California Injury Lawyers Blog

A judge has sentenced 43-year-old Anne Keen to two years behind bars over an Orange County, California car accident that claimed the life of an elderly motorist. Pat Thompson-Yates, 77, died on January 18, 2011.

According to prosecutors, Keen was in Irvine when, because she wasn't paying attention, instead of stopping at the red light at the Farwell Avenue and Culver Avenue intersection she kept driving, which caused her car to CRASH into the vehicle driven by Thompson-Yates, who was making a legal left turn from Farwell Avenue. Keen's vehicle then spun around before again striking the elderly woman's car. Thompson-Yates, who was rushed to the hospital, died from multiple blunt-traumatic injuries.

Meantime, testing showed that Keen had methamphetamine in her system at the time of the collision. She negotiated a deal, pleading guilty to one misdemeanor count of using a controlled substance, the felony crime of vehicular manslaughter with gross negligence, and the infraction of driving as an uninsured motorist.

Distracted Driving
It is imperative that motorists pay attention to the road and other vehicles. Taking your eyes off the road for just a few seconds or becoming so preoccupied with a conversation you are engaged in/whatever you are worrying about can prove fatal. Couple any type of distracted driving activity--texting talking on a cell phone, surfing the Internet, eating, putting on makeup, looking elsewhere other than the road, reading a book, watching a movie, or eating--with driving while intoxicated and the consequences can be catastrophic.,

Driving while Intoxicated
Driving while under the influence of alcohol or drugs or heavy medication can affect driver attention, cognitive abilities, behavioral skills, judgment, coherence, and the ability to think and react clearly. It is also against the law. Unfortunately, every year, people are killed because motorists weren't paying attention and/or were intoxicated or inebriated. The law takes a harsh stance against motorists that were driving under the influence and often, the impaired driver must face the harsh consequences of jail time, harsh fines, and the knowledge that he/she caused someone else devastating harm.

"In addition to any criminal case filed against a reckless driver, you may be able to file an Irvine car accident claim to recover damages," said Anaheim personal injury attorney Vincent Howard.

It is important that you speak with an experienced Orange County, California motor vehicle crash law firm as soon as possible after the accident. There may be evidence that needs to be gathered and preserved and key witnesses to speak to while their memories of what happened are still fresh.

Distracted driver sentenced in fatal crash, OC Register, January 6, 2012

Irvine woman faces manslaughter charge in red-light crash, Los Angeles Times, September 29, 2011

More Blog Posts:
CHP Employs "Zero Tolerance" Policy with Distracted Driving Crackdown, California Injury Lawyers Blog, December 29, 2011

NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Huntington Beach Pedestrian Accident Lawsuit Accuses Police Officer of Talking on Cell Phone While Driving, California Injury Lawyers Blog, October 10, 2011

Continue reading "Irvine Woman Sentenced in Deadly Orange County, California Car Accident" »

Beginning 6am December 30 through 6am December 31, the CHP will be enforcing a "zero tolerance' policy on cell phone use while driving to help prevent California distracted driving accidents. Law enforcement officers will be cracking down on anyone talking on a cell phone illegally, which means the use of a handheld device, or text messaging while driving.

Per the state's vehicle code, a driver can receive a $145 to $1000 fine for the "wanton disregard" of a person's safety. Cell phone violations can result in a $20 fine for the first offense and $50 for the next one. Court expenses and other fees, however, usually result in a ticket totaling over $100.

It was in 2008 that the state of California made it illegal for drivers to use a handheld phone while driving. Since then, the CHP has issued 518,161 citations. They also have written at least 11,634 tickets for motorists that were caught texting while driving.

"Texting while driving or using a handheld cell phone to make/take a call places not just the distracted driver but also endangers the other people in the vehicle, the occupants of other autos, pedestrians, and bicyclists, said Howard Law, PC partner and Anaheim car accident lawyer Vincent Howard.

Cell phones are involved in about 1.3 million US traffic accidents a year, resulting in thousands of deaths and hundreds of thousands of injuries. Unfortunately, many motorists don't think using a handheld device or texting while driving is dangerous as long as they are the ones doing it. Yet the injury, death, and collision rates cannot be ignored.

