Los Angeles- Orange County Accident and Injury Blog

Kentucky Collision Demonstrates Tragic Consequences of Trucking Accidents

2010-03-29T16:52:00.000-07:00

Just before sunrise on March 26th, on a hilly stretch of Kentucky Interstate 65, a tractor-trailer loaded with auto parts drifted out of its lane, roaring over a median, passing into the northbound lanes of the highway, and striking a passenger van head-on.

The van carried a group of members of a Burkesville Mennonite church, who were headed north for a wedding that weekend in Iowa. The passengers included a recently-engaged couple and members of their family, accompanied by several children and grandchildren. Of the 13 total passengers, only two survived. When his vehicle smashed into a rock wall and burst into flames, the driver of the commercial truck was also killed.

Reports called the crash "one of the deadliest traffic accidents in recent Kentucky history." Leroy Kauffman, pastor of the victims' church said, "We're experiencing a lot of heartache and a lot of sadness." State officials offered their sympathies to the victims and their families; Governor Steve Beshear was quoted as saying "Our entire state grieves," while the senate observed a moment of silence. Meanwhile, representatives of the National Transportation Safety Board (NTSB) began an in-depth investigation into the cause of the crash, examining not only the background of the truck driver, but the company that employed him, and any road conditions that might have contributed to the collision.

The trucking company involved in Friday's crash had a relatively strong record; the Associated Press noted that "according to the Federal Motor Carrier Safety Administration's online records, the company's 25 trucks and 30 drivers had been involved in two crashes in the past two and a half years, and only one of those resulted in any injuries." However, because trucks have such limited visibility and awkward maneuverability, their drivers must be especially vigilant, operating with an exceptional level of caution and care. Lack of training, the influence of drugs and alcohol, or even simple exhaustion (the crash occurred at approximately 5:30 AM) can be enough to cause an accident.

Due to the tremendous size and weight of commercial trucking vehicles, even seemingly minor collisions can have devastating consequences; the dangers of such a crash are multiplied ten-fold on a major highway such as I-65. Indeed, spokeswoman for the Kentucky Transportation Cabinet Ann Gibson noted that "cable-barriers" had recently been installed on that section of highway, so as to discourage and prevent vehicles from crossing over the median. However, such an impediment would have been insufficient in stopping or slowing a truck like the one that crossed over Friday morning.

Regardless of the NTSB's final determination as to the cause of the accident – and with whom the resulting liability rests – this tragic example underlines the extreme dangers present on highways and interstates across the country. If you or a loved one has been harmed in an accident with a tractor-trailer or other commercial vehicle, seek out experienced representation that can help you right the wrong that has been done. Personal injury lawyer James R. Gillen has a wealth of experience handling cases arising from crashes of this type; to learn more about his work in this area of law, please visit the auto and trucking accident page of Mr. Gillen's website.

Many Questions Remain in Toyota Floor Mat/Sudden Acceleration Recall

2009-12-01T15:31:00.000-08:00

After a San Diego, California family of four lost control of their Lexus vehicle and died in an August 2009 accident, Toyota could no longer ignore the complaints of cars suddenly and uncontrollably accelerating. The National Highway Traffic Safety Administration (NHTSA) estimates that the problem has caused at least 15 deaths, more than 200 accidents, and given rise to potentially thousands of complaints.

Responding to the San Diego accident, in September Toyota recalled 3.8 million Toyota and Lexus vehicles from model years 2004 to 2010 and identified the problem as being caused by problems with both the floor and floor mat designs. In some cases, if a floor mat is not properly fitted to a particular car and not properly secured to the floor, it can interfere with the gas pedal, which then becomes jammed. This can cause the car to accelerate suddenly, even when the driver steps on the brake. In some cases, the acceleration was reported to be as fast as 100 miles per hour.

The recalled cars include the following models:

2007-2010 Toyota Camry
2005-2010 Toyota Avalon
2004-2009 Toyota Prius
2005-2010 Toyota Tacoma
2007-2010 Toyota Tundra
2007-2010 Lexus ES350
2006-2010 Lexus IS250 and IS 350

Toyota is investigating several solutions, including redesigning the floor mats and floor design in the affected models and installing a feature that would prevent the car from accelerating if the brake pedal is depressed. However, in many cases, the damage has already been done. At least seven lawsuits have already been filed around the country, and many more are likely to arise over the coming months.

Questions Remain

While Toyota maintains the problem is with the floor mats and not a defect with the electronic throttle system, at least one fatal accident occurred in a 2005 Camry where the floor mats had been removed from the car. The NHTSA is still investigating the problem and has suggested that there may be underlying defects in the design of the gas pedal and the driver's foot well that might also be contributing to these dangerous accidents. Additionally, the existence of push-button ignition and the fact that the braking system seems to lose most of its power when the throttle is fully opened may be other contributing factors.

