DISTRACTED DRIVING LEADS TO CRASHES

Happy Halloween, everyone!  As the holidays approach, we at GoLaw.com hope you have a fun and stay safe. Thank you to AAA, AccidentDataCenter.com and GoPersonalInjury.com for this month’s Driving Safety Article: Friends or phones: Distracted driving a factor in 6 out of 10 teen crashes

Friends or phones: Distracted driving a factor in 6 out of 10 teen crashes

New idea for keeping teens safe: lock them up until they're 25.

OK, maybe that's not reasonable. But in a new report published by the AAA Foundation for Traffic Safety, analysis of nearly 1,700 videos finds that 6 out of 10 moderate-to-severe crashes with teen drivers are caused by a distraction—either friends or phones. The foundation calls it "the most comprehensive research ever" into distracted teen driving. Teens in the U.S. have the highest crash rate of any group, and the AAA report shows that distraction is a much bigger problem than previously realized. Forbes writes,

For the study, researchers analyzed the six seconds leading up to a crash in 1,691 videos of teen drivers taken from in-vehicle event recorders. The results showed that distraction was a factor in 58 percent of all crashes studied. Previous estimates by the National Highway Traffic Safety Administration (NHTSA) indicated that distraction is a factor in only 14 percent of all teen driver crashes, the group said.

This is a jump from 1 in 10 to 6 in 10, indicating a huge public safety issue. While most countries have a minimum driving age of 18, the U.S. minimum age remains at 16 (or 15 with learner's permit). While many states have enacted laws about how many teens can be in a car at once, this research indicates that more states may want to follow suit—or pursue stronger laws—in the future. The Insurance Institute for Highway Safety says that, on average, graduated licensing reduces teen crashes 10-30 percent, and they even have a calculator where you can determine how graduated teen driving laws could lower rates of teen fatalities in your state. 

Motor vehicle crashes are the leading cause of death for teenagers in the U.S., and the AAA report is telling us that most of them may be preventable through tougher restrictions on teen driving. Will legislators listen? 

YouTube Video by AAA: Distracted Teens Crash Causation

New research by the AAA Foundation for Traffic Safety into distraction and teen crashes. (Courtesy AAA)

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YouTube Video by AAA: 58% percent of Teen Car Crashes Involve Distractions

A new study exposes a disturbing trend among teen drivers. AAA reports distraction was a factor in nearly six of 10 moderate or severe accidents involving teenagers. Car crashes are the leading cause of death for American teens. Wyatt Andrews reports from Washington with the sobering statistics.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

Safe Motorcycle Riding Tips VIDEO

Watch this excellent Motorcycle Safety “Behind the Handlebars” Video by BlinkyCab on YouTube!

HOT TIPS FOR MOTORCYCLE RIDING SAFETY:

1.) DISTANCE

Always keep enough distance in front of your motorcycle and the vehicle in front of you.  It is also good to keep “Space Cushions” in the lanes to your left and right so as not to get boxed in by traffic.  Keep Safety Space around you and your bike at all times.

2.) LANE POSITION

Because a Motorcycle is smaller than a car, you have a choice of choosing between three (3) positions of your lane: left, center, and right.  Choose your safest lane position by paying close attention to traffic and your surrounding environment. Generally, It is best to avoid the center of the lane as it may be slick or slippery since that is where most vehicles leak fluids.

3.) BLIND SPOTS

Stay out of the Blind Spots of other drivers on the road.  Many vehicles have an area of the road that is difficult to see from the driver’s position.  These “Blind Spots” are usually about 45 degrees behind the driver’s left and right sides, and should be avoided by Motorcyclists.  Always make sure the other drivers on the road can see you!

4.) SHOULDER / MIRROR CHECK

Use the Shoulder and Mirror Check technique early and often to check your blind spots so that you can remain aware of vehicles driving close to you and your motorcycle. Make it a habit to check before changing lanes… EVERY TIME!

5.) SPEED

Every road has a speed limit.  Always obey the posted speed signs.  Drive Smart.  Drive Safe.  Arrive Alive!

6.) EXPECT THE UNEXPECTED

Don’t get comfortable with how other cars and trucks on the road might be driving.  Always Drive Defensively.  Protect yourself at all times by staying alert and safe!

7.) UNSAFE LOADS

Unsafe Loads: Be alert for pickup trucks and Big Rigs that may have loose loads and unsecured items. A ladder or a loose box could cause a very serious collision for a motorcycle or scooter.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

CALIFORNIA WRONGFUL DEATH LAW

You may have heard the term “Wrongful Death”, but how much do you know about the State of California’s Laws regarding the negligent death of an Adult?  According to LegInfo.Ca.Gov, The Code of Civil Procedure Section 377.60 - 377.62 states that a Wrongful Death is defined as: “A cause of action for the death of a person caused by the wrongful act or neglect of another”.  Basically, “Wrongful Death” allows a deceased accident victim’s family to seek damages and compensation under California Law.

