The Weinberger Law Firm

Schedule a Free Consultation

(916)661-4464
mob-iconCall Us Now
Peerless representation.
Positive results.
banner-img-inner

Safety Tips to Follow This Halloween

The Weinberger Law Firm

by

Halloween is enjoyed by many Sacramento residents, both young and old. This is especially true when the spooky holiday falls on a Saturday like it does this year. But before you put on your costume and head out the door to celebrate, the California Highway Patrol has some safety tips to remind you of:

Use added caution when driving. There will be many trick-or-treaters out-and-about, especially between the hours of 5:30 p.m. to 9:30 p.m. Follow the posted speed limits and consider going even slower to watch for kids darting out into the roadway.

Put away all distractions. Whether you are driving or walking, it’s important to put away all electronic devices and focus on getting to where you are going safely. You will have time for a “selfie” in your Halloween costume once you arrive at your destination.

Use caution when trick-or-treating. Unfortunately, there will be many drunk drivers on the roadways Halloween night, so it’s more important than ever to be a cautious pedestrian. That means making eye-contact with drivers before crossing the street and only crossing at designated crosswalks and intersections.

Children should wear costumes that are safe. Instead of a mask that makes it difficult to see, encourage your child to opt for face paint instead. Costumes should also not be dragging on the ground or pose tripping hazards. Reflective tape and flashlights can make trick-or-treaters more visible to motorists.

Adults should chaperone children under 12. Although it may seem safe to send younger kids out in their own neighborhoods, safety officials say children 11 and younger should be accompanied by a responsible adult. In other words, not your 18-year-old nephew who may get into mischief himself.

With all of that said, have a fun and safe Halloween. Remember, if an accident should occur, the first call you make should be to 911. The second call you make should be to an experienced personal injury lawyer who can protect your legal rights and interests.

by

While our source article for this is five months old, the message it contains (and the lesson it imparts) is important enough that it shouldn’t matter when it was written.

The article is all about helmet cameras for bicyclists, and how these relatively new products are revolutionizing the way bicyclists keep themselves safe on the road. One case that the article references is a bicyclist who was riding along a road when he and a truck driver started to get into an altercation. It all culminated with the truck driver stopping, getting out of his truck and knocking the bicyclist off his vehicle, and eventually grabbing his helmet off his head.

The whole thing was caught on camera thanks to the bicyclist’s helmet camera, and when both he and the truck driver called the police, the video evidence was able to refute the story that the truck driver gave to the police officer. The truck driver was then arrested for assault. Because of that camera footage, a police officer was able to get instant feedback about an incident that would normally be a “he said, she said” scenario.

In addition to combating instances of assault, though, the helmet-mounted camera is a critical tool for bicyclists who want to substantiate their claims against a driver in the wake of an accident. Bicyclists who are struck by a motor vehicle often suffer serious and catastrophic injuries, and they may want to hold the other driver responsible in civil court.

Well, without concrete evidence, it can be a little difficult to do that. Enter the helmet camera, which could provide video evidence of the actual accident itself. Helmet cameras are a major element to the biking community now, and that’s a good thing.

Source: CNN, “Cyclists use cameras to document reckless driving,” Emanuella Grinberg, May 13, 2015.

by

A fatal crash between a motorcyclist and another vehicle has reopened the debate on lane splitting, and how the controversial act by motorcyclists can be dangerous.

Lane splitting is the act of driving in between two lanes by a motorcyclist. It allows them to coast through traffic easily, but it is obviously dangerous. In this particular accident, the motorcyclist was lane splitting near a slower lane of traffic when the motorcyclist collided with the rear of another vehicle. The motorcyclist suffered fatal injuries in the crash on US 101 in Palo Alto, California.

Little else is known about the crash, though the investigation into the accident is ongoing. Drugs and alcohol don’t appear to be a factor in the wreck, though if negligence was a part of the crash, it will soon be established by the police.

The investigation into any motor vehicle accident carries a lot of weight when it comes to determining liability. If you have been in an accident, be patient with the police as they work through all of the details to make a decision. Also, remember that new evidence that is revealed after the investigation is complete can lead to an alteration of the final report on the crash.

Ultimately though, the unfortunate lesson in this story is that when motorcyclists are involved in a crash, they often suffer serious or fatal injuries. Their vehicles inherently offer less protection than any other vehicle out there. So if you are near a motorcyclist on the road, be as careful as you can be.