Another remaining question is how long Toyota has known about the problem before doing anything. Some allege the manufacturer had been aware of the potential for sudden acceleration for years and that Toyota started receiving complaints as early as 2002. In fact, since 2003 the NHTSA had investigated sudden acceleration claims eight times.

If you or someone you love has been involved in an accident that might have been caused by the floor mat sudden acceleration defect, seek an experienced and knowledgeable personal injury attorney to protect your and your loved ones' rights. To obtain the compensation that you deserve, contact The Law Offices of James R. Gillen today for a consultation.

California Jury Awards $49 Million in Truck Accident Case

2009-10-08T12:38:00.000-07:00

A California jury in a case involving a former college student, Drew Bianchi, who was seriously injured in a trucking accident collision that left him severely brain damaged, awarded Bianchi $49 million in damages. The jury found that the two truckers who were involved in the accident, and the state, were responsible for Bianchi's injuries.

The accident occurred in May 2007, when Bianchi, a passenger in the back seat, was in a Toyota Avalon with three other friends. Bianchi and his friends were headed to a camping trip and were traveling down highway 152 through the Pacheco Pass, which is about 25 miles south of San Jose. Two trucks collided on the dangerous mountain pass near the center line, and one of the trucks crashed into the rear of the Avalon, crushing the back part of the car, where Bianchi was seated.

Bianchi, a college student at the time, was attending a community college in Bakersfield and was planning to attend University of California in Davis. Now, Bianchi is 23 years old and needs constant care at a residential facility located near his family in Bakersfield.

Lawyers for the plaintiff argued that the reckless driving of the two truck drivers was the main cause of the accident. Bianchi's lawyers showed that one of the truck drivers, Samuel Bimbela, was drifting across the center line and the other truck driver, Michael Demma, was texting on his cell phone.

The jurors found that Bimbela was 60 percent at fault for causing the accident, and Demma and his employer, Gordon Trucking, were 35 percent responsible for causing the accident. Salazar Construction, Bimbela's employer, agreed to a settlement of $2 million before the start of trial.

As for the State of California, the State settled its side of the case with Bianchi for $10 million. Lawyers for Bianchi had argued that Caltrans had failed to take measures to remedy known safety hazards on the road.

The jury also awarded Bianchi $31 million for past and future medical expenses, $4.5 million for future lost wages, and $13.5 million for past and future non-economic loss, including pain and suffering.

Truck accidents, such as the tragic accident involving Bianchi, can occur at anytime and the consequences can be devastating. Due to the sheer size and weight of large commercial trucks or "big rigs" as they are often called, when trucks collide with regular-sized vehicles, the results can be disastrous. Drivers should be aware that a variety of factors can cause trucking accidents, such as:

· Inattentiveness of the truck driver

· Lack of training or improper training of the truck driver

· Driver exhaustion or fatigue

· Dangerous or unsafe road conditions

· Poorly maintained trucks, brakes, and safety mechanisms

If you or someone you love has been involved in a trucking accident, seek an experienced and knowledgeable personal injury attorney to protect your and your loved one's rights. To obtain the compensation that you deserve, contact The Law Offices of James R. Gillen today for a consultation.

Former Lawyer for Toyota Alleges that Toyota Concealed Evidence in Rollover Cases

2009-09-08T11:04:00.000-07:00

According to a recent Los Angeles Times article, a former managing counsel for Toyota Motor Sales USA Inc., Dimitrios P. Biller, filed a lawsuit in federal court against Toyota, alleging that the company withheld evidence from victims who were involved in rollover accidents that caused injuries and deaths. Biller alleged that this practice had been going on for years and that he was forced to illegally withhold this information from opposing counsel. Biller further argued that he was forced to resign as a result of his reluctance to withhold critical information.

Potentially, if Biller's accusations are found to be true, this could have devastating consequences for Toyota. Legal experts have stated that Biller's lawsuit has the potential of reopening rollover accident cases that the company had won or settled for the past twenty years.

Specifically, the cases that may be affected by Biller's lawsuit involved victims who were seriously injured or died due to roofs collapsing or caving in during rollover accidents. These victims filed lawsuits against Toyota, arguing that their injuries and the loss of their loved ones were due to Toyota's weakened roofs.

Biller, who worked for Toyota from 2003 to 2007, was responsible for defending the company against victims involved in sport utility vehicle and truck rollover accidents. Biller claims that he had to continually conceal information from the National Highway Traffic Safety Administration, so that Toyota could demonstrate that it was complying with federal laws regarding roof strength.

Toyota's position is that Biller's claims are inaccurate and misleading, and that Biller was retaliating against the company for having to resign. Toyota asserts that the company complied with regulations, and that Biller was obligated to keep company information confidential as a part of his severance agreement with Toyota.

