Otus Law Group Blog

Detachment Risk and Fall Hazard Prompt Salsa Bike Rack Recall 0

The US Consumer Product Safety Commission is spreading the word about a recall of the Salsa Cycles “Salsa Minimalist” bicycle rack due to a risk of falling that the item poses to a bike user.  The rack uses L-shaped mounting straps to attach itself to the bike so that the user can carry the rack with them and tie their bike up to it wherever they go.  Unfortunately, those straps that hold it in place can break, endangering any rider who then rolls over the new obstacle.  Two instances of this event have been reported, with each leaving the rider with minor injuries.

Salsa Cycles is one of the brands owned by the Bloomington, Minnesota-based Quality Products.  The bike rack was manufactured in Taiwan and sold online and in retail stores across the country between January 2011 and March of this year.  The side of the bike rack will say “Salsa.”  They are made of aluminum.  Around 1,100 racks are affected by the recall in total.

If you have purchased this bicycle rack, you should remove the item from your bicycle as soon as possible if it’s been installed.  Consumers are also being advised to contact an authorized Salsa dealer for more information, including how to get an inspection and a remounting of the item.  Consumers can also get a refund on the product if they so choose.

Posted on: 05-15-2012
Posted in: Bicycle Accident, News, Product Recall

Distracted driving might soon equal vehicular homicide in New Jersey 0

A New Jersey state senate subcommittee has approved legislation that would give prosecutors more authority to seek vehicular assault, manslaughter, or assault charges for distracted drivers involved in accidents that result in severe injury or death. A new bill, labeled S1616 allows prosecutors to use proof a driver was illegally using a cellphone for text or voice based messaging at the time of an accident to support a reckless driving charge. The bill’s purpose is to discourage drivers from disobeying the state’s ban on cellphone use behind the wheel. The bill, which passed through the New Jersey Senate’s Law and Public Safety Committee by a unanimous 5-0 vote, Legislators in support of the bill said that the kind of multitasking distractions offered by today’s handheld electronic communication devices are dangerous to everyone on the road. By allowing prosecutors to bring reckless driving charges against motorists found to be in violation of the state’s cell phone ban at the time of a collision, the legislation would make it easier for prosecutors to make a case that the distracted driver was putting the lives of others at risk with his or her behavior. A similar bill, introduced to the New Jersey State Senate’s Law and Public Safety Committee in 2011, did not survive its initial committee stage. Citizens in favor of the legislation have said they hope it will be the measure that finally makes people realize how dangerous distracted driving can be.

Posted on: 05-14-2012
Posted in: distracted driving, News

Washington motorcycle deaths are on the rise, officials say 0

Motorcyclists must take responsibility for their safety on public roads, Washington State Patrol Representatives say, and stay away from unsafe cycling practices, such as trying to ride while using illegal drugs or alcohol. Washington State has had a steady increase of the number of licensed motorcycles and according to the Washington State Patrol, and the number of fatal accidents involving motorcycles has increased accordingly. State Patrol representatives said the rising trend of accidents has been noticed over the past several years by law enforcement officials throughout Washington, and the increasing motorcycle accident rate can be traced to the rising number of novice motorcycle riders on the road. Just this year, 13 motorcyclists were killed in traffic accidents throughout the state. Of these 13 collisions, eleven, nearly 85 percent, were found to be the fault of the person riding the motorcycle. Just recently, three motorcycle accidents occurred throughout the state in the period of a single weekend. All of three were fatal and all of were ascertained to be the fault of the motorcyclist. Motorcyclists with limited experience at the handlebars often exceed the speed limit and attempt riding maneuvers that are beyond their skill level. New motorcyclists riding bikes too advanced for them to safely control as well as older operators who haven’t taken updated motorcycle safety training classes are the most likely to be killed in a motorcycle collision.

