‘U Drive U Text U Pay’: Officials cracking down on dangerous distracted driving

October 7, 2020 | 10:05 am

At any given moment across the United States, about 660,000 drivers are using electronic devices while driving, according to the National Highway Traffic Safety Administration. And on a typical day, more than 700 people are injured in distracted driving crashes. Even more, nearly 3,000 people are killed and an estimated 400,000 are injured in motor vehicle crashes involving distracted drivers.

Simply, distracted driving has become a deadly epidemic on America’s roadways because distracted drivers aren’t just a threat to themselves, they’re a danger to everyone else on the road.

Chain | Cohn | Stiles is joining national distracted driving efforts focusing on ways to change the behavior of drivers through legislation, enforcement, public awareness, and education.

“Talking on a phone, even while using a hands-free device, or texting or using an infotainment system in your vehicle diverts your attention away from driving,” said Chain | Cohn | Stiles managing partner and attorney David Cohn. “Please focus on the road, and just drive.”

Locally, Bakersfield Police Department is stepping up patrols in search of distracted drivers in support of the NHTSA’s “U Drive U Text U Pay” enforcement campaign, according to the department. BPD is joining other law enforcement agencies across California in increase enforcement of distracted driving laws. In particular, officers will be looking out for drivers who break the state’s hands-free cellphone law.

Distracted driving is especially dangerous for younger drivers. In fact, drivers 15 to 19 years old are involved in more fatal crashes involving distractions than any other age group. To help, Chain | Cohn | Stiles recently awarded 11 drivers education scholarships as part of the new “Guided Partners in Safety (GPS) Scholarship” program aimed to help pay for student driver’s education training, while keeping safety at the forefront.

California law prohibits all motorists from using a cellphone while driving, except when used in hands-free mode. A first offense results in a $20 fine, and for a second or subsequent offense, the fine is $50. For violations that occur on or after July 1, 2021, the DMV will assess one point if the violation was within 36 months of a prior conviction. Emergency service professionals are exempt from the cellphone ban while operating an authorized emergency vehicle.

Here’s what you can do to eliminate distracted driving from your travels (courtesy of AARP).

  • Unplug: Keep your cell phone on silent and where you can’t see it light up for every notification you receive. If a phone call or text message is really important, it’s best to pull over into a safe location before using your phone.
  • Refuel: Drowsy driving is distracted driving, so never drive when you’re too tired.
  • Focus: When you’re behind the wheel, pay attention to what’s happening all around your vehicle. Frequently scan your mirrors and watch your speed.
  • Secure your cargo: Prevent loose items in your car from startling you in the event of sudden braking by securing your cargo. Also, never place smaller items on your lap or on the floor near the driver-side foot pedals.

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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.

Chain | Cohn | Stiles joins MADD to honor local officers, prosecutors fighting to end DUI crimes

June 15, 2017 | 8:27 am

Mothers Against Drunk Driving (MADD), Kern County recognized and honored local law enforcement officers and prosecutors on Wednesday, June 14, for their valiant efforts in helping stop DUI crimes.

Bakersfield-based personal injury and workers’ compensation law firm Chain | Cohn | Stiles was proud to be a sponsor, supporter and organizer of the event.

In all, more than 70 officers from throughout Kern County agencies were awarded at the 2017 Kern County MADD Law Enforcement and Prosecutor Recognition ceremony, held at Hodel’s Country Dining in Bakersfield. Prosecutors from the Kern County District Attorney’s Office were also honored, with the highest awards going to the top prosecutor, top probation officer, and the top law enforcement officer.

“These local heroes are potentially helping save lives by removing DUI offenders from our streets,” said Carla Pearson, victim services specialist for MADD Kern County. “They deserve recognition for making our communities throughout Kern County safer.”

To view the names of all of the officers awarded, click here. Among the top award winners were:

  • Probation Department Award, Deputy Luis Gomez: While Deputy Probation Officer Luis Gomez does not conduct traffic stops to arrest DUI offenders, he does work hard at keeping the community safe by supervising felony probationers to ensure they are not consuming alcohol. He also works tirelessly to ensure these offenders remain in compliance with the orders of the court. Through funding provided by the Office of Transportation and Safety, Officer Gomez supervises 75 high-risk, felony and repeat DUI offenders. In 2016 alone, Officer Gomez conducted 947 home calls and 855 office conferences with these dangerous offenders. In 2016, he conducted 522 urinalysis tests by ETG device and 1,125 Breathalyzer tests. Officer Gomez has been swift in his responses to those who violate Court orders by arresting them or placing them on monitoring programs in an effort to reduce their alcohol consumption. Officer Gomez’ diligence in supervising these high-risk worst of the worst DUI offenders is commendable and has gone a long way to help keep our streets safer for the citizens of Kern County.
  • Top Prosecutor 187 Award, Kern County Supervising Deputy District Attorney Michael Yraceburn: Michael Yraceburn prosecuted the nation’s first successful murder conviction for driving while impaired by marijuana. That March 2014 crash, in which the suspect was driving close to 80 miles per hour before losing control, killed David Aggio on impact. The suspect was sentenced to 20 years to life.
  • Top Law Enforcement, Bakersfield Police Officer Louis James: Officer James was reassigned to the Bakersfield Police Department’s Traffic Section in July 2015. Since then, he has primarily worked the graveyard shift. As a result, he has been one of the most, if not the most, productive traffic officer in regards to DUI enforcement. Though he was assigned to the traffic section for only a year and a half, he maintained his aggressive DUI enforcement to make the citizens of Bakersfield safer. In 2015, He received an award from MADD California for his efforts, and in 2016 he arrested 247 DUI drivers. This was the most of all traffic units within the department and one of the highest in California.

