California Injury Attorney Blog

The California Injury Attorney Blog has previously posted on the vehicle safety studies going on over at the Virginia Tech Transportation Institute (VTTI). VTTI is about to begin a groundbreaking naturalistic motor vehicle safety study focusing on motorcycle safety. It is in the planning stages and will provide significant data to bring riders to a new level of safety. We cannot understate the significance of this study.

Who pays?
The Motorcycle Safety Foundation (MSF) and the VTTI are partnering to create the largest motorcycle safety study in the world. Called the MSF Naturalistic Study of Motorcyclists, the study will span more than a year. It involves completely new techniques of data recovery. The MSF is funding the study at a cost of $1.25 million.

How it works.
Here is how the study will work. Instrumentation and small video recorders will be mounted on many bikes over a period of 6-18 months. The continuous data recovered from these instruments will record, in great detail, how riders respond to various situations.

Rider interviews will also be a part of the data-collection process. The VTTI expects this to provide a much clearer picture of how accidents and near-accidents occur and why. More importantly, the goal is to end up with greater safety for riders, passengers and others.

Just the facts.
The VTTI naturalistic method will reveal information that other safety studies have not, particularly Information that cannot be collected through the retrospective crash investigation techniques that have been used for years.

The study begins in 2011 and will quantify motorcycle rider performance and behavior in various circumstances. It will document such important concerns as the way riders respond to roadways, other vehicles, and their own reactions and behaviors. It will also document what makes some riders more safe than other riders by tracking what they do, and do not do, on the road.

A first with motorcycles.
In 2005, VTTI developed and then used these naturalistic technologies in a 100-car safety study. The study looked at over 750 near-crashes and 69 actual crashes. VTTI's Director Tom Dingus, who has been closely involved in other naturalistic research, noted that the study should provide details and findings that will be "relevant for years." He noted that the extensive bandwidth of this study "will provide guidance to help enthusiasts, industry and others move toward positive safety outcomes."

Safety matters.
San Francisco's Hersh & Hersh represents motorcycle enthusiasts throughout California. We are also committed to supporting motorcycle safety. We look forward to learning the results of this important study.

Hersh and Hersh has represented many clients dealing with injuries sustained in motorcycle accidents as well as motor vehicle accidents of all kinds. If you or a loved one have been injured in motorcycle accident, please contact us for a free consultation.

Last week a jury awarded a couple in Georgia $317 thousand against Yamaha for injuries sustained by the husband while using his Yamaha off-road Rhino-model recreational-utility vehicle. Other cases are pending against Yamaha for product liability for alleged defects in the off-road vehicle.

More cases are expected to follow given that this case was not an extreme injury. As reported by law.com, plaintiffs' counsel expects to see many other cases already filed in Georgia to go-ahead based on this verdict.

In this case, the injuries were not extreme, but the jury still found liability against Yamaha. The injured plaintiff was turning when the vehicle tipped over and trapped his leg which was crushed under its weight.

Plaintiffs' argued that the Rhino should have had a barrier to protect the rider's legs. The company placed doors on the Rhino after this accident occurred. According to the plaintiffs' lawyers, the jury, which took ten hours in deliberations after a two-week trial, was swayed by Yamaha's failure to test the Rhino for possible issues with occupant containment.

Yamaha is maintaining a "Truth About Rhino" website which states the company "is disappointed by the jury's decision to find for the plaintiff in this case and will pursue all appropriate legal remedies, including possible appeal."

Continue reading "Yamaha Takes $317 Thousand Hit in Georgia Off-Road Vehicle Case " »

A very sad story when an under-age driver takes the wheel of a car while intoxicated. Over the weekend, just such a tragedy unfolded in Oakland, California.

SF Gate reports that Saturday evening a teen was driving on International Boulevard with a passenger in his car. The CHP had tried to pull him over as he was driving 85 miles per hour, but the CHP gave up the pursuit.

