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    <title>San Jose, California Personal Injury Blog | Law Office of John J. Garvey, III</title>
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    <id>tag:www.johngarveylaw.com,2009-12-03:/blog/1147</id>
    <updated>2012-01-10T21:26:23Z</updated>
    
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<entry>
    <title>Recent Fire Highlights Importance of Heater Safety</title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2012/01/recent-fire-highlights-importance-of-heater-safety.shtml" />
    <id>tag:www.johngarveylaw.com,2012:/blog//1147.179309</id>

    <published>2012-01-10T21:23:32Z</published>
    <updated>2012-01-10T21:26:23Z</updated>

    <summary>In the early morning hours near Red Bluff, California, a fire destroyed a mobile home and spread to adjacent homes, seriously damaging them. The home&apos;s occupant suffered severe burns and was rushed to an area hospital. Officials say that the...</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Product Liability" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="burninjury" label="Burn Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="dangerousdefectiveproduct" label="Dangerous Defective Product" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="personalinjury" label="Personal Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="productliability" label="Product Liability" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>In the early morning hours near Red Bluff, California, a fire destroyed a mobile home and spread to adjacent homes, seriously damaging them. The home's occupant <a href="http://www.johngarveylaw.com/Catastrophic-Injuries/Burns.shtml">suffered severe burns</a> and was rushed to an area hospital. Officials say that the fire was caused by a space heater that had been placed too close to flammable materials.</p>
<p>Heating equipment is involved in a staggering number of fires. In 2009, the National Fire Protection Association estimates that heaters were responsible for 58,900 or 18 percent of home fires. In 2009 alone, these fires caused a total of $1.1 billion in property damage, killed 480 people and injured 1,520. Space heaters are deadly in particular. Statistics show that they are responsible for 80 percent of deaths from fires caused by heating equipment.</p>]]>
        <![CDATA[<p><strong>Space Heater Safety Tips</strong></p>
<p>Following some commonsense space heater safety tips can ensure that you stay warm and injury-free this winter.</p>
<ul>
<li>Before using your space heater, look it over to check for loose connections or wires that are frayed. If there are any of these defects, do not use the heater.</li>
<li>Place the space heater at least three feet away from anything that could catch fire, including paper, curtains, furniture and other fabrics.</li>
<li>Place the heater in an area out of reach of children.</li>
<li>Do not use the space heater on a rug.</li>
<li>To avoid electrocution, keep the heater in a dry area and do not touch it if you are wet.</li>
<li>Unplug the space heater when it is not in use or before going to bed.</li>
<li>Avoid burns by letting the heater cool at least five minutes before moving it to a different location.</li></ul>
<p>Space heaters, like other products, can sometimes have <a href="http://www.johngarveylaw.com/Dangerous-Defective-Products/">flaws in its design or contain defects</a>. If believe that you were injured by an unsafe space heater or other heating appliance, contact an experienced personal injury attorney. An attorney can review your situation and assist you in recovering compensation for your injuries.</p>
<p>Source: Redding.com, "<a href="http://www.redding.com/news/2011/dec/19/tehama-county-resident-injured-fire/">Tehama County resident injured in fire</a>," 12/19/2011.</p>]]>
    </content>
</entry>

<entry>
    <title>Motorcycle Accidents: Causes and Prevention</title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2011/12/motorcycle-accidents-causes-and-prevention.shtml" />
    <id>tag:www.johngarveylaw.com,2011:/blog//1147.163743</id>

    <published>2011-12-07T21:31:42Z</published>
    <updated>2011-12-07T21:33:21Z</updated>

    <summary>There are many reasons why a motorcycle accident can occur. Often it is the other motorist, not the motorcyclist, who is at fault. The main reason for an accident with a motorcycle is that the other driver simply does not...</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Motorcycle Accident" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="catastrophicinjury" label="Catastrophic Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="drunkdriveraccidents" label="Drunk Driver Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="motorcycleaccidentinjuries" label="Motorcycle Accident Injuries" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="motorcycleaccidents" label="Motorcycle Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>There are many reasons why a motorcycle accident can occur. Often it is the other motorist, not the motorcyclist, who is at fault. The main reason for an <a href="http://www.johngarveylaw.com/Car-Accidents/Motorcycle-Accidents.shtml">accident with a motorcycle</a> is that the other driver simply does not see the motorcycle due to its relatively small size compared to the other cars and trucks on the road. Motorcyclist inexperience can also play a large part in an accident. Someone who is not familiar with the specifics of driving a motorcycle versus a car can have difficulty safely operating a motorcycle. Another risk factor is speed.</p>
<p>Motorcycle accidents, like any vehicular accidents, can have tragic and long-lasting effects. However, due to the significant power of a motorcycle and the lack of a protective barrier between a motorcyclist and the road or another vehicle, the consequences of an accident are frequently catastrophic. Only one out of every five riders escapes a motorcycle accident with minor injuries. In most occurrences, the <a href="http://www.johngarveylaw.com/Car-Accidents/Motorcycle-Accident-Injuries.shtml">motorcycle operator is at least seriously injured</a>. Additionally, the chance of having an accident in the first place is magnified just through the operation of a motorcycle.</p>]]>
        <![CDATA[<p><strong>Simple Steps to Follow</strong></p>
<p>As with automobile accidents, there are plenty of simple ways to avoid an accident with a motorcycle. First and foremost, a motorcyclist must obey the traffic laws and not <a href="http://www.johngarveylaw.com/Car-Accidents/Drunk-Driver-Accidents.shtml">operate the vehicle while impaired by drugs or alcohol</a>. Another simple thing for motorcycle drivers to do is to assume that they are invisible to other motorists and take extra precautions because of it. If you drive as if no one else can see you, you can prevent the most common motorcycle accidents from occurring. Anticipate situations and you can avoid disaster, injury and possibly death.</p>
<p>Operating a motorcycle is different than driving a car, but common sense still prevails in avoiding accidents. If you are a prepared driver and you know how to properly operate the machine, you can help reduce your chance of being involved in a collision. Accidents most frequently occur when drivers are not active participants and when they do not obey traffic laws. So when you ride your motorcycle, be safe and be prepared.</p>
<p>Source: <a href="http://www.forcardrivers.com/quicktips.html">Ten Things All Car &amp; Truck Drivers Should Know About Motorcycles</a></p>]]>
    </content>
</entry>

