There are several reasons why accidents occur throughout the U.S.  However, in the State of California, numerous traffic problems and accidents arise as a direct result of vehicles that have been either been overloaded or improperly loaded.  Loose items such as trash, construction materials, equipment, luggage, aggregate materials (i.e. sand, stone, etc.), and improperly secured logs have created serious and life threatening hazards for California drivers.

In order to prevent these types of accidents, there are specific laws in California that address the proper loading and corresponding weight requirements of trucks within the State.  First and foremost, California law requires that every driver, whether they were responsible for loading their vehicle or not, (i) inspect their vehicles prior to taking off, (ii) identify improperly secured items or those that are poorly balanced, and (iii) ensure that loads are covered and/or properly secured.  Additional laws that apply to vehicle loading are as follows:

1. Passenger vehicle load restrictions – in California, no passenger vehicle may be driven on any highway within the State that has anything extending beyond the car’s left side fenders.  Moreover, nothing can extend more than 6 inches past the vehicle’s right side venders.  Anything extending beyond the rear bumper must have a red flag or warning lights affixed thereto.
2. Vehicle load height restrictions – no vehicle in the State is allowed to have a load exceeding fourteen feet in height from the road, with the exception of double decker buses.
3. Containment of debris – under California law, a vehicle transporting loose items must be properly contained, whether through being covered, securely loaded, or constructed in a way so as to prevent loose debris from falling and potentially injuring other drivers.
4. Aggregate material containment – California requires that aggregate materials, such as sand, stones, or recycled concrete, often used in construction, must only be stored in the cargo portion of a vehicle.  Said area must not contain any openings or cracks that would facilitate the escape of said materials.

If you happen to notice a truck or any other type of vehicle that appears to have been improperly loaded or is creating a road hazard due to loose and falling debris, do not hesitate to contact police and report the driver.  Make sure to get the make, model and license plate number of the offender. Taking the time to report these offenders can save countless lives.  Additionally, if you transport cargo, it is crucial that you follow the above requirements.  To learn more about safe vehicle loading, visit the California Department of Motor Vehicles’ website.

Contact the Skolnick Law Group Now for the Personal Attention You Deserve!

If you or someone you know has been injured, it is crucial that you hire an accident attorney experienced in handling these types of cases.  At the Skolnick Law Group we will fight tirelessly for the compensation you deserve.  We will also take the time necessary to answer all of your questions, guide you through the legal process, and assist you in making informed decisions about your case.  We serve clients in Carlsbad, Encinitas, Vista, Oceanside, San Marcos and throughout North County San Diego. To learn more about the firm’s comprehensive legal services, contact us at (760) 405-4397, or, feel free to visit us online to schedule your free and completely confidential initial consultation. We have evening and weekend appointments available, and will also visit you at home in the event you can’t come to us.  Don’t wait – give us a call now for the personal attention and aggressive representation you need.

Texting, talking, or sending emails while driving remains one of the biggest safety concerns on the road.  According California’s 2012 annual “Statewide Traffic Safety Survey,” 60% of drivers in California have been hit or nearly hit by another person who was texting or talking on their cell phone while driving.  Equally alarming is the fact that nearly 45% of California drivers admit to driver error as a result of using a cell phone when behind the wheel.  As a result of these surprising statistics, the State of California has taken significant measures to reduce the prevalence of distracted driving-related accidents. Specifically, the first two laws ban drivers from using handheld cell phones and also, prohibit drivers who are eighteen years or younger from using hands-free devices while operating a vehicle.  The third law prohibits sending text messages while driving.  For additional information on California’s cellular phone laws, you can visit the California Department of Motor Vehicles’ website.

California Cellular Phone Laws Explained

California, along with several other states, has enacted laws prohibiting the use of handheld cellular phones while driving.  The first law, California Vehicle Code [VC] §23123, specifically forbids people from operating a vehicle while using a handheld phone however, passengers are not subject to said restriction.  Additionally, all drivers, whether they be residents of the State or not, are held to the same standard.  The only exceptions to this law is that people can use their handheld devices to call for emergency assistance, place calls while operating an official emergency vehicle, or, use their phones while operating vehicles on their privately owned land.

If a person is caught violating the handheld cell phone law, the first fine that can be imposed is $76.00, while a second violation costs $190.00.  Although a traffic violation (i.e., moving violation) can amount to points assessed against your driver’s license, a violation of the aforesaid law does not count as a point.  Keep in mind that a California police officer has the right to pull you over and give you a ticket for failing to adhere to the law.

As for California’s second law, California Vehicle Code [VC] §23123.5, it places certain restrictions on the use of hands-free devices, which differ based upon the age of driver. Specifically, for California drivers aged eighteen or older, hands-free devices such as Bluetooth, speakerphones or ear pieces are allowed however, earpieces cannot be used to cover both ears.  Drivers can dial their phones while driving however, they are strongly urged to pull over or stop before doing so.

For drivers less than eighteen, they are not allowed to use a cell phone under any circumstances unless due to an emergency.  If someone under the age of eighteen is caught using a cell phone, the fine for a first offense is $76.00, which a second violation costing $190.00.  Moreover, the prohibition against the use of hands-free devices in minor drivers constitutes a secondary offense, meaning that a police officer must have another independent and legally legitimate reason for pulling you over.  In other words, if a teen is caught driving while using a cell phone, they cannot be pulled over for said infraction unless they violated another law, such as failing to use their turn signal, etc.

Lastly, the third law in California pertains to the prohibition imposed on texting while driving (California Vehicle Code [VC] §23124.  If you are caught texting, writing emails, or reading texts while driving, you can be imposed a $20.00 fine initially, and $50.00 for each subsequently imposed violation.

As evident from the foregoing, the State of California has recognized the importance of restricting people’s usage of cell phones while driving.  With nearly 25% of accidents in the Unites States caused by distracted drivers, the State of California realized that it had to take some serious and proactive measures to protect drivers within its borders.  The hope is that all states follow in California’s footsteps, as the use of cell phones while driving can lead to life threatening and sometimes fatal injuries.

Contact the Skolnick Law Group Now for the Personal Attention You Deserve!

If you or someone you know has been injured by a distracted driver in California, it is crucial that you hire an attorney experienced in handling these types of cases.  At the Skolnick Law Group, we will fight tirelessly for the compensation you deserve.  We will also take the time necessary to answer all of your questions, guide you through the legal process, and assist you in making informed decisions about your case.  We serve clients in Carlsbad, Encinitas, Vista, Oceanside, San Marcos and throughout North County San Diego. To learn more about the firm’s comprehensive legal services, contact us at (760) 405-4397, or, feel free to visit us online to schedule your free and completely confidential initial consultation. We have evening and weekend appointments available, and will also visit you at home in the event you can’t come to us.  Don’t wait – give us a call now for the personal attention and aggressive representation you need.