Two-wheeled transportation safety tips for bike, motorcycle month and beyond

May 31, 2017 | 10:18 am


May is National Bike Month as well as National Motorcycle Safety Awareness Month, where we celebrate the benefits of riding on two wheels, while remembering the dangers of doing so and measures to help keep everyone as safe as possible.

California is ranked No. 4 in the United States for percentage of commuters who bike to work, according to the 2016 Benchmarking Report by the Alliance for Walking & Biking. California was also above the state average in commuters who walk, bike or take public transit to work, and in getting 150 minutes or more of aerobic exercise.

But the increase of people enjoying life on two wheels has unfortunately led to an increase of bicycle and motorcycle accidents on our roadways.

The National Highway Traffic Safety Administration reported 818 bicycle fatalities in 2015 in the United States, which was a 12 percent rise from the previous year. Nearly 40 percent of all these fatalities were influenced by alcohol. To combat this disturbing trend, California has passed legislation, including the “Move Over Law” which requires motorists to have a 3-foot space from cyclists. Read more about that law here.

At Chain | Cohn | Stiles, we believe we should all share the road, and be extra careful when driving around motorcyclist and bicyclists.

Our law firm has been a proud partner of Bike Bakersfield, whose mission it is to promote bicycling as a safe, fun and environmentally-friendly means of everyday transportation. Recently, Chain | Cohn | Stiles served as a sponsor for Project Light Up The Night, where volunteers hand out hundreds of free bicycle lights in various locations throughout Bakersfield. The law firm also donated 100 safety helmets to east Bakersfield students during a Bike Bakersfield “Kidical Mass,” which featured bike repairs, safety demonstrations, and a group bike ride.

We ask you, the reader, to take responsibility in making sure our roadways are safe for cyclist and motorist alike. Here are a few tips on how we can make cycling, riding and driving in Bakersfield safer and more enjoyable:

Rules of the Road for All

  • Know the Rules of the Road: Bicycles and motorcycles are considered vehicles on the road with all the rights and responsibilities of automobiles.
  • Be Predictable: Ride in a straight line, use signal turns, and signal lane changes.
  • Be Easily Seen: Dress “bright and tight,” which means being seen, and not getting tangled up in your bike.
  • Think Ahead: Anticipate what other motorists will do next, whether it’s turning, braking or accelerating.
  • Ride Ready: Make sure everything on your bicycle is in working condition.
  • Ride and Drive Focused: Never ride or drive distracted.
  • Safety First: Always wear a helmet when on a bicycle or motorcycle, and a seat belt when in a vehicle. A DOT certified helmet is recommended for riders. Cyclists should consider a horn or bell to get others’ attention, as well as reflectors. Motorcyclists should make sure headlights and taillights are in working order, too.
  • Alcohol and Drug-Free: Never get behind the wheel (or wheels) under the influence of any substance.

For more bicycle and motorcycle safety tips, click here to read previous Blogging for Justice posts related to two-wheel safety.

 

— Michael Earnest for Chain | Cohn | Stiles

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If you or someone you know has been injured in a bicycle accident, please call the attorneys at Chain | Cohn | Stiles as soon as possible at (661) 323-4000, or visit the website chainlaw.com.

New Year, new laws in California for safer streets

December 28, 2016 | 11:51 am


In California, the New Year also means new laws.

And for 2017, several new transportation-related laws, and changes to existing laws, are taking effect starting Jan. 1. Many of them are aimed to keep drivers safer on our streets, including addressing the use cell phones in cars, child safety seats, and motorcycle lane splitting.

The accident and injury law firm Chain | Cohn | Stiles wanted to share some of these changes ahead of the New Year. Learn a little more about them below here, courtesy of the California Department of Motor Vehicles:

Use of Electronic Wireless Devices (AB 1785): Driving a motor vehicle while holding and operating a cellphone will be prohibited, unless the device is mounted on a vehicle’s windshield or is affixed to a vehicle’s dashboard or center console where it does not block the driver’s view of the road. According to the Sacramento Bee, “the law is designed to stop people from holding their phones for a variety of uses that have become popular in recent years, including checking and posting on Facebook, using Snapchat, scrolling through Spotify or Pandora playlists, typing addresses into the phone’s mapping system, or making videos and taking photos.”

