New year, new laws for California drivers, bicyclist, scooter riders

January 2, 2019 | 11:10 am


As usual, the New Year brings about new laws to California. And for 2019, several new laws involve measures that affect most of us in the state: driving safety, civil rights, sexual harassment in the workplace, and more. Here are short descriptions of some of these new laws, many of which are a focus for us at Chain | Cohn | Stiles:

 

TRAFFIC SAFETY

DUI Devices (SB 1046): Drivers who have been convicted of two DUIs will have to install breathalyzers, or ignition interlock devices, in order to start their vehicles. This allows drivers to keep their driving privileges instead of having their licenses suspended. Industry experts say ignition interlocks show a 74 percent reduction in repeat DUIs.

Motor Scooters (AB 2989): Helmets are no longer required for motorized scooter riders over 18 or older. Motorized scooters are also allowed on Class IV and Class II bike paths. It is still illegal to ride a motorized scooter on a sidewalk. The law also allows scooters to ride on roads with speed limits up to 35 mph. Learn more about scooter safety by clicking here.

Bike Hit & Run (AB 1755): Hit-and-run laws will be expanded to include bicyclists on bike paths. That means, if a bicyclist hits a person, resulting in a death or injury, the bicyclist must stay at the scene. The bicyclist can be held accountable, CHP said. Learn more about bicycle safety here.

Helmet Safety (AB 3077): Anyone younger than 18 not wearing a helmet on a bicycle, scooter, skateboard or skates will be issued a “fix-it” citation. If the minor can show they took a bicycle safety course and has a helmet that meets safety standards within 120 days, the citation will be non-punishable.

Loud Vehicles (AB 1824): Drivers in a vehicle or motorcycle with an excessively loud exhaust will be fined. Previously, they would have been cited with a “fix-it” ticket.

 

CIVIL RIGHTS & POLICE TRANSPARENCY

Body Cameras (AB 748): Requires that body camera footage be released within 45 days of a police shooting, or when an officer’s use of force causes death or great bodily harm.

Police Records (SB 1421): Allows public access to police records in use-of-force cases, as well as investigations that confirmed on-the-job dishonesty or sexual misconduct.

 

EMPLOYMENT LAW & SEXUAL HARASSMENT

Reporting Harassment (AB 2770): Protects employees who report sexual harassment allegations without malice from liability for defamation of the people they accuse. Also, allows employers to indicate during reference checks whether an individual has been determined to have engaged in sexual harassment.

Nondisclosure (SB 820): Bans nondisclosure agreements in sexual harassment, assault and discrimination cases that were signed on or after Jan. 1, 2019.

Settlement Agreements (AB 3109): The law invalidates any provision in a contract or settlement agreement that waives a person’s right to testify in an administrative, legislative or judicial proceeding concerning alleged criminal conduct or sexual harassment.

Harassment Protections (SB 224): Expands employee harassment protections to include those who are not only employers but who could help establish a business, service or professional relationship. This could include doctors, lawyers, landlords, elected officials and more.

Burden of Proof (SB 1300): Expands liability under the Fair Employment and Housing Act, or FEHA. It lowers the burden of proof to establish harassment and provides stricter guidance on what is or isn’t unlawful harassment. It also expands protections from harassment by contractors, rather than just sexual harassment. Defendants can’t be awarded attorney’s costs unless the action was frivolous. It prohibits release of claims under FEHA in exchange for a raise, a bonus or as a condition of employment or continued employment.

Harassment Training (SB 1343): Requires employers with five or more employees to provide two hours of sexual harassment prevention to all supervisory employees and at least one hour of sexual harassment training to nonsupervisory employees by Jan. 1, 2020. Training should take place every two years after that. Employers also need to make the training available in multiple languages.

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If you or someone you know is injured in an accident in an accident at the fault of a DUI driver, sexually assaulted, or had their civil rights violated, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or chat with us online at chainlaw.com.