Source: KRON, “Lane splitting leads to fatal motorcycle crash on US 101,” Emily Kirschenheuter, Sept. 23, 2015

by

Because schools are still on summer break, school bus safety is probably not on the minds of many California parents right now. But it remains a topic of concern and discussion among traffic safety regulators and groups focusing on student safety. Indeed, bus safety – and seat belt requirements in particular – were topics of conversation last month between the National Highway Traffic Safety Administration and groups like the National Association of State Directors of Pupil Transportation Services (NASDPTS).

Seat belts have long been a mandatory feature on newly manufactured automobiles for average consumers. But for a variety of reasons, buses of nearly all types have managed to continue operating with no requirement that seat belts be installed, much less worn by passengers. The NHTSA wants to change that.

In one sense, the argument for seat belt requirements is a no-brainer. In smaller vehicles, these simple devices have saved countless lives and made car accidents far less injurious and fatal.

Critics point out, however, that school buses already tend to be safer than cars because they are much larger and passengers are seated higher off the road. Seat belts, they argue, would add extra costs without adding a substantial safety benefit.

These arguments, while common, are not supported by facts and research. Indeed, seat belts on buses seem to have safety benefits beyond just the restraint they provide during a crash. Some school districts have already switched to buses with seat belts, and these districts have seen dramatic improvements in student behavior on buses. This allows the bus driver to pay more attention to the road. It also reduces the likelihood that students will be in the aisles or turned around and out of their seats during a crash.

Admittedly, traffic safety regulation is a topic that few people care about. That is, of course, until a preventable disaster strikes. Instead of waiting for yet more preventable bus accidents, we must hope that the NHTSA and school transportation groups can reach a consensus on common-sense safety reforms.

by

It may seem hard to believe, but summer has nearly come to an end. For students across California, that means an end to summer vacation and the start of a new school year. For drivers in the Sacramento area and beyond, back-to-school time means stricter enforcement of traffic laws and an increased risk of pedestrian accidents.

The American Automobile Association, better known as AAA, is already issuing press releases warning drivers that school zones and residential neighborhoods are going to be buzzing with pedestrians very soon. And with an increase in pedestrian activity comes an increased risk of a serious accident.

According to AAA, in 2013 alone, pedestrian accidents involving children resulted in 330 deaths and 13,000 injuries. The AAA Foundation for Traffic Safety notes that in the past 10 years, approximately one-third of child pedestrian deaths occurred between 3:00 and 7:00 p.m. (the after-school hours).

If you live near a school, you may have gotten used to summer speed limits. But when school is back in session, police will be enforcing school-zone speed limits, which are generally at least 10 mph slower than in other areas. Those slower speeds make a difference. Even if a pedestrian accident does occur, the victim is about 66 percent less likely to be killed if struck at 25 mph than if struck at 35 mph.

Even if you are an experienced and conscientious driver, safety cannot be taken for granted when it comes to children. Their movements are often unpredictable and unintentionally dangerous. Therefore, it’s up to the rest of us to ensure that we are extra vigilant when driving near schools.

by

In 1998, the federal government mandated that airbags be included in all new passenger vehicles. Although the change was relatively recent, most of us today couldn’t imagine cars without airbags.

Unfortunately, a significant number of drivers in California and around the country are traveling in vehicles with potentially dangerous and defective airbags. Japanese manufacturer Takata Corp. recently increased its recall to include 34 million vehicles in the United States. That number equates to as many as one in every seven cars.

So far, eight deaths and more than 100 injuries in the past decade have been attributed to the airbags, which can inflate too violently and explode. And the problem causing the defect can be traced back to 2001 when Takata began using a different propellant. After moving away from an inflation ingredient called tetrazole, Takata began using ammonium nitrate.

This move was controversial for a number of reasons. First, ammonium nitrate is rather unstable and unpredictable. The goal is to use a rapidly expanding gas that won’t explode, but ammonium nitrate can’t always deliver that. Explosions can happen, and according to investigators, they have been occurring. Finally, ammonium nitrate hasn’t regulated the way that other propellants are. Therefore, Takata was not bound by oversight or pre-approval in terms of how it used ammonium nitrate.

As with the General Motors recall scandal, it now appears as though Takata was aware of “serious safety and quality control lapses” as early as 2001. It’s unclear whether Takata’s alleged failure to address or acknowledge these issues will impact the company’s liability.