A recent California Office of Traffic Safety study found that one out of eight drivers pays as much attention to his or her smartphone as on the road. Distracted driving accounts for some 80 percent of crashes.

Child Safety Seats (AB 53): This law requires a parent, legal guardian, or the driver of a motor vehicle to properly secure a child who is younger than 2 years of age in an appropriate rear-facing child passenger restraint system, unless the child weighs 40 or more pounds or is 40 or more inches in height.

Motorcycle Lane Splitting (AB 51): This law defines “lane splitting” as driving a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane. The law authorizes the California Highway Patrol to develop educational guidelines on lane splitting to help ensure the safety of all motorists. CHP would have to consult with safety agencies and organizations to craft the guidelines for motorcycle lane splitting.

DUI ‘Ignition’ Interlock Devices (SB 1046): This bill extends a pilot program that requires most convicted DUI drivers to install ignition interlock devices, which prevent them from operating a motor vehicle while under the influence. Under the law, the DUI offender is able to obtain a restricted driver’s license, have their license reissued, or get their motor vehicle privileges reinstated on the condition that they install a device in their vehicle for a prescribed amount of time. The bill extends the pilot program in four California counties — Kern County not being one of them — before it expands to the entire state on Jan. 1, 2019.

Chain | Cohn | Stiles is actively involved with Mother Against Drunk Driving, Kern County.

Accident Reporting (SB 491): This law increases the minimum financial threshold for property damage that is required to be reported to the DMV from $750 to $1,000 when a driver is involved in a motor vehicle crash.

Vehicle Safety Recalls (AB 287): This law, called the Consumer Automotive Recall Safety (CARS) Act, requires the DMV to include a general advisory regarding vehicle recalls and needed repairs on each vehicle registration renewal notice. This law also bans a dealer or a rental car company from renting or loaning a vehicle with a manufacturer’s recall until the vehicle has been repaired.

Installing Counterfeit or Nonfunctional Air Bags (AB 2387): This law prohibits knowingly and intentionally manufacturing, importing, installing, reinstalling, distributing, or selling any device intended to replace an air bag system in any motor vehicle if the device is a counterfeit or nonfunctional air bag system, or does not meet federal safety requirements. This violation is a misdemeanor punishable by a $5,000 fine and/or up to a one year in county jail.

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If you or someone you know is involved in a motor vehicle accident at the fault of another, please call the accident and injury lawyers at Chain | Cohn | Stiles at (661) 323-4000, or visit the website chainlaw.com.

Chain | Cohn | Stiles responds to Kern County DA’s office decision to not file charges in wrongful death case

March 16, 2016 | 7:55 am


The attorneys at Chain | Cohn | Stiles responded to the recent decision by the Kern County District Attorney’s Office to not pursue criminal charges against the deputy involved in the fatal crash in Bakersfield that killed motorcyclist Larry Maharrey.

Chain | Cohn | Stiles has filed a wrongful death claim related to the crash. On July 14, Larry Maharrey was driving his motorcycle eastbound on Norris Road, when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive directly into Maharrey’s path. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash.

Deputy Gomez violated KCSO policies and procedures by failing to pre-clear the intersection before turning left against a red light. And the California Highway Patrol Multidisciplinary Accident Investigation Team suggested a vehicular manslaughter charge against Gomez.

