Recent Blog Posts in 2010

My family participates in a morning carpool. We take turns driving our minivans and SUVs packed with neighborhood kids to school each day. After repeatedly trying to engage the kids in morning conversation, I quickly figured out that the idea of small talk with the middle-aged dad from down the street is not cool to a 9 year old.  By now, I know that my job is to drive, not talk.  But when it comes to safety in my car, I pipe up.  My latest pet peeve: school backpacks.

What do backpacks have to do with auto safety?  A lot. The same kids who show no concern for getting out the house on time are indeed efficiency fanatics when it comes to exiting the car.  As soon as the door slides open, I watch a mad dash for the schoolyard faster than a kid might say "hey, thanks for the ride mister."  They are so fast I hardly even hear a single "goodbye." But that's another story.

The kids’ secret to a quick exit?  They sit in the car with their backpacks firmly affixed to their backs.  That way, with a snap of their seat belt release they’re out the door.

Here’s the problem. Sitting in a car with a backpack sandwiched between your torso and the seat is a recipe for head injuries, neck injuries and spinal cords injuries in the event of an auto accident.  When used properly (and working properly), the seat belt is widely considered the most important safety device in an automobile.  But when used improperly (or when not working properly), the seat belt can cause serious injury and even death.

A typical auto crash can be viewed as two collisions.  The "first collision" occurs when the vehicle impacts another vehicle or a fixed object.  The "second collision" occurs when a vehicle occupant impacts the interior of the vehicle. The second collision immediately follows the first collision.  The purpose of a seat belt is to either prevent the second collision or minimize its injury-producing potential.   A properly fitting lap and shoulder belt snuggly "ties" the occupant to the passenger compartment and allows him or her to "ride down" the crash, thereby minimizing or eliminating injurious occupant contact with the vehicle interior, such as the windshield, steering wheel or the roof.

A backpack wedged between the seat and the passenger leaves the passenger particularly susceptible to injuries.  It adversely affects the fit of the belt and serves a wedge between the occupant’s head/neck/torso and the seat/headrest.  In the event of an automobile collision, the occupant is left susceptible to head injuries, neck injuries and spinal cord injuries, to name just a few.

Given the serious risk of injury to our kids, there is no excuse for allowing kids to strap in with a backpack.  And telling kids to take off their backpacks once isn’t enough.  I’ve learned from years of experience that kids lack the capacity to remember this sage instruction.  So, we get to remind them every morning.

Now, to those who say “school is only a short distance away, what’s the big deal?,” remind them that to consider the statistics.  Progressive Insurance Co. polled 11,000 of its policyholders involved in auto accidents.  Of those, over 50% of the auto accidents occurred within 5 miles of the policyholders’ homes.  So chances are, if you are involved in an accident, it will occur close to home.

To those who say, “I’m extra careful with kids in the car,” remind them that they have no control over the guy checking email, talking on the phone, drinking a latte, and shaving while barreling through the neighborhood ‘cause he’s late to a meeting.

To those who say, “not my kids, not my problem,” first suggest that they withdraw from the neighborhood carpool altogether.  Short of that, remind them that the law drivers are legally responsible for the safety of their passengers.  That simple.

So next time that backpack-slinging crew of youngsters climbs aboard your trusty school transporter, wait until all backpacks are down before continuing the journey.  That quick check will make all the difference in the event of a collision.

Be safe out there.

            The Santa Clarita Signal reports that during the recent rainstorm on 2/5/2010, Friday night, at 9:40 p.m., a fatal two-car collision occurred on Interstate-5 near the Calgrove exit.   The article indicates that the 22 year old driver of a Honda Civic, Julius Glover, died and that the passenger, 24 year old Louisa Hezseltine, was seriously injured in the Santa Clarita car accident.  We extend our heartfelt condolences to the family of Mr. Glover and pray for Ms. Hezseltine’s recovery.   The CHP is investigating the cause of the crash.

Wet/Slippery Road Conditions

            Rain is infrequent in the Los Angeles area.   So, when it does rain, built up oil, dirt and debris make our roads slick and slippery.   That can cause cars to lose traction and control.   In rain, there are two key rules of the road: (1) slow down, and (2) leave space between your car and the cars around you.

Driver Negligence?

            The CHP made no arrests and, according to the Signal, the CHP does not suspect that alcohol or drugs were involved.   Many questions, however, remain.   Why did the driver of the Mercedes lose control?   Were the cars traveling too fast for the road conditions?   Was the driver of the Honda following too closely?   Was the driver distracted?   On the cell phone?   Texting?   At Markson Pico LLP, our accident reconstruction experts piece together evidence from crashes like this Santa Clarita auto accident to explain how these events unfolded.

Dangerous Road Conditions?

            Sometimes, drivers lose control due to dangerous road conditions—be that a defect in the design of a road, the failure to maintain the safe condition of a road, or even the failure to warn drivers about an upcoming dangerous condition in the roadway.   Thorough investigation should be undertaken to rule out dangerous road conditions as a contributing factor.

Auto Safety Defect?

            Questions about vehicle safety should not be overlooked.   The Mercedes lost control and swerved into the Honda.   Did the Mercedes lose control due to a defect in its traction control system?   Did its braking system function properly?   Was there a mechanical malfunction, vehicle defect, or tire failure that precipitated this tragedy?

            And the Honda?   Was it crashworthy?   In other words, was the design of this vehicle reasonably sufficient to protect occupants in the event of a reasonably foreseeable crash scenario?   Was there a practical and technically feasible alternative design that would have prevented the injuries without impairing the function of the vehicle?  At Markson Pico LLP, our accident reconstruction consultants study the evidence and come up with answers.

            Markson Pico LLP’s Santa Clarita personal injury attorneys help injury victims throughout the Santa Clarita Valley, Valencia, Newhall, Saugus, Canyon Country, Castaic, and beyond, to secure just compensation arising out of auto accidents like this one.