Sacramento Personal Injury Lawyer

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

California Tour Ends in Tragedy When Bus Overturns Near Soledad

John Demas — Fri, 01 May 2009 17:08:41 GMT

Orion Pacific is the newest tour bus company facing hard questions being asked by angry people. This is the third major bus crash to happen in California since the devastating Cache Creek crash in October and people want to know “Why?”. This collision occurred on Tuesday, April 27, 2009, and today, questions still abound. Investigation is slow and steady when it comes to large accidents like this so that nothing is missed.

The media is covering this incident nationwide, with articles from the New York Times and the Associated Press. The pages that allow comments are full of thoughts for the families and friends of those who have been hurt, but there are a always a few comments of outrage and pessimistic condemnation. Some blame the drivers, some blame the owners, some blame manufacturers.

Truth be told, anybody can make up any reason they want to blame anyone they want, at least until we get some answers. Speculation is running rampant with everyone putting in there own two cents. It has been conjectured that the driver could have been on drugs, hung over, or maybe even just sleepy. People look to the past for explanations, but truthfully, there can be no good reason for this horror.

Why do people react so strongly to accidents involving buses? Is it because of the inherently high number of casualties and fatalities? Is it because almost everybody has ridden a bus at some point in their lives? Is it because it is a major transporter of our children to and from school?

When crashes are reported you read words like “ejected” and “overturned”. The imagery is powerful and the words themselves terrify. With bus crashes death tolls are more likely to be higher and more people are hurt. More ambulances come to the scene and more hospitals take in patients. On Tuesday, fifteen ambulances, a few helicopters and nine hospitals treated injured riders.

This incident, in addition to other recent bus accidents, has put a spotlight on bus regulation and safety. There is already a bill in the assembly that will strengthen the current rules in California. It is illegal to hire a driver who is not properly licensed, but this bill introduced by Assemblyman Dave Jones will put some teeth behind the regulations.

One chance, just one, to get it right, if a bus company is been found to knowingly hire a driver who is not properly licensed, they will not be allowed to do business in California. Strict enforcement should motivate companies to check the records of their drivers and to ensure that they are educated and licensed according to the requirements of state law. By this time, I am sure we are all aware of the dangers of negligent hiring.

It is not known if any precautions could have prevented this crash, mainly because we do not know what caused the crash yet. Investigators would have had an easier time of it if the driver had survived, but it has been revealed that the driver, John Egnew, was one of three people who died at the scene. Two more people were pronounced dead at hospitals.

The tourists came from different cities in France to explore California and they were due to fly back from Los Angeles that night. The local Red Cross has set the survivors up in a motel and provided counseling through this ordeal, but volunteers say they just want to go home.

Passengers recall thinking there was something wrong with the bus and one person reported that it felt like they were going too fast. The nation awaits with bated breathe to discover what went wrong. Once we know the cause we can work toward finding the solution. And a solution must be found. There are too many potential deaths if these buses are not being properly maintained and properly driven.

The bus in question is actually owned by Weeks Enterprises which owns Orion Pacific. Their safety records is solid for the last two years and they passed random inspections fourteen times. A citizen’s comment on one news site demanded log books and scale stops, like what big rigs are required to do. Would that solve the problem? I don’t think overworked drivers and weight distribution are the issue with these recent crashes, but I appreciate that people are looking for solutions in different places.

Buses are a unique form of transportation and it is the prevalent form of public transportation, school transportation, and tourist transportation. If this wave of large accidents continues, perhaps the people need to take another look at the bus and try to find a safer alternative to avoid further tragedies.

Originally posted at InjuryBoard by John Demas

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

Owner of Improperly Maintained Carnival Ride Blamed for Injuries to Children

Amber Wheat — Tue, 17 Mar 2009 12:13:32 GMT

A while ago, I wrote about the recall of the Yo-Yo carnival ride. Last May twenty-one children were hurt when the ride collapsed at the Calaveras County Fair. Now the owner is being put at fault for a failure to properly maintain the ride.

The manufacturer of the ride issued a recall last October to address some of the issues with these rides. When a product is recalled, more often then not, it is a simple fix and it's on the manufacturers dime. In this instance, all an owner needed to do was request an inspection and repair kit from Chance Rides Manufacturing.

Because the May accident happened before the October recall it was unclear whether the owners of the carnival ride could be blamed. But further investigation found that the ride was not regularly inspected and didn't have the required certifications and documents regarding safety.

California has a very active agency in charge of inspecting carnival rides and making sure that people are safe. Brass Ring Amusements Midway of Fun did not comply with their strict standards and can be placed at fault for this terrible accident.

Coming into spring, there will start to be some fairs and carnivals taking place. The last thing anybody wants to do while having a fun day at the fair is end up in the hospital. If you want to know if specific rides have been known to cause injuries, check out www.rideaccidents.com. The percentage of dangerous rides is actually quite low.

Originally posted at InjuryBoard by Amber Wheat

Risks of Radiological Studies

Amber Wheat — Wed, 04 Mar 2009 17:53:36 GMT

Yesterday, MSNBC reported on a study by the National Council of Radiation Protection and Measurement. The report stated that Americans are exposed to seven times the radiation that they were in 1980. It goes on to accuse doctors of requesting radiological scans because it pads their pocket books instead of for the benefit of the patient.

After reading the recent post on the risks and benefits of radiological studies by my boss, Barbara, I was concerned that reports like this would confuse people and ultimately cause them to make dangerous choices.

We all understand that radiological scans emit radiation right? But when doctor thinks it’s necessary to diagnose a problem, I am not about to tell her “No, thank you.” This morning MSNBC staff writer Clara Moskowitz posted a great piece in response to the report from yesterday. She explained the flaws in the data and logically rationalized the increase in exposure to radiation. I was glad to have both sides of the argument represented and I respect MSNBC for that.

Yet another article was featured today regarding a new use for PET scans. Doctors who work with cancer patients may be able to tell if the treatment is working in as little as one day eventually. The NCRPM is probably cringing at the suggested regular use of these scans which are very similar to CT scans, but doctors are looking forward to reducing costs of expensive treatments that may not be working. And patients are looking forward to not having to wait six weeks to know if treatment is working.

We are left with a dilemma here. Are Americans being overexposed to radiation? The technology is here now and it can’t be undiscovered. CT scans, X-rays, and PET scans increase the quality of care we receive. Let’s look at the pros and cons.

Pros
Quicker Diagnosis of Problems
Quicker Assessment of Treatment
Discovery of Unconnected Issues
New, Less Invasive Cancer Treatment

Cons
Expense
Risk of Overexposure to Radiation (more likely that you’ll die from drowning)

Are there any other benefits? Are there any other risks? As for me, I would rather risk the exposure to radiation and know what is going on in my body. What would you choose?

Originally posted at InjuryBoard by Amber Wheat

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