Chico Personal Injury Lawyer - Automobile Accidents

DUIs Down as a Whole, But Female DUIs are Up

Amber Wheat — Thu, 27 Aug 2009 12:59:08 GMT

MSNBC reports that more women are getting arrested for drunk driving than ever before. They speculate that pressure to be the "perfect wife and mother" is driving women to drink in secret and not admit that they need help. Whereas men are often social drinkers and cannot hide their habits from friends and family like women can. Friends and family can then encourage their loved ones to get help and face their problems.

I don't know if I believe that is why female arrests are up and male arrests are down. I could believe that women have always had this issue and police officers aren't letting women off the hook anymore. I can also believe that the number of women who drink regularly is up because of the state of our country. I would attribute drinking to escape the pressures of life more to working women who have to maintain a household and be the bread winner than to homemakers who feel the pressure to be "perfect".

Something I don't understand is why these prevention programs and campaigns are working for men, but not for women. Women are supposed to be more sensitive and more empathetic, you would think that they would not be willing to take the risk of drinking and driving. They could seriously hurt or kill themselves and those around them.

That is another issue brought up in the article, drunk driving with children in the car. They brought up Schuler, who was the driver in a collision that killed eight people including herself, her daughter, and her three nieces. Schuler's family has denied that she drank or used drugs, the investigation is ongoing. But the thought is pretty scary. It is bad enough that people (not just women) still get into a vehicle and think they can drive safely after having a few drinks, but to do that with kids in the car? Horrific!

As always, drinking and driving comes about from a series of choices. MADD and other anti-drunk driving groups often focus on the consequences of those choices to convince people not to drink and drive. Perhaps if we gave people more choices to choose from they would not get behind the wheel. Also, take the choice away from them. The bill introduced by Assemblyman Mike Feuer to require DUI offenders to install ignition-interlock devices in their vehicles recently passed. It has had success in other states and hopefully it will be a success here as well. Whatever is being done is working because the incidents are down, but it's time to focus on campaigns that will appeal to women, because drunk driving should not be on the rise at all, not for any group of people, it needs to stop altogether.

Originally posted at InjuryBoard by Amber Wheat

CHP "Zero Tolerance Day" Hopes to Make an Impact

John Demas — Thu, 23 Jul 2009 12:07:05 GMT

Yesterday was the California Highway Patrol's "Zero Tolerance Day". The CHP stopped motorists for everyday traffic violations like speeding, tailgaiting, and most recently texting. While these and other activities are against the law everyday, the CHP typically devotes their time and energy to stopping the more dangerous and reckless drivers on the road. But yesterday, strict enforcement was in effect. The CHP hopes to remind people that unsafe lane changes and not wearing your seatbelt, along with a multitude of common violations, can get you pulled over. This day has come and gone, but you never know when they will have another one or where it will be in effect. So be careful out there motorists!

Originally posted at InjuryBoard by John Demas

Greatest Risk on the Road is Carried by Pedestrians and Cyclists

Amber Wheat — Fri, 19 Jun 2009 15:10:29 GMT

Pedestrians and bike riders are the most at risk when they get into collisions with vehicles. The fact that they are unprotected from the physical forces often leaves them in serious condition or worse.

In Sacramento, a sting operation by the Sacramento Police Department at four different intersections in April led to twenty-six citations. They chose spots that were complained about by citizens and spent a few hours ticketing drivers who did not yield to undercover citizens. In California, pedestrians have the right of way, but they also have a responsibility for their own safety as well.

The Sacramento Police Department recommends that a pedestrian make eye-contact with a driver and give them time to stop, slow, or respond in some other way. Once contact has been made and the pedestrian enters the crosswalk, the vehicles must wait until they are completely out of the crosswalk before proceeding.

I know that many people will turn right or left after a pedestrian has gotten past the halfway point of a crosswalk, but you can be cited for that behavior and there's a good reason why. Drivers rely on other drivers to communicate what is going on in an intersection. I am the kind of person who would assume a pedestrian is not in the crosswalk if I saw a car driver across it.

The Sacramento PD issued a statement warning citizens that these stings will continue. It is obviously important to them to see some change in our community and prevent some of the serious injuries and deaths that occur in these instances. Injuries like the poor fifty-year-old man who was transported to Stanford Hospital in serious condition after being struck in Palo Alto.

Thankfully, not all instances of pedestrian v. vehicle collisions are so bad. A thirteen-year-old girl was struck by Deborah Sutterfield on Olive Highway. Although the vehicle sustained major damage, the girl miraculously only sustained minor injuries. A rare and wonderful outcome.

