Remote Texters May Be Liable for Texting While Driving Accidents
Texting while driving is a form of distracted driving that results in far too many catastrophic injuries and deaths. While the connection between liability and driving while texting is clear, it may seem far-fetched to impose liability on the person sending a text to a driver from miles away. Yet that is just what a New Jersey appeals court ruled in a recent case.
In 2009, two motorcyclists each lost a leg after they were hit by a driver who was texting while driving. Although they settled their lawsuit with the driver, 18-year-old Kyle Best, they then sued 17-year-old Shannon Colonna. Phone records showed that Best received a text from Colonna within 30 seconds of the crash.
Vigilant Parents Are the Best Defense Against a Defective Child Car Seat
According to the National Highway Traffic Safety Administration (NHTSA), auto accidents are the most common cause of death for children under the age of 13. One of the best ways to protect child passengers is by using a correctly installed, age appropriate child car seat. In fact, all 50 states require the use of child passenger safety restraints for infants and children up to the age of 3 according to specific criteria. Older children, upon reaching state-specific age, height and weight requirements, may move up to booster seats. New laws regarding child safety seats went into effect in California in January 2012. A useful FAQ can be found on the California Highway Patrol website.
Unfortunately, numerous child safety seat options, and the shifting requirements as children grow, can cause many parents and caregivers to make mistakes with respect to the proper use and installation of car seats. One common mistake is installing used or secondhand car seats without knowing much about their history. These seats are often missing parts or instruction manuals vital to proper installation. Additionally, unseen damage from a previous auto accident can compromise the seat’s ability to safeguard your child.
Massive Airbag Recall Affects Most Japanese Auto Makers
A massive recall announced at the beginning of April has been attributed to a Japanese seatbelt and airbag system manufacturing company that is blaming a component in an airbag currently installed in millions of cars throughout the world. This recall includes some 3.9 million vehicles and involves some of the most well-known Japanese automakers including Honda, Toyota, Mazda, and Nissan.
It has been confirmed by Toyota that the faulty airbags were manufactured by Takata Corporation, a Tokyo based seat belt and air bag supplier. The defect is known to be in the air bag inflator in the front passenger air bag. The faulty inflators are causing the air bags to erupt with too much pressure. This defect presents a risk of abnormal deployment of the airbag should an accident occur, and this abnormal deployment carries a risk of injury to the passenger.
What To Do If You’re First On The Scene of an Accident
Being the first to arrive on the scene of a serious accident can be a horrific experience. In these situations, there is a high probability that someone is going to need emergency assistance. But, just because someone needs help, does that mean that you’re obligated to offer it? If you choose not to get involved, as do some bystanders, can there be legal repercussions for your decision? What if you render assistance and the victim’s condition worsens or they die? Can you be held legally responsible?
Many states have enacted “Good Samaritan” statutes to encourage bystanders to become involved when someone is in need. These statutes offer some guidelines, but they are often vague. California Health and Safety Code Section 1799.102, which delineates the California Good Samaritan law, seems to offer complete immunity from liability only to “medical, law enforcement, and emergency personnel” operating outside the confines of “emergency departments and other places where medical care is usually offered.”
How To Avoid Road Rage Accidents and Confrontations With Aggressive Drivers
As most of us try to cram more activities and responsibilities into an already packed schedule, we tend to push ourselves to the limit. One side effect of so many of us trying to reach too many places and get too much done in an unrealistic time frame has been a dramatic increase in the number of road rage accidents. Assuming that you’ve managed to control the rage you may be feeling, what should you do if you encounter it from another driver while on the road?
While one study, by the Centre for Addiction and Mental Health in Canada, analyzed almost six thousand road rage complaints spanning an eight year period and came to the conclusion that most road rage offenses occur on Tuesdays in September, that may not be a helpful statistic for most of us. Let’s assume that you can’t simply avoid driving on Tuesdays in September. If that’s the case, then here we offer a handful of tips that we believe to be more practical.
