Recently in Car Accidents Category

March 8, 2010

California Auto Products Liability Lawsuit Filed Against Toyota in Lexus Acceleration Accident that Killed CHP Officer and Three Family Members

Six months after off-duty CHP Officer Mark Saylor, his wife, teenage daughter, and brother-in-law Christopher Lastrella were killed in a California car accident involving a runaway Lexus ES 350, their relatives have filed a wrongful death lawsuit suing Toyota Motor Corp. for damages. In their California auto products liability complaint, the plaintiffs claim that the vehicle was defective and that no proper warnings were given about this. Other defendants named in the complaint are the automaker's US division, the Lexus dealership that lent the vehicle to Saylor while his car was being serviced, and a number of other corporate entities.

The Saylor family and Lastrella were fatally injured on August 28 when their Lexus accelerated to up to 120 mph before driving off the freeway, rolling over, and catching fire. Just before the deadly collision happened, Lastrella called 911 to plead for help. The vehicle occupants thought the brakes had stopped working when in fact, the gas pedal had gotten caught in the driver's side floor mat.

This shocking and preventable cause of the tragic California car wreck has prompted Toyota to recall over five million vehicles so that the gas pedals and ill-fitting floor mat defects can be fixed. Since then, Toyota has recalled other vehicles over brake problems and sticking gas pedals. At least 34 car accident deaths are now allegedly linked to the Toyota acceleration problem that have caused motorists to lose control of their vehicles that then accelerate to high speeds before crashing.

Although Toyota has apologized for these defects that have cost people their lives, the automaker's reputation for safety has taken a huge dent. Of course, for those that have either died or lost loved ones in runaway Toyota car accidents, a mere apology is not enough to make up for such devastating losses.

Toyota sued over deaths in key California crash, Reuters, March 4, 2010

Gov't: 34 Deaths Reported From Toyota Vehicles, CBS2.com, February 15, 2010

Related Web Resources:
NHTSA's Advice to Toyota Customers, National Highway Traffic Safety Administration

Toyota Motor Corporation

Continue reading "California Auto Products Liability Lawsuit Filed Against Toyota in Lexus Acceleration Accident that Killed CHP Officer and Three Family Members" »

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February 23, 2010

Los Angeles Products Liability Lawsuit Blames Toyota Acceleration Defect for 21-Year-Old's Wrongful Death

The mother of Tyrene Livingston is suing Toyota for Los Angeles wrongful death. Sandra Livingston filed her California auto products liability lawsuit on Monday.

Her Los Angeles County products liability complaint claims that in 2007, Tyrene, 21, brought her new Toyota Yaris back to the dealer because she was experiencing brake problems. The dealer reportedly told her that her car was working fine. Unfortunately, four days after the Toyota accelerated out of control and she died at the crash site.

Although the Toyota acceleration accident took place in Pennsylvania, Sandra filed her wrongful death complaint in California, because that is where Toyota's North American headquarters is located. Sandra claims in her lawsuit that the automaker should have provided either a means for the brake to override the system or a mechanical connection between the engine and the brake.

Our California Injury Lawyers Blog has been closely monitoring the acceleration problems that have been plaguing Toyota and the owners of its vehicles. So far, the car manufacturer has recalled over 8.5 million Toyota vehicles over issues with the gas pedals, brakes, and floor mats.

This week, Toyota's top US sales executive, James E. Lentz, stood before the House Commerce and Energy Committee and apologized over the problems that led to the need to recall so many autos. While repairs have been made to alleviate the sticking gas pedals and ill-fitting floor mats, Lentz acknowledged that the repairs won't completely solve the problems. He noted that electronics could be a possible cause of the sudden acceleration incidents that has led to Toyota drivers losing control of their vehicles. Lentz says the automaker intends to install electronic programming that will let the brake override the throttle on more autos than what was previously announced.

