Celebrate the holidays without drinking and driving

December 9, 2014 | 9:28 am


The holidays, traveling and parties go hand in hand. But it’s important not to mix the three, unless you have a sober driver.

If you‘re celebrating with alcohol this holiday season, the Bakersfield personal injury law firm Chain | Cohn | Stiles, along with Kern County law enforcement, reminds you to drive sober, or get pulled over.

Due to the increase locally in drunken driving-related crashes and fatalities, the Bakersfield Police Department will be out in full force from Dec. 12 to Jan. 5 actively searching for impaired drivers. The DUI task force also plans to place two DUI-driver‘s license checkpoints and eight local roving DUI Saturation Patrols, the department reported.

California Highway Patrol, too, will be out in full force. The Bakersfield-area CHP will deploy officers on enhanced enforcement on State Routes 43, 46, 58, 65, 99, 119, 155, 178, 184, 204 and 223, and jurisdictional unincorporated roadways in Kern County, the agency reported.

During the holiday season in 2012, 40 percent of the drunk drivers involved in fatal crashes had at least one prior DUI on their record, according to the National Highway Traffic Safety Administration. During that same holiday period, 37 percent of the 21 to 24-year old drivers in fatal crashes were impaired. Almost one out of six drivers under the age of 21 in those fatal crashes was also drunk, even though they were too young to legally buy or consume alcohol.

Besides causing injury and harm to others on the harm, the consequences of drinking and driving include jail time, fines, loss of your driver’s license, towing fees, and other DUI expenses totaling $10,000 on average, not to mention humiliation drivers face among your family, friends and workplace.

The best way to avoid drinking and driving is to remain sober. But if you will celebrate with a few drinks, here are a few things you can do to stay safe:

  • When you know you’ll be drinking, leave your keys at home or give them to someone else.
  • Designate a sober driver ahead of time, or call a friend or family member.
  • Use public transportation or call a taxi, Uber or Lyft.
  • And if you see a drunk driver on the road, call 9-1-1. You could save a life.

Mothers Against Drunk Driving, Kern County, also reminds motorists that the most dangerous days of the year on our nation’s roadways are between Thanksgiving and New Year’s Day. This season, MADD is asking drivers to Tie One On For Safety.

Chain | Cohn | Stiles is deeply involved with the Kern County chapter of MADD, sponsoring and organizing the second “Walk/Run Like MADD” 5K in Bakersfield on Sept. 19, 2015, at the Park at River Walk. The event is aimed to raise awareness of the dangers of drinking and driving, and to raise funds for victims of DUI crashes. Learn more about the “Walk Like MADD” event by clicking here.

If you are involved in a car accident this holiday season due to the fault of a DUI-driver or another motorist, call the car accident lawyers at Chain | Cohn | Stiles at 661-323-4000. You can also visit our specialized Car Accident website by clicking here for more information.

Chain | Cohn | Stiles files lawsuit on behalf of family of jogger killed by driver who allegedly fell asleep

August 19, 2014 | 9:45 am


The Bakersfield personal injury law firm Chain | Cohn | Stiles has announced it has filed a lawsuit on behalf of the family of Jesse Rios. You can see the news release and media coverage below.

Rios was struck and killed by a truck driver while on a morning jog. The driver allegedly fell asleep at the wheel and jumped the curb where Rios was jogging. The crash investigation is ongoing.

To view media coverage of this case, click on the articles and news stories below the news release.

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Aug. 19, 2014 – NEWS RELEASE – FOR IMMEDIATE RELEASE 

Bakersfield, Calif. (Aug. 19, 2014) – By all accounts, 26-year-old Jesse Rios was a loving brother, father and son who worked two full-time jobs to take care of his family.

The East High School graduate especially loved his 4-year-old daughter Isabella, and wanted to make sure she could get all medical treatment available for her epilepsy. Jesus and his wife Clarissa would make frequent trips to Children’s Hospital Central California in Madera.

On Tuesday, July 29, while taking a morning jog, Jesse Rios was struck and killed by a truck that ran onto the sidewalk at Westholme Boulevard and Wilson Road near the Rios’ home. The driver, Eliseo Soto, 29, was behind the wheel when he allegedly fell asleep. According to media reports, he had finished a 12-hour shift at West Coast Casing Company.

“I’m heartbroken,” Clarissa Rios said. “Jesse was not just my husband. He was my best friend, my partner, my everything. There is not a minute that goes by every day where I don’t think about him. When my daughter says she misses her daddy and asks when he’ll be home, it takes everything from within me to hold back my tears. I know that going forward we have to stand together and be strong for Jesse, and my hope is that by filing this lawsuit, we will obtain justice for him.”

