car accidents - Walton Law Firm

What is the School Bus Danger Zone?

North County Injury Lawyers — Fri, 11 Oct 2024 12:52:00 GMT

Whether your child attends a school in San Marcos or a nearby area in San Diego County, you may already be aware of various safety risks that often impact kids who ride or are waiting for school buses, as well as those who are regular pedestrians in areas where school buses drive. While school-age pedestrians are at greater risk of injury around school bus pick-up areas and in school zones than other pedestrians, it is also important to know about specific risks associated with the area immediately around a school bus itself. Researchers often point to the hazards children face while waiting for a school bus, but there is also something known as a “danger zone” around the school bus where collisions are most likely to occur.

What do you need to know about the danger zone? And what should you do if your child is injured in a school bus accident?

The School Bus “Danger Zone”

The school bus “danger zone” is a more commonly and widely understood phrase than you might think. It is used across states, cities, and towns in relation to school bus hazards and areas where injuries are common. So, what is it?

According to the State of California Department of Motor Vehicles (DMV), the school bus danger zone “is the area on all sides of the bus where children are in the most danger of being hit, either by another vehicle or their own bus.” The DMV clarifies that this zone is relatively large, often extending out by 30 feet from the school bus front bumper (although the initial 12-foot area extending from the bumper is the most dangerous), 12 feet on either side, and another 12 feet from the rear bumper. In terms of sides, the left side is more dangerous than the right side.

Who is Liable for a School Bus Injury?

Liability in a school bus accident is not always straightforward. Even in cases where a bus driver’s negligence causes an injury, not only can the bus driver be liable, but the school district will likely be liable, as well. Parties who are commonly liable in school bus accidents include but are not limited to:

School bus drivers;
School district;
Mechanic who worked on the school bus;
Motorist driving near the school bus; and/or
Designer or manufacturer of the school bus or one of its components.

As the State of California Department of Motor Vehicles underscores, the school bus danger zone is not only defined as such because a child can be struck and injured by a school bus. These are also areas where other motorists driving nearby or passing a bus can be involved in a collision. Thus, while the school district may be liable for a range of injuries that occur on or around a school bus, other parties may also bear responsibility. It is important to have a lawyer assess your case to determine which party or parties you could be eligible to name in a civil lawsuit.

Contact a San Marcos Personal Injury Lawyer for Assistance

Nobody expects their child to be seriously injured in an accident involving a school bus. And while these types of collisions are certainly less common than other kinds of motor vehicle crashes and pedestrian accidents, they do happen. The best way to avoid injuries is to ensure that you understand the hazards and help your child to understand them, as well. If a collision does occur, it is important to work with an experienced San Marcos school bus accident attorney to identify the liable party or parties and to begin working on a claim for compensation. Contact the Walton Law Firm to find out more about filing a bus accident claim.

See Related Blog Posts:

Common Causes of Pedestrian Fatalities in Oceanside

School Bus Accident Lawyer in Vista

New Report Identifies Types of Drivers by Dangerous Behavior

North County Injury Lawyers — Sat, 03 Feb 2024 02:29:31 GMT

Whether you are driving in Encinitas or anywhere else in San Diego County or across Southern California, you are likely to observe or encounter some type of risky driving behavior. From motorists who speed by you to those you observe texting while driving despite traveling at a relatively high speed behind the wheel, dangerous driving behaviors are, unfortunately, a norm. In fact, according to a recent report from the AAA Foundation for Traffic Safety, more than 50% of all drivers engage in at least one type of risky behavior on a regular basis while driving. That report classifies motorists by the type of dangerous behavior that they routinely engage in, and it provides information about the percentage of each kind of driver on the road.

Our Encinitas car accident lawyers can tell you more about the report, and we can help you if you are injured in a crash and need to file a claim.

Driver Profiles By Risky Behavior

What are the classifications of motorists — or driver profiles — based on the types of risky behaviors they regularly engage in while driving? The report identifies the following six categories and identifies the percentage for each that makes up the total driving population:

Safe drivers (41.2%);
Speeding drivers (22.7%);
Distracted and aggressive drivers (17.3%);
Distracted drivers (15%);
Most dangerous drivers (2.4%); and
Impaired drivers (1.3%).

As you can see, some drivers regularly engage in multiple dangerous behaviors while they are behind the wheel, such as distracted and aggressive driving. You may be wondering: what kinds of behaviors classify a driver as one of the “most dangerous drivers”? These drivers engaged in all of the risky behaviors identified.

Most Dangerous Types of Driving Behaviors

What are all of the types of dangerous driving behaviors? The AAA report cites the following as the most common:

Speeding;
Red-light running;
Switching lanes quickly;
Reading and/or sending text messages while driving; and
Driving under the influence of drugs or alcohol.

While more than 50% of motorists fall into one of the categories of dangerous drivers and routinely engage in at least one of the types of risky actions (or omissions) cited above, the AAA Foundation for Traffic Safety report underscores that those motorists do not recognize the harms in which they are engaging. To be sure, as the report emphasizes, the “majority of drivers perceived unsafe driving behaviors as very or extremely dangerous, and yet, as in past years, many admitted to doing these behaviors at least once in the previous 30 days.” And perhaps even worse, breaking the habits of engaging in risky behavior — especially speeding — is extremely difficult, according to the report.

Contact a Car Accident Lawyer in Encinitas

Nobody in Southern California should have to worry about being injured in a crash caused by a negligent motorist. However, as the AAA report clearly points out, more than half of all drivers on the road behave negligently at least some of the time. As such, there is often a risk of being involved in a traffic collision when you are traveling on a freeway or local road. If you were injured recently in an accident and you suspect another driver’s negligent behavior is to blame, an experienced Encinitas auto accident lawyer at our firm can discuss your options with you for seeking compensation. Contact the Walton Law Firm today to learn more about how we can help.

See Related Blog Posts: Carlsbad DUI Fatality Fatal San Marcos Pedestrian Accident

Car Accident Lawyer in Oceanside

North County Injury Lawyers — Fri, 22 Dec 2023 16:27:47 GMT

Getting older comes with additional injury risks in Oceanside and throughout California. While nobody wants to think about age-related injury risks, it is important to consider safety issues for seniors. Adults aged 65 and older are at greater risk of a range of accidental injuries that are more likely to be serious, including fall hazards and motor vehicle crashes. According to the Centers for Disease Control and Prevention (CDC), there are about 48 million drivers over the age of 65 in the United States, which is a 68 percent increase from about 20 years ago. Although “driving helps older adults stay mobile and independent,” according to the CDC, “the risk of being injured or killed in a traffic crash increases as people age.”