Toyota exec says recall won't 'totally' fix problem, Los Angeles Times, February 23, 2010

LI mom sues Toyota over death crash, New York Post, February 23, 2010


Related Web Resources:
NHTSA Launches Probe into Timeliness of Three Toyota Recalls, National Highway Traffic Safety Administration, February 16, 2010

Toyota Motor Corp.

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February 19, 2010

Orange County, California Distracted Driving Accident: Costa Mesa Driver Found Guilty in 2008 Newport Beach Car Crash that Killed Nanny

A California jury has found Martin Burt Kuehl guilty of killing Martha Ovalle during a Newport Beach car accident in August 2008. The 32-year-old nanny was crossing Westcliff Drive when she was fatally struck by the Costa Mesa driver.

Prosecutors had accused Kuehl of engaging in distracted driving when he accidentally hit Ovalle with his car. The 42-year-old motorist had been sending and receiving texts within the 30 minutes leading up to the Orange County, California pedestrian accident.

However, the jury said that the texting while driving allegations did not contribute to their decision. They did, however, cite witness testimony stating that the Costa Mesa motorist did not step on the gas right away when a traffic light turned green. He also reportedly drifted lanes before striking Ovalle. Both served as indicators that Kuehl was engaged in distracted driving.

Distracted Driving Accidents
Talking on a cell phone, text messaging, surfing the Internet, eating with both hands, looking for songs on an iPod, putting on makeup, and reading are distracted driving activities that can kill motorists and pedestrians and may land the distracted driving in jail.

A Few Distracted Driving Facts:
• According to the Insurance Institute for Highway Safety, drivers who fiddle with handheld devices increase their chances of hurting themselves by up to four times.

• The National Highway Traffic Safety Administration says that the 20 and under age group, who are the most inexperienced motorists, are the ones least likely to drive while distracted.

• Per Carnegie Mellon, a distracted driver lowers the amount of brain activity that is connected to driving by 37%.

No one intends to hurt anyone by making a phone call or sending a text. But the truth is that distracted driving can kill people.

Costa Mesa driver found guilty of killing nanny in 2008 road accident, Daily Pilot, January 27, 2010

Distracted Driving: Orange County, California Judge Says Costa Mesa Driver Accused of Texting Must Stand Trial for Newport Beach Pedestrian Accident, California Injury Lawyers, September 30, 2009


Related Web Resources:
Distraction.gov

Distracted Driving, National Safety Council

Continue reading "Orange County, California Distracted Driving Accident: Costa Mesa Driver Found Guilty in 2008 Newport Beach Car Crash that Killed Nanny " »

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February 16, 2010

One Person Dead in Costa Mesa Truck Accident Involving Two Allegedly Drunk Drivers

An Orange County, California truck crash that took place at around 2:30am on Sunday has claimed the life of Cara A. Lee. The Santa Ana resident was riding in the front seat of Hao A. Nguyen's Toyota Corolla when the vehicle was struck by a Toyota Tundra truck that ran a red light in Costa Mesa.

Lee was pronounced dead at the Costa Mesa truck accident site, while Nguyen was taken to a Santa Ana hospital for treatment of minor injuries. He was arrested on suspicion of DUI.

Also arrested was Costa Mesa driver Gustavo A. Vega. The 22-year-old, who was driving the Toyota truck, was booked on suspicion of murder, felony DUI, vehicular manslaughter, possession of a controlled substance, and felony hit-and-run.

Although in most cases people never get drunk with the intention of hurting anyone, when an inebriated motorist getting behind the driver's seat of a car, he or she is putting the lives of others in great peril. Alcohol is a depressant that gets absorbed quickly into the bloodstream and stays there for awhile. It impairs a person's reaction time, slows down reflexes, impairs vision and visual perception, decreases concentration, impairs comprehension, reduces foot, hand, and eye coordination, and can cause drowsiness. While just having one of these impairments can lead to a catastrophic car crash, all of them affecting a person's driving at one time can be deadly.