<entry>
    <title>California Truck Accident Blamed on Stop Sign Infraction</title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2011/11/california-truck-accident-blamed-on-stop-sign-infraction.shtml" />
    <id>tag:www.johngarveylaw.com,2011:/blog//1147.152519</id>

    <published>2011-11-07T21:40:42Z</published>
    <updated>2011-11-07T21:42:50Z</updated>

    <summary>The California Highway Patrol&apos;s (CHP) recently released accident report for a big rig accident that injured the driver and passenger of a pickup truck lists an all-too-familiar cause: a driver failing to come to a complete stop at stop sign....</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Truck Accident" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccident" label="Car Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="failuretoyeild" label="Failure to Yeild" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccident" label="Fatal Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="intersectionaccident" label="Intersection Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="stopsigncrash" label="Stop Sign Crash" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="truckaccident" label="Truck Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>The California Highway Patrol's (CHP) recently released accident report for a <a href="http://www.johngarveylaw.com/Truck-Accidents/">big rig accident</a> that injured the driver and passenger of a pickup truck lists an all-too-familiar cause: a driver failing to come to a complete stop at stop sign. The semi crash occurred in the early morning hours at a rural intersection, and - as is often the case with crashes between trucks and smaller vehicles - the truck driver did not suffer injuries.</p>
<p>One major study of US motor vehicle accidents from the Insurance Institute for Highway Safety based on an analysis of police reports revealed that almost 700,000 annual crashes occur at stop signs. One of three stop-sign-related auto accidents result in at least one personal injury or wrongful death.</p>]]>
        <![CDATA[<p>The authors of the study focused on 1788 separate crash reports at stop sign-controlled intersections in four US cities. Close to 70 percent of all accidents at stop signs involved traffic violations, including a driver's failure to stop, which typically resulted in an angular collision.</p>
<p>Of the 30 percent of accidents not involving stop violations, rear-end crashes were the most common circumstance. Another common cause of <a href="http://www.johngarveylaw.com/Car-Accidents/">accidents at intersections</a> is driver failure to yield right-of-way due to inability to notice approaching traffic. Driver age was found to be an important factor, with teen and elderly motorists found to be disproportionately at fault after investigations of crashes at stop signs.</p>
<p>The dangers of failing to stop at a stop sign, not yielding to oncoming vehicles or running a stop sign due to distracted driving are well established. A California car and truck accident attorney can help an injury victim or surviving family member review the circumstances of the crash, assess liability and estimate the full extent of damages.</p>
<p>Source: Hanford Sentential, <a href="http://www.hanfordsentinel.com/news/local/article_67eabf60-01d6-11e1-b00a-001cc4c002e0.html#ixzz1cTlLp0Ff">CHP reveals new details on big rig accident that injured 2</a>, Joe Johnson, 10/29/11</p>]]>
    </content>
</entry>

<entry>
    <title>Severe Injuries or Death Caused by Drivers Failing to Stop on Red</title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2011/10/severe-injuries-or-death-caused-by-drivers-failing-to-stop-on-red.shtml" />
    <id>tag:www.johngarveylaw.com,2011:/blog//1147.143858</id>

    <published>2011-10-17T18:34:14Z</published>
    <updated>2011-10-17T18:43:08Z</updated>

