Injuryboard Commentary - pedestrian

Parking Lots: Confusion about laws, right-of-way causes accidents

Sean DuBois — Tue, 08 Dec 2009 19:43:24 GMT

'Tis the season for Black Friday sales, doorbusters, and last-minute Christmas shopping. Which means it is also the season for crowded parking lots, single-minded shoppers, and cranky children. What does all of this mean?

It means that, now more than ever, we need to be conscious of parking lot safety. According to one study, almost 20% of all auto accidents occur in parking lots, and that statistic surely rises as more and more people flock to crowded shopping areas.

While not all auto accidents that occur in parking lots cause deaths, serious injuries, or expensive property damage, they are not something to take lightly. It doesn't take a high-speed collision to do damage to a costly car part, or injure a person, and yet many people drive through parking lots as if traffic safety rules stopped at the road.

The problem with most parking lot accidents is that many people are simply not on their guard in the parking lot like they would be on a highway or street. People talk on their cell phones, adjust their shopping bags, back out of parking spots without looking for oncoming cars, and speed down aisles without looking for cars backing out. Inexperienced drivers may find pulling into or out of tight parking spots difficult, and may accidentally scrape the cars in the adjacent parking spots.

Pedestrian accidents are also more of a concern in parking lots, since lots of people are walking to and from their vehicles. Drivers often neglect stop signs and crosswalks in parking lots, which puts pedestrians at risk, especially at night.

Many people may neglect parking lot safety because they assume they have the right-of-way. The truth is, parking lot driving laws are very complicated, and it is always safer to assume that the other driver in the parking lot thinks they have the right-of-way too.

If you exercise defensive driving techniques, keep an open eye for pedestrians, obey all of the traffic signs in the parking lot, and drive slowly, you will lower your risk of being in a parking lot accident.

Originally posted at InjuryBoard by Sean DuBois

Hybrid Cars Are They Too Quiet?

Mike Bryant — Fri, 04 Dec 2009 09:28:00 GMT

I've had the chance to ride in a couple of Hybrids as of late. They seem like nice rides and they get great gas mileage and I like so many said "Man, they are quiet". OK, maybe not everyone said it that way, but it was at least the same idea.

But, are the cars too quiet? The silence for a pedestrian could be deadly, As a result, human factors/ergonomics researchers recently went to work on a study to examine participants' preferences for sounds that could be added to quiet vehicles to make them easier to detect. The National Federation for the Blind recently called for all cars to, at a minimum, emit a constant sound.

It's important to think about the old, young, and those who depend upon sound to navigate the world. Quiet cars don't do that. The U.S. Congress has considered the Pedestrian Safety Enhancement Act of 2008, which would require the Secretary of Transportation to study and implement regulations for hybrid, electric, and other silent-engine vehicles to emit non visual alerts for pedestrians. Hopefully, more protections will come from looking at this issue.

Originally posted at InjuryBoard by Mike Bryant

Outdated Roads Are Dangerous for Pedestrians

John Cooper — Thu, 03 Dec 2009 21:50:09 GMT

I read a staggering and almost unbelievable statistic from the National Highway Transportation Safety Administration the other day. Did you know that in the last 15 years there have been more than 76,000 people killed while crossing or walking along streets in America? In fact, just in the last decade over 43,000 were killed, which includes 3,906 children under 16 in that death toll. If you were to average that number out, it would be equivalent to a commercial jetliner filled with people crashing every 4 weeks. Sadly, pedestrian deaths receive no such media attention which might spark enough public awareness to promote safer roads.

Although the number of children and the elderly are disproportionately higher than other groups when it comes to pedestrian deaths, people of all ages and from all walks of life have been struck down during the simple act of walking. Typically labeled as an accident, a pedestrian death is often attributable to error on the part of the motorist. Whatever way you may categorize these tragic events, just about every pedestrian death occurred along roadways that were designed and built without consideration to anyone except the driver. Most roads and streets are dangerous by their very design as they were engineered for speeding vehicles with no provision for people that are walking, in wheelchairs or on a bike.

At the center of this conundrum is the increasingly greater push for cleaner, human-powered modes of transportation to limit the negative consequences of traffic congestion, oil dependency and pollution. Over the course of the last few years, towns and cities have begun to re-build poorly designed roads to become streets with proper sidewalks and bicycle lanes, along with reducing cross-walk lengths to make it safer for pedestrians and more alluring to the general population. Safer streets have been proven to save lives not only for pedestrians and motorists, but also in the fact that they encourage residents to become more physically active and get outside to walk more.

Sadly, pedestrian death statistics will not decrease overnight. It will take much effort and public awareness to fix obsolete and unsafe road design. Perhaps, in the future our highways will become friendlier to pedestrians and allow motorist ample time to react as the smarter roads could help even the most distracted driver to be aware of someone on foot sharing the road.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by John Cooper

An Iowa train vs car wreck is such A Painful Case

Steve Lombardi — Tue, 01 Dec 2009 12:01:00 GMT

Join me this afternoon for a walk with James Joyce. This is to honor all of those people who die from collisions with trains at train-road-crossings in Iowa and around the nation. In some ways they are preventable but in other ways not so easily prevented. A Painful Case is a short story raising speculation of whether drink, depression or just distraction caused the woman to be out walking across the rails. It's really a wonderful story filled with raw emotions that undulate as if we are on a roller coaster ride at Rocky Point.

