The autonomous vehicles were recently sent across the Golden Gate Bridge and along the winding Pacific Coast Highway without any hiccups, and California is considering legislation that would allow the self-driving system to be street legal. The tests have been positive and there is a real buzz about the possible positive impact the technology could have on car accident rates.
]]> But that wasn't the biggest news for Google -- Nevada approved the first vehicle license for the self-driving technology, just two months after enacting a law that allows autonomous vehicles on state roads.A combination of sensors and video cameras, along with onboard navigation database to guide the vehicle allow self-driving cars to ride along the road without any human operation.
California Senator Alex Padilla is excited by the enhanced safety self-driving cars could afford drivers, passengers and pedestrians alike, and he hopes our state can soon emulate Nevada soon.
"The vast majority of vehicle accidents are due to human error. Through the use of computers, sensors and other systems, an autonomous vehicle is capable of analyzing the driving environment more quickly and operating the vehicle more safely," he said.
As we quickly approach a world where cars are no longer operated by their owner, the laws will have to catch up with the times. Should a self-driving car fail and get into a car accident, how would liability be assessed?
Source: Reuters, "Google gets first self-driven car license in Nevada," May 8, 2012
]]>But there is an issue that hybrid cars bring to the table that traditional vehicles don't necessarily present: they make almost no noise. And the accident risk these nearly-inaudible vehicles pose to pedestrians and bikers alike can cause catastrophic injuries.
]]> Around 35 miles per hour, the wind and tire noise produced by a vehicle cancels out engine noise. This happens to both hybrid and traditional vehicles. The difference between the two is that hybrids make almost no engine noise at any speed.Beneath 35 miles per hour (and especially at lower speeds, common in pedestrian-heavy areas such as in parking lots, narrow roads or school zones), hybrid cars could be compared to pedestrian assassins -- especially given the information discovered by the National Highway Traffic and Safety Administration in 2009 and 2011.
The NHTSA reports show that, in comparison to their gas-guzzling seniors, a hybrid car has a 37% greater chance of crashing into a pedestrian at lower speeds. Alarmingly, that probability nearly doubles for bicyclists, who are 66% more likely to be struck by a hybrid car at lower speeds than by a traditional vehicle.
Hybrid cars are so difficult to hear because they do not generate any noise (save the natural generation of wind and tire noise at 35 miles per hour), thus they pose a significantly inflated risk to pedestrians and bicyclists compared to traditional vehicles.
However, there is good news -- in 2010, the Pedestrian Safety Act was enacted, which created a minimum noise standard that all cars have to meet. That standard will become official this summer, meaning that hybrid cars will be legally obligated to make a certain amount of noise.
Source: Slate, "The Silent Killer," Paul Collins, May 15, 2012
]]>Such an irresponsible act pulls a driver's attention away from the road and dramatically reduces the driver's reaction time, making it difficult to adjust course should another car have suddenly stopped or a pedestrian have walked across the street. Distracted driving can be as dangerous as drunk driving, and it is seemingly more prevalent amongst younger and less experienced drivers.
]]> That is what makes a new study by the University of Washington on cell phone use and driving very interesting.The study was performed over the course of three years as researchers studied the habits of 384 students. It wasn't specifically designed to investigate cell phone use and driving - the study has been used to look at other forms of addictive behavior as well.
When researchers cross-referenced the use of cell phones with car accidents of the students, they discovered a definite trend. The bottom quarter of students who scored in the bottom quartile of phone attachment (in other words, they were not very attached to their cell phones) had 25 crashes per 100 people per year. Meanwhile, the top quartile (very attached to their cell phones) had 38 crashes per 100 people per year.
The amount of evidence connecting cell phone use and car accidents continues to swell, and it may not be long until California law -- and possibly national law -- further adapts to the dangers of distracted driving, implementing harsher penalties for those using their cell phone behind the wheel.
Source: The Atlantic, "Can Simply Thinking About Your Phone Lead to a Car Crash," Brian Fung, April 30, 2012
]]>Today, a presumed plane crash in Indonesia casts a far less rosy picture of international travel.
