Los Angeles Reports Spate of Motorcycle Accident Fatalities

October 27, 2016 Motorcycle Accidents

Recent headlines in the Los Angeles area underscore the dangers facing motorcyclists today. Motorcycle crashes and fatalities continue to be

Recent headlines in the Los Angeles area underscore the dangers facing motorcyclists today. Motorcycle crashes and fatalities continue to be an epidemic of tragic proportions in the LA metro area, with at least four deaths reported in the last few weeks. Police investigations commonly find reckless driving, road hazards and excess speed to be contributing factors in motorcycle-vehicle crashes, though distracted driving and alcohol impairment are often cited as well.

When careless motorists cause serious injury or death on California’s roads, victims have the law on their side. Los Angeles motorcycle accident attorney Sean F. Salamati discusses liability issues and some of the more recent fatal crashes that made the news.

Recent motorcycle crashes claim lives

In late September, a left turn accident claimed the life of two people in Riverside.  Police say that a 61-year-old woman was waiting to make a turn onto Kearney Street, and as she turned her SUV left from Columbia Avenue, a motorcyclist and his passenger crashed into the vehicle. The impact of the collision ejected the biker and his passenger from the motorcycle, killing both.

Just two days later, downtown Los Angeles was the scene of a separate fatal motorcycle crash. According to the LA County Sheriff’s Department, a motorcyclist was struck by the Metro Expo Line train around 1:30 a.m. on Washington Boulevard and Flower Street. Investigators claim the motorcyclist was traveling at a high rate of speed at the time of the fatal collision, which marks the first traffic fatality on the light-rail line.

Just two weeks ago, another motorcyclist died in a North Hills van accident, which happened in the  5100 block of Nordhoff Street. Officials say that the 28-year old victim, David Villatoro, smashed into the side of a passenger van that was carrying three people. Investigations are still pending, but police say that the biker’s speed was a definite factor in the accident.

Determining fault in accidents

Driver error is one of the most common causes of motorcycle and vehicle accidents. Motorists who fail to obey traffic laws, blow through a stop light, fail to yield the right of way, or make lane changes without checking their blind spot are at high risk of being involved in serious accidents.

More often than not, personal injury actions arising from motorcycle crashes are based on theories of negligence. When the driver of a passenger vehicle operates their car in a negligent manner and their actions or omissions cause injury to another, the motorcyclist has a valid claim for compensation.

Liability may also be assigned to defective or malfunctioning vehicle parts that caused the motorcycle rider to lose control and crash. Poorly designed or defective brakes and tires contribute to dozens of motorcycle accidents every year. In cases like these, victims may sue for damages in a product liability claim.

To discuss your options for legal recourse in the wake of a motorcycle accident, call Salamati Law at 888-259-4060. You may be entitled to seek damages for medical expenses, lost income, permanent disability, emotional hardships and other losses. All consultations are free and without obligation — call today!

Resources:

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Coalition Vows to Eliminate Traffic Deaths Within 30 Years

October 26, 2016 Auto Accidents

In early October, four government agencies overseeing transportation in the U.S. announced a plan with the goal of reducing traffic

International shipment, trucks and cars driving on the road. Logistics and warehousing

In early October, four government agencies overseeing transportation in the U.S. announced a plan with the goal of reducing traffic deaths to zero within 30 years.

The plan, called the Road to Zero Coalition initiative, was developed by the National Highway Traffic Safety Administration (NHTSA), a division of the U.S. Department of Transportation. The NHTSA is joined by the Federal Highway Administration (NHWA), the National Safety Council (NSC), and the Federal Motor Carrier Safety Administration (FMCSA). All these agencies will be working together.

The initiatives address the multiple causes of traffic fatalities and plan to use targeted plans, education, innovative technology, and funding to reach the 30-year goal.

Because traffic deaths stem from multiple factors, including driver actions and roadway conditions, the near-term goals focus on increasing the safety of drivers and roadways.