According to the Los Angeles Times, text messaging and handheld cell phone use are not the only distracted driving behaviors that will be on law enforcement officers' radar this weekend.They will also be keeping an eye out for people who are eating, putting on makeup, or reading magazines while operating a motor vehicle.

"Multi-tasking may be a fine way to get things done when your not driving, but combine driving with another activity that requires your attention and the need for you to take one hand off the steering wheel, and you've created a deadly situation that can destroy lives," said Anaheim Personal Injury Attorney Howard.

Other activities that can prove distracting when driving:
• Watching a movie or downloaded television program on a portable electronic device
• Shaving
• Brushing your teeth
• Feeding a child
• Playing with a pet
• Reading a book
• Changing one's clothes
• Adjusting an MP3 player, CD player, or the radio
• Inputting information into a navigation system

CHP crackdown includes drivers who eat behind the wheel, Los Angeles Times, December 29, 2011

National Safety Council

California Highway Patrol

More Blog Posts:
NHTSA Reports 2,715 California Traffic Fatalities in 2010, California Injury Lawyers Blog, December 15, 2011

NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Huntington Beach Pedestrian Accident Lawsuit Accuses Police Officer of Talking on Cell Phone While Driving, California Injury Lawyers Blog, October 10, 2011

Continue reading "CHP Employs "Zero Tolerance" Policy with Distracted Driving Crackdown" »

According to the National Highway Traffic Safety Administration, there were 2,715 California motor vehicle traffic deaths last year, which is 375 fatalities less than in 2009. These figures are in line with the overall decrease in motor vehicle deaths experienced nationwide. Per the NHTSA's Fatality Analysis Reporting System, there were 32,885 US traffic fatalities in 2010--the lowest number since 1949 when there were 30,246 deaths.

"Obviously, a decline in motor vehicle fatalities is good news any day of the year, but any death that happens on a California road is one too many," said Anaheim Personal Injury Attorney Vincent Howard. "We at Howard Law, PC, hope this decrease continues."

Safety officials are likely hoping for the same, as law enforcement agencies step up their efforts during this holiday season to crack down on drunk driving. This week, US Transportation Secretary Ray LaHood announced the country's 'Drive Sober Or Get Pulled Over' campaign. While 2010 data reported a decline in drunk driving fatalities last year--there were 791 California alcohol-impaired driving deaths (down from the 924 fatalities in 2009) and nationally, there were 20,228 alcohol-impaired driving fatalities in 2010 (down from the 10,759 deaths in 2009)--alcohol is still a factor in one out of every three traffic deaths in the US. In Los Angeles County alone, during last year's holiday season, 276 people were arrested for possible drunk driving and 197 were arrested for driving under the influence.

In Orange County, Los Angeles County, San Bernardino County, and Riverside County, California, our Huntington Beach motor vehicle crash lawyers are familiar with the devastation that being involved in an accident can cause for those involved and the emotional, financial, and physical toll this can take. We help victims and their families recover compensation for the harm they have suffered.

Other 2010 FARS Traffic Safety Facts:
• 22,187 passenger vehicle deaths
• 529 large truck fatalities
• 4,502 motorcycle deaths
• 4,280 pedestrian deaths
• 618 pedalcyclist fatalities

Except for large truck deaths, which were 30 more than in 2009, and pedestrian fatalities, at 171 more in 2010 than during the year before, the other types of motor vehicle deaths all dropped in numbers. It is important, however, to note that the total number of those injured in US motor vehicle crash injuries went up slightly, with 2.24 million traffic injuries in 2010 (up from 2.2 million in 2009.)

