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2012 Vehicles To Be Rated Under Fed Government’s New NTHSA 5-Star Safety Program – Products Deemed Less Likely to Injure or Kill

October 18th, 2011 by admin

The federal government has revealed which 2012 model year vehicles it will test and rate for safety as part of its tougher testing standards, as part of the National Highway Traffic Safety Administration (NHTSA) 5-star safety ratings program. Not all new cars get rated: this year, 81% of the 2012 passenger vehicles to be sold in the United States will be checked by the crash test dummies and 92% of the new models will get rollover tests.

Of those tested, the federal government makes recommendations on which vehicles have the best “crash avoidance” gizmos.  (This year, 38 models got top “crash avoidance” recommendations.)

Out of all the cars available to the American consumer, 42 passenger cars, 22 sport utility vehicles, 2 vans, and 8 pickups are rated, each getting an overall score.

“Our 5-star ratings program is a critical resource to help consumers make the best possible decisions about the cars they want to buy,” said U.S. Transportation Secretary Ray LaHood. “By revamping the tests and creating a more rigorous program last year, we raised the bar on safety for all vehicle manufacturers. People should remember: More stars, safer cars.”

Results for the 74 vehicles will be posted online at www.safercar.gov.

Here are the 2012 vehicles being tested for crash and rollover safety :

2012 Model Year Vehicle Test List

PASSENGER CARS

Acura TL 4 DR

BMW 328i 4 DR

(list continues) Read the rest of this entry »

Posted in Auto Accidents, Product Liability, Serious Personal Injury, Transportation, Wrongful Death | No Comments »

Texting While Driving Is Much More Dangerous Than We Realized, According to New Research Study

October 6th, 2011 by admin

Texting (or emailing) while driving doubles a driver’s time to react to something on the road — and that makes texting even more dangerous than anyone realized until now.

According to a new research study released this week by Texas A&M University’s Texas Transportation Institute, it does not matter if the driver is typing his or her own message, or simply reading a message on their phone.

Reading or writing text messages — both are equally distracting and equally dangerous according to this new study.

According to the Deparment of Transportation, distracted driving was the reason for around 20% of U.S. traffic fatalities. While using a cellphone to talk or text is banned in most of the country, we all know that passing a law and having people stop doing that action are two different things.

Please be careful out there – don’t text or talk while you are driving.

Posted in Auto Accidents, Bus Crashes, Illinois Wrongful Death, Indiana Wrongful Death, Motorcycle Accidents, Other Jurisdictions, Semi-Truck Crashes, Serious Personal Injury, Transportation, Wrongful Death | No Comments »

Subaru Drivers: Get Your Subaru Checked Out Now – Subaru Recalls Over 500,000 Vehicles This Month

September 22nd, 2011 by admin

Subaru recalls seem to just keep coming.  Within the past 30 days, Subaru recalls have been issued for three different problems and now over 500,000 Subarus need to be fixed.

None of the recalls are for minor issues or cosmetic ones.  Each is dangerous and potentially deadly: (1) loose moon roofs, where the glass can pop off while you’re driving; (2) motors for windshield wipers that can burst into flame; and (3) (maybe the most frightening) control arms that corrode and break due to weather, leaving drivers without the ability to control the vehicle.

If you or a loved one have been injured by one of these product problems, then you may have a claim for damages and personal injury against the manufacturer (and others).  Here are the Recall Notices (all from NHTSA):

RECALL OF SUBARUS FOR CONTROL ARMS THAT CORRODE AND BREAK

Vehicle Make / Model:

Model Year(s):

SAAB / 9-2X

2005-2006

SUBARU / FORESTER

2003-2008

SUBARU / IMPREZA

2002-2007

Manufacturer: SUBARU OF AMERICA, INC.

