Sacramento Personal Injury Lawyer - Automobile Accidents

CHP Declares Fourth of July an Operation CARE Holiday

Amber Wheat — Thu, 02 Jul 2009 13:33:42 GMT

Operation Combined Accident Reduction Effort is a program that facilitates communication and cooperation between different state law enforcement agencies. The states are working together to prevent collisions and deaths. Operation CARE started in 1977 by Sgt. Gary Ernest of the Michigan State Police and First Sergeant Gene Neff of the Indiana State Police. These two men realized that by working together, they could keep the interstate roads much safer than by going about it on their own.

Today most states are a part of Operation CARE. In California, Interstate Highways 5, 15, 40, and 80 are protected by the CARE program. On major holidays these roads are subject to Maximum Enforcement Periods. California Highway Patrol officers will be out in force and will be looking for people who speed , those who aren’t wearing seat belts, and those under the influence.

These three factors cause the most fatalities on the road. To be safe, put away the cell phones, if you’re on a motorcycle, put on the helmet, and above all be patient in the holiday traffic. It is better to arrive late than not at all.

Originally posted at InjuryBoard by Amber Wheat

Avoidable Tragedy- 2 Die in Sacramento Construction Zone

Barbara Burks — Fri, 12 Jun 2009 13:14:30 GMT

Our roads and highways are an unmatched path across our country. The most common mode of transportation in America is via our personal vehicles. In order to get where we want to go the roads have to be maintained. Because our population is always growing, the roads also have to be expanded. Construction zones are just another part of life and knowing how to navigate them safely is just another part of driving.

Cone zones can sneak up on a person. Just this morning, a crew was repairing a street lamp on a curve and drivers in that lane had to slow considerably and merge into the left lane. It happened really quickly and luckily there was enough room so that nobody got hurt (and thankfully I was in the left left lane and only had to watch them). It could have been worse. It would have been nice if there had been a sign or something warning about the impending merge, but c’est la vie.

Unfortunately, not everyone reacts well to a cone zone. Some people don’t notice at all when they enter a construction zone. They do not take actions that protect themselves and others from being hurt. Others like Arnoldo Placensia, a Sacramento construction worker who died early Thursday morning. He and his crew were repairing potholes in the Arden Arcade area at the corner of Marconi and Howe. At about 1:20am, Nancy Richards sped through the area at a high rate of speed and struck Placensia. She continued on and then struck a large piece of equipment and died at the scene.

Two lives were lost. Night construction is especially dangerous, but very common in the summer season. The weather is good and Caltrans and other road construction companies want to get as much work done as possible. At the same time, they want to disrupt traffic as little as possible. This leads to night construction, but even that can be safe if everyone pays attention. This tragedy could have been avoided. Officials say Richards smelled like alcohol and a toxicology report is pending. If Richards had followed some simple rules she and Placensia would still be alive today.

1. Slow Down- construction zones will often have large machinery and people moving about to and fro, ya know, working. By slowing down you give yourself more time to assess the situation and you give them more time to see you and get out of the way if necessary.

2. Follow Directions- sometimes there are workers with the sole purpose of directing traffic. I have run into times when people are telling me to do something that doesn’t seem safe or is illegal. I didn’t want to do it, but I did it anyway. Try to remember that you don’t know the whole layout of the project. The safest bet would be to listen to the people who do know what is going on.

3. Don’t Linger- don’t get me started on lookie-loos. I don’t like it when people pause to see what’s going on. It is an unexpected action and if you’re looking to the left or right that means you’re not looking in front of you.

4. Avoid Trouble Spots- if you know a certain bridge is going to be under construction for three weeks, try to find an alternate route to your destination. It will save you from having to sit in traffic and could keep you safer.

5. Be Patient- if all else fails and you find yourself stuck for a long period in time, turn on the radio, pull out the hands-free cell phone, and settle in. Try not to get frustrated and you’ll eventually make it through.

