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Claude Wyle of San Francisco firm Choulos Choulos & Wyle receives “Superb” rating

Claude Wyle — Fri, 04 Dec 2009 15:24:17 GMT

Claude Wyle of San Francisco firm Choulos Choulos & Wyle receives “Superb” rating

San Francisco, CA--Claude Armand Wyle, a partner with the law firm Choulos Choulos & Wyle, a renowned San Francisco personal injury law firm, has received a “Superb” rating from Avvo.com, based upon his experience, professional conduct, and industry recognition, that is, in the opinion of other lawyers in the community.

Mr. Wyle said, “This rating is very important to me, because Avvo.com is not a paid site.” In other words, Claude’s rating is a result of his achievements, not the result of paid advertisements or an insiders’ network.” Avvo’s new approach to ratings, is also very impressive, according to Mr. Wyle, because it allows former clients to comment on their experiences. “Although client input is not part of the rating system, it is important to consumers, because it helps to convey a sense of the lawyer’s style and approach,” Wyle said. In addition to this “superb” rating among all San Francisco personal injury attorneys with Avvo.com, Mr. Wyle also has an A. V. Rating through Martindale Hubbell, which ranks him as among the top 5% in the country, and the law offices of Choulos Choulos and Wyle is ranked also among the top 1% nationwide. Claude Wyle has also been named a “Superlawyer” by San Francisco Magazine for the last several years and is the author of numerous articles involving all aspects of litigation. He is also a frequent speaker on the topics of automobile, motorcycle and bicycle accidents and dangerous roadway cases.

Originally posted at InjuryBoard by Claude Wyle

Cribs are not the only dangerous product- Cords on window blinds can choke or strangle a child

Claude Wyle — Tue, 01 Dec 2009 19:38:54 GMT

I wrote last week about the recall of Stork Craft cribs. That recall was prompted by the four infant deaths from suffocation caused by a badly designed product—the drop side crib. While I applaud the media attention given to these infant deaths from defective products, I want to make sure that everyone is aware that there are many additional dangerous products.

For example, in November of this year, a 2-year-old Maryland boy, Thapelo Kwofie, was strangled after his head became entangled in window cords.

In fact, according to the Consumer Product Safety Commission, about one child dies each month from strangling in cords from blinds or shades. Manufacturers of defective blinds have recalled 5 million window treatments – which the agency lists among the top five "hidden dangers" in the home – in just the past few months.

For the first time, the safety commission now recommends using only cordless window treatments in any home where there is a danger of death of a child by such an accident, including where children live or visit, such as a grandparent's house or day care center.

As defective product attorneys, we join Parents for Window Blind Safety in urging you to inspect all the window blinds in your home. Even many blinds that were considered safe in recent years have been found to be dangerous.

How to make window treatments safer

1. Install only cordless window treatments in all homes where children live or visit, especially in children's bedrooms.

2. Move all cribs, beds and furniture away from windows.

3. If not using cordless shades, cut the ends of pull cords, so that the loop can't form a noose.

4. Don't allow cords to dangle. Wrap cords around a hook that's high off the floor out of a child's reach.

5. If using Roman shades with hidden strings on the back side, raise the shades high enough so children can't reach them.

Free safety kits to retrofit window blinds are available at windowcoverings.org.

Sources: Consumer Product Safety Commission, Window Coverings Safety Council

Originally posted at InjuryBoard by Claude Wyle

Infant Suffocation Deaths result in Recall of 2.1 million Stork Craft Cribs

Claude Wyle — Mon, 30 Nov 2009 15:58:05 GMT

We learned earlier this week that more than 2.1 million drop-side cribs by Stork Craft Manufacturing of Canada are being recalled after reports of four infant suffocations. What troubles me is that while the Stork Craft name is being broadcast, many people still don’t know that the dangerous cribs which are being recalled date back to 1993 and nearly 150,000 of the cribs carry the Fisher-Price logo. In total, the Consumer Product Safety Commission has said the recall involves 1.2 million cribs in the United States and almost 1 million in Canada, where Stork Craft is based.

Even more troubling in this case is that the CPSC has admittedly not acted swiftly enough to recall these cribs. Further compounding the problems with the cribs is that they are often passed down from child-to-child within a family and from family-to-family throughout communities. In most cases, original model numbers have long since been lost or forgotten. The recall efforts therefore must be more strenuous before more children are hurt or killed by these defective products.

As defective product attorneys, one of our goals is to eliminate dangerous products from the marketplace and we are happy that the government is finally taking the necessary actions. Unfortunately, as this case demonstrates, we simply cannot rely on the government to ensure that defective products are redesigned or taken out of production. If you or a loved one has been injured as a result of a defective product, please consult an attorney who specializes in the area. Not only may there be compensation for you and your family, but it might also prevent other families from enduring the same tragedy.

