Archive for the ‘Auto Accidents’ Category

Car Makers Encouraged to Change Design of Car Dashboards Voluntarily by Federal Government as Way to Curtail Distracted Driving Dangers: The New NHTSA Guidelines

April 24th, 2013 by admin

Distracted driving remains a real concern for everyone dealing with car crashes and motor vehicle accidents in this country.  According to the Centers for Disease Control, distracted driving is the cause of 9 deaths every day in the United States and the reason that another 1060 people suffer serious injuries daily in car crashes.

The CDC (referencing federal data) breaks down “distracted driving” into 3 different kinds of distraction:

  • Visual: taking your eyes off the road;
  • Manual: taking your hands off the wheel; and
  • Cognitive: taking your mind off what you are doing.

Drivers can be distracted in many different ways.  Eating fast food while driving on a road trip counts as distracted driving.  Talking on a cell phone can distract a driver and cause a crash, as well as texting.

However, other things offered in late-model cars also help distract drivers from the road: things like navigation systems and in-car WiFi devices are also contributing to distracted driving accidents.  Each year more “intelligent vehicle technologies” are being developed: each new addition to a dashboard that invites the attention of a driver can also increase the danger of a crash because of the driver not paying enough attention to driving the vehicle.

NHTSA Voluntary Guidelines Announced by Transportation Secretary Ray LaHood

Today, the federal government announced new guidelines for U.S. car makers to follow in designing dashboard gizmos that drivers checking as they drive: things like phones and map navigation aides.  Ray LaHood, the Secretary of the Department of Transportation made the announcement:

“Distracted driving is a deadly epidemic that has devastating consequences on our nation’s roadways,” said Secretary LaHood. “These guidelines recognize that today’s drivers appreciate technology, while providing automakers with a way to balance the innovation consumers want with the safety we all need. Combined with good laws, good enforcement and good education, these guidelines can save lives.”
Voluntary Guidelines: Car Makers Are Not Required to Make These Changes

Issued by the National Highway Traffic Safety Administration (NHTSA), the voluntary federal guidelines define recommended criteria for electronic devices that need the driver to use his or her eyes or hands for operation by time:
  • limit visual time needed to use the gizmo to 2 seconds;
  • limit manual time needed to use the device to 12 seconds;
  • prevent the ability to operate several things unless the vehicle’s transmission is in Park for things like:
  1. Manual text entry for the purposes of text messaging and internet browsing;
  2. Video-based entertainment and communications like video phoning or video conferencing;
  3. Display of certain types of text, including text messages, web pages, social media content.
Guidelines Based on New Research Study

Research for the study revealed that text messaging increased the risk of a crash 2 times over and things done to make a phone call (grabbing the phone itself, looking at the screen to find the number and then dial the person on the phone) increased the risk of a crash by 3 times.

“The new study strongly suggests that visual-manual tasks can degrade a driver’s focus and increase the risk of getting into a crash up to three times,” said David L. Strickland, NHTSA Administrator. “The new guidelines and our ongoing work with our state partners across the country will help us put an end to the dangerous practice of distracted driving by limiting the amount of time drivers take their eyes off the road, hands off the wheel and their attention away from the task of driving.”

This is National Work Zone Awareness Week: Be Aware of The Dangers for Those Working on Our Roads

April 18th, 2013 by admin

This is National Work Zone Awareness Week, where efforts are made around the country to bring attention to the very real dangers that exist for workers who do their jobs by working on American roadways in work zones.

“As highway construction shifts into high gear, we’re asking all Americans to take roadway safety seriously and protect themselves and their passengers by paying attention and slowing down when driving through work zones,” said Transportation Secretary Ray LaHood. “In April and year round, the men and women working to improve our nation’s highways and bridges deserve to do their work safely.”

Here’s a short video explaining the seriousness of this work danger from the Illinois Department of Transportation:

This week, the federal government announced 2013 National Work Zone Awareness week with a news release from U.S. Department of Transportation Secretary Ray LaHood that included the following information:

  • In 2011, the most recent year for which data are available, 587 people died in highway work-zone fatalities – an increase of 11 fatalities compared to 2010.
  • 4 out of 5 victims in work zone crashes are actually drivers and their passengers, not the worker on the work zone.
  • Today, in a typical 5 day work week, an average of 7 motorists and 1 worker are killed.
  • Generally, crashes occur when drivers speed through a work zone or do not pay attention to the changing road conditions and run into other vehicles, highway equipment, or safety barriers or drive off the road completely.

