Hawaii Personal Injury Blog - Automobile Accidents

Chrysler Bankruptcy Update: Car Giant To Accept More Product Liability Claims.

Wayne Parsons — Fri, 28 Aug 2009 18:47:49 GMT

The AP (8/27) reported, "Chrysler Group LLC said Thursday it will accept product liability claims in a broader number of cases than originally planned in its reorganization under bankruptcy protection. The automaker said it will now consider product-related lawsuits from consumers involved in accidents that occurred after Chrysler emerged from bankruptcy protection in June that involve vehicles manufactured by the old company." Joanne Doroshow, "executive director of the Center for Justice and Democracy, said Chrysler had 'responded to pressure from injured victims and consumer groups and we commend them for taking this important step to protect public safety.'"

The Detroit News (8/27, Shepardson) reported that Chrysler senior vice president for external affairs and public policy John Bozzella said, "While Chrysler Group still faces challenges, we are confident today that the future viability of the company will not be threatened if we assume these obligations." Chrysler "noted its approach is now consistent with that taken by General Motors Co. as part of its bankruptcy process, Chrysler said. But Chrysler will not accept liability for lawsuits filed for incidents filed before June 10."

Bloomberg News (8/27, Rosenblatt) reported that as part of the original bankruptcy agreement, Chrysler had "agreed to assume liability only for cars sold by the newly formed company."

The Wall Street Journal (8/27, Linebaugh) and Reuters (8/27, Bailey) also covered the story.

Originally posted at InjuryBoard by Wayne Parsons

Treasury negotiating on GM's product liability.

Wayne Parsons — Fri, 26 Jun 2009 14:26:01 GMT

The Wall Street Journal (6/26, B1, Spector, McCracken) reports on the front page of its Marketplace section, "The U.S. Treasury Department is negotiating with more than a dozen state attorneys general to roll back two key features of General Motors Corp.'s bankruptcy plan that would have wiped out billions of dollars in potential claims from car-accident victims and closed auto dealers." Under the current reorganization plan, "hundreds of car-accident victims have lawsuits against GM in various stages of the legal process that would be effectively washed away." In opposing GM's product-liability plan, "state attorneys general are raising a number of complex legal issues, ranging from the power of federal bankruptcy courts to supercede state law to constitutional due-process rights of Americans to sue GM if they're injured by the auto maker's vehicles in the months and years ahead."

In an informative analysis of the impact of this bailout on people injured in defective automobiles Cecelia Prewett of the American Association of Justice (AAJ) sheds light on this judicial and Congressional problem:

Protecting Consumers in Wake of Chrysler / GM Bankruptcy

GM wins financing, "tort czar" denied. The Detroit Free Press (6/25, Hyde) reported, "General Motors won approval Thursday to use up to $33.3 billion to pay for its bankruptcy, after making a few changes to settle technical objections." US Bankruptcy Court Judge Robert Gerber also "denied a request from an unofficial committee of people with asbestos-related claims against GM to appoint a 'tort czar' that would oversee all future claims against the old GM, not just those related to asbestos."

The Detroit News (6/26, Gardiner) reports that consumer victims and asbestos claimants "withdrew petitions for their own independent bargaining committees on Thursday."

Comcast pulls liability ads. The Washington Post (6/26, Marr, Tse) reports, "Comcast pulled a cable television advertisement criticizing General Motors' bankruptcy plan earlier this week after the automaker challenged the spot's claims. The ad was paid for by a group of people injured in GM and Chrysler vehicles, who say the taxpayer-funded restructurings should not allow the automakers to escape liability claims for injuries or deaths that occurred before the bankruptcy filings."

Originally posted at InjuryBoard by Wayne Parsons

Lahood Pushes Carmakers To Crash-test Child Safety Seats.

Wayne Parsons — Mon, 27 Apr 2009 14:15:30 GMT

The Chicago Tribune (4/25, Callahan) reported, "U.S. Transportation Secretary Ray LaHood on Friday said he planned to urge carmakers to crash-test child safety seats in their vehicles and recommend which child restraints are the safest in each auto, responding to a Chicago Tribune investigation." The proposed "new system would be a victory for parents who struggle to find the best car seats for their children." Lahood said, "What I'd like to talk to the car manufacturers about is the idea that they get some seats, they put them in their car, they crash test them so they can tell people 'This is the best seat for this model car.'"

Originally posted at InjuryBoard by Wayne Parsons

Kapolei Man Dead In Yet Another Oahu Motorcycle Crash At Intersection - What is Going On With Motorcycles in Hawaii?