A recent study addresses the relationship between aging drivers involved in motor vehicle crashes and attention-deficit/hyperactivity disorder (ADHD). While we do not often think about the injury risks linked to ADHD among older adults, this new study in JAMA Network Open suggests that there is a clear connection between ADHD in older adults and the likelihood of a motor vehicle crash. Our Oceanside car accident attorneys can say more.

Details of the Study on ADHD and Older Adult Traffic Collisions

The authors of the recent study assessed data from five major US cities, including San Diego, to “examine the prevalence of ADHD and the association between ADHD and crash risk among older adult drivers.” While there has been a significant amount of research on older adult driving safety more broadly and on the connection between ADHD and younger drivers, little research has been done on ADHD and older adult driving risks.

The researchers studied nearly 3,000 drivers with a mean age of 71, and they determined that “older adult drivers with ADHD had significantly higher incidence rates of hard-braking events per 1000 miles than those without ADHD . . . as well as self-reported traffic ticket events per 1 million miles and self-reported vehicular crashes per 1 million miles.” Adjusting for other factors, the researchers found that older adults with ADHD have a 7 percent increased risk of “hard-braking events,” a 102 percent increased risk of traffic tickets, and a 74 percent increased risk of being involved in a car accident. In short, it appears that ADHD among older adults is a significant factor in motor vehicle crashes among drivers aged 65 and up.

Keeping Older Adult Drivers Safe

What can older adults do to stay safe on the road? It is important to recognize the limitations of ADHD and to adjust accordingly, and to take the following precautions outlined by the CDC:

Wear a seatbelt;
Only drive if conditions are safe, meaning in daylight and in good weather;
Avoid driving if you are tired; and
Never consume alcohol and drive.

Contact an Oceanside Car Accident Lawyer

If you were injured in a motor vehicle accident, it is important to talk with an attorney about your case in order to determine your options for compensation. An experienced Oceanside auto injury attorney can assess your case to determine which party or parties may be liable, and we can assist you through your insurance claim and your lawsuit against the liable parties. Contact the Walton Law Firm today for more information about how we can help you to seek the compensation you need.

Car Accidents and Older Drivers in Vista: What Should You Know?

North County Injury Lawyers — Thu, 31 Aug 2023 14:45:03 GMT

Many people in Vista, and residents of Southern California more broadly, know that age can sometimes be a factor in motor vehicle collisions. Yet when most of us think about the connection between a driver’s age and their auto accident risk, we think about teenagers who are inexperienced behind the wheel and may be more likely to engage in risky behaviors like texting while driving or intoxicated driving. While studies do show that teen drivers are certainly at higher risk of accidents in many circumstances, it is important to know that older age can also play a role in assessing a person’s risk of being involved in a motor vehicle crash. According to a recent article from Bankrate, senior drivers experience physical and cognitive changes that can impact their safety behind the wheel. Our Vista car accident lawyers can say more.

Getting the Facts About Older Adult Drivers and Motor Vehicle Collisions

What should you know about older adult drivers and motor vehicle accident risk? The following are some key facts and figures cited in the Bankrate article from the NHTSA, the FHA, and the CDC:

As of 2022, there are nearly 48 million licensed drivers aged 65 and over in the US, and they account for nearly 30% of all motorists on the road;
Older adult drivers aged 65 and up were involved in about 13 percent of all reported fatal car crashes in 2020;
Senior drivers who are aged 70 are considered most vulnerable to a crash and have markedly higher fatal accident rates than motorists between the ages of 35 and 54; and
Nearly 70% of all crashes involving seniors occur on weekdays, and about 66% of all crashes involving elderly drivers are multi-vehicle collisions.

Common Causes of Car Crashes Involving Elderly Drivers

Why are senior drivers at a higher risk of being in a car crash than many younger adult drivers? In short, with aging comes both physical decline and cognitive decline. Both of those things are often paired with increased use of medications that can cause fatigue and increase the possibility of a drowsy driving collision.

According to the Bankrate article, senior drivers’ frequently slowed reaction times due to cognitive decline and medications can mean that they are unable to avoid a collision (where another driver’s reaction time could allow them to avoid the crash), even if the accident ultimately is another driver’s fault. At the same time, older adult drivers do cause many collisions in which they are involved. The following are listed by Bankrate as the most common causes of collisions that involve older adult drivers and that are caused by senior drivers:

Failing to yield right-of-way to another motorist, bicyclist, or pedestrian;
Failing to adequately surveil the surroundings;
Misjudging another driver’s speed; and
Misjudging the gap between a senior’s own vehicle and another vehicle.

Contact a Vista Auto Accident Lawyer Today

If you were involved in a motor vehicle collision or if a loved one was seriously injured or killed in an accident, it is important to seek legal advice. One of the experienced Vista personal injury attorneys at our firm can talk with you today to learn more about your case and to advise you about seeking compensation through an insurance claim or a lawsuit. Contact the Walton Law Firm to learn more about how we can assist you.

New Study Addresses Muscle Car Driver Fatalities

North County Injury Lawyers — Fri, 21 Jul 2023 14:08:13 GMT

Are the vehicle type and its safety features (or lack thereof) to blame when a collision results in a fatality in San Clemente, or should we be placing a greater emphasis on the behavior of the driver who causes the accident? Numerous studies have addressed injury risks in smaller vehicles, suggesting that it is more dangerous to be involved in a crash in a company car or a sports car than in a larger sedan or SUV. Yet a new study from the Insurance Institute for Highway Safety (IIHS) suggests that the type of driver may be more significant than the individual model of a vehicle when estimating the likelihood of a fatal accident.

The study is important because it underscores that driver behaviors are often the cause of serious and deadly collisions. Our San Clemente auto accident lawyers can tell you more about the study and its potential implications for car accident claims in Southern California.

Muscle Cars Associated With Highest Death Rates in Crashes

Previous research has suggested that the size and type of an individual motor vehicle can allow us to estimate the likelihood of a serious injury or a fatality when the vehicle is involved in a crash.

To be sure, the physical aspects of a motor vehicle do play a role in crash safety, yet the new IIHS study intimates that we may be able to anticipate which cars are more likely to be involved in a collision that will result in a fatality (including head-on collisions and those involving excessive speeds). In short, driver death rates are highest in muscle car crashes, and the reason might be the behavior of the driver.

Do Muscle Car Motorists Drive More Aggressively?

The IIHS study notes, “American muscle cars with high horsepower and a hot rod image rank among the deadliest vehicles on the road, both for their own drivers and for people in other vehicles.” Yet the problem is not likely to be the safety characteristics or design of the vehicle itself. Instead, the new study shows that “a vehicle’s image and how it is marketed can also contribute to crash risk.” New muscle cars do not necessarily get poor safety ratings, but they have the highest death rates.