To those ends, the inaugural efforts will 1) promote use of seat belts, a proven method of reducing fatalities, through specific enforcement; 2) put rumble strips in areas that are known to be hazardous sites of veering off; 3) enhance safety of commercial vehicles to reduce truck accidents; and 4) initiate educational campaigns to promote safe driving.

Longer term, the campaign will target the use of innovative technology, such as vehicles with self-driving capability, improved infrastructure and roadway design, safety behaviors, and enforcement of speed limits. The coalition hopes that technology developed for self-driving cars can be incorporated into all vehicles to reduce human error.

Initiative responds to spike in traffic fatalities

The consortium plans to generously fund organizations that create programs that save lives as part of the Road to Zero initiatives. It will be sponsoring $1 million in grant money every year over the next three years.

The programs will also target the risks that are the root cause of many highway vehicle accidents. The program plans to research new evidence-based strategies and systematic approaches that will make the risks a thing of the past.

The news of the formation of Road to Zero occurred shortly after the NHTSA had announced the first half 2016 statistics on traffic fatalities. Fatal traffic accidents occurred 10.4% more frequently in the period than in the first half of 2015. Last year’s first half, it should be noted, also saw a year-over-year increase, and registered the highest number of traffic deaths since 1996.

Deborah A.P. Hersman, the president and CEO of the NSC, observed that “The ‘4Es’ – Education, Engineering, Enforcement and Emergency Medical Services – provide a reliable roadmap for driving down fatalities. Coupled with new technologies and innovative approaches to mobility, we may now hold the keys that get us to zero.”

Trusted accident attorney in Los Angeles

The Zero in Thirty plans are admirable and future successes would be applauded. But for right now, the initiative offers little comfort for victims of reckless drivers

If you or a loved one has been hurt or killed in a vehicle accident, Los Angeles car accident lawyer Sean F. Salamati offers skilled legal advice on your rights to compensation. Contact our office toll-free to schedule a free and confidential case evaluation.

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Tour Bus Crash Leaves 13 Dead and 31 Injured on 10 Freeway

October 25, 2016 News

Thirteen people were killed and 31 injured on October 23 when a tour bus hit the back of a large

Firefighter and paramedics taking victim out of crashed car

Thirteen people were killed and 31 injured on October 23 when a tour bus hit the back of a large truck near Palm Springs. The bus originated in Los Angeles, and it is believed that most of the passengers were from the Los Angeles area.

The crash is one of the deadliest in California since a 1963 accident near Chualar. That collision, involving a flatbed truck transporting Mexican farm workers and a freight train, killed 32 people.

The accident occurred on the 10 Freeway in Desert Hot Springs during the predawn hours. Most of the passengers were asleep. They had been at a casino near Thermal, close to the Salton Sea.

The bus in which the victims were riding hit the rear end of the truck’s trailer, nearly destroying the front of the bus and severely impacting the first third of it. The Los Angeles Times noted that most of the fatalities were sitting near the front of the bus.

Given the damage to the bus, authorities noted that it might have been going much faster than the truck. However, officials noted that an investigation is pending and it is not known whether the bus driver was going over the speed limit.

Early indications were that the driver died in the crash. Although California Highway Patrol (CHP) authorities have not identified the driver, neighbors in Alhambra gave his name as Elias Vides.

The damaged vehicle was a USA Holiday tour bus. It did not have seat belts. USA Holiday is based in Alhambra and owns a single bus and has one driver.

CHP Border Division Chief Jim Abele said, “In almost 35 years, I’ve never been to a crash where there’s been 13 confirmed fatals. It’s tough … you never get used to this.”

Injured taken to nearby hospitals

Five of the injured were in critical condition.

Because of the lack of seat belts, some of the injured received facial injuries with soft tissue and bone injury involvement. Some may need plastic surgery as a result of their injuries, according to Dr. Ricard Townsend at Desert Regional Medical Center, where some of the injured were taken.

Other passengers were brought to area hospitals with noncritical injuries, including cuts, abrasions, and neck pain.

Many of the victims were Spanish-speaking. Local hospitals brought in healthcare personnel who spoke Spanish to help in the patients’ care.

