Recent Blog Posts
Wrongful death lawsuit filed against Suge Knight
The filming of a commercial for the upcoming film "Straight Outta Compton" turned deadly on California streets in January 2015 when a dispute erupted among Suge Knight, Dr. Dre, Ice Cube, and other workers near the set. Knight, age 50, appeared uninvited at the commercial shoot, and the resulting fight ended with Terry Carter dead and three other people injured after Knight ran them down with his truck in the parking lot of a Los Angeles burger restaurant.
Carter's family has filed a wrongful death suit against Knight, Dr. Dre, Ice Cube, Universal Studios, and other named defendants. The lawsuit named the movie studio because it allowed the commercial to be shot in a dangerous neighborhood and also allegedly allowed gang members to be hired for security. Negligent hiring and premises liability are the basis for the claims against Universal .
Dre and Knight had at one time been business partners, founding the rap label Death Row Records. Their subsequent falling out was so severe that Dre eventually won a restraining order against Knight. Knight, whose real name is Marion Hugh Knight Jr., also faces criminal charges for Carter's death. Claiming self-defense, he has pleaded not guilty. In the civil wrongful death action, the family is seeking compensation for funeral bills, lost income and punitive and other damages.
The effect of speeding on fatal car accidents
California drivers may be interested in some of the effects of speeding on fatal car crashes. While the overall number of auto fatalities has gone down, the percentage due to speeding has remained relatively steady.
According to the National Highway Traffic Safety Administration, speeding is one of the biggest contributing factors to auto collisions. The NHTSA classifies a speeding-related crash as one where a driver involved was charged with an offense related to their speed, or where an officer indicated that racing or speeding was a factor in the accident. In the years between 2003 and 2012 the number of speeding-related fatalities dropped by around 3,000. However, these car accidents still make up a similar percentage of total vehicle fatalities. For example, speeding was a factor in around 31 percent of car crash deaths in 2003, compared to 30 percent in 2012.
Drivers in speed-related fatal accidents are more likely to be younger males, though nearly a quarter of female drivers involved in fatal motor vehicle accidents in 2012 were speeding at the time. The likelihood that speeding is involved in an auto accident decreases consistently with age. Alcohol was a factor in 42 percent of speed-related fatalities, according to the 2012 statistics. The blood alcohol content of drivers in the 21- to 24-year-old range was above the legal limit in 50 percent of fatal speed-related crashes.
Graduated driver's licenses could curb teen crash fatalities
While California is among 15 states that prohibits teenagers from driving with other teens as passengers, its laws governing young drivers are far from the strictest in the nation. According to a 2012 analysis by the Insurance Institute for Highway Safety and the Highway Loss Data Institute, the state could potentially substantially reduce the rate of fatal crashes among 15- to 17-year-old drivers and the rate of collision claims for 16- and 17-year-old drivers by strengthening its laws to match the current best-practices system.
The IIHS reported that no state's laws perfectly mirror its prescribed best practices for a graduated licensing system, which include prohibiting teen passengers in young drivers' vehicles as well as bumping up the minimum age for obtaining permits and licenses, restricting night driving and establishing a minimum number of supervised practice hours that must be met before a young driver obtains his or her intermediate license. Even Connecticut, which the IIHS identified as having the most robust graduated driver licensing laws on the books, could stand to benefit significantly from establishing guidelines for practice hours, night driving and the minimum licensing age. The Institute predicted a 17 percent reduction in deadly crashes and a 13 percent drop in teen drivers' accident claims if that were to happen.
California drivers and collision avoidance system technology
California motorists may have heard that the National Transportation Safety Board has once again called for collision avoidance technology in every new vehicle. On the subject of who should pay for the technology, the NTSB chairman explained that because drivers do not have to pay extra for seat belts, they should not have to pay extra for vehicles equipped with collision avoidance systems either. In its recent report, the NTSB suggests that collision avoidance systems could help prevent thousands of accident-related injuries and fatalities every year.
The agency believes that collision avoidance systems could significantly lessen the impact of or even prevent rear-end crashes. It went on to say that if the systems were made standard, the severity of more than 80 percent of rear-end collisions could be reduced. It has been estimated that this type of collision kills around 1,700 people each year and injures 500,000 more.
While the NTSB has taken a firm stance on whether automakers should equip all new vehicles with collision avoidance technology, the Alliance of Automobile Manufacturers has taken a contrary position. Although it did not comment on the most recent NTSB report, the industry group has said in the past that consumers should be the ones to decide whether they want a vehicle with collision avoidance technology.
Jenner's attorneys seek to dismiss the case
On May 28, it was reported that Bruce Jenner, who was involved in a car accident that killed a woman in California in February, asked the court to dismiss the lawsuit that was filed against him. The lawsuit was filed against Jenner in early May by the deceased woman's stepchildren.
In February, Jenner reportedly collided with a Lexus, which resulted in the vehicle being pushed into oncoming traffic. The Lexus slammed into a Humvee, killing the 69-year-old female driver of the Lexus. Five individuals who were in the Humvee suffered injuries that were considered to be non-life-threatening. Jenner was reportedly uninjured in the crash. The plaintiffs claimed in their lawsuit that they suffered enormous damages and that Jenner was driving negligently when the accident occurred.
