Washington DC Injury Attorney Blog

The Higher Your Body Mass Index the Less Likely a Driver Is To Buckle Up

Thu, 03 May 2012 09:11:19 -0500

In a study conducted at the University of Buffalo, using data from the National Fatality Analysis Reporting System (FARS) and the National Highway Traffic Safety Administration (NHTSA), it was determined that 67 percent of normal weight drivers wear seatbelts while obese drivers do not.

Drivers considered to be overweight or obese are determined by their Body Mass Index (BMI). A person who has a BMI of 25 or more is considered obese by the World Health Organization, a person with a BMI of 30-35 is slightly obese, a BMI of 35-40 is moderately obese and a BMI of over 40 is considered morbidly obese. Considering that one-third of the US population is overweight and one-third is considered obese, this is of a great concern.

Obese drivers may find it more difficult to buckle up a standard seatbelt and therefore do not wear a seatbelt as often as normal weight drivers, so that means that the heavier the driver, the less likelihood that seatbelts were used.

Not buckling up is very dangerous because it delivers more force to the body much more quickly while also increasing the chances of being thrown about the car. Therefore, morbidly obese drivers have a 56 percent higher chance of death as a result of an automobile crash than normal weight drivers.

NHTSA Proposal for Override Brake Systems Implementation

Thu, 19 Apr 2012 09:19:23 -0500

On April 12, 2012, the National Highway Traffic Safety Administration (NHTSA) released a 98 page proposal to upgrade the current safety standards of vehicles by implementing brake-override systems in all vehicles. The proposal is aimed at preventing runaway car crashes. Federal safety administrators propose that all new cars and trucks have brake-throttle override systems. This means that a vehicles brake system would work even if the gas pedal is stuck while the driver is trying to brake (ie: sticky pedals or pedal entrapment issues), therefore; minimizing the risk of driers losing control of their vehicles in emergency situations. A perfect example of this problem is the Toyota's unintentional acceleration problems from 2009 and 2010, where Toyota vehicles were accelerating and the drivers could do nothing to stop the vehicle and therefore crashes occurred and people were injured. As a result of the acceleration problem of certain Toyota vehicles, a recall of over 10 million vehicles went into effect. The NHTSA brake-override proposal would stop that from happening ever again.

If passed, the proposed rule would go into effect September 1, 2014, but would exclude vehicles that weigh over 10,000 pounds. One of the important issues is that if this rule goes into effect, it would cost little to implement, considering that most new vehicles have the software already. Toyota, Ford Motor Company and Chrysler Group LLC already have the brake override systems in all their vehicles since 2011.

Women Drivers More Dangerous Behind the Wheel

Tue, 10 Apr 2012 11:51:56 -0500

In research obtained by scientists at the University of Michigan who analyzed 6.5 million automobile crashes between 1998 and 2007, it was determined that women are more likely to be involved in automobile accidents than men. In this study, it was found that women were involved in 68.1% of all crashes, even though men drive 60% of the time and women 40%.

The research also uncovered that women have a more difficult time at crossroads, T-junctions and slippery roads/surfaces. Women are most often involved in accidents were their vehicles are hit on the left-hand side while attempting right hand turns and vice-versa. Height difference between men and woman is also considered a factor. The peripheral vision while driving is different for women when compared to men, because of their height and in turn their sitting position in the driver seat of their vehicle.

According to Lead researcher at the University of Michigan, Dr. Michael Sivak, "There are three dominant driver-related factors, including the probability of being at the wrong place at the wrong time, one's own driving skills and the driving skills of the other driver involved."

Women are taking greater risks while driving now than they ever were. Women are now more distracted while driving, these distractions involve: drinking and driving, speeding, texting, etc. Therefore, the risk of being involved in a fatal automobile crash rises with the driver's blood alcohol levels. Women need to pay more attention when behind the wheel and realize that anything can happen, if one is not careful and attentive to ones surroundings. It is our own responsibility to stay as safe as possible and conduct ourselves in a safe manner when behind the wheel. One must remember that Driving is a Privilege and not a Right!

Harassment suit filed by Employees against Floyd Starnes, Kemp Mill Elementary School Principal in Montgomery County, Maryland and the Montgomery County Board of Education

Tue, 03 Apr 2012 11:42:24 -0500

In the spring of 2007, Mr. Floyd Starnes was hired to fill the Principal position at Kemp Mill Elementary School in Montgomery County, Maryland. Since then 6 school employees have filed a suit against him and the Montgomery County Board of Education in the Montgomery County Circuit Court for harassment.