Mfr’s Report Date: SEP 06, 2011

NHTSA CAMPAIGN ID Number: 11V464000

NHTSA Action Number: PE11011

Component: SUSPENSION:FRONT:CONTROL ARM:LOWER ARM

Potential Number of Units Affected: 295,123

Summary:

SUBARU IS RECALLING CERTAIN MODEL YEAR 2002-2007 IMPREZA, MODEL YEAR 2003-2008 FORESTER, AND MODEL YEAR 2005-2006 SAAB 9-2X VEHICLES MANUFACTURED FROM SEPTEMBER 5, 2000 THROUGH NOVEMBER 26, 2007 ORIGINALLY SOLD, OR CURRENTLY REGISTERED IN, MASSACHUSETTS, MARYLAND, MICHIGAN, NEW HAMPSHIRE, NEW YORK, PENNSYLVANIA, VERMONT, WISCONSIN, CONNECTICUT, DELAWARE, IOWA, ILLINOIS, INDIANA, MAINE, MINNESOTA, MISSOURI, NEW JERSEY, OHIO, RHODE ISLAND, WEST VIRGINIA AND THE DISTRICT OF COLUMBIA. THE FRONT LOWER CONTROL ARMS MAY BREAK AT THE HANGER BRACKETS DUE TO CORROSION IF THE HANGER BRACKET IS EXPOSED TO SALTY AND HUMID ENVIRONMENTS SUCH AS ROADS CONTAINING SNOW MELTING AGENT.Consequence:
A BROKEN CONTROL ARM CAN RESULT IN THE LOSS OF CONTROL OF THE VEHICLE, INCREASING THE RISK OF A CRASH.
Remedy:
SUBARU DEALERS WILL INSPECT THE DEGREE OF CORROSION OF THE FRONT LOWER CONTROL ARMS, AND WILL EITHER RUSTPROOF OR REPLACE THEM. THIS SERVICE WILL BE PERFORMED FREE OF CHARGE. THE SAFETY RECALL IS EXPECTED TO BEGIN DURING NOVEMBER 2011. OWNERS MAY CONTACT SUBARU AT 1-800-782-2783.

Notes:
THIS IS SUBARU’S SAFETY RECALL NUMBER WVX-34. OWNERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION’S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV .

______________

RECALL OF SUBARUS FOR WINDSHIELD WIPER MOTORS THAT CATCH FIRE

Vehicle Make / Model:

Model Year(s):

SUBARU / LEGACY

2010-2011

SUBARU / OUTBACK

2010-2011

Manufacturer: SUBARU OF AMERICA, INC.

Mfr’s Report Date: SEP 06, 2011

NHTSA CAMPAIGN ID Number: 11V469000

NHTSA Action Number: N/A

Component: VISIBILITY:WINDSHIELD WIPER/WASHER:MOTOR

Potential Number of Units Affected: 195,080

Summary:

SUBARU IS RECALLING CERTAIN MODEL YEAR 2010-2011 OUTBACK AND LEGACY VEHICLES MANUFACTURED FROM JANUARY 7, 2010, THROUGH MAY 20, 2011. COMPONENTS INSIDE THE WIPER MOTOR BOTTOM COVER MAY OVERHEAT.

Consequence:
IF THE COMPONENTS OVERHEAT, THE WIPER MOTOR BOTTOM COVER MAY MELT AND POTENTIALLY CATCH FIRE.

Remedy:
SUBARU WILL NOTIFY OWNERS, AND DEALERS WILL REPLACE THE FRONT WIPER MOTOR BOTTOM COVER ASSEMBLY FREE OF CHARGE. THE SAFETY RECALL IS EXPECTED TO BEGIN DURING NOVEMBER 2011. OWNERS MAY CONTACT SUBARU AT 1-800-782-2783.

Notes:
SUBARU’S SAFETY RECALL NUMBER IS WVV-32. OWNERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION’S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV .

__________

RECALL OF SUBARUS FOR MOON ROOF GLASS THAT FALLS ONTO DRIVER

Vehicle Make / Model:

Model Year(s):

SUBARU / LEGACY

2011

SUBARU / OUTBACK

2011

Manufacturer: SUBARU OF AMERICA, INC.

Mfr’s Report Date: SEP 06, 2011

NHTSA CAMPAIGN ID Number: 11V467000

NHTSA Action Number: N/A

Component: VISIBILITY:SUN ROOF ASSEMBLY

Potential Number of Units Affected: 69,590

Summary:
SUBARU IS RECALLING CERTAIN MODEL YEAR 2011 OUTBACK AND LEGACY VEHICLES MANUFACTURED FROM AUGUST 3, 2010, THROUGH JULY 1, 2011. THE MOONROOF GLASS MAY COME LOOSE OR DETACH. THE AMOUNT AND POSITION OF THE ADHESIVE BETWEEN THE GLASS AND RETAINER WAS INADEQUATELY APPLIED.

