San Luis Obispo Personal Injury Lawyer

High Death Rate for Young Drivers Who Don't Wear Seatbelts

Susan Devine — Tue, 20 May 2008 15:25:30 GMT

The National Highway Traffic Safety Administration reports that sixty-eight percent of drivers and passengers between the ages of 16 and 20 who were killed in car crashes at night in 2006 were not wearing their seatbelts. The statistics for daytime drivers are not much better: 57 percent of the young motorists who were killed were reported as not wearing seat belts.

Of course, the threat of serious injury or death by not wearing a seatbelt is not limited to teenagers. For adults up through the age of 44, 60 percent of drivers and passengers were reported as not wearing seatbelts, for adults 55-64, that number declines to 52 percent, and adults older than 64 the number declines to 41 percent.

Police agencies around the country have embarked on the popular "click it or ticket" campaign to raise awareness. Anyone caught not wearing a seatbelt will be ticketed and fined.

The news is not all bad, however, as the NHSTA reports that seatbelt use is rising slowly. Nationwide, 82% of drivers and passengers were wearing their seatbelts in 2007 compared with 81% in 2006.

If you are the driver of a car, insist that your passengers wear their seatbelts. If there is a passenger under the age of 16 who is not wearing a seatbelt, the driver can be fined up to $340 for the first offense and $870 for the second offense.

Originally posted at InjuryBoard by Susan Devine

Sudden Onset Illness Causes Auto Accident

Nigel Whitehead — Tue, 20 May 2008 11:03:35 GMT

What happens when a driver of a car suffers a sudden and unexpected medical condition, such as a heart attack, which causes him to lose control of his car resulting in an accident? In California if the accident was caused by a sudden onset illness which the driver had no reason to suspect he may be able to escape liability when he injures another in the ensuing accident. KSBY is reporting that a driver with very low blood sugar crashed near Highway 1 in Lompoc. The driver apparently tried to slow, but crossed the road into the wrong lane before crashing.

If this accident caused injury to another would the driver be civilly liable? It depends. If the driver had no reason to expect that he could suffer from low blood sugar, then he may very well not have been negligent. However, this driver was reported to be diabetic. If the driver was aware of his medical condition he would have been obligated to take reasonable steps to ensure that he wasn't driving with low blood sugar.

Similarly, if you have a history of seizures, whether or not you should be driving will be a question of fact. It is a more difficult question when a driver suffers a heart attack when driving thus causing an accident. What if the driver knew he had coronary heart disease, high cholesterol, high blood pressure and a family history of cardiac arrests? Should that driver stay off of the road? It will depend on what the medical experts say. If the cardiologist testifies that while the driver was at risk, there was no way to reasonably suspect a heart attack, then the driver may escape liability. On the other hand, if the testimony is that the driver was a "heart attack waiting to happen", then it may very well have been unreasonable for that driver to be behind the wheel of a car.

In these case understanding the medical evidence will be critical in determining civil liability.

Originally posted at InjuryBoard by Nigel Whitehead

Kids and the Law

Nigel Whitehead — Thu, 15 May 2008 10:57:20 GMT

Curfew? Drugs and Alcohol? Driving? School? If you have children and have every had a legal question concerning their rights, or your obligations, the State Bar of California has an excellent free resource for you called "Kids and the Law - An A-Z Guide for Parents" You can download the pamphlet free from the State Bar web site.

Did you know, for example, that if a child under 18 - or his companion - causes an automobile accident while drunk the parents may be guilty of a misdemeanor if they provided, or aided the minor in getting the alcohol? Did you know that all children under 18 must wear a helmet when riding a bike? Or that you must be 16 to operate a motorized scooter?

The rules for new drivers are different than when we got our licence. Did you know that for the first 12 months a new driver cannot drive with a person in the car who is under 20 years-old unless there is also a person in the car who is over 25 years-old? Or that a new driver cannot drive at all between 11:00 pm and 5:00 am?

There a lot of rules that we need to know as parents. I encourage you to take a look at this free pamphlet.

Originally posted at InjuryBoard by Nigel Whitehead

Actavis Totowa Recalls Digitek (digoxin) tablets

Susan Devine — Wed, 14 May 2008 18:05:30 GMT

On April 25, 2008 Actavis Totowa LLC, a manufacturer of generic medication, issued a Class I nationwide recall of Digitek, a generic form of digoxin tablets. The company's press release can be found here. The products are distributed by Mylan Pharmaceuticals, Inc. under a "Bertek" label and by UDL Laboratories under a "UDL" label. The FDA is aware of the recall.