As the IIHS clarifies, the “explanation may lie in the image of the vehicles,” noting how “the muscle cars on this list [linked to high death rates] are associated with the early days of the drag strip . . . and that seems to influence how they’re driven.” In other words, motorists who buy muscle cars might be more likely to imagine themselves engaging in “bolting off the line” acceleration, vehicle racing, and staying “ahead of the pack.” In sum, the language and marketing tactics for these types of vehicles could be “encouraging more aggressive driving,” according to the study.

The IIHS study suggests that motorists behind the wheel of muscle cars could be more likely to engage in negligent driving than other motorists. When that kind of aggressive and negligent driving causes a crash, you may be able to file a claim for compensation with assistance from an attorney.

Contact a San Clemente Car Accident Lawyer

If you need to know more about options for seeking compensation after a motor vehicle crash, one of the experienced San Clemente car accident attorneys at our firm can talk with you today. We can begin working with you on a car accident claim when you are ready to get started. Contact the Walton Law Firm today for more information.

Can I File a Car Accident Lawsuit in San Marcos?

North County Injury Lawyers — Fri, 12 May 2023 15:59:32 GMT

Motor vehicle collisions in San Marcos and throughout San Diego County can be devastating, and even a relatively minor crash with limited injuries can prevent you from returning to work for weeks, months, or even longer. After a car accident caused by another motorist or another party, you may be wondering if you are eligible to file a car accident lawsuit against the party who is responsible for your personal injuries and property damage. In many instances, it is possible to file a lawsuit, but you may have additional options for seeking compensation, as well. One of our San Marcos car accident attorneys can explain in more detail.

You Do Not Need to Meet Any Threshold to File a Lawsuit

Some states are “no-fault” states for auto insurance purposes, which means that you would need to meet a financial or injury “threshold” in order to be eligible to file a lawsuit. We want to be clear that California is not a “no-fault” state, and you do not need to meet any threshold in order to file a lawsuit. If you can prove that another party was liable, you may be able to move forward immediately with a lawsuit.

You Might Want to Start with an Auto Insurance Claim

While you might be eligible to immediately file a car accident lawsuit in San Marcos — which we will explain below — you might want to start the process of seeking financial compensation by filing an auto insurance claim. In general, based on California’s auto insurance laws, you may be able to file a third-party claim with the at-fault driver’s insurance, or you might be able to file a first-party claim through your own auto insurance in some circumstances. There are benefits and limitations to each approach.

In general, a third-party claim means that you do not need to pay your deductible upfront. However, you might run into issues with the at-fault driver’s auto insurance limits, which could prevent you from receiving full compensation for your losses. If that is the case, you might be able to file a car accident lawsuit. A first-party claim might be necessary in some cases, such as when the other motorist was uninsured or in cases where the accident resulted from an issue like a product defect (such as a tire defect or brake defects). In those instances, you may be able to obtain compensation initially through an auto insurance claim before filing a product liability lawsuit against the liable party.

You Will Need to Consider the Statute of Limitations

You can only file a car accident lawsuit if you do so before the statute of limitations runs out. Under California law, most people have two years to file a car accident lawsuit, but there are some cases where you must file an initial claim within six months or one year. To be sure you remain eligible to file a lawsuit, you should seek advice from an attorney as soon as possible after the collision.

Contact a Car Accident Attorney in San Marcos

Do you need assistance with a car accident case? Our firm can help. One of our San Marcos auto accident lawyers can speak with you today. Contact the Walton Law Firm for more information.

Oceanside Car Accidents and Daylight Saving Time

North County Injury Lawyers — Fri, 31 Mar 2023 16:28:01 GMT

It is that time of the year again when clocks go forward, and residents of Oceanside and the rest of the state lose an hour of sleep. Although you might not associate a clock change with a rise in car accident rates, data shows that this is one of the most dangerous times of the year when it comes to serious and deadly traffic accidents. According to an article in Business Insider, daylight saving time “is literally killing us” because of the increase in injuries and deaths at this time of the year linked to losing just one hour of sleep. Our Oceanside car accident lawyers can say more about the dangers of daylight saving time, and we can also assist you with a claim if you are injured in a motor vehicle collision at this time of the year.

Car Accident Injuries and Other Death Rates Rise

As the article highlights, when we lose an hour of sleep due to daylight saving time, we are “prone to make more deadly mistakes on the road.” Indeed, “researchers estimate that car crashes in the US caused by sleepy daylight-saving drivers likely cost 30 extra people their lives over the nine-year period from 2002-2011.” Drivers are more tired when they have to commute to work in the dark, in addition to the fact that they are operating on less sleep. Even in the days and weeks following the changing of the clocks, most of us continue to experience an impact on our sleep schedules.

And it is not only drowsy or fatigued driving resulting in more car accidents that leads to an increased death rate around the start of daylight saving time. As the article underscores, rates of heart attacks also increase significantly due to a change in sleep schedules and amount of sleep. Further, there are “more reports of injuries at work” and “more strokes.” People have a more difficult time concentrating — and being careful — when they are operating on fewer hours of sleep.

How to Seek Compensation After a Car Accident or Other Accident Related to Sleep Loss and Daylight Saving Time

Daylight saving time does not change the fact that drivers and other parties owe a duty of care to motorists and pedestrians. Further, daylight saving time does not impact a property owner’s liability for various types of premises liability accidents involving negligence or other types of accidents that happen.

If another party’s negligence causes an accident or injury, it is important to seek advice from a personal injury attorney about how to move forward. In most cases, a person has two years from the date of the injury to file a civil lawsuit according to California law. After that time, the claim will usually become time-barred.

Contact an Oceanside Car Accident Lawyer

If you have any questions about seeking compensation after a car crash, one of the experienced Oceanside car accident attorneys at our firm can assist you. Whether you were injured in a collision that occurred near the start of daylight saving time or at another time of the year, our firm can help you to seek compensation for your injuries. Contact the Walton Law Firm to learn more about how we can assist you.

What Should I Do After a Distracted Driving Crash in Encinitas?

North County Injury Lawyers — Sat, 10 Dec 2022 02:37:41 GMT

Distracted driving crashes occur much too frequently in Encinitas and throughout Southern California. Whether a distracted driving collision happens at high speed on the I-5 or on a local road, the consequences can be devastating. In 2020 alone, the National Highway Traffic Safety Administration (NHTSA) reported that 3,142 people were killed in distracted driving accidents, and thousands more were injured. Drivers of any age can get distracted behind the wheel, and various types of distractions can cause wrecks. Distracted driving often involves the unlawful use of phones for talking or texting, but it can also involve any kind of distraction that takes the driver’s eyes off the road, hands away from the wheel, or mind away from the important task of focusing on the road.