    <summary>Red Light, Green Light is a popular children&apos;s game where children are only allowed to move when the person running the game calls &quot;green light&quot; and need to stop when the person running the game shouts &quot;red light.&quot; It shows...</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Car Accident" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccident" label="Car Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="catastrophicinjury" label="Catastrophic Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="failuretostopatred" label="Failure to Stop at Red" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccident" label="Fatal Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="runningredlights" label="Running Red Lights" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>Red Light, Green Light is a popular children's game where children are only allowed to move when the person running the game calls "green light" and need to stop when the person running the game shouts "red light." It shows that even small children can master the concept of "red means stop." Somehow many adults seem to forget that when they fail to stop at red traffic lights. <a href="http://www.johngarveylaw.com/Car-Accidents/">Driving through red lights can cause car accidents</a> with serious consequences and California authorities are taking steps to stop drivers from running red lights.</p>
<p><strong>Dangers of Running Red Lights</strong></p>
<p>Drivers going through red traffic lights is one of the leading causes of auto accidents in the U.S. According to the Federal Highway Administration, drivers running red lights cause accidents resulting in about 1,000 deaths and 90,000 injuries annually. Half of the people who <a href="http://www.johngarveylaw.com/Catastrophic-Injuries/Wrongful-Death.shtml">die in red light running accidents</a> are not those who failed to stop; they are other drivers, bicyclists or pedestrians.</p>
<p>One in three people report knowing someone injured in an accident caused by someone running a red light, similar to the number of people who report knowing someone injured in a drunk driving accident.</p>]]>
        <![CDATA[<p><strong>Efforts to Combat the Problem of Drivers Running Red Lights</strong></p>
<p>One of the ways that authorities are trying to stop drivers from running red lights is through the use of cameras at intersections. The cameras take photos of cars that enter the intersection after the traffic signal has changed and then police issue a ticket to the driver through the mail.</p>
<p>The California Board of Audits reviewed the effectiveness of these traffic cameras in 2007. The Board found that accidents at intersections caused by people running red lights decreased by 10 percent statewide in the cities with traffic cameras. Cities without cameras saw no reduction in such accidents. In San Diego alone, the audit showed that red light violation accidents at intersections with cameras decreased by 44 percent. In Oxnard, the rate of such accidents dropped by 46 percent.</p>
<p>Drivers who are in too much of a hurry or too careless to follow simple rules of the road such as "red means stop" cause car accidents. If you have been injured in an accident with a driver who ran a red light, you may be entitled to compensation for your injuries. Contact an attorney to discuss your situation and help you pursue your claim.</p>
<p>Source: <a href="http://collisionmax.com/MaxTrax-Auto-Body-Shop-Blog/bid/63258/It-s-Red-for-a-Reason-Red-Light-Running-Car-Crashes-and-Deaths">It's Red for a Reason: Red-Light-Running Car Crashes and Deaths</a></p>]]>
    </content>
</entry>

<entry>
    <title>Proposed Increase in Texting Fines Vetoed by Governor Brown</title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2011/09/proposed-increase-in-texting-fines-vetoed-by-governor-brown.shtml" />
    <id>tag:www.johngarveylaw.com,2011:/blog//1147.127379</id>

    <published>2011-09-19T15:44:54Z</published>
    <updated>2011-09-19T15:46:52Z</updated>

    <summary>Three years after enacting a law requiring drivers to use hands-free cell phone technology, the California Legislature sought to further the safety of all on the road. However, the Legislature&apos;s proposed increases for distracted driving fines ultimately led to the...</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Car Accident" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="californiaaccidentvictimattorney" label="California Accident Victim Attorney" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="caraccident" label="Car Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccident" label="Fatal Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="textingwhiledriving" label="Texting While Driving" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>Three years after enacting a law requiring drivers to use hands-free cell phone technology, the California Legislature sought to further the safety of all on the road. However, the Legislature's proposed increases for distracted driving fines ultimately led to the bill's veto.</p>
<p>According to state senator Joe Simitian (D-Palo Alto), the hands-free law "significantly" lowered the number of fatal accidents in California. Statistics cited by The Daily Journal support Sen. Simitian's claim; during the first year California's hands-free law was in effect, the number of vehicle accidents dropped 20 percent and the number of fatalities fell by approximately 700. Yet, even though AAA Automobile Club of Southern California and the California Office of Traffic Safety estimate that between 60 and 70 percent of drivers comply with the hands-free law, <a href="http://www.johngarveylaw.com/Car-Accidents/Distracted-Drivers.shtml">fatal accidents still occur as a result of distracted driving</a>.</p>]]>
        <![CDATA[<p>In an effort to further deter drivers from texting or talking on cell phones without hands-free technology, the Legislature passed a law that would increase the fines for violations. The fines for first offenses would rise from $20 to $50, and subsequent offenses would increase from $50 to $100. In addition, a point would be added to drivers' licenses for subsequent violations - that may result in increased insurance premiums for the driver.</p>
<p>The only effect that the proposed law would have on teen drivers is to make using a cell phone for texting or talking a primary offense. Teens under the age of 18 are banned from texting or talking, even with hands-free technology, while driving.</p>
<p>The law passed the California Legislature in August 2011, but in early September Governor Jerry Brown vetoed the bill. In doing so, the governor stated that he supported efforts to "discourage" people from using cell phones while driving, but did not support increasing the fines drivers face for violations.</p>
<p>An attorney can help you seek compensation for medical bills and pain and suffering following an accident involving a distracted driver. After an accident, speak with an attorney to discuss your options.</p>
<p>Sources: <a></a><a></a><a href="http://www.smdailyjournal.com/article_preview.php?id=165271&amp;title=Texting%20or%20talking%20drivers%20facing%20tougher%20penalties">Texting or talking drivers facing tougher penalties</a></p>]]>
    </content>
</entry>

<entry>
    <title>Sit. Stay. Bite? California Dog Bite Reports on the Rise</title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2011/09/sit-stay-bite-california-dog-bite-reports-on-the-rise.shtml" />
    <id>tag:www.johngarveylaw.com,2011:/blog//1147.123167</id>

    <published>2011-09-01T18:43:44Z</published>
    <updated>2011-09-02T13:22:20Z</updated>

