New California traffic safety bills would allow cities to lower speed limits, close streets for recreation, decriminalize jaywalking, more

September 22, 2021 | 12:27 pm


Our roadways will perhaps be a little safer after California lawmakers passed several bills recently that make safety on our roadways for drivers, pedestrians, passengers, and bicyclists a priority.

Five bills in particular now await a signature from Gov. Gavin Newsom to become laws. You can learn more about each one of the new California traffic safety bills below.

“We all want to know we’ll make it home safe when we hit the road, whether it’s on foot, bicycle, or in a vehicle,” said David Cohn, managing partner at Chain | Cohn | Stiles. “We hope these bills and potential laws make our streets a little safer for all.”

 

AB 43 – SPEED LIMIT REFORM

This bill gives California cities more control to set speeds based on safety. Currently, the state largely has authority over speed limits and sets them based on the movement speed of 85% of traffic on any given street. AB 43 would allow cities to reduce speeds by increments of 5 mph by letting local officials factor the safety of pedestrians and cyclists when conducting the speed traffic surveys California uses to determine streets’ speed limits. The bill requires that cities take into account the presence of vulnerable groups, including children, seniors, the unhoused and persons with disabilities when setting speed limits, and would permit cities to reduce speed limits on streets with a track record of traffic safety issues, including school zones, according to Natural Resources Defense Council.

 

AB 1238 – JAYWALKING REFORM

This bill would eliminate fines for crossing the street outside of a crosswalk, better known as jaywalking. It follows other states striking jaywalking as a primary offense in which police can no longer stop pedestrians specifically for jaywalking. The crime of jaywalking historically has often a pretext to stop and search people of color. Data from the California Racial and Identity Profiling Act shows Black people in California are over five times more likely to be stopped for a walking infraction than white people. AB 1238 still requires pedestrians to use due care for their safety and the safety of other road users, and those who cross the street when it’s not safe can still be cited. The bill merely decriminalizes safe crossing when there is no immediate hazard. It would be a pilot through 2028, and law enforcement will collect data on pedestrian-involved crashes until then.

 

AB 773 – CITY ‘SLOW STREETS’

The goal of this bill is to make it easier for cities to make the “slow streets” created during the COVID-19 pandemic permanent, and turn streets into safe outdoor spaces for transportation and recreation. Several cities during the COVID crisis have instituted local variations of “slow streets” programs, including barricades to slow traffic or prohibit cut-through traffic to create safe places for people to exercise, recreate, move or just be outside. AB 773 adds more to those specific circumstances under which a street closure is allowed, and could allow one to be permanent if cities determine “that closure or traffic restriction is necessary for the safety and protection of persons using the closed or restricted portion of the street.” In short, it would make it easier for cities to lower speed limits and even do permanent closure of local streets if the closure would make streets safer for pedestrians, bicyclists, and other non-motorized road users.

 

AB 122 – BIKES YIELD

This bill allows cyclists to treat stop signs as yield signs when it’s safe to do so. In fact, AB 122 would specifically require people riding bicycles to yield at stops signs if the intersection is clear. This practice, though extremely common, has been technically illegal. Other vehicles would have to yield the right of way to the bicyclist if they had already yielded. Traffic officers would still be allowed to cite people biking if they blow through stop signs in a way that endangers others.

“Research and common sense make clear that complete stops at all stop sign-controlled intersections make bike trips slower and require more energy from the rider,” stated author Assemblyman Boerner Horvath of Encinitas. “Studies on cyclists’ stopping behavior also find that these full stops do nothing to improve, and can even reduce, rider safety — attributed mainly to the increased time cyclists spend in the intersection after a full stop compared to the safe yielding alternative.”

AB 122 would only be a six year pilot program with an end date of Jan. 1, 2028 with a report on the program due that year and would also not affect driver liability if there is an accident.

