Eugene Bruno & Associates
Hands-Free Texting Legal While Driving for 2013
It’s still unlawful to pull out your smartphone and start texting, but hands free texting (such as using Apple’s Siri) is now legal in California for 2013. You can still be ticketed if you are operating your smartphone while it is in your hand.
Pedestrian Safety Statistics
Not surprisingly, vehicle versus pedestrian accidents result in a greater number of injuries (81% versus 30% in vehicle versus vehicle accidents) and a greater likelihood of death (14% versus 0.6% in vehicle versus vehicle accidents). Pedestrians are 2.7 times more likely to be injured and approximately 23 times more likely to be killed.
Motorcycle vs. Vehicle: Left-Turn Accidents
Many of the motorcycle accident cases I have handled over the years involved a driver who failed to notice (or failed to yield to) a motorcyclist when making a left turn. Those who drive cars look out for other cars on the road. As a result, they frequently fail to notice motorcycles. Also, many drivers are unfamiliar with how motorcycles operate. This can cause a driver to misjudge a motorcyclist’s speed and distance. As a result, they may turn directly in front of a motorcyclist because they think they have sufficient time to complete their turn. As a motorcycle rider, I know how dangerous this situation can be and how frustrating it can be to get drivers to notice you and to yield to you when you have the right of way.
California Motorcycle Riders: Lane Splitting
Lane splitting (or lane sharing — depending on your perspective) is one of the most controversial motorcycle rider behaviors in California.
What If the Victim Dies Before Bringing a Lawsuit?
When a person dies as a result of a car accident in San Diego, two types of claims can be brought. The person’s family members may bring a wrongful death lawsuit to seek a recovery for the damages that they have suffered, including the loss of love and companionship of their loved one and loss of that person’s income too.
Low Speed Impacts
Have you been told by the claims adjuster there wasn’t enough damage to the vehicles to have caused an injury? Its a tactic meant to intimidate you from seeing a doctor. Just because the damage to the cars doesn’t look bad, does not mean you can’t be injured.
Dangerous by Design
“Dangerous by Design” is a Dec 2011 report by t4america.org, a group that lobbies for safer roads for pedestrians, bicyclists, public transportation users, and motorists alike. The report lists the most dangerous cities in America for pedestrians. “From 2000 through 2009, more than 47,700 pedestrians were killed in the US, the equivalent of a jumbo jet full of passengers crashing roughly every month. On top of that, 688,000 pedestrians were injured, a number equivalent to a pedestrian being struck by a car or truck every 7 minutes.”
Replacing Child Safety Seats After an Accident
Insurance companies frequently refuse to replace child safety seats after an accident. Typically, they will tell you the seat does not appear to be damaged or they are only obligated to replace the seat if the child was in the vehicle at the time.
Do You Need a Police Report to Prove Fault in a Traffic Accident?
Determining who is at fault for a traffic accident is generally a matter of identifying who was careless, or negligent, in a particular situation. In some traffic accidents, it is easy to tell which party acted negligently and is, therefore, at fault. In other cases, determining who is at fault will require a more in depth analysis of the facts and circumstances of the accident. In those cases requiring more in depth analysis, you will make a stronger argument if your can support your case with evidence.
Do I Need a Police Report?
The answer depends on the facts and circumstances of the particular accident. However, for most minor accidents, you may not need a police report. For example, if no one is injured, the damage is minor, and all drivers are insured, then a police report is probably unnecessary. In those cases, a simple exchange of information should be sufficient.
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