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Elderly Driver Accidents: A Threat to Older Drivers and Passengers

Los Angeles Lawyer — Tue, 26 Apr 2011 02:46:51 +0000

Elderly drivers may not be as reckless as teen drivers nor are they more likely to drink and drive than other age groups but they still have a high risk of getting killed in a car accident. In 2009, as many as 3,981 people aged 70 years and older died in motor vehicle crashes. So what are the factors involved in elderly car crashes?

Several studies show that older and elderly drivers are extremely vulnerable to motor vehicle accidents because of their age. Their declining reflexes, flexibility, visual acuity, and motor skills make it either difficult for them to see the road hazards or even if they do see another vehicle, they may misjudge the distance or fail to react in a timely manner to it. What’s more, when they do get involved in a crash, they are more likely to get severely hurt, or even killed because of their physical fragility.

While age-related impairments of elderly drivers as well as their health condition can pose a threat to the safety other motorists on the road, it should be noted that older drivers mostly are a danger to themselves and their passengers. According to the Insurance Institute for Highway Safety (IIHS), drivers 75 and older kill fewer pedestrians, bicyclists, motorcyclists, and occupants in other vehicles but that 74 percent of elderly vehicle crashes killed the driver himself or his older passenger.

In San Diego, a fatal car accident killed a 92-year old woman after her husband, who is also 92, lost control over their car. It was reported that the elderly driver lost control over their 1998 Honda Accord at the corner of Broadmoor Drive and Broadmoor Place which caused it to swerve over the front yard of a home.

The elderly woman was ejected and got run over by the vehicle. She died at the scene of the accident. Her husband was not injured.

In California, there is no law requiring elderly drivers to take fitness tests unless of course, they have previously been involved in two or more crashes in one year. If you have a loved one who is elderly but is still driving, look out for the warning signs in order to avoid potential legal liability on the part of an elderly driver.

However, if you have any questions about car accidents involving the elderly and whether or not you can recover damages in such cases, visit the Mesriani Law Group’s website http://www.mesrianilaw.com or call them at their toll free number at 1-866-325-4529 or email them at info@mesriani.com for a free case analysis.

Buying A Safe and Budget Friendly Car

Los Angeles Lawyer — Tue, 01 Mar 2011 22:43:13 +0000

Buying a car is a serious decision that needs to be carefully planned so that you can maximize your budget for the best car possible. One way of ensuring that you pick a high-quality, safe, but budget friendly is by checking out recommended lists or reviews from qualified sources.

The Consumer Reports is a reliable source of information especially since they annually come up with a list of top motor vehicles. In fact, it recently released its top car picks for 2011 and this is a rundown of it:

• Ford Mustang, a popular brand among many consumers made its debut on the list and nabbed the plum for the Top Picks for Sporty Car category.
• Strangely enough, Toyota, whose fall from the pedestal in 2010, had several entries in the list. It’s Sienna is the Top Pick for Family Hauler while Toyota’s RAV4 got listed as the Top Pick in the Small SUV category.
• In the Green Car category, the Toyota Prius (which have been subjected to unintended acceleration complaints) was Consumer Reports’ Top Pick.

Other organizations such as the Insurance Institute for Highway Safety (IIHS) conduct ratings for a car’s crashworthiness.

It is important to pick a car that doesn’t just meet your budget but also meet you and your family’s safety needs on the road.

While car accidents mostly happen because of driver error, there are some instances where it can happen because of car defects. There are 3 kinds of product defects contemplated under the Product Liability Law and 2 of which are commonly associated with car defects and these are:

• Manufacturing defect – Usually, these are unplanned defects because the flaw in the product occurred during the manufacturing process. This may involve the use of poor quality materials.
• Design Defect – The defect is considered as planned because the error is in the product design itself which may either be inherently dangerous or useless.

If you or a loved one is involved in a car accident because of a defective vehicle, you may visit http://www.mesrianilaw.com or call the Mesriani Law Group at their toll free number at 1-866-325-4529 or email them at info@mesriani.com for free case analysis.

5 College Students Injured in Drowsy Driving Car Crash

Los Angeles Lawyer — Tue, 14 Dec 2010 17:45:41 +0000

What happens when you put a drowsy driver in a car full of college students?

In Vallejo, 5 college students were injured in an early morning car crash when their driver ran off an off-ramp and rolled over several times.