 

AB 917 – AUTOMATED BUS LANE ENFORCEMENT

This bill would allow buses to install cameras that can take and use images of bus-lane and parking violations to enforce them. This is building on a program already in place in San Francisco County. AB 917 argues that drivers who park in bus lanes delay essential workers who take transit. And blocked up bus lanes cost transit agencies money by keeping bus drivers tied up in traffic, which drains local and state transit funding. Transit agencies will have to broadly announce a new bus lane enforcement program and only issue warnings for 60 days. Consistent automated enforcement will keep bus lanes free of parkers in a way that doesn’t create unnecessary interactions between law enforcement and the public, according to authors.

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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, text, or chat with us at chainlaw.com.

New year, new state laws face California drivers, workers, families

January 6, 2021 | 5:00 am


The New Year means new rules for Californians, including for drivers.

New state laws for 2021 include those aiming to crack down even more on distracted driving, protecting crews working on the side of the road, and preventing those who break into a car to rescue a child from facing charges, among others. Read on to learn more about these new laws.

License Points for Distracted Driving (AB 47): Drivers who violate the hands-free law by using a handheld cell phone while driving for a second time within 36 months will have a point added to their driver’s record. It is currently punishable by a fine. This applies to the violations of talking or texting while driving (except for hands-free use) and to any use of these devices while driving by a person under 18 years of age. (Begins July 1)

“Move Over, Slow Down” Amendments (AB 2285): Drivers coming up on a stationary emergency vehicle displaying emergency lights — applying to local streets and road now, and not just freeways — will be required to move to another lane if possible or slow to a reasonable speed. It also applies to tow trucks and Caltrans vehicles. This extends the state’s “Move Over, Slow Down” law that went into effect in 2020, which allows authorized emergency vehicles to use a “Hi-Lo” warning sound, different from a siren, to let the public know they need to evacuate an area in an emergency. Learn more about work zone safety awareness at bit.ly/workzoneaware. (Begins Jan. 1)

Unattended Children in Motor Vehicles (AB 2717): A person damages a vehicle while rescuing a child from a vehicle from heat, cold, lack of ventilation or other dangers will be exempt from civil or criminal liability or trespassing. The law only applies if the child is 6 years old or younger under dangerous conditions “that reasonably could cause suffering, disability, or death.” The steps that should be taken include calling 911, ensuring the vehicle is locked and there is no other way to enter the car without forced entry, and having a “good faith belief” that rescuing the child is necessary due to imminent potential harm. (Begins Jan. 1)

Real ID Deadline (AB 1480): The deadline to get a Real ID driver’s license or state ID card is Oct. 1, 2021, according to the California DMV. If you want to continue using your driver’s license or ID card to “board domestic flights within the U.S.” and “enter secure federal facilities,” it is recommended that you apply. People must complete the online application and bring required documents before visiting a field office.

 

OTHER NON-VEHICLE LAWS FOR 2021

Minimum Wage : As part of California’s continued incremental raising of the minimum wage, it will go up to $14 per hour on Jan. 1 for employers with 26 or more employees. Businesses with 25 or fewer employers must increase minimum wage to $13 per hour. Minimum wage may be higher where you live already based on local laws.

Use of Force: The law requires law enforcement policies to require officers to immediately report potential excessive force, and to intercede when present and observing an officer using excessive force. The bill would also prohibit retaliation against officers who report violations of law or regulation of another officer to a supervisor. Another law (AB 1196) prohibits police from using chokeholds and carotid holds after a number of high-profile deaths in police custody around the nation. Learn more about Kern County’s ongoing issue with excessive force at bit.ly/kernprotests.

Sheriff Oversight: This law authorizes counties to establish sheriff oversight boards and an office of inspector general and empowers them to issue subpoenas “when deemed necessary to investigate a matter within their jurisdiction.” Click here to learn more about the settlement between the California Department of Justice and Kern County Sheriff’s Office after an investigation into civil rights violations and excessive force allegations, some of which stem from Chain | Cohn | Stiles cases.

Employment Safety (AB 685): Employers must inform employees and take measures if COVID-19 exposure occurs. The employer will be required to provide written notice of exposure to employees on the worksite premises, as well as provide information about COVID-related benefits to exposed workers. The employer must also report the exposure to their local public health agency within 48 hours. Learn more about worker safety issues, and benefits available to workers who contract COVID-19 at work, by clicking here.

