Recent Blog Posts
The Takata Airbag Recall Issue Continues
The Takata airbag issue has been going on for more than a decade. At issue are the airbag inflators that contain ammonium nitrate propellant. Although evidence has shown that the company knew of the dangerous issues associated with their airbags as early as 2000, the first recall did not occur until November 2008, when Honda recalled 4,000 vehicles because of reports they received of airbags erupting. In May 2009, a Honda driver was killed when his airbag erupted, prompting the automaker to recall more than half a million vehicles just days later.
Since then, 67 million airbags from more than 42 million vehicles have been recalled because of defective Takata airbags. Since that first recall, more than 25 victims have been killed and more than 400 injured because of exploding airbags. The recalls have been done in waves - every couple of years, more vehicles are recalled.
Earlier this month, the National Highway Traffic Safety Administration (NHTSA) announced they are opening an investigation into an additional 30 million vehicles manufactured by almost two dozen automakers that potentially have defective Takata airbag inflators.
Does California Have a Dram Shop Law for Drunk Driving Accident Victims?
Under California law, when a person is injured in a car accident caused by a drunk driver, that driver is legally liable for any losses the victim suffers because of those injuries. These losses can include medical expenses, lost wages if the victim was unable to work while they recovered, pain and suffering, emotional anguish, and more. Tennessee’s “dram shop” law also provides another avenue of financial justice for victims of drunk driving accidents: the right to sue the source of where the drunk driver obtained the alcohol that caused their intoxication.
California’s Dram Shop Law
The majority of states in the U.S. have passed some form of dram shop law. The word “dram” originated in the 18th century by the British and referred to a measurement of a three-quarter teaspoon of alcohol.
Under most dram shop laws, any vendor that sells alcohol falls under the dram shop law. This includes restaurants and bars, but can also include liquor stores, grocery stores, convenience stores, and gas stations. A drunk driving accident victim can bring a dram shop claim against a vendor if they can show that the vendor sold alcohol to a person who was “visibly intoxicated,” and the driver’s alcohol consumption was a direct cause of the accident that caused the injury.
Who Is Liable for Injuries Caused in a Truck Crash?
The trucking industry has faced driver shortages for years, but recently, this demand has become an even more pressing matter. The COVID-19 pandemic and the surge in demand for delivery have left many trucking companies scrambling to meet consumer demands. When truck drivers are under pressure to deliver goods faster, they can sometimes make mistakes behind the wheel that lead to truck collisions. Whether due to unsecured truck cargo, speeding, fatigued driving, or other reasons, truck crashes often have devastating consequences. If you or a loved one were injured in a truck crash, a truck accident lawyer can help you determine who may be liable for your medical bills and other damages.
Determining Legal Responsibility for a Truck Accident
Identifying who is at fault in a truck accident can be complex. In many truck crashes, multiple factors contribute to the collision. The actions of the truck driver and the other drivers on the road, the weather road conditions, issues with the truck itself, and many other factors can all result in a serious truck accident. Understanding how and why a truck crash occurred is the first step in determining liability.
How Distracted Driving Can Lead to Car Accidents and Injuries
There are many forms of negligence by drivers that can cause car accidents. Among these, distracted driving is one of the most common. Even though there are laws prohibiting drivers from using electronic devices or engaging in other activities that distract them from the act of driving, many people disregard these laws out of the belief that they can drive safely while multitasking. Drivers in California will want to understand the specific laws that address distracted driving. Those who have been injured in a motor vehicle collision will need to work with an attorney to determine how they can hold a negligent driver responsible for their damages.
California Laws Regarding Electronic Devices
Drivers in California are prohibited from using handheld cell phones or other electronic devices while they are in control of a vehicle. However, drivers are allowed to use a device in hands-free mode, including having phone conversations through their car’s speakers or Bluetooth devices or using voice-activated commands. Drivers who are under the age of 18 are prohibited from using electronic devices in any way while behind the wheel.