Completed and Accepted Doctrine
“[W]hen a contractor completes work that is accepted by the owner, the contractor is not liable to third parties injured as a result of the condition of the work, even if the contractor was negligent in performing the contract, unless the defect in the work was latent or concealed. [Citation.] The rationale for this doctrine is that an owner has a duty to inspect the work and ascertain its safety, and thus the owner’s acceptance of the work shifts liability for its safety to the owner, provided that a reasonable inspection would disclose the defect. [Citation.]” (Jones v. P.S. Development Co., Inc. (2008) 166 Cal.App.4th 707, 712 [Jones ], disapproved on another ground in Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532, fn. 7; Sanchez v. Swinerton & Walberg Co. (1996) 47 Cal.App.4th 1461, 1466–1471 [Sanchez ].) Stated another way, “when the owner has accepted a structure from the contractor, the owner’s failure to attempt to remedy an obviously dangerous defect is an intervening cause for which the contractor is not liable.” (Sanchez, supra, 47 Cal.App.4th at p. 1467.) The doctrine applies to patent defects, but not latent defects. “If an owner, fulfilling the duty of inspection, cannot discover the defect, then the owner cannot effectively represent to the world that the construction is sufficient; he lacks adequate information to do so.” (Sanchez, supra, 47 Cal.App.4th at p. 1467.)
Neiman v. Leo A. Daly Co. (Cal. Ct. App., Oct. 30, 2012, B234537) 2012 WL 5333416
Memorial Day Weekend Traffic Deaths Down
CHP statistics showed a declining number of traffic-related deaths this past holiday weekend. Even though it was predicted that our freeways would have record number of drivers, and some roads were jammed for hours, drivers appear to have been driving more safely.
May through September has a higher rate of fatal motorcycle crashes than other months, with midsummer generally accounting for twice as many crashes as midwinter simply because more people are riding, according to the CHP safety office. Child bicycle fatalities also go up by as much as 45 percent during the summer.
April was Distracted Driving Awareness Month and May is Motorcycle and Bicycle Safety Awareness month. The consistent message here is to be aware of the distractions that take your mind and eye off the road, even for that nano second. Drive safe and keep your family and friends safe this summer.
May is National Bike Safety Month
With that warm and beautiful weather, comes an even greater responsibility for adults and children be aware of your surroundings as you head out to share and enjoy the roads on your bicycle.
According to the NHTSA, 630 pedalcyclists were killed and an additional 51,000 were injured in 2009 in motor vehicle traffic crashes. Pedalcyclist deaths accounted for 2 percent of all motor vehicle traffic fatalities, and made up 2 percent of all the people injured in traffic crashes during the year.
The best guideline is: Be Alert. Be Wary. Be Seen.
Be Alert: Scan ahead, center, left and right.
Although drivers of motor vehicles need to share the road with bicyclists, many times the cyclist is not seen. All drivers and riders should be courteous.
Drivers should:
>allow at least three feet clearance when passing a bicyclist on the road,
> look for cyclists before opening a car door or pulling out from a parking space,
> and yield to cyclists at intersections and as directed by signs and signals.
> Be especially watchful for cyclists when making turns, either left or right.
Cyclists need to
> keep your head up and look ahead, not at the ground. You need to see what is coming up so you have time to react and maneuver.
> ride one person per bike. Riding with unsecured passengers puts you at risk for injury to yourself and others.
> ride in single file with space between bikes.
> ride on the right side of the road, never against traffic. Otherwise, you are at risk for an accident – or a ticket.
Be Wary: Pay attention to vehicles, pedestrians and others on the road.
Bicyclists are considered vehicle operators; they are required to obey the same rules of the road as other vehicle operators, including obeying traffic signs, signals, and lane markings. When cycling in the street, cyclists must ride in the same direction as traffic.
Be Seen: Use your horn, hand signals and light to be seen by others on the road.
Bicyclists should increase their visibility to drivers by wearing fluorescent or brightly colored clothing during the day, dawn,
and dusk. To be noticed when riding at night, use a front light and a red reflector or flashing rear light, and use retro-reflective tape or markings on equipment or clothing.
