For families living in Carlsbad, it is extremely important to ensure that your children are wearing seatbelts and are properly restrained in the event of a car accident in Southern California. According to a recent report from NPR, 43% of kids who die in motor vehicle crashes are not properly restrained, which means that these children either were not wearing seatbelts at all or were not wearing seatbelts or other safety harnesses in the proper manner. What can parents learn from this information? It is extremely important to require your kids to wear seatbelts whenever they are in the car, and it is also necessary for parents to educate themselves about the proper restraints for children of all ages.

Traffic Accidents on the Rise

As the report explains, deadly traffic accidents are on the rise in the U.S., and many of them are preventable. In particular, in fatal crashes involving children, the simple act of properly restraining your child could prevent deadly injuries. We do know that some parts of the country have higher rates of child fatalities than others. All in all, however, more than 18,000 children across the U.S. were involved in car accidents between the years 2010 and 2014, and of those children, 15.9% died as a result of the car accident.

Where are the highest rates of child car accident fatalities? According to the report, 52% of kids involved in deadly collisions lived in the South. How does the San Diego area compare? According to a fact sheet from the California Office of Traffic Safety (OTS), young child car occupant deaths have risen in recent years in the state. Indeed, between 2013 and 2014, the total number of kids in California between the ages of 0-4 who died in motor vehicle collisions increased by 50% (from 14 deaths to 21 deaths). Teen car accident deaths, too, have increased.

California Seatbelt Law

The NPR report indicates that state with the strictest seatbelt laws tend to have the fewest auto accident fatalities. California has strong seatbelt laws, according to a fact sheet from the Insurance Institute for Highway Safety (IIHS). Specifically, California has primary enforcement for seatbelt violations, meaning that a person can be pulled over solely for failing to wear a seatbelt. In states with only secondary enforcement, a person cannot be stopped for failing to wear a seatbelt, but instead a seatbelt violation must be tied to another traffic violation for which there is primary enforcement.

In addition, California law requires that anyone who is younger than two years old and under 40 pounds and 40 inches must be placed in a rear-facing car seat. In addition, children who are 7-years-old and under who are less than 57 inches tall must also be in an appropriate child safety restraint system. In California, fines for adults who fail to wear a seatbelt begin at $20, while fines related to child safety seat violations begin at $100.

Contact a Carlsbad Car Accident Attorney

If you have questions about filing an auto accident claim, an experienced Carlsbad car accident attorney can assist you. Contact the Walton Law Firm today for more information.

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(image courtesy of Aaron Burden)

Train accidents and derailments can be devastating, often resulting in severe and fatal injuries. If you or someone you love has been injured in a train collision, you shouldn’t hesitate to speak with an experienced San Diego personal injury lawyer. You may be able to file a claim for compensation.

Details of the Train Accident

What happened in Oxnard? According to reports, three out of five train cars on a Metrolink commuter train derailed after it crashed into a truck in the early hours of the morning. Images from the crash show that the derailed cars “tumbled onto their sides,” leaving four people with critical injuries. Investigators initially arrested the truck driver, Jose Alejandro Sanchez-Ramirez, 54, for “leaving the scene of an injury accident.” Given that many Southern California cities have witnessed a rise in hit-and-run accidents over the last year, it shouldn’t come as a surprise that law enforcement agencies are taking the train crash very seriously.

Investigators have indicated that they continue to seek information about the crash, and a video of the train derailment was sent to the National Transportation Safety Board in Washington, D.C. for additional analysis, according to a report in the Los Angeles Times. By and large, investigators aren’t exactly sure how the accident happened.

Sanchez-Ramirez argues that, while driving his Ford F-450 truck and trailer over the track, it “became stuck,” and Sanchez-Ramirez “tried unsuccessfully to get it moving again.” When he saw the train coming, he got out of the vehicle and “ran for help,” his attorney indicated. The driver’s lawyer pointed out that Sanchez-Ramirez did all that he could to prevent the accident, as he “turned on his high beams and tried to extricate the truck from the tracks, even getting out to push it, but it wouldn’t move.”

Reports indicate that the Metrolink train crashed into the truck, turning Sanchez-Ramirez’s vehicle into “a fireball,” which resulted in 28 passengers being rushed to nearby hospitals. The train engineer, in addition to two other passengers, remained in critical condition as of late last week.

Liability for the Dangerous Crash

Who is liable for the accident? Sanchez-Ramirez’s initial arrest suggests that the truck driver may have behaved not only negligently, but also criminally, when he fled the scene. However, investigators have emphasized that they need to finish their investigation before any decisions will be made about a criminal prosecution.

We do know that the police located Sanchez-Ramirez more than a mile from the scene of the crash. The driver also has a history of traffic violations, including a DUI, failure to obey a police officer, and failure to obey a traffic control device.

Even if prosecutors don’t elect to file criminal charges, the driver still may be liable for damages. When a loved one suffers injuries in a serious automobile accident, it’s important to talk with an experienced California accident lawyer about your case. Contact the Walton Law Firm today to learn more about how we can assist you.

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Train accidents can be very serious and often are life-threatening. It’s very important to take steps to ensure your own safety, and that of others, when you’re walking near train tracks. If you or a loved one has been injured or killed in a dangerous transit accident, it’s important to speak with an experienced personal injury lawyer. In some cases, the train conductor or the train company may have been negligent. Contact the Walton Law Firm today to discuss your case. You may be able to file a wrongful death claim.

Details of the Train Accident

On the Friday night of a Sadie Hawkins dance, Moore and Friend were walking southbound on the train tracks, which, according to KCRA-TV, was the same direction in which a Union Pacific freight train was traveling. Witnesses at the scene indicated that the train engineer blew the horn and even activated the emergency brakes, “but the two kids didn’t move out of the way in time.”

Based on witness reports, Moore pushed Friend out of the way of the oncoming train, saving her life, according to an article in the New York Daily News. Sean Stark, one of the witnesses, told the newspaper that “the engineer was on the horn when finally, they both looked back at the same time.” According to Stark, “they would have both been underneath that train if he didn’t push her out of the way at the last second.”

The accident occurred close to the high school and nearby to a crowded little league park in Marysville. Witnesses rushed to the scene of the accident to try to save the two teenagers. Moore died at the scene, and Friend was airlifted to Sutter Roseville Medical Center.

Authorities currently are investigating the accident, and are “looking into whether the pair was distracted by headphones or something else with the accident occurred.” A spokesperson for Union Pacific indicated that it “takes more than a mile for a train to stop,” explaining why the emergency brakes couldn’t halt the train before it crashed into the teenagers.

Train and Transit Safety

How can you stay safe around trains and tracks? According to the Rail Safety Education network, there are some important tips to remember when you’re a passenger on a light rail or commuter train, as well as when you’re walking or driving near train tracks. These safety tips include:

· Keeping alert: it’s important to remember that trains can come from both directions of a track, and in many cases, they’re quite quiet.

· Obeying warning signs: since passerby often don’t hear trains coming, it’s especially important to abide the warning signs and signals, and to be especially careful if you’re wearing headphones or talking on a cell phone.

· Watching out for the overhang: since trains are wider than train tracks, it’s very dangerous to sit on the edge of a platform at the station.

· Watching your step: when you get on or off a train, there’s often a gap that can lead to a fall.

· Only crossing the tracks where it’s legal: directional signs and safety warnings are in place for a reason—if you cross the tracks or walk along the tracks in any place except a designated crossing zone, you could be risking your life.

If your loved one has been injured or killed in an accident or has sustained a catastrophic injury, a San Diego accident lawyer can talk with you today about your case.

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