Drowsy Driving

Sleepiness causes more than 5,500 traffic deaths a year and is a factor in nearly 17 percent of all fatal crashes, according to a new analysis of federal data.

The AAA Foundation for Traffic Safety of the National Highway Traffic Safety Administration (NHTSA) released data from 1999 through 2008 which found a much higher prevalence of drowsy driving in deadly crashes than earlier studies.  A 1994 study found it was a factor in 3.6 percent of fatal crashes, and the NHTSA has said it played a role in crashes 2-3 percent each year.

AAA Foundation researchers determined the higher crash rate by extrapolating from crashes in which drowsy driving was confirmed as the cause to reach what they say is a more accurate estimate.  Its analysis included a survey that found that 41 percent of drivers admitted to having fallen asleep behind the wheel at some point, and one in 10 drivers said they had done so in the past year.

According to the National Sleep Foundation, some warning signs that you are too tired to drive are if you have difficulty focusing, frequent blinking and/or heavy eyelids, trouble keeping your head up, drifting from your lane, inability to remember the last few miles or yawning repeatedly.

If you have been involved in an auto accident  in Cincinnati or Northern Kentucky and feel you need legal representation, call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

Apple Asks for $2.5 Billion in California Battle with Samsung

The damages figures for Apple v. Samsung are in.

 

In the suit headed to trial Monday, Apple will ask for $2.5 billion over claims that Samsung copied features of the iPad and iPhone in some of its Galaxy line of products.

 

Apple's lawyers at Morrison & Foerster revealed the figure in a trial brief filed just after midnight Tuesday.

 

"Apple conservatively estimates that as of March 31, 2012, Samsung has been unjustly enriched by about [REDACTED] and has additionally cost Apple about $500 million in lost profits," MoFo's Michael Jacobs wrote in the filing. "Apple also conservatively estimates that it is entitled to over $25 million in reasonable royalty damages on the proportionately small set of remaining sales for which it cannot obtain an award of Samsung¹s profits or Apple¹s own lost profits, for a combined total of $2.525 billion."

 

Before signing off, Jacobs writes: "Apple looks forward to a trial that will vindicate its intellectual property rights. Samsung must play by the rules. It must invent its own stuff. Its flagrant copying and massive infringement must stop."

 

Minutes later, Samsung's lawyers at Quinn Emanuel Urquhart & Sullivan fired off its trial brief, saying "Apple's overreaching claim for damages is a natural extension of its attempt to monopolize the marketplace."

 

"It demands the entirety of Samsung's revenues on the accused phones and tablets for the alleged infringement of a design patent that shows little more than a blank rectangle with rounded corners," a brief signed by Quinn partner Victoria Maroulis says.

 

And the deluge of filings continues  ...

Problems with The Intoxilyzer 8000

 Charged with DUI or OVI in Cincinnati, Ohio? 

Did you take a test on the new Intoxilyzer 8000?  

 

The Intoxilyzer 8000 has been in service in Ohio since 2009.  It has come under some heavy fire from defense lawyers across Ohio. OVI and DUI lawyers in Cincinnati, Ohio are winning cases against the Intoxilyzer 8000 for the following reasons:

 

• It can take as many as 20 tries to get a valid result.
• The Intoxilyzer 8000 is not in compliance with the Ohio Dept. of Health (ODH) Regulations.
• The state is unable to prove the Intoxilyzer 8000 is a reliable machine.
• The state is unable to obtain the testimony of necessary witnesses from ODH, like the person that calibrated the machine or placed it into service.
• The state’s expert from ODH was not tested as required by Ohio Administrative Regulations before being issued a valid operator access card to use the Intoxilyzer 8000, but was in fact “given” a card by the director of ODH.
• The ODH does not have the source code and does not know the patent number of the Intoxilyzer 8000.  The source code from the manufacturer would allow third parties to test the reliability of the software program that calculates the blood alcohol content from a breath sample.
• The ODH does not know who decided to purchase the Intoxilyzer 8000 and does not know who was on the governor’s committee that reviewed the Intoxilyzer 8000, or what that committee’s recommendation was to the Director of ODH as to the Intoxilyzer 8000.
• The ODH has told courts that the records are maintained on the website, but some records have gone missing, were never available, and in fact the disclaimer on the website says that they make no guarantee of the accuracy of  The ODH has not been able to testify as to why it believes the Intoxilyzer 8000 is a reliable machine for testing breath in OVI cases.
• One judge went so far as to say in his opinion that he has heard no evidence from ODH to lead him to believe that the machine is accurate and reliable.
• In many cases the court suppressed the evidence from the Intoxilyzer 8000 machine.

If you have been charge with DUI or have any issue with driving under the influence in Cincinnati or Northern Kentucky, call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

St. Louis Suburb Ordered to Pay $3.1M to Police Chase Victims

A verdict from a St. Louis County jury "sends a message" to the village of Uplands Park that its police officers owe it to innocent motorists not to take their safety for granted during a police chase, according to the attorney representing the plaintiffs in the lawsuit.

