Injuryboard Commentary - safety

Crashes caused by deer: safety tips that can save drivers and passengers lives

Doug Landau — Wed, 09 Dec 2009 01:00:00 GMT

In yesterday's post we discussed the reason for deer on the road, the prevalence of claims for property damage, injury and even death in Virginia caused by these animals. Today, we will share safety tips from the Fairfax County Police.

Driving tips from the Fairfax County Police:

Watch for eye shine along roadsides. Immediately begin to slow vehicle if you spot a deer.
If deer is standing on the road, reduce speed and flash your headlights. Deer can become mesmerized or blinded by bright steady lights.
Never swerve to avoid deer on the road. Swerving can cause loss of control of your vehicle and greatly increase chance of more serious damage or injury.
Take foot off brake at time of impact. This action reduces the likelihood of deer crashing through a windshield or windows upon impact.
If a deer is injured or killed, immediately report collision to Fairfax County Police Department (non-emergency) at 703-691-2131.

For more information on deer management issues in Fairfax County, contact Victoria Monroe, wildlife biologist, at 703-324-0240. If you or someone you know has been in a car , truck or motorcycle crash, and deer or other animals were involved, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Winter Brings Tough Driving To Southern Minnesota

Mike Bryant — Tue, 08 Dec 2009 23:47:47 GMT

A real winter reminder is giving us very tough driving all over Southern to Central Minnesota. The Minnesota Department of Transportation has a winter-storm warning today through Wednesday for the Twin Cities and much of east-central Minnesota. A Blizzard Warning has been extended to the counties just south of the Twin Cities and south central and southeast Minnesota along the I-90 corridor. Tuesday afternoon, the Minnesota State Patrol had logged 186 accidents in the metro area alone.

Winter road tips from DPS and MnDOT include:

Always use seat belts.
Accelerate and decelerate slowly on icy/snow-covered roads to retain traction and avoid skids.
Do not use cruise control.
Do not “power up” hills, which may cause wheels to spin. Build momentum before reaching a hill and don’t stop while traveling uphill. Reduce speed before going downhill.
Know your brakes. Keep the heel of your foot on the floor and use the ball of the foot to apply firm, steady pressure on the brake pedal.
Give yourself plenty of travel time. Don’t put your schedule before safety.
Clear snow and ice from vehicle windows, hood, headlights, brake lights and directional signals.
Headlights must be turned on when it is snowing or sleeting.

Most police officers asked say the key is usually to Just Slow Down.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

Originally posted at InjuryBoard by Mike Bryant

Parking Lots: Confusion about laws, right-of-way causes accidents

Sean DuBois — Tue, 08 Dec 2009 19:43:24 GMT

'Tis the season for Black Friday sales, doorbusters, and last-minute Christmas shopping. Which means it is also the season for crowded parking lots, single-minded shoppers, and cranky children. What does all of this mean?

It means that, now more than ever, we need to be conscious of parking lot safety. According to one study, almost 20% of all auto accidents occur in parking lots, and that statistic surely rises as more and more people flock to crowded shopping areas.

While not all auto accidents that occur in parking lots cause deaths, serious injuries, or expensive property damage, they are not something to take lightly. It doesn't take a high-speed collision to do damage to a costly car part, or injure a person, and yet many people drive through parking lots as if traffic safety rules stopped at the road.

The problem with most parking lot accidents is that many people are simply not on their guard in the parking lot like they would be on a highway or street. People talk on their cell phones, adjust their shopping bags, back out of parking spots without looking for oncoming cars, and speed down aisles without looking for cars backing out. Inexperienced drivers may find pulling into or out of tight parking spots difficult, and may accidentally scrape the cars in the adjacent parking spots.

Pedestrian accidents are also more of a concern in parking lots, since lots of people are walking to and from their vehicles. Drivers often neglect stop signs and crosswalks in parking lots, which puts pedestrians at risk, especially at night.