Federal investigation begins

Officials from the National Transportation Safety Board (NTSB) were slated to arrive in the area on Monday to help with the ongoing investigation. They will look at causal factors, including whether the early morning hours meant the driver feel asleep, whether he was under the influence of substances, or had a medical emergency such as a heart attack. They also explore the possibility of mechanical problems with the bus.

Officials indicated they hope to find a data recorder to determine the bus’s speed and driver actions before the crash, such as braking. However, since the bus is 20 years old, they cautioned that it may not have had a data recorder on board.

Personal injury law firm serving Los Angeles

The Salamati Law Firm continues to follow investigations into the cause of this fatal accident, and our Southern California car accident attorneys extend their sincere condolences to those who were harmed or lost a loved one. To learn more about our legal services or to request a free consultation with a member of our firm, please call our Los Angeles office at 888-259-4060.

LA Times, 13 dead, 31 others injured in tour bus crash near Palm Springs http://www.latimes.com/local/lanow/la-me-tour-bus-20161023-snap-story.html
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Nursing Home Residents No Longer Bound by Arbitration Agreements

October 19, 2016 Elder Abuse

On September 28, 2016 the Centers for Medicare & Medicaid Services (CMS) finalized new rules that would serve to enhance

senior woman in nursing home clasped handOn September 28, 2016 the Centers for Medicare & Medicaid Services (CMS) finalized new rules that would serve to enhance the safety and quality care of more than 1.5 million elders residing in our nation’s long-term nursing home facilities that are funded by the Medicare and Medicaid programs. The revamp included several policies, including one that will guarantee the rights of nursing home residents and their families to sue long-term care facilities in the event of neglect, abuse or other instances that result in physical, emotional or financial injury.

This new rule prohibits the use of binding arbitration clauses that have always been included in long-term facility contracts. These mandatory clauses require all disputes to go through arbitration, rather than the courts. The policy will officially go into effect on November 28 of this year, and will be implemented in more than 15,000 nursing homes and live-in facilities that are part of the Medicare and Medicaid system.

Proponents of the CMS changes applaud the new policy. “Today’s rule is a small but important victory in the long battle to root out these secretive, complicated arbitration clauses that favor corporate interests over consumer rights,” stated Senator Patrick Leahy (Vermont), who had criticized arbitration clauses that stripped patients of their right to legal recourse.

Long-term care residents previously forfeited their legal rights

The revamped rule will allow victims of nursing home abuse, fraud and neglect to have their day in court, giving victims and their loved ones the opportunity to seek financial compensation while holding negligent parties accountable for their actions. For many families who have been affected by such tragedy, this procedural change will make a world of difference. According to 2009 research, monies secured through arbitration are, on average, 35 percent lower than court awards.  The discrepancy may be attributed to the pre-dispute arbitration process, in which patients have few grounds for appeal.

Consumer watchdog activists point out that many families, who are already under pressure to find an affordable yet trustworthy long-term facility for their loved ones, don’t always read the contractual fine print that essentially stripped them of their right to sue.

The CMS changes intended to increase standards of care also touched on regulations that would improve staff training, medical care and treatment of residents, infection prevention and control and healthy dietary provisions.

Advocates for victims of elder abuse

An estimated 10 percent of seniors over the age of 60 experience some form of elder abuse, according to national statistics.  If you believe that a family member or loved one has been neglected, or physically or emotionally abused in a long-term care facility, it’s important to report your suspicions to authorities and seek legal counsel right away.

The Salamati Law Firm can review the facts surrounding your case and assist families in the pursuit of justice. Civil litigation against nursing homes, their management and staff may help recoup compensation for hospital and medical bills, emotional anguish, pain and suffering, and other losses. Call us toll-free to speak with a Los Angeles elder abuse lawyer today.

