Look left, look right…take your eyes off your smartphone. Okay. Now, you can cross the street in Honolulu.

In a 7-2 vote, the city council just passed a law that makes it illegal to stare at a phone screen while crossing “a street or highway.” The “distracted pedestrians law,” which is the first of its kind in the country, also encompasses video games, cameras, tablets, pagers, and other small handheld devices.

“Sometimes I wish there were laws we did not have to pass, that perhaps common sense would prevail,” Mayor Kirk Caldwell said during a bill signing ceremony near one of the city’s busiest intersections. “But sometimes we lack common sense.”

Local law enforcement will have three months to educate people about the new law, but after October 25, so-called “smartphone zombies” will risk incurring fines between $15 and $99, depending on how many times they have gotten caught glancing downwards before.

Pedestrians can still look at their phones on the curb and won’t be penalized if they are listening to music or talking on the phone as they cross the street, as long as their eyes can stay on the road. Dialing 911 is also permitted mid-crossing.

Though many believe this law, much like jaywalking, will be enforced in an arbitrary manner, lawmakers assure they are trying to tackle a serious road fatality problem.

“We hold the unfortunate distinction of being a major city with more pedestrians being hit in crosswalks, particularly our seniors, than almost any other city in the county,” Caldwell told Reuters.

The Governors Highway Safety Association reported that pedestrian fatalities increased 11 percent from the first six months of 2015 to the same period in 2016 and that one possible reason may be the rise in smartphone use.

However critics are saying that this law ought to further regulate drivers instead of punishing pedestrians.

Hawaii already forbids drivers from using their phones or texting while driving, allowing them only to use a hands-free device. However, no law exists preventing them from glancing at their screen. Last year, local police issued over 20,000 distracted driving citations statewide.

“If it’s signed into law,” writes Steven Miller in an opinion piece, “a pedestrian could have the right of way, be struck by a driver, and still receive a ticket for using a cell phone in the crosswalk, even though it’s the driver who should have yielded.”

Others are complaining that this new policy is an overreach of the local government’s authority.

“I don’t know if it should be a law that you can’t use your phone, because it is your phone,” said Sandra Hirooka. “I like the freedom of using my phone whenever I want to.”

“Scrap this intrusive bill, provide more education to citizens about responsible electronics usage, and allow law enforcement to focus on larger issues,” resident Ben Robinson told the city council in written testimony.

Celia Heudebourg

Celia Heudebourg is an editorial intern for Law Street Media. She is from Paris, France and is entering her senior year at Macalester College in Minnesota where she studies international relations and political science. When she’s not reading or watching the news, she can be found planning a trip abroad or binge-watching a good Netflix show. Contact Celia at Staff@LawStreetMedia.com.

The post New Law: No “Crossing and Texting” in Honolulu appeared first on Law Street.

Early Saturday morning a Philippine-flagged merchant ship collided into the side of a U.S. warship off the coast of Japan. The crash caused several parts of the American ship, the USS Fitzgerald, to flood. On Sunday, seven sailors who went missing after the crash were found dead in the flooded compartments. Now people are asking questions, as it was revealed it took the Filipino ship an hour to alert the Japanese coastguard.

Vice Admiral Joseph Aucoin spoke to reporters at Yokosuka Naval Base in Japan on Sunday. He said considering the damage that was done to the ship, many more people could have died. “There was a big puncture, a big gash underneath the waterline,” Aucoin said, adding that the flooding was “tremendous.” No one knows what caused the crash and there are multiple investigations underway.

On Monday, a spokesperson for the Japanese coastguard, Takeshi Aikawa, said that the collision happened at 1:30 a.m. But the Philippine-flagged container ship, named the ACX Crystal, didn’t alert Japanese authorities until at 2:25 a.m. Data from the ACX Crystal also shows that for some reason, the ship made a U-turn sometime between 12:58 a.m. and 2:46 a.m. Three U.S. crew members were injured, including Cmdr. Bryce Benson, who was in charge of the ship.

