Sign up now for the Bakersfield’s first ‘Walk/Run Like MADD’ this weekend

September 12, 2014 | 8:54 am


The first-ever Bakersfield Walk/Run Like MADD will be held on Saturday, Sept. 20, at the Park at River Walk — and there’s still time to join the fight to end drunk driving in Kern County.

The walk and competitive 5K — sponsored and organized in part by the Bakersfield personal injury law firm Chain | Cohn | Stiles — is aimed to raise awareness of drinking and driving crashes in Kern County, to raise money to support local victims and their families, and to fight to end drinking and driving in Bakersfield.

As of today, nearly 500 people on 44 teams have raised more than $37,000 for the Bakersfield MADD walk. Additionally, several Kern County community business and organizations have stepped up as sponsors for the event. They include Dignity Health, Chain | Cohn | Stiles, Bakersfield Police Officers Association, Kern County Prosecutors Association, Ira Cohn of USB Financial, Comprehensive Blood & Cancer Center, Kern County Bar Association and Aum Physical Therapy. To see a sponsor list, which will be featured on the event T-shirts, go here.

Among the latest participants in the MADD walk are family members and friends of victims of a drunken driving crash that occurred just recently. Two people were killed in a fiery crash during Labor Day weekend when a suspected drunken driver slammed into the back of their car on Rosedale Highway, according to media reports. A third person was pulled from the burning car by California Highway Patrol officials and a passersby near the scene of the crash. That person suffered serious burn injuries and was taken to a hospital. The suspected drunken driver, 29-year-old Dontrell Collins, was booked on suspicion of felony drunken driving resulting in injury or death and vehicular manslaughter, police reported.

Kern Schools Federal Credit Union, where the victims worked, will participate in the MADD walk and has started a team, which currently has 80 people involved. And FedEx, where the father of a victim works, has also started a team.

You can still join these victims and others in Bakersfield fighting to end drunk driving by registering on the day of the event, Saturday, Sept. 20, at the Park at River.

You can also register during a pre-registration packet pickup from 4 to 7 p.m. on Friday, Sept. 19, at Sole 2 Soul Sports in The Marketplace, 9000 Ming Ave. Packets include race bibs and T-shirt for those who pre-registered.

Media Coverage

The first Bakersfield Walk Like MADD has gotten substantial attention from local media, who are also joining in on the fight to end drunk driving by sharing the stories with Kern County. Here are several of the media spots:

‘Walk/Run Like MADD’ article, ad featured in new Bakersfield Life magazine

September 2, 2014 | 9:44 am


UPDATE: Several local media outlets have also made mention of the upcoming Walk/Run Like MADD. See the coverage below.

———–

The September issue of Bakersfield Life Magazine was unveiled on Saturday, and included in the Saturday edition of The Bakersfield Californian. The magazine featured an advertisement for the upcoming Walk Like MADD — sponsored by the Bakersfield personal injury law firm Chain | Cohn | Stiles, and also included an article on the significance of Bakersfield’s first-ever 5K MADD walk and run.

The article and ad’s messages were even more important following this tragic weekend’s DUI-related crash. Read more about the fatal crash below.

The “Walk/Run Like MADD” 5K is being brought to Bakersfield by Mothers Against Drunk Driving Kern County on Saturday, Sept. 20 at the Park at River Walk. It’s aimed to raise awareness of drinking and driving crashes in Kern County, to raise money to support local victims and their families, and to fight to end drinking and driving in Bakersfield.

Currently, more than 175 participants have raised $22,600 for the walk. and run. The event is also sponsored by various community partners. They are Dignity Health, Chain | Cohn | Stiles, Bakersfield Police Officers Association, Kern County Prosecutors Association, Ira Cohn of USB Financial, Comprehensive Blood & Cancer Center, Kern County Bar Association and Aum Physical Therapy.

There is still time to sign up to participate, donate, volunteer or sponsor in the Walk/Run Like MADD. For more information, go to Bakersfield’s MADD website here.

