CHP reports fatal head-on east of Porterville blamed on dropped cell phone
An elderly man was killed and an elderly woman sustained major injuries when their Honda sedan was hit head-on by a Cadillac sedan whose driver was distracted by his cell phone east of Porterville just after 3 p.m. Saturday, the California Highway Patrol said.
The CHP described the couple, who were from Lancaster, as elderly but did not provide their ages or names. They were traveling northbound on Success Valley Road north of Reservation Road when a man driving a Cadillac was distracted by his ringing cell phone, attempted to pick it up but dropped it on the floor, CHP Sgt. Joe Vega said. When the man tried to retrieve his phone, the Cadillac veered into the northbound lanes, colliding head-on with the Honda, the CHP said.
The Honda driver was pronounced dead at the crash site and the woman was airlifted to Community Regional Medical Center in Fresno, Vega said.
The four people in the Cadillac, including the driver, sustained moderate injuries and were taken to Kaweah Delta Medical Center. All four live on the reservation, Vega said.
No alcohol or drugs are suspected in the crash, Vega said.
Automobile Collisions and Wrongful Death Liability
While the accident of November 3 remains under investigation, the family members of the victims would be well-advised to seek immediate consultation from an experienced wrongful death lawyer. An experienced attorney can advise the victims of their legal rights and decide the best course of action in recovering the maximum compensation for their injuries, lost wages, and pain and suffering. Also, in unique and complex situations such as this one, an attorney can hire a highly skilled independent investigator to reconstruct the scene of the accident to determine who is at fault.
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The Law Offices of Gary A Kessler has a sustaining record of outstanding results for their client’s wrongful death cases throughout California. Our firm specializes in difficult automobile vs. tractor-trailer rig(s), collision cases, uninsured motorists cases, rollover accident cases, bus and train collision litigation, defective product liability litigation, boating collision death cases, boating capsizing and drowning cases, backyard pool drownings, jacuzzi spa drownings, association and community pool drownings, accidental shootings, tractor-trailer and commercial vehicle fatality, fuel tank fire cases and wrongful death cases.
The term “wrongful death” is defined as the death of an individual as a result of the negligence, carelessness, intentional act of another individual, corporation, company or entity. Filing a proper wrongful death claim is extremely difficult and complex for families because they are not only dealing with their grief over the death of a beloved family member, but also complex issues of compensation as well. Wrongful death claims are usually sought after by relatives, siblings, or members of the decedent’s estate who have lost a considerable amount of money as well as loss of support and grief due to the wrongful death of the decedent.
In most states, if the death of a relative or spouse was caused by the wrongful act of another, surviving family members can file a wrongful death lawsuit against the negligent party or parties. In order to file a wrongful death claim, you must be able to prove that you will experience severe future emotional and financial hardship because of the loss of the death of a relative, family member or spouse.
Gary A. Kessler believes enforcement and common-sense safety laws, such as texting while driving bans, can help prevent distracted driving car accidents, and deaths. But legislation is not the only solution. Common sense, personal responsibility and educating drivers about the dangers of distracted driving are all major parts of the solution that will save lives.
Distracted Driving
Each day, more than 15 people are killed and more than 1,200 people are injured in crashes that were reported to involve a distracted driver. Distracted driving is driving while doing another activity that takes your attention away from driving; these activities can increase the chance of a motor vehicle crash.
There are three main types of distraction:
A recent CDC analysis examined the frequency of two major distractions—cell phone use and texting—among drivers in the United States and several countries in Europe.
- Visual—taking your eyes off the road;
- Manual—taking your hands off the wheel; and
- Cognitive—taking your mind off what you are doing.
Distracted driving activities include things like using a cell phone, texting, and eating. Using in-vehicle technologies (such as navigation systems) can also be sources of distraction. While any of these distractions can endanger the driver and others, texting while driving is especially dangerous because it combines all three types of distraction.
How big is the problem?
- In 2009, more than 5,400 people died in crashes that were reported to involve a distracted driver and about 448,000 people were injured.
- Among those killed or injured in these crashes, nearly 1,000 deaths and 24,000 injuries included cell phone use as the major distraction.
- The proportion of drivers reportedly distracted at the time of a fatal crash has increased from 7 percent in 2005 to 11 percent in 2009.
- When asked whether driving feels safer, less safe, or about the same as it did five years ago, more than 1 in 3 drivers say driving feels less safe today. Distracted driving—cited by 3 out of 10 of these drivers—was the single most common reason given for feeling less safe today.
- A recent CDC analysis examined the frequency of two major distractions—cell phone use and texting—among drivers in the United States and seven European countries (Belgium, France, Germany, the Netherlands, Portugal, Spain, and the United Kingdom). Results of the analysis included the following findings:
- Cell phone use while driving:
- 25% of drivers in the United States reported that they “regularly or fairly often” talk on their cell phones while driving.
- In Europe, percentages ranged from 21% in the Netherlands to 3% in the United Kingdom.
- 75% of U.S. drivers ages 18 to 29 reported that they talked on their cell phone while driving at least once in the past 30 days, and nearly 40% reported that they talk on their cell phone “regularly” or “fairly often” while driving.
- In Europe, percentages of young adults who reported talking on their cell while driving at least once in the past 30 days ranged from 50% in Portugal to 30% in the Netherlands.
- Texting or e-mailing while driving:
- 9% of drivers in the United States reported texting or e-mailing “regularly or fairly often” while driving.
- In Europe, percentages ranged from 10% in the Netherlands to 1% in the United Kingdom.
- 52% of U.S. drivers ages 18-29 reported texting or e-mailing while driving at least once in the last 30 days, and more than a quarter report texting or e-mailing “regularly” or “fairly often” while driving.
- In Europe, percentages of young adults who reported texting or e-mailing while driving at least once in the past 30 days ranged from 44% in Portugal to 17% in the United Kingdom.
- Cell phone use while driving:
What are the risk factors?
- Some activities—such as texting—take the driver’s attention away from driving more frequently and for longer periods than other distractions.
- Younger, inexperienced drivers under the age of 20 may be at highest risk because they have the highest proportion of distraction-related fatal crashes.
How can distracted driving be prevented?
- Many states are enacting laws—such as banning texting while driving—or using graduated driver licensing systems for teen drivers to help raise awareness about the dangers of distracted driving and to keep it from occurring.
- On September 30, 2009, President Obama issued an executive order prohibiting federal employees from texting while driving on government business or with government equipment.
- On October 27, 2010, the Federal Motor Carrier Safety Administration enacted a ban that prohibits commercial vehicle drivers from texting while driving.
