Injuryboard Commentary - Auto Accidents

Oklahoma Commercial Trucking Accident Kills

Christy Thompson — Fri, 27 Nov 2009 17:42:39 GMT

A collision in Lincoln County, Oklahoma was the cause of Johnny Leemaster's death. It happens far too frequently and more so now than just about ever in US roadway history. Leemaster was operating a vehicle headed north down U.S. 177 while Justin Colley headed south down 177.

The fatal accident occurred when Colley attempted to pass a slow-moving commercial trucker ahead of him. In so doing, he collided with Leemaster. Both driver's attempted to swerve out of the other's way, but in the end, Leemaster ended paying with his life because a commercial trucker was unwilling to pull over to let faster moving vehicles pass.

An important detail of this story that should be strongly considered: state troopers noted there was a rolling fog during the time of the collision. As a commercial trucker with a specialized license, the operator of the rig assuredly knew better -- anyone who operates with a Class C license or higher is educated well enough about fog to know that even the most well lit vehicles are scarcely visible in a rolling fog.

Colley, who collided with Leemaster but lived, was every bit within his rights as a motorist to pass the commercial trucker. As motorists, we all have the legal right to pass a vehicle moving at a speed below the speed limit or far slower than the flow of traffic on an interstate roadway.

As a complete aside, whether Colley and other drivers had been behind the trucker or not, given the size of his load and rig, and the abhorrent weather conditions, this trucker was grossly irresponsible not to have pulled aside and to have waited for conditions to improve.

So the question is, why are there not more and better regulations in the commercial trucking industry? Because the road is a trucker's office; when he isn't moving, he isn't getting paid. Fatalities such as that of Leemaster, who probably just wanted to get home, and victims like Colley, the motorist who killed Leemaster because of the negligence of the trucker, should be taken so much more seriously than they are. Regulations that place a higher value on human life than monetary profit are way past due in the trucking business.

Accidents involving commercial vehicles grow in numbers every year. It's high time for some preventative measures and new, stricter regulation from within the trucking industry. A severe penalty for truckers driving in bad weather or not pulling over when unable to keep up with the flow of traffic may have saved Leemaster's life.

Originally posted at InjuryBoard by Christy Thompson

Helpful Hints In Selecting a Child Car Seat

Ed Normand — Fri, 13 Nov 2009 17:03:08 GMT

Baby Car Seats - Did you know...

Often parents move their child from a baby car seat to a full-size safety seat too soon. Data from crash-testing reveals that a baby is better protected in a rear-facing seat because the seat gives better support to the baby’s head and neck, and distributes the crash force over a greater area of their body. The general rule of thumb is to wait until your child is at least one-year of age, and weighs at least 20 pounds, before you move your child to a full-size safety seat. If your child weighs more than 20 pounds, but is still under a year of age, it is best to keep him/her in a rear-facing seat. The National Highway Traffic Safety Administration (NHTSA) and the Academy of Pediatrics (AAP), along with car seat safety advocates, now also recommend that babies remain in a rear-facing seat as long as possible, up to the weight limit of the seat. If the weight limit of the seat is 30 pounds, these groups recommend that it is best to keep your child rear-facing until they reach the weight limit of the seat.

Originally posted at InjuryBoard by Ed Normand

British Woman Sentenced to Jail in Texting-While-Driving Fatality

Pierce Egerton — Mon, 02 Nov 2009 08:54:03 GMT

While awareness of the texting-while-driving epidemic is growing, the United Kingdom is one of the few countries that are aggressively prosecuting people whose texting causes tragic accidents on the roadway. The New York Times reports that Phillipa Curtis, 22, was sentenced to 21 months in a high-security prison for an act of carelessness that cost another young woman, 24 year old Victoria McBryde, her life.

Ms. McBryde’s car had broken down on the A40 motorway. She put her blinkers on, and her car was a neon yellow Fiat. The night was clear. Under normal circumstances, there was no way that Ms. Curtis could have missed her.

“The crash might once have been written off as a tragic accident. Ms. Curtis’s alcohol level was zero. But her phone, which had flown onto the road and was handed to the police by a witness, told a story that — under new British sentencing guidelines — would send its owner to jail.

In the hour before the crash, she had exchanged nearly two dozen messages with at least five friends, most concerning her encounter with a celebrity singer she had served at the restaurant where she worked.”

Prosecutors were able to prove that Ms. Curtis received a text just seconds before the tragic accident. The state is now appealing the verdict to give her an even harsher sentence.

