California Injury Blog

The U.S. Postal Service (USPS) released the top 10 cities where mail carriers are most often the victims of dog attacks. Once again, Los Angeles has earned the dubious distinction of leading the pack when it comes to the most dog attacks on mail carriers. San Francisco was number four on the list while San Antonio and Seattle tied for second place and Chicago came in third.

According to the U.S. Postal Service, in Los Angeles, dogs attacked 69 postal employees in 2012. Nationwide 5,879 postal employees were attacked. Officials point out that in situations where loose dogs roam neighborhoods, mail delivery to the owner's neighbors could be curtailed as well. They also say that letter carriers would like it known when they must come to a customer's door, they would appreciate the dogs being confined elsewhere. Postal workers have reported about incidents where the sight of a postal carrier was so infuriating to the dogs that they would jump right through screen and glass doors.

Dog Bite Prevention Week

In United States, 4.7 million people each year are bitten by dogs, more than half of whom are children, the U.S. Center for Disease Control and Prevention (CDC) states. The USPS, the medical community, CDC and the insurance industry are all working together this week (May 19-25), which has been designated as National Dog Bite Prevention Week, to create awareness about preventing dog bites.

Liability Issues in Dog Bite Cases

Under California law, dog owners can be held financially responsible for the injuries caused by their pets. California has a strict liability statute, which holds dog owners liable in dog bite cases. Injured victims can seek compensation for damages including medical expenses, lost wages, cost of hospitalization, rehabilitation, permanent injuries and scars and pain and suffering. Injured victims would also be well advised to contact an experienced Los Angeles personal injury attorney who will stay on top of the official investigation and ensure that the negligent parties are held liable. In the case of mail carriers, they can seek workers' compensation in addition to filing a personal injury claim against dog owners.

This is the fourth in a series of five articles that will focus on traveling safely during the summer. Read the other posts here: Part 1, Part 2, Part 3, Part 4

Before hitting the roadways this summer, it is critical that drivers take a few minutes to check the condition of their tires. Not only do well-maintained tires keep your car safer and help it last longer, but it also helps you save money. It is especially important during the summer travel season that motorists pay attention to aging or degraded tires, particularly when they decide to embark on a road trip.

Tire Failure Statistics

According to the U.S. National Highway Traffic Safety Administration (NHTSA), in 2004, tire life was estimated to be 44,700 miles accumulated over 3.6 years. This means that one of the first things you should do when buying a used car particularly from a private owner is to determine the age of the tires. What you do not know may seriously hurt you. NHTSA estimates that about 400 fatalities a year are caused by tire failures. In terms of aging, tires exposed to heat and the sun are likely to wear out quickly.

Tips for Tire Safety

Here are some tips to help keep your tires in good shape and your travels safe all summer:

• Pick your tires carefully: Tire selection should be based on the right size recommended for the vehicle and its loading recommendations. It is important to consult with a knowledgeable tire or auto dealer about selecting the right tire for your typical driving patterns. It is also important to buy a tire gauge and keep it handy in your car at all times.
• Checking tire pressure: This should be done at least once per month and especially before a long trip. Under-inflation can cause tire damage, which could in turn lead to tire failure. Use the manufacturer's recommended air pressure listed on the sticker of your vehicle's door jamb or the owner's manual.
• Slow down during wet weather: You reduce the risk of hydroplaning when you drive at a slower speed.
• Rotate your tires: Tire rotation should be done every 6,000 miles. Any misalignment, imbalance or other mechanical problem will be noticed before tires are rotated.
• Vehicle alignment: It is important to have a mechanic check your vehicle's alignment, especially when you notice that your car is pulling to one side when you are driving.
• Check your tire tread: Inspect and measure your tire tread. This is easily done by placing a penny in the tread groove. If you can see the top of Lincoln's head, then it is time to change your tires. Also, check the tire sidewalls to ensure that there are no gouges, cuts, bulges or other damages.
• Do not overload your vehicle: Doing so can create excessive heat inside your tires causing damage and leading to tire failure.