#USSFitzgerald listing after collision at about 3amJST with PH flagged container ship near Japan. (COR) Photo via NHK Helicopter pic.twitter.com/rSTVmE4Atw

— Robert Speta (@robertspeta) June 16, 2017

Japanese officials said they are conducting two separate investigations, one of which is for “endangerment of traffic caused by professional negligence.” It was unclear whether that applied to the U.S. ship or the Filipino one. The U.S. Navy and Coast Guard also opened an investigation.

U.S. Navy confirms all 7 missing sailors from USS Fitzgerald found dead https://t.co/amOOEjsg7h pic.twitter.com/NTQCetvr2E

— Reuters Top News (@Reuters) June 19, 2017

No one seems to understand how the Fitzgerald, one of the most technologically advanced warships in the world, could be involved in an accident like this. The damage indicates that the Fitzgerald was hit on its right side, while the Crystal was damaged on its left side, suggesting they were traveling in the same direction. Most of the crew on the Fitzgerald was asleep when the collision occurred and big container ships like the Crystal are often lightly crewed and use an autopilot.

There is also the question why the Crystal made a sudden U-turn right before the accident. Acting Navy Secretary Sean Stackley said the Navy is determined to get to the bottom of things. “In due time, the United States Navy will fully investigate the cause of this tragedy,” he said.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post More Questions than Answers as Investigations into USS Fitzgerald Crash Begin appeared first on Law Street.

The tragic school bus accident in Tennessee that killed five children and injured many others has cast a dark shadow prior to the Thanksgiving holiday. Now one of the mothers, who lost one child in the accident but had two others who survived, says that the driver allegedly asked the kids if they were ready to die right before the crash. “My daughter said right before the bus flipped that he was speeding around the curve and asked them ‘Are y’all ready to die,” said Jasmine Mateen to CBS. Twenty-four-year-old Johntony Walker had been driving the school bus since August and has no previous criminal record.

Walker was arrested on charges of vehicular homicide, reckless driving, and reckless endangerment, with a bond set at $107,500, according to the Chattanooga police. In total, 35 children, from kindergarten up to fifth grade, were on the bus at the time of the accident.

While the accident shocked the community, some parents reported that Walker’s reckless behavior while driving had been an issue in the past. “There has been times where I’ve seen him going a little faster than he probably should be going,” father of two Craig Harris said. Mateen also said that she complained to the school about Walker in the past for slamming his brakes on purpose to make the kids hit their heads. After the school talked to him about his behavior, he allegedly responded, “So, I’d do it again.”

Johnthony Walker, 24, charged w/ 5 counts vehicular homicide, reckless endangerment & reckless driving in Talley Rd school bus crash. pic.twitter.com/9ZTIpXUZNl

— Chattanooga Police (@ChattanoogaPD) November 22, 2016

According to Walker’s own mother, he called her right after the accident, saying that he tried to help the children out from the vehicle and that he hoped it wasn’t his fault, which contradicts the notion that he could have crashed the bus on purpose. But according to authorities, he was driving way faster than the speed limit of 30 mph when he somehow slammed the bus into a telephone pole. His mother told reporters that Walker is a sober, dedicated father to a three-year-old and well liked as a school bus driver. She also said that the accident was God’s will.

We will be shooting for our 1st press briefing @ corner of Howard & Talley Rd @ 5:00 pm. #ChattFire pic.twitter.com/1bpnabsHmJ

— Chattanooga FireDept (@ChattFireDept) November 21, 2016

This wasn’t Walker’s first collision while driving the bus: in September, he crossed the centerline and swiped a car coming in the opposite direction, resulting in material damages. The driver in the other car, Belinda Hamilton, said that she saw him race past a stop sign before he scraped her car. “Luckily, no one got killed. What’s going to happen the next time?” she remembered thinking at the time. Walker also had his license suspended for some time, due to lack of proof of vehicle insurance.

Walker was employed through a bus contractor, Durham School Services, of Illinois. Amy Kutcher, a Hamilton County Schools spokeswoman, did not say whether there were any complaints against him. She said: “Legally, there is no way that we could discipline someone who is not our employee. We’ve got 192 Durham bus drivers. Obviously, this is a bad one.”

