Many dangerous factors in play during fatal Bay-Area bike crash

Posted on February 8, 2017 by wmlawyers

Here in the Bay Area, cars, bicyclists and pedestrians often need to share the same crowded streets. Unfortunately, motorists tend to have the final say when a given intersection is disputed. This, of course, results in a many bike and pedestrian accidents in Oakland and nearby cities.

But when such an accident occurs, it is not always immediately clear who or what is to blame. Does fault lie with the driver, the bicyclist or the intersection itself?

A fatal bicycle accident earlier this month in Woodside shows that blame for a crash is not always easy to determine. News sources say a 50-year-old woman was riding her bike down a steep hill with several sharp curves when she was struck and killed by a minivan. The 22-year-old driver of the van was making a turn toward the bicyclist's lane just as the bicyclist rounded a curve and came into view.

This collision occurred in the exact same spot where a similar fatal accident took place just two years ago. In that crash, a car struck a motorcyclist. A floral memorial still marks the spot.

Commenting on the recent accident, a woman who lives in the neighborhood said: "It's a very blind curve and bicycles come flying around that corner, and right before the corner there's a turn on Elk Tree Road and sometimes things happen too fast. People are driving 45 miles per hour on the road and there's no place for a bicycle to go."

The area is a popular place for bicyclists to ride. Therefore, the driver of the van arguably should have known to be extra cautious when traveling in the area. On the other hand, bicyclists also have their part to play in making sure that drivers can see them.

Yet another factor to consider is the area itself. A steep, curvy hill that doesn't allow drivers and bicyclists to see each other from a distance is a recipe for disaster. As such, the city should be doing all it can to make intersections in the area as safe as possible. This could include posting more warning signage, traffic lights and stop/yield signs.

After an injurious or fatal accident, victims and their families may not know exactly who to hold accountable. That's one reason why they need the help of an experienced personal injury attorney, who can help reconstruct the accident details and carefully assess liability.

Source: KGO-TV San Francisco, “Bicyclist killed in crash with minivan in Woodside,” Vic Lee, Sept. 18, 2013

What’s the best approach to reducing distracted driving rates?

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

Safety advocates and government regulators have been wrestling with one important question for quite some time: how can we reduce distracted driving on American roads? There is certainly the legal approach. California has some of the most comprehensive anti-distracted-driving laws in the nation.

There is also the technological approach. App makers and tech innovators are constantly introducing products that make it harder for drivers to use their cellphones behind the wheel. The only approach remaining is one that many seem skeptical about: public awareness and education.

A recent conference of the Governors Highway Safety Association included a panel discussion on the pros and cons of technology used on the road. Naturally, the problem of auto accidents caused by distracted driving was central to this discussion.

Researchers on the panel seemed to agree that while tech solutions and stringent enforcement of laws are both necessary, distracted driving will continue to be a major problem until or unless we can change the culture.

One panel member noted that “You can’t really talk about distraction and technology without considering the social context in which it happens because the social influences have always pushed bad behavior, even if you have good technology.”

Previous public awareness campaigns have arguably been effective, including the 1980s campaign to change public opinion on the use of seatbelts and the ongoing campaign to discourage Americans from drinking and driving. Some people still forget/refuse to buckle up and drunk driving is still a problem, but the majority of Americans now choose to buckle up and to drive sober.

On the other hand, most of the public already realizes that texting and other forms of distracted driving are dangerous. Yet the problem seems to be getting worse rather than better. Is distracted driving an issue we can solve through public awareness and safety campaigns? What do readers think?

Source: Huffington Post, “To Fix Distracted Driving, Experts Say Target The People, Not The Tech,” Bianca Bosker, Aug. 27, 2013

Car seat installation issues plague child safety efforts

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

Properly restraining children in age-appropriate car seats is critical to ensuring their safety during travel. However, child car seats have become so complex, heavy and difficult to install that many parents are unknowingly placing their sons and daughters in danger by installing them incorrectly. In other cases, parents become so frustrated with the complexity of newer seats that they choose to install older and less-safe seats instead.

It is vitally important for parents to purchase new, federally approved seats and seek assistance when installing them. Failure to do so could lead to preventable injury. When a young boy or girl is involved in an accident and must recover from serious injury suffered during childhood, the consequences of that injury may last a lifetime. Injury prevention through proper car seat installation is key to avoiding lifelong physical impairments as a result of accident-related injuries.

Many car dealerships, firefighter units, police stations and other community partners offer free car seat installation checks and assistance. Parents should seek out these resources each time their children grow into a new child safety seat. Federal statistics indicate that more children under the age of 13 die as a result of motor vehicle accidents than from any other cause. Taking the time to install car seats properly is therefore critical.

Parents who are skeptical that they might need such assistance should think twice. According to the National Highway Traffic Safety Administration, out of every four child safety seats installed in vehicles registered in the U.S., three are installed incorrectly and pose a safety hazard to the children that ride in them.