If you or a loved one has been injured as the result of a defective tire, an experienced auto product liability lawyer can help you better understand your legal rights and options. Please stay safe this summer!

This is the third in a series of five blogs about staying safe during your summer travels and road trips. Read the other posts here: Part 1, Part 2, Part 3, Part 4

Summer vacation for many is a time to relax and rejuvenate. However, it is also a hectic time when most families choose to travel. Americans tend to try and pack in as much into a short time as possible. This is also true of road trips. If you are driving on your vacation this summer and have a number of destinations and activities planned, at some point, you may find yourself driving while sleepy or drowsy. Many motorists try to drive late at night to avoid congestion on long road trips. This is asking for trouble because it is when a number of drivers tire themselves out. Traffic safety experts have recognized that driving while drowsy is just as dangerous and risky as driving under the influence.

Drowsy Driving Statistics

According to the National Safety Council (NSC), studies show that 37 percent of drivers in 2008 reported having fallen asleep at the wheel. The Council estimates that about 75 million drivers operate a vehicle while fatigued in just a month nationwide. More than one-third of drivers reported in 2008 that they drove while drowsy between 6 a.m. and 5 p.m. and 17 percent said they nodded off between 5 and 9 p.m. The National Highway Traffic Safety Administration (NHTSA) estimates that drowsy driving causes more than 100,000 crashes a year, resulting in 40,000 injuries and 1,550 deaths.

Risk Factors and Symptoms

Those who are most at risk for driving while drowsy are those who have been sleep-deprived. Six hours of sleep or less triples your risk. If you have been suffering from insomnia, driving long distances without proper breaks, driving through the night when you would normally be asleep, you may be at risk. Those who take sedatives or alcohol also run the risk of falling asleep at the wheel.

You know you are fatigued when you have difficulty focusing, blinking or have "heavy eyelids." If you have trouble remembering the last few miles you drove or missed exits or traffic signs, you may have dozed off. Other signs of fatigued driving include trouble keeping your head up, feeling restless and irritable, yawning repeatedly and drifting away from your lane.

Preventing Drowsy Driving

There are several steps you can take to avoid fatigued driving:

• Get a good night's rest. Experts at the National Sleep Foundation recommend seven to nine hours of sleep per night for adults and between eight and nine hours for teenagers.
• Plan to drive long trips with a companion.
• Schedule regular stops every 100 miles or once every two hours.
• Avoid alcohol and any medications.
• Consume the equivalent of two cups of coffee. However, caffeine is not a substitute for rest or breaks.

As California personal injury attorneys who represent victims of car accidents, we see all too often that a crash is caused by a sleepy or fatigued driver. Please do not put yourself or your family at risk this summer. If you have been injured by a drowsy or negligent driver, please contact a reputed personal injury law firm to obtain more information about pursuing your legal rights.

Hang Vu, 60, died from injuries she sustained in a Westminster car crash after a vehicle struck her at the parking lot of a supermarket. The Orange County Register reports that the fatal pedestrian collision occurred the morning of May 13, 2013 in the parking lot of the A Dong Supermarket at 9221 Bolsa Avenue in Westminster. Police and paramedics arrived at the scene and found two female pedestrians were injured as a result of the crash.

A woman later identified as Hang Vu had been struck and critically injured while she was standing in front of the supermarket. Vu died later from her injuries. The other pedestrian was taken to a local hospital with non-life-threatening injuries. Police are still investigating the cause of this crash. No arrests or citations have been reported.

Pedestrian Crash Statistics

There were four fatalities and 28 injuries reported as a result of pedestrian accidents in Westminster, according to California Highway Patrol's 2010 Statewide Integrated Traffic Records System. During the same year, 32 people died and 770 were injured due to pedestrian collisions in Orange County.

What Caused This Fatal Crash?