The teen ended up hitting the base of a light pole and crashing the vehicle into an apartment building staircase and one of the apartments. The driver and his passenger were trapped and freed by emergency personnel using the jaws of life. The passenger, who was identified as Martin Contreras of Oakland, was declared dead at the scene.

The teen was arrested and booked on suspicion of vehicular manslaughter, but that is not all. Two loaded handguns were found in the car. And the teen had a prior drunk driving arrest. The residents living in the apartment building that had been hit by the teen's vehicle were relocated.

Related Web Resources

For more information on teen drinking and driving, please visit the power of parenting site sponsored by MADD.

Continue reading "Bay Area Car Accident Tragedy -- Teen Drinking Driving Speeding " »

Last week, Toyota got more bad news and more bad press about the safety of its cars. Its the kind of bad press no car manufacturer would want, especially one that has been a headline news story for months.

What happened this time? Consumer Reports tested the Lexus GX 460. They reported that its tests revealed a dangerous problem in handling the car. This in turn led to a Don't Buy recommendation by the popular consumer hot spot.

What went wrong with this car? In the Consumer Reports testing, when pushed to its limit, the rear of the car swerved making rollover a major risk. The electronic stability system did not engage until after the rear of the car had already slid out nearly sideways. The driver was not able to regain control of the auto until it was close to a roll-over.

A bit of good news for Toyota: the other Toyota SUV's tested by Consumer Reports did not have this problem.

Under the safety and governmental microscope, Toyota took fast note and its engineers replicated the slide. Toyota agrees -- there is a safety issue with the vehicle. In an unprecedented move, sales of the Lexus GX 460 were halted.

Toyota also has a big decision to make about fines. They must inform the National Highway Traffic Safety Administration this week about whether the company will pay the proposed fine of $16.4 million for the alleged failure to disclose information regarding the "sticky pedal" issue that has been haunting the company for months now. Failure to pay this fine could result in court action against Toyota.

Related Web Resources

For more information on the Toyota recall visit the company's recall site. To read more about the halt of sales for the Lexus GX 460 visit the New York Times and Huffington Post.

Continue reading "Auto Safety Woes Continue for Toyota" »

The California Injury Attorney Blog has promised to keep you informed of distracted driving developments. As we noted, the US Department of Transportation and Oprah Winfrey have teamed up on this issue.

Now Oprah has announced National No Phone Zone Day for April 30 as she says she is taking the effort to the streets. You can sign Oprah's No Phone Zone pledge on her site. You can pledge not to text and drive. The main goals are to stop drivers from texting altogether and to either use a hands free device or pull over to the side of the road when talking on the phone.

It is generally agreed that teen drivers are at a particularly high risk for texting and driving. This is a teen means of communication and with that comes great danger.

New public service announcements by ATT show the word "yeah" on the screen while a young woman's voice says (paraphrasing) this was the last word her sister saw before her fatal accident and that this one message was not worth dying for -- or words to that effect.

The other day, a friend recounted seeing a teen driver holding a cigarette while talking on the phone while driving. This left no hands with which to drive. Since the teen brain actually is prone to taking higher risk -- it is going to take a great deal of tragedy before we make real progress in stopping this activity.

Hopefully, we will also see more enforcement of the laws prohibiting this activity, which are now either enacted or being considered in many states around the country.

Continue reading "April 30 -- National No Phone Zone Day" »

As Toyota continues to run its recall program on several car models, it is also trying to piece together the San Diego incident of early last week -- also known as "the runaway Prius." But was it?

Neither the federal government, nor Toyota inspectors, have been able to determine what actually happened to the car that sped up to 94 miles per hour on a San Diego, California freeway before being stopped by a fast-thinking California Highway Patrol officer.

In repeated tests this past week on the Prius that apparently malfunctioned, federal safety personnel and Toyota's experts found the car performed as it should and could not replicate the problem that its owner had on the road last week. "We would caution people that our work continues and that we may never know exactly what happened with this car," NHTSA said in a statement.

