Personal Injury 360

Many Cities, Schools Embracing “Look Up, Look Out” Campaigns

With distracted driving more prominent than ever before, communities are doing what they can to keep their neighborhood safe. Especially with schools in session and students commuting to and from class, many educational institutions prioritize the safety of young minds.

That is why schools all over the country are embracing the “Look Up, Look Out” campaign.

This initiative aims to raise awareness of distracted driving and encourage responsible navigation on and around campuses.

What Is The “Look Up, Look Out” Campaign?

With over 6,200 pedestrian fatalities from traffic-related incidents in 2018, distracted driving continues to threaten our community members’ safety and well-being. Schools are doing everything they can to educate families about safe driving practices, especially as more students walk to and from school. Despite clear crosswalks and traffic signals that aim to protect the safety of both pedestrians and bicyclists, parents and their children are still at risk when navigating on foot.

The “Look Up, Look Out” campaign serves as a reminder for both drivers and pedestrians to put safety above all else. It aspires to bring further attention to the hazard of distracted driving and offer tools for pedestrians to remain safe during high-traffic times of the day.

This campaign hopes to reach both the drivers behind the wheel and reinforce to pedestrians the importance of staying alert while crossing the street. Although smartphones can be a helpful tool for navigation, they pull attention away from where it needs to be: the road.

How Can I Protect Myself As A Pedestrian?

There are several ways to ensure your safety while navigating as a pedestrian:

Follow the rules of the road

Just because you are a pedestrian and have the legal right-of-way does not mean that you do not have to adhere to certain expectations of responsibility. Use crosswalks where they are accessible and wait for the walk signal to indicate when it is safest to cross.

Use sidewalks when possible

Sidewalks are the safest place for pedestrians as there is often a greater distance between you and any moving vehicles. If sidewalks are not available, it is safest to walk as far from the road as possible in the opposite direction as traffic. That is, make sure you can see that the driver coming towards you recognizes your presence.

Limit distractions

Even though you may not be behind the wheel, it can be dangerous to navigate while distracted. Without your eyes on the sidewalk or road, it is possible to veer into traffic, step into a pothole, or fail to recognize an oncoming distracted driver.

It is best to limit any distractions, even as a pedestrian, and keep your eyes on the road at all times. Additionally, do not navigate while under the influence or otherwise intoxicated as it may impair your depth-perception and abilities to react swiftly.

Assume drivers cannot see you

Rather than anticipate that all drivers will give you the right-of-way, it is best to assume that you are not visible from behind the wheel. If a crosswalk or an otherwise accessible intersection is not available to cross a major road, be sure to leave enough of a gap in between vehicles to make it across safely.

Additionally, try to prioritize places of crossing that have better lighting and the most strategic view of traffic. It is also a good idea to wear reflective or otherwise noticeable clothing, especially at night.

It is critical that you talk with your family about how to stay safe on the road as a pedestrian and reiterate that safety is the responsibility of both drivers and local foot traffic.

What If I Am Injured As A Pedestrian?

If you or someone you know is injured in a traffic accident, contact a personal injury lawyer to determine whether you may be entitled to compensation, including medical assistance. Work with the police to file a report detailing the incident’s critical elements, including notating any apparent distractions. Seek medical attention for any injuries, and consult with your personal injury lawyer to address any concerns regarding further legal action.

Teen Driving Laws in California: What Every Teen Driver & Parent Should Know

Almost uniformly, teens look forward to getting a driver’s license. For them, it is a step toward greater freedom and independence.

For their parents, it is a time of worry and concern.

This is a time when teens also explore alcohol and drug use.

When alcohol or drugs are mixed with driving, the result can be deadly. Therefore, California regulates teen driving.

Here is what every teen driver and parent should know about teen driving laws in California.

California Teen Driving Permits and Licensing

Like many other states, California uses a Graduated Licensing Program to introduce teens to driving safely. This graduated approach allows a permitting process and training to begin before a teen driver may be licensed. To get a permit to drive a teen must be at least 15 ½ years old.

A teen may apply for a permit to drive once they have completed an approved driver’s education program that teaches traffic laws, road safety, driver responsibilities, and avoiding accidents. The programs must have either 30 hours or 2 1/2 semesters of classroom instruction conducted by a professional.

Alternatively, a teen may complete this training with an approved internet training program. Once a teen gets a permit, he or she must have 50 hours of driving education behind the wheel of a car within 6 months of obtaining the permit. Once that is completed, a teen may take their driving test at age 16.

Restrictions on a Teen License in California

A teen’s driver’s license is restricted for the first year. The license is provisional. Teens are prohibited from driving from 11:00 P.M. to 5:00 A.M. This is when the risk of accidents, especially those involving drugs or alcohol, are highest. When a teen driver has a passenger who isn’t yet 20 years old, there are additional restrictions.

The teen driver must also be transporting a:

Certified driving instructor
Parent or guardian (with a valid California license), or
Licensed driver who is at least 25 years of age.

Once a teen turns 18, the restrictions can be removed.

Exceptions to Teen Driving Restrictions in California

There are several exceptions to these restrictions. In order to qualify for a restriction, a teen must be driving for an accepted reason and have written permission to do so. There are exceptions for:

Medical necessity: Requires a doctor’s note.
School: The note must be signed by the school principal or dean.
Employment: The teen must have a note from the employer.
Family member necessity: Note must be signed by parent.

Emancipated minors are treated somewhat differently. An emancipated teen must provide the DMV with emancipation court orders and must provide proof of insurance.