Based on this news report, it appears that the woman was just standing in front of a large supermarket in Orange County's Little Saigon when she was struck by a vehicle and critically injured. There are several questions here. Was the driver of the vehicle under the influence? Was the driver distracted or inattentive? Was there a dangerous condition on the property, which may have caused or contributed to this fatal incident? I trust officials are looking into these and other issues in order to determine precisely what occurred here and why.

Fault and Liability

If the driver is determined to have been at fault here, he or she could be held liable for Vu's wrongful death and the injuries caused to the other pedestrian. If a dangerous condition on the supermarket's parking lot caused or contributed to the incident, the property owner can also be held liable. Families of deceased victims can seek compensation for medical and funeral expenses, lost future income and loss of love and companionship. Injured victims and families of deceased victims would also be well advised to contact an experienced Westminster personal injury lawyer who will stay abreast of the official investigation and ensure that the rights of victims and their families are protected.

Two people suffered injuries in a Fullerton car crash after two Toyota sedans collided head-on at a street intersection. The Orange County Register reports that the injury collision occurred the morning of May 10, 2013 at the intersection of Bastanchury Road and Morelia Avenue. Fire officials say both drivers were treated at the scene and transported to an area trauma center. The nature and extent of the injured victims' injuries is not known. The investigation is still ongoing.

OC Crash Statistics

There were five fatalities and 665 injuries reported as a result of Fullerton car accidents, according to California Highway Patrol's 2010 Statewide Integrated Traffic Records System (SWITRS). Countywide, 100 people died and 13,368 were injured due to car crashes during the same year.

Right-of-Way Issues

Based on this news report, it appears that the collision occurred at a T-intersection, which is regulated by traffic lights. There are still several unanswered questions here. How did the accident occur? Who was at fault? Did one of the drivers run a red light at the intersection? Did a driver fail to yield the right-of-way? Did speed, impairment or distraction play a part?

California Vehicle Code section 21453 (a) states: "A driver facing a circular red signal shall stop at the limit line before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown." Also, According to California Vehicle Code section 21800 (a): "The driver of a vehicle approaching an intersection shall yield the right-of-way to any vehicle which has entered the intersection from a different highway."

Fault and Liability

In such cases, the at-fault party can be held liable for the injuries and damages caused. Injured victims can seek compensation to cover damages including medical expenses, loss of wages, cost of hospitalization, rehabilitation, pain and suffering and emotional distress. Injured victims would be well advised to contact an experienced Fullerton personal injury lawyer who will analyze all aspects of the incident and ensure that the negligent parties are held liable.

A knowledgeable lawyer will also be able to determine whether a dangerous intersection caused or contributed to the incident. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury claim against a governmental agency must be filed within six months of the incident.

A motorcyclist was injured in a Santa Ana car crash that involved six other vehicles, The Orange County Register reports. California Highway Patrol officials say that the incident occurred early morning on May 10, 2013 on the 55 Freeway north of the Dyer Road off-ramp. As cars in the left lane were hit in a rear-end collision, other drivers changed into the middle and carpool lanes to avoid the crash.

A vehicle turning into the carpool lane struck a motorcyclist who was on a Yamaha sports bike. The rider was knocked off the bike and ended up pinned under the silver Toyota Tacoma. Passers by were able to lift the truck off the motorcyclist. The man was injured, but is expected to survive. An investigation is ongoing.

Motorcycle Crashes

According to California Highway Patrol's 2010 Statewide Integrated traffic Records System (SWITRS), one person died and 49 were injured as a result of motorcycle accidents in Santa Ana. In Orange County as a whole, 19 fatalities and 750 injuries were reported as a result of motorcycle crashes during the same year.

Possible Unsafe Lane Change

Based on this news report, it appears that the crash was spurred by a rear-end accident. One of the vehicles turned into the carpool lane and did not see the motorcyclist approaching. California Vehicle Code section 21658 (a) states that whenever a roadway has been divided into two or more clearly marked lanes for traffic in one direction the vehicle "shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety."