Rollover Accidents
Vehicle rollover accidents are extremely serious, causing catastrophic injuries and numerous fatalities. Victims can suffer major injuries, including brain injuries, spinal injuries, and fractures. A variety of factors can cause rollover accidents such as:

Type of vehicle, particularly those with a high center of gravity
Carelessness of other drivers
Poorly maintained road conditions or poor weather
Poorly designed vehicle component parts, such as roofs
Missing vehicle component parts, such as airbags
Malfunctioning equipment, such as brakes

With respect to Biller's allegations against Toyota, vehicle manufacturers are generally supposed to design and manufacture roofs that can withstand the pressure of a rollover accident. When a vehicle's roof cannot withstand such pressure, drivers and passengers can suffer serious, life-threatening injuries.

If you or someone you know has been involved in a vehicle rollover crash and you suspect that negligence was involved, seek experienced and professional legal counsel immediately to protect your rights and obtain the compensation you deserve. Contact the Law Office of James R. Gillen today for a consultation.

Los Angeles Ranked as One of the Most Unsafe Cities to Drive

2009-08-12T08:43:00.001-07:00

Allstate Insurance Company recently released its fifth annual "Allstate America's Best Drivers Report," and Los Angeles was ranked 184 out of approximately 194 cities throughout the United States. To arrive at its results, Allstate looked at car collision frequency in the 194 cities, and based on this data, determined which cities have the safest drivers.

Allstate actuaries analyzed company claim data, including internal property damage report claims from January 2006 to December 2007. For purposes of the study, an "auto crash" was defined as any collision resulting in a property damage claim.

Other California cities were also ranked towards the bottom of the list--San Diego was ranked 108 and Glendale was ranked 191. The safest driving cities included Sioux Falls, South Dakota, which was ranked first, and Fort Collins, Colorado, which was ranked second.

With close to 4 million residents in Los Angeles and cars as the main form of transportation for many, the survey's results are not that surprising. Compared to the national average, the Allstate report stated that drivers in Los Angeles were 46.6 percent more likely to be in a collision. Further, the average number of years between collisions for Los Angeles drivers was 6.8, as compared to the safest driving city, Sioux Falls, which on average was 13.5 years between collisions.

Common Causes of Automobile Accidents
Automobile accidents in Los Angeles and throughout the nation are caused for a variety of reasons, but they are predominantly caused by driver error. Common causes include the following:
Inattentive or distracted drivers, such as text messaging, changing a radio station, or talking on the cell phone while driving.
Failing to keep a safe distance and speed between yourself and the motorists around you.
Failing to maintain your car, such as ensuring that lights, brakes, and battery are operating properly.
Ignoring weather and road conditions, such as rain and fog.
Drivers who are intoxicated or under the influence of drugs.

Consulting an Attorney
As the list above shows, auto accidents are most often caused by negligence. "Negligence" generally involves the failure to exercise reasonable care to avoid a foreseeable harm to another individual. Drivers have a general responsibility to exercise reasonable care and safety to prevent future injuries and deaths.

The unfortunate reality is that serious automobile accidents occur everyday and they can lead to major injuries, such as burn, spinal, and brain injuries. The risk of harm is particularly acute in Los Angeles when collisions are more likely to occur than other large cities nationwide.

If you are involved in an automobile accident involving injuries that are extremely serious, you should consult an experienced personal injury lawyer for assistance. An experienced attorney can help you negotiate with your insurance carrier and the at-fault party's insurance company to recover costs. Additionally, because California is a fault-based state, which means the injured person can sue the at-fault party for damages related to the accident, a qualified attorney can file a lawsuit against the responsible party on your behalf.

If you or someone you know was in a serious automobile accident, contact the Law Offices of James R. Gillen for experienced, professional legal counsel. We also offer free initial consultations, and we handle all personal injury cases on a contingency basis, meaning you do not owe us attorney fees unless we obtain recovery on your behalf.

Holiday Travel Increases Likelihood of Road Collisions

2009-07-09T13:33:00.001-07:00

The Fourth of July is a major cause for celebration in the United States of America. Unfortunately, festive holidays can also turn into days of tragedy for some. The increase in traffic combined with hurried, distracted drivers can often create disastrous results. Adding alcohol into the mix, which is a common feature of holiday celebrations, can cause these situations to turn deadly.

This recent July 4th weekend saw hundreds of accidents on the roads, resulting in dozens of fatalities. Speed and alcohol were contributing factors in a majority of accidents, and the lack of seatbelts was present in many of the fatalities.

Massachusetts saw eight dead over the weekend in multiple single-car incidents and one four-car collision. In one single-car accident, three out of four occupants of the vehicle perished. None of the riders were wearing seat belts. In Connecticut, the nation’s third smallest state, there were over 160 accidents over the holiday weekend. Police were out in full force attempting to stop unsafe driving before any catastrophic results, and police there issued over 2,300 speeding tickets, more than 350 tickets for not wearing seat belts, and made 46 DUI arrests. Six people died on New Jersey roadways during the weekend, and one person died on the open roads of Kansas. In Los Angeles, police made nearly 100 DUI arrests in the first twelve hours of the public holiday. These scenes were repeated across the country in nearly every jurisdiction.