Tragic weekend

The MADD ad, article and messages in the magazine were featured during a tragic weekend involving yet another fatal crash in Kern County involving alcohol.

Two people were killed in a fiery crash early Saturday morning when a suspected drunken driver slammed into the back of their car on Rosedale Highway, according to media reports. A third person was pulled from the burning car by passersby near the scene of the crash. That person suffered serious burn injuries and was taken to a hospital, media reported. The suspected drunken driver, 29-year-old Dontrell Collins, was booked on suspicion of felony drunken driving resulting in injury or death and vehicular manslaughter, police reported.

Collins, in a jailhouse interview with KERO Channel-23, said he didn’t remember anything from the night. Family members decried Collins for drinking and driving. Read the various media coverage of the incident below:

————

Below is media coverage regarding the upcoming MADD event:

  • Grieving families, advocates plead for end to drunken driving (KBAK-KBFX, 29-58, BakersfieldNow.com)
  • Bakersfield Life Magazine featured an article about the walk and shared the stories of families of victims of drunken driving crashes. You can read the article here.
  • Kern County Deputy District Attorney David Wolf and Chain | Cohn | Stiles marketing director Jorge Barrientos — both part of the MADD walk planning committee — joined Sheri Ortiz on The Groove, 99.3, KKBB. Listen to the spot here.
  • KERO Channel 23 is currently running promos of the event.
  • Chain | Cohn | Stiles attorney Matt Clark and Kern County Deputy District Attorney Brandon Stallings appeared on the live stream show First Look with Scott Cox to discuss the problem of drinking and driving in Bakersfield, and encourage local residents to join in on the MADD walk. Watch the video here.
  • Eyewitness News (KBAK and KBFX, Channels 29 and 58) recently ran a story on the event following a DUI-related fatal Labor Day crash. The spot featured Mothers Against Drunk Driving Kern County victim advocate Carla Pearson. You can watch that here.
  • Chain | Cohn | Stiles marketing director Jorge Barrientos — who is part of the planning committee for the Walk/Run Like MADD — spoke with KGET Channel 17 Friday morning, Sept. 12.

CCS represents victim in DUI hit-and-run crash involving Kern County worker

July 15, 2014 | 9:33 am


The Bakersfield personal injury attorneys at Chain | Cohn | Stiles are representing the victim of a car accident involving a Kern County worker who was arrested on suspicion of driving under the influence, and fled the scene after the collision.

CCS lawyer Matt Clark is the lead attorney on the case, which has been followed closely by local media. He spoke with KERO-23 (ABC) about the case, and also The Bakersfield Californian. See the news segment here, and read the article here.

Local law enforcement authorities say Erik Webb, a worker with the county of Kern, rear-ended another vehicle while in a county-issued truck on July 1, at the 4100 block of Union Avenue near Columbus Street. After the crash, Webb gathered his belongings from the truck and fled the scene, according to police reports.

He was later caught and arrested by law enforcement. Webb remained in Kern County jail until he sobered up, and was then cited and released. Webb was charged with a DUI and hit-and-run resulting in property damage, records from the Kern County Superior Court show.

Representatives from the county of Kern told local media that Webb went into work the day after the crash and told his supervisor what happened, and he was sent home. Webb was also suspended with pay. Webb was placed on administrative leave, and he was not assigned another vehicle.

Photos obtained by Eyewitness News show a crushed Ford F-150 badly damaged in a Kern County yard.

Clark on Monday spoke with KERO-23 news about the case on Monday, speaking on behalf of the injured victim. Police reports show that Webb also told authorities he had been “messing” with his phone prior to the crash. It’s important, Clark said, that drivers not use their phones while driving, and to drive sober — especially if driving a county-issued vehicle.

KERO also reported that Webb had resigned from his position at the county of Kern.