More information on nursing home abuse:

  1. Centers for Medicare and Medicaid Services, CMS finalizes improvements in care, safety, and consumer protections for long-term care facility residents https://www.cms.gov/Newsroom/MediaReleaseDatabase/Press-releases/2016-Press-releases-items/2016-09-28.html
  2. NPR.org, New Rule Preserves Patients’ Rights To Sue Nursing Homes In Court http://www.npr.org/sections/thetwo-way/2016/09/29/495918132/new-rule-preserves-patients-rights-to-sue-nursing-homes-in-court
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Study Finds Pokemon Go a Dangerous Distraction

October 4, 2016 News

Pokemon Go, the popular augmented reality game, has proven itself to be one of the most played apps of all

Using a phone while driving a car

Pokemon Go, the popular augmented reality game, has proven itself to be one of the most played apps of all time since its introduction this past summer. Unfortunately, not all the news regarding the app has been positive, however. The game has recently been linked to a slew of car and pedestrian accidents, indicating the distraction of the game might be too much for some players trying to “catch ‘em all.”

Researchers have actually taken a closer look at the potential danger surrounding Pokemon Go. Scientists from San Diego State University studied the effects of the app on car crashes around the country. They specifically looked at the association between July 10 and July 19, when the game was first introduced to the general public.

Study uses news, social media reports

The study, which was published in the journal JAMA Internal Medicine in September, used social media and news reports to collect data involving both motorists and pedestrians that were distracted by the game. Researchers found a total of 350,000 tweets that referred to both “Pokemon Go” and “driving a car.” A random sample of 4,000 of those tweets indicated the person playing the game was driving a vehicle, a passenger in a vehicle or a pedestrian interacting with traffic at the time of play.

Approximately one-third of those tweets suggested the player was distracted by the game. Although some of the tweets were perceived as jokes, researchers determined that around 114,000 traffic incidents were reported on Twitter within that 10-day time frame. Researchers also scanned Google News reports during that same time and found 321 stories referring to car crashes involving Pokemon Go.

“Pokemon Go is a new distraction for drivers and pedestrians, and safety messages are scarce,” researchers concluded. They are hoping their findings will motivate policy makers and game developers to take steps to make this game, and others like it, safer for play. For example, game manufacturers could make the game inaccessible once a certain driving speed is reached. Currently, Pokemon Go asks players if they are a driver or passenger when the vehicle moves faster than 10 miles per hour. The game also displays numerous warnings when the app is first launched.

Distracted driving a major concern

At a time when concerns have been on the rise over the potential risk of distracted driving, games like Pokemon Go are just one more factor to consider. Victims of distracted driving accidents may see their lives change in a matter of seconds, as they are sometimes left to deal with debilitating injuries or even the loss of a loved one as a result of these crashes.

When a driver is found to be at fault in an accident due to distracted driving, whether from texting, talking on a phone or playing a game, they can be held liable for the victim’s injuries and other losses. However, it takes experienced legal guidance to prove the driver was distracted and pursue maximum monetary damages.

If you or someone you love was injured in a traffic accident due to Pokemon Go or another distraction, help is available. Contact Los Angeles car accident attorneys at The Salamati Law Firm for a free case review and answers to all of your legal questions. Contact us 24/7 at at 888-259-4060.

Resources:

JAMA Internal Medicine, Pokemon Go: A New Distraction for Drivers and Pedestrians, http://archinte.jamanetwork.com/article.aspx?articleid=2553331

FOX News, Death by Pokemon? Public Safety Fears Mount as Pokemon Go Craze Continues, http://www.foxnews.com/tech/2016/07/14/death-by-pokemon-public-safety-fears-mount-as-pokemon-go-craze-continues.html

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Disturbing Increase in Traffic Deaths Reported

September 27, 2016 News

According to preliminary studies conducted by the National Safety Council, deaths in traffic accidents were up nine percent during the

Traffic fatality

According to preliminary studies conducted by the National Safety Council, deaths in traffic accidents were up nine percent during the first half of 2016 compared to the same six month period in 2015. Unfortunately, this is consistent with a surge in auto accident fatalities which began two years ago.

According to the research, between January and June this year, somewhere in the vicinity of 19,000 people died in the U.S. in auto accidents. This is a noticeable 18 percent more than two years earlier during the same time period. During the recorded 2016 six month period, almost 2.2 million people suffered serious injury.

