California Injury Lawyers Blog

Findings from a new study by the Highway Loss Data Institute are raising questions over whether distracted driving laws that ban texting and the use of handheld cellular devices while driving is having any effect. The answer may be no.

The HLDI examined insurance claims from car crashes in California, Washington DC, New York, and Connecticut after such bans became laws. Not only did claims rates not go down but also there was no noticeable change in patterns when findings from these states were compared to nearby states where bans have not been instituted.

HLDI says it is gathering more information to find out why there has been no improvement in car crash rates in the wake of the cell phone and/or texting while driving bans. It said that one reason may be that more drivers are using handsfree phones now that handheld devices are off limits.

Contrary to earlier misconceptions, talking on a handsfree cell phone while driving is actually quite dangerous and can also lead to distracted driving car accidents. On January 12, the National Safety Council announced that at least 1.6 million US car crashes each year involved drivers texting or talking on their cell phones.

Our Anaheim car accident lawyers are concerned about the number of Orange County, California car crashes that continue to happen because drivers are texting or talking an a cell phone. Fortunately for the injury victim and his/her family, there are ways to obtain recovery from liable parties.

Meantime, the federal government continues to take steps in its bid to win the fight against distracted driving with a national ban that now makes it illegal for commercial bus and truck drivers to text while driving. Recent findings show that texting increases a commercial truckers' crash risk by up to 23 times.

Study: Distracted driving laws don't stop crashes, Washington Post, January 29, 2010

U.S. Bans Texting by Truck and Bus Drivers, BusinessWeek, January 26, 2010

National Safety Council Estimates that At Least 1.6 Million Crashes are Caused Each Year by Drivers Using Cell Phones and Texting, National Safety Council, January 12, 2010

Related Web Resources:
Cell Phone Laws, Insurance Institute for Highway Safety

Distraction.gov, US Department of Transportation

Continue reading "Number of California Car Crashes Not Going Down Despite Handheld Cell Phone and Texting while Driving Bans, Says HLDI" »

In Brea, friends and family gathered to remember Nicholas Vela Mortley, the 9-year-old fourth grader who was killed in an Anaheim bicycle accident on December 3. Nicholas was cycling home from school when he was struck by a pickup truck. The child bicyclist was transported to an Orange, California hospital where he later died.

According to Anaheim police, the driver of the Ford F250, a raised truck, had stopped at a stop sign. Nicholas proceeded to cross the street. The truck then moved forward, striking him. The driver says he never saw the child bicyclist. There is speculation that the truck's height may have prevented the motorist from being able to see Nicholas. So far, no charges have been filed.

Since the tragic Orange County, California bicycle accident, one person who witnessed the accident, a Garden Grove middle school student, has been having trouble sleeping.

Nicholas leaves behind his parents and Kayla, 4, and Leilani, 3.

Child Bicycle Accidents
Second to motor vehicles, Bicycles continue to be the consumer product most associated with child injuries. One reason for this is that so many children in the 5 - 14 age range are bicycle riders.

According to the National Highway Traffic Safety Administration's 2008 Traffic Safety Facts, 12% of pedalcyclists that died in 2008 were kids between the ages 5 to 15. This age group's injury rate was 293/million population. The injury rate for all pedalcyclists is 172.3/million population. 109 California pedalcyclists died last year.

In 2007, the Center for Injury Research and Policy at Nationwide Children's Hospital published a study in the journal Injury Prevention regarding young bicyclist injuries. Among the findings:

• About 10,700 young bicyclists a year spend about three days in the hospital for their bicycle injuries.
• 1/3 of child bicyclists injured sustained traumatic brain injuries during their bicycle accidents

Loved ones say goodbye to 9-year-old boy killed while riding bike, OC Register, December 9, 2009

Bicyclists and Other Cyclists, 2008 Traffic Safety Facts, NHTSA (PDF)

Related Web Resources:
Safe Kids USA

Injury Prevention

Continue reading "9-Year-old Brea Boy Killed in Anaheim Bicycle Accident " »

As of yesterday, a female bicyclist remains hospitalized after she was seriously injured in an Orange County, California motor vehicle collision. Kate Leavey and her two kids were riding to school when the Irvine bicycle accident happened.