 

Uplands Park was ordered by the jury in a personal injury trial to pay a total of $3.1 million to the family of a woman who was killed in a car accident during a high-speed police chase. The collision took the woman's life and injured her children and two other relatives. During trial, the plaintiffs contended that the volunteer police officers who initiated the chase caused the accident by failing to call it off soon enough.

 

The fatal incident took place on Dec. 3, 2009. The victim, 34, was driving to a relative's home to help hang Christmas decorations along with her daughter, 12, and son, 7. Also in the car were the victim's sister and her 5-year-old grandson.

 

Meanwhile, a pair of volunteer police officers spotted a car allegedly speeding and began pursing it. The officers said the suspect, then 16, was going 46 miles per hour and sped up as they pursued. They admitted picking up speed to try and chase him down. A witness estimated the vehicles passed her at nearly 80 mph shortly before the collision.

The suspect's vehicle crashed into the victim's car, fatally injuring the woman and severely injuring her sister, son and grandnephew. The suspect said that the accident was caused when the police car bumped him into the victim's car, though the officers denied that. They contended that they ended the pursuit and were far behind when the crash occurred.

 

However, the jury found on June 7 that the officers were at least partly liable for the death and injuries. Jurors awarded damages to each person in the car and for compensation for the 34-year-old's death. The verdict totals about $3.1 million, though that may come down due to a Missouri law capping damages for personal injury verdicts against municipalities.

 

The plaintiffs' attorney said the size of the verdict "sends a message" to Uplands Park and others who use volunteer police forces. The driver of the squad car lacked police certification and has been charged with holding a police commission without a license.

Source: St. Louis Post-Dispatch, "St. Louis jury awards $3.1 million for police chase that ended in fatal crash," Jennifer Mann, June 8, 2012

If you or a loved one have been involved and/or injured in a car accident in Cincinnati or Northern Kentucky, call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

Bengals' Jones Back in the News, and Back in Court

While it's the NFL offseason, and training camp isn't scheduled to start for over a month, Adam "Pacman" Jones is again back in the news and not for his skills on the gridiron.  A Las Vegas court recently sentenced him for his involvement in the 2007 strip club shooting. Jones has been ordered to pay $11.7 million dollars in damages to the victims. 

The shooting was made famous by Jones's throwing several thousand dollars into the air in an attempt to "make it rain". Hot tempers escalated the situation into a fight and subsequently a shooting.  While Jones was not one of the shooters, he pled no contest to misdemeanor conspiracy to commit disorderly conduct and was given a year of probation and ordered to perform 200 hours of community service. 

Jones has a long history of run-ins with the law and suspensions from the NFL.  He recently signed a one year, $950,000 deal with the Bengals during the offseason.  

Read more about Jones's sentencing and his past legal challenges here: Adam Jones to pay $11M in Damages

New Distracted Driving / Texting Law Goes into Effect in Ohio

A texting while driving ban has been on the table in Ohio for some time now, but it wasn’t until June 1 when the new law was signed. According to the Columbus Dispatch, Governor John Kasich was surrounded by a number of victims and family members effected by distracted driving, when he signed the bill on Friday to make Ohio the newest state with a texting while driving law.

The new law will go into effect on September 1, 2012. While the main provision of the law will be a ban on text messaging and driving, it will also account for drivers under the age of 18 to be banned from using any electronic devices, no matter whether they’re making a call or a text message.

The new law for minors will be a primary enforcement ban, meaning a violation would produce a $150 fine and a 60 day license suspension. A second violation would bring a $300 fine and a suspension of a license for a year’s time. None of these fines or suspensions will be levied during the first 60 days of the ban being in place, however, as law enforcement officers will be issuing warnings.

According to the report from the Dispatch, the governor was questioned on how successful the state could be in enforcing the new laws. Kasich responded by saying that “law enforcement will know how to enforce the law and will do so aggressively.”

It’s likely that the enactment of the new law is just the start of add-ons related to distracted driving in the state of Ohio. The law will be closely monitored for success by state leaders and depending on the impact of the law, there could be improvements added into the future.

Of course the new law will help cut down the distracted driving accidents in Ohio, but this new law will come with some discrepancies.  There are potential rights violations in question:  How will the police accomplish and enforce this new law? How will they distinguish a minor from an adult driver? Minors can be pulled over and charged for the violation as a primary offense while adult drivers would have to commit another violation before police could enforce the law onto them.  This could cause many issues for young adults pulled over and cited for texting while driving when the officer may have assumed he/she was a minor.

The Bottom Line: No matter why you may be pulled over, it’s important to know your rights.  If you become accused of a traffic crime in Cincinnati or Northern Kentucky, such as texting while driving, reckless driving, driving with a suspended license, a hit and run or another traffic violation in Ohio, call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

The Top 10 Things to Do if You're Involved in an Accident

1. Stop. Do NOT leave the scene.
2. Call the police and ambulance (call 911 if available).
3. Protect the scene. If possible, do NOT move cars.
4. Get information from the other drivers.
5. Do NOT admit liability or fault.
6. Get names and phone numbers of witnesses.
7. Take pictures of cars and the accident scene with a camera/phone.
8. Do NOT give a statement to anyone but the police.
9. Call your lawyer, Christopher L. Jackson, Attorney at Law, (859) 261-1111.