The Salamati Law Firm finds these numbers unsettling. If this continues, there could be over 40,000 fatalities by the end of September. There were over 35,000 deaths as a result of auto accidents in all of 2015 and it is considered the most dangerous year for driving since 2008, when over 37,000 died on the road. Sadly, this year is well on its way to “besting” those numbers.

More drivers on the road in 2016

It is believed the more stable the economy and the more affordable gas is, the more people will drive and travel, increasing the possibility of accidents. The Federal Highway Administration says there was a 3.3 percent increase in driving in the first half of 2016 compared to 2015. In fact, drivers set a record 1.58 trillion miles on the road. Average gas prices between January and June were 16 percent lower than the same period in 2015. Historically, fatality numbers tend to dip during economic strife like recessions, oil embargoes and, most recently, during the subprime mortgage crisis in 2007.

Of course, we can attach all the data and trends we want. It does not change the fact that somewhere and someplace in Los Angeles, another family will lose a loved one in an auto accident due to another driver’s mistake. Running a red light, getting behind the wheel under the influence, speeding, texting or falling asleep at the wheel, are all hazards and have left families with immeasurable grief.

Speak with a traffic death attorney Los Angeles trusts

The Salamati Law Firm has met far too many families that regretted not getting in touch with a lawyer sooner rather than later. Insurance companies and lawyers for the other side will play sympathetic and understanding, but their job is to protect their interests. Our skilled Los Angeles wrongful death attorneys will ensure that the responsible parties will face the music to the full extent of the law and that all damages will be taken into account and factored into the compensation your family deserves.

If you have lost a loved one in auto accident as the result of someone’s negligence, give the Salamati Law Firm a call and find out what can be done to hold the responsible accountable. All case reviews are confidential and free of charge.

Resources:

  1. PBS, Traffic deaths up nearly 20 percent since 2014, government says, http://www.pbs.org/newshour/rundown/traffic-deaths-injuries-cost-205-billion-far-2016/
  2. NPR, Traffic Deaths In 2015 Climb By Largest Increase In Decades, http://www.npr.org/sections/thetwo-way/2016/08/29/491854557/traffic-deaths-climb-by-largest-increase-in-decades
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California Is Expected to Legalize Lane Splitting for Motorcyclists

September 15, 2016 News

Lane splitting, which is the practice of riding a motorcycle between lanes when traffic has stalled, has long been legal

Lane splitting, which is the practice of riding a motorcycle between lanes when traffic has stalled, has long been legal overseas. In the U.S., lane splitting is not considered normal practice, but in California, the practice is in a gray area-neither legal, nor illegal.

Traffic enforcement officers tend to look the other way when motorcyclists ride between lanes, as long as they do so in a safe manner. And in fact, lane splitting is so common that the California Department of Motor Vehicles (DMV) previously released lane splitting guidelines to promote traffic safety. After a petitioner complained that a state agency is not allowed to set policy, the DMV was forced to take down the guidelines. However, lane splitting may soon become legal within California.

The passage of AB 51

AB 51 is the bill that would legalize lane splitting in California. The bill was sponsored by Assembly member Bill Quirk (D-Hayward). It easily passed the assembly with a 69-0 vote. Ahead of the vote, Assembly member Quirk praised the bill for its potential to relieve the notorious traffic congestion that plagues the Southern California area. He also lauded the bill for its potential to improve traffic safety.

Originally, AB 51 would allow lane splitting only if motorcyclists were traveling no more than 15 mph faster than the speed of traffic and no faster than 50 mph. After motorcyclist advocacy groups objected to the language of the bill, this stipulation was removed. The specifics of lane splitting guidelines will be left to the California Highway Patrol (CHP) to determine.

“It will give the CHP the authority it needs to educate the drivers and riders of California on the safe guidelines,” said Nicholas Harris in an interview with the Los Angeles Times. Harris is a Western States Representative of the American Motorcyclist Association.