It’s important to respect the dangers inherent in traveling through any work zone, but particularly those on our local roads especially in bad weather conditions.  Personal injuries and wrongful deaths in work zone crashes involving both workers as well as drivers and passengers moving through the work zone are tragedies that campaigns like this one are trying to prevent.   Be careful out there.

Major Car Recall: 1,900,000+ Cars Recalled by Hyandai and its Subsidiary, Kia Motor Company – More Defective Products On U.S. Roads

April 10th, 2013 by admin

The number keeps getting bigger, depending upon which news report you read, but the latest reports are that Kia Motor Company, a part of the Hyundai Motor Company, is recalling around 2,000,000 vehicles sold here in the United States by the Korean car manufacturer because of concerns for dangers in a variety of areas.  (The Detroit News’ tally is 2.2 million.)

According to recall information made public via the National Highway Traffic Safety Administration (NHTSA), thirteen models are covered in this huge recall, which is really covered in three separate recalls issued by the car company.   The problems all stem from issues in the electrical system and/or the airbags provided in the vehicles, and all these models are involved because the same parts are used in building all these different product options.

As of today:

  • Hyundai Motor Company has recalled over 1.06 million vehicles for electrical problems.
  • Kia Motor Company issued a separate recall for 623,000 vehicles.

Is Your Car Being Recalled?

According to the news releases issued by Hyundai or Kia, the following cars are subject to recall:

Hyundai models

  • 2007-09 Accent
  • 2007-10 Elantra
  • 2011-2013 Elantra (air bag malfunctions)
  • 2010-11 Genesis Coupe
  • 2007-11 Santa Fe SUV
  • 2011 Sonata sedan
  • 2008-09 Tucson
  • 2008-09 Veracruz SUV.

Kia Models

  • 2007-10 Rondo
  • 2007 Sedona
  • 2011 Optima
  • 2007-11 Sorento SUV
  • 2010-11 Soul
  • 2007-10 Sportage.

The Dangers That Caused the Recalls: Electrical System and Air Bag Malfunctions

What is going on here?  Most of the recalls involve electrical issues in these cars where, according to Hyandai in its public notice of the problem:
“… condition could potentially result in intermittent operation of the push-button start feature, intermittent ability to remove the vehicle’s shifter from the park position, illumination of the “ESC” [Electronic Stability Control] indicator lamp in the instrument cluster, intermittent interference with operation of the cruise control feature, or intermittent operation of the stop lamps….”
However, in the Hyundai Elantra (2011-2013 model years), there are problems with the air bags.   According to Hyandai, the side curtain airbag may injure a passenger in a side impact crash because of a problem with a support bracket in the headliner.
  • Of note:  in September 2012, NHTSA was not only investigating Hyandai’s air bags, it was upgrading its investigation – so the issue of air bags contained in these cars may be of continuing concern.  That federal investigation is ongoing.

Rollover Accident This Morning on Interstate 70 Is Reminder of Real Dangers of Rollovers for Many Vehicles on the Road Today (SUVs, Minivans, etc.)

April 4th, 2013 by admin

This morning, a young man named Austin Livesay, according to news reports, was driving his Sports Utility Vehicle (SUV) along Interstate 70 when he drove off the road onto the shoulder, and as he moved the SUV back onto the highway somehow things went awry and the SUV tipped and rolled over several times. Luckily, Mr. Livesay escaped without serious harm.

Interstate 70 Rollover Reminds of Dangers of Rollover Crashes

However, this rollover today offers a great opportunity to shine some light on the real and continuing problem of rollover accidents in this country. And, unfortunately, many Americans are not as lucky as the Zionsville man who escaped his SUV rollover on Interstate 70 today with his life and non-life threatening injuries.

Risk of death in a rollover crash is 35%.

According to the U.S. Department of Transportation, the risk of death in an accident that involves a rollover is a lot higher than other types of crashes. According to federal studies, rollover accidents are responsible for around 35% of deaths in passenger car accidents. Sadly, a high majority of these rollover victims died in a crash where they weren’t wearing a seat belt (69%).