If you were injured in a distracted driving accident in Encinitas, what steps should you take? Our Encinitas car accident attorneys have tips that can help you with your case.

Call 911 to Report the Accident

After any serious distracted driving accident, it is essential to call 911. When you call 911, emergency responders can arrive at the scene to help with emergency medical care, and the police can gather information for a police report. Any police report from the accident can be extremely useful for a distracted driving claim you file later on.

Collect Evidence at the Crash Scene

If your injuries are not severe enough to prevent you from doing so, you should also plan to collect your own evidence at the distracted driving crash scene. You should use your phone to take photos and videos of the accident scene. In addition, you should determine if anyone witnessed the crash, and you should ask them for their contact information. Witnesses can be critical in distracted driving collisions because they might have seen the at-fault motorist texting or talking on a handheld phone, or they might have witnessed the at-fault driver reaching into the backseat or conversing with a passenger just before the crash. While your attorney may be able to obtain electronic evidence — which we will explain shortly — eyewitness testimony can be important if the source of the at-fault driver’s distraction was not a phone or another electronic device.

Have a Medical Assessment As Soon As Possible

You may know that you need to see a doctor after a distracted driving crash, and you need to do so as soon as possible. Whether you have significant pain or you are not currently experiencing any pain at all, it is critical to keep in mind that some car accident injuries do not cause symptoms immediately. However, latent injuries can worsen if you do not get medical care, and some latent injuries can be extremely serious and debilitating.

Report the Distracted Driving Crash to Your Insurance Company

Your insurance policy requires you to report the accident to your own insurer. You should do so as soon as possible.

Seek Advice from a Lawyer About Filing a Claim

Once you have received medical treatment, you should get in touch with a lawyer about your distracted driving accident case. An attorney can help you plan for an insurance claim and for a car accident lawsuit. We can work to obtain evidence that proves the other driver was distracted, such as data from that motorist’s cell phone that shows they were on the phone or sending a text at the time of the crash. Our firm can also ensure that you file your lawsuit in a timely manner and before valuable evidence gets lost. Under California law, most distracted driving accident lawsuits must be filed within two years from the date of the collision.

Contact an Encinitas Distracted Driving Collision Lawyer

Do you need help filing a distracted driving claim or gathering evidence of the other driver’s distraction? An Encinitas car accident attorney at our firm can assist you. Contact the Walton Law Firm today to learn more about how we can help.

How Can I Prove Drowsy Driving in San Clemente?

North County Injury Lawyers — Fri, 28 Oct 2022 23:50:56 GMT

Motor vehicle accidents in Oceanside can be devastating under any circumstances, whether they result from another driver’s negligence or because of a hazardous condition on the roadway. When another party is responsible for a traffic collision that causes injuries, it is critical to work with a lawyer to find out about seeking compensation and to gather evidence to prove fault in the crash. Depending upon the cause of the collision, fault is easier to prove in some cases than in others. For example, in a car accident caused by a drunk driver, the police might have administered a breathalyzer test and arrested the drunk driver, and any accompanying police reports and records can make up the majority of a civil lawsuit against the drunk driver.

However, fault can be more difficult to prove in other kinds of traffic collision cases. In particular, drowsy driving might seem as though it would be difficult to prove. What do you need to know about proving fault in a drowsy driving case?

Understanding Drowsy Driving in Southern California

In cases involving drowsy driving, you may be wondering what you can do to prove that the motorist who caused the collision was too fatigued to be driving safely. Given that drowsy driving causes at least 50,000 injuries in crashes each year and nearly 1,000 deaths, as the U.S. Centers for Disease Control and Prevention (CDC) points out, it is important to know that there are options for proving that a motorist was drowsy and caused the accident. In fact, many researchers estimate that drowsy driving crashes are underreported or unidentified and that fatigued driving might result in up to 6,000 deaths in auto accidents each year.

Although you may not be able to obtain definitive evidence of drowsy driving, like a breathalyzer test for a DUI case or phone records of texting in a distracted driving case, you do have options to prove that a motorist was too fatigued to drive.

Ways of Proving Drowsy Driving

Whether you are filing a drowsy driving claim against a motorist of a passenger vehicle or a long-haul truck driver, you may be able to rely on the following as evidence in your case:

Drivers on the road who witnessed the fatigued driver blinking frequently, driving over rumble strips, or yawning;
Witnesses at nearby rest stops or gas stations who saw the drowsy driver yawning or showing signs of fatigue;
Traffic cameras that may depict the driver asleep behind the wheel, or driving in an erratic manner that suggests drowsy driving;
Evidence that the fatigued driver has been on the road for an extended period of time; and
Statements front he fatigued driver to others about being tired.

As the NHTSA emphasizes, even evidence of long commute times may show that a motorist was too tired to drive safely.

Contact a Drowsy Driving Attorney in San Clemente

If you were injured in a collision and you believe a drowsy driver was at fault, you could be eligible to file a claim against that driver. In some cases, other parties might also share liability with the drowsy driver, such as the driver’s employer. An experienced San Clemente car accident lawyer can discuss your case with you today. Contact the Walton Law Firm for more information.

Distracted Driving Problems May Be Bigger Than You Think

North County Injury Lawyers — Fri, 24 Jun 2022 20:26:07 GMT

If you are regularly on the road in Oceanside or elsewhere in San Diego County, it is critical to be aware of the risks of distracted driving. Not only should you be taking precautions yourself to avoid getting distracted behind the wheel of your own car, but you should also be aware of the significant likelihood that another motorist on the road is engaged in distracted driving at any given moment. The National Highway Traffic Safety Administration (NHTSA) emphasizes that distracted driving collisions have increased significantly as more car and truck drivers have begun using smartphones, and more crashes have resulted from talking or texting while driving.

A new study published in The Journal of Bone & Joint Surgery suggests that the distracted driving problem may be even bigger than previously suspected. Indeed, the authors of the study reported that more than 99 percent of motorists who have been involved in collisions admit to driving while distracted at least once in the last 12 months.

Details of the Recent Distracted Driving Study

The authors of the recent study surveyed a total of 1,378 hospital patients who were being treated for injuries in motor vehicle collisions. The patients were surveyed anonymously and were “asked about their habits in regard to distracted driving and whether distractions contributed to their current injury or to previous crashes.”

