Injury Law Blog : Florida Injury Lawyer & Attorney : LaBovick & LaBovick Law Firm: Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

Toyota Motor Sales U.S.A., Inc. (TMS), announced today, that the company has developed a safe solution to the risk of sudden, unwanted acceleration. The Japanese automaker indicated that its engineers created and thoroughly tested the solution: a small steel pedal reinforcement assembly designed to eliminate excess friction. Toyota reports that it has commenced shipping the parts to dealers, and expects the millions of affected vehicles to undergo repair as soon as possible.

According to Toyota, this sticking occurred (or can occur) because of excess friction resulting from normal vehicle operation. The company indicates that the pedal reinforcement assembly will eliminate the excess friction that caused the accelerators to stick in rare instances.

At the end of January, the company recalled over 4 million cars from eight vehicle models due to the risk of sudden acceleration caused by the accelerator sticking in a partially open position. In an unprecedented move, the Japanese automaker also halted production to resolve the problem safely and effectively. With Toyota’s announcement comes an apology from top brass, and a hope that the solution will begin to restore customers’ faith in the brand.

Toyota Motor Sales (USA) president and Chief Operating Officer, Jim Lentz, commented on the situation:

“Nothing is more important to us than the safety and reliability of the vehicles our customers drive. We deeply regret the concern that our recalls have caused for our customers and we are doing everything we can – as fast as we can – to make things right.  Stopping production is never an easy decision, but we are 100% confident it was the right decision. We know what’s causing the sticking accelerator pedals, and we know what we have to do to fix it. We also know it is most important to fix this problem in the cars on the road.

The Toyota saga continues with the National Public Radio report Toyota Apologizes, Releases Details On Plan To Fix Gas Pedals.  In a continuing story, NPR's  All Things Considered, co-host Melissa Block spoke with Toyota's Jim Lentz this afternoon on how a driver should handle the situation, of a gas pedal getting stuck.

Lentz is quoted in the interview as giving listeners the following advice:

The Driver should put both feet on the break, press hard, shift the transmission into neutral, and pull off the road.

Click on the following link to hear the All Things Considered interview with Toyota President Jim Lentz
 
Click on the following link to view more from Toyota on the accelerator pedal recall issue.

Click on the following link to see the Toyota PSA on the accelerator issue given by Jim Lentz..

The Toyota vehicles involved in the recent accelerator recall include:

• 2009-2010 RAV4 (Certain models)
• 2009-2010 Corolla (Certain models)
• 2009-2010 Matrix
• 2005-2010 Avalon
• 2007-2010 Camry (Certain models)
• 2010 Highlander (Certain models)
• 2007-2010 Tundra
• 2008-2010 Sequoia

As we mentioned in a previous LaBovickInjuryLawBlog article on the Toyota accelerator recall, owners  and drivers of the above mentioned Toyota models to contact their local Toyota dealer or to contact Toyota directly, if they are having issues. Safety measures and precautions should be taken to avoid any serious car accident.

• Email This
• Print
• Comments
• Trackbacks

Car Accidents are never fun to be involved in, especially, a hit and run or when someone gets injured. Most people involved in an accident are shaken up afterwards, sometimes, just for the shock of the entire situation.

Yesterday, in West Palm Beach Florida, a driver of a Honda plowed into a Minivan, carrying a family of four. Due to being struck, the Minivan, crashed into another another car, with two passengers. According to a  WPBF - ABC - Report, a baby in the Minivan was thrown from the car into the street. The first question in everyone's mind is: Is the baby going to be okay and how was the baby restrained in the car? All of the passengers were taken to the hospital and were in stable condition, with the exception of the baby, who was last reported to be in critical condition. 

The driver of the Honda, reportedly ran and collapsed down the street.  The police are investigating whether or not alcohol was involved.

This leads to the message behind this post: It is against the law to leave the scene of an accident. According to Florida Statute 316.027 Crash involving death or personal injuries.--

(1)(a) The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) The driver of any vehicle involved in a crash occurring on public or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who willfully violates this paragraph while driving under the influence as set forth in s. 316.193(1) shall be sentenced to a mandatory minimum term of imprisonment of 2 years.

On a positive note, data released last year for 2008 Florida traffic accident data show a positive trend on Florida's highways in the area of crashes and fatalities in Florida.