Important Safety Reminder:
All bicyclists should wear properly fitted bicycle helmets every time they ride. A helmet is the single most effective way
to prevent head injury resulting from a bicycle crash. California state law requires helmets for all bicyclists under age 18.
A whopping 60,800 tickets were issued to distracted California drivers in April 2012
Between the California Highway Patrol and local law enforcement agencies throughout the state, 57,000 tickets were issued during Distracted Driving Awareness month, for driving while using a handheld cell phone or texting, and another 3,800 for additional distracted driving violations which could include eating, grooming, programming a GPS, and other functions.
“Unfortunately, we’re seeing that the problem of cell phone use for talking and texting while driving is not going away anytime soon,” said California Office of Traffic Safety (OTS) Director Christopher J. Murphy. “There are those who understand the dangers and have curtailed their use, while others think the hazards apply to everyone else but them.”
The ability to safely multi-task while driving is myth. While many people know texting while driving increases crash risk, the lack of understanding about the risks of phone conversation, even hands-free, while driving remains a challenge. Talking on hands-free or handheld cell phones requires the brain to multitask – a process it cannot do safely while driving.
To explain the limitations of the human brain when multitasking the National Safety Council (NSC) released a white paper, “Understanding the Distracted Brain: Why driving while using hands-free devices is risky behavior.“
It only takes a second to swerve a few feet.
Swerving out of your lane to the left could put you in line of another vehicle coming in the opposite direction. Swerving to the right could cause you to hit a pedestrian or another car slowing down to turn right. Big trucks do not have the ability to stop or swerve to miss a car that unexpectedly swerves into their lane.
Looking away for only a second, you could miss seeing the motorcycle in front of you or one that is splitting lanes next to you.
Looking away for only a second is all it takes to potentially cause serious injuries to yourself or another person – or worse – even death. One teenage driver currently under arrest said the distraction of a hand-held cell phone caused her to fatally hit a 44-year-old jogger.
April was Distracted Driving Awareness Month and May is Motorcycle Safety Awareness month. The consistent message here is to be aware of the distractions that take your mind and eye off the road, even for that nano second.
Common sense tips to protecting yourself from distracted driving:
> Put your cell phone out of reach when you get in the car so you won’t be tempted to use it.
> Mention on your outgoing voicemail message that you won’t answer when you are driving.
> Don’t call or text anyone when there is a good chance that they may be driving.
> When you must call or text, pull into a parking space.
> Never eat, groom, program a GPS, check Facebook, run an app, read or otherwise allow your full attention to leave the task of safely driving.
Share the road. Drive safe.
Even mild head injuries can cause significant abnormalities in brain function
According to new research published in the Journal of Neuroscience even mild head injuries can cause significant abnormalities in brain function that last for several days.
Scientists at the Virginia Commonwealth University School of Medicine say this may explain the neurological symptoms experienced by those who have experienced a head injury associated with sports, accidents or combat.
Previous research has shown that even a mild case of traumatic brain injury (TBI) can result in long-lasting neurological issues, such as slowing of cognitive processes, confusion, chronic headaches, post-traumatic stress disorder, and depression.
Protect your brain. Head injuries can occur from playing sports, a motorcycle crash, an auto accident, falling on the ground and many other accidents. TBI affects all ages, all ethnic communities, and all professions, but is particularly prevalent in young children and older people where it is now the leading cause of death and disability. Among older people, falls are the primary cause of TBI, and among younger people, car crashes and sports injuries are significant contributors.
People are becoming more aware of brain trauma, but it’s important to continually educate yourself.
Read more on Traumatic Brain FAQ’s .
Drive safe, be aware of other drivers on the road, including motorcycle riders, bicyclists and pedestrians. Wear a helmet when you ride a motorcycle, a bicycle or play certain sports.
Share the road.
Motorcycle Awareness Month Applies to All Motorists
In a car versus motorcycle crash, the biker will lose every time, however, the passengers in the car can also be fatally hurt at the same time.
NHTSA
encourages local, State, and national organizations to use this model “Share the Road” language in their driver awareness programs:
- Road users are reminded to never drive, bike, or walk while distracted. Doing so can result in tragic consequences for motorcyclists.
