During pandemic, auto crashes are down throughout California, but not in Bakersfield-Kern County

May 27, 2020 | 9:25 am


The coronavirus pandemic has affected all aspects of our lives, including driving habits. In fact, traffic volume is down throughout California’s roadways, which has resulted in fewer collisions and arrests for driving under the influence across the state.

Unfortunately, the same can’t be said for Bakersfield and Kern County.

While California saw an 88% reduction in the number of people killed in crashes and a 62% decrease in the number of people injured in crashes from March 19 to April 30 this year versus last year, the Bakersfield area saw a 33% increase in fatal crashes from 8 in 2019 to 12 in 2020 during this same time period, according to data from the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS).

California also saw a 75% decrease in the number of crashes, and the total number of truck-involved collisions also saw a 60% drop, with fatal truck-involved crashes down 88%, according to CHP. The number of DUI arrests made by officers has decreased during March and April in California, from 7,224 in 2019 to 4,223 in 2020; a decrease of 42%.

Even more, the open roads have left some drivers feeling the need for speed. CHP officers issued 2,738 citations for speeding in excess of 100 miles per hour between March 19 and April 30, which is an increase of 46% from last year. Locally, the CHP’s Central Division, which covers the Central Valley, saw a 61% increase in speeding over 100 mph tickets during the same time period.​

According to Verra Mobility, a photo enforcement company with 4,000 camera locations in the United States, speed violations were up 16%, and the number of vehicles going at least 20 miles per hour over the local limit increased 40% in April compared with the same month last year.

The surge in speeding and reckless behavior on our roadways has led to increased patrolling on local highways. A first offense for a 100 mph citation could lead to a $1,000 fine, loss of license for 30 days, or worse — speeding endangers lives of everyone on the road.

“During this time, taking care of yourself and one another goes beyond wearing a mask and physical distancing. We all have a responsibility care for each other on our roadways, too,” said David Cohn, managing partner and personal injury attorney at Chain | Cohn | Stiles. “Please Slow down, take your time, pay attention while driving, and drive sober.”

Across the country too, U.S. highways have gotten emptier and they have also been more deadly, data from the National Safety Council shows. The fatality rate per mile driven went up by 14% compared with March 2019. The number of miles driven dropped 18.6% in March compared with the same month last year, but the death rate per 100 million vehicle miles driven was 1.22 in March, up from 1.07 in March 2019.

Chain | Cohn | Stiles reminds drivers to please slow down, never drive while under the influence, and always wear seat belts. And if you are involved in a car accident, follow these three steps:

1) Obtain the name, address, insurance information, vehicle identification number (VIN) and driver’s license number of any and all persons involved in the accident, as well as the names, addresses, and telephone numbers of all witnesses.

2) Make sure that a report is filed with the police, sheriff, or highway patrol, but do not talk to anyone else, especially insurance adjusters, about the accident or sign anything without first consulting an attorney.

3) Seek medical attention immediately and explain to your physician or surgeon all of the symptoms and complaints you have been feeling since the accident occurred.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

Wrongful death, auto accident cases headline million-dollar results in 2015

January 6, 2016 | 11:31 am


As the New Year begins, let’s take a look back at 2015 at several real results Chain | Cohn | Stiles obtained for the people of Kern County in their accident, wrongful death and workers’ compensation* cases.

$6 Million – Wrongful Death

Jesse Rios was going for his routine morning jog when he was struck and killed an employee of West Coast Casing, LLC. The driver was driving a company truck home from work when he fell asleep at the wheel in a residential neighborhood, allowing his truck to veer up onto the sidewalk, where he struck Jesse.

Jesse left behind a young daughter, a new wife, and his devastated mother. Before his death, Jesse had worked two jobs to help care and support his family.

Chain | Cohn | Stiles filed a wrongful death lawsuit on his family’s behalf, claiming that Eliseo Soto was negligent when he fell asleep at the wheel.

During the lawsuit, it was discovered the driver had previously had an accident due to falling asleep at the wheel. Also, he admitted that he was tired on the morning of the accident and that he should have pulled over to the side of the road and slept. In addition to proving that both the driver and West Coast Casing, LLC, were liable for the accident, Chain | Cohn | Stiles was able to prove that Jesse, a cook and dishwasher at two chain restaurants, would have financially supported his young family for many years to come.