Causes of Rollover Crashes — Type of Car, Road Conditions, Weather, and More

There are some kinds of vehicles that are notorious for rollovers:  for example, several years ago PBS’s Frontline reported that the Ford Explorer Sport Utility Vehicle was “…16 times as likely as the typical family car to kill occupants of another vehicle in a crash” and at that time, the Ford Explorer was the most popular SUV being sold.

Over the years, the risks of Pick Up Trucks, SUVs, and Minivans overall have become known as vehicles whose higher centers of gravity make them at a higher risk of rolling over while being driven on the road.

However, other things can contribute to rollovers too.  Rollovers can happen because of all sorts of things.

  • Things like snow, ice, fog, and rain are weather hazards that can contribute to rollover accidents.
  • How fast the vehicle is being driven can be a factor in a rollover crash.  According to the Department of Transportation reports, over 40% of fatal rollover crashes happened when the driver was speeding, and 75% of rollovers where someone dies happened where the speed limit was 55 MPH or higher.
  • Driving while under the influence of alcohol has been shown to be involved in almost half of rollover crashes in the United States.
  • Rural roads are more dangerous for vehicles that are at risk of rollovers.
  • NHTSA reports that almost all rollover deaths (90%+) in single vehicle rollover crashes happened not in complicated traffic situations but instead when the driver is handling routine driver tasks like driving along a curve in the road.

If you have a vehicle that is designed with a higher center of gravity — be it a minivan, a pickup truck, an Sport Utility Vehicle — then it’s important for you to remain wary and alert to the special dangers of driving these rollover prone vehicles.  Wear your safety belt, don’t speed, and drive carefully in bad weather conditions.

Rollover Causes Outside the Driver’s Control

However, also be aware that driving these rollover- risky vehicles means that other factors outside of your control can put you at greater risk of rollover (and death).  Hazards on the road, other drivers’ bad actions (like forcing you into soft soil on the shoulder of a rural road, for example), improper maintenance of rental vehicle (low tire pressure, etc.), can mean that the actions or negligence of other parties may result in a rollover crash.

Improper design of the vehicle or the tire itself can also cause rollover crashes.

In these instances, victims of rollovers and their families will have legal claims against those who have contributed to the accident and its tragic results.  Serious personal injury and wrongful death damages will be available under state law for these rollover victims.

Be careful out there.

Indiana Speed Limits May Go Higher on Rural Highways: Indiana Legislation Moves Forward to 70 MPH on Rural Interstates

March 28th, 2013 by admin

Right now, two pieces of legislation up in Indianapolis are gaining steam as they move through the legislative process, on the way to becoming new law for the State of Indiana.

In the State Senate, SB 2356 (introduced by Senators Oberweis and Sandoval) and in the House, HB 2573 (sponsored by Representatives Davidsmeyer and Wheeler) both work to do the same thing: up the speed that trucks, buses, and the rest of us can drive along rural highways with some exceptions. Those interstates in some counties would not get the new speed limit: Cook County, DuPage County, Kane County, Lake County, McHenry County, and Will County will remain under the present Indiana speed limits even if the new law is passed.

What would the new law do?

Under the proposed legislation, the speed limit will be 70 MPH on rural interstates (outside the exempted counties). There’s more. The proposal would drop the limit for excessive speeding violations to 26 MPH (right now it’s 30 MPH) over the legal limit.

Right now, HB 2573 is before the House Rules Committee and its counterpart, SB 2356, remains before the Senate Transportation Committee.  You can track the bills online at Trakbill.com.

SB2356 – Synopsis

Amends the Illinois Vehicle Code. Provides the maximum speed limit outside an urban district for any vehicle is (1) 70 miles per hour on any interstate highway; (2) 70 miles per hour for all or part of highways that are designated by the Department of Transportation, have at least 4 lanes of traffic, and have a separation between the roadways moving in opposite directions; and (3) 65 miles per hour for all other highways, roads, and streets. Provides that the counties of Cook, DuPage, Kane, Lake, McHenry, and Will may adopt ordinances establishing speed limits lower than these speeds. Permits the Department of Transportation and Toll Highway Authority to alter speed limits up to the new maximum speed limit (rather than up to 65 miles per hour).