The AccidentDataCenter.com’s article What Every Family Needs To Know About A Wrongful Death Case states: ”When someone is killed because of the carelessness or misconduct of another person, the surviving members of the victim's family may bring a "wrongful death" lawsuit.  Wrongful death lawsuits can also be filed against Corporations and Governmental Agencies for their negligence… (and) may arise out of a number of situations, for example: Automobile Accident, Defective Product, or Medical Malpractice.”

WrongfulDeathCaseLaw.com’s Ultimate Guide Article asks: “COMPENSATION CANNOT BRING MY LOVED ONE BACK. WHY SHOULD I SEEK IT?”

While no amount of compensation can restore a lost life, and no award of damages can replace the love you received from a family member who died, Monetary Compensation — an award of money — is the method by which our civil justice system dispenses justice. If you are entitled to compensation, there are several reasons why you should seek it.

• Replacing Financial Support of the lost loved one
• Deterring future misconduct and negligent acts
• Promoting product safety
• Personal satisfaction / Closure

Compensation in a Wrongful Death Lawsuit may help to cure the Financial Loss of losing a loved one.  Medical and Funeral Expenses, Lost Prospect of Inheritance, and Loss of Support and Services are all weighed by the court to provide a “Fair and Just” compensation to the surviving family.  In some states, Punitive Damages may also be awarded in cases of serious or malicious wrongdoing to punish the defendant and deter others from repeating similar bad behavior.

The Statute of Limitations is the time limit for bringing a Wrongful Death Lawsuit and varies from state to state.  One state’s statute of limitations might only be one year, while another’s might be as long as three years, so it’s very important to Contact an Accident Injury Attorney in your state early to determine your legal rights.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

How Hitches Affect Rear End Collisions

It’s time for another one of our Driving Safety Tips from your friends at GoLaw.com

Did you know that your vehicle’s Trailer Hitch has the ability to Increase the Risks of Injury to you and your occupants? The impact of a Rear End Vehicle Collision can cause painful injuries including soft tissue damage, and can be much worse on occupants if a trailer hitch is installed since it is attached directly to the frame.  Most modern vehicles are designed to protect their passengers from the impact energy of a Car Crash with "crumple zone” safety features.  However, when the hitch is inserted into the receiver so the "g forces” (Forces of Gravity increase the injuries) are transferred directly to the frame of the vehicle and the occupants bodies, there is the possibility for greater trauma since the impact could not be absorbed in the crush zones. For this same reason, it is typical to see the Property Damage be less severe with a lower cost to repair than it would have been had no hitch and ball been installed in the receiver.

As reported in the National Safety Commission Alert: “the most frequent vehicle accident (in the United States) is the rear end collision” and “a vehicle equipped with a receiver hitch (tow bar) increases the risk of whiplash by 22% if it is hit in the rear”.  According to the article: “A receiver hitch completely changes the crash dynamics.”

Continuing: “It has been shown that the occupants of the "target" vehicle will move forward at 2.5 times (or more) then that of the "bullet" vehicle. So a small 5 mph impact will send the occupants of the target vehicle flying forward at 12 – 13 mph – certainly enough force to hurt people. This change in acceleration or "Delta V" is what influences Whiplash.”

Interesting Rear End Vehicle Collision facts:

• Approximately 75% of all rear end collisions are less than 10 mph, and Low speed Rear End Collisions (less than 10 mph) accentuate the Whiplash more than High speed ones.
• 94% of all rear end collisions occur on straight roads while 56% of all rear end crashes are straight on.
• Only 14.2% of the people that hit you in the rear will miss your receiver hitch entirely.
• 48% of the people that hit you in the rear – are not slowing down.
• 80% of all rear end collisions are caused by driver inattention.
• Women are twice as likely to end up with a whiplash injury as Men.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

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If you or one of your family or friends are involved in a car accident, motorcycle wreck, slip and fall, or other injury producing event caused by the negligence of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

Have a Safe and Happy Halloween 2014

Have a Safe and Happy Halloween 2014!  Thank you to PedBikeInfo.org and About.com/Health for these Safety Tips for Pedestrians.  

PedBikeInfo.org posted an excellent article on Pedestrian Safety:

Be Safe and Be Seen: Make yourself visible to drivers

• Wear bright/light colored clothing and reflective materials.
• Carry a flashlight when walking at night.
• Cross the street in a well-lit area at night.
• Stand clear of buses, hedges, parked cars, or other obstacles before crossing so drivers can see you.

Be Smart and Alert: Avoid dangerous behaviors

• Always walk on the sidewalk. If there is no sidewalk, walk facing traffic.
• Stay sober; walking while impaired increases your chance of being struck.
• Don't assume vehicles will stop. Make eye contact with drivers, don't just look at the vehicle. If a driver is on a cell phone, he or she may not be paying enough attention to drive safely.
• Don't rely solely on pedestrian signals. Look before you cross the road.
• Be alert to engine noise or backup lights on cars when in parking lots and near on-street parking spaces.

