Tractor-Trailer “Flying Wheel” Leads to Fatal Injuries

How did the recent trucking accident happen in downtown Fresno? It appears Tapia’s car was hit by a “flying wheel from a tractor-trailer.” Tapia had been behind the wheel of a Toyota Corolla on Highway 99 when the wheel crushed her. Reports indicate that the wheel “rolled into her lane,” and then “smashed into the roof and driver’s side” of her vehicle. Investigators are not sure precisely how the wheel came detached from the vehicle, but the California Highway Patrol (CHP) continues to look into the matter. Some commentators described the scene as a “freak accident.”

But should we expect better safety inspections for tractor-trailers like the one involved in the deadly accident? Should we need to anticipate that the wheels of big rigs can simply come dislodged when a traffic collision occurs? The victim was working toward a master’s in public health when she was killed, and those who knew her emphasize that “she was on her way to making a huge impact,” according to an article in the Fresno Bee.

Truck Accident Safety and Statistics

Big rigs tend to weigh 10,000 pounds or greater, so it is no wonder that these vehicles often cause fatal injuries when they are involved in automobile crashes. Indeed, the Insurance Institute for Highway Safety (IIHS) emphasizes that large trucks often weigh “20-30 times as much as passenger vehicles,” and they are also “taller and have greater ground clearance than cars.” What does this information mean? In short, “lower-riding vehicles can slide beneath truck trailers, with deadly consequences.” And while federal safety standards require these trucks to have underride guards, the IIHS estimates that many of these guards often fail in low-speed accidents.

According to the Federal Motor Carrier Safety Association (FMCSA), fatal truck accidents happen more than ten times per day—every day—in the United States. Each year, these collisions result in about 4,000 deaths nationwide. And even when passengers are not killed in these dangerous crashes, more than 100,000 suffer serious injuries each year.

Based on data from the FMCSA and the National Highway Traffic Safety Administration (NHTSA), the number of serious and fatal truck accidents rose over the last several years. What is causing the increase in trucking accidents? The IIHS predicts that three major factors are at work in fatal truck collisions:

• Driver speeding;
• Driver fatigue; and
• Truck braking capability.

If you are in a smaller passenger vehicle, it is important to stay alert while you are behind the wheel. But if you or a loved one sustained serious injuries in a truck accident, do not hesitate to contact an experienced San Diego truck accident lawyer. Contact the Walton Law Firm today to learn more.

Image Credit: Alvimann via morgueFile See Related Blog Posts: California Bus Crash Report Drowsy Driving Accidents in California

Have hit-and-run accidents become a serious problem in the San Diego area? At the beginning of the summer, we told you about recent data suggesting that San Diego County is experiencing increasing incidents of deadly hit-and-run crashes. By June of 2014, the California Highway Patrol (CHP) catalogued more than 17,000 of these dangerous collisions. Those accidents resulted in 60 fatalities, and left more than 7,000 seriously injured.

Are pedestrian fatalities becoming the norm in Southern California? According to a recent story from NBC San Diego, deadly hit-and-run accidents continue to happen in our area.

Marine Dies in Hit-and-Run Accident

The frightening trend surrounding hit-and-run accidents continued over the summer. An active duty Marine suffered fatal injuries after he was struck by a box truck in Oceanside, California. The 22-year-old Marine, Joseph Bizzarro, was riding his motorcycle when the truck hit the back of his bike. Bizzarro “suffered major blunt head trauma,” while the “truck driver fled from the scene,” according to NBC San Diego.

The truck was identified as a “B

udget Rental.” The driver attempted to make an illegal U-turn in front of the motorcyclist; after realizing the truck’s intended movement, Bizzarro was not able to stop in time. Bizzarro was riding his bike to the military base when the accident occurred.

Emergency medical responders arrived on the scene the morning of the accident, and Bizzarro was airlifted to a local hospital, where he was placed on life support. He died as a result of his injuries several hours later.

In Bizzarro’s case, the hit-and-run driver actually “changed his mind and returned to the scene,” according to Oceanside police. The driver, Ezequiel Garcia, was arrested for a felony hit-and-run accident. Later reports indicated that Garcia was driving on an expired driver’s license.

Bizzarro’s wife has mobilized members of the community to remember her husband and to seek justice. In an interview with NBC San Diego, she emphasized that she wants Garcia to receive the maximum punishment for his role in the Marine’s death.

Hit-and-Run Laws in California

In California, an offender can be charged with a misdemeanor or a felony for a hit-and-run offense. Under the California Vehicle Code, one can be charged with a misdemeanor for leaving the scene of an accident without identifying one’s self to those involved in the crash, and if another person’s property sustained damage in the collision.