Principal Floyd Starnes is being accused, by 6 current and former employees at Kemp Mill Elementary School, of not only inappropriate touching but verbal abuse and also for failure to report suspected child abuse cases and bullying.

The interesting issue is that this is not the first time this kind of complaint has been made against Principal Starnes. Montgomery County Education Association President, Doug Prouty, acknowledged that representatives have made various visits to the school since Principal Starnes was hired in 2007 but that no charges have been made against Principal Starnes.

A climate survey is taken yearly at all Montgomery County Public Schools in which teachers and other employees give their opinion on whether they would consider their school as having a positive work environment and since the hiring of Principal Starnes the survey results have dropped. Before Principal Starnes was hired, the results of the yearly climate survey were that all survey takers (100 percent of those surveyed) at Kemp Mill Elementary found the school to have an almost perfect and positive working environment and since his arrival it has dropped significantly to only 10 percent.

The Plaintiffs in this suit are seeking monetary damages and the immediate termination of employment of Principal Starnes.

Thu, 22 Mar 2012 09:41:51 -0500

As of July 1, 2012, in the state of Virginia, every first time drunk-driving offender will be required to install an ignition interlock device in their automobile. The ignition interlock device is a breathalyzer in your vehicle that prevents the vehicle from starting if the driver fails the on-board alcohol breath test. In Virginia, the device is set to fail if the reading is above 0.02 percent blood alcohol content. The National Highway Traffic Safety Administration sets the standards for the device and it varies from state to state. The device is quite small and integrated into your automobiles starting mechanism.

This new punishment bill for drunk drivers was approved by over 80% of legislators in Virginia, making the state one of the 15 states that already require mandatory interlock ignition devices for first time drunk driving offenders. In Virginia alone there were over 30,000 DUI and DWI convictions, out of which most offenders had a blood alcohol content of 0.14, in 2010. As for automobile accidents: alcohol related crashes were about 7% of total accidents, but made up about 37% of fatal accidents in Virginia, in 2010.

The Guidelines for the new law require that:
- A judge will order the installation of the ignition interlock device. After which, the court clerk will register the court order with the Department of Motor Vehicles, which will restrict the defendants driver's license and then the driver must show proof that the ignition device was properly installed in their vehicle, within 30 days of the court order.
- The court will revoke the driver's restricted license if the offender does not install the device within the 30 days after the court order is made and if the device is not properly maintained and monitored.
- An electronic log of all breathalyzer test readings will be maintained by the device. Should the offender fail any of the tests, both random and initial starter tests, the vehicle's horn will sound, repeatedly, and the lights will flash.
- The device must remain in the offenders' vehicle for 6 consecutive months without a failed breathalyzer test result and the offender may not drive any other vehicle without the device.
- After a second DUI/DWI conviction, every vehicle registered and owned by the offender must have a device installed.

In addition to the ignition interlock device, the following are also consequences of drunk-driving punishments in Virginia:
- Suspension, restriction and or revocation of the offenders' license
- Jail or prison time
- Fines
- Community service
- Probation
- Alcohol education
- Criminal record
- Treatment
- Vehicle impoundment, and
- Repayment of costs incurred by the state for state property damage, police costs and fire/emergency services

Therefore; if you or a loved one is arrested for and/or charged with DUI or DWI, you must contact my office to discuss your legal rights and discuss a plan of defense.

Should Smoking Be Banned in Vehicles with Children Under the Age of 8 in Maryland?

Mon, 12 Mar 2012 11:56:02 -0500

Various studies have linked secondhand smoke to asthma and other chronic illnesses in children, therefore; the Maryland Senate opened discussions in late February 2012, in which a Ban on smoking inside vehicles with child passengers would be put into legislation. If passed, the new bill would fine drivers and passengers up to $50 if they are caught smoking in a vehicle with a passenger 8 years old or younger, but it would not be considered a moving violation and would not add points to a persons' driving record.

The bill would reduce the number of long-term illnesses caused by and associated with secondhand smoke and it would also lower the state's medical costs.

Studies have shown that secondhand smoking is more harmful in cars than in other areas and locations. The toxicity levels have sometimes reached 10 times greater than those deemed acceptable by the Environmental Protection Agency.

Children exposed to smoke are more likely to die from Sudden Infant Death Syndrome than babies who are not exposed to smoke. These babies have also been shown to have weaker lungs and increased risk of other health problems because they have been exposed to smoke. Also, children exposed to secondhand smoke experience more severe and frequent asthma attacks and are at a higher risk for ear infections then those not exposed to secondhand smoke.

