Arkansas Personal Injury Blog - Automobile Accidents - Most Commented

Toyota Sudden Acceleration Danger

Frank Bailey — Mon, 26 Oct 2009 10:30:53 GMT

Sudden acceleration of Toyota vehicles presents a present danger to the American public. In a recent series of sudden acceleration cases it has become apparent that floor mats have caused a number of unintended accelerations accidents.

Toyota has recalled the floor mats. In announcing the recall Toyota stated, “Recent events have prompted Toyota to take a closer look at the potential for an accelerator pedal to get stuck in the full open position…A stuck open accelerator pedal may result in very high vehicle speeds and make it difficult to stop the vehicle, which could cause a crash, serious injury or death.”

But, there may be an even more insidious danger…the electronic throttle control in the Camry, Camry Solara, Lexus ES 300 and ES 330s, Sienna, Tacoma and RAV4 vehicles beginning in the 2002 model year. When Toyota installed a new electronic throttle control for these vehicles, the number of unintended accelerations reported has increased.

NHTSA has received over 100 reports of incidents where the accelerator in Toyota vehicles has become stuck.

If you have one of these vehicles, it is critical you observe the recall of the floor mats. If you experience a sudden unintended acceleration, what can you do to avoid a crash? I welcome input from those of you who know more about what to do than I do. It seems to me that fast clear thinking without panic while applying the foot brakes, taking the vehicle out of drive and putting it into neutral, and finally turning off the ignition might prevent injury or death in these types of cases…

Originally posted at InjuryBoard by Frank Bailey

Fatal Two-Vehicle Accident on Highway 12 and Regional Boulevard

Sach Oliver — Wed, 18 Mar 2009 12:19:57 GMT

Fatal Two-Vehicle Accident on Highway 12 and Regional Boulevard

I have been meaning to blog about this location for several weeks now. My wife and I live in Cave Springs and we travel highway 12 often. Every time we round the curve right before the turnoff to the airport I always think this is a little bit dangerous. Also, when you’re coming north from the airport, every time I turn onto 12 from Regional Boulevard, I think I hope no one pops around that curve going very fast. It is a tough area for driving. As our area grows, more and more people will be going to the airport and leaving the airport. We should all slow down a little in that area so another wreck doesn’t happen.

The details of this wreck are truly sad. According to the Arkansas Democrat Gazette, Steven M. Homewood, age 52 , of Huboldt, Kansas was killed after his northbound truck ran a stop sign at Arkansas 12 and Regional Blvd. and struck the passenger side of a car driven by George K. Black of Westville, Oklahoma. The vehicles both overturned. Mr. Black and his passenger Karen J. Heath were taken to Northwest Medical Center – Bentonville. Apparently, Ms. Heath was in critical condition.

Originally posted at InjuryBoard by Sach Oliver

Burgers as Bad as Cell Phones When Driving

Ryan Scott — Tue, 31 Mar 2009 10:54:37 GMT

These days, talking on a cell phone and driving gets all the attention in the news. We all hear the reports and the statistics that using a cell phone while driving (especially without a hands-free device) is endangering ourselves and everyone else on the road. State legislatures across our nation are kicking into gear and banning the use of cell phones while driving. However, studies show that eating, not talking, is the most common no-no of the road and that enjoying your lunch while driving may be just as dangerous and talking on your phone.

At least one study indicates that 65 percent of drivers admit to eating while driving, compared to 58 percent that admit to talking on a cell phone. Drivers also thought that eating and talking were both unsafe but, admittedly, that didn’t stop many of them from filling up their personal gas tanks while they headed down the road. Drivers were asked to rate the dangerousness of several common distractions, including texting, applying make-up or shaving, and steering with the knees. Each of these distractions was rated more dangerous by the polltakers than talking on a cell phone or eating. However, the statistics show that the prevalence of eating makes it just as likely to be a causing factor in a wreck.

So, save the burger until the car is stopped. And, if you need one more reason… think of all the crumbs and sticky steering wheels you will avoid!

Originally posted at InjuryBoard by Ryan Scott

What do I do After I Have been Involved in a Car Accident?