Liability Issues

In such cases, the at-fault or negligent driver can be held liable for injuries and damages caused. Injured victims can seek compensation to cover damages including medical expenses, lost wages, cost of hospitalization, rehabilitation, permanent injuries, disabilities, pain and suffering and emotional distress. Victims would also be well advised to contact an experienced Santa Ana personal injury lawyer who will stay abreast of the official investigation and ensure that the negligent parties are held liable. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

Justin Vargas-Smith, 3, died after a backyard swimming pool accident at a relative's home. According to a news report in The Tribune News. Justin was playing near the above ground pool at a residence in the 100 block of Vine Street on May 4, 2013 when he fell in. Police say the boy and his family members had just returned from a local park where they had been celebrating a birthday.

Ten minutes after unloading the car, Justin's mother came out of the house looking for her son. She found him submerged under the solar cover of the pool. Attempts to resuscitate Justin were unsuccessful. He was transported to an area hospital where he died. Justin's parents have been identified as Brittany Vargas and Justin Smith. Police are investigating this tragic drowning incident.

Swimming Pool Accident Statistics

According to the U.S. Centers for Disease Control and Prevention (CDC), drowning is the leading cause of injury deaths for young children ages 1 to 4. For toddlers (children ages 1 to 4), swimming pools pose the greatest risk of submersion injury. Nonfatal drowning can cause brain damage that may result in long-term disabilities such as memory problems, learning disabilities and permanent loss of basic functions (vegetative state).

Preventing These Tragedies

With Memorial Day quickly approaching, so is summer and the swimming season. It is absolutely essential to take every possible safety measure to ensure that our children are safe:

• Pool fencing: Proper pool fences can significantly reduce the risk of drowning. More than half of all swimming pool drowning incidents involving young children can be prevented by four-sided fencing that completely separates the pool from the house and the yard. These fences should be at least 4 feet high and have self-closing and self-latching gates that open outward with latches that are out of children's reach.

• Swimming lessons: Knowing how to swim can help prevent drowning. But young children should be supervised at all times even if they know how to swim.

• Life jackets: Inexperienced swimmers benefit from wearing properly fitted life jackets and using water rings, tubes or noodles for flotation support.

• Supervision: Adults should supervise children not only to ensure that they are safe in the water, but also to prevent unintended pool access.

Liability in Swimming Pool Accidents

It is the responsibility of homeowners to keep the swimming pool area safe. Our California personal injury lawyers have handled several cases involving swimming pool accidents, where a negligent homeowner or caregiver is involved.

If a swimming pool accident occurs on your property or on your watch, you could be held liable for the injuries or wrongful death. Please make sure you take all the necessary safety steps this summer to prevent a tragic swimming pool accident from occurring - whether it's on your property or someone else's. Have a safe summer!

This is the second in a series of five blogs about staying safe during your summer travels and road trips. Read the other posts here: Part 1 Part 2, Part 3, Part 4

Summer is just around the corner and for most American families that usually means long road trips and vacations. However, summer is also the most dangerous time for travelers. The U.S. National Highway Traffic Safety Administration (NHTSA) came out with statistics recently that 21 of the top 25 deadliest days for teen drivers in particular fall between Memorial Day and Labor Day.

Distracted driving has been cited as the top reason for car accidents involving teens followed by speeding, inexperience and additional teen passengers. These factors apply to adult drivers as well. In fact, distracted driving is often referred to as an epidemic in our society today. Distracted driving is not only texting and driving. Any type of activity that takes a driver's attention away from the roadway or from the act of driving is distracted driving.

Distracted Driving Statistics

According to NHTSA, in 2011, 3,331 people were killed in crashes involving a distracted driver, compared to 3,267 in 2010. An additional 387,000 people were injured in motor vehicle crashes involving a distracted driver, compared to 416,000 injured in 2010. Also,
18 percent of injury crashes in 2010 were reported as distraction-affected crashes.

Preventing Distracted Driving

There are several steps drivers can take this summer to avoid a distracted driving crash:

• Turn off your cell phone or try not to answer it. If you need to, check your messages when you stop at a rest stop or pull over if you need to make a call or answer a call. Do not text, check your email or browse the Internet while driving. Statistics show that these are the activities that are most dangerous for drivers.