Many people may neglect parking lot safety because they assume they have the right-of-way. The truth is, parking lot driving laws are very complicated, and it is always safer to assume that the other driver in the parking lot thinks they have the right-of-way too.

If you exercise defensive driving techniques, keep an open eye for pedestrians, obey all of the traffic signs in the parking lot, and drive slowly, you will lower your risk of being in a parking lot accident.

Originally posted at InjuryBoard by Sean DuBois

Toyota Sudden Acceleration Recall: Investigators Can't Rule Out Electronic Problems

Brett Emison — Tue, 08 Dec 2009 15:29:42 GMT

The Los Angeles Time has reported that investigators from the San Diego County Sheriff's Department could not rule out electronic or mechanical problems in the deadly unintended acceleration crash that killed a California Highway Patrolman and three others.

The high-speed crash of a Lexus ES 350 that killed an off-duty California Highway Patrol officer and his family Aug. 28 may have been caused by the car's accelerator pedal becoming trapped by a rubber floor mat, but a range of other possible electronic or mechanical problems could not be ruled out, investigators for the San Diego County Sheriff's Department have found.

The crash, which killed CHP Officer Mark Saylor, his wife, daughter and brother-in-law, has led to the recall of more than 4.2 million Toyota and Lexus vehicles to fix what federal safety regulators have called "a very dangerous problem" involving the amount of clearance between the gas pedal and the rubber floor mats.

But the inquiry leaves open a number of questions about the cause of the accident and the role floor mats have played in more than 1,000 reported acceleration events across the nation in the last eight years. The investigators' 61-page report also raises the possibility the Saylor crash was preventable.

Toyota denied that it even had a sudden acceleration problem for more than five years. Even when Toyota acknowledge there could be a problem, it did so by making "inaccurate and misleading" statements about the safety of Toyota vehicles and received a strong public rebuke from the regulators at the National Highway Traffic Safety Administration (NHTSA).

The findings from the independent investigators at the San Diego County Sheriff's Department further bolster the findings of independent safety experts that the Toyota electronic throttle -- not floor mats -- is to blame for these unintended acceleration events.

And in the key finding about the cause of the Saylor crash, the sheriff's report hedged its conclusion, saying, "There is an indication [the incorrect floor mat] may have caused a sudden acceleration event." Investigators cited two associated factors, the lack of a key that could readily turn off the engine and brakes that "failed" because of prolonged heavy braking.

But the report further hedged it findings, saying: "Due to the catastrophic damage . . . other avenues of unintended acceleration could not be explored. Beyond the all-weather floor mat, other and/or additional factors causing a sudden acceleration event (re: electrical, mechanical or computer generated) should not be ruled out."

Independent safety expert, Sean Kane, of Safety Research & Strategies, has identified more than 2,100 Toyota sudden acceleration events. Many of these events occurred in vehicles with no floor mats at all.

Consumer Reports also confirmed that many of the sudden acceleration events occurred in vehicles with no floor mats. "There was something else, outside the cabin, that was causing the problem."

After ignoring this problem for more than five years, Toyota's accelerator problem has been in the spotlight for several months after an August collision involving an out-of-control Lexus ES (made by Toyota) in San Diego County that killed four people, including an off-duty California Highway Patrol officer.

That collision and public outcry led Toyota to finally recall more than 4 million vehicles. While Toyota initially tried to blame the accelerator troubles on a floor mat issue, it became evident that this was not simply a floor mat problem. Independent safety experts continue to point to Toyota's electronic throttle controls, not the floor mats, as the source of the sudden acceleration defect.

Fueling criticisms of Toyota's electronics and electronic throttle controls, the National Highway Traffic Safety Administration (NHTSA) just announced an investigation into nearly 400,000 additional Toyota vehicles because of engine stalling related to the vehicle computer.

Why did it take Toyota more than five years to even acknowledge this problem? Why did Toyota put its head in the sand when it came to problems with its electronic throttle controls? Did Toyota think it didn't have to play by the same rules as the rest of us? How many deaths does it take for Toyota to do the right thing?