The Bakersfield personal injury law firm, Chain | Cohn | Stiles, has filed a wrongful death lawsuit against West Coast Casing Company on behalf of Jesse’s wife, his daughter and his mother for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of Jesse Rios.

Matthew C. Clark, lead attorney for the family, added: “The death of Jesse Rios is a tragedy in every sense of the word. He was a devoted husband to his wife, a loving father to his daughter, and a loyal son to his mother. We know that filing this lawsuit will not bring Jesse back, but our hope is that it will hold wrongdoers accountable, bring a sense of closure to his family, and help compensate them for the unthinkable loss they have all suffered.”

The Rios family has requested privacy during this time. Bakersfield Police Department is continuing its investigation of the crash.

430 Truxtun Avenue, Suite 100 – Bakersfield, CA – 93301 – Phone: 661-323-4000

CHAIN | COHN | STILES is Kern County’s leading plaintiffs’ personal injury law firm, voted Bakersfield’s “Best Law Firm” in The Bakersfield Californian’s Readers Choice Poll the last two years in a row. Our Bakersfield personal injury attorneys have represented clients from throughout the San Joaquin Valley and California for 80 years. We concentrate our efforts on protecting the rights of individuals who have been seriously injured due to the negligent, reckless or intentional conduct of another. If you have been injured due to the fault of another, you have the right to hold that person or entity accountable, no matter how rich or powerful that person or entity may be. At Chain | Cohn | Stiles, we pride ourselves on having the reputation and resources necessary to overcome the most difficult challenges while achieving the best possible results for our clients. For more information, go to chainlaw.com.

Find us on Facebook, Twitter (@chainlaw), Instagram, LinkedIn, Yelp, Pintrest and Google+

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MEDIA COVERAGE

Jogger hit, killed near Castle Elementary School (KERO-23 ABC)

Pedestrian hit by truck on Wilson Road (Eyewitness News, KBAK-KBFX 29-58)

Police: Driver likely fell asleep before hitting, killing jogger (Eyewitness News, KBAK-KBFX 29-58)

Family mourns man killed while on morning run (Eyewitness News, KBAK-KBFX 29-58)

Local runners put on event for Jesus Rios’ family (Eyewitness News, KBAK-KBFX 29-58)

Police: Driver who hit runner, fell asleep at the wheel (KGET-17, NBC)

Family remembers pedestrian killed (KGET-17, NBC)

Local runners honor man hit, killed in southwest Bakersfield (KGET-17, NBC)

Pedestrian hit by truck on Wilson Road (The Bakersfield Californian)

Truck runs onto sidewalk, kills pedestrian (The Bakersfield Californian)

‘First Look’: First News for July 30 (The Bakersfield Californian)

Family of jogger hit and killed sues driver’s company (The Bakersfield Californian) (Newspaper link HERE)

Family of jogger killed in crash files lawsuit (Eyewitness News, KBAK-KBFX 29-58)

Law enforcement, local groups in full force this Fourth of July to prevent drunk driving

July 2, 2014 | 9:54 am


UPDATE: CCS Marketing Director and MADD Kern County board member Jorge Barrientos spoke with KERO-23 (ABC) News about driving sober and safe on the Fourth of July weekend. Watch the segment here.

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Fireworks, friends, flag-waving, food and family — those are usually the ingredients for a successful Fourth of July.

Many times, Independence Day festivities also include alcohol. The Bakersfield Police Department, MADD Kern County, and the Bakersfield personal injury law firm Chain | Cohn | Stiles are reminding Kern County residents to celebrate safely this year and always.

As Bakersfield Police states, the holidays can quickly turn from festive to fatal when people choose to drink and drive. In fact, during the Fourth of July holiday period in 2012, 78 people in the United States were killed in alcohol-related crashes.

To crack down on drunk driving locally, Bakersfield law enforcement will be having its Avoid the 18 DUI Task Force in full force. MADD Kern County, too, is sharing some tips and statistics to celebrate the Fourth safely. And the attorneys at Chain | Cohn | Stiles also share some safety tips.

AVOID the 18

The Avoid the 18 DUI Task Force aggressively targets those who put lives in danger. That means every Kern County law enforcement agency is ramping enforcement this Fourth of July, according to Bakersfield Police Chief Greg Williamson.

In short, those who drink and drive will be targeted for arrest in the “Drive Sober or Get Pulled Over” campaign, which means zero tolerance for drunk driving.

The Task Force will also be deploying officers to DUI saturation patrols. The California Highway Patrol, for example, will be deploying all available officers onto freeways and county roads for its “Maximum Enforcement Period.”

