California Injury Lawyers Blog

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" »

The mother of a man who died in August after he was stabbed while riding the Red Line has filed a Los Angeles wrongful death claim against the Metropolitan Transit Authority. Janie Garay, the mother of Jesse Garay, is alleging inadequate security, passenger car overload, and failure by Metro employees to follow appropriate procedures after the incident.

Jesse, 59, was stabbed on the evening of August 19. Witnesses say that a fight broke out in the crowded train after one passenger started wielding a chain at another, who pulled out a knife and stabbed him. The suspect then ran out of the train when it stopped at the Hollywood/Vine station. Garay died at the scene. A 33-year-old transient has been arrested in connection with the stabbing.

In her Los Angeles inadequate security claim, Janie Garay says that Metro did not properly monitor security cameras, had too many people riding in one train car, and did not employ proper emergency procedures after her son was stabbed. She is seeking damages for pain and suffering, loss of companionship, and funeral and burial expenses.

Inadequate Security
Property owners are responsible for making sure that their premises have sufficient security so that such incidents do not occur. This responsibility becomes especially obvious when crimes have been known to occur there or in the area in the past. When failure to provide this duty of care allows injury or death to occur, the premise owner can be held liable for Los Angeles personal injury or wrongful death.

Physical assault, stabbings, shootings, sexual assault, rape, and murder can happen because a property owner did not have the appropriate security measures in place. Depending on what type of premise it is, lack of an alarm system, surveillance cameras, sufficient lighting, security personnel, secured entrances and exits, and other measures can create an environment ripe for crimes to happen.

Public venues must also make sure that conditions aren't created on the grounds that can create an atmosphere where violent or property crimes are more likely to happen. For example, failure to implement crowd control can make it easy for robberies and stabbings to occur. It can also create an unsafe environment during an emergency situation or if a fight were to break out. If you believe that inadequate security caused your injuries or the death of a love done, you may have grounds for a Los Angeles premises liability claim or wrongful death case.

Filing a California injury claim against a city is often a precursor to a civil lawsuit. The injured party has, under California Government Code Section 910, within six months from the incident to file to the claim. The city is given time to respond to the claim and if the case isn't resolved then the claimant can go ahead and file a Los Angeles personal injury lawsuit.

Mother of Red Line Stabbing Victim Files Claim Against MTA, Studio City Patch, September 16, 2011

Mother files wrongful death claim from son's stabbing on Red Line, Los Angeles Times, September 16, 2011

Related Web Resources:
Metro

Inadequate Security, Justia

More Blog Posts:
Los Angeles Wrongful Death Lawsuit: Teen's Parents Sue Over Fatal Ecstasy Overdose at '10 Electric Daisy Carnival, California Injury Lawyers Blog, September 12, 2011

2008 Chatsworth Train Accident: Judge Divvies Up $200M to the 98 Metro Survivors and the Families of the 24 Passengers Who Died, California Injury Lawyers Blog, July 14, 2011

Los Angeles Wrongful Death Trial Underway in Case of Blind Man Who Fell Between Two Metro Blue Line Cars and Was Run Over by Train, California Injury Lawyers Blog, June 27, 2011

Recently, our Anaheim personal injury law firm wrote a blog post about a Los Angeles wrongful death trial underway between the Metropolitan Transportation Authority and the mother of a blind man who was run over by a Metro Blue Line train at the Del Amo station in 2009. Now, the jury has awarded Mary Cuthbertson $17 million.

Cameron Cuthbertson, who is blind, mistakenly walked in between two rail cars thinking that the gap was an open train door. The three-car train departed as he was trying to climb back onto the train platform. The 48-year-old Compton man sustained fatal crush injuries.

In her Los Angeles County wrongful death case, Mary Cuthbertson's lawyers accused Metro of failing to put up protective barriers between cars even though they knew that not doing so placed blind people at risk of falling between the train cars--especially because a lot of them depend on trains to get around. It wasn't until after Cameron's death that the barriers were put up. Mary's Los Angeles personal injury lawyers also accuse Rosie Haynes, the train's operator, of stopping the train over two feet away from where she should have stopped, which is why Cameron tried to enter the train where he did. They contend that she had the train leave earlier than she should have and that if she'd waited Cameron may have been able to get back on the platform.