It’s tragic that two young lives have to be ruined in such a way. Maybe American lawmakers will wake up and receive the message that texting while driving is every bit as dangerous and irresponsible as driving under the influence.

We’ve written before about the dangers of texting and driving, and the alarming results of a Car and Driver study that showed texting can impair someone’s reaction time even more than alcohol. Here’s the video of that test.

http://www.youtube.com/watch?v=fbiHwGBsRr0&feature=player_embedded

Originally posted at InjuryBoard by Pierce Egerton

More Motorists Die on Rural Roads than Highways

Barbara Tubridy Lombardi — Fri, 09 Oct 2009 16:05:00 GMT

More Motorists Die on Rural Roads than Highways

South Carolina is leading the nation with 95% of their traffic deaths last year (2008) occurring on rural roads. Montana is close behind with 92% of their traffic deaths occurring on rural roads.

The report from the National Highway Traffic Safety Administration shows that more Americans die on lonely country roads than congested and hostile urban ones. “There are more crashes in urban areas, but fewer of them result in fatalities,” says Lee Munnich, director of the Center for Excellence in Rural Safety at the University of Minnesota.

Even in Massachusetts, which has the lowest percentage of rural fatalities, there are more rural deaths per 100 million miles traveled than urban fatalities.

Why is this? Key reasons include, people drive faster on rural roads, rural roads are not as well engineered as urban roads, and behavioral differences including drunken driving and less use of seat belts in rural areas. On top of these factors, critical emergency care takes longer to arrive at rural crash sites. In Montana, the average response time for emergency medical rescue is 80 minutes compared to 15 minutes in Massachusetts.

In South Carolina, 80% of that state’s road deaths involve alcohol. Shame on you South Carolina! Of the 95% of total deaths on these roads, only 15% DO NOT involve alcohol, a sobering statistic. Of course we can't congratulate those dying while sober.

Many states are responding to the rural road accident problem by installing rumble strips, grooves, and raised patterns to alert drivers that they are leaving the pavement. I'm not sure this will help the drunks awaken in time to keep the shiny side up. In Montana, approximately 75% of their rural crashes are single vehicle crashes. They are installing under and overpasses to allow animals a clear path to cross the roads; another major cause of single vehicle crashes in rural areas.

The next time you are driving in a rural area, stay alert, drive the speed limit, and be aware of drivers around you. One other thing, wear your seat belt and don't drink and drive! Drugs and drunken driving are costing us all way too much grief.

http://www.youtube.com/watch?v=TghB2I9XYCI

Originally posted at InjuryBoard by Barbara Tubridy Lombardi

U-turns Can be Made Safely

Bret Hanna — Mon, 05 Oct 2009 21:33:42 GMT

U-turns are illegal in many places, but not in Utah unless the narrow exceptions apply:

41-6a-802. Turning around -- Where prohibited -- Visibility.
The operator of a vehicle may not make a U-turn or turn the vehicle to proceed in the opposite direction:
(1) unless the movement can be made safely and without interfering with other traffic; or
(2) on any curve, or upon the approach to, or near the crest of a grade, if the vehicle is not visible at a distance of 500 feet by the operator of any other vehicle approaching from either direction.

Unfortunately, a man was flown to a local hospital in serious condition on Sunday after he attempted to make a U-turn that he could not make safely. The 49-year-old driver of a Geo Metro was driving north on U.S. 89 near the intersection with Utah State Route 126 when he made a U-turn attempting to head south. He turned in front of a Hyundai Sonata which struck him on the driver's side. The passenger in the Metro and the driver of the Sonata were transported with minor injuries.

While the accident that occurred on Sunday is unfortunate for all involved, the fact that accidents occur during U-turn maneuvers does not mean that such turns are inherently unsafe. First, make sure that U-turns are legal where you want to make a turn. If they are, take a moment to think and look before acting. If the coast is clear to make the turn without putting anyone in harm's way, complete the turn. Haste is the cause of most U-turn related accidents so remove from the equation and be on your way.

Originally posted at InjuryBoard by Bret Hanna

Toyota Recalls Vehicles for Floor Mats Causing Accelerators to Stick

Camryn Hansen — Sun, 04 Oct 2009 21:41:00 GMT

Toyota Motor Corporation has announced that it’s recalling 3.8 million US vehicles—the largest US recall in the company’s history—to deal with a problem of accelerators getting stuck on removable floor mats.