This is not unlike the emotions you will go through when trying a case. As prepared as you think you are, you will find out just how difficult it is to control your emotions as the trial unfolds. You do not control the trial so much as IT controls you. As one of my mentors said in response to my comments about my adrenaline level, "Steve in trial work you will experience the highest highs and the lowest lows. Learn not to get too excited about your wins or your losses." Mr. Dutton couldn't have been more accurate. So join James Joyce as he explores Dublin with Mr. James Duffey's not-so-simple life in Ireland, a trial of sorts.

http://www.youtube.com/watch?v=RYukNEZrzdU

http://www.youtube.com/watch?v=FAgD3Ve0r8A

http://www.youtube.com/watch?v=31jpicjjVzA

Originally posted at InjuryBoard by Steve Lombardi

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

Virginia Tech: Drivers of heavy trucks 23 times more likely to crash while texting

Doug Landau — Wed, 25 Nov 2009 23:10:00 GMT

With 2 Virginia Tech "Hokies" in his household, Ashburn car crash lawyer Doug Landau pays special attention to the quarterly Virginia Tech Magazine. This Fall, it was revealed that the Virginia Tech Transportation Institute conducted studies of driver distraction while using cell phones and text messaging. I have previously written about the increased dangers to Loudoun Fairfax and Leesburg drivers, bikers and pedestrians presented by "distracted drivers." Texting while driving increases the risk of a crash much more than previous studies have concluded, with motorists taking their eyes off the road longer than they do when talking or listening on their cell phones, the Virginia Tech Transportation Institute reported

The institute used cameras to continuously observe light-vehicle drivers and truckers for more than 6 million miles. It found that when drivers of heavy trucks texted, their collision risk was 23 times greater than when not texting. Dialing a cell phone and using or reaching for an electronic device increased risk of collision about six times in cars and trucks, the study found.

If you or someone you know has been injured by a "distracted driver" or motorist who was texting or programming their cell or mobile phone, please contact ABRAMS LANDAU, Ltd. or give us a call at 703-796-9555.

Originally posted at InjuryBoard by Doug Landau

Pedestrian Accident in Phoenix brings up Personal Injury Question

Christy Thompson — Tue, 24 Nov 2009 14:00:28 GMT

On November 18, 2009 at approximately 3:45pm MST, an Arizona pedestrian was struck by a car in the Cave Creek, Phoenix area. To date, no witnesses or cameras have been able to concretely confirm whether the pedestrian was within the crosswalk or not.

I found this to be an interesting story for a couple of reasons. Most people who are not educated in the realm of personal injury have a notion that I think comes from some sort of urban legend. That notion is that the pedestrian always has the right-of-way. While this is most often the case, a person operating a motor vehicle has the better defense if that pedestrian was not in a crosswalk, and was in fact, crossing the street.

A pedestrian will most likely be held responsible for an accident if they are not in a crosswalk if they are hit by a car. It's that simple, perhaps unfortunately. At the same time, imagine the circumstances of the motorist — not on a cell phone or otherwise disengaged from his or her driving responsibility — but simply driving, when suddenly, someone just walks right into the road.

These are the facts we must consider when applying the law in a personal injury case that involves a pedestrian. Likewise, as attorneys that deal with personal injury law on a consistent basis, it is also our job to inform our clients and people in general that pedestrians do have rights, but they also have responsibilities.

Originally posted at InjuryBoard by Christy Thompson

Crossing Guard and Child Struck By Negligent Driver

M. Brandon Smith — Mon, 23 Nov 2009 07:01:00 GMT

This past Wednesday, a driver hit a student and school crossing guard in front of Martin Luther King, Jr., Elementary School, according to Clayton News Daily.

The female crossing guard was escorting a 9 year old boy across the street when the driver struck both of them. The crossing guard’s name has not been released. The 1998 Dodge Caravan was traveling southbound on West Lee’s Mill Road when the pedistrian accident occurred.

The driver of the car, Donell Lee Adams, 59 years old, has been charged with failure to obey a crossing guard and driving with a suspended license. Adams’ license has been suspended since August of 1995.

The 9 year old boy was released to his mother after she responded on the scene. When Clayton County rescue responded, the crossing guard was taken to Henry Medical Center. The guard had minor injuriesccording to early reports. Adams also was transported to a local hospital after feeling ill.

Officer Otis Willis, III, a spokesman for the Clayton County Police Department advised, “Adults need to be aware of the school season, and pedestrians, and be aware of their surroundings,” he added. “Slow down when you see a crossing guard, and render them the same respect that you would the law enforcement.”

Originally posted at InjuryBoard by M. Brandon Smith

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

20-year-old Eagan Woman Killed By Passing Car In St. Paul

Mike Bryant — Sun, 15 Nov 2009 23:18:40 GMT

Monday night, a 20 year old woman from Eagan was stepping on to W 7th street in St Paul when she was stuck and killed by a passing car. Sympathy goes out for all of those involved. Cause was still being determined by the St Paul Police.

A number of Injuryboard members have discussed pedestrian accidents and the issues that are often involved.

As with any death in a Minnesota motor vehicle collision, there are a number of issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Lawyers Trial magazine. I was interviewed last year on the same topic. In all of these cases sorrow for the families of those involved goes out.

Originally posted at InjuryBoard by Mike Bryant