Meantime, Metro's legal team argued that their client had immunity from such lawsuits because California had approved the train's design when the line was constructed in 1990. In a statement issued after the jury's verdict, Metro said that it wasn't negligent in or responsible for Cameron's death and it may appeal.

The Blue Line was made prior to the Americans with Disabilities Act, which does not allow governments, private employers, labor unions, and employment agencies to discriminate against persons with disabilities. The ADA requires that intercity rail transport be made accessible, useful, and safe for individuals with disabilities. If the train line was set up after the ADA went into effect, the station would have had to have fencing, chains, or some other obstacle between the cars so that blind people wouldn't make the mistake that Cameron did.

That said, it is still the responsibility of property owners to make sure there are no safety hazards on a premise that could place patrons, visitors, customers, guests, or others at risk of serious Los Angeles personal injury or wrongful death. Failure to do so can be grounds for a California premises liability case.

There doesn't have to be a federal act in place for premise owners to be obligated to remedy dangerous situations and prevent accidents from happening or to be held negligent for not doing so. In situations where public transportation is involved, its owners and operators must make sure to eliminate safety risks on the vehicle and at departure and exit locations so as to minimize the chance of injury.

While the $17 million Los Angeles train accident verdict won't make up for Cameron's death, it does at least hold the MTA accountable financially. It also makes a statement so that hopefully this type of avoidable, tragic accident doesn't happen to someone else.

Compton Woman Gets $17M Judgment Against MTA For Wrongful Death Of Blind Son, CBS Los Angeles, July 29, 2011

Blind man's death on Blue Line train brings $17-million verdict, Los Angeles Times, July 30, 2011

Related Web Resources:
METRO STATEMENT RE: JURY VERDICT Mary Cuthbertson, et al. v. LACMTA, Metro

Americans with Disabilities Act of 1990

Facts About the Americans with Disabilities Act, The U.S. Equal Employment Opportunity Commission

More Blog Posts:
Los Angeles Wrongful Death Trial Underway in Case of Blind Man Who Fell Between Two Metro Blue Line Cars and Was Run Over by Train, California Injury Lawyers Blog, June 27, 2011

2008 Chatsworth Train Accident: Judge Divvies Up $200M to the 98 Metro Survivors and the Families of the 24 Passengers Who Die, California Injury Lawyers Blog, July 14, 2011

Amtrak Train Wreck: First Personal Injury Lawsuit Filed Against Big Rig Truck Driver, California Injury Lawyers Blog, June 28, 2011

Los Angeles Superior Court Judge Peter D. Lichtman has announced how the $200 million compensation is being distributed to the survivors and the families of those killed in the September 12, 2008 Metrolink train crash in Chatsworth. 98 people were injured in the collision that killed 24 passengers and the train operator. Lichtman says that families of adult passengers who died will receive on average $4.2 million while the parents of minors will get about $1.2 million each. The Los Angeles train crash compensation for those who were hurt varies, ranging from $12,000 to $9 million for Zambian exchange student Racheal Moyfa who sustained a traumatic brain injury.

Judge Lichtman said that the $200 million, which is a cap set under federal law, not enough to cover all of the claims. For example, Moyfa will actually need $18 million cover the ongoing medical care she now needs. Other victims racked up medical bills of over $1 million so they could receive the proper medical care. Meantime, some of the victims' may be impaired for life because of post-traumatic stress and mental trauma. Lichtman also noted that the money to be paid to the families of the deceased could not possibly be enough to make up for the loss of life.

The deadly Los Angeles County train accident happened after operator Robert Sanchez, who was text messaging, did not stop at a red light, which caused the Metrolink train to collide with a Union Pacific freight train. Several trains were derailed.

Metrolink and Veolia Environment provided the $200 million. The latter's subsidiary was the employer of the engineer that federal officials blamed for the 2008 Chatsworth train crash. Earlier this week, members of California's congressional delegation wrote to Veolia asking it to voluntarily give more compensation. The Los Angeles injury attorneys for the victims had sought at least $320 million.