Toyota Motor Sales (TMS), U.S.A., Inc. offered findings today on its own testing of the event. While a final report is not yet complete, Toyota says "there are strong indications that the driver's account of the event is inconsistent with the findings of the preliminary analysis."

The initial findings include the following:

• The accelerator pedal was working normally. Prius is not subject to a recall on this component which is made by another manufacturer than those under recall in other models.

• The front brakes did have overheating damage.

• The floor mats were not touching the accelerator pedal.

• The pushbutton power functioned correctly and should have worked as the 911 operator instructed this driver.

• Shifting into neutral was normal.

• The car's computer did not show any trouble codes. There was evidence of a rapid on and off shift between the accelerator and the brake which is not what would happen in an event like this.

Toyota engineers said that the report of this occurrence is puzzling based on the car's engineering. It appears there are two safety systems that would have had to fail at the same time for this Prius to continue out of control. And that may be very unlikely, but possible.

Meanwhile, the federal agency NHTSA continues to check out the claims of approximately 60 Toyota owners who say that their cars had sudden acceleration, even after they were repaired in the recall.

More information on the Toyota recall can be found at www.toyota.com/recall/.

Continue reading "Toyota to Press --Was San Diego Prius Really A Runaway?" »

The US News & World Report recently noted that President Obama's Transportation Secretary has a new passion - turning off the lights. Ray LaHood told the paper that he is intent on saving lives by working to remove the hand-held use of phones and PDA's of drivers. He told Paul Bedard, the author of the column, Washington Whispers, "[w]e are hooked on these machines ... somewhat like an addiction to tobacco or alcohol," he vents.

The California Injury Attorney Blog has promised to keep you posted on the developments in this area. Although many states and cities have taken action to halt the use of these devices, we all drive on the road with other drivers who see no problem with holding phones and texting. Even the federal government is vowing to stop this dangerous practice.

Secretary LaHood says it makes him "crazy" when he sees other drivers holding phones while driving. After a meeting last year with families who have lost loved ones in crashes with texting drivers, he started FocusDriven, an advocacy group to stop cell phone use in cars once and for all. He believes we can do this because we have made progress with other safety measures in cars, like seat belts.

We all know that these practices are not safe. The Secretary wants to get serious about stopping it. He would like to see technology in cars that cuts off these devices once the engine is started. He also would like to see more enforcement of the existing bans on the use of phones and texting while driving. Finally, a federal ban on these practices would help save lives and he would like to see that happen as well.

The California Injury Attorney Blog will continue to keep you posted on developments. On the horizon we see that as car companies add more and more technologies in cars to enable people to talk and drive, this issue will become more challenging. The Secretary would prefer that technologies to support these sorts of distractions be removed altogether from inside vehicles of all kinds.

The US News & World Report polling information on this issue is also of interest.

Related Web Resources

There are many resources to study this issue. For information on distracted driving in a truck or other motor vehicle please visit the NHTSA.

Continue reading "Lights Off for Driving Safety Says Obama's Transport Chief" »

The Associated Press reports that a bus operated by the Van Nuys, California-based company, Tierra Santa, Inc., rolled over on an interstate in Arizona and has left six people dead and 16 others injured.

Tragically, the bus was not operating legally. The Department of Transportation had not approved the operator to engage in interstate transportation of passengers using a commercial motor vehicle. It did so anyway.

The Federal Motor Carrier Safety Administration had denied the company's application to become a passenger carrier in December 2009. The bus crossed the border from Mexico into the United States at El Paso.

Why did this accident happen? We do not know that yet, but the investigation will determine the maintenance status of the bus as well as the driver's attentiveness at the time of the accident.

The accident occurred when the bus hit a pick-up truck, went off the shoulder, tried to move back onto the roadway and began rolling due to the overcorrection. This crushed the bus and several passengers were thrown from it. A second accident took place when another pickup tried to slow down as the bus was in trouble and a car hit that pickup.