Wayne Parsons — Fri, 17 Apr 2009 02:14:46 GMT

According to the Honolulu Star Bulletin the city medical examiner has identified Roy Bengochea, 32, of Kapolei as the man whose motorcycle crashed into an SUV in Campbell Industrial Park. Mr. Bengochea died Tuesday afternoon from his injuries. Suffering a right leg fracture at the scene, he died of cardiac arrest in the ambulance on the way to the hospital.

According to police Bengochea, not wearing a helmet, was heading north on Kalaeloa Boulevard when he was hit by a south-bound Chevy Suburban turning left onto Kauhi Street about 1:30 p.m.

Bengochea was originally listed in serious condition with a right leg fracture, but suffered cardiac arrest en route to a hospital, police said. He was pronounced dead at 2:58 p.m.

Neither speed nor alcohol were involved, police said. Bengochea's death was the 22nd traffic fatality on O'ahu this year, compared to 12 at this time last year, police said.

Police say the collision happened when a vehicle made a left turn in front of the motorcycle. It seems unusual for a 32 year old man to suffer cardiac arrest after fracturing his leg. I wonder what happened?

Originally posted at InjuryBoard by Wayne Parsons

One Dead And One Seriously Injured When Motorcycle Hits Guardrail On Oahu

Wayne Parsons — Mon, 13 Apr 2009 14:28:09 GMT

A 27 year old woman driving a motorcycle on Kaukonahua Road on the North Shore was killed when her motorcycle went out of control and hit a guardrail. Her passenger, a 23 year old woman was taken to the hospital in critical condition and is improving. Police say speed was a factor in the crash at an area where the posted speed limit is 25 mph. Both riders were ejected from the motorcycle at the time of the crash and both were wearing helmets.

The crash occured at the "s-curve" and the motorcycle was headed towards Waialua.

According to a TV news report by KITV:

The thing about speed limits is not something you can ignore. It's what engineers have figured out based on the curvature of the road, the incline the surface. It's what your vehicle can handle if you go too far past that you breaking the laws of physics," said Lt. Darren Izumo, with the Honolulu Police Department.

According to a TV news report by Olena Rubin at KHON TV News, the death of this young motorcyclist is the nineteenth death on Oahu roads so far this year.

Again it looks like speed is a contributing cause. As we all have noticed on Oahu, the police are being pro-active in stopping and ticketing speeders lately. Good for them. If you speed, slow down. People are dying out there. Don't be the cause and don't be the victim.

“The operator of the motorcycle was killed at the scene and the passenger was taken to Queens in critical condition and then later upgraded to good condition,” Honolulu Police Department Lt. Darren Izumo said.

“At this time we believe speed was a factor and we will determine later if drugs or alcohol was involved,” Lt. Izumo said.

Kaukonahua Road is notorious for injury and death as one of the deadliest roads on Oahu because of crashes like this. “Its only dangerous is you are exceeding the posted speed limit, which I believe is 25 miles per hour, that's because it does curve,” Lt. Izumo said.

The KHON report recalled prior incidents:

Just over a year ago a 27 year-old Scholfield soldier died after he lost control of his motorcycle and crashed head on with an SUV.

Four months earlier another motorcyclist died at that same spot after he spun out of control, he was speeding at the time.

The police explain in the KHON report that the speed limit isn't arbitrary. It is calculated by engineers who look at road surface, radius of turns, slopes and banks. Speed limits cannot be safely ignored:

“The thing about speed limits is its not, its not something you can ignore, its what the engineers have figured out based on the curvature of the road, the incline, the surface is what your vehicle can handle,” Lt. Izumo said.

“If you go too far past that you're breaking the laws of physics basically and unlike regular speeding where you break the law and you get cited if you break the laws of physics things like this happen,” Lt. Izumo

I have written about motorcycle crashes too much this year.

Motorcycle Deaths Skyrocket On Oahu

Elderly Man Killed On Kaukonahua Road

The grieving families of these sad incidents is incalculable. These young women were having a wonderful Sunday ride with friends. Now their lives are shattered and their families grieve. The police and the highway people have grappled with this stretch of road for years, They have installed rmble strips, They post signs andinstall guardrails but still the tragedies continue. As the police officer said about this incident, at the end of the day the fault lies with the driver in most cases. As a sad post mortem, most motorcycle owners carry minimum policies of insurance on their bikes and serious injuries and deaths that occur often put the victims on public assistence to pay for medical bills and loss of income is lost forever.

