Eugene Bruno & Associates
Court Rules Drivers Can Use Map App on Phone While Driving
While stopped in heavy traffic, Steven Spriggs pulled out his smartphone to check a map application to find an alternate route around the congestion. A CHP officer spotted him holding his phone and cited him for violating CA Vehicle Code Section 23123, which prohibits drivers from “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.” Spriggs fought the ticket on the grounds that he was not talking on his phone, but only looking at a map. It would not have been illegal for Spriggs to look at a paper map while driving. After losing at the trial level, he appealed and the appeals court reversed his conviction, stating:
Delay Tactics by Insurance Company Sparks Outrage
Fred Dickey’s 2/24/2014 column in the San Diego Union Tribune is a must read for all. The column is about an 83-year-old woman who was severely injured in a car accident caused by a 17-year-old driver. The 17-year-old personally apologized to the woman for causing the accident so there is no dispute about who was responsible. At the scene, the woman had to be cut out of her car and life flighted to the hospital. She spent 5 months in the hospital and her hospital bills were more than $800,000. She still has pain from her injuries but, worse yet, she is no longer be able to live on her own and she has been forced to rely on relatives for her care.
Public Transportation Accidents in San Diego and the U.S.
According to the U. S. Department of Transportation (DOT), the year 2011 saw approximately 5,338,000 highway crashes across the country. These crashes involved passenger cars, motorcycles, heavy trucks, light trucks, motorcycles, and buses. Another 9,819 transportation accidents involved railroads such as Amtrak and other commuter trains. More than 7,000 organizations in the U. S. provide some type of public transportation. These organizations range from mass transit companies to single-vehicle service providers.
Uninsured and Underinsured Motorist Claims
In California, all drivers are required to carry auto insurance regardless of whether they drive a high-end new car or one that is old and not in the best shape. Unfortunately, many drivers do not carry insurance either because they cannot afford it, have allowed it to lapse, have a driving record which prevents them from obtaining it, or fail to understand its importance. Insurance industry studies concerning auto coverage have shown that as many as one out of four drivers drive without any form of insurance or have too little coverage to handle the consequences should they be involved in a major accident. This can create a difficult situation for those who are injured by these uninsured or underinsured drivers.
New UCSD Study: “Buzzed Driving” as Dangerous as Drunk Driving
You may have seen the TV ads that state “buzzed driving is drunk driving.” Now, NBC 7 San Diego reports that a new study on traffic accidents by UCSD shows even “minimally buzzed” drivers – those with a very low 0.01% blood-alcohol level – often cause fatal car accidents.
Mother Gets Prison for Fatal DUI Crash
A 23-year-old mother whose drunk driving led to the deaths of two children was recently sentenced to 8 years in prison. The Chula Vista woman drove her minivan with a 0.13 percent blood alcohol concentration (BAC) last August 5 when she lost control of the vehicle. The minivan fell down an embankment, flipped, and landed on its roof in Otay Reservoir. The vehicle then sank.
New California Driving Rules Go Into Effect Jan. 1, 2014
AB 1371, known as the Three Feet for Safety Act, a driver passing a bicycle that is traveling in the same direction must maintain at least 3 feet of distance between any part of the vehicle and any part of the bicycle or rider. When 3 feet is not possible, the motor vehicles are required to slow to a “reasonable and prudent speed” and pass only if there’s no danger to the bicyclist. Violations can result in a fine, regardless of whether a collision or injury to the bicyclist results. This law takes effect Sept. 16, 2014.
San Diego Approves Bicycle Plan
On December 9, 2013, the San Diego City Council unanimously approved the San Diego Bicycle Master Plan Update, which will add 595 miles of bikeways designed to connect the city, to create bike corridors to encourage biking to work or school, and to make biking a more mainstream mode of transportation.
Woman Dies in 7-Car Accident in Tarzana
A 64-year-old female driver of a Saturn Ion died instantly in a chain reaction traffic accident allegedly caused by a drunk driver recently in Tarzana, California. The woman’s car folded in on itself from a rear impact leaving it in an unrecognizable state. The crash involved seven cars and was started by a 33-year-old male driver who then went into a local convenience store and bought a six-pack of beer.
Affluenza is Not a Real Thing
Ethan Couch, age 16, grew up wealthy and privileged. His parents never set rules and boundaries for him. As a result, he allegedly stole some beer from Walmart, got drunk, and then drove a car. He killed 4 people as a result of driving DUI. But for a made up disease — called Affluenza — Ethan might have been sentenced to 25 years in prison. But because of this made up disease, he got probation. He may never see the inside of a jail cell for killing 4 people. And the families of the 4 that Ethan killed may never have peace of mind. Ethan’s lawyers somehow convinced a judge that his upbringing created such a sense of entitlement, lack of respect for rules, and a lack of remorse for his bad acts that it would be wrong for him to go to prison.
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