Paul Ford — Fri, 20 Mar 2009 15:16:43 GMT

In 2006, government statistics revealed that an automobile accident occurs every 11 minutes. That is a stagering statistic. Because they happen so often, it only makes sense to know what to do if and when you are involved in one. This is particularly true in today's legal environment of advertising, direct mail solicitation, aggressive and hostile insurance tactics, or even worse, runners.

What is a runner? A runner is an individual working with an attorney and/or a doctor (this includes chiropractors) to run down new clients using unethical and, many times, illegal methods. In the information age in which we live, these folks obtain your information from the Accident Report that is prepared by the police agency responding to the accident. They then contact you in a "race" to get the new client.

But not only are certain lawyers and doctors racing to the new "client/patient" for their own financial gain, insurance companies are, likewise, "racing" to the scene in an effort to "assist" you. Do not be fooled. These insurance adjusters are looking out for the best interests of the insurance company, not yours.

So, what should I do? First and foremost, seek medical attention from a trusted source. Your local hospital or a doctor (including chiropractors) you already have a patient/doctor relationship with. The recent death of actress Natasha Richardson is a clear reminder that some injuries are much greater than they may seem at first.

Secondly, JUST SAY NO!! Say "NO" to recorded statements. DO NOT let anyone record your version of the facts before you have spoken to an attorney. And when choosing an attorney, I suggest you choose one based upon a referral or reputation....not advertising or solicitation letters.

And finally, check out this link on the InjuryBoard.com website on what to do after a car accident. You will find some very helpful information in this article.

Originally posted at InjuryBoard by Paul Ford

A Car Wreck with an Uninsured Driver: What do I do?

Paul Ford — Wed, 18 Mar 2009 17:03:03 GMT

More and more drivers do not have insurance. The law refers to these people as uninsured motorists. And being in a car wreck with such a motorist can be extremely damaging to you, beyond the injuries you may have suffered. So, how can you protect yourself?

First, you should have full coverage. Both uninsured and underinsured motorist coverage. Having minimum "liability only" coverage can cost you significantly. For example, you only have liability coverage and you are hit by a driver who ran a red light; then to make matters worse, this negligent driver does not have insurance. Because you had liability coverage only, there will be no insurance proceeds to repair your car, nor coverage for your injuries.

If you had uninsured motorist coverage, there would be coverage for both your car repair and any injuries you and/or your family may have suffered.

So, why have underinsured coverage? The State of Arkansas only requires a minimum of $25,000 in coverage per claim, $50,000 per occurrence. If that same driver that ran the red light only had the minimum coverage and you or a passenger were (unfortunatley) seriously injured, there may not be enough coverage to cover your medical bills, much less any lost wages or pain and suffering. By having underinsured coverage, you have provided extra coverage to protect you from these losses.

While it is my sincere hope that you are never involved in a car wreck, you may very well be in one some day...I sure have. And if that unfortunate event does in fact occur, not having sufficeint insurance coverage will only make it worse. So, protect yourself and your family and discuss these matters with your insurance agent. And I bet you will be surprised how little this very valuable and added coverage will cost.

Finally, when driving, be safe and buckle up!

Originally posted at InjuryBoard by Paul Ford

Car Wrecks, Car Wrecks, and More Car Wrecks

Sach Oliver — Mon, 22 Jun 2009 13:55:51 GMT

Car Wrecks, Car Wrecks, and More Car Wrecks

Every day we read the paper and everyday it seems there are more and more car wrecks. In our fast pace society people are driving faster and faster. In our technologically advancing world, more and more people are texting and talking on their cell phones while driving. In this economy, more and more people are probably worried about money and bills more about driving. Who knows what is on the minds of drivers! What is clear, negligent and reckless driving severely injures and kills folks on our highways every day.

When you read the paper and see these wrecks, the first thought that should run through you mind is not who will be lawyer if I get hit. The first thought should be: Do I have enough auto insurance and do I have the right types of coverage? Auto insurance is essential for the victim and the wrongdoer. Let me repeat that: auto insurance is essential for the victim and the wrongdoer in an auto accident. People’s first thought is the wrongdoer should have insurance. Yes, they should. But the victim also needs insurance.

The victim should have what is called “PIP” coverage or also known as medical payment coverage plan. This type of coverage pays your medical bills in a wreck at a minimum of $5,000 and you can buy up to $100,000 in coverage. PIP is automatic payment. You don’t have to win your lawsuit or settlement for it to kick in a pay. Ask your insurance agent about PIP today and raise your coverage.