Family and Medical Leave (SB 1383): People who directly employ five or more employees will be required to provide unpaid family and medical leave to those who qualify. It also will allow employees to take protected leave to care for an expanded set of family members.

Prisoner Gender Identity: The California Department of Corrections and Rehabilitation will be required by law to ask all inmates for their gender identity, and to recognize and address inmates by their gender pronoun in all communications. The law also stipulates that transgender inmates must be housed at a facility matching their gender identity, unless the department can provide “a specific and articulable basis” for denying that housing due to security or management concerns. Under the law, transgender, non-binary and intersex inmates must be searched by an officer whose gender identity matches that of the inmate, or by an officer whose gender matches the designation of the facility housing the inmate if the inmate’s gender identity cannot be determined.

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California ranked 4th worst state to drive in the United States, according to report

February 5, 2020 | 3:37 pm


Have you had a bad driving experience lately? Well, you may not be alone.

California has been named the fourth worst state to drive in the United States, according to a new report from WalletHub, a personal finance and information website. WalletHub compared driving experiences across all 50 states to help drivers identify the states that provide the best commuting conditions. It looked at 31 factors, including four key dimensions:

  1. Cost of ownership and maintenance
  2. Traffic and infrastructure
  3. Safety
  4. Access to vehicles and maintenance.

California was found to have the highest percentage of rush hour traffic congestion, the second highest average gas prices, and the fifth highest car theft rate, according to WalletHub. On the positive side: California is reported to have the fewest days with precipitation, the most auto repair shops per capita, and the most car washes per capita.

In all, California ranked No. 47 worst state to drive. Here’s the complete breakdown:

  • Ranking of 49 for cost of ownership and maintenance.
  • Ranking of 46 for traffic and infrastructure
  • Ranking of 4 for safety
  • Ranking of 1 for access to vehicles and maintenance

According to the study, the only states worse for driving than California were Washington, Rhode Island and Hawaii. On the other hand, the best states for driving were Iowa, followed by Tennessee, North Carolina, Texas and Nebraska.

Among the data analyzed by WalletHub were from the National Highway Traffic Safety Administration and the Federal Highway Administration. WalletHub also asked a panel of experts regarding the future cost of car ownership, electric and self-driving vehicles, and perhaps most importantly: safety. Among the comments made regarding safety, and how to reduce the number of traffic fatalities, the experts commented:

  • “Several infrastructure improvement and policy measures are found associated with the reduction in traffic fatalities including speed reduction and traffic calming measures (like raised intersections and middle islands), dedicated and protected bicycle lanes and safer pedestrian crossings. Indirect interventions like alcohol taxes and mode alternatives (night transit, taxis, ride-hailing) are related to drunk driving reduction. A combination of such measures along with educational campaigns for safe driving can assist States with reaching Vision Zero goals.
  • Banning the use of cell phones while driving with severe penalties for violators.
  • Reducing road use taxes for vehicles with sensors that prevent unsafe driving.

Other recent reports have highlighted other not-so-good California facts, including the fact that in Los Angeles, people spent 119 hours a year last year stuck in traffic, and Sacramento being home to some of the worst drivers in the country (according to a report by QuoteWizard) when looking at speeding tickets, accidents, DUIs and citations.

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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.

New state law gives sexual assault, abuse victims more time to seek justice

January 29, 2020 | 10:21 am


The new year brings with it a new law in California allowing victims of childhood sexual assault more time to file lawsuits, and seek justice.

Assembly Bill 218 gives victims of childhood sexual abuse either until age 40 or five years from discovery of the abuse to file civil lawsuits. The previous limit had been 26, or within three years from discovery of the abuse. It also allows victims of all ages three years to bring claims that would have otherwise been barred due to existing statutes.

“Abuse victims are grateful to get a shot at justice through this new law without a stringent time limit,” said managing partner and attorney David Cohn, who has represented many victims of sexual abuse through his work at the Law Office of Chain | Cohn | Stiles. “It’s important for victims to come forward when they are ready, and ultimately protect our community from future abuse, and obtain accountability.”

