Petersburg Personal Injury Blog

Almost every day for the past few weeks I have been reading or hearing about the dangers of using cell phones for conversations or texting in all sorts of situations, some I'd not even thought of. Virginia personal injury attorneys like me know distracted drivers cause serious car and truck accidents. I've written blog posts on this issue before. Any distraction that causes you to take your eyes off the road, for even a second or two, may end up causing a tragic accident.

I have a case like this in my office now. A truck driver traveling on a local interstate at night took his eyes off the road to adjust his radio. When he looked up, there was nothing he could do to avoid rear-ending my client's truck which was traveling directly in front of him. As a result of the accident, my client sustained a permanent, catastrophic injury.

A few days ago, I read that even walking and using a cell phone is risky. Some people get so caught up in telephone conversations they are oblivious to danger. They may walk into a truck, stumble on a hole in the sidewalk, or hit a pole. One morning I heard on the radio that one of four auto accidents is caused by a driver using a cell phone, Later the same day, I read two articles in different newspapers reporting on an investigation into a 2008 Los Angeles commuter train wreck that killed 25 people.

Apparently, the commuter train's engineer ran a red signal before he slammed into an oncoming freight train. An investigation revealed the engineer had sent or received as many as 43 text messages on the day of the crash, one just 22 seconds before the collision. Obviously, he was distracted from his primary responsibility, to keep his passengers safe.

Congress took steps to prevent this type of tragedy when it recently passed a law mandating "positive train control." This system, when installed, will sense a train if and when it approaches a red signal at high speed. It will automatically slow down the train or stop it if the engineer disobeys the signal. Unfortunately, this law will not go into effect until 2015.

Yet another article, this one in a Richmond, Virginia newspaper, gave details of a motor vehicle accident in which a woman struck the rear of a fire truck in broad daylight. The fire truck was parked in the right lane with its emergency lights activated because it was responding to a vehicle fire. One firefighter, who had been standing beside the fire truck, was injured. Allegedly, the driver indicated to the investigating police officer that she was distracted by a ringing cell phone.

The Neilson Company reports that text messages outnumber mobile voice calls by three to one. This change in mode of communication may have far reaching consequences. Cell phone use while driving is distracting and dangerous; however, studies show texting is even more dangerous.

It's easy to see why. When you are reading and writing text messages your eyes are focused almost exclusively on your cell phone, not on the road. It takes longer to read or write a text message than it does to dial a phone number. While you're talking on your cell phone, your brain may be focused on your conversation, but at least you are likely to be looking up at the road and surrounding traffic. Not so when you're texting.

Labels: motor vehicle accidents

While certain driving behavior like talking on cell phones and texting is dangerous and getting more so, there is some good news about car safety. Highway deaths are declining. According to the Insurance Institute for Highway Safety (IIHS), the number of highway fatalities dropped from 43,443 in 2005 to 37,261 in 2008. The number continued to fall during 2009. As an attorney who handles car and truck accident cases every day, I've been wondering why.

Apparently, there is no clear answer to this question. However, there are several likely reasons for the drop in fatalities: improved automotive safety technology, better highway design, increased seatbelt use, and the crack down on drunk driving and speeding. In addition, the bad economy has kept some drivers off the road as they try to reduce fuel costs.

With respect to automotive technology, safety factors that may help reduce highway fatalities include an increase in the number of cars furnished with side airbags, as well as head and torso protecting airbags. Cars and SUVs are also safer because most are now sold with electronic stability control systems that use a vehicle's braking system to avert skidding.

Over the years, highway design engineers have made roads safer through the construction of jersey walls and other barriers to divide highways, especially in sections that pass through urban areas. These barricades prevent out-of-control vehicles from crossing medians into oncoming travel lanes where they may strike cars and trucks head-on. When two or more vehicles traveling at highway speeds crash head-on, fatalities are likely. During the past decade, state departments of transportation have also added rumble strips to highway shoulders. When tires cross these strips, the resulting noise warns sleepy and distracted drivers they are about to drift off the roadway.

More motorists are fastening their seatbelts, 84% at last count. If you are belted, it is very unlikely you will be ejected from your vehicle during an accident. To the contrary, if you are unbelted, it is more likely you will be. In its articles about car accident fatalities, my Richmond, Virginia newspaper almost always mentions whether or not the driver or passenger who died was wearing a seatbelt. Almost invariably, I read that the person who died was unbelted.

Over the last decade, The Virginia General Assembly has enacted tougher drunk driving laws. The threat of jail time that may be imposed under these new laws has probably served as a deterrent to some who used to drink and drive. Finally, there are the days I drive along the interstate and see car after car pulled over by the State Police, sometimes three or four of them within a ten mile stretch. These periodic police operations, designed to curb speeding, serve as a reminder to the driving public that speeding is dangerous and speeders will be prosecuted.

Labels: motor vehicle accidents

I practice personal injury law in a region of Virginia, Petersburg and Southside Virginia, that is blessed with beautiful rivers and lakes. Every spring, boating enthusiasts head for their favorite stretch of water on Lake Chesdin, Lake Gaston, Swift Creek, or the Appomattox River at Petersburg to enjoy fishing, sailing, motor cruising, and jet skiing.

As of last July 1, 2009, boating safety education became mandatory in Virginia. The new boating safety education requirements will be phased in over seven years under Virginia Code Section 29.1-735.2. By 2016, no one will be permitted to operate a motorboat (10 horsepower or greater) or a personal watercraft, like jet skis, on the public waters of Virginia, until and unless he or she has met the state requirements.

It is not surprising that Virginia enacted a statute requiring boating safety education. With the popularity of jet skis, more and more young people have taken to boating. Our waterways have become more crowded - and more dangerous. Operator inattention, inexperience, and speed cause boats to collide with each other, turn over, or capsize. Injuries and death are not uncommon.

Under the law that went into effect on July 1, 2009, no person 20 years old or younger could operate a personal watercraft, like a jet ski, unless and until he or she had fulfilled certain boating safety education requirements. These same requirements, with respect to personal watercraft, will apply to older operators as follows: 35 years old and younger by July 1, 2010; 50 years old and younger by July 1, 2011; all ages by July 1, 2012.

However, this isn't the end of it. Beginning on July 1, 2012, all motorboat operators 30 years old or younger must meet the requirements. Thereafter, the requirements will be phased in for operators 40 years of age or younger (July 1, 2013), 45 years old or younger (July 1, 2014), 50 years old and younger (July 1, 2115), and all motorboat operators, regardless of age (July 1, 2016).

How can you meet the boater safety education requirements? Many boaters already do. You will comply if you do or have done one of the following:

• Complete and pass a boating safety course approved by the National Association of State Boating Law Administrators (NASBLA); or


• Pass a proctored equivalency examination that tests your knowledge of information included in the curriculum of an approved course; or


• Possess a vessel operator license granted to maritime personnel by the United States Coast Guard.

There are several other ways to comply with the requirements. In addition, there are exemptions for persons who assume operation of a motorboat after an operator becomes ill or physically impaired and for those who operate a motorboat under onboard direct supervision of a person who does meet the requirements. If you want to learn more about the new law, go to www.dgif.virginia.gov. You should know there is a $100 fine for a violation.

March is the season for boat shows. It's the time of year boating enthusiasts begin to think about the joys of being on the water again after a long winter. Enjoy Virginia's waterways this summer! Remember that even if the new law doesn't apply to you yet, it will eventually. Make plans now to meet the requirements, and don't wait until the last minute.

Labels: motor vehicle accidents

The number of TV ads touting auto insurance companies seems limitless. There's a gecko talking on screen about insurance provided by "his" company. A spokesman for another insurer tells us we're in "good hands" with his employer. Yet another voiceover reminds us that, "like a good neighbor," his company is there for us when we have a car accident. As a plaintiff's personal injury lawyer, I review auto insurance policies all the time because insurance coverage is one of the most important things I need to know about.

An injured client's own insurance coverage can sometimes be as important as the amount of coverage carried by the negligent driver who injured him. Therefore, it is important for every car or truck owner to search for the best insurance terms and the maximum coverage he can find at the best price. For this reason, I recommend you comparison shop your auto insurance coverage at least once every two or three years, if not more frequently.

Every insurance company bases its insurance rates on its own set of factors and actuarial calculations. These differ from company to company. Variables may include past accidents and traffic violations, the make and model of your vehicle, the number of miles you drive per year, where you drive, your age, your gender, and, of course, the amount of insurance you want to purchase.

It may be news to you, but auto insurance companies sometimes consider your credit record in determining the cost of your premium. A credit based insurance score differs from ordinary FICO scores used by banks and other lenders, but it does factor in data found in your credit report. Apparently, auto insurance companies believe your credit record may indicate how likely you are to file an insurance claim.

With all these variables, it makes sense to do some comparison shopping every so often. You might save hundreds of dollars by changing insurers. Look to see if your state's Department of Insurance provides price comparisons. Other Web based resources include: www.ChoiceTrust.com; www.value-auto-insurance.com.

Be careful in your analysis. Do you qualify for discounts? Many insurers offer good-student discounts to families whose teenage drivers maintain a certain grade point average. You may find discounts for going paperless or authorizing your bank to set up direct payments from your checking account. Some companies give discounts to customers who pay the premium in full rather than opting for an installment plan.

Check out the reputation of each auto insurance company you consider. Organizations like Consumer Reports and J.D. Power & Associates provide information regarding customer satisfaction rankings. Although many insurers now sell directly over the internet, many companies also have local agents who represent them. These agents may not only be able to give you competitive premium quotes, they can also explain, face to face, what your coverage options are and answer questions you have.

