Motorcycle accidents are among the most serious types of California traffic accidents and often result in serious personal injuries to the motorcyclists involved. It is common for a motorcyclist to sustain catastrophic or even fatal injuries in a crash that leaves a car driver unharmed. Safety initiatives such as Motorcycle Safety Foundation's "Motorcycle Safety Awareness Month" are designed to educate drivers about how to avoid similar accidents.
]]> The man killed in last week's San Luis Obispo County crash was an avid biker and used his motorcycle to commute to work. The motorcyclist was a 24-year employee of the California Department of Corrections and Rehabilitation and on his way to work when the head-on crash occurred.Authorities believe that the motorcyclist may have taken too wide of a turn on the road but the speed of both vehicles is still under investigation. A doctor who lives near the accident scene began providing help to the motorcyclist minutes after the crash but the motorcyclist ultimately died of his personal injuries at Santa Barbara's Cottage Hospital.
Source: Cal Cost News, "Motorcyclist killed in head-on collision," May 9 ,2012; KVEC, "Victim In Motorcycle Accident Worked At Men's Colony," King Harris, May 10, 2012
]]>As part of our campaign to raise awareness we'll be posting motorcycle safety facts and figures throughout the week.
Drivers are reminded to look out for and share the road with motorcycle riders, and motorcycle riders are reminded to obey traffic laws, wear DOT (Department of Transportation)-compliant helmets and other protective gear, and make themselves visible by wearing bright colors and using reflective tape.
No matter how safely you ride, the threat of being hit by a car is always there. For those involved in a motorcycle accident, wearing a helmet maybe the difference between life and death. Here are some interesting trends over the last few years.
Per vehicle mile traveled (VMT) in 2009, motorcyclists were 25 times more likely than passenger vehicle occupants to die in a motor vehicle traffic crash and 5 times more likely to be injured
In 2010, 42 percent of fatally injured motorcycle riders and 51 percent of fatally injured motorcycle passengers were not wearing helmets at the time of the crash.
NHTSA estimates that helmets saved the lives of 1,483 motorcyclists in 2009. If all motorcyclists had worn helmets, an additional 732 lives could have been saved.
The economic cost savings due to helmet use was approximately $2.9 billion in 2008, and an additional $1.3 billion could have been saved if all motorcyclists had worn helmets.
Source: http://www.trafficsafetymarketing.gov/
]]>Lack of driver knowledge is likely the primary reason why motorcyclists are concerned about the habits of car drivers. California is the only state that does not have a law concerning lane-splitting and car many drivers are unaware that lane-splitting is legal.
]]> One survey of 733 California car drivers indicates that only 53 percent of drivers know that lane-splitting is legal in California and 63 percent of respondents said that they disapprove of the practice. Tourists and visitors are likely unaware that California allows lane-splitting and are therefore less likely to be on the lookout for a motorcyclist splitting a lane.Lane-splitting is also common and highly dangerous. An OTS survey of 560 motorcyclists indicated that 77.6 percent of the motorcyclists engaged in lane-splitting and that almost 15 percent of motorcyclists were involved in crashes while lane-splitting. About 45 percent of the lane-splitters reported near-collisions.
Of the motorcyclists who were involved in lane-splitting accidents, almost 10 percent suffered severe personal injuries, 11 percent had minor injuries, and 34.6 percent reported hitting car mirrors.
Source: Consumer Reports, "Motorcyclists name perceived threats, and they are you," May 14, 2012
]]>In August 2007, a California resident suffering from mental health issues had been driving a motor vehicle when police officers attempted to stop the vehicle pursuant to a traffic violation. When the police officers attempted to stop the vehicle, the driver did not stop and sped away from the police officers. The police officers followed the driver, which created a high speed chase on the freeway and ended in the driver losing his life at the end of an officer's weapon.
