Road Safety

November 12, 2014

Former Employees Allege Takata Hid Airbag Defects

by Whittel & Melton, LLC

Takata has been accused of knowing its airbags were defective long before the deaths and injuries, according to two former employees of the Japanese manufacturer.

The workers told the New York Times that Takata knew about the defects as far back as 2004. The company learned one of its airbags exploded and ejected metal pieces at a driver in Alabama, so it apparently began secret testing at its U.S. headquarters located in Michigan. The testing was conducted outside normal work hours and was never disclosed until recently.

After three months of secret testing, employees realized the problem was with the welding on the airbag’s inflator canister, but the investigation was shut down and employees were told to destroy all testing data.

Four years later Takata reported the faulty airbags in a regulatory filing. In November 2008, the first Takata airbags were recalled.

The law requires that car manufacturers report safety defects to the government within five days once they are identified. In 2008, Takata’s airbag recalls slowly unraveled, but last month the National Highway Traffic Safety Administration gave these recalls a big push. NHTSA issued a consumer advisory which urged drivers to immediately check if their vehicle’s airbags had been recalled and to arrange for a repair as soon as possible.

This year has seen the most auto recalls in U.S. history. To date, 11 car manufacturers have recalled more than 14 million vehicles worldwide. In regards to Takata, four deaths have been linked to the defective airbags and at least 139 people have been injured.

November 11, 2014

Takata Airbag Manufacturers Accused of Cover Up

by Whittel & Melton, LLC

The first round of recalls involving vehicles equipped with certain defective airbags manufactured by Takata came to light in November 2008. When addressing this recall, the company cited studies from 2008 that showed the risk of defective airbags in certain vehicle models.

The most recent news surrounding the Japanese manufacturer focuses on former Takata employees who have stepped forward to disclose that the company allegedly performed secret tests in 2004 when the first reports of defective airbags occurred. According to the employees, secret tests were ordered by Takata executives that indicated the airbags could rupture upon impact and release dangerous debris. These former employees have also accused the executives of ordering the test results to be thrown out and erased from company records.

Sadly, these defective airbags caused more than 130 injuries and four deaths. It is highly likely that Takata face legal action from those who were injured by the airbags before the 2008 recall.

Due to the alleged reckless, criminal and likely punitive conduct of Takata, even older cases, including those that would normally be barred by statute of limitations, could be viable against Takata.

November 5, 2014

Lake Wales Toddler Hit by Bus While Trick-Or-Treating

by Whittel & Melton, LLC

A 2-year-old was killed while trick-or-treating on Halloween after he was hit by bus.

According to a Polk County Sheriff’s Office spokeswoman, the Lake Wales toddler was in a stroller Friday evening with two other children when the adult pushing them across a street realized he had dropped his cellphone. The man stopped the stroller in the median and told the children to stay in it while he went to grab his phone. The boy managed to get out of the stroller and ran to where his grandmother was standing alongside the road.

A bus driver failed to see the toddler in the street and hit him. The boy was pronounced dead at the scene.

No charges are pending at this time.

State Farm conducted a review of more than four million records of motor vehicle collisions that took place between 1990 and 2010. According to these records, there were 115 children killed in pedestrian collisions on Halloween night across the nation. This totals to an average of 5.5 children killed each year on Halloween. On a normal day of the year, an average of just 2.6 children are killed in pedestrian-related collisions. This data confirms that the risk of a child being killed in a pedestrian accident on Halloween is more than double than on any other day of the year.

A whopping 60 percent of fatal Halloween pedestrian crashes occur between 5:00 p.m. and 9:00 p.m. Children between the ages of 12 and 15 are the most likely to be killed in pedestrian accidents on Halloween. Kids ranging in age from five to eight were the age group with the second highest number of fatalities, with a total of 23 percent of the deaths. These deaths were found to occur more often in the middle of the street on Halloween than on the corners, which suggests that many fatal accidents were the result of children running out into the streets.

Drivers should be aware of the increased risks to kids on Halloween night. Driver’s need to slow their speed and avoid using electronic devices. Distractions of any nature can prevent drivers from seeing child trick-or-treaters who might dart into the middle of the road.