Chain | Cohn | Stiles retained vocational and economic experts to prove the value of Jesse’s financial contribution to the family. The case settled at mediation for $6 million less than seven months after the accident.

$3.5 million – Big Rig Accident

The plaintiff was driving in his work truck as he was returning to Bakersfield, having performed a job in Lancaster, Calif. As the plaintiff was traveling on the high-way, a dust storm caused visibility to drop to almost zero. The plaintiff came to a stop, as vehicles in front of him stopped. At that time, the defendant, who was driving a tractor trailer for Market Transport, failed to see traffic stopped ahead of him, and he rear-ended the plaintiff.

The plaintiff did not seek immediate medical care after the accident. Instead, his employer drove him back to Bakersfield, and he sought urgent care treatment later that same day. Upon retaining Chain | Cohn | Stiles, the lawyers suggested that the plaintiff seek additional emergency medical care. Shortly thereafter, the plaintiff was diagnosed with a brain bleed.

Chain | Cohn | Stiles filed suit against the defendant and his employer, Market Transport, for negligence in the big rig accident.

Chain | Cohn | Stiles, recognizing the significance of the plaintiff’s injuries, asked that he be evaluated by a neurologist. Ultimately, the plaintiff was diagnosed with a mild to moderate traumatic brain injury. Chain | Cohn | Stiles retained experts in neurology, psychology, neuropsychology, endocrinology, vocational rehabilitation and economics to offer opinions regarding the plaintiff’s future needs.

The case ultimately settled at second mediation for $3.5 million.

$2.35 million – Auto Accident

The plaintiff was driving a 20016 GMC Denali safely northbound in Tehachapi. At the same time and place, a driver of a 2007 Sterling truck was going northbound on the same road while in the course and scope of employment for Shred-It USA Inc.

The defendant carelessly and unlawfully maintained and operated the vehicle so as to cause a crash and rear-end the plaintiff’s vehicle, which caused serious and permanent injuries to his body. As a result, the plaintiff suffered a disability and was unable to resume his pre-injury occupation as a correctional officer.

The case settled in 2015 for $2.35 million.

$2.15 million – Industrial Accident

Plaintiff John Doe was a tractor trailer driver assigned to pick up a load of pipe from Doe Pipe Manufacturer, loaded by the company, and deliver it to a customer in Colorado. The plaintiff’s only involvement in loading the pipe was throwing straps over the load to secure it. When he arrived in Colorado, he began unstrapping the load, when a large piece of pipe rolled, striking plaintiff’s foot. He suffered a broken foot, and eventually developed Chronic Regional Pain Syndrome (CRPS).

Chain | Cohn | Stiles filed suit against Doe Pipe Manufacturer, alleging they negligently loaded the pipe. Specifically, the firm alleged the defendant failed to place anti-roll blocking or chalks around the piece of pipe. The defendant claimed they were not responsible, citing federal safety regulations that state truck drivers are responsible for the safety and securement of loads.

In addition to its trucking expert, Chain | Cohn | Stiles hired a computer graphics expert to create a simulation of the load on the plaintiff’s truck, which proved the plaintiff could not see the top of his load to ensure that the pipe on top was properly chalked into place, and the defendant prohibited him from climbing on top of his load to check. Chain | Cohn | Stiles also retained medical experts to assist in determining what future medical care the plaintiff would require.

The case settled before the court for $2.15 million.

$2 Million – Dog Bite

The plaintiff called the Kern County Sheriff’s Office for assistance with domestic violence. Her child’s father was being abusive.

When Sheriff’s department officers arrived, the plaintiff began walking toward the deputy’s patrol car, and the K-9 inside of the patrol car was released, and began attacking the plaintiff. The department claimed the K-9 was released accidentally.

The dog bite case settled with the County of Kern for $2 million.

$1 million – Wrongful Death

John Doe was a resident in a residential care facility that specialized in the care of adults with severe developmental disabilities.