]]> There is tragedy and mystery over the Sukhoi Superjet 100 -- a Russian civilian plane that the nation hoped would revitalize its airline industry -- after it vanished on a test flight over Jakarta, Indonesia. While descending from its original altitude to 6,200 feet, the plane disappeared from radar and all contact with it was lost.The number of people on board the Sukhoi Superjet is disputed (somewhere between 37-44 passengers, plus crew), but the plane was headed for a mountainous area of Jakarta and is assumed to have crashed. Rescue efforts had to be halted due to inclement weather, which may have played a role in the aviation accident.
It would seem that, if the plane crashed, officials should have had better judgment than to send a new plane on a route that took it past mountainous terrain on a stormy day.
Obviously, some steps need to be taken before anything is definitively known about the Sukhoi Superjet. Jakarta search and rescue teams need to actually find the plane and then launch an investigation into the cause of the crash. Was it pilot error? A mechanical malfunction? Weather?
After facts about the mysterious incident are uncovered, liability for the plane crash can be established.
Source: CNN, "Russian plane missing in Indonesia," May 9, 2012
]]>Train accidents that result in catastrophic injury or wrongful death aren't overly common in California. But when a train and any other vehicle do collide, the result is always devastating and someone almost always gets hurt or dies.
Because the rail industry is such a significant part of our state's and our nation's economic infrastructure it comes under a significant amount of government oversight. Since about 1990, this has translated into ongoing efforts to improve train safety. But one effort that gained some impetus after a California train accident in 2008 now appears headed for possible derailment.
]]>At the heart of the issue is a system called positive train control. It's a system that's designed to combine a lot of different technologies, including GPS and sensors, to prevent collisions from happening. Had it been in place at the time of that 2008 wreck, it might have prevented the 25 deaths and 130 injuries that occurred when a Metrolink commuter train plowed into a freight train.
The engineer of the Metrolink train was later found to have been distracted as he was texting. It resulted in the crash.
That disastrous wreck spurred Congress to require railroads to install PTC on all trains carrying passengers or hazardous materials. They set a deadline for implementation of 2015. But now the rail industry is lobbying Congress for an extension until 2020 and the Republican-controlled House appears to be acceding. They're pushing to include the delay as part of a transportation funding bill.
Industry officials say the delay is needed because the proposed system doesn't exist and that it will cost them more than $10 billion to create and implement the technology. They say there are other alternatives such as infrastructure improvements that would be more effective and cost less.
Still, there are those in the rail industry who think the current deadline should be kept. Among them is the chairman of Metrolink's board of directors. Richard Katz calls the PTC "the most important innovation in railroad safety that will occur in our lifetime." He says it will save lives and nothing is more important than that.
The issue is expected to surface when the bill gets to conference committee.
Source: Politico, "Railroads, GOP try to delay crash prevention plan," Jessica Meyers, April 24, 2012
]]>That only one vehicle may be involved doesn't make the injuries that result any less catastrophic. A person can suffer brain or spinal cord injuries as readily in a one vehicle crash as in one that involves many. Often times the driver of the lone vehicle wreck may have been distracted or impaired. In such instances, injured passengers have a right to seek compensation.
]]> Whether that may have been an issue in a recent accident along eastbound Interstate 580 in Oakland is apparently still being determined. The California Highway Patrol says four men were hurt, two critically, when the car they were riding in careened off the freeway and plummeted 60 feet down an embankment. This happened between Seminary and Keller Avenues.Officials report that one of the four men in the vehicle managed to get out of the wreck after the crash. The other three had to be extracted by firefighters. The CHP says the 45-year-old driver and 29-year-old front seat passenger were critically injured, though the exact nature of their wounds isn't known. Injuries to the two men in the back seat were moderate, officials say.
The accident occurred around 5:40 a.m. during the work week. Officials say it's believed all four of the men in the vehicle were carpooling to jobs at the same place of employment.
Source: The Oakland Tribune, "Oakland: Four injured after car plunges off I-580," Harry Harris and Robert Salonga, April 19, 2012
]]>The bicyclist, who also was hurt in the incident, supposedly posted his version of what happened in the apparent wrongful death crash the same day. But authorities now reportedly say that surveillance video taken at the time of the collision is raising questions as to the veracity of the biker's version of things.