Until Toyota finally creates a solution that actually fixes the problem, all Toyota drivers must be prepared. You can learn how to stop your vehicle if it experiences the sudden acceleration problem at this post.

You can learn more about the Toyota sudden acceleration defect by reading these previous reports of Toyota's sudden acceleration problem:

Toyota Sudden Acceleration Recall: Company Vows To "Make Better Cars"

Toyota Sudden Acceleration: Safety Experts Want Toyota Recall Expanded

Toyota Sudden Acceleration Recall: Company Focuses On Wrong Problem

Toyota Recall Won't Fix Accelerator Problem

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

In Ohio A "Financially Responsible" Person Can Kill Someone For Just $12,500

Steve Lombardi — Tue, 08 Dec 2009 12:01:00 GMT

In Champaign County, Ohio, a woman was standing by her mailbox on Wolcott Road, near St. Paris, when a runaway trailer struck the 46 year old woman sending her to Miami Valley Hospital in critical condition, according to the Dayton Daily online news source.

Paula Lowry was hit Wednesday, September 23rd around 6pm. The flat bed trailer was being pulled by an eastbound car driven by Kevin Fisher, age 35 from Tipp City. Fisher was not hurt. Investigation is underway to determine the cause of the trailer coming loose.

We’ve covered trailer safety before on October 16, 2009. Trailer towing safety chains are not optional | Lombardi Law Firm. But today I want to cover this accident for a different reason.

Ohio is a miserable state to get in a car accident.

Presently I have a client who died in Ohio from getting t-boned at an intersection collision; she died. The financial minimum limit one has to carry for car accidents in Ohio is a paltry $12,500.00 per person. Can you believe that? You can kill a person and only have to pay the dead person’s estate or her parents $12,500.

And here is an aspect of this case that makes it even worse. USAA claims the $12,500 underinsurance coverage on the client’s auto policy isn’t owed to her parents. They claim to have a provision in the policy that gives them a credit against anything paid. So take the $12,500 being paid by the other driver’s auto liability carrier and it isn’t more than the $12,500 UDM coverage she had, so they say we owe you nothing.

Ohio State Minimum Coverage Requirements for Automobile Insurance

Say what USAA? That an interesting position to say the least. It’s interesting because USAA sold her insurance she could never collect. Here follow the logic. If in Ohio the minimum limits are mandatory then any insured driver will have $12,500 in coverage. If they don’t have insurance then they are uninsured and not underinsured. So any underinsured driver has to have at the very least the same amount of the UDM coverage; meaning the credit wipes it out. Wow selling insurance you can’t collect on. You’d think Ohio’s Department of Insurance would have figured this one out. Makes me wonder how much the Ohio politicians received by way of campaign contributions to pass this law. Gee Mary Jo Hudson what are you directing in Ohio?

DO WE REALLY NEED FEWER LAWYERS IN THE LEGISLATURE? OR MORE LAWYERS?

There are parts to tort reform that I will never understand. And this is one. Wake up folks the insurance industry in this country is robbing you blind. This quote is from the Ohio Department of Insurance website.

How would we fix the Ohio minimum limits?

Before you can fix the minimum limits requirement the legislators in Ohio need to understand the answer to the first question Ohio’s insurance director posed.

What is Financial Responsibility?

In Ohio, it is illegal to drive any motor vehicle without insurance or other proof of financial responsibility (FR). It is also illegal for any motor vehicle owner to allow anyone else to drive the owner's vehicle without FR proof. To comply with the FR requirements, individuals must maintain insurance or get a bond. Both types of coverage are described below.

If I obtain insurance, what is required?

Ohio law requires the following for insurance coverage:

If a person purchases automobile insurance, the state requires the person to purchase Bodily Injury Liability Coverage as well as Property Damage Liability Coverage.

