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CALIFORNIA LITIGATION UPDATE

The risk of a collision during nighttime hours

Motor vehicle collisions have many different causes and people frequently realize that poor weather conditions such as snow or heavy rain, the use of alcohol, distractions including smartphones and turning the radio station as well as driver fatigue can all result in a motor vehicle collision. However, there are other potential dangers to be aware of, such as the risks you may face on the road at certain times of the day. Aside from rush hour traffic, there are other times when driving can be difficult, such as during the nighttime hours.

Motor vehicle crashes can occur at night for various reasons. Some drivers may have more difficulty seeing the road due to reduced visibility after the sun goes down. Moreover, driving at night can be difficult for some people due to driver fatigue, whether they have not slept in a long time or they had to wake up early for some reason, such as a medical emergency or going to work at an unusual time. Furthermore, some drivers are intoxicated as a result of alcohol consumption or drug use and this can be especially problematic during the night.

What is an attractive nuisance?

It is hard not worry about your kids when you are not around. There are, after all, several attractions and elements out there in Orange County that they may find appealing yet that you know can be dangerous. Your hope is that the owners of the properties on which such attractions are found understand that children in particular may be drawn to them, and thus take the necessary steps to restrict unauthorized access to them. If such property owners do not do this, is there a way for you to hold them accountable for any injuries your kids sustain from such attractions? 

The law defines man-made attractions that can pose dangers to children as "attractive nuisances." Popular attractive nuisances may include: 

  • Swimming pools
  • Construction sites 
  • Tunnels 
  • Abandoned buildings or vehicles 

Smartphones and motor vehicle crashes

There are all sorts of risk factors when it comes to motor vehicle crashes, some of which are out of a driver’s control (such as inclement weather). However, other factors are solely a result of a driver’s carelessness, such as the consumption of drugs or alcohol behind the wheel. In the digital era, many people are addicted to their smartphones, another major problem on roadways across the country. There are a number of reasons why people use their phones and this behavior is especially dangerous on the road.

Sometimes, drivers use their smartphones to make a phone call or listen to a voicemail. In other instances, they might watch a video, browse the web, read or send a text message or even take a picture or video. One fatal crash that recently occurred even involved a driver who was live streaming via a smartphone. Sadly, the use of smartphones behind the wheel is an extremely common type of distracted driving and has claimed many lives in recent years.

Inexperienced motorcyclists and traffic accidents

Each day, motorcyclists are struck by reckless drivers who fail to drive sober, do not pay attention to the road or exhibit some other example of negligent driving. These collisions can be particularly devastating for motorcyclists, who are especially likely to become injured or lose their lives in a collision. On the other hand, some motorcycle accidents are caused by inexperienced motorcyclists, who may not have very much familiarity with riding a motorcycle. Inexperienced motorcyclists may collide with a vehicle or with another motorcyclist, which highlights how crucial it is for motorcyclists to have the experience they need to ride safely.

In some cases, an inexperienced motorcyclist may be hurt or killed in an accident caused by a negligent driver. Even though they were not responsible for the crash, they may have lacked the experience to avoid the collision. On the other hand, a motorcyclist who has spent countless hours on the road might have been able to dodge the car. When someone is relatively new to riding a motorcycle, they face many threats, including the reckless behavior of other people on the road. It is pivotal for motorcyclists of all skill levels to make sure that they seek justice following a devastating crash that was caused by a driver’s carelessness.

Can poor road maintenance cause a motorcycle crash?

Motorcyclists face many threats on roadways across the country, especially when it comes to reckless drivers such as those who are drunk, distracted or fail to pay attention to other people on the road. However, there are other reasons why a motorcyclist may be involved in a crash, such as poor road maintenance. If you ride a motorcycle, it is important to be aware of these potential risk factors whenever you take to the road.

On the State of Michigan’s website, a number of reasons why poor road maintenance can increase the likelihood of a motorcycle collision have been outlined. For example, a motorcyclist injury or death may occur when someone rides their motorcycle over debris on the road such as gravel, or over an uneven part of the road. Other risks motorcyclists face include potholes and manhole covers that have been left open. In fact, traffic light detection systems that do not register people riding motorcycles and the way in which cracks are filled can even play a role in motorcycle accidents.