Even when not compounded by a national holiday, summertime driving leads to crowded and dangerous conditions. Higher temperatures lead to increased probability of tire failures and other mechanical breakdowns. Popular vacation spots lead to crowded streets and highways, especially in the evening, when everyone is tired and trying to get home at once. The addition of alcohol to summertime celebrating always increases dangers on the road.

Please be alert to the dangers posed and stay safe, whether you are vacationing yourself or merely encountering increased traffic congestion and unsafe driving on your daily commute. While not all factors which contribute to accidents are within your control, you can greatly increase your personal safety with alert and defensive driving.

The tragedy of a holiday celebration cut short by a serious accident is keenly felt by victims and their families. If you or a loved one has been involved in a serious automobile accident, consult an experienced personal injury attorney. You may also contact me for immediate aid and support.

Tour Bus Crashes Result in Injuries, Deaths

2009-05-08T09:27:00.001-07:00

Recently, there have been several devastating crashes involving tour buses. On May 2, 2009, around 5 p.m., a tour bus crashed into a freeway divider on Interstate 215, near Nuevo Road in Perris, which is approximately 60 miles southeast of Los Angeles, in Riverside County. Twenty-eight passengers were on board—eight passengers were critically injured and taken to hospitals, and 20 other passengers were treated for moderate injuries.

The northbound lanes of the freeway had to be shut down as the police and firefighters rushed to the scene. Six trapped passengers had to be extricated by emergency responders from the back of the bus. Authorities are currently investigating the cause of the crash.

Bus Crash Near Soledad, California

On April 28, 2009, around 3 p.m., a tour bus crashed into a guardrail. The crash caused the bus to flip and roll over on a U.S. 101 overpass near Soledad, located in Central California. The bus was carrying French and Canadian tourists who had just spent the day sightseeing on the Monterey Peninsula.

At least 40 people were injured, and five people were killed, including the bus driver, John Egnew. The freeway remained closed for two hours as helicopters and ambulances transported the injured victims to local hospitals.

Orion Pacific Tour Bus Company, located in Orange County, California, owned the bus. According to the Federal Department of Transportation, the company had a "satisfactory" safety rating and had no crashes in the past two years. However, according to the Los Angeles Times, in 2005, a woman was injured when she was crossing the street when a bus, driven by Egnew, hit her and rolled on top of her.

Common Causes of Bus Accidents

There are a variety of causes for bus accidents. Below are some common causes, which can occur independently of each other or in combination:

• Driver Fatigue
• Untrained or inexperienced driver
• Driver who has a history of driving recklessly
• Driver who is under the influence or alcohol or drugs
• Driving in excess of the speed limit
• Driving aggressively
• Oversized or overloaded bus
• Poorly maintained bus, such as poor brakes

Bus Accident Statistics

Bus accidents can be fatal, resulting in many serious deaths and injuries. According to the U.S. Department of Transportation Federal Motor Carrier Safety Administration, more than 13,000 buses were involved in crashes nationally in 2007. Of these crashes, about 6,953 of them involved injuries. In California, approximately 1,332 buses were involved in accidents in the year 2007.

California Assembly Bill 636

In March of 2009, Assembly Bill (AB) 636, sponsored by the California Bus Association, was introduced to reduce the occurrence of dangerous crashes involving charter buses. AB 636 would permanently revoke the bus driver's license if the driver lacked the appropriate licensing. Additionally, if the bus company hired a bus driver knowing the driver lacked the proper licensing, then the bus company would lose the authority to operate in the State of California.

If you or someone you know was a passenger and injured in a bus collision, seek experienced, professional legal counsel right away to protect your rights and obtain the just compensation you deserve. Contact the Law Offices of James R. Gillen today for a consultation or information.

Bus Accident Injures Two Dozen, One Fatality

2009-04-08T16:54:00.000-07:00

On Saturday, April 4, 2009, about 25 employees of a Squaw Valley ski resort, located approximately 96 miles from Sacramento, boarded a 1995 Euro Bus, which the resort provided as transportation for its employees to get to work from home. However, the ride ended tragically. The bus ended up leaving Interstate 80, drove through a guardrail, and rolled over.

The bus had no seat belts, and left about 24 people injured and one person dead. Of the 24 people who were injured, one passenger was in critical condition and 10 were hospitalized. The injuries ranged from broken wrists and ribs to internal injuries and head trauma. Some of the victims were too traumatized by the experience to speak to reporters about the incident. The employees were part of the kitchen and housekeeping staff of the resort.

Although California requires some school buses to have seat belts, state and federal laws do not require seat belts for commercial buses. According to the National Highway Traffic Safety Administration, studies have shown that seat belts provide greater safety for automobiles than for buses.

In this particular case, even though the California Highway Patrol (CHP) does not know the cause of the accident, the CHP suspects that driver fatigue might have led to the tragedy. According to the CHP, the driver, who survived the crash with severe head injuries, might have fallen asleep behind the wheel or had a medical emergency.

