Injuryboard Commentary - DUI

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

I-94 Head On Collision Sends Two To The Hospital

Mike Bryant — Sun, 06 Dec 2009 22:46:00 GMT

Saturday night, a Toyota Tundra hit a Toyota Sienna sending a mother and her son to the hospital. The Tundra was driving wrong way on a ramp from I-94 at 49th Avenue. Five other children were also injured in the van with the hospitalized pair. Investigation continues, but it is suggested that alcohol played a role.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

Originally posted at InjuryBoard by Mike Bryant

18-Year-Old St. Augustine Woman Killed in Crash

Eddie Farah — Fri, 04 Dec 2009 18:09:00 GMT

Condolences are pouring into the MySpace and Facebook pages of an 18-year-old young woman from St. Augustine, Florida who died earlier this week in a car crash.

Megan Elizabeth Bunn and another teenager were killed Sunday night when the truck they were riding in collided with an ambulance. It all happened on U.S. 1 near The Avenues Mall at about 8:20 p.m. Sunday evening.

Bunn was riding in the middle of the front seat in a friend’s Chevy Silverado, one of five people in the vehicle, none of whom wore seat belts. Suddenly their truck collided with an ambulance when it either pulled in front of the truck or the truck driver ran a red light. The Florida Highway Patrol is unsure at this time, but the ambulance driver says he did not have his lights on and was not speeding because had had dropped off the patient.

Bunn was pronounced dead at Shands Jacksonville. The driver of the truck, Michael Jason Linder, 19, was also pronounced dead at the hospital Monday night. The other front seat passenger, Shyenne Morgan, 17, of Jacksonville was in critical condition at Shands. The two passengers in the rear were in serious condition.

Our prayers go out to the families of the two young people killed. Bunn had left high school in 2006 and was in school to become a nurse. Linder had been arrested for car burglaries in St. Johns County, but hopefully was turning his life around. People say they felt blessed to know her.

Unfortunately, the Florida Highway Patrol responding to the scene said that beer was found in the Silverado. A toxicology test will determine if Linder was drinking.

While we have no idea of the alcohol level involved in this accident, traffic crashes occur every 12 seconds in the U.S. and are the number one cause of death among young adults. If you are 15 to 19, you are more likely to be killed in a car crash than any other way.

Alcohol, distraction and speeding all play a part.

If only the point didn't have to be driven home by the death of these irreplacable young people, but unfortunately, that is more likely to make an impact on survivors and their driving habits than any law or statistic.

Originally posted at InjuryBoard by Eddie Farah

Drunk Driver Charged With Killing Buffalo Teen

Mike Bryant — Sun, 29 Nov 2009 21:17:00 GMT

Last week, I looked at the head on collision that killed a Buffalo High student on Wright County Road 35. At that time there were questions about how this could happen. The road is straight there. Why would a pickup cross the center line? Investigation has now disclosed that the truck was speeding, had no headlights, was in the wrong lane, and the driver had been drinking.

The Minneapolis Tribune captured the feelings of the family in the way you see so often in these case:

"It seems like each day we find out a little bit more about this," said Adam Hoglund, Kramnic's uncle. "It's hard not to be incredibly angry."

.................................

(The) family is anticipating the next day in court. "We'll be there every step of the way to see he gets what's coming to him," Hoglund said.

The driver has been charged with two counts of criminal vehicular homicide in the death.

Originally posted at InjuryBoard by Mike Bryant

Drunk Driver Hit's Patrol Car

Mike Bryant — Sat, 28 Nov 2009 23:00:00 GMT

Thanksgiving morning, State Trooper Sam Catlin was making a drunk driving stop along Highway 52 near Rochester. A speeding car being driven by a Rochester woman hit his sitting patrol car. The driver was cited for 3rd degree DWI and authorities say more charges could follow.

These are officers who are on the roads doing their jobs. Protecting society and doing their work in full uniform with lights going. I have had the honor on a number of occasions to represent some of Minnesota's finest. Usually, they are hit by cars going too fast and not giving them the room they need.

