We are so proud to see Monica Burneikis featured in the March 2023 issue of Plaintiff Magazine!

Plaintiff is a monthly magazine for plaintiffs' trial attorneys in Northern and Central California. 5,000+ copies are mailed to attorneys and law firms in the San Francisco Bay Area, the Central Coast, Fresno, the Central Valley, San Jose, Monterey, and Sacramento. Stephen Ellison's article gives insight into how Monica has made a name for herself in personal-injury law over the past two decades.

Read the article on Plaintiff Magazine's website here

Cover of Plaintiff Magazine March 2023

 

Teenagers rarely understand the serious risks and significant responsibility that comes with being a driver. Unfortunately, a teenager’s sense of invincibility makes it tough to keep teen drivers (aged 15 - 18) focused on safe driving.

The more we can do to educate teens, ensure they have earned the right to drive before handing them the keys, and keep them aware of safe driving tips, the safer our teens, and our communities, will be.

5 Tips For Safer Teen Drivers

As a personal injury lawyer, I am painfully aware of the following teen driving statistics:

The more adults emphasize the importance of safe driving habits with their teenagers, the safer the roads are for everyone, including our own teenage children.

Create a driving contract: Allow children to earn the right to drive 

It seems a majority of people believe that the minute a child turns 16, they should be handed the keys to the family car. Just because a teenager has turned 16, they should not be automatically entitled to get their driver’s license. Driving is a privilege - one that should only be granted to teenagers and young adults who have proven they are responsible, understand their role in keeping themselves and others safe, know and agree to abide by the rules of the road, and respect a parent or guardian's boundaries with respect to driving.

If your teen is not mature or responsible enough to drive, it is your duty as a parent to not let them behind the wheel. In fact, doing so could subject you to a negligent entrustment lawsuit.

It is important for you to have a conversation with your teen about what the household expectations are before they become licensed drivers. For example, do you know why insurance companies provide good student discounts? Because statistics show that students who are responsible about their school work tend to have lower accident rates. 

Common parent guidelines around driving may include things like:

Creating a family driving contract is a wonderful tool to help outline your expectations of your teen driver and communicate exactly what teens must achieve before getting their license. This contract should provide clear guidelines about what is allowed, what is not allowed, and what consequences will follow if the driving contract is violated.

Install a parenting app that governs driving

Several apps out there help parents monitor and track teenagers while they are on the road. Examples include Life360 and FamiSafe. These apps are helpful because they let you know where the car is, how fast it is traveling, and other key facts essential to ensuring your child is safe and adhering to the rules of the road (and the family driving contract). The apps also include safety features that detect accidents and call emergency contacts in the event of a crash.

Some car manufacturers also offer tracking/speed monitoring technology, which is worth looking into as this technology often cannot be overridden by sneaky teens and technology hacks.

Many teenagers outwardly rebel against vehicle/location tracking but secretly celebrate being subjected to this monitoring. When teenagers know their parents are keeping tabs, it is much easier to say “no” to peers who are putting pressure on them to do things they are not supposed to do.

Create rules, boundaries & consequences around essential rules

There should be hardline, non-negotiable rules that must be adhered to in order for your teen to access your, or their, car. This includes things like:

Outlining clear consequences for breaking these rules (and increasing the severity with repeat violations) gives you something solid to lean on so there is no room for argument when you need to confiscate the keys.

New road conditions? Hop into the passenger seat to offer safe driving tips

Sometimes parents forget that a teen who got their license in late spring or early summer does not have experience driving in winter weather conditions. For the first year your child has their license, be mindful of any driving conditions or experiences that are new to them. This is a good time to sit in the passenger seat and let them practice with supervision. The same holds true for night driving, longer driving trips, or busier-than-normal traffic conditions.

Having you there to supervise and provide calm, experienced recommendations will help keep your teen alert and more able to meet unpredictable scenarios when they are on their own.

Practice road safety tips for breakdowns

Talking about what to do during a breakdown or after an accident is one thing; physically going through the motions is another. We recommend teaching teens how to change their own tire and making sure they understand the vehicle’s safety features, where the first aid or emergency roadside kit lives in the car, and which roadside assistance company to contact in an emergency.

The Burneikis Law Team Knows Safe Driving Tips For Teens Saves Lives

Focusing on safe driving tips saves lives and minimizes the number of car accidents involving teen drivers. Do you have a teen driver who was recently involved in an accident? Contact us. We will do all we can to support you and your family through this process.

California’s legalization of marijuana (cannabis) seems to have impacted the rates of accidents and fatal crashes involving drivers under the influence of the drug. Victims of car accidents involving a driver who is high or under the influence of cannabis while driving need competent professional representation as they navigate the complexities involved in a DUI case.

Car Accident Statistics Increased After The Legalization Of Marijuana In California

California’s Office of Traffic Safety (OTS) maintains an updated page - including statistics - entitled Drug Impaired Driving: DUI Doesn’t Just Mean Booze. This is an excellent page to review, especially if you have teen or young adult drivers under your care.

