Road Safety

September 5, 2014

Child Passenger Safety Week: September 14-20

by Whittel & Melton, LLC

The leading cause of death in children between the ages of one and 13 is auto accidents. In an effort to raise awareness about these tragedies and further educate people about keeping children safe in motor vehicles, the National Highways Traffic Safety Administration has announced that Child Passenger Safety Week will take place from September 14 until September 20 and National Seat Check Saturday will be on September 20, 2014 to make sure children are in the correct restraints while riding in a motor vehicle.

There are a many options when it comes to restraining a child in an car – rear-facing car seats, forward-facing car seats, boosters and a traditional seat belt. Age can play a big factor in this decision, but size is the priority. There can be numerous risks for children that are placed in too small of safety seats as well as too large of seats. During Child Passenger Safety Week, communities across Florida will have certified technicians available to educate parents and children about car seat safety.

Installing Seats Correctly

First and foremost, before installing a car seat, make sure to always read the instructions. Every seat has slightly different installation directions, however there are some universal key points to keep in mind.

Seat location: Regardless of what kind of restraint you are using, it should always be placed in the back seat of your vehicle. Children should not be allowed to ride in the front seat until they are at least 13 years old.

Securing the seat: When a restraint system is properly installed there should be no side-to-side or front-to-back movement of more than an inch.

Proper Fitting of the Seat: Once the seat is securely installed, it is necessary to make sure you child is fitted into the seat properly. Harness straps should lay flat and never be twisted. In a rear-facing car seat, the straps should loop through the back slot at or below the child’s shoulders. In front-facing seats, the straps should be looped through the slot at or above the shoulders. The harness should be secure enough that excess material cannot be pinched at the shoulder. The chest clip should be at armpit level.

August 29, 2014

Labor Day Weekend Tip: Drive Sober or Get Pulled Over

by Whittel & Melton, LLC

The U.S. Department of Transportation’s National Highway Traffic Safety Administration recently issued a press release notifying motorists to drive sober for the upcoming Labor Day weekend and all year long. The 2014 campaign is focused on the societal and economic impact of drunk driving as well as the personal costs and human toll of impaired driving.

Across the United States, drunk driving collisions kill more than 10,000 people each year. Over the course of holiday weekends alcohol-related crashes are known to increase. During Labor Day weekend in 2012, 147 people were killed in auto accidents involving drunk drivers. For every DUI crash, one in three results in a fatality. What this means is that one third of all collisions are entirely preventable.

The economic impacts of driving under the influence cost Americans billions of dollars every single year. Car and motorcycle accidents involving alcohol impaired drivers cost 47 billion in direct economic impacts in 2010. Across the U.S., that averages to about $152 a person. When the overall harm to society due to loss of life and diminished quality of life are tacked on, the numbers skyrocket to $195 billion.

The average cost of a minor injury associated with a DUI-related motor vehicle crash is $22,000, but can total more than $25,000 when losses related to quality of life are added in. Direct economic impacts and additional quality-of-life costs can drastically increase based on the severity of the injury.

Now that we have addressed some of the shocking figures associated with DUIs, our Florida Personal Injury Lawyers at Whittel & Melton want to make sure you enjoy Labor Day weekend and map out a plan before the party starts. Planning ahead is absolutely necessary to ensure that you have a safe ride home, should you consume any amount of alcohol. Planning ahead can be as simple as programming a taxi cab’s phone number into your phone or downloading a rideshare app onto your smartphone. No matter where you end up or what you are doing, never get behind the wheel of a car while intoxicated. Ask a friend or bartender to help you find a safe ride home.

August 22, 2014

Federal Prosecutors Examine if GM Lawyers Hid Evidence of Defective Ignition-Switch

by Whittel & Melton, LLC

Federal prosecutors are scrutinizing whether employees inside and outside General Motors Co.’s legal department concealed evidence from regulators about a faulty ignition switch. It is alleged that the hiding of such evidence potentially delayed a recall of vehicles with the fatal problem.

The examining of GM’s legal department comes just after the release of an internal GM report in June that faulted the company’s lawyers for failing to alert other managers to lawsuits against GM that could have helped resolve a pattern of accidents in which air bags failed to deploy. The legal department is only one area prosecutors are scrutinizing for possible criminal liability, reports indicate.

A spokesman for the largest U.S. auto maker said the company is cooperating with the investigation.

At this time, current and former employees are being reviewed as part of a larger criminal investigation into possibly misleading statements the company made to regulators about a faulty ignition switch used in 2.6 million Cobalt and other small cars. The investigation conducted by the Federal Bureau of Investigation and the U.S. attorney’s office in Manhattan covers matters dating back a decade.