California Train Accidents
You need to work with a Los Angeles train collision lawyer that knows how to figure out who and what caused the crash. Was it operator error? Did crossing signals malfunction? Did the train malfunction? Was a motor vehicle driver careless and drive onto the tracks even though it was evident that there was a train approaching? Did distracted driving or drunk driving play a role?

Injuries from a train accident, if one is fortunate to survive, can be catastrophic. There may be massive medical bills and other expenses that should be covered by the liable party or parties.

Families of Metrolink crash dead to get average of $4.2 million, Los Angeles Times, July 14, 2011

Judge says $200M LA train crash award falls short, Boston.com/AP, July 14, 2011

Families of Metrolink crash dead to get average of $4.2 million, July 14, 2011

Related Web Resources:
See those who died, Los Angeles Times

Metrolink

More Blog Posts:
Metrolink Train Engineer Involved in Deadly Chatsworth Train Crash Sent Text Messages Prior to Running Red Light and Colliding with Other Train, Confirm NTSB Investigators, California Injury Lawyers Blog, January 21, 2010

Metrolink Chatsworth Train Accident Victims Have Until March 12 to File Claims Against Government That Could Allow for Southern California Personal Injury or Wrongful Death Lawsuits, California Injury Lawyers Blog, February 19, 2009

Metrolink Tentatively Agrees to $39 Million Los Angeles County Train Accident Settlement Over Deadly 2005 Glendale Derailment, California Injury Lawyers Blog, December 30, 2009

Less than a week after a deadly collision between an Amtrak train and a 2008 Peterbilt 367 truck-tractor on Friday, the first personal injury lawsuit has already been filed. The deadly collision, which claimed the lives of at least six people and injured at least 20 others, made national headlines.

More than 200 passengers and 14 crew members were on the California Zephyr, which was in the Nevada desert when it was struck by a big rig. It has been reported that the semitrailer skidded 320 feet before striking the train.

Now, Amtrak train attendant Alexandra Curtis has filed a truck accident lawsuit against trucker Lawrence Valli and his employer John Davis Trucking Company. Curtis says she suffered permanent and severe injuries and has been diagnosed with post-traumatic stress disorder. She is accusing Valli of disregarding warning signs and railroad crossing gates. Curtis is likely not the last party to sue for personal injury or wrongful death over this deadly Amtrak train collision.

According to California Department of Motor Vehicles records, Valli has received three speeding tickets in California over the last four years. He also was ticketed by authorities for using a cellular phone that was not hands-free, carrying too long a load, and not wearing a seatbelt.

Meantime, workers are continuing to look through the train crash debris looking for more remains.

California Train Crashes
As our Anaheim personal injury law firm has reported in the past, train collisions can result in mass injuries and deaths. It is so important that train operators and crew members follow safety procedures and proper protocol so that trains get to and from their destinations without incident. Trains must also be free from defects and properly maintained. There are also some train crashes that occur because a motor vehicle driver was negligent. This is why you should work with an experienced Orange County, California train crash law firm that knows how to properly investigate your case and prove liability.

1st lawsuit filed over Amtrak train crash in NV, AP, June 28, 2011

Amtrak Train Accident: 5 Still Unaccounted for, The Christian Post, June 27, 2011

'Multiple passenger deaths' in Amtrak train crash, Chicago Sun-Times, June 25, 2011

Related Web Resources:
Train Accidents, Justia

AMTRAK

More Blog Posts:
Metrolink Train Engineer Involved in Deadly Chatsworth Train Crash Sent Text Messages Prior to Running Red Light and Colliding with Other Train, Confirm NTSB Investigators, California Injury Lawyers Blog, January 21, 2010

Metrolink Tentatively Agrees to $39 Million Los Angeles County Train Accident Settlement Over Deadly 2005 Glendale Derailment, California Injury Lawyers Blog, December 30, 2009

MetroLink Settles Bulk of 2005 Train Accident Lawsuits Over Fatal Derailment for $30 Million, California Injury Lawyers Blog, October 15, 2009

Two years after the mother of Cameron Cuthbertson filed her Los Angeles wrongful death lawsuit against the Metropolitan Transportation Authority, the trial for the civil case is now under way. Mary Cuthbertson claims that her son wouldn't have fallen between the two cars of a Metro Blue Line train if only the MTA had put barriers between the cars and the train operator had exercised greater caution before leaving the Del Amo Station on January 28, 2009.