Be Careful at Crossings: Look before you step

• Cross streets at marked crosswalks or intersections, if possible.
• Obey traffic signals such as WALK/DON'T WALK signs.
• Look left, right, and left again before crossing a street.
• Watch for turning vehicles. Make sure the driver sees you and will stop for you.
• Look across ALL lanes you must cross and visually clear each lane before proceeding. Even if one motorist stops, do not presume drivers in other lanes can see you and will stop for you.
• Don't wear headphones or talk on a cell phone while crossing.

A Health / Walking article on About.com adds:

- Don't get tripped: Tripping hazards are worse after dark. Uneven sidewalks, roots and rocks on trails, potholes and trash on the side of streets and roads - all can lead to a slip or fall. Walk with your eyes noting the ground 15 feet ahead to see upcoming hazards.

- Blinded by the light: As we age we lose our ability to see well in the dark and recovering after having headlights shine in your eyes. Choose a path where you won't have frequent changes in the lighting level. Do not look straight into oncoming headlights.

If you or a member of your family or friends are involved in a pedestrian or bicycle vs. vehicle accident–collision, or other injury producing event caused by the negligence of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

Motorcycle Crash Compilation Video

Use extra caution when driving a Motorcycle.  Whether riding a street bike, road bike, or dirt bike, make sure to keep distance between you and other vehicles and always drive defensively!  Take a look at these Motorcycle Collision Videos on Social Media.

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— Mark A Doughty Law (@DoughtyLaw) August 25, 2014

If you or a member of your family or friends are involved in a motor vehicle accident–collision, or other injury producing event caused by the negligence of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

GoLaw.com Auto Accident Articles

Have you been injured in an auto accident, car wreck, or motorcycle crash?  GoLaw.com is here to hep you find a Personal Injury Attorney near you.  Read our Auto Accident Articles to get more information.  If you have any questions, call 530-674-1440 to get a Free Legal Consultation.

The following BLOGs may be helpful to you in researching your Auto Accident case:

Cancellation of Auto Insurance for Nonpayment of Premiums

The mandatory nature of motor vehicle insurance in the United States means that the system under which cars and trucks are insured involves a three-part relationship among the vehicle owner or operator, the insurer, and the government of the state where the car or truck is located. The heart of the auto insurance business relationship, though, is the policy of insurance, a bilateral contract under which the insurer agrees to provide the requested insurance coverage on a vehicle and pay valid claims and the insured agrees that he or she will in return pay the premiums due under the policy. When an insured fails to make timely payment of the premiums or fails to pay them at all, the insurer's ultimate recourse is to cancel the policy for nonpayment of premiums.

Comparative Fault in Automotive Products Liability Cases

Tort law is the branch of the legal system that deals with cases in which an individual or other legally recognized entity, such as a corporation or governmental unit, seeks to recover damages from another person for a private injury or wrong not arising out of a contractual relationship. Tort actions are often based on the concept of negligence, which the law generally defines in such a context as the failure to meet the standard of care required to avoid subjecting another to unreasonable risk of injury. Under traditional tort law principles, if the plaintiff in such a case was found to have been guilty of what is called contributory negligence, which is generally defined as a failure to use due care that contributes to the plaintiff's own injury, the plaintiff would be barred from recovering any damages from the defendant. More recently, many courts have adopted a doctrine called comparative fault or comparative negligence in deciding such cases.

Manufacturer Defenses in Automotive Products Liability Cases

The basic elements of proof that a plaintiff has to establish in a products liability action against the manufacturer or seller of a motor vehicle are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when the vehicle was put to its intended use and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the loss or damage for which the plaintiff seeks to recover damages. Vehicle defects can include shortcomings in the design of a vehicle, mistakes in the manufacture of its component parts or in their assembly into a complete car or truck, and failure to warn the purchaser or operator of a risk inherent in the use and operation of the vehicle. Manufacturers have a number of defenses available to them in seeking to prevent a plaintiff from succeeding in an automotive products liability action.

Intentional Injury Exclusion in Auto Insurance

When a vehicle is involved in an automobile accident, the conduct of an insured may activate the automobile insurance policy's exclusion for intentional injury. Intentional injuries include suicide and assault, among other acts. Even though some states require automobile insurance companies to provide statutory minimum coverage, the companies may exclude coverage for intentional injuries. The intentional injury exclusion prohibits an insured, which caused an intentional injury to himself or herself or to another person, from recovering insurance benefits for that injury. This is a common exclusion in automobile insurance policies. Further, most no-fault statutes contain intentional injury exclusions.

Tort Liability of Owners/Operators of Private Motor Vehicles

While the owners and operators of private motor vehicles sometimes think of their possession of auto insurance as totally eliminating any potential tort liability on their parts, such owners and operators remain subject to the tort system to the extent that their insurance coverage does not encompass part or all of their legal liability for an incident that has caused personal injury or property damage to another person. Such a situation can arise, for example, where a court judgment reflecting injury or damage caused by an insured private vehicle owner or operator exceeds the limits of his or her policy, or where the insured's failure to provide required notice to an insurer or cooperate in the defense of a legal action causes the insurer to assert that it is not required to provide coverage for the loss under the policy.

If you or a member of your family or friends are involved in a motorcycle accident–crash, or other injury producing event caused by the negligence of others, call the Law Offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, click http://GoLaw.com