Prosecutors are under pressure from lawmakers to hold executives at GM responsible for the long-lasting product defect that has been linked to 54 accidents and at least 13 deaths.

The investigation, while at an early stage, could possibly end without any charges being brought. While it will be interesting to see how this case plays out, it is important to note that criminal cases against in-house lawyers are quite rare and can be rather difficult to prove. In many instances, these cases are further complicated by issues of attorney-client privilege.

August 5, 2014

GM Slapped with Another Lawsuit

by Whittel & Melton, LLC

General Motors was hit last week with another lawsuit brought on by more than 650 people who were allegedly injured or killed in accidents involving cars that have been recalled this year for faulty ignition switches.

The lawsuit was filed in Manhattan federal court by a Texas-based attorney. Dozens of cases against GM over the switch recall have been consolidated in Manhattan federal courts.

The suit names a total of 658 plaintiffs, including 29 who are bringing claims on behalf of people who died.

July 29, 2014

Mistrial Declared in Trinity Highway Guardrail Case

by Whittel & Melton, LLC

A federal judge in Texas has declared a mistrial in the possible billion-dollar whistleblower lawsuit involving the popular Trinity guardrails that line our nation’s highways.

According to a U.S. district judge, there were “serious concerns” regarding witness testimony associated with the defendant, highway manufacturing giant Trinity Industries.

The whistleblower and former industry business owner, Josh Harman, filed a federal lawsuit on behalf of the American public in Texas where the company’s headquarters are located. According to Harman, the current Trinity guardrails, the ET-Plus model, are dangerous and deadly. He claims the guardrails were never properly tested or properly approved by the government.

However, Trinity has issued statements saying company stands behind its product and has called Harman’s allegations “false and misleading.”

According to a court transcript from Friday, July 18, the judge declared that “this case has been replete with errors, gamesmanship, inappropriate conduct, and matters that should not be a part of any trial where a fair and impartial verdict is expected.”

The judge also discussed the possibility of the president of Trinity Highway Products attempting to intimidate a witness and possibly committing perjury.

Trinity claims that the allegations against its president are untrue and that the company “looks forward to re-presenting the facts in this matter.”

The federal judge also said the plaintiffs is this matter took steps to prevent the witness from being deposed by the defense and “effectively hounded him.”

“I believe the plaintiffs took steps to hide this witness and unfairly spring this witness on the defendants,” the judge said.

The mistrial was declared less than a week into the Marshall, Texas trial, which is about 150 miles east of Dallas.

The guardrails in this case were installed throughout the country in all 50 states. According to Harman, there have been hundreds of accidents that caused serious harm. In this specific type of guardrail, the terminal head is supposed to take the impact and slow down the vehicle. The railing should channel through the head and pigtail out the side and away from the car. But, there have been many accidents where the railing gets jammed up and then pierces the vehicle like a spear. They cut through the cars and any people inside the vehicle as well.

One of the most recent accidents occurred in January 2014 in North Carolina where an Isuzu Trooper hit a guardrail head-on, leaving the driver’s legs severed.

According to Harman, a guardrail should not cut a person in half.

A new trial is anticipated to happen later this year in the fall. The case would be tried in front of a new jury.

As drivers, we rarely think about roadways themselves being risky. Instead we tend to focus on more talked about roadway hazards, such as cell phone use, speeding or driving under the influence of alcohol or drugs. However, as this case shows, there can be more than meets the eye when it comes to dangerous roadways, especially highway guardrails.

It will be interesting to see how this case unfolds, as it could affect victims in Florida who have been seriously injured or even killed in auto accidents due to highway guardrails.

July 28, 2014

Shrapnel Hazard Leads to BMW Recalling Vehicles with Takata Airbags

by Whittel & Melton, LLC

BMW has recalled several of its most popular models due to defective Takata airbags, a problem that is hitting much of the global auto industry.

The German automaker will recall 1.6 million 3-Series cars from model years 2000 to 2006 across the world, including 574,000 in the U.S.

The company said the recall is just a precaution because other automakers using similar systems have had issues.

The problem with the Takata airbags is that airbag inflators in these systems can rupture. When this happens, not only can the airbags not work properly, but they could blast shrapnel into passengers.

Honda, who has had similar issues with these airbags, reported two deaths in 2009 linked to the problem. They have recalled vehicles with Takata bags six times since then.

The airbag issue is responsible for millions of recalled vehicles over the past few years, including those made by Chrysler, Ford, Honda, Mazda, Nissan and Toyota. The recalls have mostly been of vehicles in states with hot and humid weather, which includes Florida.

