According to recent tests conducted by the Insurance Institute for Highway Safety, compact SUVs did not fare better than their larger counterparts. In fact, only two of the 13 vehicles tested performed in front-end crash tests,
]]> The Institute reported that the 2014 Subaru Forester received a "good" rating, and was the only vehicle tested to do so. The Mitsubishi Outlander received an "acceptable" rating. Other popular vehicles, such as the Jeep Wrangler, Ford Escape, and Honda CR-V received "marginal" or "poor" ratings.The lower ratings are ostensibly the result of the new "small overlap" test the Institute implemented to better measure how real life crashes commonly miss the "crush zones" designed to absorb (or distribute) the force of a collision.
The results may also fuel products liability lawsuits from people injured while driving these vehicles. Automakers are charged with the responsibility of making their vehicles safe and promptly addressing any dangerous defects. If they fail to do so, they can be held liable for the injuries that could have been prevented.
Crash test results can serve as evidence that an automaker breached its duty to ensure that its vehicles are crashworthy. If this type of breach can be proven to be the proximate cause of a person's injury, the automaker could be held liable.
Source: ClaimsJournal.com, Only 2 of 13 small SUVs do well in crash tests, May 17, 2013
]]>Perhaps the most unknown risk veterans face is the danger of being in Bay Area car accidents. According to a recent WashingtonPost.com report, veterans have a 75 percent higher fatal motor vehicle accidents compared to civilians.
]]> While there are several explanations for this phenomenon, the most common involves the driving habits soldiers adopt when driving vehicles abroad. Indeed, these tactics may be appropriate in war zones, as they may help to save lives, but they lead to crashes in civilian settings. Examples include driving at excessive speeds, swerving on bridges (to avoid hazards) and not wearing seatbelts (which would normally save someone's life, but would also hinder a quick escape).With the number of soldiers suffering PTSD, it is reasonable to suggest that psychological issues leads to aggressive driving, as well as drunk driving. The combination of the speed and aggresive behavior make for a bad concoction that often leads to fatal accidents. In fact, the Washington Post reported that just as many military personnel lost their lives in non-combat car accidents (4,423) as were killed in Iraq.
Car accident deaths are a serious problem that the military must address. Analysts predict that if the problem continues unchecked, it will be as pervasive and severe as suicide and domestic violence among veterans.
Source: WashingtonPost.com, Motor vehicle crashes: A little known risk to returning veterans of Iraq and Afghanistan, May 5, 2013
]]>When he pulled over, he noticed that the limo was actually on fire, and rushed to aid in getting passengers out of the car. Several Good Samaritans came to the driver's aid before firefighters reached the scene. While four passengers were rescued, five others in the vehicle were unable to escape.
]]> The accident was a tragic end to what was supposed to be a celebration, and raises a host of legal questions surrounding the vehicle and whether it was negligently maintained. Limosuine companies, like other common carriers (e.g. bus companies) have a duty to make sure that their vehicles are properly maintained in order to avoid these calamities. In prior posts we have touched upon bus companies' safety records as an indicator as to whether this duty had been breached.If it is found that the company failed to maintain the vehicle, and the lack of maintenance led to the accident, it could be held liable for all the injuries (and deaths) that occurred as a result.
Police are currently unsure of how the fire started, but an investigation is ongoing. Preliminary reports indicate that the limosuine was properly licensed and insured, and the limosuine company has pledged to do everything necessary to facilitiate the fact finding process.
Source: ABC7News.com, Limo that went up in flames on San Mateo Bridge had too many passengers, May 6, 2013
]]>The summit will include state and local transportation planners, bike safety advocacy groups and retailers of safety equipment. There will be panel discussions on the efficacy of bike boulevards, expos on safety procedures and tours of bike friendly streets around the city.
While transportation officials in Minneapolis are proud of the declining injury numbers, they believe that more work is needed to reduce the number of crashes (even though the crash rate has been declining).
In the meantime, bicyclists and motorists share a responsibility to share the road, and state law requires drivers to yield the right of way to bicyclists in the same manner as pedestrians. (Many accidents occur as a result of a driver's failure to yield.) Bike riders do not have the protections car drivers enjoy, so they are much more likely to be injured in a crash.