Originally posted at InjuryBoard by Claude Wyle

Two Sentenced in Auto Fatality Crash That Killed Berkeley Students

Claude Wyle — Mon, 30 Nov 2009 15:48:24 GMT

More than four years after three UC Berkeley graduate students were killed in a high-speed crash, the two Oakland men responsible were sentenced last Friday.

Eric Barnes, 28, and Stanley Jacks Jr., 25, were convicted last month of three counts of vehicular manslaughter. The July 16, 2005, crash killed Giulia Adesso, 26, Benjamin Boussert, 27, and Jason Choy, 29, all graduate students in the College of Chemistry at UC Berkeley. Barnes and Jacks were sentenced to eight years and eight months in prison, the maximum sentence.

There was a delay in sentencing because the California Highway Patrol was had been unsure of how the accident happened. Researchers at UC Berkeley's Safe Transportation Research and Education Center ultimately used sensors embedded in Interstate 80, where the auto fatality occurred, to establish that Jacks and Barnes were racing and that both cars were traveling at more than 100 miles per hour.

Barnes's and Jacks's reckless driving caused a nearby big rig to lose control, collide into the center divider and then catch on fire, Morgan said. From there, the truck traveled into the opposite lanes of traffic and collided with the car carrying the trio of students.

I have mixed feelings about this sentencing. While harsh in some senses, I, like the sentencing judge, am moved by the severity of the accident and the horrible way in which these young people died. I also hope that this sentence makes other young “racers” stop and think, if not about ruining the lives of others, about ruining their own lives with such reckless conduct.

My heart goes out to the families of the victims. Once again, I hope that the families got good legal advice. Even though families find comfort when offending criminals have been sentenced, nothing will bring their loved ones back. The only thing that will help the families in any tangible sense is a civil lawsuit. Even if the responsible parties have little or no insurance, as is often the case, there could be other insurance, including your own uninsured motorists’ coverage, which may help offset some of the financial consequences. If you are in an accident with an underinsured or uninsured driver, please see a wrongful death attorney.

Originally posted at InjuryBoard by Claude Wyle

Woman hit, killed in crosswalk on Geary Boulevard

Claude Wyle — Sat, 21 Nov 2009 11:11:35 GMT

A 70-year-old woman walking across Geary Boulevard at Ninth Avenue was killed Thursday morning when the driver of a white van hit and killed her while making a left turn.

This was the 23rd pedestrian traffic fatality in San Francisco this year. The crash happened about 8:15 a.m. when the van, heading south on Ninth Avenue, turned onto eastbound Geary Boulevard and hit the woman, police spokesman Officer Samson Chan said.

The victim was identified as Jon Kong, a resident of the Richmond district. Kong was taken to San Francisco General Hospital with life-threatening injuries after she was hit by a car and was pronounced dead shortly afterward, Chan said. No one else was hurt.

Transportation for America’s nationwide survey found the San Francisco region, which includes Oakland and Fremont, is second only to New York for the highest percentage of traffic deaths among major cities in the country. As bike accident attorneys, we think this is unacceptable, but what can be done? Here are some suggestions from sf.streetsblog.org:

Use police reports analyze a large sample of recent fatal pedestrian accidents with the Pedestrian and Bicycle Crash Analysis Tool (PBCAT). PBCAT is a software application designed to assist state and local pedestrian and bicycle coordinators, planners, and engineers in addressing pedestrian and bicyclist crash problems.
Compile the actual investigative follow-up from the crashes -- were charges filed, were other countermeasures recommended or implemented?
Condense the results into a report that breaks out the most common factors, outcomes and recommended countermeasures.
Convene a pedestrian safety summit with NJ DOT, Traffic Safety, law enforcement, elected officials, pedestrian safety experts and transportation planners all at the table.
The summit would then generate a list of recommendations and goals for the state and local governments to implement.
Follow up with an evaluation of the process. Did the recommendations actually contribute to reducing pedestrian deaths?

These are all excellent suggestions; please join us in an effort to convince city officials to take some of these steps and save lives.

Originally posted at InjuryBoard by Claude Wyle

Can we prevent another fatal crash on Bay Bridge?

Claude Wyle — Mon, 16 Nov 2009 20:50:36 GMT

Most of us have heard the tragic news of the big rig driver who failed to negotiate the recently installed “S” curves in the Bay Bridge. A truck driver from Hayward died on Monday after he lost control on that portion of the bridge; he died when his truck crashed through the barrier on the upper section onto Yerba Buena Island 200-feet below.

In the wake of this latest automobile accident—there have been about 40 crashes on the "S" curve section since it opened in September—Caltrans plans to install a sign that shows drivers how fast they're going. The speed limit on the temporary span now drops from 50 miles per hour to 35 miles per hour. According to the CHP, excessive speed was blamed for the fatal crash.