Pedestrains are not the only ones in danger either. During good weather many people enjoy a bicycle ride now and then. It is wonderful exercise and there are many beautiful trails in Sacramento, Chico, and the surrounding areas. Folsom has even won awards for their biking trails. But, again, bikers are not protected from injury when they get involved with vehicle collisions.

A six-year-old girl was recently struck by a vehicle in Magalia. It is believed that the poor girl lost control of her bike and the driver was unable to stop. As of June 13, Haleigh Cuevas is still in critical condition. It was reported that she was not wearing a helmet or even shoes. It's summertime and the kids are out of school, so please, please, please be safe. Wear a helmet. Save your life.

The friends and family of Devante Parker know how important it is to stay safe. He was struck while he was on his bicycle. His death has affected his entire community. There are so many people out walking and biking everyday that it is becoming very important that drivers know the law and stay vigilant. When a vehicle hits another vehicle it is scary and damaging, but when a vehicle hits a person who is not surrounded by one ton of metal and safety features, the consequences can be devastating.

Originally posted at InjuryBoard by Amber Wheat

No Proof Cell Phone Laws Prevent Collisions!

Amber Wheat — Fri, 20 Feb 2009 12:15:42 GMT

Last year, California instituted a new law that required the use of a hands-free device if you are driving a car. Common sense should tell people that talking on the phone while driving is very dangerous. And it’s not just because one hand isn’t on the wheel. Many people drive without both hands on the wheel even when they are not talking on the phone. The real danger comes from the distraction it causes.

When someone is talking or doing any other task while driving, their attention is being diverted from the road. It is the same with eating, changing discs, reaching for something in the back, and trying to read to a map.

Since January 1, 2009, text messaging while driving is now also illegal in California. Another law put into place that shouldn’t have to be. People should know better. A motor vehicle is a huge piece of machinery and has the potential of causing great harm. It’s operation is a responsibility that should not be taken lightly.

California is one of six states to introduce these cell phone use laws. The first was New York in 2001. Right after the new law was put into place the number of crashes with cell phone use as a contributing factor went down, but over the years it went back up. The theory is that, just like the speed limit, people violate it thinking that the likelihood they will be caught is minimal.

This trend may also be true in California, only time will tell. In the District of Columbia, the numbers decreased and stayed down. Last year there were eight fatalities where cell phone use was deemed a factor out of a total 3,967 fatalities in California. I wonder what the statistic would be in they counted all distractions.

Cell phones and their use are not the root of the problem. It is about responsibility and accountability. People are making bad choices out there on the road and the effects are felt throughout society. It’s not just about the people getting hurt, they have someone to fight for them. That’s why we at Demas & Rosenthal do what we do, because adverse drivers make choices and innocent injured parties shouldn’t have to live with the consequences.

The cost of insurance, the cost of healthcare, the sheer amount of manpower needed to police the roads and highways, city planning costs, utility pole placement, the cost of electricity, the cost of fuel, repair and maintenance on our streets, and vehicle repairs; all of it is effected by how we choose to operate our motor vehicles. And of course, death and injury. Funeral costs, doctors visits, ambulance rides, autopsy reports, medication, and hospitalization are all effected as well.

It is sad that something that should be common sense has to be made into a law, but at least law enforcement agencies are making some money off of it. A violation of these cell phone laws could cost somebody up to $50. Since the hands-free law went into effect in July, the California Highway Patrol alone has issued more than 48,000 citations.

Have these laws changed your habits? Do they go too far? Not far enough? What do you think?

Originally posted at InjuryBoard by Amber Wheat

Good News: Traffic Fatalities Down and Caltrans Employee Honored

John Demas — Thu, 18 Dec 2008 16:24:40 GMT

In our business, it seems like all we hear about is when things go wrong. Well the good news is, some things have gone right this year. Every year the National Highway Traffic Safety Administration tracks the number of collisions, fatalities, and accidents on our highways. Early numbers show that traffic deaths are down for the first 10 months of 2008. In October 2007 there were 34,502 deaths, thankfully, this year that number is 31,110. It doesn’t seem like a big difference at first, but think about it. 3,000 lives were saved so far this year. Be it the bad economy, the high gas prices, or the increase in safety programs, lives were saved and we are thankful for that.

It is uplifting to think that we must be doing something right. I don’t know if fear of litigation or education of teens is the cause. I don’t know and I don’t care, as long as it keeps happening. The NHTSA has been keeping track of this and other information since 1966. In the beginning there were more than 50,000 deaths a year and now we’ve got it down around 40,000. There is still work to be done, but if we put in the effort I know the roads will be safer.