If you have questions about an injured bike rider's legal options, an experienced personal injury attorney can help.
Source: MinnesotaPublicRadio.org, Bicycle safety: Minnesota's efforts held up as model for US, April 29, 2013
]]>Minneapolis, Minnesota will host one of two national bike safety summits this year. Essentially, the state increased the number of riders over the last four years while bicycle deaths have decreased in each year.
]]> The summit will include state and local transportation planners, bike safety advocacy groups and retailers of safety equipment. There will be panel discussions on the efficacy of bike boulevards, expos on safety procedures and tours of bike friendly streets around the city.While transportation officials in Minneapolis are proud of the declining injury numbers, they believe that more work is needed to reduce the number of crashes (even though the crash rate has been declining).
In the meantime, bicyclists and motorists share a responsibility to share the road, and state law requires drivers to yield the right of way to bicyclists in the same manner as pedestrians. (Many accidents occur as a result of a driver's failure to yield.) Bike riders do not have the protections car drivers enjoy, so they are much more likely to be injured in a crash.
If you have questions about an injured bike rider's legal options, an experienced personal injury attorney can help.
Source: Minnesota.publicradio.org, Bicycle safety: Minnesota's efforts held up as a model for US, April 29, 2013
]]>According to a study of 4,000 motorcycle owners, Yamaha, Kawaski and Honda fared better than traditional powers BMW and Harley Davidson. Some who were surveyed cited repair costs, high costs of accessories, and premium gas as their reasons for choosing Japanese models. Nevertheless, riders of the lighter and more agile models were more likely to be injured in accidents.
]]> Regardless of the hazards associated with each motorcycle, riders have to be diligent on the roads because drivers often do not see them (even though they should). With that, below are a few tips to stay safe on the road.Be visible - This may seem obvious, but many accidents occur because a rider tries to punch past a motorist who did not check their blind spot before changing lanes or turning. Make sure to use running lights at all times and wear bright colors.
Pay close attention at intersections - Since it is common for drivers to run red lights (or slam on brakes to avoid crossing through an intersection) motorcycle riders should be especially careful. Also, since many car accidents occur at intersections, the chances of a rider being injured increases as well.
Don't ride drunk - Just like it affects a driver's judgment, alcohol may cause you to take unnecessary chances. Riding a motorcycle while under the influence is also a crime.
Source: ABC 7 News.com, Consumer reports reveals new information on most reliable motorcycle brands, April 16, 2013
]]>Fortunately, no one was killed in the crash, but 15 passengers suffered injuries as they were reportedly thrown from one side of the bus to the other as it crashed. They were taken to local hospitals for treatment.
]]> While the crash is still under investigation, authorities believe that excessive speed played a large part in the accident. A CHP officer explained to KGO that the bus was travelling at an unsafe speed at the time, and that other factors were still being considered (such as intoxication, mechanical failures, etc.).In the past three years, much has been reported about bus accidents. Particularly bus drivers being distracted by cell phones. A number of accidents have been attributable to driver error based on inattentiveness. While the investigation has not yet revealed whether the driver was texting behind the wheel or talking on a cell phone, this would be the type of action that would lead to civil liability.
Essentially, bus drivers (like other Northern California motorists) have a duty to use reasonable care while driving. This duty includes the obligation to reduce speed on certain roads. Excessive speed could be seen as something that breaches this duty, which could make the driver legally responsible for the ensuing injuries.
In the meantime, the bus driver was not arrested and alcohol was not suspected to be a factor in the crash.
Source: ABC 7 News.com, CHP: Tour bus at unsafe speed before crash near Yosemite, April 14, 2013
]]>Unfortunately, the story of a Monterey County mother accidentally backing over her child is a tragedy that ostensibly could have been avoided. According to an ABC 7 News report, the mother and her husband had lost track of their 4-year-old while preparing for the day. As she was preparing to leave for work, she started to back out of her driveway when she heard a scream. She exited the car to find that she had hit her son.
As expected, the mother was very distraught as her little boy had suffered very serious injuries.
