Articles Posted in Motor Vehicle Accidents

After a traffic collision, a fall, or any other type of accident, most victims wonder whether should discuss their case with an attorney. Unfortunately, if their injuries do not seem to be serious, many accident victims fail to consult with a California accident attorney because they assume their injuries are not worth a legal case. In many situations, this is a mistake, however, and victims lose out on valuable compensation for their losses.

Attorneys can help with insurance settlements

Even though filing a lawsuit may not be necessary for many victims with relatively minor injuries, that does not mean an attorney cannot be of important assistance. In such cases, the responsible party’s insurance company will likely make an offer for a lump sum settlement to reimburse you for your medical expenses and other related financial costs of your injury. However, insurance companies are businesses and they strive to avoid liability whenever possible. This means that they often offer less than a victim deserves to see if they will accept the offer.

Drug Impaired Driving Accidents in California are becoming more and more of a problem.  Recent studies conducted by the Governors Highway Safety Association show that motor vehicle collisions where drivers are found to be under the influence of illegal narcotics or other drugs have significantly risen in the last decade. These studies have found that 40 percent of all people involved in a car wreck are under the influence of some type of drug. In addition, the study reveals that nearly 64 percent of all fatal car crashes involve the use of drugs.

This study takes into account all legal and illegal drug use. However, marijuana use is the highest reported substance at almost 35 percent, followed by amphetamines (a common drug used for ADD treatments and found in some diet medications) at almost 10 percent. The rest of the drugs that were discovered ranged from pain medications to prescription cough syrups.

Why California Drivers Should Be Alarmed

A recent Los Angeles jury verdict illustrates how negligent repair of a vehicle can cause serious injury for which the repair shop may be held liable. The facts and nature of the ruling were as follows:

Background Of The Case

On September 1, 2015, a California jury awarded Kenneth Fry over $2.1 million in damages for an auto repair negligence suit he filed against Larry Miller Toyota. This is a very significant case because it proves that mechanic negligence has a serious outcome when these actions lead to accidents and personal injuries.

There have been conflicting statements that have been submitted concerning the initial factor that caused the accidental death of 69 year old Kim Howe. One theory is that Caitlyn Jenner was talking or textin on a phone prior to the incident. The fatal accident occurred in early February of this year on the Pacific Coast Highway in Los Angeles. Jenner was cited as the being the primary cause of the crash when she rear-ended Ms. Howe.

California Vehicular Manslaughter Statute

There are three types of manslaughter that an individual can be charged with in the state of California. Depending on the situation and the individuals involved, the charges executed can affect the life of the assailant for a short or long period of time. Charges are basically determined based on the intent of the crime. One major concern is whether a person actually intended to commit the alleged crime or if the incident was an accident.

Los Angeles – California City Skyline

The Los Angeles City Council finally seems to be taking its culture into account when dealing with the laws of the road. The proposed Mobility Plan 2035 no longer treats the car as the king of the highway – city planners and other transportation professionals would now be mandated to design and construct the transportation modules with bikers and pedestrians in mind as well as people who are on public transit. The community has long been calling for a multimodal transportation plan from the city, and the cries of people who prefer to bike or walk seem to finally be heard.

If Mobility Plan 2035 goes into effect, it would completely replace the plan that Los Angeles adopted just before the turn of the millennium in 1999. That plan was more focused on cars in general, with plenty of rhetoric focused on getting cars to their destinations as fast as they could get there. However, many people have actually completely removed the car from their lives in Los Angeles. Public transit is more popular than ever. Bicycles have always been popular yet underserved. Although the city is still as stretched out as it ever was, many people are actually choosing to live without a car.

Hacking and cyber crimes are occurrences that frequently happen to innocent victims all over the world. More than 55 million people across the globe fall victim to computer hacking and other cyber crimes, according to a statistic provided by the Go-Gulf site. Hacking is the act of breaking into someone’s account and using it for malicious personal gain. Hacking can be a devastating experience that can ruin a person’s life, depending on the system that the hacker overrides. The types of accounts that hackers infiltrate are email accounts, social media accounts and financial accounts. Recently, consumers of high-tech vehicles learned that hackers have advanced to taking control of some computerized automobile systems.