]]> The high speed chase led the driver to park the vehicle into a garage, which belonged to the driver's mother. The police officers followed the driver to the home and waited outside of the garage. After the vehicle was in the garage, the driver put the vehicle in reverse, backed up and accidentally hit one of the police officers. The police officer had been hit by the vehicle as the officer was attempting to open the driver's side door of the vehicle.After the police officer was hit, two other officers shot the driver under the mistaken belief the driver was attempting to run over the officers with the vehicle. The driver later died after being shot in his head and leg.
The driver of the motor vehicle was a 35-year-old man, who was reported to have mental health issues. It was reported at the time of the accident that the driver had not taken his medication that day. The family of the driver filed a wrongful death lawsuit against the city. The lawsuit was settled for over $162,000.
Source: The San Francisco Chronicle, "San Diego agrees to settle suit in police shooting," May 10, 2012
]]>The NHTSA shared the terrifying statistic that motorcycle riders are 25 times more likely to be killed in an auto-collision then passengers of an average car or larger vehicle. The statistic is especially terrifying simply because it is based on actual accident data. It is not just a guess.
]]> The initiative -- like any other safety program -- hopes to educate both auto-drivers as well as riders themselves. Both parties need to be equally aware of the fact that the rules of the road apply to everyone. As much as motorcycles need to drive as a car would in that they need to drive single file, signal turns and obey the speed limits, car drivers need to take care to understand that the same rules apply when driving with motorcycles. Car drivers need to check all of their blind spots to make sure that a smaller vehicle is not hiding in the shadows and signal turns well before making them. According to the NHTSA, if everyone works together, safety will follow.While that is the ideal, we all know that not everyone acts with the same level of care for those around them. Where would that statistic have come from if no one was negligent? When someone is injured due to the careless actions of another, they have the right to civil recourse that will help compensate them for the damages that they suffered.
Source: Consumer Reports, "Motorcycle Safety Awareness Month reminds drivers, riders to share the road," May 1, 2012
]]>In December, the National Transportation Safety Board asked that not only handheld cellphone use be banded, but that all cellphone use -- even when done with hands-free devices -- is banned completely. While 94 percent of Americans consider texting while driving a "serious threat," the complete ban has created complete controversy.
]]> Some safety advocates say that efforts should not be placed on banning cellphones completely -- something that another 70 percent of Americans who admit talking while driving might disagree with -- but instead on increasing the technology to make cellphone use safer.Others argue that distracted driving data should be more carefully scrutinized before taking such drastic measures. National Highway Traffic Safety Administration data showed that 13 percent of fatal motor vehicle accidents were attributable to cellphone use, but in the proposed guidelines released in February, the NHTSA said that they would be investigating other kinds of technology-related distractions such as GPS systems used or installed in vehicles.
So what is the right path to take? That may not be the purview of the average person, but what people can do is stand up when distracted driving behavior injures themselves or a loved one and hold those responsible, liable for their actions.
Source: USA Today, "Disconnects in the distracted-driving blame game," Jayne O'Donnell, April 30, 2012
]]>The problem of using a cellphone while driving seems to carry an even greater risk as a cause for car accidents because despite the obvious danger, a large percentage of the population continues to knowingly participate in the negligent behavior. In fact, while 94 percent of drivers consider distracted driving a "serious threat," 70 percent said that they used their cellphones in the car and over 33 percent said that they sent a text message while driving.
]]> Since the spark was ignited in 2009, the push to ban texting while driving or all handheld cellphone use entirely has more than caught fire. Since that time, hands-free devices have made their way to the forefront as standard options in vehicles or electronic store sales items. The push against distracted driving has gone as far as a call for even the possible ban on these hands-free options as well. The request was made this past December by the National Transportation Safety Board.The request for an all-out ban on any cellphone use whether hands-free or handheld has in the least created controversy among advocates for reducing distracted driving accidents and drivers in general. Some are behind the effort and others are in stark opposition to a complete ban.