Bus Crash Statistics
Bus accidents are extremely dangerous, particularly when the bus rolls over and there are no seat belts. People can be thrown out of their seats and flung against the windows. According to the Federal Motor Carrier Safety Administration, in 2007, there were 1,332 bus crashes, including fatal and non-fatal crashes in California alone. Nationwide, there were a total of 13,195 bus fatalities and non-fatal crashes. Nationally, there were 322 bus crash fatalities, and 15,888 were injured due to bus accidents.

Causes of Bus Accidents
Under tort law, bus drivers and bus companies owe a duty of care to their passengers. Because buses carry several people at a time, bus drivers and their employers owe a higher standard of care to passengers. Often times, bus accidents are caused due to the negligence of the company or the bus driver. In particular, the following are the frequent causes for bus accidents:

Bus driver is fatigued and not well-rested for the drive
Company fails to check the bus is operating properly, for instance failing to check the brakes
Bus is overloaded with too many passengers or too much luggage
Bus makes a sudden stop, forcing another car to collide into the bus

Tragedies like the one in Squaw Valley are avoidable. So long as the buses are properly maintained, drivers receive adequate rest and training, and bus drivers follow safety rules, bus crashes can be prevented. However, if there is a bus accident, victims should know that they can be compensated for their injuries.

If you or someone you know was a passenger and injured in a bus collision, seek professional legal counsel right away to protect your rights and obtain the just compensation you deserve. For more information or assistance, contact me today.

Lawsuits Continue in September, 2008 Metrolink Crash

2009-03-09T10:18:00.001-07:00

In the wake of the September, 2008 Metrolink Crash in Chatsworth, California, where 20 people died and over 100 were injured, lawsuits continue to be filed. Defendants include the Southern California Regional Rail Authority, which operates Metrolink, its parent company, and two subcontractors, Veolia Transportation and its subsidiary Connex Railroad. Five plaintiffs filed lawsuits on January 13 in Los Angeles Superior Court, and other cases have been filed in the months following the accident.

A surprising revelation revealed in the complaints from this new wave of lawsuits is that Connex Railroad, the company under contract to provide the Metrolink engineers, may have known about the engineer Robert Sanchez’s propensity to use his cell phone and send text messages while driving. Allegedly, one of the engineer’s coworkers told his supervisors that he had seen Sanchez sending text messages multiple times – including an incident weeks before the accident, and another complaint just hours before the tragic accident. Other reports suggest that Sanchez may have been caught with a cell phone that was turned on in his bag during a field test. It is against company policy for train engineers to have their phones turned on while operating the trains.

These allegations are significant, because if it can be proved that the company knew about Sanchez’s previous text messaging activity, Connex Railroad and its parent company Veolia Transportation might be liable for negligent entrustment, as well as standard vicarious liability for Sanchez’s negligence.

Metrolink Case May Test Federal Train Crash Damages Cap

Currently, Federal law imposes a $200 million overall cap on damages that can be awarded from a single train accident. Because of the extent of the damage in this crash and the fact that the crash appears to have been caused solely by a negligent act, it is possible that the lawsuits that arise from this accident will push the boundaries of this limit. This means that the results of these Metrolink lawsuits could challenge the Constitutionality of limiting overall damages and it could change the way train accident litigation proceeds.

Thank you for reading my blog; I hope you found this information helpful. If you have a question or comment, please feel free to post it here, but remember that your response will not be confidential. If you or a loved one has been involved in a train accident, consult an experienced personal injury attorney. Contact me for immediate help and assistance.

The Federal Motor Carrier Safety Administration Takes Steps to Improve Bus and Truck Safety

2008-12-03T08:02:00.000-08:00

Accidents involving buses and large trucks are extremely dangerous. Because of the size difference between a bus or truck and an automobile, the chances of serious injury or death are much greater. Both truck and bus accidents are on the rise in the United States, and they are often caused by the truck or bus driver.

Federal Motor Carrier Safety Administration’s New Commercial Drivers License Rules
In an effort to make the roads safer, the Federal Motor Carrier Safety Administration (FMCSA) has streamlined the Commercial Drivers License (CDL) to include the driver’s medical examination records. This came in response to repeated warnings from Congress, the first of which occurred in 2001 after a tragic motor coach accident where 22 people died because the driver, though legally licensed, had serious heart and kidney conditions. Driver illnesses such as heart attacks, strokes, seizures, and spells of unconsciousness have caused thousands of accidents in the United States.

Under FMCSA’s new rules, states will have three years to create one electronic database that will include both drivers’ CDLs and their medical examination records into one record. This will make it easier to ensure that drivers are healthy enough to operate a commercial vehicle, especially considering that many employers do not even report their drivers’ conditions to the authorities.

