Bakersfield Personal Injury Attorney Blog

NHTSA’s Honda Accord Investigation Highlights Product Defect Role in Auto Accidents

Tue, 22 Jun 2021 19:00:02 GMT

In May of 2021, Honda was quick to insist that it was cooperating with an investigation that had recently been announced formally by the National Highway Traffic Safety Administration . The NHTSA opened its investigation into the safety of specific Honda models after the agency received more than 100 complaints that the 2013, 2014, and 2015 models of Honda’s top-selling “Accord” were experiencing a loss of steering control.

Although it was proper and appropriate for Honda to announce that it is cooperating with the NHTSA’s safety investigation, many crash victims are understandably wondering why Honda didn’t act sooner. If the NHTSA had received more than 100 complaints about the steering loss control issue, surely Honda’s customer service representatives had received similar complaints. This ongoing situation serves as an excellent example of how manufacturers of potentially dangerous and/or defective consumer products too often find themselves scrambling for an alibi and victims of these affected products too often find themselves scrambling to speak with experienced personal injury attorneys.

The Honda Accord Steering Control Investigation

There are approximately 1.1 million Honda Accords being driven up and down American roadways. When the NHTSA announced that it has opened a formal safety probe and engineering analysis concerning the Honda Accord, it wasn’t just 1.1 million motorists who became instantly affected by this decision. Every time that a motorist operates a vehicle anywhere near other human beings, animals, and/or property, those creatures and valuable assets that the motorist passes become instantly threatened if the motorist behaves recklessly or something goes wrong with the vehicle that is being driven. The potential for instantaneous loss of steering control in any or all of the 1.1 million Honda Accords on the road threatens every person, animal, and piece of property that those Accords pass.

Still No Recall?

No formal recall has been announced by either the NHTSA or by Honda. This is significant for a few reasons. Perhaps most broadly concerning is the idea that if a product manufacturer is aware that a potentially deadly defect may be affecting more than a million of its products and doesn’t issue a recall of its own volition, what does that say about the manufacturer’s regard for consumers and others with whom the products could come into contact? Americans take for granted, partially due to the authority of agencies like the Food and Drug Administration and the Consumer Product Safety Commission , that the goods they’re sold are safe. This isn’t always the case. Scenarios like the Honda Accord probe – in which a potentially deadly defect has been reported by more than 100 people and a recall still hasn’t been initiated by either the government or the manufacturer – occurs far more frequently than many consumers might be led to believe.

While the NHTSA can choose to initiate the recall process, if its safety review indicates that such action is warranted, a manufacturer can initiate a recall at any time of its own accord. Unfortunately, the “bottom line” business interests of manufacturers – and other entities in the supply chain – tend to outweigh safety concerns, at least to a point. Recalls are usually only initiated voluntarily if the recall is cheap enough that it won’t be bad for business and/or that the risk of public relations “fallout” from any recall and related publicity outweigh the costs of the physical recall. At this time, even though more than 100 motorists have reported a potentially deadly problem with their Honda Accords to the government, and even more may have reported the problem directly to Honda itself, Honda has not seen fit to initiate a recall. This reality suggests that Honda views a recall of more than 1 million affected vehicles as more costly than both the public relations fallout from this issue and any lawsuits that may stem from affected accident victims.

This kind of approach is best summed up by the potentially infuriating cliché “It isn’t personal, it’s business.” However, accidents caused by defective and/or dangerous defects to which a manufacturer has been alerted are very, very personal to those who suffer harm as a result of their occurrence.

Defective Parts Contribute to Crash Causation All the Time

Are you aware of how often dangerous and/or defective products contribute to the cause(s) of vehicle crashes ? Many Americans are surprised to learn that the National Traffic Highway Safety Administration estimates that 1 out of every 50 crashes is primarily caused by a problem with one of the vehicles involved. Roughly one-third of defect-inspired crashes is caused by a problem with a vehicle’s tires .

