Sacramento Personal Injury Lawyer - Driving Safety

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

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

It’s the Most Dangerous Time of the Year: Tips for Driving in Imperfect Weather Conditions

John Demas — Wed, 26 Nov 2008 14:03:03 GMT

The holiday season is a wonderful time, friends and family gathering close, presents and good food, what more could you want? The hard part is getting there. When driving to grandmother’s house this year remember to stay safe. The roads can be icy, windy, and worst of all foggy.

Fog is very dangerous because it severely limits your ability to see. People tend to either speed up in fog or slow way down. The CHP website has tips for driving in the fog. Some of the tips make sense, but others should be modified a bit.

The best tip they have is to drive with lights on LOW beam. High beams will reflect off the fog and create a “white wall” effect. But please do turn your lights on. The light can sometimes pierce through the fog and warn other drivers of your location.

Now the CHP says to reduce your speed, but if others on the same road are going much faster than you, there will be a problem. So watch your speedometer, choose a reasonable speed and try to keep it steady.

Avoid crossing traffic and drive with a window partially open if you can. Listen for traffic if possible. CHP cars will be on the road in really bad conditions, they are called pace cars and will guide you. If you see one, try to travel with it.

Now here is a scary part, the CHP says that if your car is disabled or you can’t continue to pull well onto the shoulder. Don’t do that. If at all possible, get off the highway. It is extremely dangerous to be on the side of the freeway anytime, but when it’s foggy and people can’t see anything it is the worst time to be out there.

Accidents happen all the time because of obscured views. Just last week a bicyclist was killed after being hit by a woman who couldn’t see out her windshield because of dew. If your car has dew or frost on it, the first thing you should use is your defogger or defroster. It is recommended before scraping or using windshield wipers.

If all else fails...stop. Pull off into a McDonald’s or spend the night in a hotel. If you are uncomfortable driving than get off the road, for your safety and the safety of other drivers. Remember, it is better to arrive late than not arrive at all.

Originally posted at InjuryBoard by John Demas

How to Drive Safely in Stormy Weather

Amber Wheat — Tue, 04 Nov 2008 17:56:59 GMT

Now that the rains have come, it is time to pay closer attention to how we drive everyday. Everyone knows that the first rain is the most dangerous because oil, dirt, and debris in the road gets slick and dangerous, but it is important to realize those dangerous don’t go away once you get used to driving in the rain.

Three men are at UC Davis after they slammed into a tree in Sacramento. And of course the big pile-up on I-505 that claimed the life of James Cain is something right out of a horror story. It began when Cain’s vehicle swerved into the guardrail for an unknown reason. Afterward, a car traveled across all lanes of the highway after swerving into the guardrail to avoid Cain, as did a tractor trailer. Another car was unable to avoid colliding with Cain and knocked his vehicle onto it’s right side. A second big rig followed and swerved to the left to avoid Cain, but struck the exposed roof of Cain’s Jeep as it passed and caused Cain’s fatal injuries.

Storms cause three main problems for drivers. 1) The clouds make it much darker and the water makes it hard to see clearly. To counteract these effects, turn on your headlights. Remember the law states that if your windshield wipers are on, your headlights must be on as well. It won’t help you see what is in front of you that much better (sometimes it even makes it worse, like in fog), but it’s true purpose is to make it easier for other vehicles to see you. When I am driving on the road in a storm and I can’t see very well in front of me, I pay close attention to the movements the car in front of me is making. If there is no car in front of me, I tend to slow down and focus on the reflectors on the road.

Something that irritates me to no end is when there are no reflectors on the lines separating traffic going in the same direction, but only on the line separating the different directions. It is bad because I focus on those reflectors to alert me if the lane is going to veer or curve, but if I am watching the inside line, the headlights from oncoming traffic blind me. Any tips on how to get past this problem?

2) The road is wet. Traction is very important for any vehicle. It is what makes you go and what makes you stop. When starting to move forward on a wet road, don’t push the gas too hard, you can lose control. Also, be sure to leave a bigger following distance than normal because it will take longer for your vehicle to stop in the rain and if you have to slam the brakes, you might not stop at all, just slide right into the car in front of you. I know that when you leave a bigger following distance, people assume they can cut you off, and I gotta tell you, I’ve had a lot of close calls. I don’t like that people try to fit their vehicle into spaces that aren’t big enough for everyone to feel comfortable with the lane change, but they do it anyway. Nowadays I just take my foot off the gas and back off, creating my following space so that I can feel safe.

3) People tend to drive faster than appropriate. In highschool I drove my mother’s minivan into school one morning. I remember it was the first time I was driving by myself in the rain. I was going 35 mph down the street in front of my school. That street is actually a main road and has a speed limit of 45 mph except when students are present (I had a zero period class, so no kids were around). Suddenly a little white sports car gets out from behind me, zooms up real fast, and gets in front of me. I get into the parking lot just as he and his mom are switching places and it turns out to be a friend of mine. He teased me mercilessly all day long saying I drove 10 mph down the road. At the time I just let them laugh and said that it was better than going 60 mph, but I also kept justifying it in my head by telling myself it was raining.

Face it, when it’s raining and yucky out, people don’t want to be driving. They want to get to their destination faster and get out of the rain. They want to be home where they can get warm and curl up with a good computer (Book? What’s a book? lol). But something many people and most kids don’t understand is that the speed limit is the fastest speed allowable under PERFECT conditions. When it is raining and very dangerous to be flying down the freeway at 60 mph, you could very well get ticketed.

I know it’s hard to not feel the pressure to go as fast or faster than those around you, but you should NEVER drive faster than what you feel is SAFE! (Whether or not it’s raining) Remember that going too slow can also be dangerous. The best way to get home safely is by moving with the flow of traffic, keeping a good following distance, and having your lights on.

Any other tips for driving in the rain? I can use all the help I can get. I am just not comfortable with driving in bad weather. I am just thankful I don’t have to drive in snow! What about you?

Originally posted at InjuryBoard by Amber Wheat