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." »

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. " »

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 " »