KirkBernard.net Kirk Bernard – Personal Injury Lawyer

9Nov/12Off

Highway 99 Crash Under Investigation

A multi-vehicle accident that happened on Highway 99 is now under investigation.

According to the California Highway Patrol and an official report issued by the authorities, one big rig and three other vehicles were involved in the accident that resulted in injuries. One Honda vehicle was found flipped on its roof when the authorities arrived, which blocked two lanes of the road near Lander Avenue.
The authorities took one hour to clear the road but traffic was backed up for quite some time, reports show.

Reports do not indicate how serious the injuries were.

For the full accident article, click here for the full report.

16Jul/12Off

Minor Injuries Reported In Oak View Crash

An auto accident that occurred last Thursday sent one person to the hospital. According to the news, the victim sustained minor injuries as a result of the crash.

Although it’s not yet known exactly how the accident happened and what were the factors that facilitated it, it’s known that the wreck kept two people trapped until firefighters arrived at the scene.

No other vehicles were involved and according to the California Highway Patrol, officers are investigating the accident and should have more details regarding the occurrence in the future.

For the original article, click here.

13Jul/12Off

Texting And Driving Ban Responsible For 20,000 Tickets

Since New York passed a ban on texting and handling a vehicle last year, over 20,000 tickets have been given for violators of this ban.

There has been a significant increase in the amount of tickets issued since the ban was passed, and law enforcement is doing a better job of looking out for people who illegally text and drive.

Read the full article here:
Number of tickets issued under distracted driving law increase

10Jul/12Off

Improvements Prompted By Preventable Crash

Residents in the U.K. are disappointed but not surprised by the recent accident on Cleethorpes roundabout. Safety measures that have been needed for quite some time are being put in place after a teenager was hit on the precarious road.

Residents are both relieved that changes are being made so similar accidents can be avoided and upset by the accident that prompted the reported improvements.

If you would like to learn more, read the full article by following this link:
Safety calls as girl hit by car at roundabout in Grimsby Road, Cleethorpes

20May/10Off

Time to Put Down Your Cell Phone, It’s The Law!

car-accident-lawyerAs of Thursday June 10th, Washington State Patrol Officers will enforce a zero tolerance policy towards driving while holding your cell phone.  Hands-free devices are okay, but if you're caught holding a phone up your ear, you'll be busted. At the Law Offices of Kirk Bernard, we're all for anything that will help reduce accidents caused by distracted drivers.

Washington State passed legislation two years ago which made the act a secondary violation, meaning that law officers had to have a primary offense to pull them over.  Speeding, running a red light, or illegal lane changes were all things that would give them a reason to stop you.  They could then issue an additional fee if they found you were talking on your cell phone. 

19May/10Off

Drive With Your Pet? You May Want to Reconsider…

personal-injury-attorney-seattleWhile there aren't any definite statistics on actual accident rates involving pets and car accidents, the fact remains that they can put you at serious risk.  Currently, pet related accidents are merely lumped into the distracted driving category along with swatting an insect or reaching for a coffee.

At this point in time, Hawaii is the only state to implement an outright ban on driving with your pet in your lap, claiming that pets interfere with a driver's ability to maintain control of the vehicle.  Two years ago, governor Schwarzenegger vetoed a law passed by legislature that would fine drivers for having a pet in their lap.  His reasoning was that he was only focused on passing laws that met California's top priorities at the time.  Similar legistlation was shot down in Virginia.  As a Personal Injury Attorney Seattle, I think that anything that can potentially decrease car accident rates should be a priority.

18May/10Off

Niner Bikes Recalls Bicycle Frames For Cracking Issues

bicycle-accident-attorneyOn May 13th, 2010 bicycle manufacturer Niner Bikes issued a voluntary recall of their bicycles.  This recall is based on the issue that the bicycle's frame can potentially crack and thus result in the rider loosing control and crashing.  A bicycle crash can result in serious injuries, particularly if the rider isn't wearing a proper safety helmet.  Sometimes these injuries are so severe that it's necessary for the victim to hire a Personal Injury Attorney Seattle in order to recover their damages from the accident.

The bicycle frames susceptibility to cracking results from a welding deficiency along the front triangle of the bicycle structure.  If a bike was to fracture while the riders was going high speeds or traveling in close proximity to a car, the injuries could be catastrophic.  Luckily, no reports of anyone getting hurt have been issued thus far.  However, Niner Bikes has received reports that 53 of their products have experienced cracking along that particular weld while someone was riding the bicycle.

14May/10Off

Florida Tops Charts For Suspicious Insurance Claims

car-accident-lawyerStaged car accidents are becoming more and more frequent across the country, especially in the wake of our country's recent financial crisis and economic downturn.  Desperate people are turning to desperate measures that go so far as to stage a car accident resulting in fake injuries and exaggerated car damage.