A look at the lane splitting issue

AB 51 still has its detractors, despite its unanimous passage. Critics of lane splitting argue that the practice can increase the risk of catastrophic motorcycle accidents. Of particular concern is the risk of a motorcyclist being struck by a vehicle that is in the process of changing lanes.

However, when lane splitting is done in a safe manner, proponents say it will actually decrease traffic accidents. Motorcyclists are already at a higher risk of injuries in heavy traffic than are motorists, and lane splitting would allow them to limit this risk.

Salamati Law Firm: Your legal advocates

Injured motorcyclists have long turned to the Salamati Law Firm for effective legal advocacy and sound advice. Our personal injury lawyers have established a reputation as being aggressive trial litigators with a track record of multi-million dollar jury awards and settlements.

If you or a loved one has been injured in a vehicular crash, contact our law firm in Los Angeles today at 888-259-4060 to request a complimentary, no-obligation case review.

Resources:

  1. Los Angeles Times, California takes first step to establishing lane-splitting guidelines for motorcyclists, http://www.latimes.com/politics/essential/la-pol-sac-essential-politics-updates-california-to-establish-lane-splitting-1470328822-htmlstory.html
  2. California Motorcyclist Safety Program, Lane Splitting General Guidelines, http://www.ridetowork.org/files/docs/lanesplitting_guidelines.pdf
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AAA Releases Road Debris Accident Study

August 23, 2016 Auto Accidents

More than 200,000 car accidents – including 39,000 injuries and 500 deaths — were attributed to road debris from 2011

Policeman at road accident scene

More than 200,000 car accidents – including 39,000 injuries and 500 deaths — were attributed to road debris from 2011 to 2014, according to a new report by the AAA Foundation for Traffic Safety. Causes included improper road maintenance, unsecured truck loads, faulty tires, and poorly secured or maintained tow trailers. Researchers said ALL of these crashes were preventable.

“Drivers can easily save lives and prevent injuries by securing their loads and taking other simple precautions to prevent items from falling off the vehicle,” said Jurek Grabowski, research director for the AAA Foundation for Traffic Safety, in a press release. He also urged drivers to keep their vehicles properly maintained to avoid tire blowouts or rusty mufflers from dropping off. Motorists should avoid tailgating, search the road 12-15 seconds ahead for debris, maintain open space on at least one side to steer around objects, and slow down when objects are unavoidable.

How is liability proved in road debris accidents?

Rear-end collisions and accidents occurring during left-hand turns often have very clear liability. If you slam into the back end of a car or hit someone as you are making a turn, you almost always bear at least some of the liability for what happened. It is common knowledge that drivers must leave sufficient space for safely stopping and always be prepared to stop for any reason. It is also common knowledge to yield right of way to vehicles traveling straight through the intersection. Exceptions can be made in rare circumstances, but the hard facts and evidence assembled become crucial to any case, no matter how cut-and-dry it may seem.

How is fault established in road debris accidents?

To prove fault in a road debris accident, attorneys may:

  • Establish that the defendant broke a traffic law. It is illegal in every state to have an item fall off or from your vehicle while it is driving. At least 16 states have made the crime punishable by jail time.
  • Use police reports to validate the facts and provide objective analysis. Police reports will include any citations for drugs or alcohol, as well as traffic law violations.
  • Assemble the evidence into a compelling argument. Pictures from the accident scene establish who hit who when testimonials conflict. Towing records and repair technician notes substantiate property damage claims. Eye-witnesses not immediately involved in what happened sway judge and jury with impartial recollections.

What persons or entities may be responsible for road debris?

Negligence in road debris lawsuits can extend well beyond the driver. In some cases, defendants include:

  • Employers like trucking companies
  • Subcontractors like cargo loaders
  • Construction contractors
  • Auto parts manufacturers, inspectors, or repair technicians
  • Municipalities and governments

How Salamati Law Firm can help

Motor vehicle accidents are one of the specialties at the Salamati Law Firm in Los Angeles, California. We’ve represented some of the toughest litigation possible, winning multi-million dollar settlements and verdicts for our clients since 2005. Access to experts and resources is one of the primary benefits in working with an experienced Los Angeles car accident attorney.