]]> Children's backover accidents are unfortunate and increasingly common. According to KidsandCars.org, at least 50 children and injured and two are killed each week in such accidents. Moreover, a parent (or someone the child knows) is behind the wheel when they occur.As such, the numbers suggest that parents (and all drivers) must be aware of their surroundings when backing out of a driveway. They have a legal duty to do so, and could be held liable for the injuries the cause in failing to look out for hazards at the end of the driveway. Backup cameras may help in meeting that duty, especially when the vehicle has significant blind spots (such as a truck or SUV).
Source: KidsandCars.org, Backovers; ABC 7News.com, Mother backing out of driveway hits 4-year-old son, April 8 2013
]]>According to an ABC 7 News report, Haamid Zaid allegedly drove a Lexus into the convenience store of a Chevron station located near the Wal-Mart. This incident occurred in December. In January, Zaid led San Jose Police officers on a foot chase after police were called to his home. In this incident he had admitted that he was under the influence of drugs. Also, he stands accused of throwing a chair through a bar window in October.
]]> In light of all the criminal accusations, people injured by Zaid's actions would also be able to pursue civil cases against him due to the injuries they suffered. A tort action, which is lawsuit based on a civil wrong, seeks money as the remedy to correct such a wrong.A common question in these situations may be: is it worth it to pursue a civil suit against someone who is facing criminal charges? The answer is...it depends. A person can be held personally liable for causing damage (or injuries) but may not be independently wealthy. However, they may have an insurance policy which will compensate injury victims in the event of an accident. Also, they may have assets that can be attached and sold to satisfy a personal injury judgment. These are questions that a skilled personal injury attorney can answer.
Source: ABC 7News, San Jose Walmart car crash, attack suspect involved in similar incidents, April 2, 2013
]]>On Sunday morning, another pedestrian accident occurred on southbound on Highway 580 in Oakland. ABC 7 News reported that a disabled car was parked near the median and the driver had exited the vehicle and was attempting to cross the freeway when he was struck by a passing van. The driver reportedly tried to avoid him but was not unable to do so. The man was pronounced dead at the scene.
Both accidents are under investigation.
]]> It may seem like a good idea to leave a disabled vehicle, but the preceding stories are prime examples of what can go wrong. The risks of doing so (especially when visibility is low) are too great given the consequences. It is no coincidence that both fatal accidents occurred at night. Add in the speeds of cars on the freeway (which are exceptionally fast when standing still), and you have a recipe for disaster.Of course, drivers must look out for pedestrians, regardless of where they may be, and the fact that they may be on the freeway does not absolve them of this duty. Nevertheless, the best thing to do is to stay in a disabled car and wait for CHP assistance.
Source: ABC 7 News.com, Pedestrian killed on I-580, March 25, 2013; Woman killed in hit-and-run on I-280 in San Jose, March 22, 2013
]]>A recent KGO News report highlighted several busy intersections in Redwood City where law enforcement officers throughout San Mateo County spent time issuing citations to drivers who were not paying attention or yielding to pedestrians.
]]> Essentially, police identified several problematic locations based on collision data and citizen complaints. With that information, they set out pedestrian decoys who would attempt to cross the intersection. If a driver failed to yield (or create a near miss) the officers were right there to stop the driver and issue a citation.Police reportedly issued 200 citations for various violations related to distracted driving, including failure to yield, cell phone violations and even impaired driving. Fortunately, none of the police decoys were injured, but pedestrian accidents on the Peninsula remain a problem.
Nevertheless, traffic citations can help injured pedestrians in personal injury actions. Basically, a traffic citation can be used to show that an offending driver failed to use reasonable care in looking out for pedestrians, and that such a failure was the direct and proximate cause of their injuries.
If you have additional questions about a driver's liabilities in pedestrian accidents, a personal injury lawyer can help.
Source: ABC 7 News.com, San Mateo County, targets distracted drivers in traffic enforcement operation, March 20, 2013
]]>Curiously enough, the man, identified as Victor Sneed, previously sought money damages in October 2012, according to a HuffingtonPost.com report. That lawsuit sought only $25,000 in damages. The new claim seeks additional damages for injuries to his hand, arm and hip that were related to the accident. However, Brand is resisting the suit, claiming that the injuries the man sustained were the "direct, proximate and sole result of" Sneed's "physical bodily condition and constitutional composition."