The reason is because more than 10,000 people were killed in drunk-driving crashes in the United States in 2012, representing a third of all crash fatalities, according to the National Highway Traffic Safety Administration. The Fourth of July holiday period is especially deadly — there were 179 people killed in crashes in 2012, and 44 percent of those crashes were alcohol-related.

In every state, it is illegal to drive with a blood alcohol concentration of .08 percent. According to FBI statistics, more than 1.28 million drivers were arrested for driving under the influence of alcohol or narcotics in 2012. Data also shows that 46 percent of young drivers, ages 18 to 34, were drunk while driving in fatal crashes over the July 4th period in 2012.

Motorcycle drivers represented the highest percentage of alcohol impaired drivers in fatal crashes. In 2012, 27 percent of the motorcycle operators in fatal crashes had a BAC of .08 or higher.

Aside from putting your life and the lives of others at risk by drinking and driving, Kern County police remind, driving impaired can also lead to other serious consequences. A DUI arrest can mean time in jail, loss of your license, and steep financial expenses — the average DUI costs about $10,000.

Local law enforcement recommends these simple tips to prevent drunk driving:

  • Plan a safe way home before the fun begins.
  • Before drinking, designate a sober driver.
  • If you‘re impaired, use a taxi, call a sober friend or family member, or use public transportation.
  • Use Designated Driver of Bakersfield as a sober ride program.
  • If you happen to see a drunk driver on the road, don‘t hesitate to Call 9-1-1.
  • If you know someone who is about to drive or ride while impaired, take their keys and help them make other arrangements to get to where they are going safely.

MADD on Fourth of July

In anticipation of the Fourth of July holiday weekend — one of the deadliest holidays for drunk driving crashes — Uber Technologies and Mothers Against Drunk Driving launched #UberMADD, a national partnership designed to prevent drunk driving.

Uber, which connects passengers with drivers of vehicles for hire and ridesharing services, recently launched in Bakersfield, and so has its competitor Lyft. To kick off the #UberMADD campaign, Uber will donate $1 to MADD for every ride taken and $10 for every new rider in the United States between 6 a.m. on July 4 and 6 a.m. on July 5, when riders use the promotion code “UberMADD.”

MADD also urges adults to plan ahead for a non-drinking designated driver if Fourth of July plans include alcohol.

In addition to the dangers posed by drunk driving on roadways, the U.S. Coast Guard reports that alcohol was the leading factor in boating fatalities last year, contributing to 16 percent of boating deaths. Whether you’re in a car or on a boat, the dangers of drinking and driving are the same, MADD shared.

“Have a plan, designate a driver and pay attention out there,” said Carla Pearson, program coordinator and victim advocate for MADD Kern County. “It’s also important for sober drivers to pay attention to their surroundings, too. Look out for each other. We don’t need any more lives lost.”

As a reminder, MADD Kern County and Chain | Cohn | Stiles are partnering with local law enforcement and other groups in the first-ever “Walk-Run Like MADD” 5K walk and competitive run. It’s aimed to raise awareness in our own community, raise funds to stop drunken driving and underage drinking locally, and provide support to victims and survivors of drunk driving crashes.

For more information on the event, which will be held Sept. 20, read a previous blog post here, or visit the main event webpage here.

Fireworks Safety

Like driving, alcohol and fireworks also do not go together. Bakersfield safety officials here warn that if fireworks are not set off properly, the results could be devastating.

Chain | Cohn | Stiles, with the help of Bakersfield Fire Department and Kern County Fire Department, has compiled several safety tips and advice for you and your pets this Independence Day.

Read them here.

And for media coverage regarding fireworks safety, read this article in The Bakersfield Californian.

MADD, Chain | Cohn | Stiles brings together Kern County residents for inaugural Walk Like MADD event to eliminate drunk driving

May 29, 2014 | 9:23 am


A 22-year-old respiratory therapist named Princess, who was the primary provider for her family. A 25-year-old pregnant mother-to-be. A 6-month-old daughter, and sister to a twin. What do all of these people have in common?

These are just some of the innocent lives taken away from Bakersfield this year at the hands of people driving under the influence. In 2014 thus far, Kern County has witnessed seven fatal crashes involving DUI drivers, according to Bakersfield Police Department and California Highway Patrol statistics. In 2013, Kern saw 15 DUI-related fatalities. They are statistics, arrests and tragedies that could have been 100 percent preventable – choices were made by people to get behind the wheel while intoxicated. That decision affected entire families and communities.