Medical specialists, accident reconstruction experts, and industry experts who are willing to testify on your behalf carry a good deal of weight in court. We make sure all your paperwork is in order and that every piece of recoverable evidence is used to substantiate your injury claim. Call 888-259-4060 for a free no-obligation consultation.
Resources:

  1. AAA – American Drivers Aren’t Securing Their Loads http://newsroom.aaa.com/2016/08/american-drivers-arent-securing-loads-road/
  2. AAA – Road Debris Report http://newsroom.aaa.com/wp-content/uploads/2016/08/RoadDebris_REPORT_2015.pdf
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Night Restrictions Aim to Lower Crash Rates Among Teen Drivers

August 11, 2016 News

A growing body of evidence suggests that young, inexperienced drivers have a much greater risk of being involved in fatal

A growing body of evidence suggests that young, inexperienced drivers have a much greater risk of being involved in fatal accidents at night. Though crash risk is higher at night for all motorists, newly licensed teens make up a disproportionate percentage of nighttime accident fatalities. According to a recent report by the Centers for Disease Control and Prevention, 31 percent of motorists aged 16 or 17 involved in deadly traffic accidents during 2009–2014 crashed between the hours of 9:00 p.m. and 5:59 a.m.

Young beautiful black teenage driver holding car keys driving her new car

In an effort to curb crash risks for recently-licensed teenage drivers, states have imposed night driving restrictions (NDR), which go into effect once teens receive their provisional license. These restrictions stipulate the nighttime hours that a teen cannot drive without an adult supervisor, allowing them to gain driving experience in lower risk conditions. Two separate national evaluations demonstrated that NDRs helped to reduce accidents among newly licensed adolescents, with higher success rates associated with restrictions starting at 10:00 p.m. or earlier.

The Salamati Law Firm supports any program or legislation that reduces driver fatalities and injuries. In California and across the nation, teenage drivers are involved in a significant number of distracted driving accidents, many of which occur during nighttime hours when visibility is already compromised. If you or a loved one has had the unfortunate experience of being seriously injured in a crash, we encourage you to reach out for a free legal evaluation. Our attorneys work hard to ensure victims of negligence and reckless behavior are compensated justly for medical expenses, lost income, property damage, emotional suffering and other losses.

Teens more likely to engage in high risk behaviors

State and national data from the Fatality Analysis Reporting System (FARS) points to a number of high risk behaviors common among newly-licensed teens that contribute to heightened crash rates. Drunk driving, speeding, texting while driving, and carrying other teen passengers are a recipe for disaster when driving at night.

Data also shows that states which impose night driving restrictions at 10 p.m. or earlier have lower fatal crash rates compared to those that start at 12:00 am or later. At present, 23 states and the District of Columbia have NDRs that begin at 12:00 a.m. or later. “Because approximately one third of fatal crash involvements by drivers aged 16 or 17 years occur at night, broader implementation of targeted strategies to reduce the risk for these night crashes seems warranted… States could consider updating their NDR coverage to include earlier nighttime hours,” states the CDC report.

According to the national Insurance Institute for Highway Safety, car accidents are the leading cause of death among American teenagers, accounting for almost a third of all deaths of 16-19 year-olds.

Some of the characteristics common to fatal car accidents in this age group include:

  • Speeding
  • Driver error
  • Low rate of seat belt use
  • Alcohol use
  • Night driving
  • Carrying other teen passengers

Effective legal representation in Los Angeles

Graduating licensing provisions and nighttime driving restrictions have proven effective in curbing accident risks among teenage drivers, but their share of overall crash fatalities remains extremely high. Under California law, teens under the age of 18 are subject to provisional restrictions that limit driving hours for their first 12 months. In addition, teen drivers younger than 18 are not permitted to use electronic devices while driving — including “hands-free” mode. If a provisionally licensed teenager causes a car accident in California, the parents may held legally liable for the resulting injuries and losses.