Digitek is used to treat heart failure and abnormal heart rhythms and the voluntary recall was issued because at least some of the tablets that were released were oversized and could contain at least twice the level of active ingredients than is appropriate.

It has been reported that some individuals have been seriously injured as a result of taking the wrong sized tablets. Consumer attorneys are working on lawsuits in the hopes that those who have been injured will be compensated and to help ensure these kinds of mistakes do not happen again. If you have been injured as a result of taking this medication, or even if you are not sure, contact your doctor immediately. And if you have questions about your legal rights, contact a local attorney.

Originally posted at InjuryBoard by Susan Devine

Ford Explorer Rollover Accident in Pismo Beach

Nigel Whitehead — Tue, 13 May 2008 10:49:08 GMT

The San Luis Obispo Tribune is reporting that on Monday afternoon there was another Ford Explorer rollover accident, this time in Pismo Beach, CA. Highway 101 southbound traffic was slowed for more than an hour. Even those who thought they could beat the traffic by taking Shell Beach road (like me) were held up for over 30 minutes.

The driver of the Ford Explorer, Ismael Venegas was southbound with his three passengers when a car made an unsafe lane change into his lane. Venegas swerved to miss the car, but his Ford Explorer became unstable and rolled over.

This may at first read seem like a case of simple driver error. However, the Ford Explorer has been the subject of massive tort litigation over its dangerous propensity to rollover, even with reasonable driver input. The National Highway traffic Safety Adminstration has released an excellent Power Point presentation on their research. You can download a free Power Point viewer here if you don't have Power Point on your computer.

Early investigation is critical in any potential case against Ford. We have handled a number of lawsuits against Ford and know firsthand that early investigation into tire type, tire size, air pressure, and the general mechanical condition of the vehicle are all very important if a successful claim against Ford is to be made.

Originally posted at InjuryBoard by Nigel Whitehead

Automobile v. Motorcycle Collision in San Luis Obispo

Nigel Whitehead — Mon, 12 May 2008 19:53:51 GMT

The San Luis Obispo Tribune is reporting that this afternoon a car driven by a Santa Maria woman, Rebecca Peter-Chmielnic struck a man riding a Harley-Davidson motorcycle. The man was reportedly taken to a local hospital with a serious leg injury. It seems that Ms. Peter-Chmielnic was on her way to the DMV office in San Luis Obispo when she turned left in front of the motorcycle rider. After the accident Ms. Peter-Chmielnic was cited for failure to yield to oncoming traffic, and for driving on a suspended licence.

Our firm has handled several bicycle and motorcycle cases where the riders suffered serious leg injuries in collisions with automobiles. The reason is obvious - there is simply no protection to a rider's legs. Hopefully, the rider is wearing a helmet, but short of leathers, there really is no commonly used leg protection. The Society of Automotive Engineers - SAE - has conducted research on the types of leg protection that could be used on motorcycles. Unfortunately, many of the leg protection systems researched actually increased the risk of other type of injuries, including head injuries.

Obviously, the best way to avoid a serious leg injury is to avoid the accident all together. First and foremost, a driver must be aware of riders on the road. As a rider, we all know that we must assume that the driver of the car doesn't see me and that I must be ready to do everything possible to avoid a collision. It's much easier said than done and not always possible. The National Highway Traffic Safety Adminstration devotes considerable time and energy to research involving motorcycle accidents. There are literally hundreds of resources available to assist riders in avoiding collisions.

Please ride safe. And drivers - watch for riders!

Originally posted at InjuryBoard by Nigel Whitehead

Santa Maria Man Killed in DUI Collision

Nigel Whitehead — Mon, 12 May 2008 11:35:31 GMT

KSBY is reporting that on Friday night an 83 year-old man, Walt Williams, was killed when an SUV driven by a suspected drunk driver crossed over into William's lane, hitting him head-on. The 27 year-old driver of the SUV was critically injured in the wreck. According to a friend, Mark Payne , Williams was vibrant man, with many interests and even more friends.

Anytime a loved one is killed it is a tragedy for family and friends. It seems, however, that there is an even a deeper hurt when the accident was avoidable. An accident caused by a drunk driver is the result of a choice made to drink and drive. Call a cab, a friend, walk, use a designated driver - anything to avoid driving drunk.

There are numerous private and public entities devoted to stopping drunk driving. Perhaps best known is MADD (Mothers Against Drunk Driving) The National Highway Safety Administration recently presented its annual safety awards to those devoted to promoting highway safety. One of the recipients was Robert Crane, M.D., chair of MADD. In fact, the NHTSA has an entire division devoted to stopping impaired driving.

