PTC is technology capable of preventing train-to-train collisions, derailments and other rail accidents. It uses GPS and other sensors to monitor train location and prevent collisions.
According to Metrolink Board Chairman Richard Katz, "Positive train control is probably the most significant development in lifesaving technology that the railroad industry will see in our lifetime." This will be an important safety measure for Metrolink trains that have suffered four crashes resulting in 38 fatalities since its creation in the early 1990s, as reported by the LA Times.
]]> PTC Crash Prevention and LiabilityThe Chatsworth crash killed 25 and injured 135 people. The National Transportation Safety Board concluded that "had a fully implemented positive train control system been in place" on the line involved in the Chatsworth crash, it could have stopped the Metrolink train and the fatal collision could have been avoided.
Commuter rail lines are "common carriers" and subject to a higher safety standard, because they are entrusted with the lives of their passengers. Railroad accident personal injury cases can be complex because of the intricate organization of these types of rail lines.
Metrolink had contracted with Connex Railroad LLC, a subsidiary of French company, Veolia, to operate the trains, and engineer at the time was an employee of Veolia. In the Chatsworth crash, the federal law that caps liability damages for passenger rail accidents at $200 million applied, as the injuries of the 135 people was reported to exceed federal caps by $150 million. The judge had to divide the $200 million among the injured passengers.
If you or a loved one has been injured in a railroad accident, it is important to speak to a personal injury attorney knowledgeable in these types of complex cases. A lawyer can explain your legal rights and options.
Source: Claims Journal, "California's Metrolink Trains Getting GPS Safety Devices," 4/03/12.
]]>The dangers of driving while under the influence of drugs are akin to those of alcohol. Over use of drugs, both legal and illegal can lead to:
Yet education can only go so far. It is up to the public to learn and believe the dangers of drugged driving. It has taken countless, unnecessary deaths, and years of campaigning and fighting for drivers to realize the risks of driving while intoxicated. It starts with large, influential states like California stiffening their penalties for drugged driving and then spreads across the rest of the country. Hopefully, motorists can learn our lesson quicker with drugged driving and save ourselves the heartache that comes with fatal drug or alcohol related car accidents.
If you or a loved one has been injured due to a car accident caused by a drugged driver, you may be entitled to compensation for your injuries. Speak to a California personal injury attorney to protect your rights and learn about your legal options.
Source: News10, "Report: 30 percent of fatal crashes involve drugged drivers," Capital Television News Service, 3/2/12.
]]>A common side effect of spring break festivities is an increase in drinking and drunken behavior. Such behavior often has its consequences-often in the form of accidents and injuries caused by students taking foolish risks. One danger to spring breakers is hotel balconies.
Recent news stories tell of students attempting to climb between hotel balconies instead of taking the stairs. In some stories, individuals lost their balance by leaning too far over the balcony's railing.
In many of the students' cases, such imprudent and risky behavior was rewarded with fractured bones, head injuries and other serious injuries caused by the resulting fall. However, many unlucky students met tragic fates and were killed from the fall.
]]> Hotel Liability for InjuriesSuch injuries can often be explained away as an unfortunate result of drunken revelry. However, in some cases, the balcony itself or another dangerous condition on the hotel's property is to blame for students' accidents and injuries. Under California premises liability law, hotels are required to ensure their guest's safety from all existing hazards, as well as those that are reasonably foreseeable.
In order to comply with the law, hotels must maintain and regularly inspect their property to seek out hazardous conditions, such as a loose railing, that guests may not be aware of. If the hotel finds something on its property that is dangerous, it has a duty to repair, remove or post a warning about the danger within a reasonable period of time.
If the hotel does not correct dangerous conditions on the property that it knows about or should have known about, the hotel is considered negligent under the law. Guests that are injured because of a hotel's negligence can hold the hotel accountable for the expenses caused by their injuries such as medical expenses, lost wages and pain and suffering.
