California Highway Patrol Has a Zero-Tolerance Stance on Drivers Who Do Not Use Hands Free Devices

California passed recent laws regarding using wireless communication devices while driving. Effective July 1, 2008, California prohibited all drivers from using a handheld wireless phone while driving a motor vehicle, but permitted drivers ages 18 and over to use a hands-free device (California Vehicle Code Section 23123). A second law that became effective around the same time prohibited drivers under the age of 18 from using a wireless phone or hands-free device while driving (Vehicle Code Section 23124).

Effective January 1, 2009, a new California law makes it an infraction for drivers to write, send, or read text messages on an electronic wireless communications device, such as a cell phone, during the operation of the vehicle. However, in the event of an emergency, drivers are permitted to use a cell phone or wireless telephone to make emergency calls to law enforcement, fire department, or other emergency services department.

Penalties
The first violation of the wireless device or no-texting laws will result in a twenty dollar fine. Subsequent offenses will result in a fine of fifty dollars, plus fees.

California Highway Patrol's Zero-Tolerance Campaign
According to the California Highway Patrol (CHP), five people died and 115 were injured as a result of driving while using handheld phones from July to October 2008. The CHP also states that 261 accidents were connected to drivers holding a cell phone during that same period. As a result, the CHP has announced that it will begin a zero-tolerance enforcement campaign of drivers who continue to text or use their cell phones without a hands-free device.

The CHP is hoping that by enacting such a campaign, people will be more willing to comply with these recent regulations. The CHP also hopes that with greater compliance, the risk and number of motor vehicle accidents and injuries will be reduced.

Causes of Automobile Accidents
One of the main causes of car or motor vehicle accidents is the carelessness or negligence of the driver. The types of negligent conduct that can potentially cause serious automobile injuries and fatalities include:

• Inattentiveness of the driver
• Using cell phones without hands-free devices or texting
• Driving too fast or slowly
• Failure to follow traffic rules, signs, and signals

Another significant cause of auto accident injuries is intoxicated drivers. When drivers are under the influence of alcohol and/or drugs, their ability to drive with the judgment and motor skills of a sober driver are impaired considerably and serious accidents can result.

If you or someone you love has been involved in an automobile accident resulting in serious injuries or death, contact the experienced personal injury attorneys of Fisher & Talwar for assistance.

Will Bankruptcies Wipe Out Personal Injury Lawsuits Against GM and Chrysler?

Two of America's "Big Three" automakers have entered into and emerged from bankruptcy this summer. The Federal government played a strong hand in the proceedings, and both companies emerge indebted to, or in part owned by, the United States. The impact of these reorganizations on pending and future personal injury lawsuits is profound and perhaps not yet fully understood.

Companies emerge from Chapter 11 reorganizations as essentially new companies. Claims pending against the "old" companies at the time of the bankruptcy filing, such as personal injury lawsuits, are dealt with by the bankruptcy court, usually by being discharged, in which case the lawsuit simply goes away.

In our dual state/federal system, Congress has the power to "occupy the field" and preempt state court lawsuits when enacting legislation in certain areas. Bankruptcy is one such area, since the U.S. Constitution gives Congress authority over bankruptcy legislation. The general rule favors bankruptcy preemption of lawsuits, with an exception for suits begun in state court that are not based on federal law or of a core bankruptcy character.

Some types of lawsuits and damages are specifically allowed by statute. For instance, punitive damages are dischargeable in bankruptcy, unless they are based on willful and malicious injury. Similarly, a judgment against a doctor based on misrepresentation about the need for a medical procedure is not dischargeable in bankruptcy.

Hundreds of personal injury claims against the two car giants were pending at the time of the bankruptcy filings. While the dismissal of these claims might be expected as typical of a bankruptcy proceeding, the effect of the bankruptcy on future injuries that have not yet occurred is also in question.

General Motors will remain liable for future accidents involving cars built before the company filed for bankruptcy. Such an arrangement was not made in the case of Chrysler, however. Those cars were built by the "old" company for which the "new Chrysler" will not be responsible. A bill recently introduced into Congress (H.R. 3088) would hold both automakers subject to suit in such situations by requiring the companies to buy products liability insurance up to $200,000 per claim. This bill was introduced on June 26th and has been referred to the committee on financial services.

Clouding the issue further is the fact that both companies agreed in their reorganization plans to honor "Lemon Law" claims made before the companies restructured. These laws generally allow consumers to trade in vehicles that require an unreasonable number of repairs due to faulty construction, but they do not provide any protection for injuries sustained by a motor vehicle.

