The Perils of Spring Break

Some college student’s spring breaks have come and gone. For some, it’s just around the corner. The safety of spring break drinkingchildren during a spring break trip is a concern for many parents. Spring breakers are basking in the freedom of vacation away from parents and there seems to be a never-ending flow of alcohol. This combination can be injurious and deadly. With four college aged grandchildren, I share that concern. Being injured in a strange place, away from home and the comfort and care of parents can be frightening for a young adult. Here is some information I found regarding spring break safety that you can pass on to your children.

Over-service of alcohol: This is a huge. When college aged students go on a spring break trip, you know alcohol will more than likely be consumed – and a lot of it. Most states have dram shop laws, which allow licensed establishments such as restaurants, bars, and liquor stores to be held liable for selling or serving alcohol to individuals who cause injuries or death as a result of their intoxication.

Social host liability: Similar to dram shop laws, if an adult hosts a parties and alcohol is consumed by minors and as a result, injury or death occur, the host of the party may be held responsible. Injuries in the case of social host and dram shop laws don’t have to be traffic related. This also includes acts of violence.

Traffic accidents: Between the last week of February and the first week of April, a considerably higher number of traffic fatalities occur in popular spring break destinations compared to other locations in the same states and at other times of the year. Sometimes, it’s as dangerous to walk home. With an elevated amount of negligent driving this time of year, there is also risk of getting struck by a car as a pedestrian. It’s best to leave the car behind, stay off your feet and hail a cab or use Uber or Lyft for a safe ride back to the hotel.

Alcohol related injuries: Binge drinking can come with a price. We’ve all read stories about young adults dying from alcohol poisoning. Drinking too much can also turn any normal activity into a dangerous one, such as a boating, swimming, sitting in a hot tub or standing on a balcony.  Also, binge drinking has also resulted in a number of sexual assaults.

What is the best way to protect your child? If your child is going on a spring break trip, make sure you educate them on the dangers of binge drinking. Tell them to stay in groups with people they know and never leave a party or bar with strangers. Ensure they understand the risks of drinking and driving or getting in the car with someone intoxicated. Perhaps even give them access to your Uber account for a free ride back to their hotel. The best course of action is to keep them from going on a spring break vacation. Of course, that is easier said than done.

Liquor licensee risks with New Years alcohol sales

The new year begins at the end of this week, and many people will be out reveling and ringing it in. Some may stay alcoholat home, but other will have a night out on then town. Those celebrating are not the only ones that need to be careful. If you are a bar or restaurant owner, bartender, or server, be vigilant when serving alcohol. You can be liable of you serve a minor or over-serve an overtly drunk individual. Under dram shop law, bar owners, servers, and retail stores can be held liable if they sell alcohol to a minor or someone who is already drunk, and that person in turn injures or kills a third party due to driving drunk or other by other means (such as assaults).  If the wounded party provides evidence that the serving or selling of the alcohol was the proximate cause of their injuries, they may be entitled to compensation.

Dram Shop law were put into place to protect the public from the irresponsible selling of alcohol to minors or discernibly intoxicated patrons.

Violations may include:
  • Selling alcohol to a minor
  • Over service of alcohol
  • Selling alcohol without checking ID
  • Selling alcohol without a license
  • Selling alcohol after hours
There are many ways to avoid becoming the defendant on the end of a dram shop claim.
  • If unsure about a patron’s age, check ID. This will prevent serving liquor to a minor.
  • Don’t be afraid to cut someone off. It’s not only a right, but a duty to stop serving a visibly intoxicated customer.drunk
  • Avoid overcrowding. Capacity is not just a number – overcrowding can lead to fights among other safety hazards.
  • Know the signs of intoxication. Not sure what they are? The State of Oregon Liquor Control Commission created a comprehensive list. View it here.
  • Don’t serve alcohol outside of legal sales hours. In Washington, liquor sales are allowed from 6 A.M. to 2 A.M. For more info, Wikipedia has a detailed list of liquor law by state.