Airbags are a relatively simple idea, yet they provide an invaluable safety benefit – when they work correctly. When they malfunction as many of Takata’s airbags have, they can be even more threatening to life and safety than having no airbags at all.

by

Sacramento readers no doubt remember the fatal crash between a bus and a FedEx truck that occurred in the spring of last year. On April 10, 2014, a motor coach filled with high school students was traveling on Interstate 5 near Orland, California. As the bus headed north, a FedEx tractor-trailer traveling south crossed over the 15-foot-wide median and struck the bus head-on.

Ten people lost their lives in the fiery crash, including five students, the bus driver, and the truck driver. Dozens more suffered injuries. The National Transportation Safety Board has been investigating the fiery bus and truck accident for about 15 months and still cannot determine why the truck driver veered across the median as he did. The NTSB did confirm, however, that the accident would have likely been far less deadly had certain safety standards been in place for motor coaches.

According to the NTSB’s investigation, the deaths not related to impact forces were mostly related to fire and smoke. In short, changes need to be made to slow down the spread of fires and to speed evacuation. To that end, the NTSB recommended that:

  • All new motor coaches are manufactured with a rear emergency exit like those found on school buses
  • All new motor coaches should have their interiors trimmed with material that better resists burning (flame-retardant material)
  • Motorcoach passengers should always be given pre-trip safety briefings on evacuation procedures like those given on airplanes

The NTSB is a respected government agency tasked with investigating most civil transportation accidents and making safety recommendations based on those investigations. Unfortunately, the agency has no regulatory authority of its own. Therefore, its recommendations too often go unheeded.

We may not be able to completely prevent truck and bus accidents, but we can make them less fatal. It’s time to implement these common-sense safety measures.

Source: USA Today, “NTSB urges second doors in wake of fiery bus crash that killed 10,” Bart Jansen, July 14, 2015

by

The General Motors recall scandal was one of the biggest news stories of 2014. Although the Takata airbag recall has since taken the media spotlight, the fallout from the GM scandal is still being felt nationwide. So far, 109 car accident fatalities have been linked to GM’s defective ignition switches and its decade-long delay in issuing a recall.

There is little debate about the fact that General Motors bears the vast majority of the blame for this tragedy. But many believe that the National Highway Traffic Safety Administration also failed in its duties to the American People. Recently, the Transportation Department released two internal reports echoing that sentiment.

The reports and top NHTSA officials note that more could have been done to further investigate evidence suggesting that the vehicles were dangerous. The NHTSA also needs to change the way that information is sought, collected and analyzed.

For most of its history, the agency has largely relied on automakers to police themselves and provide important information to the NHTSA when needed. But numerous recall scandals have proven that the honor system does not work. Car manufacturers are simply too invested in protecting their own profits.

Mark Rosekind, the new NHTSA administrator, noted that “the GM experience changed the culture here. What that means is challenge the information you’re getting, and challenge the assumptions you are pursuing.”

It’s important to point out that the NHTSA’s funding, resources, and authority have limited its ability to effectively regulate the auto industry. In the wake of the GM scandal, regulators are asking Congress to facilitate improvements in all three areas.

When it comes to ensuring the safety of consumer products, few products are as important to regulate as automobiles. Until or unless substantive changes are made and sustained, we can expect further recall scandals in the future.

by

Superhero movies are all the rage these days. We suspect that one reason that so many people enjoy rooting for Iron Man and the Hulk on the big screen is that they seem to be nearly invulnerable, at least to ordinary injuries. For instance, it is unlikely the Hulk would worry too much about whether a motorist will go through a red light while he is crossing the street.

Of course, superheroes are just fantasy. Real-life human beings are all too vulnerable to the actions of drivers, especially negligent or reckless ones. Motorists are piloting a large, heavy steel vehicle that can reach high speeds. When they are not sufficiently careful and hit a pedestrian, the victim often gets badly hurt.

Common injuries among victims of pedestrian accidents include spinal cord injuries, brain injuries, and broken bones. Anyone of these can last the rest of the victim’s life if he or she survives. Even if he or she is not permanently disabled, it may take months or years of rehabilitation and physical therapy to recover, to say nothing of any emotional trauma that the accident caused.

This is where personal injury litigation comes in. A lawsuit against the driver can help the victim be made financially whole again so that he or she is not on the hook for hospital and rehab bills.

Though every case is different, the best thing you can do to maximize your chances of full recovery is to have an experienced personal injury attorney on your side.