Bicyclist Killed in Hit and Run Accident by Driver Using a Cellphone

A 40-year old bicyclist and father of five children was recently killed in a hit and run accident by a distracted driver.

The bicyclist, Ovidio Morales was reportedly struck by a silver or gray 1990s Ford passenger van near South Dwight Avenue and West Compton Boulevard. Witnesses claim that the driver ran a red light while talking on his cellphone.

When the driver allegedly struck Morales, he backed up, checked on the fallen bicyclist before speeding away from the scene. The accident was also caught on a surveillance video.

Compton firefighters tried to save Morales but he died from his car crash injuries.

According to the National Highway Traffic Safety Administration (NHTSA) in 2009, distracted driving resulted to nearly 6,000 fatalities and 515,000 injuries. One out of 20 motor vehicle crashes were linked to cell phone use.

Studies have also shown that distracted driving is dangerous and should not be taken likely, drivers who talk on cell phones are four times more likely to crash while drivers who text are 23 times more likely to crash.

But unfortunately, these distracted drivers are just as much as a danger to the public as they are to themselves. However, despite the presence of state laws that ban the use of cell phones while operating a vehicle, a lot of drivers continue to text or talk on the cellphone while driving.

Naturally, the result of blatant disregard of laws against texting and talking while driving has resulted to numerous crashes some of which ended in fatalities.

Had the hit and run driver who killed Morales followed the law, the father of 5 will likely still be alive today.

If the driver is found and arrested, aside from facing criminal charges, the family of the deceased may also file a case of wrongful death against him.

A wrongful death claim arises from damages incurred by the victim’s decedents after the victim is killed because of negligence or other acts or omissions committed by the defendant.

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Bicyclist Killed in Hit and Run Accident by Driver Using a Cellphone

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CA Passes 2 Laws on Ignition Interlock Device

Motor vehicle crashes involving drunk drivers had claimed a total of 11,773 lives last 2008. Many of these drunk drivers are repeat offenders or have been previously convicted of drunk driving.

Convicted drunken drivers, around 50 to 75 percent of them still continue to drink and drive despite having their licenses suspended. They make up for 1/3 of the drunk driving problem in the US.

Recently, the State of California, through Governor Arnold Schwarzenegger, has signed two new laws which strike directly at the issue of curbing drunk driving: ignition interlock device.

The first law, Assembly Bill 91, creates a pilot project where the installation of ignition interlock devices is required for individuals convicted of DUI in the counties of Alameda, Los Angeles, Tulare and Sacramento.

The second law, which was authored by Sen. Bob Huff, allows repeat DUI offenders to apply for restricted licenses if they install such devices.

Ignition interlock devices can prevent inebriated persons from driving their cars – the driver would have to driver would have to blow into it in order before the ignition starts. The car will not start if the driver has a blood alcohol level over the legal limit.

Studies have shown that ignition interlocks can decrease repeat offenses by 64%.
California is now one of the 12 states with ignition interlock programs such as Alaska, Arizona, Arkansas, Colorado, Hawaii, Illinois, Louisiana, Nebraska, New Mexico, Utah and Washington.

This is great news for a lot of Los Angeles residents, drunk drivers cannot be road hazards if they can’t get their cars to start in the first place.

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CA Passes 2 Laws on Ignition Interlock Device

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Nissan Murano SUVs Recalled For Crash Potential

Recently, Nissan and the National Highway Traffic Safety Administration posted a notice about recalling 362,891 Murano SUVs from model year 2003 to 2007 due to a potential problem with their air-duct intakes that can lead to a crash.

According to the report, “The intake air ducts, which are connected to the intermediate resonator in the air intake system of the engine, may separate from the resonator with engine movement. This separation occurs due to the premature aging of the material used in the intake air ducts which causes excessive shrinking.” This would cause the engine to stall and increase the chances of a car crash accident.

Motor vehicle crashes are a leading cause of unintended deaths in the United States. While auto accidents do happen because of driver error or negligence, auto manufacturers are equally responsible for ensuring vehicle and car occupant safety.

It’s a relief that car manufacturers like Nissan really exert a lot of effort to protect consumers against possible product liability. A single defective car part can have an immense effect, not just on the life of its consumer but of the public as well. A Murano SUV stalling could be the root of a multiple vehicle car crash on the freeway.

Nissan has advised owners to wait until they receive notice before bringing in their vehicles since recall information may not be updated at dealerships. Letters regarding the recall will be sent to owners starting the first week of July. The Nissan recall hot line is 800-647-7261.

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Nissan Murano SUVs Recalled For Crash Potential

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What if no one can be charged in a Motor Vehicle Crash?

A friend of mine once asked me, “If I became a victim of a vehicle crash, would you handle my claim?” Teasing him, I replied, “Of course, if the price is right!”

Kidding aside, more than the money I would gain from winning my clients’ cases, I am more concerned on how these people would rebuild their lives without obtaining justice and sufficient recoveries. This idea always urges me to exert all my efforts in every lawsuit that I handle in order to ensure positive results and rightful compensation for my clients.

In California, where I practice my profession, Motor vehicle crashes are just of common occurrence. These incidents do not necessarily mean that it involves two or more moving vehicles. Just like what had happened last Monday, July 08, where another person died in an accident along 210 Freeway, wherein the victim’s car suddenly wedged under a truck.

I am still unfamiliar about the facts of the incident. However, as I view it, the family of victim may have a hard time in recovering damages especially if the departed was not insured and the driver of the semi-trailer had parked properly, situating an early warning sign along the freeway.

Like in any other vehicular accident claims, the victims must be able to prove that there are other parties at fault in the incident. Further, they must establish that the defendant’s negligence or careless action has been the proximate cause of their injuries.

Yet, I suggest that the family of the Freeway motor vehicle crash victim consult a legal professional to have a thorough evaluation of their case. Somehow, an experienced lawyer can help them find other ways to obtain recoveries. I just hope that the death of the victim would be given justice.

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What if no one can be charged in a Motor Vehicle Crash?

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