According to the California Highway Patrol, the driver, Bruce Paki, 22, fell asleep as they exited onto the off-ramp at around 4:10 AM. The 2009 Toyota Corolla then hit a dirt embankment, causing it to overturn.

Two female passengers, who were unbelted, got thrown out of the vehicle. Two 22-year-old women were ejected through the rear window, Tselal Seeye, of Ethiopia, and graduate Michelle Kim, of San Bernardino County suffered suffered moderate to major injuries. The right rear tire of the vehicle pinned Seeye. They were taken to the John Muir Medical Center.

The authorities are investigating if speed and alcohol were also factors in the crash, aside from drowsy driving.

If driving with peers isn’t dangerously distracting enough, operating a motor vehicle while fatigued or drowsy can impair critical elements for safe driving practices such as slow down driver’s reaction times and cause vision impairment, lapses in judgment and delays in processing information.

According to the National Highway Traffic Safety Administration (NHTSA), around 100,000 police-reported crashes are the direct result of driver fatigue each year. Annually, drowsy driving has accounted for 1,550 deaths, 71,000 injuries, and $12.5 billion in monetary losses.

A drowsy driver can be sued for damages – in fact, there have been many cases where a driver who fell asleep at the wheel got jailed and had to pay victims damages for the injuries they sustained in a drowsy driving accident.

So if you’re going for a road trip with friends or have to drive despite being tired, better think twice. The National Sleep Foundation claims that it’s possible for drivers to fall into a 3-4 second microsleep without realizing it especially if they’re sleep-deprived or exhausted. Take a break, a nap, or have another drive for you – these simple decisions will go a long way in ensuring road safety and avoiding legal liability in a car accident.

Reminders for the Child Safety Week on Sept.19–25

Los Angeles Lawyer — Wed, 15 Sep 2010 03:23:15 +0000

Even though some of us think that travelling in a motor vehicle is safe for children, the truth is, car crashes is the leading cause of unintended death for many children aged 3 to 14 years old. Further, federal statistics show an increasing number of children who die from heat-stroke in parked cars.

According to the National Highway Traffic Safety Administration, at least 4 children (aged 14 years and under) are killed in car accidents every day. The Centers for Disease Control and Prevention also reported that on the average, nearly 504 children suffer motor vehicle accident injuries each day.

With the oncoming celebration of the Child Safety Week on September 19 to 25, it is important to emphasize child safety in motor vehicles, such as proper use of child safety restraints like booster seats or even simple reminders on how dangerous it is to leave a child unattended inside the car.

Here are some tips to keep kids safe in your car and how you can prevent child injuries and death in motor vehicle accidents:

• Educate your kids. Toddlers and young children tend to be inquisitive and some get overly excited when they see a car pull over in the drive way which may lead to back over accidents. It is important to teach them to keep away from vehicles and not play around cars. Likewise, teaching your child how to properly cross the street such as waiting for traffic lights and walking in crosswalks can help prevent collisions and accidents.

• Know how to properly install child safety seats. Using age and size appropriate car seats and booster seats reduces the risk of serious and fatal injuries by more than half. However, even if you strap a toddler in or have the appropriate child safety seats, it may not be enough especially since according to the NHTSA, a majority of these safety restraints are not correctly installed, as much as 75 percent. Visit the NHTSA website to learn about the proper installation of these child safety seats.

• Parents should know what kind of safety restraints should be used on their child. As children grow older, there are different child safety seats and measures that should be applied. The NHTSA recommends booster seats for children until they are at least 8 years old or 4’9 tall. Further, all children under the age of 13 should ride in the back seat.

• Lastly, never leave your child especially babies unattended in a closed vehicle, even if you think you’ll only be gone for a minute. Children’s bodies overheat easily and infants and children under the age of 4 are the most at risk for heat-related illnesses which can lead directly to heat stroke and death.

As parents or even as guardians of children, it is important to prioritize their safety and well-being. Hopefully, the celebration of the Child Safety Week this Sept. 19 – 25 will serve as a timely reminder to everyone on motor vehicle accident deaths for children can be easily avoided by following the above-mentioned tips.

Riding in the Car with Dogs: Dealing with the Distraction

Los Angeles Lawyer — Wed, 01 Sep 2010 06:43:41 +0000

In America, many people have pets, especially dogs. The Human Society of the United States reported that, in the US alone, there are approximately 77.5 million pet dogs based on the 2009-2010 National Pet Owners Survey.

