Awe turns to panic when fireworks fall into Simi Valley crowd

Posted on February 8, 2017January 26, 2023 by wmlawyers

Citizens and tourists alike were invited to fireworks displays that were put on across the nation this past Independence Day holiday and following weekend. These ranged from small events on private property to huge gatherings on public land, but every single one of these events had more in common than just the exploding lights.

Each property owner had a duty to those that they invited onto their premises. That duty was one of reasonable care to help keep their guests safe from injury. Officials in Simi Valley are investigating whether or not this duty was broken at a fireworks show this Fourth of July.

Guests waited in anticipation at the Simi Valley Rotary Club for the fireworks that would prompt a chorus of ooohs and aaahs from the crowd that was estimated to be somewhere between 8,000 and 10,000. But that excited anticipation quickly turned into panic when everything went wrong and fireworks fell into the crowd.

When the smoke cleared, it was determined that a minimum of 35 people were injured. Injuries ranged from minor shrapnel wounds to much more serious burn injuries suffered by all ages from infants to the elderly. Some even reported avoiding injury from the explosion but experiencing severe trauma from fleeing watchers.

The California Occupational Safety and Health Administration will be assisting with the investigation. The final report has not been released, but investigators have announced their suspicions that the problem may have lied with an unsafe launching station that toppled over during the show and changed the tragectory of the explosives.

Source: Reuters, “California fireworks accident hurts dozens, probe underway,” Alex Dobuzinskis, July 5, 2013

DUI arrests on the rise in LA County

Posted on February 8, 2017January 26, 2023 by wmlawyers

Summertime is one of the most dangerous times to be out on California’s roads, and the Fourth of July holiday weekend is actually one of the deadliest times to be out there. This is, in part, due to an increased number of people drinking and driving during the summer and over the holiday.

Law enforcement agencies in California have continued to crack down on drunk driving in an effort to prevent car accidents. In fact, our state leads the nation when it comes to sobriety checkpoints. Additionally, California is currently experiencing a decline in drunk driving fatalities, which is great news.

Over the Fourth of July holiday weekend, authorities in LA County made a whopping 43 percent more arrests this year than they did last year. About 490 people were arrested on suspicion of DUI this year, while only 343 were arrested last year.

It is good to see our law enforcement agencies working hard to keep drunk drivers off of the roads before they injure, or even kill, someone in a car accident.

When drunk drivers do cause car accidents in California, they can be held responsible both criminally and civilly. The criminal process is handled by the police and the state, while victims and their families are in charge of the civil process. The civil process allows victims to recover compensation for medical expenses and other damages caused by the accident.

Those who are injured in an Oakland drunk driving car accident may wish to seek legal counsel in order to pursue civil action.

Source: NBC Southern California, “LA County July 4 DUI Arrests Jump More Than 40 Percent,” Jason Kandel, July 8, 2013

What role do pedestrians play in distraction-related accidents?

Posted on February 8, 2017 by wmlawyers

We have previously written about the dangers of being a pedestrian in Oakland and neighboring cities. Many of the streets in the Bay Area were designed solely with automobile traffic in mind, thus making them unfriendly to pedestrians at best and deadly at worst.

Poorly timed lights and crosswalk signals, very wide streets and high speed limits are all factors that make pedestrian accidents more likely. Beyond that, however, there is also the component of individual responsibility. In a busy city like Oakland, for example, both drivers and pedestrians need to realize how their inattention could put themselves and others at risk.

Many studies have confirmed that distracted driving is dangerous, but what about distracted walking? Yes – it does exist, and it's a bigger problem than most people realize. According to one study, about a third of pedestrians don't even look up from their phones when crossing busy streets.

And texting is not the only issue. Talking on a cellphone can be dangerous for pedestrians, too. Researchers at Ohio State University studied car/pedestrian accident data from incidents that occurred between 2004 and 2010. Of the distraction-related injuries that occurred during this time, 69.5 percent were attributed to talking on a cellphone.

In any major city, interaction between automobiles and pedestrians is inevitable. And when distraction is thrown into this already chaotic mix, the risk of injuries and fatalities climbs sharply. That's why every traveler – driver and pedestrian alike – needs to understand that safety doesn't just happen. It must be a continual and conscious choice.