These defects don’t always make themselves known to accident victims. While tire blow-outs and defective airbag initiations can be easy to “spot,” other defective challenges – including faulty electrical system issues – can be invisible to all but investigators and diagnostic experts. It is partially for this reason that it is so important to speak with an attorney in the wake of a crash instead of assuming that you know exactly what led to your collision . An invisible defect may have played a role and an auto manufacturer may owe you compensation as a result.

Legal Assistance Is Available

If you have been injured in a crash involving a Honda Accord (or any vehicle, really), it is important to speak with an experienced attorney about your legal options. Even if you’ve blamed the circumstances that led to your crash on yourself, it is far more likely than you’d think that a defective auto part may have played a role in the cause of your collision. If you don’t speak with an attorney in the wake of sustaining injuries, you may always wonder “What if?” you weren’t fully to blame for what happened to you.

Speaking with our experienced legal team in a risk-free, confidential, cost-free consultation setting will allow you to tell us the story of what you experienced and to be advised of your legal options in an objective, pressure-free, knowledgeable way. Once you’ve been advised of your options, you can make informed decisions about how you’d like to move forward. Please call our reputable team today. It would be our honor to advise you of your rights as an accident victim and to provide you with support during this challenging time.

Unregulated Baby Sleep Product Hazards Highlight Product Safety Concerns Overall

Mon, 07 Jun 2021 18:45:46 GMT

New parents, very understandably, tend to worry. They worry about whether their little one is eating enough, is happy enough, is developing at a healthy rate, and about whether they will ever sleep through the night. When shopping, new parents worry about whether a specific diaper brand will perform as advertised, whether a particular rocker will soothe their babies or amp them up, and whether buying a holiday outfit is worth the effort, given that their little one will probably only wear it once before outgrowing it. Most of the time, however, parents don’t worry too much about the safety of any baby products stocked on big store shelves. After all, if a product is unsafe, it would have already been recalled or taken off the shelves… right?

Unfortunately, as a recent recall effort has clearly illustrated, tragedy often has to strike again and again before unsafe baby products and equipment are either taken off store shelves or recalled altogether. Although Americans benefit from the oversight of agencies including the Consumer Product Safety Commission and the Food and Drug Administration , defective and otherwise unsafe products are sold across the country every day.

To Recall or Not to Recall… That Is the Question

Businesses that sell products usually resist recalling or otherwise pulling their wares from store shelves and retail partners unless the public relations and/or bottom-line costs of NOT recalling/pulling an item outweigh the profits that will be made if the items continue to sell. For example, the National Highway Traffic Safety Administration recently opened a formal inquiry into the safety of the 2013-2015 “Accord” models after more than 100 people had reported that these models experience significant loss of steering control with no warning. Despite their awareness of this problem, Honda has not voluntarily recalled the more than 1.1 million affected vehicles in the U.S. (presumably due to high costs) and the NHTSA has not yet initiated a recall as its safety review isn’t complete. Due to the absence of an outright recall, many Accord owners are likely unaware that they are driving machines that could lose steering control at any time, in any place, and at any speed.

A similar challenging situation has been evolving over the past few years in regards to various models of infant sleep equipment. Back in 2019, specific brands of inclined sleepers were pulled from shelves after dozens of infants perished while resting in them. Eventually, all inclined infant sleepers were pulled from shelves as a result of this risk. However, it took months for manufacturers and retailers to get to the point whereby they were willing to act. If the deaths of dozens of exceptionally young innocents wasn’t enough to inspire immediate action, what would be?

Product Safety Change Occurs Slowly

Over the years, many products have been deemed unreasonably dangerous and/or defective in response to public outcry and the injuries sustained by far too many victims. From defective, deadly pool drains to magnetic toys that acted like slow motion bullets when swallowed, products that kill, seriously injure, or significantly sicken Americans are (usually) recalled or pulled from shelves eventually. However, as the evolution of infant sleeper equipment illustrates, this shift tends to happen slowly. And tragically, every day that passes wherein dangerous products aren’t pulled from shelves is a day in which someone else could get hurt.

