San Diego Personal Injury Lawyers Blog

The Highway Loss Data Institute reports that a recent study determind that texting-related crashes did not decrease in those states which passed laws banning texting while driving. Rather, the texting bans were found to be associated with an increase in the number of insurance claims filed for collision damage in vehicle crashes.

The HLDI study compared collision claim rates in the months before & after texting while driving was banned in Washington, California, Louisiana, and Minnesota with the claim rates in nearby states that don't currently have texting laws. A previous HLDI study uncovered similar results for bans on driving while talking on a hand-held cell phone.

This evidence may indicate that texting laws are ineffective, and that other measures to decrease texting while driving should be explored.

Texting While Driving & Accidents

Texting and driving is not only dangerous, it's against the law in California. Senate Bill 28, enacted on September 24, 2008, "prohibits a person from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication."

New legislation has been introduced that could increase the fines for sending text messages and talking on handheld cell phones while driving. On June 23, 2010, California Senate Bill 1475 was passed, which would add one point to a driver's driving record.
The bill also strengthens California's hands-free and no-texting laws for motorists. The new law also extends to bicyclists. SB 1475 now moves to the State Assembly for consideration.

We all know about the dangers associated with texting while driving. Even Oprah Winfrey has joined the cause, ending each of her shows with a request that her viewers sign her pledge to not text and drive. It would be great to see ALL states implement a ban on texting while driving. Many lives would hopefully be saved and many auto accidents would probably be prevented.

Sources: Insurance Institute For Highway Safety, Highway Loss Data Institute

Continue reading "Prohibition Of Texting While Driving Has Not Reduced Crashes ~" »

Spinal Cord Injury (SCI) is damage to the spinal cord that results in a loss of function such as mobility or feeling. Frequent causes of damage are trauma (auto accidents, gunshots, falls, etc.) or disease (polio, spina bifida, Friedreich's Ataxia, etc.). The spinal cord does not have to be severed in order for a loss of functioning to occur. In fact, in most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning

Motor vehicle accidents are the number one cause of spinal cord injuries. We advise that you wear a seat belt every time you are in a motor vehicle. If children are traveling with you, make sure that they are are properly buckled into a child safety seat, booster seat, or seat belt as appropriate for their age and size.

The second leading cause of SCI is violence, most often related to the use of firearms. Keep firearms and ammunition locked in a cabinet or safe when not in use.

Prevent falls using a step stool with a grab bar to reach objects on high shelves; install handrails on stairways; install window guards to keep young children from falling out of windows; and use safety gates at the top and bottom of stairs when young children are present.

Play sports safely. Make sure to wear all required safety gear, and never engage in head-first moves, such as spearing (in football, using the helmet to tackle) or sliding head-first into a base. Avoid hitting the boards with your head in ice hockey. Insist on spotters when performing new or difficult moves in gymnastics.

These safety tips are presented in order to educate you about the inherent dangers leading to spinal cord injuries. For more information about SCI, click on our web site.

Continue reading "Preventing Spinal Cord Injuries ~" »

Yesterday, the U.S. Transportation Department reported that the number of people killed in automobile crashes relating to driver distraction declined last year, but the problem remains an epidemic for motorists in the United States.

The Transportation Department said 5,474 people were killed in 2009 in crashes which involved distracted driving ~ a 6% decline from the 5,838 people killed in 2008. Distraction-related deaths accounted for 16% of all traffic fatalities in 2009, the same percentage as in 2008. The latest data came as the overall number of highway deaths dropped in 2009 to its lowest level since 1950.

Transportation Secretary Ray LaHood said the problem of drivers failing to keep their eyes on the road ~ often due to operating cell phones, mobile devices, or other forms of distraction ~ remains an epidemic. He also said that the data could be the "tip of the iceberg," because many police reports don't document whether distraction was a factor in vehicle crashes, making it difficult to know the full scope of the problem. Today, Mr. LaHood is kicking off a second national summit on distracted driving. He has pushed all states to adopt tougher laws against texting while driving & other forms of distractions.

Sixteen percent of drivers under the age of 20 involved in fatal crashes were reported to have been distracted while driving. Young drivers were the highest proportion of distracted drivers involved in fatal crashes compared to people of other ages.

The Obama administration has prohibited federal employees from texting while driving on government business, and also has banned commercial bus and truck drivers from texting behind the wheel.

Thirty states & the District of Columbia prohibit drivers from texting behind the wheel. Eight states have passed laws barring drivers from using hand-held cell phones. Legislation is pending in Congress to force all states to ban texting while driving.

Continue reading "Deaths From Distracted Driving Down In 2009 ~" »

CNN reports that the commuter rail system Metrolink and its former train operating contractor, Connex Railroad, are in settlement negotiations with the families and victims of a 2008 deadly crash. The defendants are offering to pay $200 million in settlement monies, which is the liability cap for passenger rail accidents under federal law.

Twenty-five people were killed in the crash, and more than one hundred were injured on September 12, 2008, when a commuter train collided with a Union Pacific freight train in Chatsworth, California. Federal investigators determined that the commuter train's engineer, a Connex employee, was sending text messages merely seconds before the crash.Texting While Operating A Motor Vehicle

Texting and driving is dangerous and is against the law in California. Senate Bill 28, enacted on September 24, 2008, "prohibits a person from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication."

New legislation has been introduced that could increase the fines for sending text messages and talking on hand-held cell phones while operating a motor vehicle. If California Senate Bill 1475 is passed, it would add a point to one's driving record. The new law is also extended to include bicyclists.

Continue reading "Deadly California Rail Crash Plaintiffs In Settlement Negotiations ~" »