Source: New York Times, “Strapped In, but Still at Risk,” Stephanie Steinberg and Bill Vlasic, Oct. 11, 2013

Controversial safety protocol questioned after fatal BART accident

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

Perhaps the biggest transportation-related news here in Oakland of late is the recent train accident that killed two people. The two victims, an employee of Bay Area Rapid Transit and a contractor, were struck by a train traveling at least 60 miles per hour while they were inspecting a section of track.

The fatal train accident is particularly troubling for two reasons. First, it occurred during a transit strike; which means that normal BART operators would not have been controlling the trains. Second, the two workers were killed while inspecting the tracks under a controversial “simple approval” policy. This policy allows trains to run normally while essentially making workers entirely responsible for their own safety.

According to news reports, a more stringent safety measure would be to implement a “work order,” which is a protocol usually reserved for larger maintenance work and construction projects. During work orders, BART trains may be held, diverted or slowed down to better ensure safety in the designated work area.

The two men were inspecting a “dip” in the tracks. Under simple approval protocol, one of the men was supposed to be at least five feet away from the tracks and acting as a lookout for trains. It is not known why both men were simultaneously standing in the train’s path.

Just after the fatal accident, BART officials sent an interoffice memo noting that simple approvals have been indefinitely prohibited. The memo reads: “Effective immediately, simple approvals are not authorized. All access to right of way shall be accomplished with a work area that provides the crew protection from train movement.”

To be sure, a fatal accident like this one inevitably raises questions. For starters, why were transportation officials still allowing the use of simple approval? News reports say that another BART worker was killed in 2008 while operating under this protocol.

Some may also be wondering if the accident could have been prevented had the train been under the control of a more experienced operator. Certainly, these and other questions will be debated in the coming weeks and months as the accident investigation continues.

Source: San Jose Mercury News, “BART suspends ‘simple approval’ practice after fatal accident,” Matthias Gafni, Oct. 23, 2013

Drowsy driving risk multiplies with each fewer hour of sleep

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

A couple weeks ago, we wrote about a man who lost his life in a car accident while sleep-driving on the medication Ambien. This is one of the drug’s very rare side effects, but studies have shown that users of Ambien and other sleep aids may be too drowsy in the morning to drive safely.

Drowsy driving is the cause of (or a major contributing factor to) a significant number of auto accidents, and researchers are now attempting to determine both how to address the problem and which drivers are most at risk. According to the results of a study published this month in the journal Accident Analysis and Prevention, drowsy driving is most likely to affect individuals who routinely get less than six hours of sleep per night.

Researchers analyzed data from the world’s largest telephone survey; which is conducted by the Centers for Disease Control and Prevention. Americans age 18 and older were asked about their sleeping habits as well as asked to report how often they had driven drowsy in the past 30 days.

Those who reported getting six or five hours per night were compared to those who said they got seven hours of sleep each night; which was the apparent baseline figure. According to the results:

Individuals sleeping six hours per night were twice as likely to report drowsy driving
Individuals sleeping five hours per night were four times as likely to drive drowsy
Five- and six-hour per night sleepers who said that they always felt adequately rested were nonetheless three times more likely to drive drowsy than those sleeping seven hours per night

One of the study’s co-authors noted that “Falling asleep at the wheel is a major cause of road accidents. It might even be more of a problem than drunk driving, since it is responsible for more serious crashes per year.”

Because of America’s “work hard play hard” culture, many people view sleep deprivation as a badge of honor rather than a health and safety risk. If we want to reduce the rate of car accidents, however, this attitude has to change.

Source: Claims Journal, “Short Sleepers Most Likely to Be Drowsy Drivers,” Oct. 2, 2013

Powerful documentary shows real consequences of texting & driving

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

California schools have been back in session for just over a month now. If they haven’t done so already, many high schools will be showing a new documentary that sends a powerful and compelling message. That message is: It only takes a few seconds to end your own life or someone else’s by texting and driving.

Acclaimed filmmaker Werner Herzog was commissioned by AT&T and several other communications companies to create the documentary titled “From One Second to the Next.” The full-length version is about 35 minutes long, but a shortened version has been distributed to approximately 40,000 U.S. high schools.

Laws against distracted driving are necessary but they have done little on their own to reduce this dangerous behavior. Documentaries like Herzog’s, on the other hand, are effective because they personalize the potential consequences. The film tells the stories of several injurious and/or fatal auto accidents caused by texting drivers.

Moreover, the drivers who caused those accidents are interviewed. Their words and facial expressions convey how difficult it is to live with the guilt of knowing that you permanently injured or killed someone else with a momentary lapse in judgment.

Personalization and emotional appeals are the same messaging techniques that have made it socially unacceptable to drink and drive. Rules and laws can seem abstract, especially to teen drivers. In order to really get the message across, it is important to create a feeling of empathy in the viewer.

Hopefully, documentaries like Herzog’s “One Second to the Next” will become standard viewing at high schools in California and across the nation. If you’d like to watch the documentary yourself or share it with someone else, the full version is available on YouTube.