Just because marijuana has been legalized does not mean it is safe to use marijuana and drive. Nor does it mean that those under the influence are immune from DUI laws. Those who are under the influence of any amount of marijuana should not operate a motor vehicle and should use a designated driver.

If a driver who has used marijuana is involved in an accident, even if they are not considered “at fault,” proof that they are under the influence of alcohol or drugs can still result in the imposition of harsh penalties. Here are some of the most recent statistics about marijuana-related car accidents and other data on drug-impaired driving and DUIs.

Why Does Being High Increase Car Accident Risk?

Many marijuana users feel that while they would never drive drunk, there is no risk of driving while under the influence of marijuana because it does not affect the brain in the same ways that as alcohol. This is in fact false. Current data establishes a direct correlation between the legalization of recreational cannabis and over-the-counter sales with both higher crash rates and higher incidences of crash-related fatalities.

Marijuana slows reaction times

While alcohol tends to lead to an increase in reckless driving behavior, both alcohol and marijuana slow down reaction times. Studies also show that being under the influence of marijuana - which compromises the area of the brain that controls coordination, movement and balance - also negatively impacts a person’s perception of time, speed and attentiveness to the road.

Being under the influence of marijuana may increase reckless behavior

While research shows that being high typically results in driving too slow, or in a driver being ultra-cautious - sometimes to a fault - there are exceptional situations when this is not the case, such as when cannabis is mixed with other substances like alcohol or other recreational drugs. In these situations, the combination of marijuana and alcohol or other drugs can cause a person to behave - and drive - recklessly.

Having larger amounts of cannabis in the bloodstream is linked to reckless driving behaviors such as:

The effects of THC are the greatest in the first 30 to 45 minutes after inhalation

The effects of marijuana on the brain are the most dramatic in the first 30 to 45 minutes after inhaling. If you ingest marijuana, these times are extended due to the body’s digestive processes. This discrepancy in reaction time is one of the reasons why it is more difficult to prove  that marijuana is the cause of an accident.

What To Do If You Suspect A Driver Is Under The Influence Of Marijuana

Contact the police and share your suspicions immediately after you are involved an accident and suspect - or know - the driver was under the influence of marijuana. Proving a person is under the influence of marijuana can be tricky because the drug remains in the system longer than other substances. As a result, someone that used marijuana at some point in the recent past may not be experiencing the effects of the drug at the time they were driving.

Further complicating matters is that there is no legal limit of blood alcohol concentration (“BAC”) for marijuana yet. For example, alcohol is processed by the body very quickly, so California has a legal blood alcohol concentration (BAC) limit of .08 for drivers 21 years old or more. Drivers under 21 are considered under the influence with a BAC of .01 or higher. Marijuana is different because it can last in the bloodstream for up to 90 days after use. Also, because chemical tests for THC are not sufficiently reliable, and because experts cannot agree on how much it takes to impair driving to a dangerous degree, California has not yet adopted a BAC level for driving with THC in your system. This makes it harder to prove that the person responsible for your accident was driving under the influence of marijuana when the accident occurred.

Requesting that drivers provide blood and urine samples may be essential to proving marijuana was a cause of your accident. With that said, you should always consult with a personal injury attorney to ensure your case is facilitated in a way that honors your best interests.

Burneikis Law Can Help If You've Been Involved In An Accident With a DUI Driver

Were you involved in an accident involving a driver under the influence of marijuana or another substance? Contact Burneikis Law and schedule a consultation. We will discuss your case and determine what steps you should take to move forward with the insurance companies or others to make sure your rights are protected and that the at-fault driver’s intoxication is not swept under the rug. Contact us to get started.

According to the CDC, motor vehicle accidents are the second-leading cause of traumatic brain injuries (“TBI”) in the United States. Car accidents are also the leading cause of TBI-related death. Unfortunately, for many victims and their families, the long-term consequences of a TBI are life-changing, regardless of whether the TBI is minor, moderate, or severe.

4 Common Long-Term Consequences Of Traumatic Brain Injuries

Traumatic brain injuries are one of the most common injuries from car accidents. The statistics tell us that:

While most TBIs fall into the mild to moderate category, many TBIs resulting after an accident fall into the moderate to severe category. Regardless of the severity of the TBI, victims of TBIs almost always endure long-term consequences affecting physical, mental, and emotional health. 

The four most common long-term consequences of traumatic brain injuries include the following:

Impaired physical movement and coordination

Many victims of traumatic brain injuries experience life-long impairment or deficits in both how they move and overall coordination. This ranges from full or partial paralysis to muscle stiffness, slow reactivity, balance and mobility issues, or loss of fine motor control and dexterity.

It is common for those with traumatic brain injuries to experience seizures, permanent or short-term vertigo, and dizzy spells, which puts them at risk for additional fall accidents leading to repeat or exacerbated TBI.

