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

It is always sad to read about tragic accidents. On May 31, a 20 year old Wellington Resident  was having fun visiting Orlando with a group of friends from South Florida. Unfortunately, at 2:50 am, she was a passenger in a Lexus SUV on the Florida Turnpike near Orlando, when her friend lost control of the vehicle. The Lexus SUV rolled over twice, after hitting the guardrail, and ejected passenger Shanique Corbett from the vehicle.

Ms.Corbett died from injuries sustained in the Rollover accident. The driver, 20 year old, Emmylee A. Rousseau, 20, of Pembroke Pines. suffered serious injuries in addition to a 17 year old passenger.  According to reports, other passengers in the vehicle suffered minor or no injuries.

When someone dies in a car accident it is always a travesty. The first question that is asked is what caused the accident? Followed by could the accident have been avoided? Were the people wearing seatbelts? Was alcohol involved? Was it a mechanical or human error that caused the accident?

Investigators are investigating the Orlando SUV accident that killed 20 year old Corbett, who unfortunately was not wearing a seatbelt, according to published reports in the Palm Beach Post. The next question is would she have lived, if she were in a seatbelt at the time of the Rollover? We will never know the answer to that question. 

However, we can promote the message that wearing seatbelt is required in Florida for drivers and passengers because they help save lives.  The following are Florida Seatbelt Safety  Stats published from the organization Florida Students Against Distracted Driving (SADD) based on info from the 2007  National Highway Traffic Safety Administration (NHTSA) and the FL Dept. of Highway Safety and Motor Vehicles.

Florida Seatbelt Safety Stats:

• Every hour, someone dies in America simply because they didn't buckle up.
• Failure to buckle up contributes to more fatalities than any other single traffic safety-related behavior.
• Back seat passenger who do not wear seat belts are three times as likely to die or have serious injuries as passengers who wear a rear seat belt.
• Passengers up to the age of 18 must be belted when in either the front or tear seat of a vehicle.
• All front seat occupants must buckle up, even if the vehicle is equipped with an air bag.
• The driver is held responsible for passengers under 18 years of age who are not buckled up.
• Passengers 18 years of age or older may be individually fined if they are not buckled up.

Our deepest sympathies go out to the family and loved ones of Shanique Corbett. We strongly encourage all drivers and passengers to buckle up. It is the law in Florida and it can help save lives.

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Toyota Motor Corporation (Toyota) has suffered another blow to its already tarnished safety record. Following a Consumer Reports “Don’t Buy” warning, the carmaker issued a temporary sales halt on April 14 for its 2010 Lexus GX 460 luxury sport-utility vehicle. Consumer Reports found the popular SUV to be a “safety risk” due to its susceptibility to flip over in certain situations.

Tests of the SUV by Consumer Reports found that the rear of the vehicle was prone to slide out during sharp turns or other emergency maneuvers, despite an electronic stability control system seemingly designed to prevent such occurrences. As a result, Consumer Reports found the SUV susceptible to potentially life threatening rollover accidents.

“We believe that in real-world driving, that situation could lead to a rollover accident, which could cause serious injury or death,” Consumer Reports noted on its Cars Blog about the situation. “As a result, we are urging consumers not to buy the GX 460 until the problem has been fixed.”

Julia Piscitelli, a spokesperson for a division of the Transportation Department, advised drivers of the Lexus GX 460 to "use care and caution. Drivers of all vehicles should avoid excessive speed and aggressive maneuvering in order to maintain control of their vehicles."

The Los Angeles Times reports that the National Highway Traffic Safety Administration is planning to review the findings of Consumer Reports.

Don't Buy: Safety Risk--2010 Lexus GX 460 – Consumer Reports

Toyota temporarily halts sale of Lexus GX 460 SUV – Los Angeles Times

Lexus GX 460 Sales HALTED: Toyota Responds To ‘Don’t Buy’ Warning From ‘Consumer Reports’ – The Huffington Post

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A tractor-trailer owned by Alabama trucking company, Hester Inc., was involved in a horrific crash  that killed 11 people in Kentucky. The driver of the commercial tractor-trailer, was carrying auto parts, when he crossed a highway median and slammed head on into a van filled with friends and small children en-route to a wedding. After the collision, the truck hit a rock wall and burst into flames, killing the driver.

