Costa Mesa Lawyer Blog

National Transportation Safety Board Calls for Urgent Action in Re: Truck Safety

Thu, 17 Jun 2021 21:39:27 GMT

According to federal data , just over 5,000 large commercial trucks were involved in fatal accidents in 2019 alone. This statistic represents a sharp increase in fatal trucking accidents annually over the last decade in the U.S. While motor vehicles are generally becoming safer and safer every year, the collision, non-fatal injury, and fatal injury rates associated with large commercial truck travel remain troubling. Fatal crashes alone have risen more than 35 percent over the last 10 years.

It is, therefore, perhaps unsurprising that in the Spring of 2021, the National Transportation Safety Board called on Congress to implement several recommendations designed to directly address this unacceptable trend and to minimize the number of Americans who perish on U.S. roadways every year. Unfortunately, these recommendations aren’t new. The NTSB has been pushing lawmakers to implement these recommendations for a long time. Thankfully, there is reason to believe that lawmakers may actually be ready to begin heeding the advice of this respected, independent organization.

What Reforms Are the NTSB Calling For?

Spending a significant amount of time, money, and resources on infrastructure is a priority that has been lobbed back and forth in Washington D.C. for some time. Thankfully, recent momentum on this issue suggests that a significant investment in the nation’s infrastructure may not be far off. The NTSB – along with the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration – is pushing to make truck-related safety concerns a focal point of any deal that is eventually passed with an infrastructure focus.

In April, the NTSB finalized its list of 10 “ Most Wanted Transportation Safety Improvements ” for 2021-2022. Some of the “most wanted” reforms are broad, including eliminating distracted driving and preventing alcohol and drug impaired driving. These broad goals are important, but cannot be addressed fully by any one policy shift. However, other recommendations, which are far more concrete, could soon become a long-awaited, fully-realized reality. While the NTSB hopes that some infrastructure investments will be made in the broader goals previously mentioned, it also hopes that full implementation of more specific goals will contribute significantly to the wellbeing of American road travelers. The additional “most wanted” reforms listed by the NTSB that apply to motor vehicles (as opposed to aviation-based, rail, and watercraft forms of travel and alternative priorities) are:

Requiring Collision Avoidance and Connected Vehicle Technologies on All Vehicles
Implementing a Comprehensive Strategy to Eliminate Speeding-Related Crashes
Protecting Vulnerable Road Users through a Safe System Approach

Speed limiting technology would be required for all new heavy vehicles, including large commercial trucks and buses. Both trucks and buses would also be outfitted with collision avoidance systems in an effort to minimize head-on collision scenarios. While the reforms proposed by the NTSB would not eliminate large commercial truck accidents in Southern California and throughout the U.S., these improvements could make a significant difference in reversing the sharp upward trend in fatal large vehicle crashes that threatens to become even more staggering over time.

The crash avoidance technology goal is particularly dear to the NTSB, as this body has been calling for the mandatory installation of such systems for more than 25 years. Cathy Chase, who is the president of Advocates for Highway and Auto Safety (which is an alliance of consumer, health, law enforcement and insurance industry groups) recently mused that “These are marathons and it takes a long time… Unfortunately, a lot of preventable deaths are happening, which is the true tragedy, while we have the proper technology to prevent or mitigate fatalities and injuries.”

Rights of Truck Accident Victims

Until significant infrastructure and technical improvements – as well as changes in the nation’s driving culture – begin to sincerely mitigate the risks that travelers assume every time they venture onto a road, it will remain important for all travelers to understand their rights in the event of an accident. Until accidents are – almost without exception – relics of a different time, exercising one’s rights as an accident victim is one of the best ways to inspire change. Over and over, lawsuits filed by accident victims have helped to shape policy at both the state and federal level. Too often, accident victims are hesitant to exercise their rights under the law because they are concerned about “making a fuss” or because they believe that they don’t have a solid enough case upon which to file legitimate action. In reality, speaking up (legally) can help to empower not only victims, but lawmakers too.