At the end of the day, you may decide to remain loyal to the auto insurance company you already have. And that's all right. You will have satisfied yourself that you're getting the best deal or value for your money. Just knowing this can give you peace of mind.

Labels: motor vehicle accidents

Some months ago, I wrote a blog post commenting on an Allstate auto insurance company newspaper ad reporting that "nearly 5,000 teens died in car crashes" in 2008. Recently, a similar Allstate advertisement caught my eye.

The headline asked a provocative question and gave a startling answer: "Why do most 16-year-olds drive like they're missing a part of their brain? Because they are." As a personal injury lawyer in Southside Virginia, I have represented many people injured in auto and truck accidents caused by young drivers, so this surprising statement encouraged me to do a little research.

A National Institutes of Health (NIH) study supports Allstate's assertion. Researchers using magnetic resonance imaging (MRIs) technology to map the human brain from childhood into adulthood have found the brain continues to mature well into a person's twenties, and it is the frontal lobes, which are responsible for many of the brain's executive functions, that develop last.

This area of the brain, called the dorsal lateral prefrontal cortex, plays a critical role in a person's ability to exercise good judgment and to make appropriate decisions. It also enables a person to better understand the future consequences of his or her actions, and it helps inhibit risky behavior.

It's easy to understand how a delay in development of the teenage and young adult brain might play a role in immature driving behavior among this segment of the population.

A look at crash statistics demonstrates this fact. The Insurance Institute for Highway Safety has reported that teenage drivers are four times more likely to be involved in a vehicle crash than older drivers, and they are three times more likely to die in one.

Of course, brain immaturity is not the only reason young adults are killed in motor vehicle accidents. However, the recent research on brain development has encouraged states to enact teen driving laws that include gradual licensing provisions and bans on cell phone use in vehicles operated by drivers under age 18.

The NIH research also serves as a reminder to parents to exert strict and active control over their teenage drivers. Ensure that your teen gets adequate driving instruction, monitor his driving behavior and skills, instruct him to comply with your state's driving laws, and take away driving privileges if and when it becomes obvious he is not driving responsibly.

Labels: motor vehicle accidents

There seems to be no end to what new technology can do for all of us - including drunk drivers. As a Virginia personal injury lawyer who handles car and truck accident cases, I have seen firsthand the tragedies irresponsible drunk driving can cause. Now cell phones are coming to the rescue according to The Wall Street Journal.

Apparently, there is a new iPhone app that reports whether it is safe for you to drive after you've been drinking alcoholic beverages. It works this way. You enter your weight and what you have had to drink into an app appropriately named R-U Buzzed. In response to the information you've entered, the cell phone will provide an estimate of your blood alcohol level. If it is 0.08% or higher, you are above the legal limit and are in the category of those drivers who may be arrested and convicted of drunk driving in Virginia.

Always remember, however, that you may not be a safe driver at BAC levels below 0.08%. You may not realize it, but it is a scientific fact that your reflexes begin to slow down after you've ingested alcohol but well before your blood alcohol content reaches the present 0.08% legal limit. This means you may be unable to react as quickly as you need to in order to avoid a motor vehicle accident. And the accident may not even be your fault!

For example, if another driver falls asleep at the wheel and drifts into your travel lane and you are fully alert, you may have time to swerve out of the way and prevent a catastrophic crash. On the other hand, if your judgment or ability to react is impaired, by even a small amount of alcohol, you may be unable to take action in the second or two necessary to avoid a collision.

State law enforcement officials are hoping the free iPhone app will appeal to teenagers and young adults, the demographic most often involved in drunken driving fatalities. About 80% of drunk drivers involved in fatal vehicle crashes are between the ages of 16 and 34!

Yes, the iPhone app has its limitations. A drinker's level of impairment may depend, not only on the amount of alcohol he has ingested, but also on additional factors such as the amount of food he has eaten, any medications he may have taken, and the extent to which he may be sleep deprived.

Yet, the iPhone application can be effective. Often a drinker won't accept the fact he has had too much to drink. He thinks he feels just fine. He may disregard or laugh off a friend's admonition not to drive. However, it may be more difficult for him to ignore the cautionary red message his cell phone sends him saying, "Don’t even think about it!... Designate a sober driver."

If you have an iPhone, download the R-U Buzzed app. After all it's free, so why not try it?

Labels: motor vehicle accidents

On the same day I wrote my post on the dangers of riding in pickup truck beds, I was driving near my home in Petersburg, Virginia when I saw something else that disturbed me: a beautiful chocolate lab sitting proudly, nose into the wind, in the bed of a pickup that was hauling a camouflaged boat. The lab and his owner must have gone hunting earlier that morning.

As a personal injury attorney in Southside, Virginia, I spend most of my time worried about human clients who have been injured in car and truck accidents, not dogs. However, riding in the back of a pickup is just as dangerous for a dog as it is for a person - and it's dangerous for passersby as well.

Estimates indicate that about 100,000 dogs riding in truck beds die every year in accidents. Sometimes a dog simply jumps out of the bed of a moving pickup. Occasionally he falls out. More often a dog, sitting or lying unrestrained, is ejected from a truck bed during a motor vehicle collision. In most of these cases where the truck is moving, someone's beloved pet is injured or killed. He may be run over by a passing vehicle.

The most obvious solution to this hazard is to ensure your dog rides up front with you, restrained in a harness. Placing your animal in a cage or travel carrier secured to the truck bed may be an option. Tethering may also prevent a dog from voluntarily jumping out of a truck.

However, the cage and tether present risks of their own. A cage may not be much protection when a pickup flips over. In addition, a dog may strangle or be dragged along the roadway if caught the wrong way in a tether or leash during an accident.

There is something else that concerns me as a personal injury lawyer who represents people injured or killed in car and truck accidents. Transporting a dog in the open bed of a truck endangers other motorists. When a dog is ejected or jumps out of a truck, another motorist may have to swerve to miss the animal and in the process strike a third vehicle or travel off the road and crash into a tree. Serious injury or death may result.

So be fair to your dog and other motorists. Don't drive with your dog in the back of your pickup truck. Keep your pet up front with you.

Labels: motor vehicle accidents

A month or two ago, a sad news item flashed across my computer screen. It announced that Bengal's receiver Chris Henry had died from injuries suffered when he fell from the bed of a pickup truck. Personal injury lawyers like me know that riding in the back of a pickup is extraordinarily dangerous.

This is why a number of states, including Virginia, have enacted laws that forbid children under 16 from riding in the back of this type of truck. Young adults are the most likely to be victims of truck bed accidents which commonly occur on summer afternoons and evenings when they are out of school. Of course, the same dangers confront adults, but they are left to determine for themselves whether or not to assume the risk.

Medical reports tell a grim story about what happens to people who fall out of or are ejected from pickup truck beds. Their injuries are usually more serious than the injuries suffered by passengers who are seated and belted inside automobiles when an accident occurs. Head injuries are frequent, but arm and leg injuries as well as facial wounds are also common. However, the head injuries are the most likely to kill a person ejected from a truck bed.

Keep in mind the various kinds of protection provided for passengers who sit inside a car or truck - protection that is not provided to those who occupy the truck bed: three point seat belts, airbags (front and side), and the enclosed cage of the vehicle itself. Passengers riding in a truck bed don't have the benefit of any of these important safety features.

As a result, in the event of a collision, a sharp turn, or a sudden stop, truck bed occupants are likely to be flung across the truck bed, striking the truck walls or hitting cargo. And that's if they are lucky. It is more likely they will be ejected from the vehicle altogether and face an increased risk of severe brain injury or death.

It's one thing for an adult to choose to ride in the bed of a pickup truck. It is unconscionable to permit a child to do so. So if you're a parent, think carefully before you allow your own child or other children to sit in a truck bed - even if you're sitting back there with them. The physical forces unleashed in a motor vehicle crash and the speed with which these accidents happen mean it is physically impossible for an adult to adequately protect a child while an accident is in progress.

Everyone traveling in a pick-up truck deserves a reasonably safe ride. Unfortunately, no one sitting in a truck bed is safe, by any definition. The opposite is true. So always make sure you sit in the front of a pick-up truck and buckle up. If there's no room for you there, travel in another vehicle or just stay home. The risk of severe and permanent injury just isn't worth it!

Labels: motor vehicle accidents, personal injury

In a recent post, I discussed ways ATV operators can drive more safely. What I didn't mention are the dangers associated with the shoddy design and manufacture of some ATVs, especially ones produced in China for children. A child or adult can be a cautious driver, but if he is driving a defective ATV, the safe operation of his vehicle may not count for much. The same, of course, is also true for cars and trucks that are defectively designed and manufactured. As a personal injury attorney in Petersburg, Virginia, I've seen these cases as well.

Recently, ATVs made in China have attracted attention in the press. According to a New York Times article, some small ATVs imported from China and marketed for young children are unsafe. Some lack front brakes or come equipped with sharp handlebars that may cause injury. Others are designed with a narrow wheel base that makes the vehicles more likely to flip over. The situation has deteriorated to such an extent that, at one port in this country, customs officials seized a ship's cargo of Chinese ATVs because they did not meet United States safety standards.

Because there is a demand in the United States for inexpensive, ATVs made for children, Chinese manufacturers seem willing to cut corners in their design and production in order to capture market share. The less it costs these companies to make child sized ATVs, the cheaper the price they can charge, the more ATVs they will sell, and the more profit they will make. Because these vehicles are low-priced, more and more of them are sold to Americans every year.