Prosecutor’s Awards were also handed out by the Kern County District Attorney’s Office, and were awarded to Kim Richardson, Garrett Rice and Brad Taconi.

The awards ceremony returned to Bakersfield for 2017 after the loss of federal grant funding and budget cuts prevented the 2016 awards luncheon from being hosted in Kern County. This year, several community sponsors, working with MADD Kern County’s Advisory Board, stepped up to make sure officers from all Kern County agencies were being honored for their work in fighting against DUI crimes.

The MADD Kern County Advisory Board includes Chain | Cohn | Stiles attorney Matt Clark and marketing director Jorge Barrientos.

Sponsors for the awards luncheon included anonymous donors, Chevron, Kern Federal Credit Union, Bakersfield Police Officers Association, Greenlawn Mortuary, Raymond’s Trophy, Clifford & Bradford Insurance Agency, Sally Herald CPA, and Chain | Cohn | Stiles.

Since 2009, our community has seen at least 4,000 DUI arrests made each year, with 4,056 DUI arrests in 2016, according to the Kern County District Attorney’s Office. That’s more than 11 DUI arrests per day. Sadly, many impaired drivers weren’t stopped in time, and instead caused major damage to innocent lives.

The awards luncheon is one of two MADD Kern County signature events aimed to bring awareness of the DUI epidemic in our community, and fight toward ending DUI crimes here. Bakersfield’s 2017 Walk Like MADD & MADD Dash — presented by Chain | Cohn | Stiles — will be held on Saturday, Sept. 23, at Park at River Walk.

You, too, can be involved in the fight to end drunk and drugged driving locally. You can help by signing up as a walker, runner (5K or 10K), team captain, or volunteer. Parents: The event also features a kid’s “fun run,” where each child of walk and race participants gets a free superhero cape. You can even get involved if you aren’t able to attend by signing up as a “virtual walker,” or by asking a donation toward a participant or team who has been affected.

For more information on that event, go to walklikemadd.org/bakersfield.

— Alyssa Wood of Chain | Cohn | Stiles contributed to this report. 

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MEDIA COVERAGE

Local families, attorneys to march against police misconduct in ‘Walk for Justice’

March 3, 2015 | 10:08 am

Note: To see media coverage of this event, scroll to the bottom.

Prominent attorneys will be joining local families in the “Walk for Justice” on Saturday, March 14, to speak out against local cases of police misconduct, wrongful death and civil rights violations.

Chain | Cohn | Stiles attorney Neil Gehlawat will be joining lawyers from the prominent Los Angeles-based firm Geragos & Geragos at the 1 p.m. march, which starts at 1700 Flower St. in east Bakersfield.

That’s near the site where David Silva lost his life on the night of May 7, 2013, when officers approached him as he lay on the grass across the street from Kern County Medical Center. Silva, a 33-year-old father of four, was severely beaten by seven baton-wielding officers, and died an hour later.

The two prominent law firms are working together on the Silva wrongful death case, as well as other Kern County cases against the Kern County Sheriff’s Department and Bakersfield Police Department. The civil lawsuit is ongoing. 

Silva’s family, joined by other families from local cases of police misconduct, are now advocating for an end to police brutality.

To read more about the Silva case, click here.

The marchers will be meeting at four locations where incidents of police brutality have taken place, and will leave flowers in remembrance of victim’s lives. Those victims also include Ronnie (Pops) Ledesma, David Turner and James De La Rosa. The march will end at Heritage Park.

“Be the voice for those who no longer have one,” organizers stated in a flier for the march.

Attorney Neil Gehlawat will be speaking about local cases, as well as a representative from Geragos & Geragos. Attorney Mark Geragos is representing the families of two men killed by Bakersfield police in separate incidents, including the killing of Ramiro James Villegas on Nov. 13. That claim seeks damages for violation of civil and constitutional rights, wrongful death, punitive damages and emotional injuries. It says Villegas got out of his vehicle and held his hands up after being cornered by officers into a light pole. Officers said Villegas reached toward his waistband, and the officers opened fire, killing him. No gun or other weapon was found in Villegas’ possession.

For more information on the march, visit the “Walk for Justice” Facebook event page by clicking here, or call 661-747-1110. The march is sponsored by “Concerned Citizens of Bakersfield #UnitedWeStand.”

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Media:

The Bakersfield Californian: March draws attention to deaths in encounters with law enforcement

KGET Channel 17 (NBC): Locals call for more accountability in law enforcement

Instagram: CCS’ Neil Gehlawat speaks at “Walk for Justice” event

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Police misconduct, police brutality and the denial of civil rights have the effect of undermining our country’s Constitution. Common forms of police misconduct include unnecessary use of force, false imprisonment, sexual harassment and assault, illegal searches and planting evidence, among other circumstances. If you or someone you know has been a victim of police misconduct or police brutality, call the Bakersfield police misconduct lawyers at Chain | Cohn | Stiles at 661-323-4000, or visit the law firm’s website at Chainlaw.com.

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.

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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.