For students going on spring break, prevention is the best way to avoid injuries. However, if injuries do occur, contact a California personal injury attorney to discuss what happened and help determine who may be held responsible.
Source: WJHG.com "Spring Break: Alcohol and Balconies Don't Mix," Mark Vaughn, 2/6/12.
]]>For the study, the NIH tracked 42 teen drivers and their parents in Virginia for the teen's first 18 months of licensure. Their vehicles were equipped with internal and external cameras, GPS and a system that recorded acceleration and mileage.
]]> Having observed the participants for 18 months, the NIH found that:Teen Drivers and Insurance
Having a teen driver on the parent's insurance policy can hit a parent hard financially. Adding a teen to the policy can double or triple the car insurance rates, assuming that the teen maintains a clean driving record.
The reason for the high rates is that teens simply are more likely to be involved in car accidents than adults are-four times as likely. However, if the teen maintains a good driving record, car insurance rates for young drivers typically will decrease when the teen turns 19, 21 and 25 years of age.
Source: "Why Teen Car Insurance is Expensive: They're Bad Drivers," Fox News, 1/6/12.
]]>A GDL restricts when 16- and 17-year-old drivers can drive, limits who can be in the car when they are driving and prohibits cell phone and texting by the driver.
Why Is This Necessary?
To the parent of any 16-year-old, the prospect of them driving is both a blessing and a curse. A parent can finally offload some the responsibility of shuttling their active child from school, to extra-curricular activities, like sports, music lessons, a part-time job and visiting friends.
The curse is the added expense of extra driving, gas and insurance. Especially insurance and every parent knows why the insurance for a teen driver is so painfully expensive.
Teen Driving Statistics
The Centers for Disease Control notes that driving is leading cause of death for teens, and some of their other numbers are equally grim: "In 2009, eight teens ages 16 to 19 died every day from motor vehicle accident injuries. Per mile driven, teen drivers ages 16 to 19 are four times more likely than older drivers to crash."
Teen drivers, especially 16-year-old drivers, are dangerous. 16-year-old drivers' suffer almost two and an half times the number of accidents that drivers in the 20-to-24-year-old range. They are inexperienced, excited to be driving and easily distracted.
]]> The Graduated Driving LicenseThe GDL attempts to address these problems by restricting teen drivers to daylight hours, as nighttime driving is inherently more dangerous, accounting for almost 40 percent of teen deaths.
In addition, the number of other teen passengers is limited, as studies have shown that having other teens in the car with a teen driver increase the risk of motor vehicle accidents. With three or more teens in a car the risk of a fatal crash is increased three times that of the driver alone.
Parents can help their teen drivers, even if their state does not have GLD restrictions in place. Help teen drivers avoid cell phone use and texting, do not let them drive at night and do not allow them to drive with other teens their age. If necessary, drive them yourself. While it may be inconvenient, it is far less so than being faced with a serious or fatal car accident.
Source: MSNBC.com, "Study: Tougher Teen Driving Laws Would Save Lives and Money," M. Alex Johnson, 12/2011.
]]>Prolapses occur when supporting pelvic muscles weaken or stretch, causing associated organs to slide out of place. When traditional treatments-including pessaries-fail, surgery may be necessary. Surgical mesh reinforcement, performed abdominally or transvaginally, is a common treatment option and has been known to help some patients. In July 2011, the FDA warned that transvaginal placement of mesh devices increases the risk for patient complications and injury.
]]> From 2008 to 2010, the FDA received over 1,500 additional adverse event reports regarding urogynecologic surgical mesh devices. The increased complaints were five times more than previously reported from 2005 to 2007. This past summer, the FDA's warnings specified transvaginal placement. In 2010, nearly 100,000 POP surgeries were performed in the United States, and approximately 75 percent of these procedures were performed transvaginally.With a growing number of lawsuits filed against mesh makers, The FDA has announced that it will work toward improving the safety and effectiveness of urogynecologic mesh products; however, many of the injured claimants have implicated the FDA and its 501(k) fast-track device review process in their suits. The review process does not require consumer testing on new products where a similar or predicate device has been previously approved.