Reducing the speed is certainly a step in the right direction, but is more to be done? As truck accident attorneys, our goal is to reduce the number of accidents and fatalities on our roadways each year, so we are thinking of other methods that could make the “S” curves safer. One additional measure might be so-called “rumble” dots—the dots across the road that alert drivers to dangerous conditions in the road. Increased signage would also help. In the meantime, please be alert as you travel the Bay Bridge.

Originally posted at InjuryBoard by Claude Wyle

Runaway Toyota Cases Ignored

Claude Wyle — Sat, 14 Nov 2009 10:25:00 GMT

Safety investigators dismissed numerous reports of sudden acceleration, then said data were lacking.

I am sure many of you were shocked to learn that since 2001, more than 1,000 Toyota and Lexus owners have reported that their vehicles suddenly accelerated on their own. In some cases, the runaway Toyotas slammed into trees, parked cars and brick walls, among other obstacles.

The crashes resulted in at least 19 wrongful deaths and scores of injuries over the last decade. Federal regulators say that is far more than any other automaker has experienced.

Luckily, owner complaints have helped instigate at least eight investigations into sudden acceleration in Toyota and Lexus vehicles by the National Highway Traffic Safety Administration in the last seven years. Unfortunately, Toyota Motor Corp. recalled fewer than 85,000 vehicles in response to two of those probes, and the federal agency closed six other cases without finding a defect.

But, and here is what I find distressing, those investigations systematically excluded or dismissed the majority of complaints by owners that their Toyota and Lexus vehicles had suddenly accelerated, which sharply narrowed the scope of the probes.

For reasons that are not now clear, Federal officials eliminated several categories of sudden-acceleration complaints, including those in which drivers said they were unable to stop runaway cars using their brakes; incidents of unintended acceleration lasting more than a few seconds; and reports in which owners did not identify the possible causes of the problem.

Meanwhile, fatal crashes involving Toyota vehicles continued to mount and the statistics are not good for Toyota: NHTSA records show that a total of 15 people died in crashes related to possible sudden acceleration in Toyota vehicles from the 2002 model year and newer, compared with 11 such deaths in vehicles made by all other automakers.

The Los Angeles Times is reporting that it located federal and other records of 19 fatalities involving Toyota and Lexus vehicles from the same model years in which sudden or unintended acceleration may have been a factor, as well as more than 1,000 reports by owners that their vehicles had suddenly accelerated. Independent safety expert Sean Kane, president of Safety Research and Strategies, said he has identified nearly 2,000 sudden-acceleration cases for Toyota vehicles built since 2001.

Other experts say the numbers may be far higher, pointing to a 2007 NHTSA survey of 600 Lexus owners that found 10% complained they had experienced sudden acceleration.

Most sudden accelerations did not result in a crash, but there were notable exceptions. Bulent Ezal, a retired engineer, plunged 70 feet off a Pismo Beach cliff into the Pacific Ocean surf. He was hospitalized with minor injuries, but his wife of 46 years was killed.

"By the time they pulled me out, the tide was about to cover the car," Ezal said.

He said his 2005 Camry had suddenly accelerated in a parking lot.

In its research, The Times examined thousands of federal defect investigation records, complaints filed with NHTSA by Toyota and Lexus owners, lawsuits against the company, and reports by independent safety experts and local police agencies.

For its part, Toyota is blaming the latest incident on an incorrectly installed floor mat that jammed the accelerator pedal. The company announced a recall of 3.8 million vehicles in September and is designing a fix aimed at preventing sudden acceleration caused by floor mats.

What scares me is that this recall is not addressing other potential problems, including electronic engine control system or cruise control system. So, if you have a Lexus or Toyota on the list below, please be aware of these issues and see an attorney, possibly even a “runaway Toyota attorney” to evaluate your case and determine whether Toyota may be liable for your damages.

The recall affects the following Toyota models: the 2007-2010 Camry, the 2004-2009 Prius, the 2005-2010 Avalon, the 2005-2010 Tacoma and the 2007-2010 Tundra, as well as the 2007-2010 Lexus ES 350 and the 2006-2010 Lexus IS 250 and IS 350.

Originally posted at InjuryBoard by Claude Wyle

Wisconsin considers texting while driving—Concerned about automobile accidents

Claude Wyle — Fri, 13 Nov 2009 18:27:00 GMT

Wisconsin State senators are set to begin debate Tuesday whether to ban texting while driving for people under age 18 because of the higher rate of automobile accidents in that group. Wisconsin would become the tenth state with such a law if it passes. The states which currently ban texting while driving are Arizona, California, Colorado (eff. 12/09), Connecticut, District of Colombia, Illinois (eff. 1/10), Louisiana, Maryland, Minnesota, New Hampshire (eff. 1/10), New Jersey, New York (eff. 11/09), Oregon (eff. 1/10), Tennessee, Utah, Virginia and Washington

Why is texting while driving so dangerous? While every phone is different and every person is different, driving schools and law enforcers agree that an average text with a simple message takes about ten seconds. During those ten seconds, you could cover a quarter of a mile on the highway.

