Floor Mat Eyed To Be the Cause of Tragic Accident

It was a tragic end for four people whose lives held so much promise.

California Highway Patrol officer Mark Saylor and his wife Cleofe, a molecular biologist and senior research associate, their 13-year-old daughter Mahala, and Chris Lastrella, a basketball coach and enrollment adviser never would have thought having their vehicle serviced and getting a loaner car would have caused them their lives – but it did.

The car, a 2009 Lexus ES 350, was a loaner from Bob Baker Lexus El Cajon. The dealer has not said a word regarding what they believe may have caused the accident and is waiting for the results of the investigation.

Minutes before the crash, Latrella managed to call 911 and report that they could not stop the vehicle, and worse, they were going at a deadly speed because the accelerator was stuck.

A rubber mat may have caused the accelerator to get stuck, according to the preliminary investigation. The loaner car was equipped with “all-weather” floor mats, the same mats which has been the subject of a 2007 product recall.

The National Highway Traffic Safety Administration has said that the mats could slip if not properly installed and entrap the gas pedal, causing sudden acceleration. The all-weather mats installed in 2007 and 2008 models of the Lexus ES 350 were recalled by manufacturer Toyota.

Under the law, manufacturers, sellers and distributors may be responsible for products that pose a danger to users or consumers as a result of design and/or manufacturing defects or if the product liability is the cause of the accident.

Since the floor mat apparently caused the accident and now, the subject of a recall, its presence in the loaner car may pin the blame firmly on the dealer.

A potentially dangerous or defective product like the all weather mat should have been removed from the loaner vehicle. The negligence of the dealer to do so, will likely result in a civil suit for damages, most likely, for the wrongful death of the family from Chula Vista.

Major Holidays and Accident Magnets

While holidays are always a cause for fun and celebration, especially if it’s on a weekend—it doesn’t give people the license to do stupid things, like say, drinking and driving.

But given how history has always shown people to be more impulsive and less inhibited on holiday weekends, the California Highway Patrol has prepared for drunk drivers (and other reckless, driving violators) the past Labor Day weekend by holding various checkpoints and showing an increased presence.

The law enforcement efforts have certainly paid off. Statewide statistics show that 10 people were killed on highways between 6 p.m. Friday and 6 a.m. Monday as compared to the 23 fatalities during the same period last year.

The CHP has reported that at least half of those killed were not wearing seatbelts. (Yet another frequently careless or impaired mistake)

In Orange County alone, the CHP has arrested 73 people on suspicion of drunk driving, an increase from 67 arrests made last year. There were 35 DUI suspects arrested in checkpoints in Dana Point and Mission Viejo and Newport Beach police arrested 10 people suspected of drunken driving.

Indeed, major holidays are one of those times where people can just relax and have a blast either with family or friends. But those who go out and drive, should bear in mind that drinking and driving is dangerous. A designated driver should at least be with a group out on a Labor Day weekend.

It would also help if people stay in one place and not go out and drive if alcohol is unavoidable. But if one needs to go out and drive to a destination, the driver should remain sober and maintain a clear head.

Drunk drivers are accident magnets – no matter how skilled they are, if they’re impaired by alcohol, fender-benders and metal crushes are just a couple of miles per hour away.

It is often too late to avoid an accident and with your reflexes impaired, attempts will be futile.

This is why authorities are mindful to keep a tight rein especially during holiday weekends because for some people who choose to drink and drive, can bring about the tragic end for several parties involved.

Ventura County Sued for Disability Discrimination by Justice Department

Government employees and offices are supposed to lead by example, after all, who can better set the bar for integrity and excellence than the government itself, which is sworn to uphold the laws of the land?

But the US Justice Department is now suing Ventura County for unlawful employment discrimination. The lawsuit filed was in behalf of a deaf woman whom the county failed to hire back in 2005.

The woman allegedly applied for the position of children's social service worker and despite the high ratings during her first interview, she was denied due to her disability.

According to the Justice Department, the woman was previously employed in the same position with Los Angeles County for 10 years and had excelled in her job.

Ventura county is being charged by the government with violation of the Americans with Disabilities Act of 1990.

The Americans with Disabilities Act of 1990 or the ADA is a civil-rights law that prohibits discrimination based on disability. The federal government recognizes the fact that people with disabilities are often treated as lesser members of society and the law protects them from various forms of abuses and discrimination.