Penalties for Violating Teen Driving Restrictions in California

The DMV tracks a teen’s driving record and provisional license. Using its point system, the DMV assigns point values for accidents, traffic tickets, and arrests. Consequences for violations are as follows:

A traffic ticket and failure to appear in court results in loss of a teen’s driving privilege until they appear in court.
One collision in which the teen is at fault, or a conviction of a traffic law violation within 12 months will result in a DMV warning letter.
If the teen has two collisions in which they are at fault or two traffic convictions within 12 months, results in a loss of a teen’s driving privilege for 30 days. In that case, the teen may only drive if accompanied by a licensed parent or other licensed adult over the age of 25.
Three such collisions or traffic law violations within 12 months results in a suspended license for 6 months and one year of probation.
Four or more such collisions or traffic law violations while on probation results in further suspension.
An alcohol or a controlled substance use conviction between the ages of 13 and 21 years results in a suspended driver’s license for 1 year or a delay in a teen’s eligibility to apply for a driver’s license.

Both parents and teens need to be aware of these consequences. It is best to understand the law before a teen begins driving. Courts and the DMV are strict in applying consequences.

Teen Drivers and Cell Phones in California

Teens are glued to their cell phones.

In California, it is against the law for a teen to use a cell phone or any other electronic wireless device while driving.

That means that a teen may not answer a call or a text and may not initiate a call or text while driving unless there is an emergency.

Knowing your rights and responsibilities behind the wheel is important at every stage of your driving life. Setting a successful path helps. If your teen does get arrested driving under the influence, you need a criminal lawyer. Knowing the law always helps.

E-Scooter Companies Lobby to Modify New California Bill Before Senate Vote

In the wake of a recent study on e-scooter injuries conducted by the American Medical Association, California is taking action.

The study looked at the types of injuries sustained by e-scooter riders as presenting to emergency rooms in L.A. County. It also looked at the use or lack of helmets used by riders.

E-scooters such as those provided by companies like Lime and Bird made their way to Santa Monica, California in 2017. These scooters are popular. They are fun, easy to use, cost little to rent, and are a ready tool for micro-mobility. And their popularity is growing.

E-scooters are placed around a city or on college campuses and can be located and unlocked through an app on a smartphone. Once the rider pays the fee and agrees to the company’s user agreement, they are free to go.

The scooters can go up to 16 mph. The rider stands on the scooter which has handlebars approximately waist high. When the rider is through. The rider ends the use on the app and leaves the scooter at their destination to be located later either by another rider or by a company employee at the end of the day.

The study looked at injuries arising out of scooter use that were severe enough to trigger an emergency room visit over the course of one year. The study recorded 249 scooter injuries over that time. Most of the injuries occurred as a result of a fall (80.2%), collision with an object (11.0%), or being hit by a moving vehicle or object (8.8%). Of the 249 injuries, only 10 riders wore helmets.

The most common injuries were fractures (31.7%), head injuries (40.2%), and soft-tissue injuries (27.7%). Many of the fractures required surgery and hardware to secure the bones. Head injuries include serious head traumas. Several of the injured riders were under the age of 18.

Original California Bill

As a result of rising injuries, California legislators drafted AB 1286 in 2018. The bill as originally drafted was a two-prong attempt to protect the public. The first prong was a requirement that all e-scooter companies obtain permits from the cities or counties in which they operate. Along with the permit requirement, the bill required that e-scooter companies purchase general liability insurance which would provide no less than $1,000,000 of coverage per occurrence.

The second prong of the bill would have required e-scooter companies to change their user agreements. These companies currently have user agreements that contain liability waivers and cap damages at $100 In some instances. The bill, as originally drafted in 2019, contained language that would prohibit any language in the user agreement which would waive, release, or in any way limit a rider’s legal rights, remedies, or forum under the agreement. This prong of the legislation has come under heavy attack by the e-scooter industry.

E-Scooter Objections

E-scooter companies have depended on these waivers and damages caps to manage their exposure to liability. Because California generally upholds these waivers, it has been difficult for injured parties to sue these companies. Cases have been brought alleging product defects, but the waivers make negligence difficult to prove.

Forbidding these waivers, releases and caps, would open these e-scooter companies to a much greater risk of liability exposure. The industry as a whole made it clear to the California legislature that it felt the imposition of the removal of waivers and damages caps was an unfair burden upon them and would make it difficult if not impossible for them to operate their businesses. They argued further that waivers and damages caps are standard contractual clauses designed to protect companies from liability for accidents caused through no fault of their own. They requested that this section of the bill be removed.

The California legislature, afraid that the e-scooter industry would pull out of California If the bill kept the restriction, has removed it from the final bill’s language.

In its version of August 25, 2020, the bill requires that e-scooter companies obtain permits, obtain sufficient liability coverage, and requires local jurisdictions to adopt operation, parking, and maintenance rules. The changes must be put in place by 2021. The bill has now been passed to the governor for signature.

Implications for Injured Parties

The original language restricting the rights of e-scooter companies to use waivers, releases and restrictions on damages would have made it much easier for injured parties to sue to get compensation for their injuries. The legislation as it stands now will continue to make it difficult for plaintiffs. This is troubling particularly in light of the seriousness of many of the injuries sustained by riders.

It is also not clear whether these contractual limitations will curtail a rider’s ability to collect compensation from insurance companies which cover e-scooters. If so, the legislation would seem to have been a pointless exercise.

These cases will likely continue to be difficult, but not impossible to litigate. Cases based on product defects and negligent maintenance continue to be brought against e-scooter companies. When these injuries occur, it is important to consult with a personal injury attorney.