Articles Posted in Car and Auto Accidents

I recently read an inquiry to Consumer Reports about whether or not uninsured motorist coverage protection was worth purchasing, as an additional provision in a driver’s insurance policy. In many ways, uninsured motorist coverage (“UM”) and underinsured motorist coverage (“UIM”), can be equally as important, if not more important than the liability portion of an insurance policy, itself. An auto insurance policy with limits of 50/100, for example, would offer coverage of $50,000.00 per person, and $100,000.00 per occurrence. Under these insurance policy limits, if a driver is involved in an auto accident involving one other person, the most that injured person could recover from the driver’s policy would be $50,000.00. If there were four people injured in that collision, the most all four could recover under the driver’s insurance policy would be $100,000.00.

Uninsured/Underinsured motorist coverage (UM/UIM) comes into play when someone is injured by a driver with no insurance (though it is required by law in California) or by a driver with insurance policy limits that aren’t sufficient to cover the claim of the injured person. For example, if someone has UM/UIM coverage limits of 100/300 and an uninsured driver runs a red light and causes an accident that causes injuries, the most the injured person could recover would be $100,000.00. If the offending driver had insurance policy limits of 15/30 ($15,000.00 per person, and $30,000.00 per occurrence), the injured person would be entitled to recover $15,000.00 from the offending driver, and then seek the remaining $85,000.00 (totaling $100,000.00) from their own insurance company. UM/UIM coverage is a very important protection to have, because one certainly can’t predict if another driver will cause an auto accident, and what kind of insurance coverage that person will have. Therefore, maintaining sufficient UM/UIM limits to your own auto insurance policy is very important, because it protects you, in the event someone with no insurance, or inadequate insurance, causes an auto accident.

If you or someone you love has been involved in an auto accident caused by a driver with no insurance, or limited insurance policy limits, please call the Brod Law Firm to learn your rights. At the Brod Law Firm, we’ve been fighting for the rights of injured Californians during three decades. Call today for a free initial consultation.

The National Highway Traffic and Safety Administration of the Department of Transportation strives to save lives through research, education, and technology. With regards to technology, the NHTSA has been making leaps and bounds with vehicle to vehicle connectivity, or V2V, since it started researching the technology over a decade, SF Gate reports. It allows cars equipped with V2V capability to communicate to each other information such as speed, direction, and location over a wireless network. The cars communicate with other vehicles within a 1000 foot radius around ten times every second. The car digests the information and warns the driver if it senses a possible collision.

Recently, the NHTSA conducted a focus group with 688 individuals to gauge their reaction to vehicle to vehicle connectivity. The individuals were asked to fill out a pre-questionnaire, and then they were exposed to the V2V technology, and asked to fill out a second questionnaire. Finally, 96 of those surveyed participated in the focus groups. The focus groups were exposed to various functions of V2V communication, including forward collision warning, blind spot warning/Lane change warning, and left turn assist. Most participants responded that they would want the technology in their own car.

This summer, the NHTSA plans to conduct a real life test of V2V in cars, trucks, and buses driven by volunteers in Ann Arbor, Michigan. In a speech in January of this year, David Strickland of the NHTSA expressed his excitement about the promise of V2V communication between cars. He stated that V2V could dramatically reduce the accident rates due to distracted driving. Strickland cites that 80% of non-impaired accidents could be addressed with the technology.

NHTSA is working with various car manufacturers to produce after market V2V products and factory installed ones as well. GM is working on a version that is compatible with mobile phones and can be used by bicyclists and pedestrians in addition to motorists. The NHTSA would like to expand the idea of vehicles that communicate not only with other vehicles, but with infrastructure as well. The Research and Innovative Technology Administration puts forth that vehicle to infrastructure communication (V2I) could reduce road congestion by alerting drivers of the best route for present traffic conditions. It could also be used to more effectively time traffic signals, monitor public transit vehicles, and prevent road run-offs.
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After countless public awareness campaigns, it is difficult to imagine that anyone has escaped hearing the message that driving and texting do not mix. Surely this warning is a part of every driver’s education class across the country. It seems, however, that teens are not listening. This is a trend that endangers every driver and passenger, even every pedestrian, who travels on our roadways.

The San Francisco Chronicle and the Associated Press are reporting the results of a survey conducted by the Center for Disease Control and Prevention (“CDC”). The Youth Risk Behavior Surveillance System study is conducted by the CDC every other year and monitors “priority health-risk behaviors” among adolescents. For the first time, surveys distributed to high school students nationwide in 2011 asked about texting behind the wheel. Fifty-eight percent of high school seniors and forty-three percent of high school juniors who participated in the anonymous survey admitted to either texting or emailing while driving during the previous month. The survey did not ask respondents to distinguish between messaging when the vehicle is moving or stopped.