Consequence:
THE MOONROOF GLASS CAN LOOSEN AND DETACH FROM THE VEHICLE DURING DRIVING, RESULTING IN A POTENTIAL ROAD HAZARD FOR OTHER VEHICLES, INCREASING THE RISK OF A CRASH.

Remedy:
SUBARU WILL NOTIFY OWNERS, AND DEALERS WILL INSPECT THE GLASS ADHESION CONDITION AND EITHER APPLY ADDITIONAL ADHESIVE OR REPLACE THE MOONROOF GLASS, FREE OF CHARGE. THE SAFETY RECALL IS EXPECTED TO BEGIN DURING OCTOBER 2011. OWNERS MAY CONTACT SUBARU AT 1-800-782-2783.

Notes:
SUBARU’S SAFETY RECALL NUMBER IS WVW-33. OWNERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION’S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV .

Posted in Auto Accidents, Product Liability, Serious Personal Injury, Transportation | No Comments »

Distracted Driving Laws May Get Even More Stringent After DOJ Releases Info on Successful Law Enforcement Pilot Program “Phone in One Hand, Ticket in the Other”

July 14th, 2011 by admin

The Department of Justice reports that pilot programs held in New York and Connecticut have resulted in a significant decrease in distracted driving accidents, with U.S. Transportation Secretary Ray LaHood calling the results “dramatic.”

Pilot Programs in Syracuse and Hartford Fight Against Texting and Cell Phone Use While Driving

Two cities were chosen as the locations where the government would experiment with increased law enforcement targeting texting and cell phone use by drivers along with a big public education media campaign to educate the two communities on the dangers of texting or talking on the phone while driving a car, truck, SUV, minivan, etc. 

And by “law enforcement targeting,” we mean giving lots of traffic tickets.

“These findings show that strong laws, combined with highly-visible police enforcement, can significantly reduce dangerous texting and cell phone use behind the wheel,” said U.S. Transportation Secretary Ray LaHood. “Based on these results, it is crystal clear that those who try to minimize this dangerous behavior are making a serious error in judgment, especially when half a million people are injured and thousands more are killed in distracted driving accidents.”

Federal Government and State Governments Shared Costs of the Pilot Programs

For each of the test runs, in New York and Connecticut, the Department of Justice put in $200,000 in federal funds with the state adding another $100,000 to cover the costs of increased police efforts as well as media costs (ads in the local newspapers, on the local television stations, etc.) They didn’t start from square one, however: costs were cut by mimicking the “Click It of Ticket” campaign as these two cities held their “Phone in One Hand, Ticket in the Other” distracted driving campaign.


National Highway Traffic Safety Administration (NHTSA) Studies Success of the “Phone in One Hand, Ticket in the Other” Pilots

The NHTSA surveyed public awareness at the Syracuse and Hartford driver licensing offices and their findings include:

  • In Syracuse, New York, because of high-visibility enforcement -– both handheld cell phone use and texting behind the wheel have declined by 33%.
  • In Hartford, Connecticut, where researchers initially identified drivers talking on their cell phones at twice the frequency (which left more room for improvement), there was a 57 percent drop in handheld use and texting behind the wheel dropped by nearly three-quarters.

Based on these numbers, the NHTSA is already promoting the implementation of these campaigns across the country, pushing for “Phone in One Hand, Ticket in the Other” campaigns with state legislatures, law enforcement agencies, and consumer safety advocates as well as manning its own Distracted Driving website at www.distraction.gov.

Which means that if states are willing to spend the money, there will lots more police pulling people over for using their cellphone while driving to give them tickets that will vary in cost depending upon which authority is issuing the traffic violation.   Be careful out there.

Posted in Airplane & Train Crashes, Auto Accidents, Bus Crashes, Motorcycle Accidents, Pedestrian Accidents, Semi-Truck Crashes, Serious Personal Injury, Spinal Injuries, Sports & Boating Accidents, Transportation, Work Related, Wrongful Death | No Comments »

Ability of Plaintiffs to File Class Actions is Vital: Congress Investigating Recent U.S. Supreme Court Decisions Harming Plaintiffs’ Class Action Rights

July 7th, 2011 by admin

Class action lawsuits allow individual plaintiffs to group together in one lawsuit and in one courtroom as they seek justice against a defendant that is all too often a huge, international corporation. Class action lawsuits level the David vs Goliath playing field in countless ways, and class action lawsuits have proven to be vital to justice when defendants are powerful, rich, and ruthless.

