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Archive for the ‘Auto Accident’ Category

NASCAR Drivers Demonstrate The Dangers Of Texting While Driving

Monday, June 13th, 2011

NASCAR drivers Greg Biffle and Carl Edwards attempt to drive a cone course while texting to demonstrate the dangers of texting and driving at the same time!

Please don’t text and drive. If you have questions regarding a texting while driving accident case, please contact Harris Personal Injury Lawyers for more information 760-231-9970.

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Sharing the Road with Big Rigs

Friday, March 18th, 2011

There are few thoughts more frightening than a driver nodding off behind the wheel of a 100,000-pound vehicle going 70 mph down a busy freeway. Unfortunately, that terrifying scenario plays out in more than 30 percent of the 500,000 truck accidents that occur annually across the U.S.

In studies conducted by the National Highway Transportation Safety Administration (NHTSA) in 1994, 30-40 percent of heavy truck accidents involved driver fatigue and sleep deprivation.

semi truck accidents

30-40 percent of heavy truck accidents involved driver fatigue.

California is one of the highest-ranking states when it comes to fatal truck accidents, with 332 in 2003. Since most of a truck driver’s earnings are based on timely delivery of their loads, it is easy to understand how fatigue can happen. The more a truck driver can deliver in a shorter amount of time, the more money they make. Naturally, many drivers are motivated to operate their tractor trailers for long hours, and often take dangerous measures, such as consuming drugs and other stimulants, to help them stay awake.  However, even though a driver may feel wide-awake with the help of self-medication, the natural effects of fatigue still linger. Vision, reaction times, and judgment are all affected by lack of sleep, regardless of how “awake” a driver may be.

The Federal Motor Carrier Safety Administration (FMCSA) mandates that a truck driver drive no more than 11 hours in any 14-hour period, which must then be followed by at least ten hours of rest. Daily drivers must drive no more than 70 hours in an eight-day period. All drivers must maintain a logbook documenting all work and rest periods, and some trucking companies use electronic on-board recorders (EOBR) to record when the vehicle is in motion or stopped. The FMCSA is considering making the EOBR units mandatory in all commercial trucks.

Although the information above focuses on truck driver fatigue, it is only fair to point out that over half of all tractor trailer accidents are actually caused by the other vehicles involved. Drivers of passenger vehicles often “cut off” or lose control of their vehicles around trucks.  Because of their size, it is easy to misjudge how fast an 18-wheeler is actually going. Many people assume their smaller car is going to be able to whip around a “slow moving” truck, only to find that the truck is moving a lot faster than they thought.

Many accidents involving big trucks do not actually “involve” the truck at all. Rather, vehicles often collide with another while one of the smaller vehicles is trying to pass a big rig truck on a two-lane highway.  The speed of the truck is underestimated. This underestimation makes it nearly impossible for the passing vehicle to get back in the proper lane in time. Many drivers ignore the signs on the back of large trucks that state “makes wide turns,” and try to pass a truck on the inside, only to end up underneath the trailer.

It is important to not only be aware of the tractor trailers on the road, but to remember that they are often traveling just as fast, or faster than we are, and it can take the length of a football field for them to come to a complete stop. When approaching a truck or attempting to pass, always give it a “wide berth” by not getting too close, and give plenty of clearance before re-entering the same travel lane. If a truck is passing you, slow down a bit and give the driver the universal courtesy of blinking your headlights to let him know when he has the clearance to enter your lane again. You may see him reply “thank you” by flashing his taillights off and on. Remember, courtesy goes a long way in preventing collisions.

Also, be aware of whether a truck appears to be swerving or losing control. Although the cases of driver-fatigue-related truck accidents are declining (FMCSA, 2010), it still occurs far too often. If you have been involved in an accident with a big rig truck or any other vehicle, please contact our office at Harris Personal Injury Lawyers immediately to discuss your case.

Sources:  Motor Carrier Safety Progress Report – Federal Motor Carrier Safety Administration, Trucking Statistics -Truckinfo.net

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The Decline of Fatal Accidents from 2005 to 2009

Friday, March 11th, 2011

 
Since 1899, the federal government has been keeping records and statistics on
motor vehicle accidents and fatalities. A spike in traffic fatalities in the 1960s led to the creation of the National Highway Traffic Safety Administration (NHTSA) in 1970. Numerous occupant and vehicle safety standards have been enacted since, and as a result, there has been a general decline in traffic deaths since 1972. The decline has not been without peaks and valleys, but the trend continues downward. In 2008, fatalities among young drivers (16-24) dropped to its lowest point since 1982.