2010 Motor Vehicle Crash Overview, FARS, NHTSA, US Department of Transportation (PDF)

State motor vehicle fatalities, 2010, FARS, NHTSA, US Department of Transportation (PDF)

More Blog Posts:
NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Costa Mesa Woman Arrested in Newport Beach Pedestrian Accident May Have Been Intoxicated, California Injury Lawyers Blog, December 7, 2011

Deadly Air Bag Defect Prompts Honda To Recall Another 273,000 Autos,
California Injury Lawyers Blog, November 30, 2011

Continue reading "NHTSA Reports 2,715 California Traffic Fatalities in 2010" »

The National Transportation Safety Board is recommending that every state ban drivers from using cell phones and other electronic devices unless there is an emergency. The recommendation comes following the board's finding that a deadly Missouri multi-vehicle pileup last year that killed 2 teenagers and injured 38 others involved a motorist who sent or received 11 texts in an 11-minute time span.

Although the NTSB cannot make the states adopt regulations, lawmakers do seriously consider its recommendations. The board's recommendations come less than a week after the National Highway Traffic Safety Administration released its findings from its national survey on distracted driving. In California, except for school bus drivers and drivers under 18, other motorists are allowed to talk on cell phones as long as they aren't holding the device in their hands. Statewide, no one is allowed to text while driving. Unfortunately, this doesn't mean that there aren't motorists that continue to talk on handheld devices or that they have stopped texting. At Howard Law, PC, our Anaheim car accident lawyers are familiar with the devastation that distracted driving can create in the lives of victims and their families.

According to a government phone survey released last week by the National Highway Traffic Safety Administration:

• Most drivers don't think it's dangerous for them to text and drive--although they don't think its safe when other drivers are the ones texting.
• Approximately 50% of US drivers in the 21-24 age group admit to having texted or emailed while driving
• At any moment, nearly 1 out of 100 motorists can be found emailing, texting, or doing something else with a handheld device while operating a motor vehicle at the same time. The frequency of these distracted driving activities have gone up 50% more than in 2009
• Most drivers don't see a problem with answering the phone while driving
• Over half of the motorists surveyed said they don't think making a phone call affects their driving performance
• A quarter of them had the same opinion regarding how emailing or doesn't affect their driving
• 90% don't feel safe if they are riding in a vehicle where the driver is emailing or text messaging

6,002 respondents in the 18 and over age group participated in the NHTSA's survey.

The NHTSA says there were 3,092 US distracted driving deaths in 2010. Currently, there are 35 states that have a statewide ban on texting.

"Unfortunately, most people still don't fully comprehend that seemingly harmless behavior, such as making a phone call or sending a text message, is dangerous conduct when done in conjunction with operating a motor vehicle," said Howard Law, PC partner and Orange County, California personal injury lawyer Vincent Howard. "It can take just a few seconds, while one's attention is focused on a PDA or a phone, for a devastating crash to occur."

NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011

National Distracted Driving Telephone Survey Finds Most Drivers Answer the Call, Hold the Phone, and Continue to Drive, NHTSA, December 2011

More Blog Posts:
Huntington Beach Pedestrian Accident Lawsuit Accuses Police Officer of Talking on Cell Phone While Driving, California Injury Lawyers Blog, October 10, 2011

Huntington Beach Car Crash Lawsuit: Driver Rear-Ended in Accident That Killed Baby in Crosswalk Sues Distracted Driver, California Injury Lawyers Blog, September 29, 2011

Number of California Car Crashes Not Going Down Despite Handheld Cell Phone and Texting while Driving Bans, Says HLDI, California Injury Lawyers Blog, January 30, 2010

Continue reading "NTSB Wants All States to Ban Cell Phone Driving" »

Catherine Sanchez has filed a Huntington Beach personal injury lawsuit over injuries she says that she sustained in an Orange County, California pedestrian accident last May. The 47-year-old woman says she suffered physical and emotional harm when she was hit by a car driven by a Huntington Beach cop. Sanchez claims the officer was talking on his cell phone and also speeding.

A police supervisor that arrived at the scene chose not to file an incident report. According to the police, on the day of the alleged Huntington Beach pedestrian accident Sanchez didn't tell them that she'd been struck by the police car and they believe that her son pulled her out of the way just in time. However, Sanchez disputes their account. She claims that the vehicle struck her on the left side of her body, which left her with bruises and in pain. She also contends that the officer allegedly involved in the accident reportedly stopped, yelled at her, and then drove off.