A motor vehicle liability insurance policy. Insurance cards are issued by an insurer to the policyholder for each motor vehicle insured under a motor vehicle liability insurance policy;

A certificate of proof of financial responsibility on a form prescribed by the Ohio Bureau of Motor Vehicles (BMV).

That’s enough for today, but come back tomorrow to read The Verdict blawg at Lombardi Law Firm where we will discuss other car-truck-semi-motorcycle accidents in Iowa. And as always if you are in an accident and need legal services we encourage you to call us sooner, rather than later.

Originally posted at InjuryBoard by Steve Lombardi

New Consumer Protection Website Is Very Informative

Mike Bryant — Tue, 08 Dec 2009 09:30:00 GMT

Recent I found out about Protecting Consumers Rights. Org . The site is filled with information that should be looked at by anyone who is interested in protecting themselves and their family. With easily navigated keys, the sight covers topics that include all sorts of issues that are important to every consumer.

The site identifies itself as :

ProtectConsumerJustice.org, a project of Civil Justice Research & Education Project.

This site’s goal is to honestly report on consumer, legal and political issues important to the American civil justice system.

The bulk of the articles will be researched, written and edited by people who understand the importance of factual information, particularly as traditional sources of news and information shrink. We will gather information from a variety of trusted sources, and present it without rhetoric and bombast.

Here at the Injuryboard, we see the impact that dangerous products and unsafe foods have on people. Please, take the time to review this important information. For Minnesotans that were fans of Almanac they will recognize J.G. Preston one of the sites contributors.

Originally posted at InjuryBoard by Mike Bryant

Deadly Accident Appears To Have Been Preventable

Bret Hanna — Mon, 07 Dec 2009 21:12:32 GMT

E. Dale LeBaron, 75, a retired Brigham Young University professor, was killed last week after he, his wife and a friend were struck by a car on an Orem street. The 21-year-old driver of the vehicle that struck the trio said that he did not see them because the sun was reflecting off of frost on his windshield as he made a turn. City prosecutors have the case under review for possible charges against the driver.

This accident is certainly a tragedy for all involved, but it appears that it could have been prevented. The winter driving season is upon us and as I've written in the past, drivers must be prepared. One aspect of such preparedness is to make sure that you have a clear field of vision at all times while driving. Frost and snow pile up on cars when they sit outside and it is very easy to simply clear a small area to see through and be on your way. It may be easy, but it is also very dangerous. All drivers must take the time to fully clear and defrost all windows before heading down the road. And the sun can easily blind drivers when it is rising, setting, or is otherwise reflected toward vehicles. If you are temporarily blinded, slow down or stop immediately if you can do so safely and then wait until you can proceed with full visibility.

Originally posted at InjuryBoard by Bret Hanna

Yaz / Yasmin / Ocella Side Effects: Bayer Profit Grows In Spite of Deadly Side Effects

Brett Emison — Mon, 07 Dec 2009 11:20:48 GMT

Industry site, bnet.com has reported that Bayer's profit from Yaz and Yasmin continues to grow in spite of serious -- even deadly -- side effects including heart attack, stroke, pulmonary embolism, deep vein thrombosis and gallbladder disease.

Bayer’s Yaz and Yasmin contraceptives appear to be recession- and scandal-resistant superbrands, if recent reports are to be believed. Bayer hit back at a German newspaper that reported the company was cutting back on pill production due to decreased demand.

***

But Bayer said the report was wrong:

“Revenue from our Yasmin product family continues to rise as planned,” a Bayer spokesman told Reuters on Sunday.

Yasmin is Bayer’s best-selling pharmaceutical product group. In the first quarter of 2009, Bayer reported sales of 319 million euros ($443.2 million) for the Yasmin range, a 7.4 percent year-on-year gain.

Those sales gains came despite the FDA forcing Bayer to spend an extra $20 million on “corrective” advertising to rebuff claims the company previously made that Yaz cures acne and PMS (it doesn’t).