    <summary>Dogs are often referred to as &quot;man&apos;s best friend&quot;. However, this may not be entirely accurate, as they often become more than just a mere friend and become members of the family. Even with all the love that we show...</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Premises Liability" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="catastrophicinjury" label="Catastrophic Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="disfigurement" label="Disfigurement" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="dogbites" label="Dog Bites" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="personalinjury" label="Personal Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>Dogs are often referred to as "man's best friend". However, this may not be entirely accurate, as they often become more than just a mere friend and become members of the family. Even with all the love that we show our dogs, or they show us, one thing remains certain, they are still animals.</p>
<p>One of the most common reminders of the fact that these furry members of the family are still animals is when they or another <a href="http://www.johngarveylaw.com/Premises-Liability/Dog-Bites.shtml">dog bites a person</a>. From small nibbles to severe maulings that leave both physical and mental scars, even the most loveable dogs may pose injury risks to people.</p>]]>
        <![CDATA[<p><strong>Growing Number of Dog Bite Cases</strong></p>
<p>San Diego County, in the past four years, has seen the number of reported dog bites consistently increase. While pit bulls receive the most press about being potentially dangerous dogs and were responsible for the most reported bites in San Diego County last year (389 bites), a common breed of family dog, Labrador retrievers, were responsible for the second most bites (199 bites).</p>
<p>Under California law, the owners of dogs that bite are responsible for the injuries caused, regardless of whether the dogs have a history of biting or not. As long as the bite victims were legally in a place they should be - such as a public park or street or private residence - and not trespassers, the owners are responsible for the dogs' actions.</p>
<p>If the first time a dog bites is severe enough or after the second bite, government officials can move to have restrictions placed on the dog and/or owner - from muzzling the dog or constructing a fence to euthanizing the animal - in the name of public safety.</p>
<p>For the victims of dog bites, however, even the most severe actions in the name of public safety will not reverse the fact that they have been bitten. Severe bites may require medical care, rabies shots and possibly even <a href="http://www.johngarveylaw.com/Catastrophic-Injuries/">plastic surgery to repair the damage</a>.</p>
<p>If you or a loved one has been bitten by a dog, speak with an experienced personal injury attorney about receiving compensation for your medical bills and pain and suffering.</p>
<p><strong>Source</strong>: <a href="http://www.signonsandiego.com/news/2011/jul/16/grappling-with-dog-bites/">Grappling with Dog Bites</a></p>]]>
    </content>
</entry>

<entry>
    <title>Debate Continues Over Helmet Use in California</title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2011/08/debate-continues-over-helmet-use-in-california.shtml" />
    <id>tag:www.johngarveylaw.com,2011:/blog//1147.119774</id>

    <published>2011-08-18T17:59:04Z</published>
    <updated>2011-08-18T18:04:11Z</updated>

    <summary>Despite continual studies showing that they save lives, helmet usage remains a controversial issue. Since 1991, the State of California has mandated that bicycle and motorcycle riders wear protective helmets to increase safety in the event of an accident. Section...</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Motorcycle Accident" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="braininjury" label="Brain Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="headinjury" label="Head Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="helmetsafety" label="Helmet Safety" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="motorcycleaccidents" label="Motorcycle Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>Despite continual studies showing that they save lives, helmet usage remains a controversial issue. Since 1991, the State of California has mandated that bicycle and <a href="http://www.johngarveylaw.com/Car-Accidents/Motorcycle-Accidents.shtml">motorcycle riders wear protective helmets to increase safety in the event of an accident</a>. Section 27803 of the California Vehicle Code states that drivers and passengers of motorcycles, motor-driven cycles and motorized bicycles shall wear safety helmets while operating such vehicles.</p>
<p>The law is based on the state's interest in protecting people when they have accidents and most importantly, saving lives.</p>]]>
        <![CDATA[<p>Yet, a stalwart contingent believes that personal choice, and not a law, should dictate whether helmets should be worn. Each year, the group ABATE (A Brotherhood Against Totalitarian Enactments) lobbies state lawmakers to repeal California's helmet laws. They argue that helmet use should be voluntary. They also claim that helmets add to the risk of injury in certain instances, and are ineffective in serious crashes.</p>
<p>However, proponents of helmet use point to the disabling injuries that could prevented by helmet use, as well as the costs of caring for the catastrophically injured. The National Highway Traffic Safety Administration estimates that more than 13,000 lives have been saved through helmet use between 1984 and 2002, including 1,829 in 2008 (the latest year for such statistics). The NHTSA also cites studies indicating that unhelmeted riders injured in crashes are less likely to have insurance, and higher medical costs than those who wear helmets. This is because those not wearing helmets are more <a href="http://www.johngarveylaw.com/Catastrophic-Injuries/Brain-Injuries.shtml">susceptible to concussions and other brain injuries</a>.</p>
<p>Despite the debate over legislating personal choice, wearing a helmet is the best way to reduce your chances of sustaining a life-threatening head injury in a motorcycle accident.</p>
<p>Source: <a href="http://www.sacbee.com/2011/07/10/3757244/stuart-leavenworth-anti-helmet.html">Stuart Leavenworth: Anti-helmet brigades might need to get their heads checked</a></p>]]>
    </content>
</entry>

<entry>
    <title>Street Racing Isn&apos;t Glamorous, It&apos;s Dangerous</title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2011/06/street-racing-isnt-glamorous-its-dangerous.shtml" />
    <id>tag:www.johngarveylaw.com,2011:/blog//1147.105665</id>

    <published>2011-06-29T13:59:17Z</published>
    <updated>2011-06-29T14:01:40Z</updated>

