California Injury Attorney Blog

The Associated Press reports that a bus operated by the Van Nuys, California-based company, Tierra Santa, Inc., rolled over on an interstate in Arizona and has left six people dead and 16 others injured.

Tragically, the bus was not operating legally. The Department of Transportation had not approved the operator to engage in interstate transportation of passengers using a commercial motor vehicle. It did so anyway.

The Federal Motor Carrier Safety Administration had denied the company's application to become a passenger carrier in December 2009. The bus crossed the border from Mexico into the United States at El Paso.

Why did this accident happen? We do not know that yet, but the investigation will determine the maintenance status of the bus as well as the driver's attentiveness at the time of the accident.

The accident occurred when the bus hit a pick-up truck, went off the shoulder, tried to move back onto the roadway and began rolling due to the overcorrection. This crushed the bus and several passengers were thrown from it. A second accident took place when another pickup tried to slow down as the bus was in trouble and a car hit that pickup.

The AP notes that federal investigators are already reviewing Tierra Santa's safety operations and confirms that it company never had federal operating authority.
Unfortunately, this could have been avoided had the operator followed the law.

On inspection last August, one bus was determined to be operating illegally and the federal government stopped its trip at that time. That vehicle had many safety issues. The officials are not sure whether that bus is the same vehicle involved in this recent accident.

Related Web Resources

Before you book a trip on a public carrier, such as a bus company, make sure that the company is licensed to carry passengers. Ask for their licensing information if you are uncertain. For more information, visit http://www.fmcsa.dot.gov.

Continue reading "Tragic Bus Accident Kills Six, Injures 16" »

The California Injury Attorney Blog wants you to be safe this spring as you get out on the road on your bike.

The California Department of Motor Vehicles (DMV) notes that every year thousands of people are injured and over 100 killed in bicycle accidents. These accidents can be caused by either the bicyclist's actions or the driver's actions.

As we approach the spring and summer months, here are some important reminders for both bicyclists and motorists. First and foremost, when riding a bike on a public road it is important to remember that the rules of the road apply to you as well as the drivers with whom you are sharing the road. The California Driver Handbook includes the rules and regulations you need to know.

Drivers beware. Before you turn right, merge into bicycle lanes or open doors next to traffic, remember to watch for bikes and respect their right of way.

Bicyclists be informed. Bicyclists should know the basic rules to keep safe which include maintaining control, reducing risk of head injury by always wearing a helmet, staying alert and visible, communicating your intentions and riding with motorists.

Bicycle control. There are several things to remember in controlling your bicycle. Make sure your bike "fits" you and is properly adjusted for your body. Why is this important? It is much easier to control a bike that is properly fit to your body. And when you are properly fit to your bike, you will be less tired while riding and feel more comfortable. Make sure to inspect your bike regularly so that it is working correctly as you ride and need to brake.

Do not drive a bike while under the influence. The California Vehicle Code (VC §21200.5) makes it unlawful to ride a bike while under the influence of drugs or alcohol. If you are under the age of 21, and over the age of 13 a conviction under this law will result in the suspension or the delay of your right to drive a car for one year.

Avoid serious injury -- wear your helmet Sometimes it is easy to forget that even a simple fall can cause a very serious injury. Protect your head and your fragile brain by wearing a helmet. Vehicle Code §21212 requires that bicycle riders under 18 years of age wear a bicycle helmet while riding on a public road. All bike riders should wear a helmet, regardless of age to avoid injury that could last a lifetime.

Enjoy your ride. Next post, we will share some additional things to remember as you get out on the road on your bicycle.

Related Web Resources

For more information on bike safety visit kidshealth.org where you can find all sorts of great information on keeping healthy and safe.

Continue reading "Spring to Safety (part 1) - Avoiding Bike Accidents & Injury " »

Despite the new challenges of distracted driving, we have a little something to celebrate.

