San Francisco Personal Injury Lawyer - Automobile Accidents - Most Commented

Toyota Floor Mat And Gas Pedal Defects--Do They Cause Wrongful Deaths?

Claude Wyle — Wed, 28 Oct 2009 22:11:47 GMT

Federal highway safety inspectors have released new details of a fatal car crash that triggered Toyota Motor Corp.'s largest recall, including a finding that the Lexus ES 350 sedan involved had a gas pedal design that could increase the risk of its being obstructed by a floor mat.

Although Toyota has previously said that the floor mat was improperly installed and may have trapped the accelerator pedal, the latest report by the National Highway Traffic discloses new details, including the fact that the brakes were heavily damaged, possibly due to a design defect in which the Lexus ES braking system loses power-assist when the throttle is fully opened. As consumer lawyers, we investigate whether these defects may have caused other collisions.

Further information indicates that the car was on loan from a Lexus dealership and that the driver may not have been aware how to turn the car off or whether there were other measures he could have taken after the pedal got stuck.

As personal injury attorneys (change to dangerous products attorneys) , we often see the tragic results of poorly designed cars and trucks. The car dealer owed a duty to provide a safe car, however this story shows that we cannot always rely on those whom we believe we can trust. Before driving an unfamiliar vehicle, you might want to inspect the vehicle to determine whether the floor mats are installed properly and whether there is any condition that might interfere with the accelerator or brake pedals.

The Los Angeles Times is reporting that last month, Toyota announced the largest recall in its history, asking drivers of 3.8 million Toyota and Lexus vehicles to remove their floor mats until a permanent remedy is devised. The recall affects the following Toyota models:

2007 – 2010 Camry
2005 – 2010 Avalon
2004 – 2009 Prius
2005 – 2010 Tacoma
2007 – 2010 Tundra
2007 – 2010 ES350
2006 – 2010 IS250 and IS350

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

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

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

More Seat Belt Use Has Reduced Wrongful Deaths

Claude Wyle — Fri, 23 Oct 2009 11:13:23 GMT

I am happy to report that more Americans are buckling up than ever before, with 83 percent of vehicle occupants using seatbelts during daylight hours, according to the U.S. Secretary of Transportation

More and more Americans are realizing that the mere seconds it takes to buckle up can mean the difference between life and death, and acting accordingly. Whether it is minor accidents close to home or high profile incidents like the death of Princess Diana, which probably could have been prevented with the use of seatbelts, the message is getting across.

The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 270 lives are saved for every one percent increase in belt use. Acting NHTSA Administrator David Kelly said a contributing factor for such historically high seat belt use is high-visibility law enforcement efforts, such as the Department’s “Click It or Ticket” campaign.

According to the report, 84 percent of passenger car occupants are buckling up. Even more people, 86 percent, are buckling up in vans and SUVs while pickup truck occupants buckled up 74 percent of the time.

The report finds that safety belt use increased or remained level in every region of the country, with the highest use being reported in the West (93 percent), and the lowest in the Midwest and Northeast (79 percent). The South reported 81 percent.

The report reveals that states with primary belt laws are averaging about 13 percentage points higher for seat belt use (88 percent) than states with secondary laws (75 percent). In primary belt law states, officers can issue a citation for a seat-belt violation alone. In secondary law states, seat belt citations are allowed only after a stop for another violation.

The report also notes that belt use on expressways is now at an estimated 90 percent while belt use on lower-speed “surface” streets remains at 80 percent.

Seat belt use and other data are collected annually by NHTSA as part of the National Occupant Protection Use Survey (NOPUS). The latest survey, conducted in June of 2008, involved daylight observations of vehicle occupant behavior at more than 1800 sites nationwide.

Click here to see the latest seat belt report.

And, as always, if you are involved in an accident, and were injured through the fault or neglect of another, consult a personal injury attorney. No attorney can take away your suffering, but there might be a way to compensate you for losses you’ve suffered.

Originally posted at InjuryBoard by Claude Wyle

Oakland Pair Killed in Monterey County "Truck versus Automobile" Crash

Claude Wyle — Wed, 14 Oct 2009 13:04:19 GMT

The California Highway Patrol is still investigating a truck versus car head on collision on Highway 101 that killed two Oakland-area residents in Monterey County last Saturday, October 5, 2009.

Daniel O'Neill, 51, and Carrie Lynn Oakeshott, 52, died after their Honda Accord was hit head-on by the driver of a Ford F-150 who claims to have “lost control” of his vehicle. Before colliding with the Accord, the truck rolled, jumped over a Chevrolet Corvette and crossed the center divider of Highway 101 just south of Dumbarton Road.