]]> According to the bicyclist's supposed online post, he was headed into the intersection when the light turned red. The text of the post says, "I was already way too committed to stop." It says the crosswalk filled with people almost instantly. With no path through the crowd, the biker's story is that he tried to find the least populated area, laid his bike over and plowed into the people.But the San Francisco Chronicle now reports that police are questioning that rendition. The paper cites an unnamed police source who says that video of the crash shows the biker hunched over and going fast into the intersection. The official reportedly says that the video shows there were only about three or four people in the crosswalk at the time, but that the bicyclist appears to collide with his victim without showing any sign of slowing down.
Authorities are apparently considering whether to file criminal charges in the case. The district attorney has requested an expedited medical examiner's report on the exact cause of the 71-year-old victim's death.
Source: San Francisco Chronicle, "Video of fatal S.F. crash may contradict bicyclist," Phillip Matier, Andrew Ross, April 11, 2012
]]>Sadly it's too late for one Gilroy woman who suffered a serious brain injury in a catastrophic accident in 2009. At the same time, after several years' worth of legal effort, the victim of this horrible crash has reached a settlement that will result in her receiving $4.55 million from the California Department of Transportation, Monterey County and the estate of the other driver.
The largest block of the settlement; $3.75 million; will come from Caltrans who was accused in a lawsuit of maintaining a dangerous roadway.
]]> The accident occurred in January 2009. According to documentation filed in connection with the suit, Anna Reznik, 65, was headed south on 101 when a driver pulled out in front of her from San Juan Road. They collided. A 92-year-old passenger in Reznik's car died.Reznik's attorney says his client suffered a brain injury, broke nearly every bone from her pelvis to her feet. She underwent multiple surgeries, was bedridden for six months and then required round-the-clock care. Perhaps as testament to her fortitude, she is able today to get around a little bit with the aid of a cane and can drive short distances, but life will never be the same.
The driver of the other vehicle survived the crash but subsequently died of unrelated causes.
Reznik's suit, filed in 2010, alleged the state and county had known of dangers at that intersection as far back as 1946. Her attorney said he was ready to introduce evidence at trial indicating that despite that knowledge, government officials had rejected improvement plans a number of times over the ensuing decades.
The suit had been due to go to trial last week, but all claims were settled out of court as of April 6.
Meanwhile, Caltrans officials have submitted a request for funding that will allow for reconstruction of the interchange to make it safer.
Source: San Jose Mercury News, "Gilroy woman wins $4.55 million settlement for Highway 101 accident," Virginia Hennessey, Monterey Herald, April 21, 2012
]]>The prescription drug in question is isotretinoin. It's sold under such brand names as Roaccutane, Claravis and Amnesteem. It was formerly sold under the name Accutane. It's manufacturer, Roche, says it's been taken by 16 million people worldwide since 1982.
The product is already known to have serious side effects that can inhibit growth in teens and cause miscarriages or birth defects when taken by pregnant women. According to a large new study out of Israel, it's being linked now to personal injury issues such as pink eye (conjunctivitis), styes and dryness.
]]> Researchers at Tel Aviv University say that while eye problems tend to be more common in people with acne, their study suggests that taking the drug can increase the risk of them occurring by about a factor of two. The study examined nearly 15,000 adolescents and young adults and showed that those taking isotretinoin were about twice as likely as those in a control group to develop eye conditions within a year of when they began taking the drug.The authors of the study say that one likely explanation for why users of the drug face an increased risk of eye troubles is that the medication interferes with the meibomian glands in the eyelids. Those glands produce fluids that work to prevent drying. If they don't work right, dryness can set in and cause irritation and infections. They say the drug may also directly irritate the eye.
An eye expert at Oregon Health and Science University who was not involved in the study says that at the very least, parents who are thinking of allowing their children to take Isotretinoin should consult with an ophthalmologist first. He says that if the child does go on the drug, visits to the eye doctor should continue every three months for the first year.