• Traffic-related fatalities on Florida roadways decreased between in 2008 from 2007. The number of fatalities in 2008 were 2,983 and 3,221 in 2007.
• Traffic related accidents and crashes on Florida roadways decreased in 2008 from 2007. The numbers for 2008 were 243,342 accidents and the numbers for 2007 were 256,206 accidents.
• Traffic related accidents and crashes on Florida roadways involving alcohol decreased in 2008 from 2007. The numbers were 1,169 for 2008 and 1,244 for 2007.

Everyone understands that a car accident is never a fun experience for any party involved. However, it does not give the person at fault the right to run from their responsibilities. Bloggers for the Jacksonville law blawg:ForYourprotection.com, gave an excellent summary in a post regarding a  DUI Florida Hit and Run accident that resulted in the death of a passenger, when they wrote the following:

"If you are involved in an auto wreck and you have been drinking, the absolute worst thing you can do is leave the scene. You will be caught and convicted, not to mention the moral duty you have to the person you have just injured. Stay and render aid and be helpful and figure your actions have finally caught up with you."

Lastly, if you are involved in a car accident,  Stop, take a deep breath, and proceed to take the appropriate actions. It will all work out much better if you stay and address the situation instead of trying to avoid it.  Strangely enough this holds true for many things.

Let's continue to make Florida's roadways safer by driving with care and following traffic laws.

• Email This
• Print
• Comments
• Trackbacks

Huber needles used in implanted ports to withdraw blood, inject medications, and other solutions

The U.S. Food and Drug Administration (FDA) announced a Class I recall of certain infusion set needles used in the treatment of chronically ill patients and others. Products included in the recall are the following all manufactured by the Japan-based Nipro Medical Corporation for Exelint International Corporation.

Exel/Exelint Huber needles

Exel/Exelint Huber Infusion Sets

Exel/Exelint “Suretouch+ [plus.”

The recall comes in response to inspections of Japanese Nipro facilities carried out in October 2009. These inspections found that the needles, used to access under skin ports designed for repeated access to veins, “cored” in approximately 60 to 72 percent of tests. According to the FDA, coring means that the silicone cores (or silvers) of the needles were cutting and dislodging the under skin ports when inserted, causing the ports to leak in certain cases.

In a news release about the recall, the FDA stated that:

“At this time, the FDA has not received any adverse event reports related to silicone foreign bodies released in patients from Huber needle coring. The agency received only reports of port leakage. However, because it may be very difficult for clinicians to associate adverse patient outcomes with the use of defective Huber needles, there may be under-reporting of events.”

Needles involved in the recall were manufactured between January 2007 and August 2009. According to the FDA, this recall includes more than 2 million units in distribution nationwide.

The affected needles have lot numbers beginning with the following, along with a catalogue number of product code:

“07”

“08”

“09”

 For more information, please read the following articles on the Class I FDA recall for Needles

FDA’s New Release about Recall: FDA Announces Class I Recall of Certain Infusion Set Needles
 

CNN Health Article  on Recall: FDA recalls more than 2 million needles used in port implants

• Email This
• Print
• Comments
• Trackbacks

Honda Motor Corporation (Honda) issued a global recall of roughly 646,000 units of the models Fit/Jazz and City. The announcement came today and and includes 140,000 Honda Fit units in the United States.

According to Honda, the recall was to correct a faulty master power window switch, which could allow water to enter the switch and cause a fire. New York Times reports that three cases of fire due to the defective master switch were reported, including two in the U.S. and one in South Africa.

A statement released by Honda about the recall indicated that:

"Under some severe operating conditions, water, rain, or other liquid may enter the driver's window and reach the master power window switch, resulting in impaired function of the switch.” The statement went on to add that, "An overheating switch may cause smoke, melting or, potentially, fire."

Honda’s recall involves models sold around the world, including North America, South America, South Africa, and Asia. However, a Honda spokesperson indicated that the recall does not include Fit/Jazz and City units sold in Japan. Honda’s Fit is the company’s best-selling car in that country.

This latest recall by Honda comes just days after rival automaker Toyota halted sales and recalled millions of vehicles worldwide due to the threat of unintentional acceleration.

