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Entries in teen drivers (2)

Tuesday
Aug302011

Underage Drinking | Social Host Law & Responsibility in California

Injury Attorney Los AngelesLos Angeles Injury Lawyer 

 

by David B. Bobrosky
(818) 907-3254

 

In 2011 the California legislature amended Civil Code Section 1714(d) to allow claims “against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person under 21 years of age.”

Parents know teenagers are going to have get-togethers or parties. Having said that, most parents would rather have the kids at their house so they can keep an eye on their own child. I know that’s how we feel. Some parents, however, also feel it’s acceptable to provide alcohol to minors as long as they remain under adult supervision.

According to the law above, if they do, and the minor leaves their house and causes an accident, the host of the party can be held responsible.

A number of states have variations of this law. The laws are commonly known as “Social Host Laws.” This amendment is a major change to California law, which for many years specifically held that there is no social host responsibility. As to adults over 21, the law did not change, and generally, there is no social host responsibility.

California’s Zero Tolerance Law

Keep in mind that California also has a Zero Tolerance Policy as to drivers under 21 having alcohol in their system.

Most people know that it is against the law for a driver’s blood alcohol concentration (BAC) level to be .08% or greater.

Many people, however, do not know that if you are under 21, it is against the law to have a BAC level of just .01% or greater.

If you are found to have violated the Zero Tolerance Law, at a minimum, your license will be suspended for a year.

So for the next teenager party at your house, make sure there is no alcohol. Not only is it a crime to furnish alcohol to a minor, you may also find yourself on the other end of a civil lawsuit. And the minor will be in a worse situation.

David B. Bobrosky is a Los Angeles Personal Injury Attorney and safe driving proponent. You can reach him at: 818.990.2120.

 

 
Disclaimer:
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for obtaining legal advice from a licensed professional attorney in your state.

 

 

Thursday
Jul282011

DWD | Using Your Cell Phone and Driving

Injury Attorney Los AngelesLos Angeles Injury Lawyer 

 

by David B. Bobrosky
(818) 907-3254

 

Driving while distracted, or DWD, is a problem not just for Generation TXT, but also for seniors, baby boomers, Generation X, Generation Y and anyone else not devoting 100 percent of their attention to their driving. This poses a serious threat to everyone on the road.

It’s become such a huge factor in automobile accidents – accounting for 20 percent of injury crashes in 2009 – that the government has created a whole website of information to caution drivers. In fact, the DWD site breaks down distracted driving into three primary categories:

Cognitive – taking your mind off what you are doing

Manual – taking your hands off the wheel

Visual – taking your eyes off the road 

All three of these categories or dangers can factor into a potential accident when using your cell phone and driving, whether you’re using it to talk, text, navigate or change music. And in the age of smart phones, we’re especially susceptible to answering the sometimes deadly, siren call of texts and e-mails.

Is Distracted Driving a Disease?

The DWD phenomenon has become a plague to everyone on the road…so much so, that even the Center for Disease Control (CDC) has commissioned an analysis of the problem, Distracted Driving in the United States and Europe:

▪ 25 percent of drivers overall say they use their cell phones
while driving.

▪ 40 percent of drivers age 18-29 say they talk on their phones regularly or “fairly often” while driving.

▪ About 9 percent of drivers overall are texting while driving on a regular basis; but over 25 percent of drivers aged 18-29 say they text while driving regularly, or “fairly often”.

The numbers for cell phone use while driving in Europe depend on the country studied.

DWD Rates Climbing

Unfortunately, there has been a rise in DWD fatalities, from 7 percent in 2005 to 11 percent in 2009, according to the National Highway Traffic Safety Administration. And other government agencies are concerned as well.

The Occupational Safety and Health Administration (OSHA) is advising employers to be aware of the problem, and to enforce policies against using a cell phone and driving, since employers face enormous financial and legal issues when their workers text while driving company vehicles. I’ll address that issue and some potential solutions in my next blog.

David B. Bobrosky is a Los Angeles accident attorney at Lewitt Hackman in Encino, California.

 

 
Disclaimer:
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for obtaining legal advice from a licensed professional attorney in your state.
LEWITT HACKMAN | 16633 Ventura Boulevard, Eleventh Floor, Encino, California 91436-1865 | 818.990.2120