This practice came under attack after an Institute of Medicine audit deemed that the process was seriously broken and should be discarded. At the center of the storm is the FDAs continued approval of vaginal mesh devices based on the 1996 clearance of ProteGen. Other companies used ProteGen as its predicate device, in spite of the fact that it was almost immediately pulled from the market.
Based on various reports received by the FDA, patients had experienced pain and bowel and bladder perforation, as well as requiring additional surgeries and treatment for abscesses. For those injured by defective medical devices, personal injury and product liability claims are remedies.
In the absence of proper safety testing, medical devices have a dark side. Unless new and effective methods are fashioned to ensure medical product safety, consumers will remain at risk for serious injuries.
Source: Johnson & Johnson vaginal mesh lawsuits another blow to the FDA's device review process
]]>Forbes examined factors including the National Highway Traffic Safety Administration's (NHTSA) report of fatalities for three- or four-day holidays and data from AAA on traffic congestion and the number of drunk driving accidents. Based on findings, Thanksgiving was the most dangerous holiday for driving.
]]> A Dangerous RecipeThis four-day weekend is also the busiest travel weekend of the year. This is combined with driving long distances, frequently in the dark, on congested roads, after eating a large meal and drinking significant quantities of alcohol has been shown to be a recipe for dangerous car accidents.
Other Dangerous Holidays
The Fourth of July is the second most dangerous driving holiday, Forbes found. Because of numbers of people on vacation mixed with lots of driving, and combined with lots of drinking, equal lots of automobile accidents. Memorial and Labor Day follow, due to their status as permanent three-day holidays. New Year's Eve did make the list, as number five, right in front of Halloween, which rounded out the list at number six.
Holiday seasons should be a time of fun and celebration. However, if you are involved in a car accident remember you do have rights. Speak to a knowledgeable personal injury attorney to help you hold those responsible accountable for your injuries.
Source: Dangerous Driving Holidays
]]>The fatal Kentucky crash occurred in March 2010 when a truck driver going southbound on Interstate 65, crossed the median and entered the northbound lane. The semitrailer then struck a 15-passenger van, killing himself and 11 other passengers in the van. Investigators found that the driver used his cell phone for text messages and phone calls a total of 69 times during the 24 hour period, including four calls minutes before the accident occurred.
]]> Distracted driving, especially texting while driving, has come under the spotlight because of the dangers to everyone on the road. The National Safety Council estimates that 23 percent of crashes each year are caused by cell phone use. Commercial truck drivers using cell phones pose dangers to everyone due to their size and the severity of accidents they can cause.In an effort to reduce distracted driving, the Department of Transportation banned commercial truck drivers from texting while driving last year. After this accident as well as an increase in distracted driving accidents among all drivers, the NTSB issued their recommendation and stated that distracted driving "can be especially lethal when the distracted driver is at the wheel of a vehicle that weighs 40 tons and travels at highway speeds."
The NTSB recommendation to ban all cell phone use by truckers, including hands-free phones, has caused some debate over the safety of using hands-free phones while driving. However, the majority of research on hands-free phones indicates that drivers cannot fully concentrate on driving and their conversation at the same time, regardless of using a hands-free cell phone.
Source: NTSB Wants Truck Drivers to Hang Up and Drive Safely
]]>A report on American transportation safety was recently released by Transportation for America, a non-profit organization that advocates for transportation reform, based on information gathered in the 2010 U.S. Census. According to ABC News, the report states that nearly 50,000 people were killed and almost 700,000 were injured in crashes between pedestrians and motor vehicles from 2000 to 2009. These statistics reveal that, on average, a pedestrian is hit by a car every seven minutes in the U.S.