Source: USA Today, "Disconnects in the distracted-driving blame game," Jayne O'Donnell, April 30, 2012
]]>Pedestrians -- and our blog -- have been following a particularly noteworthy fatal accident involving a San Francisco bicyclist and pedestrians walking in the designated crosswalk. As time goes by, more evidence is coming to light which has caused the prosecutor to call the cyclist's actions grossly negligent.
]]> The prosecutor announced this week that he plans to follow felony vehicular manslaughter charges against the cyclist who plowed through several pedestrians walking in a crosswalk, killing a 71-year-old man.In accidents such as these, the actions prior to the crash are as indicative of negligence as the direct cause of the collision. In this instance, the light may have been yellow while the cyclist was in the intersection. However, several eyewitnesses have reported seeing the cyclist run several red lights prior to the crash. Evidence such as this could show a lack of care or reckless disregard for the rules of the road enacted to prevent accidents.
Although civil lawsuits and criminal trials vary in terms of structure and results, similar evidence is used in both. Whether the light was red, whether there was alcohol in the system, the speed of the negligent actor and many other pieces of evidence help a jury make a determination whether it is guilt or negligence. Civil lawsuits actually have a lower burden of proof than a criminal conviction's "guilty beyond a reasonable doubt."
Many victims or surviving family members choose to file a civil suit regardless of any criminal sanctions. It is the civil suit that often helps bring them the closure they need. Civil suits do something else though; they provide compensation that is focused on helping the victim.
Source: San Francisco Gate, "S.F. bicyclist in fatal crash may face felony," Phillip Matier and Andrew Ross, April 25, 2012
]]>On that fatal April 24 evening, the driver of a mass transit bus attempted to turn left. The turn that she made was illegal and out of control. The driver turned the 16-ton bus straight into a stream of pedestrians walking through a crosswalk, unaware that their lives would change forever.
]]> When the bus turned the corner, it struck five of the pedestrians in the crosswalk. The accident took the lives of a 22-year-old pedestrian, a 26-year-old woman and her 2-year-old son. The accident also left another two pedestrians in critical condition. While some may consider them lucky to be alive, their lives were forever changed.The surviving victims and the families of those who were killed banded together this past week and filed a lawsuit against the driver of the public transit bus and the owner of the bus.
There are a lot of people -- like the pedestrians using the designated crosswalk -- who follow the laws that are set in place to keep people safe. However, these laws do not work as they should unless everyone shares the same respect for them. Drivers who negligently choose to disobey them -- whether they are distracted or because they simply do not care -- need to be held liable for their actions.
Source: The Oregonian, "Families will hold second-anniversary remembrance for women killed by driver Sandi Day in Portland's Old Town," Joseph Rose, April 24, 2012
]]>A prominent company in California has created a surgical service to perform Lap Band procedures. A Lap Band surgery is a procedure where a silicone ring is placed around a section of the patient's stomach. The purpose of the procedure is to reduce the amount of food the patient can consume. The results of this surgical service have fallen under scrutiny and the company is currently facing a wrongful death lawsuit.
]]> The California-based company that provides this type of surgical service has surgery centers throughout the state. The wrongful death lawsuit was prompted by the death of a patient who had the Lap Band procedure performed on her at one of the centers, but there were complications.Following the procedure, the patient was rushed to a local hospital and died within three days. The patient died from post-operative respiratory failure, which means the patient suffocated. The cause of death was associated with the patient's anesthesia care. The patient's family has filed a wrongful death lawsuit against the surgical service that provided the Lap Band surgery.
The lawsuit claims there is inadequate oversight and enforcement of the surgery centers, which is unknown to the patients. Many patients believe the surgery centers have the same medical requirements as larger hospital facilities, but that may not be the case.
Source: scpr.org, "Increasingly popular Lap Band surgeries dangerous with surgery center oversights," Stephanie O'Neill, April 19, 2012
]]>The prosthetics store owner has made it his goal to make the false appendages he creates "represent personality as well as physicality." His designs are far from the average prosthetic. He creates prosthetic legs that do more than function; they have style.
