Time to Put Down Your Cell Phone, It’s The Law!
As 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.
Drive With Your Pet? You May Want to Reconsider…
While 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.
Drinking & Driving Program Hits Home with Teens
Educators at Yucca Valley High School have developed an extremely effective program to dissuade teenagers from drinking and driving. Each year, the school holds a two-day assembly right before prom, called "Every 15 Minutes" which is aptly named after the statistic that someone is killed in a alcohol-related auto accident every 15 minutes in this country.
The program's effectiveness hinges on student's involvement in acting out the scenario of a drunk driving accident in front of the school. In the skit, one student drinks heavily at a party and then gets behind the wheel to go buy more alcohol. Though friends try to convince her not to drive, she convinces them that she is fine and not drunk. On the way, she races at 75mph on a local road, swerves into oncoming traffic, and crashes into a car driven by another student.
One passenger was thrown through the windshield and was killed instantly. Another passenger had to be airlifted from the scene and subsequently died from their injuries. Another passenger was found dead at the scene by paramedics who participated in the skit. The "deceased" students were zipped up in body bags and carted away. The young teenagers who were killed in the skit even spent the night at a hotel and weren't allowed to communicate with any friends or family members.
The following morning, a mock-funeral was held at the school. Family members and teachers delivered realistic eulogies eliciting emotional responses from the audience. Many students were surprised at how much it affected them, knowing very well that they're friends weren't actually dead. Police Officers spoke about the reality and frequency of the situation played-out, while parents of real-life accident victims killed by drinking or drugs shared their stories.
We would love to see these kinds of educational programs at every school around the country. If there's something that can be done to reduce the rates of drinking and driving, especially among teenagers, then it's our responsibility to deliver that message. As a Personal Injury Lawyer Seattle at the Law Offices of Kirk Bernard, we see the devastating effects of alcohol-related car accidents frequently. We applaud the educators at Yucca Valley High School for finding an effective way to get the message through to teenage drivers. You can find the original article here.
Florida Tops Charts For Suspicious Insurance Claims
Staged 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:
Stop What You’re Doing on FaceBook…
I've been a Seattle personal injury lawyer for 30 years and I've just about seen it all when it comes to dirty tricks the insurance companies use to find out info about you to use against your claim. Lately they have resorted to the use of social media to try and scrape up dirt about you and what you're up to.
That's why I've been educating my clients on the importance of being careful while leading a life online. You never know who is looking at your profile, reading what you're up to, looking at your pictures, etc. All of this is out in the open and free for public consumption.
The suggestions I make to my clients also pertains to the average person who hasn't been in an accident or doesn't need a personal injury attorney. There are many ways that dishonest people can use your public information to:
- try and steal your identity
- keep tabs on your coming and going
- try and bully you or your loved ones
- watch your kids and try to exploit them
- try and break into your house while you're gone
- etc.
I was reading online today and I stumbled across this article on yahoo that outlines 7 things you should stop doing on FaceBook right now! I suggest that everyone head over there and read the article, then go straight to your FaceBook profile and make the necessary changes that they suggest.
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.
Police Struggle to Enforce Texting While Driving Laws
Even though states are cracking down on texting while driving by passing more stringent laws, it's ultimately up to law enforcement officials to put these laws into motion. They're finding that while these laws are great in theory, they're actually extremely difficult to actually enforce. Police officers are having a really hard time proving that someone was in fact texting while driving, and not just "talking" on their hand-held cell phone which is still legal in some states.
In 2007, a young girl was killed when a 17 year old driver smashed into the side of her car without so much as a tap to the brakes. The female driver was obviously distracted when the accident happened but without having witness accounts or without the driving admitting to texting, the victim's family will never know exactly why their daughter was killed that fateful night.
Lord Jesus Christ Run Down By Car
Lord 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.
Is Charging At-Fault Drivers For Accidents Legal?
The 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.
Star Wars Sounds Make Electric Cars Safer
Thanks to current population awareness of environmentally-friendly "green-living" choices, there is a major push for electric vehicles right now. Money is pouring into the technology and research and development necessary to make these vehicles a viable purchasing option for consumers. One of the major safety concerns surrounding electric cars is the lack of noise they produce. Pedestrians and other drivers complain that electric vehicles are so quiet, you don't even know they're there.
A study conducted by the University of Calfornia at Riverside concluded that electric cars had to be 40% closer to a pedestrian before they were detected, in comparison to a car with a standard combustion engine. This poses a serious safety risk when pedestrians are looking to cross the road. Bicyclists also rely heavily on audible clues to discern traffic flow around them. Many of us don't realize how much we use these audible clues until they're not available.
Was that really an “accident”?
It's nothing new for criminals to try and gain money with fraudulent insurance claims. As the economy continues to fluctuate, people begin to worry about money and how they're going to get it. Many times this opens the door to criminal thought and behavior.
Now criminals are using methods that could target you as a victim during a car accident. Many of these schemes involve an orchestrated whole team of people with multiple cars involved. The scenarios are very detailed and usually involve trying to take advantage of the insurance companies.
It's really a shame what criminals will try and do to scam the system and it only makes things more difficult for the real victims in accidents and injury claims. Here's a short list of a few ways you can protect yourself from falling victim to these car accident frauds:
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.
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.
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.
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.