In an effort to raise awareness in our own community, raise funds to stop drunken driving and underage drinking locally, and provide support to victims and survivors of drunk driving crashes, the Bakersfield/Kern County affiliate of Mothers Against Drunk Driving will host its first-ever “Walk/Run Like Madd” 5K at 6:30 a.m. on Saturday, Sept. 20, at Park at River Walk.

“This is our moment to say enough is enough,” said Carla Pearson, program coordinator and victim
advocate for Mothers Against Drunk Driving, Kern County. “We need to stop this madness on our
roadways.”

For Pearson, she knows too well the negative effects of drinking and driving. In 2002, her stepson, 23-year-old Adam Pierce, was killed by a repeat DUI offender. Following that tragedy, Pearson campaigned for victim’s rights in and out of the courtroom, and to take DUI offenders off of the streets. Her fight led to changes in California law in 2002 (Adam’s Law: AB 2173, VC 23593) that warned convicted DUI offenders that if they drove while drunk and someone died, they could be charged with murder.
Since 2011, MADD Kern County has assisted in more than 500 cases involving felony, injury and
fatal DUIs.

Today, Pearson is bringing the 5K walk and run to Kern County in hopes that local residents can help make a change in our community.

“The stories are still in the news, and we’re not getting it. Our community members are being killed by people’s wrong choices,” Pearson said. “We need to bring awareness. We need to make a change.”
Pearson is backed in this inaugural event by several local agencies including the Kern County District Attorney’s Office, Bakersfield Police Department, California Highway Patrol and sponsors including the Bakersfield personal injury law firm Chain | Cohn | Stiles.

Walk Like MADD events are taking place in cities across the country, but ths is a first for Bakersfield. Registration is $15 for those ages 5-21, and $20 for those who are 21 and older. Corporations and groups are encouraged to form teams of 10 or more, and are asked to raise $100 each through donations. The goal in this inaugural walk and run is to raise $25,000 locally.

Individuals can participate in Walk Like MADD in three ways:

1) You can register to walk as an individual or form a team.
2) If you unable to attend, you can sign up online to raise money as a virtual walker.
3) Or, you can give a one-time donation to Walk Like MADD.

To sign up, donate or for more information, go to the local walk-run portal HERE.

You can also Google “Bakersfield Walk Like MADD” or search on Facebook: “Bakersfield Walk Like MADD.”

For more local information on the walk-run, to get in touch with local victims and/or families of victims, or if you’re interested in becoming a sponsor, contact Jorge Barrientos at 661-334-4948, jbarrientos@chainlaw.com.

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ABOUT MOTHERS AGAINST DRUNK DRIVING
Founded by a mother whose daughter was killed by a drunk driver, Mothers Against Drunk Driving (MADD) is the nation’s largest nonprofit working to protect families from drunk driving and underage drinking. With the help of those who want a safer future, MADD’s Campaign to Eliminate Drunk Driving will end this danger on America’s roads. PowerTalk 21 is the national day for parents to talk with their kids about alcohol, using the proven strategies of Power of Parents® to reduce the risk of underage drinking. And as one of the largest victim services organizations in the U.S., MADD also supports drunk and drugged driving victims and survivors at no charge, serving one person every 8.6 minutes at 1-877-MADD-HELP. Learn more at www.madd.org or call 1-877-ASK-MADD.

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SOBERING FACTS

MOTHERS AGAINST DRUNK DRIVING

  • MADD is a nonprofit, grassroots organization with more than 2 million members and supporters nationwide.
  • It was founded in 1980 by a mother whose daughter was killed by a drunk driver.

DRUNK DRIVING IN BAKERSFIELD/KERN COUNTY

  • In 2014 thus far, Kern County has witnessed seven fatal crashes involving DUI drivers, according to Bakersfield Police Deparment and California Highway Patrol statistics.
  • In 2013, Kern saw 15 DUI-related fatalities.

DRUNK DRIVING IN CALIFORNIA

  • In 2012, California saw 802 drunk driving fatalities where drivers had .08 BAC or higher.
  • That represents nearly 30 percent of all total traffic deaths, and a nearly 4 percent increase from the year before.

DRUNK DRIVING IN THE UNITED STATES

  • In 2012, 10,322 people died in drunk driving crashes nationwide – one every 51 minutes.
  • Drunk driving makes up one-third of all highway fatalities in the United States.
  • Almost every 90 seconds, someone is injured in a drunk driving crash.
  • One in three people will be involved in drunk driving crash in their lifetime.
  •  Teen alcohol use kills about 4,700 people each year, more than all illegal drugs combined.

