Articles Posted in Car and Auto Accidents

Taxis can be a terrific convenience, especially for those not well-served by other mass transit options. They can also be an important safety resource when people opt to call a cab rather than getting behind the wheel after drinking. Cabs also have a notorious reputation for weaving in and out of traffic or speeding in order to maximize profits, putting passengers and bystanders at risk. Our San Francisco taxi accident law firm knows that many drivers do value safety, but also has the experience necessary to understand some of the unique complexities that arise when a collision involves a taxicab.

According to The San Francisco Chronicle, an accident involving a taxi recently claimed a life in the city’s Tenderloin district. A spokesman for the police department said that thirty-eight year old Edmund Capalla was crossing at the intersection of Eddy and Larkin Streets around 7 P.M. on Saturday evening. Reports indicate that a taxi ran a red light and collided with another car that was entering the intersection, causing the cab to spin and then hit the pedestrian. Emergency personnel transported Capalla to San Francisco General Hospital where he later died as a result of injuries incurred in the crash. Police are continuing to investigate the incident and will then share the results with the District Attorney’s office. The prosecutors will then decide whether to file criminal charges against the taxi driver.

Cab accidents can involve the same problems of driver carelessness or inattention that factor into any automobile collision. However, they also pose some unique legal issues. When taxi drivers own and operate their own cabs, a driver is typically solely responsible for damages. However, many drivers either rent their cars from a taxi company or operate as a company employee. In such cases, the company or its insurance carrier may be held liable for the driver’s actions. In addition to general employment law issues, evidence of company policies that encourage lax safety standards can be an added factor. A poorly maintained fleet is another potential aggravating factor in taxi accident liability.

As your Oakland car accident law firm, The Brod Law Firm knows that collisions are often the result of a number of complex factors. An important part of our practice is reconstructing crashes to determine what happened. Often, a negligent driver is the primary cause of a crash. However, many other factors can contribute to the occurrence of an accident and the severity of any injuries. The Oakland Tribune recently interviewed a researcher who is studying an important element of safe driving – the quality and condition of the road itself.

Eighty-five year old Carl Monismith has spent his career studying pavement. Monismith recently retired from his role as director of the University of California Pavement Research Center. During the years following World War II, the highway system was in poor shape and the state assigned the program the task of testing pavement materials to help improve a highway system. The state Department of Transportation wanted to find a way to design and maintain road surfaces resistant to rutting and other decline. The program was boosted in 1989, with a National Strategic Highway Research Program that led to a $9.5 million asphalt testing project, and in 1994, with Caltrans’ interest in an accelerated pavement test program.

The Center uses two heavy vehicle simulators to run real wheels across pavement samples. Those machines allow the researchers to better understand the various substances that compose our roadways. Other pieces of equipment at the Center focus on the impact that water has on samples with results ranging from deformed to nearly-perfect surfaces. As Monismith notes, pavement failure stems from decay over time rather than a sudden event and the project seeks to mimic those conditions.

In a rare turn of events, a passenger was slapped with a ticket for driving under the influence on Friday. According to CBS local news, Brent Franco’s girlfriend was driving him home, but the situation became dangerous when the intoxicated Franco became aggressive and started making threats against her. Franco’s girlfriend was traveling around 65-70 miles per hour on the highway when the he pulled the emergency brake sending the car out of control and over the embankment. He then fled the scene, but police found him at his home and booked him for DUI and criminal threats. Thankfully, no one was injured in the incident.

California Vehicle Code section 23152(a) states, “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” In the above case, it is important under the law to determine that the passenger of the car was also the driver of the car. California Vehicle Code section 305 defines the word driver as “a person who drives or is in actual physical control of a vehicle.” Therefore, by pulling the emergency brake Franco took control of the car from his girlfriend and became the driver even though he never touched the wheel.