Drunk drivers often have a hard time controlling their vehicle. They may not be able to stay in just one lane, forget to use headlights, follow too closely behind another auto, not realize that they are speeding or driving to slowly, and/or find it difficult to immediately stop their vehicle in an emergency.

Regardless of whether or not the legal system properly punishes a drunk driver, you can take matters into your own hands by finding out whether you have grounds for filing a Costa Mesa personal injury claim against the negligent motorist.

1 dead, 2 arrested after truck slams into car, The Orange County Register, February 14, 2010

Driving and Alcohol, Hsc.WVU.edu

Related Web resources:
Mothers Against Drunk Driving

Arrest for Driving Under the Influence (DUI): General Information, California Department of Motor Vehicles

Continue reading "One Person Dead in Costa Mesa Truck Accident Involving Two Allegedly Drunk Drivers " »

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February 10, 2010

Woman's Family Files California Auto Products Liability Lawsuit Against Toyota for Camry Car Crash that Caused Her Los Angeles County Wrongful Death

The family of 66-year-old Noriko Uno is suing Toyota for California wrongful death. They are claiming auto products liability over the fatal car crash that occurred when her Camry accelerated out of control on August 28, 2009--the same day that four people died in San Diego when their Lexus accelerated out of control. That runaway car crash led to the recall of over 4 million vehicles because the gas pedal could get entangled in the floor mat.

According to witnesses, Uno's Camry accelerated to 100 mph. She wove in and out of traffic until her vehicle hit a curb, flew into the air, struck a pole, and hit a tree. Uno died from her Los Angeles County car accident injuries.

The family's Los Angeles County wrongful death lawsuit claims that Uno died because of a defect with her Camry's electronic "drive-by-wire" throttle system. The automaker has maintained that this system is not a cause of the numerous runaway Toyota car accidents that have been happening.

Uno's family is seeking unspecified damages and is calling on Toyota to expand its recall further. The car manufacturer has recalled 2.3 million vehicles over the sticking gas pedal problem, but Uno's Camry, a 2006 model, is not included in the recall.

The family's California auto products liability lawyer says Toyota should recall its 2002 - 2006 Camry models. He says the National Highway Traffic Safety Administration and the automaker were aware of 389 complaints filed involving these models over accelerators that went out of control but that the NHTSA closed its probe because it couldn't obtain enough data to arrive at any final findings.

This week, Toyota recalled hundreds of thousands of other vehicles over other defects. The auto manufacturer recalled 437,000 Prius and Lexus hybrids so that the software that controls the brake system can be repaired. It also recalled 7,300 Camrys ( 2010 model) because of a problem with the brakes.

The federal government is also looking into complaints that there may be a problem with the steering on the 2009 and 2010 Corollas. About 80 complaints have been filed in the US.

Toyota Corolla steering problems prompt complaints to feds, February 9, 2010

Toyota To Recall 437,000 Hybrids As Prius Concerns Add To Woes, February 9, 2010

Calif. suit blames Toyota throttle for fatal crash, Reuters, February 4, 2010


Related Web Resources:
Recall Information, Toyota

NHTSA

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February 1, 2010

Costa Mesa Woman Wants $2 Million for Newport Beach Pedestrian Accident Injuries

24-year-old Brandi Lynn Sutton wants the city of Newport Beach to compensate her for $2 million for injuries she sustained when she was hit by a taxi in August 2009. The Costa Mesa resident says that the crosswalk she was in was poorly lit.

Sutton broke bones in her lower leg, suffered a concussion, and sustained elbow, knee, and back injuries when she was struck by a Ford Crown Victoria cab at around 2am on West Balboa Avenue at 26th Street. She claims that a number of factors contributed to her Newport Beach pedestrian accident, including the faded crosswalk paint and an unlit street light that created a dangerous condition on public property.