- A motorcycle has the same rights and privileges as any other vehicle on the roadway.
- Allow a motorcyclist a full lane width. Although it may seem that there is enough room in the traffic lane for a motor vehicle and a motorcycle, the motorcycle needs the room to maneuver safely. Do not share the lane.
- Because motorcycles are small, they can be difficult for other road users to see them, or judge their speed and distance as they approach.
- Always signal your intentions before changing lanes or merging with traffic. This allows motorcyclists to anticipate traffic flow and find a safe lane position.
- Because of its smaller size, a motorcyclist can be hidden in a vehicle’s blind spot. Always check for motorcycles by checking mirrors and blind spots before entering or leaving a lane of traffic and at intersections.
- Don’t be fooled by a flashing turn signal on a motorcycle – motorcycle signals may not be self-canceling and motorcyclists sometimes forget to turn them off. Wait to be sure the rider is going to turn before you proceed.
- Remember that road conditions that are minor annoyances to motorists can pose major hazards to motorcyclists. Motorcycle riders may change speed or adjust position within a lane suddenly in reaction to road and traffic conditions such as potholes, gravel, wet or slippery surfaces, pavement seams, railroad crossings, and grooved pavement.
- Allow more following distance — three or four seconds – when following a motorcycle so the motorcycle rider has enough time to maneuver or stop in an emergency. In dry conditions, motorcycles can stop more quickly than cars.
Shared Respect Among All Road Users Can Save Lives
Motorcycle Lane-Splitting is Legal in California
Motorcycle season is in full swing and now is the perfect time to remind all drivers to play it safe. There are more than one million licensed motorcycle riders in Calif. and the climate in the sun-drenched state means motorcyclists will be numerous in the coming months.
In conjunction with declaring May to be Motorcycle Safety Awareness Month. the California Office of Traffic Safety has published the results of its first-ever survey on the thoughts of both motorcyclists and automobile drivers on lane-splitting.
“Lane-splitting” is squeezing between two lanes of slower vehicle traffic headed in the same direction. Experts urge motorcyclists and drivers to be aware of the riders who split lanes. Although it’s legal, the survey shows that only 53 percent of drivers know that, and some of them admit trying to stop bikers from riding between lanes of traffic.
While drivers need to look for motorcycle riders, it’s important for motorcyclists to minimize their risks by riding responsibly. They need to assume that people driving cars may not see them, especially if the rider is in their blind spots. Motorcycle riders need to look out for themselves by wearing the right gear – a proper correctly fit helmet, armored jacket, pants, boots and gloves. Every motorcycle rider, from novice to experienced bikers, can also benefit from safety training. The CHP offers a California Motorcyclist Safety Program.
“Share the Road” is the Message During Motorcycle Safety Awareness Month.
Mock crashes used as a wake up call
Every year around prom and graduation, a number of high schools around the country host elaborate mock crashes to drive home the dangers of distracted driving. Police officers, firefighters and emergency medical personnel stage a mock motor vehicle collision on the grounds of the schools in an effort to remind students how driving under the influence of alcohol or drugs or driving while districted by texting or talking on a cell phone can have deadly consequences. The practice dates back to the early 1990s. The scenes are meant to shock and startle.
But they may not pack the punch organizers are going for even as emergency responders, fire-rescue trucks, helicopters and other community resources are deployed to show what happens after a major crash. Research shows that a few days after the mock crash the gripping display of twisted bodies and metal fades from teen’s minds, and their sense of invincibility returns, said Penny Wells, executive director, Students Against Destructive Decisions (SADD).
According to the Department of Health and Human Services, Office of Adolescent health (HHS), motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths of high school students.
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Parents need to encourage your young driver to drive responsibly by following speed limits and avoiding distractions while driving such as talking on a cell phone, focusing on the radio or even looking at fellow passengers instead of the road. When parents set the example, it is more likely the teens will do the same.
It can’t be said enough – pledge to drive distraction free.
