department's traffic investigation section at (510) 750-6594.

This story illustrates how important it is to protect our children with cameras and stoplights at unsafe intersections, as well as crossing guards and police presence if possible. Remember, too, that if you are hit by a motorist, whether you are walking or in your car, you may have insurance uninsured motorist coverage through your own auto policy. You should consult with a personal injury attorney who specializes in accidents. Making a claim will not heal the injuries caused by traffic accidents, but some compensation would certainly help with the expenses, medical bills and wage loss, as well compensation for pain and suffering.

Originally posted at InjuryBoard by Claude Wyle

More Seat Belt Use Has Reduced Wrongful Deaths

Claude Wyle — Fri, 23 Oct 2009 11:13:23 GMT

I am happy to report that more Americans are buckling up than ever before, with 83 percent of vehicle occupants using seatbelts during daylight hours, according to the U.S. Secretary of Transportation

More and more Americans are realizing that the mere seconds it takes to buckle up can mean the difference between life and death, and acting accordingly. Whether it is minor accidents close to home or high profile incidents like the death of Princess Diana, which probably could have been prevented with the use of seatbelts, the message is getting across.

The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 270 lives are saved for every one percent increase in belt use. Acting NHTSA Administrator David Kelly said a contributing factor for such historically high seat belt use is high-visibility law enforcement efforts, such as the Department’s “Click It or Ticket” campaign.

According to the report, 84 percent of passenger car occupants are buckling up. Even more people, 86 percent, are buckling up in vans and SUVs while pickup truck occupants buckled up 74 percent of the time.

The report finds that safety belt use increased or remained level in every region of the country, with the highest use being reported in the West (93 percent), and the lowest in the Midwest and Northeast (79 percent). The South reported 81 percent.

The report reveals that states with primary belt laws are averaging about 13 percentage points higher for seat belt use (88 percent) than states with secondary laws (75 percent). In primary belt law states, officers can issue a citation for a seat-belt violation alone. In secondary law states, seat belt citations are allowed only after a stop for another violation.

The report also notes that belt use on expressways is now at an estimated 90 percent while belt use on lower-speed “surface” streets remains at 80 percent.

Seat belt use and other data are collected annually by NHTSA as part of the National Occupant Protection Use Survey (NOPUS). The latest survey, conducted in June of 2008, involved daylight observations of vehicle occupant behavior at more than 1800 sites nationwide.

Click here to see the latest seat belt report.

And, as always, if you are involved in an accident, and were injured through the fault or neglect of another, consult a personal injury attorney. No attorney can take away your suffering, but there might be a way to compensate you for losses you’ve suffered.

Originally posted at InjuryBoard by Claude Wyle

Oakland Pair Killed in Monterey County "Truck versus Automobile" Crash

Claude Wyle — Wed, 14 Oct 2009 13:04:19 GMT

The California Highway Patrol is still investigating a truck versus car head on collision on Highway 101 that killed two Oakland-area residents in Monterey County last Saturday, October 5, 2009.

Daniel O'Neill, 51, and Carrie Lynn Oakeshott, 52, died after their Honda Accord was hit head-on by the driver of a Ford F-150 who claims to have “lost control” of his vehicle. Before colliding with the Accord, the truck rolled, jumped over a Chevrolet Corvette and crossed the center divider of Highway 101 just south of Dumbarton Road.

While the CHP is still investigating the truck accident, responsibility for this wrongful death seems clear at first. We hope that the families of the survivors are soon able to find out precisely why the truck driver “lost control,” either from eyewitnesses, accident recreation specialists or perhaps the driver himself. This truck driver needs to be made accountable for the wrongful deaths he has caused, and these families should consult with a wrongful death attorney. If the roadway is also a contributing factor or the truck was defective, then the surviving families should also explore a claim for dangerous roadway or products liability. While lawsuits cannot bring back loved ones, making all those parties who contributed to the loss accountable helps to deter future bad conduct.

Originally posted at InjuryBoard by Claude Wyle

Castaic Accident Injures Two

Susy Owen — Wed, 09 Sep 2009 20:14:06 GMT

Arcadia resident Noel Burden, 69, was driving his 2007 Chevrolet Corvette south on The Old Road near Hasley Canyon Road when he pulled into the northbound lane to pass the vehicle in front of him, said Officer Michelle Esposito of the California Highway Patrol.

Burden was severely injured when he crashed head-on into another vehicle. The crash occured on Monday night around 8:20 p.m.

Burden failed to pass the vehicle while driving no more than 35 mph, and slammed head-on into a Nissan Pathfinder driven by Corraine Baggaley, 52, of Castaic, Esposito said.

Baggaley was driving about 45 mph. The speed limit along that stretch of The Old Road is between 50 and 55 mph, Esposito said.

Burden required assistance from firefighters to exit his vehicle, while Baggaley got out on her own.

Both were reportedly wearing their seatbelts and were taken to Henry Mayo Newhall Memorial Hospital, Esposito said. Burden suffered severe injuries, Esposito said, and Baggaley was complaining of pains.

The crash is still under investigation. No charges had been filed at the time of the article.

Originally posted at InjuryBoard by Susy Owen