Source: The Atlantic, "Study: 'Distracted Walking' Causes More Injuries Than Distracted Driving," Lindsay Abrams, June 20, 2013

Banning some breeds won’t help prevent dog bites, president says

Posted on February 8, 2017January 25, 2021 by wmlawyers

There is a reason that dogs have earned the title of “man’s best friend.” Dogs make lovable pets; and in many households, dogs are just as much a part of the family as their human counterparts. But dog ownership is a big responsibility, especially if the dog you own has shown aggressive or violent tendencies.

Dog bites and attacks are all too common, and such incidents are often at the heart of personal injury lawsuits. At times, these attacks can even be fatal. In order to prevent dog bites, communities in states around the country have enacted bans on certain breeds of dogs commonly thought to be “too violent” for ownership; particularly pit bulls. But is a breed-specific ban on dog ownership the most effective way to solve the problem? Many people don’t think so, including President Obama.

Recently, the Obama Administration released a public statement opposing laws and ordinances banning or restricting certain breeds of dogs. The statement begins by saying: “We don’t support breed-specific legislation — research shows that bans on certain types of dogs are largely ineffective and often a waste of public resources.”

To bolster its argument, the White House cited a 2000 study by the Centers for Disease Control and Prevention. After analyzing 20 years of dog-bite data from around the U.S., the CDC concluded that it’s basically impossible to calculate specific rates of dog bites by breed. Additionally, the likelihood of a given dog becoming violent is more dependent on how it was raised than what breed it belongs to.

Moreover, it’s important to remember that regardless of whether a dog has shown violent tendencies, it is up to each dog owner to make sure that their pet is properly contained on their property. Even violent dogs cannot harm passersby if they are safely chained up in the yard or fenced in.

Dog attacks are a problem in California and across the country. But rather than passing ineffective and discriminatory bans on entire breeds of dogs, we need to place blame where it truly lies: with irresponsible and negligent dog owners.

Source: Huffington Post, “Obama Comes Out Against Dog Breed-Specific Legislation, Joins The Fight For Pit Bulls,” Arin Greenwood, Aug. 20, 2013

CA authorities: hit-and-runs should not be called ‘accidents’

Posted on February 8, 2017 by wmlawyers

Most of California’s major metropolitan areas are filled with pedestrians and bicyclists as well as cars and trucks, and the Bay Area is no exception. Despite this, however, it is clear that motor vehicles rule the road.

In addition to the fact that these larger vehicles pose a threat to pedestrians and bicyclists, law enforcement agencies often fail to investigate pedestrian accidents with the same care and concern they give to auto accidents.

Some cities are working to change that. In Los Angeles, for example, city officials recently announced their intention to reduce the city’s estimated 20,000 hit-and-run accidents each year. The first step in their plan is simple but important: they want to stop referring to hit-and-run collisions as “accidents.”

This is an important change for a number of reasons. First, an injurious or fatal crash may indeed be an accident (although many are preventable). But as soon as a “hit” becomes a “hit-and-run,” it turns into a crime.

By reminding people that a hit-and-run crash is a crime, city officials are hoping to encourage more citizens to report these collisions; particularly when pedestrians and bicyclists are injured or killed.

The change is also important because if more hit-and-run crashes are reported as crimes, law enforcement agencies will face greater pressure to investigate individual incidents.

If you have been injured by a negligent hit-and-run driver, remember that you do have options for justice beyond whatever criminal charges may be filed. An experienced personal injury attorney can explain your rights and help you pursue appropriate compensation.

Source: L.A. Times, “City leaders try to change people's mind-set on L.A.'s hit-and-runs,” Ari Bloomekatz, July 26, 2013

First Toyota acceleration lawsuit goes to trial in California

Posted on February 8, 2017January 26, 2023 by wmlawyers

California readers no doubt remember the Toyota “sudden unintended acceleration” scandal that dominated the news a few years ago. While the story hasn’t received much media attention lately, that may soon be changing.

Late last month, jury selection began on the first Toyota sudden acceleration lawsuit to go to trial. The lawsuit is on behalf of a California woman who was killed in an auto accident in August 2009 when her Camry crashed at high speeds on a city street.

The accident occurred in the Los Angeles suburb of Upland, California. The 66-year-old woman’s family described her as an overly cautious driver who was afraid of driving fast. On the day of the crash, she was out running errands that included grocery shopping.