Driving under the influence is extremely dangerous and reckless. The Center for Disease Control reminds us that alcohol is a factor in nearly one third of all crash deaths in the United States. Alcohol lowers inhibitions and can lead to exaggerated behavior and slow reaction times. A mix of alcohol, aggression, and impulsive decision making may compel a person to take more risks behind the wheel as well as in many other situations. In this case, the intoxicated passenger’s impulsivity crossed the line and prompted him to take control of the vehicle.
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As a Sacramento injury law firm, we often speak about the dangers of driving under the influence. When people hear the phrase “driving under the influence,” their minds quickly jump to drunk drivers. If pushed, people will recall that the phrase can also include drivers impaired by illegal drugs or even the abuse of prescription medicines such as oxycontin. A report in The Sacramento Bee this week is a harsh reminder that a DUI involving legally obtained drugs can also have tragic consequences.

According to District Attorney Caroline Park, Michael Dean Sharp purchased fifty canisters of nitrous oxide from a Folsom smoke shop on the night of January 7. The product was sold under the brand name “Whip-It”. Sharp opened a canister, filled a balloon with the gas, and inhaled the substance. After using the drug, Sharp got into his Ford Explorer and drove off, heading southbound on Folsom Boulevard. Travelling at sixty miles per hour, he swerved across a double yellow line and narrowly missed hitting two cars. Sharp then collided with a Saturn driven by Christopher Stephen Ohlander Martell (age thirty-seven). Both Martell and his brother, front-seat passenger Robert Todd Ohlander (age thirty-two), died in the crash. A backseat passenger, Bronson Chapman, suffered serious injury.

On Thursday, Sharp appeared before Judge Geoffrey Goodman of Sacramento Superior Court. He admitted to two counts of vehicular manslaughter while intoxicated, for the deaths of the brothers, as well as a third count for driving under the influence and causing great bodily injury, representing the third passenger. Judge Goodman set sentencing for August 31. Officials suggest that Judge Goodman will likely sentence Sharp to serve a term of nine years and eight months in state prison. According to D.A. Park, that would also have been the likely sentence had the case proceeded to trial.

It seems like a week rarely goes by when we don’t read about a drunk driver injuring or even killing an innocent Californian. We are proud to serve as a law firm for victims of drunk drivers in Sacramento and throughout Northern California. Every accident has a story and we work with our clients to understand the unique circumstances of each tragedy so we can help victims recover the compensation that can help them move forward.

Along with other members of our community, we have been following the developing story of a hit and run that occurred in Carmichael. According to The Sacramento Bee, the California Highway Patrol has arrested a suspect in the accident that injured a young couple and killed the four dogs they were walking at the time of Monday night’s crash. In the early morning hours of Thursday July 19, a CHP officer pulled over thirty-one year old Paul William Walden on suspicion of drunk driving near the intersection of Bainbridge Drive and Salazar Drive. During the stop, the officer noticed damage to the 1987 Nissan Maxima that Walden was driving. Walden later admitted to investigators that he was responsible for the Carmichael accident.

At approximately 10 P.M. on Monday, twenty-three year old Gemily West and twenty-one year old Harison Long-Randall were hit by a car in crosswalk at the corner of Garfield Avenue and Engle Road. The couple was walking four dogs when they were hit by a car that authorities estimated was travelling at 80 miles per hour on the two-lane residential street. Long-Randall, who attempted to push West out of the car’s path, lost part of his leg. As of Thursday morning, he was listed in critical but stable condition at San Juan Mercy Hospital. West was listed in good condition but suffered a broken leg. The dogs were all killed in the collision. Investigators determined that the car didn’t even slow down after the crash. Debris at the scene allowed them to conclude that the suspect was driving an older model Nissan Maxima

Professional athletes have sometimes complained that they are held to a higher standard than those in less public professions. In some cases, however, the standards are no different but violating them draws more media attention than when others are responsible for similar transgressions. This may be part of the price that accompanies a high salary and a career that many dream of but few achieve. The lengthier coverage may also help send the message that we are all responsible for our behavior, especially when that behavior endangers the individual and other community members.