Consider these famous class action lawsuits in American history: (1) the breast implant litigation of the 1990s, settled for $3.4 billioin, where a class action lawsuit sought damages for women injured by silicone breast implants against the major implant makers (Corning, Baxter, Bristol-Meyers Squibb/MEC, 3M), (2) the Exxon-Mobil class action litigation after the Exxon Valdez oil spill, where those injured by the oil spill along 1300 miles of coastline took the oil and gas giants to judgment (not settlement) for $5 billion in damages, or (3) the nationwide tobacco product class action litigation, where the top six tobacco companies were sued by each state’s attorney general for injury and death caused by cigarette smoking, etc..

Movies are made about class actions: A Civil Action and Erin Brockovich are just two examples.

Senate Is Investigating Supreme Court’s Recent Impact on Class Action Lawsuits

The Senate Judiciary Committee is investigating recent opinions released by the United States Supreme Court and for details, the Opening Statement by SJC Chairman Patrick Leahy to the June 29, 2011 Hearing provides a good overview of what Congress is doing to help injured plaintiffs and their families:

This morning, we will highlight several recent Supreme Court decisions to examine the impact on the lives of hardworking Americans. Each of these decisions give corporations additional power to act in their own self-interest, and each limits the ability of Americans to have their day in court. This hearing is a continuation of previous hearings about how Supreme Court rulings affect Americans’ access to their courts. Especially in these tough economic times, American consumers and employees rely on the law to protect them from fraud and discrimination. They rely on the courts to enforce those laws intended to protect them. Unfortunately, these protections are being eroded by what appears to be the most business-friendly Supreme Court in the last 75 years.

Last week, in Wal-Mart v. Dukes, five men on the Supreme Court disqualified the claims of 1.5 million women who had spent nearly a decade seeking justice for sex discrimination by their employer, Wal-Mart. They ruled that the women did not share enough in common to support bringing a class action. Perhaps more troubling, they told those women that Wal-Mart could not have had a discriminatory policy against all of them, because it left its payment decisions to the local branches of its stores.

The case gives Wal-Mart, and the rest of corporate America, a clear path to avoid company-wide sex discrimination suits: Have your lawyers write a non-discrimination policy, then allow your local branches to implement compensation decisions, and you can hide behind your policy regardless of what really happened to your employees across America. Through this decision, a narrow majority of five justices have, again, made it harder to hold corporations accountable under our historic civil rights laws.

Earlier this month, in Janus Capital v. First Derivative Traders, the same five justices gave corporations another victory by shielding them from accountability even when they knowingly lie to their investors. In that case, the Court held that investors have no remedy when a corporation knowingly issues false statements from a shell entity it created to “make” the false statement. Some have said that the Janus decision provides Wall Street companies with a “license to lie.” Others have called the opinion “a roadmap for fraud.” Whichever phrase you use, the decision allows Wall Street companies to design new ways to evade accountability from the harm inflicted on hardworking Americans who have seen their life savings ravaged over the past few years by fraudulent investment schemes and corporate misconduct.

This term, the Supreme Court also issued a devastating decision that will harm the ability of consumers to band together when their phone company or other corporations falsely charge them small, unjustified, and unfair fees. Two months ago, in AT&T v. Concepcion, the Supreme Court, in another 5-4 opinion, held that companies can take advantage of the fine print on telephone bills and other contracts to bar customers from bringing class action lawsuits. What’s more, the Court held that states cannot prohibit such “mandatory arbitration clauses” — even if the state legislatures vote to do so — because such a law would be preempted by the Federal Arbitration Act. Justice Scalia and the four fellow conservatives on the Court, once again, misinterpreted Congress’ intent; they favored corporations and further weakened protections for consumers. Binding mandatory arbitration makes a farce of the American people’s constitutional right to a jury trial and the due process our Constitution guarantees to all Americans.. In arbitration, there is no transparency. There are no juries. There is no appellate review.

Like the Wal-Mart case, the AT&T case also denies consumers the right to bring their lawsuit as part of a class action. Class actions serve an important function in our justice system. If I have a claim for $50 or $100 against a company, the potential recovery is too small for me to hire a lawyer and seek redress. If I combine my claim with those of other people who also have a small claim, that would allow us to attain adequate representation and seek accountability. When consumers can band together, then corporations can be forced to account for their misconduct, even if the harm to each individual consumer is relatively small. Class actions are an essential way for everyday Americans to gain access to our courts.

