San Diego Personal Injury Lawyers Blog

KTLA.com reports that studies show driving while texting is more dangerous than driving under the influence. Recent fatalities involving texting while driving occurred in 2007 when a New York high schooler and her for fellow cheerleaders were killed due to her slamming head-on into a truck, killing all of them. The 2008 Chatsworth train collision, in which 25 people died and more than 100 were injured, was officially attributed to the engineer of the Metrolink commuter train being distracted by text messaging.

Unfortunately, the laws applicable to the problem of texting while driving reflect vital misunderstandings about why cell phone use combined with a moving vehicle can be so deadly. This was a major topic at the Transportation Department's Distracted Driving Summit on September 21, 2010.

Studies reflect that texting while driving can be more dangerous than driving while swigging Jack Daniels. In a 2009 survey, Car and Driver magazine tested two of its staffers under a variety of conditions. It found that on average, driving at 70 mph, one man braking suddenly while legally drunk (0.08 blood alcohol content) traveled 4 feet beyond his baseline performance. However, when reading an e-mail while driving sober, he traveled 36 feet beyond the baseline result and 70 feet while sending a text. In the worst case - while texting - he traveled 319 feet before stopping.

66% of respondents to a 2007 Harris Interactive poll admitted they've texted while driving, even as 89% said it should be banned.

Not to mention that our youngest drivers, who already are in far more than their share of roadway accidents and deaths, text the most, according to government and insurance industry reports.

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, KTLA News.com

Continue reading "Text Messaging May Be Worse Than Drunk Driving ~" »

The state Office of Traffic Safety (OTS) released a new survey on Wednesday contending that southern Californians (including those of us residing in San Diego County) are only slightly worse that the rest of the nation when it comes to texting or talking on a cell phone while driving.

The state's study conducted in March and billed as the first-ever observational study, revealed that 9.8 percent of Southern Californians are texting or yakking.

OTS Director Christopher J. Murphy is quoted as stating: "This study is highly significant for California ... it gives us a base to measure against in years to come as we combat this serious threat to safety on our roadways."

In 2009, a federal study showed that approximately 9% of drivers nationwide were talking on cell phones or texting while driving.

The study included 130 intersections in 17 California counties, where observers took notes while observing 5,413 drivers holding phones to their ears, wearing a Bluetooth or headset device, or those who were texting.

In the first half of April - Distracted Driving Awareness Month - more than 20,000 drivers were ticketed for holding phones to their ears while driving, as well as for texting. The fine for a first offense is $159 and rises to $279 for repeat offenses.

Personal Injury & Wrongful Death Liability In Automobile Accidents

Unfortunately, sometimes people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible. Our San Diego personal injury law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to, so that they can move on with their lives.

San Diego County law enforcement has teamed up with El Capital High School in Lakeside to show teenagers the true dangers of driving and texting through an interactive obstacle course.

A few of the high school students were asked to drive through the course one time without texting, and the next time while texting. Student Justin Garcia was the first student to drive through the course. He said it was smooth sailing for him without using his phone, but after he had to answer a text message, he hit several cones and almost missed a turn altogether. Garcia said: "It was really hard ... it's definitely going to change my mind if I text or not, so I'm not going to be texting anymore."

National Teen Safety Driving Week

October 16-22, 2011 was dedicated to raising awareness and seeking solutions to unnecessary teen deaths on the road. Established by Congress in 2007 and held annually each third week of October, the goal is to focus the country's attention on this serious issue.

More than 250,000 teens are killed each year while texting and driving.

Texting-While-Driving Accident & Injury Liability

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. Wouldn't it 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.

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.

Sources: 10news.com, Insurance Institute For Highway Safety, Highway Loss Data Institute

Continue reading "Dangers Of Texting While Driving ~ San Diego Obstacle Course ~" »

KTLA.com reports that studies show driving while texting is more dangerous than driving under the influence. Recent fatalities involving texting while driving occurred in 2007 when a New York high schooler and her for fellow cheerleaders were killed due to her slamming head-on into a truck, killing all of them. The 2008 Chatsworth train collision, in which 25 people died and more than 100 were injured, was officially attributed to the engineer of the Metrolink commuter train being distracted by text messaging.

Unfortunately, the laws applicable to the problem of texting while driving reflect vital misunderstandings about why cell phone use combined with a moving vehicle can be so deadly. This was a major topic at the Transportation Department's Distracted Driving Summit on Sept. 21st.

Studies reflect that texting while driving can be more dangerous than driving while swigging Jack Daniels. In a 2009 survey, Car and Driver magazine tested two of its staffers under a variety of conditions. It found that on average, driving at 70 mph, one man braking suddenly while legally drunk (0.08 blood alcohol content) traveled 4 feet beyond his baseline performance. However, when reading an e-mail while driving sober, he traveled 36 feet beyond the baseline result and 70 feet while sending a text. In the worst case - while texting - he traveled 319 feet before stopping.

66% of respondents to a 2007 Harris Interactive poll admitted they've texted while driving, even as 89% said it should be banned.

Not to mention that our youngest drivers, who already are in far more than their share of roadway accidents and deaths, text the most, according to government and insurance industry reports.

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, KTLA News.com

Continue reading "Texting Worse Than Drunk Driving ~" »

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 ~" »

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 ~" »

When your family member's life is suddenly taken by the reckless or malicious conduct of another, did you know that you can file a wrongful death lawsuit & thus may be entitled to financial compensation?

There are two types of damages you are entitled to in a wrongful death action: (1) the expenses incurred because of your loved one's death; and (2) an amount of money decided upon by either the judge or jury in order to punish the defendant.