Leavey, a Rancho San Joaquin Middle School teacher, sustained multiple limb fractures and a skull fracture. She has been receiving medical care at the ICU of a Santa Ana hospital where she was listed in critical condition. Her two children were not injured.

The driver involved in the traffic collision with Leavey's bicycle is a 71-year-old male. Police are investigating the cause of the Irvine traffic crash.

In another Orange County, California car accident, a 50-year-old woman was transported to UC Irvine Medical Center after she was injured when a car crashed into her living room. The La Palma motor vehicle collision happened at around 4pm on Wednesday. According to La Palma police, the driver appears to have driven the vehicle off the curve before crashing into the house.

Orange County, California Car Accidents
Any time you are injured in a motor vehicle accident it is important that you speak with an experienced Irvine injury attorney first before settling your case. If you agree to a settlement right away you can lose to the right to obtain the maximum recovery possible.

An experienced Orange County, California car accident law firm can work with accident reconstructionists and other experts to determine who was liable and how much money you should be awarded for personal injury. Your Irvine injury lawyers also can figure out whether additional medical expenses and recovery costs are likely to arise in the future as a result of your injuries. Taking time off work can also result in the loss of benefits and lost wages.

Teacher still hospitalized after Irvine accident, OC Register, November 18, 2009

Man Crashes Car Into La Palma Home, Injures Woman, CBS2.com, November 18, 2009

Related Web Resources:
California Department of Transportation

National Highway Traffic Safety Administration

Continue reading "Female Bicyclist and Woman Sitting in Her Own Living Room are Injured in Two Separate Orange County, California Car Accidents" »

The mother of a 43-year-old man who died in an Orange County, California bicycle accident on July 23 has filed a Newport Beach wrongful death lawsuit against the city. Darryl Benefiel sustained a number of injuries, including massive head injuries, when he was struck by a motor vehicle at Tesoro and Ridge Park Road.

The Newport Beach bicycle accident happened as the 22-year-old car driver was turning left. The 43-year-old bicyclist was pronounced dead at the accident site.

Per Karen Benefiel's Orange County, California wrongful death complaint, the intersection did not have a stop or yield sign and the road lacked a bike lane. She is seeking wrongful death damages for emotional trauma, loss of affection, love, and companionship, loss of financial support, loss of consortium, and loss of assistance.

The city of Newport Beach says that a preliminary probe found that no roadway defect contributed to the Newport Beach bicycle collision.

Bicycle Accident Lawsuits
If you or your loved one was seriously injured in an Orange County, California, Los Angeles County, San Bernardino County, or Riverside County bicycle accident, you may have grounds for filing a personal injury or wrongful death lawsuit. Possible defendants--depending on the cause of the bicycle crash--might include a negligent car driver, truck driver, motorcycle rider, bus driver, bicycle manufacturer, tire maker, the city, the county, or another entity.

Possible grounds for suing a city or another entity over a bicycle accident:

• Uneven paving
• Potholes
• Debris on the road
• Slippery conditions
• Lack of a bike path
• No stop sign
• No traffic light
• Faulty traffic light
• No warnings of possible hazards
• Poorly designed roads
• Obstructions on the road that make it difficult for motorists to see bicyclists and vice versa

Woman files claim in son's death, Daily Pilot, October 30, 2009

Bicyclist killed in Newport Coast, OC Register, July 23, 2009

Related Web Resources:
Bicycles, NHTSA

California Bicycle Coalition

Too little sleep doesn't go a long way when it comes to driving safely. According to the National Sleep Foundation's new poll, in the last year alone up to 1.9 million drivers were either in a car crash or almost in one because they were driving while drowsy. Unfortunately, many motorists are unaware that driving while exhausted or sleepy can turn into negligent driving and become grounds for an Orange County, California car accident lawsuit if someone is injured or killed.

Each day, about 250,000 US drivers fall asleep while driving. The National Transportation Safety Board says there are about 8,000 drowsy driving-related deaths and 60,000 serious injuries a year.

Groups most likely to drive while drowsy are young people, shift workers, truck drivers, business travelers, and people with untreated or undiagnosed sleeping disorders. About 40 million people are believed to be suffering from some type of sleeping disorder that may make it hard for them to stay awake during the day.