    <summary>In the movies, illegal street-racing is made to look fun and exciting; possibly the sport of choice for the &quot;hero&quot; of the movie. What usually isn&apos;t accurately portrayed in the movie is the danger that street racing poses to racers,...</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Car Accident" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccident" label="Car Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccident" label="Fatal Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="highspeedaccident" label="High-Speed Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="personalinjury" label="Personal Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="streetracing" label="Street Racing" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>In the movies, illegal street-racing is made to look fun and exciting; possibly the sport of choice for the "hero" of the movie. What usually isn't accurately portrayed in the movie is the danger that street racing poses to racers, those watching the races and innocent bystanders.</p>
<p>Besides conducting these races in the presence of spectators and, occasionally, other vehicles not involved in the race, most drivers are amateur racers driving cars that are modified in home garages. Combined with high-speeds, these conditions only increase the <a href="http://www.johngarveylaw.com/Car-Accidents/">danger of the races</a>.</p>]]>
        <![CDATA[<p>The National Highway Traffic Safety Administration (NHTSA) reports that in 2008 speed was a factor in over 31 percent of car accident fatalities, with 37 percent of the deaths (1,141) being males between 15- and 24-years-old. Hubpages.com reports that between 2001 and 2006 illegal street-racing resulted in over 800 deaths.</p>
<p>These statistics show that illegal street-racing is much more dangerous and a lot less glamorous than Hollywood depicts it to be.</p>
<p>If a driver is accused of illegal-street racing in California, he or she faces stiff penalties. Often, the driver will face high fines and jail time, and, if someone is <a href="http://www.johngarveylaw.com/Catastrophic-Injuries/Wrongful-Death.shtml">fatally injured</a>, the driver could face vehicular manslaughter charges. Additionally, authorities may confiscate and crush the vehicle used in the street race.</p>
<p>The dangers of illegal street-racing extend beyond the drivers and to the community as a whole. If you are injured by an illegal street-racer, speak with an experienced personal injury attorney in your area to discuss about your legal options.</p>]]>
    </content>
</entry>

<entry>
    <title>Pedestrian Safety in California</title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2011/05/pedestrian-safety-in-california.shtml" />
    <id>tag:www.johngarveylaw.com,2011:/blog//1147.94347</id>

    <published>2011-05-23T13:44:14Z</published>
    <updated>2011-05-12T17:46:20Z</updated>

    <summary>California is one of the most deadly states for pedestrians along with New York, Florida and Texas. In fact, 42 percent of all fatal pedestrian accidents occur in these states and only 5 percent of all traffic related fatalities. The...</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Car Accident" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccident" label="Car Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccident" label="Fatal Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="pedestrianinjury" label="Pedestrian Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="personalinjury" label="Personal Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="distracteddriving" label="distracted driving" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>California is one of the most deadly states for pedestrians along with New York, Florida and Texas. In fact, 42 percent of all fatal <a href="http://www.johngarveylaw.com/Car-Accidents/Pedestrian-Accidents.shtml">pedestrian accidents</a> occur in these states and only 5 percent of all traffic related fatalities.</p>
<p>The California Highway Patrol reported that there were 214 pedestrian deaths and nearly 5,000 pedestrian injuries in Los Angeles County in 2008. Of all the child fatalities related to motor vehicle crashes, nearly one third are pedestrians.</p>
<p>California is especially deadly for pedestrians because there are so many high traffic, urban areas in the state. Approximately 72 percent of fatal accidents occur in urban areas.</p>]]>
        <![CDATA[<p>Many people living in bustling cities walk because it is the easiest and cheapest way to get around. In 2005, the Federal Highway Administration conducted a survey, which found that approximately 107.4 million Americans walk as their main form of transportation as opposed to driving a motor vehicle or using public transportation. .</p>
<p>California authorities have been actively working to reduce the number of pedestrian deaths in the state by launching educational campaigns, reengineering problem areas and toughening enforcement of traffic violations.</p>
<p><strong>Safety Tips for Pedestrians</strong></p>
<p>Researchers have determined that most crashes involving pedestrians occur in the middle of the block where there is no legal crosswalk. Pedestrians should always try to cross a roadway at an intersection.</p>
<p>Pedestrians should also be wary of drivers who are <a href="http://www.johngarveylaw.com/Car-Accidents/Distracted-Drivers.shtml">distracted</a>, impaired or reckless. Make eye contact with drivers to make sure that they see you. Wear clothes that are light in color or reflective so that you are as visible as possible.</p>
<p>In addition, children are especially vulnerable as pedestrians due to their small size that makes them difficult to see. Children are also less cautious and unaware of the rules of the road. Parents should make sure their children are under adult supervision when crossing the street and teach children to follow safety rules when walking to reduce the chance of being involved in an accident.</p>]]>
    </content>
</entry>

<entry>
    <title>PG&amp;E Says Records Errors Could Not Have Led to San Bruno Pipeline Blast </title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2011/05/pge-says-records-errors-could-not-have-led-to-san-bruno-pipeline-blast.shtml" />
    <id>tag:www.johngarveylaw.com,2011:/blog//1147.92847</id>

    <published>2011-05-09T12:34:51Z</published>
    <updated>2011-05-05T20:37:26Z</updated>