And it's not just ATVs. More faulty products of all kinds have been entering the United States. Last year, Congress finally took action and passed the Consumer Product Safety Improvement Act which applies to many consumer products. Under the new statute, safety standards for the design of ATVs are mandatory. Previously, they had been voluntary. Remember, however, that ATVs do not have to meet the same federal safety standards that cars and trucks do. This means ATVs will continue to be more dangerous than they should be. What can you do?

First, think twice about whether it is a good idea to buy any ATV, American made or a Chinese import, for a child under 12. ATVs are not toys. They are powerful, potentially dangerous machines, and children don't have the driving experience or judgment to handle them safely. Avoid buying ATVs over the internet. You will want to examine the vehicle you buy first hand. Test its brakes and steering mechanism. Consider the width of its wheel base and ask yourself if it is more likely than other ATVs to tip over on rough terrain. Look for obvious manufacturing and design flaws. Where your children are concerned, you can't be too careful.

Labels: motor vehicle accidents, personal injury

When I drive down country roads in Southside Virginia and glance off road to see a small pack of ATVs flying over rough terrain, it looks like great fun for all ages. However, as a personal injury attorney I know there are two sides to the story. A well trained and careful ATV driver operating a well designed and properly manufactured all terrain vehicle can enjoy a safe ride. However, a child or adult who drives recklessly or has the misfortune to operate a defectively built ATV is likely to become involved in a serious accident and suffer life-threatening injuries.

Today, let's talk about ATV driver safety. As the popularity of ATVs has increased over the years, so have injuries and deaths. In 2006, there were 750 reported deaths in ATV-related accidents. In addition, 146,000 people were treated in emergency rooms for ATV-related injuries. What do the experts recommend to help reduce this tragic toll?

Training courses are important for all ATV operators. These courses are offered in many locations and are often free. Experience is critical for drivers who ride on uneven and sometimes steep terrain. Formal, hands-on training will teach a new ATV operator how to handle situations he is likely to face while operating his vehicle.

In Virginia, all ATV riders must wear helmets. It's the law: Va. Code Section 46.2-915.1A. The reason is obvious. There is a high risk of head injury in ATV accidents, and helmets may help reduce the severity of a head injury. Not all helmets are alike. Make sure yours is in good condition and is certified by the United States Department of Transportation and/or the Snell Memorial Foundation. Given the dangers associated with ATV use, wear goggles, gloves, boots, long pants, and long sleeved shirts when operating your ATV. If you are in an accident, this gear may protect you from cuts and abrasions.

Other safety tips:

• Do not carry a passenger on your ATV. An ATV operator must remain in control of his vehicle at all times, and this requires interactive riding. Often the driver must shift his weight and body in different directions to successfully negotiate changing terrain. Passengers may make these maneuvers more difficult or even impossible.


• Stay off paved roads. ATVs are not designed for use on paved roads. In fact, they are more difficult to control on a road or street. And, of course, an ATV is no match for a car or truck in a vehicular collision.


• Children under age 16 should not drive or ride ATVs designed for adults. Children under 16 who are riding adult ATVs are twice as likely to be injured as those driving youth ATVs.

Labels: motor vehicle accidents, personal injury

Recently a local newspaper headline caught my eye, "Group rates Virginia near bottom for road safety." For personal injury lawyers like me, road safety is a top priority. Every day I see the damage, both physical and emotional, caused by car, truck and motorcycle accidents. As a result, my colleagues and I try to promote state legislation that will enhance the safety of people traveling our roads and interstate highways.

When I saw the article, I immediately wondered what group had given Virginia such a bad rating and why. It turns out the organization is Advocates for Highway and Auto Safety (AHAS), an alliance of consumer, health, and safety groups, as well as insurance companies and their agents.

Every January for the past seven years the coalition has released a "report card" that grades all 50 states and the District of Columbia on their performance in enacting and maintaining 15 model traffic safety laws. This year the report focused on three areas the advocacy group believes need stricter laws and stronger enforcement: text messaging, graduated driver licensing (GDL) programs and ignition-interlock laws for drivers convicted of drunken driving offenses.

For the first time, AHAS is supporting an all-driver text messaging ban. Over the past several years, studies have shown that text messaging while driving is probably more dangerous than driving while intoxicated. With regard to teen driving, although many states have already adopted some form of graduated driver licensing legislation directed at teens, AHAS is encouraging even stricter regulation including setting the minimum age for a learner's permit at 16 and requiring applicants for unrestricted licenses to be 18.

AHAS also continues to push for other legislation including all-rider motorcycle helmet laws, primary enforcement seat belt laws, child booster seat laws covering children ages 4 through 7, mandatory blood-alcohol testing for all drivers who are killed or who survive a crash in which there is a fatality, and open container bans in vehicle passenger areas.

So where does Virginia fall short and why is it listed in the "worst states" classification, joining only 8 other states in this category? First, no state has enacted all 15 model laws. However, the so called "best" states have enacted anywhere from 9 to 13.5 of the proposed pieces of legislation. The worst states have adopted only 3 to 6.5 of the suggested laws. Virginia's "report" card stands at 6.

Virginia has failed to meet 10 AHAS standards. Our legislators have not adopted laws which would mandate (1) blood-alcohol testing of drivers involved in fatal accidents, (2) open container bans, (3) use of an ignition locking device which would prevent convicted drunk drivers from driving while intoxicated, or (4) the requirement that applicants be 16 years of age or older before obtaining a learner's permit.

The principal reason Virginia ranks so low in the AHAS ratings, however, is its failure to enact so called "primary enforcement" laws. Many safety statutes in Virginia are "secondary enforcement" laws. This means they can be enforced only if a driver or vehicle is lawfully stopped by a law enforcement officer for another traffic infraction.

It works this way. Let's say you're text messaging while driving and a police officer observes only this violation. Under Virginia law, he can't stop you and charge you with the text messaging violation. However, if he sees you texting and he also clocks you traveling at a speed in excess of the speed limit, the officer can stop your vehicle and cite you not only for speeding but also for text messaging while driving.

Safety advocates believe "secondary enforcement" laws are weak. They don't deter the illegal behavior they're designed to curb. I agree. If and when you talk or write to your state legislators, encourage them to adopt "primary enforcement" laws. Virginians will be safer when they are enacted.

Labels: motor vehicle accidents

Recently I wrote a post about Toyota's massive 2009 recall of 4,000,000 Toyotas cars because of sudden acceleration problems. This was the largest auto recall in the nation's history, and it followed a car accident, involving a Toyota, that caused four fatalities. An investigation indicated that a floor mat had jammed the accelerator pedal preventing the driver from slowing down his vehicle.

Now, Toyota has issued another recall for a different accelerator defect. This time 2.3 million vehicles are involved. In the company's press release, a Toyota representative said "there is a possibility that certain accelerator pedal mechanisms may, in rare instances, mechanically stick in a partially depressed position or return slowly to the idle position." The company says the defect worsens over time and should be fixed promptly.

The Toyota vehicles subject to the new recall are the following:

2009-10 Corolla
2009-10 Matrix
2005-10 Avalon
2007-10 Camry
2010 Highlander
2007- 10 Tundra
2008-10 Sequoia

According to Toyota, the new defect has nothing to do with the poorly designed floor pads that precipitated the earlier recall. Rather, it involves a specific accelerator pedal assembly from a particular supplier. Unfortunately, however, of the 2.3 million vehicles Toyota has now recalled, 1.7 million may have both the floor pad and the sticking accelerator problems.

The 2010 recall relates to what Toyota terms a "wear issue." The vehicle operator may notice, at some point, his accelerator doesn't operate as smoothly as it used to. Should your accelerator stick while you're driving a Toyota, the company advises that you brake firmly and steadily. Do not pump the brake. Steer your vehicle to a safe place off the road, turn off the engine, and call Toyota.

If Toyotas two recalls weren't bad enough, there's another you should be aware of. News sources report that 1.5 Graco strollers sold at Wal-Mart, Target, and many other retailers have been recalled. Affected brands include Passage, Alano and Spree Strollers and Travel Systems. The defective strollers come equipped with a plastic, jointed hinge mechanism designed with indented canopy positioning notches.

Several small children have had fingertips amputated by the hinges that are used to open and close the stroller canopies. Other children have suffered cuts and lacerations. If you have one of the strollers subject to recall, contact Graco for a free protective cover repair kit.

Labels: motor vehicle accidents

Failure to pay attention to motor vehicle recall notices we receive in the mail or hear about on TV or in the newspaper can lead to serious car and truck accidents. As a personal injury lawyer in Petersburg, Virginia, I know from professional experience that motor vehicle or other product defects can cause severe injuries and even death. Therefore, I suggest you pay close attention whenever you learn of a manufacturer's recall.

What brought this issue to mind? Recently, I read that Toyota had recalled various Toyota and Lexus models after reports of one or more accidents involving unintended vehicle acceleration.

One story was particularly horrifying. Last August, an off-duty California Highway Patrol officer was driving near San Diego when he realized his car was suddenly accelerating, and he couldn't slow down or stop. In panic mode, his wife telephoned 911 to report they were travelling at 120 miles an hour and couldn't slow down. Shortly thereafter, the vehicle ran off an embankment, crashed, and caught fire. Four people were killed. What had happened?

An initial investigation indicated the floor mat on the driver's side had trapped the accelerator pedal. Owners of about 4 million Toyota and Lexus automobiles were warned to remove the floor mats immediately. The car company issued a recall and will begin fixing the problem early this year. First, the floor mats will be redesigned to reduce the risk of pedal entrapment due to floor mat interference.

Two further modifications have also been proposed. Toyota will shorten the accelerator pedal by about three-quarters-of-an-inch. Eventually, it will replace the pedals altogether.