Highlighting the problem even further, Congress’s General Accountability Office found that hundreds of thousands of truck and bus drivers are licensed and operating vehicles even though they have received federal disability payments for medical conditions. A separate House of Representatives Transportation and Infrastructure Committee study found that it is shockingly easy to fabricate medical records and that drivers have no incentive to obtain proper records because there is little risk of getting caught.

Federal Motor Carrier Safety Administration’s New Medical Examiner Rules
In addition to the streamlining of license and medical records, the FMCSA also approved a new rule that would create a National Registry of Certified Medical Examiners. This would help ensure that only qualified medical practitioners perform CDL holders’ physical qualification examinations and that they are administered uniformly and consistently. This plan would also create certification standards and a training and testing program. Under this program, an examiner would also have to electronically transmit the name and identification number for each examined driver. Examiners who fail to follow the program and meet the standards would be removed from the registry.

The goal of both of these changes is to help ensure that only drivers who are healthy enough to drive safely are on the road. Thank you for reading my blog; I hope you found this information helpful. If you have a question or comment, please feel free to post it here, but keep in mind your response will not be confidential. If you or a loved one has been involved in a truck or bus accident, seek experienced legal representation. Contact me for immediate help and assistance.

Studies Highlight the Importance of Wearing Motorcycle Helmets

2008-11-12T14:13:00.000-08:00

Two recent reports from the National Transportation Safety Board (NTSB) (http://www.ntsb.gov/alerts/SA_012.pdf) and the National Highway Traffic Safety Administration (NHTSA) (http://www-nrd.nhtsa.dot.gov/Pubs/811049.PDF) highlight how important it is for motorcyclists to wear helmets and how it can help save lives. While the number of motorcyclists over the past few years has increased, fewer motorcyclists have died in motorcycle accidents, primarily because more motorcycle riders are wearing helmets.

Wearing Helmets Saves Lives and Reduces Injuries
In its November, 2008 report “Lives Saved in 2007 by Restraint Use and Minimum Drinking Age Laws,” the NHTSA reports that in 2003, motorcycle helmets saved 1,173 lives, and that number rose over 50 percent to 1,784 lives saved in 2007. In California alone, 266 lives were saved in 2007 because the motorcyclists were wearing helmets, and the NHTSA estimates that another 26 lives would have been saved had 100 percent of motorcyclists been wearing helmets. Therefore, even in a state such as California, which has a mandatory helmet law, lives are still being lost because some people ride their motorcycles without a helmet. Overall, the NHTSA estimates that another 800 lives could have been saved nationwide in 2007 if every motorcyclist had been wearing a helmet.

A September, 2008 NTSB Safety Alert discussing the recent rise in motorcycle deaths and injuries presented some sobering facts: between 1997 and 2007, the number of deaths from motorcycle accidents more than doubled, from 2,116 in 1997 to 5,154 in 2007. Between 2006 and 2007 alone, the number increased 6.6 percent. For injuries, the number increased a staggering 17 percent, from 88,000 in 2006 to 103,000 in 2007. The alert also confirms that head injuries are a leading cause of death in motorcycle accidents and that wearing a helmet can reduce the overall likelihood of death in an accident by up to 37 percent. Moreover, unhelmeted motorcyclists who are in an accident are three times more likely to sustain a brain injury than if they had worn a helmet.

Economic Benefits of Motorcyclists Wearing Helmets
In addition to saving lives and minimizing injuries, universal helmet use can also help save money. According to the NTSB alert, although only 36 percent of motorcycle accidents involved unhelmeted motorcyclists, they accounted for 70 percent of the total cost – or $12.2 billion – of all motorcycle accidents. Moreover, because of the severity of the injuries unhelmeted riders are more likely to sustain, the NTSB estimates that average cost of a motorcycle accident involving an unhelmeted rider is $310,000, or more than four times the average cost of an accident involving a helmeted rider.

All of this data means, of course, is that every motorcyclist should wear a helmet all the time. However, although California is one of the states that require motorcyclists to wear DOT-approved helmets, if you get into an accident and were not wearing a helmet, you might still be able to recover for medical expenses if the accident was not your fault. However, if wearing a helmet could have prevented or minimized your injuries, the amount of your recovery might be affected.

Thank you for reading my blog; I hope you found this information helpful. If you have a question or comment, please feel free to post it here, but keep in mind your response will not be confidential. If you have been injured or if a loved one has died in a motorcycle accident, seek experienced legal representation. Contact me for immediate help and assistance.

What You Should Know If You're Involved In a Motorcycle Accident

2008-10-15T09:04:00.000-07:00

Find an Experienced Motorcycle Attorney
Motorcycle accidents are different from car accidents. Motorcycle accidents generally result in greater injuries and longer rehabilitation periods. An experienced motorcycle accident attorney is familiar with the common causes of motorcycle accidents, the types of injuries sustained and how to document injuries and damages. An experienced motorcycle accident attorney knows how to evaluate and present your case for maximum recovery.