We strongly recommend all Honda Fit/Jazz or City vehicle owners to contact their dealer, or call Honda Automotive Customer Service at 1-800-999-1009.

For more information on the latest Honda recall, please click on one of the following links:

NY Times Article:  Honda Recalls Cars, Citing Defect

Wall Street Journal article: Honda Announces Worldwide Recall Of 646,000 Fit Cars

Honda South Africa’s Press Release about the recall:

• Email This
• Print
• Comments
• Trackbacks

As pedestrian, Deborah McDonald, walked home from celebrating the arrival of her first check, a car struck and killed the Ohio Lottery winner. According to the Ohio Highway Patrol, the vehicle struck McDonald in the evening, as she walked along a road after leaving the bar.

The 47-year-old Crystal Rock, Ohio resident had reportedly spent some of the $5,520 check on wedding rings for herself and her husband shortly after receiving the winnings. Items the couple had been previously unable to afford. She had also treated her husband and some friends to dinner before heading to the bar to celebrate.
 

An Ohio Lottery spokesperson indicated that McDonald won approximately $8,000 in the lottery’s TV game show “Cash Explosion Double Play” on January 12.
 

Joe Wentworth, a patrol sergeant with area police, said investigators are looking into whether or not alcohol played a factor in the death. However, he indicated that police officials do not think the driver of the car who struck and killed McDonald was drinking.

According to the National Highway Traffic Safety Administration (NHTSA), 4,378 pedestrians were killed in traffic crashes in the United States in 2008. The NHTSA also indicates that a pedestrian-related traffic fatality occurs every two (2) hours, and a pedestrian is injured every 8 minutes in a traffic crash.

McDonald’s home state of Ohio reported 98 pedestrian fatalities in 2008, or roughly 8.2 percent of the nation’s total amount. These grim statistics remind us of the possibility of personal injury or even death resulting from motor vehicle accidents involving pedestrians.

The number of deaths involving pedestrians in Florida decreased, however, the number of injured pedestrians injured and pedesrtians in crashes saw an increase over 2007.

2008 Florida Pedestrian statistics from the NHTSA related to car accidents:

Pedestrians Killed 502

Pedestrians Injured 7,878

Pedestrian Crashes 8,471

2007 Florida Pedestrian statistics

Pedestrians Killed 530

Pedestrians Injured 7,529

Pedestrian Crashes 8,139

The NHTSA reminds pedestrians and drivers alike to be safe and courteous, and to yield the right-of-way to pedestrians when required by law.

Click the following link to read the 2008 NHTSA Traffic Data Fact Sheet

Click on the following link to read more on the story from the Miami Herald Associated Press article, Ohio lottery winner received check on the day she died.

• Email This
• Print
• Comments
• Trackbacks

Commercial Drivers, including truckers and bus drivers, beware, texting while driving is now illegal, according to a new Federal ban.  If you need to send a message while driving, pull over safely and send or read your text, if not, you can face serious charges and fines up to $2750.

Ray LaHood, Secretary of the U.S. Department of Transportation (DOT), announced a Federal ban on texting for the drivers of large commercial vehicles on Tuesday, Jan. 26. Effective immediately, this ban prohibits the operators of vehicles regulated by Federal law, including tractor-trailers and large commercial buses, from sending and/or receiving text messages while driving. The texting ban is a step in the DOT’s comprehensive plan to combat the dangers of distracted driving.

According to the Federal Motor Carrier Safety Administration (FMCSA), on average, drivers who send and receive messages are distracted 4.6 out of every 6 seconds while texting. This means that operators, travelling at 55 miles per hour, will drive the full length of a football field without looking up from their phone. In fact, drivers distracted by texting are more than 20 times likely to be involved in a crash than non-distracted drivers.

This is such a critical issue that Nineteen states and the District of Columbia already ban texting-while-driving any vehicle.

Violations of this new Federal ban subjects commercial vehicle drivers to civil and/or criminal penalties of up to $2,750. This ban stems from the Distracted Driving Summit held in September 2009 in Washington, D.C. In addition to text ban, the DOT and other government agencies are reported to be working on further regulatory measures to decrease distracted driving.

“We want the drivers of big rigs and buses and those who share the roads with them to be safe,” Secretary LaHood said. “This is an important safety step and we will be taking more to eliminate the threat of distracted driving.”

