My law firm recently complied a list of frequently asked questions on car accidents. While this isn’t a complete and comprehensive list, I think some will find it very informative and useful.
As always, this information is not intended to be legal advice or to be a substitute for an attorneys work. Every case is different, please speak with an attorney about your particular case.
Most of us are extremely happy about California’s new cell phone laws that the legislature passed last year. There is nothing more frustrating than being behind a driver who is completely oblivious to his/her surroundings only to find out they are holding a cell phone up to their ear. Various studies show how talking on a cell phone while driving can be just as harmful as being under the influence while driving. One study by the National Highway Traffic Safety Administration showed that 25 percent of all car accidents are caused by the distracted driver using their cell phone.
Starting on July 1, 2008, two new laws go into effect which relate to the use of cell phones while driving. The first one, Vehicle Code Section 23123 prohibits all drivers from using handheld wireless phones while driving, unless using a hand-free device (ear piece or Bluetooth speaker phone). The second law, Vehicle Code Section 23124 prohibits all drivers under the age of 18 from using any handheld wireless device even if it is used with a hands-free component such as an ear piece or Bluetooth speaker phone.
The law allows for calls to be made in cases of emergencies when required to call the police, medical, fire department or other emergency services. Dialing your phone (which in my opinion is just as distracting as talking) is still allowed. The other interesting thing about this law is that text messages (which in my opinion are even more distracting) are still allowed to be made so long as you are above the age of 18.
This month has been named National Safety Month by the National Safety Council, an organization in which I happen to be a member of. My firm has been committed to helping promote the various safety issues that effect our community and looks forward to participating in this months events. Each week in June has been designated for a particular topic:
June 2 – 6: Emergency Preparedness; June 9 – 13: Distracted Driving; June 16 – 20: Poison Prevention; June 23 – 27: Slip and Fall Prevention.
UPDATE: National Safety Month News Article
Last month, I posted about a Walmart employee who was involved in a serious accident with a truck that caused her various permanent brain injuries. Walmart had filed a lawsuit to collect their medical expenses after the successful trial of the woman’s case.
Earlier this month, Walmart decided to drop its lawsuit for subrogation rights of this claim. Walmart was criticized by many organizations and lawmakers who were in disbelief that the corporate giant would take such a position. Wal-Mart’s top executive for human resources, Pat Curran, wrote that Shank’s extraordinary situation had made the company re-examine its stance. Good idea.