The most important thing to keep in mind is that there are people in the area that do not have the protection of one ton of steel surrounding them. Please look out for the brave men and women who risk their lives. When you think about their job and the fact that they stand in front of, beside, behind, and around these huge vehicles and trust those drivers to behave in a responsible fashion, it’s a pretty amazing thing.

Originally posted at InjuryBoard by Barbara Burks

Sacramento Hit-and-Runs

Amber Wheat — Fri, 29 May 2009 12:38:29 GMT

The Sacramento Bee has developed an interactive map that makes it easy to spot trouble areas in Sacramento. Anybody who has every been hit by a driver who then leaves the scene can tell you it is a disturbing experience. You don’t know what happened, you don’t know if you’re hurt, and then you see the person responsible speed away. There is not much you can do to avoid a hit-and-run because you can’t control the actions of the other party, but you can be aware of your surroundings and take extra precautions in these Sacramento hot spots.

The most obvious area of hit-and-run violations is downtown Sacramento. With their one-way streets, pedestrians, and parked cars everywhere, it is little wonder that is one of the most common areas to get hit by someone who won’t stay at the scene.

I love statistics and this map is very cool, but I wonder how many of the “hit-and-runs” involve parked cars being damaged. If you strike a vehicle and the owner is not there. You must try to find the owner first and if that fails, you must leave a note. Never drive off without leaving your information. Hit-and-run is a serious offense and with today’s technology... you will be found.

The site above also gives answers to common hit-and-run questions. I recommend checking it out. Hopefully you will never have to use that knowledge, but you do, at least you have it. Above all, victims and witnesses are encouraged NOT to chase the offender. You don’t want to get into a confrontation. The most important thing is the safety of everyone involved.

Originally posted at InjuryBoard by Amber Wheat

The Danger of Speeding—Tragic California Accident Kills Child

Jessica Smagacz — Wed, 27 May 2009 15:04:59 GMT

Tommy Watkins, 50 year old from Bakersfield, was driving home after camping at Lopez Lake with his family. According to investigators, Watkins attempted to pass another car but got stuck and his white Chevy Sedan hit a burgundy Suburban head-on.

According to KSBY 6 Action News, emergency crews went out on this call around 12:30 p.m. this past Monday. The car accident occurred about two miles east of Suey Creek Road on the Santa Barbara-San Luis Obispo county line.

A 12 year-old boy tragically died at the scene of this accident. He was the grandson of Watkins.

There were six people in the suburban that Watkins hit and all of them were taken to the hospital. Sgt. Ben Ruth from the California Highway Patrol said, “It started to pass, there were broken lines that gave it permission to do so, but as you can see where the skid marks are, that passing lane ended way back.”

Chris Martinez is a witness to this accident. He saw Watkins’s Chevy pass traffic and had no idea it would turn into a tragic car crash. He said, “First thing that crossed through my mind: there’s no need to rush it to where you’re going. There’s always time. Apparently, sometimes you rush it and things like this happen.”

The six people in the Sedan suffered injuries along with the grandfather.

Our thoughts are with the child’s family and with those who were injured in this tragic car crash.

Remember to use caution at all times while driving. When you are in a rush, remember what can happen if you speed; instead, think about the fact that there is still time and driving safely outweighs the risks of a tragic accident such as this one.

Originally posted at InjuryBoard by Jessica Smagacz

At-Fault Drivers from Out of Town To Be Billed for Collisions

Amber Wheat — Tue, 14 Apr 2009 15:11:55 GMT

Some cities and counties in California are thinking about trying a new way to recoup their funds after a collision. If the at-fault driver is from outside the area, they will be billed for the services provided.

There are many different arguments against the new policies. Insurers say they oppose the charges because they will ultimately foot the bill. Of course, we know that is not true, especially in a policy limits situation. The insured will receive less compensation if the bill is paid by the insurance company.

Many local government agencies defend the idea by saying that only people from out of town will be charged. The idea is that people who live within the district have already paid for the public services through taxes. My response is that the people who live outside the city pay taxes too. Just because they haven't had to use them in their city, doesn't mean that they don't pay for them.