Title I of the ADA in particular, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

The scope of the law expressly covers all employers with 15 or more employees, including state and local governments. A qualified individual with disabilities is any employee or applicant who can perform the essential functions of the job in question.

Ventura county’s act of not hiring the woman merely because she was deaf defeats the whole purpose of ADA. The woman was clearly qualified, with 10 years of performing the same job under her belt and there is no other justifiable ground stated for which employment was denied her aside from her condition.

People with disabilities are just as able as normal employees and the failure of the county to hire her on the basis of her deafness is a clear violation of civil rights and the federal law.

Cate’s Case and Worker’s Compensation

Workplace injuries are a common occurrence, so common that in fact, even Oscar-winners can be a victim of it.

Cate Blanchett, a highly respected actress in tinsel town was reportedly injured while performing in a stage play, A Streetcar Named Desire when she got hit by a prop.

40-year old Blanchett suffered a head injury. During the play, one of the actors lifted a radio and she somehow got injured by it. The theater’s spokesman denies that it was intentionally thrown at the actress.

The audience even saw the blood which streamed down the fair actress’ head and neck.
While Blanchett has the money to see to her own treatment, other workers aren’t as lucky. Workplace injuries can be catastrophic not just to one’s health but also to a person’s livelihood.

According to the Center for Disease Control and Prevention, every day U.S. workers suffer injury, disability, and on average, 15 workers die each day from traumatic injuries. In 2007, more than 4 million workers had a nonfatal injury or illness.

Generally in the US, workers who are injured in the course of employment are provided compensation for medical care in case of workplace injuries. This type of insurance is called Worker’s Compensation.

In California in particular, workers are further protected as the state imposes the duty that every employer has a legal obligation to provide and maintain a safe and healthful workplace for employees.

Also in California, if employees get hurt while on the job, regardless of whose fault it is, they will be provided six basic benefits such as medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits or vocational rehabilitation and death benefits.

Workplace injuries can be devastating to any employee, especially those whose family depends on his income to make ends meet. But fortunately, with a worker’s compensation in place for employee’s, they can focus on getting better instead of worrying how to make ends meet when they get hurt on the job.

CHP Officer in Fatal and Fiery Crash

Minutes before a fatal and fiery crash, one of the passengers of the ill-fated Lexus made a 911 call saying that the accelerator was stuck and the car could not be stopped. The Lexus, after crashing against a Ford Explorer, rolled over several times before bursting into flames.

The occupants of the vehicle, who were burned beyond recognition, are believed to be CHP Officer Mark Saylor and his family, wife Cleofe, daughter Mahala and brother-in-law Chris Lastrella. Their car was a 2009 ES 350 Lexus loaned from a dealership while Saylor’s car was in service.

The sales manager of the dealership, Blair Carter expressed disbelief and sadness at the tragic accident. It said that all its cars have no problems as it been inspected and had run through diagnostic tests and that it has a double redundant fail-safe system that would shut the car off if there were a major malfunction.

Further, the dealership said that there was never a situation where the accelerator was stuck and the car could not be stopped. But just the same, the driver could have just put the car into neutral.

However, the National Highway Traffic Safety Administration has reported that there were 7 crashes, 12 injuries and 40 complaints in 2007 when Toyota Motor Corp. recalled more than 30,000 “all weather” floor mats used in the 2008 Lexus ES 350 and some 24,000 Camry vehicles because mats would allegedly slip forward and jam the accelerator.

The unintended accelerations could reach speeds of more than 90 mph before the cars were stopped, and some drivers reacted by hitting the brakes multiple times which depleted the vehicle's vacuum based power assist.

The NHTSA further alleged that some drivers tried to turn the car off with the engine control button but were unaware that the button must be held for three seconds to stop the engine but that it was not explained adequately in the owner's manual.

The NHTSA said that there is no recall order for the 2009 ES 350 yet.

When a dangerous or defective motor vehicle, or when there is a failure to warn consumers which causes death or serious injury, the vehicle manufacturer, component part manufacturers and dealers may be held liable under the Product Liability Law.

It is the duty of manufacturers and dealers to ensure that the products are safe for their consumers and the failure of these parties to observe their duty constitutes a breach of duty and warranty. Victims of defective products such as cars may then be indemnified for injuries or damages suffered.