There are conflicting reports over what happened that night. One witness in a police report claims that Sutton was not in the crosswalk when the Orange County, California traffic crash happened and that she appeared to be "loitering in the roadway" and was in no hurry to get to the sidewalk. The same witness said that the street light did not go on, and only did so intermittently, until after the accident involving Sutton happened.

City officials turned down Sutton's Orange County, California injury claim asking for $2.2 million. She will have to file a Newport Beach injury lawsuit in order to recover damages.

If you were injured on public property in Newport Beach, you will first have to file a claim against the city. If your injury case is not resolved after you file, you may want to pursue a Newport Beach injury lawsuit against the city.

Premise owners are responsible for ensuring that the property they own/oversee has no hazardous conditions that can contribute to causing an Orange County, California premises liability accident. This includes making sure that roads are properly designed, adequately lit, and equipped with the proper traffic signs and signals.

Woman hit by taxi wants $2 million, The Orange County Register, February 1, 2010


Related Web Resources:
Newport Beach, California

Continue reading "Costa Mesa Woman Wants $2 Million for Newport Beach Pedestrian Accident Injuries" »

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January 30, 2010

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

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" »

January 27, 2010

Woman who had hypoglycemic episode during Orange County, California car accident that killed 70-year-old woman has another pretrial hearing

The 18th pretrial hearing for Lake Forest resident Betty Diaz, who bees charged with felony manslaughter and child endangerment, was scheduled for last week. The 39-year-old driver, who has Type 1 diabetes, crashed her Chevrolet Suburban head-on into a Toyota Camry, killing Kyung "Connie" Chung, 70 on the afternoon of July 3, 2007.

Diaz likely became confused and disoriented when she suffered a hypoglycemic episode while driving on Irvine Center Drive. She lost control of her SUV, driving over the center divide and into oncoming traffic. Chung was later pronounced dead at a local hospital. Diaz and her two kids, ages 8 and 9, were also treated for injuries.

Diaz has had diabetes for more than two decades. She told a physician that on the night before the Irvine car accident, her blood sugar levels were four times above the normal. She says she may have gone too far in trying to bring them down. On the morning of the Orange County, California auto collision, she took insulin on an empty stomach and she'd eaten her last meal the night before.

Diabetics who take insulin must do so before a meal, otherwise the medication can trigger hypoglycemia, which may cause dizziness, confusion, shaking, fainting, seizures, nervousness, anxiety, sweating, light-headedness, anxiety, drowsiness, or weakness. Certain diabetes medications can cause hypoglycemia as a side effect, as can drinking alcohol, skipping or delaying meals, and accelerated physical activity.

Irvine, California Car Accidents
There are many reasons who a motorist can be held liable for Orange County, California personal injury or wrongful death. The driver does not need to have purposely intended to harm the injured party. However, if he/she acted in a manner that was negligent, careless, or reckless, an Irvine car accident victim and/or his/her family members may be able to obtain financial recovery.

Motorists are responsible for not engaging in any kind of behavior that might place pedestrians and other vehicle occupants at risk. You may be able to obtain compensation for medical costs, rehabilitation expenses, funeral costs, cremation costs, lost wages, lost future income, and other damages.

Woman faces charges after diabetic episode, OC Register, January 22, 2010

Hypoglycemia, National Diabetes Information Clearinghouse

Continue reading "Woman who had hypoglycemic episode during Orange County, California car accident that killed 70-year-old woman has another pretrial hearing " »

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January 22, 2010

Toyota Recalls 2.3 Million Autos Over Gas Pedal Defect and Chrysler Recalls 24,177 Vehicles Over Possible Brake Failure

On Tuesday, Chrysler announced the recall of 24,177 vehicles over an auto defect that can lead to brake failure. The vehicles included in the recall are the:

• Dodge Avenger
• Chrysler Sebring
• Nitro
• Commander
• Jeep Liberty
• Grand Cherokee SUV
• Dodge Ram Trucks (2009 and 2010 models)

Except for the 2009 Dodge Ram trucks, all of the vehicles are 2010 models. There have been no reports of accidents or injuries so far. Chrysler says that because of a manufacturing error, the brake booster road retaining clip either wasn't installed or was placed incorrectly in the vehicles. Car owners can take their vehicles to a Chrysler dealership where the part can be reinstalled.