Many are worried that these fees will become an "accident tax" and they liken this policy to a speed trap. Speed traps in California are illegal based on the possibility of human error. This fee for collisions could have greater implications. Will law enforcement skew events or misinterpret statements to put out-of-town drivers at fault if it means they are allowed to assauge some of their costs? They may not do so on purpose, but it could be a factor in their decision.

If cities and counties decide to go through with this, they risk a decrease in tourism and an increase in hit-and-runs. Proponents say that it is not a revenue generator, but it kind of is. The police and fire department are given funds to operate. They spend those funds when they get called out to collision scenes. That is the way it is supposed to be. If they need more money to do their jobs then it needs to come from taxes and the funds dispersed by the local governments, not from individuals.

Another system they are considering is to "just bill insurance companies." But that is a mistake as it will only make the insurance premiums go up and it will be subtracted from what the parties recover. It is not fair to anyone.

What do you think? Florida already has this in place, but there is current legislation to repeal it. Does it work? Is it fair? Would you avoid areas if you knew they had this policy? Tell me what you think.

Originally posted at InjuryBoard by Amber Wheat

Teen Driving Safety Week

Barbara Burks — Tue, 24 Mar 2009 12:01:53 GMT

Californians are celebrating by introducing this year’s Impact Teen Drivers educational program. Every year Impact Teen Drivers hands out material to public schools and encourages them to spend time with students who are learning to drive or just received their licenses. This year is exciting because everyone is getting in on the action.

The program is sponsored by the California Association of Highway Patrolmen, the California Highway Patrol, the California Teachers Association, California State Firefighters Association, the Peace Officers Research Association of California, California Casualty Insurance, and the Association of California Schools Administrators.

Many people are doing there part, but sometimes it is hard to get motivated. In this economy nothing motivates people more than money. This year “Create Real Impact” will be giving grants to California high schools where the Impact Teen Drivers material is used in new, interesting, and more effective ways.

New drivers are the most at risk for fatal collisions. According to the National Highway Traffic Safety Administration, 6,982 young drivers, between the ages of 15 and 20, were involved in fatal collisions in the United States in 2007. In California, 238 young drivers died and 199 young passengers died while in the vehicle of a young driver. In Texas, more drivers died, but fewer passengers died. California had the highest number of fatalities.

This year the Impact Teen Drivers program is coming into the twenty-first century. They have not only created a new website, but they have set up a myspace and a facebook page as well. They really know their customers. We all hope that some good will come of these programs and that next year we’ll see an even bigger drop in teen fatalitites.

Originally posted at InjuryBoard by Barbara Burks

Contributing Factors: The Good Samaritan v. The Jaywalker

Amber Wheat — Thu, 26 Feb 2009 14:26:19 GMT

A news story on MSNBC relates an incident involving a bus driver who pushed three people out of the path of an oncoming vehicle only to get hit by the truck himself. Jim Moffett risked his life and sustained great injury to save two little old ladies and another man.

What he did was a good thing, but The Colorado State Patrol says what he was doing before the collision was not okay. Mr. Moffett, the other man, and the little old ladies were jaywalking. Mr. Moffett was cited and will be fined.

When we hear stories like this, the public reacts with outrage. “How can they fine this man when he probably saved lives?” Well I know precisely how they can do it. His actions were a contributing factor to the collision. The driver of the pickup was cited for reckless driving, but it takes two to cause an accident. One person to not pay attention and another person to be there. If they hadn’t have been jaywalking there wouldn’t have been an accident at all. In the same vein, if the driver had been more attentive, there wouldn’t have been a collision, either. They are both jointly and severally liable.

It takes a very special kind of person to do what Mr. Moffett did and I have the utmost respect for him. I hope that he will be okay and I am sure that the citation will be paid for by admirers (if not dropped altogether).

I hope that others take this instance as a warning that jaywalking is never a good idea. Crosswalks are there for a reason. Helping little old ladies to cross the street is very nice, but making sure they get to the other side safely within a crosswalk is nice and smart.

