Riverside and San Bernardino Injury Lawyer Blog

Driving an electric, or hybrid, car has many advantages. Especially in this weakened economy and having gas prices as high as they are the fuel economy of an electric or hybrid car seems to outweigh any of the disadvantages. Electric cars do not give off any emissions at all. Hybrid cars give off some emissions because they still use gasoline. Even with the many advantages of electric and hybrid cars, they are far from perfect and there are some necessary changes that need to be made to ensure the safety of others.

One of the disadvantages of an electric car is the lack of noise that comes from it. When pedestrians or cyclists can't hear the car approaching accidents can happen, this is especially of concern with deaf or blind individuals. In 2010, the Pedestrian Safety Enhancement Act was made official and in order to comply with the requirements the National Highway Traffic Safety Administration (NHTSA) has proposed that one of the changes made to hybrid and electric cars is that their sound standards meet the minimum requirement that helps pedestrians be more able to hear these cars approach. As the cars are currently, they cannot be heard over street noises if they are traveling at a speed below 18 miles per hour. Therefore, the cars must be able to be heard when being driven at 18 mph or less.

Automakers would have to assign a sound to each make and model, the same sound per make and model. Automakers would be able to choose from a variety of sounds for their cars, so long as the minimum requirements are met. If these changes are made, the NHTSA estimates that approximately 2,800 pedalcyclist injuries and pedestrian injuries would be avoided each year by each model of electric/hybrid trucks, cars and vans.

Continue reading "New Sound Requirements for Electric and Hybrid Cars" »

In 2000, there were almost 200 million drivers in the United States, according to statistics from the U.S. Department of Transportation. Toyota Motor Corporation is a major supplier of cars to American motorists; the company boasts having over 1,000 car dealerships within the United States with an average of 20 per state. For all the popularity that Toyota enjoys in the United States there are times when the company can run into problems, as many big companies do.

Toyota Motor Corporation ran into problems in 2010 when some of its Lexus model cars were required to be recalled because of different problems vehicle owners encountered. Toyota is subject to adhere to specific safety regulations when it manufactures cars. If they become aware of any problems with the manufacture of their cars, they are required to notify owners. When companies fail to issue a recall within a timely manner they can face heavy penalties. If a company, like Toyota Motor Corp., does not issue a recall they could be liable in a product liability case.

The National Highway Traffic Safety Administration issued a statement recently that Toyota Motor Corporation has been fined $17.35 million, the highest fine allowed within the law, because it allegedly did not report a safety defect with its cars in a timely manner. Auto manufacturers are required by federal law to report safety defects with their cars within five business days. Auto manufacturers are also required to issue a recall if they are aware that their cars are not in compliance with federal regulations. The cars that are included in the recent batch of recalls for Toyota include:

• 2007-2008 Yaris subcompacts
• 2007-2009 Camry sedans and Hybrids
• 2007-2009 RAV4 crossovers
• 2007-2009 Tundra pickups
• 2008 Highlander Hybrids and SUVs
• 2008-2009 Scion xD and xA models
• 2008-2009 Sequoia SUVs
• 2009 Matrix crossovers and Corolla compact cars

Continue reading "Settlement Reached For Toyota Motor Corporation" »

Salmonella is not an agreeable illness to befall an individual. Salmonella has many strains and can inflict symptoms such as fever, diarrhea and cramping. Salmonella can be crippling to anyone who contracts it but it is especially so in young children, individuals with compromised immune systems and elderly persons. Salmonella outbreaks have been popping up recently. Just a few months ago mangoes were the culprit in a salmonella outbreak that affected more than 70 people in California. Officials were able to link the salmonella strain to another outbreak in Canada but the specific brand of fruit was not identified as of yet by Public Health officials.

Around the same time as the mango related Salmonella outbreak there was another outbreak linked to cantaloupes. This time officials were able to link the strain of salmonella to cantaloupes grown in Indiana and Kentucky. This strain of salmonella has made 141 people sick in throughout the country, more than 50 were made sick in Kentucky and also killed two.

A peanut butter plant in New Mexico has been blocked from distributing its product because of salmonella contamination. Reportedly, more than 40 people, most of which were children, became sick with salmonella after eating the peanut butter manufactured at the Sunland Inc. The peanut butter was sold at grocery stores such as Whole Foods, Trader Joe's, Target, Sprouts and Safeway. In 2011 a food safety law was enacted, giving the FDA more authority and making it possible for the agency to block the distribution of the peanut butter instead of having to ask courts to intervene first. Seven people from the 41 who contracted salmonella were from California.