The National Highway Traffic Safety Administration (NHTSA) recently reported that for the first three quarters of 2009 an estimated 25,576 people died in motor vehicle traffic crashes. There is good news in these numbers, since this is a decline of about 7.9 percent from 2008.

Amazingly, the third quarter of 2009 is the 14th consecutive quarter of declines in
fatalities, as compared to the same quarter from the previous year. In fact, traffic fatalities have declined steadily since 2005. Although vehicle miles traveled may have dropped slightly, the fatality statistics are generally positive.

Another area of vehicle safety showing positive results is seat belt use. The federal government's "Click it or Ticket" campaign appears to be paying off and saving lives.

The NHTSA reports that for 2009 seatbelt use was up. In 2009 seat belt use was at 84 percent, a gain from 83 percent use in 2008. These results are from the National Occupant Protection Use Survey (NOPUS) which provides nationwide probability-based observed data on seat belt use in the United States. The survey is conducted annually by the National Center for Statistics and Analysis of the NHTSA. Seat belt use has been increasing steadily since 1994, accompanied by a steady decline in the percentage of unrestrained passenger vehicle occupant fatalities.

The new challenge that counters these positives -- distracted driving.

The California Injury Attorney Blog will keep you posted on that emerging problem.

Related Web Resources

For more information on seat belt safety visit the NHTSA website.

Continue reading "Fatalities Down, Seatbelts Clicked." »

When the United States Department of Transportation AND Oprah are literally on the same web page, you know this is BIG. Distracted driving has erupted as a very dangerous impairment.

The California Injury Attorney Blog has commented on this in the past and joins the efforts to inform the public of these dangers by committing to post information on this issue on a regular basis.

It is not possible to emphasize enough the dangers of getting in the driver's seat holding a phone, surfing the web or texting. No matter how safely any individual believes he or she can do these things while driving -- the statistics show this is not the case. Not only that, but it is quite possible that in litigation the records of this behavior may well be captured.

So here we are at a crossroads in American driving history. And it is serious. The statistics are out for 2008, we know that nearly 6,000 deaths were caused by distracted driving.

Cars and phones, texting while driving are a lethal mix. Some states like California have outlawed the practice of texting or holding a phone while driving. Some states have not done a thing about it, despite the statistics.

The federal government says it heard "America's call to end the dangerous practice of distracted driving on our nation's roadways." Because driving and doing other things besides driving is potentially lethal to not only the driver, but pedestrians, other drivers and passengers the government has promised that it will not stop until it is ended.

The federal government's effort is leading the charge and they have created a website that has a constant feed on the issue. Spending only a few minutes on the site it becomes clear -- we are in a driving crisis in our country.

The collision now is between safe driving and the technologies we love. The moment of crisis has arrived and the message from Washington is -- Put it down.

Related Web Resources

For more information on the risks of distracted driving in a truck or other motor vehicle please visit the NHTSA.

Continue reading "America, This is Big. Stop Driving Distracted." »

It has been a great ride for Toyota Motor Sales (TMS) U.S.A., Inc. for many years. The brand is identified with quality and safety for their cars.

In the past few months, the ride has become rough as the beleaguered company struggles through motor vehicle recalls, a public relations disaster and now the onslaught of litigation.

First, there are the shareholder issues with alleged failures to disclose the acceleration design defect that has been known to the company for a decade according to a recently filed lawsuit. Another suit has been filed on behalf of a class of consumers that own Highlander, Lexus or Prius models. Another suit involves 2010 models of the Prius and the Lexus HS250h.

The recall of Toyota cars is vast. The company has called back millions of cars due to gas pedals that stick in the acceleration position and floor mat dangers. The famed Prius has been subject to a specific recall for 2010 models and brake issues.

Toyota owners should consult the Toyota website to determine whether their particular vehicle is subject to a recall. These recalls are for serious and potentially dangerous defects.

Related Web Resources

For more information about the Toyota recalls, please consult the recall link.