Additional challenges with physical disabilities

As a result of the physical challenges associated with TBIs, victims may also experience the following:

A lifetime of TBI-related physical challenges and disabilities devastates victims and their families.

Ongoing physical effects

In addition to altering or debilitating physical movement and coordination, moderate to severe brain injuries cause other physical effects. Many of these are invisible to the general public but take a severe toll on victims, families, and friends. 

Examples of other ongoing TBI-related physical effects are:

In some cases, especially those where no severe or obvious physical disability occurs, victims are not aware of these ongoing physical effects until further down the road. Then, as TBI victims begin to connect the dots, they realize their car accident and resulting TBI was the origin of many of their physical symptoms.

In most cases, TBI victims have two years after an accident to file a personal injury lawsuit. However, the sooner an injured person files his/her insurance claim, the better. Moving forward with the claim at the earliest possible opportunity ensures the availability of evidence and witnesses, and enables the victim to obtain appropriate medical care and the proper expert assessments necessary to understand the long-term damages associated with the injury.

Decline in mental and emotional health

It’s easy to understand why those with traumatic brain injuries with lasting consequences have higher rates of anxiety, depression, and emotional regulation issues. Their altered lives leave them feeling angry, sad, lonely, isolated, and out of control of their fate. 

Factors associated with declines in mental health after TBI

Other factors that affect the mental and emotional health of car accident victims with traumatic brain injury are:

More than half are partially or fully disabled

Physical effects impact mental health.

Also, some of the physical impacts of TBI contribute to physiological or biochemical issues, leading to:

A 2021 study, published in Science Direct concludes, “[m]ental health problems are increasingly recognized as important consequences of TBI that adversely affect quality of life and day-to-day functioning.”

Long-term financial instability after traumatic brain injuries

The lives of victims of traumatic brain injuries change in just a few seconds. These changes include the loss of a job, which cumulatively impacts the family, the availability of health insurance, the amount of retirement benefits, and future employability. 

One recent study reports that lifetime medical costs for a person with moderate to severe brain injury range from $80,000 to more than $3 million dollars, and that does not account for lost wages, retirement benefits, and costs associated with structural changes required to modify a home to accommodate physical disabilities. In most cases, a spouse or close family member becomes a victim’s primary caregiver, diminishing their lifetime meaning potential.

This is one of the reasons it is imperative to connect with a personal injury lawyer experienced in handling TBI cases immediately after any car accident involving traumatic brain injury. The attorneys at Burneikis Law handle the legal and financial side of pursuing a claim so our clients have the ability to focus on healing and adjusting to their new way of life. Burneikis Law works diligently to recoup both the immediate and the long-term losses resulting from traumatic brain injuries in order to ensure our clients and families are provided with financial stability well into the future.

Contact Burneikis Law For Assistance Navigating the Consequences Of TBI

The attorneys at Burneikis Law work day in and day out to protect the rights and financial stability of victims of TBI. Schedule a consultation and tell us your story. Regardless of whether you use our firm or not, we will be happy to walk you through some important next steps to safeguard your right to get the compensation you deserve.

New traffic and road laws, signed into effect by Gov. Newsom, took effect on January 1, 2023. While drivers should always exercise defensive driving techniques, these laws make it more important than ever to remain aware.

2023 California Traffic Laws Honor Cyclists & Pedestrians

We recommend visiting the DMV Highlights page for a complete description of 2023 traffic law changes. In the meantime, here is a general synopsis of seven new changes to pay attention to when using public roads and other travel ways. Understanding the ins-and-outs of these laws can help you avoid being the defendant in a personal injury lawsuit.

Jaywalking is no longer illegal

Informed drivers know that “pedestrians have the right of way.” That has been a standard rule in California for years. However, up until now, there was one exception - pedestrians jaywalking in the presence of a nearby crosswalk. This year, Californians witness the implementation of the “Freedom to Walk” act. In response to increased occurrences of car vs. pedestrian collisions, especially those resulting in traumatic injury or fatality, lawmakers now consider all pedestrians to have the right of way, regardless of whether they are crossing in a marked or unmarked pedestrian crosswalk. 

Unfortunately, the Bay Area has some of the largest fatal or near-fatal pedestrian accidents, particularly at busy intersections. Here are some tips to help you avoid being a defendant in a lawsuit arising out of a car vs. pedestrian accident:

Be on the lookout for pedestrians at all times

Always keep an eye out for pedestrians and drive as if a person could step into the roadway at any time, especially when driving in cities and near busy intersections.

Honor the speed limit

Drivers should always obey the speed limit to protect the safety of themselves and others. Travel speed certainly impacts the severity of injuries suffered if you strike a pedestrian in your car or on a motorcycle. If a reckless pedestrian steps into the roadway when your car is close enough to constitute an immediate hazard, the ability to prove you were in compliance with all traffic safety laws is one of your best defenses. Any sign or evidence that you were speeding, not using turn signals, not paying attention to a flashing crosswalk signal, etc., will put you at risk for harsher penalties.