On Thursday, Toyota recalled 2.3 million trucks and cars over a faulty gas pedal. This latest recall comes in the wake of nine large recalls by Toyota last year that impacted approximately 4.9 million motor vehicles. This latest Toyota recall involves:

• Tundra pickups, 2007 - 2010 models
• Matrix hatchbacks, 2009 - 2010 models
• Avalon sedans, 2005 - 2010 models
• Camry sedans, 2007 - 2010 models
• Corolla, 2009 - 2010 models
• Sequoia SUV's, 2008 - 2010 models
• Highlander, 2010 model
• RAV4, 2009 - 2010 models

Our Orange County, California auto products liability lawyers want to remind you that if you were injured in a car crash because of a defective auto part or because a vehicle malfunctioned you may be entitled to personal injury compensation. It doesn't matter whether a recall announcing the defect was issued. Car manufacturers owe consumers a duty of care to design and manufacturer autos that are free from hazardous defects.

Also, the National Highway Traffic Safety Administration announced this week that it is examining Ford Motor Co. F-150 pickup trucks (2004 - 2006 models) over a possible air bag defect. About 1.56 million vehicles may be involved in this probe. Ford thinks that an electrical short may be causing the problem.

The automaker received over 300 complaints that the airbag on the driver's side deployed without warning and not because of a motor vehicle crash. Over 60 people have been injured. Cuts to the hands, arms, and face are among the injuries. Two motorists lost consciousness.

NHTSA Expands Probe of Faulty Airbags in Millions of Ford Trucks, FoxNews, January 22, 2010

Toyota Recalls 2.3 Million Vehicles to Fix Gas Pedals, Bloomberg.com, January 22, 2010

Chrysler recalls vehicles over brakes, AP/Yahoo, January 19, 2010


Related Web Resources:
NHTSA

Defects and Recalls, Safercar.gov

Continue reading "Toyota Recalls 2.3 Million Autos Over Gas Pedal Defect and Chrysler Recalls 24,177 Vehicles Over Possible Brake Failure" »

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January 14, 2010

Plaintiff With Spinal Cord and Head Injuries Files Los Angeles County Auto Products Liability Lawsuit Against Nissan Over Seatback Defect

More than three years after Jaklin Mikhal Romine sustained catastrophic injuries during a Los Angeles County car crash, she is now suing Nissan Motor Co., Nissan Design America, Nissan North America Inc., Vintec Co., and Ikeda Engineering for California auto products liability.

Romine was stopped at a Pasadena intersection on October 21, 2006 when another vehicle rear-ended her 2000 Nissan Frontier. In her Los Angeles County injury lawsuit, Romine claims that a seatback defect caused the seat she was on to collapse backward. As a result, her head struck the back seat, and she sustained serious head injuries and spinal cord injuries. Romine is now an incomplete paraplegic.

Romine's Los Angeles auto products liability complaint accuses Nissan of knowing that the seatbacks in her pickup truck were not strong enough to survive a modest rear-end crash. She says that other car accident victims have filed personal injury lawsuits over the same defect in the past. She also says in-house testifying verified that the seatbacks were faulty.

The plaintiff contends the seatback defect could have easily been corrected with stronger recliners, seatback frames, and belt-integrated seats. She is accusing Nissan of choosing profit over vehicle occupants safety.

Seat Back Defects
Seat back defects are not uncommon and they can prove fatal. A seat that collapses backwards can cause serious head and spinal injuries for the occupant in the seat that collapses, while the person riding behind the defective seat that falls backward is at risk of sustaining chest and head injuries. A seat that collapses forward during a collision can also prove catastrophic for vehicle occupants.