The Fatality Analysis Reporting System (FARS), which began operating in 1975, identifies the biggest factor for fatal car crashes from 2005 to 2009 to be the failure to stay in the proper lane. However, there are many factors that could cause a failure to stay in the proper lane. The other top five causes usually involve alcohol and/or drugs, distraction (eating, texting, talking, etc.), and speeding. Advancing technology has brought with it the emergence of new distractions such as texting while driving and DVD screens built into dashboards and sun visors.

Although it is generally considered to be a leading cause in automobile accidents today, accurate numbers regarding texting-while-driving are hard to find. A study by the Virginia Tech Transportation Institute shows that the average driver frequently takes their eyes off the road for up to five seconds while texting – long enough to travel the length of a football field. Reaction times and stopping distances have also been proven to double when a driver is texting while driving. That is significantly more impaired than even a driver who legally drunk. Many times, drivers who are texting are too distracted to hit the brakes at all.

Another factor considered in traffic accidents is the time and day they occur. Statistically, the most dangerous time to be out driving is from midnight to 3 a.m., as well as Saturday and Sunday mornings. With drinking and partying more common on Friday and Saturday nights, staying off the roads at these times could be considered common sense. It is frightening to think that many of these drunk drivers are also texting while driving. If driving must be done at those times, a safe practice is to take the less traveled roads if possible. This is because distance can be maintained from other vehicles and problem drivers are more easily identified.

The percentage of auto accident fatalities related to a blood alcohol concentration (BAC) over .01 remained consistent over the same period of time, toggling between 37 and 38 percent, although the numbers themselves declined from nearly 16,000 to just over 12,700, reflecting the declining number of fatal crashes overall.

Another way to look at traffic -fatality numbers is by deaths-per-distance -traveled. The number of fatalities for every 100 million-vehicle miles traveled (VMT) has declined steadily from 1.46 to 1.13. Those numbers appear small considering how large the VMT number is. However, looking at fatalities per 100,000 puts it in better perspective: 14.71 in 2005, down to 11.01 in 2009 – that is one death per every 9,083 people on the road.

Legislation such as minimum-drinking-age laws and testing standards has helped, but a large factor contributing to this downward trend in traffic fatalities is the advances that vehicle manufacturers have made in safety and technology. Anti-lock brakes, electronic stability control, airbags, and improved restraint systems (especially for children) have saved many lives. Many of the safety improvements in passenger cars were adapted from the changes NASCAR mandated in the first couple of years following the on-track death of iconic racecar driver Dale Earnhardt in the Daytona 500 of February, 2001. Improved motorcycle helmets and riding gear have increased survival chances for motorcyclists as well.

The addition of bicycle lanes on streets across the country has improved the statistics of fatalities among bicycle riders. That number has declined from 757 fatalities in 2005 to 600 in 2009. The most frightening statistic for bicyclists is that there is less than a 10% chance of survival when struck from the front by a motor vehicle. There is more than a 90% survival rate when a cyclist is hit from any other direction. The lesson here is to always ride with traffic as opposed to traveling against it.

The overall drop in traffic fatalities in the U.S. from 2008 to 2009 is -10%. Connecticut showed the largest percentage at -26%, with Nevada in a close second at -25%. The numbers involved were also close – 302 down to 223 and 324 down to 243 respectably. In contrast, North Dakota and Rhode Island showed the worst changes in percentage, up 35% and 28%, although the numbers involved (223 up from 169 combined), were less than Connecticut or Nevada alone.

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Nightclub Cab Accident San Diego

Monday, February 14th, 2011

Harris Personal Injury Lawyers would like to wish our deepest condolences to all those involved in the Stingaree Cab accident in the Gaslamp District of downtown San Diego.

Early Saturday morning, a cab driver jumped the curb in front of the Stingaree nightclub, plowing into a crowd of people leaving the club around 2am.  Police have not been able to determine the cause of the accident, as the cab driver was not speeding and it did not appear that he had lost control of the vehicle. At least 25 people were seriously injured, seven of which are in critical condition. Many described the scene as terrifying and gruesome.

