Motor Vehicle Cases

November 17, 2009

Motorcoach Safety Action Plan

The United States Department of Transportation has adopted the Motorcoach Safety Action Plan following an analysis of safety data. DOT has identified seven priority action items that will have the greatest impact on reducing motorcoach crashes, fatalities and injuries. The items include the following:

Rulemaking concerning electronic on-board recording devices to monitor drivers’ duty hours and manage fatigue.
Rulemaking to prohibit cell phones for drivers.
Rulemaking to require seatbelts.
Development of roof crush performance requirements.
Study stability control systems for motorcoaches.
Enhance oversight of carriers.
Establish minimum knowledge requirements for companies who seek to transport passengers.

Read the entire report here.

November 13, 2009

Inflatable Seat Belts?

by The Law Offices of John Day, P.C.

Ford Motor Company has announced that is bringing to market the world’s first automotive inflatable seat belts, combining attributes of traditional seat belts and air bags to provide an added level of crash safety protection for rear seat occupants.

“Ford’s rear inflatable seat belt technology will enhance safety for rear-seat passengers of all ages, especially for young children who are more vulnerable in crashes,” said Sue Cischke, Ford group vice president of Sustainability, Environmental and Safety Engineering. “This is another unique family technology that builds on our safety leadership, including the most top safety ratings of any automaker.”

Ford will introduce inflatable rear seat belts on the next-generation Ford Explorer, which goes into production next year for the North American market. Over time, Ford plans to offer the technology in vehicles globally.

November 11, 2009

Motorcycle Deaths and Injuries

by The Law Offices of John Day, P.C.

811208 The National Highway Traffic Safety Administration (NHTSA) recently released a report titled "Motorcycle Helmet Use and Head and Facial Injuries." The Report has a lot of data on motorcycle crashes and the injuries the result, comparing the injuries received by those wearing helmets and those that do not.

Here are a few highlights from the report:

The combined data set contains information on 104,472 motorcyclists involved in crashes in these 18 States during the years 2003, 2004, and 2005.
In the data set, 57 percent of motorcyclists were helmeted at the time of the crashes and 43 percent were non-helmeted. For both groups, about 40 percent of motorcyclists were treated at hospitals or died following the crashes. However, 6.6 percent of unhelmeted motorcyclists suffered a moderate to severe head or facial injury compared to 5.1 percent of helmeted motorcyclists.
Fifteen percent of hospital-treated helmeted motorcyclists suffered traumatic brain injury (TBI) compared to 21 percent of hospital-treated unhelmeted motorcyclists. TBI severity varied by helmet use. Almost 9 percent of unhelmeted and 7 percent of helmeted hospital-treated motorcyclists received minor to moderate TBI. More than 7 percent of unhelmeted and 4.7 percent of hospital-treated helmeted motorcyclists sustained severe TBI.
As of 2007, fatalities had increased for the 10th year in a row, an increase of 144 percent compared to 1997. While there has also been an increase in motorcycle registrations during this period, the rate of increase in fatalities has been greater than that of registrations.
This increase in deaths has been especially marked among riders 40 and older, who now constitute approximately half of all deaths. In 1997, this older group accounted for 33 percent of rider deaths, but had grown to 49 percent by 2007. Although fatalities increased in all age groups, the largest increase has been in the group of riders over the

November 10, 2009

Seat Belt Use Continues to Increase

by The Law Offices of John Day, P.C.

The use of seat belts continues to increase in the United States.

Seat belt use in 2009 stood at 84 percent, a gain from 83 percent use in 2008. This result is from the National Occupant Protection Use Survey (NOPUS) which is the only survey that provides nationwide probability-based observed data on seat belt use in the United States.

Vehicle occupants in Tennessee and other southern states continue to use seat belts at a level less than the national average (82%). Those in pickup trucks have the lowest rate of use (74%).

November 5, 2009

More on Dangers of Texting While Driving

by The Law Offices of John Day, P.C.

I have written before about the dangers of texting while driving (here is a post about the danger of posed when truckers text and drive), and the Tennessee Legislature recently outlawed the practice.

Here is a game developed by the New York Times that demonstrates the danger.

October 2, 2009

More Information About Texting and Use of Cell Phones While Driving

by The Law Offices of John Day, P.C.

There was a big conference in Washington, D.C. this week that addressed cell phone use and texting and how these practice impaired a driver’s ability to focus on the safe operation of his or her vehicle.