It takes a strong team to keep everybody safe. The highway patrols are so important, and the people building the roads, the people driving the roads also have to take some responsibility. But when we have people like Robert Immoos working for us, it takes some pressure off. Mr. Immoos is an employee of Caltrans and was recently awarded the Medal of Valor for his brave guidance of a wrong-way driver on I-80. At great risk to himself, he got in his vehicle and got the attention of the driver and guided the driver to safety, preventing a possibly disastrous head-on collision and potential chain of accidents.

Thank you Mr. Immoos and everybody out there like him. It is people like you that keep us a little bit safer out there on the road. Remember, about 40,000 people die each year in traffic collisions, don’t be one of them. Drive safely.

Originally posted at InjuryBoard by John Demas

Despite Traffic Safety Successes, the Work is Still Not Done

John Demas — Fri, 21 Nov 2008 14:07:21 GMT

California has been doing it’s part to lower traffic fatalities. New research from the Office of Traffic Safety has indicated that the seat belt usage rate is now at 95.7%. I was happy with that percentage and glad to see the Click It or Ticket Campaign was working until I continued reading the article. That percentage still leaves well over one million California citizens unprotected. It seems they will not be satisfied until that number reads 100%.

In 2003, California decided to change our seat belt laws. Before then, not wearing a seat belt could only be a secondary offense. Someone could be pulled over for speeding, but not for violations of the seat belt law. That changed in 2003 when it was decided that an infraction of the seat belt laws were enough to pull someone over and ticket them. This stance has create a huge increase in seat belt use. Who wants to be pulled over for something as simple as buckling up? It wastes time and money. The fine for not using a seatbelt for drivers and passenger age sixteen or over is anywhere from $80 to $91 depending in the district. The fee for not having kids properly restrained is much higher. $350 on a first offense and up to a whopping $970 on a second offense! They really mean it, buckle up!

There is method in this madness. The State is not just out to make for money on traffic violations. It is a proven fact that wearing a seat belt can save your life. In California, 49% of traffic fatalities were from unrestrained drivers and passengers. Nearly half. In my blog about the tragic death of a Alexander Martinez I wrote about the physics of a collision and the fact that seat belts and airbags work together to make you safe. The seat belt can’t do it’s JOB if it isn’t buckled in properly.

On November 1, 2008, we saw a teenager lose her life. Jessica Rodriguez was out with a friend at 1am and the car they were in collided head on with another vehicle. The 18-year-old was thrown from the vehicle and died at the scene.

On November 13, 2008, Anthony Kimble and Jessica Aills were killed when they were thrown from their vehicle after a broadside collision. The driver of the other vehicle was wearing his seat belt and his airbag delployed, he suffered only moderate injuries.

These sad events are exactly what California safety organizations are trying to prevent. The Graduated Driver Licensing Program has had success in this area as well. Instituted in 2006, the law places restrictions on new, inexperienced, teen drivers. Rules such as no underage passengers in the vehicle without an adult age 25 or older in the front passenger seat and curfews have allowed teen drivers to get used to driving without distractions. It is also against the rules to use a mobile device while driving unless it’s an emergency. The program has shown a decrease in teen deaths and injuries with 16-year-old drivers by 40%! But sadly, amid the success of the CIT Campaign, seat belt usage among teen drivers is only 88.9%, much lower than the state average. There is still some work to be done.

Butte County is taking traffic safety seriously and just received a grant to educate parents and teens about child safety seats and the dangers of the road. Observers in September found that 12% of children being dropped off at area schools were not restrained at all. The County applied for the grant after a committee found that six Butte County children between the ages of 5 and 9 had died between 2001 and 2007.

Traffic safety, it seems, is on everybody’s mind. And it should be. Traffic collisions are a commonplace occurrence and are likely to happen to everybody at some point in their lives. I can only hope that when it happens to me and my loved ones, we have taken all the precautions we can. When you prepare yourself for the worst, what actually happens won’t be that bad.

The Click It or Ticket Campaign is in full swing right now. From November 17 to November 30 California Highway Patrol officers are on the freeways and looking for violators. They call it the “Next Generation” of the Click It or Ticket Campaign. During the holiday season more families are on the road and the increased security is there for their and your safety.

"Law enforcement wants to make sure everyone gets safely home to family and friends."
California Highway Patrol Commissioner Joe Farrow

Originally posted at InjuryBoard by John Demas

T-Bones (not the steak)

Amber Wheat — Fri, 26 Sep 2008 18:58:36 GMT

The dreaded T-Bone or Broadside is a nasty type of accident. It is what happens when one vehicle hits head on into the side of another vehicle. Since most safety features are designed for keeping people safe from head-on collisions or rear-ends, the driver hitting the other vehicle is usually better off.