While in the home, John Doe got into an argument with one of the home’s staff members. John Doe punched the staff member in the face, which resulted in several additional staff members physically restraining John Doe, face down, on the home’s floor. John Doe was restrained for a period of approximately 14 minutes, during which time he stopped breathing. No one from the home attempted to resuscitate John Doe, and he was not provided with any medical care until law enforcement and paramedics arrived on scene.

Chain | Cohn | Stiles filed a wrongful death lawsuit on behalf of John Doe’s mother.

Throughout litigation, the group home contended that it was not at fault for John Doe’s death, and that instead his death was due to his poor health. Moreover, the group home contended that John Doe started the altercation, by punching the staff member. Chain | Cohn | Stiles  was successful in proving that the group home should have provided special training to its staff, including training for how to safely restrain someone such as John Doe.

The case settled for insurance policy limits of $1 million.

$810,000 – Workers’ Compensation

The plaintiff was injured when a drill fell on his shoulder, causing severe injuries to his neck, upper back, shoulder and chest. The client and his family came to Chain | Cohn | Stiles because they needed help dealing with the complicated nature of the injuries and the consequences it was having on all of them.

The total guaranteed payout to the client came out to $810,000 in workers’ compensation benefits.

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For more results and case information, visit the Chain | Cohn | Stiles website at Chainlaw.com.

*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

These results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

CCS on The Groove: The importance of having uninsured motorist coverage

September 29, 2014 | 11:23 am


What should you do when you’re in a car accident, the other driver is at fault, and he or she has little or no auto insurance?

Knowing what to do when you are in a auto accident can be difficult, especially with complex insurance policies involved. If the driver at fault does not have insurance, or very little, you may have a difficult time obtaining compensation for damages suffered in the accident.

That’s why it’s important for you to purchase an insurance policy that includes coverage for “uninsured motorists” and “under-insured motorists.”

Bakersfield car accident attorney Matt Clark recently appeared on The Groove 99.3 (KKBB) with Sheri Ortiz to discuss the issue, and give advice to listeners on insurance policies.

You can listen to the two segments here:

As personal injury lawyer at Chain | Cohn | Stiles, Clark represents a lot of people who are involved in auto accidents. Many times, he receives calls from people who have been injured by someone to didn’t have any insurance at the time of the accident.

Due to the accident, the injured client has had to miss work and has medical bills to pay, for example.

“What do you do to protect yourself?” Clark asked listeners on The Groove. “When you buy insurance, one of the cheapest things you can buy is uninsured motorist coverage. You want to have limits that can cover you in case someone hits you.”

Clark recommends motorist purchase a $100,000 over $300,000 auto insurance policy at a minimum to protect yourself. The policy allows you to collect from your insurance company to recoup your damages that exceed the responsible party’s limits.

“It’s not expensive to get that coverage and it protects you,” Clark said.

The uninsured and under-insured policies also cover you and your family in the case of an accident while walking, running, or riding a bike — you don’t have to be behind the wheel to take advantage of the policies, Clark said.

It’s important to note, Clark said, that many times, drivers have to specifically ask their insurance policy companies that uninsured and under-insured be added to policies.

While on the air, Clark and Ortiz received a call from a woman who was involved and injured in an auto accident, after the other driver ran a red light, she said. She took advantage of her uninsured motorist policy, which helped her out tremendously, she said.

“It’s definitely important,” Amanda said on the show. “I had uninsured motorist, and I will never get insurance without uninsured motorist ever again. Without having uninsured motorist, you’re going to be stuck.”

Added Clark: “It’s my job as a lawyer to make sure that my clients are fairly compensated, not only for the injuries they have right now, but for the injuries they may have in the future.”

Filing an uninsured motorist claim can often include complex legal issues that require the assistance of a lawyer experienced in dealing with insurance companies. The lawyers at Chain | Cohn | Stiles can help. Call for a free consultation at 661-323-4000, or visit the personal injury and workers compensation* website Chainlaw.com.

To learn more about uninsured motorist policies and their importance, visit the Frequently Asked Questions page on chainlaw.com.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the values of the fraud, whichever is greater, or by both imprisonment and fine.