More easily understood, after about five seconds of texting you travel about the length of a football field. During an average text, that’s about two football fields, which is a significant distance. That distance is especially significant for inexperienced drivers such as teens, who, according to the Cellular Telecommunications Industry Association, may send close to 80 messages per day.

No one knows exactly how many accidents have been caused by “texting while driving” but in one tragic incident five young women died in a collision with a tractor trailer in Rochester, New York a week after graduating high school. Police discovered the teenage driver had been texting moments before the crash. What do we take away from this? While it is a step in the right direction to ban texting while driving, it is important for each of us to be aware of the distracting things we do while driving. So many of us treat our cars as rolling living rooms—phone calls, music, food, texts, even DVDs—that we forget the inherent danger.

If you are in an accident where cell phone or text usage was a factor, please see a personal injury attorney for advice on whether there is a responsible party who can compensate you for lost wages, pain and suffering, or medical expenses.

Originally posted at InjuryBoard by Claude Wyle

Bus crash injures 19 people in Los Angeles

Claude Wyle — Wed, 11 Nov 2009 18:11:56 GMT

They say that misery loves company, and if so, this might be one of the few times that San Francisco loves LA. A Los Angeles county bus collided with another vehicle last week in the Silver Lake neighborhood of Los Angeles, injuring 19 people, one critically.

San Francisco has had more than its share of Muni accidents, the latest of which involved an inbound L-Taraval smashing into an outbound K-Ingleside at the West Portal Station this July. In that accident, 4 people suffered severe injuries and 43 suffered moderate to severe injuries.

Fortunately, the Los Angeles accident was slightly less serious. Apparently the accident involving a Metropolitan Transportation Authority bus happened around 6 p.m. Friday. Ten people were taken to the hospital. One person was reported to be in critical condition. The other injuries were described as minor to moderate.

As personal injury attorneys, we are always distressed by accidents involving common carriers such as Muni. One of our main concerns is that the trauma may cause you to forgo your rights. When an injury is caused by a Muni bus, streetcar or cable car, a claim must be brought against the City within six months of the date of the accident. Know your rights!

Originally posted at InjuryBoard by Claude Wyle

Stuck Floor Mat Survival Strategies – How to Avoid a Collision

Claude Wyle — Tue, 10 Nov 2009 14:03:05 GMT

Recent reports of stuck accelerator pedals causing crashes and Toyota’s auto recall has caused many to question whether or not a vehicle’s brakes are powerful enough to overpower the engine to stop a vehicle, and what you should do if you are ever in that situation. While most experts agree that a typical consumer car engine won’t be able to overpower the car’s brakes when the car is stopped, what happens at speed is another question. Consumer Reports decided to put this question to the test.

Consumer Reports found that several German cars with so-called “smart-throttle” technology will electronically ignore the throttle input if the brake pedal is depressed. With such cars, they accelerated to 60 mph and then hit the brakes with the throttle pedal still planted to simulate a condition where the floor mat might have stuck it in place. Despite the engine open to full-throttle, they were able to safely slow to a stop.

They then tried a Toyota and a Chevrolet without smart-throttles. At 20 miles an hour, the cars did stop, but took a lot of time and effort. At 60 mph before they slammed on the brakes. Braking was very difficult because the engines downshifted and tried to maintain speed. By the time the car slowed to about 10 mph, the brakes had faded so much that the car was not able to come to a complete stop. If the driver had less strength or was traveling at higher speeds, the results could have been tragic.

So what should you do if the car you are driving has a stuck accelerator pedal? Put the car in neutral. In each one of the cars Consumer Reports tested, they were able to push the gear lever into neutral and stop the car quickly. Because all modern engines have “rev limiters” that prevent the engine from over revving and damaging the engine, you can safely shut off the engine after you come to a stop. Please note, however, that Consumer Reports does not advise shutting off the engine while still driving. While this would allow you to stop, you lose power steering and will have trouble maneuvering the vehicle due to the extremely heavy steering.

As defective automobile attorneys, our most important mission is to prevent harm, especially harm that can be prevented. So, next time you are in your car, take a few moments to familiarize yourself with the gear system. Find the neutral position and make a mental note so that if you are faced with an emergency such as a runaway vehicle, you will be prepared to take action.

Originally posted at InjuryBoard by Claude Wyle