News reports make it appear that all cases of distracted driving are related to cell phones and texting. This is simply not the case according to the National Safety Council. Since cell phone usage accounts for just over 50% of driving distractions it is worth looking at the "rest of the story."
A just released study shows that California leads the nation in pedestrian deaths with an increase of 11% in the past 6 months. The study went on to reveal the shocking fact that almost 2 pedestrians per day die in the Golden State. The most disturbing aspect is the cause is known and the deaths preventable.
Recently a child in Southern California was injured by a piece of debris after a drone collided with a tree. That piece of debris hit the child as she was in a stroller. In another incident a small child in the United Kingdom was rendered partially blind by a drone that was being flown by a family friend and the friend lost control.
Passengers often feel like the odd person out after a car accident. Since they weren't the driver the odds are, with rare exception, they aren't going to be at fault. Since they are a passenger they often feel like there is no place to turn to recover financially from their injuries. We have often been told they don't want to pursue the driver if they were at fault and if the other driver was at fault the complexity of going after them as a passenger is overwhelming.
A recent report from the National Highway Traffic Safety Administration reveals fatal traffic accidents increased at the alarming rate of over 8% in the first 9 months of last year. Another aspect of this report is the reality that most of these aren't accidents and instead should be defined as automobile crashes due to the reality of an accident being outside of someone's control.
Not long ago we published a blog about people taking "selfies" while driving and the problems it created. Doing something other than driving is something Henry Ford never considered and it seems many are focused on doing everything except driving in a defensive manner as we were taught in driver's education. As a result of all of the distractions drivers are faced with, new laws have been created.
Many of us are aware that 36 people died in Oakland in a warehouse fire. The fire happened in a building nicknamed the "Ghost Ship". Our sympathy and prayers are extended to both the victims and families of those that perished in the fire.
Jet Blue is something called in the law a "Common Carrier" and that simply means it's an entity whose business involves transporting people or goods from one place to another for a fee. In California even amusement parks are considered to be Common Carriers as are trains, busses, taxis, Uber and Lyft. Common Carriers are held to the highest standard of care because they are transporting passengers for money and need to be extra careful and they may be held liable for damages if a plaintiff can prove negligence.
Common Carriers offer their services to the public under the authority of a regulatory body, which sets standards for safety and other passenger concerns. Commercial airlines like Jet Blue for example are expected to adhere to regulations set forth by the Federal Aviation Administration (FAA). Common Carriers are required to exercise the highest degree of care and diligence in the safety of their passengers and/or cargo. Their failure to warn passengers about potentially dangerous conditions expose carriers to legal action. For example, an airline like Jet Blue may be held liable for a passenger's injuries if the pilot failed to turn on the fasten seatbelt sign after noticing and flying into an area known to have heavy turbulence.
Liability for failure to warn comes down to the question of whether a reasonably careful operator would have known or should have known about the dangerous condition. Therefore, Jet Blue is being sued for injuries as a result of severe turbulence and for failing to exercise the care and diligence expected of a reasonably careful operator.
In this particular instance 24 people were transported to the hospital after the Jet Blue flight from Boston To Sacramento was forced to divert and perform an emergency landing to tend to the injured aboard. The facts support that the pilots flew into severe turbulence even after the FAA warned of such turbulence and a CNN Weather anchor revealed that the sort of turbulence the Jet Blue pilots were flying into could have been seen on both Radar and visually from the cock pit.
We help with serious issues that require serious representation. We are the Law Offices of Guenard & Bozarth. We have over 80 years of experience practicing law on our legal team. Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com We Can Help!
Hitting the gas when you mean to hit the brake happens to just about every driver at one time or another. It may happen due to distraction or just because you weren't paying complete attention to what you were doing. The reality is this lapse could be enough to result in a serious car accident. Review what we've written about these accidents and ways to prevent them.
The reality is we all know better and continue to do it anyway. The use of social media along with texting while driving continues to rise. It appears that nothing short of serious injury or death will slow down the use of these applications.