According to the lawsuit, the woman was driving on a street with a 30-mph speed limit when her Camry suddenly began climbing to speeds of up to 100 mph. Witnesses on the street that day saw the woman’s brake lights flashing on and off and also heard the roar of the engine. She was able to swerve to avoid hitting other vehicles, but her car eventually went up onto the median and struck both a telephone pole and a tree.

Toyota continues to deny that its vehicles suffered from a mechanical defect that caused unintended acceleration. Instead, the automaker attributes accidents to things like driver error, sticky accelerators and floor mats that caused the gas pedal to become trapped.

It is unclear if the plaintiffs’ attorneys will try to prove that there was indeed a mechanical defect. However, they will likely focus their arguments on the fact that Toyota did not include a brake override system in its American cars that was included in those sold in Europe.

An attorney representing the woman’s husband and son commented that “Toyota decided to make safety an option instead of a standard on their vehicles. They decided to save a few bucks, and by doing so, it cost lives.”

As the first sudden acceleration lawsuit to go to trial, the outcome of this case could prove highly influential to the rulings in future cases. Hopefully, justice will prevail for all victims who suffered injury or death as a result of Toyota’s negligence.

Source: USA Today, “First Toyota sudden acceleration case to begin,” Greg Risling, July 21, 2013

Study says hands-free tech isn’t a solution to distracted driving

Posted on February 8, 2017January 26, 2023 by wmlawyers

We have previously written that California has some of the most stringent anti-distracted-driving laws in the nation. The majority of states have banned texting while driving, but California is one of about a dozen states to prohibit all drivers from using handheld cellphones behind the wheel.

In order to remain in compliance with this law, drivers and auto manufacturers have turned to Bluetooth technology and voice-activated commands built right into the vehicle. Thus, the driver’s hands can stay on the wheel and their eyes can stay on the road. In theory, this should solve the problem, right? Actually, a recent study reveals that using such technology might actually be more likely to cause an auto accident than talking on a handheld cellphone.

Earlier this summer, the American Automobile Association’s Foundation for Traffic Safety published a study showing that voice-activated technology is not a safe alternative to talking on a handheld cellphone. In fact, it actually increases a driver’s mental workload and is ultimately more distracting and dangerous than having a conversation on a handheld phone.

Driving distractions can be broken down into three categories: visual, manual and cognitive. In short, a distraction is anything that takes your eyes off the road, your hands off the wheel or your mind off the task of driving.

While voice-activated technology may reduce your visual and manual distractions, it greatly increases cognitive distractions. Performing hands-free tasks such as sending a voice-activated email or text requires much more concentration than simply talking on a handheld phone.

Therefore, using voice-activated technology may cause “inattention blindness.” This means that you are seeing the road in front of you but not actually processing or paying attention to what you see.

It is important to remember that hands-free is not equal to risk-free. In light of this, a distracted driver who causes a car accident cannot necessarily escape liability just because they were using a hands-free device.

If you or a loved one were seriously injured by a distracted driver (of any sort), you may wish to speak to an experienced personal injury attorney who can help you understand your rights and options.

Source: TheDay.com, “AAA study: When driving, hands-free does not equal risk-free,” Izaskun E. Larrañeta, June 13, 2013

The costs of drunk driving accidents are too high to calculate

Posted on February 8, 2017January 26, 2023 by wmlawyers

Americans have a love affair with alcohol. We associate it with nearly every major holiday and celebration; we drink it while watching sports; and social rituals surrounding drinking are almost too numerous to count.

For the most part, enjoyment of alcohol is just fine. Many of us can drink in moderation and make beer, wine and liquor part of an event rather than the event itself. But binge drinking is another story. It leads to all kinds of serious economic and non-economic consequences. In fact, the Centers for Disease Control and Prevention recently released a report showing that in 2006 alone, excessive drinking cost the U.S. $223.5 billion. That amounts to a median cost of $2.9 billion per state; a figure which was almost certainly higher here in California.

In order to tally the economic consequences of binge drinking, the CDC focused on things like lost productivity, health costs, property damage and criminal justice expenses. Why is this all relevant to a personal injury blog, you ask? That can be answered in three words: drunk driving accidents.

Drunk drivers are undoubtedly a significant portion of that $223.5 billion in annual costs. They damage vehicles, which drives up auto insurance rates. They cause injuries to themselves and others, which increases health insurance premiums and can also result in massive out-of-pocket medical costs.

Those charged with driving under the influence also put a huge financial strain on the legal system; especially those who rack up multiple DUI offenses.