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Mom Says Driver in School Bus Accident Asked Kids if They Were Ready to Die appeared first on Law Street.

What if heroin overdoses were not classified as accidents, but as homicides?

That is what one Pennsylvania coroner is starting to do.

According to Penn Live, in Lycoming County, Pennsylvania, coroner Charles E. Kiessling wants to call the issue like it is. Rather than have the death be classified as either a suicide or accidental, labeling heroin overdose deaths as homicides holds the drug dealers accountable for their actions.

“If you are selling heroin to someone and they die, isn’t that homicide?” he said to Penn Live. He added that ruling the deaths as accidental downplays the true severity of the situation.

This issue has garnered both positive and negative comments. Some argue that this will become a slippery slope where car dealers are blamed for car accidents. However, as explained in Penn Live, a coroner’s report is not legal finding, therefore a death being classified a homicide on the report does not mean in the eyes of law enforcement it will immediately be taken that way.

This same argument has been presented in previous years regarding fast food chains and obesity. In one 2002 case against McDonald’s, two teenagers blamed the fast food chain for their obesity, arguing that they were not provided with the necessary nutritional information. Lawyers for McDonald’s made the case that it was really a case of a lack of individual responsibility.

A Centers for Disease Control and Prevention handbook states that a death should be designated a homicide if it is from “… a volitional act committed by another person to cause fear, harm, or death. Intent to cause death is a common element but is not required for classification as homicide.”

The second part of their definition is crucial because in these cases of heroin overdoses, there may not be explicit intent to kill.

The coroner’s decision comes as heroin related deaths are increasing across the state, along with a personal connection after he said he pronounced a friend’s son dead from heroin, according to Penn Live.

“This hit me very personally,” Kiessling said to Penn Live. “I don’t care if I offend people. Drug dealers are murderers and belong in state prison.”

A hole in the slippery slope argument, though, comes when opponents argue that then a doctor would need to be charged with homicide if one of their patients overdosed on prescription medicine. However, unlike drug dealers, doctors have licenses and their medicines are administered in methodical and specific amounts, making it more difficult for patients to overdose accidentally. When it comes to drugs, the buyer may not even know what chemicals are in the drugs and this unknown lends itself to issues.

With that being said, is it really plausible to call all drug dealers “murderers?” The same language can be used as was used by McDonald’s lawyers: it is the individual’s choice to consume certain foods or drugs, meaning that drug dealers shouldn’t be held liable for what happens to their consumers.

With any overdose, the situation is very sensitive, and the classification of the death could mean different implications for not only police but also for the families of the victims.

Julia Bryant

Julia Bryant is an Editorial Senior Fellow at Law Street from Howard County, Maryland. She is a junior at the University of Maryland, College Park, pursuing a Bachelor’s degree in Journalism and Economics. You can contact Julia at JBryant@LawStreetMedia.com.

The post Pennsylvania Coroner Labels Heroin Overdoses ‘Homicide’ appeared first on Law Street.

Last June comedian and actor Tracy Morgan’s limo bus was involved in a crash with a Walmart tractor trailer truck. The crash killed Morgan’s friend and mentor, comedian James McNair, who was also riding in the vehicle. The accident also left Morgan seriously injured, and two of the other passengers, Ardley Fuqua and Jeffrey Millea, critically hurt as well. Given the nature of the crash, Morgan, Fuqua, and Millea filed a lawsuit against Walmart, and it was just recently announced that that suit has been settled with the three plaintiffs.

Morgan, a former “Saturday Night Live” and “30 Rock” star, and his friends had left a stand-up show at the Dover Downs Hotel and Casino in Delaware where Morgan had performed, and were traveling along the New Jersey Turnpike when the accident occurred. The driver of the Walmart truck, Kevin Roper, of Georgia, didn’t see the slow-moving traffic, which included the limo bus, until it was too late. Although Roper attempted to swerve, he wasn’t able to, and slammed into the limo bus. The truck hit Morgan’s vehicle directly, but that collision set off a chain reaction crash that involved another truck and other cars.