Most important, in my opinion, however, is the company's decision to install a brake override system. This system will ensure a vehicle will stop even if the accelerator and brake are applied simultaneously. In other words, the brake will override the accelerator. In practice it will mean that, if an accelerator is entrapped for some reason and remains depressed, the driver only has to depress the brake to stop the car.

If you own a Camry, Avalon or Lexus 350, IS 350 and IS 250 models, check with your dealer to determine if your vehicle is one of those affected by the recall.

In the future, whenever you hear about a recall, ask yourself the following. Do you own the make and model vehicle subject to recall? If the recall doesn't involve a car or truck, does it include another type of product you have like a baby crib? If the answer to the first question is yes, take your car, truck or motorcycle to the dealership for repair as promptly as possible. If the product is not a motor vehicle, follow the manufacturer's guidelines for having the defect repaired. Your safety or a family member's may be at stake.

Labels: motor vehicle accidents

Good News! Shortly before Governor MacDonnell's inauguration, he announced plans to reopen the state's highway rest stops within 90 days. As a Virginia personal injury attorney who has handled many motor vehicle accident cases over the past thirty years, I know that sleepy drivers cause car and truck accidents.

Although Virginia faces a serious budget shortfall, the State's decision last summer to close rest areas along Virginia's interstate corridors put both drivers and their passengers at risk. This was particularly worrisome in Petersburg and Southside, Virginia because two of the state's busiest interstate highways, I-95 and I-85, cut directly across the region.

Statistics have long supported the relationship between tired drivers and motor vehicle accidents. Years ago, the National Highway Traffic Safety Administration (NHSTA) reported that driver fatigue was responsible for as many as 100,000 crashes a year. It is likely that 1500 people or more die every year in accidents caused by drivers who lose control of their vehicles when they nod off. In truth, the figures are likely higher because drivers often don't admit they fell asleep at the wheel or they don't realize they dozed off.

Reopening rest stops won't keep all tired drivers off the road. However, it may encourage some tired drivers to catch a little "shut eye." If only a handful of lives are saved every year as a result, it will be worth it.

As soon as the state removes the orange cans blocking the entrances, drivers should begin to take full advantage of the rest areas. This is true for everyone, of course, but for truckers who have operated their rigs through the night, for 11 hours straight without sleep, or for worn out long distance drivers traveling from Florida to New York, a stop and a nap are essential. This admonition is just as important for local drivers headed home early in the morning after working the night shift or after leaving a bar at 2 a.m.

Most drivers are in a rush to reach their destination. But don't forget the most important thing, to get there safely. When your head begins to drop and you catch yourself about to fall asleep at the wheel, turn up your radio, drink some coffee if you have some handy, and get off the road and into a safe parking place as quickly as possible. And, if you're on the interstate, pull off at the next rest stop. It they aren't open yet, they will be soon.

Labels: motor vehicle accidents

In the past, I have written about the dangers of driving while talking on a cellphone or texting. As a personal injury lawyer who reads studies that link cellphone use to accidents, I know drivers who operate their cars and trucks while chatting on cellphones or texting can sometimes be as dangerous as those who drive while intoxicated.

Some states, like Virginia, have enacted statutes that proscribe cellphone use or texting while driving, but only under certain circumstances. Some states have laws that are more stringent than others. In Virginia, for example, it is against the law for a driver with a provisional driver's license (typically a teenager) to use a cellphone while operating a motor vehicle.

Unfortunately for some drivers, the frequent use of cellphones while driving to school, work, and the mall is a hard habit to break. Although limiting cellphone use is simple - just press the "off" button - many Americans find this almost impossible to do. Now some high-tech gadgets have come to the rescue.

New companies with names like Zoomsafer, Aegis Mobility, and obdEdge are offering technology which automatically disables cellphones carried in moving vehicles. Let's say you are driving your child to school and have your cell phone with you. You may have left the device "on." However, once your car starts moving, the new gadgets will disable your phone so that no one can call you and you can't call out either.

How do these systems work? They restrict the use of phones based on information derived from one or more of the following sources: the phone's GPS signal, data that comes from the car itself, or information picked up by nearby cellphone towers. What happens once the system detects you're driving and trying to use your phone? Incoming calls are re-routed to voice mail or a standard message will tell the listener the phone's owner is driving.

There are customers for these devices although not necessarily the drivers themselves. Employers sometimes want to make sure their drivers adhere to company bans on cellphone use. Some have found these bans help reduce the accident rate for their drivers and ultimately help lower liability insurance premiums. Then there are parents who understand how dangerous it is for teenagers to drive while talking on cellphones or texting. They want to find out if and when their teens are using cellphones when they shouldn't be.

Auto liability insurance companies are supporters of the new technology. Nationwide has indicated that customers who employ one company's call-blocking service may be eligible for a 5% discount on premiums. Other insurance companies are contemplating similar offers.

Yes, there are ways a driver can override one of these new systems. However, when this happens, some companies offering the new technology will automatically send e-mail messages to account administrators notifying them the cellphone is in use while the car is moving. This can spell trouble for a driver when the account administrator is a parent or employer!

Of course, the best and cheapest solution to the problem of using your cellphone while driving is self discipline. Press your cellphone's "off" button before you enter your car and keep it in the "off" position until you reach your destination.

Labels: motor vehicle accidents

Recently, I read two articles that reminded me of the dangers associated with riding a motorcycle. I understand that nothing I say, as a Virginia personal injury lawyer, will likely deter someone who loves the excitement of a motorcycle ride from getting on his bike and taking off. However, maybe after reading this article, some motorcyclists will think more carefully about their own safety and the safety of others.

The first article that came to my attention was the obituary of Hugh Hurt who died in December. Mr. Hurt was a safety engineer who, in 1981, conducted a detailed study of motorcycle accidents for the National Highway Traffic Safety Administration (NHTSA). Mr. Hurt and his team investigated 900 motorcycle accidents that had occurred in the mid 1970s.

To ensure accuracy, the investigators visited each accident scene at the same hour and on the same day of the week the accident had occurred so they could duplicate traffic conditions. Weather was important as well so team members visited each scene under weather conditions similar to those at the time of the accident. The investigators took multiple photographs, examined vehicle wreckage, measured skid marks, studied relevant police reports, and interviewed motorcycle operators who had survived their accidents.

Although Mr. Hurt's study was performed almost thirty years ago, many of his findings are still relevant today. First and most important, the study showed that use of motorcycle helmets meeting official specifications reduced head injuries significantly.

In 1975, as many as 47 states had laws mandating helmet use by motorcyclists. Since then, however, despite overwhelming evidence that helmets decrease head injuries, state legislatures have bowed to the loud opposition of cyclists who prefer to ride without a helmet. As a result, only about 20 states have laws today that require motorcycle operators and their passengers to wear helmets. In 2008, NHTSA reported that when a motorcyclist rides without a helmet he is 40% more likely to sustain a fatal injury than the cyclist who does wear a helmet.

Mr. Hurt's study highlighted other findings. Car and truck drivers frequently don't see motorcyclists in time to avoid accidents. This is especially true at night. Accidents most frequently occur when a motorist turns left, directly into the path of an oncoming motorcycle. For these reasons, motorcyclists should wear bright clothing and reflective gear. They should also put reflective tape on their bikes.

Unfortunately, many cyclists are not as proficient as they should be in handling a motorcycle and controlling skids. Advanced motorcycle handling courses are offered in most communities, and these classes will help cyclists improve their skills.

This brings me to the second article I read. According to the World Health Organization, traffic accidents kill an estimated 1.27 million people a year globally, and about half of the victims are pedestrians, bicyclists, and motorcyclists. Operating a motorcycle on our roads and highways is risky business. Always wear your helmet. Make certain you and your bike are in plain sight of other vehicles by wearing clothing made of bright, reflective material. Remember that the more colorful your bike is the more visible it will be to others. Finally, sharpen your motorcycling skills so you can become a better defensive driver.

Labels: motor vehicle accidents

While driving, I always try to glance at my outside rearview mirrors periodically to see what's going on in traffic around me. As a car accident lawyer with offices in Southside, Virginia, I am surprised again and again by the incredible number of ways an accident can happen. Sometimes my clients' stories sound like Ripley's Believe It or Not. They remind me you can never be too vigilant or keep too close a lookout for vehicles, pedestrians, and bicyclists nearby.

One thing I almost always do before I move my car to the left, into the passing lane, is glance over my left shoulder and look for vehicles that may be travelling directly beside my car. Most of us are familiar with the fact that tractor trailers and other large trucks have blind spots or no zones. This means that even if the truck driver looks in his outside rearview mirrors, he often can’t see a smaller vehicle coming alongside his truck. The same is true, although to a lesser degree, for automobiles.

You may have noticed that some big trucks are equipped with long, rectangular outside mirrors which contain smaller, round mirrors within them. This round mirror is designed to help the trucker better observe vehicles just behind and beside him. Some automotive manufacturers are now including a similar feature in automobile outside rearview mirrors.

Ford Motor Company’s "Blind Spot Mirror" works like this. Within the continuous glass surface of each outside rearview mirror, in the top outer corner, is a secondary convex "spotter," a small second mirror. This "spotter" is aimed exclusively at the driver’s blind spot, the space beside his car that he can’t see in an ordinary mirror. When traffic enters this zone, on either side, the driver will see it in the secondary convex mirror.

Aftermarket convex mirrors are available and can be affixed to standard exterior mirrors. However, factory installed "spotter" mirrors are designed specifically for a particular make and model vehicle. Consequently, they are more likely to provide an optimal view of surrounding traffic. Most important, of course, is that these new mirrors will alert drivers to imminent danger. Moreover, they are not difficult for drivers to use or get used to. The more safety features like this that auto manufacturers offer customers the fewer accidents there will be on America’s highways.