But drunk drivers cause more than just economic damages. They kill and permanently disable innocent people. You can’t quantify in dollars and cents the costs of shattered lives and broken families.

You can’t put a price tag on the grief of losing a loved one. But you can nonetheless hold drunk drivers responsible for the consequences of their negligent and selfish actions. In addition to seeking criminal charges against drunk drivers, many victims and their families choose to pursue personal injury and wrongful death lawsuits.

Source: ModernHealthcare.com, “Annual cost of excessive drinking $223.5B, CDC says,” Steven Ross Johnson, Aug. 13, 2013

Elderly drivers increase while teen drivers drop, study says

Posted on February 8, 2017January 26, 2023 by wmlawyers

There are good and bad drivers in every age group. Statistically speaking, however, the two age groups that are most dangerous behind the wheel are teenagers and elderly motorists. Teenagers tend to be more likely to be involved in car accidents due to inexperience and age-related traits like impulsivity.

On the other hand, older drivers often have a lot of experience but tend to suffer from age-related maladies including failing eyesight and slower reaction times. The results of a recent study highlight trends among both of these groups that could affect auto accident rates here in California and across the country.

A recent study from the University of Michigan found that since 1983, the rate of elderly drivers has increased significantly while the rate of drivers who get their license at age 16 has declined. In 1983, only 55 percent of Americans age 70 or older continued to drive. Today, about 78 percent of Americans in this age group still have their driver’s license.

The study also showed that fewer teenagers than in the past are opting to get their license as soon as they become eligible. In 1983, about 50 percent of 16-year-olds had their driver’s license. Today, the rate of licensure among 16-year-olds has dropped to approximately 31 percent.

Neither of these statistics are predictive in and of themselves. That is to say, the car accident rate won’t necessarily skyrocket simply because there are more elderly drivers on the road. However, the trend among teen drivers does have some safety advocates concerned.

The majority of states require teen drivers to participate in a graduated driver licensing program. While each state has slightly different GDL requirements, these laws initially restrict the freedoms of newly licensed teens and then relax those restrictions as they gain experience.

But those who wait to get their license until they turn 18 do not always participate in a GDL program. This means that although they are not significantly older or any more experienced than 16-year-olds, they won’t get to take advantage of the safety net provided by GDL laws.

If the trend among teen motorists continues, states will hopefully respond by changing GDL requirements to apply to a wider age group of newly licensed drivers.

Source: WKYT.com, “Study shows increase in elderly drivers,” Aug. 26, 2013

Man dies in car accident while sleep-driving on Ambien

Posted on February 8, 2017January 26, 2023 by wmlawyers

We have previously written about the growing public awareness surrounding prescription drugs and how they can impair driving ability. One of the drugs most associated with this problem is the sleep aid Ambien. Earlier this year, the Food and Drug Administration warned Americans that many people who take Ambien to fall asleep at night may still be too groggy to drive safely the next morning. This increases their likelihood of causing an auto accident.

There are also rare but serious cases in which people engage in activities during Ambien-induced sleep that go far beyond sleep-walking. Some reported activities include eating, having sex and even driving.

A fatal car accident that the took the life of a North Carolina man in May of this year appears to have been caused by an episode of sleep-driving. According to a news interview with his daughter, the man was prescribed Ambien to help him with insomnia caused by grief over the recent death of his wife.

The woman told reporters that as she was painting his upstairs bathroom one night, she heard her father call up the stairs to her. He was asking her where his car keys were. She told him and he left the house without saying anything else. What she didn’t realize is that he had been asleep during their brief conversation.

The man drove for seven miles, asleep in his pajamas behind the wheel. He eventually came to a bend in the road but continued driving straight ahead. He was killed when his car struck a tree and burst into flames.

A toxicology report revealed that in addition to Ambien, the man had also taken the painkiller hydrocodone. Mixing the two drugs may be partially to blame for his sleep-driving episode, but it is unclear what role drug interaction played.

Health professionals say that patients should be carefully evaluated before being prescribed Ambien or other drugs for insomnia. Additionally, it’s important to closely monitor a loved one who takes sleeping aids to make sure they don’t suffer from these rare but serious side effects.

Sadly, this man’s family learned that valuable lesson a little too late.

Source: WRAL.com, “Franklin family spreads warning about sleep aids, side effects,” Sept. 9, 2013