Bike Bakersfield, Chain | Cohn | Stiles provides free helmets, bicycle lights, safety lessons through 2018 ‘Project Light up the Night’

November 7, 2018 | 8:26 am


With Daylight Saving Time in full swing, it’s more important than ever for drivers to be careful while commuting to and from work in the dark, and for pedestrians and bicyclists to make sure they are visible.

In fact, thousands of children in Kern County will walk, bike, wait at the bus stop, and even drive to school in the extended dark periods. Others may exercise, walk their pets, or drive about in the evening hours. Safety advocates argue that Daylight Saving Time increases pedestrian and bicycle injuries, car accidents, and deaths.

Enter Project Light up the Night. The annual program hosted by the local bicycle advocacy nonprofit aims to make Kern County’s roads a little safer for drivers and cyclists by giving out free bicycle lights, helmets, and safety lessons at various locations throughout Bakersfield and Kern County.

Chain | Cohn | Stiles is proud to support Project Light up the Night each year by providing the helmets and lights, and are joined by Kern Family Health Care as a sponsor of the program.

“We all need to understand the added dangers that come with the commuting in the dark,” said David Cohn, managing partner with Chain | Cohn | Stiles. “Drivers need to be extra careful to watch out for pedestrians and cyclists, and they need to make sure they’re seen by motorists.”

Bike Bakersfield representatives will be handing out the free helmets and lights on select Thursdays throughout Kern County. Bicyclists must have their bicycle on hand to receive a safety light and helmet. The 2018 dates this year are as follows:

  • 6-8 p.m. on Thursday, Nov. 1, at Bike Bakersfield (1708 Chester Ave.)
  • 6-8 p.m. on Thursday, Nov. 8, at Standard Park (301 E. Minner Ave.)
  • 6-8 p.m. on Thursday, Nov, 15, at Greenfield Resource Center (5400 Monitor St.) and Bike Arvin (1241 Bear Mountain Ave.)
  • 6-8 p.m. on Thursday, Nov. 23, in location to be determined.
  • 6-8 p.m. on Thursday, Nov. 29, in location to be determined.

Exact locations are to be determined. Stay tuned to the Bike Bakersfield Facebook page or Twitter page for details.

California law states that any cyclist riding at night needs to have a white headlamp, a red rear reflector, white or yellow reflectors on the pedals, and white or yellow reflectors on each side. The safety equipment is vital, especially in Bakersfield and Kern County, which has seen a rash of bicycle-related accidents in recent years.

In fact, earlier this year, the City of Bakersfield announced a “Bicyclist and Pedestrian Safety Plan,” a partnership with California Department of Transportation to examine the city’s roadways and determine which are the most dangerous to bicyclists and pedestrians. The goal was to recommend design improvements, including more bike lanes, more signage, and new pedestrian and bike paths away from traffic.

For years, Chain | Cohn | Stiles has advocated and fought to raise awareness of bicycle, pedestrian and driver safety throughout the streets Bakersfield and Kern County.

AAA offers several tips for motorists, bicyclists, and pedestrians traveling at night. Here are just a few of them:

DRIVERS

  • Slow down.
  • Keep vehicle headlights and windows clean.
  • Do not use high beams when other cars or pedestrians are around.
  • Yield the right of way to pedestrians in crosswalks and do not pass vehicles stopped at crosswalks.

PEDESTRIANS AND BICYCLISTS

  • Cross only at intersections. Look left, right and left again and only cross when it is clear. Do not jaywalk.
  • Cross at the corner, and not in the middle of the street or between parked cars.
  • Avoid walking in traffic where there are no sidewalks or crosswalks. If you have to walk on a road that does not have sidewalks, walk facing traffic.
  • Evaluate the distance and speed of oncoming traffic before you go out into the street.
  • Wear bright colors or reflective clothing if you are walking or biking near traffic at night. Carry a flashlight when walking in the dark.
  • Avoid listening to music or make sure it is at a low volume so you can hear danger approaching.
  • Bicycle lights are a must-have item for safe night riding.