Car manufacturers are supposed to design and make seats that are free from defects and will not collapse during a collision. An automaker can be held liable for Orange County, California auto products liability if serious injuries or death results.

Fox Business News, January 13, 2010

Related Web Resources:
Products Liability, Justia

Seat Failures and Occupant Restraints

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January 13, 2010

Victims of Huntington Beach Car Crash Lawsuit Sues City After They Are Rear-Ended by Police Officer

Five people have filed an Orange County, California personal injury lawsuit against the city of Huntington Beach. Yisraela Levine, Brian Linn, Georgina Robinson, and two minors are seeking at least $79,000 for injuries they sustained in October 2007.

According to their Huntington Beach car accident complaint, all of the victims sustained a number of injuries during the rear-end crash, including headaches, back pain, and neck pain, after the impact of the collision caused them to be "thrown violently" in the 2005 Hyundai Sonata that they were riding.

The vehicle was stopped when the on-duty police officer allegedly struck their vehicle from behind at a speed of approximately 50 mph. The plaintiffs are claiming damages for medical costs, lost income, and lost wages.

Meantime, Huntington Beach officials say the cop was not negligent and the plaintiffs are the ones who neglected to take reasonable steps to reduce damages or injuries during the California auto collision.

Rear-End Crashes
According to Science Daily, in 2006, 29% of US injury crashes were rear-end collisions--that's 1.8 million accidents. Injuries sustained in a rear-end car accident can be extremely painful and debilitating, as well as costly to treat. Recovery can take months if not longer. Common rear-end collision injuries:

• Neck injuries
• Back injuries
• Ligament injuries
• Whiplash
• Spinal cord injuries
• Facial injuries
• Soft tissue damage
• Muscle strain

Common Causes of Rear-End Accidents:

• Speeding
• Not driving the appropriate speed for the current weather or road conditions
• Driver inattention
• Distracted driving
• Following too closely
• Driver inexperience
• Drunk driving

According to the Insurance Institute for Highway Safety, 2 million insurance claims costing at least $8.5 billion are filed annually over rear-end accidents. You may be entitled to California injury recovery for your medical bills, rehabilitation costs, lost income, the damage to your vehicle, and other damages and losses.

Five sue after police vehicle crashes into their car, OC Register, January 12, 2010

Human Factors Psychologists Study How To Avoid Rear-end Collisions, Science Daily, May 1, 2008


Related Web Resources:

Insurance Institute for Highway Safety

California Department of Transportation

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January 11, 2010

Spinal Cord Injury Victim to Receive $1.45 Million California Injury Lawsuit Following Cell Phone Driving Accident

The city of Palo Alto and car accident victim Silvio Obregon have reached a $1.45 million California personal injury settlement over the September 6, 2006 car crash that left Obregon with a spinal cord injury. The California injury plaintiff was hurt when he was rear-ended by a city-owned vehicle driven by Ruben Salas, a city utilities worker.

Obregon was stopped at a red light when Salas, who took his eyes off the road to reach for his cell phone, struck him. Now, Obregon can no longer work as a supervisor for a janitorial services company, which was a job he held for 20 years. He suffers from peripheral neuropathy, and an electronic stimulator had to be surgically implanted in him to decrease his back pain.

Cell Phone Driving Accidents
California distracted driving accidents can have catastrophic consequences. Reaching over to grab a cell phone or taking one's eyes off the road for just a few seconds to read a text message may seem like harmless acts. However, the few seconds it takes to complete these distractions have been known to kill people.

The federal government recently launched Distraction.gov, a distracted driving Web site. Some of the facts provided:

From the University of Utah: Use of any cell phone slows driver reaction time as much as driving with a blood alcohol concentration of .08% slows a drunk driver's reaction time.