October 30, 2014

Florida Ranks Second for Highest Number of Bicycle Fatalities

by Whittel & Melton, LLC

A new report on bicycle fatalities due to car accidents on U.S. roads shows that the bulk of these fatal accidents occur in just a handful of states.

The report, released Monday by the nonprofit Governors Highway Safety Association, concluded that biking accident deaths rose 16 percent nationwide between 2010 and 2012, while motor vehicle accident fatalities increased by just 1 percent.

According to 2012 figures, the top 10 states that saw the highest number of bicyclists killed in motor vehicle accidents are listed below:

California – 123 bicyclist fatalities in motor vehicle accidents in 2012
Florida – 120 bicyclist fatalities in 2012
Texas – 56
New York – 45
Illinois – 29
North Carolina – 27
Michigan – 19
Ohio AND Arizona – 18
Georgia – 17

Moreover, the report also noted that more than half, or 54 percent, of U.S. bicycle fatalities over the period of 2010 to 2012 happened in just six states: California, Florida, Illinois, New York, Michigan and Texas.

October 23, 2014

National Teen Driver Safety Week 2014

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration has declared this week, October 19-25, as National Teen Driver Safety Week. Due to the sad reality that motor vehicle crashes are still the leading cause of death for teens ages 14 to 18, the NHTSA has made this issue a top priority. The NHTSA’s “5 to Drive” rules are designed to raise awareness about the five biggest issues teen drivers face today.

Safety Issues Facing Teen Drivers

The NHTSA has listed out the top five safety concerns for teen drivers by analyzing data and statistics from auto accidents involving teen drivers across the United States. From driving impaired to having too many passengers in the car, there are numerous issues that can greatly increase a teen driver’s risk for being involved in an accident that could result in serious injuries or death.

Top Five Safety Concerns for Teens

Alcohol
Seat belts
Texting
Speeding
Passengers

Five to Drive

By addressing these safety concerns with teen drivers, parents can make a huge impact on the safety of their teen when behind the wheel. Even though teens are not legally allowed to consume alcohol, they are at a greater risk than drivers in any other age group of being involved in an alcohol-related crash. It should also be noted that extra passengers can increase a teen drivers risk of being involved in a collision, so it is best to limited teens to no more than one passenger in their car at any time.

Even what can seem like minor details can have a great impact on inexperienced drivers. As a parent, it is smart to have regular conversations with your teen driver about these five key issues and lead by example. When you are driving, make sure to follow all safety rules, including wearing your seatbelt, and limit the distractions around you. Teens are quite perceptive, and if you are a safe driver, then the odds are your teen will pick up on your safe practices and put them into action when they are behind the wheel.

What to do After a Crash

October 15, 2014

Orange County Deputy Hits & Kills Pedestrian

by Whittel & Melton, LLC

An Orange County sheriff’s deputy responding to a call in the early morning hours on Monday struck and killed a pedestrian in Orlando, according to the Florida Highway Patrol.

The 38-year-old Orlando deputy was not injured in the crash, which occurred around 3:15 a.m. on Oak Ridge Road near Orange Blossom Trail.

According to the FHP, two deputies were headed to a burglary call, and the first deputy cruiser had its flashing lights and siren on. A pickup truck in the area pulled over for the deputy, but returned to the road after the cruiser passed.

The deputy accused of striking the pedestrian was the second officer headed to the call, but did not apparently have his cruiser’s flashing lights and siren on. He switched lanes to pass the pickup when he struck the 34-year-old woman, the FHP said.

Troopers claim the impact of the crash caused the woman to hit the side of the pickup.

The woman was taken to Orlando Regional Medical Center, where she was pronounced dead.

It is unknown at this time how fast the deputy was traveling at the time the accident occurred.

The deputy apparently refused to provide a statement to troopers, according to the FHP. FHP is still investigating this fatal accident.

The driver of the pickup, a 25-year-old Homestead man, did not suffer any injuries from the accident.

In time, more information will hopefully emerge about how this tragic incident came to be. If the deputy is found to have caused the victim’s death through some type of negligence, he and his department may be liable for her wrongful death. As with any fatal auto accident, driver inattention, speed and reckless driving all could have been factors that contributed to the accident.