Minnesota law requires all cars to move over one lane when emergency vehicles are on the road. It's pretty simple to keep those actions in mind. While the law doesn't directly require a reduction in speed , it's the safe thing to do and it is taking into consideration the conditions at the time.

If it's wintry weather and the emergency vehicles are dealing with a car in the ditch, consider for a minute how the car got there. It's probably a case of the road itself being especially slippery in the very same area. A couple of times a year, we will be involved in layered car accidents where one car hits another and within the next ten minutes, two or three more impacts take place. A good look out and slowing down will make a difference. Also if you are in an accident, make sure you clear yourself and all passengers away from the dangers of oncoming cars.

Originally posted at InjuryBoard by Mike Bryant

Was It Alcohol? A Deer? Or Both That Caused SUV Rollover?

Mike Bryant — Sat, 28 Nov 2009 21:12:59 GMT

Wednesday night, a SUV rolled after leaving northbound Hwy. 169, north of Garrison. The driver and a passenger where injured. The driver told the State Patrol that a deer caused the incident. Initial reports are that alcohol was detected on the driver. The passenger was taken to the St Cloud Hospital.

While there is no liability claim for the driver of the car, passengers may still have a claim for liability depending on the facts of the collision. It is important that these case be investigated early by an Attorney who does this type of work. Hopefully, both of these people will heal up quickly.

The Minnesota Department of Traffic Safety's "Crash Facts 2007" indicated that there were 3,144 vehicle-deer accidents reported last year with 336 injuries and six fatalities.

The Duluth News Tribune recently published some helpful suggestions:

Rule 1: Treat every deer as if it’s going to cross in front of you. If you assume a deer feeding on the shoulder is going to hold its position until you have gone by, you’re just an accident waiting to happen.

Rule 2: Drive according to the conditions. If the night is foggy, rainy, or slippery, you might not be able to prevent a collision, but you can minimize the damage if you’re driving slowly enough. Don’t just speed along and hope nothing gets in your way.

Rule 3: Keep your eyes on the road at all times. You may only have a second or two to react to a deer crossing the highway. If you’re not an attentive driver, you can get hurt.

Questions as to what happened in this case will need to be answered.

Originally posted at InjuryBoard by Mike Bryant

Man sentenced in Williamsburg DUI crash

Emily Mapp Brannon — Sat, 28 Nov 2009 19:52:00 GMT

Mark Schneider will spend a year in jail after drunkenly hitting pedestrian Irene Carson last Christmas Eve, a Williamsburg-James City County circuit court judge ruled this week.

Schneider, 39, struck Carson, 72, as Carson crossed Francis Street East in Williamsburg, the Daily Press reported. Francis Street runs along the southern edge of what is generally considered historic Williamsburg.

"You are an example to the community of what can happen when you drink to excess and drive," Judge Samuel Powell of Williamsburg-James City County said to Schneider during the sentencing hearing.

Carson, of Chadds Ford, Pa., was apparently not at the hearing. But the Daily Press said she suffered multiple skull fractures in the crash and will likely never recover fully.

Schneider works as a historic interpreter at Colonial Williamsburg; a manager there testified at the sentencing hearing that Schneider can keep his job.

Schneider can serve his sentence at the Virginia Peninsula Regional Jail on weekends; he is to report for his first day on Dec. 24, a year after the crash.

Schneider had a blood-alcohol content of .19, meaning almost two-tenths of one percent of his blood was alcohol. In Virginia, .08 is the legal minimum for intoxication, though drivers can be arrested with lesser levels if they are driving in a manner a police officers thinks indicates intoxication.

Schneider pleaded guilt to a charge of felony assault, the Daily Press said. A charge of maiming while driving was not ruled upon by the judge, who can dismiss it later if he chooses.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Safe Holiday: Thanksgiving Weekend Let's Have No Drinking And Driving

Mike Bryant — Thu, 26 Nov 2009 09:33:00 GMT

In particular, the holiday weekends have been targeted as times that need the extra vigilance. To many people take to the roads after drinking. It is important that this not happen.