• When you are traveling on vacation, make sure you set the GPS before you begin driving. Do not try to read a map or change your GPS setting when you are driving. If you must do so, pull over.

• Pay attention to the traffic around you.

• Do not eat or drink while driving.

• Limit talking to passengers. A number of distracted driving accidents occur when drivers turn around to talk to passengers.

• Be careful about getting distracted by children in the car.

If a distracted driver injures you this summer, please contact an experienced California personal injury lawyer who will remain on your side, fight for your rights and ensure that the negligent driver is held liable.

Ana Martinez, 36, was killed in a Mission Viejo car crash, which officials say involved a wrong-way driver. According to a news report in The Orange County Register, the fatal crash occurred along Santa Margarita Parkway near Los Alisos Boulevard the night of May 7, 2013. Police say the woman was headed north in a Toyota Sienna minivan while a 43-year-old man was going south on the northbound lanes in a Ford truck. The two vehicles collided head-on. Martinez died from her injuries and the man was also transported to an area hospital with unknown injuries. It is not clear why the man was going the wrong way. The investigation is still ongoing.

OC Crash Statistics

According to California Highway Patrol's 2010 Statewide Integrated Traffic Records System (SWITRS), one person died and 267 were injured as a result of traffic accidents in Mission Viejo. During the same year, 100 fatalities and 13,368 injuries were reported as the result of car accidents countywide.

What Caused This Head-On Collision?

Based on this news report, it appears that the driver of the Ford truck was on the wrong side of the road at the time. California Vehicle Code section 21651 (a): "Whenever a highway has been divided into two or more roadways by means of intermittent barriers or by means of a dividing section of not less than two feet in width, either unpaved or delineated by curbs, double-parallel lines, or other markings on the roadway, it is unlawful...to drive any vehicle over, upon, or across the dividing section."

In this case, there are still a number of unanswered questions. What caused the driver of the Ford truck to go the wrong way on the roadway? Was he intoxicated or under the influence of alcohol or drugs at the time? Did he suffer a medical condition? Was he driving an excessive rate of speed? Did reckless or distracted driving play a part? I trust officials are looking into these and other issues in order to determine precisely what occurred here and why.

Liability Issues

In cases where negligence or wrongdoing is involved, families of deceased car accident victims can file what is known as a wrongful death claim against the at-fault parties seeking compensation for medical expenses, funeral costs, lost future income and loss of love and companionship. Victims' families would also be well advised to contact an experienced Orange County personal injury lawyer who will analyze all aspects of the incident and ensure that the negligent parties are held accountable.

A motorcyclist was fatally injured in an Arcadia car accident, which officials say, involved a hit-and-run driver. According to a news report in the San Gabriel Valley Tribune, the fatal crash occurred the night of May 7, 2013 in the 200 block of West Foothill Boulevard. Police say the motorcycle was struck by a blue Mitsubishi. The motorcyclist was thrown off his bike and suffered internal injuries and head trauma. He was transported to an area hospital where he died. The driver of the Mitsubishi, possibly a Lancer, fled the scene. There is no driver description available, but officials say the electric blue Mitsubishi sustained damage to the passenger side including a missing side mirror. Anyone with information is asked to call Arcadia police at 626-574-5151.

Crash Statistics

There were no fatalities, but eight injuries involving motorcycle collisions in the city of Arcadia, according to California Highway Patrol's 2010 Statewide Integrated Traffic Records System (SWITRS). In Los Angeles County as a whole, 74 people died and 2,637 were injured due to motorcycle accidents in 2010. During the same year, 147 deaths and 19,009 injuries were reported as a result of hit-and-run car accidents statewide.