Hackers Gain Access to a Vehicle

Automobile technology grows in innovations with each passing year. The Fiat Chrysler company is an example of a company that manufactures vehicles with the wireless technology. The dashboard connectivity system that comes with some of the newer vehicles was supposed to provide a high level of convenience to consumers. The system allows consumers to have access to the Internet via Wi-Fi connections. It allows consumers to connect to GPS systems, applications, cell phone connects and more. Unfortunately, some of the newer models were suffering from some great vulnerabilities and glitches. The company had to recall more than 1.4 million of its elite vehicles because of the glitches in the dashboard connectivity system.

In an interesting personal injury claim coming out of California, the Court of Appeal for the Fourth Appellate District, has reinstated a plaintiff’s case arising from injuries sustained in a motor vehicle accident. (See Navarrete v. Meyer, (2015), CA Fourth District Court of Appeal, Case No. D067454).

Facts of the Case: On November 26, 2009, a vehicle driven by defendant, Brandon Coleman, was traveling with two passengers.  Defendant, Hayley Meyer, was riding in the front passenger seat and the second occupant was in the rear.  As the vehicle was traveling to a drug store, defendant Meyer is alleged to have encouraged the driver to turn down a street known to have a lot of “dips” and to go fast to attempt to “get airborne”.  Despite the stated speed limit of 25 m.p.h., the driver got the vehicle to an estimated 80 plus miles per hour, hit the “dip”, lost control of the vehicle and crashed into a parked vehicle.  At the time of the collision, plaintiff’s husband was standing alongside the parked vehicle attempting to strap a child into a car seat.  He was struck, his legs were both severed and he died of his injuries.  His wife brought a wrongful death claim initially against the driver and the County of Riverside, CA (claiming negligence operation of a motor vehicle and a dangerous roadway condition of public property, respectively).  The lawsuit was later amended to add passenger Meyer as a defendant under theories of “civil conspiracy” and violation of California Vehicle Code 21701, which states, in pertinent part as follows:

“No person shall wilfully interfere with the driver of a vehicle or with the mechanism thereof in such manner as to affect the driver’s control of the vehicle.”

Too often, auto manufacturers negligently produce defectively designed or assembled parts that can cause a driver to lose control, cause a risk of fires, or create other dangerous hazards. In the wake of the Takata recall of an estimated 34 million cars,¹ much attention has been focused on the possibility of having defective airbags in our vehicles. However, while you should definitely check whether your vehicle has been affected by the airbag recall, there are many other active recalls for defective auto parts that may lead to serious accidents and injuries. The National Highway Traffic Safety Administration (NHTSA) reports new safety recalls² on a constant basis so that consumers can always determine whether their car or truck is safe for use.

The following are only some examples of recalls that have been issued in recent months of which drivers should be aware:

Fleetline fender brackets – Fender brackets that were manufactured in early 2015 were reportedly not sufficiently welded and can cause a fender to either fall against the tires, causing steering hazards or can fall off of the vehicle entirely, potentially causing other vehicles to crash into the fender in the road. 

As the use of cellular phones has become almost ubiquitous in today’s everyday culture, both in California as well as across the country, distracted driving has becoming a correlative increasing danger. Many people are seriously injured or even killed in accidents every year caused by a distracted driver, both in California as well as elsewhere in the U.S.

While the idea of distracted driving has become almost synonymous with talking or texting on a cell phone while driving, the activity encompasses much more. As a recent study reported in the LA Times reports, cell phone use has become an increasing problem. Despite the risks, drivers continue to use cell phones and do other activities while they are driving.

National Statistics

Distracted driving is a safety issue typically associated with performing other tasks while driving. Any non-driving activity you are engaged in while operating a motor vehicle significantly raises a risk of crashing and fatalities. Distraction transpires at any time you take your eyes off the road and do not concentrate on the primary task of driving.

Even with the alarming statistics, the car companies continue to furnish their vehicles with elaborate dashboards and enticing displays of information. Originally, the idea was created to aid the drivers with their transportation needs by providing Global Positioning System (GPS) allowing them to easily find their destination. The technology has since advanced into other methods of navigation that may lead to interference with safe driving causing an increased number of accidents worldwide.

The youngest drivers are at most risk as in addition to being distracted by the displays on the dashboard, they also engage in texting and talking on the cell phone simultaneously. On average, 660,000 cars are being operated by someone who is using their Smartphone accounting for 16 percent of distracted driving crashes involving people less than 20 years of age.