The accident happened when the pickup truck he was driving rolled over onto the side of the freeway and the man was not present in the car when emergency responders arrived.
]]> Police are facing some criticism for not finding the man earlier, since he was eventually located very close to the scene of the crash. Initial reports indicated that he was seen walking away from the vehicle but police were unable to find him during an initial search, which lasted about an hour.The man's family reported him as missing several days after the crash, leading police to return to the scene of the accident. Police said that finding him alive was a miracle. One of the officers involved with the case told reporters "It's remarkable that he survived essentially a week without any food or water. Remarkable."
However, this accident and the search that followed do raise some serious questions about police response and search tactics. The man was apparently just below the area of the highway where his car was found, laying in the brush out of view. If the search conducted by the police is deemed to have been inadequate or negligent in any way, the department may be liable for any long term injuries that result from the one week delay in finding him. His family has not made a comment about the accident or the search process.
Source: Huffington Post, "Michael Sanchez Jr., San Jose Man, Survives for Week in Woods After Car Crash," May 17, 2012.
]]>The action was spurred by the wrongful deaths of two California women, which we discussed in our previous post. That fatal car accident was caused by faulty power steering fluid that was subject to a recall but not fixed by the rental car company. Senator Boxer has already committed four major companies to a voluntary pledge to repair safety defects before renting cars out to consumers.
]]> The lawmaker is seeking commitment to the pledge from all of the other major rental car companies that operate in the United States. Senator Boxer told reporters that they will release a list of all of the companies who have agreed to the pledge within 30 days. She told reporters that consumers need to know which companies prioritize safety and which will "continue to put their customer's lives at risk."The founder of advocacy group Consumers for Auto Reliability and Safety pointed out that rental car companies have a duty to fix safety defects that is different from the choice a private consumer might make.
"If it's your car, you might ground it. You might decide you're only going to drive it when you absolutely have to," she said "That's very different from when you go rent a car from a reputable company. We don't think you should have to worry that they're knowingly putting you in an unsafe car."
Source: Los Angeles Times, "Boxer wants rental car companies to park vehicles facing recall," Jim Puzzanghera, May 7, 2012.
]]>A lot has been said recently about returning troops and post-traumatic stress disorder, and the risks of alcohol or drug abuse, as well as other types of erratic behavior. This case has helped give the military renewed incentive to carefully examine treatment program and support systems for returning troops in an effort to prevent injuries and accidents and save lives.
]]> According to reports from the courtroom, the defendant's family and the victim's family comforted each other through the difficult process.The marine had been sent back to the United States about a month before the accident happened because he had been showing signs of significant distress. He was sent to Florida for a desk assignment and got into the car accident about two days later.
The Marine Corps has completed a 860 page report on the man's condition and the circumstances of the car accident and made recommendations to top officials as to how to avoid similar situations in the future. Depending on the military's knowledge of the risks that the man presented to the public at the time that he was transferred to Florida, there may be some liability issues if they failed to act within sufficient care.
Source: ABC News, "Former Marine Pleads Guilty to DUI Manslaughter," Tamara Lush, May 10, 2012
]]>A truck driver was recently sentenced to 18 months in prison for violating safety regulations. He was convicted of falsifying log books that federal regulators require to ensure that drivers aren't on the road for more than 11 hours at a time without rest. Authorities discovered that the logs were inaccurate after the truck driver caused a fatal accident when his truck hit several cars during rush hour. One person died in the accident and another was injured.
]]> When a driver is breaking the law or violating a regulation at the time that they cause an accident, there is a strong suggestion that their conduct was negligent. In this case, the truck driver seems to have failed to exercise reasonable care when he did not get the required amount of rest between shifts.The U.S. Department of Justice released a statement saying that commercial truck drivers are held to a strict standard of honesty for their log books. "This is to ensure that truck drivers operate their multi-ton trucks in a safe, unimpaired manner to protect the public from commercial trucking-related accidents on the nation's highways."
It is not clear at this time whether the victim's family will be pursuing a wrongful death lawsuit against the driver.
Source: NBC, "Truck Driver Sentenced for Falsifying Log Books: Investigators," David Chang, May 7, 2012.