According to The Oakland Tribune , Marshawn Lynch was arrested last weekend on suspicion of drunken driving. Lynch played college football at Oakland Tech before being selected as a first-round pick by the Buffalo Bills in the 2007 NFL Draft. He was traded to his current team, the Seattle Seahawks, in 2010. Along with college teammate and 49ers quarterback Joshua Johnson, Lynch founded the Fam 1st Family Foundation in 2006. The group aims to improve children’s lives through mentoring focused on education, literacy and self-esteem. Lynch was in Oakland last week so that he could award foundation scholarship to recent high school graduates.

In the early hours of Saturday June 14, a California Highway Patrol officer observed Lynch’s 2012 Ford van weaving across traffic lanes on Interstate 880 northbound. The officer turned on his lights and Lynch pulled over at the next available exit, stopping in Emeryville near 67th and Shellmound. A CHP spokesperson said Lynch cooperated as the officer administered a preliminary blood alcohol test at the scene and then took him to Oakland’s North County Jail for an additional test. Officials cannot release the specific test results during an ongoing investigation, but did say that Lynch was over the state’s .08 percent limit. Lynch was cited and released, with a hearing scheduled for August 14.

July 6, 2012- 6 teenagers were taken to the hospital, one with critical injuries, after a 15 year old driver crashed into a tree in Alameda, California. According to CBS Local News, the 15 year old driver was transporting four other 15 year olds and a 13 year old in a car the teenagers borrowed without permission. The crash was reported at 1:36 in the morning. The local police department is now investigating whether alcohol or drugs were a factor in the crash.

The California Department of Motor Vehicles (DMV) reports that teenage drivers are three times more likely to crash after 9:00 p.m. and that carrying passengers significantly increases the risk of a crash. Teenage drivers are not only more likely to crash late at night from fatigue or experience, but also because teenage drivers are more likely to binge drink and drive during nighttime hours. Other risks for young drivers include lack of experience, low risk perception, and failure to wear seat belts.

Although the June 6 crash is still in the preliminary phase of investigation, thus far the fact pattern seems to follow the early research conducted about the graduated driving license program that California first implemented in 1998. As background, as of July 1998, teenagers must pass a written test and provide certification that they had completed or were in enrolled in an approved driver’s training program to obtain a learner’s permit. With a learner’s permit, teenage drivers must have a parent or licensed driver over the age of 25 accompany them in the car at all times. They must gain 50 hours of experience, with at least 10 hours of night driving. A guardian signs off on the completed hours. Once the teenager completed the requirements and obtained a provisional driver’s license, they were able to drive alone, but could not drive passengers under the age of 20 for the first 6 months nor drive between the hours of 12:00 a.m. and 5 a.m.

Because a disproportionate number of accidents involving teenagers occur at night or when the teenager has friends in the car, California strengthened the law starting January 1, 2006. The state lengthened the amount of time that drivers with provisional licenses are prohibited from driving passengers under 20 years old to 12 months and pushed back the driving curfew to 11:00 p.m. Effective 2008, drivers with provisional licenses cannot use cell phones while driving, even if they are using a hands free device.

In 2004 and 2007, studies were conducted to investigate the effect of California’s graduated driver’s licensing program on teenage fatalities from motor vehicle accidents. These studies are based on data collected from the first round of requirements and do not take into account the stricter requirements that took effect in 2006. Both studies found that fatalities dramatically decreased for 15 and 16 year old drivers, who were most affected by the new laws. However, the studies also found an equal spike in 18 year old driving fatalities, which suggested that the new laws were delaying teenage fatalities rather than preventing them. The 2007 study, “California’s graduated driver license law: Effect on teenage drivers’ deaths through 2005” also found a significant increase in the number of deaths of unlicensed teenage drivers. Further studies are needed to assess the stricter requirements put in place in 2006.

The International Institute for Highway Safety (IIHS) does a broad range of research on driving safety. It is a strong advocate of graduated driver’s licensing programs because it delays licensing for younger drivers who are at different developmental stage than drivers over 18 and because it allows drivers to gain experience in a more controlled setting. Unfortunately, sometimes teenagers increase their risk of crashing by breaking the rules. A 2012 study from the IIHS found that of the 13-15 year old drivers in fatal crashes, 73% were either unlicensed or were violating their learner’s permit by driving without a licensed driver 25 or older to supervise.