Although Roper is filing criminal charges and has pleaded not guilty, the civil suit from the victims was filed against Walmart. The driver hadn’t slept for more than 24 hours before the crash occurred. Although exactly why Roper was awake for so long is unclear, there are federal regulations that state that drivers can only work for 11 hours in a 14-hour workday.

The accident happened nealry a year ago, but Morgan is still struggling from the ordeal. He broke his leg, nose, and multiple ribs in the crash, as well as endured severe head trauma and is still recovering. He hasn’t appeared in public since the accident, although his team has announced that he will be appearing on “The Today Show” this coming Monday. He will appear with Matt Lauer, as well as his lawyer Benedict Morelli.

The terms of the recently settled lawsuit are being kept under wraps after the settlement was filed Wednesday in Newark, New Jersey. According to Walmart President and CEO Greg Foran,

Our thoughts continue to go out to everyone that was involved in the accident. While we know there is nothing that can change what happened, Walmart has been committed to doing what’s right to help ensure the wellbeing of all of those who were impacted by the accident. We worked closely with Mr. Morelli, and we are pleased to have reached an amicable settlement that ends this litigation. We are deeply sorry that one of our trucks was involved.

Morgan and Morelli each put out statements announcing that they were pleased with the way the settlement ended. A lawsuit with McNair’s family had already been settled in January.

While the accident was certainly tragic, it’s good that the lawsuit was resolved amicably and relatively quickly. Hopefully it will provide closure for the victims as they continue to recover.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Tracy Morgan’s Lawsuit Against Walmart in Fatal Crash is Finally Settled appeared first on Law Street.

Bruce Jenner, the Olympian and former patriarch of the Kardashian/Jenner clan, was involved in a car crash in Malibu, California yesterday. The four-car pile up left one driver dead and a few others with minor injuries. While it seems like the crash itself is a pretty routine, although tragic, reality of driving a car in the United States, there may be more to it than that.

The story is a sad one–a white Lexus stopped short in front of Jenner’s car on a road in Malibu after stopping to avoid another car in front of it. Apparently it was on a part of the road that is difficult to navigate. According to evidence from the scene of the accident, Jenner appeared to slam on the brakes in an attempt to avoid the Lexus; however, he wasn’t able to stop his car in time, and hit the back of the Lexus, pushing it into oncoming traffic. The Lexus was hit by a Hummer, and the resulting impact left the driver of the Lexus dead.

The Sheriff’s department has opened a vehicular manslaughter investigation. The department has said that everyone involved–including presumably, Jenner–is cooperating with the investigation.

There have been many rumors floating around about what exactly happened during the accident. Jenner is claiming that members of the paparazzi were following him; however, the police say that’s simply not true. In response to the paparazzi rumors, Los Angeles County Sheriff’s Department Lt. John Lecrivain said:

That is a very regular occurrence, and (there is) no indication at this time it was a contributing factor of the crash.

If Jenner was trying to get away from the paparazzi, it makes sense that he would be driving too close to the car in front of him, maybe trying to get around the Lexus, or just in a frustrated rush. There’s also the chance that it wasn’t a member of the paparazzi following him, but Jenner just thought the paparazzi was after him. In the age of smartphones and easy-to-access cameras, passersby could have seen Jenner and tried to grab pictures of him. In addition, Jenner has been in the news a lot lately–an amateur paparazzo could have fooled him.

There are also rumors that he may have been using his cell phone at the time of the crash. According to news reports earlier today, the L.A. County Sheriff’s Department started looking into Jenner’s phone records to see if he was texting and driving at the time of the collision; however, even if they do find something, it might be hard to prove that the phone played a factor. It’s difficult to determine if a phone was actually being used at the exact time of the collision.

Whether or not there will be any legal ramifications for Jenner remains to be seen. It’s obviously good that he’s cooperating with the police, but that doesn’t guarantee that he’ll come out scot-free. While it may have been a total accident, if there was anything that Jenner did that contributed to it, he may be on the hook.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Will There Be Legal Charges for Bruce Jenner After Car Crash? appeared first on Law Street.