California is on the forefront of accident victims’ rights, partially due to its embrace of a legal theory known as “pure comparative negligence.” Under this approach, an accident victim who is partially responsible for their injuries remains entitled to seek compensation from others (individuals, businesses, government entities, etc.) that are also partially to blame for any harm resulting from an accident. Thanks to this approach and many generous legislative efforts on behalf of accident victims, few individuals who are injured as a result of large truck accidents are barred from seeking compensation to which they are entitled, provided that they act quickly after they have sustained harm.

Legal Aid Is Available

If you have been injured or have lost a loved one as a result of a crash involving a large commercial truck , it is important to understand that you have legal options available to you. Even if you were partially to blame for the circumstances that led to your crash, California’s “pure comparative negligence” approach to the rights of accident victims means that you may be entitled to significant compensation at this time.

Please connect with our firm at your earliest convenience to explore your legal options. Attending a risk-free, no-cost, confidential consultation will not obligate you to pursue legal action. However, if you choose to pursue any compensation to which you are rightfully entitled, our reputable, dedicated, and compassionate team will work diligently to build the strongest possible case on your behalf. We look forward to speaking with you.

Study Shows that Pedestrians Are at Great Risk in Orange County

Tue, 15 Jun 2021 22:00:02 GMT

In the Spring of 2021, a study concerning pedestrian safety in Orange County was reported on by the Orange County Register . Alarmingly, after evaluating the study, the Register concluded that, “While the tourist zones in Orange County are relatively safe for pedestrians, there is a notably higher risk for local pedestrians walking to work, school, shopping centers, or out for a job. This is especially true in places like Anaheim , Irvine , and Costa Mesa where the threats are ever-present.”

Most American climates aren’t favorable for pedestrians, let alone those who aim to commute on foot year-round. Most of the country is, at one time or another, far too hot, cold, windy, or wet to allow for dependable “pedestrian conditions.” However, Orange County is – in terms of climate - a perfect place for pedestrians to travel. It is very rare that weather conditions fail to cooperate with the ordinary, basic needs of pedestrians. Unfortunately, road conditions, certain aspects of Southern California driving culture, and various travel-related hazards have made it consistently difficult for Orange County travelers who choose to commute and/or explore on foot to remain safe while wandering “from here to there.”

Orange County Pedestrian Safety Statistics

In 2020 alone, nearly 500 pedestrians were seriously hurt or killed while traveling on foot in Orange County. As noted by the Register, Northern Orange County residents of Costa Mesa, Anaheim , and Irvine are currently at the greatest risk of being struck while walking to work, school, or simply traveling in areas not geared towards tourists.

Interestingly, Orange County pedestrians fared far better in 2020 than they did in 2016 and 2017, when pedestrian accident rates peaked at nearly 900 incidents annually. However, there is strong reason to believe that the dip in accident rates during 2020 resulted – at least in part – from reductions in daily traffic due to pandemic-related lockdowns and work from home opportunities. In short, although fewer pedestrians were hurt on Orange County roadways in 2020, there isn’t significant reason to believe that pedestrians will be safer moving forward than they were when accident rates were much higher just a few years ago.

What Hazards Do Orange County Pedestrians Face?

Road-related infrastructure in the United States has long focused on the needs of motorists, not cyclists or pedestrians. Most of Southern California’s roadways were constructed at a time when sidewalks were considered an afterthought, crosswalks were constructed only when convenient, and infrastructure money was funneled anywhere but towards the goal of keeping non-motorized travelers safe. There is, unfortunately, good reason why popular culture frequently mocks how challenging it is to travel by foot in Southern California.

In addition to infrastructure that is (to put it mildly) not pedestrian-friendly, the Southern California driving culture also regularly contributes to the dangers that pedestrians face. Although certain forms of distracted driving are outlawed in the Golden State, drivers are regularly distracted by devices, food, entertainment, and a host of other influences that keep their minds off the task of driving and – all too frequently – their eyes off the road and hands off the wheel. Additionally, Southern California’s famously congested roads and stress-inducing traffic doesn’t help anyone traveling on Orange County roadways as safe as they could otherwise be.