Sunland Inc. was found to have had 28 different locations showing evidence of salmonella in its processing plant, according to agency officials. Officials also reported that food products were handled improperly, opened containers of peanuts were left outside where they were exposed to rain and birds, and equipment within the plant was found to be in need of cleaning. Upon investigating past inspections performed by FDA officials, Sunland Inc. was found to have repeated these mistakes.

Continue reading "Food And Drug Administration Blocks Distribution Of Peanut Butter " »

Working in the construction business can be very rewarding. Many individuals find great satisfaction is being part of a project and seeing an illustration come to life with the work from their own two hands. Just as with other laborious jobs, there are risks involved. Whenever heavy machinery is involved that risk can increase.

Yesterday morning a man lost his life and another was seriously injured while they were working on coiling a high tension cable around an industrial size spool. The men were working on an open field, roughly the size of a football field, when the accident took place. Apparently, the cable snapped and hit the two men. The two men work for a company that makes plastic and concrete parts that go into bridges, manholes, underground and utility fuel vaults, culverts and other structures. Police and San Bernardino firefighters were called to the scene. Investigators from the California Department of Occupational Safety and Health were also called to the scene and will conduct an investigation as to the safety of the plant.

In California, more than 300 fatalities occurred in 2010 from occupational injuries, according to data from the California State Department of Industrial Relations. Out of those 300 deaths, 43 were from coming in contact with objects and equipment while on the job. Construction workers had the highest rate of fatal injury in 2009. Construction is separated into three sub-categories when researchers publish their data: Heavy and Civil Engineering Construction, Construction of Buildings, and Specialty Trade Contractors. In 2009, 92,540 construction workers experienced some form of nonfatal injury or illness while working and needed to take time off from work.

Continue reading "Industrial Plant Accident In Fontana Injures One, Kills Another" »

Car owners who recently purchased a used car or have had their airbags replaced at any repair shop other than the dealer should pay special attention to this notice. The National Highway Traffic Safety Administration is warning car owners that some cars have been fitted with counterfeit airbags that have been found to be defective. The counterfeit airbags can be very deceptive, often appearing to be identical to the certified, original airbag that comes from the automaker.

In testing performed at the National Highway Traffic Safety Administration the results yielded consistent malfunctioning. When the counterfeit airbags were tested some did not deploy at all and others released metal shrapnel as they deployed. Thus far, the NHTSA has not been made aware of any injuries or deaths as a result of counterfeit airbags but the danger is definitely a real concern. The NHTSA has created a list of the vehicle makes and models they think are most affected by the counterfeit airbags but the NHTSA is still confident that less than 0.1 percent of the United States fleet of vehicles is affected.

Any vehicle owner who has ordered a replacement airbag online is recommended to take their vehicle to the car dealer and have it inspected and, if need be, the airbag replaced. If you purchased a new vehicle and the air bags have never been replaced you can be secure that the air bag is in good, safe condition. Any persons looking into buying a used care should try to obtain complete knowledge of the vehicle's history, especially regarding the condition of the air bags within the vehicle.

The NHTSA is working in conjunction with the U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the U.S. Department of Justice to control the sale of these counterfeit air bags. They are also trying to get a good grasp on the scope of the problem and better understand how to prevent their use. Automakers are being asked to submit information to NHTSA about their process of verifying if parts purchased are authentic. The NHTSA is keeping their investigation ongoing.

Continue reading "Safety Warnings From NHTSA Regarding Counterfeit Airbags" »

A crash involving a school bus and Uhaul truck is being investigated. The school bus was taking about 40 children home around 2 o'clock in the afternoon when it was struck by a Uhaul truck that was backing out of a driveway. The school bus driver had attempted to swerve and avoid coming into contact with the truck but the bus was not able to completely clear the truck and was struck at the back end, sending the bus spinning and it eventually ended up on its side. About 16 children were injured along with the school bus driver. Two of the injured children suffered "serious" but not life-threatening injuries. The two people in the Uhaul truck were uninjured.

Accidents like this do not happen every day. The National Highway Traffic Safety Administration reports that school buses are actually one of the safest modes of transportation available to children who go to school. School buses only have a one percent student fatality average each year, during typical school traveling hours. Teen drivers, and their passengers, are at the highest risk of fatality each year. That means that your adolescent child has a 58 percent chance of dying on their way to school if they drive themselves or get a ride from one of their peers. Surprisingly enough, adult drivers have a 23 percent student fatality rate each year during typical school traveling hours.

The NHTSA gives more evidence to the benefits of school bus travel. School buses also offer a decrease in traffic that surrounds schools each day. Each school bus represents 36 cars that are not on the road around the school. Annually, this translates to 17.3 million cars. School buses also save money, an estimated 6 billion dollars nationally and they save 2.3 million gallons of fuel each year.

