Author: wmlawyers

Are you among the millions of California residents with an early-morning commute? Do you sometimes work long hours that have you driving home late at night? Do you find yourself on “autopilot” while traveling after a stressful day at the office?

If so, you may be in more danger than you think. Oakland residents often hear about the dangers of distracted driving, but a new study shows that fatigued driving accounts for about 20 percent of auto accidents.

Previous studies and surveys had concluded that fatigue was responsible for only about 2-3 percent of car accidents, but many of these studies were flawed. A recent study from the Virginia Tech Transportation Institute allowed researchers to observe hundreds of volunteer drivers during their actual commutes with nearly no interference from the researchers themselves.

Drivers were monitored for a period of time by a variety of sensors and unobtrusive cameras installed in their vehicles. After thoroughly examining the data, researchers concluded that drivers between the ages of 18 and 20 were the most likely to suffer fatigue-related crashes. Interestingly, researchers also found that more fatigue-related crashes or near-crashes occurred during the day than at night.

Commenting on the study methods and results, one researcher said: “The study allowed us, for the first time, to observe driver behavior just prior to a crash. In 20 percent of all crashes and 16 percent of all near crashes, the driver was showing fatigue. We saw eye-lid closure, head bobbing, severe loss of facial musculature, micro-sleep – which is when your eyes drift shut and then pop up. This was not just yawning. The drivers were asleep.”

Because Americans work so hard and put in such long hours, most of us are used to being tired or fatigued as a matter of course. But as this study shows, being awake and alert is not just important at the office. A fatigued commute is much more dangerous than most people realize.

Source: Insurance Journal, “Driver Fatigue Causes 20% of Auto Crashes: Study,” Susan Trulove, Apr. 15, 2013

Law enforcement officers must often make split-second decisions when they are called into action. That’s why it is not unusual to see a patrol car suddenly make a U-turn, throw on its lights and siren and begin speeding toward whatever emergency the officer has been called to.

Because officers must make these split-second maneuvers in traffic, it is understandable that auto accidents are sometimes an unavoidable consequence. It is a far different story, however, when law enforcement officers speed and drive recklessly simply because they can. Officers who think traffic laws don’t apply to them are sometimes the most dangerous drivers on the road.

A criminal trial and a separate civil lawsuit are pending against a Southern California sheriff’s deputy who killed two pedestrians in a December 2011 crash. He has been charged with two counts of felony vehicular manslaughter for fatally striking two individuals as they pushed a motorcycle along the side of the road.

According to news reports, it was revealed in a recent court hearing that the sheriff’s deputy had been formally reprimanded by the sheriff’s department for speeding and reckless driving in the months prior to the fatal accident. If this evidence is ultimately admitted into proceedings, it will likely be very influential in both the criminal trial and the civil lawsuit filed by the families of the victims.

California Highway Patrol officers testified that on the day of the crash, the defendant was driving at speeds in excess of 80 miles per hour. Furthermore, his lights and siren were not activated and he was traveling through an area that he knew to have a lot of pedestrian traffic.

Just four months earlier in September 2011, the sheriff’s deputy had been formally reprimanded and warned for similar driving behaviors. The sheriff’s department had reprimanded him for scratching a patrol vehicle. He was also warned at the time that reckless driving and speeding endangered his life and the lives of others.

The fact that the defendant went on to cause a fatal pedestrian accident just four months after being warned is telling. Speeding and reckless driving are not tolerated among ordinary citizens, and law enforcement officers should be held to an even higher standard of conduct. When officers continually drive in a reckless manner simply because they can, it is not just an abuse of power. It is also an accident waiting to happen.

Source: The Bakersfield Californian, “Deputy charged in pedestrians’ death had previously been reprimanded,” Jason Kotowski, May 2, 2013

While there is no accounting for small preferences like color or souped-up speakers, most Americans are looking for the same things when buying a new car. Chief among these is safety. It doesn’t matter how cool a car looks if it doesn’t protect you during a crash.

Auto manufacturers and government regulators put new vehicles through rigorous safety testing. But since we are not all the same size and shape, we might not all fare the same in an Oakland auto accident. For instance, very young children and the elderly have different safety needs than average adults in relatively good physical condition. For this reason, the National Highway Traffic Safety Administration wants to add two more categories to its New Car Assessment Program (NCAP).