When you are a driver or a passenger in a vehicle and that vehicle gets broadsided, there is often little or no protection between you and the car doing the hitting. Speed is also usually an issue. Broadsides happen fast with little or no time for someone to stop. Because one vehicle is going east/west and the other one is going north/south there is obviously some confusion on right of way. These instances often involve higher speeds than if you saw someone in front of you headed your way and you and they were both breaking.

In Chico, at least one is injured in just such an accident. The driver’s side of the vehicle was absolutely crushed and the jaws of life were necessary to get the injured person out.

My advice, keep your wits about you. It is easy to see what is going on in front of you and we often get into the habit of glancing at our rear view mirrors, but do you periodically look from side to side, just to see who is around you? Maybe we should, especially when entering intersections. Even if you have a green light, blazing through an intersection is never safe.

Please be careful out there tonight, and have a nice weekend. If you or a loved one has been injured in a broadsiding or in any other type of accident give us call.

Originally posted at InjuryBoard by Amber Wheat

Hopes for New Signs in Construction Area

Amber Wheat — Wed, 24 Sep 2008 18:33:47 GMT

The construction on I-5 is a necessary evil, but after two collisions over the weekend, the CHP wants new signs put up to keep motorists safe.

Both accidents involved the metal guardrail, a sign to CHP officers that the lanes have been narrowed and people need to be warned of that fact.

Thankfully, the two men in the accidents were not severely injured, but I-5 was shut down for a while after the second collision.

Construction is always going on somewhere, being a commuter society breeds the necessity for good, reliable roads. We are lucky to have a transportation service that takes that responsibility seriously, but at the same time it can get frustrating having to drive slower, dealing with backups, and feeling like the construction will NEVER end!

Here are a few tips to make your commute easier:
1) Don’t go faster than the posted speed limit, even if there is nobody around, those limits are changed because maybe the curves are sharper, or maybe the lanes are more narrow, the speed limit is there for your safety.

2) Keep a following distance, I know that it is extremely frustrating to have a proper following distance, only for someone to cut you off, but there will always be jerks out there, let it go and then back off again, recreate your following distance so that if the person in front of you has to break quickly, you have enough time to stop.

3) Let people in when lanes merge, don’t hug the bumper of the person in front of you, create enough space to let one person in and hopefully the person behind you will do the same. When everybody takes turns one after the other, traffic moves faster. It is when nobody is letting anybody else over into the lane that back ups occur and slow everybody down.

4) Avoid construction areas if you can. I regularly change my route if construction starts on my regular drive. I am very much into avoidance. If you can’t avoid construction all together, choose the least invasive sites to pass. Pay attention to when construction is due to end so that you know when you can use your regular streets again.

Above all, be patient, and please be safe out there. If you are involved in a collision, give us a call, we’re here to help.

Originally posted at InjuryBoard by Amber Wheat

Nine Year Old Girl Suffers Serious Injuries in Car Accident

Chrissie Cole — Fri, 17 Aug 2007 20:45:20 GMT

A 9-year-old girl was seriously injured in a two-car accident on Monday. She was listed in fair condition, on Thursday, at UC Davis Medical Center in Sacramento, California.

The girl was a passenger in a 1998 Honda being driven by a 33-year-old woman, of Magalia, that was traveling north. The woman told California Highway Patrol investigators she missed a right turn so she pulled into a two-way left turn lane, attempting to make a u-turn.

Another Magalia resident traveling south, said the woman waited until a patrol car passed her, but failed to see his 1931 Ford roadster that was traveling behind the patrol car and pulled out in front of him, allowing no time for him to stop.

The Ford struck the Honda on the passenger side. The driver suffered moderate injuries and was transported to Enloe Medical Center for treatment.

Originally posted at InjuryBoard by Chrissie Cole

Mom Dies in SUV Crash as her Son is Learning to Drive

Chrissie Cole — Sat, 23 Jun 2007 00:13:34 GMT

The mother of a teenager learning how to drive was killed in a car accident, Thursday, when their SUV crashed into a ditch.

The boy's stepfather was in the front passenger seat giving the boy driving instructions, while the mother and her baby were in the back.

All the occupants were wearing seatbelts and the infant was in a car seat at the time of the crash.

According to a California Highway Patrol Officer, the stepfather had told the teen to "turn left here," and the boy jerked the wheel causing the vehicle to plummet into a ditch. The vehicle was traveling 50 mph.

The mother was transported by helicopter to a hospital in Chico, where she was pronounced dead. The infant was injured and the stepfather suffered a fractured collarbone. The teenager had cuts to his hand but was otherwise okay.

Originally posted at InjuryBoard by Chrissie Cole