The widow of Larry Maharrey, Paula Maharrey, as well as Chain | Cohn | Stiles attorney Matthew Clark, shared their statements with local media regarding the District Attorney’s Office decision to not file charges against Sgt. Gomez in the fatal crash:

PAULA MAHARREY, WIDOW

“I’m very disappointed by the District Attorney’s refusal to prosecute Sgt. Gomez. My family is upset by the fact that the District Attorney and Sgt. Gomez are both employees of the County of Kern. It appears that one county agency is defending another, and it screams of a conflict of interest. We wish that an independent investigating agency such as the state Attorney General’s Office would look into this matter. We are also saddened by the fact that the needless loss of my husband’s life will do nothing to discourage this kind of reckless driving in the future.”

MATTHEW CLARK, ATTORNEY

“I, like my clients, are very disappointed in the Office of the District Attorney’s decision not to prosecute Sgt. Gomez. We’ve had four innocent lives lost in the county in the last four years due to the reckless driving exhibited by some employees of Kern County Sheriff’s Department. This is the most offensive kind of loss of life in light of the fact that people are being killed by those very officers who have taken on a duty to protect them.

“In an approximately 250-page report, the CHP Multidisciplinary Accident Investigation Team concluded that Sgt. Gomez’s conduct substantiated a violation of California Penal Code Section 192 (c) (2) – Misdemeanor Vehicular Manslaughter. The District Attorney’s decision not to prosecute appears to be in conflict of interest given the fact that the District Attorney and Sgt. Gomez are both employees of the County of Kern.

Without question, Sgt. Gomez conduct in this case was in violation of Kern County Sheriff’s Office policy regarding emergency driving in that he failed to pre-clear the lanes of the intersection. His failure to do so killed Larry Maharrey. The failure to prosecute sends the wrong message to law enforcement, suggesting that they are above the law.”

MEDIA COVERAGE

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Testimonial videos: Former clients speak about their experience at Chain | Cohn | Stiles

February 17, 2015 | 10:41 am


The attorneys and staff at Chain | Cohn | Stiles take pride in their unwavering commitment to all clients.

When handling sensitive cases with distraught clients, the law firm employees take it upon themselves to treat clients not simply as case numbers, but as their own loved ones in times of need. As such, attorneys and staff answer all questions and concerns in a timely manner while making sure every client is aware of his or her legal options. It’s no wonder most new clients to the law firm come at the recommendation of former clients, and referrals.

Chain | Cohn | Stiles invites you to view real testimonials from clients who have retained the Bakersfield personal injury lawyers to represent them in times of hardship. Recently, several former clients were interviewed on camera to share their experience at the Bakersfield-based law firm. Meet them here:

CINDEE

Cindee suffered major injuries when she was involved in a car accident due to the fault of another driver. While she lay in the hospital, Cindee’s husband called the law firm. Chain | Cohn | Stiles lawyer Matt Clark visited her in the hospital, took the case, and received a substantial settlement for Cindee and her family.

“It’s an emotional journey to go through, but it’s very nice to know that you have somebody like Matt Clark representing you, and he’s going to take care of things so that you can get on with your life. So that you can get back, and enjoy your family, and get well and get back to work.”

Watch Cindee’s video testimonial here.

JOE

A pick-up truck pulled in front of Joe as he rode his motorcycle to work, which caused him to lose control, fly off the motorcycle and suffer major injuries. Chain | Cohn | Stiles came to his aid.

“There was never a time I didn’t have a question answered … If indeed I needed them again, they would be the ones to talk to,” Joe said. “If they take your case, they’re taking it for a reason.”

Watch Joe’s video testimonial here.

DOLORES 

Dolores was carrying a box while working when she slipped, fell and injured herself. She hired an attorney outside of Bakersfield, who was unable to help her in her case. Later, she hired Chain | Cohn | Stiles.

“They always communicated everything,” she said in Spanish. “If you call them with any question, they’ll always call you back as soon as possible. And we won our case, thank God.”

Watch Dolores’ video testimonial in Spanish here.

LOREEN

Loreen was injured when the car she was driving was crashed into by an uninsured motorist. She chose an attorney from the phone book, who was unable to help her in her case over two years. Eventually, she discussed her situation with Chain | Cohn | Stiles’ David Cohn, who took Loreen’s case.