Don’t think it can’t happen to you. I’ve helped many clients with dram shop claims. Whether in a car accident or assaulted by an intoxicated individual, I’ve proven liquor licensee liability.  Err on the side of caution when serving alcohol this weekend. You might save your business, your job, or even save a life.

Happy New Year to you.

Don’t let the New Year start deadly

New Year’s Eve is one of the worst days of the year for alcohol related car crashes and deaths.  According to the drinking and driving new yearNational Highway Traffic Safety Administration (NHTSA) on average, 130 deaths take place on New Year’s Eve.

Here are some tips regarding staying safe on New Years:

  • Designate a sober driver.
  • Save the number of a local cab service in your phone prior to heading out.
  • Hire a shuttle or limousine service to transport you and your friends to and from your event.
  • Take an Uber or Lyft home.
  • Stay in a hotel.

 

 

Don’t assume walking is a safe option.  New Years has the highest death rate of pedestrians than any other day of the year.  The walker is drunk in over a third of pedestrian fatalities.  Alcohol impairs your ability to walk and navigate, especially in the dark.  If you must walk:

  • As silly as it sounds, have a designated walker.
  • Drink responsibly
  • Stay on the sidewalk. If no sidewalk is available, walk facing traffic
  • If you plan ahead of time, wear bright colored clothing and carry a flashlight to be more visible to drivers.
  • Walk in groups. This help with visibility also.

If you’re driving, it’s very simple. Don’t drink.

Have a fun, but safe New Years Eve.

Hit by the delivery driver

fedex deliveryThis time of year seeing a UPS or Fed Ex truck on the road is a common occurrence.  Driver’s delivering packages this time of year are often under a lot of pressure. UPS expects to deliver 630 million packages between Black Friday and Christmas Eve. During the holiday season delivery drivers will be driving about 50 miles a day. With driver’s traveling that many miles, delivering that many packages, accidents are bound to happen.

Accidents happen for a variety of reasons. They can be caused by human error, outside conditions, or other factors. Some common causes of delivery truck accidents might include:

  • Failure of the driver to set the truck’s parking brake during a delivery causing it to roll;
  • Driver backing up the delivery truck after passing the desired address rather than going around the block or turning around. This can be especially dangerous for pedestrians or bicyclists;
  • Speeding while driving in order to met delivery deadlines;
  • Distracted Driving – text messaging, eating, or doing something else that distracts resulting in an accident;
  • Not following truck driving guidelines and regulations
  • Drivers making sudden stops or quick left turns;
  • Failure to yield while merging in to traffic;
  • Failure to obey traffic laws;
  • Driver fatigue, intoxication, inexperience or inadequate training,
  • Failure to properly maintain vehicle;
  • Vehicle equipment failure;
  • Poorly secured cargo load;
  • Poor road or weather conditions.

If you’re not at fault, who is? It depends on the situation.

The delivery company:

In most cases claims will be filed against the negligent driver’s employer as long as the following is true:

  1. The truck driver is an employee, and
  2. The driver was acting within the scope of his or her employment.

Sometimes these companies hire independent contractors or perhaps the employee was on his or her lunch break when the accident occurred. However, that doesn’t mean the delivery company isn’t still at least partly liable for damages if the person driving its truck was negligent.

The driver:

Since the driver was the negligent party, they will more than likely need to be named party to the claim. If both the driver and employer are added to the claim, chances of completely recovering losses for medical bills, lost wages and other damages are more likely.

Independent contractors:

Some companies may hire independent contractors to do deliveries for them, and in those cases, liability may get a little sticky. Independent contractors aren’t employees of the business and they do not direct the work performed, a 3rd party contractor does that.  Independent contractors are generally solely responsible for a truck accident, unless the business owner exercised a great deal of control over the contractor’s duties.

FedEx was under the microscope last year regarding the use of independent contractors. The company claimed that all its drivers are independent contractors, but the court ruled differently in a class action lawsuit. The decision stated, “Contracts with drivers who must wear FedEx uniforms, drive FedEx-approved vehicles and groom themselves according to FedEx’s appearance standards to deliver packages to its customers.”FedEx tells its drivers what packages to deliver, on what days and at what times,” he said. “Although drivers may operate multiple delivery routes and hire third parties to help perform their work, they may do so only with FedEx’s consent.”