To learn more about the texting while driving ban for large commercial vehicles click on the following links: The National Highway Safety Administration site on Distracted Driving,  Department of Transportation, Reuters, Automotive Fleet and American Automobile Association (AAA)

• Email This
• Print
• Comments
• Trackbacks

Toyota Motor Sales, U.S.A., Inc. (Toyota) announced the temporary suspension of the sale of eight models, including the popular Corolla and Camry lines. The suspension comes after the Toyota recall on January 21 of 2.3 million cars due to the threat of unintentional acceleration. Toyota is instructing dealers to halt sales of certain vehicles in connection with the ongoing recall until a “remedy is finalized.”

Toyota anticipates stopping North American vehicle production lines for the week of February 1 to “assess and coordinate activities.” This production halt will affect Toyota manufacturing facilities in Kentucky, Indiana, Texas, and Canada.

The accelerator pedal recall and sales suspension affects eight models, including:
 

• 2009-2010 Corolla
• 2009-2010 Matrix
• Certain 2007-2010 Camry
• 2005-2010 Avalon
• 2009-2010 RAV4
• 2010 Highlander
• 2008-2010 Sequoia
• 2007-2010 Tundra

Bob Carter, Toyota Division General Manager and Group Vice President  stated the following:

"Helping ensure the safety of our customers and restoring confidence in Toyota are very important to our company. This action is necessary until a remedy is finalized. We’re making every effort to address this situation for our customers as quickly as possible.”

It is important to note that this recall is in addition to the carmaker’s ongoing recall of certain Toyota and Lexus vehicle lines due to the threat of pedal entrapment caused by “incorrect or out of place accessory floor mats.”

A Toyoya spokesperson reported that no confirmed deaths could be traced to the defect. However, Toyota’s stunning decision to halt sales and production are a clear indication of the serious nature of the situation.

For more information on the most recent Toyota recall click on the following links: Toyota, Washingtonpost,  CNNMoney.com and The New York Times.

We encourage Toyota vehicle owners with the affected models to contact their local Toyota Dealer or to contact Toyota directly at 800-331-4331.

• Email This
• Print
• Comments
• Trackbacks

Toyota Motor Sales, U.S.A., has recalled approximately 2.3 million vehicles to correct sticking accelerator pedals on specific Toyota Division models. This action is not related to the on-going recall of approximately 4.2 million Toyota and Lexus vehicles to reduce the risk of pedal entrapment by incorrect or out of place accessory floor mats. Approximately 1.7 million Toyota Division vehicles are subject to both separate recall actions.

• Email This
• Print
• Comments
• Trackbacks

As many of us know, Dr. Martin Luther King, Jr. dedicated most of his life to ending inequality, and spreading a message of peace to the world. As one of the most prominent figures in the Civil Rights struggle of the mid-20^th Century, Dr. King proved to everyday people, politicians, and world leaders alike that change is possible. More importantly, he demonstrated how eaceful and lawful means can be used to accomplish this change.

Today, January 18, we celebrate the life and accomplishments of Dr. Martin Luther King, Jr. Many of us draw inspiration from Dr. King, as his messages have influenced our lives.  As a law firm, day in and day out, we passionately fight for the rights of our clients. We take comfort in knowing that Dr, King's message of equality and justice for all, has made an impact on us.

Part of our firm’s ethics includes being committed to our community. Many of our attorneys and staff members actively participate in community organizations, special events and safety measures. It is the collective goal of the LaBovick & LaBovick, P.A. team to give back to our community while likewise furthering the development of our society in general.

We also pride ourselves on the diversity of our team. At the core of our corporate culture is the understanding that diversity not only adds well-rounded knowledge, it adds cultural depth to the company that increases everyone’s level of acceptance. We are happy to say that our team reflects LaBovick & LaBovick, P.A.’s commitment to diversity, and we are blessed to have a multitude of talented professionals from many backgrounds.

As we celebrate the life and accomplishments of Dr. King today, let’s all take a moment to reflect on the impact his mission had on our society, its effect on the world in general. In so doing, we should also determine what impact each of us has on our community, and how we can continue (or begin) to affect the lives of our neighbors in a positive way. After all, it only takes a dream to change the world.

• Email This
• Print
• Comments
• Trackbacks