Labels: motor vehicle accidents

As a personal injury lawyer in Southside Virginia, I'm always interested in new automotive safety technology. Recently, I was surprised to read about the introduction of the inflatable seat belt. Apparently, this belt will be provided as an option on the 2011 Ford Explorer. Eventually, it will be available on all Ford models.

I've written about seat belts in previous blog posts because I believe fastened seatbelts save lives. Statistics back me up. In a September, 2009 Traffic Safety Facts Research Note, the National Highway Transportation Safety Administration (NHTSA) states that seat belt use has continued to rise since 1994. During the same time period, there has been a steady decline in the "percentage of unrestrained passenger vehicle occupant fatalities during daytime."

According to a National Occupant Protection Use Survey (NOPUS) undertaken by NHTSA's National Center for Statistics and Analysis, 84% of motor vehicle occupants used seat belts in 2009, an increase from 83% in 2008. Interestingly, seat belt use is higher on weekends than on weekdays.

In addition, wherever state law allows law enforcement officials to ticket vehicle occupants simply because they are not wearing seat belts (such state statutes are referred to as "primary enforcement laws"), seat belt use is higher than it is in states, like Virginia, with weaker enforcement laws. In Virginia, for example, a police officer can only give a traffic citation to cite a vehicle occupant for failure to wear a seat belt if he stops the vehicle for another traffic infraction.

Let me return to Ford's inflatable seat belt. It will be a combination seat and airbag. While most automobile manufacturers have focused on safety protection for front seat passengers, Ford's inflatable seat belt is designed to restrain passengers sitting in rear seats, seats commonly occupied by the elderly and young children.

How will the inflatable seat belt work and why is it safer than rear seat belts installed in today's vehicles? First, inside the belt's fabric covering, there is an accordion folded bag. The compressed air used to inflate the seat belt flows through the belt buckle and comes from a canister housed beneath the seat. On impact, the bag fills with gas and breaks through the fabric. As it does, the airbag expands diagonally across the occupant's upper body spreading the force of the crash over a much larger body area than the ordinary seat belt does.

The executives at Ford hope the new inflatable seat belt will reduce injuries to rear-seat passengers. I hope so too!

Labels: motor vehicle accidents

Many pedestrians don't understand Virginia law. They believe pedestrians always have the right of way. Moreover, they assume that if a car hits them it is only the driver's fault, never theirs. As a plaintiff's personal injury lawyer, I can tell you this is not always the way it works in our state.

In Virginia, pedestrian personal injury cases are among the most difficult ones to win. The reason is that a pedestrian is charged with several important duties or responsibilities when he enters, crosses, or walks on the traveled portions of a road. First, he must use ordinary care to keep a lookout for motor vehicles. Second, he must not enter or cross the traveled portion of a roadway if traffic is approaching so close and in such a manner that a reasonable person would not enter or cross the road. Finally, he has a duty to step from his course into a place of safety if it reasonably appears he is in danger of being struck by a motor vehicle.

If a jury finds the pedestrian failed to perform one or more of these statutory duties and this failure contributed to cause the accident and his injuries, then the pedestrian will lose his case. Why? Under Virginia law, a plaintiff who makes a claim for injuries and damages arising out of an accident cannot prevail if he negligently contributed to cause the accident. This is true even if the defendant's negligence was the primary cause of plaintiff's accident, and the plaintiff's negligence was slight.

This may not sound fair. However, Virginia has adopted the legal doctrine of "contributory negligence." In practice, this means that any negligence of the plaintiff which caused or contributed to cause his accident will bar him from making any recovery. A Virginia jury may not compare the negligence of the parties.

Unlike Virginia, most other states have enacted comparative negligence laws which allow juries to apportion fault. In these states, a jury may compare the negligence of the parties and bring back a verdict in favor of the plaintiff, even if jurors believe there was some negligence on the plaintiff's part that caused the accident.

How might the doctrine of contributory negligence play out in a Virginia courtroom where a plaintiff has sued a defendant for damages arising out of a motor vehicle accident? Let's say the defendant was driving 20 miles over the speed limit as he approached the plaintiff who was walking across the street in a crosswalk. The speeding car struck the plaintiff and injured him.

At trial, the plaintiff testifies he looked both ways before he stepped into the roadway, and he never saw the defendant's car before it hit him. The jurors don't believe him. They think the defendant's speeding vehicle was close enough and moving fast enough that a reasonable person would have seen it, realized how fast it was travelling, and not stepped off the curb and into the road. Under these facts, a Virginia jury would not compare the fault of the two parties. Instead, it would bring back a verdict against the plaintiff and in favor of the defendant who was speeding. The plaintiff would recover nothing for his injuries. Many of us would consider this a harsh result for a person who was badly injured by a speeding driver. However, it does remind us that everyone has a responsibility to act prudently and reasonably to ensure his own safety.

Labels: motor vehicle accidents

Writing about parking lot accidents the other day reminded me just how dangerous it is for pedestrians as they enter and walk across parking lots, especially those surrounding big malls and grocery stores. Over the years, as a personal injury attorney, I have represented many Southside Virginia pedestrians who have been struck and injured in collisions with cars, SUVs, and pick-up trucks.

When most of us cross parking lots there are no sidewalks or dedicated pedestrian walkways to follow. We walk on the edge of vehicle travel lanes trying to keep out of the way of passing traffic while not getting too close to the rear-ends of parked cars either. It's a real balancing act and a dangerous one. We assume drivers in the travel lanes will see us when we walk near their vehicles, especially in broad daylight. We also assume drivers in parking spaces will look into their rear view mirrors before they begin to back up and see us as we approach. Unfortunately, this is not always the case.

There are many reasons why drivers don't see pedestrians who are close by. Sometimes, the pedestrian is walking in a driver's blind spot at the moment the driver looks in his mirrors. It isn't as if he hasn't looked. He has. The pedestrian simply hadn't yet entered the space the mirror reflects at the time the driver looked in it.

Sometimes a driver turns a corner from one aisle into another, and he can't see around the corner before he turns. If a pedestrian is walking close to the end of the aisle into which the driver is turning, the driver may not see him until it's too late to stop. There are also drivers who simply aren't paying attention. They may be in the process of using their cell phones, bending over to pick up something, or talking to passengers as they cruise the mall parking lot.

The upshot of all this is that you can't depend on drivers seeing you. It is up to you, the pedestrian, to watch out for them! So when you next walk through a parking lot, be on guard at all times. Don't let yourself be distracted by your own thoughts or by conversations with a companion.

Your "job" is to negotiate the parking lot safely. Watch for activated tail lights along parking aisles. They may indicate a driver is about to back out of a parking space, directly into your path.
Remember, just because you may be walking inside a marked crosswalk in front of a store does not mean an oncoming driver will always notice you. Look into the faces of drivers whose vehicles are headed your way. Try to make eye contact with them before you enter the crosswalk to ensure they see you and are slowing down. One wrong assumption on your part - that a driver sees you and is going to stop - can spell disaster.

Labels: motor vehicle accidents

One of the most dangerous things I do on a regular basis is back out of a parking space at a shopping mall or grocery store. Visibility is limited on both sides of my car. On more than one occasion, I have come close to striking a pedestrian who suddenly walked into the space directly behind my vehicle. He or she hadn't been there when I had looked in my mirrors only a moment or two before. More often than not I find myself inching out of the parking space, counting on the cars or pedestrians in the cross traffic to see me and stop before they enter my travel path.

I recall times when I have glanced into my rear view mirror before moving backward only to see the vehicle parked in the space opposite mine, suddenly begin to back up at the same time. It's unnerving. As a personal injury lawyer in Southside, Virginia I know how frequently parking lot car accidents can and do happen. Therefore, whenever possible, I park my car facing the traffic lane. I do this either by backing into the parking space or by driving through one empty space into the next space where I can park facing the travel lane.

Fortunately, help is on the way. Some automobile manufacturers are offering original equipment designed to warn drivers, who are in the process of backing up, that motor vehicles and pedestrians are approaching. Ford Motor Company calls one of its products, first developed by Volvo, the "Cross Traffic Alert with Blind Spot Monitoring System."

As you would imagine, Ford's monitoring system is a radar based feature. Two multiple beam radar modules are packaged and housed in the vehicle's rear quarter panels - one on each side. The radar recognizes vehicles as they enter the driver's blind spot. Immediately, an indicator light will flash on the appropriate side view mirror to warn the driver of an approaching car or truck. An audible alert will sound as well.

The radar associated with The Cross Traffic Alert feature picks up objects moving within a 65-foot range from either side of the vehicle. The system works when a vehicle in reverse mode is exiting from either an ordinary parking space (one situated at a 90 degree angle to the travel lane) or an angled parking space. It should also help when you are backing out of your own driveway.

When you buy your next car, ask the automobile dealer whether the vehicles he sells are equipped with parking and back-up safety features. If you buy a vehicle with this kind of equipment, I think your next visit to a busy mall or grocery store parking lot will be safer for you.

Labels: motor vehicle accidents

During the summer, I attended a wedding in Alabama. When I got to the airport rental car counter, the auto I had requested was not available so I rented a Toyota Prius, just to see what it was like to drive a hybrid. I enjoyed the quiet ride, and the gas mileage really impressed me.

Several months later I read a study about an unanticipated danger associated with hybrid electric passenger vehicles (HEV). Apparently, pedestrians and bicyclists are at higher risk for accidents involving hybrid electric vehicles (HEV) than they are for accidents involving vehicles with internal combustion engines (ICE). As a personal injury attorney who handles many car accident cases I wondered what accounted for this variance and under what circumstances?

The study, distributed by the National Highway Transportation Safety Administration (NHTSA), suggests that crashes with HEVs and ICEs involving bicyclists and pedestrians often happen in daylight, in good weather, and on roadways with low speed limits. Even under good traffic conditions, the incidence rates for such crashes are higher when HEVs are involved compared to ICEs. Why?

To figure this out it's necessary to look closely at the facts surrounding the accidents themselves. Engine type - hybrid electric or internal combustion - plays a more important role in crashes involving pedestrians and bicyclists when a vehicle is slowing, stopping, backing up, entering or exiting a parking space. In fact, according to the study the HEV "was two times more likely to be involved in a pedestrian crash in these situations than was an ICE vehicle." The reason appears to be the difference in sound level produced by the two different vehicles during these low speed maneuvers.

In addition, the incidence rate for pedestrian/vehicle collisions when a vehicle is making a turn is higher for HEVs in comparison to ICE vehicles. To the contrary, there is no real difference in pedestrian accidents when both types of vehicles are travelling straight.

What can we conclude from these findings? From childhood we are taught to keep a proper look out for vehicles when we are on or near a roadway. We are trained to look both right and left for vehicles travelling straight in front of us before we cross a street. What we don't realize is that sound, not just sight, also plays a critical role in our safety especially in situations where we are not aware of impending danger - the car that suddenly begins to back out of a driveway or pull out of a parking place. In these cases, it is sound not sight that frequently alerts us first to unforeseen dangers.

With more and more hybrids on the road, we need to remember they are quieter than the usual internal combustion autos and trucks we're used to. This means we must remain on high alert for them in all situations. There's even talk that manufacturers may add a "noise" component to hybrid and electric cars, something analogous to the "beep" we hear when garbage trucks back up. This could help alleviate the problem as well. We'll see.

Labels: motor vehicle accidents

From time to time when I'm driving along Interstates 85 and 95 near Petersburg, Virginia where I work as a personal injury lawyer, I find myself slowing down as I see traffic grinding to a halt ahead. If I'm lucky, I can get off at a nearby exit and make a detour around a car or truck accident. If not, I may be stuck in traffic a long time.

When I approach a multiple vehicle accident, I often learn it was caused by one or more rear-end collisions. Most of these collisions are preventable. A driver who maintains a proper lookout, drives within the speed limit, and keeps an appropriate distance between his vehicle and the one directly in front of his should be able to avoid striking the vehicle ahead. Unfortunately, we all have momentary lapses when we take our eyes off the road for one reason or another. It's often during one kind of distraction or another that these accidents occur.

At last, automobile manufacturers are paying attention and are beginning to take advantage of today's sophisticated technology to help prevent rear end collisions. Recently, Ford Motor Company introduced what it calls an "advanced 'active' collision-avoidance technology" which is available on some of its new models.

Called "Adaptive Cruise Control with Collision Warning with Brake Support," the new technology uses radar to detect moving vehicles directly ahead. Once radar senses the potential for a collision, a warning system is activated. The driver will hear a loud beep and see a red warning light projected on the windshield in front of him. In addition, the system precharges the vehicle's brakes and engages a brake-assist function that allows the vehicle operator to achieve maximum braking quickly once he has engaged the brakes.

How does the new technology work? With Ford's adaptive cruise control, the driver will set his car's cruising speed. Then, the radar feature will monitor traffic travelling up to 600 feet ahead of the car. When necessary, the cruise control will automatically adjust the auto's speed to keep a safe distance between vehicles. The warning system will kick in when the radar sensor detects slower moving traffic ahead. A visual warning to the driver will flash on the windshield. Likewise, the driver will hear an audible warning of danger ahead. As he starts to brake in response, an electronic brake assist will also help him stop faster.

It sounds to me that as more and more automobile manufacturers begin to adopt this kind of technology to make cars and trucks safer, the fewer accidents, injuries and deaths there will be on our highways and roads. That's a good thing and long overdue.

Labels: motor vehicle accidents

As I approached an intersection in Colonial Heights, Virginia near I-95 the other day, I wanted to turn right onto Route 1. Directly in front of me was a tractor trailer approaching the same intersection. I couldn't tell what it was doing. It seemed to be straddling two travel lanes. Was it going to turn right, left, or go straight?

I was in a hurry myself, and all I wanted to do was turn right onto Route 1 and be on my way. There appeared to be enough roadway on the truck's right to allow me to slip by the truck and make my turn. But as I was about to pass the truck, a small placard on the back of the tractor trailer caught my eye. On it were written the words: "Caution - Wide Turns." Beneath the text was a diagram showing a truck that was making a wide right turn and cutting off a small vehicle sitting just beside it.

In a flash, I slowed down and stayed behind the truck. As a Virginia tractor trailer accident lawyer, I realized immediately what might happen if I passed the truck on the right. I could be caught in what truckers call a "squeeze play."

To make a right turn, large trucks, including tractor trailers, tankers, pole trucks, and logging trucks, often swing left as they begin to negotiate a right turn. That's because very large vehicles are not able to make what I would call a sharp right turn, close to the curb. They must make a wide turn. This maneuver can cause an accident when a car tries to pass between the truck and the curb just as the trucker begins to make his turn. How and why does this happen?

When an ordinary size car moves directly alongside a large truck, it enters the truck's blind spot or "no zone." Even if the trucker looks in his side view mirror, he can't see the vehicle traveling beside him. You might think all a trucker needs to do is look out his passenger side window and he will see the smaller passenger vehicle. After all it's in plain view, so why wouldn't the trucker see the car?

The fact is that a tractor trailer driver sits up so high in the driver's seat of his truck that he can't see the car when he looks across the cab of his truck and out the passenger side window. He can't see the car in the side view mirror either because it's traveling in his blind spot. As a result, the truck driver doesn't know there's a vehicle beside him, and he begins to make his turn directly in front of the car!

Suddenly, the automobile is caught between the curb and a truck moving in its direction. The car driver finds that he is squeezed between the truck and the curb with no place to go. The two vehicles collide. Unfortunately, the family car is no match for the 60,000 pound tractor trailer. And automobile occupants can be seriously injured in this type of accident.

So always remember if you're tempted to sneak by a large truck on the right so you can make a quick right turn, yield to the truck, not to temptation. You don't want to become an accident statistic.

Labels: motor vehicle accidents

A few months ago, I read a sad newspaper story describing an accident in which a pedestrian had been struck and killed by a bus at a busy city intersection. The accident occurred in broad daylight as the pedestrian crossed the street. As a personal injury lawyer who handles pedestrian, car and bus accident cases, I know how frequently pedestrians are struck down by motor vehicles -- even when the pedestrian is crossing the street inside a crosswalk.

Here are some things to remember when you walk to an intersection and prepare to cross a street. Pedestrians and bicyclists are at high risk whenever they cross streets, so keep a proper lookout before you enter the roadway. Look both right and left and make yourself aware of every vehicle that's nearby. If there's a vehicle close to you that's still moving as you're about to enter the street, think twice before you walk out in front of it. The driver may be planning to stop, but then again he may not. And don't even think about trying to run across the street to beat oncoming traffic.

Sometimes, because of conditions on the street corner, be it construction, a crowd of people, or parked vehicles, a driver may not see you even though you can see him. There are also drivers who become distracted and take their eyes off the road just at the moment you step into the street. They may have a baby inside their car who starts crying or they may reach for something that dropped to the floor. In both instances, they are likely to take their eyes off the road for just a second or two, but that's all it takes for an accident to happen.

Where a bus driver is involved, the distraction risk may be higher. It is not unusual for bus passengers to get into altercations with each other or start yelling at one another. One or more children may start running up and down the bus aisle. Suddenly, the driver's attention is drawn to what's happening inside his bus, not what's happening on the street outside, where you are walking. Although it is true that a city bus driver must have a commercial driver's license to operate a public bus, that doesn't necessarily mean he or she is a safer driver.

In the end, it's up to you. You can never assume the driver of a motor vehicle will see you or stop for you as you cross a street -- even in the daytime or on a well lit street at night. So whenever you're about to cross a highway, road, or street, make sure you can do so safely before you start across.

Labels: motor vehicle accidents, personal injury

I like passing on good news. The National Highway Transportation Safety Administration (NHTSA) recently published its statistics on deaths and serious injuries resulting from motor vehicle crashes that occurred on the nation's highways in 2008. I am glad to report that ten percent fewer people died last year in car, motorcycle, and truck accidents than in 2007, a "savings" of almost 4,000 lives.

In the same time period, the number of crash injuries (to automobile and truck occupants, motorcyclists, and pedestrians) also fell by about 145,000. Nevertheless, despite this improvement, approximately 102 people died in motor vehicle accidents in the United States every day in 2008. Motor vehicle crashes are the leading cause of death for people aged 3 through 34.

Why are the number of fatalities and injuries decreasing? I believe there are many reasons. First, NHSTA estimates that seat belt use saved over 13,000 lives last year. However, that number would likely have been 4,000 higher if all passenger vehicle occupants over the age of 4 had worn seat belts while driving. In addition, the lives of about 244 children under age 5 would have been saved had they been properly restrained.

Alcohol plays a major role in traffic fatalities, and there is more good news in this regard. In 2008, alcohol-impaired-driving fatalities decreased by 10 percent from 2007. Nevertheless, alcohol related fatalities still constituted 32% of total traffic fatalities, an increase from 30% in 1998! These are hard numbers to swallow when we recall that over the past decade many state legislatures have enacted harsh DUI criminal statutes aimed at curtailing the number of people who drink and drive. During this same time period, organizations like MADD have also worked hard to eliminate drunk driving.

What other factors have helped reduce the number of injuries and deaths on the road? As a personal injury attorney who handles automobile and trucking accidents on a regular basis, I believe our American tort system has also contributed to the lower number of injuries and deaths on the road. Under our civil justice system, individuals and companies can be held accountable when their negligent conduct causes injury to others. This serves as a deterrent to negligent behavior on the road.

Take the Ford Pinto scandal as an example. In the 1970s, Ford Motor Company manufactured two compact cars, the Ford Pinto and the Mercury Bobcat. After a number of serious accidents involving the automobiles, it was discovered the cars were designed in such a way that a rear end collision could easily damage the vehicles’ fuel tanks causing fires and explosions.

It was alleged that Ford knew about the design flaw but did not correct it because itdidn't want to pay the minimal costs of redesign. The public outrage at the time was enormous, and Pintos were recalled at considerable expense to Ford.

Subsequently, plaintiffs brought lawsuits against Ford citing the design defect that caused their catastrophic injuries or the death of a family member. As a result, the auto manufacturer was held accountable for its callous disregard of human life in courts of law. Ford's reputation suffered a devastating blow as the egregious facts smoked out by plaintiffs' attorneys came to light. The Pinto case is just one example of how manufacturers have been forced by the tort system to make safer cars.

If you want more information about Ford's irresponsible behavior, read the judicial opinion in one Pinto case: Grimshaw v. Ford Motor Co., 119 Cal. App. 3d 757 (4 Dist. 1981).

Labels: motor vehicle accidents

The holiday season is here again, and with it a likely increase in drunk driving and the accidents that happen as a result. As a personal injury lawyer in Southside Virginia, I have seen it year after year, innocent people killed or injured by drunk drivers. Because of the increased risk of death and injury on the road over the holidays, I make it a practice to stay off the highways late at night from Thanksgiving through the New Year's. Not everyone can or wants to do this, of course.

I wish I could tell you there are fewer drunk drivers on the road today than there were several years ago, but according to the National Highway Transportation Safety Administration, the opposite is true in states like Virginia. The number of alcohol-impaired male drivers involved in fatal crashes actually increased in Virginia from 2007 to 2008.

The situation is always worse at Christmas time. As Mary Peters, former Secretary of Transportation, noted in a December, 2007 address, "Each year, there is a late December spike in fatalities and it is tied directly to an increase in drunk driving during the holidays.... [Federal safety data numbers] reveal a daily death toll from drunk driving crashes during the Christmas and New Year's holiday periods that is significantly more than for the rest of the year."

So the question each of us faces is what can we do to reduce the chances we'll be involved in an accident involving drunk driving over the holidays? Here are a few suggestions.

For those of you who are driving, but not drinking, think about doing the following:

• If you see a motorist driving erratically and you believe he or she may be intoxicated, call the local or state police and report the suspicious behavior promptly.
• Never get into or onto a motor vehicle of any kind if you know or even suspect the person operating the vehicle has had too much to drink.
• Avoid driving in the late evening and early morning hours when drunks are most likely to be travelling on the road.

If you decide to drink alcoholic beverages at a party, dinner, or celebration:

• Arrange for a designated, sober driver to take you home.
• If necessary, call a taxi yourself or have a friend call one for you.
• Keep track of how much alcohol you drink and over what period of time to ensure you don't become intoxicated. Make sure you eat plenty of solid food.
• Before attending a party, consider making plans to say overnight at a nearby hotel you can walk to after the party ends.

As a host, you can take steps to help ensure your guests don't drink and drive:

• Serve a balanced mix of food, soft drinks, coffee, and alcoholic beverages.
• Watch for inappropriate behavior that suggests one or more of your guests may have had too much alcohol to drink. When this happens, make sure the guest drives home, as a passenger, with a sober friend. If there's no one available to take your friend home, call a cab.
• If all else fails, take away the guest's car keys.

Remember, it's up to each and every one of us to do our part to help prevent holiday drunk driving and the tragedy it causes.

Labels: motor vehicle accidents

As I was driving along I-95 from Washington to Petersburg the other day, a big tractor hauling a double trailer whizzed by me on the right. Whoosh! I was glad to see him gone. No one wants to be involved in an accident with an 80,000 pound tractor trailer. The consequences can be horrific.

Large trucks are everywhere on our highways today: tankers, pole trucks, reefers, logging trucks, and tractors pulling containerized cargo to name just a few. Some carry hazardous materials. You can't avoid them, and most of us feel helpless around these behemoths. Today I'd like to pass along several things you should keep in mind when you share the roadway with large trucks. I'll give you some safety tips as well.

Always keep in mind that the operational limitations of tractor trailers and automobiles are very different. Operate your vehicle accordingly.

Stopping
Your car may be able to "stop on a dime," but large trucks can't. They can't maneuver in traffic like your car either. For example, when it travels at 55 mph, an automobile can come to a full stop in about 265 feet. It takes a large truck around 313 feet to stop.

If that big truck directly behind you on the interstate is "tailgating," increase the distance between your vehicle and the truck or move into another lane of travel as quickly as you can do so safely. Why? If you have to stop suddenly for any reason and you slam on your brakes, the truck behind you won't be able to stop in time. It will crash into the rear of your vehicle most likely injuring you and your passengers.

Probably the most dangerous place for a small automobile to be on the highway is between two tractor trailers. Do whatever it takes, within reason, to escape from this vice, and it is a vice! If you have to stop quickly, the truck behind you will slam into your rear pushing you directly into the tractor trailer in front of you. In my work as a personal injury attorney, I've seen accident scene photos taken after this type of accident. Believe me when I say there's not much left of the car caught in between the two big trucks; it is usually crushed beyond recognition and so are its occupants.

Maneuverability
With today's advanced engineering, small vehicles and sports cars can zip in and around traffic with ease. Equipped with multiple gears and carrying shifting cargo, tractor trailers don't have the same maneuverability. This means that motorists who pull onto the highway from an entrance ramp and move quickly into the right travel lane immediately in front of a big truck are likely to get struck in the rear. The truck simply can't take evasive action fast enough to avoid a collision.

Small vehicles can cause trouble like this in other ways. After passing a truck, a car may move back into the truck's travel lane leaving little distance between the front of the truck and the rear end of the car. This is another prescription for disaster. Travel a good distance beyond the truck you have passed before you move back into its travel lane. Give all large trucks plenty of "breathing room."

Stay out of a truck's "no zones" and "blind spots."
Understand that a tractor trailer driver probably can't see your vehicle when you drive alongside him, behind him, or in front of him in a "no zone" or "blind spot." As a result, he may move into your travel lane or stop suddenly without warning. After all, he doesn't realize you're there so he's not thinking about your vehicle as he makes his maneuver!

Most vehicles have "blind spots," areas around the vehicle that the driver can't see in a side or rear view mirror. However, these "blind spots" are much more dangerous where tractor trailers are concerned.

First, big trucks don't have rear view mirrors. They don't have rear windows either. This means a truck driver probably can't see a vehicle close behind him. Side view mirrors usually allow a truck driver to see a car as it first approaches in a lane to the truck's right or left. Unfortunately, as the smaller vehicle moves alongside the truck, closer to the cab, the vehicle often disappears from sight in the side view mirror. When your car reaches this "blind spot" you're in the danger zone.

Obviously, no one can travel on a highway without passing large trucks from time to time. Just keep in mind that when you do pass a truck, you want to make quick work of it. Don't cruise alongside the truck for miles. Activate your turn signal when you are well behind the truck so its driver can see your vehicle and realize it's going to pass him. Then pass the truck quickly, but at a reasonable speed. Continue in the same lane for a good distance beyond the truck so the driver can see you have completed your pass. Remember to activate your turn signal again if you plan to move back into the truck's travel lane.

This blog reviews just a few of the many ways motorists can share the roads with tractor trailers more safely. Next time you're on the interstate, watch for all big trucks traveling within a few hundred feet of your car. Maintain a safe distance from them and be prepared to take evasive action should they get too close. After all, defensive driving is all we have to rely on.

The attorneys of Cuthbert Law Offices will fight for your rights against the aggressive insurance companies that many large trucking companies employ. Contact our Petersburg accident lawyers online today or in Petersburg, call 804-733-3100, and in Richmond call 804-643-3100.

Labels: motor vehicle accidents

As a personal injury attorney, I always like to pass on good news in my area of practice, especially when it relates to saving lives. The U.S. Department of Transportation has released figures reporting that more Americans are using their seat belts. In 2008, approximately 83 percent of vehicle occupants used their seatbelts during the daytime. This figure was up from 82 percent in 2007. OK, this may not sound like much, but the National Highway Traffic Safety Administration (NHTSA) estimates that, for every one percent increase in the use of seatbelts, about 270 lives are saved.

The 83 percent figure is an average. 86 percent of passengers in vans and SUVs are buckling up while the occupants of pickup trucks only fasten their seat belts 74 percent of the time. Why the difference? My guess is that parents play an active role here. Parents frequently use vans and SUVs to transport children to school and other student activities. When their children's safety is on the line, parents are likely to make a special effort to ensure their children and other passengers are buckled up. Furthermore, many states, including Virginia, have enacted laws that require the use of child safety seats for children up to the age of eight. Most parents are familiar with these mandates and are reluctant to flout the law.

What else seems to work in encouraging vehicle occupants to fasten their seatbelts? Primary seat belt laws. Apparently, states with so-called "primary belt laws," which permit law enforcement officers to give traffic citations to persons they observe traveling our roadways unbelted – regardless of whether or not they've violated any other law - average approximately 13 percentage points higher in seat belt use than states with "secondary belt laws." Virginia is a secondary belt law state. In Virginia, a police officer cannot give you a traffic ticket for a seat belt violation alone. He may issue a citation for a seat belt violation only after he stops and cites you for another violation like running a red light or speeding.

Seat belts do save lives, and they're easy to use. If you would like to see Virginia adopt a primary seat belt law, contact one or more of your state legislators and let them know you support enactment of this law in our state.

For more information or help with your automobile accident case please contact our Petersburg accident attorneys to schedule a free consultation. Call our Petersburg, Virginia office at 804-733-3100, or our Richmond office at 804-643-3100 today to discuss your rights with an attorney.

Labels: motor vehicle accidents

Recently, I was driving south along the Boulevard in Colonial Heights, Virginia when I was surprised to find myself in a "work zone." It sure hadn't been there the day before! My first warning was an orange sign stating "Work Zone Ahead." It was followed by another orange sign saying "Right Lane Closed." Beyond that, there were more signs and a flashing electronic left arrow. In the distance, I saw orange cones and barrels where the right lane ended. As I traveled past the work zone, I saw a steam shovel and utility workers digging a hole through the pavement in the right lane.

I was lucky. It was 10:00 a.m., and there wasn't much traffic approaching the work zone so I slipped by without a problem. I'm not sure what would have happened at 4:30 p.m. when visibility would have been much worse and traffic, congested because of the rush hour, would have slowed almost to a halt as drivers in the right lane merged into the left lane.

Driving through local roadway work projects and highway construction sites can be dangerous. As a personal injury lawyer with clients who have been injured in accidents occurring at these sites, I can't stress enough how important it is to pay close attention to what's going on around you when you pass through a road construction zone. These sites are not just hazardous for motorists, but for pedestrians, bicyclists, and motorcyclists as well.

The most common type of work site vehicle crash is the rear-ender, where a driver slowing or stopping for congested traffic ahead or to merge into another travel lane is struck in the rear by another vehicle whose driver was following too closely or going too fast. Then there is the driver who approaches the construction project at a high speed, tries to swerve to miss traffic ahead only to lose control of his vehicle and run off the road.

What can you do to make travel through a work zone safer for you and your passengers? First and foremost, stay alert and remain aware of your surroundings.

Keep a sharp lookout for traffic signs, cones, barrels and electronic signals advising of construction ahead. Then slow down as you approach the site.

Drive defensively. Not only should you drive carefully yourself, but you need to monitor nearby drivers to anticipate careless driving on their part as they merge into another travel lane or stop suddenly in front of you.

Concentrate on the road. This is not the time to tune your radio, grab a bite to eat, or chat with your passengers.

Watch for work equipment like front-end loaders, pavers, bulldozers, and steam shovels. Sometimes they enter the travel lanes unexpectedly as they turn around or reposition themselves.

Look out for flaggers. They direct traffic, and you want to follow their directions.

Drive within the speed limit or slow down even more if traffic conditions warrant it. Many accidents in work zones occur because at least one driver was driving too fast.

Look out for changes in highway configuration. As I found out driving through Colonial Heights, traffic patterns can change from day to day. A roadway that was open yesterday can be a worksite tomorrow.

Be prepared to stop quickly. This may be the most important advice of all - and unlike many things that happen on the road, it is something you can control. Follow traffic ahead at a safe distance and give yourself plenty of room to stop suddenly. You don't want to be the one who hits the car in front of you and causes a chain of collisions behind you.

If you were injured in a motor vehicle accident through no fault of your own, the attorneys of Cuthbert Law Offices will fight for your rights. Contact our attorneys today to schedule a free consultation. You can also call our Petersburg, Virginia office at 804-733-3100, or our Richmond office at 804-643-3100 today to discuss your rights with an attorney.

Labels: motor vehicle accidents

Most of us have passed accident scenes where we've seen an overturned vehicle at the bottom of a ravine. Our first thought is whether the vehicle's occupants made it out alive. This is not an idle question. As I mentioned in my last blog, about 10,000 persons die in rollover accidents every year, and the total number of rollovers is huge. National Highway Traffic Safety Administration statistics tell us over 200,000 passenger vehicles roll over annually in crashes that require a tow truck to haul away the damaged vehicle.

The causes of vehicle rollovers are complex. They include vehicle type, road conditions, driver behavior, and weather among other factors, often in combination with one another. Most of us know that certain types of taller, narrower vehicles like SUVs, pickups, and vans are more prone to rollover in single-vehicle accidents because of their high center of gravity. It's important to remember this fact when you're buying a vehicle or have a teenage driver in the family. Younger drivers, 16 to 24 years old, are involved in about 25% of SUV crashes.

There's a lot more to rollovers than vehicle type. Excessive speed frequently plays a role. 40% of fatal rollover crashes involve excessive speed, and three quarters of these rollovers occur on roadways with speed limits of 55 miles per hour or higher. One reason for this may be the fact most of us feel more secure and less vulnerable in bigger vehicles like SUVs, pick-ups, and vans. Therefore, we are more likely to engage in risky behavior like speeding as we cruise the highway.

As you might expect, intoxication features prominently in rollover accidents. Almost half of all fatal rollover crashes are alcohol related. Even small amounts of alcohol can impair a driver's judgment, muscular coordination, and vision increasing the likelihood he or she may lose control of a vehicle.

I had always assumed that the majority of rollover fatalities occurred on superhighways. Actually, the opposite is true. About three quarters of all fatal rollovers happen on rural roads. When you think about it, you understand why. Many rural roads in Virginia are narrow and winding. Yet, the posted speed limit is 55 mph. It's easy to find yourself maneuvering around a curve too fast for conditions. Just a slight overcorrection or hard braking under such circumstances can precipitate a rollover.

Most of the time, we can't blame "the other guy" for a rollover. Although some cars flip over after they've been struck by another vehicle, about 85% of rollover-related fatalities occur in single-vehicle crashes. Moreover, we can't use the excuse that the roadway itself was dangerous. Data gathered by the National Highway Safety Transportation Administration (NHSTA) indicates that over 90% of the vehicles involved in single-vehicle rollover fatalities were traveling on a straight stretch of road or negotiating an ordinary curve at the time of the accident.

Often, where our safety is concerned, we find ourselves at the mercy of other drivers. Yet, the statistics above tell us we are the ones in control where rollovers are concerned. If we drive a vehicle with a low center of gravity at a reasonable speed, if we stay sober, and if we pay close attention when we travel on country roads, we are less likely to be involved in a rollover.

The attorneys at the Cuthbert Law Offices have the experience and resources to expertly pursue rollover accident claims. Contact our Petersburg accident lawyers online today or in Petersburg call 804-733-3100, and in Richmond call 804-643-3100. You can also email us at lawyers@cuthbertlaw.com.

Labels: motor vehicle accidents

Many of us know that SUVs are more prone to rollover than many other vehicle makes and models. I have an SUV myself so I was interested to read that the United States Department of Transportation (DOT) has recently announced tough, new standards designed to substantially strengthen the roof structures of motor vehicles, including SUVs, and improve rollover crash protection.

The new standards will be phased in over a six year period beginning in 2012. In announcing the new regulations, Transportation Secretary Ray LaHood noted that "rollovers are the deadliest crashes on our highways," killing about 10,000 people annually, 218 in Virginia in 2008. Most of these deaths occur when occupants are ejected from the vehicle. However, nationwide, more than 600 persons die as a result of roof crush or collapse. Moreover, those who survive a rollover involving roof crush or collapse are often catastrophically injured.

The new regulation, promulgated by the National Highway Traffic Safety Administration (NHTSA), doubles the present roof strength requirement for vehicles weighing 6,000 pounds or less. The new rule requires that a vehicle's roof structure must withstand three times the vehicle's unloaded weight in pressure when the vehicle is involved in a rollover accident.

The prior regulation, in effect for 35 years, required a vehicle's roof to withstand only 1.5 times its weight in pressure. In addition, the rule has been expanded to cover vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 6,000 pounds and up to 10,000 pounds, establishing a force requirement of 1.5 times the vehicle's unloaded weight for vehicles in this category.

Unfortunately, the manner in which vehicles will be tested to ensure they meet the new standards has not changed as much as I wanted. Instead of dynamic testing which more closely simulates a rollover, the rule mandates only static testing. It works like this. While the vehicle is stationary, a metal plate is pressed against both sides of the vehicle's roof to determine how well it withstands the pressure. Under the old regulation, only one side of the roof was tested. So, yes, the new testing procedure represents an improvement, but dynamic testing would have been better.

More disturbing to me, however, is the fact that the old roof structure standards, which were obviously weak, had been in place for 35 years. This means that for 35 years auto manufacturers themselves failed to take the initiative to design and manufacture safer roof structures even though it was feasible to do so. Instead they found it more "cost effective" (i.e. cheaper) to comply with minimum standards rather than to build safer motor vehicles.

Manufacturers and others often complain about "government interference" in private enterprise. The unfortunate truth is that without government regulation many products we use in our daily lives would be more dangerous and more likely to cause injury to all of us.

The attorneys at the Cuthbert Law Offices have the experience and resources to expertly pursue rollover accident claims. Contact our Petersburg accident lawyers online today or in Petersburg call 804-733-3100, and in Richmond call 804-643-3100. You can also email us at lawyers@cuthbertlaw.com.

Labels: motor vehicle accidents