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" »

A 24-year-old Orange, California motorcyclist is dead after he was involved in a Garden Grove motorcycle accident with two autos on Tuesday. David Tanner was riding on Orangewood Avenue when he was involved in a collision with a BMW sedan that made a left turn in front of him onto Mac Nab Street.

Tanner and his bike went down and that was when he was struck by a Ford Mustang. He died at the Orange County, California motorcycle crash site. Police are investigating the cause of the fatal collision.

Motorcycle riders are always at a disadvantage when involved in a California motor vehicle crash. They only have their helmet and protective clothing to cushion them from impact. In many instances, this is not enough to prevent catastrophic injuries or death. While motorcycle crashes can occur because of rider error, many motorcycle injuries and deaths happen because the other driver was careless or reckless or did not see the motorcyclist.

Nolo.com lists the most common cause of motorcycle accidents:

• Head-on crashes
• Autos making left-hand turns
• Lane splitting
• Speeding
• Drunk driving
• Collisions involving fixed objects
• Road hazards, including road defects and potholes
• Motorcycle defects
• Red light running
• Rear end crashes

Our Garden Grove motorcycle crash attorneys know how upsetting it can be to have the course of your future irrevocably altered because another party was negligent. The consequences of becoming the victim of an Orange County, California motorcycle accident can wreak havoc on many aspects of one's life, which is one of the many reasons that it is so important that you obtain compensation for the harm you have suffered.

Motorcycle rider hit twice, killed, OC Register, December 30, 2009

Motorcycle Accidents: Common Causes, NOLO

Related Web Resources:
Motorcycle Helmet Use and Head and Facial Injuries, National Highway Traffic Safety Administration (PDF)

Summary of the Hurt Report

Continue reading "Garden Grove, California Motorcycle Accident Claims Life of Orange Rider Struck by Two Vehicles" »

On Monday, Youn Bum Lee, A 42-year-old former Hyundai executive, was sentenced to a 9-year prison term for causing the hit-and-run, drunk driving Santa Ana car accident that killed a 23-year-old Fountain Valley motorcyclist on the 55 Freeway on October 19, 2005.

Ryan Dallas Cook was riding his motorcycle in the carpool lane when he was struck by the Hyundai SUV that Lee was driving. Lee was coming back from attending a Hyundai sponsored event at the Seoul Korean BBQ Restaurant in Garden Grove. The impact of the vehicle and motorcycle colliding caused Cook to be thrown from his bike and onto the freeway where he was run over by several other vehicles. He was pronounced dead at the Santa Ana motorcycle crash site.

Meantime, Lee, who investigators say was inebriated and driving without lights, fled the Orange County, California motorcycle accident site. He backed his car into a parking space at Hyundai's Fountain Valley offices in an alleged attempt to hide the vehicle damage.

Within less than 24 hours, a Hyundai employee took Lee to Los Angeles International Airport where he took a flight to South Korea. His wife and child stayed behind in Irvine. After prosecutors filed criminal charges against Lee, he was extradited to Orange County, California last December.

Last month, the 42-year-old former Hyundai executive pleaded guilty to charges of vehicular manslaughter while intoxicated and fleeing a crime scene.

Cook's family is suing Lee and Hyundai Motor Company of America for Orange County, California wrongful death. They are accusing the company of encouraging a corporate culture that promotes drinking at work events.

The host of the Hyundai event that Lee attended supposedly made a number of toasts. During a conditional exam for the criminal case, one Hyundai staffer testified that it is considered rude if guests don't drink when the host makes a toast. 14 bottles of Soju and numerous drinks were consumed by Hyundai employees who attended the work event.

Cook's family is also suing Hyundai for helping Lee leave the US after the Santa Ana motor vehicle collision.

The wrongful death trial is scheduled to begin in Orange County Superior Court on May 17, 2010.

Former Hyundai exec sentenced to 9 years in cycle death, Press-Telegram, December 8, 2009

Former Hyundai executive gets 9 years in DUI death, OC Register, December 7, 2009

Related Web Resources:
Drunk Driving (DUI/DWI) Overview, Justia

Insurance Institute for Highway Safety

A 39-motorcyclist was transported to UCI Medical Center after he was injured in an Orange County, California motorcycle accident on Wednesday. Jorge Perez was struck by a black Toyota Sequoia on the 57 Freeway.