Given how much owners love their pooches, it’s no surprise that people would want to take their pets around and even put them in cars. In fact, a recent study from the AAA Foundation for Traffic Safety revealed that more than 80 percent of all dog owners take their pets with them in the car.

While it’s good to spend time with your pet, it may not always be safe.

The AAA found in the study that unrestrained dogs in cars are a dangerous distraction just like talking or texting on the cell phone. What’s even more alarming is the fact that most of these drivers who take their pets with them do not safely restrain them.

Further, more than two thirds revealed that they pet or even play with their dogs while driving and as much as 1 out of 5 drivers even let their pet ride on their lap while on the road.

This driver behavior puts at risk not only the life of the pet but also that of the owner or any other passenger in the car. Aside from the obvious danger an unrestrained pet would face if the owner would suddenly slam on the brakes while going at a high rate of speed, the distraction can prove to be fatal.

A prominent plastic surgeon was recently in the headlines for having died in a solo vehicle crash in Malibu. Aside from allegedly posting a Twitter message right before he died, he also had his dog in the passenger seat when he drove off the road.

As driving is a skill that requires both hand and eye coordination and a driver’s complete attention on the roads, dogs inside cars – especially those which are unrestrained – are both a danger and a distraction to drivers.

If you want to avoid getting into a car accident while driving with your pet and minimize distractions, here are some tips you can follow:

Strap in or use a safety restraint on your pet. There are various types of dog restraints and special seats that can be connected to seatbelts which are available to the market.
Do not put your dog on your lap while driving.
If riding with your pooch is unavoidable, aside from safely restraining him in the seat, avoid playing or petting him.

Hit-and-Run Driver Tries to flee from 2 Traffic Accidents

Los Angeles Lawyer — Wed, 23 Dec 2009 05:38:34 +0000

Running away from a car accident scene never led to anything good. That goes for both the victims and the liable party.

Just this weekend, police have arrested the SUV driver who tried to run not only from one but two traffic accidents.

One of those resulted to the death of an elderly woman.

According to LA County Sheriff’s Department, the SUV first struck a woman riding a motorcycle on Wilmington Avenue.

Instead of stopping, the driver of the SUV tried to make a U-turn and crashed into another car.

The car, which was carrying 71-year-old Teresa Andrade, rolled over after being hit.

Again the SUV driver fled the scene but did not notice that his plate number was left at the scene.

Sheriff’s deputies were able to track down the vehicle to a Compton residence and detained 3 males, 2 of whom are juveniles.

The driver of the SUV was brought by his family to Compton Station at about 8:30.

The driver now not only has to answer for civil liabilities from wrongful death and personal injury suits he sure will receive, he will also have to worry about being prosecuted by the state especially for the death of Andrade.

We are required by law to stop after being involved accident, exchange information and provide reasonable assistance to those who are injured or in need.

Not doing so is punishable by law.

Add to the driver’s offense the death of Andrada and you have a manslaughter case if not murder on your hands.

Nobody wins in hit-and-run car accidents, Andrada lost her life, and the SUV driver may lose some years of his life in jail.

Pedestrians in Danger

Los Angeles Lawyer — Thu, 17 Dec 2009 00:22:26 +0000

In Escondido, a woman was seriously injured when a vehicle hit her while crossing the street. She was not in a designated crosswalk and the vehicle was not able to stop on time.

The female victim sustained head and chest injuries while the driver and his passenger were unhurt. She was immediately brought to a hospital nearby to attend to her injuries. The police will still determine if the driver was under the influence of alcohol or drugs.

When someone had injuries from a car accident, do not move him especially if he sustained massive injuries. The medical response team should be contacted right away to attend to the injuries she got.

The police and the insurance company should be contacted immediately. The contact information (names, numbers and addresses) of the victims and witnesses should be gathered. Pictures of the accident scene should be taken to support the evidences of the accident.

The police will investigate what happened. He will write the gathered information on the police report which will be used in the investigation during a lawsuit trial. The victims may be asked to not talk to other people who are not involved about the case by their lawyers.

Campus Grieves Death of Varsity Player

Los Angeles Lawyer — Thu, 29 Oct 2009 06:50:28 +0000

The whole Santa Fe Christian campus is grieving the loss of 16-year-old football varsity player, William Wardrip, from Enchinitas, to a tragic car accident. Wardrip died when the SUV he was riding as a passenger got involved in a rollover accident in Fairbanks Ranch.