Continue reading "Victorville School Bus Accident Causes Multiple Injuries" »

Surviving a train accident, which, when it comes to accidents related to modes of transportation, is one of the most dangerous and violent types of accidents a person can endure. As a result of the lack of protection a conventional seat on a train offers its passengers and the speeds that the passenger cars travel, the final outcome of train accidents is nearly always catastrophic injury and time and again, death. Accidents on the railroad can comprise locomotives, freight or passenger trains, subways, or local commuter train systems.

On the route that runs between Bakersfield and the Bay Area, typically called the San Joaquin Route, a crash occurred when a big rig collided with a passing Amtrak passenger train. The warning lights were flashing and the train's crossing gate was already down when the big rig, driven by Macario Medina, drove through the gates and crashed into the train, then overturned. Investigators are not sure what state of mind Medina was in when he allegedly drove into the side of a commuter train. The condition of the truck will also be investigated.

The train had the locomotive and two of its four cars pushed off the tracks by the force of the truck. After impact the train continued to travel roughly 600 feet. The train derailed after it hit a switchback. The driver of the big rig sustained what are being called "moderate injuries." A spokesperson for Amtrak indicated that 39 people aboard the train suffered injuries. It was not immediately apparent if alcohol or drugs had any influence on the big rig driver's frame of mind.

Train accidents appear to take place with more frequency, although it is not always the fault of the train or its conductor.

Continue reading "California Amtrak Crash Leaves Many Injured" »

In 2011, almost 150 boating injuries and nearly 30 boating fatalities occurred in Southern California, according to the California Department of Boating and Waterways. Negligence is often involved in boating or jet ski accidents. Negligence can mean not putting on life jackets because they are thought to be unnecessary, operating a boat or jet ski at high, unsafe speeds, not paying attention to the other water vehicles around you, and not abiding by waterways rules and regulations.

This summer a young 16 year old girl was jet skiing with her family in Hawaii when she was struck by another jet ski being operated by an allegedly negligent 20 year old man. The next day the young woman died as a result of her injuries. Her parents are suing the man who was operating the other jet ski. He has been charged with third-degree criminal homicide, a misdemeanor. Investigators have alleged that the man was recklessly driving, not paying attention to where he was going while standing up and showing off for his girlfriend who was nearby. The girlfriend was also charged by police for deleting the video she had recorded of the accident in an attempt to cover it up, according to authorities.

Just a month earlier than that accident in Hawaii news reports brought news of a tragic accident for the stepson of the famous singer, Usher. The young 11 year old boy was floating in an inner tube with a friend when a jet skier struck him and his young friend. The boy was airlifted to a local hospital in Atlanta and was found to be brain dead.

Now we have reports that last weekend a 58 year old woman was jet skiing along the Colorado River when she was struck by another personal watercraft. It knocked her into river; she died almost an hour later at Colorado River Medical Center. Officials say that she and a companion had stopped in order to wait for the remaining members of their party to catch up when the accident took place. The accident is still under investigation by the sheriff's Marine Enforcement Unit.

Continue reading "Jet Ski Accidents Can Prove Fatal" »

During the summer months many Southern Californians opt for road trips with their families in order to visit distant friends and family. Road trips are also a good way to special sites on the way to your final destination. There are dangers involved with long distance road trips. Riverside and San Bernardino attorneys want to remind you of the dangers of driving while drowsy.

Drowsy, or sleepy, driving occurs when the driver's ability to be alert is considerably lower than it would be if the driver were "fully awake" or "well rested." Being drowsy can vary widely for each individual driver but sleepiness does seem to have an effect on a driver's ability to drive safely on the roads. The National Highway Traffic Safety Administration (NHTSA) roughly estimates that 100,000 police-reported crashes every year are due to drivers who are tired or fatigued. Drowsy driving is particularly worrisome because the driver is not capable of making an effort to avoid crashing; the driver is asleep and therefore not aware that danger is imminent. Drowsy drivers run the risk of crashing head on into a wall, a tree, or another vehicle while still traveling at full speeds.

Individuals who have been found to be drowsy drivers include adults between the ages of 18 to 29, individuals with long work hours/shift workers, parents, individuals who travel a lot for business, and individuals with undiagnosed or untreated sleep disorders. Each of these categories of potential drowsy drivers experiences different risk factors that contribute to their driving while being fatigued. There are warning signs that all California drivers can be mindful of, they include: yawning repeatedly, having difficulty keeping your eyes open or focusing, not being able to recall the last few miles that were driven, missing traffic signs, drifting out of your driving lane or repeatedly driving over the rumble strips that divide each lane, and accidentally tailgating other vehicles.