Source: Reuters, "Acne drug tied to a doubled risk of eye problems," Kerry Grens, April 18, 2012
]]>The notification doesn't mean that any of the devices are actually being recalled. What it does mean is that the FDA has determined that there is a potentially significant risk to the health of those who use it. This follows word from Thoratec earlier this year that the heart pump had been improperly connected in 29 cases. In five instances, surgical corrections were required. In one case a patient died raising questions about potential wrongful death.
]]> As a result of the problems, Thoratec has notified doctors and added a caution statement to HeartMate II labeling. New instructions on how to implant the devices to ensure that blood flow is maintained properly are also being supplied with all new units.Some 4,000 patients were reportedly using the HeartMate II as of the end of last year. The HeartMate II is a left ventricular assist device, or LVAD. It is comprised of an implanted pump that's connected by a cable through the patient's abdomen to a battery-powered external controller. If it's not connected properly pump flow can be reduced actually making heart failure symptoms worse.
While Thoratec stock took a tumble after the FDA's Class I recall classification, analysts predict the company will survive. They note that there is no alternative to HeartMate available at this time for heart-failure patients.
Source: The Wall Street Journal, "FDA Recall for Thoratec Device Sends Stock Tumbling," Corrie Driebusch, April 4, 2012
]]>Pilot medical problems during a flight can cause aviation accidents. According to a Federal Aviation Administration (FAA) report, the failure of pilots to disclose potentially disqualifying medical conditions has resulted in hundreds of fatal accidents. In fact, toxicology evidence shows that nearly 10 percent of all pilots involved in fatal accidents had failed to disclose serious medical conditions.
]]> In many states, violations of regulations, including the reporting of medical conditions, are evidence of negligence. A 2007 case led to an investigation into a fatal 1999 crash. The investigation determined that the pilot had been taking a migraine headache drug containing a barbiturate since 1972. Despite the 800 pills he was prescribed the year of the accident, his medical file inaccurately indicated that he did not suffer from frequent or severe headaches.Observers are calling for stricter medical reporting requirements. This is a serious matter given the fact that most aviation accidents result in death. There is no reason that such medical conditions should go unreported. When passengers board a flight they should be assured that individual piloting the plane is healthy. Fatal accidents caused by negligence, or pilot impairment, often result in complicated lawsuits.
Source: PR Newswire, "Turbulence in the Cockpit is a Growing Challenge, Attorney Warns," April 9, 2012
]]>To best represent a client seeking justified compensation for that nature of loss an attorney needs to be able to understand what the family of a wrongful death victim is enduring. That's something that Oakland-based wrongful death lawyers know comes with years of experience.
]]> Coming to a clear understanding of what happened in one recent case of potential wrongful death is what much of San Francisco is looking for right now. People are trying to come to terms with a bicycle-pedestrian collision that resulted in a 71-year-old man dying. Authorities say they are investigating and suggest that formal charges against the cyclist are a possibility.The collision happened last Thursday in the Castro district of San Francisco. At this time, about the only thing that officials offer for explanation of what happened is an online post that prosecutors believe was written by the bicyclist himself. That post described how the cyclist entered the intersection on a yellow light, how the light turned red as he was crossing, and that pedestrians then began filling the crosswalk. The author went on to say that he tried to avoid hitting anyone, but wound up plowing into the crosswalk and hitting the elderly man.
The pedestrian victim was taken to San Francisco General Hospital. He died there Monday.
Meanwhile, the cyclist issued a public statement through his attorney yesterday. He expressed his sorrow for the death but claimed he did not break any laws. His lawyer describes the man as devastated by the accident. He says the biker has also fully cooperated with the investigation, even offering a statement to police from the hospital where he was being treated for his own injuries.
Source: San Francisco Chronicle, "Cyclist in pedestrian's death says he obeyed laws," Ellen Huet, April 7, 2012
]]>The defense of that right is in play in a wrongful death suit recently filed against Kia Motors Corp. The action is being taken on behalf of the estate of a woman who died in a March 2010 accident.