Hey y’all!

I’ll be honest, I have never been a fan of Wal-Mart. I get the appeal of the low-cost products and everything, but I’ve never felt like any Wal-Mart I have ever been in has seemed clean or worthy of my money. I also have a huge problem with all of the lawsuits that seem to stem from Wal-Mart mistreating its employees, especially women.

Back in June there was a fatal accident involving a Wal-Mart delivery truck and a limousine party bus. The party bus was carrying comedian Tracy Morgan and his posse. One man was killed and several injured, including Morgan who was in critical condition at one point. The semi-truck driver had supposedly been awake for 24 consecutive hours and was reportedly going 20 miles per hour OVER the speed limit.

Naturally after all is said and done, Morgan has filed a lawsuit against Wal-Mart because of the accident. I would too if I were him, but he had to see the blame game coming.

Good ol’ Wal-Mart has come out in the last several days to say that because Morgan and the other passengers were not wearing seat belts they are to blame for their injuries. Well Wal-Mart, if that’s the only defense you have then you certainly are scraping the bottom of the barrel. But it is actually a good defense — that’s why the Wal-Mart lawyers get paid the big bucks. I want to be a lawyer, but I could never imagine taking a job for Wal-Mart no matter how much it offered to pay me. With the amount of shitty lawsuits that that company has to deal with I would probably end up retiring early and forced into the nut house. I could never work for a company that has zero respect for anyone, even its own employees.

As for the truck driver, he may have been under some pressure to get his shipment out quickly and maybe was told to overlook the trucking industry regulations because Wal-Mart needs its shelves fully stocked at all times. But then again, does a Wal-Mart-employed truck driver have a different set of rules then what OSHA (Occupational Safety and Health Administration) requires? Have the great slimy lawyers of Wal-Mart found a loop hole? Don’t get me wrong, I love lawyers — I want to be one. But the idea of what Wal-Mart has gotten away with because of its lawyers rubs me the wrong way!

Should Morgan have had his seat belt on while whooping it up in the party bus? Uhm, maybe. Are there even seat belts on a party bus? I’m sure there are, but they are probably so neglected that they have been tucked under the seats by so many people and forgotten. When I think of a party bus I think of a safe driver who creates a safe atmosphere in the bus so that passengers don’t have to think about safety or even seat belts. That’s the purpose of hiring a driver, so you can have fun and be safe with a sober, capable, licensed driver.

Wal-Mart said the injuries were “caused, in whole or in part, by the plaintiffs’ failure to properly wear an appropriate available seat belt restraint device.” The company said that by not using seat belts, the plaintiffs “acted unreasonably and in disregard of plaintiffs’ own best interests.” I’m sorry, WHAT!?! YOUR DRIVER had been awake for 24 consecutive hours and YOUR DRIVER was going 20 mph OVER the speed limit! Your driver “acted unreasonably and in disregard” of his own life and the lives of any other motorists on the highway!

If you look at the pictures from the crash you can see that even if Morgan and his friends had their seat belts on there was enough damage done that it still would have caused injuries. Seat belts are great but just because you are strapped into a chair does not mean that you will not be harmed or even killed.

So to those dear Wal-Mart lawyers, you should reconsider allowing your client to blame Tracy Morgan’s injuries on the fact that he was not wearing his seat belt because I just gave a better defense. Would a judge side with me? Who knows. I’m no lawyer, yet! But if you are any good at your job you would have seen both sides of the coin before allowing a statement to be released blaming someone for injuries that were incurred because of an accident one of YOUR EMPLOYEES caused!

Shame on you Wal-Mart, shame on you!

—

Allison Dawson (@AllyD528) Born in Germany, raised in Mississippi and Texas. Graduate of Texas Tech University and Arizona State University. Currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative.

Allison Dawson

Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

The post Wal-Mart Blames Injuries From Tracy Morgan’s Crash on Lack of Seat Belts appeared first on Law Street.