A Congressional Quarterly report on Teen Driving suggests that both parent involvement and law enforcement is key to encourage young drivers to adhere to laws governing provisional licenses. For law enforcement, it is hard to tell which drivers are underage or subject to certain restrictions. California has a secondary enforcement policy which means officers cannot pull over a driver just for looking young and driving at night, but may issue a citation if a driver who has been pulled over for a traffic infraction turns out to be violating restrictions placed on his license. Stricter enforcement of smaller infractions can lead to larger consequences if drivers are secondarily found to be driving without a license. Strict enforcement also makes it more likely that such drivers will be caught. Especially in the case of teenage drivers, enforcement policies save lives.

Although, some studies have been ambiguous on the merits of graduated driver’s licenses, more data needs to be collected and analyzed. Individual states are working on targeting licensing programs to make the restrictions on young drivers as effective and safe as possible without hampering social connection between driving and independence. California is a leader when it comes to implementing new programs like graduated driver’s licenses, and parents and law enforcement must fulfill their role as overseers to make sure the approach is as comprehensive as possible.
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The Epilepsy Foundation reports that epilepsy is the third most common neurological disorder following Alzheimer’s disease and stroke. It affects nearly 3 million Americans who have had two or more unprovoked seizures. Seizures occur when clusters of nerve cells in the brain fire irregular signals, which cause erratic movements or loss of consciousness. Epilepsy can affect an individual at any point in life but more commonly appears in childhood. Epilepsy can also be brought on by traumatic brain injury, stroke, or brain tumor.

According to the Huffington Post, former U.S. Commerce Secretary John Bryson was initially cited for felony hit and run after he was involved in three accidents on the same day. On June 9, Bryson allegedly hit a car stopped for a train, pulled over to speak with the driver, and then hit the car a second time as he was leaving the scene. Shortly after, he collided with another car and was later found unconscious in his car. Authorities administered a breathalyzer test, but it was negative for alcohol consumption. On June 21, Bryson stepped down from his position at U.S. Commerce Secretary citing health problems. The District Attorney has decided to drop the charges, after doctors testified that Bryson had suffered a seizure and was in a state of mental confusion when he left the scene of the accident. Bryson does not have a previous history of seizures.

Such an event makes people question how safe it is for people who suffer from epileptic seizures to drive. Most states place some restrictions on epileptic drivers. However, in many cases, circumstances in which seizures occur are somewhat predictable and therefore the states can limit restrictions placed on drivers at risk for seizure. In California, the Department of Motor Vehicles (DMV) requires that drivers report medical conditions that affect their ability to operate a vehicle safely. In the case of epilepsy, most drivers who have not had a seizure in over six months are allowed to drive without restriction. Some drivers who have not had a seizure in over six months, but for one reason or another, are at a higher risk of seizure are placed on Medical Probation III. Drivers who have not experienced a seizure for three to six months are placed on Medical Probation II. Finally, drivers who have had a seizure within three months or whose seizures are uncontrolled may have their driver’s license suspended, revoked, or denied. California is one of six states that require physicians to report patient seizures.

The DMV looks at such factors as the severity of previous seizures, circumstances of previous seizures according to the individual’s medical history, how long between the occurrence of past seizures, and the driver’s compliance with DMV reporting policies when determining restrictions on an individual’s license.

Drivers who are willing to comply with DMV’s reporting policies are usually are better at self-regulating when they should and should not drive. For instance, drowsiness, alcohol consumption, stressful situations, and changes in medication may increase risk for seizures. Although drivers with epilepsy are about 50% more likely to get into an accident than the average driver, their accident rate is lower for epileptic drivers than male teenage drivers. Most patients respond extremely well to medication and other treatments and accordingly epilepsy does not necessarily mean the end of driving.
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