It took months for inclined infant sleepers to be pulled from U.S. shelves after both regulators and manufacturers became aware that a number of babies had died while resting in them. This shift in the market eventually occurred in 2019. Yet, it was only in the Spring of 2021 that the Consumer Product Safety Commission voted three to one to pass a rule that would require dozens of infant sleep products that are currently unregulated to be newly classified so that they will be regulated moving forward. Additionally, this rule will not take formal effect for one year, so these products will remain unregulated in the meantime, which could endanger untold numbers of infants. Critics are concerned that the new rule still leaves infants in an unreasonably vulnerable position because it fails to clearly define “what is safe or a threshold for an unreasonable risk of injury.”

Criticism aside, closing this regulatory loophole will hopefully serve as an important step forward regarding infant safety in the U.S. However, the lengthy road that had to be traveled to reach this point illustrates just how unsafe it still is to be an American consumer. The fact that years passed and so much effort had to be undertaken in order to regulate potentially deadly sleep equipment is nothing short of astonishing. The Washington Post reports that both “The American Academy of Pediatrics and advocacy groups such as Consumer Reports pushed for the measure.” Although it is imperfect, it is a concrete step taken to address a gaping loophole in infant product safety regulations. In this case, advocates are crossing their fingers that “something” will serve better than “nothing.”

Legal Aid Is Available

If you or your child has been harmed as a result of a dangerous or defective consumer product, know that you have rights as an injury victim as codified in both state and federal law. Speaking with an experienced attorney will help you to clarify how these rights apply to your unique situation and how to exercise them effectively.

Our firm has extensive experience representing the interests of product injury victims. When you schedule a free, no-risk, confidential consultation with our team, we will provide you with an objective assessment of your legal options and clarify our approach to providing high-quality representation. Please connect with our firm today. By pursing legal action (should you choose to) you could end up inspiring those within government and/or the supply chain to protect other consumers like yourself. Additionally, you may be entitled to significant compensation from those who caused your harm. We look forward to speaking with you.

The Practical Consequences of California’s Underfunded Active Transportation Program

Mon, 07 Jun 2021 18:15:08 GMT

In the Autumn of 2013, legislation creating California’s Active Transportation Program was signed into law. As part of the state’s Department of Transportation the ATP consolidated a number of existing programs in an effort to help the Golden State become a national leader in active transportation policy. The transportation programs streamlined by the ATP approach included:

ATP’s mission is to facilitate and encourage increased utilization of active modes of transportation. California’s DOT website lists the following as the primary goals of the ATP:

Increase safety and mobility for non-motorized users
Increase the proportion of trips accomplished by biking and walking
Enhance public health
Ensure that disadvantaged communities fully share in the benefits of the program
Advance the active transportation efforts of regional agencies to achieve Greenhouse Gas (GHG) reduction goals , pursuant to SB 375 (of 2008) and SB 341 (of 2009)
Provide a broad spectrum of projects to benefit many types of active transportation users

Effective pursuit of these goals directly benefits some of California’s most vulnerable travelers. Recent studies and federal statistics strongly suggest that while there was a dip in injurious pedestrian accident rates during 2020 (likely due to reduced traffic resulting from pandemic-related lockdowns), motor vehicle accidents that harm pedestrians are becoming more common, not less. This is just one example of the ways in which California’s pedestrian and cyclist populations are currently underserved when it comes to safe, reliable active transportation opportunities. Unfortunately, pursing the ATP’s goals is proving to be unreasonably difficult due to budget constraints.