From the Insurance Institute of Highway Safety: Using a handheld device increases a motorist's risk of hurting themselves in a car crash by four times.

From Carnegie Mellon: Using a cell phone while driving slows brain activity involved for driving by 37%.

A driver who is distracted can be sued for Orange County, California personal injury if his or her negligence, carelessness, or recklessness hurts someone else.

Palo Alto pays $1.45 million for car accident, Palo Alto Online, January 6, 2010

Statistics and Facts About Distracted Driving, Distraction.gov


Related Web Resources:
Spinal Cord Injury, Mayo Clinic

Insurance Institute for Highway Safety

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December 21, 2009

Ontario Woman Killed in Orange County, California Car Accident Involving Allegedly Drunk Anaheim Motorist Accused of Speeding at 120 mph

A 42-year-old woman is dead because of fatal injuries she sustained during an Orange County, California car accident on I-10E yesterday morning. The Ontario motorist was on the San Bernardino Freeway at around 2:40 am when her vehicle was rear-ended by a 2009 Acura driven by Thomas Vanauken, a 43-year-old Anaheim driver.

The California Highway Patrol says that the woman had decreased her speed as traffic slowed. Meantime, Vanauken, who is accused of drunk driving, was allegedly operating his vehicle at a speed greater than 120 mph.

The woman sustained major injuries and was pronounced dead at Baldwin Park hospital. Two women were riding in the vehicle with her, a 32-year-old Pomona resident and another passenger. They sustained moderate to mild injuries.

The CHP says Vanauken faces numerous criminal charges, including driving while intoxicated and causing injury or death and gross vehicular manslaughter while intoxicated.

Careless or Reckless Driving

Driving at a speed that is higher than the posted speed limit always increases the chances that an Orange County, California motor vehicle crash will happen. Speeding while driving drunk is even more dangerous and very irresponsible.

Our Anaheim car crash lawyers understands how devastating it can be for anyone that has gotten seriously hurt or lost someone in a traffic crash because another motorist was driving drunk, under the influence of drugs, speeding, disobeying traffic laws, texting or talking on the cell phone while driving, reading a magazine, putting on makeup, surfing the Web, or engaged in another form of dangerous driving. Driving while impaired is negligent driving. Even if the motorist did not intend to hurt or kill the car crash victim(s), they can still be held responsible in both civil and criminal courts.

CHP: Anaheim driver drunk, driving 120 mph before fatal crash, OC Register, December 21, 2009

Motorist killed by suspected drunk driver going over 120 mph, Los Angeles Times, December 20, 2009

Related Web Resources:
California Highway Patrol

California Department of Motor Vehicles

Continue reading "Ontario Woman Killed in Orange County, California Car Accident Involving Allegedly Drunk Anaheim Motorist Accused of Speeding at 120 mph" »

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December 17, 2009

Local Police Agencies Attempt to Prevent Orange County, California Drunk Driving Accidents with Year-End Enforcement Blitz

Police in Orange County, California are getting help from the state to combat drunk driving with $400,000 in grants for 2010. The Office of Traffic Safety is planning to call next year the "Year of the Checkpoint" and is announcing $8 million in checkpoint grants statewide. The Orange County, California cities that received checkpoint "mini-grants" include Yorba Linda, Westminster, Seal Beach, Placentia, Orange, Laguna Beach, La Habra, Irvine, Garden Grove, Fullerton, Cypress, and Costa Mesa. Over 250 checkpoints are to be set up beginning the end of this week and into the first weekend of the New Year in an increased effort to stop drunk drivers and prevent more California car crash deaths.

The increased emphasis in checkpoints in the last three years has decreased the number of California drunk driver-related deaths. However, in 2007, Santa Ana ranked number 5, Costa Mesa ranked number 2, Anaheim was number 8, and Newport Beach was number 3 (population size plays a part in a city's ranking) among California cities for having the most number of alcohol-related injuries and deaths.