Unsafe pedestrians are still held accountable (but the law is on their side)

Yes, a reckless pedestrian is still held accountable for their actions. Even though the new laws are highly favorable to pedestrians, a pedestrian can be cited for engaging in action that is deemed to create an immediate risk of collision. However, the responsibility of proof remains on the driver. You may still be found guilty if there are no witnesses or CCTV footage to prove your side of the story.

Use crosswalks whenever possible and always look both ways

If you are a pedestrian, always honor the rules of Pedestrian Safety 101. Even the law is now on the side of the pedestrian, it remains in your best interest to use crosswalks whenever possible and to look both ways. While you do have more rights as a personal injury lawsuit victim, risking getting hit by a vehicle is not worth the severe injury or fatality that could result. Remember, in the car vs. pedestrian challenge, the car almost always wins.

Drivers must give cyclists one lane of space when traveling the same direction

In 2023, a new law went into effect that requires drivers to move over to the left and leave a full lane of space between the driver and the cyclist(s) whenever possible when you are driving in the same direction. As with pedestrians, cyclists generally have the “right of way” in the eyes of the law due to their vulnerability.

If it is impossible to leave an entire lane of space, or safely yield a minimum of three feet between you and a cyclist, slow down and follow behind the cyclist until there is room to pass safely. If you live and work in an area where cycling is popular and oncoming traffic makes it difficult to pass safely, add additional travel time to accommodate cycling speeds as necessary.

California traffic laws pertaining to electric bikes are legal in bike lanes and trails

Several areas retained laws prohibiting electric bikes from using bike lanes, paths, and trails. The recent passing of SB 1909 makes it legal for Class 3 electric bikes to use these bike-specific travel ways.

Harsher penalties for street racing (and racing in off-street parking facilities)

There is already a statewide ban on street racing. Now, new laws impose harsher penalties for anyone who violates street racing restrictions, including participating in street racing or sideshows. AB2000 also makes racing illegal in off-street parking facilities. Among other things, if caught, drivers engaging in these activities will now risk facing felony criminal charges.

Harsher penalties for excessive speed (100+ mph) resulting in death

The California legislature also established harsher penalties for drivers involved in fatal accidents while driving at excessive speeds. Excessive speeds have been defined as going 100+ mph. If a fatal injury is associated with street racing or excessive speed, and a driver is under the influence, they may also face being charged with murder (rather than manslaughter).

Drivers responsible for understanding advanced driver assistance systems

While advanced driver assistance systems supposedly keep drivers safer, they do have limitations. If you own a vehicle with so-called advanced driver assistance systems, know their limitations. As with “automated” or “self-driving” cars, manufacturers are clear: you must keep your eyes on the road. Drivers are ultimately responsible for their cars’ actions regardless of whether an advanced driver assistance system was in use.

Have You Sustained A Personal Injury Due To The Violation Of The New  California Traffic Laws?

Paying attention to the laws, and practicing safe, defensive driving, biking or walking is the best way to avoid an unnecessary accident.

Have you been involved in a personal injury accident due to a driver or others’ negligence or failure to uphold new or existing traffic laws? Contact Burneikis Law and schedule a free, 30-minute consultation. We will inform you of your rights and let you know if our support can help you navigate a smoother, faster and more positive outcome.

The idea behind self-driving cars is appealing, but it also comes with significant risks to others. For example, what happens if you are involved in an auto accident with a self-driving car? Fortunately, the law is on your side. 

California has more laws and regulations regarding self-driving and autonomous vehicles than any other state.  Citizens need to know about their rights and what to do if they are involved in an accident with a self-driving car.

Self-Driving Cars & Personal Injury Lawsuits

The National Highway Traffic Safety Administration (NHTSA) is currently reviewing the nearly 400 crashes that occurred as the result of partially-automated driver-assist vehicles over the past year. More than half of those accidents involved Tesla models. However, NHTSA warns that comparing manufacturers is not an accurate means of assessing these crashes because the statistics have not been adjusted for relevant factors like how many of the manufacturer’s vehicles use the system or how many miles the vehicles have traveled.

However, as you can imagine, victims involved in self-driving car accidents can feel more inflamed than those involved with a car actively driven and controlled by another human. 

Victims Have The Right To Pursue A Personal Injury Lawsuit

Of the nearly 400 self-driving car accidents reported in the past year, five resulted in fatalities, and six serious injuries were reported. One of the fatalities was a jay-walking pedestrian that went unnoticed by the self-driving car’s sensory system. These victims all have the right to pursue a personal injury lawsuit. However, accountability for these accidents may vary, depending on the situation.

Here are some of the considerations used to determine who is at fault when pursuing a personal injury lawsuit after an accident with a self-driving car:

Was the driver using the self-driving cars feature in accordance with the manufacturer’s instructions?

Manufacturers of cars with self-driving features are very honest about the newness of the technology, acknowledging the features are basic and flawed. As a result, manufacturers are clear that drivers need to remain alert and pay attention. In fact, self-driving is not an accurate term, as most people agree that cars offer more hands-free options, but require regular driver intervention.