HB 2573 – Overview

This bill “[a]mends the Illinois Vehicle Code. Provides that outside the counties of Cook, DuPage, Kane, Lake, McHenry, and Will, the maximum speed limit outside an urban district for any vehicle is (1) 70 miles per hour on any interstate highway; (2) 65 miles per hour for all or part of highways that are designated by the Department of Transportation, have at least 4 lanes of traffic, and have a separation between the roadways moving in opposite directions; and (3) 55 miles per hour for all other highways, roads, and streets. Permits the Department of Transportation and Toll Highway Authority to alter speed limits up to the new maximum speed limit (rather than up to 65 miles per hour).”

April is National Distracted Driving Awareness Month: Join Campaign to Stop Needless Accidents Due to Cell Phone Chats While Driving

March 26th, 2013 by admin

April 2013 is National Distracted Driving Awareness Month.  It’s an important campaign as many people remain unaware of how dangerous it is to talk on the phone while driving – even if you are using a hands-free cell phone.

Employers need to be aware of their opportunity to contribute by instituting company wide bans of cell phone usage while driving. The National Security Council offers a manual to assist companies like bus lines and trucking companies adopt these kinds of programs here.

This is particularly important since there is no federal distracted driving cell phone ban and while some states have passed these laws, others have not: for employees that regularly cross state lines having a company policy can make a big difference.

As part of the month long campaign, the National Security Council has issued the following video to promote awareness of the dangers of distracted driving:

Bishop Ford Freeway Fatality: This Sad Tragedy Shows Complications of a Injury Accident Case and the Patience Needed for Truth to be Found

February 12th, 2013 by admin

The news is still coming in today about a tragic traffic accident that happened early this morning on the Bishop Ford Freeway in Dalton, Illinois: a beautiful young woman somehow fell out of a moving SUV and after hitting the pavement was run over by both a semi truck and a car.  So far, it’s known that Jennifer Mitchell died at the scene of this horrific accident and that the driver of the SUV is being questioned by law enforcement, after leaving the scene and being treated at a hospital.

Our condolences to the Loved Ones of Jennifer Mitchell. Of course, the first thing is for condolences to be shared and sent out to the family and friends of this lovely young woman.  We all share in the shock and sadness of what happened this morning and hope that Jennifer Mitchell’s loved ones are finding some comfort in sharing their grief today.

Complications of an Accident Injury Investigation.  The second thing is to consider and wonder what exactly happened here.  While the news stories are still scant on details, this fatality does serve to demonstrate how complicated traffic crash cases can be — over the years, we have seen how true mysteries can exist in an accident case that takes professional investigators with all their technological tools to figure out exactly what has occurred.

While many people want to know what happened here, it will take the input of many professionals:  hospital lab staff, doctors, EMTs, police officers, police investigators, Troopers, experts in accident scene reconstruction, witnesses to the accident, etc.  Accident investigations can be extremely complex.

The truth of this tragedy will not become clear as soon as anyone would like.  Was there a road hazard?  Was there distracted driving?  Was there a failure in the vehicle itself?  (Did the seat belt fail?  Did the brakes?  Did the steering?)  What about the lighting?  What about the drivers of all the vehicles involved here?  What was the weather like then?

Jennifer Mitchell and her family deserve to have the truth of what has happened to cause her untimely death come to light.  Hopefully, this will happen soon.  However, we must all be aware that finding the facts and organizing them into the true and complete story of what happened before dawn this morning will take time — and it’s the right thing to do, to take that time, in order to determine the full truth and bring justice to this young woman.

Dangerous Cars and Auto Products: Almost 18 Million Recalls Reported to NHTSA in 2012, a Reminder that Products Are Not Safe Just Because They Are Sold in the US Marketplace

January 24th, 2013 by admin

Last week, the National Highway Traffic Safety Administration (NHTSA) announced its tally of recalls in 2012 and it is shocking to think that in one year alone almost 18,000,000 vehicles driving on American roads along with the equipment for those vehicles as well as things like car safety seats for children were so flawed and unsafe that they were dangerous enough to warrant a product recall.