Researchers at the Pew Research Center, a think tank based in Washington D.C., have also looked at how teens use technology. They found that teens send and receive approximately one hundred text messages per day. For many young people, texting is the primary way that they communicate with their peers. Teens frequently continue reading and to responding to text messages during local car trips. According to focus groups, teens feel that it is okay to text when stopped for a light or stuck in traffic. While many acknowledge that texting while driving is unsafe, they often think they can safely message if they hold their phone aloft so that they can see both the mobile device and the road at the same time.

Chances are that you or someone you know was the victim of theft or involved in a car accident, but did not file a police report. Many find that waiting for the police to arrive and completing the report to be a cumbersome process and would rather heave a sigh of resignation and move on with their day. However, it may be worth the time to file a police report if you want to support your claim to your insurance company. Moreover, a police report could also come in handy during the investigation process if you have a personal injury claim against the other driver, even if it may be inadmissible in civil court due to hearsay rules.

In the case of an accident, a police officer will usually document the date and time of the accident, weather and lighting conditions, road signs/signals, and any other physical or circumstantial evidence that appears relevant to the officer. The officer may also document the name and contact information of known witnesses and take pictures of the scene of the accident, including damage to property. It will also indicate whether anyone was injured and whether emergency services were called to the scene. The police officer will assess the evidence and testimony of those involved and may explain in the report who the officer believes to be at fault.

It is advisable to compose yourself before you report your version of the facts, remembering that the police officer is documenting what you say. If you have a camera available you may also want to take photos of the scene and of property damage and injuries.

For insurance purposes, a police report could be crucial to documenting liability and property damage. Some insurance companies may even require a police report be filed after the fact if one was not completed initially. If you suffered injuries and pursue a personal injury claim, you will want to provide a copy of the police report to your car accident attorney. The police report itself will probably not be submitted into evidence but the information available in the report is a good jumping off point for investigation. Your attorney may use the police report to locate witnesses, as well as the officer who wrote the report. It will also have contact information for the other driver’s insurance policy. Initially, the report may alert your attorney to significant factors that had bearing on the accident. Your attorney may use the report later to bolster your position in negotiations with the opposing party. Finally, your attorney may hire an accident reconstruction expert who can use the report as a starting point for recreating the circumstances of your accident.
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As your Oakland personal injury law firm, our team is all too familiar with the tragedy that can result when someone chooses to get behind the wheel after consuming alcohol. Too many drunk driving accidents in Oakland and surrounding regions result in the tragic injury or lead to innocent lives being cut short.

According to The Oakland Tribune, six year old Xavier Chevez passed away on Friday after spending a week in a coma following a car accident that claimed his mother’s life in the early hours of May 18. Investigators report that Berkley resident Jose Lumbreras, age twenty-four, was traveling at a speed of approximately sixty-five miles despite being on a quiet residential road. At about 1:15 A.M., the Cadillac driven by Lumbreras on California Street became airborne, hitting a tree and landing about twenty yards away on the opposite side of the traffic circle at Allston Way. No skid marks were found in the vicinity, suggesting Lumbreras had not attempted to slow down prior to hitting the circle’s concrete curb. Milanca Lopez, mother to Xavier and girlfriend to Lumbreras, was a passenger and died at the scene. Investigators report that Ms. Lopez had not been wearing a seatbelt. Her son, who was riding in the back seat and was wearing his seatbelt but was not in a booster seat (see our prior post about the new law requiring booster seats for children under eight years of age). Lumbreras also suffered severe injuries and remains hospitalized. Police report he had a blood alcohol count of .219, two and a half times greater than California’s 0.08 legal limit. Six felony charges have been filed in the case, including gross vehicular manslaughter while intoxicated. It is not clear if Xavier’s death will result in further charges.

Reports about drunk driving accidents often make reference to the driver’s blood alcohol count (“BAC”). BAC measures the concentration of alcohol in an individual’s blood, expressing the level as a percentage reflecting grams of alcohol per 100 milliliters of blood. Factors including size, muscle mass, food intake, and hydration influence BAC and result in individuals having different BACs despite consuming the same amount of alcohol. Due to differences in body compensation, women will usually have a higher BAC than men who consume the same amount of alcohol. As BAC levels rise, the effects of alcohol increase. A low level BAC can result in reduced inhibition and limited concentration. At a BAC of 0.08, the legal limit for driving in California, an individual may experience loss of muscle coordination and impaired judgment skills. Higher BAC levels can worsen these effects, progressively lowering reaction times and diminishing reasoning abilities. Loss of consciousness can occur around or above a 0.20 BAC, with death possible at 0.30 and a near certainty at 0.50. While myths abound about “sobering up” with a cold shower or cup of coffee, only time can truly lower an increased BAC level.