The results of the survey revealed that even more motorists may drive distracted than previously believed. To be sure, 99.7% of the respondents admitted to distracted driving at least once in the last year, and nearly 18% admitted that they were currently being treated for injuries in a collision that resulted from their distracted driving. An additional 31% of the patients surveyed admitted that they had been involved in a previous collision that resulted from their own distracted driving. Almost half of the respondents admitted that they had been involved in a “close call” incident due to their distracted driving, or a near-miss that could have been a crash.

Causes of Distracted Driving Included More Than Smart Phones

While smartphone use has been linked to a rise in motor vehicle collision rates caused by distracted driving, the recent study underscores that distracted driving can involve many different kinds of dangerous actions or behaviors behind the wheel that do not necessarily involve technology. The most commonly cited distractions by the survey respondents included “talking with a passenger and listening to or adjusting the radio.” Beyond those distractions, the patients surveyed reported distracted driving accidents or close calls resulting from eating, drinking, daydreaming, looking at something outside the vehicle, and mobile phone use.

Only about 40% of the surveyed patients said that they had used a handheld device to make phone calls, and 35% admitted to texting while driving “on rare occasions.” Of those surveyed—keeping in mind that more than 99 admitted to distracted driving—about 60% said that they routinely pulled over to a safe spot before reading or sending a text message or making a call. This study in The Journal of Bone & Joint Surgery highlights the serious risks of distracted driving.

Contact an Oceanside Car Accident Attorney

Do you need help filing a distracted driving collision claim? One of our Oceanside car accident attorneys can assist you. Contact the Walton Law Firm for more information.

Driving Safety During the Holidays

North County Injury Lawyers — Sat, 27 Nov 2021 02:56:24 GMT

Although inclement weather is not a problem during the holiday season in Escondido the way it is in other parts of the country, many Southern California residents travel north for the holidays where inclement weather can make driving conditions significantly more hazardous. Yet even if you remain in San Diego County this holiday season, it is important to know that many more vehicles are likely to be on the road, increasing the risk of a motor vehicle collision. What can you do to avoid a serious car crash during the holidays? Our experienced Escondido car accident lawyers can help.

Do Not Engage in Distracted Driving Behaviors

Distracted driving is a leading cause of motor vehicle collisions and deaths in California and across the country. During the holiday season, more vehicles are traveling on California freeways, and roads are congested. With more drivers on the road, the risk of a motor vehicle collision increases, especially if you are not paying attention to your surroundings. Avoid all distractions, from talking or texting on a smartphone to eating in the car or inputting a new address into your GPS. Avoiding distractions can reduce the likelihood that you will be involved in a collision.

Recognizing Aggressive Driving Dangers

Tensions are often running high during the holiday season, and many motorists on the road can become agitated. In extreme cases, aggressive driving behaviors such as tailgating can lead to serious road rage incidents. If you recognize the dangers of aggressive driving and road rage this holiday season, and you do your best to stay calm behind the wheel and to avoid any kind of confrontation with another driver, you might prevent an accident or intentional injury.

Get Enough Sleep Before You Travel

Traveling on too little sleep can be deadly, especially if you are planning for a long-distance trip this holiday season. Before you get behind the wheel, ensure that you have gotten enough rest and that you have a plan to take rest breaks while you are on the road.

Avoid Drinking and Driving

Regardless of inclement weather during the holidays, alcohol consumption is a common cause of holiday season collisions according to the U.S. Centers for Disease Control and Prevention (CDC). The CDC notes that alcohol-impaired driving contributes to more than 10,000 traffic deaths every year, and these collisions are entirely preventable. Whether you are driving home from a restaurant or bar, or you are at a holiday party celebrating with co-workers or friends, it is essential to make alternate plans for getting home if you are planning to consume alcohol. Consider having a designated driver or calling a rideshare service like Uber or Lyft to get you home safely.

Contact a Car Accident Lawyer in Escondido

If you or someone you love was injured recently in a car accident in Southern California, you should seek advice about filing a claim for financial compensation. One of our Escondido car accident attorneys can assess your case for you today. Contact the Walton Law Firm to learn more about how we can assist you.

Valley Center Seniors and Distracted Driving Collisions

North County Injury Lawyers — Fri, 02 Apr 2021 16:01:49 GMT

For most Valley Center residents, news of a distracted driving accident does not produce an image of an older adult driver talking or texting on a cell phone. Yet seniors in California routinely use their phones when they are behind the wheel of an automobile, including in San Diego County. California has had a ban on handheld cell phone use while driving since 2008, but seniors, along with drivers of other ages, continue to talk and text on their phones despite the ban. Indeed, data from a distracted driving study in Southern California suggests that teenagers and young adults certainly are not the only age group responsible for distracted driving crashes resulting from improper cell phone use. What should you know about older adult drivers and the risks of distracted driving?

UC San Diego School of Medicine Study Shows Seniors Engage in Distracted Driving Behaviors at High Rates

According to a study conducted by researchers at the UC San Diego, seniors use cell phones behind the wheel much more frequently than you might think. Indeed, researchers from the University of California San Diego School of Medicine’s Training, Research, and Education for Driving Safety (TREDS) program found that almost 60% of seniors aged 65 and older use their cell phones for talking or texting while driving, putting themselves and others on the road at serious risk of injury in a distracted driving collision.

As the study points out, “the distracted driving habits of young drivers have received a lot of media attention, with reports of SnapChatting, tweeting, texting, and other dangerous behaviors,” yet until the authors of the study investigated the question further, “there ha[d] been a lack of data on whether seniors also engage in these behaviors behind the wheel.” In the study, the researchers gathered information from nearly 400 anonymous drivers aged 65 and up, and they looked specifically at the ways in which those drivers engaged with technology while they were behind the wheel.

Older Adults are Distracted Less Than Young Adults, But They are Still Distracted

The findings revealed that, although older drivers tend to be distracted by cell phones at lower rates than young adult drivers, seniors are nonetheless distracted by smart phones at surprisingly high rates. Of the 60% of senior drivers who admitted to using a cell phone while driving, those motorists also tended to have “a skewed sense of their multi-taking abilities,” suggesting that they could be at even greater risk of a collision. Indeed, many seniors believe that their experience behind the wheel means that they are able to navigate cell phone usage while driving better than younger drivers.

Seniors also tend to have more medical problems that can create additional risk factors for car accidents that “reduce their ability to drive safely,” the authors of the UC San Diego study noted, “such as vision deterioration, frailty, and cognitive impairment.”

Contact Our Valley Center Car Accident Lawyers

Distracted driving crashes can be devastating and catastrophic. If you or someone you love sustained injuries in a distracted driving collision, one of our experienced Valley Center car accident attorneys can discuss your options for seeking financial compensation. Contact the Walton Law Firm for more information about motor vehicle accident insurance claims and lawsuits in Southern California.