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If you or someone you know is involved in a bicycle accident at the fault of someone else, please contact the lawyers at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com to submit a contact form.

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MEDIA COVERAGE

Pedestrian Safety Month: As pedestrian accidents climb locally, we all have a responsibility to share the road

September 5, 2018 | 9:37 am


Pedestrian deaths are on the rise in Kern County and California, according to the Bakersfield Police Department.

In 2016, 867 pedestrians were killed and more than 14,000 were injured on California roadways alone. Since 2012, pedestrian deaths have increased by nearly 33 percent, growing substantially faster than any other type of traffic-related death, BPD statistics show.

And in the City of Bakersfield, 47 pedestrians have been killed and another 473 pedestrians have been injured over the past three years.

This month for Pedestrian Safety Month, Chain | Cohn | Stiles, along with local and state agencies and community partners throughout Kern County, are urging pedestrians and drivers alike to be aware of each other at all times, and share the road responsibly.

“We all have a responsibility watch out for everyone’s well-being while walking, cycling, and driving,” said Matt Clark, senior partner and attorney at Chain | Cohn | Stiles. “More often than not, these accidents are preventable. Pedestrian safety depends on safe walking habits, and safe driving habits as well.”

As an example, 12 pedestrians were killed when crossing the street outside of a crosswalk last year.

This month, Bakersfield Police Department is sending out special unit officers to patrol areas with the highest incidences of pedestrian collisions in Bakersfield. Officers are on the lookout for unsafe pedestrian crossings, as well as poor driving. Those areas include:

  • Union Avenue between Brundage Lane and 21st Street.
  • Wible Road and New Stine between White Lane and Stockdale Highway.
  • Ming Avenue between Hughes Lane and Gosford Road.

In February, the City of Bakersfield announced a “Bicyclist and Pedestrian Safety Plan,” a partnership with California Department of Transportation to examine the city’s roadways and determine which are the most dangerous to bicyclists and pedestrians. The goal was to recommend design improvements, including more bike lanes, more signage, and new pedestrian and bike paths away from traffic.

For years, Chain | Cohn | Stiles has advocated and fought to raise awareness of bicycle, pedestrian and driver safety throughout the streets Bakersfield and Kern County. Each fall, Chain | Cohn | Stiles partners with Bike Bakersfield to give away hundreds of free bicycle lights and over 100 safety helmets throughout Kern County.

This month and always, keep in mind these safety tips to keep everyone on our streets safe, whether you’re walking, riding a bike, or driving:

Pedestrians:

  • Be obvious and predictable, crossing at crosswalks or intersections only, walk facing traffic and as far from traffic as possible if there is no sidewalk
  • Make eye contact with drivers; never assume a driver sees you
  • Look left-right-left before stepping into a crosswalk. Having a green light or the “WALK” signal does not mean that it is safe to cross
  • Look for cars baking up, including white backup lights or signs the vehicle is running.
  • Don’t dart out between parked cars
  • Avoid distractions. Don’t walk and use your phone at the same time
  • Wear bright clothing during the day and reflective materials at night
  • Be predictable. Follow the rules of the road, cross at crosswalks or intersections, and obey signs and signals.
  • Walk facing traffic, and if there is no sidewalk, walk as far from traffic as possible.
  • Pay attention to the traffic moving around you. This is not the time to be texting or talking on a cell phone.
  • Make eye contact with drivers as they approach. Never assume a driver sees you.
  • Wear bright clothing during the day and reflective materials (or use a flashlight) at night.
  • Look left, right, and then left again before crossing a street.

Drivers

  • Look out for pedestrians, especially in hard-to-see conditions such as at night or in bad weather.
  • Slow down and be prepared to stop when turning or entering a crosswalk where pedestrians are likely to be.
  • Stop at the crosswalk stop line to give drivers in other lanes an opportunity to see and yield to the pedestrians, too.
  • Be cautious when backing up; pedestrians, especially young children, can move across your path.