Florida tops the chart with more than twice as many fraudulent insurance claims than the next two states on the list, New York and California, according to the National Insurance Crime Bureau.  In less than a year's time, over 260 people have been arrested on accounts of auto insurance fraud.  Unfortunately, these bogus claims, often lead to skyrocketing insurance rates for the rest of us.

Crooks have crafted a few different ways to take advantage of you and your insurance company.  As an attorney at the Law Offices of Kirk Bernard, it's heartbreaking to hear stories of people's lives destroyed by an accident that was caused intentionally.  Government agencies need to ramp up their efforts to crack down on these criminals.  Here are just a few examples to watch out for:

13May/10Off

Travelers Insurance Can Save You From Bankruptcy

At least Louise Robbins, a Wisconsin librarian, can attest to that fact.  She and her husband traveled to China in the summer of 2009 when her husband suffered injuries brought about by slipping on the wet marble floor in their hotel lobby and hitting his head.  He seemed okay at the time so they continued up into the mountains for a sightseeing trip.  Symptoms began to appear once they reached an altitude and it became apparent that he was suffering from bleeding in his brain.

He made multiple flights to receive treatment before finally make it home to the States.  Because of the severity of his injuries, it was necessary that he be transported in a plane specially equipped to transport patients in critical condition with medical equipment and personnel.  Louise spent $250 for their travelers insurance policy which saved them from having to pay over $100,000 for all the treatment and transport her husband received.

Many Americans believe that when they travel outside of the country, their health insurance follows them.  This couldn't be farther from the truth though.  Rarely do domestic health insurance policies cover emergency evacuations which are often the most expensive cost of an injury abroad.

The US Travel Insurance Association states that Americans spent $1 billion on supplemental insurance in 2008.  Many people make this purchase to protect themselves against canceled flights, or disruption to their plans due to natural disasters (remember how many flights were canceled due to the Icelandic volcano eruption this year?) but the benefits these polices provide in an emergency far outweigh those advantages.

On average, travelers insurance will run you about 5% of the cost of your trip, which is a complete bargain if you end up using it.  The two most common reason travelers are medically evacuated are from heart attacks and car accidents.  So even when you're out of the country trying to relax, the reality of being involved in a car accident is still very present.

As a personal injury lawyer Seattle, I can warn you about how costly a car accident can be if you're not covered by insurance.  At the Law Offices of Kirk Bernard, we've seen many unfortunate people whose lives have been destroyed financially by a lack of insurance.  Do yourself a favor, don't travel without it.  For tips on how to pick the right traveler's insurance policy, click here.

10May/10Off

Lord Jesus Christ Run Down By Car

Pedestrian-Injury-LawyerLord Jesus Christ was in a marked crosswalk walking across the street when he was struck by a Massachusetts driver.   Police officers gave the young woman at fault for hitting Christ, a citation at the scene for neglecting to yield to the pedestrian.  Christ, whose name was confirmed when officers checked his identification, luckily only sustained minor injuries which included lacerations on his face.  The 50-year-old man was discharged from the hospital shortly after his injuries were treated.

This case brings up a good point regarding pedestrian laws.  Nearly all states have laws requiring drivers to yield to pedestrians in a crosswalk.  A crosswalk can mean a marked crosswalk with horizontal white stripes and a blinking yellow light, or it can just be a regular intersection without any of that.  Regardless, pedestrians have the right-of-way since they are at a great disadvantage should they come in contact with a car.  At the Law Offices of Kirk Bernard, we have seen devastating accidents with life-long disabilities resulting from pedestrian accidents.  Unfortunately, many could have been avoided had drivers and pedestrians exercised greater caution.

6May/10Off

Is Charging At-Fault Drivers For Accidents Legal?

fire truckThe Fire Department of Chula Vista, California is proposing to charge drivers who cause accidents requiring the services of the Fire Department.  They estimate that approximately $100,000 is spent each year on the department's assistance in auto accidents.  Each year, they respond to about 420 accidents which use their time and resources.  By charging the drivers at fault, they can recoup a good chunk of their expenditures.

The City of Chula Vista claims that they think this is a fair since taxpayers wouldn't have to foot the bill for accidents that they didn't cause.   The amount charged would vary depending on the severity of the accident and the amount of assistance required.  The majority of car accidents would cost $435 while accidents requiring extraction from a vehicle would cost $1800, and a fire would run you $605.  In the event that someone needs to be airlifted to a nearby hospital, the fee would jump up to $2100.

3May/10Off

Georgia State Bans Texting While Driving

On April 27th, 2010, Georgia's House of Representatives and Senate passed a bill that bans texting and driving as well as talking on your cell phone while driving.  Once the bill becomes a law, it will ban cell phone use for teens age 16 and 17, and will ban texting while driving for drivers of all ages.  Offenses made by juvenile drivers come with a penalty of $150 fine with a 90 license suspension (or suspension until they turn 18 if that comes first).  The $150 fine is doubled if another traffic violation occurs at the same time, for instance speeding while driving and texting.  Adult drivers will only be fined $100.