FedEx paid out $466 million to settle their claims.

If you get into a vehicle accident with a delivery truck, treat it just like you would any other kind of accident. There are certain steps you should follow.  DMV.org has posted a helpful checklist.

This information doesn’t just apply to FedEx and UPS drivers; it applies to anyone driving under the scope of their employment. Be careful on the roads this holiday season and if you’re in a car accident, give me a call, shoot me an email or fill out my online request form for a free consultation to discuss your rights. I have decades of experience with motor vehicle accidents and would be happy to help.

Halloween Safety Part Three: Pedestrian Accidents

Halloween night is a big day for emergency room staff. Many ER visits are due to  injuries resulting from car vs. pedestrian Halloween Safetyaccidents. Per the Centers for Disease Control and Prevention, children are four times more likely to be hit by a motor vehicle on Halloween than any other day of the year. There are many reasons for pedestrian accidents on Halloween, including but not limited to:

  • Trick-or-treating after dark.
  • Children are likely to choose the shortest route such as crossing streets mid block, sometimes darting out between parked cars.
  • Smaller children may not be visible to drivers while crossing the street.
  • Parents overestimating their child’s ability to negotiate traffic.
  • Eager trick-or-treaters often forget about safety.

Motorists need to do their part avoiding pedestrian accidents and protecting children from harm on Halloween night. Here are some tips for driving safely on Halloween.

  • Stow away your cell phone. Pull over and stop to call, text or answer.
  • Don’t pass stopped vehicles. Children may be getting dropped off or picked up.
  • Obey all traffic signs and signals and drive at least 5 mph below the posted speed limit to give yourself extra brake time if a child darts in front of your car.
  • Watch for children walking on roadways, medians and curbs.
  • Look for children crossing the street midblock or between parked cars.
  • Carefully enter and exit driveways and alleys.
  • Turn on your headlights to make yourself more visible.
  • Always yield to young pedestrians. They may not stop, either because they don’t see your vehicle or don’t know how to safely cross the street.
  • If dropping off or picking up your own children, park and turn on your hazards.

Let’s keep the tragedies at bay this Halloween. Drive safely.

Do you have any other safety tips for those driving on Halloween night?

August the deadliest driving month

deadly drivingYou would think most vehicle accidents would take place in winter, when there’s a chill in the air and snow and ice on the streets. However, that isn’t the case. In fact, the winter months are the least dangerous. The deadliest driving month is August according to the National Highway Traffic Safety Administration (NHTSA). Four out of ten of the deadliest days on the road occur in August ( 3rd, 4th, 6th, 12th).

What makes August so treacherous?

It’s as simple as this: there are more cars on the roads in August than any other time of year. If you read my blog regularly, you already know that the period between Memorial Day and Labor Day are the deadliest for teens. During August the sun is shining, teenagers and young adults are still taking advantage of their freedom, and families go on extended road trips. Many people are also attending sporting events and backyard barbecues, which much of the time involve alcohol.

The NHTSA recommends “prevention and planning” when it comes to summer driving. Most car accidents and injuries are avoidable.

Ways to stay safe on the roads this month.
  • Buckle up every time you’re in the car.
  • Never drink and drive.
  • Keep your tires healthy by checking air pressure and tread. Also make sure you have a spare on board.
  • Be aware of your surroundings while driving. This includes pedestrians, especially children, animals, and other drivers.
  • Obey the speed limits.deadly driving
  • Avoid distraction while driving. This extends beyond your smartphone. Eating, drinking, changing the radio station are things we might do on a road trip, but are also distractions.
A couple more stats of which to be aware:
  • Saturday is the deadliest driving day.
  • Rush hour the most dangerous time to drive followed by nighttime driving.

