California Accident Attorneys Blog

Published on: July 9, 2015

Will “Smart” Car Dashboards Lead to More Distracted Driving?

Distracted driving is a safety issue typically associated with performing other tasks while driving. Any non-driving activity you are engaged in while operating a motor vehicle significantly raises a risk of crashing and fatalities. Distraction transpires at any time you take your eyes off the road and do not concentrate on the primary task of driving.

Even with the alarming statistics, the car companies continue to furnish their vehicles with elaborate dashboards and enticing displays of information. Originally, the idea was created to aid the drivers with their transportation needs by providing Global Positioning System (GPS) allowing them to easily find their destination. The technology has since advanced into other methods of navigation that may lead to interference with safe driving causing an increased number of accidents worldwide.

The youngest drivers are at most risk as in addition to being distracted by the displays on the dashboard, they also engage in texting and talking on the cell phone simultaneously. On average, 660,000 cars are being operated by someone who is using their Smartphone accounting for 16 percent of distracted driving crashes involving people less than 20 years of age.

Published on: June 25, 2015

Rotted Beams Cause Deadly Balcony Collapse in Berkeley, CA

by Steven M. Sweat

According to the latest investigation, rotted wood beams were the cause of a balcony collapse that killed six college students in Berkeley California. The students were having a party and many were gathered on the upper floor of a 176 unit apartment building. A probe was launched by the Building and Safety Division into the cause of the collapse. It was noted that the joists that were supposed to be supporting the balconies, which extended out of the side of the building were completely dry rotted.

What is the duty of an apartment owner in California to inspect their property and make it safe?

This tragic incident raises the question of what legal duty the owner and/or maintenance company for an apartment building has to inspect their property and make it safe. California law on this issue is as follows:

Published on: June 16, 2015

Does Paying Truckers By The Mile Cause More Accidents?

by Steven M. Sweat

The trucking industry is a huge business across the nation as more than two-thirds of goods and merchandise are transported by trucks. A large portion of this truck traffic goes through California, carrying cargo that comes into west coast ports of entry. The U.S. Bureaus of Labor Statistics reports that 2.6 million people with commercial driver’s licenses are working in the industry, but nearly a million more have commercial driver’s licenses and are not using them. The American Trucking Assns. says that the industry is understaffed by between 35,000 and 40,000 drivers. By 2022, that number is expected to skyrocket to 240,000 drivers.

While the deficit is apparent over short distances, the long-haul industry feels the pinch the most. In addition, the lack of drivers affects ocean transportation and trains as they depend on truckers to complete the last leg of the journey.

Some companies have used shorter routes and signing bonuses to encourage new drivers. Other tactics include paying for training and special motivations for former military personnel, women or immigrants. However, these incentives are not making a permanent difference.

Published on: June 12, 2015

Car Accidents Caused By New Drivers

by Steven M. Sweat

As kids become teenagers and young adults, parents all have the same worry, and with good reason: Teens and young adults are much more likely to be involved in auto accidents than virtually any other group of drivers on the road. Part of this obviously has to do with the inexperience of the new driver; however, there are also many other factors that must be considered by every parent who is facing the prospect of a new teen driver on the road.

– The Lack of Driving Skill

Many state driving tests have actually been censured by special interest groups because they do not accurately portray the skill of a new driver. Although a lack of experience definitely contributes to many of the accidents that young drivers find themselves in, the lack of driving skill is another aspect of this statistic. Younger drivers get into accidents that older drivers might be able to avoid because of their familiarity with the small hazards of the road that cannot be accounted for on a standardized, static test.

Published on: June 1, 2015

More Insurance for Uber Accident Claims in California

by Steven M. Sweat

When you do business with a professional driver in California, you certainly expect that you will not end the interaction in an accident. However, this is not been the experience for many people who have recently patronized the Uber rideshare driving service in the state.

Claims in the Golden State from users of the Uber rideshare service have gone up in recent years, creating a real dilemma for insurance companies as well as for the rideshare company itself. It seems that drivers who are affiliated with the service have been getting into a great deal of trouble both on and off the clock, and it is uncertain why this is the case.