See media reports about the case here:

If you’re involved in a car accident, first, stay calm. If you are injured, and if it is safe to do so, remain inside your vehicle until emergency personnel respond to the scene. Once out of your vehicle, make certain to obtain the other parties personal and insurance information. Often times, the police or California Highway Patrol will do this for you. Also, if there are any witnesses to the accident, be sure to obtain contact information (including name and phone number) for each witness. Later, witnesses can be important to your case. Most importantly, do not speak with an insurance adjuster until you contact Chain | Cohn | Stiles first. Law firm representatives are available by phone and email 24 hours a day, 7 days a week. If you speak with an insurance adjuster first, oftentimes they will obtain a recorded statement from you, which could be used against you later. It is always best to speak with a lawyer who will protect your rights first.

For more tips and information on car accidents and the lawyers at Chain | Cohn | Stiles — including frequently asked questions and answers — visit our specialized car accident website HERE.

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.

——–

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.

Tips: Celebrate with safety this Cinco de Mayo

May 5, 2014 | 9:30 am


Bakersfield is rich with culture, especially within our Hispanic community. This Cinco de Mayo (May 5) will undoubtedly bring celebration citywide.

It’s important, however, to keep safety in mind today whether you are celebrating around town, or are traveling through local streets during this holiday. The popularity of Cinco de Mayo celebrations, especially among young people, has brought about some problems — alcohol-involved crashes.

Bakersfield Police Department and other local law enforcement has traditionally bumped up enforcement around this holiday.

In fact, the National Highway Traffic Safety Administration gives some sobering stats:

  • From 2008 to 2012, 233 people were killed in drunken driving crashes on Cinco de Mayo. 
  • In 2012, almost half (45 percent) of all traffic crash deaths on Cinco de Mayo involved drunk driving.

To increase your chances of enjoying a safe Cinco de Mayo celebration, the safety administration recommends that you plan ahead, and:

  • Designate your sober driver before the festivities begin.
  • If you’ve been drinking, call a friend or taxi, or use public transportation to get home.
  • Contact your local police if you see a drunk driver on the road. 
  • If you know people who are about to drive or ride while impaired, take their keys and help them find a safe ride home.

As the statistics show, DUI crashes and incidents are still bound to happen. The Bakersfield accident lawyers at Chain | Cohn | Stiles also have some tips in the unfortunate case you are the victim in an accident.

The attorneys at CCS are passionate about keeping our streets as safe as possible. In fact, the law firm has partnered with Mothers Against Drunk Driving, Kern County in the first Bakersfield “Walk (Run) Like MADD” fundraiser, which will be held this September.

Below are several “Frequently Asked Questions” and answers from the Bakersfield law firm’s website related to DUI accidents, and what you should do if you are ever a victim. And remember, if you are ever involved in an accident, call the firm at 661-323-4000.

—–

Does the law differentiate between people who are killed or seriously injured by drunk drivers as opposed to people who are injured or killed by people driving under the influence of street drugs or prescription drugs?

No. The law makes no distinction between driving under the influence of alcohol, street drugs or prescription drugs. That is why the term “DUI,” which means “driving under the influence” is used to describe the crime rather than “drunk driving.”

Who can sue in a DUI case?

Any person who is injured by the wrongful conduct of a person driving under the influence, or the survivors of someone who was killed by a defendant who was driving under the influence, can bring a lawsuit against the defendant driver and any other person or entity who was responsible for the accident.

Is it easier to prove a drunk driving case than a case in which a person is driving under the influence of drugs?

Yes. The relationship between a high blood alcohol level and driver impairment is well known and well established. The same relationship between prescription and street drugs has been far less studied and is not within the common knowledge of most drivers and jurors. Thus, drunk driving cases are easier to prove.

What if the person who injured me was found to be driving under the influence, but I feel like I also was probably at fault. Can I bring a lawsuit?

Yes. California is a comparative negligence State. This means that you can sue any responsible party even if you are partially at fault in the accident. However, your damage award will be reduced by the percentage of your own negligence.