With Labor Day approaching, stay mindful that holiday weekends are always treacherous for drivers. While it’s not the deadliest of holiday weekends, Labor Day still sees its share of fatalities because of the number of cars on the roads.

Enjoy the remainder of your summer – out of harm’s way. Stay sober, stay calm, stay alert, and most importantly, stay safe.

Pokemon Go Injuries

The Game

The game, Pokemon Go began just days ago, and already injuries are being reported due to game play. If you are unfamiliar with the game, let me offer a simple explanation. It is what is called an “augmented reality” game that allows players to capture Pokemon (fictional creatures based on a Japanese franchise, i.e. card game, video game, etc.) in the real world. The creatures appear through the camera of player’s smart phones as they walk through their community.

The game, created by Niantic and Pokemon, even warns users to pay attention to their surroundings and play safely, serving as a type of waiver, but many are not heeding the warning, resulting in the injuries.

The Injuries

There have been a number of slip, trip and falls because those playing the game were not watching where they are walking; they were staring at their cell phone screens. Some have fallen into ditches and holes, and ran into cinderblocks.

Players have also taken spills on skateboards and walked into walls, street signs, and the street itself while glued to their smart phones.

Some gamers are even playing while driving, which we all know is an accident waiting to happen. Thankfully, the game will not work if you are traveling at more than 20 miles per hour. It is meant to be played while walking, not driving.

This is not just a problem for juveniles, many of the injured are in their 20s and 30s.

The plus side

The game does come with some positives. Since it is based on walking, people are getting exercise while playing. Players are interacting with each other when they wind up at the same “Pokemon” site. Pokemon are found in parks and landmarks as well as living rooms and kitchens, so players are spending time in outdoor locations they may not have otherwise visited.

If you’re playing:
  • Don’t drive and play. It’s the same as texting while driving, which is against the law and can be dangerous or even deadly.
  • If walking, bicycling, or skateboarding, keep your eyes focused on the sidewalk/road. If you find a Pokemon “egg,” stop to collect your creature. The game is not worth an ankle, knee, elbow or head injury.

Play smart, play safe, and have some injury free fun.

Sharing the road: Advice to both cyclists and motorists

share the roadYesterday was National Ride to Work Day. With more people riding their bikes to work routinely, the increase of vehicle/bicycle collisions has also increased.  This is a good time to remind both bicyclists and drivers how to share the road safely. Bicycle riders carry this stigma that isn’t warranted. Sure, there are unsafe cyclists, but the majority of bicyclists put safety first and follow the rules of the road. After all, if there is to be a collision between a bike and a car, the cyclist faces a far greater risk than the driver of a vehicle.  It is up to both cyclists and the drivers to share the road safely.

The following are tips for cyclists and drivers alike, that will help keeping all on the road safe from harm.

For cyclists:
  • Road rules are same for motorists and cyclists. Obey all traffic devices and use hand signals to indicate your intentions or let drivers know to pass.
  • Ride single file whenever possible.
  • Wear a helmet. Always – no matter how short the trip might be. 60% of bicyclists killed in 2014 were not wearing helmets.
  • Stay to the right. Always ride in the same direction as traffic and use the furthest lane to the right.
  • Ride prudently. Keep a straight line while riding. Don’t swerve between parked cars or traffic. Enter streets and intersections cautiously. Anticipate dangers and vulnerabilities and adjust accordingly.reflective gear
  • Ride out loud. Brightly colored clothing will help be better seen. In low light conditions, use a white front light and red rear light. Make use of reflection clothing, tape, or reflectors as an added safety precaution.
  • Make eye contact with vehicles so they’re aware of your presence. Eye contact with drivers reminds drivers that you are a living, breathing person and not just an obstacle on wheels.
For motorists:
  • Drive with care. Reduce speed when encountering cyclists. A cyclist hit by a car has a much greater chance of survival if that vehicle is passing at a cautious speed.
  • Recognize hazards cyclists may face and give them space. While a vehicle may feel a bump when riding over a pothole, a cyclist could become upended, which could be fatal, even if wearing a helmet.
  • Don’t tailgate. Keep two seconds between vehicle and bicycle. Even being tapped by a vehicle could kill a cyclist.
  • Pass carefully. When passing, allow at least three feet between you and a cyclist. Ensure it’s safe to pass and before returning to your lane, check over your shoulder.  Rear enders are the number one fatality among cyclists. You can read more about this at Complete Streets and 3 Feet Please.
  • Yield the right of way. Bicycles are considered vehicles. Give them the right of way as the law allows. Permit extra time for cyclists to cross intersections.
  • Be attentive. Scan for cyclists in traffic and at intersections. Check rear and side mirrors when making turns. When making a right turn, make sure there is not a cyclists going straight. Also check before opening car doors.
  • Watch for children. Children on bicycles can be unpredictable. Best to err on the side of caution and reduce speed when a cycling child is present. Children may not know the traffic laws, they can be harder to see, and they may not yet be adept to bike riding and might swerve or fall when unexpected.
  • Be a leader. If a motorist gives a cyclist a wide berth, the cars behind are more apt to do the same.
  • Stay off your phone. When using the phone in a vehicle, drivers stray from their lanes, which can be detrimental to a cyclist.