As a result, if the driver of the vehicle was reading, on their phone, sleeping, or obviously distracted - they will most likely bear all or the majority of fault for an accident.

Did the technology fail?

If the driver was being responsible and attentive, but a self-driving feature was flawed or failed, such as in the case of a software malfunction, the lawsuit will be directed away from the driver. In that case, the manufacturer will be pursued.

Was it a combination of factors?

In many cases, car accident claims involving a self-driving or autonomous vehicle involve shared fault. For example, you may be speeding when the driverless car did not brake in time. Or, maybe the accident report concludes the self-driving car driver was not paying attention, but the vehicle’s airbags did not deploy as they should have. In this case, the vehicle’s manufacturer may be partially to blame for the extent of the injuries experienced as a result of the accident. In cases of shared fault, lawyers and insurance specialists work together to determine the percentage of blame - and settlements or judgments are divided accordingly.

What About Self-Driving Semis?

In addition to self-driving cars, drivers can soon expect to share roads and highways with self-driving 18-wheelers. According to an October 2022 issue of Entrepreneur, the autonomous driving technology company Waymo and Daimler Company recently joined together to test the viability of computer-controlled 18-wheelers. Currently, these semi-trucks are running routes in Texas and Arizona. 

These trucks are still in the testing phase; paid humans are “at the wheel” and paying attention to correct any issues before they result in an accident. Even so, the writing is on the wall; soon, there will be large, self-driving delivery trucks on the roads. This concerns some drivers as accidents with an 18-wheeler are statistically more dangerous than collisions with smaller vehicles.

The article reports, “many drivers are finding the increasing prevalence of self-driving vehicles unsettling and concerning. According to PolicyAdvice, 43% of Americans are uncomfortable inside a driverless car, citing safety as their chief concern.” And, because trucks are so much larger and more powerful, skepticism surrounding self-driving 18-wheelers is even higher.

What To Do If You Are Involved In An Accident With A Self-Driving Car

For now, the instructions on what to do if you are in an accident with a self-driving car remain the same as in any other accident:

Schedule A Consultation With Burneikis Law After A Car Accident

Were you involved in an accident with a self-driving car? Schedule a consultation with Burneikis Law. We will review the accident reports, hear your side of the story, and go over medical records. We also discuss things you may not have thought about, like unpaid time off work and the exponential effect that has on future social security or retirement earnings, etc. 

Support from an experienced accident and personal injury attorney can make a substantial positive impact on your insurance settlement, ensuring you get the compensation you need and deserve.

It is not surprising to learn that the larger a California city is, the higher the number of traffic accidents there are. As a result, while Bay Area Cities are trumped by some of the larger cities in southern California, the Bay Area still ranks at the top of the list of California cities where traffic accidents happen most often.

Bay Area Cities Made The Top 10 Of Most Traffic Accident Lists

The Transportation Injury Mapping System (TIMS) from Cal Berkeley lists all reported traffic accidents, which can be researched by those causing injuries, severe injuries, and fatalities. These reports provide a comprehensive analysis of accident reports by city and the number of reported accidents each year.

In the past three years, the California cities where traffic accidents happen most often are:

  1. Los Angeles
  2. San Diego
  3. Sacramento
  4. San Francisco
  5. San Jose
  6. Long Beach 
  7. Oakland 
  8. Anaheim
  9. Riverside
  10. Bakersfield

Notice that Bay Area cities (San Francisco, San Jose, and Oakland) all feature in the top seven. 

Cities Where Traffic Accidents Cause The Most Serious And Fatal Injuries

When we change the data search from “use all injuries” to “use fatalities and serious injuries,” the data is even more alarming for Bay Area drivers, cyclists, and pedestrians. The cities with the highest numbers of serious and fatal injuries are:

  1. Los Angeles
  2. Sacramento
  3. San Francisco
  4. Sacramento 
  5. San Jose
  6. Long Beach
  7. Oakland
  8. Bakersfield 
  9. Riverside
  10. Fresno

In that list, four Bay Area cities make the Top 7. Also worth noting is that two of the cities on this list, Sacramento and Fresno, are considered part of the Bay Area’s “mega-region” due to the tens of thousands of commuters that drive from those areas into the Bay Area for work.

When you compare these lists with the ranking of cities by population density, there is no exact correlation. This shows us that some cities (San Francisco and Oakland, for example) that rank lower in population, but higher in the number of accidents resulting in severe injury and fatalities. 

The lesson here is: Bay Area drivers, pedestrians, and cyclists must adopt defensive driving/walking/riding strategies and exert extreme caution for their well-being and for the well-being of others.

Most Common Causes Of Accidents In California Cities

According to the National Highway Traffic Safety Administration (NHTSA), driver error is the leading cause of traffic accidents. The main causes of accidents resulting from driver error include:

6 Things You Can Do To Minimize Your Car Accident Risk

With these causes in mind, here are five things you can do to minimize the risk of an accident and reduce the chances of experiencing (or causing) a serious or fatal injury.