Memorial Day is an opportunity to remember the men and women who gave their lives protecting our country and serving in the various branches of the U.S. Armed Forces. The holiday dates back to the post-Civil War era when it was known as Declaration Day. The day has been celebrated more broadly only since taking its current name in 1967 and being specified as a Monday observance the following year. Our San Francisco personal injury law firm expresses our gratitude to the men and women who have served and given their lives in order to protect our nation.

For many, Memorial Day is also the unofficial start to the summer season. As our San Francisco accident lawyer knows, it is also a holiday marked by long weekend getaways and congested highway traffic. The San Francisco Chronicle cites a report from AAA Northern California that estimates approximately 4.2 million Californians plan to travel more than fifty miles for weekend festivities. This estimate marks an increase of 1.5 percent from the 2011 figure. The majority of these travelers, a projected 3.5 million, will travel by road this weekend, an increase of about 1.6 percent. Fewer Californians are expected to travel by air than in 2011, with projections estimating 390,000 state residents will use planes for holiday getaways, a decrease of 5.2%.

While it is always an important consideration, holiday traffic makes safe driving in San Francisco even more crucial. Holiday observances will also result in some closures during the weekend. As has been the case for several toll bridges on recent holiday weekends, the Dumbaraton Bridge will be closed. The closure is in effect from 10 P.M. on Friday until 5 A.M. on Tuesday. Crews will be working to replace a seismic joint on the span that will allow eighteen additional inches of movement in case of an earthquake and will raise the bridge five inches to make room for the addition of ninety-six seismic bearings in the upcoming eight months.

On April 24 2012, the Senate passed S.1813, titled “Moving Ahead for Progress in the 21st Century Act” or the “MAP-21” for short. The bill is now sitting in House of Representative for waiting for approval as H.R. 4348. The bill provides for general highway funding and also new motor vehicle safety regulations. Title 1, Section 31406 of the bill requires that all new cars sold in the United States as of 2015 be equipped with an event data recorder (EDR). EDRs are electronic devices, generally housed with a car’s airbag, which record certain information about the car’s movement seconds before and during a crash.

The provision requiring EDRs be a standard addition to new cars as of 2015 follows the National Highway Traffic and Safety Administration‘s (NHTSA) publication of nationwide standards for the devices in August 2006. According the final rules, the NHTSA estimates that 64% of cars already had EDRs by 2005. However, guidelines for the installation of EDRs were sought from the NHTSA in order to improve accuracy and data collection. The NHTSA standards provide that as of 2013 all EDRs must record:

•Change in forward crash speed •Maximum change in forward crash speed •Time from beginning of crash at which the maximum change in forward crash speed occurs •Speed vehicle was traveling •Percentage of engine throttle, percentage full (how far the accelerator pedal was pressed)
•Whether or not brake was applied •Ignition cycle (number of power cycles applied to the EDR) at the time of the crash •Ignition cycle (number of power cycles applied to the EDR) when the EDR data were downloaded •Whether or not driver was using safety belt •Whether or not frontal airbag warning lamp was on •Driver frontal airbag deployment: time to deploy for a single stage airbag, or time to first stage deployment for a multistage airbag •Right front passenger frontal airbag deployment: time to deploy for a single stage airbag, or time to first stage deployment for a multistage airbag •Number of crash events •Time between first two crash events, if applicable •Whether or not EDR completed recording
The NHTSA sees EDRs as a great tool to collect data on the circumstances of accidents where the airbag was deployed. Of course, not everyone has access to the recorded data. In a physical sense, EDRs are fairly inaccessible and require the same diagnostic equipment and codes to extract the information as many other computerized components found in newer cars. The proposed law would also reinforce existing legal precedent in states such as in California, which have determined that the device’s data belongs to the vehicle’s owner. In a California case EDR data was disallowed into evidence because police officers did not obtain a warrant before downloading and reviewing crash data from an SUV involved in a fatal DUI accident. Therefore, the data may not be collected without the owner’s permission, barring a court order to discover information. Drivers should look for provisions in their car insurance policy that agree to provide their insurance company with the data in the case of an accident. Some insurance companies, such as State Farm, are also providing portable tracking devices to drivers that record similar information as EDRs, in exchange for lower rates.