From 2005 to 2007, 23 people died in Minnesota traffic accidents during the Thanksgiving holiday weekend. Thirteen were alcohol-related crashes. Therefore, it was identified by the State Patrol as the deadliest weekend.

Operation NightCAP is a federally funded program that puts overtime police officers on extra patrols in Minnesota’s 15 deadliest counties. The thought behind identifying the holiday increase is to get the word out so that drunk drivers may think twice about taking to the roads. “The goal here isn’t to stop people from having a good time,” State Patrol Lt. Mark Peterson said.” “The whole idea is for [drunk drivers] to believe that they’re going to get caught.”

In any drunk driving collision, there are a number of issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a past article for the Minnesota Lawyers Trial magazine. Beyond the accident, there may be Dram shop issues that have to be investigated.

Originally posted at InjuryBoard by Mike Bryant

Beach Attorney Recognized for DUI Prosecution Efforts

Rick Shapiro — Tue, 24 Nov 2009 10:20:00 GMT

Local prosecutor Charisse Black last week received a national award for keeping alcohol- and drug-addled divers off the streets of Virginia Beach.

Mothers Against Drunk Driving tapped Black as one of 15 recipients of its 2009 President's Criminal Justice Award for "her thorough gathering of facts, complete knowledge of current Virginia DUI laws and her ability to convict the majority of the cases she presents." Black's supervisor, Commonwealth's Attorney for Virginia Beach Harvey Bryant also praised Black for "seeing that those who drive drunk are convicted and punished without delay.' Bryant also said that "Charisse embodies the ‘get tough’ attitude that this office has toward drunk drivers."

I am happy to add my congratulations to Black and to express my appreciation for her work. Drunk and drugged drivers cause untold tragedy in our area and across the United States. While statistics on fatalities, injuries and monetary damages caused by drivers impaired by drugs and alcohol are kept, those numbers do not come close to telling the story of how DUIs can ruin and end lives.

Prosecuting drunk and drugged drivers is only part of the solution, of cpursse. Drivers need to take responsibility and stay out their cars if they have been drinking or doing drugs. Also, as we kickoff the holiday party season, hosts and guests need to watch their friends and head off potential drunk drivers by ensuring safe rides homes for those who need them.

Until people do assume their full responsibilities, however, it is good to know that prosecutors like Black are protecting us.

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Unadulterated Negligence When Deciding to Get Behind the Wheel Drunk

Emily Mapp Brannon — Mon, 23 Nov 2009 15:13:00 GMT

The prevalence of drunk drivers is becoming a big problem. In a survey made by www.alcoholalert.com, alcohol related deaths make up for 37% of all vehicle fatalities that happen in the US. In order to drive safely, one has to be alert, focused, and capable of making quick decisions when encountering certain road conditions; all these abilities diminish when under the influence of alcohol. Alcohol leads to poor judgement, loss of body coordination and delayed reflexes and the blurry vision. More often than not, teen drivers have a much higher likelihood to be involved in a drunk driving accident.

The National Highway Traffic Safety Administration, U.S. Department of Transportation, compiled a drunk driving statistics which gave out staggering facts. Out of 12,998 drinking driving fatalities in the United States in 2007, 1,393 were caused due to teen drinking and driving. About 28% of teenagers killed in motor vehicle crashes were drinking either before or while they were driving. Around 64% of teenagers who were involved in fatal drunk driving crashes were reportedly not wearing their seat belts.

The Center for Disease Control and Prevention (CDC) also compiled a drinking and driving statistics that showed more than half of the drunken driving accidents involving teenagers were reported on Friday, Saturday or Sunday. It also showed that about half of these accidents occurred between 3:00 pm and 12:00 am. However stringent the rules are about the minimum drinking age, drunk teen accidents is still rising in number. It is the parent’s responsibility to shape their kids and know their activities and whereabouts. Rules can be bent when parent’s supervision is not implemented as well.

Originally posted at InjuryBoard by Emily Mapp Brannon