October 9, 2014

International Walk to School Day: Watch Out for Pedestrians and Bicyclists!

by Whittel & Melton, LLC

October 8 is International Walk to School Day, a day when thousands of schools in the U.S. and in 40 countries strive to raise awareness about walking and bicycling to school. This day expresses the need for walkable communities throughout the world and encourages more children to walk to school.

This day urges the need to educate the public about pedestrian safety. According to the National Highway Traffic Safety Administration, in 2012, car accidents resulted in the death of a pedestrian every two hours and an injury every seven minutes. In this same year, 4,743 pedestrians were killed and approximately 76,000 were injured in car accidents.

The NHTSA defines a pedestrian as “a person on foot, walking, running, jogging, hiking, sitting or lying down who is involved in a motor vehicle traffic crash.” With that said, every single person is a pedestrian on a regular basis, whether it is a young child walking to school or an adult walking across a shopping mall parking lot. Our Florida Car Accident Injury Lawyers at Whittel & Melton work with families every day who have had their lives turned upside down because of a negligent driver who failed to pay attention to a biker or pedestrian sharing the roadway. Injuries to pedestrians struck by cars can vary from cuts, bruises and scrapes to broken bones, spinal cord trauma and death.

Children under the age of 16 accounted for 6 percent of pedestrian deaths and 18 percent of pedestrian injuries caused by car accidents in 2012. In that same time period, pedestrians age 65 and older made up 20 percent of pedestrian deaths and 9 percent of pedestrian injuries as a result of auto accidents.

Motor vehicle accidents involving pedestrians can be truly devastating. The NHTSA urges everyone to follow the below safety tips when walking or driving.

Pedestrians should always:

Walk on sidewalks when possible.
Make sure that electronic devices do not interfere with sight or sound.
Attempt to make eye contact with drivers as they approach, or make sure they are visible to drivers.
Cross streets at intersections and crosswalks and walk facing traffic as drivers expect pedestrians to do these things.
If there are no crosswalks, cross streets where there is good visibility so that you can be seen clearly by other drivers.
Stay away from places where pedestrians are prohibited, like freeways and restricted-access highways.
Wear bright or reflective clothing at night.
Avoid walking while intoxicated at any time.

Drivers should always:

Keep an eye out for pedestrians, even in unexpected places.
Be extra cautious when visibility is limited by inclement weather.
Be prepared to stop at crosswalks and intersections.
Stop for pedestrians in crosswalks.
Refrain from driving under the influence of drugs or alcohol.
Follow the designated speed limit, especially in areas with pedestrians.
Observe reduced speed limits near schools, playgrounds and all other areas where children are known to gather.

October 2, 2014

10 Injured after Semi Smashes into School Bus

by Whittel & Melton, LLC

A Bradford County school bus carrying 15 elementary school students was rear-ended by a big rig Monday afternoon near the intersection of U.S. 301 and State Road 201A in Lawtey.

According to the Florida Highway Patrol, there were 10 people transported to area hospitals – the 35-year-old driver of the log-hauling big rig and his female passenger were taken to Shands in Gainesville with critical injuries, and seven children and the bus driver were taken to area hospitals with non-life-threatening injuries.

Authorities believe the most serious injury among the children was a leg injury.

According to the sheriff’s office, the woman in the semi was not wearing any clothes. Troopers gave her a towel to cover up in front of the children.

Witnesses claim the semi was travelling at 60 mph when it slammed into the bus, which investigators said had its crossing arms out and lights flashing.

The crash happened on U.S. 301 near Northwest 183rd Street at about 2:45 p.m. As the school bus was coming to a stop, it was struck from behind by the semi, which is owned and operated by Mo’s Trucking out of Palatka.

The Sheriff’s Office said the bus driver saw the semi coming in the rear-view mirror and sped up, which possibly minimized the impact. If the bus had been stopped to unload students, the crash could have been tragic.

Witnesses claim the truck driver never hit the brakes, as he plowed into the back of the bus and pushed it more than 50 yards into a ditch.

The FHP said dispatchers received a call about a reckless driver in a tractor-trailer on U.S. 301 before the crash occurred. However, before they could catch up with the vehicle, the state patrol and local Sheriff’s Office received a call about the crash.

FHP said charges are pending. They do not have any indication that alcohol or drugs were a factor, but said speed and/or distracted driving could have played a role.