]]> Many of his creations include chrome plating, leather coating, laser-etched tattoos and any other creative design his customer wants. "The thought was, if it was beautifully sculpted and crafted, it would change," he said, "the way a person actually perceives their own body and, hopefully, it would then change the way society sees amputees." Attempting to mimic a real appendage can never replace the real thing, which is why he says that the typical prosthetic just does not work for some.Being "unable to replace the real thing" doesn't even begin to put into perspective what an arm or a leg is worth. Simply imagine for just one moment how your life would change if you lost an appendage? The store owner is reaching to the core of the damages suffered by accident victims. It is not just the cost of purchasing a prosthetic; it is the cost of literally losing a part of what makes you, you.
Source: The Sacramento Bee, "Prosthetics get the personal touch," Lee Romney, April 9, 2012
]]>If you live in the San Francisco area, don't get too excited yet. While state numbers are at record lows, the city's streets have shown to be increasingly dangerous to pedestrians and bicyclists. In fact, in the past couple years alone there was a 13 percent increase in the number of collisions that resulted in injuries to walkers and cyclists.
]]> In 2010 a total of 592 bicyclists suffered serious injuries, some fatal in the city while another 832 pedestrians suffered a similar fate. Those numbers increased from the year prior. In fact, in the past five years, the traffic-related injuries to cyclists increased by a whopping 76 percent.Does this mean pedestrians and bicyclists should stay off the roads? It certainly does not, but it does mean that there are a lot of negligent drivers out there. Pedestrians and bicyclists should not have to give up the right to enjoy the city streets or have to risk injury or even death. So when you hear about large personal injury lawsuits filed against negligent drivers, think about what that right is worth to you?
Source: SF Bay, "City Streets are a Dangerous Place," Jesse Garnier, April 12, 2012
]]>A San Francisco collision involving a bicycle on March 29 left a 71-year-old pedestrian with serious injuries that eventually led to his death four days later. Although the cyclist claimed that there was a "sea of people crossing" through the intersection, a video has surfaced that seems to contradict the man's account of the collision.
]]> According to the biker, he had been heading down one of San Francisco's many steep streets on the day of the crash. He said that when he approached the intersection, he had already been "too committed" to crossing through the light before he noticed the people crossing the intersection.The biker claimed that there were so many people crossing from both directions that he "couldn't see a line through the crowd." In an attempt to cause the least amount of damage, he laid his bike down on the street at a point he felt was the "least-populated" by pedestrians. The biker had made the statements shortly after the crash on an Internet site.
The video surfaced this week shows a slightly different version of events. It shows that there may have only been three or four people crossing the intersection at the time of the accident. While the video may seem to contradict the description of the people in the crosswalk, it does not clarify whether the light was yellow or red at the time of the crash -- both factors that could help determine negligence in a wrongful death lawsuit.
Source: San Francisco Chronicle, "Video of fatal S.F. crash may contradict bicyclist," Phillip Matier and Andrew Ross, April 11, 2012
]]>A wrongful death lawsuit has been filed by the son of a woman who was the victim in a serious pedestrian and car accident. Although the accident did not happen in the San Francisco area, the scenario behind the accident could happen at any almost any intersection.
]]> The pedestrian accident occurred when the victim, a 76-year-old woman, was walking in a crosswalk. While she was in the crosswalk, she was hit by a county employee who was driving a county vehicle. The victim died almost two months after the accident. The victim's death was due to complications of the injuries she sustained from the accident. The driver has a history of traffic violations and a police report claims the driver failed to yield and was inattentive at the time of the accident.The driver of the vehicle that struck the victim was not criminally charged for the accident, but has been named as the sole defendant in the related wrongful death lawsuit. The wrongful death lawsuit will address the driver's negligence in relation to the victim's death. If the plaintiff prevails in the lawsuit, he may be eligible to recover economic and non-economic damages related to his mother's death.
Source: wmbfnews.com, "Woman dies after crash, county driver had multiple traffic violations," Evan Lambert, March 29, 2012
]]>