The cases we are discussing today are just a few examples of how the Supreme Court’s recent decisions will hurt individual Americans and benefit large corporations who engage in misconduct. A study by Lee Epstein, William Landes and Richard Posner, entitled “Is the Roberts Court Pro-Business?” illustrates this phenomenon. It found that the Supreme Court ruled in a pro-business fashion in 29 percent of cases under Chief Justice Earl Warren. Under Warren Burger the figure was 47 percent. Under Chief Justice Rehnquist, it was 51 percent. Now, under Chief Justice Roberts it has risen to 61 percent. The point of today’s hearing is to put these statistics in context by examining some of the most troubling pro-business rulings from the Supreme Court’s term and to consider the lasting effect of these divisive rulings.

Over the past few years, the American people have grown frustrated with the notion that regardless of their conduct some corporations are too big to fail. The Supreme Court’s recent decisions may make some wonder whether the Supreme Court has now decided that some corporations are too big to be held accountable. You get the unfortunate feeling that many of the Justices view plaintiffs as a mere nuisance to corporations. We cannot ignore that sex discrimination in the workplace continues, that corporations continue to deceive consumers and that fraud continues on Wall Street. I believe that the ability of Americans to band together to hold corporations accountable when these things occur has been seriously undermined by the Supreme Court. These decisions have been praised on Wall Street, but will no doubt hurt hardworking Americans on Main Street.

Posted in Airplane & Train Crashes, Auto Accidents, Bus Crashes, Construction Injuries, Defective Products, Electrocution, Equipment and Machine Malfunction, Explosions & Fires, Falls, Illinois Wrongful Death, Indiana Wrongful Death, Insurance Claims, Job Site Injury, Longshoremen & Maritime, Medical Malpractice, Mill Accidents, Motorcycle Accidents, Other Jurisdictions, Product Liability, Semi-Truck Crashes, Serious Personal Injury, Transportation, Work Related, Wrongful Death | No Comments »

Indianapolis I-69 Construction Serves as Good Reminder of the Real Dangers of Road Work Hazards to Workers and Drivers

July 5th, 2011 by admin

WTHR of Indianapolis (Channel 13) is reporting that the big Indiana Department of Transportation project to renovate I-69 is about to cause a lot of commuter headaches in Fishers, as a major bridge project begins this week and isn’t projected to be completed until around Thanksgiving. Anyone driving I-69 near 126th Street is going to be diverted, regardless of which direction they are going, and 126th Street will be closed to traffic sometime soon.

What’s happening?

Here, the bridge is being widened from two lanes to four lanes each way. They are also putting in a lane for bicycles, and another lane for pedestrians. (Statewide, I-69 has been the subject of a major expansion since March 2004, when the Federal Highway Administration (FHA) okayed an interstate corridor for I-69 running between Evansville and Indianapolis.)

First things first, you’ll see crews with reflective vests putting up those concrete barriers along with the orange cones and barrels — these aren’t so much to reroute traffic as protect the construction workers on the job.

Road Hazards Can Cause Worker On the Job Injuries as well as Car Accidents and Traffic Pile Ups

The I-69 / 126th Street Bridge Construction Project gives a great example of the dangers of road construction and road hazards. This highway construction project, just like any road work, will bring cars, SUVs, trucks, big rigs, and other moving vehicles, very close to highway construction workers — at times, they will be extremely closed to each other. Construction workers die every year from work zone accidents, and they are particularly vulnerable to driver distraction.

Another danger in these kinds of construction projects are road hazards that can cause car crashes. Construction sites, however well tended, can have debris on the road which drivers may have to swerve to avoid hitting, or may run over causing a loss of control of their vehicle.

Let’s be careful out there!

Posted in Auto Accidents, Bus Crashes, Construction Injuries, Illinois Wrongful Death, Job Site Injury, Motorcycle Accidents, Pedestrian Accidents, Semi-Truck Crashes, Serious Personal Injury, Spinal Injuries, Transportation, Work Related, Workers’ Compensation, Wrongful Death | No Comments »

Nation’s Top Truck Drivers Offer Advice to Us All – Driving Safely Over the 4th of July Holiday Weekend

June 30th, 2011 by admin

Today, the American Trucking Association issued a press release that gives the safety tips that the “America’s Road Team Captains” have devised, offering safety tips on driving the highways this Holiday Weekend, given their years of experience and their ranking as the country’s elite drivers of large commercial vehicles.