Seat Belts and Rancho Bernardo Injuries: What You Should Know

North County Injury Lawyers — Sat, 20 Mar 2021 01:38:25 GMT

Whether you are involved in a motor vehicle collision in Rancho Bernardo or elsewhere in Southern California, you may already know just how important seat belts are to preventing serious and fatal injuries. Yet many vehicle occupants still do not buckle up, especially when they are sitting in the back seat of a car or SUV. A recent article in Bankrate addresses the history of seat belts and motor vehicle safety and considers who far we have come by 2021. We want to discuss some of those considerations with you here and to urge you to seek advice from a Rancho Bernardo car accident attorney if you need help filing a claim for financial compensation.

Long History of Motor Vehicles and Limited Seat Belt Use

According to the Bankrate article, seat belts have been around for much longer than you might think. To be sure, this safety device actually dates back to the 19th century—long before a majority of Americans owned any kind of vehicle—yet they have not been used as widely as many safety advocates would like. Indeed, by 1980, only about 10% of Americans reported that they wore seat belts when driving a car or occupying a passenger seat in a vehicle. Those numbers improved significantly in the late twentieth century and into the twenty-first century. By 2019, just over 90% of Americans report that they wear a seat belt whether driving or riding in an automobile.

Yet that number still leaves about 10% of the American population, and those people make up a startling number of the vehicle accident fatalities reported in recent years. Indeed, data from the National Highway Traffic Safety Administration (NHTSA) shows that more than 37,000 people were killed in motor vehicle collisions in 2017, and approximately 50% of those people who sustained deadly injuries were not wearing a seat belt. The NHTSA predicts that more than 2,500 of those people would have survived the collision if they had buckled up as recommended.

Seat Belts Save Lives

It is critical to know that seat belts do save lives, and it is essential to buckle up. According to the NHTSA, between the years 1960 and 2012, seat belts saved nearly 330,000 lives in motor vehicle collisions. That figure does not even take into account the effects of improved safety devices and tools in automobiles, such as airbags, anti-lock brakes, and electronic stability control.

Studies suggest that seat belts can reduce the risk of death in a collision for front seat occupants by about 45%, and that seat belts in the front seat can reduce the risk of a serious nonfatal injury by about 50%. Younger Americans aged 34 and under are less likely than older drivers and vehicle occupants. Accordingly, future safety initiatives may benefit from focusing on motorists and occupants in that age group, according to Bankrate.

Contact a Rancho Bernardo Auto Accident Lawyer

If you or a loved one sustained serious injuries in a motor vehicle collision, you should seek advice from our Rancho Bernardo car accident attorneys about filing a claim for compensation. Contact the Walton Law Firm to learn more about how we can assist you with your lawsuit.

What are My Options if I Was Injured by an Uninsured Motorist in Vista?

North County Injury Lawyers — Fri, 08 Jan 2021 16:52:07 GMT

Nobody expects to get hurt in a car accident in Vista or elsewhere in Southern California, yet negligent motorists routinely cause serious crashes that result in significant and debilitating injuries. When someone is injured in a collision, they should be able to have the option of filing a third-party claim through the at-fault driver’s insurance or filing a first-party claim through their own insurance. As you may know, California is an at-fault state or a “tort” state when it comes to auto insurance, and motorists are required to carry liability coverage to compensate others who have been injured in collisions.

What happens when an uninsured motorist causes a car crash in Vista or in another part of San Diego County? What options does an injured party have for seeking financial compensation?

Determine if You Have Uninsured Motorist Coverage

If an uninsured motorist caused a collision in which you sustained injuries, you should determine immediately if you have uninsured motorist (UM) coverage. California auto insurance law requires insurance companies to offer this type of coverage, but motorists do not need to buy it. If a motorist opts out of paying for uninsured motorist coverage, she or he must sign a waiver indicating that the UM coverage has been declined.

If you pay for UM coverage, your injuries may be compensable through this coverage, and you should speak with your car accident lawyer as soon as possible about obtaining a reasonable settlement from the insurance company. If you do not have UM coverage, you may still have options for seeking financial compensation.

File a First-Party Insurance Claim

You can always file a first-party insurance claim through your own insurance policy, although you will need to pay your deductible up front. Furthermore, a first-party claim might not be able to provide you with the amount of compensation you need to fully cover your losses.

File a Lawsuit Against the Uninsured Motorist

There is a possibility that the uninsured motorist has the means to pay damages if you file a lawsuit against that motorist and win your case. However, many uninsured motorists do not have deep pockets and often will not be able to pay out a damages award, even if you win your case.

Work with a Lawyer to Determine if Another Party is at Fault

In some uninsured motorist accident cases, another party may be liable for your injuries and may have the means to compensate you for your losses. For example, the uninsured motorist may have been driving as part of his or her job at the time of the crash, and the employer could be liable for your injuries. Or, the collision may have occurred because of a defect in the uninsured motorist’s car, and you could file a lawsuit against the designer or manufacturer in a product liability lawsuit. You should work with a car accident attorney to understand your options under California’s auto insurance law and other relevant laws in the state.

Contact a Vista Car Accident Lawyer

Do you have questions or concerns about seeking compensation after sustaining injuries in a collision caused by an uninsured motorist? One of the Vista car accident attorneys at our firm can help. Contact the Walton Law Firm to learn more about how we can assist you with your claim.

Avoiding Summer Auto Accident Dangers in Carlsbad

North County Injury Lawyers — Fri, 07 Aug 2020 16:26:15 GMT

Whether you are on the road heading to or from work, or you are driving up the California coast with your family for a weekend vacation, you should know that some types of accidents tend to happen more often in the summer than during other months. Winter weather collisions are not typically an issue in Southern California given that the weather is temperate year-round, but many of the summer and warm-weather accident hazards that exist throughout the country are certainly present in San Diego County and throughout the state in the summer. Travelers Insurance identifies some of the most common causes of car crashes from June through September. The following are tips for avoiding a summer auto accident.

High Temperatures can Pose Dangers to Your Vehicle

High temperatures can wreak havoc on an automobile if it is not regularly and properly maintained. For example, if tires are underinflated and the weather is particularly hot, you could be at risk of a tire blowout while you are driving. Engines can also be at increased risk of overheating during the summer. Most of the vehicle-related risks that come with hot weather can be avoided if you have your vehicle serviced regularly.

Be Aware of Construction on California Roadways

Construction work often takes place during the summer, especially on roads and freeways. When you are driving, it is important to be aware of the possibility of construction and the need to slow down accordingly. Roadside construction also means you should be prepared to move over to safely pass construction workers on the roadside.