All passengers must wear seatbelts or age-relevant safety restraints

There is no excuse for not wearing a seatbelt. Every passenger must be safely buckled in before any vehicle begins moving.

Keep your hands on the wheel and eyes on the road

These days, cell phones are one of the most common reasons for distracted driving. Texting, emailing, and checking social media while driving is now the leading cause of distracted driving. Do not do it.

Other leading causes of distracted driving leading to accidents are:

Commit to changing your driving habits, making it a priority to focus on the road. Turn the cell phone off or store it in the trunk if you have to.

Never drive under the influence (use a ride-sharing platform)

Now that vaping THC is legal and socially acceptable, the rates of DWIs are steadily increasing. According to the DMV and other traffic statistics, 42% of all drivers killed in motor vehicle crashes tested positive for legal and/or illegal drugs - and that number goes up yearly. The California Highway Patrol speculates that there could be a 70 percent increase in marijuana-related DUI arrests this year.

With the prevalence of ride-sharing opportunities in the Bay Area, there is no excuse to be driving while intoxicated or under the influence of any substances known to impair thought processes, judgment, and reflexes.

Avoid driving when you are over-tired

This is not easy, especially if you are a long-haul commuter. Driving without adequate rest puts you at risk of falling asleep at the wheel or zoning out to the point that you become unaware of your surroundings. Both expose you to causing an accident.

Obey the speed limit to avoid traffic accidents

The statistics around speeding and accident risk are astounding:

Obeying the speed limit is one of the best things you can do to minimize the risk of a car accident, not to mention the risk of serious injury or fatality.

Burneikis Law Helps Traffic Accident Victims Get What They Deserve

Were you involved in a Bay Area traffic accident? Contact Burneikis Law to ensure you are supported through the insurance claims process. If you were injured or a loved one was involved in a fatal accident, our compassionate representation gets the financial compensation required to care for you today, tomorrow, and into the future.

Seatbelt safety laws were controversial when they were made an official part of the California vehicle code back in 1986. Today, vehicle safety features are innovated at exponential rates, and today’s newest vehicle models have safety features we only dreamed of back in the 1980s. 

Some of these features are appreciated, while others drive new car owners crazy due to their ability to override the driver’s control. Either way, insurance companies, third-party researchers, and national traffic data prove that most current vehicle safety innovations reduce car accidents and the severity of car accident victim injuries and fatalities. 

Most Effective Vehicle Safety Features

Statistics show that more than 50% of drivers/passengers killed in auto accidents were not wearing their seatbelts. Importantly, an estimated 374,276 people are alive today as a result of wearing their seatbelts when they were involved in an auto accident. These unignorable facts are why automakers continue innovating new and improved safety features.

Here are five safety features that studies show are the most effective at preventing and reducing car accidents and minimizing the degree of injury to car accident victims.

Airbags

Drivers and passengers wearing seatbelts still experience traumatic injuries to the brain and spine as a result of contact with a steering wheel, dashboard, or other components on the interior of the vehicle. The addition of airbags front and side airbags has made a dramatic difference in the severity of injuries sustained when an accident occurs. Front and side airbags are estimated to have saved at least 50,000 lives and have reduced injuries for countless accident victims.

Automatic braking systems (ABS)

ABS systems are not a staple feature on new cars, but current statistics indicate their ability to reduce car accidents means ABS is the wave of the future. These high-tech braking systems use special sensors to detect oncoming traffic or objects that might cause a collision and override the driver’s brakes. 

They are not every driver’s best friend, as it takes time to get used to your driving instincts or actions being overridden by your vehicle. However, Bay Area drivers are well aware of our how congested our roadways are and how suddenly traffic ahead can change. ABS systems also provide additional protection when the roadway conditions are wet, particularly during the winter and spring. NHTSA.gov studies show ABS systems significantly reduce the number of collisions and accidents on wet roads

Crash avoidance technologies (backup cameras, blind spot detection, collision warning, adaptive cruise control, etc.)

Crash avoidance technologies cover a wide range of tools. Luxury cars offer them all, but even non-luxury models come automatically equipped with tools like backup cameras and collision warnings. Similar to ABS, drivers have mixed feelings about these features due to their extra beeps, sounds, and the override features that activate brakes or steering mechanisms. However, a post on togetherforsaferroads.org cites that not only do crash avoidance technologies prevent accidents, but they also save auto insurance companies a significant sum of money. A Carnegie Mellon University researcher stated, “If vehicle crash avoidance technologies were deployed throughout the light-duty vehicle fleet, we could see crash prevention cost savings of up to $264 billion, assuming all relevant crashes are prevented.”

Another article posted by Forbes states that research by LexisNexis Risk Solutions, Advanced Driver Assistance Systems (ADAS) vehicles showed a 27% reduction in bodily injury claim frequency and a 19% reduction in property damage frequency.