As a law firm representing plaintiffs who have suffered serious injury or wrongful death in all manner of roadside tragedies (car accidents, motorcycle accidents, big rig crashes, SUV wrecks, minivan accidents, etc.), all efforts to educate the public on safety measures and to warn American citizens on the dangers that can be particular to a holiday weekend like the Fourth of July holiday we are all about to enjoy is to be applauded.

America’s Road Team is made up of the top truckers in the country.  These drivers know what it means to drive American highways – and here’s what they have to suggest:

  1. Prepare your vehicle for long distance travel – Check your wipers and fluids. Have your radiator and cooling system serviced. Simple maintenance before you leave your home can prevent many of the problems that strand motorists on the side of the road.
  2. Properly inflate your tires – Properly inflated tires can save up to 4 percent in fuel mileage, while over inflation can lead to tire failure. Keep your vehicle running smoothly and efficiently by routinely checking your tire pressure.
  3. Drive the speed limit – Lower speeds not only save money at the pump, they make you safer on the road. By maintaining a constant moderate speed, drivers can save up to 30 percent on fuel and are better able to react to road conditions and other drivers – so slow down!
  4. Large Trucks Have Blindspots – Be aware that tractor-trailers have large areas around their trucks where cars are not visible. If you can’t see the truck driver in his or her mirrors, then the truck driver can’t see you.
  5. Keep extra water in your vehicle – Just as you keep a winter driving kit in your vehicle, it is important to be prepared when driving during the summer months. Keep plenty of extra water, sunscreen and non-perishable snacks in car in case you are stranded.
  6. Wait until parked to use cell phones – Driver distraction is a major cause of traffic accidents. Even just two seconds of distraction time doubles the chances of an accident.
  7. Do not cut in front of large trucks – Remember that trucks are heavier and take longer to make a complete stop, so avoid cutting quickly in front of them.
  8. Honor the Right of Way – On entrance ramps, remember highway traffic has the right of way; maintain proper speed, use smooth merging techniques, and don’t slow down in front of a truck.
  9. Road side emergency – Understand that big trucks cannot always stop to assist you, but most will use their radios to contact the police or highway patrol if they see you are in trouble.
  10. Save fuel – To save fuel, take direct routes, minimize side trips, and keep a steady speed. Further, a well-tuned engine, properly inflated tires and reduced speed will result in noticeable fuel savings.

Have a Safe and Happy Fourth of July!

Posted in Auto Accidents, Bus Crashes, Motorcycle Accidents, Semi-Truck Crashes, Serious Personal Injury, Transportation, Wrongful Death | No Comments »

Tire Safety: Summer Heat Can Cause Tire Blow Outs While Driving – Check Your Tires, Take Care on the Road

June 14th, 2011 by admin

Last week (June 5 – 11) was National Tire Safety Week for the National Highway and Traffic Safety Administration (NHTSA) and it’s no coincidence that this tire-awareness campaign is scheduled for the beginning of summer. Summer heat can cause tires to blow and accidents to happen.

According to the NHTSA, tires were responsible for 116,000 injuries and over 3,300 deaths on American roads during a four year time period (2005-2009). Experts believe that most of these injuries and fatalities could have been prevented if only the drivers had stopped to check their tires. Heat can cause tires to become extremely dangerous, especially when they don’t have the proper air pressure.

The NHTSA offers a free brochure for everyone to read or download that outlines how to make sure that your tires are okay for the hot summer roads.

Weak tires are especially dangerous when they are being driven on a big rig commercial truck.

Commercial trucks, with their weight and size, are always safety issues on American roads, and their tires are no exception. Blown tires on big rigs cause wrecks: not only can the truck driver lose control, but the flying tire and its debris on the roadway can cause hazards resulting in other vehicles crashing.

This week, the Tire Industry Association and Michelin Americas Truck Tires participated in National Tire Safety Week by offering fleet operators, tire shop managers, and truck maintenance pros a truck tire training video that goes into the details of making sure that the big trucks’ big tires are safe with an explanation of safety procedure for semi truck tires. The video is free, 18 minutes long, and entitled “Tire Shop Hazard Assessment.”