How impaired must a defendant be for there to be a presumption under the law that the defendant was negligent?

A defendant will be presumed to be negligent for causing an accident if you can establish that the driver’s physical or mental abilities were so impaired by the drug or alcohol use that they could not drive with the caution or ability of a person of ordinary prudence and skill in similar circumstances. Thus, a person can have a few drinks or drive under the influence of prescription drugs without being presumed to be negligent.

Will expert testimony be necessary for me to establish that the other driver was under the influence?

Probably. Usually a toxicologist will have to be called at trial to establish the level of alcohol and/or drugs in a person’s body. In addition, a human factors expert may be necessary to testify to the relationship between the blood alcohol or drug level and driver impairment

What damages can I recover in a wrongful death or serious Drunk Driving Accidents case stemming from the negligence of a defendant who was driving under the influence?

The injured person is entitled to recover damages for past and future medical treatment, past and future wage loss, damages for pain, suffering, and emotional distress. Further, plaintiff may be able to recover punitive damages. If the injured person dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the injured person’s death, as well as monetary damages which stem from the loss of society, care, and comfort of the decedent.

What do I need to establish to prove punitive damages in a case in which the defendant was driving under the influence?

First of all, punitive damages are not recoverable in California in any wrongful death case. If your loved one has died, you can only claim punitive damages if they survived for at least a few moments after the collision that killed them. To recover punitive damages in an injury or a “survivor” action against a person who was driving under the influence, you must prove that:

  • That the defendant voluntarily drank or took drugs to the point of intoxication/impairment before they knew that they would be driving;
  • That the defendant was convicted of a felony under Civil Code Section 3245(d).
  • They were aware of the probable dangerous consequences of their conduct; and,
  • They willfully and deliberately failed to avoid those consequences.

Special settlement considerations in drunk driving cases?

Whether or not an insurance company wants to admit it, the jurors’ focus in a case in which the defendant was driving under the influence will be on the reprehensibility of the defendant’s conduct more than it will be on the extent of a plaintiff’s damages. Thus, a plaintiff should never settle a case against a person who was driving under the influence for the same amount of money that they would settle any other case. The case will always be worth more money than a typical Drunk Driving Accidents or wrongful death case, and may be worth many more times the usual value of the case, depending upon the seriousness of defendant’s misconduct.

Do I need an attorney to pursue my case against a defendant who was driving under the influence?

Yes. You will need an attorney to help you establish the degree of impairment of the defendant. Further, a skilled attorney will understand that you will receive all of the benefit of the doubt that you will need in a case against a person driving under the influence and will prepare the damage part of your case accordingly. This will help you achieve a larger settlement or verdict than you would be able to achieve on your own.

CCS, MADD Kern County partner to help keep streets safe

March 17, 2014 | 10:13 am


St. Patrick’s Day is the second most dangerous time of the year for drunk driving fatalities, just behind New Year’s Day. And according to the National Highway Traffic Safety Administration, 79 people in the United States were killed in drunk driving crashes on St. Patrick’s Day in 2012. This represents 48 percent of all highway fatalities for that time period, the second highest percentage of the year.

At Chain | Cohn | Stiles, we’re committed to helping keep our streets safe. This year, the lawyers and staff at the law firm are taking part and helping organize the first ever “Walk Like MADD” in Bakersfield. We’ve partnered with Mothers Against Drunk Driving Kern County and various local law enforcement agencies to bring awareness locally to the dangers of drinking and driving, and raise funds to help local victims of drunk driving.

MADD Kern County leader and CCS friend Carla Pearson recently spoke with KGET-17 about the dangers and effect of drinking and driving locally. Today, the news station featured Pearson, discussed recent DUI tragedies, and highlighted how law enforcement agencies are tackling the issue today on St. Patrick’s Day. Watch the news clip by clicking HERE.

To learn what you can do if you’re ever the victim of a drunk driving accident, go HERE.