Continue reading "Southern California Drowsy Driving Risks" »

Riverside and San Bernardino attorneys have been revisiting safety tips for water safety this summer but now it is time to turn our focus to another safety topic for summer time health: heatstroke. Summer's rising temperatures can cause heatstroke very quickly and because children tend to be home more often during the summer accidents can happen that would not be an issue the rest of the year. The National Highway Traffic Safety Administration (NHTSA) has issued a nationwide campaign to remind parents and other caregivers that vehicles can be unsafe for children when its hot outside.

According to the NHTSA a break from the normal routine can wreak havoc on a parent's ability to ensure a safe environment. News reports have shown extreme injury or death take place when a parent or caregiver has forgotten that the child was still in the car because they are not typically the ones that are involved in the child's routine of day care drop off or whatever it may be. The NHTSA is reminding adults to make it a habit of checking the front and back of their car before locking it and walking away. If the routine absolutely needs to be interrupted then have the spouse or caregiver that is dropping the child off call you after to make sure everything went as planned. Or the childcare provider can call too. Parents can place triggers in the car to help them remember a child is in the back seat. Examples include: placing a purse or briefcase in the back seat so that you need to look back there when you leave the car, or writing yourself a note and putting it in a place you can see it in the car.

Parents can also be tempted to leave young children in the car unattended in order to run a "quick errand." This is a big no-no when it comes to child safety. Car temperatures are known to rise nearly 20 degrees within the first 10 minutes of being left in the sun. Young children cannot handle heat as well as adults. Any adult that notices a child has been left alone in a hot car should call the police. If it is apparent that the child is in distress immediate action to remove the child from the car should take place.

Continue reading "National Highway Traffic Safety Administration Advocates Keeping Children Safe From Heatstroke This Summer" »

Like many other California cities, namely Los Angeles, Whittier, Irvine, Roseville, Emeryville, Glendale, Loma Linda, Berkeley, Costa Mesa, Fullerton, Fresno, Redlands, etc., Riverside is considering putting an end to the use of red light cameras. Reports indicate that Caltrans and Riverside city staff are "fed up" with the program.

Riverside currently has 21 traffic intersections with red light camera surveillance contracted through an Australian company named Redflex Traffic Systems. Redflex has been in charge of the surveillance since 2006. Three of the 21 intersections have five cameras that are surveying state right-of-way, of which Caltrans permits have expired for use of those cameras. When the renewal process for those cameras is initiated Caltrans reviews data regarding collisions from the intersections and uses that to determine the need for the cameras. At this time, Caltrans does not see a need in those three intersections and has requested the cameras be removed. For Riverside, that means a monetary loss because the Caltrans intersections are the most profitable for the city. When Riverside extended their contract with Redflex in 2011 a clause was included that allowed the city to end the program without penalty given a 60-days notice. City officials are saying this is what the city needs to do since the program is would no longer be profitable without the Caltrans cameras.
Another problem with the red light camera program allegedly occurs with the retired police officers who are employed to review the tickets. Certain regulations made by CalPERS affect the amount of hours and circumstances that a retired government employee-who collect pensions-can legally fulfill. In a nutshell, they are "only supposed to fill interim jobs for up to a year."

Continue reading "Riverside Might Be Discontinuing Use of Red Light Cameras" »

The United States Department of Health and Human Services has released its findings from a recent study of nursing homes across the country. Each nursing home that was chosen for the study had experienced a natural disaster in the form of hurricanes, floods or wildfires between the years 2007 and 2010. Anyone with loved ones who are cared for at nursing homes should know the results of this study.

A key component of being able to respond to the needs of the patients in the nursing home during a natural disaster or emergency situation lies in the training of the staff, particularly training for natural disaster management. Being prepared with this specific training ensures that the residents of the nursing home, who are often in vulnerable circumstances themselves, are protected. Part of the training should include establishing certain actions or measures that will be taken to make evacuation a safe and timely procedure during a natural disaster. Unfortunately, this study found that these practices were nowhere near being "established" or "in practice."

Officials found that 72% of the staff at the nursing homes had received the proper emergency training regulated. They also found that 92% of the nursing homes in the country were compliant with federal regulations for emergency planning. That is where the good news stops. When researchers began to go into specific nursing homes and interview staff members what they found was that many still needed serious work in order to ensure the safety of the residents under their care. Shockingly, not one of the nursing homes met the federal recommendation for a seven-day water supply if their water became unsafe or unavailable because of emergency situations that had arisen.