How Can Motorists Help?

There have been a great many resources published concerning how pedestrians can keep themselves as safe as possible while on the road. However, there is only so much a pedestrian can do to stay safe when surrounded by fast-moving, massive machines driven by motorists with too much on their minds. Therefore, it is important for motorists to pay special attention to the needs of Orange County pedestrians. As the National Highway Traffic Safety Administration is fond of repeating, “Safety is a shared responsibility.”

First and foremost, it is important for motorists to remain sober, alert, and as free from distraction as possible when behind the wheel. Too often, drunk, drugged, drowsy, and distracted drivers cause pedestrians harm that could be prevented if motorists would “simply” refrain from driving while intoxicated , impaired, overly tired, and/or distracted.

Second, it is important not to take your blind spots for granted, especially when backing up. A staggering number of children are harmed every year in back over accidents. Even if your car sounds an alarm when something moves into your rear view, don’t assume that your alarm is full proof. When backing up, merging, turning, and otherwise entering into vulnerable situations, check and re-check that you’re not about to cause others harm.

Third, be especially careful at night and when visibility is poor due to weather conditions or wildfire smoke. It only takes an instant to hit a pedestrian. Remaining particularly alert during times when their presence can be obscured is critical.

Finally, don’t be overly aggressive when driving , especially if you are on a roadway that boasts crosswalks, school zones, and/or areas of heavy pedestrian traffic.

Legal Assistance Is Available

If you’ve been injured in a motor vehicle accident while traveling as a pedestrian, cyclist, or motorized scooter rider, please know that there are options available to you under the law. Understandably, many accident victims feel powerless and overwhelmed in the wake of being struck by a motor vehicle . However, California law boasts some of the most generous protection and opportunities for legal recourse for accident victims in the nation. Even if you were partially to blame for the circumstances that led to your accident, you may be entitled to significant compensation at this time.

Please allow our experienced team to advise you of your legal options in a cost-free, no-risk, confidential setting. Our free consultations are pressure-free meetings that will allow you the opportunity to ask any questions you may have and to raise any concerns that may be weighing on your mind during this challenging time. Should you choose to pursue legal action, our reputable team can provide you with the comprehensive, client-focused service you deserve. We look forward to speaking with you.

National Safety Month - Worker Safety Remains a Critical Issue

Mon, 07 Jun 2021 20:59:08 GMT

Every June, “ National Safety Month ” is observed in workplaces across the United States. National Safety Month is not a federally recognized awareness campaign, but it is an influential and widely acknowledged effort. This observance is not aimed at raising awareness about safety hazards generally. It instead targets workplace safety, which has long been a critically pressing subject for Americans. Yet, for all the ways in which workplace safety hazards influence the lives of those who have been hurt or made ill on the job (as well as their loved ones, of course), most people in the U.S. don’t give much thought to the modern realities of safety risks in the workplace. If asked about workplace safety, many would undoubtedly discuss historical concerns, including the rights of children working in factories or they might refer to a few high-profile and high-risk industries – such as construction and commercial fishing.

In reality, every workplace is hazardous. Whether you teach dance or sit in front of a computer screen all day, tend to hospitalized pediatric patients or secure roof tiles before heading off to a bartending gig, if you’re employed, you face hazards in the workplace. This is one of the reasons that it is so important to honor National Safety Month each year – the observance provides an excellent excuse for workers to become increasingly educated about both the hazards they face in the workplace, as well as their rights as workers under the law.

The Broad Goals of National Safety Month

National Safety Month awareness efforts are spearheaded by the respected nonprofit safety advocate organization The National Safety Council. However, this is not the only organization actively engaged in “spreading the word” about National Safety Month and all it stands for. The NSC’s promotional partners include (among many others) the National Institute for Occupational Safety and Health, as well as the American Association of Occupational Health Nurses and the Center for Construction Research and Training.