Continue reading "Taking the Hit -- Toyota Braces for a Rough Ride" »

Seat belts are intended for safety and most states require their use. But many people are not aware that seatbelts actually can cause injury, especially to children and the elderly, in auto accidents.

Recently, Ford announced that it has taken steps to improve rear seatbelt safety in auto accidents while also encouraging their use. To accomplish this, the company is introducing new inflatable seatbelts in the rear seat of the next generation Ford Explorer.

According to Ford, the new seatbelts will go into production in 2010. Ford also notes the new seat belts will be beneficial to passengers as they are designed to spread crash forces over five times more area of the body. This, they say, also reduces pressure on the chest and controls motion of the head and neck.

The company plans to introduce this technology in vehicles globally. Here's how it works.

Sensors first determine whether the collision is severe. If so, the belts inflate with cold compressed gas. The inflatable belt has an accordion bag that expands through the flat seatbelt fabric. These belts use cold air and inflate more slowly than a regular air bag. After they have been deployed, they slowly deflate.

Ford has been testing these belts for nearly a decade and believes they are ready to be used by the general public. We hope the new seatbelts will be successful in avoiding injury in motor vehicle accidents and will serve to protect the young and the elderly from seatbelt injury.

Related Web Resources

For more information on seat belt use and other motor vehicle safety issues, visit the National Highway Traffic Safety Administration.

Continue reading "When it comes to rear seat belts, Ford says inflation is good. " »

All over the United States, fertility clinics help individuals in their desire to become parents. Some are very successful. Some are not.

But one thing these clinics have in common is they are subject to very little regulation, if any, with regard to the handling of egg fertilization in the laboratory. The result of mishandling is often disastrous. In a case just filed by Hersh & Hersh on behalf of a San Francisco couple, a San Francisco fertility clinic created anguish by doing just that.

The National Law Journal online and law.com's newswire report on this recently-filed action, as well as a $1 million settlement in another case filed by Hersh & Hersh several years ago.

One of the plaintiffs in the case filed went through a great deal to get her eggs harvested for fertilization. Her husband donated his sperm. The harvesting was successful. The fertilization was thought to have been as well.

Then came the horrors. The couple was told that the lab had mistakenly fertilized some of the wife's eggs with another man's sperm. After the couple was told about this, the lab destroyed the embryos without the couple's consent and in violation of their agreement with the couple. The fact is, there were a limited number of eggs and resulting embryos that were viable at all.

With the high stakes and consequences of such actions, one wonders when fertility clinics will be regulated to ensure they properly handle all aspects of the process of fertilization. Hersh & Hersh hopes this will happen before more families suffer from avoidable errors in the laboratory.

Read more about the Aschero matter at nlj.com and lawyersandsettlements.com.

Continue reading "Fertility Clinic Sued for Heartbreaking Lab Mistakes, Embryo Destruction " »

The California Highway Patrol (CHP) is putting all drivers on notice that they must "buckle up, or prepare to pay up" if stopped by a California Highway Patrol
(CHP) officer on September 17, 2009. In fact, the entire week is devoted to ensuring that adults and children are properly buckled up in their cars.

Without restraint, there is serious risk of personal injury in the event of an auto accident of any kind.

The CHP has named the day: "Vehicle Occupant Restraint Day." It should be a very interesting day on the state's highways as officers will be paying specific attention to whether drivers and passengers are wearing seat belts.

"Seat belts are your first line of defense against injuries or death," said CHP Commissioner Joe Farrow. "If you're not buckled up during a crash, you could be thrown through a window or even crushed by a vehicle."

The statistics are very clear. Nearly one-third of passengers who were killed in automobile accidents in 2007-2008 did not use their seat belts. Wearing a seat belt has been shown time and time again to be a very significant factor in saving lives.

In 2008, the CHP wrote about 500 citations per day to drivers and their passengers who were not wearing seat belts.