The AP notes that federal investigators are already reviewing Tierra Santa's safety operations and confirms that it company never had federal operating authority.
Unfortunately, this could have been avoided had the operator followed the law.

On inspection last August, one bus was determined to be operating illegally and the federal government stopped its trip at that time. That vehicle had many safety issues. The officials are not sure whether that bus is the same vehicle involved in this recent accident.

Related Web Resources

Before you book a trip on a public carrier, such as a bus company, make sure that the company is licensed to carry passengers. Ask for their licensing information if you are uncertain. For more information, visit http://www.fmcsa.dot.gov.

Continue reading "Tragic Bus Accident Kills Six, Injures 16" »

The California Injury Attorney Blog wants you to be safe this spring as you get out on the road on your bike.

The California Department of Motor Vehicles (DMV) notes that every year thousands of people are injured and over 100 killed in bicycle accidents. These accidents can be caused by either the bicyclist's actions or the driver's actions.

As we approach the spring and summer months, here are some important reminders for both bicyclists and motorists. First and foremost, when riding a bike on a public road it is important to remember that the rules of the road apply to you as well as the drivers with whom you are sharing the road. The California Driver Handbook includes the rules and regulations you need to know.

Drivers beware. Before you turn right, merge into bicycle lanes or open doors next to traffic, remember to watch for bikes and respect their right of way.

Bicyclists be informed. Bicyclists should know the basic rules to keep safe which include maintaining control, reducing risk of head injury by always wearing a helmet, staying alert and visible, communicating your intentions and riding with motorists.

Bicycle control. There are several things to remember in controlling your bicycle. Make sure your bike "fits" you and is properly adjusted for your body. Why is this important? It is much easier to control a bike that is properly fit to your body. And when you are properly fit to your bike, you will be less tired while riding and feel more comfortable. Make sure to inspect your bike regularly so that it is working correctly as you ride and need to brake.

Do not drive a bike while under the influence. The California Vehicle Code (VC §21200.5) makes it unlawful to ride a bike while under the influence of drugs or alcohol. If you are under the age of 21, and over the age of 13 a conviction under this law will result in the suspension or the delay of your right to drive a car for one year.

Avoid serious injury -- wear your helmet Sometimes it is easy to forget that even a simple fall can cause a very serious injury. Protect your head and your fragile brain by wearing a helmet. Vehicle Code §21212 requires that bicycle riders under 18 years of age wear a bicycle helmet while riding on a public road. All bike riders should wear a helmet, regardless of age to avoid injury that could last a lifetime.

Enjoy your ride. Next post, we will share some additional things to remember as you get out on the road on your bicycle.

Related Web Resources

For more information on bike safety visit kidshealth.org where you can find all sorts of great information on keeping healthy and safe.

Continue reading "Spring to Safety (part 1) - Avoiding Bike Accidents & Injury " »

Despite the new challenges of distracted driving, we have a little something to celebrate.

The National Highway Traffic Safety Administration (NHTSA) recently reported that for the first three quarters of 2009 an estimated 25,576 people died in motor vehicle traffic crashes. There is good news in these numbers, since this is a decline of about 7.9 percent from 2008.

Amazingly, the third quarter of 2009 is the 14th consecutive quarter of declines in
fatalities, as compared to the same quarter from the previous year. In fact, traffic fatalities have declined steadily since 2005. Although vehicle miles traveled may have dropped slightly, the fatality statistics are generally positive.

Another area of vehicle safety showing positive results is seat belt use. The federal government's "Click it or Ticket" campaign appears to be paying off and saving lives.