One can be charged with a felony hit-and-run offense for leaving the scene of an accident without identifying one’s self to those involved in the crash, and if another person sustains an injury, which can run from a minor injury to a fatality. In other words, a misdemeanor hit-and-run offense deals with property damage, while a felony offense applies to situations where a person suffers an injury–the seriousness of the injury does affect the charge.

If you or a loved one has sustained injuries in a dangerous hit-and-run accident, contact a San Diego car accident lawyer as soon as possible. We may be able to help you secure compensation for your injuries.

Photo Credit: Alvimann via morgueFile See Related Blog Posts: Deadly Hit and Run Accidents in San Diego San Diego Crime Stoppers Addresses Hit-and-Run Accidents

Wrong-Way DUI Driver Seriously Injures Bicyclists

Vinolo was riding with about thirty other cyclists, members of the San Diego Bicycle Club. Vinolo’s wife, Emma Irarragorri, told NBC San Diego her husband “is always obsessed with safety when he rides his bicycle.” When her husband saw the oncoming car, he “instinctively pushed the leader out of harm’s way,” saving that cyclist’s life but suffering serious injuries in the bicycle accident.

The auto accident caused serious injuries to other members of the San Diego Bicycle Club as well. According to the article, the “impact of the crash shattered the car’s windshield and sent at least 10 cyclists to the hospital with injuries ranging from facial cuts to bruised ribs.” Vinolo, however, was the most seriously injured of anyone on the group. His injuries included two punctured lungs, broken ribs, a broken left clavicle, dislocated left shoulder, loss of one kidney, spleen laceration, and six broken vertebrae.

According to one of the cycling teammates, Logan Bass, several cyclists saw the car approaching and attempted to get out of the way. Bass remembers seeing Vinolo on top of the car, and another cyclist on the car’s windshield. Bass sustained a contusion to his ribs and a cut on his foot. Although he spent two days in the hospital, he and the other cyclists are most concerned about Vinolo.

Police arrested and charged the vehicle’s driver, Theresa Lynn Owens, 49, with driving under the influence and possession of a controlled substance.

Bicycle-Related Injuries: Facts and Statistics

How often do bicycle accidents occur? In general, only about 1 percent of all trips taken in our country are on bicycle. Yet cyclists face a much higher risk of crash-related injury, according to the Centers for Disease Control and Prevention (CDC). Some important facts about bicycle crashes:

• In 2010, about 800 bicyclists sustained fatal injuries in collisions;
• About 515,000 emergency room visits take place each year due to bicycle-related injuries;
• On average, serious and fatal crash-related injuries result in medical costs and productivity losses of about $5 billion annually.

Who is at risk in a serious or fatal bicycle accident? Risk factors include:

• Age: Adolescents between the ages of 15-24 and adults aged 45 and older are at the highest risk of a bicycle accident fatality. The highest rate of nonfatal bicycle-related injuries occurs among children under the age of 15. In fact, about 60 percent of all bicycle-related injuries involve children under the age of 15.
• Sex: The CDC reports that males are “much more likely to be killed or injured” in a bicycle-related accident than are female cyclists.
• Area: Urban areas are much more dangerous for bicyclists, particularly at non-intersection locations.

Even nonfatal bicycle accidents can result in catastrophic injuries, including spinal cord injuries and traumatic brain injuries. If you or a loved one have sustained injuries in a bicycle accident or traffic collision, it is important to discuss your case with a San Diego accident lawyer. We can help you to seek compensation for your injuries.

Photo Credit: pippalou via morgueFile See Related Blog Posts: Preventing Bicycle Accidents with San Diego Bike Loop Cyclist Dies in Carlsbad Accident

Six years ago, the use of hand-held phones while driving was banned in California. The ban, aimed at preventing serious car accidents, led other states to pass similar laws. In fact, thirteen states now restrict the use of cell phones to hands-free-only devices for people behind the wheel. But has California’s cell phone ban actually reduced the number of traffic collisions? According to arecent article in UT San Diego, a new study out of the University of Colorado questions the utility of the cell phone ban.

As the article points out, for almost a decade we have heard talk about the statistics surrounding texting and hand-held talking while driving. In particular, doing so results in distracted driving, and distracted driving causes life-threatening and fatal automobile accidents. However, according to Daniel Kaffine, associate professor of economics at the University of Colorado, Boulder, there is no clear “statistical evidence of a reduction” in accidents associated with California’s cell phone ban.

The cell phone ban first went into effect in July 2008. Over the six months that followed, “researchers determined there was no evidence crashes were reduced.” Kaffine explained that, if talking on a handheld phone while driving was really so dangerous, “and if even just a fraction of people stopped using their phones, we would expect to find some decrease in accidents.” Yet Kaffine’s research team found no such evidence.