While technology and the advent of smart cars like Lexus with engine button controls may seem like a breakthrough for transportation, not all of its users can sufficiently adapt or learn its mechanism. The lack of understanding and knowledge of operating vehicles such as these can be deadly.

The Joint Responsibility of Pedestrians and Motorists

While pedestrian safety should be a priority for all motorists, the same responsibility and due diligence goes both ways – pedestrians are just as responsible for their safety as motor vehicle drivers.

Pedestrian accidents, while not as high as other traffic accident fatalities such as rollovers, yielded 4,654 pedestrian deaths in 2007 in the United States. Also, there were 70,000 pedestrians injured in traffic crashes in 2007.

According to the National Highway Traffic Safety Administration, on average, a pedestrian is killed in a traffic crash every 113 minutes and injured in a traffic crash every 8 minutes.

Today in San Marcos, a 51-year old pedestrian was struck and killed by a truck driver when he tried to cross at mid-block. Police have preliminarily ruled it as an accident as there is no evidence enough for criminal charges against the driver.

On the other hand, the investigation is still ongoing for the death of 57-year-old female pedestrian who died when she got hit by a car when she was crossing the street in El Cajon despite the efforts of the emergency crew.

The California Highway Patrol are also now considering closing the case of the death of a Sunnyvale teen who died in a hit and run accident. 15-year-old Javier Loyola Leon was run over when he climbed onto the tow bar connecting the front and rear trailers of the gravel truck and he either jumped or fell off the tow bar and into the path of the rear trailer tires.

According to the Insurance Institute for Highway Safety, pedestrians were more likely than drivers to be judged at fault in pedestrian and motor vehicle collisions. As in the case of the San Marcos and El Cajon pedestrian fatalities, pedestrians were almost always judged culpable in midblock and intersection dash crashes.

This is the kind of pedestrian accident where a pedestrian who appears suddenly in the path of a vehicle. Sometimes, the driver, who has little time or room to react, cannot avoid hitting the pedestrian despite having exercised due care and caution.

The cases where a driver is considered at fault is in other crash types such as when a vehicle is turning or backing up, or when a vehicle leaves the road and strikes a pedestrian.

Pedestrian safety is a joint responsibility between the driver and the pedestrian. Just as drivers should take care and be attentive of people who cross the road, pedestrians should also be responsible for the actions and decisions which could affect their safety.

The Joint Responsibility of Pedestrians and Motorists

While pedestrian safety should be a priority for all motorists, the same responsibility and due diligence goes both ways – pedestrians are just as responsible for their safety as motor vehicle drivers.

Pedestrian accidents, while not as high as other traffic accident fatalities such as rollovers, yielded 4,654 pedestrian deaths in 2007 in the United States. Also, there were 70,000 pedestrians injured in traffic crashes in 2007.

According to the National Highway Traffic Safety Administration, on average, a pedestrian is killed in a traffic crash every 113 minutes and injured in a traffic crash every 8 minutes.

Today in San Marcos, a 51-year old pedestrian was struck and killed by a truck driver when he tried to cross at mid-block. Police have preliminarily ruled it as an accident as there is no evidence enough for criminal charges against the driver.

On the other hand, the investigation is still ongoing for the death of 57-year-old female pedestrian who died when she got hit by a car when she was crossing the street in El Cajon despite the efforts of the emergency crew.

The California Highway Patrol are also now considering closing the case of the death of a Sunnyvale teen who died in a hit and run accident. 15-year-old Javier Loyola Leon was run over when he climbed onto the tow bar connecting the front and rear trailers of the gravel truck and he either jumped or fell off the tow bar and into the path of the rear trailer tires.

According to the Insurance Institute for Highway Safety, pedestrians were more likely than drivers to be judged at fault in pedestrian and motor vehicle collisions. As in the case of the San Marcos and El Cajon pedestrian fatalities, pedestrians were almost always judged culpable in midblock and intersection dash crashes.

This is the kind of pedestrian accident where a pedestrian who appears suddenly in the path of a vehicle. Sometimes, the driver, who has little time or room to react, cannot avoid hitting the pedestrian despite having exercised due care and caution.

The cases where a driver is considered at fault is in other crash types such as when a vehicle is turning or backing up, or when a vehicle leaves the road and strikes a pedestrian.

Pedestrian safety is a joint responsibility between the driver and the pedestrian. Just as drivers should take care and be attentive of people who cross the road, pedestrians should also be responsible for the actions and decisions which could affect their safety.