“Within just months, it was completely settled,” she said.

Watch Loreen’s video testimonial here.

MARILYN

Marilyn was driving home when she was involved in a car accident, and suffered major injuries. Her husband called Chain | Cohn | Stiles, which took her case.

“They made me feel comfortable,” Mariyln said. “They reassured me that I didn’t need to worry about it.”

Watch Marilyn’s video testimonial here.

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To read more client testimonials, visit the Client Testimonials page here. And to watch more videos, visit the Media Center page here.

Motorcycle safety: Be aware, share the road, ride sober

July 11, 2014 | 9:57 am


Two recent motorcycle accidents resulting in fatalities have local law enforcement officers and safety officials urging drivers and motorcycle riders to be more aware and alert while on Bakersfield roads, according to media reports.

Last month, a Bakersfield woman died after she crashed into a car when it turned in front of her motorcycle. The driver of the car did not see the motorcycle, California Highway Patrol officials reported.

Then, earlier this week, a Tehachapi man was killed when he crashed into a big rig that had turned into his path. The motorcyclist, who had the right of way, dropped his bike to its side to avoid the collision, but it was not enough to avoid impact, according to CHP reports.

Safety officials say it’s important for all drivers on the road to pay attention, share the road and ride sober. All motorists are reminded, by the National Highway Traffic Safety Administration for example, to safely share the road with motorcycles and to be extra alert to help keep motorcyclists safe. Motorcyclists, too, must do what they can to make themselves visible to other motorists.

Also, statistics show that the percentage of intoxicated motorcycle riders in fatal crashes is greater than the percentage of intoxicated drivers on our roads. For this reason, the safety administration urges all motorcycle riders to always ride smart and sober.

A national report by the safety administration on motorcycle safety lists 82 recommendations. To read those, go here.

The Bakersfield personal injury lawyers at Chain | Cohn | Stiles, too, advises Kern County motorists of all sorts to drive safe. Additionally, it’s important for all motorcycle riders to wear helmets, as is required by law in California.

But if the unexpected happens, the motorcycle accident attorneys at Chain | Cohn | Stiles have the knowledge and expertise to deal with cases involving motorcycle accidents. If you or someone you know has been involved in a motorcycle-related accident, contact the law firm immediately.

The law firm has compiled several frequently asked questions and answers related to motorcycle accidents. Read some of them below, and all of them at Chainlaw.com.

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Is an investigation of my motorcycle accident case important?

It is critical. Since there is almost a presumption in the general public that motorcyclists assume the risk for their own injuries and they are usually at fault for causing accidents, it is essential that a quick and thorough investigation is performed to establish fault on other responsible people or entities and to establish that the motorcyclist did little or nothing to contribute to the accident.

Investigation should consist of an examination of the scene, an examination of the instrumentalities that were involved in the accident, obtaining statements from witnesses and obtaining the reports from investigating agencies. Of prime importance is maintaining the motorcycle and helmet in the exact condition they were in at the moment when the motorcyclist came to rest after an accident.

How long do I have after my accident to file my motorcycle injury case?

A motorcycle accident and/or wrongful death action, under California law, must be brought within two years of the date of the accident.

In cases against public entities, a claim must be filed against the public entity within six months from the date of the accident. If the plaintiff is a minor, a minor has until their 19th birthday to bring a case unless there is a government claim in which a minor should bring the claim within six months of the accident, or one year at the latest.

Is it important to retain an attorney for my motorcycle accident case?

Yes, if the motorcycle accident has resulted in a serious injury or death. Without an attorney, there will always be an assumption that the motorcyclist was at fault and evidence will be gathered by the other side to support that contention. You need to hire an attorney to perform investigation and retain the right experts to prove your case and your injuries. Further, through the litigation, an attorney will be able to cross-examine witnesses against you and hopefully turn their testimony to your favor.