Cameron was blind. Per his mother's wrongful death complaint, he fell into the gap because he thought he was stepping into the opening of a car door. The 48-year-old man died from the injuries he sustained when he was struck and run over by the train left as it left the station. Some of the people who were on that train reported hearing him scream for help.

According to ABC's Eyewitness News in 2009, MTA video footage shows Cuthbertson trying to pull himself back onto the platform. The family's attorney says that the accident severed the Compton man's body in half.

While federal law mandates that the MTA put into place systems to warn or prevent persons from ending up off the platform and between train cars, its Blue Line opened 12 days before the American Disabilities Act was signed into law on July 26, 1990.

At the opening of the civil trial, Mary Cuthbertson's Los Angeles wrongful death lawyer argued that the MTA had spent decades discriminating against blind passengers. He also questioned its decision to make train operators responsible for deciding when it was safe for a train to leave a station.

Unfortunately, accidents do happen at train stations. It is important that metro transit authorities and workers do what is necessary to make sure that no one gets caught in a train door, falls onto the railroad tracks, ends up stuck between train cars, or gets hit by a train. There are safety measures and procedures that can be implemented to ensure that these injury accidents don't happen. Train and station employees should also be properly trained so that they can execute the necessary checks and preventive measures. When negligence results in serious injury or death, the victim or his/her family may have grounds for a Los Angeles injury lawsuit.

Attorney's opening statement faults MTA Blue Line safety measures, Daily Breeze, June 23, 2011

Could MTA barriers have prevented death?, ABCLocal, October 22, 2009

Related Web Resources:
American Disabilities Act

Los Angeles County Metropolitan Transit Authority

More Blog Posts:
Metrolink Train Engineer Involved in Deadly Chatsworth Train Crash Sent Text Messages Prior to Running Red Light and Colliding with Other Train, Confirm NTSB Investigators, California Injury Lawyers Blog, January 21, 2010

Metrolink Tentatively Agrees to $39 Million Los Angeles County Train Accident Settlement Over Deadly 2005 Glendale Derailment, California Injury Lawyers Blog, December 30, 2009

MetroLink Settles Bulk of 2005 Train Accident Lawsuits Over Fatal Derailment for $30 Million, California Injury Lawyers Blog, October 15, 2009

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" »

16 months after the September 12, 2008 Chatsworth train accident involving a Metrolink train colliding with a Union pacific freight train, the National Transportation Safety Board is confirming initial reports that train engineer Robert Sanchez sent text messages before running a red light and crashing a Metrolink train into a Union Pacific freight train. Sanchez and 24 other people died in the Los Angeles County train collision that derailed seven freight cars. Over 130 people were injured.

While some witnesses have said that the light was green, radio communications analysis and dispatch-center records indicate that the light was red. According to federal investigators, Sanchez was supposed to let a dispatcher know that he saw the last two signals warning him that he needed to stop the train. He also received/sent 43 text messages on the day of the train accident. The last text was transmitted 23 seconds before the train crash. NTSB investigators say that Sanchez usually sent more texts when he was working than when he was off the clock.

The NTSB says the deadly collision might have been avoided if a "positive train control" system was in place. This stops a Metrolink train if it runs a red signal.

Texting while Driving
Text messaging while driving any vehicle is very dangerous. This distracted driving activity raises a driver's crash risk significantly, turning a seemingly harmless form of communication into a cause of fatality and serious personal injuries for vehicle occupants, pedestrians, and train passengers. Texting requires a person to take their eyes off the road and at least one (if not both) hands of the steering wheel. It also slows a driver's reaction time, impairing his/her ability to quickly respond to a possible motor vehicle crash scenario.

Investigators: Light was red in 2008 Chatsworth train crash, despite what witnesses said, Los Angeles Times, January 21, 2010

Expert says train engineer in California sent text messages before fatal crash, New York Times, January 21, 2010

Related Web Resources:
FocusDriven.org

Distraction.gov

Continue reading "Metrolink Train Engineer Involved in Deadly Chatsworth Train Crash Sent Text Messages Prior to Running Red Light and Colliding with Other Train, Confirm NTSB Investigators" »

All but one of the 186 complaints filed against Metrolink over the 2005 train derailment accident on the Glendale border has reportedly been tentatively settled for $39 million. 11 Los Angeles County wrongful death settlements and 15 out of 16 California personal injury settlements have been reached. The rest of the cases involve persons who sustained non-serious injuries.