Now, Sanchez is seeking $500,000 in Huntington Beach personal injury damages.

If distracted driving played a role in causing the police officer to strike Sanchez, there is a good chance the city of Huntington Beach could be ordered to pay damages for the harm that she suffered. If the officer accidentally struck her with his vehicle and then left the scene without getting her medical help, that would also be an act of negligence and likely grounds for Huntington Beach personal injury compensation.

Distracted Driving
Texting, talking on a cell phone, watching a video, surfing the Internet, and sending emails can prove to be dangerous activities when done while operating a motor vehicle. In California, there is a ban on the use of handheld cell phones while driving. Texting while driving is also banned. That said, talking on a hands free set can also prove distracting enough to case an Orange County, California car crash. Distracted driving is dangerous and can be grounds for a Huntington Beach injury claim.

Over the last few years, there has been a greater effort by lawmakers and safety advocates to provide statistics while educating the masses about this dangerous driving habit. The facts and evidence supporting this continue to mount.

For example, according to a recent study that took place at Texas A&M University's Texas Transportation Institute, motorists that are texting whie driving take two times as long to react to traffic signals as those that aren't sending text messages.

Drivers were tested on an 11-mile course. They were told to stop when they saw a flashing yellow light. While the motorists who weren't texting took no more than a second to respond to a flashing light, those who were texting took three to four seconds. Drivers who were texting had an 11 times greater chance of not seeing the flashing signal.

Recent study shows reaction time doubled by distracted drivers, The Times Herald, October 9, 2011

Woman claims officer hit her with car, Huntington Beach Independent, September 28, 2011

Related Web Resources:
Distracted Driving, National Highway Traffic Safety Administration

Cell Phone and Texting Laws, Governors Highway Safety Association

More Blog Posts:
Huntington Beach Car Crash Lawsuit: Driver Rear-Ended in Accident That Killed Baby in Crosswalk Sues Distracted Driver, California Injury Lawyers Blog, September 29, 2011

Number of California Car Crashes Not Going Down Despite Handheld Cell Phone and Texting while Driving Bans, Says HLDI, California Injury Lawyers Blog, January 30, 2010

Los Angeles Car Accident: Lawsuit Blames the County, the City of Santa Clarita Over Woman's Wrongful Death While Watching July 4 Fireworks, California Injury Lawyers Blog, June 24, 2011

Another Orange County, California personal injury lawsuit has been filed in the Huntington Beach traffic crash death that killed a baby in a crosswalk last. Caryl Johnson says she became permanently disabled and sustained emotional scars when driver Anthony Cesares crashed his Chevrolet Tahoe into Johnson's truck, which was stopped in front of the pedestrian lane at the intersection of Springdale Street and Croupier Drive. She is suing Cesares and the city of Huntington Beach for negligence.

Johnson's 2006 Toyota Tundra slammed into baby Ruby Rose Gould in her stroller, her mother Renee Gould, and her 11-year-old cousin Daisy Chuntz. The impact of the crash caused the nearly 4-month-old infant's body to be thrown some 40 feet. She died of head trauma. Meantime, her mother sustained a fractured vertebrae and her cousin Daisy broker her leg. Daisy's 7-year-old brother did not suffer physical injuries but he saw the crash happen. Ruby and her Mom, both Australian nationals, were in the US visiting family.

Police reports show that Cesares became distracted when his laptop, which was in the passenger seat, slipped out of its carrying case. As he quickly looked down to keep the laptop from falling to the ground, he failed to notice Johnson's vehicle in front of him.

Cesares's vehicle was moving at a speed of about 40 mph at the time. Although he stepped on the brakes, he could not stop in time. He has since pleaded guilty to involuntary manslaughter and his now on three years informal probation.

Ruby's loved one's have already filed their Huntington Beach, California wrongful death and personal injury complaints. Her parents spent three years trying to conceive her. Also named a plaintiff in Johnson's complaint is her husband Ronald, who is claiming loss of consortium because his wife is not able to performer her spousal duties and services.