Until Toyota figures out how to fix the floor mat problem, Toyota vehicle owners should remove their driver’s side floor mats and not replace them with anything else.

NHTSA said it had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved. It was unclear how many led to crashes but the inquiry was prompted by a highspeed crash in August in California of a Lexus barreling out of control. As the vehicle hit speeds exceeding 120 mph, family members made a frantic 911 call and said the accelerator was stuck and they couldn't stop the vehicle.

"This is an urgent matter," Transportation Secretary Ray LaHood said in a statement. "For everyone's sake, we strongly urge owners of these vehicles to remove mats or other obstacles that could lead to unintended acceleration."

The recall will affect 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

For more information, consumers can contact the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987. -The Washington Post

The recall comes at an awkward time for Toyota, which was recently charged by its former in-house lawyer, Dimitrios Biller, with frequently withholding relevant documents in product-liability suits filed against the company. According to Biller, US Toyota units destroyed engineering and testing evidence that would have impacted over 300 suits over SUV rollover accidents.

If you or a loved one has been injured in an accelerator-related or rollover accident in a Toyota vehicle, contact attorney Mike Ferrara at The Ferrara Law Firm to find out more about your right to compensation.

Originally posted at InjuryBoard by Camryn Hansen

Seniors: When it comes to a drivers' license, how old is too old?

Steve Lombardi — Fri, 18 Sep 2009 09:16:00 GMT

Hit and Run that kills Bicyclist spurs debate on the impact of age on driving privileges

On August 30, 2009 a hit-and-run occurred killing bicyclist, Mark Grgurich age 54. Hit by a white truck on Warren County Road G14, according to the Des Moines Register.

The white 1986 Chevrolet pickup was discovered to belong to Paul “Jud” McKinney, through investigating surveillance photographs, according to the Des Moines Register. The 79 year old McKinney will go to court on September 22, 2009 to face the following charges:

If convicted of all charges he could face seven years in prison.

An underlying cause for McKinney hitting the bicyclist is a vision problem called macular degeneration which causes a decline in vision especially in the central visual area, vital for driving. According to the Des Moines Register, “McKinney's sister, Elsie Manning, told The Des Moines Register that her brother has macular degeneration, a condition usually found in older adults that results in a loss of vision, especially central vision.” Though, “a Warren County sheriff's investigator said he was unaware that McKinney had macular degeneration and did not know if it figured in any way in the fatal crash.” McKinney was to renew his license in October, having to renew it every two years due to his eye condition. Scott Falb, a DOT driving specialist said, “in Iowa, drivers may be issued a four-year license until the age of 70, but after that the state ‘wants them to come in every two years to appraise their condition as a driver’." Even though McKinney had macular degeneration, because of his age he still had to go in every two years to be evaluated.

According to the Des Moines Register:

“In Iowa in 2008, 15- to 24-year-old drivers had a rate of 3.28 fatal crashes per 10,000 licensed drivers. That dropped to 2.54 in the middle years and then headed up again as drivers reached their 70s, Falb said. At age 85 the rate reached 3.56 fatal crashes per 10,000 licensed drivers.”

From this current issue debate is rising on whether there should be stricter rules applied to older drivers. A news article from channel 13, WHO, discusses this question in regards to other cases besides McKinney. One such case is Margaret Winter who is in her 80’s and uses a walker to get around, but also feels she should be able to drive her car. She went in to renew her license and the DOT required her to take a test, which she failed at least twice. Winter feels it’s unfair and wrong that she cannot have her license since she has been driving for 55 years. Watch a clip from this issue on Ms. Winter.

What do you think is too old and how this impacts our roads we all use in some way or the other?

http://www.whotv.com/videobeta/watch/?watch=e97bf4db-82e0-4cb1-bb8b-340c10da9616&src=front

Originally posted at InjuryBoard by Steve Lombardi

St Cloud Child Hit By Car Is Recovering Well

Mike Bryant — Wed, 16 Sep 2009 09:56:00 GMT

I've written a number of times about children being hit by cars. Yesterday there was the story about the 4 year old from Duluth that was hit and killed. Injurybaord member, Steve Lombardi has covered the pedestrian's being hit topic a number of different ways. Many of those cases also end in tragedy.

It was heartening to read about the recovery of a St Cloud 7 year old. He still has some very sever injuries and a long ways to go, but it truly is great to see this kind of improvement. According to the St Cloud Times:

Therapy and school fill his days. He works with physical and speech therapists.