Specifically, the new law is a game-changer for childhood victims because it changes how survivors are treated and supported.

In recent years, allegations of sexual abuse have been voiced by victims and conveyed through media reports from Olympic teams, school children, Boy Scouts, and Catholic churchgoers, with media highlighted such allegations. We’ve seen an uprising of women (and men, too) who have gone public with their stories of sexual harassment, assault and abuse, and systemic sexism, particularly in the world of Hollywood.

In fact, the California Catholic Conference in a statement to media described sexual abuse by members of the clergy as a “legacy of shame.”

“It is a legacy of shame for all of us in the Church, and we are aware that nothing can undo the violence done to victim-survivors or restore the innocence and trust that was taken from them,” the statement read. “Ultimately, our hope is that all victim-survivors of childhood sexual abuse in all institutional settings will be able to have their pain and suffering addressed and resolved and so our prayers are that AB 218 will be a step forward in that direction.”

California is at least the third state this year to pass such a law, according to reports. Earlier this year, New York and New Jersey raised their statutes of limitations to age 55. New York also suspended its statute of limitations for one year, leading to hundreds of lawsuits against hospitals, schools, the Roman Catholic Church and the late financier Jeffrey Epstein.

“This law puts powerful institutions like the Catholic hierarchy, public schools and sports leagues on notice that they cannot allow predators to molest children, cover up their crimes and escape responsibility,” said Matt Clark, senior partner and attorney with Chain | Cohn | Stiles.

Chain | Cohn | Stiles has been involved in several lawsuits in recent years in representing victims of sexual abuse and sex assault:

  • Our attorneys filed lawsuits in federal court against the County of Kern and a juvenile corrections officer on behalf of a young woman who were sexually abused at juvenile hall.
  • Our lawyers also filed claims on behalf of several students who were victims of sexual misconduct at North High School. Kern County Sheriff’s Office has arrested Edwin Rodriguez on suspicion of lewd and lascivious acts with minors 14 to 15 years old, exhibiting harmful matter to a minor, annoying a child under 18 and false imprisonment.
  • Chain | Cohn | Stiles represented Karen Frye, who was sexually molested at Lerdo Jail by a Kern County Sheriff’s Department detentions deputy. The law firm filed suit against the county for civil rights violations, conspiracy, sexual assault and battery, negligence, fraud, breach of contract and excessive use of force. The department also attempted to “buy off” Frye by offering her $1,500 in exchange for her agreement to not sue the department. That case settled for $300,000.
  • We represented a woman who was sexually assaulted by Kern County deputy Gabriel Lopez in her home in Tehachapi. Lopez sexually assaulted at least two other people as well. He pleaded no contest to two counts of assault by a public officer, two counts of false imprisonment, and two counts of sexual battery, and was sentenced to two years in prison. Chain | Cohn | Stiles attorneys also represented a 79-year-old woman who called the sheriff’s office during a dispute with her husband, who was diagnosed with late-stage Alzheimer’s. She, too, was sexually assaulted by Lopez in a similar fashion to his other victims. The third victim was quietly paid $5,000 by the department, and was unable to bring a civil claim.

In addition, the partners at Chain | Cohn | Stiles penned a “Community Voices” article, calling on the County of Kern to cease practices that call for confidential settlements in lawsuits pertaining to victims of sexual assault, as well as paying “hush money” to those victims.

Here’s what you can do if you’ve been sexually assaulted or abused:

  • Call for help: Always call the police, a rape hotline or both following any form of sexual assault or abuse. This can be difficult to do, but the sooner you get in touch with someone, the sooner justice can be served.
  • See a doctor: Seek immediate medical care following a rape or sexual abuse scenario. Hospitals often have specialists trained to help in these types of situations and they often have someone on staff that can help with the stress.
  • Contact an attorney: After you have taken all the aforementioned steps, contact a legal professional, who has understanding of sexual abuse law.