Distracted driving is the cause of thousands of preventable injuries each year and has cost many families the life of a loved one. You can start solving the problem by pledging to change your own behavior and drive distraction-free from now on and then sharing this pledge with friends and family.
Tips from the AAA Foundation for Road Safety to help you to be a more alert (and alive) driver:
PLAN AHEAD.
Set your GPS, read maps and check traffic conditions before you get on the road. Plan your route and a potential alternative. If you need to set your GPS with a new route – pull over to the side of the road.
REMOVE THE TEMPTATION.
Turn off your phone before you drive so you won’t be tempted to use it while on the road.Put your phone away in a purse or briefcase. If you must text or all, pull over to a safe place to do so.
A majority of drivers – 94% – agree that texting or emailing while driving is unacceptable and 87% support laws against reading, typing or sending text messages or emails while driving, according to the AAA Foundation’s 2011 Traffic Safety Culture Index, yet more than one-third of drivers reported texting or emailing while driving in the previous month. This “do as I say, not as I do” attitude is one of the greatest obstacles preventing us from improving safety on our roads.
PREPARE YOUR FAMILY FOR THE TRIP
Get the kids safely buckled in and situated with snacks and entertainment before you start driving. If they need additional attention during the trip, pull off the road safely to care for them. Similarly, prepare and secure pets appropriately in your vehicle before getting underway. Your car isn’t a dressing room. Brush your hair, shave, put on make-up, and tie your necktie before you leave or once you reach your destination.
SATISFY THAT CRAVING OFF THE ROAD.
Eat meals and snacks before getting behind the wheel, or stop to eat and take a break if driving long-distance.
STORE YOUR POSSESSIONS.
Something loose and rolling around in the car can take your attention away from driving. Attemtping to grab something that is moving around can certainly make your driving risky.
MAKE SURE YOUR VEHICLE IS ROAD-READY.
Adjust seat positions, climate controls, sound systems and other devices before you leave or ONLY while your vehicle is stopped. Make sure your headlights are spotless so you can see everything on the road and every other driver can see you better. Keep your windshield clean and remove dangling objects that could block your view or distract you.
GET YOUR BRAIN IN THE GAME.
Focus on the task at hand – driving safely. Scan the road, use mirrors and practice identifying orally what you just saw to enhance your engagement as a driver. Keeping your head ‘in the game’ behind the wheel will help you improve your overall awareness and behavior as a driver. AAA offers classroom and online defensive driving courses that directly address distracted driving and offer tips for for avoiding these behaviors.
EVALUATE YOUR OWN BEHAVIOR FROM THE ‘OTHER’ SIDE OF THE ROAD.
When you’re on the road as a passenger or a pedestrian, take a look around and honestly evaluate whether you engage in poor driving behaviors that worry you when observed in other passengers or pedestrians.
Don’t be fooled. Distracted Driving Isn’t All About Teen Drivers.
During this Distracted Driving Awareness month a great deal of attention is being placed on teen drivers and texting, however adults pose even a greater risk.
The Pew Research Center conducted a study which found that one in four (27%) American adults say they have texted while driving, the same proportion as the number of driving age teens (26%) who say they have texted while driving.
Fully 61% of adults say they have talked on their cell phones while they were behind the wheel. That is considerably greater than the number of 16- and 17-year-olds (43%) who have talked on their cells while driving.
In addition, 49% of adults say they have been passengers in a car when the driver was sending or reading text messages on their cell phone. Overall, 44% of adults say they have been passengers of drivers who used the cell phone in a way that put themselves or others in danger.
Beyond driving, one in six (17%) cell-toting adults say they have been so distracted while talking or texting that they have physically bumped into another person or an object.
A nationwide survey commissioned by State Farm of 517 sets of teen drivers and their parents found that 61% of teens reported their parents were distracted by their cell phone or other electronic device at least once while teaching them to drive. 17 percent of the parents said they were distracted while teaching “sometimes, often or all the time.”
Adults should set the example. Those of us with kids owe it to ourselves and to our children to help them make the right decisions — and that help starts with leading by example.
Distracted Driving Awareness Month is for everyone. Drive Alert, Drive Safe, Stay Alive.