Following the tragic Huntington Beach pedestrian accident, residents in the area complaint that the zone where it happened was not safe, poorly marked, and that vehicles drove swiftly through the area. If more could have been done by the city to ensure that the pedestrian lane was safer so that the collision that killed Ruby and injured her family wouldn't have happened, the city may owe damages over what happened.

Distracted Driving
Distracted driving is dangerous. Texting while driving, reading a magazine, talking on a cell phone, trying to calm down the dog in the back seat, picking up items that have fallen off the passenger seat can all cause serious injuries and deaths not just for the driver but for those that happen to be in the area should an accident happen. Motorists can be held liable for Huntington Beach personal injury if their distracted driving behavior hurts others. Sadly, these drivers likely never intended to do anything to hurt anyone. However, this does not mean there aren't real life consequences that they must deal with as a result of their actions.

Baby's crosswalk death sparks another suit, OC Register, September 29, 2011

Distracted Driving, US Department of Transportation

More Blog Posts:
Latest Orange County, California Claims Filed in Baby Pedestrian Death Blame Huntington Beach for Crosswalk Deficiencies, California Injury Lawyers Blog, March 30, 2011

$40M Huntington Beach Personal Injury and Wrongful Death Claims Seek Damages From City Over Fatal Orange County, California Pedestrian Accident that Killed 3-Month-Old Girl, California Injury Lawyers Blog, February 18, 2011

Number of California Car Crashes Not Going Down Despite Handheld Cell Phone and Texting while Driving Bans, Says HLDI, California Injury Lawyers Blog, January 13, 2011

Five months after 3-month-old Ruby Rose Gould was fatally struck at a Huntington Beach crosswalk, her relatives have filed four claims totaling $40 million against the city and Orange County, California. The claimants are Ruby's parents and her two cousins who were with her at the time of the pedestrian accident.

The deadly Huntington Beach traffic crash happened on September 7, 2010 as Ruby, her mother Renee, and cousins Jacob Chuntz, 7, and Daisy Chuntz, 11, walked to the Westminster Mall. Halfway through the crosswalk on the busy intersection of Springdale Street and Croupier Drive, Renee, Daisy, and Ruby, who was in a stroller, were struck by Toyota Tundra that was rear-ended by a white Chevy Tahoe. The impact of the crash caused Ruby, who wasn't strapped to the stroller, to be thrown some 30 feet. She died later that afternoon from internal and head injuries. Meantime, Renee fractured her vertebrae and dislocated her shoulder, and Daisy broke her leg.

Distracted driving reportedly played a factor in the catastrophic Huntington Beach pedestrian accident. The driver of the Chevy Tahoe, 50-year-old Robert Anthony Casares, reportedly failed to notice that the traffic in front of him had stopped because he looked down for a moment to secure his laptop and prevent it from sliding out of its bag. Upon seeing the Toyota Tundra, he stepped on the brakes in an attempt to avoid hitting it but was unable to stop in time. Casares is charged with one misdemeanor count of vehicular manslaughter without gross negligence.

The Huntington Beach wrongful death and personal injury claims contend that the crosswalk where the tragic incident happened was not properly marked, had overhead flashing lights that weren't always working, and did not have adequate pedestrian-activated warning signs. Even prior to the accident, residents complained that the crosswalk was not safe for kids, who would use it to get to school.

A wrongful death claim against a California city is usually a precursor to a lawsuit.

$40 million in claims filed in crosswalk crash that killed baby, The OC Register, February 11, 2011

Orange County, California Pedestrian Accidents in Santa Ana, Huntington Beach, and Garden Grove Cause Injuries and One Death, California Injury Lawyers Blog, September 7, 2010

Related Web Resources:
Pedestrian Safety, SafeKids

California DMV

More California Injury Lawyers Blog Posts:
13-Year-Old Pedestrian is Struck in Orange County, California Car Crash by Two Vehicles, California Injury Lawyers Blog, January 13, 2011

16-Year-Old Cypress Pedestrian Dies from La Palma, California Car Accident Injuries, California Injury Lawyers Blog, November 5, 2010

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" »