The victim should have uninsured and underinsured coverage. Uninsured coverage applies when the person who hit you does not have insurance at all. You will need this uninsured coverage to pay for all of your harms and losses. Underinsured coverage applies when the person who hit does not have enough insurance to cover all of your harms and losses. Ask your insurance agent about under and uninsured coverage and raise your coverage.

The wrongdoer should enough insurance to cover the harm they can cause to some else. For example, the bigger the vehicle the more coverage you should have…or the more you drive, the more likely it is for you cause a wreck…or do you drive at night a bunch. The list goes on and on. Another way to judge how much insurance you should have is by your assets. The more assets you have the more insurance you need to protect your assets.

Hopefully, none of this applies to you because you do not ever get into wrecks. But if you are unfortunate and become involved in a wreck, please feel free to contact us with questions.

Originally posted at InjuryBoard by Sach Oliver

Bicycle Safety Tips and Resources to Avoid Serious Injury

Margaret Embry — Thu, 30 Apr 2009 13:55:30 GMT

According to the National Highway Traffic Safety Administration (NHTSA),

In 2007, 698 pedalcyclists were killed and an additional 44,000 were injured in traffic crashes. Pedalcyclist deaths accounted for 2 percent of all traffic fatalities, and pedalcyclists made up 2 percent of all the people injured in traffic crashes during the year.

Pedalcyclist fatalities occurred more frequently in urban areas (72%), at non-intersection locations (64%), between the hours of 5 and 9 p.m. (26%), and during the months of June (11%) and September (11%).

In order to avoid serious injury or death while riding a bicycle, it is important to take a look at safety guidelines for cycling. The NHTSA provides educational information on how to bike safely, called the 10 Smart Routes to Bicycle Safety. The Pedestrian and Bicycle Information Center (PBIC), a national clearinghouse for information about health and safety, engineering, advocacy, education, enforcement, access, and mobility for pedestrians and bicyclists, is also a great resource for learning more about bicycle safety.

The PBIC also has a Bikeability Checklist on their website which allows a biker to evaluate their neighborhood's bikeability. In addition to the questions, the Checklist provides both immediate answers and long-term solutions to a neighborhood's potential problems.

Originally posted at InjuryBoard by Margaret Embry

Wearing a Bicycle Helmet May Save Your Life if You are in a Bicycle Accident

Paul Ford — Tue, 24 Mar 2009 15:06:19 GMT

I have been an avid cyclist for years and look forward to Daylight Savings time so that the days are longer and I can get in a bike ride after work. Already this year I have seen many others heading out for a ride in the afternoon now that we have had a few warm days as well. Yet sadly, I notice many are not wearing a helmet.

Having had numerous crashes, I know well how important it is to wear a helmet. Over 10 years ago I had a bad wreck that broke my collarbone and wrist. And that was after I broke my fall with my head. But for my helmet, I have no doubt that I would have been killed.

"It is so important that everyone who rides a bicycle wears a helmet," said Sara Snelling, a physical therapist at HealthSouth Deaconess Rehabilitation Hospital. "The risk of brain injury from a bicycle accident could be reduced by almost 90 percent if a helmet is worn."

The next great mistake that is made is by cyclist who think they are too experienced to wear a helmet. I myself made that mistake one day. I missed being hit by a car at highway speeds by less than 100 feet. I have worn one everytime since. And don't think it cannot happen to you. The infamous Lance Armstrong was recently involved in a wreck. No one cam claim more expereience than that!

Armstrong reportedly remains hospitalized in Spain following a crash this morning. The seven-time Tour de France champ was participating in his first professional race on European soil since winning his last yellow jersey when he got caught up in a massive pile-up involving dozens of other riders.

Reports say Armstrong went down about 12.5 miles from the finish line during the first stage of the 5-day race. Sources say the star athlete broke his collarbone. Some reports say the father of three young children (and one more on the way) appeared to be in considerable pain as he was rushed by ambulance to the Rio Carrion hospital in Palencia. Other reports say Armstrong has withdrawn from the race and will be flying back to the United States to seek advanced medical care

So when you head out on your bike for a little exercise, wear that helmet. It may just save your life. And after you follow safety tip #1, make sure you obey all safety and traffic laws.