Our firm regularly deals with pedestrians who have been injured by vehicles. The injuries are often severe because, while the driver has tons of steel protecting them, the people on the street don't even have a helmet to protect themselves. Be smart out there, we don't want you or anyone you love to need our services. If the worst should happen, you know where to find us.

Commenters on MSNBC responded with outrage, what are your thoughts? Do you agree with the officers?

Originally posted at InjuryBoard by Amber Wheat

Agencies Unite to Put an End to Drunk Driving in Sacramento County

Amber Wheat — Mon, 23 Feb 2009 14:05:11 GMT

Drunk driving is a real problem in Sacramento. We hear about DUI collisions, injuries, and fatalities, but when it doesn’t effect us personally, it is easy to forget that many real people and real families are suffering from the irresponsible actions of a few. Well, Sacramento is finally taking a stand. With recent articles about lost loved ones and new plans to combat reckless driving, maybe the county can get people to start caring.

This year a public awareness campaign by the Teachable Moment Foundation is focusing on educating the masses on drunk driving. They hope that Every37.com can make the consequences of choosing to drink and drive a reality for some people. They will utilize TV, radio, the internet, and guerilla marketing. The Sacramento Police Department is embracing the campaign as well.

Thanks to the efforts of the founder of the Teachable Moment Foundation, Dr. Leon Owens of Mercy San Juan Medical Center, drunk driving has steeper consequences in Sacramento County. If it is not a first offense, the vehicle can be impounded (we all know what a headache that is). And more interventions are taking place in custody. Counselors are brought in to ask questions and explain things in way that may make it more personal to the offender. They also offer referrals to treatment programs.

Another new law makes it illegal for prior convicted DUI offenders to have any alcohol at all in their systems. No legal limit for them, they just aren’t allowed to have any amount. It seems like a harsh rule and one that doesn’t necessarily make sense. People over the age of 21 have a right to drink alcohol. If someone makes a mistake in their youth, are they forced to worry about having a glass of wine with dinner? Are they tested even if they are in an accident that wasn’t their fault?

There are on average 600 DUI offenders on formal probation in Sacramento County. The worst of the worst require intense supervision to keep them off the road. In most cases they have suspended licenses, so they shouldn’t be driving at all. They are picked up for driving, but they seldom get caught with a fresh DUI offense. Again, the punishment doesn’t seem to fit the crime. People need to be able to drive to work, or their kids to school and soccer practice and whatnot.

The California Highway Patrol supports a new bill that may be the solution to many problems. Assemblyman Mike Feuer introduces a bill to install ignition-interlock devices in the vehicles of DUI offenders. Basically, it’s a breathalyser and the engine won’t start unless the driver is under the legal limit. Now I can already think of a few ways to get around it, but Feuer believes it will at least be a deterrent since the offender has to pay for installation and maintenance. He states that it has worked for other states and that 983 people died in California last year because of collisions involving drunk drivers. He hopes to start a four-county pilot run beginning July 1, 2010. I hope that Sacramento County will be one of the four.

The CHP is also focusing on young drivers this year. They are offering a two-hour course every month at the Massie Court office titled “Start Smart”. It will focus on understanding the responsibilities of driving and the consequences of poor choices. Comments on the SacBee website range from outrage at the CHP budget to gratitude from parents and grandparents. It is said that people who are upset with budget problems are taking this opportunity to lambast the CHP when they are trying to do some real good. One comment states “If this class save the life of one driver, because a ten attended this class, then it is well worth it.” Another asks if she can require her kids to take it.

Start Smart is a good name for the training. Intelligence really is a factor here. If anyone, not just teens, stopped and thought about their actions before choosing to get into the vehicle, how many lives would that save?

As always, I hope you are one of the lucky few who have never been victims of drunk or reckless drivers. If not, you know where to find us. Be careful out there. I know it’s hard, but let’s hope for the best with these new programs and maybe next year the fatalities on the roads will have gone down.