Protect your rights after an accident — contact Salamati Law to discuss your legal options with a skilled car accident lawyer today. Dial 888-259-4060 to set up a complimentary consultation in our Los Angeles office.

Resources:

  1. CDC, Graduated Driver Licensing Night Driving Restrictions and Drivers Aged 16 or 17 Years Involved in Fatal Night Crashes — United States, 2009–2014 http://www.cdc.gov/mmwr/volumes/65/wr/mm6529a1.htm
  2. SCPR.org, Teen drivers FAQ: What are the rules in California? http://www.scpr.org/news/2014/10/06/47202/teen-driver-faq-what-are-the-rules-for-provisional/
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Is Tesla Liable for Autopilot Crashes?

July 12, 2016 Auto Accidents

On May 7, 2016, 40-year-old Joshua Brown and the car he had christened “Tessy” were traveling on a Florida highway

Indianapolis, US – March 29, 2016: Tesla Motors Store in Indianapolis Selling Electric Cars III

On May 7, 2016, 40-year-old Joshua Brown and the car he had christened “Tessy” were traveling on a Florida highway when a big rig made a left-hand turn in front of the car. Tessy “went so fast through my trailer I didn’t see him,” said the truck driver afterward. The car and Brown came to rest about a quarter of a mile down the road when they struck a telephone pole. Media reports later indicated that Brown, a former Navy SEAL and technology consultant, believed in the ability of the autopilot so much that he had brought a portable DVD player into the car with him and was watching a “Harry Potter” movie at the time of the crash.

Brown’s family is grieving their loss, yet is expected to explore the possibility of filing a personal injury lawsuit against Tesla when the federal inquiry is completed. Through a family spokesperson, the surviving relatives have said that they hope the accident “will trigger further innovation which enhances the safety of everyone on the roadways.”

Should hands-off drivers be held liable?

The key question at the heart of this accident is whether Tesla or the drivers should be held liable for accidents that occur when cars are being “driven” on autopilot. Tesla has vigorously denied liability, stating that the automated technology for braking, lane changing, and steering doesn’t shift liability from the driver to the car company. Other experts have weighed in on the case, suggesting that Tesla might be held liable if it can be determined that the company failed to conduct adequate testing on the system. Reportedly, Brown lost his life because the autopilot system failed to detect the white rig against the bright sky.

Yet, Elon Musk, the founder of Tesla, has insisted that “The onus is on the pilot to make sure the autopilot is doing the right thing,” and that the autopilot mode is a voluntary feature.

Rosemary Shahan, president of the Consumers for Auto Reliability and Safety lobbying group, vehemently disagrees. She states, “On the one hand, they’re saying trust us, we can drive better than you would, but on the other hand, they are saying if something goes wrong, don’t ask us to stand behind our product. But if it’s controlled by an algorithm, why should you be liable?”

Exercising your legal rights after a crash

Whether an auto accident in Los Angeles was caused by a Tesla malfunction or otherwise, it’s imperative to seek counsel from an experienced Los Angeles auto accident lawyer as soon as possible. Deadlines do apply to filing a claim; if you fail to take action within this period of time, you can forfeit your right to file a personal injury lawsuit.

The Salamati Law Firm has provided effective and compassionate legal advocacy services to Los Angeles residents for 20 years. We’ve recovered million dollar-plus settlements and verdicts for our clients and we work on a contingency basis, which means we never charge a legal fee unless we secure compensation for you. Call our office today at 888-259-4060 for more information. Our Los Angeles personal injury lawyers would like to extend an invitation to car and truck accident survivors to schedule a free, no-obligation case review.

Resources:

  1. Los Angeles Times, Tesla’s ‘autopilot mode’ puts it at risk for liability in crashes, http://www.latimes.com/business/technology/la-fi-tn-tesla-liabilty-20160705-snap-story.html
  2. Slate, The Tesla Autopilot Crash Victim Was Apparently Watching a Movie When He Died, http://www.slate.com/blogs/moneybox/2016/07/01/tesla_autopilot_crash_victim_joshua_brown_was_watching_a_movie_when_he_died.html
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