]]>Water sports are a major activity in California. The state recognizes this, as does the U.S. government. That's why the Coast Guard is so visible on the water on any given day. Regulations are myriad for pool and boat operators because of the desire to keep the public safe. Neglect in observing all those rules and the standard navigation rules for international waterways can result in injuries or wrongful deaths.
Accidents at sea can also be shrouded in mystery. If there are no survivors and little but scraps and debris of a boat floating on the surface, it can stymie investigators in finding out exactly what happened. That may be the situation with the sinking of an American sailboat during last weekend's Newport to Ensenada race.
]]>Officials say the Aegean set out as part of a fleet of about 200 boats last Friday for the 124-mile cruising race. It carried a crew of four men. Early on Saturday morning, the boat disappeared from satellite tracking systems. It was later determined to have been destroyed. The bodies of three crew members were subsequently recovered. The skipper's body is missing. He's presumed to have drowned.
A number of theories have surfaced to explain what may have happened. At first, it was thought that the boat might have been involved in a collision with some larger vessel in the dark overnight hours. A newer theory is that the boat may have crashed into the rocky shore of one of the Coronado Islands off Mexico. That still leaves questions about where the crew might have been.
There reportedly is GPS tracking information that indicates the 37-foot Aegean was on a collision course with one of the islands ahead of it going missing. Still, investigators say they are examining wreckage, interviewing other racers and trying to determine if any larger ships were in the area at the time.
The yacht owner's family dismisses the idea that the boat hit land. A spokesman says floating debris from the boat off the coast of the island was too small to support that notion. Others say wreckage was spread over a two-mile stretch of ocean.
As for the victims, the San Diego County medical examiner has ruled that two died of blunt force trauma and the other died by drowning.
Source: San Francisco Chronicle, "Calif. yacht hit rocks off Mexico, GPS suggests," Elliot Spagat and Bernie Wilson, AP, May 2, 2012
]]>A car crash that is serious enough to cause a car to flip over can result in major injuries and significant property damage to the vehicle and anything else it hits. Drivers who negligently cause accidents can end up being liable for that property damage and for any injuries or wrongful deaths caused by the accident.
]]> The teen was pulled from the car by Mr. Dempsey after he used the crow bar to pry the driver's side door open. Mr. Dempsey also called the paramedics and the boy's parents to let them know what had happened. The driver sustained only a minor concussion and an eye injury.The boy and his family and the other passenger in the car appeared on Good Morning America to publicly thank Mr. Dempsey for the heroic act. He told reporters "I'm just really happy that he was there for me, things could have gone a lot worse if he didn't save me as soon as he did."
Source: San Francisco Chronicle, "Car crash victim thanks heroic Patrick Dempsey," April 30, 2012.
We have previously discussed the issue of injuries and fatalities that result from distracted driving accidents or drunk driving accidents. Both of these behaviors are negligent and the driver is responsible for the damage done. However, preventing the accidents and injuries would be a better solution.
]]> Other options for improved safety were also suggested. Developers are working on advanced devices to prevent cars from starting when a driver is intoxicated. There is also work being done on a user interface for cell phones and in-dash systems that would help drivers keep their eyes on the road instead of tinkering with a phone or radio.The NHTSA has said that solving the problem of car accidents caused by driver distraction is one of the agency's biggest goals for the next few years. This issue has also been addressed extensively by the Transportation Department, which was encouraged texting bans for drivers nationwide.
There is also a lot of discussion around Google's self-driving cars. While an entirely autonomous car may still be 10 years away, the smaller developments that make those cars work could potentially be implemented in consumer models sooner than that. Features like crash warning systems and lane-departure alerts can help drivers prevent easily avoidable and common car accidents.
Source: Detroit Free Press, "NHTSA: If cars communicate, 80% of crashes can be avoided," Nathan Bomey, April 27, 2012.
]]>A recent fatal accident in which a bicyclist hit a pedestrian in the Castro district has led to renewed calls for safety and caution for bikers. The accident occurred when the bicyclist was crossing an intersection on a busy road at a high speed. Both men were hospitalized and the pedestrian died. The bicyclist has not been charged with a crime at this time, but he may still face a civil suit for wrongful death if the accident occurred because of his negligent conduct.