]]> In addition, ABC News reports that, while the number of car drivers or passengers fatally injured in car accidents has decreased recently, pedestrian deaths have increased in America's 15 largest cities. In California, Riverside, San Bernardino and Ontario are ranked as the fifth most dangerous cities for pedestrians in the country. Metropolitan areas across Florida comprise the remaining four most dangerous places for pedestrians in the U.S.To help walkers across the nation and in California stay safe on the roads, the University of North Carolina offers these pedestrian safety tips:
Source: Top 10 Most Dangerous Cities for Pedestrians in Florida, California
]]>The incident marked the fourth time in a three-week period this summer that a motorcyclist was involved in a serious accident on the Angeles Crest Highway, which was recently reopened. On the same day that the Fontana man was killed, another motorcyclist was seriously injured in an accident near mile marker 47. Two other fatal injuries have taken place on that freeway since it reopened; both of them occurred on June 10.
]]> The unpleasant news highlights a very important fact: When motorcycles go up against cars, trucks and SUVs, riders often lose their lives. According to statistics, a motorcycle rider is 27 times more likely to die as a result of a traffic accident. The most common reason for these types of incidents to occur involves other drivers' failure to see motorcycles in time. Often, cars switch lanes without noticing that a motorcycle is already there. What would be a simple sideswipe accident with another car can easily turn fatal when a motorcycle is involved.These sobering facts make it abundantly clear that motorcycle safety is critical. To stay safe, motorcyclists need to stay as alert as possible at all times. Distractions must be avoided at all costs. It pays for a motorcyclist to take a training course because such courses teach strategies for staying safe on the road. Furthermore, motorcycle riders should take care not to travel in cars' blind spots. On top of all of that, it is critical for motorcyclists to practice defensive driving at all times. There is simply no room for error when it comes to going head-to-head with motor vehicles.
Source: Fatal Accident No. 3 on Reopened Angeles Crest Highway
]]>About the Depuy Recall
Faced with this information, Johnson and Johnson has recalled the Depuy ASR hip implant device. An estimated 90,000 of these devices are in circulation. Recalling a hip implant device is not as easy as recalling an automobile part or a stroller. Most of these devices have been used on patients, who now face revision surgery or a lifetime of possible side effects. Johnson and Johnson's estimates could be minimizing the scope of the problem. An independent study found that up to half of these implants show some loosening within the first six years. This loosening is not only painful, but can result in metal poisoning and soft tissue inflammation, among other health issues.
]]> Depuy Hip Implants and LitigationAs of July 2011, nearly 1000 lawsuits have been filed in the United States, stemming from defective Depuy ASR hip implants. If these suits are successful, Johnson and Johnson could face a liability of up to one billion dollars, estimates one Wells Fargo analyst quoted in the Wall Street Journal. Perhaps to anticipate this, the manufacturer has augmented its liability fund to total $570 million.
If you or someone you care about has been injured due to a faulty hip replacement joint, you owe it to yourself or to them to contact an attorney that specializes in products liability matters. Don't let Johnson and Johnson's lawyers and insurance company tell you what's fair compensation for your injuries. Speak to an attorney to learn more about your legal options and help you protect your rights.
]]>The family is seeking an injunction to require the arena to increase the height of the barriers from a mere 26 inches, as well as damages for the tragic loss of their child's life. The highest skyboxes at Staples Center sit directly above the lower two levels, and the distance to the hard steps and seats below is as much as 50 feet.
]]> California law allows personal injury victims and wrongful death survivors to file premises liability claims against property owners for important reasons. Risks of serious injury or other harm must be minimized in supermarkets, apartment buildings, parking ramps and other spaces that cater to visitors, customers and other invitees. Private property and public accommodations must be well-maintained, and proper safety measures must be in place.The significant medical expenses that can result from a slip and fall or other premises liability injury are one example of the compensation available to plaintiffs. Lost income and property damages are also owed if a business, land management company or other responsible party fails in its duty to protect and is found negligent.
For families that suffer the ultimate loss, wrongful death and survivorship actions provide a lifeline to meaningful justice.