The NHTSA’s proposed “silver” rating would help older drivers choose a car based on their unique safety needs. Approximately 16 percent of U.S. drivers today are 65 or older. By the year 2025, that figure is expected to rise to 20 percent. Elderly drivers are less able to withstand crash forces than younger drivers are, which is why older drivers have the highest death rate in serious accidents.

Unfortunately, there may not be any uniform safety features that would apply to all older drivers equally. That’s why the future of safety features for elderly drivers might be options that compensate for specific health problems, such as arthritis.

The NHTSA also wants to add a “families” rating to its assessment program. The ratings would largely be based on how well a given vehicle protects back-seat passengers in addition to those riding in the front. Because children most often ride in the back of a vehicle, this new safety rating could be a huge selling point for parents shopping for a new family vehicle.

As long as there are cars, there will likely be car crashes. Thankfully, though, targeted efforts by the NHTSA and others have led to new technologies which have made crashes not only more avoidable, but also more survivable.

Source: Washington Post, “NHTSA Proposes Older Driver, Family Vehicle Safety Ratings,” Suzanne Kane, Apr. 9, 2013

You hear a lot about distracted driving causing accidents, and it’s true that texting and other forms of distraction are responsible for many motorist injuries and deaths. Aggressive driving, on the other hand, does not receive as much attention, but can be just as deadly.

When you’re driving down an Oakland highway with traffic flowing freely, try driving the speed limit; you’ll probably find that just about every other driver is whizzing by you. The National Highway Traffic Safety Administration reports that speeding is a contributing factor in nearly a third of the fatal accidents that occur on our nation’s roads.

Of course, speeding is not the only dangerous behavior some drivers engage in. Aggressive driving behaviors like following too closely or making improper lane changes can also cause or contribute to accidents.

Aggressive driving is neither highly policed nor highly publicized, but it has the potential to cause great harm. Speeding causes drivers to have less reaction time to try to avoid accidents, and also increases the energy in a car crash, potentially leading to more serious injuries or even causing deaths. Likewise, following closely leaves little time for drivers to react to unexpected conditions, and cutting people off can be alarming and dangerous for other drivers.

If a driver causes a car accident through aggressive driving, victims may be able to hold the driver or his or her insurer accountable for resulting damages. Driving safely is not just a matter of common courtesy, it is a duty of everyone who operates a motor vehicle.

Source: The Oakland Press, Oakland County police agencies targeting aggressive drivers along I-75, John Turk, June 12, 2013

Because California has pretty good weather all year, many Californians won’t notice much of a shift between spring and summer. Unless, of course, you’re among the large group of California residents who suffer from seasonal allergies. If so, you probably can’t help but notice that summer is in the air as well as in your sinuses.

Since this is a personal injury blog, you might be wondering what allergies have to do with things like auto accidents? Well, one possible connection could be that a sneezing fit behind the wheel might send you right off the road. But a more clear and present danger actually comes from the medications you take to control your seasonal allergies.

The Food and Drug Administration recently issued a reminder to allergy sufferers who take antihistamines that these drugs can cause drowsiness, haziness, mild confusion and slowed reaction time. Those who experience these symptoms behind the wheel are obviously at a higher risk of a car accident.

Consider this: one of the most popular antihistamines, called diphenhydramine, is sold commercially as Benadryl. It can cause such a feeling of drowsiness that hospitals sometimes give it to patients who have trouble falling asleep.

If you have suffered from seasonal allergies for several years, you have probably found a medication that works well without unintended side effects such as drowsiness. If you ever run out and temporarily need to switch brands or medications, pharmacists strongly urge that you read labels carefully. Products could look similar but have very different doses of the active ingredient.

On one hand, it seems kind of silly to be worrying about allergy medicine and how it could affect our driving. On the other hand, impairment isn’t something to be trifled with. Most of us would never dream of getting behind the wheel while drunk, yet drowsy driving can be nearly as dangerous.

In the end, it’s best not to risk it. Please take time to educate yourself about the medications you take and how they may affect you.

Source: CBS News, “FDA: Allergy medications may make you too drowsy to drive,” Ryan Jaslow, June 1, 2013