Many of the drivers have been saying that passengers in the rideshare vehicles have been creating untenable demands on them to somehow magically get to a remote location faster than traffic would allow. Because they are supposed to be “professional drivers,” they feel a pressure to perform more efficiently than the average driver would. However, anyone who has faced down the bumper-to-bumper traffic in CA understands exactly what even a professional driver is up against. Sometimes, there is simply no fighting the flow – you simply have to wait your turn.

Published on: May 12, 2015

Is Google Hiding the Ball on Accidents Stats for Their Self-Driving Cars?

by Steven M. Sweat

Google’s self-driving cars are here, but if you are in a state other than California, you wouldn’t know it from personal experience. To this date, California is the only state to allow these vehicles to be tested on the open roads.

Of the 50 vehicles that received permits to be driven on the roads and highways since September of 2014, four of them have been involved in collisions. To be fair, only two of the accidents occurred while the car was not being controlled by a human being.

Three of the four accidents involved Lexus SUVs that Google equipped with computing power and sensors. Delphi Automotive is an automobile parts supplier that owns two self-driving vehicles. One of these was involved in the fourth crash. Executives with Google and Delphi denied that their vehicles were at fault in these collisions. They also both claimed that the crashes were insignificant.

Published on: May 11, 2015

Dog Bite Propensity By Breed

by Steven M. Sweat

While a dog can be man’s best friend, this domesticated animal can also exhibit aggressive behavior toward them. Countless studies have been conducted to determine if there is a connection between certain breeds and their inclinations to bite. At all times, you should be cautious around unfamiliar animals, but here is a quick look at various breeds to help increase your awareness and avoid potentially dangerous encounters. As with any heavily populated urban environment, especially one like Southern California, where dog owners are numerous and breeds are highly varied, these types of incidents can and do occur quite often in places like Los Angeles, Orange County and the Inland Empire.

According to the American Veterinary Medical Association (AVMA), the following dog varieties are most commonly involved in biting incidents:

German Shepherd

Published on: May 7, 2015

California Home Depot Accidents Require Skilled Injury Lawyers

by Steven M. Sweat

A correctional officer was shopping in a Home Depot store in California when a palm tree for sale fell onto her back, which caused her injuries requiring surgery and left her unable to work. A welder in Boston broke his shoulder after falling off a ladder purchased from a Home Depot when the top rung collapsed. A man driving in Tennessee was hit head-on by a Home Depot delivery driver nearly costing him his life.

What do these people have in common besides their connection to Home Depot? They all received six-figure payouts from the company.

Regular Home Depot shoppers got a shock last year when the company revealed that customers’ credit card data had been compromised, but that isn’t the only accident the company is trying to clean up. The trend of customers incurring injuries at the retail chain’s stores or from using their products has been less high-profile.

Published on: April 21, 2015

Takata Air Bag Recall Lawsuits

by Steven M. Sweat

Takata Corporation recalled its air bags in 2008, but officials with the National Highway Traffic Safety Administration or NHTSA found this to be insufficient. These officials decided to request an expansion of the recall in a stern letter on November 18, 2014. At that time, Takata executives claimed that the expansion was unnecessary.

In October, NHTSA officials strongly urged owners of vehicles with faulty air bags to have the bags replaced, but in February, they learned that approximately 90 percent of vehicles with Takata air bags had not been repaired.

The Problem

Published on: April 14, 2015

Physical and Sexual Abuse in California Nursing Homes

by Steven M. Sweat

Physical and sexual abuse in California nursing homes, assisted living institutions and adult day care facilities is still a huge problem. Elder abuse is a silent epidemic that’s prevalent in nursing homes and long-term care facilities in every city and state. According to the National Center on Elder Abuse, 3.2 million Americans spent time in nursing facilities in 2008. Within the next few decades, some 5 million aging adults will move into assisted living and long-term care facilities. Even now, millions of moms, dads, aunts, uncles, grandparents and loved ones risk being abused by their caretakers. This is one problem that’s not going away or getting better. Experts have called elder abuse one of the greatest law enforcement challenges of the 21st century. The statistics on the issue are shocking.

• One in three nursing facilities was cited for multiple violations that caused harm or had the potential to harm residents.

• Fewer than 2 percent of certified nursing facilities had no violations.