Posted on: 05-14-2012
Posted in: Drinking and Driving, Motorcycle Accident

Two Ferrari models recalled due to crankshaft defect 0

A possible crankshaft defect has required Ferrari to announce a voluntary recall for an estimated 80 vehicles from model year 2012 at the request of the National Highway Traffic Safety Administration.  The two Ferrari models affected by this recall are the 2012 Ferrari 458 Italia and the 2012 Ferrari California. Approximately 45 485 Italias and 35 Californias are affected in the United States, and man more are affected across the globe. The crankshaft manufacturing error that may be present in these vehicles has been attributed by Ferrari as the result of a programmer’s error leading to an improper milling of the crankshaft to unsafe tolerances that might result in excessive vibration and possibly even engine failure.  Unexpected engine failure can lead to a collision that might result in serious injury or death. An estimated 200 Ferraris worldwide are affected by this recall, but the automaker has yet to announce the specific vehicle identification numbers or production dates of the cars involved. Consumers who think their vehicles might be affected by this recall should contact Ferrari directly for more information. The automaker has not released a scheduled start date for this recall, but Ferrari plans to allow owners of affected vehicles to return them to authorized dealerships for a full repair if needed at no additional cost. According to the carmaker, no reports have currently been received of engine failure involving any of the cars being recalled.

Posted on: 05-14-2012
Posted in: Product Recall, Safety

Distracted driving still more difficult to prevent than speeding, DUI 0

Though dozens of states currently ban motorists from texting while driving an automobiles, law enforcement officials say the legislation prohibiting this practice is often difficult to enforce. In Minnesota, a state where the legislature has passed a texting while driving ban, approximately 1,300 citations were issued to motorists who were engaged in text based messaging with behind the wheel in 2011. This figure seems low when compared to the number of speeding tickets issued last year (more than 200,000) or the number of citations issued while driving under the influence of alcohol (more than 30,000). This number seems especially low in light of recent research results estimating that nearly one in two American adults owns an iPhone or other “smart phone,” and safety experts estimate that handheld electronic communication devices are a factor in approximately one out of every four car accidents. A recent case in which a police officer successfully ticketed a motorists illustrates how difficult the process can be. A St. Paul law enforcement officer driving an unmarked department vehicle approached an intersection blocked by a van with a man behind the wheel who was staring down at his cellphone, unaware of his surroundings. The police officer left the vehicle and slowly approached the van so as not to alert the driver. The officer then saw proof enough to issue a texting a driving citation: The man was checking his Facebook profile while behind the wheel. Under the state’s law, all forms of text based electronic communication, including email and internet browsing, are forbidden while operating a motor vehicle. Had the man been dialing a phone number, he would not have been violating the law.

Posted on: 05-14-2012
Posted in: distracted driving, Drinking and Driving, DUI

Ottawa man plays literal game of chicken with law enforcement 0

Ottawa law enforcement officials recently cited a distracted driver for inattentive behavior that had nothing to do with any sort of electronic communications device. The man wasn’t texting or talking – he was eating a rotisserie chicken. An Ottawa law enforcement officer was passed recently by a car violating the posted speed limit and engaging in other high risk behaviors, such as swerving between lanes without signaling and tailgating the car ahead of him. Upon closer inspection, the officer realized the vehicle’s driver was eating rotisserie chicken from a bowl, and only sporadically putting either hand on the wheel to guide the vehicle. Though cellphone use, most commonly text based messaging, is explicitly banned by law in states and communities throughout the North American continent, the push to prohibit these dangerous behaviors has brought attention to less high tech forms of distraction, such as eating behind the wheel. In Ontario, where Ottawa is located, more than 130,000 citations were issued within a two year period ending February 29, 2012 for inattentive or careless driving, but some safety experts recommend drivers should put away more than their cellphones when operating a moving motor vehicle. A recent research study conducted in the United Kingdom shows that eating behind the wheel can also cause distractions and even put the driver in danger of causing or becoming involved with a serious collision. University of Leeds traffic safety researchers found that taking one hand off the wheel to eat reduced distraction time by 44 percent, as compared to the estimated 12.5 percent reduction experienced by a driver with a blood alcohol content of .08.

Posted on: 05-14-2012
Posted in: distracted driving, Safety

Driver Suffers Fatal Injuries in Single Vehicle Clarksburg Crash 0

A single vehicle crash in Clarksburg claimed the life of a driver in the early morning hours yesterday.

The incident took place between 1:30 and 3 o’clock in the morning.  A Toyota Rav4 was headed south along South River Road in Yolo County at speeds that could not be determined.  When the vehicle was in the area south of County Road 141, it began to drift over onto the shoulder that runs parallel to the road on the righthand side.

According to the California Highway Patrol, who investigated the incident, the driver at no point braked or tried to stop the vehicle from drifting by turning the wheel back toward the road.  Instead, the automobile traveled onto the dirt and grass just off the road and careened off of an embankment. The right front portion of the vehicle crashed into a tree.