Many feel that while the law is a step in the right direction, the penalties that come with it are not stringent enough to really deter people from texting while driving.  Personal injury attorney, Kirk Bernard, feels that the law should extend to ban all drivers from talking on the cell phone while driving, regardless of their age.

If the bill becomes a law, it will be dubbed the Caleb Sorohan Act to commemorate Caleb Sorohan, a 19 year old boy who was killed due to an accident he caused by driving while text messaging.  Currently, the bill is awaiting a signature from the Governor.

Georgia now joins the nine other States who have passed laws banning text messaging while driving.  These other states include Oregon, Washington, New York, Colorado, and Virginia.  Many of these states, such as Washington, have made texting and talking on a hand-held cell phone a primary offense so that a police officer can make a citation without needing another offense as a reason to pull the driver over.

As a Seattle personal injury lawyer, I have seen an explosion of car accidents caused by cell phone use and texting while driving over the last two to three years.  Often times, the people who survive the accidents are still left with debilitating injuries that can last a lifetime.  A Youtube video made by a police department in the UK is circulating at a rapid rate and was showcased in this clip from the Today Show.  They created a public service announcement that graphically portrays a horrific car accident that kills four people, as a result of a driver who is text-messaging and crosses into oncoming traffic.  You should be prepared that this video is extremely graphic, but it might be the key to discourage drivers from texting while behind the wheel.

More resources regarding texting and driving can be found here.

29Apr/10Off

New App Prevents Texting While Driving

After a Washington man watched his three-year-old daughter narrowly avoid being hit by a driver who was distracted by texting on his cell phone, he decided to take action.  There's no denying that driving while texting shifts your attention away from the road and can result in a catastrophic, if not fatal, Seattle car accident.  Car and Driver Magazine published a study conducted by Virginia Tech that concluded drivers that text have slower reaction times than intoxicated drivers. Not only that, but those who choose to text while driving are almost 25 times more likely to be implicated in an auto accident.

Erik Wood teamed with software writers to bring OTTER to life.  His software, which is an acronym for "One Touch Text Response," serves to inhibit people's instinctual need to respond to a text-message right away, even when they're driving.  The application is set-up so that when you travel faster than 10 miles per hour, a GPS sensor will trigger your phone to go into an auto-reply mode.  The phone won't alert the driver in any way that a text message has been received and it will send a customized response automatically to the sender.

Wood claims the software was designed to be used as a "tool, not a shackle" and was not intended to "impede on anyone's civil liberties."  OTTER has also paired up with the Break the Habit Campaign which serves to educate teenagers about the dangers of texting while driving.

An added bonus that the software provides is decreasing distractions while working or studying.  Wood has heard from users that are now much more productive during school or work hours by setting their phone to the auto-respond OTTER mode.  This application works on the Google Android platform only and is available to download for $3.99.

We hope that more people will come forward with other smart ideas to make our roads safer and to help decrease accident rates.  At the Law Offices of Kirk Bernard, we've seen way too many accidents caused by texting while driving that could have been easily avoided.  To learn more about the Break the Habit Campaign click here.  For more information about OTTER, please click here.

28Apr/10Off

Whoa, watch where you’re going!

The other day I told you about a car that is able to actually steer itself and how I hope that the technology would be able to prevent car accidents in the future. Well, I just finished reading an article where a team of Scientists at Freie Universität, working under the computer science professor Raúl Rojas, are developing technology that will allow you to steer your car with your eyes.

You read that right. There are cameras and software that monitor where your eyes track on the road, collect that data and then adjust the direction of travel based on where you look.  Acceleration and braking work independently of the eye-tracking software, called eyeDriver.  The technology behind it is rather complex and you can read more about it here and here.

The car operates in two modes under this technology, free ride and routing.In the free ride setting, the steering works in conjunction with visual and physical input from the driver.  On the other hand, routing mode offers autonomous steering by tracking eye movement.  Only when you come to fork on the road will the car prompt you for decision making.

The software actually has the technology to sense when your eyes close, and when this happens it automatically applies the brakes.  I would love to see more advancements like this that can hep make driving safer. As we begin to live busier and busier lives car accidents appear to be happening more and more. It would be wonderful to be able to cut down on the number of accidents and have safer highways.

23Apr/10Off

Is Safer Driving Around The Corner?

I was thumbing through Yahoo News when I stumbled upon this article about a car that is set to climb (switchback laden) Pike's Peak this fall. Big deal you might be thinking right now, but the catch is that it will do so without a driver!

The first thing that flashed in my mind was the old movie "The LoveBug" where "Herbie" had a mind and personality of it's own. While this car is nothing like that, it may very well be able to one day help save lives and prevent car accidents.

Stanford University researchers have been working on technology that can make driving a much safer experience for us in the future, and this is a major milestone in that journey. This is certainly not the first major break through in cars that operate themselves. We currently have cars on the market with adaptive cruise control as well as cars that parallel park without the aid of the driver.

If you'd like to find out more about this car (Shelley) you can read the full article here.