Harris Personal Injury Lawyers is experienced with handling law suits that involve auto accident injuries. We have successfully tried numerous personal injury cases to verdict. If you or a loved one have been injured in an accident and need legal representation, please do not hesitate to contact Harris Personal Injury Lawyers to get more information on how we can help.

Source: Cab Jumps Curb, Crushes Nightclub Crowd | NBC San Diego

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Trial Victory for Harris Personal Injury Lawyers

Tuesday, February 1st, 2011

Harris Personal Injury Lawyers is proud to announce another trial victory. Client retained Harris Personal Injury Lawyers in the Spring of 2008. He had been backed into by a vehicle while he was standing in a private parking lot, sustaining a neck injury. The insurance company for the defendant took a strong position that they would not pay for the client’s medical expenses. The insurance company disputed liability, denied the client was struck by the defendant’s vehicle, and argued that even if he had been, he could not have been injured. The insurance company only offered $7,500 to settle the client’s bodily injury claim, despite the fact that he had suffered a significant neck injury.

Attorney Ryan Harris tried the case with the assistance of Harris Personal Injury Lawyer’s Philip Alexander, Esq. Prior to trial, the insurance company withdrew its $7,500 offer to the client and made no further offers to settle the case. In fact, the insurance company’s defense lawyer from Orange County guaranteed a defense verdict and told Mr. Harris that he was going to “bring his reputation to San Diego County.” The defense attorney hired an accident reconstruction and bio mechanical expert. He also hired an orthopedic expert. Both experts came to court and testified that the accident was very minor, and therefore, the client could not have been injured in the collision. At trial, attorney Ryan Harris cross examined the insurance company’s experts and demonstrated the sloppiness of their work, the flaws in their analysis, and their lack of qualifications to render such opinions. (The defense orthopedic expert was an extremities specialist and not a spine specialist). Mr. Harris also exposed the defense expert’s clear bias, having been hired and paid for by the defense attorney, not only on this case, but many times before. Harris Personal Injury Lawyers subpoenaed the client’s treating physicians to trial and they testified on the client’s behalf and to the significance of his injuries. The jury found the treating physicians to be very credible.

At the close of evidence, and after deliberating for a day, the jury returned a $71,373 verdict in the client’s favor. Post verdict, the insurance company agreed to promptly pay $70,000 to satisfy the judgment and settle the case.

We have successfully tried numerous personal injury cases to verdict, both small and large. If you or a loved one have been involved in a serious personal injury case please do not hesitate to contact Harris Personal Injury Lawyers to get more information on how we can help.

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Driving While Texting

Sunday, January 30th, 2011

Texting while driving has become one of the leading causes of vehicle accidents. Yet millions of drivers continue to text and drive every day. Distractions on the road happen all too often. For example, in 2009, a 30 year-old schoolteacher in Endwell, New York was killed by one of her own students – a teenager who was texting while driving.

Texting While Driving Kills

Laws have been passed in California making texting while driving illegal, because it is so common and has caused many avoidable collisions. The 2008 Chatsworth train collision in Los Angeles, California was blamed on the operator of one of the trains missing a signal due to sending a text message. That tragedy killed 25 people, including the distracted Metrolink engineer.

In June 2009, Car and Driver magazine conducted a study and found reaction times and stopping distances increased 36 feet for drivers who are a reading text message, and nearly doubled to 70 feet for drivers who are typing and sending a text. By way of comparison, stopping distances for intoxicated drivers only increase by four feet when compared to unimpaired drivers.

In addition, a study by the Virginia Tech Transportation Institute showed that drivers took their eyes off the road for an average of four to five seconds while sending a text. This is long enough for a distracted driver to travel the length of a football field, placing surrounding vehicles, bicyclists, pedestrians, and various other obstacles in harm’s way. Unfortunately, studies in many of the states that have passed laws banning cell phone use demonstrate the number of accidents that continue to rise, despite the restrictions.

If you have been involved in a car accident, bicycle accident, or anything where you believe cell-phone distraction is to blame, we can help. Please contact our offices immediately for a free case consultation.