Originally posted at InjuryBoard by Amber Wheat

Operation Cover Me Fighting Back Against Auto Insurance Fraud

Amber Wheat — Thu, 05 Feb 2009 12:30:12 GMT

During tough economic times it is hard to make ends meet. With all the monthly bills that pile up, one of the hardest ones to swallow is auto insurance. It’s betting on losing and most people out there don’t like to pay it. A while ago my boss wrote about the spree of hit-and-runs and uninsured motorists. Many people are tempted to lower their coverage or just drop it when the choice is between making a house payment and making an insurance payment.

But then what happens when you get in an accident and actually need insurance? Well a recent trend in California is buying the policy after it has happened and then lying about the circumstances to receive the benefits. Apparently the fraud has gotten so bad that the Department of Insurance and the District Attorneys from multiple counties have teamed up to combat the increasing instances of fraud.

On Wednesday, they announced that twenty-eight arrests have been made so far. Others are being sought with warrants and were issued orders to appear at arraignment. People got their families and friends involved to perpetrate this fraud and all will have to answer for their actions. The counties participating are El Dorado, Placer, Sacramento, San Joaquin, Stanislaus, and Yolo. The Suspects defrauded 21st Century, CSAA, Esurance, Progressive, and Geico, among many others.

Fraud is a very serious offense and the people who are caught will learn quickly that it is just not worth it. Get insurance, even a minimum policy is better than nothing. It’s safer for you and it’s the law.

Originally posted at InjuryBoard by Amber Wheat

Where is the Justice for Car Crash Victims?

Amber Wheat — Tue, 06 Jan 2009 13:36:11 GMT

The Sacramento Bee published an article about a very curious case. Maximillian Sullivan has been in and out of jail twice since the end of October and he is in jail again. All three arrests have been for traffic violations. The first, on October 24, 2008, was when he was identified as the driver in an injury-causing hit and run. The second on November 3, 2008, was for reckless driving. And the most recent on December 1, 2008, for yet another injury-causing hit and run, this time with a suspicion of driving under the influence.

The comments on the Sacramento Bee website all have one question in mind. Will this man have to kill someone before he is stopped? Mr. Sullivan was driving on a suspended license during all three incidents. According to court documents he was jailed at least three times since 2005 and has never served more than a few weeks in jail or on the sheriff's work project.

Let us assume that Mr. Sullivan’s first offense was merely a hit-and-run causing injury while driving with a suspended license. The minimum punishment would be $1,000 for the hit-and-run causing an injury and $300 for driving with a suspended license. Jail time is not required at all for those offenses. The law only dictates maximum sentencing if the court chooses to pursue that avenue.

The second offence of reckless driving carries a minimum of five days in jail and a $145 fine with another $300 for the suspended license charge. Again that is the absolute minimum he could have received.

If Mr. Sullivan is convicted of hit and run DUI causing injury for this time, he will receive a minimum of 90 days in jail, a $390 fine, and revocation of his license. He will not have the privilege of operating a motor vehicle for some time.

The people behind the comments on the SacBee website are upset right now because they feel Mr. Sullivan’s punishment has been too lenient so far. But there is a fine line that the court must walk. The forefathers of this nation knew that liberty is the quintessential right of every man. It is a huge responsibility to be in charge of deciding whether or not to deprive a man of his freedom. Mistakes are made and they should be paid for, but let the punishment fit the crime.

In this same vein, the family of Aman Kumar Khanna is grieving for the husband and father they lost and for the justice they did not receive. The seventeen-year-old convicted of gross vehicular manslaughter for the accident that took the life of Mr. Khanna will serve one year at the Sacramento County Boys Ranch and will then be deported.

The issue is very controversial, but the court decided to try him as an minor. That choice severely limited the possibilities of punishment. This boy ran a red light at 80 miles per hour while under the influence of alcohol and then fled the scene. A grave injustice has been done to this family... by the system. He was seventeen, he was here illegally, and he made the wrong choices. He made adult choices.

To think that something as trivial as age has kept him from years in prison for his crime. It was the same way with Amit Tandon’s family. A young man, Troy Hovey, was sentenced to 180 days in jail and three years probation. It seems like victims cannot find justice these days.

Originally posted at InjuryBoard by Amber Wheat