The NSC has identified a primary focus area for each week of this year’s campaign. The focus areas are:

Week 1 – “ Preventing Incidents Before They Occur : Identifying risks and taking proactive safety measures to reduce hazard exposure.”
Week 2 – “ Addressing Ongoing COVID-19 Safety Concerns. ”
Week 3 – “ It’s Vital to Feel Safe on the Job: Being able to be one’s self at work without fear of retaliation is necessary for an inclusive safety culture. ”
Week 4 – “ Advancing Your Safety Journey: Safety is all about continuous improvement. ”

These themes help to focus the efforts made in honor of National Safety Month in manageable ways. After all, the hazards that plague American workplaces are so widespread that it is impossible to tackle them all at once. By making incremental, focused progress, the hope is that such efforts will transform the safety culture of American workplaces slowly but surely.

Rights of Injured Workers Under the Law

While the theme for week 4 speaks to the broader goal of transforming safety culture broadly, the themes for weeks 1-3 target the kinds of pressing issues that workers face on the job at all times. First, there is the issue of preventing hazards from causing injury in the first place. Too often, workers are inadequately trained when it comes to safety matters, leaving them vulnerable to scenarios that would be manageable had they been provided with proper support. When workers are hurt on the job because they are inadequately trained, are provided with insufficient access to personal protective equipment, etc., they may be in a position to hold their employers responsible for this failure to keep them safe. While employees eligible for workers’ compensation benefits cannot sue their employers directly (although workers ineligible for these benefits can), they can submit an anonymous workplace safety inspection request to the Occupational Safety and Health Administration . That effort can help to hold employers accountable for safety violations in ways that inspire a safer workplace for everyone.

Second, there is the issue of returning to work – or continuing to work – in the era of Covid. Workers are both physically and psychologically drained right now as a result of the pandemic. This is a hazard in and of itself. Employers need to account for these challenges and accommodate workers in proactive ways to minimize associated risks.

Finally, there is the issue of feeling safe on the job . Too often, workers understandable harbor fears that if they speak up about being injured on the job, they’ll suffer as a result of retaliation . Exercising one’s rights as a worker – including the right to file for and collect workers’ compensation benefits – cannot be lawfully met with retaliatory conduct on the part of employers. Reinforcing this message will help to ensure that full-time, part-time, documented, and undocumented workers alike feel mentally and physically safe while on the job.

Legal Aid Is Available

Whether you work on a construction site or in a tea shop, if you’ve been injured or developed an occupational illness as a result of your working conditions, you can benefit from speaking with a knowledgeable attorney about your rights as a worker who has suffered job-related harm. If you’re an eligible employee, you may be entitled to workers’ compensation benefits. No matter how your work is classified, you may be in a position to pursue significant compensation via the personal injury claims process. As California is a “pure comparative negligence state,” you may be entitled to this compensation even if you contributed to the cause(s) of your harm.

Regardless of the unique circumstances that you’re currently facing, our reputable legal team can assist you with your legal needs. Even if you’re unsure of whether you have grounds to pursue any kind of compensation, that’s okay. Our consultations are provided free of charge and they are conducted in a confidential, pressure-free environment. Speaking with us will give you a chance to ask us any questions that you may have and speaking with you will give us an opportunity to evaluate your case objectively. We look forward to speaking with you.

Things Attorneys Question When Investigating Truck Accidents

Fri, 28 May 2021 22:43:40 GMT

When a large commercial truck crashes , the first question on most people’s lips is, “Is everyone okay?”. The immediate follow-up question to this most important inquiry is usually, “What happened?” When an experienced personal injury lawyer asks the question “What happened?” in the wake of a truck accident, it is understood that this is a broad query meant to encompass dozens and dozens of sub-questions and any number of nuanced, multi-part answers to those questions.

Truck accident cases are notoriously complicated for good reason. It is rare that any single factor causes an injurious truck accident. More often, a host of influences converge at exactly the same time to cause a truck to collide into another vehicle, to roll over, or to otherwise come to an unexpected, abrupt, and potentially catastrophic stop. It is a personal injury attorney’s job to determine what exactly caused a specific accident, whether it was anyone’s fault, and whether an accident victim has solid grounds upon which to file a personal injury and/or workers’ compensation claim as a result of the harm caused by the accident in question. Before an attorney can tell a potential client confidently that they may benefit from filing a personal injury lawsuit, that attorney must first ask questions and objectively evaluate the answers to those questions.