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Bicycle Accident Injury

Tuesday, January 18th, 2011

Bicycle accidents are often overlooked as potential personal injury cases. It is easy for cyclists to feel as though they have no rights on the road. They are much smaller, slower and less powerful. Some cities are more bicycle-friendly than others. However, in some cities, there are no lanes or shoulders to ride, leaving the cyclists to ride in the street (dangerous) or the sidewalks (usually against the law).

Most laws dictate that cyclists follow the same rules and laws as motor vehicles, and in some cases, they may be given similar rights as pedestrians. However, it can be intimidating to share the same lane with cars and trucks, especially when they are rushing by you at 30 to 50 miles per hour. Your other option is to ride on the sidewalk, and although you may feel safe from the traffic, you may be posing a risk to pedestrians. Riding on the sidewalk may also get you a ticket.

Although it is of little consolation to some riders out there, there are rules and laws for motor vehicle drivers to follow. It is common to see the yellow diamond-shaped signs indicating bicycle traffic, or the signs pleading with drivers to “share the road.” Unfortunately, drivers often force cyclists onto the sidewalk or off the road onto rough terrain a bicycle may not be built for.

Most bicycle-related accidents are not reported to the police unless they involve death or very serious injuries. Most hit-and-run drivers in bicycle-related accidents are never caught. Unless there are other drivers and witnesses involved, there is rarely enough information. Right after a bicycle accident, it is very difficult for them to pay attention to details such as the type of vehicle that it them or its license plate number. Even the vehicle’s color can be hard to recall after such an event.

Naturally, the best protection is road awareness and following the rules, as well as wearing the proper protective gear (helmet, pads, etc). Also very important (and required by law in most places), are lights. A headlight on the handlebars, a red light usually attached to the seat post pointed to the rear (blinking or not), and reflectors in the spokes make the bicycle more visible from all sides at night. You can improve your chances even more by wearing reflective clothing.

As with driving a motor vehicle, developing your skills is also important. Learn to control your bicycle before braving the highways. The ability to keep your balance while making evasive maneuvers can mean the difference between simply catching your breath after a scary moment, an ambulance ride, or worse.

Proper representation is crucial in any type of injury case, especially bicycle accident injuries, where the shadow of blame is often cast towards the cyclist. There are laws that favor cyclists, and knowing your rights is important.

If you have been involved in a bicycle accident with a motor-vehicle of any kind please contact Harris Personal Injury immediately to find out your rights.

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Road Rage can result in Car Accidents and Personal Injury

Monday, November 22nd, 2010

Road rage has always been an issue, not only with California drivers, but with drivers around the country.  Incidents of road rage causing a variety of vehicle accidents are becoming more common as drivers take their aggression to the road.  Road rage often ends in serious personal injury, and in some cases, even death.

The movie “Last Exit” demonstrates the consequences of drivers becoming distraught, hurried, and frazzled behind the wheel of a motor vehicle.  This Hollywood movie features an auto accident brought on by road rage between two women .  One of the women in the film loses her life, and the other is bound to a wheel chair because of a severe injury to her leg.

In 1995, the American Automobile Association (AAA) conducted a survey to measure road rage. The findings showed that 90 percent of drivers claimed to have been either a victim of road rage or had witnessed a road rage incident.

Here are some safety tips when dealing with road rage, courtesy of www.dmv.org:

1.  It is important to understand that you cannot control another driver’s behavior. If you see an aggressive driver on the road, remember to “back off.”  Retaliation never ends well.  If you have been offended by an aggressive driver, the best thing you can do is to avoid confrontation.   By remaining calm, you can prevent risking injury to you or the passengers in your car. Aggressive drivers are usually unaware of their surroundings.  They are not calculating the consequences of their actions, which lead to accidents and injury.

2.  If you have been a victim of, or have witnessed road rage, DMV.org offers this advice: “Talk to a friend or family member about the driving experience… someone you can vent your frustration over the incident to.  Telling the story can reduce your stress.  Some driving clubs or online discussions offer members a chance to vent their frustration as well.”

3.  Another safety tip is to “Know Your Own Driving Style.”  Aggressive drivers often:

~  Tailgate.

~  Use their horn.

~  Flash their headlights.

~  Change lanes quickly and often.

~  Gesture to other drivers.

~  Talk on their cell phone.