As you can see, the laws surrounding motor vehicle accidents can get quite complex. Having an experienced attorney qualified to see your case through the myriad of legal complications that arise is essential to protecting your rights. If you or a loved one has been injured in a motor vehicle accident, contact Fisher & Talwar for immediate assistance.

Fatal La Cañada Truck Crash

On April 1, 2009, a double-decker, car-hauling truck crashed into a passenger vehicle, killing its two occupants, 58-year-old Angel Jorge Posca and his 12-year-old daughter, Angelina, who both died at the scene.

The truck was driven by Marcos Costa, who ignored signs along the twisting lanes of California's Angeles Forest Highway, which prohibited trucks from being driven along that route. Costa proceeded to drive his truck onto Angeles Crest Highway, and when he reached La Cañada Flintridge, his brakes started to fail. The truck, as it sped downward, struck Posca's car, slammed into five additional vehicles, and finally crashed into the Flintridge Bookstore at the intersection of Angeles Crest Highway and Foothill Boulevard. In addition to the two fatalities, 12 people were injured as a result of the tragic accident.

Unfortunately, just seven months before this tragedy, on September 5, 2008, a semi-truck, traveling through the same intersection, and carrying 78,000 pounds of onions, crashed into seven cars when its brakes failed. One person suffered a minor injury.

Signs of Possible Danger

About ten years ago, Caltrans, California's highway agency, closed a runaway-truck escape route that was installed along the final downward descent into La Cañada. The purpose of the escape route was to prevent accidents in the event of an emergency.

After the September 5th accident, city officials asked Caltrans to post signs warning truck drivers about the steep descent into La Cañada along Angeles Crest Highway. City officials also wanted the escape route to be reinstalled, but Caltrans did not fulfill either request before the April 1st accident. Before these incidents, city officials had also asked the California Department of Transportation to prohibit trucks on Angeles Crest Highway, but their requests were ignored.

After the April 1st Tragedy

Caltrans imposed a 90-day ban on five-axle trucks along Angeles Crest Highway, between the Angeles Forest Highway and 210 Freeway after the April 1st incident. Additionally, overcoming the first legislative obstacle, the Assembly Transportation Committee voted 14 to zero on April 27th in favor of Assembly Bill 1361, which would ban trucks along Angles Crest Highway, located between Big Pines Highway and the 210 Freeway in La Cañada Flintridge. Those in violation would be fined a minimum of $1,000.

Truck Accident Statistics

Since trucks generally weigh on average about 80,000 pounds, compared to a regular car weighing 3,000 pounds, truck accidents can cause serious, catastrophic injuries. According to the Federal Motor Carrier Safety Administration (FMCSA), in 2007 in California, there were approximately 325 fatal crashes involving large trucks. The FMCSA also reports that of the 41,059 people who died in motor vehicle crashes in 2007 in the United States, about 4,808 people died in crashes involving a large truck, and 101,000 people were injured in crashes involving large trucks.

Federal Motor Carrier Safety Regulations

The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399 & 658) governs commercial vehicles that are engaged in interstate travel, such as requiring drivers and their companies to keep logbooks, and limiting the length of time truck drivers can be on the road. These regulations also have weight limitation rules on the maximum gross weight of commercial vehicles and their axles.

Truck accident cases can be complex, involving a wide variety of state and federal rules. Thus, finding qualified, experienced legal representation for truck accident cases is essential. If you or someone you love has been involved in a truck accident, seek experienced legal representation. Contact Fisher & Talwar for immediate help and assistance.

Bus Accidents Increasingly Common in California

Millions of people ride buses each day. Bus passengers include children on school buses, commuters going to work, or people on vacation. Unfortunately, there were more than 13,000 buses involved in crashes nationwide in 2007, according to the U.S. Department of Transportation Federal Motor Carrier Safety Administration. Among those buses, 6,953 were involved crashes that resulted in injuries. There were also 1,332 buses involved in accidents in California in 2007. The state has seen a considerable increase in the number of bus accidents in recent years, since there were less than 400 buses involved in accidents as recently as 2003.


Charter Bus Involved in Major Accident

Recently, several bus crashes involving buses traveling to casinos have occurred in California. On October 5, 2008, a charter bus on its way to Colusa Casino Resort, an Indian casino, flipped over and rolled to the side of the road into a ditch. Eight people were killed and 35 others were injured in the accident. The crash occurred on a two lane road north of Sacramento. The driver of the bus was arrested for suspicion of driving under the influence of alcohol or drugs. It was also reported that the driver had a history of substance abuse. Prior to the crash, witnesses said the driver was driving erratically. Furthermore, witnesses report that the driver overcorrected three times as the bus drifted into opposing traffic, right before the crash. Another potential contributing factor to the accident is the maintenance and safety of the bus; the bus had invalid Texas plates and other registration serial numbers were also invalid.