An imperative rule for both motorists and cyclists – don’t drink and ride or drive. According to the Institute of Highway Safety, of bicyclists ages 16 and older who were killed in 2014, 21 percent had blood alcohol concentrations (BACs) at or above 0.08 percent. Cyclists are more likely to suffer serious injuries when a motorist is impaired by alcohol.

One more piece of advice to the cyclists. Don’t assume you cannot hurt a pedestrian because you’re on a bicycle. Pedestrians should be allowed the same courtesies allowed to cyclists by motorists. I had a case in which a cyclist was not being prudent on a walking/riding path. Their bike collided with an elderly woman, killing her.

It is both a rider and a driver’s responsibility to be aware of each other on the road. So, as either a cyclist or a motorist, follow the rules, and be considerate, cautious, and alert. If we coexist safely on the road, we can eliminate preventable injuries and deaths to those on bicycles.

100 Deadly Days of Summer: teens driving dangerously

Teen driving distractionsMemorial Day is on the horizon; the sun is out, school is almost done for the year, and teenagers can already taste the freedom that accompanies their summers. Hitting the road they head to the beach, bonfires and parties. Sadly, many of them never make it home. AAA has named the days between Memorial Day and Labor Day  the 100 Deadly Days of Summer, the deadliest days for teens to be on the road. Because the number of teens on the road increases during this time, there is an increase of deadly teen crashes – 43% compared to the rest of the year. According to AAA, an average of 261 teens die in car crashes during each of the summer months.

The “100” are getting an early start this year. One teen has died this month because of speed. One dead and two teens injured the night before prom when a driver failed to negotiate a curve. Another teen caused a serious accident after failing to stop at a stop sign. These are only a few news items about teen crashes, and it’s just the beginning.

Top factors leading to these teen driving fatalities include:

  • Inexperience: Crash rates are highest during the first year a teen has a license. Teen drivers should drive with a parent at least 30 minutes a week, even after they get their license. Sit in the passenger seat and let them run errands behind the wheel to get some extra experience.
  • Night driving: Fatal crashes are more likely to occur at night, a risk that is higher for teens than adults. Give teens a driving curfew of 10:00 pm. If they complain, as if they would rather be cool or dead.
  • Driving too fast for road conditions: This includes more than speeding. Driving too fast around curves, in the dark, or in a summer rain storm. Parents should talk to children about speed and other dangers they might encounter while driving.
  • Not buckling up: Compared with other age groups, teens have the lowest rate of seat belt use. Talk about the importance of wearing seat belts.
  • Drinking and driving: Provide teens with a safe way to get home if their driver has been drinking. Offer them a ride, or paying for a cab or Uber to keep them out of harm’s reach. Be a role model of driving safely. There are also tools available, such as the parent-teen driving agreement, to set and enforce the “rules of the road” for new drivers.
  • Distracted driving: Texting plays a big part in distracted driving, but there are more lethal distractions, one which is a bigger risk than a cell phone.
    • Applying make-up;
    • Reading;
    • Reaching in a purse or looking in the glove box;
    • Eating;
    • Fumbling while performing what seems like a simple task, for instance, changing the radio station;
    • The threat more perilous than talking or texting on a cell phone — having other teenagers in the car. Having just one extra teen passenger increases a teen’s crash risk by 44%. That number increases as the number of teens in the car increases. In a report by AAA, having friends in the car accounts for drinking and driving, horseplay, riskier driving practices such as speeding, tail-gating and “showing off” and such behavior encouraged by passengers.