Leaving the Scene of a Crash

Based on this news report, it is unclear as to whose fault the accident was. However, California Vehicle Code Section 20001 (a) requires motorists to stop immediately and remain at the scene of a crash, regardless of who was at fault. Motorists are also required to exchange information with the other parties and most importantly, get help for the injured victims. It could be something as simple as picking up a cell phone and calling 911. In this case, the driver of the Mitsubishi simple drove away leaving the critically injured motorist lying on the roadway. Outrageous!

Holding Hit-and-Run Drivers Responsible

I trust officials will apprehend the suspect and bring him or her to justice. If you have any information about this hit and run crash, please visit our web site at www.hitandrunreward.com. Our site allows witnesses to provide an anonymous tip and also become eligible to receive a $1,000 reward. This is our way of working with law enforcement officials and the community to help nab hit-and-run drivers and hold them accountable.

Families of deceased victims in such cases would be well advised to contact a reputed Los Angeles personal injury lawyer, who will stay on top of the official investigation and ensure that the negligent parties are held accountable. A knowledgeable car accident lawyer will also be able to inform families about how their car insurance policy applies to a hit-and-run crash or in a case where the at-fault motorist is uninsured or underinsured.

Jose Cuevas, 39, was killed in a Los Angeles car crash, which officials say, may have involved street racing. According to news report on KABC and CBS Los Angeles, the fatal collision occurred in the 200 block of West Manchester Avenue the night of April 30, 2013. Police say the driver of a Pontiac was racing a Dodge Charger that was traveling the wrong way on Broadway.

The Dodge slammed into a pickup truck and the Pontiac collided with a Saturn that was being driven by Cuevas. The drivers of the Dodge and the pickup truck were transported to area hospitals. Police are still looking for the driver of the Pontiac and two passengers in the Dodge who fled the scene on foot. In total, eight cars and one bicyclist were involved in the two collisions. A third person was also transported to the hospital, but the nature and extent of his or her injuries is not known. Anyone with information about this case is asked to contact LAPD's South Traffic Division at 323-421-2577.

Violation of Laws

Based on this news report, it appears that the fatal crash involved a driver who was racing on a public roadway. California Vehicle Code section 23109 (a) states: "A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest."

In addition, the driver of the Pontiac also left the scene of the crash, which is illegal under California Vehicle Code Section 20001 (a). Under California law, motorists are required to stop immediately at the scene of a crash, exchange information with all the parties involved and most importantly render aid to the victims. In this case, the driver did none of the above, but took off leaving several injured victims at the scene. Appalling!

Holding Wrongdoers Accountable

I certainly hope officials are able to apprehend this driver and bring him or her to justice. If you have any information about this incident, please visit our Hit-and-Run Reward Program's web site at www.hitandrunreward.com to offer an anonymous tip and to become eligible for a $1,000 reward.

Injured victims and families of deceased victims would also be well advised to contact an experienced Los Angeles personal injury lawyer who will stay abreast of the official investigation and ensure that their legal rights and best interests are protected. A knowledgeable car accident lawyer will also be able to advise victims and their families how their own auto insurance policy might apply to an incident where a hit-and-run driver is not found or where the at-fault driver is uninsured or underinsured.

This is the first in a series of five blogs about staying safe during your summer travels and road trips. Read the other posts here: Part 1, Part 2, Part 3, Part 4

Summer is a wonderful time to take long trips with family members and friends. But, it is also the time of year when accidents increase considerably because there are more vehicles on our roadways and because alcohol consumption increases during this time. In this series, we will examine the various steps and measures you can take to keep your family safe during this summer travel season.

Vehicle Maintenance Checklist

One of the most important items on your checklist should be to get your vehicle ready for the road. Regular maintenance such as tune-ups, oil changes, battery checks and tire rotations go a long way toward preventing breakdowns and getting you safely to your destination. Here is a list of basic safety checks that must be performed before you embark on that road trip:

• Tire maintenance: Check the air pressure in all your tires, especially the spare tire, which is often overlooked. Check pressure when tires are cold in order to get an accurate reading. Inspect your tires for signs of excessive wear. If the tread is worn down to 1/16th of an inch that means you need new tires.