Celebrate the Holiday and Get Home Safely
Few holidays rival St. Patrick’s Day for enthusiasm and tradition. While it’s always a major hit with those of Irish descent, as the old saying goes, “Everyone is Irish on St. Paddy’s Day.” But along with the festivities often comes a dark side; those who celebrate by consuming alcohol and getting behind the wheel of an automobile. When this happens, the celebration sometimes turns tragic. The number of St. Patrick’s Day accidents is also in a category all its own.
Alcohol-related accident statistics on St. Patrick’s Day are some of the highest of the year. As people prepare to enjoy their celebrations they often overlook the importance of planning ahead to avoid having to get on the road. Many people feel that a designated driver is unnecessary, and that they’re capable of having a “couple of drinks” without being impaired. They are rarely right.
A Few Tips For a Safer Celebration
I’m afraid we can’t be any help in locating the leprechaun’s gold, but we may be able to help you and your friends enjoy an entertaining and fun holiday, and still arrive home safely, if you follow a couple of the simple tips below.
Rules of the Road for Pedestrians
California is blessed with great diversity in many things; the people who live and work here; the variety of terrain, from beaches and ocean cliffs to mountains and forests, to deserts; and a climate that ranges from the balmy subtropical to snow-covered slopes. This makes for an array of choices when it comes to outdoor activities available to residents and visitors.
Due partly to the richness of our environment, and partly to fact that a large portion of our population is dedicated to participating in a healthy, active, outdoor lifestyle, there is more than frequent opportunity for pedestrians to come into contact with motorists. The outcome is not always positive. Pedestrian accidents are often the result. One of the first things parents teach children is to be aware of and alert to the dangers of auto traffic. As adults, we frequently forget to follow this same advice. That is why it’s important for pedestrians make a conscious effort to understand and obey traffic laws in order to protect themselves.
Safely Sharing The Road With Automobile Traffic
Riding a bicycle is something that can be enjoyed by almost anyone at any age. If you’re healthy enough for the physical exertion, there is a whole other world available to you. More and more Californians are turning to bikes for pleasure riding, as well as an excellent form of exercise that most people find more enjoyable than a monotonous walk on a treadmill. Unfortunately, safe, easily accessible cycling lanes, paths, and trails are often in short supply in many areas, particularly in urban locales. The result, of course, is that this frequently puts cyclists in direct competition with auto traffic for the same roadways, and avoiding bicycle accidents becomes more of a challenge.
California state laws afford the same rights to cyclists as to automobile drivers. However, the trade-off for being allowed to use all roads is that bicycle riders have to conform to the same rules and traffic laws that motorists are required to obey.
Another Honor For Robert J. Mandell
The Mandell Law Firm is proud to announce another accolade for our partner, and lead litigator, Robert Mandell. Almost one year after being selected as among The Top 1% Trial Counsel for Medical Malpractice Plaintiff Attorney’s for 2012 in California, we have learned that Rob has been included in Super Lawyers Magazine’s list of personal injury super lawyers in California for 2013. There’ll be no living with him now.
But, seriously, we’re all very proud of Rob. This well-deserved honor only serves to shine a spotlight on an already exceptional legal career. Rob has been a committed advocate, fighting for victims of personal injury for over 25 years. He has led the struggle for his clients against some of the largest companies in the world, and has succeeded in achieving justice for the overwhelming majority of them. This latest commendation from Super Lawyers Magazine is testimony to his dedication to his profession, and to his clients.
Why Accidents Are Always A Legal Matter
Most of us believe, on some level, that we are invincible until we have our first accident – from slip and fall accidents to car accidents, whatever it is we wake up. It’s usually not a pleasant awakening, but it’s the moment we realize that we are just as vulnerable as the people we read about in the papers, who find themselves having to hire auto accident lawyers, personal injury attorneys, or brain injury lawyers.
The truth is that accidents happen and it can be traumatic to deal with if it’s something serious. Most of us don’t know our rights and the compensation we might be entitled to. Just understanding the legal side of a small accident can be daunting and leave you confused and angry. If you ignore it, someone may take advantage of your lack of knowledge regarding your rights. That’s when attorneys come into the picture, such as auto accident lawyers, personal injury attorneys and brain injury lawyers.