These are recalls dealing solely with the expertise of NHTSA in vehicle safety. This huge number of product recalls does not include things like drugs, food items, toys, furniture, clothing, or other products outside of the NHTSA purview.

According to the NHTSA report, consumers taking the time to report a complaint was a big help to the agency. In 2012, NHTSA received 41,912 complaints about car safety issues. However, the number of consumer complaints to NHTSA has gone down in the past few years: compare last year with the total complaints of 2011 (49,417) and the much higher number (65,765) in 2010.

To file a concern about possible danger of a car-related product (car, tire, seats, etc.) you can:

For more information, go here for the NHTSA 2012 recall report and go here for the NHTSA report of 2012 Recalls by Manufacturers.

Note: Reporting a complaint about a dangerous product helps the federal government learn of dangers to the public and move to get unsafe products out of the stream of commerce.  This is not the same as filing an individual claim for damages sustained by a product; for that, you need to pursue individual avenues like filing insurance claims, making police reports, and suing in state or federal court based upon product liability and personal injury laws.

Indianapolis and Surrounding Indiana Communities Facing Floods Due to Heavy Rains: Dangers of Driving in High Water, Winter Conditions Must Be Remembered: Turn Around, Don’t Drown

January 15th, 2013 by admin

This part of the country is getting lot of rain right now: in fact, lots of Indiana is getting flooded right now.  Over 3.5 inches of rain hit Indianapolis over this past weekend, for example, with traffic having to deal with street closures and cars getting flooded by rapidly rising water. As temperatures drop this week, that rainfall was predicted to turn into snow by the beginning of the workweek.   Wet, cold winter weather: something that Indiana and Illinois folk know all too well and still we see serious accidents and sadly, tragic deaths, every winter season.

Weathercasters are warning those who live on the White River that they may see water rising up to 2 feet over the next few days.  Snow is expected this week, as well. Creeks and rivers all around the Indianapolis area are expected to flood and jump their banks; local residents are being warned to this possibility and through out the area, law enforcement officials are posting rising water warnings and barricading roads where flood waters may endanger drivers.

Local drivers are known for disregarding road warnings of flood waters and road barricades to block traffic through flood waters, despite state and county regulations against drivers going through the roadway and ignoring the warnings or barricades.   For many, they drive safely on — no fine, no ticket, and no damage to their vehicle or harm to them or their passengers.

Government Duty to Warn of Dangerous Water on Roadways: Turn Around, Don’t Drown

However, the risk of driving through even a seemingly low amount of water on a road can be dangerous and people die every year from getting caught in flood waters.   It is the official’s duty to warn of high water and set up those roadside barricades; however, it is also important for the driver to respect the barricade even if the water doesn’t seem to be that high, or if it doesn’t seem to be moving.    Families may have the opportunity to file wrongful death actions for failure to post the proper warnings of water dangers on the roads after a loved one has perished in a flooding accident, but these plaintiffs would much prefer to have that loved one alive instead.

Even Standing Water on a Road Can Cause a Traffic Death in Flood Conditions

Standing water that seems innocent enough on a roadway can still have enough power to push that car into deeper water with tragic consequences.  The government warning of “turn around, don’t drown” is a wise one.

For example, there are already news stories of a young Ball State University student who has tragically perished after his vehicle was swept away in rising flood waters on State Road 26. According to news reports, the boy drove his car through standing water on the road and the water moved the vehicle across the lanes and into a ditch, where the force of the floodwaters turned the car over, rolling it so that the passenger compartment was upside-down and water filled the car’s interior.  Despite rescue efforts, the car was submerged for over 12 minutes in the killing, icy cold flood waters.