Putting Money Where the DOT’s Mouth Is

When the ATP was created, massive city street transformations and small-town improvement projects started having to compete with one another for access to the same communal funding “pot.” California’s legislature has continued to grow the amount of funding available for ATP since its inception in 2013. However, demand for these funds has far outpaced general funding increases. The competition has grown so fierce that, somewhat counter-intuitively, the number of applications for this funding have dropped dramatically. For example, in 2020, only 64 project proposals were submitted to the ATP from the 89 municipalities in Los Angeles County. This county is famous for its congested roadways and its surface streets that are anything but pedestrian-friendly. One would imagine that hundreds of bike, pedestrian, and school safety proposals would pour into the ATP offices from this county annually. Yet, StreetsBlog L.A. recently reported that “many public agencies and advocates know their chances are slim in the ever more competitive ATP, finding that it’s no longer worth the time and expense needed for a winning application. Plenty are simply tired of rejection.”

This discouragement is backed up by data. In 2013, 37 percent of ATP proposals were funded. In 2020, only 22 percent of ATP proposals were partially or fully funded. Despite consistent increases in the dollar amounts afforded to the ATP by the legislature, the program remains incapable of meeting the state’s pedestrian, cyclist, and school safety transportation needs. Those who either choose to or have to use these forms of active transportation suffer the consequences of this underfunded reality.

The Consequences of a Pedestrian-Unfriendly California

If you have been injured while traveling as a pedestrian or cyclist, you are not alone. According to California’s Office of Traffic Safety, California’s pedestrian fatality rate is not only almost 25 percent higher than the U.S. average, it is on the rise. In between 2014 and 2018 alone, the fatal pedestrian accident rate in the Golden State rose a staggering 26 percent. Additionally, in 2018 alone, more than 14,000 pedestrians were non-fatally injured but required medical attention as a result of their injuries. These statistics don’t account for the number of accidents each year that affect cyclists, and both motorized and non-motorized scooter operators, all of whom share many of the same safety challenges that pedestrians do.

According to the Department of Public Health , traffic crashes are the primary cause of premature death in Los Angeles County for children aged 5-14. Additionally, these crashes are the number two cause of death for children aged 1-4, young adults aged 15-24, and adults aged 25-44. Dividing up California’s state budget in ways that meet the state’s diverse and extensive needs is a monumental task. There is no single “right way” to go about ensuring that pedestrian, cyclist, school safety and other forms of active transportation are made safer for one and all. However, it is becoming increasingly clear that this is an urgent public safety issue and must be addressed in ways that are more effective than the current ATP structure is proving to be.

While it is true that California affords accident victims numerous protections and opportunities for justice, the best case scenario involves eliminating most risk factors for pedestrians and other active travelers in the first place.

Legal Aid Is Available

All too often, pedestrians and cyclists who have been injured as a result of motor vehicle collisions don’t speak with an attorney about pursuing legal action because they assume that there is “nothing to be done.” This is understandable, as being injured in this way can leave anyone feeling less empowered than they otherwise might be. However, in reality, California affords accident victims a variety of protections and opportunities to seek legal recourse. As a result, it is always a good idea to speak with an experienced attorney about your legal options before dismissing the idea that you might be owed significant compensation in the wake of an accident.

Our firm’s experienced and knowledgeable team has earned a reputation for providing high-quality legal services to accident victims. We strive to treat every case with the kind of personalized attention you’d expect from a small firm but with the comprehensive focus traditionally associated with larger firms. It would be our honor to advise you of your legal options and to provide you with any legal support that you may need during this challenging time.

You Have Rights if You’ve Been Harmed by a Drunk Driver in Bakersfield

Thu, 14 Jan 2021 23:46:58 GMT

If you’ve been injured by a driver who was knowingly or unknowingly intoxicated, high, or overly medicated when they were operating their vehicle, know that you have opportunities for legal recourse in civil court. Too often, when individuals are struck by intoxicated drivers, they are under the impression that the only ways in which those intoxicated drivers will be held accountable involve the criminal justice system. In reality, you have rights as an injury victim and, depending on the circumstances of your situation, you may have rights as a victim of a crime as well. As a result, it’s important to connect with an attorney who has experience representing victims in drunk driving and drugged driving cases. Doing so will allow you to explore your legal options in an informed way and will allow you to fight for any compensation to which you may be entitled.