• Belts and hoses: Inspect all belts and hoses to make sure there are no blisters, cracks or cuts in the rubber. With high temperatures, it is likely that the rubber belts and hoses with further degrade.

• Wiper blades: These are also susceptible to summer heat because they are made of rubber. It is worth investing in new ones if they are worn.

• Coolant level: Get your cooling system flushed and refilled. On a long road trip in summer heat, you will want your air conditioner functioning well.

• Fluid levels: This includes checking oil levels and the transmission, power steering, coolant and windshield fluids.

• Lights: Make sure the headlamps, brake lights, turn signals, emergency flashers and interior lights are in working condition.

• Brakes: Your vehicle's brakes should be in top working condition. Check to see if you need to replace brake pads before your trip.

Protecting Your Rights

Despite all the precautions you may take, accidents still happen. If you or someone you love has been injured as the result of a negligent driver, it is important that you know and understand your legal rights. It is also important that you have your insurance, license and vehicle registration with you during your travels. If you have been injured in a car accident, an experienced California personal injury lawyer can help you better understand your legal rights and options.

Wei Lan Shi, 57, was killed in an Anaheim pedestrian accident after she was struck by a vehicle while crossing a major roadway. According to a news report in The Orange County Register, the fatal collision occurred the night of April 26, 2013. Police say Shi was walking across the roadway in the 700 block of Beach Boulevard outside a crosswalk when a northbound pickup truck hit her. Officials say Shi was a tourist from China. She was pronounced dead at the scene. The investigation is ongoing.

Pedestrian Accident Statistics

According to California Highway Patrol's 2010 Statewide Integrated Traffic Records System (SWITRS), there were eight fatalities and 101 injuries involving pedestrian accidents in Anaheim. In Orange County as a whole, 41 people died and 864 were injured due to pedestrian collisions during the same year.

Laws Relating to Pedestrians

Based on this news report, officials say Shi was crossing a major thoroughfare outside a marked crosswalk. California Vehicle Code Section 21954 states: "Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard." The same section also states: "The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway."

Fault and Liability

There are still several unanswered questions here. Was there a crosswalk near where Shi was crossing? Was there a dangerous condition on the roadway, which caused or contributed to the incident? Was the driver speeding at the time? Was the driver of the pickup truck impaired or distracted? I trust officials are looking into these and other issues in order to determine precisely what occurred here and why.

If the driver of the pickup is determined to have been at fault, then, he or she can be held liable for the victim's wrongful death. A knowledgeable Anaheim personal injury lawyer will also be able to determine whether a dangerous condition on the roadway caused or contributed to the crash. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a governmental agency must be filed within 180 days of the incident.

The U.S. Department of Transportation has released new guidelines that discourage automakers from installing any devices that allow drivers to enter text for Internet browsing or text messaging. According to Detroit News and other media reports, the new guidelines also recommend disallowing any in-car devices that display Web page content, text messages, emails or other similar content.

The National Highway Traffic Safety Administration (NHTSA) has reiterated that these new guidelines are just that. They are suggestions from the government that may be voluntarily adopted by automakers. The government has given automakers three years before the voluntary guidelines take effect - up from an initially proposed two years.

NHTSA's proposed character-based limit for manual text entry during driving has been replaced by a recommendation against any amount of manual text entry by the driver, be it for texting or Internet browsing. The guidelines now prohibit any amount of text for reading from books, magazines, Web content, social media sites and text messages. The only exception NHTSA is making is for maps or location information.

Distracted Driving Statistics

NHTSA drew up these guidelines after finding out that distracted driving laws have not done much over the last couple of years when different states have enacted texting and cell phone bans.

• The number of people killed in distracted driving crashes increased in 2011 to 3,331 from 3,092 in 2010.

• The number of people injured in distracted driving crashes fell to 387,000 in 2011 from 416,000 in 2010.

• The number of crashes involving cell phone rose from 47,000 in 2010 to 50,000 in 2011.

• There was very little change in driver behavior and use of cell phones between the two years.