Reports said that the driver of the 1999 Lexus recently got his license and Wardrip was the only occupant not wearing a seatbelt.

The ninth to twelfth grade students were given a choice of staying at home or to join the prayer service in memory of Wardrip.

Grieving parents and students flocked the campus to join in the service.

Although drugs and alcohol were not a factor, the driver of the SUV may be facing liability for the death of Wardrip.

Aside from that, the parents or the owner of the SUV may also be held liable because the driver was also a minor and also a new driver.

Although there may be some comparative negligence on the part of Wardrib for not following the state seatbelt law, it does not remove the liability of the driver for his own negligent acts.

New drivers are not allowed to drive between 11pm and 5am and the accident occurred at 3am.

Another violation is that new drivers are not supposed to have passengers below the age of 20 without a parent or a guardian.

Hopefully, the driver would show remorse for the tragedy and the prosecutors may choose not to file criminal charges against him.

However, that does not stop Wardrib’s parents from pursuing a wrongful death claim.

Hopefully, this becomes a lesson to all teen drivers who overestimate their driving skills.

Reckless driving is not only a danger to the driver but to those around them as well.

Child Safety Passenger Week from September

Los Angeles Lawyer — Tue, 15 Sep 2009 05:47:47 +0000

September 12-18, 2009 marks the observance of Child Passenger Safety Week

According to United States Department of Transportation Secretary Ray LaHood, a new research conducted by the National Highway Traffic Safety Administration (NHTSA) showed that despite the high child safety seat use – majority of these children are still not properly secured.

A staggering figure from the study shows that while 99 percent of children ages 0-12 months old were secured in child safety seats as were 92 percent of children ages 1-3 years old and 89 percent of 4-7 years-old, three out of every four seats are used incorrectly.

Hence, regardless of the use of restraints, these children will still not be properly restrained and protected and would likely get seriously injured in case of a car accident.

In fact, according to the Center for Disease Control and Prevention (CDC), 72% of nearly 3,500 observed car and booster seats were misused in a way that could be expected to increase a child’s risk of injury during a crash.

According to the NHTSA, the errors in the use of child restraints included the wrong way of securing the child in the child seat as well as the errors in attaching the child seat to the car. Examples would include using the wrong child restraint based on age and weight and the incorrect installation of restraint to the vehicle seat.

The CDC pegs that in every day, children aged 14 years old and younger had an average of 4 deaths and 504 injuries in 2005. 1,335 children died and approximately 184,000 were injured.

While parents may be compliant with the use of child safety seats, they must also be correct in the use of it. Following the law would be futile, if they were negligent in securing the safety and protection of their children.

During the Child Passenger Safety Week, there will be thousands of free safety seat inspection stations set up across the country to provide assistance to the majority of parents in the proper installation of child safety seats.

Actress Renee Zellweger Caught In U-Turn Crash

Los Angeles Lawyer — Wed, 02 Sep 2009 03:14:22 +0000

Hollywood star and sweetheart Renee Zellweger’s name was once again in the news but not because of an upcoming movie.

The 40-year old Oscar-winning actress was involved in a minor car accident in Beverly Hills. According to Lt. Tony Lee of the Beverly Hills Police Department, Zellweger was traveling alone in her silver Mercedes G wagon north on Camden Drive when a green Ford Explorer hit her after making an illegal u-turn.

The wrong-way driver was allegedly pulling out of a parking space when they attempted the turn.

Although the damage was minimal and the actress wasn’t hurt, she and the driver of the Ford exchanged information as the damages will be handled by their respective insurance companies. No one was cited for the crash.

Zellweger reportedly “politely” requested for her car be towed from the scene, and also requested that officers call her a cab.

Usually, collisions happen because of driver error. Drivers often misjudge distances or are unaware of their immediate surroundings especially when they back out of their parking.

According to the California Driver’s Handbook of 2009, a u-turn is considered illegal when it is done:

• Where a “No U-Turn” sign is posted.
• On a one-way street.
• On a divided highway by crossing a dividing section, curb, strip of land, or two sets of double yellow lines.
• Where you cannot clearly see 200 feet in each direction because of a curve, hill, rain, fog, or other reason.
• Business districts such as Areas with churches, apartments, multiple dwelling houses, clubs, and public buildings (except schools)

Drivers are advised that when they make a u-turn, to signal and use the far left lane or the center left turn lane.