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If you or someone you know is injured in a bicycle or pedestrian accident at the fault of someone else, please contact the lawyers at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com.

‘Bicyclist and Pedestrian Safety Plan’ aims to decrease accidents, deaths in Bakersfield

February 21, 2018 | 10:13 am


Pedestrian and bicycle accidents and fatalities have been climbing year after year in Kern County, with 42 deaths reported in the county in 2017, according to the Kern County Sheriff’s Office.

In Bakersfield alone, the Bakersfield Police Department has investigated 49 fatal and injury collisions involving pedestrians during the past three years, and saw an astonishing 21 pedestrian deaths and three bicycle accident fatalities in 2017, according to the City of Bakersfield.

The fact of the matter is that one pedestrian or bicycle accident is one too many, and likely preventable. For this reason, the Bakersfield-based accident and injury law firm Chain | Cohn | Stiles is glad to see the City of Bakersfield’s recent announcement that it is moving forward in developing a plan that aims to reduce injuries and fatalities of bicyclists and pedestrians.

The “Bicyclist and Pedestrian Safety Plan” — a partnership with California Department of Transportation — will examine the city’s roadways to determine which are the most dangerous to bicyclists and pedestrians and recommend design improvements, including more bike lanes, more signage, and new pedestrian and bike paths away from traffic.

For years, Chain | Cohn | Stiles has advocated and fought to raise awareness of bicycle, pedestrian and driver safety throughout the streets Bakersfield and Kern County. For example, each fall, Chain | Cohn | Stiles partners with Bike Bakersfield to give away hundreds of free bicycle lights and over 100 safety helmets throughout Kern County.

A national study revealed that pedestrians and drivers do not obey laws and signals consistently and many of them often use cell phones, text or listen to music while walking or driving. In fact, only 60 percent of pedestrians said they expected drivers to stop when they were in crosswalks, even though they have the right-of-way.

In Bakersfield, law enforcement officials have increased pedestrian safety enforcement operations, patrolling in “trouble spots,” cracking down on drivers and pedestrians who violate traffic laws meant to protect all roadway users. Special attention has been directed toward drivers speeding, making illegal turns, failing to stop for signs and signals, failing to yield to pedestrians in cross walks or any other dangerous violation. Additionally, officers are also targeting pedestrians who cross the street illegally or fail to yield to drivers who have the right of way.

Here are some safety tips that pedestrians, bicyclists and drivers can use to decrease accidents, and potentially save lives:

Drivers

  • Look out for pedestrians, especially in hard-to-see conditions such as at night or in bad weather.
  • Slow down and be prepared to stop when turning or entering a crosswalk where pedestrians are likely to be.
  • Stop at the crosswalk stop line to give drivers in other lanes an opportunity to see and yield to the pedestrians, too.
  • Be cautious when backing up; pedestrians, especially young children, can move across your path.

Pedestrians

  • Be predictable. Follow the rules of the road, cross at crosswalks or intersections, and obey signs and signals.
  • Walk facing traffic, and if there is no sidewalk, walk as far from traffic as possible.
  • Pay attention to the traffic moving around you. This is not the time to be texting or talking on a cell phone.
  • Make eye contact with drivers as they approach. Never assume a driver sees you.
  • Wear bright clothing during the day and reflective materials (or use a flashlight) at night.
  • Look left, right, and then left again before crossing a street.

Bicyclists

  • 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.
  • Dress “bright and tight,” which means being seen, and not getting tangled up in your bike.
  • 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.
  • Never ride or drive distracted.
  • Always wear a helmet when on a bicycle or motorcycle, and a seat belt when in a vehicle. A U.S. Department of Transportation 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.
  • Never get behind the wheel (or wheels) under the influence of any substance.

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If you or someone you know is injured in a bicycle or pedestrian accident at the fault of someone else, please contact the lawyers at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com.