One of the regulations that the American Associaion for Justice (AAJ) is watching carefully during these final hours of the Bush Administration is the federal roof crush safety standard.
A roof crush standard has been pending for three years and has not been strengthened since 1973, before SUVs were a popular transportation option. Each year 10,000 people are killed and roughly 24,000 are injured in vehicle rollover crashes. The NHTSA estimates their proposed standard would save between 13 and 44 lives per year, an increase less of than one percent of the 10,000 deaths associated with vehicle rollovers.
Although the agency had proposed a standard the AAJ does not feel it is acceptable. The proposed standard increased the ability of a roof to withstand a force equal to 2.5 times the unloaded vehicle’s weight. But this standard would still result in killing or paralyzing most passengers in rollover accidents. The proposed final rule also included language (PREEMPTION) that would have given auto manufacturers complete immunity from all lawsuits, leaving them little incentive to make automobiles safer.
To see a copy of the report AAJ released on federal regulations with preemption language included in the proposed or final rule, see http://www.justice.org/Preemption_Rpt.pdf.
While we are working hard to protect people from the negligence of others, there are simple safety steps can that can reduce your risk for spinal cord injury:
If the injury is caused or contributed to by the negligence of others, we can help http://www.seelielaw.com .
Older drivers represent the fastest growing segment of the driving population. As this group expands, so too have public safety concerns, given older drivers’ increased rate of motor vehicle collisions per mile driven.
Florida in 2004, passed a law requiring all drivers 80 and older to pass a vision test before they could renew their driver’s license. Since that time, research shows that death rates from car collisions decreased 17% among drivers 80 and older, Gerald McGwin Jr., Ph.D., of the University of Alabama, and colleagues reported in the November issue of Archives of Ophthalmology.
Although this is good news, the results do not appear to actually be linked to the vision acuity of the driver.
Accidents in this age group may be partly attributed to medical, functional, and cognitive impairments, but there is little evidence for an association between visual acuity and motor vehicle collisions.
While the the law removed visually impaired drivers from the road, 93.3% of those who sought license renewal were successful.
Of the older drivers who failed the test, 77% of the 12% , sought vision care and were then able to pass the test.
Some of the elderly drivers who considered themselves to have poor vision may have chosen not to seek renewal believing they could not pass the vision test.
It is also possible that the observed decline in fatalities may result from a variety of other factors, none having anything to do with removing visually impaired drivers from the road, or improving the vision of those who still drive.
Since driving is important to the well being of older adults, future research is needed to find the true mechanism responsible for the decline in accidents.
It is important to ensure that such laws do not remove visually impaired, yet potentially safe, older drivers from the road when in fact the responsible mechanism may not be vision-related, the researchers said.
Automobile accidents are a common cause of brain injury in a young child. Because a child’s brain is undeveloped, it may take years to realize the impairments that the child faces as a result of a brain injury. Here are some facts surrounding children and brain injuries.
- New research shows that younger children, especially between birth and five years may experience more long-term challenges than an older child.
- Measures commonly used to evaluate brain injury severity were developed for adults, not children.
- Children do not lose consciousness as easily as adults.
- Motor function is not a direct indicator of cognitive or behavioral recovery.
- Intelligence tests often are unreliable measures of a child’s learning ability after TBI. Most intelligence tests measure prior learning.
- The majority of brain injuries occur to children under 10.
- A child’s different brain lobes maturate at different periods of time.
- In examining the long-term effects of traumatic brain injury on children it is important to look as to whether the child has any pre-existing learning disabilities, pre-existing neurological or psychiatric problems and whether there is a history of family problems.
All these issues are factors for poor outcome for children who have suffered a traumatic brain injury. If the injury is a result of a car accident, it is important to choose an attorney that understand Daubert issues in traumatic Brain injury cases.
The Federal Motor Vehicle Safety Standard (FMVSS) 207 which was enacted almost 40 years ago is the minimum seatback strength requirement mandated by the National Highway Transportation Safety Administration (NHTSA).
The standard merely requires that the seatback portion of a seat withstand 20 times the weight of an empty seat and remain upright when 373 newton meters of strength is applied to the back in a rearward direction. If this sounds like alot, you should knowthat a lawnchair tested by Dateline in 1995 exceeded these requirements.
The National Highway Traffic Safety Administration (NHTSA) is well aware of the problem and in 1996 actually admitted that the current standard was inadequate…this didn’t lead to any changes, only further recognition of the problem in 1997 and 1998. One of the reasons they are dragging their heels is over the concern that stiffer seatbacks will lead to more incidents of whiplash.
Compare a whiplash injury with a traumatic brain injury (TBI) that leads to permanent disability or death – which one would you chose?
For now, research into the car you own or are looking to buy is the best offensive you can take to keep you and your passengers safe. One Website with some information, though not nearly enough regarding seat failures, is http://www.Safecar.gov. Until we see higher seatback safety standards, we will continue to hear of tragic stories such as Alyssa’s. We need to write to NHTSA, to our local government and to our automobile manufacturers. These issues need to be resolved for the safety of all vehicle occupants.
One of the most common questions an attorney hears from people is “what should I do if I’m in a car accident?” A better way of looking at this question would be to remember what not to do. The most common mistakes that accident victims make can turn an easy case into a much more difficult one. Here is a list of mistakes most commonly faced:
1) Client failed to report the accident to their insurance company and Police.
2) Client failed to document injuries to Rescue, Police, and Insurance.
3) Client failed to go to a doctor to document injuries.
4) Client made a signed or recorded statement to his or her own insurance company without first seeking legal advice.
5) Client made a signed or recorded statement to the party at faults insurance company without first seeking legal advice.
Although these might seem like easy things to remember and avoid, it is often the stress of the accident that causes people to make mistakes. If you remember to document all information and seek legal advice, it will help in resolving the case as quickly as possible.
Bell’s palsy is a temporary paralysis or weakness that usually occurs on one side of the face when there is damage to facial nerves. The condition may also be referred to as acute idiopathic facial palsy or Bell’s palsy syndrome.
Trauma is one of the more common causes of facial paralysis. Head trauma such as may occur in a car accident can result in skull fractures. If these skull fractures occur near or involve the course of the facial nerve, the nerve can be injured. Swelling of the nerve can result in further injury and possibly brain injury. In addition, because the facial nerve courses across the face, a deep cut on the face can potentially cut the facial nerve. Finally, certain surgical procedures can result in injury to the facial nerve.
According to a recent British study, SENDING a text message on a mobile phone while driving is more dangerous than being drunk or under the influence of drugs.
The group studied were betweeen the ages of 17 and 24. Interestingly enough, the reaction times an distraction level were significant even if they were just reading the messages or ignoring the messages.
This study comes out on the heels of a tragic train accident last week.
The National Transportation Safety Board examined cell phone records after two 14-year-old boys said they had received text messages from the engineer moments before the commuter train sped through a red light and crashed into an oncoming freight train.
Members of the FRA’s railroad safety advisory committee had been considering restricting electronic device usage in the locomotive cab as it develops new safety rules, agency spokesman Steven Kulm said. He said the group discussed the matter in meetings earlier in the year. At a minimum, this safety rule should be in effect for public transportation and should be considered for our highways as well.