Compensatory Damages

These are monies awarded to the victim's family to compensate for:

Medical care

Funeral & burial expenses

Grief, stress, and loss of companionship

Income the victim would have earned had he/she lived

& Any other expenses brought about by the wrongful death

Punitive Damages

Punitive damages are money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.

Continue reading "Wrongful Death Damages ~ What Types Are Available?" »

Have you or a loved one been seriously injured in an accident in Cardiff-By-The-Sea? If so, you should consult with an experienced, aggressive attorney to find out what your legal rights are and what your next step should be.

Choosing A Cardiff-By-The-Sea Serious Injury Lawyer

After an automobile crash, dog bite attack, slip/trip-and-fall incident, bicycle injury, motorcycle injury, or any other event involving serious injury or the wrongful death of a loved one, it is very important to work with a law firm that specializes in personal injury.

The types of skills required to successfully handle a serious accident or wrongful death case are very specific. Don't be fooled by choosing a lawyer who dabbles in these types of cases, rather than one who handles them exclusively, as we do. Making a bad choice in getting the wrong attorney can be one of the most regrettable decisions you can make, and may significantly reduce the outcome you might otherwise be able to achieve.

Our Cardiff-By-The-Sea personal injury lawyers are experienced trial lawyers and have in excess of fifty years combined experience providing legal representation to serious accident victims in southern California, including San Diego, Riverside, San Bernardino, Orange, and Imperial Counties.

Have you or a loved one been seriously injured in an accident in Encinitas? If so, you should consult with an experienced, aggressive attorney to find out what your legal rights are and what your next step should be.

Choosing An Encinitas Serious Injury Lawyer
After an automobile crash, dog bite attack, slip/trip-and-fall incident, bicycle injury, motorcycle injury, or any other event involving serious injury or the wrongful death of a loved one, it is very important to work with a law firm that specializes in personal injury.

The types of skills required to successfully handle a serious accident or wrongful death case are very specific. Don't be fooled by choosing a lawyer who dabbles in these types of cases, rather than one who handles them exclusively, as we do. Making a bad choice in getting the wrong attorney can be one of the most regrettable decisions you can make, and may significantly reduce the outcome you might otherwise be able to achieve.

Our Encinitas personal injury lawyers are experienced trial lawyers and have in excess of fifty years combined experience providing legal representation to serious accident victims in southern California, including San Diego, Riverside, San Bernardino, Orange, and Imperial Counties.

Continue reading "Encinitas Serious Injury Lawyers ~" »

Do you talk on your cell phone while driving? Have you had a close call or caused an accident because you were talking on your cell phone? Have you been pulled over or ticketed for talking on your cell phone?
Friday, April 30th, has been declared as "No Phone Zone" pledge day by TV talk show hostess, Oprah Winfrey.

Everyone is encouraged to sign the "no phone zone" pledge in order to make our roadways safer. Minimizing serious injuries and fatalities to our motorists should be a number one priority.

Continue reading "Oprah's "No Phone Zone" Pledge Day ~ April 30th" »

A Texas jury has ordered a college student, Jason Reed Vestal, to pay more than $21 million in damages after finding him grossly negligent for texting while driving, causing a fatal crash. The unanimous verdict is one of the largest yet in a texting-while-driving lawsuit (Small v. Vestal, No. 08-01-18000-CV {Tex., Robertson Co. Dist. Ct. Mar. 17, 2010}). "This verdict sends a message loud and clear that the people of Texas will not tolerate this conduct," said Hunter Craft, a Houston lawyer representing the plaintiffs.

The victim's family wants to make texting while driving illegal in the state. The defendant driver made seven phone calls and sent fifteen text messages during the forty-five minutes he was on the road prior to the crash.

In 2007, Jason Reed Vestal was driving his pickup truck on Highway 6 near Calvert, Texas, when he crossed the center-line and hit the victim's car head-on. The crash killed the other driver, 21-year-old Megan Small, a Baylor University student. Also injured in the crash was Small's friend Laura Gleffe, driving her vehicle behind Small's. She was run off the road by Vestal's truck.

After evading all criminal charges, the Small family turned to civil court. The defendant, who is a graduate student at Texas A&M, declared bankruptcy at the start of the trial, so attorney Craft acknowledged that the verdict was largely symbolic. The Small family announced it would share any compensation collected with Laura Gleffe.

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. If California Senate Bill 1475 is passed, it would add a point to one's driving record. The new law also includes bicyclists.

Continue reading "Texting Driver Ordered By Jury To Pay Wrongful Death Damages" »

The National Highway and Traffic Safety Administration (NHTSA) has called for a nationwide ban of texting while driving. While some states, like California, have already banned texting while driving, and others are considering a ban or working towards one, there are other states who don't have any plans or framework to begin the process. This is where the NHTSA wants to help - it has developed a basic framework for these states to help get the ball rolling on a ban.

The NHTSA's framework includes the suggestion that any offender who is caught using their phone while driving should face a $75 fine, as well as punishments that would limit and hinder his/her driving privileges. The NHTSA's rules also suggest that if one of these cell phone-distracted drivers injures or kills someone in a car accident, that they be charged with a felony.

We all know the dangers associated with texting while driving. Even Oprah has joined the cause, ending each of her shows with a request that 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 be saved and many auto accidents would be prevented. The framework developed by the NHTSA will hopefully encourage more states to join the nineteen that have already banned texting while driving.

Continue reading "NHTSA Calls For Nationwide Ban On Texting While Driving" »