BMW said no problems have been reported in their vehicles. However, dealers will replace the passenger-side front air bags.

The new recall excludes 42,000 BMWs recalled in May 2013 for the exact same problem. The company says it is recalling all vehicles equipped with potentially defective airbag systems regardless of where they were sold.

The U.S. National Highway Traffic Safety Administration began investigating air bags made by Takata in June. The agency said they received six reports of air bags rupturing in Florida and Puerto Rico, resulting in three people suffering injuries.

The NHTSA estimated 1.1 million vehicles in the U.S. could be affected, but they believe that number is likely to climb.

The government wanted automakers to act swiftly to warn those in warm states while it continues to investigate the issue.

If an airbag defect in your car has resulted in an unfortunate accident, you may be struggling to recover from any injuries and unsure of what you can do to remedy your situation. While the law can be complex, you do have legal recourse against the vehicle’s manufacturer. Manufacturers have a duty to pay attention to the quality of the products they put out and issue recalls in a timely manner should a problem arise. When automakers and manufacturers fail to do this, innocent consumers can be seriously injured or killed.

Thousands of people suffer serious injuries from defective products every year. Most of these injuries could have been avoided if the makers and manufacturers of these products took extra care to ensure the safety of consumers. Every year, thousands of consumers sustain serious injuries from defective products. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety.

July 25, 2014

Are Your Airbags Safe? Mitsubishi Recalls Lancer Sedans with Takata Airbags

by Whittel & Melton, LLC

Mitsubishi Motors Corp is recalling cars made with Takata Corp air bags in Florida, Hawaii, Puerto Rico and the U.S. Virgin Islands.

Mitsubishi has joined nine other automakers in conducting a recall in those states.

Mitsubishi has said it will conduct a limited recall of model year 2004 and 2005 Lancer sedans with Takata passenger-side air bags that have inflators that may cause them to open with too much force, according to the U.S. National Highway Traffic Safety Administration.

According to the NHTSA website,”In the event of a crash necessitating deployment of the passenger-side frontal air bag, the inflator could rupture with metal fragments striking and potentially seriously injuring the vehicle occupants.”

Nearly 12 million vehicles with Takata air bags or inflators have been recalled within the past five years.

The Japanese auto parts supplier announced on Friday that they have experienced a “special loss” of about 45 billion yen, which equates to $440 million, because of the problem.

Like most of the automakers participating in the recall, Mitsubishi has limited the recall to a portion of the United States and U.S. territories.

Mitsubishi released the following statement: “Due to NHTSA’s belief that humidity is a contributing factor to the inflator condition at issue, the (recall) will be limited to affected vehicles that are registered in, or were originally sold in Florida, Hawaii, Puerto Rico, and the U.S. Virgin Islands.”

Some of the other automakers have expanded the recall to include other warm-weather states or the entire country.

Mitsubishi says they do not know of any crashes, injuries or deaths related to Lancer sedans with Takata air bags. The company claims it has not found any safety defect on its own and is recalling the cars because it is working “in good faith” with NHTSA.

BMW announced earlier this week that it would recall 1.6 million 3 Series cars with Takata front passenger-side air bags.

According to a Mitsubishi spokesman, the company is “still investigating” how many Lancer sedans will be involved in the recall.

June 24, 2014

June is National Safety Month – Week 4: Putting an End to Distracted Driving

by Whittel & Melton, LLC

There are way too many drivers in Florida and across the United States that are taking their eyes off the road while behind the wheel and placing lives at risk. That is why officials with the National Safety Council have dedicated week four of National Safety Month to putting an end to distracted driving.

Our Florida Auto Accident Attorneys at Whittel & Melton know that thousands are killed each and every year as a result of drivers using cell phones while driving and engaging in other distractions. According to Distraction.gov, 3,328 people were killed in distraction-affected crashes in 2012. In that same year, another 421,000 people were injured in motor vehicle crashes involving a distracted driver.

While it may seem shocking, officials estimate that around 20 percent of all injury accidents involve a distracted driver. And these are just the accidents that are reported. Officials believe that the real number is much higher due to the fact that most drivers do not openly admit that they were irresponsible and that their distracted driving caused an accident.

To help put an end to this deadly driving behavior, officials with the NSC are asking drivers to:

Place cell phones and hand held devices out of sight while operating a motor vehicle. Place your phone in the back seat, in a purse or briefcase or in the glove compartment. When your phone is out of sight, it’s also out of mind.
Familiarize yourself with the dangers of distracted driving. The more you are aware of and understand, the less likely you are to engage in these risky behaviors.
Spread the word! Talk with your friends, family members and neighbors in your community about how dangerous distracted driving is. Changing driver behaviors is a group effort.
If you are on the phone with someone while they are driving, tell them that you will speak with them once they have stopped at a safe location.
Pledge to drive cell phone free. Encourage your friends and family members to do the same. Taking just this small step is all part of creating a larger change.