The NHTSA reports that for 2009 seatbelt use was up. In 2009 seat belt use was at 84 percent, a gain from 83 percent use in 2008. These results are from the National Occupant Protection Use Survey (NOPUS) which provides nationwide probability-based observed data on seat belt use in the United States. The survey is conducted annually by the National Center for Statistics and Analysis of the NHTSA. Seat belt use has been increasing steadily since 1994, accompanied by a steady decline in the percentage of unrestrained passenger vehicle occupant fatalities.

The new challenge that counters these positives -- distracted driving.

The California Injury Attorney Blog will keep you posted on that emerging problem.

Related Web Resources

For more information on seat belt safety visit the NHTSA website.

Continue reading "Fatalities Down, Seatbelts Clicked." »

When the United States Department of Transportation AND Oprah are literally on the same web page, you know this is BIG. Distracted driving has erupted as a very dangerous impairment.

The California Injury Attorney Blog has commented on this in the past and joins the efforts to inform the public of these dangers by committing to post information on this issue on a regular basis.

It is not possible to emphasize enough the dangers of getting in the driver's seat holding a phone, surfing the web or texting. No matter how safely any individual believes he or she can do these things while driving -- the statistics show this is not the case. Not only that, but it is quite possible that in litigation the records of this behavior may well be captured.

So here we are at a crossroads in American driving history. And it is serious. The statistics are out for 2008, we know that nearly 6,000 deaths were caused by distracted driving.

Cars and phones, texting while driving are a lethal mix. Some states like California have outlawed the practice of texting or holding a phone while driving. Some states have not done a thing about it, despite the statistics.

The federal government says it heard "America's call to end the dangerous practice of distracted driving on our nation's roadways." Because driving and doing other things besides driving is potentially lethal to not only the driver, but pedestrians, other drivers and passengers the government has promised that it will not stop until it is ended.

The federal government's effort is leading the charge and they have created a website that has a constant feed on the issue. Spending only a few minutes on the site it becomes clear -- we are in a driving crisis in our country.

The collision now is between safe driving and the technologies we love. The moment of crisis has arrived and the message from Washington is -- Put it down.

Related Web Resources

For more information on the risks of distracted driving in a truck or other motor vehicle please visit the NHTSA.

Continue reading "America, This is Big. Stop Driving Distracted." »

It has been a great ride for Toyota Motor Sales (TMS) U.S.A., Inc. for many years. The brand is identified with quality and safety for their cars.

In the past few months, the ride has become rough as the beleaguered company struggles through motor vehicle recalls, a public relations disaster and now the onslaught of litigation.

First, there are the shareholder issues with alleged failures to disclose the acceleration design defect that has been known to the company for a decade according to a recently filed lawsuit. Another suit has been filed on behalf of a class of consumers that own Highlander, Lexus or Prius models. Another suit involves 2010 models of the Prius and the Lexus HS250h.

The recall of Toyota cars is vast. The company has called back millions of cars due to gas pedals that stick in the acceleration position and floor mat dangers. The famed Prius has been subject to a specific recall for 2010 models and brake issues.

Toyota owners should consult the Toyota website to determine whether their particular vehicle is subject to a recall. These recalls are for serious and potentially dangerous defects.

Related Web Resources

For more information about the Toyota recalls, please consult the recall link.

Continue reading "Taking the Hit -- Toyota Braces for a Rough Ride" »

Seat belts are intended for safety and most states require their use. But many people are not aware that seatbelts actually can cause injury, especially to children and the elderly, in auto accidents.

Recently, Ford announced that it has taken steps to improve rear seatbelt safety in auto accidents while also encouraging their use. To accomplish this, the company is introducing new inflatable seatbelts in the rear seat of the next generation Ford Explorer.

According to Ford, the new seatbelts will go into production in 2010. Ford also notes the new seat belts will be beneficial to passengers as they are designed to spread crash forces over five times more area of the body. This, they say, also reduces pressure on the chest and controls motion of the head and neck.

The company plans to introduce this technology in vehicles globally. Here's how it works.