]]> According to the court filings in Illinois, at the time of the accident, the woman who died was in the front passenger seat of a Kia Optima owned and operated by a friend. The complaint alleges that they were hit from behind by a man driving a Chevrolet Malibu. It further states that he was drunk at the time.After the crash, both women were allegedly found in the Optima. Their seat belts were buckled and both front air bags had been deployed. But the backs of their seats had collapsed rearward. Both women suffered spinal cord injuries and were hospitalized. Two months later, the woman who had been in the passenger seat died from complications of her injuries.
Named in the suit are Kia Motors and the seat maker, JCL. The plaintiffs claim that the two companies knew the seats had a propensity to collapse in rear-end collisions. Indeed, their suit alleges that the companies have testified in previous lawsuits that they were designed that way.
Also named is the dealer who sold the Kia Optima to the injured driver. The claim against the dealer is that it was negligent in marketing a product it knew to be defective and that it failed to warn customers of potential dangers. The man allegedly responsible for the crash is also named as a defendant.
The families of the victims are asking for unspecified damages for medical and court costs.
Source: The Record, "Kia Motors sued on wrongful death claims; Suit says Optima's seats collapsed in accident," Andrea Dearden, March 21, 2012
]]>Experienced California-based accident attorneys know that resolution is often as much about a victim being able to recover the greatest sense of wholeness possible as it is about recovering the greatest amount of compensation. This is perhaps especially true when a friend or family member could be deemed culpable in some way. The objective is not punishment, but rather achieving an appropriate settlement with the insurance company so life can move forward.
]]> That may be the driving force behind the case of Lauren Scruggs. She's the 23-year-old model and fashion blogger who lost her left eye and hand last December when she walked into the spinning propeller of a small plane at a Texas airport. She had just been up for a night time viewing of Christmas lights in the Plano area. A family friend was the pilot.After stepping out of the plane, she walked into the still-spinning propeller. The National Transportation Safety Board determined that the pilot was not responsible, though it said he should have shut down the engine sooner. The family has always said that they didn't hold the friend responsible.
While the accident happened about four months ago, Scruggs is very much out and about and seems to be rebounding well. Now fitted with a prosthetic left eye, she recently returned to writing her blog. And in February, she went on a vacation with family to Colorado where she tweeted photos and wrote, "Such a fun weekend with sweet family and friends.''
Early last week, NBC News reported that Scruggs' attorney announced that a settlement had been reached with the pilot's insurance company. The terms weren't made public and the company hasn't confirmed the news.
There had been reports that Scruggs had been disputing the company's claim that she was a "passenger" under the terms of the policy, which apparently would have put a cap on how much she might recover. Both sides reported last week that that issue had been settled. A short time later, Scruggs' lawyer is said to have told NBC that the full case had been resolved.
Source: MSNBC, "Injured model settles insurance claim from plane accident," Scott Stump, March 28, 2012
]]>Officials say this particular accident can't be blamed for any injuries at this time, but they say they are monitoring the wreckage because of the hazardous cargo it was carrying and the threat of potential personal injury it could represent both to humans and the damage it could cause to surrounding habitat.
]]> The derailment occurred early yesterday in a relatively rural area of northern Indiana. Officials say the Norfolk Southern train consisted of three engines and 59 cars, some of which were carrying molten sulfur and toluene. There's concern that some of those materials might have gotten into the nearby Elkhart River.A spokesman for the rail line says molten sulfur is a product used in the manufacture of plastics, dyes detergents, drugs, fertilizer and paper. The product is regularly transported by rail and requires that it be kept at a temperature of 290 degrees Fahrenheit to remain liquified. Exposure to it can cause skin and eye irritation. Breathing its fumes can irritate the nose, throat and lungs.
The company says toluene is used to make paint and paint thinner. It's also an ingredient in some fingernail polish, rubber and other materials. People who inhale it may feel tired, confused, weak and act drunk. Long-term exposure to the chemical can result in passing out and even death.
Indiana officials say that about six families in the area of the derailment were asked to evacuate their homes as a precaution.
The derailment also reportedly disrupted some Amtrak service between Ohio and Chicago.
Source: WTAQ Radio, "Indiana train derailment involved hazardous materials," Susan Guyett, Reuters, March 27, 2012
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