    <summary><![CDATA[Pacific Gas &amp; Electric recently turned over further documents to the California Public Utilities Commission and claimed that the deadly San Bruno gas pipeline explosion had nothing to do with the accuracy of the utility giant's record keeping. This follows...]]></summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Premises Liability" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="catastrophicinjury" label="Catastrophic Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="personalinjury" label="Personal Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="pipelineexplosion" label="Pipeline Explosion" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="premisesliability" label="Premises Liability" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="wrongfuldeath" label="Wrongful Death" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>Pacific Gas &amp; Electric recently turned over further documents to the California Public Utilities Commission and claimed that the deadly <a href="http://www.johngarveylaw.com/blog/2010/09/needless-loss-of-lives-and-homes-in-san-bruno-gas-pipeline-tragedy.shtml">San Bruno gas pipeline explosion</a> had nothing to do with the accuracy of the utility giant's record keeping. This follows closely on the heels of an investigation by the National Transportation Safety Board (NTSB), which concluded that PG&amp;E records did not properly identify welds in a natural gas pipeline that exploded in San Bruno in September 2010. The deadly blast and resulting fire killed eight people and destroyed nearly 40 homes.</p>]]>
        <![CDATA[<p>The 110-page filing acknowledges the record discrepancy, which involved misidentification of the segment of pipe where the blast occurred as containing a seamless weld. The NTSB released documents and transcripts in March that revealed an apparently flawed seam weld discovered by PG&amp;E inspectors a short distance from the San Bruno blast site.</p>
<p>Some commentators speculate that PG&amp;E's ultimate liability for the explosion could have a major financial impact on the company. Two recent departures of prominent executives suggest the possibility of management failures that would underscore the company's responsibility for the <a href="http://www.johngarveylaw.com/Catastrophic-Injuries/Wrongful-Death.shtml">wrongful deaths</a>, business disruptions and widespread property damage that resulted from the explosion. In addition, proof of such problems could allow the company's insurers to void liability policies and require the company to compensate homeowners, surviving family members and other plaintiffs out of its own revenues.</p>
<p>After any incident that causes catastrophic injuries, a close examination of the responsible party's actions is required. Perhaps hoping to avoid the worst consequences of public perception, PG&amp;E recently mailed safety information to residents and businesses that lie within 2,000 feet of major natural gas pipelines. The utility says the mailers contain the information that neighbors, first responders and public officials need in the event of another major natural gas explosion.</p>]]>
    </content>
</entry>

<entry>
    <title>FMCSA Calls for On Board Recorders</title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2011/04/fmcsa-calls-for-on-board-recorders.shtml" />
    <id>tag:www.johngarveylaw.com,2011:/blog//1147.88921</id>

    <published>2011-04-19T19:35:14Z</published>
    <updated>2011-04-19T19:37:57Z</updated>

    <summary>According to the National Transportation Safety Board, 30 to 40 percent of trucking accidents are the result of driver fatigue. The Insurance Institute for Highway Safety also found that hours-of-service violations and logbook out-of-service violations increased the risks for truck...</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Truck Accident" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="hoursofservicerules" label="Hours-of-Service Rules" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="personalinjury" label="Personal Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="truckaccident" label="Truck Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="truckdriverfatigue" label="Truck Driver Fatigue" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>According to the National Transportation Safety Board, 30 to 40 percent of <a href="http://www.johngarveylaw.com/Truck-Accidents/">trucking accidents</a> are the result of driver fatigue. The Insurance Institute for Highway Safety also found that hours-of-service violations and logbook out-of-service violations increased the risks for truck driver fault and truck involvement in traffic crashes.</p>
<p>In line with Comprehensive Safety Analysis mandates, the Federal Motor Carrier Safety Administration (FMCSA) required companies that habitually violated hours-of-service standards to install electronic onboard recorders (EOBRs). In February 2011, the agency expanded this compliance rule to include a majority of other commercial carriers.</p>]]>
        <![CDATA[<p>According to figures from the National Highway Traffic Safety Administration, <a href="http://www.johngarveylaw.com/Truck-Accidents/Truck-Driver-Fatigue.shtml">driver fatigue</a>, or drowsy driving, kills 1,550 people each year and contributes to 71,000 driver fatigue injuries. Commercial drivers' long hours result in sleep deprivation, and disruption of normal sleep cycles produces fatigue.</p>
<p>In conjunction with impaired driving educational initiatives, the FMCSA believed that technology was necessary to tackle monitoring and enforcement issues. EOBRs are digital devices that record vehicle operation time. The goal of an EOBR is to eliminate the need for manual driver logs, to serve as a monitoring and compliance tool for companies and to record information in a format that can be easily distributed and shared.</p>
<p>According to the federal government, the newly expanded rule will affect approximately 500,000 carriers and could require installation of up to 3.4 million devices in trucks and other commercial motor vehicles. Under the new proposal, non-compliant carriers and drivers risk stiff civil penalties and negative carrier safety fitness ratings.</p>
<p>While response from the trucking industry remains mixed, the Truckload Carriers Association recently offered unconditional support for the new rule. Compliance with the current rule affecting habitual offenders is expected to take effect on June 4, 2012. The newer, proposed rule will not fully impact the trucking industry until some later date, however.</p>
<p>Because trucks account for almost 11 percent of our nation's motor vehicle crash deaths but only four percent of registered vehicles, the FMSCA has taken steps to improve safety and trucking industry accountability. With the newly proposed EOBR rules, the agency is on track to making roads safer and saving lives.</p>]]>
    </content>
</entry>

<entry>
    <title>Cell Phone Carriers Joining the Fight Against Distracted Driving</title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2011/02/cell-phone-carriers-joining-the-fight-against-distracted-driving.shtml" />
    <id>tag:www.johngarveylaw.com,2011:/blog//1147.68456</id>

    <published>2011-02-14T16:32:22Z</published>
    <updated>2011-02-14T16:36:59Z</updated>