In May of 2008, a charter bus headed to Laughlin, Nevada overturned, killing one person and injuring 22. Overall, eight serious crashes involving buses taking people to casinos have occurred in California in the last three years.


Typical Causes of Bus Accidents

Bus accidents are often avoidable since they are often caused by:

• Defective emergency exits
• Driver error or fatigue
• Improperly trained or inexperienced driver
• Driver under the influence of drugs or alcohol
• Driver with a history of dangerous or reckless driving
• Inadequate security
• Negligence
• Dangerous roadways
• Defective products
• Improper maintenance
  

Injuries and Recovery for a Victim of a Bus Accident

Survivors of bus accidents may suffer from a variety of injuries, some of which may be long lasting or even life threatening. Possible injuries include:

• Whiplash
• Back injury
• Concussions and other head injuries
• Brain trauma
• Fractures, sprains, and abrasions
• Knee damage
• Burn injuries
• Internal and soft tissue injuries
• Spinal cord injuries
  

Bus passengers are owed a higher standard of care since bus companies are considered common carriers. Passengers are owed a duty by the bus company and driver, both of whom both may be negligent if they do not use the necessary care and cause an injury to a passenger.

Thanks for reading our blog. If you have a comment or question, please do not hesitate to reply to this posting, but keep in mind that your response will not be confidential. You can also send us an e-mail. If you or a loved one have been involved in a bus accident, it is important that you act quickly to seek medical attention from a well qualified physician, and to preserve evidence and protect your rights. Please feel free to contact us to schedule a confidential consultation and for immediate assistance.

Recent Wave of Metrolink Train Accidents in Southern California

More than 9,000 train accidents or incidents occurred nationwide in 2007, according to the Federal Railroad Administration Office of Safety Analysis. California accounted for more than 500 fatal and non-fatal casualties in 2007. Also, in terms of use of the rail system in the Southern California area, Metrolink’s ridership has increased by about 60% over the past five years. With more trains in operation to accommodate the increase in riders, the possibility train accidents (such as derailments or collisions) involving passenger trains rises.

Recent Southern California Train Accidents
There have been several recent train accidents in Southern California. On November 20, 2008, a Metrolink train struck an oncoming freight train in Rialto when it failed to stop for a red light. Five passengers were injured in the crash. An investigation continues as to the cause of the crash, which maybe attributed to faulty signal lights or train brakes.

On September 19, 2008, in downtown Los Angeles, a Metrolink Blue line train crashed into a bus. Approximately 14 people, including the bus driver, were injured in the accident. The cause of this incident is also being investigated, and it has yet to be determined whether the train or the bus had the right of way.

In Chatsworth, California, a Metrolink train collided head on with a freight train on September 12, 2008. Among the casualties, there were 25 killed and approximately 135 injured. This accident is considered the worst Southern California train crash in the past 50 years. The cause of this crash also is under investigation, although a preliminary investigation determined that the Metrolink train failed to stop for a red light signal. Cell phone records of the Metrolink engineer indicate that he was text-messaging within minutes of the crash and may have been distracted.

Common Injuries Resulting from Train Accidents
Train accidents are oftentimes traumatic events for the victims. Individuals will often endure such debilitating or life threatening injuries as:

• Severe crush injuries
• Concussions and other head injuries
• Fractures, sprains, and abrasions
• Brain trauma
• Spinal cord injuries
• Burn injuries
• Internal and soft tissue injuries.

Recovery for Persons Injured in Train Accidents
Damages are usually determined based on a victim’s lost future wages, medical costs, dependent care costs, state of health at the time of the accident, physical pain, and mental anguish. Recovery under these categories could be limited by a 1997 U.S. law that caps damage claims in railroad accidents at $200 million. This law limits the recovery for the total allowable award to all rail passengers, from a single passenger rail accident, to no more than $200 million. The law covers all rail carriers and the total amount includes punitive damages. To date, this law has not affected any recovery for victims. However, this law could affect recovery for future accidents, such as those having a large number of victims.

Thanks for reading our blog. If you have a comment or question, please do not hesitate to reply to this posting, but keep in mind that your response will not be confidential. You can also send us an e-mail. If you or a loved one have been involved in a train accident, it is important that you act quickly to seek medical attention from a well qualified physician, and to preserve evidence and protect your rights. Please feel free to contact us for immediate assistance and to schedule a confidential consultation.