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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, or sexually abused or assaulted by someone in authority, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

New year, new laws for California drivers, police, bicyclist, and more

January 1, 2020 | 6:00 am


The New Year brings new laws to California.

For 2020, several new laws will affect roadway safety starting Jan. 1, including increased distracted driving penalties, peace officer use of deadly force, bicycle turning movements at intersections, wildlife salvage permits, and motor carrier permit rules. The following laws are relevant for Chain | Cohn | Stiles legal practices, as the law firm handles accident and injury cases.

  • Traffic control devices for bicycles (AB 1266): This new law allows bicycles to travel straight through a right or left-hand turn-only lane while at an intersection, if an official traffic control device indicates the movement is permitted. The California Department of Transportation would be required to develop standards to implement the provisions.
  • License points for distracted driving (AB 47): Current law prohibits a person from driving a motor vehicle while using a wireless telephone in a handheld manner; if found in violation, the offense is punishable by a fine. A new law will levy an additional penalty on a driver found in violation of California’s hands-free law: a point will be added on to a driver’s record for each hands-free violation occurring within 36 months of a prior conviction for the same offense.
  • Peace officer use of deadly force (AB 392): This new law revises the standards for use of deadly force by peace officers. The use of deadly force by a peace officer is justifiable when the officer reasonably believes it is necessary, amending the reasonable force standard to “objectively reasonable force.”
  • Law enforcement training (SB 230): This new law requires law enforcement agencies to rewrite use of force policy and provide mandatory training to all peace officers in order to comply with the new law.
  • Cannabis and passenger vehicles (AB 1810): California law will now prohibit the consumption of cannabis, in any manner, by passengers in a bus, taxicab, pedicab, limousine, housecars, or camper. This exemption is now only applicable to alcoholic beverages consumed by passengers in these types of vehicles.

Besides these traffic laws above, you should be aware of several other new laws in 2020 affecting the workplace, your privacy, animals, schools, and the criminal justice system.

WORKPLACE

  • Minimum wage (SB 3): The minimum wage in California goes up by one dollar to $12 an hour for workers at companies with 25 or fewer employees and to $13 an hour for workers at larger companies.
  • Hairstyles (SB 188): California becomes the first state to ban workplace and school discrimination based on a person’s natural hairstyle or hair texture. Protected hairstyles include braids, twists and locks.
  • Lactation accommodations (SB 142): This new law requires companies to provide appropriate lactation accommodations that is close to the employee’s work area, has electrical plugs and is free of intrusion.
  • Sexual harassment (SB 1343): Requires businesses with at least five employees to provide sexual harassment training to its employees within six months of being hired, and every two years after that.
  • Paid family leave (SB 83): New parents will have more time to care for their child. Benefits under Paid Family Leave will increase from six weeks to eight weeks starting on July 1, 2020.

HOUSEHOLDS

  • AB 1482: Rent control: The law limits rent increases to 5 percent each year plus inflation, but never above 10 percent total. The law does not apply to housing built in the 15 years prior. The limit is a rolling number so the date housing is excluded changes every year.
  • AB 652: Religious displays: The law prohibits landlords and homeowner associations from banning the display of religious items on entry doors or door frames. The items cannot be larger than 26 by 12 inches.
  • SB 222: Housing discrimination: This law expands existing law to protect veterans and military personnel against housing discrimination.
  • SB 30: Domestic partners: This law allows heterosexual couples to register as domestic partners instead of getting married. Currently, only heterosexual couples age 62 or older were allowed to register as domestic partners because of social security benefits. The new law could help couples with combined higher incomes avoid the federal marriage tax penalty.

PRIVACY

  • Online privacy (AB 375): The California Consumer Privacy Act (CCPA) gives internet users more control over their data. Among other things, the law gives users the right to know what data is collected, the right to reject the sale of your information and the right to delete your data.

EDUCATION

  • School suspensions (SB 419): The law bans schools from suspending students in grades 4-8 for disrupting school activities or defying teachers and administrators. Students in grades K-3 already have this protection. High school students must wait until 2025 for the same benefit.