    <summary>The number of car accidents caused by distracted drivers seems to be growing every year. We live in a society that favors immediate gratification and this seems to include communicating with our friends and loved ones at all times, even...</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Car Accident" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="californiapersonalinjurylawyer" label="California Personal Injury Lawyer" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="caraccidentinjury" label="Car Accident Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="textingwhiledriving" label="Texting While Driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="distracteddriving" label="distracted driving" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>The number of <a href="http://www.johngarveylaw.com/Car-Accidents/">car accidents</a> caused by distracted drivers seems to be growing every year. We live in a society that favors immediate gratification and this seems to include communicating with our friends and loved ones at all times, even while driving. Public awareness efforts have been in full force to educate people about the dangers of inattentive driving. Additionally, many state legislatures have banned using cell phones or texting while operating a motor vehicle. Now cell phone carriers are joining the fight to curb distracted driving practices.</p>
<p>Cellular companies, such as T-Mobile, Sprint Nextel and AT&amp;T, are developing and exploring technological innovations to stop drivers from using their products while their cars are in motion. The specific technologies may vary, however all are intended to dissuade drivers from using their cell phones in the car by interrupting service in a moving vehicle. For instance, T-Mobile has announced a new paid service that stops call or text notifications when the cell phone is in a moving vehicle. Other companies are working on technologies to intercept a call or text to a cell phone in a moving vehicle.</p>]]>
        <![CDATA[<p><strong>Will New Technologies Reduce Distracted Driving?</strong></p>
<p>The new technologies may help reduce the number of <a href="http://www.johngarveylaw.com/Car-Accidents/Distracted-Drivers.shtml">distracted drivers</a> if the technologies are employed by cell phone users. Are people willing to purchase products to disable their phones while driving? This remains to be seen. Since the services are voluntary and can be overridden, some safety experts are concerned that they will be less effective then hoped. However, as of yet, the known dangers of distracting driving has not been able to overcome of lure of instant communication. It is the opinion of safety advocates that the new technologies and the involvement from cellular companies is a step in the right direction. Having more options available may help users curb cell phone use in vehicles and help put us on the path to winning this fight against dangerous distracted drivers.</p>]]>
    </content>
</entry>

<entry>
    <title>NHTSA Announces Speed-Limiter Proposal for Commercial Trucks</title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2011/01/nhtsa-announces-speed-limiter-proposal-for-commercial-trucks.shtml" />
    <id>tag:www.johngarveylaw.com,2011:/blog//1147.58441</id>

    <published>2011-01-18T19:14:54Z</published>
    <updated>2011-01-18T19:18:00Z</updated>

    <summary>In 2006, the National Highway Traffic Safety Administration (NHTSA) was petitioned by the American Trucking Association and Road Safe America to start requiring speed limiters for heavy trucks (trucks with a gross vehicle weight rating that is more than 26,000...</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Truck Accident" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="catastrophicinjury" label="Catastrophic Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="nhtsa" label="NHTSA" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="personalinjury" label="Personal Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="speedlimiters" label="Speed Limiters" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="truckaccident" label="Truck Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>In 2006, the National Highway Traffic Safety Administration (NHTSA) was petitioned by the American Trucking Association and Road Safe America to start requiring speed limiters for heavy trucks (trucks with a gross vehicle weight rating that is more than 26,000 pounds). As a result, the NHTSA has been gathering comments and information on the issue. According to the NHTSA, the administration will publish a Notice of Proposed Rulemaking in 2012. This does not mean that a speed limiter requirement for commercial trucks will be made. However, it does suggest that the NHTSA recognizes the merits of the argument and deems further inquiry into <a href="http://www.johngarveylaw.com/Car-Accidents/Truck-Accidents.shtml">trucking accidents</a>, causes and prevention necessary.</p>]]>
        <![CDATA[<p><strong>Will Speed Limiters on Big Rigs Increase Safety?</strong></p>
<p>The NHTSA's Notice of Proposed Rulemaking could include speed limits of 68 mph for heavy trucks (as requested in both 2006 petitions). Speed limiters are electronic control modules (ECM) that would be tamper-resistant and able to "limit the maximum speed of the vehicle", according to the NHTSA's notice in the Federal Register (49 CFR Part 571). Additionally, manufacturers would be required to install the ECM's in all heavy trucks manufactured after 1990.</p>
<p>Supporters of the speed limiter requirement believe that using these devices will increase safety since faster vehicles need more time to stop in emergencies and <a href="http://www.johngarveylaw.com/Car-Accidents/Causes-of-Truck-Accidents.shtml">accidents</a> involving higher speed vehicles tend to result in injuries that are more severe. Limiters will also provide economic benefits; by reducing speed, trucks will use less fuel and create less wear and tear on tires.</p>
<p>Alternatively, those who oppose speed limiters, such as the Owner-Operator Independent Drivers Assn. (OOIDA), argue that limiters will not improve safety. Increased speed differentials cause a bigger danger on the roadways and vehicles will be safest when all are traveling at similar speeds. Additionally, the costs associated with installing the ECM devices will be high for trucking carriers.</p>
<p><strong>Dangers Posed by Commercial Trucks </strong></p>
<p>While the future of a NHTSA rule requiring speed limiters remains unknown, it is clear that the dangers associated with commercial trucks are being studied and investigated. Even with reduced speeds, due to the weight and size of big rigs, injuries resulting from trucking accidents are often <a href="http://www.johngarveylaw.com/Catastrophic-Injuries/">catastrophic</a>. Measures to reduce trucking accidents will be explored and solutions will be implemented in upcoming years.</p>]]>
    </content>
</entry>

<entry>
    <title>Elderly Drivers Continue to Increase in Number</title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2010/12/elderly-drivers-continue-to-increase-in-number.shtml" />
    <id>tag:www.johngarveylaw.com,2010:/blog//1147.47010</id>

    <published>2010-12-16T16:20:23Z</published>
    <updated>2010-12-16T16:23:20Z</updated>