Although carmakers are lobbying lawmakers to put off these voluntary guidelines, the National Transportation Safety Board (NTSB) wants to prohibit drivers from making hand-held and hands-free phone calls while driving. In December 2011, the NTSB made a recommendation that it would not bar calls made directly through a vehicle such as GM's OnStar. However, the agency does want to prohibit calls made through a vehicle and a "paired" hand-held cellphone.

California law prohibits drivers from texting or using a handheld cell phone while driving. According to California Vehicle Code Section 23123 (a): "A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving."

Devices Take Driver Focus Away

According to a recently released study by the Southwest Region University Transportation Center and conducted by the Texas A&M Transportation Institute, even hands-free texting can be perilous. The study showed that drivers' reaction times slowed down significantly while manually texting or even using a hands-free app. Researchers observed that drivers still took their eyes off the road to manually type.

A NHTSA study also made similar findings - that visual-manual tasks can affect a driver's focus and increase the likelihood of a car crash by three times. NHTSA determined that the greatest distractions include sending text messages, browsing Web pages and dialing phone numbers. The study also found that sending text messages takes the driver's eyes off the roadway for about 23.3 seconds, which doubles the danger of a collision or a near-collision.

The Department of Transportation's voluntary guidelines are part of its Blueprint for Ending Distracted Driving - a program the agency has been trying to put in place for three years with the goal of eradicating the epidemic that distracted driving has become with the proliferation and extensive use of in-car electronic devices. Earlier this month, NHTSA revealed shocking statistics that at any daytime moment, about 660,000 drivers nationwide are using a cell phone behind the wheel. Officials say they believe that these guidelines can save thousands of lives provided they are combined with good legislation, enforcement and education.

Victims of Distracted Driving

There is no question that distracted driving is negligent driving. A distracted driving car accident can cause serious injuries or even fatalities. Injured victims of distracted drivers can seek compensation from the at-fault parties for damages including medical expenses, lost wages, cost of hospitalization, rehabilitation, permanent injuries and pain and suffering.

Families of deceased victims can file a wrongful death claim seeking compensation for damages such as medical and funeral costs, lost future income and loss of love and companionship. Injured victims would also be well advised to contact an experienced California personal injury lawyer who has experience handling similar cases successfully. A knowledgeable lawyer will use key evidence such as cell phone records to determine liability and to ensure that victims are justly compensated for their significant losses.

Thuy Nguyen, 85, was killed in a pedestrian collision in Newport Beach after a pickup truck struck him. The Orange County Register reports that the fatal collision occurred the night of April 19, 2013 on the southbound off ramp of the 73 toll road at MacArthur Boulevard. Nguyen was struck by a dark gray Toyota Tundra. He was taken to an area trauma center where he died a few hours later. No arrests or citations were reported. The investigation is ongoing.

According to California Highway Patrol's 2010 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but 38 injuries reported as the result of pedestrian crashes in Newport Beach. In Orange County as a whole, 32 people died and 770 were injured due to pedestrian collisions in 2010.

What Caused This Crash?

It is unclear from this news report as to how or why this Newport Beach car crash took place. Based on this news report, the man was crossing at the off ramp when he was hit by the pickup truck. There are several unanswered questions here. Why was the driver unable to see Nguyen at the off ramp? Was the location where this crash occurred dark or lacking in lighting? How fast was the driver going at the time? Did impairment, distraction or recklessness cause or contribute to the incident? Have there been other pedestrian accidents at that location? Did a dangerous condition on the roadway cause or contribute to the incident? I trust officials are looking into these and other issues in order to determine precisely what occurred here and why.

Liability Issues

If it is determined that the driver was at fault, then, he or she can be held liable for the victim's wrongful death. In cases where negligence or wrongdoing is involved, families of deceased victims can seek compensation for damages such as medical and funeral costs, lost future income and loss of love and companionship. Victims' families would be well advised to contact an experienced Newport Beach personal injury lawyer who will stay abreast of the official investigation and ensure that their legal rights and best interests are protected.