car crashes - Walton Law Firm

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.

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.

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.

Driving in San Clemente: Are You at Greater Risk of an Accident Than You Think?

North County Injury Lawyers — Fri, 21 Feb 2020 18:36:06 GMT

When you are driving in San Clemente or elsewhere in Southern California, are you at greater risk of being involved in a car accident than you think? Most San Diego County or Los Angeles County residents do not get behind the wheel with the expectation of suffering injuries in a serious motor vehicle collision. Many drivers have a false sense of security when it comes to driving and auto accident risk. According to a recent article in the Patch, a high percentage of Southern Californians are “in denial about safety” based on information from a recent study. We want to tell you more about the study and discuss actual car crash risks in Southern California.

Driving is King in Southern California

More than in most other major urban areas of the U.S., driving remains the preferred mode of transportation in Los Angeles County and San Diego County. Indeed, in Los Angeles County, according to the article, “private vehicles are used at more than twice the rate of the second-most popular transportation mode, ride-hailing.” To put it another way, more than double the number of people drive than use Lyft or Uber.

Even fewer residents rely on public transportation. Given that public transportation on buses and the subway is significantly more popular and viewed as more convenient in cities like New York and Chicago, and in some cases even in the Bay Area, it may be surprising that so many Southern California residents are steadfastly committed to transportation in their own cars. Why is driving a personal vehicle so much more popular and common? According to the study, motorists have a distorted idea about their own safety and the convenience of driving.

Misconceptions and Misperceptions About Driving and Safety

According to Marlon Boarnet, a faculty member at the USC Sol Price School of Public Policy, the new survey results tell us that, even when Southern Californians have “viable alternatives to driving,” they often decide to drive their own cars “in part because they feel safer.” Motorists and motor vehicle owners disproportionately believe that they are safer in their own vehicles than in a ride-share vehicle or on public transportation.

As Wendy Wood, the Provost Professor of Psychology and Business at USC’s Dornsife College of Letters, Arts and Sciences, explained: “It’s fascinating that people believe they are safer in cars than in public transit. That’s simply false. There are 40,000 deaths per year on the highways, but only a fraction of that number of deaths on mass transit.” Indeed, about 15% of Southern Californians surveyed admitted that they had been involved in a car accident in the last year.

Why do these misconceptions and misperceptions exist? As Wood clarifies, “we all feel safe and comfortable with what we know.” To put it another way, people feel safer traveling in a way that they are accustomed to, which is driving for most Southern Californians. Even though the statistics provide different information, as the Patch article highlights, drivers continue to assume they are safer when they are behind the wheel.

Contact a Car Accident Lawyer in San Clemente

If you were involved in a motor vehicle collision in Southern California, an experienced San Clemente car accident attorney can represent you. Contact the Walton Law Firm today for more information.

AAA Report on Automatic Brakes and Car Accidents

North County Injury Lawyers — Fri, 23 Sep 2016 16:57:51 GMT

Do automatic emergency braking systems actually prevent car accidents? In other words, if you purchase a new vehicle with an automatic emergency braking system, can you simply stop worrying about paying attention to the car that is in front of you on the freeway or in your neighborhood? According to a recent news release from the AAA Foundation for Traffic Safety, not all self-braking cars are made in the same way, and they do not all work at the same levels as one another. In other words, not all automatic braking systems have the same rates of success, and thereby the same accident-prevention abilities. The news release indicates how “new test results from AAA reveal that automatic braking systems—the safety technology that will soon be standard equipment on 99 percent of vehicles—vary widely in design and performance.”

What else should drivers in San Diego know about the recent AAA test and the future of automatic braking systems?

What Drivers Think Versus What Automatic Braking Systems Actually Do

As the news release emphasizes, all new automatic braking systems have the ability to prevent a traffic collision from happening regardless of speed, and thus AAA “urges consumers to fully understand system limitations before getting behind the wheel.” Yet consumer expectations might end up being the biggest problem of all when it comes to automatic brakes, and consumers’ failure to engage the brakes because they own a car with this safety technology could actually result in more accidents. In short, consumers think automatic emergency braking systems will do all the work, but they are mistaken.

As John Nielsen, the AAA managing director of Automotive Engineering and Repair, “AAA found that two-thirds of Americans familiar with the technology believe that automatic emergency braking systems are designed to avoid crashes without driver intervention.” However, as Nielsen clarifies, “the reality is that today’s systems vary greatly in performance, and many are not designed to stop a moving car.”

Some of these systems are designed so that the vehicle will be able to slow the car down or bring it to a complete stop in order to avoid a rear-end collision, while others are simply designed to reduce speed in order to make the crash—when it happens—less severe.

Automatic Braking Can Help to Prevent Crashes

Despite the fact that consumers do not really understand what automatic emergency braking systems do, if automobile drivers are taught how to handle these systems, they can indeed work to prevent crashes. In testing the capacities of various automatic brakes, AAA researchers came to some of the following conclusions:

Automatic emergency braking systems that are designed to prevent crashes could reduce the speed of a car—without driver intervention—by more than double that of automatic emergency braking systems designed only to lessen crash severity;
Automatic emergency braking systems designed for crash-prevention do in fact prevent accidents successfully about 60%t of the time; and
Even when pushed beyond proposed limits, automatic emergency braking systems designed for crash-prevention could reduce the car’s speed by about 74% (resulting in accident avoidance in around 40% of cases), while systems designed only to lessen crash impact reduced speed only by about 9%.

If you were involved in a car accident in Southern California, you may be able to file a claim for compensation. You should discuss your case with an experienced San Diego auto accident lawyer today. Contact the Walton Law Firm to learn more about how we can help.