Originally posted at InjuryBoard by Wayne Parsons

Motorcycle Deaths Skyrocket On Oahu

Wayne Parsons — Sun, 12 Apr 2009 17:59:42 GMT

The sad facts about motorcycle crashes in Hawaii:

7 motorcycle deaths on Oahu in 2008
2 motorcycle deaths on Oahu on a single day - January 1, 2009
6 motorcycle deaths on Oahu in the first 3 months of 2009
2 motorcycle deaths on Neighbor Islands in March 2009

Speed probably has something to do with this. And people often complain about motorcycles and mopeds swerving in and out if traffic. Not wearing motorcycle helmets is often said to be a factor in the seriousness of the injury. Motorcycle Safety has gotten a lot of attention as I wrote in an article on January 3, 2009: Motorcycle Safety Education Gets Attention After Fatal Crashes.

What do you think. All I know is that it is sad to see these tragic events occur in larger numbers. Each fatality is devastating to a family.

As Michael Tsai of the Honolulu Advertiser reports:

Just last month, HPD called on local drivers and motorcyclists to slow down and be aware of their surroundings in response to a surge in motorcycle-related accidents.

Two days later, Wesley Garcia of Wai'anae was killed when he lost control of his motorcycle and fell in the path of a school bus.

Last week, Simon Cesar, 19, of Hilo, was killed when the 2006 Suzuki motorcycle he was borrowing crossed the center line of Kipimana Street and struck a utility pole.

On Friday, 24-year-old Joshua Thurman of Lahaina died when he lost control of his motorcycle and crashed into a guardrail on Honoapi'ilani Highway on Maui.

One thing for sure, drivers need to share the road with motorcyclists, keep a lookout for a moped or motorcycle and all drivers on the highways must be cautious. Chris Laye is president of the local Harley Owners Group. Michael Tsai spoke with him about the problem:

"Motorcyclists need to slow down, take their time and not be in a rush to get where they're going," said Chris Laye, president of the local Harley Owners Group. "Drivers need to be aware of their surroundings, always their 6 o'clock (checking behind when changing lanes) and look who's around."

Laye, 38, said unstable gas prices and the rising popularity of motorcycles in general have contributed to greater numbers of riders on the highways, which in turn necessitates greater vigilance and responsibility by all.

"I would not necessarily say it's been a bad year; there has just been some misfortune," he said. "As long as people do the basic things like be aware and wear the proper protective equipment, (Honolulu) is as dangerous or as safe as anywhere else."

The statistics are a wake-up call to all motorists, moped riders and motorcycle riders.

Originally posted at InjuryBoard by Wayne Parsons

States Can Reduce Deaths in Car Crashes by Vision Screening Older Drivers

Wayne Parsons — Mon, 17 Nov 2008 12:44:13 GMT

Science Daily reports that a Florida law mandating vision screening of all drivers over 80 is reducing death rates for car crashes in that age group. A correlation between vision and car crashes has not previously been established but it has been widely suspected.

Using National Highway Traffic Safety Administration (NHTSA) and U.S. Census Bureau data, Gerald McGwin Jr., M.S., Ph.D. from the University of Alabama at Birmingham analyzed rates of car crash deaths in Florida between 2001 and 2006 and then compared that data in Alabama and Georgia that did not screen older driver's vision.

Older drivers represent the fastest-growing segment of the driving population," the authors write as background information in the article. As this segment of the population expands, so too have public safety concerns, given older drivers' increased rate of motor vehicle collision involvement per mile driven. Research has suggested that this increase may be partly attributed to medical, functional and cognitive impairments.

The results are impressive. Overall death rates from automobile accidents remained flat in Florida between 2001 and 2006, but decreased in drivers 80 and older. Comparing 2001 to 2003, before the law, to 2004 to 2006, after the law was enacted, the death rate among all drivers increased by 6 percent compared to a decrease by older drivers of 17%. Death rates among older drivers did not change in Alabama or Georgia during the same time period.

Other states including Hawaii with its aging population should consider enacting laws mandating vision screening for older adults.

Originally posted at InjuryBoard by Wayne Parsons

Ten Worst Insurance Companies

Wayne Parsons — Sun, 19 Oct 2008 15:32:51 GMT

Former Allstate adjuster Jo Ann Katzman put it in stark perspective: “We were told to lie by our supervisors—it’s tough to look at people and know you’re lying.”

The American Association of Justice has recently published an article ranking the 10 worst insurance companies in America:

A full read of the article is a "must" for any person dealing with an insurance company.

1. Allstate

2. Unum

3. AIG

4. State Farm

5. Conseco

6. WellPoint

7. Farmers

8. UnitedHealth

9. Torchmark

10. Liberty Mutual

Originally posted at InjuryBoard by Wayne Parsons