While the CHP is still investigating the truck accident, responsibility for this wrongful death seems clear at first. We hope that the families of the survivors are soon able to find out precisely why the truck driver “lost control,” either from eyewitnesses, accident recreation specialists or perhaps the driver himself. This truck driver needs to be made accountable for the wrongful deaths he has caused, and these families should consult with a wrongful death attorney. If the roadway is also a contributing factor or the truck was defective, then the surviving families should also explore a claim for dangerous roadway or products liability. While lawsuits cannot bring back loved ones, making all those parties who contributed to the loss accountable helps to deter future bad conduct.

Originally posted at InjuryBoard by Claude Wyle

I-80 Crash Brings Attention to Avoiding Rear-End Collisions

Claude Wyle — Tue, 26 May 2009 22:58:15 GMT

Despite the fact that rear-end collisions are the most common type of car accidents, injuries from such accidents are typically less severe than those in other types of wrecks, specifically head-on crashes. Unfortunately, this statistic didn't hold true this holiday weekend when a Vallejo man died Monday after being rear-ended by an Apria Healthcare delivery truck on I-80.

CHP Sgt. Jason Hekker said Benito Ramos was driving eastbound in the outside lane when the blue delivery truck driven by Ronald Riker, 22, of Vacaville, struck the back of the Toyota.

The impact smashed the Toyota's rear, pushed the car to the right and through a bush and chain link fence.

Riker was momentarily distracted before striking the car, Hekker said. Witnesses told officers he was "traveling at a high rate of speed," he added.

This tragedy reminds us that in order to avoid rear-end collisions and reduce the number of accidents and people harmed on our roads, it is important to remember seveal key steps. Among them:

Pay very close to your driving when following another car. Avoid distractions like your cell phone.
Watch for shrinking distance between your vehicle and the car in front of you.
Leave a safe distance between you and the vehicle you are following. A good guideline is the "two second rule" - leaving at least two seconds between you and the car ahead.
Watch for brake lights several cars ahead of the one you are following. This can increase your response time.

If we all pay more attention to the other cars around us and take the advice found above and in the video below, hopefully sad events like this can be reduced, and California's highways will be safer.

http://www.youtube.com/watch?v=Sc9WaFcIXRU

Originally posted at InjuryBoard by Claude Wyle

Six Students Die in SoCal Car Crash

Chrissie Cole — Fri, 20 Feb 2009 04:34:00 GMT

A fiery car crash claimed the lives of six people, including five foreign students, in Santa Barbara County on Thursday night.

The driver of the Toyota Land Cruiser, Jeanne Ostrowski, 19, was seriously injured in the accident and remains in critical condition at Marian Medical Center, the California Highway Patrol said.

The vehicle, traveling from Los Angeles to San Francisco, veered from the left lane of US Highway 101 into the center divider, about 140 miles northwest of Los Angeles.

According to a witness, it appears the driver over-corrected, causing the SUV to hit the median before zooming back across the lanes when the vehicle struck a tree, rolled over and burst into flames. The force of the crash ejected two passengers from the vehicle.

While officials have not released the identities of the other victims, pending family notification, they did confirm they were students of the Embassy Center for English studies in San Francisco.

Alcohol does not appear to be a factor. An investigation is being conducted by the CHP Coastal Division Multi-Disciplinary Accident Investigation Team based in San Luis Obispo.

Originally posted at InjuryBoard by Chrissie Cole

San Francisco Summer's Epidemic of Muni Crashes Demonstrates Need for Greater Accountability

Claude Wyle — Thu, 04 Sep 2008 17:29:04 GMT

When 14 people were recently injured in San Francisco as a result of a recent crash between two historic street cars in San Francisco, the survivors did not know that this Muni crash was the third Muni rail crash in the last two months, and that the same Muni operator had been warned, nearly an hour before, not to follow too closely. San Francisco has a policy that streetcars should travel a block apart, because they need that much space to slow down safely. Clearly this procedure was not being followed at the time one streetcar crashed into another, so where is the accountability?

Another rear-end collision had occurred on June 14, and involved two Muni light-rail vehicles (LRVs) on King Street near Pac Bell Park, resulting in 16 injuries. Muni’s investigators determined that the operator of that rear train was speeding.

Also, a cable car which derailed July 13, caused personal injuries to four passengers, after both the gripman and the conductor had gotten off to push the cable car, and couldn't reach the brake before the cable car sped up and jumped the tracks.

Muni operations have acknowledged that they need to "re-emphasize safe operating practices." and that more has to be done to improve the safety of the Muni trains in San Francisco. Despite paying lip service to safety, the San Francisco Muni’s record for crashes and injuries caused to motorists and pedestrians, as well as their own passengers, is not improving. The only way to get the City’s attention is to make the City fully accountable for all the harm that they are causing. The civil justice system, through Muni accident attorneys, is the only system truly able to assure accountability and 100% responsibility.

Originally posted at InjuryBoard by Claude Wyle