]]> The San Francisco Bicycle Coalition has been outspoken during this controversy, and is highlighting safety in the city cycling classes that it provides. The group is working to teach riders how to maneuver and stop quickly to avoid accidents. One focus of the classes is improving the relationship between cyclists and cars, which a recent study revealed is tense. Cyclists tend to view cars as selfish and as an impediment to bikes, while drivers see cyclists as arrogant and irresponsible. There were more 531 accidents between a bike and a car in 2009. Participants in the classes range from experienced urban riders to families and adults who have never ridden before. The main goal is to make the road safer for everyone using it.Source: The Sacramento Bee, "San Francisco Bicycle Coalition schools riders on rules, dangers of the road," Katherine Seligman, April 15, 2012.
]]>Studies have shown that riders are most likely to get in to motorcycle accidents within their first month of riding than any other time. As riders gain more experience and become familiar with how to ride on the roads in their area, the risk of accident and injury decreases. Many riders in California are appropriately cautious, but accidents do still happen and can cause serious injury.
]]> Unfortunately, motorcycle fatalities are still at very high levels, and enthusiasts are looking for ways to make the pastime safer. Different models for training classes are being tested in different parts of the country, including extended trainings and classes that spend more time on the road with students. Nonprofit organization Motorcycle Safety Foundation says that they work hard to prepare students with the knowledge and skills they need to ride safely and prevent accidents. Still, only about 45 percent of riders in the United States take a course before hitting the road on a new bike.Fatalities from motorcycle crashes have dropped slightly in recent years but are still near all-time high levels. Some attribute this to the increased number of bikes on the road, as many in the baby boomer generation take up the activity
Source: The Republic, "Motorcycle crash risk drops sharply after the first month on the road," Michael Virtanen, April 15, 2012.
]]>However, this is not the only concern for teens behind the wheel. A new study looked at injuries sustained by teen drivers in car crashes, and found that car accidents are a leading cause of traumatic brain injuries, which can be fatal in some cases. The Centers for Disease Control reported that among 15 to 19-year-olds, car crashes are the leading cause of traumatic brain injury-related deaths.
]]> The lead author of the report says that one of the reasons for the high fatality rate is that the brain is one of our most difficult organs to heal. Preventing car accidents among teens is the best medicine, he says. Along with that, an insurance company spokesperson said that seat belt use will also help reduce injuries and fatality rates in the event of an accident.Families who have lost a loved one in an accident are eligible to file a wrongful death claim in California. This type of lawsuit can help hold the person that caused the accident responsible for their negligence and can compensate families for costs such as medical expenses.
Source: Forbes, "Car Crashes Are The Leading Cause of Fatal Head Trauma Among Teens," Jim Gorzelany, April 2, 2012
]]>There was a notable unintended acceleration accident in 2003 in California, when an 86-year-old driver drove into a crowded area at a farmers market. The car accident caused ten fatalities and 63 injuries, and brought renewed attention to the element of driver error in these accidents.
]]> A study conducted for the National Highway Traffic Safety Administration found drivers under 20 and drivers over 70 were more likely to get in to a mistaken acceleration car accident than other drivers. They also found that many of these accidents happened in parking lots, where researchers say drivers have less space to recover from errors.New drivers and older drivers are well known to be the most prone to car accidents. These age groups both struggle with executive functioning such as planning and attention. Researchers say that teens' brains are not fully developed, and that older drivers experience degradation of those functions over time. The study also showed that women were two-thirds more likely to mistakenly accelerate than men. This contrasts with car accidents generally, in which male drivers comprise about 60 percent of those involved in crashes.
Source: San Francisco Chronicle, "Study: More Female drivers mistakenly hit gas pedal," Joan Lowy, April 13, 2012.
]]>Researchers looked at data from the National Highway Traffic Safety Administration. They estimated that costs that result from the accidents amount to about $40 million annually. The costs include injury, property damage, and loss of life, among other things.
