Archive for February, 2008

Charter Bus Accident Safety Law

Thursday, February 28th, 2008

On March 2nd, 2007, a charter bus carrying the Bluffton University baseball team through Atlanta, GA, crashed and toppled off an overpass, slamming into the highway wall killing six and injuring twenty-nine

One of the six who died was sophomore David Betts of Bryan, Ohio, who’s father John Betts has launched a campaign to promote the Motorcoach Safety Act of 2007″ (S. 2326).  The proposed bill would require seat belts on charter buses and passenger buses that travel from state to state. In addition, the proposed legislation also would require changes designed to prevent passengers from being thrown out windows and strengthen bus roofs. 

I certainly support this bill and hope to see it turned into law.  Charter bus accidents often result in serious injuries and in some instances can be fatal.  There is no doubt that we are in need of regulations and safety laws to protect those travelling through our states. 

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California Senate Bill 1167 – Motor Vehicle Repair Law

Wednesday, February 27th, 2008

There is an interesting bill up for voting here in California titled Senate Bill 1167, authored by State Senators Wiggins and Migden.  Current state law prohibits any insurance company to require an insured to have their cars or other vehicles repaired at a designated auto body shop after an accident.   

“This bill would provide that when a policyholder first reports vehicle damage to an insurer, the insurer shall determine if the policyholder has selected an auto repair facility prior to providing any information regarding a program or a facility that performs auto body repairs. If it is determined that the policyholder has selected a repair facility, the representative of the insurer shall cease, or not engage in, any discussions regarding a program or a facility that performs auto body repairs.”

The clever insurance lobby in California are claiming that the Bill is Anti-Consumer.  You decide.

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Motorcycle Helmet Law in California

Monday, February 25th, 2008

Today, I received over a dozen emails from friends around the country in regards to an article I published regarding motorcycle safety tips and precautions.  As always, the feedback has been very positive and I continue to look forward to the exchange of ideas, thoughts, discussion and debate on various topics that I continue to speak on.
 
In order to clarify, my article on motorcycle safety tips was intended not to be a comprehensive authority on the topic, but rather a quick and easy read on popular safety equipment used by bikers.  Obviously, wearing a helmet and all the safety gear in the world cannot prevent injury in a motorcycle accident, but instead, can “help” prevent injuries.  There is no question that to avoid suffering injuries from a motorcycle accident you must avoid the accident all together.   There simply is no substitution for proper training and experience. 
 
Most of the emails I received today focused on the use of motorcycle helmets in California and the way the Department of Transportation categorizes their requirements of motorcycle helmets.   
 
The use of a helmet can be one of the most single important pieces of safety equipment any rider of a motorcycle must wear. Not only does California law require the use of a helmet by any rider or passenger on a motorcycle, but studies have shown that the use of a helmet can dramatically reduce the risk of head, neck and fatal motorcycle accidents. The DMV notes that the use of a helmet reduces the risk of a head or neck injury by three times. When choosing a helmet, make sure that it is approved by the US Department of Transportation. Helmets that have been approved by the D.O.T are often considered safer and indicative of other features such as cutting down ambient wind noise, reducing fatigue from the wind, protecting your eyes from the wind all of which help you hear and see better.
 
As several friends so kindly noted, there is no such thing as a helmet that has been approved by the US Department of Transportation.  As set forth in the Federal Motor Vehicle Safety Standard (FMVSS) known as FMVSS 218 (49CFR571.218), the DOT has established manufacturing standards, which are to be used at the discretion of the manufacturers themselves. Helmets that do not meet the minimal DOT certification standards may not be sold as “motorcycle helmets.” It is at the manufacturer’s discretion to build the helmets according to those standards or not. 
 
Here are some interesting links:
http://www.boltofca.com/AtAGlance.html
http://www.sbumaui.org/helmet_law_facts.pdf

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Determining the Topic

Monday, February 25th, 2008

Over the next few weeks, this site will be going through major development to provide the latest news on legal topics focusing on consumer rights and serious personal injury law in California. 

To allow discussion on the various topics provided through this site, a commenting feature will be added for all registered users. 

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