According to the National Highway Traffic Safety Administration, the number of motorcycle fatalities continues to increase each year. 5,290 motorcyclist deaths happened last year--up 2% compared to the 5,174 motorcyclist fatalities during 2007. 96,000 motorcyclist injuries were reported for 2008. The NHTSA reported 537 California motorcyclist deaths for 2008.

While other kinds of motor vehicle crashes have decreased in number, the rise in the number of deadly motorcycle crashes continues to be an issue of growing concern. The US Department of Transportation says that from 1997 to 2008, there has been a 150% jump in the number of motorcycle deaths that occur annually. The federal government hopes to better tackle this problem with a new study into what causes motorcycle accidents and how to prevent them from happening. This will be the first motorcycle crash causation probe that the US government will have conducted since it published The Hurt Report in 1981.

Motorcycles can move at the same speed as the drivers of other motor vehicles yet their riders lack the protection provided by a vehicle's body, safety belts, air bags, and other safety technology in the event of an Orange County, California motorcycle accident.

Motorcyclists are prone to falling to the ground, getting thrown off their motorcycles, sustaining road burns, and getting flung into road barriers, oncoming traffic, or straight into a large truck or another vehicle during a California traffic accident. Statistics show they have a 26 times greater chance of dying in a motor vehicle crash compared to auto occupants. This means that more often than not, the injuries sustained during a California motorcycle collision can be catastrophic. Traumatic brain injuries, spinal cord injuries, road burn injuries, and permanent disfigurement are just some examples of life changing motorcycle accident injuries.

Motorcyclist hit by SUV on freeway, OC Register, November 18, 2009

Federal Government To Study Motorcycle Crash Causation, Chicago Now, October 9, 2009

Related Web Resources:
Motorcycles, NHTSA (PDF)

Hurt Report Summary

Continue reading "Man Sustains Injuries During Orange County, California Motorcycle Accident on 57 Freeway" »

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" »

According to the National Highway Traffic Safety Administration, there were 36 Orange County, California motorcycle deaths last year--a 44% increase from the 25 motorcycle fatalities that occurred in Orange County in 2007. This increase becomes even more significant number-wise when you consider that there were less total traffic deaths--163 fatalities in 2008--compared to the 194 Orange County, California motor vehicle deaths in 2007.

The California Highway Patrol says the common causes of motorcycle accidents in the state include:
• Improper turning
• Riding at an unsafe speed
• Improper passing
• Unsafe lane changes
• Lane splicing

California is the only US state that doesn't ban lane splitting, which involves a motorcycle driving between two lanes of traffic. Under California law, lane splitting is allowed as long as the maneuver is done safely. The California Department of Motor Vehicles handbook for motorcycle riders, however, acknowledges that lane splitting is not safe.

Last Wednesday, motorcycle rider Jason R. Doerr was killed on the 405N at the 22 freeway when his 2006 Harley-Davidson bumped into a Toyota Matrix. Doerr fell off his bike and was run over by a Buick sedan. He died at the crash site. The California Highway Patrol believes that Doerr was lane splitting when the catastrophic Orange County, California motorcycle crash happened.

Lane Splitting
Lane splitting can be dangerous because it allows motorcycles and cars to travel at such close proximity to one another. This gives both drivers less time and space to maneuver to avoid a potential traffic accident. Although it may seem that the motorcyclist would be held responsible for the motor vehicle crash by choosing to split lanes, there are cases when Orange County, California traffic accidents involving lane splicing were caused by a trucker or a car driver or a bus driver who acted negligently.

Motorcyclists reflect on lane-splitting after death, OC Register, August 17, 2009

CHP: Rider killed in crash may have split lanes, OC Register, August 12, 2009

Motorcycle Accidents: Lane Splitting, Nolo

Related Web Resources:
NHTSA

California Motorcycle Handbook, DMV (PDF)

Continue reading "Number of Orange County, California Motorcyclist Deaths Rose in 2008" »

Continue reading "Preventing Orange County, California Motor Vehicle Accidents this Memorial Day Weekend with DUI Checkpoints, "Click It or Ticket" Campaign, and Travel Safety Tips" »

Continue reading "Why Orange County, California Traffic Accidents Happen" »

Continue reading "Two Orange County, California Motorcycle Accidents Claim the Lives of Motorcyclists" »