As long as people continue to get injured or killed by drunk drivers, there will always be more that law enforcement authorities can do to prevent alcohol-related collisions from happening. On Saturday, Costa Mesa authorities arrested a 20-year-old woman for allegedly striking a man during a Newport Beach pedestrian accident. Shana Lynne Calderon is accused of drunk driving, hit-and-run, and driving without a license. The victim sustained serious head injuries.

Also, in another Orange County, California drunk driving accident, prosecutors have charged 22-year-old Jessica Lynn Shekell with two felony counts of vehicular manslaughter with gross negligence while intoxicated. The Anaheim woman's BAC was 26% when she drove her pickup the wrong way on October 26 and struck the pickup truck driven by Sally Miguel, 49. Miguel and her sister Patricia died from their injuries. Sara Miguel, 11, and Mary Miguel, 15, sustained internal injuries. Shekel suffered arm fractures and facial trauma. At her arraignment on Tuesday, she pleaded not guilty to the criminal charges.

Police plan big crackdown on drunk driving, OC Register, December 17, 2009

Woman charged with killing 2 while driving wrong way, drunk, OC Register, December 17, 2009

Woman arrested in hit-run accident, Daily Pilot, December 12, 2009


Related Web Resources:
Fatalities and Fatality Rates in Alcohol- Impaired-Driving Crashes by State, 2007-2008, NHTSA (PDF)

California Office of Traffic Safety

Continue reading "Local Police Agencies Attempt to Prevent Orange County, California Drunk Driving Accidents with Year-End Enforcement Blitz" »

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December 3, 2009

California SUV Rollover Lawsuit: US Supreme Court Rejects Ford Appeal Over $82 Million Auto Products Liability Verdict

The US Supreme Court is refusing to review the $83 million verdict awarded in the California SUV rollover lawsuit against Ford Motor Co. The auto manufacturer has sought to have the auto products liability award against it overturned since 2004 when a jury awarded $369 million to Benetta Buell-Wilson for her personal injuries. That was the first time Ford had ever lost a products liability lawsuit involving a Ford Explorer.

During the appeals process, the award amount was reduced. Eventually Buell-Wilson and her husband were awarded $55 million in punitive damages and $27.6 million in compensatory damages.

In 2002, Buell-Wilson sustained a spinal cord injury that left her a paraplegic. The then 46-year-old mother of two swerved her Ford Explorer to avoid striking a metal object that fell from another vehicle. Her sport utility vehicle then rolled over four times.

Buell-Wilson and her husband sued Ford for California personal injury. They claimed that the Ford Explorer had a poorly designed roof and that it was prone to rollovers.

SUV Rollover Accidents

Thousands of motor vehicle crashes are caused by auto rollovers. The vehicle may be an SUV, a van, a passenger vehicle, or a light truck. Out of all these vehicles, however, SUV's have the highest rollover rate.

Auto defects that can lead to SUV rollover injuries:

• Poor vehicle design with its higher center of gravity
• Defective tires
• Roofs that easily crush inward during a rollover accident
• Defective seat belts
• Inadequate safety features

An Orange County, California SUV rollover accidents can lead to spinal cord injuries, traumatic brain injuries, massive internal injuries, and wrongful death.

Auto manufacturers are supposed to design vehicles that are not easily prone to rolling over. The motor vehicles should also come with the proper safety devices to protect passengers in the event of a rollover accident. An SUV rollover can be caused by a defective auto part or by a negligent motorist. Injured parties may have grounds for filing an Orange County, California auto products liability lawsuit.

Supreme Court rejects Ford's appeal in rollover case, Los Angeles Times, December 1, 2009

$369M Verdict In SUV Rollover, CBS, June 4, 2009


Related Web Resources:
Statement of Benetta Buell-Wilson, Public Citizen, March 23, 2004

US Supreme Court

Rollover: The Hidden History of the SUV

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