Over 200 people got hurt when a Metrolink train hit a Jeep Cherokee that Juan Manual Alvarez had left on the train tracks close to Chevy Chase Drive. Until last year's Chatsworth train accident that kill 25 people, the 2005 Glendale train collision was the most catastrophic accident in Metrolink's history. Alvarez is serving 11 life sentences for causing the train derailment.

Recent Los Angeles Train Accidents
On Sunday, a man died in Los Angeles when he was hit by a Metro Blue line train. 65-year-old Ramon Villanueva was standing on the tracks at around 10 am when the deadly train crash happened. The crossing-gate bar, the bell, and lights should have prevented him from crossing the tracks.

Last Wednesday, another 14 people were hurt in a San Fernando Valley train crash when a Metrolink commuter train hit a pickup truck. The truck had just collided with a car before driving into the path of the train.

Six people who were riding in the vehicles were injured---two of them (one of them a baby) were in critical condition. 8 train passengers said they were hurt, but only two victims appear to have been transported to hospitals for minor injuries.

Train Crashes
Each year, about a thousand people are killed in US train crashes. Common causes of train crashes include:

• Negligent train operators
• Train accident with another train
• Engineer errors
• Train defects
• Defective railroad tracks
• Poor maintenance
• A negligent pedestrian or motor vehicle driver
• Toxic or hazardous cargo
• Texting while operating a train

Metrolink reaches tentative $39-million settlement, Burbank Leader, December 30, 2009

Man Killed by Metro Blue Line Train Identified, KTLA, December 28, 2009

LA commuter train hits truck in freak accident, Google/AP, December 23, 2009

Related Web Resources:
Metrolink

California Department of Transportation

Continue reading "Metrolink Tentatively Agrees to $39 Million Los Angeles County Train Accident Settlement Over Deadly 2005 Glendale Derailment " »

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" »

Metrolink has agreed to settle for $30 million the majority of the 150 California train crash lawsuits that were filed against it over the catastrophic 2005 Glendale train accident. The remaining train collision lawsuits--about a dozen of them--are expected to be resolved before the end of the year. Any Metrolink lawsuits over the 2005 crash that are not resolved will go to trial in 2010.

11 people died and approximately 180 others were injured on January 26, 2005 when Juan Manuel Alvarez parked his jeep on train tracks and poured gasoline inside his vehicle in what he claims was a suicide attempt. He says that he had a change of heart at the last minute but couldn't get his vehicle off the tracks so he left it there.

The three-car train crashed into Alvarez's vehicle and derailed, causing the lead car to ram into an idle freight train, jackknife, and crash into a passenger train that was headed in the other direction.

The settlement amounts are substantial for some of the plaintiffs. The heirs of two Los Angeles wrongful death lawsuits will get $3.5 million per claim. Another California injury case settled for $5 million. One Los Angeles train crash case settled for $3.8 million. Many of the other victims received under $50,000.

Plaintiffs' lawyers have argued that the catastrophic train accident could have been avoided if Bruce Gray, the train engineer, had applied the emergency brakes when he saw, per his testimony, what looked like the reflection of an auto on the tracks about 3/4ths of a mile ahead. Meantime, Alvarez has been sentenced to life in prison for his conviction on 11 first-degree murder counts.

The 2005 Glendale train accident was considered the deadliest US railroad crash since 1999. That is, until 2008, when 25 people died and 135 others sustained injuries in a Metrolink train crash in Chatsworth.

Metrolink pays out $30 million in 2005 crash settlements, Los Angeles Times, October 15, 2009

Metrolink Lawsuit Settlement Reached, My Fox LA, October 14, 2009

Related Web Resources:

Metrolink

Federal Railroad Administration Office of Safety Analysis

Continue reading "Metrolink Chatsworth Train Accident Victims Have Until March 12 to File Claims Against Government That Could Allow for Southern California Personal Injury or Wrongful Death Lawsuits" »