Don’t Discard Evidence
You will want to keep photos of the damage to your bike as evidence. Don’t discard any parts of the bike that could be valuable evidence as to the cause of the accident. In some cases, the entire bike should be preserved as evidence.

Getting Your Bike Repaired or Replaced

Be forewarned that insurance companies rarely settle claims involving motorcycle accidents quickly, largely because insurance companies are used to valuing autos, but have less of an understanding of the value of a motorcycle, especially if the motorcycle is customized. Processing times of six weeks to three months or more are not unusual. In order to maximize reimbursement, you may need to provide some supporting documentation showing the value of your bike by getting written opinions as to the bike’s value from motorcycle dealers or people within the custom motorcycle industry, or presenting the insurance company with advertisements for the sale of similarly equipped bikes.

Keep in mind that if your bike is totaled, you are entitled to the loss of title and tax when replacing your bike. You may also be entitled to compensation for motorcycle rental expenses.

Dealing with an insurance company can be complicated. An experienced motorcycle injury attorney can help you negotiate with the insurance company to resolve your claim quickly and for full value.

You May Need to File a Report with DMV
If you are involved in a motorcycle accident, you should know that California law requires you to take certain action. The financial responsibility sections of the California Vehicle Code applies to two-wheel vehicle owners and operators. If you are operating a motorcycle that causes more than $750 in property damage to one person (including yourself), or which causes injury to anyone (including you), no matter how slight the injury, you must report the accident to the DMV. The CHP or police will not notify the DMV on your behalf. You (or your insurance agent, broker, attorney or other legal agent) must make the report.

When and How to File a Report
The report must be filed with the DMV within ten (10) days of the accident, and must be filed on a DMV form called Report of Traffic Accident Occurring in California (SR1). The form is available at any DMV or CHP office, or you can download it off of the California DMV’s website. Your attorney can also assist you with filing the report and will advise you of any other legal action you must take.

California Motorcycle Laws

2008-10-06T13:56:00.000-07:00

Motorcycle ridership has increased tremendously in Southern California. Increased traffic congestion and rising gas prices have resulted in more people opting to ride their motorcycle rather than drive their car. Unfortunately, the increase in motorcycle ridership has led to an increase in the number of motorcycle accidents in the Los Angeles area. The purpose of this blog is to highlight some of the relevant laws applying to motorcycle riders in California.

California Motorcycle Equipment Requirements
Custom bikes and choppers are very popular, particularly in Southern California, where there a number of custom motorcycle specialty shops. If you have recently moved into California or are operating a motorcycle in California, you should be aware of the following motorcycles equipment regulations:

A DOT approved helmet is required.
Rear-view mirrors are required.
Brakes are required on both wheels.
Handlebar height requirement- hand grips must be below shoulder height.
Passenger seat and footrests are required when carrying a passenger.
Headphones are prohibited if worn simultaneously in both ears (single ear is OK).
Turn signals are required for motorcycles manufactured after September 1, 1973.
Daytime headlamps required for motorcycles manufactured after September 1, 1978.

Motorcycles in California are subject to random inspections.

Operating a Motorcycle in California
If you are operating a motorcycle in California, you should be aware of the following statutes concerning motorcycles and their operation.

License and permit requirements: to operate a motorcycle on public highways or in California, you must have an M-Class license. The DMV will issue an M endorsement after passing both a written test and a road test.
California insurance requirements: Drivers involved in an accident must prove the existence of financial responsibility (usually liability insurance) or risk a one-year suspension of their driver's license.
Helmet law: California requires riders to wear Department Of Transportation (DOT) approved helmets.
Lane splitting: Lane splitting is legal in California, however, if you are involved in a collision while lane splitting be forewarned that the police will generally blame you for the crash.
Statute of limitations: It is important to consult with an attorney soon as possible if you are involved in a motorcycle accident because the statute of limitations limits the amount of time you have to file a lawsuit.

The National Transportation Safety Board (NTSB) recently issued a warning about helmets that are not DOT approved. It seems some companies are mislabeling helmets with stickers indicating the helmets are DOT approved. Don’t purchase a helmet with a removable sticker. DOT approved helmets should be appropriately stamped at the back of the helmet.

I hope you found this information helpful. Thanks for reading my blog. If you have a question or comment, please feel free to post it here, but keep in mind your response will not be confidential. If you have been injured or if a loved one has died in a motorcycle accident, seek experienced legal representation; contact me for immediate help and assistance.

