Sacramento Personal Injury Lawyer - Warning

Alarming Trend Puts Tahoe Bikers at Risk

John Demas — Fri, 31 Jul 2009 17:25:04 GMT

Lake Tahoe boasts 255 miles of mountain bike trails. These trails have been built to be fun and challenging, but were also designed to enable emergency vehicle access and protect the environment. When building these trails, the Forest Service considers environmental sustainability and the protection of historical resources. They build strong, sound features that will endure and take rider experience into account.

These trails can be a great way to explore the national forests and get out into nature. Many people who use the trails are weekend bikers, just there for the day. Others are professionals who want to practice and push themselves further. Whoever you are, these trails can be a fulfilling day of adventure. However, one wrong turn onto an illegal trail could land you in the hospital.

Officers with the U.S. Forest Service are growing concerned with the increasing number of illegal trails in the Lake Tahoe area. Officer Heck notes, “These are big trails with lots of jumps.” It would be easy for a rider to get hurt on a trail that is too difficult for them. Earlier this year a mountain biker crashed on one such trail and had to be airlifted to a local hospital with spinal cord and head injuries. These trails are sometimes very difficult to get to for emergency vehicles and riders take the risk that they will not receive medical treatment in a timely manner.

Fines for creating an illegal trail can be up to $5,000 and six months in jail. The builders will also have to pay to repair the damage done to the forest. So far this season only three illegal trails have been decommissioned. Regulation takes money and it is taxpayer dollars that are paying to take down these illegal trails.

With great increases in technology and equipment, mountain bikers yearn to push themselves and their bikes to new limits. Mountain biking has become more popular in recent years and th level of activity this year especially is significant. It makes sense that people would choose to enjoy a relatively free activity in these tough times.

Biking can be a very enjoyable pastime, but it is also dangerous and can turn into a nightmare in no time. Just remember to consider the following:

1) The forest belongs to everybody.

2) The National Forest Service is looking out for your best interest and safety.

3) Illegal trails can get you hurt, cost taxpayers a lot of money, and damage the environment.

4) If you are caught building an illegal trail you can be fined and jailed.

5) Always wear a helmet! Hopefully one that is CSPC or DOT approved.

Originally posted at InjuryBoard by John Demas

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

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

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

Maximizing Your Fun on the Ski Slopes

John Demas — Thu, 22 Jan 2009 19:26:58 GMT

When you have been working too hard during the gray winter months or just need a change of scenery, a quick weekend trip to the nearest ski slopes can seem like the perfect antidote for your blues. Unfortunately, far too many of us pack our bags and head out before first stopping to recall how long it’s been since we last skied or how well we did that last time around. Some of us even acquire temporary amnesia so we won’t have to confront the arthritis and other ills that might stop a saner or more conservative adult from even making the trip. If you still decide to go, ask the resort’s ski instructor to recommend the best exercises to prepare you for your upcoming trip.

Regardless of whether you’re an outright daredevil or a skilled skier aching to take a run down a powdery white slope between the most majestic green trees, it would be wise to review the following checklist before even heading out on another ski trip.

Purchase or Rent the Best Equipment If your boots and skis won’t part company after a sudden fall, you’d better think twice about even leaving the ski lodge. Check ahead of time to see if your resort offers special packages including top-grade ski rentals, as well as lodging and food. Also, be sure the resort you’re heading for keeps well-maintained ski lifts.

Lose the Daredevil Within. We’ve all seen young teenagers head out on the ski lifts after a brief or cursory skiing lesson. All too often, they just wind up landing on their derrieres, much to their embarrassment. Speeding down the steepest or most advanced slopes won’t make you any younger – and it could permanently prevent you from ever growing a day older.

Avoid Skiing at Daybreak or Dusk. If you can’t see at least several miles into the distance, go grab another cup of coffee since many of the worst skiing accidents occur when people just can’t see very well.

Dress Warmly and Apply Sunscreen. While there will always be those who think wearing a thick coat, warm hat and sunscreen makes them look childish, make your own decisions. Avoiding frostbite and an unwanted sunburn really is the adult thing to do.

Plan Each Trip Down the Mountain Wisely. Most of us wouldn’t accept a ride in a car with a known drunk driver. Try to avoid making a similar mistake by heading for the slopes with those known for taking major skiing risks. Otherwise, you may wind up being the victim of their carelessness

Make Sure Adequate Safety Patrols and Paramedics Are Readily Available It’s also wise to only ski at a resort or lodge located near a fully-equipped local hospital. If you have to be airlifted to a better facility, the lost time could make or break your chances for a full recovery.

Get Adequate Rest. Far too many injured skiers try to get in “one more run” down the slopes before they leave. Only head out for the slopes when you know your reaction time and eye-hand coordination is at its best.

It’s our hope that all of your ski vacations wind up being both restful and happy events.

Originally posted at InjuryBoard by John Demas

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

The Roads are Dangerous on Election Days

Amber Wheat — Wed, 01 Oct 2008 13:31:53 GMT

A new study published in today’s Journal of the American Medical Association compares the number of deaths and serious injuries in collisions on election days than to other Tuesdays in October and November and the results are clear. An average of twenty-four more people die and approximately 800 additional people get seriously injured.

Many things can cause accidents. I am not all that surprised that people under pressure to vote get distracted on the road. It’s a big decision. Even if you already know who you are going to vote for, you still worry that they won’t get in.

People also rush to and from their polling places early in the morning, on their lunch break, or after work. They have to vote around their work schedules which makes them in a hurry.

I am not about to give you any advice about how to relax about the presidential election and to not let it get to you, because that would be hypocritical. It gets to me. It really does. I feel like our society as whole rests on this election and I urge people to worry about it. Think about what kind of life you want and what kind of life you want for future generations. This election is very important and I’ll bet anything we’ll see an increase in deaths greater than the typical eighteen percent.

So, my advice is this... be defensive. Leave a large following distance between you and the person in front of you. Purposefully drive slower than normal (but still within the flow of traffic, of course). Be patient and review polling times so that you’re not rushing at the last minute to get your vote in (but do make sure to vote). The fact is people will get hurt on election day, please make sure it isn’t you or someone you love.

If you do happen to get injured or know someone who is injured in a collision, give us a call, we’re here to help.

Originally posted at InjuryBoard by Amber Wheat