Harris Personal Injury Lawyers is experienced with handling law suits that involve auto accident injuries. We have successfully tried numerous personal injury cases to a satisfactory verdict. If you or a loved one have been injured in a car accident caused by road rage and need legal representation, please do not hesitate to contact Harris Personal Injury Lawyers to get more information on how we can help.

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Auto Accident, Drunk Driving, and Safety in San Diego County

Tuesday, November 16th, 2010

Motor vehicles can become dangerous weapons when a driver is inexperienced, reckless, or simply does not respect the laws governing our Southern California roadways. The most blatant example of this is the drunk driver.

National Highway Traffic Safety Statistics show the following facts regarding motorists driving while under the influence of alcohol.

• In 2008 Approximately 12,000 people were killed in traffic accidents related to Drunk Driving.
• 5,432 drivers, ages 21 to 34 were killed in motor vehicle crashes.
• 32% of drivers killed in vehicle crashes on weekends were impaired by alcohol and 15% of drivers killed in vehicle crashes during the week were alcohol impaired.
• 32% of fatal motor vehicle crashes involved a driver or motorcycle rider with a blood alcohol concentration above .08.

In San Diego the penalty paid for a DUI depends on whether it is the1st, 2nd, 3rd or 4th offense. Maybe we are being a little opinionated here, but if someone has a 4th DUI perhaps the 1st, 2nd, and 3rd DUI penalties weren’t harsh enough.

Here is the difference between the 1st DUI and 4th DUI penalty:

First offense  -  Classification: Misdemeanor

A person’s first DUI will land them in jail for a minimum of 48 hours, a minimum fine of $390.00, 6 month suspended driver’s license, mandatory DUI school, possible community service, and 3-5 years of probation. Also the drunk driver’s automobile will be impounded and they will have mandatory SR22 insurance.

Fourth offense -  Classification: Felony

Prison sentence for this one is a Minimum of 16 months and a maximum of 3 Years. The fine is the same as the 1st DUI offense and driver’s License Revocation is 5 yrs. And that is if there were 2 prior DUIs within 5 years.

Of course there are further penalties for individuals who have caused damage and injury to others during a drunken driving accident on our San Diego roads and freeways. For those who have been injured by a drunk driver, having an experienced auto accident and personal injury lawyer will be necessary to ensure those victims and their families see justice and are properly compensated for their losses.

Whether you need advice, want to know your rights, or you or someone you know needs strong legal representation, Harris Personal Injury Lawyers located in San Diego can help. Contact us today for a free consultation.

Also here is some advice from www.DMV.org on what you can do if you witness unsafe or drunk driving:

“If you notice someone driving in an unsafe manner, call 911. Report what you saw. Identify the vehicle color, make, model, and license plate number whenever possible.”

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Fiery Crash Leaves 3 Dead, 15 Injured

Thursday, August 12th, 2010

Police are currently investigating a collision involving a van and an SUV that collided Monday evening, leaving 3 dead and 15 others injured.

Four graduates of Cathedral Catholic High School were driving in a Ford Explorer SUV when the driver lost control of the vehicle and swerved into oncoming traffic. The Explorer collided with a van carrying a cross-country team headed to high-altitude training camp, and burst into flames. Two passengers from the SUV were killed. Police have recently identified the 2 Cathedral Catholic graduates as Amanda Post and Natalie Nield, both former cross-country atheletes. The crash also claimed the life of the driver of the van, identified as Cal Baptist’s Cheerleading Coach, Wendy Rice.

Inyo County Sheriff’s Deputy Shane Scott witnessed the crash while driving and went back to assist the victims. Scott pulled one passenger from the burning SUV and heard another passenger screaming for help inside, but was unable to rescue her.

15 other passengers have been treated for serious burns and injuries, including one passenger who was airlifted to a hospital in Reno, Nevada to be treated for severe head trauma.

Harris Personal Injury Lawyers would like to extend our sincerest condelences and prayers to the family and friends of the deceased. We also wish for a speedy recovery of those injured in the crash.

Ryan Harris is a San Diego Personal Injury Lawyer and the managing attorney of Harris Personal Injury Lawyers; a San Diego law firm dedicated to protecting the rights of injured persons and their families. If you or a family member have sustained injuries or have been killed in a San Diego County auto accident please visit our website at www.harrispersonalinjury.com or call 1-877-231-9970 for a free consultation.

www.nctimes.com

www.signonsandiego.com

www.latimes.com

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