This citation figure does not include the thousands of tickets written to motorists who did not have children restrained as is required by California law. Children younger than the age of six or who weigh less than 60 pounds, must also be properly buckled up in a child safety seat in the rear of the vehicle.

According to Commissioner Farrow, "The goal is to get motorists to buckle up, not just today, everyday." He urges motorists to make it a habit whenever they get into a vehicle, as a driver or as a passenger.

The Office of Traffic Safety made the funds available to the CHP for these efforts, including overtime for officers to focus on unbuckled drivers -- which in turn it is hoped will educate the public about the dangers of riding in any vehicle without a safety belt.

Continue reading "It's No Accident -- the CHP Looks for the Unbuckled This Week " »

When you think about it, you wouldn't try to balance your check book while driving, or catch up on your summer reading either. But we all see other drivers engaging in dangerous behaviors that are likely to cause accidents, including applying make-up or texting while driving.

Many states, including California have outlawed the use of handheld cellular phones and text messaging while driving. But some lag behind and allow this dangerous behavior to continue.

A great deal has been said and written about this subject recently. That discussion was prompted, in part, by studies performed by Virginia Tech's Transportation Institute. This institute is one of the preeminent transportation research institutions in the nation and it is dedicated to conducting research to save lives, save time and save money in the transportation field.

The study on the use of cellular phones included light vehicle and truck drivers and their manual use of these devices. It concluded that "manual manipulation of phones such as dialing and texting of the cell phone lead to a substantial increase in the risk of being involved in a safety-critical event (e.g., crash or near crash). However, talking or listening increased risk much less for light vehicles and not at all for trucks. Text messaging on a cell phone was associated with the highest risk of all cell phone related tasks."

The risks for light vehicles and cars is summarized as follows:

-- Dialing a cell phone makes the risk of crash or near-crash 2.8 times as high as non-distracted driving;
-- Talking or listening to a cell phone makes the risk of crash or near-crash 1.3 times as high as non-distracted driving; and
-- Reaching for an object such as an electronic device makes the risk of crash or near-crash 1.4 times as high as non-distracted driving.

The evidence is in. Don't risk your safety or the safety of others by engaging in these dangerous behaviors while behind the wheel.

Continue reading "Dangerous Behaviors -- Texting While Driving Can Be Catastrophic" »

In a very understated press release, Pfizer, Inc (no, it's not a typo there is no period after Inc in the Pfizer name) has just announced its settlement with the Justice Department. The headline reads "Pfizer Concludes Previously Disclosed Settlement Agreement with the U.S. Department of Justice Regarding Past Promotional Practices."

Contrast that with the AP headline "Pfizer to Pay Record $2.3 Billion Penalty Over Off-Label Promotions."

This is big. And no matter how the facts are spun, this is big.

As part of this settlement, Pfizer will pay a $1.2 billion criminal penalty. The largest criminal fine in United States history.

What happened? The government found that the company engaged in the promotion of four prescription drugs to treat medical conditions that had not been approved by federal regulators.

This meant that the company was selling these drugs, including Bextra, for uses that had not been approved by the FDA. Off-label use of drugs is not an uncommon practice. But drug companies are not allowed to promote their drugs for medical conditions for which those drugs have not been approved -- as occurred in this case.

Pfizer senior vice president and general counsel, Amy Shulman, stated that "corporate integrity is an absolute priority..."

But New York State Attorney General Andrew Cuomo had some choice words to describe the company's actions in this case. "Pfizer ripped off New Yorkers and taxpayers across the country to pad its bottom line," he said. "Pfizer's corrupt practices went so far as sending physicians on exotic junkets as well as wining and dining health care professionals to persuade them to prescribe the company's drugs for patients in taxpayer-funded programs."

As part of this settlement, Pfizer will pay $1 billion to compensate government healthcare programs such as Medicare and Medicaid. Six whistleblowers who first brought these practices to light will also share in the recovery in this matter.

Continue reading "What Price Off-Label? For Pfizer -- It's a Huge Penalty " »