Records indicate that the driver of the semi has several previous driving citations. He had his license suspended in 2011 when his insurance was canceled, and it was suspended in 2013 for failure to pay a fine.

He was cited with driving with a suspended license in 2007 and in 2011, speeding in 2011, operating motor vehicle in unsafe condition in 2012 and a tag violation in 2013.

Accidents involving school buses can be quite traumatic. While we do not generally hear about these accidents happening frequently, they do occur, and probably more often than you think. There are an estimated 585,000 school buses operating in the United States right now. School bus accidents result in a reported 17,000 visits to emergency rooms every year.

If you have been the victim of a school bus accident that involved a semi truck, there are things you can do to obtain financial compensation for injuries and damages. In many of these accidents, truck drivers are not insured, which can create additional problems for victims, since the person responsible for the accident cannot pay for the damages. When this unfortunate scenario happens to you, you need to contact a Florida Truck Accident Injury Lawyer at Whittel & Melton. We can help you understand all of your legal options and assist you with pursuing a legal claim against the truck driver and/or trucking company in order to recover damages.

September 26, 2014

Surviving a South Florida Canal Crash – Don’t Become a Water Death Statistic

by Whittel & Melton, LLC

South Florida’s waterways make beautiful scenery, but they are dangerous. With so many waterways that do not have barriers to keep cars from sliding or crashing into them, canal crashes can easily become fatal.

These crashes are more common than you may think. On Sept. 18, a 78-year-old man was rescued after his Honda minivan sank in a Florida City development’s pond. The water seeped inside and up to his chest.

According to reports, officers could hear the driver’s screams for help, and had to break the van’s windows in order to rescue him because the doors wouldn’t open. The driver was rescued and later safely reunited with his family.

During 2011, there were an estimated 213 people killed and 460 injured in “immersion crashes,”according to the National Highway Traffic Safety Administration.

In Florida alone, there were 9 water deaths in 2012, 8 of which happened in canals. Another 202 were injured, 144 in canal crashes.

With so many deaths and fatalities, it is important to address the safety precautions that Florida drivers can take to save their lives and the lives of their passengers. For around $8, you can purchase the tools needed – a window punch and a seatbelt cutter – to help in the event of a canal crash.

The punch typically looks like a metal pen with a long point that is spring loaded. When aimed at the corner of a window that refuses to budge, it will crack it, which can let everyone in the car get out safely. People of all ages can use this tool in emergency situations.

When a car enters a waterway, it can float for just a few seconds or to up to three minutes, before it sinks. If the water is more than 14 feet deep, the car can even land on its roof.

The following tips are important for drivers to consider when it comes to surviving a water crash:

Remove the seatbelt as quickly as possible.
Open or break windows immediately – this is where a window punch can come in handy. Keep in mind that power windows may not work in water.
Always get children out of the vehicle first, and carry the smallest ones against the incoming water.
Swim away from the vehicle as soon as you are freed.

September 17, 2014

Orlando Semi Driver Crushed by Steel Beams in Freak Crash with Fire Truck

by Whittel & Melton, LLC

A semi driver killed Wednesday after he was crushed when his load shifted while yielding to a fire truck near St. Cloud was identified by the Osceola County Sheriff’s Office this week.

The 32-year-old Orlando driver stopped his semi abruptly to yield to an Osceola County fire truck turning onto Narcoossee Road with its lights on and sirens blaring, according to Florida Highway Patrol.

Witnesses told troopers the firetruck stopped at a stop sign on Yukon Street just before it turned onto Narcoossee Road.

The FHP claims that when the semi driver hit the brakes, the steel beams he was carrying moved and crushed him.

Florida residents who have lost loved ones know the grief that follows immediately after. When death is sudden and unexpected, the pain can be almost unbearable, especially when the death was avoidable, as is usually the case with fatal motor vehicle accidents. Fatal accidents should be investigated to determine the exact cause, so that any party that is found negligent can be held responsible for their actions by either a criminal or civil lawsuit.

Any type of accident that ends in fatality can be extremely difficult to handle. At Whittel & Melton, our Wrongful Death Lawyers understand how much you are hurting right now and are here to help. While we know that adequate compensation through a wrongful death lawsuit will not bring your loved one back, it can help you move forward and give you the financial security needed to maintain your lifestyle and provide for you and your loved ones in the future.