The two-day summit brought together safety experts, researchers, industry representatives, elected officials and members of the public to share their expertise, experiences and ideas for reducing distracted driving behavior and addressing the safety risk posed by the growing problem across all modes of transportation.

Department of Transportation Secretary LaHood announced new research findings by the National Highway Traffic Safety Administration (NHTSA) that show nearly 6,000 people died in 2008 in crashes involving a distracted or inattentive driver, and more than half a million were injured. On any given day in 2008, more than 800,000 vehicles were driven by someone using a hand-held cell phone. To further study how cell phone distraction affects commercial truck and motor coach drivers, Secretary LaHood also announced a new study the Federal Motor Carrier Safety Administration (FMCSA) is undertaking this month through June 2010. The study will help FMCSA better understand the prevalence of cell phone distraction in conjunction with crashes and near-crashes.

October 1, 2009

Juror Research on Google Results in New Trial

by The Law Offices of John Day, P.C.

A post from the Mass Tort Defense blog highlights a real problem: jurors conducting independent research during trials. Indeed, in the case featured in the post, the juror conducted the research before the trial (after he received his summons to serve as a juror) but shared what he knew during deliberations. The result? A reversal of a defense verdict.

The blog post does a nice job summarizing Russo v. Takata Corp., 2009 WL 2963065 (S.D. 9/16/09). You can read the entire opinion here.

Here is an excerpt from Sean Wajert’s summary:

September 25, 2009

Electric Cars and Changes in Car Accident Litigation

by The Law Offices of John Day, P.C.

As this article in Wednesday’s Washington Post explains, electric cars present a new type of hazard to pedestrians and those with impaired sight: you can’t hear them coming. At low speeds (under 6.2 MPH) the cars can literally sneak up on you and put you at risk of serious injury. One study says that pedestrians face a 50% increased risk of injury from cars that are backing-up and turning.

The article explains that the car manufacturers are thinking about putting artificial noises into these vehicles to reduce the risk of injury. Will we see product liability claims against car manufacturers for making vehicles that are too quiet? Federal legislation is in the works to require manufacturers to equip such cars to have non-visual alerts so that pedestrians can determine the vehicle’s location, motion and speed.

The use of electric cars will make it necessary for lawyers who do car accident cases, particularly those involving pedestrians, to understand what type of motor was in the car. One can argue that a person driving an electric car at low speeds has an increased responsibility to be on the look-out for pedestrians and use the horn to warn them as the car approaches. The lack of engine noise deprives pedestrians of an opportunity to use one of their senses – hearing – to avoid an injury. This is particularly true for pedestrians who are children or who are elderly, or even for adults who are obviously pre-occupied with caring for children, talking on a cell phone, or juggling packages.

August 26, 2009

AAJ Issues Report About Unsafe Trucks on U.S. Roads

by The Law Offices of John Day, P.C.

The American Association for Justice has issued a report called "Warning! Safety Violation Ahead." The report reveals that "a new analysis of government data reveals that more than 28,000 motor carrier companies, representing more than 200,000 trucks, are currently operating in violation of federal safety laws." The safety violations include "defective brakes, bad tires, loads that dangerously exceeded weight limits and drivers with little or no training or drug and alcohol dependencies." The accompanying press release indicates that

AAJ obtained data on the safety performance of U.S. trucking companies through the Motor Carrier Management Information System (MCMIS), which is maintained by the Federal Motor Carrier Safety Administration (FMCSA). Over a million lines of data were analyzed in an effort to pinpoint just how many unsafe trucks might be on the road.

Tennessee had 107 fatalies involving large trucks in 2007. The country as a whole had 4808 fatalities and 142,949 non-fatal crashes involving large trucks. You can access the national database by clicking here. You can reach the Tennessee database by clicking here. Trucking companies are listed by city.

August 19, 2009

New Tennessee Legislation of Interest to Tort Lawyers – Post 12

by The Law Offices of John Day, P.C.

Post 12 of this series on changes in Tennessee statutory law of interest to tort lawyers addresses a new law that imposes lighting requirements on bicycles.

Here is the new code section, which replaces existing section (a) of T.C.A. Sec. 55-8-177:

(a) Every bicycle, when in use at nighttime, shall be equipped with a lamp on the
front which shall emit a white light visible from a distance of at least five hundred feet (500′) to the front and either a red reflector or a lamp emitting a red light which shall be visible from a distance of at least five hundred feet (500′) to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle.