Car Accidents

Are unsafe guardrails making your commute dangerous?

July 6, 2014 | Kraft Davies Olsson PLLC

While driving down the highway, most of us don’t even notice the small and subtle structures running along the road. Some are highway dividers made of concrete with less-solid materials sticking out of the top. Other times, they are small fences running along the shoulder of the highway.

These structures serve a number of purposes. But perhaps their most important functions are to contain out-of-control vehicles and absorb crash impact forces. They may not always stop cars and trucks before they leave or cross the highway, but if constructed correctly, they can turn a fatal crash into a survivable one.

According to a lawsuit set to go trial this month, one of the largest manufacturers of guardrails in the nation may be hiding changes it made to its product that make it less effective and safe than the company claims. The company being sued, Texas-based Trinity Industries Inc, gained federal approval in 2000 for the ET-Plus end terminal, a critical safety component of the guardrails.

General Motors seeks to put recall scandal in the past

July 5, 2014 | Kraft Davies Olsson PLLC

Not long ago, General Motors announced its plan to award monetary payments to individuals who were injured or who lost loved ones in crashes caused by defective ignition switches installed into various vehicle models by the auto giant. Some of the affected victims may welcome these payments, especially if they are struggling with significant medical debt tied to their injuries. However, relatively modest payments cannot erase the fact that all of the car accidents caused by the defect could have been prevented if GM had acted on its knowledge concerning the problem.

General Motors almost unquestionably hopes that once it pays victims for the harm it caused them that the recent defect scandal will fade into the past. However, the public generally has a longer memory than GM would prefer. In addition, those who have been affected by GM’s staggering negligence and possible fraud will never forget how the auto manufacturer treated consumers who voluntarily chose to purchase its products.

The recent GM payouts highlight an important issue which affects any number of plaintiffs involved in personal injury lawsuits. On the one hand, it is completely justified and appropriate to seek monetary damages against negligent entities which have harmed you or your loved ones. These damages not only represent a physical manifestation of an entity’s liability and provide a deterrent against others who would behave in the same way, they also help to ease the financial burdens caused by harm done.

Why loose tire accident rates need to be tracked

May 9, 2014 | Kraft Davies Olsson PLLC

We frequently write about the hazards associated with distracted driving, drunk driving, fatigued driving and aggressive driving. However, these preventable hazards are not the only causes of accidents on American roads. Sometimes accidents are caused by poor weather conditions and by unsafe road conditions. And sometimes, car accidents are caused by debris, defective auto parts and loose auto parts that have essentially turned into debris.

Recently, a crash occurred on an East Coast highway because a loose tire bounced down the road and through the windshield of a bus. This kind of accident actually happens with relative frequency. However, no official statistics are kept in regards to loose tire accidents, so it is difficult to say just how common such incidents are.

If an agency was to compile this kind of data, it would be the National Safety Council (NSC) that would most likely be tasked with such a collection. However, the NSC does not currently track loose tire accidents. This is problematic because safety data tends to inform resource allocation and government attention in regards to any specific kind of hazard. Until loose tire accidents are tracked, it will likely be difficult for the NSC and/or the National Highway Traffic Safety Administration to obtain financial resources to educate the public on this issue and to prevent these kinds of accidents.

Can a typeface change improve distracted driving hazards?

May 5, 2014 | Kraft Davies Olsson PLLC

We have written previously about the hazards of distracted driving. We have also written about various efforts within the tech industry, the automobile manufacturing industry, the government and safety organizations to curtail this practice. However, it is becoming increasingly clear that unless lawmakers completely outlaw interaction with any kind of personal electronic device and dashboard technology while driving that motorists will continue to engage in distracted driving behaviors. And it is possible that they will do so even if this behavior is completely outlawed.

As a result, many businesses and organizations are trying to figure out numerous ways to minimize the distracting nature of various devices. The logic behind this innovation is that some motorists may choose to interact with personal electronic devices, dashboard technology and other distracting technology no matter what. But if innovations can somehow lead distracted drivers to become less distracted, some lives may be spared as a result.

Most recently, some designers have been questioning whether a relatively simplistic change to dashboard technology may help to reduce the distracting nature of these interactive devices. The longer that motorists keep their eyes on a device and off the road, the more they risk accidents. If the typefaces used on these devices are more easily readable, perhaps motorists will be able to get their eyes back on the road more quickly.

How can events like the recent G.M. recall scandal be prevented?

April 13, 2014 | Kraft Davies Olsson PLLC

The United States is in the midst of yet another auto recall crisis; one which could prove to be larger and more damaging than the Toyota “sudden acceleration” scandal. This one involves General Motors and its decision to recall approximately 2.6 million vehicles due to a faulty ignition switch.

Issued within the past two months, the recall was anything but timely. There is evidence to suggest that top G.M. officials first learned of the problem in the early 2000s but apparently decided not to warn the public or pay for replacement switches – each of which would have cost just 90 cents. The result has been dozens of serious car accidents responsible for at least 13 deaths.

Who, exactly, should be held responsible? And how can we make sure this type of negligence or intentional misconduct is not allowed to happen again? Most people would say that a company’s top officials should take on these responsibilities and liabilities. Sadly, this is not how most of corporate America seems to work.

Specific risk factor increases likelihood of teen DUIs

March 30, 2014 | Kraft Davies Olsson PLLC

Parents and teens, an important new study has been released that you should all be aware of. This study indicates that teens are more likely to drive under the influence (DUI) of alcohol, illegal drugs or prescription drugs that cause impairment after they have been exposed to similar behavior. Specifically, if teens ride in vehicles as passengers while a peer or an adult drives while impaired, they will become more likely to engage in similar behavior.

The government funded this study in an effort to better understand and to ultimately prevent drunk driving accidents. The study, which was recently published in the journal Pediatrics, suggests that teens become increasingly likely to engage in DUI behavior when they are exposed to such behavior as a passenger earlier and more frequently over the course of their young lives.

This means that as a parent, if you know that your child has been exposed to this kind of behavior it is important to counter the message that driving while impaired is at all acceptable. Teens, if you have been exposed to this behavior you may need to wrestle with the idea that driving while impaired is at all safe or okay.

Study indicates that elderly drivers are becoming safer

March 16, 2014 | Kraft Davies Olsson PLLC

Approximately 10 years ago, safety experts voiced alarm in regards to the increasing rate of elderly drivers on the road. Because elderly drivers have traditionally been associated with heightened rates of preventable car accidents, these experts were deeply concerned that as the number of elderly motorists on American roads increased, so would the rate of accidents generally.

Thankfully, a recent study indicates that these experts needn’t have worried so fitfully. According to analysis recently released by the Insurance Institute for Highway Safety (IIHS), elderly motorists aged 70 and older are safer than previous generations of similarly aged motorists. Specifically, this current generation of elderly drivers is not only less likely to be involved in collisions, they are less likely to suffer serious injury or death in the event that they are involved in accidents.

According to the IIHS, two primary factors account for this positive trend. First, elderly Americans are healthier than previous generations of elderly Americans. Second, advancements in technology and safety regulations have helped to ensure that motor vehicles are safer now than they have ever been before.

The issue of driving while impaired by marijuana

March 7, 2014 | Kraft Davies Olsson PLLC

Voters in Washington and Colorado have determined that legalizing certain amounts of marijuana for adult recreational use is an advisable idea. However, particular consequences of increased marijuana use among the general adult population are proving to be less than ideal. For example, many lawmakers, experts and safety advocates are concerned that accidents resulting from motorists choosing to drive while impaired by marijuana will soon become as ubiquitous as drunk driving accidents.

This is a particularly concerning potential trend, given that driving while impaired by any substance, legal or illegal, can endanger one’s own life as well as the lives of fellow motorists, cyclists and pedestrians. While states have fairly uniform drunk driving laws and little tolerance for this behavior, states are fairly scattered in the ways in which they deal with motorists who are impaired by marijuana usage.

In addition, it is oftentimes more difficult to spot, catch and hold motorists accountable when they are impaired by the active ingredient in marijuana. According to the New York Times, field sobriety tests are roughly 88 percent accurate in determining whether or not a driver is drunk. However, these tests are only 30 percent accurate in determining whether or not a motorist is stoned, according to a study published in the professional journal Psychopharmacology back in 2012.

NHTSA to require car seats to withstand side-impact crashes

February 21, 2014 | Kraft Davies Olsson PLLC

In the United States, new parents are generally not allowed to leave the hospital without first showing hospital staff that they have correctly installed an appropriate car seat for their newborn. For decades, the American public has become increasingly educated in matters of car seat safety. Without these seats, infants and small children are much more likely to suffer injury or death in the event of car accidents. As a result, it is imperative that parents purchase safe, age-appropriate seats for their children.

Yet, for all the education that parents receive about car seats, many may not know that current child safety seats are not required to hold up in certain kinds of accidents. While there are currently frontal crash standards that seat manufacturers are held to, child safety seats are not required to hold up in potentially deadly side-impact crashes.

The National Highway Traffic Safety Administration (NHTSA) is finally seeking to remedy this significant safety regulation gap. Last month, the agency proposed a rule mandating that child safety seats must withstand any side-impact crash that occurs at speeds of 30 miles per hour or slower.

Study determines that buzzed driving is a myth

January 30, 2014 | Kraft Davies Olsson PLLC

It is all too easy for responsible adults to unintentionally drive while intoxicated above the legal limit. Alcohol metabolizes at different rates depending on a variety of factors. Unfortunately, if you have a few drinks with dinner, you cannot always count on your body’s signals to let you know whether or not it is safe to drive as you may feel completely sober even when your blood alcohol content (BAC) is above .08.

So, what guidance should you follow when attempting to avoid driving under the influence (DUI)? A new study indicates that even if your BAC is below the legal limit of .08, you should avoid driving altogether until you are completely sober. Some Americans believe that being “only buzzed” prevents them from driving in harmful ways. But even if you are not legally drunk, you can still be an unintentional menace behind the wheel.

A study conducted by researchers at the University of California, San Diego concludes that drunk driving accidents occur even when “buzzed” (BAC of .01 to .07) and “minimally buzzed” (BAC of .01 specifically) motorists are driving with blood alcohol levels below the legal limit of .08. These researchers examined data associated with more than 570,000 fatal car accidents that occurred between 1994 and 2011. The data they analyzed indicates that even drivers with a BAC of .01 are nearly 50 percent more likely to cause fatal accidents than sober drivers are.