NHTSA Issues Safety Warning for Driving Vehicles in Winter Weather

The National Highway Traffic Safety Administration (NHTSA) issued its latest safety recommendations for driving this week, and they include:

  • Visit your mechanic for a periodic safety inspection and to address routine vehicle maintenance.
  • Have your vehicle checked thoroughly for fluid leaks and any other needed parts, repairs, or replacements.
  • Have your starting system battery checked for sufficient voltage. When the temperature drops, so does battery power. Be aware that it takes more cranking power to start your vehicle in cold weather. Also, be sure the connections are properly tightened and free of corrosion. If necessary, clean them with a solution of baking soda and water.
  • Make sure you have enough coolant in your vehicle and that it’s designed to withstand the winter temperatures you might experience in your area. A 50/50 mix of coolant to water is sufficient for most regions of the country. See your vehicle owner’s manual for specific recommendations.
  • If your engine cooling system hasn’t been flushed (draining the system and replacing the coolant) for several years, have it done now. Over time, the rust inhibitors in antifreeze break down and become ineffective. Coolant also needs to be refreshed periodically to remove dirt and rust particles that can clog the cooling system and cause it to fail.
  • Make sure your windshield wipers and defrosters are working properly. Refill the windshield washer reservoir as needed with high-quality, “no-freeze” washer fluid.
  • Before you drive, remove snow and ice from all of your vehicle’s windows and mirrors and keep them clean to maintain the best visibility. Also, be sure to clear snow and ice from your vehicle’s roof and hood to ensure good visibility for both you and following motorists.
  • Check tire pressure and make sure each tire is filled to the vehicle manufacturer’s recommended inflation pressure, which is listed in your owner’s manual and on a placard located on the driver’s side doorjamb (called the “B-pillar”). If a vehicle does not have a B-pillar, then the placard is placed on the rear edge of the driver’s door. Tire pressure drops as the temperature drops. Properly inflated tires ensure optimum tire performance and optimum vehicle driving range.
  • Keep a tire pressure gauge in your vehicle at all times and check pressure when tires are “cold” – meaning they haven’t been driven on for at least three hours.
  • Check your tire tread depth and make sure you are using a tire appropriate for the winter driving conditions you may encounter. If the winter season means sleet, slush and snow-covered roads in your area or where you’re traveling to, consider replacing tires when they reach approximately 5/32″ of remaining tread depth. If you regularly encounter severe winter driving conditions, you may consider a dedicated winter/snow tire for optimum traction.
  • Stock your vehicle with essentials in the event of an emergency including a snow shovel, broom, ice scraper, jumper cables, flashlight, warning devices (flares, reflective markers, etc.) and blankets for protection from the cold. A mobile phone, water, food, and any necessary medicines may prove useful if you become stranded.
  • If road conditions are hazardous, wait until road and weather conditions improve before venturing out in your vehicle.
  • If you do become stranded, don’t run your car for long periods with the windows up or in an enclosed space to avoid asphyxiation from carbon monoxide poisoning. If you must run your vehicle, clear the exhaust pipe of any snow and run it only sporadically – just long enough to stay warm.
  • Motorists are also reminded to make safety their number one priority when they drive by bringing in their vehicles for a free fix when it’s been recalled; never driving distracted or drunk; wearing seat belts and obeying state laws.

Toyota Will Pay $17.35 Million Fine to NHTSA For Recall Violations Regarding Floor Mat Problems in 2010 Lexus Models

December 18th, 2012 by admin

Today, Toyota Motor Corporation announced that it will be paying the maximum allowable fine under federal law to the federal government in response to the investigation by the National Highway Traffic Safety Administration and NHTSA’s assertion that Toyota did not report a safety defect to the federal government in a timely manner.

How much will Toyota pay in fines?

$17.35 million.  It’s the biggest one-time penalty payment for recall violations that the NHTSA has ever got.

“Safety is our highest priority,” said U.S. Transportation Secretary Ray LaHood. “With today’s announcement, I expect Toyota to rigorously reinforce its commitment to adhering to United States safety regulations.”

What happened here?

Less than a year ago, NHTSA started looking into a problem with floor mat pedal entrapment in 2010 Lexus RX 350s in Vehicle Owner Questionnaires (VOQs) and Early Warning Reporting data.  By the summer, Toyota had reported to NHTSA that the car maker was aware of 63 alleged incidents of possible floor mat pedal entrapment in Model Year 2010 Lexus RX 350s.

In June, Toyota recalled 154,036 Model Year 2010 Lexus RX 350 and Model Year 2010 RX 450h vehicles for floor mat pedal entrapment.

Read the complete agreement between Toyota and NHTSA here.

Read the Toyota Recall online here.

Own a Lexus?  Check your VIN number against the recall information here.