Originally posted at InjuryBoard by Paul Ford

LIFE AND DEATH CHOICE: WHICH HOSPITAL?

Sach Oliver — Wed, 25 Feb 2009 13:53:08 GMT

LIFE AND DEATH CHOICE: WHICH HOSPITAL?

In reviewing an article published by the Arkansas Democrat Gazette on January 25, 2009, I found the article informative and a must read for residents and visitors of Arkansas.

The article states that in 2006, an estimated 15,000 Arkansans died from injuries and 6,000 suffered permanent disabilities because of the lack of a trauma system. Arkansas as a largely rural state has residents and visitors who regularly drive long distances between cities. That means there is a larger chance of more accidents in remote areas that take longer for emergency personnel to respond and to transport the injured to the proper facility.

Arkansas has the third-highest motor vehicle death rate in the country at 25 deaths per 100,000 people annually, compared to the national average of 15.2 per 100,000. This information was obtained through the U.S. Centers for Disease Control and Prevention.

According to the article, Governor Mike Beebe is pushing for $88 million in tobacco- and cigarette-tax increase to benefit 23 health care programs, including $25 million for the trauma system.

Arkansas is the only state without a trauma center.

Hospitals can be certified as Level I through Level IV trauma centers based on the level of emergency care they can provide. Level I centers provide the highest level of care and must have a variety of specialists and surgeons on hand to care for patients. The risk of death is reduced by 25% if the patient receives care at a Level I trauma center, according to the American College of Surgeons.

In a trauma system, hospitals have to meet set standards for care and staffing, and a communications system would link hospitals and emergency responders statewide. This would ensure that trauma patients are taken from the accident scene directly to the closest facility best able to treat their specific injuries.

Currently, State law requires ambulance drivers to take patients to the closest emergency room which may not have the specialists available to treat a particular patient. Patients are then transferred to another hospital if needed. This is what a trauma system would help prevent, wasted time.

Update: On February 17, 2009, Governor Mike Beebe signed into law a 59-cent cigarette tax increase, and an increase in the sales tax of other tobacco products from 32% to 68%. This money will be used to fund the 23 health care programs and the trauma system mentioned earlier in the article.

This post written by: Leona Crowe, Legal Assistant to Sach Oliver

Originally posted at InjuryBoard by Sach Oliver

Underride: An Unknown Danger

Paul Ford — Fri, 16 Jan 2009 12:16:47 GMT

As we drive the highways of our state and nation, we come into contact over and over again with a great danger....vehicle underride. I am referring to the danger posed by tractor-trailers by the lack of underride protection. Underride is the common name in the legal arena to describe when a passenger vehicle crashes into a tractor-trailer and, due to the height of the "car" and the "trailer" , the passenger vehicle is crushed under the trailer.

The resulting damages are always serious and many times fatal because their is insufficient protection to prevent impact in the passenger compartment. Countless dollars are invested in safety design by automakers to protect us inside the passenger compartment. The progress in safety has been tremendous. However, it is based upon bumper heights of vehicles. Not when vehicles come into contact with tractor trailers whose side rails have no bumper or guard whatsoever.

The danger of underride collisions has been known for years. Yet only recently have the safety regulations applicable to tractor trailers addressed this serious problem. And unfortunately, the regulations only address part of the known problem. Current federal regulations require trailers to be equipped with a REAR underride guard. They act much like a bumper to prevent rear underride collisions.

Yet, despite the advance in regulations and safety design, the problem still exists. Although design technology allows for side underride guards, federal regulations do not require them. These guards are in use in other parts of the world, including Europe and parts of South America. Tragically, trucking companies and the manufacturers of the trailers know of the dangers, and because they are not required to install them by federal regulation, they chose not to implement them.

Further advancements in regulations need to be made part of the public discourse. Safety devices should be implemented when available at a reasonable cost and without compromising the overall effectiveness and safety of the transportation industry. Moreover, additional regulations need to be implemented regarding reflectors and reflective tape to improve overall visibility of these traveling dangers. More on that subject to come!

Originally posted at InjuryBoard by Paul Ford