]]> We can assume that Brand is asking the court to deny the damages based on Sneed's responsibility to maintain his own health. However, as a matter of law, an offending driver "takes the victim as they are", meaning that whatever pre-existing conditions an injured person has prior to the accident are taken into consideration in determining damages.For example, if Sneed was just recovering from knee surgery, and Brand's actions caused him to need additional surgery, rehabilitation treatments or miss additional time away from work, Brand would be responsible for these damages.
It appears that Sneed is seeking compensation for exactly that. In responsive documents, he states that $140,000 is needed for future surgeries and $45,000 is required for additional medical fees.
In the meantime, injured pedestrians should know their rights and options for compensation. If you have been hit by a car while crossing the street, or while on a bicycle, an experienced attorney can assist you.
Source: HuffingtonPost.com, Russell Brand lawsuit: Pedestrian in car accident asking for $185,00 in damages, March 11, 2013
]]>The San Francisco Bay area is notoriously known for pedestrian accidents. Because of that, drivers, pedestrians and bicyclists alike owe a duty to use reasonable care in watching out for hazards. This is especially important around dense population centers and tourist attractions, such as AT&T Park, Great America and Santana Row. The failure to use such care (in the case of drivers) could lead to a negligence claim. An example would be texting while driving, putting on makeup while behind the wheel or speeding.
People injured by negligent drivers would have the right to seek compensation for their injuries, including medical expenses and lost income. If you have been hit by a car while crossing the street or riding a bike, an experienced personal injury attorney can advise you.
Source: ABC 7News.com, Woman dies after being hit by car while crossing street in Mountain View, March 5, 2013
]]>Even with the popular fuel efficiency, Prius owners are reporting unusual safety issues. Specifically, they report that the car's windshield can distort traffic lights (as well as lights from oncoming vehicles) at night. These lights can appear blurry or larger than normal. In some instances, drivers can have double vision when looking through Prius' windshield.
]]> Prius owners have made their concerns known through an online forum called PriusChat. More than 40 owners have acknowledged the problem that they call a "ghosting" effect. Essentially, when travelling down dark roads, multiple images for far away lights can be seen. As the objects get closer, the images merge into one true image. However, the danger of seeing blurry, inaccurate images (especially at night) could be dangerous.Since January 2012, the National Highway Traffic Safety Adminstration (NHTSA) has received at least 12 complaints regarding ghosting effects with Prius' windshields. However, it reportedly has not found any specific safety defects that warrants action. Likewise, Toyota acknowledged that it knows about customers' complaints and has pledged to evaluate the vehicles to see what could be done.
At this time, no recall has been scheduled to address the ghosting issue. Also, no accidents or injuries have been attributed to the windshield issue.
Source: ABC 7 News.com, Potential safety hazard in popular car, February 27, 2013
]]>According to an ABC 7News.com report, the MS San Francisco collided with a small pleasure boat on Sunday afternoon. The accident occurred in Racoon Strait, just south of Tiburon. The ferry was on its way back to San Francisco from Sausalito. Authorities believe that the smaller boat was travelling at a high rate of speed before hitting the ferry, but the accident is still under investigation.
]]> Onlookers from the ferry, which had about 500 people on board, described a chaotic scene. One witness explained how first responders administered CPR to one of the pleasure boat passengers who was completely unresponsive. He later passed away. The other passenger appeared to be in shock over the ordeal.None of the passengers on the ferry were reported as being injured.
As the investigation continues, Coast Guard officials will interview the ferry boat crew and additional witness to determine how the accident actually occurred. The results could have far-reaching legal implications, as they could form the basis of several lawsuits. For example, if fault is found with the ferry boat crew, it could lead to a wrongful death lawsuit filed by the surviving members of the person who was killed. Through such a suit, family members can seek monetary damages for the deceased's lost income, loss of companionship, as well as pain and suffering.
Conversely, if the pleasure boat driver was at fault, he could be held liable for damages incurred by the ferry boat company. Boat operators have a duty to use reasonable care while on the water, just as drivers in cars do. The failure to use such care could create liability should an accident occur.
Source: ABC 7News.com, Golden Gate Ferry service resumes normal operation after small boat accident, February 18, 2013
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