Motorists Owe Each Other a Duty of Care Under the Law

At any point that a motorist gets behind the wheel of a vehicle and starts that vehicle, they owe a so-called “duty of care” to anyone else who they may encounter while they’re traveling. Essentially, this duty of care means that the motor vehicle operator is duty-bound – by law – to operate their vehicle safely and in accordance with all relevant laws and regulations. If they “breach” this duty by operating their vehicle in a manner that the law deems negligent, reckless, or intentionally dangerous, they can be held legally liable for that behavior if they harm anyone as a result of that breach. This means that if your injuries directly resulted from the intoxicated driver’s negligent, reckless, or intentionally dangerous operation of their vehicle while they were intoxicated, you have grounds to hold them accountable by filing a civil action against them. Also, as noted above, you may be entitled to compensation as the victim of a crime, depending on the unique circumstances surrounding your situation.

What Does the Personal Injury Process Look Like?

If you choose to file legal action against the driver who hit you, a few things will happen necessarily. First, you’ll need to speak with an experienced attorney about your options. No two intoxicated driving accidents ever unfold under exactly the same circumstances. As a result, it’s important to get a professional case evaluation before making any assumptions about the strengths of your case, the possible weaknesses of your case, and/or what the value of the compensation you may be owed might be. Understand that consultations are confidential and risk-free. If you choose to explore your legal options during a free consultation and ultimately decide that you don’t want to file a personal injury claim, that is entirely within your right.

Second, your attorney will need to evaluate your case in order to give you a clear sense of your options. As a result, your attorney may need to do a little investigating and gather some evidence before they can give you a truly objective picture of how “strong” your case is overall. If you decide to pursue legal action after your case has been properly evaluated, your attorney will begin building your personal injury claim. They will need to prove – as explained above – that the driver who hit you owed you a duty of care, breached that duty by driving while intoxicated, and directly caused your injuries as a result of that breach.

Third, your attorney will both negotiate with insurance providers on your behalf and begin negotiating to potentially settle your case. Roughly nine out of every 10 personal injury cases settle before there is any need to go to trial. Of course, your attorney will prepare your case for trial so that they are ready in the event that you aren’t offered (and ultimately choose to accept) a fair settlement before there’s a need to try your case in court. However, chances are high that you will be offered a fair settlement before your case ever reaches a courtroom.

Preparing for Your Consultation with an Attorney

The best thing you can do now, in terms of your legal rights, is to take some time to prepare for your initial personal injury consultation. Gather a copy of the police report, any physician’s notes or discharge papers from the medical care you received in the wake of your accident, and any other documentation that you believe may help your attorney understand the nuances of your situation better. Similarly, if you exchanged insurance information with the individual who hit you, took pictures or video at the scene, noted the names and contact information of witnesses to the crash , or otherwise have any information that will help to clarify the details of the accident, please bring this information along too.

Finally, if you have yet to record your memories of the accident itself (the moments leading up to it, the collision, and anything you can remember after impact) please take a few minutes to do so now. This isn’t an easy exercise and it wouldn’t be requested of you if it wasn’t important. Partially as a self-protective response to the crash, your memories are likely to fade and change and refocus as time passes. Recording your memories now will allow your attorney to reference them as your case is taking shape and will allow you to reference them in the future should you ever want to.

Free Consultations Are Available

If you’ve been injured by an intoxicated driver, please know that the law is on your side. Please schedule a no-cost, risk-free consultation with our firm today to explore your legal options. Also, until you’ve spoken with us, please avoid speaking with insurance claims adjusters. We want to ensure that you get every last dime you’re entitled to and we know how to speak with insurance professionals in ways that won’t unintentionally compromise the value of your case. You deserve the best representation possible. We’d be honored to provide that service for you during this challenging time.