Continue reading "Findings Of Recent Study Shows Nursing Homes Still Not Ready To Respond To Emergencies" »

• The family members of the mother and son involved in a fatal car accident last weekend in Brawley are still trying to put the pieces together of what happened while they were traveling to visit family in Mexico. Those in the car were the mother, her two sons (8 years old and 19) and a friend. The friend who had been in the car recounts the accident and indicates that the mother had been speeding in an attempt to get out of a dangerous area of the drive as soon as possible. The car was traveling at 40 mph in a 15 mph zone, on a stretch of road where sharp turns were common. When they came upon their second sharp turn the car was already turning over and ended up in a nearby canal, turned over.

The teenage friend was able to kick his window out and pull the 8 year old out of the car but was not able to help his friend or his friend's mother. There were no indications what kind of car they had been driving. Family members are still seeking answers as to what went wrong in the crash. Friends are planning car washes to help raise money for the burial services.

• Earlier this month another woman, this time from Apple Valley, lost her life in a rollover crash. The woman allegedly lost control of her car and it turned over into the driveway of a home on Red Feather Road. The 31 year old woman died at the scene just before 8:30pm.

• Just yesterday another group of teens were involved in a serious crash on Highway 74 east of Lake Elsinore. One teen died and the others were injured badly. Officers indicate the car they were traveling in, a Honda Civic, crossed into oncoming traffic and ended up colliding head on with another car (coincidentally another Honda Civic), although that driver had made an attempt at avoiding it. Officers are not sure of the reason that the Civic crossed into oncoming traffic but it was eventually broadsided on the driver's side. The injuries sustained by the driver were too severe he died at the hospital later that night.

Continue reading "Report Of Latest Accidents On San Bernardino And Riverside Roadways " »

Multiple news sources have reported the results of the rain and driving on the Riverside and San Bernardino roadways. An early morning crash took place when a big rig skidded on a wet highway and went over the side of the southbound 215 connector. The result was practically all of westbound I-10 closed in order for Caltrans crews to clean up the 150 gallons of fuel that had spilled onto the highway. Thankfully, the driver survived and there were no other cars struck.

As you head out in your car or motorcycle today, please make sure to remember a few very important safety tips to insure you arrive at your destination and back home again safely! First, slow down. High speeds and wet roads just do not mix. The speed limits that are posted on roads and freeways are for ideal conditions so when rainy weather is brought into the mix drivers must lower their speeds in order to enjoy a safe ride.

Second, give yourself some extra time. If a driver is not in a hurry they will be less likely to increase their driving speeds. Pay attention to the experts that are reporting about road closures and current driving conditions, this can help a driver gauge how much time they need to allow themselves in order to get to their destinations on time.

Third, be prepared. Drivers need to have windshield wipers that are in good condition. If drivers are heading to mountain-country then it is a good idea to have chains for their tires and clothing that is water resistant and warm. Having headlights that work, making sure bulbs are replaced when needed, can insure that a car is visible to others around you in rain, snow and fog conditions. Being prepared (don't forget to make sure your gas tank is full!) for any of these conditions leaves drivers with the peace of mind that they can enjoy a day out of the house and return home safely.

Continue reading "Riverside and San Bernardino Rainstorms Increase Dangers While Driving " »

Auto accidents take place in all kinds of weather but when rain falls on Southern California freeways there is a good chance auto accidents will occur. Those residents that live in the mountain areas of Big Bear Lake and Lake Arrowhead are more than aware of the inconveniences to their commute that can arise during the winter months. Maintenance crews for Caltrans are trying to do what they can to prepare for the winter and prevent as many problems as possible.

Weather conditions are typically unpredictable leaving some best efforts to wash away with the rainwater but according to Caltrans spokeswoman Terri Kasinga, that has not stopped maintenance crews from preparing for winter, since the end of last winter. Maintenance crews in the mountain areas spent the warmer months of the summer inspecting the roads for cracks, clearing and ensuring that screens that prevent closures of highways due to rockslides were clear, and cleaning culverts. The maintenance crews in the cities worked on cleaning drains and smoothing roads by paving potholes. Maintenance workers for utility companies have prepared for the windy weather and the possibility of power lines snapping because trees fall over.

The memories of last year's problems on the roadways are still fresh in the minds of officials in San Bernardino and Riverside counties. The six month long closure of Highway 330 was a severe blow to all preparation steps taken during the summer months last year. The heavy rains that fell in December completely washed away parts of the highway and crews spent those long months trying to repair the road and make it safe for commuters again. The recent rains have some officials beginning to worry, especially since some maintenance crews have not finished their cleaning preparations.

Continue reading "San Bernardino and Riverside County Freeways Being Prepared For Winter" »