Sensors first determine whether the collision is severe. If so, the belts inflate with cold compressed gas. The inflatable belt has an accordion bag that expands through the flat seatbelt fabric. These belts use cold air and inflate more slowly than a regular air bag. After they have been deployed, they slowly deflate.

Ford has been testing these belts for nearly a decade and believes they are ready to be used by the general public. We hope the new seatbelts will be successful in avoiding injury in motor vehicle accidents and will serve to protect the young and the elderly from seatbelt injury.

Related Web Resources

For more information on seat belt use and other motor vehicle safety issues, visit the National Highway Traffic Safety Administration.

Continue reading "When it comes to rear seat belts, Ford says inflation is good. " »

The California Highway Patrol (CHP) is putting all drivers on notice that they must "buckle up, or prepare to pay up" if stopped by a California Highway Patrol
(CHP) officer on September 17, 2009. In fact, the entire week is devoted to ensuring that adults and children are properly buckled up in their cars.

Without restraint, there is serious risk of personal injury in the event of an auto accident of any kind.

The CHP has named the day: "Vehicle Occupant Restraint Day." It should be a very interesting day on the state's highways as officers will be paying specific attention to whether drivers and passengers are wearing seat belts.

"Seat belts are your first line of defense against injuries or death," said CHP Commissioner Joe Farrow. "If you're not buckled up during a crash, you could be thrown through a window or even crushed by a vehicle."

The statistics are very clear. Nearly one-third of passengers who were killed in automobile accidents in 2007-2008 did not use their seat belts. Wearing a seat belt has been shown time and time again to be a very significant factor in saving lives.

In 2008, the CHP wrote about 500 citations per day to drivers and their passengers who were not wearing seat belts.

This citation figure does not include the thousands of tickets written to motorists who did not have children restrained as is required by California law. Children younger than the age of six or who weigh less than 60 pounds, must also be properly buckled up in a child safety seat in the rear of the vehicle.

According to Commissioner Farrow, "The goal is to get motorists to buckle up, not just today, everyday." He urges motorists to make it a habit whenever they get into a vehicle, as a driver or as a passenger.

The Office of Traffic Safety made the funds available to the CHP for these efforts, including overtime for officers to focus on unbuckled drivers -- which in turn it is hoped will educate the public about the dangers of riding in any vehicle without a safety belt.

Continue reading "It's No Accident -- the CHP Looks for the Unbuckled This Week " »

When you think about it, you wouldn't try to balance your check book while driving, or catch up on your summer reading either. But we all see other drivers engaging in dangerous behaviors that are likely to cause accidents, including applying make-up or texting while driving.

Many states, including California have outlawed the use of handheld cellular phones and text messaging while driving. But some lag behind and allow this dangerous behavior to continue.

A great deal has been said and written about this subject recently. That discussion was prompted, in part, by studies performed by Virginia Tech's Transportation Institute. This institute is one of the preeminent transportation research institutions in the nation and it is dedicated to conducting research to save lives, save time and save money in the transportation field.

The study on the use of cellular phones included light vehicle and truck drivers and their manual use of these devices. It concluded that "manual manipulation of phones such as dialing and texting of the cell phone lead to a substantial increase in the risk of being involved in a safety-critical event (e.g., crash or near crash). However, talking or listening increased risk much less for light vehicles and not at all for trucks. Text messaging on a cell phone was associated with the highest risk of all cell phone related tasks."

The risks for light vehicles and cars is summarized as follows:

-- Dialing a cell phone makes the risk of crash or near-crash 2.8 times as high as non-distracted driving;
-- Talking or listening to a cell phone makes the risk of crash or near-crash 1.3 times as high as non-distracted driving; and
-- Reaching for an object such as an electronic device makes the risk of crash or near-crash 1.4 times as high as non-distracted driving.

The evidence is in. Don't risk your safety or the safety of others by engaging in these dangerous behaviors while behind the wheel.

Continue reading "Dangerous Behaviors -- Texting While Driving Can Be Catastrophic" »