Bayer continues to increase its profits at the expense of thousands of young women across the country. Bayer needs to be held accountable for putting profits and money over safety and lives. Why doesn't Bayer have to follow the same rules as everyone else?

If you or I put out a product that killed people, we would be held accountable. Why hasn't Bayer been held accountable? How many young women must suffer a heart attack or stroke before Bayer finally learns its lesson? Bayer's lesson will be learned only after it loses what it values most . . . money.

Why Are Yaz / Yasmin / Ocella So Dangerous?

Popular birth control pills, Yaz, Yasmin and Ocella, have been linked to serious and potentially deadly side effects. This deadly side effects affect women of all ages, including teens and young women.

Yaz, Yasmin and Ocella have been linked to serious side effects, such as heart attack, stroke, pulmonary embolism (PE), deep vein thrombosis (DVT), gallbladder disease and sudden cardiac death.

Despite these serious side effects, Bayer marketed these drugs to young women not only as a contraceptive, but to relieve symptoms of severe PMS and as an acne fighter.

The FDA reprimanded Bayer late last year for overstating the benefits and downplaying the risks of Yaz in television advertisements. The slogan for Yaz was "beyond birth control."

Bayer marketed Yaz to women in their 20s. Commercials cultivated a hip, youthful image set to rock music, and advertised Yaz as a treatment for acne and premenstrual syndrome (PMS).

The FDA called Bayer's advertisements "misleading" and reprimanded Bayer in a number of official FDA letters. Bayer's conduct was so egregious that the FDA ordered Bayer to run a $20 million "corrective" ad campaign.

"I can't think of anything even remotely as large scale as this corrective advertising," said Michael A. Santoro, an associate professor of business ethics at Rutgers University.

In August, the FDA again warned Bayer about poor quality control at a German plant that makes Yaz's key ingredient -- drospirenone.

How Does Yaz / Yasmin / Ocella Cause Such Serious Side Effects?

Yaz and Yasmin contain the chemical, Drosperinone, which acts as a diuretic and causes fluid loss. This fluid loss decreases sodium in the blood and increases potassium. This imbalance causes irregular heartbeats and blood pooling, resulting in heart attacks, blood clots and stroke.

What Can I Do If I Have Experienced A Yaz / Yasmin / Ocella Side Effect?

Our firm has teamed up with the very best trial lawyers in the country to litigate Yaz and Yasmin lawsuits in the Multi-District Litigation (MDL) pending in the Southern District of Illinois, near St. Louis.

In fact, one of our team, Mark Niemeyer of Onder Shelton O'Leary & Peterson, LLC, is one of only three in the country to be selected by the Court to act as co-lead counsel for these Yaz and Yasmin cases.

"My role in this MDL is simply a reflection of the commitment of all us . . . to the women or families of women who suffered grave heath consequences after taking Yaz or Yasmin and just how seriously we take all our cases," said Mr. Niemeyer.

You can contact our team for a free case evaluation.

What Is An MDL? How Does An MDL Effect My Case?

You can find out more about MDLs and how they work at this recent post.

An MDL is like a class action, but with important differences. Instead of only one "case" (like in a class action), each plaintiff in the MDL maintains his or her own claim. However, because of many areas of common interest, the thousands of cases are consolidated for much of the pre-trial work up. For example, all of the cases filed in federal courts across the country will be transferred and consolidated in front of a single trial judge. The trial judge will appoint certain attorneys to represent all of the plaintiffs for various issues during pre-trial work up, such as discovery (fact-finding), motions, and scientific testing.

Lead counsel for the MDL is appointed by the trial judge. This small group of attorneys (for the Yaz MDL, there are only three attorneys appointed as co-lead counsel) will manage all of the pre-trial work up of all cases (potentially thousands) within the MDL.

If you file your Yaz or Yasmin claim in federal court, the three co-lead counsels -- including Mark Niemeyer of our team of attorneys -- will manage the work up of your case until trial.