CRIMINAL JUSTICE

  • Juvenile hall (SB 439): Minors under 12 who commit non-violent crimes would be released to his or her parent or legal guardian instead of being sent to juvenile hall. The law does not apply to minors who commit murder, rape, or great bodily harm.
  • Human trafficking (SB 970): Operators of motels and hotels in California must provide training to teach its staff how to identify victims of human trafficking.

ANIMALS

  • Dog areas (AB 1762): The California Department of Parks and Recreation has until July 1 to establish a comprehensive list of state parks that allow dogs, including the specific areas that allow dogs and the total miles of trails that are open to dogs.

WILDFIRES

  • Public safety power shutoffs (SB 167): Requires utilities to devise plans on reducing the negative impact of planned power shutoffs to first responders and people with disabilities.
  • Tree trimming (AB 247): Gives the California Public Utilities Commission more oversight over tree trimming efforts by utilities. Power companies would have to submit timely reports on their brush and tree trimming work.
  • Wildfire warning center (SB 209): Establishes a wildfire warning center to broaden the state’s ability to predict and prepare for wildfire. The center would rely on a statewide network of automated weather stations and fire detection cameras.

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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.

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

New Year, new laws in California for safer streets

December 28, 2016 | 11:51 am


In California, the New Year also means new laws.

And for 2017, several new transportation-related laws, and changes to existing laws, are taking effect starting Jan. 1. Many of them are aimed to keep drivers safer on our streets, including addressing the use cell phones in cars, child safety seats, and motorcycle lane splitting.

The accident and injury law firm Chain | Cohn | Stiles wanted to share some of these changes ahead of the New Year. Learn a little more about them below here, courtesy of the California Department of Motor Vehicles:

Use of Electronic Wireless Devices (AB 1785): Driving a motor vehicle while holding and operating a cellphone will be prohibited, unless the device is mounted on a vehicle’s windshield or is affixed to a vehicle’s dashboard or center console where it does not block the driver’s view of the road. According to the Sacramento Bee, “the law is designed to stop people from holding their phones for a variety of uses that have become popular in recent years, including checking and posting on Facebook, using Snapchat, scrolling through Spotify or Pandora playlists, typing addresses into the phone’s mapping system, or making videos and taking photos.”

A recent California Office of Traffic Safety study found that one out of eight drivers pays as much attention to his or her smartphone as on the road. Distracted driving accounts for some 80 percent of crashes.

Child Safety Seats (AB 53): This law requires a parent, legal guardian, or the driver of a motor vehicle to properly secure a child who is younger than 2 years of age in an appropriate rear-facing child passenger restraint system, unless the child weighs 40 or more pounds or is 40 or more inches in height.

Motorcycle Lane Splitting (AB 51): This law defines “lane splitting” as driving a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane. The law authorizes the California Highway Patrol to develop educational guidelines on lane splitting to help ensure the safety of all motorists. CHP would have to consult with safety agencies and organizations to craft the guidelines for motorcycle lane splitting.

DUI ‘Ignition’ Interlock Devices (SB 1046): This bill extends a pilot program that requires most convicted DUI drivers to install ignition interlock devices, which prevent them from operating a motor vehicle while under the influence. Under the law, the DUI offender is able to obtain a restricted driver’s license, have their license reissued, or get their motor vehicle privileges reinstated on the condition that they install a device in their vehicle for a prescribed amount of time. The bill extends the pilot program in four California counties — Kern County not being one of them — before it expands to the entire state on Jan. 1, 2019.

Chain | Cohn | Stiles is actively involved with Mother Against Drunk Driving, Kern County.

Accident Reporting (SB 491): This law increases the minimum financial threshold for property damage that is required to be reported to the DMV from $750 to $1,000 when a driver is involved in a motor vehicle crash.

Vehicle Safety Recalls (AB 287): This law, called the Consumer Automotive Recall Safety (CARS) Act, requires the DMV to include a general advisory regarding vehicle recalls and needed repairs on each vehicle registration renewal notice. This law also bans a dealer or a rental car company from renting or loaning a vehicle with a manufacturer’s recall until the vehicle has been repaired.