The National Transportation Safety The National Transportation Safety Board has dispatched a six-person team to investigate Board dispatched a six-person team to investigate the Kentucky highway crash involving Hester Trucking, Inc.   According to the Federal Motor Carrier Safety Administration, Hester Inc., a privately owned company, had no fatal accidents and one injury accident in the 24 months before the Kentucky accident.

Hester Inc is an interstate carrier with 30 drivers and 25 trucks. Records show that in 2008, they drove a total of 2.3 million miles carrying general freight, meat, produce and beverages. According to Federal records, 19 of the interstate carrier's drivers were taken off the road for violations from 167 driver inspections. This rate of 11.4 percent is higher than the national rate of 6.6 percent.  Excessive driving hours, was the most common violation issued for Hester, Inc.  Driving too many hours in a row or not taking required breaks accounted for approximately 166 (one-fourth)  of the total violations for drivers.. 

Before crashing into the van, the tractor-trailer knocked down six cable barrier uprights and the four cables running through them. According to County officials, the cable barriers recently installed has helped prevent other crossover accidents. Mark Brown, a spokesman for the Kentucky Transportation Cabinet stated the following:

"The cable barriers weren’t designed to withstand a tractor-trailer. They have been very successful though in preventing crossover crashes where they are installed,”
 

Truck Crash Statistics for 2008, from the Department of Transportation and the Federal Motor Carrier Safety Administration.

In 2008, there were 365,000 police-reported crashes involving large trucks.   One percent  (3,733) of the truck related crashed had at least one fatality, and 18 percent (64,000) had at least one nonfatal injury.

 

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Happy New Year!!! Today marks the first day of 2010. Today is a fresh start for the new year.

It is a time of reflecting on one's life and setting new goals.

Unfortunately, two South Florida teens were killed in a fatal rollover crash auto accident on New Year's eve.  They will not have the opportunity to enjoy 2010 and make the most of their lives.  At this time, the cause of the crash is under investigation by the police. According to Police, the teens were traveling at a "high rate of speed" when the driver lost control and the car smashed into a brick sign.  A third victim in the car managed to escape. Our thoughts and prayers go out to the families and loved ones.

To help drivers make the right decision about getting behind the wheel after drinking, AAA offered a FREE TIPSY TOW for drivers that had too much to drink this holiday season. This was a two program to help cut down on deaths and accidents during this time of year. Time will tell, how many lives were lost in car accidents over the new year's holiday.

We can't stress enough that while you are driving a vehicle, caution and safety come first. Texting while driving has become such an important issue that some states have made this a first offense. On Friday,  texting while driving in Illinois will be illegal. The texting ban law also bans checking e-mail, updating Facebook and Web surfing while driving. However, using your phone GPS is okay. It will be interesting to see how this is enforced. More states are looking at making texting while driving illegal, Florida  included.

On another note, if you are looking for relief of pain, before you reach for your Tylenol, check the label. The Tylenol Arthritis Pain Caplet 100 count bottles have been recalled. This product  has a  red colored EZ-Open top. According to the FDA,The recall stems from complaints of a moldy odor which may result in nausea, stomach pain, vomiting and diarrhea for the user. The symptoms are caused by trace amounts of the chemical 2, 4, 6-tribromoanisole resulting from the breakdown of a chemical used to treat wooden pallets that transport and store packaging material.The recall only applies to this exact model and not other products labeled Tylenol Arthritis. Please visit the Tylenol website  for more specific information on the recalled Tylenol Arthritis Caplets.

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Driver distraction caused the deaths of nearly 6,000 people and the injuries of 500,000 people last year according to new government reports on auto safety. There is a correlation of using mobile devices while driving. This includes texting while driving and talking on the cell.

Transportation officials recently released a report that showed driver distraction being involved in 16 percent of all fatal crashes in 2008. The Transportation report shows that 515,000 people were injured and 5,870 people were killed last year, with driver distraction being involved in the accident.