The truth is that drivers who use cell phones and hand held devices are about four times more likely to get into a serious crash resulting in injuries than drivers who put their cell phones away. Likewise, texting drivers are about 23 times more likely to get into an accident.

June 4, 2014

Florida Auto Accident Injury Attorney :: New NHSTA Study Shows the Staggering Toll of Car Crashes on U.S. Residents

by Whittel & Melton, LLC

Whenever a motor vehicle accident occurs in Florida, or anywhere else throughout the country, it creates a series of events that cost money. While these costs are not always apparent to other people, make no mistake, car accidents can be quite expensive.

When viewed as a whole, the numbers are downright shocking. A recent study conducted by the National Highway Traffic Safety Administration demonstrates that motor vehicle accidents cost more than $870 billion in economic loss per year. This study examined data from 2010. That $870 billion can be broken down even further to a personal basis, averaging an estimated cost of $900 per person in the U.S., which does not just apply to accident victims, but all people residing in this country.

NHTSA’s study, “The Economic and Society Impact of Motor Vehicle Crashes, 2010,” focuses on some of the behavioral factors that influenced that year’s nearly 33,000 highway fatalities, 3.9 million injuries and 24 million damaged vehicles. According to the study, three driver behaviors including speeding, drunk driving and distracted driving, accounted for 56 percent of the economic loss to the nation and 62 percent of the societal harm. Societal harm is described as harm due to loss of life and decreased quality of life.

What is not so shocking is that drunk driving accidents were found to be among the most expensive kinds of accidents. These accounted for 18 percent of the total economic loss and 23 percent of the overall societal harm.

Speeding accounted for 21 percent of the overall economic loss costing the nation $59 billion and 24 percent, or $210 billion, of the societal harm.

Distracted driving crashes were responsible for 17 percent of the total economic loss and cost $46 billion. These crashes accounted for $129 billion, or 15 percent, of the overall societal harm.

On a positive note, researchers for this study concluded that using seatbelts led to a savings of almost $70 billion in medical care, lost productivity and other costs that were not incurred. For now, around 5 percent of the total economic loss involved people in auto accidents where they were not buckled up or did not properly fasten their seatbelt.

May 28, 2014

Florida Injury Attorney :: Florida Takes Top Four Spots in New Ranking of America’s Deadliest Cities for Pedestrians

by Whittel & Melton, LLC

While all pedestrians should pay extra close attention when crossing the street, it seems that Floridians need to be especially mindful.
In a new report from the National Complete Streets Coalition, Dangerous By Design 2014, a Pedestrian Danger Index was used to rank the deadliest places to walk in America. Florida is home to the top four cities, with six other southern cities finishing out the top 10:

Orlando, FL
Tampa, FL
Jacksonville, FL
Miami, FL
Memphis, TN
Birmingham, AL
Houston, TX
Atlanta, GA
Phoenix, AZ
Charlotte, NC

You can view the full list here.

The Pedestrian Danger Index was calculated by looking at the last five years of available data on pedestrian fatalities and factoring in the number of local commuters who walk to work every day.

The report shows that 47,025 people nationwide were hit by cars and died while walking between 2003 and 2012. This number is 16 times greater than the number of Americans who died in natural disasters over the same time frame. Additionally, another 676,000 pedestrians were injured while travelling on foot, which likens to someone being hit by a car every eight minutes.

The elderly are found to be much more at risk than any other age group, according to the report. While they only represent 12.6 percent of the total U.S. population, adults ages 65 and older account for 21 percent of pedestrian fatalities.

This report shows just how dangerous busy roads and intersections can be for those walking to their destinations. The following tips are a great reminder on how to stay safe as a pedestrian:

Stay Alert. Distracted walking can be just as dangerous as distracted driving. Always look where you are going and be aware of your surroundings. In 2010, more than 1,500 people were treated in U.S. emergency rooms for pedestrian-related injuries resulting from distractions, especially cell phones. Keep your eyes off your cell phone when crossing the street!

Never Jaywalk. Did you know that pedestrians can be held liable for auto accidents, too? When you cross the street against a light and run into traffic, you increase your risk of being struck and potentially killed by a motorist.

Use the Sidewalk. While sidewalks may not be located in certain areas in the city, if they are available for use, please use them and do not walk in the street. If a biker is taking up the sidewalk, gently remind them that they are meant for pedestrians.