Installing Counterfeit or Nonfunctional Air Bags (AB 2387): This law prohibits knowingly and intentionally manufacturing, importing, installing, reinstalling, distributing, or selling any device intended to replace an air bag system in any motor vehicle if the device is a counterfeit or nonfunctional air bag system, or does not meet federal safety requirements. This violation is a misdemeanor punishable by a $5,000 fine and/or up to a one year in county jail.

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If you or someone you know is involved in a motor vehicle accident at the fault of another, please call the accident and injury lawyers at Chain | Cohn | Stiles at (661) 323-4000, or visit the website chainlaw.com.

Community Voices: Bad workers’ compensation laws in California are costing taxpayers

October 26, 2016 | 9:02 am


Editor’s Note: The following article appeared as a Community Voices article in the Oct. 14, 2016, Opinion section of The Bakersfield  Californian. To read the article in print format, click here. To see the article online, click here

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Taxpayers: Bad workers’ comp laws in California are costing you

By James A. Yoro

As a business owner, I have a personal investment in the health and welfare of my employees. Not only do I want a safe working environment but if, God forbid, they get injured, I want them to be taken care of so that they can return to work as soon as they recover.  That is what I expect for the insurance premium dollars I have spent.

A workers’ compensation system that provides adequate support to injured workers is a key component to the social safety net that we as a society have all agreed is necessary. It provides a fair and balanced approach to the costs of doing business and the unfortunate inevitability of on-the-job injuries.

Continuing erosion of these safety net benefits result in harmful and widespread economic consequences to the injured worker. What often goes unnoticed and unmentioned is the fact that we all will ultimately bear the brunt of this denial of benefits as a result of the cost shifting that occurs.

In fact, it’s costing you, my fellow taxpayers, right now.

California’s private workers’ compensation insurance carriers so effectively lobbied California’s legislators that they have eroded the system to the extent that the costs for the long-term care and disability for injured workers in the state often falls on taxpayers through the Medicare, Medi-Cal and Social Security system. This is an undue burden to the taxpayers and a shirking of the insurance company’s responsibilities. California’s workers’ compensation insurers continue to collect premiums from California’s employers all to increase their profits while California’s injured workers ultimately have to rely on taxpayer-funded systems.

A recent U.S. Department of Labor report (“Does the workers’ compensation system fulfill its obligations to injured workers?” – Oct. 5, 2016) outlines the troubling condition faced by injured workers because state-sponsored workers’ compensation programs throughout the nation are failing to provide even rudimentary benefits.

“Other social benefit systems … have expanded our social safety net, while the workers’ compensation safety net has been shrinking. There is growing evidence that costs of workplace-related disability are being transferred to other benefit programs, placing additional strains on these programs at a time when they are already under considerable stress.”

For example, here in California, benefits paid to injured workers to replace lost wages during the time off needed to recover from an injury have been capped at 104 weeks. The consequence of this is that those most seriously injured who do not recover in that amount of time face severe financial pressures. With no other similar benefit available, the burden to survive falls on the disabled worker, and ultimately the taxpayers.

The labor department report calls for an increase in the federal role of oversight including the appointment of a new national commission and establishment of minimum standards.

Business owners and employers should all be contacting their legislative representatives and demanding an end to this continuing degradation of rights and benefits to our hard-working labor force.

I am not a proponent of federal intervention into our states workers’ compensation system; however, this report should serve as a wake-up call to all of us. If we do not take care of our injured workers, then the threat of big government casting its shadow across our Golden State looms large in our foreseeable future.

James A. Yoro is a certified workers’ compensation attorney, a senior partner at the Bakersfield-based injury and workers’ compensation law firm Chain | Cohn | Stiles, and has nearly 40 years of experience in the practice.

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If you or someone you know is hurt on the job, contact our workers’ compensation attorneys by calling (661) 323-4000 or 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 value of the fraud, whichever is greater, or by both imprisonment and fine.