Keep Your Eye Out for Motorcyclists

Summer is a popular season for motorcyclists, and many motorcyclists who live in and visit California spend weekdays and weekends traveling on the Santa Ana Freeway, the Pacific Coast Highway, and many other major roads in Southern California. Motorcyclists are at particular risk of injury when they are involved in collisions with automobiles. What can you do to prevent a summer motorcycle crash? Always look before you change lanes—do not count on your mirrors alone, which can prevent you from seeing a motorcyclist in your blind spot.

Be Careful About Fatigued Driving

Fatigued or drowsy driving can happen in any season, but more people tend to take longer vacations and road trips by car in the summer. Get enough sleep before you drive, and pull over if you feel too fatigued to focus.

Watch for Bicyclists

The San Diego Tourism Authority acknowledges that, although bicycling is popular throughout the year in the area, it tends to be more common—particularly among tourists—in the summer months. As such, you should develop an increased awareness for bicyclists during the summer whenever you are on the road and are sharing that road with bicyclists.

Seek Advice from a Car Accident Lawyer in Carlsbad

Nobody anticipates a car accident when they turn on the car and hit the road. Yet motor vehicle crashes happen throughout the year, and there are particular risks associated with summertime driving. If you or someone you love sustained serious injuries in a car crash, you should seek advice from a Carlsbad car accident attorney about filing a claim. Contact the Walton Law Firm for more information about the services our firm provides to injured plaintiffs throughout Southern California.

Vista Road Rage Accidents and Aggressive Driving

North County Injury Lawyers — Sat, 15 Jul 2017 01:21:42 GMT

Could a multi-vehicle accident caused by road rage and aggressive driving happen in Vista, California? According to a recent report from ABC News, a motorcyclist’s road rage and aggressive driving caused a serious crash around Santa Clarita. The collision involved a sedan and a pickup truck, and that pickup truck overturned as a result of the crash. The motorcyclist—who was caught on film by other drivers, fled the scene of the car accident. The incident should alerts drivers throughout Southern California to the serious risks associated with road rage and other forms of aggressive driving.

Details of the Road Rage Accident

According to report, the accident happened at approximately 5:45 a.m. on a recent weekday morning. While witnesses could not say precisely what started the altercation, those heading southbound on State Road 14 managed to film a motorcyclist who “appears to try to kick the sedan” the approaches on his right. As a result of the motorcyclist’s behavior, the “sedan veers to the left and briefly collides with the motorcyclist before losing control and crashing into the highway divider wall.”

Yet these were not the only vehicles involved in the crash. “The momentum from the crash sent the sedan toward the middle lane of the highway, where it collided with a white Cadillac pickup truck, causing the truck to overturn.” Reports indicate that the truck driver sustained moderate injuries and was taken to a nearby hospital to be treated. Following the collision, the motorcyclist continued driving southbound without stopping. The crash remains under investigation with the California Highway Patrol.

Majority of Drivers Get Angry on the Road, AAA Study Says

Could an accident like the one discussed above happen in Vista or in other parts of Southern California? According to a study from the AAA Foundation for Traffic Safety, road rage is much more common than you might think. Indeed, as the authors of that study note, “nearly 80 percent of drivers expressed significant anger, aggression, or road rage behind the wheel at least once in the past year,” and about eight million drivers admit to engaging in “extreme examples of road rage.” What is extreme road rage? The study cites behaviors such as “purposefully ramming another vehicle or getting out of the car to confront another driver.”

The following figures help to show the severity of road rage and risks of a serious crash:

51% of drivers admit to purposefully tailgating;
47% have yelled at another driver;
45% of drivers honk to show annoyance or anger;
33% percent of drivers admit to making angry gestures;
24% have tried to block another vehicle from changing lanes;
12% of drivers admit to cutting off another vehicle on purpose;
4%, or 7.6 million drivers, admit to getting out of their own vehicle to confront another driver; and
3% of drivers, or 5.7 million people, admit to bumping or ramming another vehicle on purpose.

Almost two out of three Americans surveyed believe that aggressive driving has become a more serious problem, and about 90% of people surveyed think that aggressive driving poses a serious safety risk. Yet, as you can see, many drivers continue to engage in these risky behaviors.

Contact a Vista Car Accident Lawyer

Were you injured in a motor vehicle collision caused by an aggressive driver? An experienced Vista car accident lawyer can speak with you about filing a claim for compensation. Contact the Walton Law Firm today to discuss your case.

(image courtesy of David Cohen)

Seatbelts Could Save Children’s Lives in Carlsbad

North County Injury Lawyers — Thu, 29 Jun 2017 00:56:53 GMT

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.

(image courtesy of Aaron Burden)

Speeding and Teen Driving in San Diego

North County Injury Lawyers — Fri, 10 Mar 2017 14:59:18 GMT

What are some of the most common causes of fatal teen driving accidents in San Diego? According to a recent report from NBC San Diego, a survey conducted by the AAA Foundation for Traffic Safety showed that speeding, a form of aggressive driving, and distracted driving top the list for common causes of deadly, yet preventable, crashes involving teens. It is important for teens who are getting behind the wheel in Southern California to recognize their own limited experience and to take extra precautions to avoid a dangerous or life-threatening car accident, but the impetus should also be on parents to ensure that their teenage drivers understand the serious risks associated with aggressive and distracted driving.

Details of the AAA Foundation for Traffic Safety Report

As the report explains, the AAA Foundation for Traffic Safety recently conducted a large-scale study that aimed to determine the common causes of fatal accidents among teenage drivers. What did the survey determine? Over the last five years, “speeding was one of the top mistakes made by teen drivers in fatal crashes across the country.” The report indicated that teenagers have been drivers in around 14,000 deadly collisions during the time period, and of those crashes, about “4,200 involved speeding.” To put that number another way, around 30% of all fatal teen car accidents involved speeding. Yet it is often the other driver or drivers in the crash who suffer the consequences of the teen’s choices.

According to Bill Van Tassel, the manager of Driver Training Operations for AAA, “nearly two-thirds of people injured or killed in a crash involved a teen driver are people other than the teen.” In some cases, the victims are passengers in the teen’s car. In other situations, a driver or passengers in another vehicle may suffer serious or fatal injuries.

Driving Instructors Indicate that Parents Can Be Better Driving Role Models

When AAA conducted its survey, it reached out to driving instructors who have learned more about teen driving behaviors during lessons. The AAA report indicates that about 65% of driving instructors who were surveyed indicated that “parents are not preparing their kids to be good drivers, compared to 10 years ago.” What are today’s parents doing wrong? The driving instructors suggest that teens tend to learn some of the following dangerous driving behaviors by watching their parents:

Using cell phones behind the wheel; and/or
Speeding in excess of 15 miles per hour beyond the speed limit.