Kaffine’s team at the University of Colorado is not the first group of researchers to question the efficacy of handheld cell phone bans. In fact, a study from 2013 published in American Economic Journal looked closely at data surrounding “nationwide, single-vehicle, single-occupant crash numbers” near the time when a lot of states implemented texting-while-driving bans. According to the study, “initially, there was a notable drop in collisions.” However, only three months after the bans were enacted, “crashes had crept back up to levels seen before the texting ban was in place.”

Why Are Handheld Talking and Texting Bans Not Working?

Law enforcement officials say these bans are doing a lot of good, and California officials reject Kaffine’s study. However, the recent research suggests some compelling reasons why neither ban made much of an impact in California or across the country:

• Distracted driving does not just result from handheld phone use. It is possible many California drivers switched to hands-free devices. A number of researchers suggest this method of talking is “equally distracting;”
• Drivers choose to ignore the ban, and continue using handheld devices for talking and texting while driving;
• The drivers most likely to use handheld devices are “the type of drivers who engage in other distracting behaviors.” In short, they replaced one distracting behavior—the handheld cell use—with another;
• Talking while driving is not as dangerous as believed.

Law enforcement officials stress that we, as drivers, are less perceptive when talking while driving. According to one California Highway Patrol Officer, if the ban is not working, it is because people are not following the law. The number of tickets issued could support this point, with nearly 20,000 issued in 2011, more than 15,000 issued in 2012, and nearly 11,000 issued in 2013. The California Highway Patrol predicts that number will rise in 2014.

Have you sustained serious injuries in a car accident? Distracted driving can lead to fatal traffic collisions and debilitating injuries. If you have been hurt, it is important to contact an experienced San Diego car accident lawyer. You may be eligible for financial compensation.

See Related Blog Posts: Deadly Hit and Run Accidents in San Diego Distracted Driving Fines and Accidents

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Have you sustained injuries in a serious automobile accident? Has a loved one been injured in a traffic collision caused by a distracted driver? You may be eligible to file a claim for financial compensation. At the Walton Law Firm, our experienced San Diego car accident attorneys have been handling cases for years and can answer your questions for you today.

Details of the Chula Vista Cell Phone Crackdown

According to the news report from CBS 8 San Diego, the ticketed drivers were issued citations between 11:00 a.m. and 5:00 p.m. on a Sunday. Fifteen of them were cited for texting while driving, while the remaining 55 were cited for using a cell phone “in some other manner,” according to the Chula Vista Police.

This crackdown operation was the fourth in the month of April. On April 10, 15 drivers were cited for texting while driving, while another 60 received citations for cell phone use. Another operation took place on April 17, when 8 drivers received tickets for texting while driving and 44 were issued citations for additional cell phone use. A third crackdown operation took place on April 24, when 83 Chula Vista police issued citations to a total of 83 drivers. Of those motorists, police caught 13 of them texting while driving. The minimum citation for first-time violator is enough to make Southern California drivers think twice, at a high price of $161. For repeat offenders, the ticket increased substantially. Repeat offenders are issued citations of at least $281.

In other words, San Diego drivers who use their cell phones will be ticketed for distracted driving. In California, all drivers are “required to use hands-free equipment while talking on their cellular telephones,” according to the California Department of Motor Vehicles. In addition to hand-held talking, texting while driving is illegal in California. In case you didn’t know, there’s a “law against driving while reading, writing or sending a text message,” and the law applies to emails and instant messages, too.

Distracted Driving Statistics

Given the devastating statistics connected with distracted driving, the Chula Vista police department may have saved lives and prevented injuries with its recent crackdowns. According to the Centers for Disease Control and Prevention (CDC), more than 9 Americans suffer fatal injuries because of distracted driving everyday, and more than 1,060 sustain serious injuries.

Is distracted driving a term that only applies to using a phone in some manner while you’re behind the wheel? The CDC explains that distracted driving is any kind of “driving while doing another activity that takes your attention away from driving.” Three primary types of driver distraction exist, and they include:

• Visual distraction, which involves “taking your eyes off the road”
• Manual distraction, which involves “taking your hands off the wheel”
• Cognitive distraction, which involves “taking your mind off of driving”

All three types of distraction can be very devastating, and they can result in severe accidents. If you or a loved one has been injured in a collision caused by a distracted driver, it’s important to speak to an experienced San Diego car accident lawyer about your case. The injury lawyers at the Walton Law Firm can discuss your case with you today.

See Related Blog Posts: San Diego Crime Stoppers Addresses Hit-and-Run Accidents Fatal Distracted Driving Accident in San Diego

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