The Transportation Secretary Ray LaHood, government officials, safety advocates, researchers and lawmakers are coming together this week to discuss ways of setting new restrictions on texting and using devices while driving.  Young adults involved car accidents where they were texting while driving are also involved in the safety discussions. New data supports that 16 percent of all under-20 drivers involved in fatal car accidents were distracted while driving.

Every day, people text and drive, even in places where it's outlawed. According to Secretary LaHood "We feel a very strong obligation to point to incidents where people have been killed or where serious injury has occurred.”

Earlier this year, the Virginia Tech Transportation Institute found that collision risks were 23 times greater when drivers of heavy trucks texted while driving.  Dialing a cell phone and using or reaching for an electronic device increased risk of collision about six times in cars and trucks. The popular magazine Car and Driver released a report that showed texting and driving to be more dangerous than driving while intoxicated. This report obviously has caused a lot of controversy and discussions among safety advocates.

Some groups want tough laws on the distractions and are asking for restrictions on talking and texting by drivers of tractor trailers, motor coaches and large vans.

Automobile Manufacturers and the Governors Highway Safety Association are on the same page in support of restrictions for texting while driving.  Surprisingly, 11 automakers have come together on a united front with the Alliance for Automobile Manufacturers to support this important issue of auto safety and the use of handheld devices.

The Cellular Telephone Industry Association (CTIA) believes that education and enforcement are critical to changing the behavior of drivers. A series of public Service Announcements warning teen drivers of the dangers on distracted driving will be paid for by the National Safety Council and CTIA in an effort to promote safe driving.

We encourage all of our readers to exercise caution and to use judgment when driving and using a cell phone. Texting while driving is dangerous and increases your risk of an accident.

To read more on efforts to enhance driver safety, visit the following: CTIA and National Safety Council, Distracted Driving Summit, Driver distractions and safety efforts, ABC News Report on How do you stop Texting while Driving

 

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New Roof Rule for Rollover Safety

The Federal Motor Vehicle Safety Standards (FMVSS) and regulations with which automobile manufacturers must comply were first enacted by the National Highway Traffic Safety Administration, in March 1967 to provide manufacturers with guidelines regarding minimum safety performance requirements. Since 1967, new standards have been added and existing standards have been amended. These changes have been necessary due to the evolution and expansion of automobile manufacturing.  In 1973, FMVSS 216 was enacted. According to the U.S. Department of Transportation, FMVSS 216 “specified requirements for roof crush resistance over the passenger compartment.” The intent of FMVSS 216 was to provide protection to individuals involved in rollover crashes by ensuring that automobile manufacturers adhered to federal roof standards. In April 2009, FMVSS 216 was amended to provide better protection for those involved in rollover crashes and extended the standards applicability to both heavier trucks and sport utility vehicles (SUV).

The National Highway Traffic Safety Administration (NHTSA) reports that more than 280,000 rollover accidents are reported each year. As a result of these accidents, approximately 10,000 individuals are killed on a yearly basis. Many of these fatal accidents involve SUVs and trucks. Until the 2009 amendment to FMVSS 216, most SUVs and trucks were exempt from federal roof standards. According to the Insurance Institute for Highway Safety’s Status Report the amendment will begin being phased-in in the year 2012, and all automobile manufacturers will be expected to comply with the amendment by the year 2017. This means that all passenger cars, trucks and SUVs up to 10,000 pounds will be subject to federal roof standards. These standards will apply to both the driver and the passenger side of the vehicle’s roof.

The National Highway Transportation Safety Commission reports that only 2 percent of accidents involve rollovers, but these accidents account for approximately 33 percent of all vehicle related fatalities. In Florida, approximately 25 percent of motor vehicle fatalities were the result of rollover crashes in 2007 according to the Traffic Safety Performance (Core Outcome) Measures provided by the NHTSA. In 2007, Georgia (31%), Alabama (40%), and California (29%) all had higher percentages of rollover fatalities than Florida, and New York (17%), Michigan (19%), and Mississippi (19%) had lower percentages of rollover fatalities than did Florida. The Insurance Institute for Highway Safety’s Status Report predicts that 135 lives will be saved each year by the amendment to FMVSS 216.