What Kind of Accident Was It?

There are two primary kinds of truck accidents: single-vehicle accidents and multi-vehicle accidents. Single-vehicle accidents occur when the only motor vehicle affected by the crash is the truck in question. Sometimes, large commercial trucks roll over, slam into stationary objects, skid out of control, careen off elevated surfaces, or get stuck as a result of a crash but don’t cause harm to any other motorists in the process. In such instances, it is rare that another motorist would be held accountable for the harm caused by the single-vehicle crash. It is far more likely that a defective auto part, ill-maintained road, weather conditions, or the driver’s personal behavior played a defining role in the accident. As a result, the attorney representing that truck driver would likely focus most of their investigative efforts on determining whether the road, the vehicle itself, or business practices of the truck operator’s employer may be to blame for the harm caused by the crash. However, it is possible that if another motorist was driving aggressively, negligently, or recklessly that their behavior ran the truck driver off the road, etc. In such cases, it would be possible to pursue damages against another motorist in a single-vehicle crash.

In a multi-vehicle accident, an attorney must examine both the truck driver’s vehicle and behaviors as well as those of anyone else involved in the accident. This is true regardless of whether the attorney represents the truck operator or another motorist involved in the crash. The following questions are then examined with all of the motor vehicle operators involved in the crash in mind.

Could the State of the Road or the Vehicles Involved Be to Blame?

Sometimes, accidents occur and it is truly no one’s fault that they unfold in the ways they do. Every winter, videos capturing multi-car pileups on Midwestern highways go viral. In these videos, most of the vehicles involved (although not always all of them) are being operated by drivers going at an appropriate speed for conditions. However, when one vehicle skids out of control on the slick icy and/or snowy road and comes to a sudden stop, even those following a seemingly very safe distance behind them can’t halt in time to prevent a crash. The road is simply too slippery to stop even when the vehicles involved are barely operating at a crawl. Sometimes, road conditions cause accidents and no one is to blame. However, there are times at which ill-maintained roads , inadequate roadway lighting, missing signage, neglected roadside greenery, and other “upkeep” issues cause accidents. When this occurs, attorneys begin asking if they can hold those responsible for maintaining the road upon which their client crashed responsible for the harm that their client has suffered.

Similarly, auto parts can fail or function improperly and lead to accidents, just as road conditions can. For example, in 2012, the National Highway Traffic Safety Administration released the results of a study which concluded that when vehicles operate on tires underinflated by more than 25 percent, these vehicles are three times more likely to be involved in a collision stemming from tire problems than vehicles operating on properly inflated tires. This is just one example of how, when auto parts don’t function properly as a result of neglect or defect, the risk of auto accidents goes up. In the event that an auto part issue contributes to a truck accident, an attorney will need to determine whether the auto part manufacturer, auto part distributor, vehicle sales facility, truck company, and/or any of the drivers involved may be held accountable for the relevant defects or neglect of affected parts.

Was Any Driver Involved Behaving Negligently, Recklessly, or in Intentionally Dangerous Ways?

At the heart of any successful personal injury case is evidence that another caused an injury victim harm as a result of their negligent, reckless, or intentionally dangerous behavior. Personal injury attorneys need to determine whether any motor vehicle operator involved in a crash was behaving in an unlawfully unsafe way, even if they didn’t mean to be endangering others as a result of their choices. Even the act of being tired behind the wheel may leave one party legally liable for the harm caused to another.

Case Evaluations Are Available at No Cost

If you’ve been injured in a truck accident, regardless of whether you’re a truck operator or not, you deserve the opportunity to explore your legal options and to make informed decisions about the choices relevant to your legal situation. call our firm directly or submit an online contact form to schedule your no-cost, no-obligation case evaluation today. We look forward to assisting you with your legal needs during this challenging time.