What About Automatic Driving Systems?

The jury is still out on Automatic Driving Systems. While these cars utilize all of the ADAS listed above, there is not enough real-time data to support them becoming the norm. While almost all major car companies are invested in some level of development and testing, the only cars on the mass market are those (like Tesla) that offer Level 1 and Level 2 functions. This means autonomous features can be used but are supposed to be overseen (and overridden) by the driver.

The number of accidents caused by drivers using their autonomous features is part of why these technologies are not yet mainstream. These systems do not have a trusted track record - yet.

Lives Are Saved By Vehicle Safety Features

Data does not lie, and statistics from the NHTSA and various third-party researchers prove that vehicle safety features reduce car accidents, save lives, and minimize the number of serious accident-related injuries and fatalities yearly.

When applying current analytics to historical traffic safety data, the NHTSA states that:

Contact a Personal Injury Lawyer When You Need One

The team at Burneikis Law encourages all of our clients to drive safely. You are the first line of defense between your car and other drivers, but these vehicle safety features certainly help to keep you safe. Do not hesitate to contact us at (510) 328-3238 if you or someone you know was recently involved in an accident. We will review all the facts and ensure you are properly represented from start to finish.

18-wheeler and semi-truck accidents are some of the most dangerous accidents that occur. This is due to the immense size and weight of the trucks combined with the fact that most of these accidents take place on highways where vehicles travel at higher speeds.

According to the Federal Motor Carrier Safety Administration (FMCSA), eighty-eight percent (88%) of truck-related crashes are due to the error of the truck driver. If you or someone you love are a victim of an 18-wheeler or semi-truck accident, we recommend consulting with a personal injury lawyer to ensure your case is handled efficiently and that you or other victims are compensated adequately for medical expenses, lost wages and benefits, and other damages.

5 Most Common 18-Wheeler And Semi-Truck Accidents

Factors affecting semi-truck crashes are most commonly linked to:

Here are five of the most common types of 18-wheeler and semi-truck accidents:

Jack-knife 18-wheeler and semi-truck accidents

Just as a jack-knife (pocket knife) folds in on itself, the act of braking or turning suddenly causes a semi-truck to jack-knife. During the accident, the truck's cab (where the driver sits) goes in one direction while the trailer goes in another. This causes the hinge between the trailer to fold in half so that the cab winds up sitting at the same angle as the trailer. 

Once a truck jack-knifes, there is very little a truck driver can do to regain control. Jack-knife accidents account for about 1 in 10 (10%) of all trucking accidents. These types of accidents commonly result in serious injury or fatality to surrounding motorists who cannot get out of the truck's path or may be forced to swerve off the road or into oncoming traffic in an instinctual reaction to avoid hitting the truck.

Truck rollovers

Semi-trucks are prone to rollover accidents due to their boxy size, high center of gravity, and heavy loads. The average loaded semi-truck and trailer is more than 40-times heavier than standard passenger vehicles. If a semi rolls over on a car or SUV, passengers of these vehicles are more likely to sustain severe or fatal injuries.

Blind spots

There is a common saying: "Left side, passing side; right side, suicide.” While bleak, there is much truth to this saying and the public is wise to take heed. While semi-trucks are equipped with special mirrors, the sheer size of the truck creates significant blind spots. For example, truck drivers have a much harder time seeing things on the right-hand side of their truck than they do seeing vehicles on their left-hand side.

If the driver of an automobile traveling behind or to the side of a truck is not able to see the truck’s driver in their rear-view mirror, odds are they cannot see you. If a car passes on the right side or makes a lane change while in a trucker’s blind spot, the passenger vehicle runs the chance of being struck or run off the road. About thirty percent (30%) of all 18-wheeler accidents occur when a passenger car, truck, or SUV is in the truck’s blind spot.

Rear-end collisions

If you spend any time commuting here in the Bay Area, you may notice most semi-truck drivers leave a large space between them and the car in front of them. This is because the significant weight of the truck requires much longer stop/start distances - as much as 20% to 40% more time than the average car/truck. 

If you cut in front of a truck driver and eat up that space and then have to brake suddenly, you risk being rear-ended. However, if a truck driver is tired, distracted, or under the influence, they are more likely to follow too close to the car in front of them, putting that driver and passenger at risk.

Tire blowouts

A tire blowout is a high-risk situation because it happens suddenly and makes it difficult to control the truck as it makes its way erratically to the side of the road or freeway. In the case of a truck, tire blowouts are usually the result of a driver or trucking company’s failure to inspect and maintain the tires adequately. 

Unfortunately, innocent motorists can be injured or killed when a blowout causes a trucker to lose control. Shredded parts of the tire can fly across the road or into surrounding traffic, forcing other drivers to swerve suddenly.

Other Potential Semi-Truck Accidents

Some of the other most common types of semi-truck accidents involve:

Have You Been Involved In An Accident Caused By An 18-Wheeler?