You can watch it here:

Posted in Auto Accidents, Bus Crashes, Motorcycle Accidents, Product Liability, Semi-Truck Crashes, Serious Personal Injury, Transportation, Work Related, Wrongful Death | No Comments »

Feds Applaud Indiana’s New Law Banning Texting While Driving; Illinois Distracted Driving Law Already on the Books

May 19th, 2011 by admin

U.S. Transportation Secretary Ray LaHood gave a public attaboy to Indiana’s governor Mitch Daniels in a media statement where Indiana was recognized as the 32nd state to enact laws that make texting while driving illegal.  (It’s a victory of sorts for the feds, as Secretary LaHood is actively pushing states to pass laws like this as part of the U.S. Department of Transportation’s campaign against distracted driving.  For more information, check out the Transportation Department’s distracted driving website, Distraction.gov.)

July 2011: Indiana Texting While Driving Ban Goes Into Effect

In Indiana, starting July 1, 2011, you can be ticketed if you are caught texting behind the wheel – and this is going to make liability more serious in a personal injury civil matter if you’re in a car wreck while you’re doing it.

Indiana’s new law makes texting while driving illegal with a maximum fine of $500.  It also makes it against the law for Indiana drivers under 18 to use cell phones at all.  Period.

What about in Illinois?

This is old news in Illinois, which was the 17th state to enact a texting while driving ban.  Governor Pat Quinn signed that into law back in August 2009.  In Illinois, if you text, surf the web, email, etc. while driving, it is a $1000 fine under Illinois Vehicle Code 625 ILCS 5/12-610.2.

Posted in Auto Accidents, Illinois Wrongful Death, Indiana Wrongful Death, Motorcycle Accidents, Serious Personal Injury, Transportation, Wrongful Death | No Comments »

Good Samaritan Laws in Illinois and Indiana: Do You Risk a Lawsuit If You Stop to Help Someone at the Scene of an Accident?

April 28th, 2011 by admin

You’re driving home from work, or maybe it’s the end of a long weekend and you’re part of a parade of cars filled with families returning home. Or maybe you’re at work. In a mine, in a mill, on a train, or in a factory.  You could even be at school, or at the stadium for a game.

Suddenly, without warning: there’s an accident. A serious, scary accident where someone is seriously hurt. They’re in need – and if someone doesn’t help them, they may die.

This scenario becomes reality every day, in every state, in this country. Tragedies happen. Shockingly, however, not every state protects its citizens in the same way when they step up to render aid in an emergency. In fact, without Good Samaritan Laws in place, these do-gooders were sometimes later sued (yes, sued) for trying to help in a crisis.

For example, this winter in Fort Wayne, Indiana, there was a horrific car crash and an off-duty state trooper stopped to help the woman trapped inside her car.  It was only when a stranger, an ordinary citizen and good guy, stopped to help the trooper that they were able to set the woman free.

Illinois Good Samaritan Law

In 2011, the Illinois Good Samaritan Act was amended to clarify that the Illinois General Assembly’s purpose in passing the law was to ” …establish numerous protections for the generous and compassionate acts of its citizens who volunteer their time and talents to help others. These protections …shall be liberally construed to encourage persons to volunteer their time and talents.”

The overall Good Samaritan Law for Illinois is found in 210 ILCS 50, where it provides:

Sec. 3.150. Immunity from civil liability.