Different ways a crash could impact your career

There are many different consequences associated with motor vehicle collisions and many have been examined on this blog. From physical pain and financial hurdles to fatalities, auto collisions are very devastating. However, it is important to keep in mind that there are other ways in which your life may be shattered following a wreck. For example, a motor vehicle accident may have a negative impact on your career in a number of ways.

When someone is hurt in a wreck, they might be physically unable to perform their job responsibilities. This can create problems for a matter or weeks or months, but in some cases a person is never able to work in a particular field ever again because of their injuries. Moreover, if you are involved in a crash while you are in college your grades may suffer following the wreck or you might need to drop out of college because you are not able to study, which could also derail your career plans.

Anxiety following a motorcycle accident

Motorcycle crashes can lead to many hardships in a victim’s life, whether they are facing challenges related to physical injuries or are experiencing financial burdens. From taking time off work because of immobility to being unable to pay medical bills, these are devastating consequences that have disrupted many victims’ lives. However, there are other challenges that may affect victims of motorcycle crashes, such as anxiety. A motorcyclist may be very worried about their future and uncertain about their ability to recover from a wreck, which can make things even harder.

From losing the ability to work or participate in other activities to physical pain and all sorts of financial problems, it is no wonder that many motorcycle crash victims experience anxiety. However, it is important for people in this tough position to try and prevent these feelings from interfering with their ability to recover. For example, someone who is very stressed out should not let their anxiety prevent them from taking legal action to hold accountable a reckless driver who was responsible for shattering their life. Moreover, there are different ways that victims may be able to lessen the stress they are experiencing, such as going over their legal rights and knowing what their options are.

Alcohol use and motorcycle accidents

From drivers who fail to properly pay attention to the road to patches of black ice, there are a variety of hazards that motorcyclists need to keep in mind when they get on their bike. However, the use of alcohol is especially concerning and contributes to many of the motorcycle crashes that occur each year. Alcohol intoxication is responsible for motorcyclists losing control of their bike and it is also to blame for many of the drivers who collide with motorcyclists. Sadly, more lives will be claimed to intoxicated driving in the weeks ahead, especially with Memorial Day weekend coming up.

When a motorcyclist takes to the road after drinking too much, they may be more likely to fall over while trying to turn or collide with a vehicle. For drivers, alcohol use can increase the chances of a wreck by negatively impacting reaction time and causing some drivers to have more difficulty seeing motorcyclists on the road. Unfortunately, the consequences of motorcycle collisions can be especially tragic, especially since motorcyclists are so vulnerable when they are struck by a much larger vehicle. If you were hit by someone who you suspect was drinking while you were riding your motorcycle, you should immediately go over your rights and take steps to hold them responsible for the crash they caused.

Extreme heat and pedestrian accidents

Pedestrians may find themselves in a traffic incident during any time of year, but there are certain instances where a pedestrian accident may be especially likely. During the winter, for example, a pedestrian may slip on ice or a driver may lose control after driving over a patch of ice and veer off of the road. The summer can also be a dangerous time for pedestrians and in this post, we will discuss some concerns related to summer weather and pedestrian accidents.

During a heat wave, pedestrians may feel sluggish or have more difficulty walking. For example, someone who may be jogging in order to get some exercise could become exhausted due to the extreme heat, which might interfere with their ability to avoid an oncoming car. Moreover, drivers can also become overheated, which could affect their ability to drive safely. Furthermore, in certain areas there may be more pedestrians on the road during the summer, as opposed to the winter months, when more people stay inside. For all of these reasons, it is important for drivers to be vigilant and look out for pedestrians during the summer and at all times of year.

Reckless drivers and children playing near the road

With nicer weather and summer vacation around the corner, many children are looking forward to spending more time outside. For some, this includes riding a bicycle, skateboarding in the driveway, or playing on or near the road in some other fashion. Unfortunately, this can be dangerous, especially when it comes to reckless drivers who show little regard for kids, pedestrians, and even other vehicles. If you are a parent, it is crucial to help your child stay safe and avoid dangers. Unfortunately, some accidents happen solely because of another person's negligence and in these situations it is pivotal for victims to take action.

A reckless driver could collide with a child for a number of reasons. Perhaps they are driving too fast and fail to pay attention to others who are on or near the road. Or, maybe they are under the influence of alcohol or an unlawful substance, which can severely impact their ability to drive safe. Fatigue, distractions, and many other factors can also cause a driver to collide with a child.

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