The changes that FMVSS 216 will require automobile manufacturers to make in the production of vehicles up to 10,000 pounds will mean that the roofs of cars, trucks, and SUVs will be even sturdier than they have been in the past. Not only will the driver side be able to withstand greater impact but the passenger side will be able to withstand greater impact as well. Proponents of the amendment to FMVSS 216 feel that this change has been long overdue and that by updating and improving the federal roof standards individuals will be more likely to survive a rollover crash.
 

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Basic Information on the Rhino ATV
After all of the accidents and injuries caused by use of the Yamaha Rhino ATV, one can't help but wonder if the product is safe. Studies have shown that poor design of the All Terrain Vehicle cause most rollovers. Such accidents have notoriously resulted in serious injury for both ATV drivers and passengers and in some tragic cases, have even led to the death of children. According to its critics, the Yamaha Rhino ATV has a high center of gravity due to its narrow bottom and top-heavy design, which makes the vehicle more prone to rollovers. The majority of the reported injuries affected the victims’ extremities, such as their legs, feet, arms and hands.

Rhino ATV Design Flaws and Insufficient Model Modifications
Until Yamaha released its newest Rhino ATV model in 2008, the vehicle lacked doors—an oversight that has triggered multiple accidents. Before this updated model of the Rhino was distributed, Yamaha only offered side doors as an accessory option. However, the inclusion of doors on an ATV is not only necessary, but it seems that even with the doors the Rhino may be unsafe. Some people have reported that the doors have unlatched in the case of rollovers—thereby endangering the passenger just the same.

In 2006, Yamaha acknowledged certain defects of the Rhino ATV, and released safety warnings as a result, such as seat belt and helmet recommendations. Then, in 2007, the company offered to install doors and passenger holds on all 2004-2007 models.

Despite the numerous reported rollovers, Yamaha has yet to acknowledge the flaws inherent within the Rhino ATV’s design and has only issued a recall for the vehicle’s brakes.

Click here to read: ATV Safety Tips

Click here to read: ATV Recalls

Click here to read: Florida Statutes for ATV Use

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A West Palm Beach Jury awarded a couple $11 million in a Product Liability suit. The case involved the death of the couple's 25 year old son in a  2004 rollover crash. According to the Plaintiffs the death was caused by a defective seat belt and front passenger seat of a Mitsubishi Sport Vehicle involved in the fatal rollover.

The Counsel for the Plaintiff argued the seat belt was called an "energy absorbent" belt and was designed with an extra 10 inches of overlapping fabric, that could break and cause the belt to extend. 

The Counsel for the Defense argued the loop of material installed on the front passenger seat was designed to help protect the passenger from head and chest injuries. The Defense attorneys are appealing the $11 million jury verdict.

Thankfully the driver's belt did not have any extra material, therefore he suffered only minor injures.

According to the National Highway Traffic Safety Administration's 2007 report of rollover crashes and outcomes, there were 10,553 fatalities involving rollovers in 2004. Florida came in third in the nation with 627 fatal Rollovers in Florida. Texas came in second in the nation with 876 fatal rollovers in Texas. California led the nation with 1068 fatal rollovers in California. Ironically, Montana led the nation percentage wise with 67% fatal rollovers in Montana.

Click here to read more of this case from the Daily Business Review and Click here to read more from NHTSA on Rollovers

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Rollover Accidents account for only 2% of all accidents, but account for 33% of all Traffic Deaths according to the National Highway Transportation Safety Commission.

The following is a breakdown of Rollover fatalities by motor vehicle type:

61% of SUV occupant fatalities occur in rollover crashes.

45% of Pickup Truck occupant  fatalities occur in rollover crashes.

33% of Van occupant fatalities occur in rollover crashes.

23% of Passenger Car occupant fatalities occur in rollover crashes.

30% of all motor vehicle occupant fatalities in Florida involve rollover crashes.

Click here to read more on Rollover Accident statistics from the National Highway Safety Administration.

Click here to read more on Analysis of Motor Vehicle Rollover Crashes and Injury Outcomes from the National Highway Safety Administration.

 

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