NTHSA Releases Motorcycle Action Plan

2008-10-03T15:29:00.000-07:00

The National Highway Traffic Safety Administration (NHTSA) recently released its Motorcycle Action Plan. The plan aims to reduce the increase in motorcycle fatalities over the past several years. Some of the plan’s highlights include:

Conducting a study of the causes and outcomes of motorcycle crashes and using this information to develop stronger programs and strategies to combat the rising trend in motorcycle accidents
Developing entry level standards for the training of new motorcycle riders
Amending the Federal Motor Vehicle Safety Standard (FMVSS) No. 218, which regulates motorcycle helmet safety standards, to address the falsification of helmet certifications
Distributing to road planners, designers, and engineers official guidance on design, construction, and maintenance of roadways to increase motorcycle safety
Marketing a “Share the Road” campaign for use by states, local communities and motorcycle organizations
Creating a law enforcement training program to educate police on motorcycle safety and specific enforcement efforts that can reduce motorcycle crashes
Some of the ways the NTHSA is working to reduce the number of motorcycle accident fatalities include:
Making improvements to vehicles by conducting vehicle research: The NTHSA conducts safety studies focusing on two areas; braking and conspicuity. The organization conducts research on the effectiveness of new lighting technology and daytime running lights, and braking systems including anti-lock and combined braking systems.
Increasing the use of helmets and other protective gear: While the State of California requires Department Of Transportation (DOT) approved helmets, in some states helmets are optional. Nationwide, 45% of fatally injured motorcyclists were not wearing helmets.
Encouraging riders to take basic and advanced ridership skills courses, especially riders over the age of 40, who represent the largest growing segment of motorcycle ridership. Two-thirds of all motorcycles killed while riding the most powerful motorcycles (1001-1500 cc engines) were riders over the age of 40.
Reducing the incidence of drinking and riding: 41% of the 1,878 motorcycle riders who died in single vehicle crashes in 2005 had a blood alcohol concentration (BAC) of .08 or higher.
Increasing the awareness of other motorists of the presence of motorcycles on the road. Fifty-five percent of all motorcyclists killed were involved in accidents with other vehicles.

If You Have Been Injured in a Motorcycle Accident, Seek Legal Advice ImmediatelyIf you’ve been involved in a motorcycle accident, you must take action to protect your rights. It is important to act promptly to preserve evidence, investigate the cause of the accident, and to file a lawsuit prior to the deadline imposed by the statute of limitations. Call or e-mail me for immediate assistance

Increase in Motorcycle Popularity Leads to Increase in Motorcycle Accidents

2008-10-01T09:48:00.000-07:00

Due to increases in gas prices and traffic congestion, motorcycle ridership is currently at the highest level since the 1970’s. Unfortunately, the increase in motorcycle popularity has also resulted in an increase in accidents and fatalities involving motorcycles. Over 1,000,000 motorcycles were sold in 2006 alone, and in 2006 motorcycle fatalities reached the highest level since 1981, with 4,652 riders dying in motorcycle accidents. The average age of motorcycle riders is also on the rise, with an increase in riders over the age of 40. Unfortunately, over 40% of motorcycle accident fatalities have involved riders over the age of 40.

Riding a motorcycle is inherently far more dangerous than driving a car. A motorcycle is far less visible than a car or truck, and since lane-splitting is legal in California, many accidents occur when drivers fail to see a motorcycle in their vehicle’s blind spot. Furthermore, the motorcycle offers much less protection to the rider from an impact with a vehicle, thus even low speed collisions between a car or truck and a motorcycle can be fatal to the motorcycle rider.

According to the National Transportation Safety Board (NTSB), some of the most common types of accidents involving motorcycles include the following:
Crashes involving other vehicles: about 75% of all motorcycle accidents involve other vehicles. It is not uncommon for the driver of an automobile or truck to not see a motorcycle and change lanes or turn into its path.
Rear-end collisions: motorcycles are at a high risk of being rear-ended by heavier vehicles that cannot stop as quickly.
U-turns: many car drivers do not look for oncoming traffic when making u-turns. Those who do may not see a motorcycle.
Single-bike accidents: although most police reports will indicate the rider to be at fault in a single-bike accident, much of the time the accident is caused by road debris or other obstacles or hazards. Single-bike accidents can take several different forms including the high-slide, the low-slide and the “endo” (flipping the bike due to a sudden breaking of the front wheel).
Rope or chains across paths: some property owners illegally place chains and ropes across trails in an attempt to keep bikers away. Property owners are not allowed to install such traps and can be held liable for any accident caused by doing so.
Road debris: grease, motor oil, loose pavement, uneven surfaces, and potholes can all cause a motorcycle to lose control and crash.
Car doors opening unexpectedly: many people exiting their cars do not see the oncoming motorcycle before swinging their doors open.

In October of 2007 by the National Highway Traffic Safety Administration (NHTSA) released a report entitled “Bodily Injury Locations in Fatally Injured Motorcycle Riders” suggesting a direct correlation between helmet use and motorcycle fatalities. In fatal motorcycle accidents, 51% were not wearing helmets, whereas only 31% of those wearing helmets suffered a head injury. The study also reported 61% of motorcycle fatalities involved a head injury of some type.

Thanks for reading my blog. If you have a question or comment, please feel free to post it here, but keep in mind your response will not be confidential. If you have been injured or if a loved one has died in a motorcycle accident, seek experienced legal representation; contact an experienced personal injury attorney for immediate help and assistance.