Just as the NHTSA finds the potential crash information from EDRs useful for research and improving motor vehicle safety, personal injury plaintiffs may find EDRs useful in proving their claim. EDRs could very likely be discoverable in such cases. The information would be invaluable to a crash reconstruction expert hired to evaluate who was at fault in the accident in question. EDRs are not a smoking gun in every case, as many do not record through an entire accident or may be damaged in an accident. Individuals involved in a personal injury lawsuit should consult with their attorney to determine the pros and cons of pursuing such evidence in their case.
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Drunk driving accidents in Sacramento and throughout our Northern California communities remain all too frequent occurrences. Our Sacramento accident attorney sees the dangerous collisions that result from driving under the influence and urges residents to make safety a priority and refrain from getting behind the wheel while intoxicated.

According to a report in The Sacramento Bee, Auburn Police responded to a report of a noisy party on Buckeye Court early Sunday morning. While standing outside their own vehicles at the scene, two officers ordered a driver to stop after the suspect failed to heed a stop sign. A third officer, who was in his car at the time, tried to overtake the suspect but the motorist continued to flee at a high speed. The driver sped through additional intersections, again failing to obey stop signs, until arriving at the intersection of Vista Del Monte and Perkins Way. At that location, the suspect lost control of the car which left the roadway and collided with a parked vehicle before crashing into a pillar that was part of a home on Vista Del Monte. No one in the home was injured. Police released a male passenger but arrested the car’s driver, Ross Levin, and took him into custody on suspicion of driving under the influence of alcohol.

Police throughout our region are on the lookout for drunk drivers. It is also important for other drivers to be alert and aware of the possibility that other motorists may be under the influence of alcohol. Mothers Against Drunk Driving (“MADD”) lists warning signs that a driver may be intoxicated on their website. These signs include: Drifting in and out of the lane of traffic; Rapid acceleration and deceleration; Improper signal usage; Erratic braking; Swerving or weaving across the road; and Slow response to traffic signals. In some cases, driving significantly below the speed limit can also be a sign that a driver is attempting to operate a vehicle while under the influence of alcohol.

The weather can turn on a dime in the Bay Area. Last week, the cold, windy weather suddenly gave way to the sun, giving Bay Area residents an excuse for weekend getaways and barbeques Yet, an unfortunate aspect of the recently improved weather was a slew of auto accidents. Rainy weather makes driving an exercise in focus and restraint, due to the low visibility and slick roads associated with it. Meanwhile, warmer temperatures mean more people on the roads, thus increasing the chances of a crash.

There were no less than four major injury accidents in San Francisco during the week of May 7 to May 14. The accidents exemplify common reasons for collisions.

Drunk Driving:

Thankfully, fatal drunk driving accidents are on the decline. According to the Center for Disease Control drunk driving fatalities declined 20% from 2006 to 2009. Even so, drunk driving is still the cause of 1 in 3 fatal crashes in the United States. The Marin Independent Journal reports that during the weekend of May 12 five accidents were attributed to driving under the influence in and around San Francisco. Earlier in the week, a drunk driver on Treasure Island struck a parked car, pushing it into two pedestrians throwing away trash into a nearby garbage receptacle. The 31 year old man suffered a cut to the back of the head and the 11 year old boy was taken to the hospital with a life threatening head injury. The car also caused minor injuries to a 9 year old boy who was getting out of the parked car at the time. As Mothers Against Drunk Driving urges drivers to remember, there are many variables that determine how alcohol impaired a person becomes with each drink, therefore the safest choice is never drink and drive.

Speeding:

According to Millbrae Patch, on May 10 a man driving a van on 101S between San Francisco and Millbrae exited the freeway into a turn. Due to his excessive speed, he lost control and crashed into a retaining wall. Moreover, the man was not wearing a seat belt and was ejected onto the roadway sustaining major injuries. Freeways and thoroughfares often give drivers a false sense of security because they tend to be wide and straight. However, speeding always reduces drivers’ control over their vehicle and may prevent them from responding in time to an unexpected danger. The National Highway Traffic and Safety Administration estimates that in 2007, speeding was involved in 31% of fatal crashes in the United States.

Turns and Intersections:

CBS Local News reported that on May 9 a PG&E truck turned left into from Van Ness onto 13th Street in San Francisco and collided with a bicyclist. The bicyclist was rushed to the hospital with life threatening injuries. On May 14, an SUV driver hit a 62 year old man at a crosswalk in North Beach and then sped off, leaving the man lying in the street. The hit and run victim was taken to the hospital with a life threatening head injury. The police are asking for help identifying the driver of the SUV. It goes without saying, that leaving the scene of an accident is one of the worst decisions a driver can make. Turns and intersections present a lot of challenges for drivers, especially in high tourist areas like North Beach. Drivers are not only looking out for other cars, but also pedestrians, bicyclists, and buses that may cross their path. Accidents at crosswalks should remind drivers to check all mirrors before turning, pedestrians to look both ways before crossing, and bicyclists to always dismount and walk through crosswalks, rather than unexpectedly veering through an intersection.
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