Source: Santa Clara Valley Signal, “The tragic epidemic of distracted driving,” Cokie and Steven V. Roberts, Sept. 3, 2013

Preventing fall accidents this Halloween

Posted on February 8, 2017January 26, 2021 by wmlawyers

Days are getting shorter, and evenings are darker. Cooler weather is settling in, and pumpkins adorning porches throughout the Bay Area await their transformation into Jack-o’-lanterns. Halloween is just around the corner.

Next week, pint-sized superheroes, aliens, monsters and princesses will be walking up and down our neighborhood streets and onto our front porches. As fun as Halloween is for everyone, it is important for homeowners and parents to remember some safety tips to prevent accidents this year.

Fall accidents are all too common while trick-or-treating. After all, kids are walking in unfamiliar locations, often after dusk. It is important to remember this when decorating outdoors. Homeowners should keep walkways and stairs free from obstacles that could cause a trip and fall accident. The obstacles can include candles, pumpkins and other outdoor decorations.

This sort of precaution may seem like common sense, and the law agrees. Under the law, homeowners have a duty to keep their property in a safe condition and free from the sort of dangers that could cause an injury to their guests. Legally speaking, trick-or-treaters are considered guests, and property owners owe them a duty to keep them safe.

With the low-visibility conditions that are often part and parcel of the trick-or-treating experience, the costume itself is also an important concern, especially where masks are involved. Many great costumes come with masks, and parents should make sure that masks do not get in the way of a child’s vision. If they do, one safety tip is to expand the eye openings on masks so that kids can see where they are going.

With these tips in mind, Halloween can a safe and happy experience for everyone.

Source: Press-Citizen.com, “Iowa City PD shares trick-or-treat safety tips,” Oct. 22, 2013

2012 accident data shows rise in pedestrian, bicyclist deaths

Posted on February 8, 2017 by wmlawyers

Although we are already nearing the end of 2013, it takes time to compile national statistics. That's why it was only recently that the National Highway Traffic Safety Administration released its report on motor vehicle crash data from 2012. Unfortunately, the data reveals that auto accident fatalities increased in 2012 for the first time in six years.

Many people in the Bay Area will be particularly troubled to learn that fatal pedestrian accidents increased for the third consecutive year, including a 6.4 percent increase from 2011 to 2012. The rate of bicycle accident fatalities was the highest it has been in six years. Bicycle deaths were up 6.5 percent from their 2011 rate.

It may be impossible to pinpoint the exact reasons why road deaths are on the rise, but the New York Times did include some interesting NHTSA findings in a recent article. Fatal pedestrian accidents primarily occurred in urban areas but not necessarily at intersections. Additionally, fatal accidents involving pedestrians were more likely to happen at night and to involve alchol.

As with pedestrian fatalities, bicyclist deaths were concentrated in urban areas but were "away from intersections," according to the Times.

An analysis of the NHTSA's state-specific data shows that California had 41 more traffic fatalities in 2012 than in 2011. That represents a 1.5 percent increase from year to year.

With so many bicyclists and pedestrians here in the Bay Area, these statistics should serve as a wake-up call to safety officials. Any increase in the injury and fatality rate, no matter how small, is a step in the wrong direction.

Source: New York Times, "N.H.T.S.A. Reports Increased Traffic Deaths," Cheryl Jensen, Nov. 15, 2013

Data shows parents play a large role in teen driver safety

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

If you’re the parent of a teenager who has reached or is about to reach driving age, you likely have at least some fear about their safety behind the wheel. Teen drivers tend to have higher accidents rates than other age groups due to inexperience and behavioral traits like impulsivity.

The good news is that as a parent, your influence is more powerful than you probably realize. According to the Governors Highway Safety Association, the most important factor in preventing teen-driver auto accidents is parental involvement.

Specifically, you should help your teen gain skills and earn driving freedoms over time by taking advantage of California’s graduated driver licensing laws. Every state has a GDL program in place, and these laws are associated with a 20-40 percent reduction in car accidents among teen drivers.

However, these programs work best when parents are involved. The deputy executive director of the GHSA explained that “GDL isn’t just a state or police program, it’s a parent program. When parents understand how and why GDL works to address their novice drivers’ crash risk and partner with their teens to enforce the proven provisions associated with these programs, good things happen.”

According to the GHSA, parents who monitor their teen drivers supportively and set clear driving rules can make a huge difference in their child’s safety behind the wheel. Teen drivers with involved and supportive parents are:

71 percent less likely to drive under the influence of alcohol or drugs
50 percent less likely to be involved in a car accident
50 percent more likely to wear a seatbelt
30 percent less likely to use a cellphone behind the wheel
Less likely to speed

If these statistics have your attention (and they should), then you’re ready to help your teenage son or daughter become a better and safer driver. Please take a few moments to educate yourself about California’s GDL program and how you can help your teen get the most out of it. Then, set clear rules and expecations for all drivers in the family to follow.

Source: Forbes, “Teens With Parents Who Set Driving Rules 71% Less Likely To Drive Drunk, GHSA Says,” Tanya Mohn, Oct. 22, 2013