Drunk driving is a crime in every state. In California the legal limit for drunk driving is a Blood Alcohol Concentration of .08%. Despite the laws drunk driving statistics remain frightening. The NHTSA reports that today 34% of all fatal highway accidents involved at least one driver with a BAC greater that .08%. This number is down from over 50% in the 1980's but it is still far too high.

Please do your part. Make wise choices. Stop a friend from driving drunk. Report suspected drunk drivers to law enforcement.

Forget .08%. Think of another percentage - 34% of all highway deaths involve a drunk driver. That's a number that should sober up any drunk driver.

Originally posted at InjuryBoard by Nigel Whitehead

Mysterious P.E. Class Pool Drowning Claims Life of Atascadero High School Student

Ray Mattison — Sat, 10 May 2008 20:43:50 GMT

During a game of "bucketball", 17 year old Junior, John Erlanson, was discovered unconscious in the shallow end of the school pool. As an attorney who has handled many cases involving the wrongful death of children, I have yet to meet a parent in this situation who has not said: "I would gladly trade my life for his if it would bring him back."

According to his sister, Casey, John was the youngest of four and the only male. He grew up in Atascadero and loved the Central Coast. He planned to go to Cuesta College and transfer to Cal Poly, the State University in San Luis Obispo County.

How John drowned in a pool with 30 other students present during a supervised class is a mystery, a story well covered by the local paper, the Tribune.

The Center for Disease Control says an average of 6 people drown each day. Drowning is the 4th leading cause of accidental death in the U.S. Out of the 4000 annual casualties, one third are children under the age of 14.

Many of these tragic events are preventable and cause pool operators to change their practices. Often actionable negligence is involved and litigation ensues.

5,000 children under 14 are hospitalized for near drownings each year. Of those 15% die in the hospital and about 20% suffer permanent neurological disability.

The Foundation for Aquatic Injury Prevention and other organizations have great and proven techniques which would at least reduce the number of these tragedies (for every fatal drowning four are hospitalized).

Originally posted at InjuryBoard by Ray Mattison

Proposed Law to Ban Driving with Pet in Lap (Seriously)

Nigel Whitehead — Thu, 08 May 2008 18:48:19 GMT

Legislation was recently passed 44 - 11 in the California Assembly that would ban DUIPIL -Driving Under the Influence of a Pet in Your Lap. See the text of Assembly Bill 2233 here. It's remarkable to think that we would really need such a law, but we still see people driving down the street driving with their little yapper perched proudly in their lap.

Who would do such a thing?

I wrote last week about yet another accident caused by an inattentive driver getting into an accident while driving with her pet in her lap. I hope the Senate passes the bill, the Governor signs it and it becomes law. (You remember how a bill becomes a law, right? Remember Schoolhouse Rock - How a Bill Becomes a Law?)

I only wish the proposed $35.00 fine would be higher. And a second offense would require the driver to purchase and use a diamond studded fur lined custom made doggie seat-belt for Fluffy. Or just let Barney drive.

Originally posted at InjuryBoard by Nigel Whitehead

Ban on Phthalates Takes Effect in California January 2009

Susan Devine — Wed, 07 May 2008 13:28:08 GMT

Last October 2007, California Assemblywoman Fiona Ma introduced legislation to ban the use of phthalates in California. The law was passed by the California Legislature and will take effect in January 2009. Essentially, the new law prohibits any product made for young children that contains more than one-tenth of one percent of phthalates from being made or sold in California.

So what are phthalates? Phthalates (pronounced "thay-lates")are chemicals that are used in plastics to make them soft. They are found in a wide variety of products including children's toys, shower curtains, dashboards . . . you name it. It is almost impossible to figure out what products contain phthalates however, as most manufactures do not divulge this information. Four types of phthalates are known reproductive toxins.

Various scientists and consumer organizations are opposed to the use of this chemical because they believe it can have serious adverse health effects on humans. The European Union agreed and banned the use of the chemical. Industry representatives disagree and argue the amount in most products is so low that there is no health risk. According to Mark Shapiro, who has written about the issue, the EU is sending its rejected toys to the United States, where they are sold to our children.

An excellent overview of the issue is available by clicking on this link to an interview of Mark Shapiro by Terry Gross. I would urge you to listen to the interview and draw your own conclusions.

Originally posted at InjuryBoard by Susan Devine