    <summary>We all depend upon the freedom that our driver&apos;s license provides. Whatever we need to do, we can get in the car and go. However, as we get older, we change physically. Some of those changes can make driving difficult...</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Car Accident" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccident" label="Car Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="caraccidentinjury" label="Car Accident Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="elderlydriver" label="Elderly Driver" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="personalinjury" label="Personal Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>We all depend upon the freedom that our driver's license provides. Whatever we need to do, we can get in the car and go. However, as we get older, we change physically. Some of those changes can make driving difficult and more dangerous, potentially putting others in harm's way. With the numbers of elderly drivers continuing to rise, legislatures are struggling to find the appropriate ways to help reduce the amount of serious <a href="http://www.johngarveylaw.com/Car-Accidents/">car accidents</a> caused by elderly drivers.</p>
<p>The California Department of Motor Vehicles estimates that there are currently more than 5.5 million drivers aged 55 or older, and 2.5 million are 70 or older. The numbers nationwide are similar, and by 2025, nearly 20 percent of all drivers in the U.S. will be 65 or older. The National Transportation Safety Board recently held a forum to study the issue of elderly driving, to discuss safety measures in greater detail.</p>]]>
        <![CDATA[<p>While officials consider the appropriate avenues to improve senior driving safety, many states' Department of Motor Vehicles have started their own safety campaigns. In California, the DMV has many tips for elderly drivers available on their website, including a self-assessment test. The state also has a mature driver improvement course, which discusses issues most relevant for older drivers. Those who complete the course may receive a discount from their insurer.</p>
<p>California also has a restricted license plan in place for elderly drivers who do not satisfy all of the testing requirements. These restrictions may include the times of day and locations where he or she is allowed to drive, as well as additional mirrors or other vehicle enhancements that improve driving ability. Every driver over age 70 is required to renew a driver's license in person. Each will also need to complete a written test on California driving rules, as well as pass a vision test.</p>
<p>Many of the state programs in place encourage elderly drivers to be aware of any physical changes they may be experiencing. This awareness can help seniors better understand how new driving habits compensate for any of these physical limitations. Any medications can also impact a person's judgment and reaction time, and elderly drivers should discuss this with his or her doctor. By aggressively focusing on these issues now, officials hope to have a successful plan in place which will allow older drivers to remain safe drivers.</p>]]>
    </content>
</entry>

<entry>
    <title>Railroad Crossing Accidents Prevalent in California and Texas </title>
    <link rel="alternate" type="text/html" href="http://www.johngarveylaw.com/blog/2010/11/railroad-crossing-accidents-prevalent-in-california-and-texas.shtml" />
    <id>tag:www.johngarveylaw.com,2010:/blog//1147.39304</id>

    <published>2010-11-19T14:04:15Z</published>
    <updated>2010-11-18T16:59:23Z</updated>

    <summary>Operation Lifesaver, a rail safety education organization, and the Federal Railroad Administration recently released data on the safety of the nation&apos;s railways. The statistics show that California and Texas lead the nation in railroad crossing accidents. Fifteen states accounted for...</summary>
    <author>
        <name>Law Office of John J. Garvey, III</name>
        <uri>http://www.johngarveylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1147&amp;id=1441</uri>
    </author>
    
        <category term="Car Accident" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccident" label="Car Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="metrotransitinjury" label="Metro Transit Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="railroadcrossingaccidents" label="Railroad crossing accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.johngarveylaw.com/blog/">
        <![CDATA[<p>Operation Lifesaver, a rail safety education organization, and the Federal Railroad Administration recently released data on the safety of the nation's railways. The statistics show that California and Texas lead the nation in railroad crossing accidents.</p>
<p>Fifteen states accounted for 61 percent of all <a href="http://www.johngarveylaw.com/Car-Accidents/Mass-Transit-Accidents.shtml">railroad crossing accidents</a>, and 75 percent of all railroad crossing deaths. California and Texas were at the head of that group. Texas had 177 railroad crossing incidents in 2009, 23 of which resulted in deaths. California had 111 railroad crossing incidents that same year, but 29 of them were fatal.</p>]]>
        <![CDATA[<p>
<p><strong>Why are RR Crossing Deaths so High in CA and TX?</strong></p>
<p>There are several explanations for the high number of accidents in these two states. Unguarded crossings are the biggest culprit. At these crossings, there are no lights, guardrails or other signals to indicate when a train is approaching. Drivers may not stop to check the crossing, which could cause a collision with an oncoming train. However, accidents can occur even when crossings are guarded. In some cases, lights have gone out and guard gates have malfunctioned, with tragic consequences. Another unsettling explanation for accidents at railroad crossing may be neglect on behalf of railroad companies, which are responsible for the construction and maintenance of guardrails and lights at crossings.</p>
<p>In 2008, Congress passed a law mandating that states at the top of the list for railroad crossing accidents must develop a safety plan and implement it within five years. The law puts the burden of safety and guardrail maintenance on state governments, given that private railroad companies own the tracks and operate the trains. However, some argue that the companies should be held responsible for railroad crossing safety, not taxpayers.</p>
<p>Regardless of who is responsible, railroad crossings in the states of California and Texas pose a safety risk to the residents of those states. Taking measures to improve the safety of railroad crossings-especially those that are unguarded-would be prudent and should be mandatory. If you or a loved one has been injured due to a poorly maintained or unsafe railroad crossing, you may be entitled to compensation for your losses. Please speak to a personal injury attorney to discuss your situation and help you pursue your claim.</p>
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    </content>
</entry>

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