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EVENT INFORMATION

WHAT: The Kern County/Bakersfield affiliate of Mothers Against Drunk Driving (MADD) hosts its signature “Walk Like MADD” 5K fundraising walk and run on Saturday, Sept. 20, at The Park at River Walk. Local families, friends and co-workers will walk to raise funds and show support for MADD’s “Campaign to Eliminate Drunk Driving.”

Funds raised through Walk Like MADD help further MADD’s life-saving mission and the Campaign to Eliminate Drunk Driving, which calls for such things as high-visibility law enforcement, ignition interlocks for all convicted drunk drivers and support for the development of advanced in-vehicle technology to prevent a drunk driver from operating the vehicle. Funds also support victims and survivors of drunk-driving crashes.

The timing for Walk Like MADD is significant because Bakersfield and Kern County have been host to one too many fatal DUI crashes in recent years.

WHEN: 6 a.m. Saturday, Sept. 20, 2014; Pre-walk remarks begin at 6:30 a.m.; Walk begins at 7 a.m.

WHERE: The Park at River Walk, 11200 Stockdale Highway in Bakersfield.

WHY: In 2014 thus far, Kern County has witnessed seven fatal crashes involving DUI drivers, according to Bakersfield Police Department and California Highway Patrol statistics. In 2013, Kern County saw 15 DUI-related fatalities. Nationwide, more than 10,000 people were killed in 2012 and another 345,000 people were injured in drunk-driving crashes.

VISUALS: Families of victims of drunk-driving crashes, supporters, law enforcement personnel and
other community members walking and running for the cause.

SIGN UP: Go HERE

CONTACT: Jorge Barrientos, Marketing Director: 661-334-4948, jbarrientos@chainlaw.com

Chain | Cohn | Stiles responds to Kern County District Attorney decision on Silva case

April 11, 2014 | 4:15 pm


Chain | Cohn | Stiles on Friday released the following news release after Kern County District Attorney Lisa Green announced that her office would not be seeking criminal charges against the law enforcement officers involved in the death of David Silva, represented by this firm:

Below the release are links to media coverage of the announcement, and the response from Chain | Cohn | Stiles.

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April 11, 2014                                                                                                       

NEWS RELEASE

FOR IMMEDIATE RELEASE

Attorney in David Silva case calls Kern County District Attorney’s Office decision a disappointment

The attorney for the family of David S. Silva on Friday called the decision by the Kern County District Attorney’s Office a disappointment, following its decision to not file charges against officers that beat and hogtied him before he died.

“This is the reason we need an independent advisory panel evaluating these types of cases,” said David K. Cohn, managing partner with Chain | Cohn | Stiles and attorney representing the Silva family. “Kern County District Attorney’s Office personnel work with these agencies every day, and they’re the ones in charge of prosecuting cases for them. Apparently, the way it works in Kern County is that unless they catch the officers red-handed, nothing will happen. It appears that they look for ways not to prosecute.”

Cohn continued: “Given that we do not have an independent panel in place to investigate, that’s the reason we filed a lawsuit in this case on behalf of the Silva family.  Through this lawsuit, we believe the truth will come out. We have the ability to question these officers under oath. We’ll be more thorough in this investigation than any investigation that the Kern County District Attorney’s Office has done thus far. We won’t just rely on the investigative reports prepared by the Sheriff’s office, which are self-serving, one-sided versions of the events leading up to David Silva’s tragic death.”

Chain | Cohn | Stiles has filed a civil rights lawsuit in connection with the wrongful death of David Silva in May 7, 2013. The lawsuit arises out of an incident at the intersection of Flower Street and Palm Street in Bakersfield, when David Silva died as a consequence of unreasonable and excessive force used by six Sheriff’s deputies, a sergeant, and two California Highway Patrol officers.

The complaint seeks damages on behalf of David’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of the decedent, David Silva.

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Meanwhile, local, state and national news media has been covering the announcement and response. Here are some of those articles and videos. 

 

The Bakersfield Californian: Prosecutors won’t file charges in David Silva’s death, Letters to the Editor

KERO-23, ABC: Attorney in David Silva case calls Kern County District Attorney’s Office decision a disappointment

KBFX-58, KBAK-29, FOX: Kern County prosecutor: No charges in Silva in-custody death 

KGET-17, NBC: District attorney: No charges to be filed in David Silva case

KGET-17, NBC: DA: No charges for deputies in deadly Silva confrontation

KERO-23, ABC: Kern County District Attorney will not file charges in the alleged beating death of David Silva

CBS-2, KCAL-9, Los Angeles: No Charges Filed Against Deputies In Bakersfield Arrest Death

San Francisco Chronicle: No charges filed in Kern County arrest death