]]> There are many possible explanations for the increase in fatal car accidents on tax day. The researchers say that being in a hurry to get to the post office may be one factor. They also said that data indicates that drivers are safest on the routes they drive the most. It is possible that the increase in car accidents is a result of drivers rushing through unfamiliar routes to mail their returns on time. For those who file electronically, tax day can still be a source of stress and may also be a contributing factor to dangerous driving behavior.Costs that result from a car accident can be extremely burdensome for victims or their families. Medical bills and lost wages are often sources of financial distress after a serious car accident. Victims or their family members may be able to recover for those costs if the car accident resulted from negligence on the part of the driver.
Source: Huffington Post, "Deadly Car Crashes Spike by 6 Percent on Tax Day: Study," Lindsey Tanner, April 10, 2012.
]]>A Muni bus from the 38L-Geary Limited bus line appears to have been involved in the pedestrian accident; however police are investigating to determine exactly what happened. The San Francisco Municipal Transportation Agency is working with police to determine if the bus was actually involved in causing the pedestrian's injuries.
]]> The woman was found with life-threatening injuries and taken to the hospital. Due to the seriousness of the victim's injuries police requested the department's hit-and-run detail team come to the accident scene. Per departmental policy, this detail thoroughly investigates motor vehicle collisions involving serious injuries or death.The Bay Area has one of the most extensive public transportation systems in the country, which means that bus and railway accidents are an all too common occurrence in the Bay Area. If the Muni bus is determined to be involved in causing her injuries, the victim could possibly have a personal injury claim.
If you or a family member has been injured in a motor vehicle, truck or bus accident, you may want to discuss the details of the accident with a personal injury attorney to ensure all reports are thoroughly reviewed and the appropriate steps are taken to ensure you receive the compensation you are entitled to for injuries suffered.
Source: The San Francisco Appeal, "Woman Suffers Life Threatening Injuries, Possibly From Collision With 38L Muni Bus," Sasha Lekach, March 29, 2012
]]>The attorney representing the family told jurors that the lane change was unsafe and that the driver's negligence caused the truck accident. Defense attorneys for UPS said that the fatality was the result of an unavoidable accident or sudden emergency. There is no information available about what the circumstances of the lane change were.
]]> The family pursued a wrongful death action against the shipping company, asking for both economic and punitive damages. The award given by the jury included $1.75 million for the punitive category, which included loss of love and affection, comfort, and other similar types of damage. These types of damages are common in wrongful death cases, although this amount of this award is larger than most.Trucking accidents claim about 5,000 lives each year. The causes of these collisions vary, but trucks are prone to rolling over more than small vehicles and often turn widely across several lanes of traffic. Large blinds spots for truck drivers also contribute to the high accident rate.
The truck driver was charged with a criminal misdemeanor by county prosecutors and was sentenced to a work program in 2010. No further details are available about other actions taken against the driver, reports indicate that the case was dismissed last November.
Source: Sacramento Bee, "Sacramento jury awards $2.9 million to family of woman killed in UPS truck crash," Andy Furillo, April 3, 2012.
]]>Speeding and aggressive driving are cited as the cause of about one-third of all fatal car accidents in the United States in 2010. There have been significant gains in many other areas of driver safety, including a reduction in deaths where alcohol impairment was a factor. Yet somehow, the proportion of fatalities associated with speeding has remained steady over the last 30 years and regulators continue to struggle with a way to decrease the dangerous behavior.
]]> Families who have lost loved ones due to an aggressive driver or a driver who was speeding may have a wrongful death claim. This type of lawsuit arises when negligence causes a death. California families may be able to recover for any medical bills, lost wages, and pain and suffering that resulted from the negligent behavior.Safety regulators say that public indifference to the dangers of speeding makes it more difficult to discourage the behavior. In fact, seven states have raised their speed limits recently, some up to 85 miles per hour. There is also concern over lack of available law enforcement officers to patrol for speeding. Some states have tried to increase enforcement at a lower cost by installing controversial speed cams, but it is unclear whether or not these devices effectively deter speeding.
Source: The Car Connection, "Speeding, Aggressive Driving Still Cause 1/3 of Fatal Accidents," Richard Read, March 9, 2012.
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