Drowsy driving, not unlike drunk driving, delays reflex response times, impairs judgment, clouds the mind, and makes it hard for a motorist to pay attention. Some studies indicate that a person who has been awake for over 20 hours exhibits an impairment equivalent to someone with a .08% blood alcohol concentration.

A sleepy driver may not even realize that he or she has nodded off. Even just shutting one's eyes for a few seconds can cause the driver to drift into another lane, into oncoming traffic, or off the road, resulting in an Orange County truck accident, motorcycle crash, pedestrian accident, or bus collision.

In an effort to increase awareness about the dangers of driving while sleepy, National Sleep Foundation has declared November 2 - 8, 2009 Drowsy Driving Prevention week.

Signs you may be drowsy driving:
• Your head keeps nodding downward
• You suddenly notice that you are tailgating the vehicle in front of you
• You can't remember the last few miles that you drove
• You are having a hard time keeping your eyes open
• Focusing on the road is proving a challenge
• You keep yawning
• You just missed your exit

If possible, pull over and take a break. Caffeine helps. A better solution is to get a good night's rest and don't drive while drowsy. If you have to drive for hours at a time, take a break every 2 hours or 100 miles.

1.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, November 2, 2009

Drowsy-driving tragedies preventable, Boston.com, August 3, 2009

Related Web Resources:
AAA Foundation for Traffic Safety

Drowsy Driving, National SLeep Foundation

Continue reading "Sleepy Driving is Distracted Driving Habit that Causes Orange County, California Car Accidents" »

Jury deliberations started yesterday in the criminal trial of Jeffrey Woods, the 22-year-old man who fatally struck 14-year-old Orange County, California bicyclist Danny Oates in a 2007 Huntington Beach car crash.

Prosecutors say that Woods was on two prescription drugs when he hit Oates's bicycle, causing him to be thrown 100 feet. They also are accusing the 22-year-old driver of texting while driving. They say the defense's claims that Woods was suffering from an epileptic seizure at the time of the Huntington Beach bicycle accident is bogus.

While witnesses for the defense provided testimony that Woods was having a medical episode, the prosecution noted that Woods' family has said that he didn't have a history of seizures.

Woods is charged with one felony count of driving under the influence and causing bodily injury and one felony count of vehicular manslaughter with gross negligence while intoxicated. If convicted, he could face up to 10 years behind bars.

Woods was also injured in the deadly traffic collision. He sustained multiple leg fractures and nearly severed his right foot. He has undergone at least nine surgeries to treat the injuries he sustained.

Last year, Oates' parents filed an Orange County, California wrongful death claim against the city of Huntington Beach. They wanted drivers to be warned more clearly when there might be students commuting to and from school.

Proving Liability in an Orange County, California Traffic Accident
Fatal traffic crashes are always a tragedy for those involved--especially for the victim and his or her family. While accidents do happen, those responsible for causing injuries and deaths must be held accountable for the harm, pain, and suffering that occurred as a result of their negligent conduct. Depending on the specifics of a case, the responsible party may be a negligent driver, a city that failed to install a crosswalk or design an intersection in a way that would minimize the chances of a car crash, the manufacturer of a defective auto part, or another liable party.

Jury begins deliberations in teen bicyclist's death, OC Register, October 29, 2009

Trial to begin in death of 14-year-old Danny Oates, Huntington Beach Independent, September 23, 2009

Deadly Huntington Beach Bicycle Accident Revisited: Families of Teen Victim and Defendant to Plead Over Plea Agreement, CaliforniaInjuryLawyers, May 15, 2009

Related Web Resources:
NHTSA

Huntington Beach Official City Web Site

In Yorba Linda, an 80-year-old Placentia bicyclist died on Wednesday when she was struck by a pickup truck. According to Brea Police, Edelgard Owens was in a crosswalk on East Imperial Highway and Prospect Avenue at around 5:40 pm when the deadly Orange County, California bicycle accident happened.

The driver of the pickup truck, a woman, was arrested on suspicion of drunk driving. Further investigation, however, revealed that the driver was not driving under the influence when she allegedly struck Owens.