If you have recently been involved in an accident caused by a semi-truck, or you are experiencing the long-term effects of a past accident with a truck, contact Burneikis Law. We ask all the right questions and listen closely to your answers in order to determine whether or not you are in need of professional representation. We have the experience that is needed to help you navigate through the web of the insurance claims process and our legal system. With a proven track record for success both in and out of the courtroom, we will be your trusted advocate every step of the way.

If a person does not know they have the right to file a personal injury claim, they will miss out on the opportunity to be reimbursed for medical expenses, lost wages, pain and suffering, and other damages resulting from an accident. There are several types of personal injury claims arising out of a variety of accidents, from auto accidents to medical malpractice suits, to other types of injury-producing events. 

8 Bases For Filing One Of The Many Types Of Personal Injury Cases

At Burneikis Law, you can rest assured that we will do everything in our power to make a personal injury claim as smooth as possible. We always work towards a just and equitable settlement rather than courtroom drama. However, if resolving your claim is not possible without litigation, we are well-equipped and experienced in trial work and welcome the opportunity to present your case to a jury. In addition to ensuring your rights are protected, justified personal injury claims help to prevent the same types of unnecessary injuries or fatalities from happening to others.

Here are eight of the most common types of personal injury cases: 

Auto accidents

Most accidents have a direct cause – they are almost always the fault of a driver, vehicle parts manufacturer, or even a pedestrian or cyclist that was not obeying traffic laws. Regardless of who is legally at fault, the insurance company for the liable party has one goal: to pay as little as possible. 

Your personal injury attorney will help you obtain the compensation required to pay for lost wages, medical bills, and any related future expenses (chiropractor appointments, physical therapy, and so on). Obtaining compensation for these damages without hiring an experienced personal injury attorney will be difficult and will almost always result in lesser compensation. 

Slip and fall accidents

Slip and fall accidents can cause long-term damage due to the likelihood of head, neck, back, or other serious injuries. These types of accidents are often the result of poor signage or hazardous conditions on both public and private property. Hazardous conditions causing slip and fall accidents include:

Assault

It pains us to report that assault claims are escalating. While these types of injury-producing incidents previously were only filed after angry family or neighbor disputes, personal injury claims due to assaults from strangers or acquaintances who become easily enraged are on the rise. Assault is one of the only types of personal injury claims that are the result of malicious intent rather than negligence.

Malpractice

Medical malpractice occurs when the treatment provided by a physician, surgeon, or other healthcare professional causes injuries that significantly impact a patient’s life. In many cases, the resulting injuries are fatal. According to several studies, medical errors and malpractice may be the third leading cause of death in the United States. Some of the most recent data indicate as many as 250,000 individuals die each year as the result of medical errors, unnecessary or nonsensical treatment, and medical negligence.

Medical malpractice lawsuits not only serve to hold the healthcare system accountable for its actions but such lawsuits and claims also strive to ensure victims and their families get the compensation they rightly deserve.

Dog bites

There are leash laws for a reason, one of which is to keep the public safe from dog bites. Attacks from dogs can be vicious, leading to pain, suffering, and scars that last a lifetime. In many cases, dog bites are the direct result of the owner’s negligence, such as failing to keep dogs in a fenced yard, not repairing a dilapidated fence, failing to correct known aggressive behavior with a certified dog trainer, or allowing the dog to walk off-leash. When these types of injuries happen, the dog’s owner is held accountable via a personal injury lawsuit.

Product liability

Every product you purchase at a store or from an online vendor must pass certain quality control measures to make sure it is safe for public use. Any known risks must be stated in writing via warnings on packaging and instructions. Failure to provide these warnings or to address defects in a product’s safety or performance is negligence. Similarly, if the use of a product causes an injury through no fault of the user, the company that produced the product is liable. 

Wrongful death

The direct definition of wrongful death is, “...a death caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.” In most cases, wrongful death is an umbrella term associated with another type of personal injury claim, such as fatalities caused by car accidents, semi-truck accidents, product malfunctions due to direct corporate negligence, medical malpractice, etc.

Workplace or construction site types of personal injury cases

A large percentage of workplace accidents are avoidable. Anyone involved in a workplace accident should consult with a personal injury lawyer to make sure they are being adequately taken care of by their employer or their employer’s insurance company. 

When we look deeper into the cause of most workplace accidents, we typically find the root cause was poor working conditions, the company’s failure to provide proper safety gear, inadequate training, the company failing to hold OSHA-required safety meetings, etc. These types of accidents may also be caused by poor maintenance of work vehicles or equipment, or a failure of the employer to make known repairs promptly.

We Represent Victims Of All Types Of Personal Injury Cases

Were you recently the victim of an accident or injury due to someone else’s negligence? Odds are your case falls under one of the eight most common types of personal injury claims. Burneikis Law is here to hear your story and provide experienced guidance for your next steps. Contact us to schedule your consultation.

Call Now: (510) 328-3238
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