The fact that teens are seeing their parents talking on handheld cellphones while driving should not come as a huge surprise. Indeed, nearly 80% of drivers who are between the ages of 35 and 55—the age range for parents of current teen drivers—admitted to talking on a cellphone regularly while they were driving. Can parents help to prevent teen driving accidents?

Jennifer Ryan, the AAA Director of State Relations, emphasizes just how important it is for parents to set a good examples for their kids: “Most teens are learning important driving skills from watching their parents and they are picking up bad behaviors along with the good ones.” As such, AAA urges parents with teen drivers not only to teach their children about the serious risks of aggressive and distracted driving, but also to show them what good driving looks like by avoiding aggressive and distracted driving behaviors.

Contact a Car Accident Lawyer in San Diego

Do you have questions about filing a car accident claim? An experienced auto accident lawyer in San Diego can assist you. Contact the Walton Law Firm today for more information about seeking compensation for your injuries.

(image courtesy of Anja)

Road Debris Causing Car Accidents

North County Injury Lawyers — Fri, 02 Sep 2016 19:50:54 GMT

When we are on neighborhood roads or highways in Southern California, should we be concerned about the risk of a car accident caused by road debris? Most of us are typically on the lookout for other drivers who are not obeying the rules of the road or distracted pedestrians who might inadvertently step into traffic, but according to a recent report from CBS News, dangerous road debris causes far more car crashes than you might expect. Between 2011 and 2014, more than 200,000 collisions have been attributed to debris already in the road or to debris falling from unsecured truck loads. What else should you know about crashes caused by debris, and what can you do to prevent them?

AAA Study Highlights Severity of Crashes Caused by Debris and Unsecured Loads

The CBS News report cites a recent study conducted by the AAA Foundation for Traffic Safety, which determined that approximately 39,000 injuries and 500 deaths on the road between 2011 and 2014 resulted from debris. According to Tamra Johnson, a spokesperson for the AAA Foundation, “the really troublesome thing about all this is a majority of these crashes are preventable, if drivers would just take the necessary precautions to secure their load or maintain their vehicle properly.”

The AAA Foundation describes these accidents as vehicle-related road debris (VRRD) crashes, and it indicates that around 25,000 VRRD crashes occur in North America every year. Of those accidents, anywhere from 80-90 deaths occur. Peter Kissinger, the President and CEO of the AAA Foundation, explains that VRRD crashes “are generally less severe than other crashes,” yet “individual incidents can be catastrophic.”

While it might not sound like a major ordeal to swerve to avoid a piece of debris in the road, such incidents frequently lead to severe and fatal collisions. The CBS News report cites a recent incident in which a West Coast driver swerved to get out of the way of a metal shelf that flew out of the back of a pickup truck on the highway. In attempting to avoid the metal shelf, the driver crashed into another vehicle and lost his life. According to the report, that is how about 37% of VRRD accident deaths occur. Most often, fatal VRRD crashes happen “on a freeway in the middle of the day.”

Preventing Vehicle-Related Debris Accidents in San Diego

What can we do in San Diego to prevent accidents caused by road debris? The most important thing is for drivers carrying loads in pickup trucks or other vehicles to ensure that their loads are properly secured. Even if you think a single strap will hold down the load you are carrying, use additional devices to ensure that anything in the bed of your truck will not cause a serious or fatal accident on the highway. As the CBS News report suggests, “if you wouldn’t want your family driving behind what you’re hauling, it’s a good sign it’s probably not safe.”

If you or a loved one sustained injuries in a traffic collision caused by another driver’s negligence, you should consider filing a claim for compensation. An experienced car accident attorney in San Diego can help. Contact the Walton Law Firm today to learn more about our services.

(image courtesy of Dodgerton Skillhause)

Using Crash-Test Dummies to Make Uber Riding Safer

North County Injury Lawyers — Sat, 23 Jul 2016 00:39:30 GMT

If you live in the San Diego area, you are probably familiar with Uber and Lyft. These ride-sharing services have become extremely popular in Southern California, allowing residents and visitors to take advantage of quicker, and often less expensive rides than taxis. Easier than making a phone call or hailing a cab, Uber and Lyft users can simply use an app to catch a ride. But are customers at risk of serious car accident injuries while they are riding in the backseats of Uber vehicles?

According to a recent article from Digital Trends, in response to the increasing use of Uber, Lyft, and other ride-sharing services, the National Highway Traffic Safety Administration (NHTSA) has decided to begin putting crash-test dummies in back seats within the next few years. Can a shift in car accident testing help to prevent severe and fatal injuries in traffic collisions?

Ride-Sharing Services Expected to Grow, Prompting Need for Testing

Before the rise of ride-sharing services like Uber and Lyft, residents of San Diego, as well as visitors to the city, often relied on taxi-cab services to get from one place to another. Yet over the last few decades, the NHTSA has not made any significant moves to begin testing backseat safety. Consumers paying for car-hire services have been riding in back seats for years. However, it is only now that ride-sharing services have become sufficiently widespread—and are only expected to continue gaining popularity in the coming years—that the NHTSA has begun putting plans into place to test the backseat safety of various automobiles in crashes.

According to the article, “the NHTSA plans to begin putting crash-test dummies in the backseats of test cars beginning in 2019.” Traditionally, crash tests that use dummies to determine the risks of injuries leave the backseats empty. Given that the back seats are not occupied when crash tests occur, “safety enhancements have lagged behind advances made for passengers in the front seat.” According to the NHTSA, if it takes steps to improve car accident safety for passengers in the back seats of vehicles, there will be trade-offs with front-seat safety measures.

Protecting Rear-Seat Passengers

What kinds of safety measures help to prevent injuries among Uber customers in the event of a traffic collision? As the article explains, automakers primarily “rely on seat belts and the rear-seat structure to protection occupants.” Yet many backseat passengers do not wear seat belts as the carmakers intend, and as such could be at serious risk of an injury. Severe injuries among back seat passengers who are not wearing seat belts are so common that doctors have given the injury a name: “partition face.” The article clarifies that this nickname refers to “head injuries sustained when a passenger in the rear seat of a vehicle hits the plexiglass barrier that separates the front and rear of taxi interiors.”

What else can automakers do? Some possible solutions include but are not limited to:

Side airbags;
Inflatable seat belts; and
Seat belt pre-tensioners in the back seat.

The decision to use crash-test dummies in the backseat is an important step in auto accident safety. In the meantime, if you or someone you love got hurt in a crash in Southern California, an experienced San Diego auto accident lawyer can assist you. Contact the Walton Law Firm today for more information about our services.