Knowing that with more progress he’ll be able to go home, Ian constantly wants to walk and push the recovery faster. He moves in slow motion, walking the halls carefully, taking in scenery as he moves about the hospital.

When asked a question, his face shows his mind working through the information and it takes a minute for him to answer. He’s found that a simple thumbs up is a faster and easier way to affirm a statement than a verbal “yes.”

Children are amazing at the way they can heal. Hopefully, the family will continue to gain strength with these advances.

Originally posted at InjuryBoard by Mike Bryant

Duluth 4 Year Old Killed After Being Hit By SUV

Mike Bryant — Tue, 15 Sep 2009 09:40:00 GMT

This morning, a Duluth 4 year old that was hit Saturday night by a SUV, died in St Mary's hospital. A sad case which the police are still trying to find the cause. The tragedy happened on Grand Avenue near 92nd Avenue W. Sympathy goes out for all of those involved.

It is important that we teach our kids to be safe in and around the roads. But as drivers we really need to watch out. Everyone has had a child run out from time to time, but by being alert and not speeding through residential areas, we save each case from being a tragedy.

Chrissy Cianflone, spokeswoman for Safe Kids USA in Washington, D.C. reports that 600 children die in pedestrian accidents annually and in addition 38,500 children are injured, suffering everything from bumps and bruises to traumatic brain injuries.

City of Madison Department of Transportation Traffic Engineering Division gives us this great list:

1. Give your child only as much independence and responsibility as s/he can handle safely. Throughout childhood, children slowly develop the cognitive, perceptual and sensory skills necessary to be safe in traffic.
2. Remember that each child is unique. Do not base rules for one child on those for siblings, cousins or neighbors. Children of the same age may require different levels of supervision in traffic.
3. Evaluate your child's behavior out of traffic. Is s/he impulsive? Does s/he stop to think before acting? Destructible? Can s/he sustain attention on something important? Is s/he a risk-taker? It is likely that your child's behavior in traffic will resemble behavior out of traffic.
4. Consider any limitations your child has and how these might influence his or her behavior in traffic. For example, does your child have vision problems? Hearing impairment? Cognitive or judgment limitations? Physical handicaps?
5. Give your child practice in traffic. Frequent supervised experiences can help children develop good traffic safety habits.
6. Teach your child the rules of walking and bicycling safety as you encounter traffic situations. Ask your children to repeat rules back to you.
7. Do not assume your child will follow the rules just because s/he can verbalize them. Let your child lead you in traffic to help you assess how well s/he follows the rules. Set up situations with your child in which you shadow him/her (walk 10-15 feet behind) to allow semi-independence.
8. Grant independence in small steps to see how your child handles it. For example, let your child progress from playing in front of the house to playing on the block, to walking around the block, to crossing one street, etc.
9. Always model appropriate traffic safety practices yourself, whether you are walking, bicycling or driving! Children learn from important people around them.
10. Be a careful driver, watch for children who may not yet have developed good traffic safety habits. Their safety is in your hands.

Hopefully everyone that reads about th story will be careful out there and SLOW DOWN.

Originally posted at InjuryBoard by Mike Bryant

Street Racing is Crazy

Bret Hanna — Tue, 01 Sep 2009 12:12:55 GMT

I blogged yesterday about a horrible street racing accident in Big Cottonwood Canyon last Thursday night that critically injured a father and son. Since looking into that accident, I have discovered that such accidents are just the tip of the iceberg.

Street racing is illegal drag racing on public streets and can be unplanned and spontaneous, or elaborately coordinated.

http://www.youtube.com/watch?v=NEr0la4gMiY

The biggest problem with street racing, however, is that often there are insufficient or no safety precautions taken like there are at official, sanctioned events. Common consequences include:

Accidents resulting in injuries and deaths;
Damage to private and public property including structures, vehicles and roadways; and
Increased crime rates including carjackings and gang activities

The results of such lack of attention to safety can be dramatic:

http://www.youtube.com/watch?v=IpIAXCCb0_M

http://www.youtube.com/watch?v=HKO3Aqd84o8

http://www.youtube.com/watch?v=xj1FNs1SJ6U

And the legal consequences can be serious:

http://www.youtube.com/watch?v=oksTW4B7tSE

The bottom line is that if you have a need for speed, sign up for a sanctioned event and drive safely.

Originally posted at InjuryBoard by Bret Hanna