Jenner's legal team stated that the two plaintiffs, ages 57 and 60, were financially independent and that Jenner should not be responsible for any damages they may have sustained. No charges were filed against Jenner and it did not appear that he was under the influence when he collided with the Lexus.
Mental health facility sued following suicide of actor's son
A California mental health care facility has been accused of negligence in a wrongful death lawsuit by the soap opera star Kristoff St. John and his wife. The litigation follows the 2014 suicide of the couple's 24-year-old son Julian. The young man took his own life after a long battle with schizophrenia. However, 'The Young and the Restless" star claims that the tragedy was foreseeable and could have been prevented if his son had received adequate care.
The wrongful death lawsuit claims that staff at the Long Beach facility attempted to cover up their allegedly negligent actions by falsifying documents. The St. Johns say that their son had tried to kill himself with a plastic bag three weeks prior to his suicide, which should have placed medical staff on high alert.
In addition to not taking adequate steps to protect their son, the St. Johns allege in their lawsuit that the facility altered records to show that several regular checks had been made on Julian. They say that the checks were recorded in the facility's books even though they did not take place. The lawsuit also claims that the facility continued to receive Julian's welfare checks after his suicide. A representative for the facility said that the Los Angeles Department of Mental Health had conducted an investigation and determined that Julian St. John was provided with care appropriate to his condition.
Conductor on crashed Amtrak train files suit
Many California residents have been watching the latest developments from the Amtrak crash near Philadelphia with a great amount of interest. Now one of the conductors who had been at work on the train when it crashed and suffered tremendous injuries has chosen to file a suit against Amtrak, alleging negligence.
The man had been taking a break when the train derailed and crashed. The force of the collision broke the man's back, neck and both shoulders. The injured man was then forced to extricate himself from the debris. Although there were many Amtrak employees on the train, and at least one other has already filed a lawsuit against the rail company, he is the employee believed to have suffered the most severe injuries.
There is no clear consensus at the moment as to what caused the train to crash. The conductor of the train received a concussion in the incident and does not appear to remember what caused the train to suddenly accelerate. Both the Philadelphia Police Department and the National Highway Traffic Safety Administration have announced their intention to thoroughly investigate the accident.
Former mayor slightly injured in cement truck accident
California residents may be interested to learn that the former mayor of Atlanta, Andrew Young, was slightly injured in an accident in which a cement truck fell on top of his car as well as that of another driver. The man in the other car reportedly suffered serious injuries when both cars were crushed by the falling truck.
According to reports, the cement truck driver ran a red light and was allegedly driving too fast for conditions at the time of the accident. After losing control of vehicle, the truck fell on the two cars and spilled diesel fuel on the roadway. While Mr. Young reportedly was treated at the accident scene and then taken to the hospital as a precaution, the other man suffered serious injuries to his head and hands.
Authorities did not release the identity of the cement truck driver, although they did state that he was cited for failing to obey the traffic signal and with driving too fast. In addition to being the former mayor of Atlanta, Mr. Young was heavily involved with the civil rights movement and worked closely with the Rev. Martin Luther King, Jr. He was also an United Nations ambassador and is currently 83 years old.
Some days are more dangerous than others for drivers
As most California drivers know, some days are better than others for driving. In general, many of these days are associated with national holidays or other days where it can be expected that there will be more drivers on the road. However, some of the days may be more unexpected than others.
National holidays are always going to be more dangerous for drivers than other days. For example, on Memorial Day weekend, the National Highway Traffic Safety Administration estimates that there are approximately 400 driving fatalities every year. New Year's Day, St. Patrick's Day and July 4th also sees a number of fatalities. For these three holidays, alcohol consumption appears to be a leading factor in any car accidents that occur. Thanksgiving and Christmas are also dangerous due to the number of drivers on the road. Many drivers during these two holidays also often drive while stressed, which potentially leads to more aggressive driving.
Motorcycle safety tips and accident prevention
Recently, the California Highway Patrol released safety tips for motorcycle riders in response to rising fatality and injury rates in motorcycle accidents. In a joint effort with the Office of Traffic Safety, May has been deemed Motorcycle Safety Awareness Month.
There are more than 830,000 registered motorcycles in California alone, and 1.4 million motorcyclists. Data released by the National Highway Traffic Safety Administration shows that motorcycle fatalities increased from 9 percent to 14 percent of all motor vehicle fatality accidents from 2004 to 2013.
During 2013, 475 motorcyclists died in collisions, while another 13,143 were seriously injured. This is of concern in California, as the state has the largest number of motorcycle riders and owners. One of the CHP's safety tips is that motorcyclists should always wear their safety gear and helmets. Motorcyclists should additionally follow the speed limits and never drive while under the influence of alcohol or drugs. They should also know their own driving limits and abilities and not fall to peer pressure to push themselves. Motorcyclists should also always drive defensively with the clear understanding that others may not be able to see them.