NHTSA 2008 Bicycle Accident Facts:

• 109 California pedalcyclist deaths
• 716 US pedalcyclist fatalities
• 52,000 pedalcyclist injuries
• The average age of pedalcylists who died last year was 41
• The average age of pedalcyclist injury victims was 31
• 13% of pedalcylists that died were younger than 16
• The majority of pedalyclist victims were males
• Alcohol was involved in 37% of pedalcyclist deaths

In sunny California, riding a bicycle is a popular activity, which increase the chances of Orange County, California bicycle crashes occurring. Bicyclist will usually just have their helmet and protective clothing to cushion them from the impact of colliding with a motor vehicle or the pavement (if the cyclist is thrown to the ground). Unfortunately, gear as protection is often not enough to prevent serious injuries or death.

Common Kinds of Bicycle Injuries:

• Traumatic brain injuries
• Spinal cord injuries
• Facial injuries
• Road burns
• Fracture
• Broken bones
• Organ damage
• Head injuries
• Death

Common Bicycle Crash Scenes Involving Negligent Drivers:

• A motorist fails to yield
• A driver doesn't see the cyclist
• A car rear ends a bicycle
• A driver getting out of a car accidentally hits the bicyclist with the vehicle's door

80-year-old bicyclist dies after being hit by pickup, OC Register, October 21, 2009

Bicyclist and Other Cyclists, NHTSA 2008 Traffic Safety Facts (PDF)

Related Web Resources:
Bicycle Rules and Safety, California DMV

Bicycle-Related Injuries, CDC

While multi-tasking can be an admirable habit when your working in an office or trying to complete chores at home, trying to accomplish too many tasks at once can prove dangerous when your driving a motor vehicle. Texting, talking on the cell phone, putting on nail polish, watching a video, reading a book, surfing the Internet, or eating might all seem like harmless activities--yet do any of these activities while driving and you increase the chances that you may be involved in a deadly Orange County, California motor vehicle crash.

Distracted driving-related accidents are happening so often that almost every week there are news reports of people getting hurt or dying because another driver was texting, talking on the phone, or engaged in another activity while driving. Now, the federal government has decided to hold a "distracted driving" summit to address this problem. US Transportation Secretary Ray LaHood has compared distracted driving to drunk driving and that just as people got tired of seeing loved ones killed in drunk driving accidents, they now had enough of motorists risking other people's lives because they refuse to stop texting or using a cell phone while driving.

The federal government's stance is a definite change from several years ago when the National Highway Traffic Safety Administration held back information and evidence it had that thousands of people were dying every year because of cell phone use--both hands-free or handheld--and other forms of distracted driving.

Even now, many US states still don't have laws regulating cell phone talking or text messaging. And while some states, such as California, do ban drivers from talking on hand-held cell phones and texting, now studies are revealing that just because you aren't holding the device doesn't mean you are any safer.

A recent AAA Foundation for Traffic Safety poll reported that although 87% of motorists think that texting or emailing is a dangerous activity to do when driving and 58% of motorists think talking on a cell phone is not a safe driving activity to engage in. Yet, despite this knowledge, 67% of drivers admitted to recently talking on the phone and driving at the same time, while 21% had recently texted while driving.

Our Anaheim, California personal injury lawyers are aware of the fact that despite state laws, there are still drivers out there that continue to text and talk on the phone while driving. If you were injured in an Orange County, California car crash because of a distracted driver, a drunk driver, or any other kind of negligent driver, you may have grounds for filing a personal injury lawsuit or wrongful death complaint.

Federal Agency Plans Distracted Driving Forum, NY Times, August 4, 2009

Distracted Driving the Top Reason that 35 Percent of Drivers Feel Less Safe than Five Years Ago, According to the AAA Foundation, AAA, July 27, 2009
Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association

Continue reading "Orange County, California Hit-and-Run Accidents Result in Bicycle Deaths " »

Continue reading "Deadly Huntington Beach Bicycle Accident Revisited: Families of Teen Victim and Defendant to Plead Over Plea Agreement" »

Continue reading "Anaheim Bicycle Accident is Orange County, California Hit and Run Crash" »