(a) Any person, agency or governmental body certified, licensed or authorized pursuant to this Act or rules thereunder, who in good faith provides emergency or non‑emergency medical services during a Department approved training course, in the normal course of conducting their duties, or in an emergency, shall not be civilly liable as a result of their acts or omissions in providing such services unless such acts or omissions, including the bypassing of nearby hospitals or medical facilities in accordance with the protocols developed pursuant to this Act, constitute willful and wanton misconduct.
(b) No person, including any private or governmental organization or institution that administers, sponsors, authorizes, supports, finances, educates or supervises the functions of emergency medical services personnel certified, licensed or authorized pursuant to this Act, including persons participating in a Department approved training program, shall be liable for any civil damages for any act or omission in connection with administration, sponsorship, authorization, support, finance, education or supervision of such emergency medical services personnel, where the act or omission occurs in connection with activities within the scope of this Act, unless the act or omission was the result of willful and wanton misconduct.
(c) Exemption from civil liability for emergency care is as provided in the Good Samaritan Act.
(d) No local agency, entity of State or local government, or other public or private organization, nor any officer, director, trustee, employee, consultant or agent of any such entity, which sponsors, authorizes, supports, finances, or supervises the training of persons in the use of cardiopulmonary resuscitation, automated external defibrillators, or first aid in a course which complies with generally recognized standards shall be liable for damages in any civil action based on the training of such persons unless an act or omission during the course of instruction constitutes willful and wanton misconduct.
(e) No person who is certified to teach the use of cardiopulmonary resuscitation, automated external defibrillators, or first aid and who teaches a course of instruction which complies with generally recognized standards for the use of cardiopulmonary resuscitation, automated external defibrillators, or first aid shall be liable for damages in any civil action based on the acts or omissions of a person who received such instruction, unless an act or omission during the course of such instruction constitutes willful and wanton misconduct.
(f) No member or alternate of the State Emergency Medical Services Disciplinary Review Board or a local System review board who in good faith exercises his responsibilities under this Act shall be liable for damages in any civil action based on such activities unless an act or omission during the course of such activities constitutes willful and wanton misconduct.
(g) No EMS Medical Director who in good faith exercises his responsibilities under this Act shall be liable for damages in any civil action based on such activities unless an act or omission during the course of such activities constitutes willful and wanton misconduct.
(h) Nothing in this Act shall be construed to create a cause of action or any civil liabilities.

Indiana Good Samaritan Law

Indiana’s Good Samaritan Law is not the same as that of Illinois.  Indiana focuses upon protecting emergency medical professionals, whether they are licensed in Indiana or elsewhere, as they do their work at the scene of an emergency.

Indiana’s Good Samaritan Law is found at IC 16-31-6-1, where it provides:

IC 16-31-6
Chapter 6. Immunity From Liability

IC 16-31-6-1
Emergency medical technician services
Sec. 1. (a) A certified emergency medical technician or a certified emergency medical technician-basic advanced who provides emergency medical services to an emergency patient is not liable for an act or omission in providing those services unless the act or omission constitutes negligence or willful misconduct. If the emergency medical technician or emergency medical technician-basic advanced is not liable for an act or omission, no other person incurs liability by reason of an agency relationship with the emergency medical technician or emergency medical technician-basic advanced.
(b) This section does not affect the liability of a driver of an ambulance for negligent operation of the ambulance.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003, SEC.33.

IC 16-31-6-2
Use of defibrillators
Sec. 2. (a) Except for an act of negligence or willful misconduct, a certified first responder who uses an automatic or semiautomatic defibrillator on an emergency patient according to the training procedures established by the commission under IC 16-31-2-9 is immune from civil liability for acts or omissions when rendering those services.
(b) If the first responder is immune from civil liability for the first responder’s act or omission, a person who has only an agency relationship with the first responder is also immune from civil liability for the act or omission.
As added by P.L.2-1993, SEC.14.

IC 16-31-6-3
Advanced life support
Sec. 3. An act or omission of a paramedic or an emergency medical technician-intermediate done or omitted in good faith while providing advanced life support to a patient or trauma victim does not impose liability upon the paramedic or emergency medical technician-intermediate, the authorizing physician, the hospital, or the officers, members of the staff, nurses, or other employees of the hospital or the local governmental unit if the advanced life support is provided:
(1) in connection with an emergency;
(2) in good faith; and
(3) under the written or oral direction of a licensed physician;
unless the act or omission was a result of negligence or willful misconduct.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003,

SEC.34.

IC 16-31-6-4
Life support provided in connection with disaster emergency
Sec. 4. (a) This section does not apply to an act or omission that was a result of gross negligence or willful or intentional misconduct.
(b) An act or omission of a paramedic, an emergency medical technician-intermediate, an emergency medical technician-basic advanced, an emergency medical technician, or a person with equivalent certification from another state that is performed or made while providing advanced life support or basic life support to a patient or trauma victim does not impose liability upon the paramedic, the emergency medical technician-intermediate, the emergency medical technician-basic advanced, an emergency medical technician, the person with equivalent certification from another state, a hospital, a provider organization, a governmental entity, or an employee or other staff of a hospital, provider organization, or governmental entity if the advanced life support or basic life support is provided in good faith:
(1) in connection with a disaster emergency declared by the governor under IC 10-14-3-12 in response to an act that the governor in good faith believes to be an act of terrorism (as defined in IC 35-41-1-26.5); and
(2) in accordance with the rules adopted by the Indiana emergency medical services commission or the disaster emergency declaration of the governor.

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