Unfortunately, the driver appears to have not been wearing a seat belt.  He hit the vehicle’s exploding airbag and then was ejected from the Rav4 entirely.  Although an investigation is ongoing, officials with the Yolo County Coroner’s Office are at this time stating that blunt force trauma caused the man’s fatality.  The man was discovered near the accident site by off-duty personnel with the Clarksburg Volunteer Fire Department.

Posted on: 05-14-2012
Posted in: Accident Investigation, car crash, News

Fatal Hit and Run Near Nipomo Prompts Police Search 0

Police are on the lookout for a vehicle that they claim was responsible for killing a pedestrian in a hit and run collision.

The hit and run took place between the cities of Nipomo and Santa Maria at around 1 o’clock in the morning yesterday.  A man was reportedly walking along the offramp that connects Highway 101 with Highway 166 north of the Santa Maria Bridge.  Unfortunately,, a Chevy Corvette was apparently using the offramp to get onto the eastbound side of Highway 166 at the same time.

The pedestrian was run over on the off-ramp and suffered injuries that proved to be fatal.  The vehicle allegedly fled the scene of the accident at high speeds.  Witnesses lost sight of the vehicle as it was navigating down Thompson Road, heading north toward Nipomo.

The California Highway Patrol is hoping that the public can help them turn up the vehicle.  The Corvette, which was blue and of a 2005 or 2006 model year, reportedly would haver sustained damage to the front bumper, the hood, the windshield, and the right front fascia.  The automobile is also missing its hard top.

Police suspect that the driver lives in or around Nipomo and that the car involved in the crash could be hidden from view by either a garage or some sort of cover.  They’re urging anyone with information to contact them at once.

Posted on: 05-14-2012
Posted in: Accident Investigation, Hit and Run Accident, News

Collision Along Interstate 15 Near Fallbrook Takes Life 0

One wreck led to another near Fallbrook in the early hours of yesterday morning.

The chaos began shortly before 4 o’clock in the morning.  A Honda Civic was headed down the southbound lanes of Interstate 15 when, for some reason, the driver allegedly lost control of the vehicle near Mission Road.  The car careened into the center divider of the freeway and came to a jarring stop in the fast lane of the interstate.  The car was then somewhat perpendicular to oncoming traffic.

Five people were inside the vehicle at the time of the collision.  Three of those persons, the ones that were in the back, were able to exit the vehicle, but the two people in the front remained in the car.

Unfortunately, an Isuzu Rodeo heading in the same direction apparently did not see the stopped vehicle and crashed directly into it.  As a result of the collision, the driver of the Civic suffered fatal injuries.  The other passenger still inside the car sustained what were described as serious injuries, as did the driver of the Rodeo.  Both were transported to Escondido’s Palomar Medical Center to receive treatment.  Although the Civic’s other passengers had exited the vehicle before the second crash, they were also brought to Palomar.

The California Highway Patrol, rescue officials, and Escondido Police all responded to the scene.

Posted on: 05-14-2012
Posted in: accident injury, car crash, News

Police Arrest Suspect Following Fatal El Cajon Hit and Run 0

An arrest has been made in response to a hit and run crash that claimed the life of a woman in a wheelchair.

The initial incident took place in El Cajon, in an unincorporated part of San Diego County, at just after 9 o’clock at night on Friday.  The victim was attempting to maneuver her wheelchair across the 15000 block of local Olde Highway 80.  This occurred in the area near Flinn Springs Road.

Unfortunately, at that same time, a sport utility vehicle was also approaching from the west.  That vehicle careened into the woman and then sped away from the scene of the accident going eastbound.  The woman was ejected from the wheelchair and fell into the middle of the road.

Officials with the sheriff’s office, the fire department, and the California Highway Patrol all responded to the accident, which was reported via 911 calls by witnesses.  Personnel attempted to revive the woman, but it was to no avail.  She was pronounced dead at the scene of the crash.

The next day, police used witness statements and vehicle debris to track the alleged driver of the SUV down to his home in El Cajon.  The driver of the vehicle reportedly admitted to having played a role in the crash.  He was arrested.

Posted on: 05-14-2012
Posted in: car crash, Hit and Run Accident, News
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