A couple more safety tips:

  • Simply turn the phone off or get an app that doesn’t allow calls and texts through while driving
  • If using GPS, set it before you start traveling and not while you’re driving
  • Avoid eating and drinking in the car
  • Ensure everyone is wearing a safety belt
  • Watch for children at play in the streets during the summer months

The National Highway Traffic Safety Administration (NHTSA) reminds parents to set the rules before teens get 5 to drivebehind the wheel with their  “5 to Drive”:

  • No cell phones while driving
  • No extra passengers
  • No speeding
  • No alcohol
  • No driving or riding without a seat belt

Kids can have fun during summer months without risking lives. Talk to them first. Be honest. Maybe even “scare them straight” with the facts and statistics about the 100 Deadliest Days. Also, be vigilant about “road rules” regarding traffic laws, passengers in the car and curfews. If they break the rules, take the car. Teach them that there are repercussions for breaking rules, some could be fatal.

For more information on teen driving and the 100 deadly days of summer visit:

AAA

Drive It Home

National Safety Council

Center for Disease Control and Prevention

 

7 ways drivers can keep motorcyclists safe


motorcycleThousands of motorcyclists are killed
and tens of thousands are injured in traffic accidents each year. This month is National Motorcycle Safety Awareness Month –  a reminder for everyone to stay alert while driving and to share the road safely with motorcyclists.

Motorists are the at-fault party in over half of all multi-vehicle motorcycle-involved accidents. Here are some tips for on how to avoid collisions with motorcycles:

  1. National Highway Traffic Safety Administraion (NHTSA) research shows that people behind the wheels of passenger vehicles are distracted more than 50 percent of the time. If you’re on the road, whether in a car, on a bike or motorcycle, or walking, avoid diswatch for motorcyclestractions.
  1. Have rear view and side mirrors adjusted properly and use them. Be attentive to blind spots, as improper or lack of use of side mirrors have fatal consequences for motorcyclists.
  1. Do not turn at intersections if your view of oncoming traffic is obstructed in any way. When you can adequately see around the obstruction, scan for other roadway users, then proceed with caution.
  1. When entering a congested highway, or changing lanes, modify your speed to match that of the cars in traffic. Differences in speed among vehicles delays one’s ability to assess and respond to potential collisions and hinders reaction time. And again, remember to check your blind spots.
  1. Speed and distance of smaller vehicles, such as motorcycles, can be misjudged. They can also be difficult to see. Be attentive and don’t follow too closely.
  1. Motorcyclists need time to adjust for road hazards such as potholes, or wet pavement, for example. They also need time and space to stop in case of an emergency. Allowing more distance behind a motorcycle will assist in avoiding a collision.
  1. Always use your signals when changing lanes or merging. Motorcyclists will be able to anticipate your movements and find a safe lane position.

For motorcyclists:

  1. Have a valid license with a motorcycle endorsement.
  2. Not all states require the use of helmets, but they do save lives. Wear a DOT compliant helmet and use reflective tape and gear to be more visible.
  3. Obey all traffic laws.
  4. Never drive distracted or under the influence of alcohol or drugs.

Motorcycles are among the most vulnerable vehicle on the road. They face a greater risk of serious injury or death after a collision with another vehicle. Let’s follow the simple advice above and “share the road” to keep not only motorcyclists, but all drivers safe.