Who Are Members Of This Team Of Attorneys?

The Onder Law Firm, based in St. Louis, Missouri has a track record of success and results for their clients in pharmaceutical litigation, personal injury claims, class actions and multi-district litigation (MDLs). Other lawyers across the country seek the firm's experience and expertise on complex litigation in specialty areas like dangerous drug cases.

Langdon & Emison, with locations in Chicago, St. Louis and near Kansas City, is one the country's premier trial firms, successfully taking on the largest corporations in the country. Langdon & Emison fought General Motors to the United States Supreme Court. . . and won. Baker v. General Motors held that corporations could not buy the silence of their employees and is taught in law schools across the country. The lawyers at Langdon & Emison actually try cases and have built a reputation for getting results for their clients with total recoveries of more than half a billion dollars. You can learn more by visiting Langdon & Emison's safety blog or profile.

Standly Hamilton, based in Dallas, Texas, litigates cases involving important social issues, dangerous pharmaceutical drugs, catastrophic personal injury, and wrongful death.

Learn More

You can learn more about the serious side effects of Yaz, Yasmin and Ocella and find out what to do if you or a loved one have suffered any of these dangerous side effects at this Yaz/Yasmin/Ocella informational and safety web site.

Originally posted at InjuryBoard by Brett Emison

Two Killed In Accident When Semi-Truck Fuel Tank Explodes

Brett Emison — Mon, 07 Dec 2009 10:18:50 GMT

NBC affiliate KJRH has reported that the driver and passenger of a tractor trailer were killed in an accident on I-44 near Tulsa when the fuel tank of the semi ruptured and exploded.

A semi erupted into flames on I-44 and 33rd W. Avenue Sunday morning. The driver and passenger of the semi died at the scene.

Gornwiga Nation lives near I-44 and 33rd W. Avenue in west Tulsa and caught the fiery accident on tape.

She describes the scene as a giant fire ball.

"You can see from the video my hand was shaking," said Nation

***

"We were hoping to help somebody, but the fire, it was just scary," said Hudson. "It was like the most scariest thing I've ever seen in my life."

Our thoughts and prayers go out to the family, friends and communites of those killed in this tragic event. Saddly, I suspect these deaths did not need to occur.

Car and truck manufacturers have recognized for years that vehicle occupants should be be killed by a vehicle fire if they survive the initial collision. The same is true for semi trucks.

Unfortunately, manufacturers often cut corners when designing and developing fuel systems. In tractor trailers, the onboard fuel -- diesel fuel -- is not nearly as volatile as ordinary gasoline. In fact, you can put out a match, by dunking it diesel fuel. Doing the same thing with gasoline would cause a violent explosion.

Many semi truck manufacturers place the fuel tanks in unguarded locations -- outside of the frame rails and exposed where minor collisions can rupter the tanks. More troubling, many semi truck manufacturers place cans of ether or other accelerants only inches from the unprotected fuel tanks. If both the ether can and fuel tank are ruptured, there is a high probability of explosion and massive fire.

It's time to hold these manufacturers accountable for such dangerous designs. You can learn more about fuel fed accidents and causes at our web site or at this recent blog post.

Become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Injuryboard Commentary - safety

Crashes caused by deer: safety tips that can save drivers and passengers lives

Winter Brings Tough Driving To Southern Minnesota

Parking Lots: Confusion about laws, right-of-way causes accidents

Toyota Sudden Acceleration Recall: Investigators Can't Rule Out Electronic Problems

In Ohio A "Financially Responsible" Person Can Kill Someone For Just $12,500

New Consumer Protection Website Is Very Informative

Deadly Accident Appears To Have Been Preventable

Yaz / Yasmin / Ocella Side Effects: Bayer Profit Grows In Spite of Deadly Side Effects

More Toyota Problems: Government Investigates Toyota Stalling Problems

Two Killed In Accident When Semi-Truck Fuel Tank Explodes