]]>Lane Sharing
Lane sharing entails two vehicles traveling in the same direction, side-by-side in the same lane at the same time. Lane sharing is only allowed on roads with at least two lanes going the same direction. Also, it is only permitted for either two motorcycles at a time or one motorcycle and a passenger vehicle.
]]> Lane SplittingLane splitting occurs when motorcyclists ride between two lanes of traffic going in the same direction. It is often both scary and frustrating for other drivers stopped in traffic when lane-splitting motorcyclists narrowly pass by. Perhaps surprisingly, a University of Southern California study indicated that lane splitting is actually safer for motorcyclists because it allows them to escape toxic exhaust fumes and avoid being sandwiched by surrounding cars.
These practice are not always safe, however, as they require motorcyclists drive in close proximity to other vehicles and may increase the chance of a motorcycle crash. Therefore, motorcyclists should be cautious when lane sharing and lane splitting and recognize when it is not appropriate.
If another driver acts without due caution, however, and causes an accident in which a motorcyclist is injured, the motorcyclist may be able to make a claim against the at-fault driver in a personal injury lawsuit. If successful, the injured motorcyclist may be able to recover monetary compensation for his or her medical expenses, lost wages and other damages. But, any damages awarded to the motorcyclist will be reduced by his or her percentage of fault in causing the accident. For many reasons, therefore, it is important for motorcyclists to extremely careful when driving on California's roads.
]]>While particularly brutal, this was no isolated incident: in late April, a woman pulled a gun and sicced her pit bull on an individual with whom she had argued. Sacramento Animal Care Services investigators looked into 165 animal attacks in 2010, the majority of which involved pit bulls.
]]> A study of nearly 30 years of press accounts of dog attacks found that pit bulls accounted for nearly half of all dog bite fatalities in the U.S. and Canada, though they represent less than one half of one percent of the dog population. The Centers for Disease Control (CDC) estimates that 4.5 million Americans suffer dog bites each year. 20 percent of victims require medical attention, including as many as 31,000 reconstructive surgeries a year.Those who suffer lacerations, torn cartilage, severe scarring and emotional trauma should not have to suffer quietly when owners fail to restrain their pets. Section 3342 of the California Civil Code provides that the "owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness."
A California personal injury lawyer can explain how this statute creates "strict liability," which means that the victim does not have to prove that the pet owner was negligent. It doesn't matter whether the pet was a fight-trained pit bull or a lap-dwelling toy poodle. A dog's sharp teeth and strong jaws can cause severe damage in moments, particularly to children, and a Sacramento dog bite attorney can help victims and family members explore their legal options to file a lawsuit and hold the owner accountable.
]]>Williamson v. Mazda
In the Williamson case, Thanh Williamson was killed when the family Mazda minivan was in a head-on collision with another vehicle. Thanh was sitting in the second row aisle seat of the minivan, and suffered fatal injuries due to the accident. The Williamson's claimed that their daughter was killed because the aisle seat she was sitting in only had a lap seatbelt and not a lap/shoulder seatbelt. Therefore, alleging that the vehicle was defective because it lacked a lap/shoulder seatbelt and brought a products liability claim against the manufacturer.
At the trial court level, the claim against the manufacturer was dismissed on grounds that it was preempted by federal regulations. When the minivan was manufactured, federal safety regulations did not require a lap/shoulder seat belt, but gave manufacturer's the choice on whether to install the lap/shoulder belts in rear inner seats of their vehicles. The California Court of Appeals upheld the lower court's ruling.
]]> What Does This Mean for Future Products Liability Claims?Since the Supreme Court held that the state law claim was not preempted, the Williamson case will go back to the trial level to be heard. This opinion will surely have an effect on future product liability claims in the auto industry. When deciding whether the state tort claim was preempted, the court considered three questions:
In the Williamson case, the court held that the plaintiff's claim did not create an obstacle that would interfere with the federal safety regulations. Based on the court's decision, this may open the door to future similar claims against automobile manufacturers. Manufacturers may also find themselves exposed to more lawsuits where federal regulations gave them a choice regarding safety measures.
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