Over 4,000 different chemicals have been identified in secondhand smoke and over 40 of these chemicals have shown to cause cancer, therefore; children exposed to secondhand smoke are being poisoned and have no choice in the matter. It is up to the parent and/or guardian to keep children safe and healthy and therefore; bills like this one should be passed.

NHTSA Proposes New Distracted Driving Guidelines in D.C.

Mon, 27 Feb 2012 11:11:11 -0500

On February 16, 2012, the U.S. Department of Transportation proposed a new set of guidelines for distracted-driving, because in 2010, there were over 3,000 deaths as a result of distracted driving in the U.S..

According to the National Highway Traffic Safety Administration (NHTSA), the guidelines would "not allow manual text messaging, internet browsing, social media, navigation destination entries, 10 digit phone dialing or displaying more than 30 character of texts unrelated to the driving task while the vehicle is in motion." The proposed guidelines would recommend auto makers to disable in-vehicle electronic devices (which include texting and hands-free cellphone calling) that are currently available to drivers while the vehicle is in motion. The guidelines would affect General Motors On-Star, Chryslers UConnect, and Fords Sync Technology, mostly.

There will be hearings in Washington, D.C., Chicago and Los Angeles in the next 60 days, for the automobile industries and the public to comment on the proposal set out by the U.S. Department of Transportation. After the 60 days, the NHTSA will issue the final guidelines.

Truck Accidents on the Rise Nationwide

Mon, 13 Feb 2012 10:41:52 -0500

Commercial truck accidents are on the rise and there has been an increase in the number of people killed in motor vehicle accidents involving commercial trucks nationwide. In 2010, there was an increase in fatal commercial and large truck accidents. The increase was 8.7 percent when compared to 2009 statistics reported by the National Highway Traffic Safety Administration (NHTSA). This percentage means that in 2010, 3,675 motorists were killed as a result of accidents involving commercial trucks and buses.

This is an alarming rate when one considers that in 2010 motor vehicle fatalities decreased from previous years. The information provided by the NHTSA is causing safety groups and trucking industries to analyze and study ways to prevent future accidents from happening. These groups are urging the Senate to pass the Commercial Motor Vehicle Safety Enhancement Act of 2011. This new bill would add several new safety regulations for truck and bus operators. It would require commercial drivers to use electronic onboard recorders (EOBRs) in order to monitor their hours of service and reduce truck driver fatigue, it would increase the Federal Motor Carrier Safety Administration's (FMCSA) power to stop truck companies from re-opening once they have been closed down due to safety issues, and the new bill would also allow the alcohol and drug testing records of commercial operators to be disclosed to their employers. All the new regulations in the Commercial Motor Vehicle Safety Enhancement Act of 2011 would decrease the number of commercial truck and bus accidents.

If you are a loved one has been involved in an motor vehicle accident involving a truck, contact our office immediately so we can advise you of your options and help you obtain compensation for your injuries and other losses.

Teen Automobile Related Fatalities on the Rise in Virginia

Mon, 30 Jan 2012 10:50:05 -0500

Between January 1, 2012 and January 24, 2012 there have been 11 teen automobile related fatalities in Virginia. At the same time period in 2011 there were only three. This is a huge increase that could be avoided if certain precautions were taken. The most common factors in the fatal automobile crashes are speed, distractions, alcohol, no use of seat belts and cell phone use.

Virginia safety organizations are urging teen drivers, as well as their parents, to take precautions to prevent further tragedies. Some of the precautions suggested are:
Teens:
- Obey posted speed limits;
- Do not Text, Talk or use handheld devices while driving;
- Do not drive distracted by changing radio stations, eating or by having too many passengers in the vehicle;
- Commit to driving safely;
- Always wear your seat belt.

Parents:
- Talk to your teen about the dangers of speeding and driving distracted;
- Set clear rules for driving and let them know that it is a privilege and not a right. They need to earn the privilege and that there are consequences to their actions;
- Set curfews, passenger limitations and make clear the punishment if these rules are broken.

Schools and Safety Organizations:
- Discuss the increase in teen fatalities, so that they are aware;
- Educate students on safe driving practices through interactive methods. Use visual displays, videos, guest speakers and programs;
- Post seat belt reminders and no cell phone use signs all over school property and all parking areas.

For more safety tips and information, visit the following websites: www.yovaso.net and www.blueridgecrashteams.org

Electric Car Charging Stations Coming to an Area Near You

Thu, 19 Jan 2012 09:29:41 -0500

In the state of Maryland there are 202 plug-in electric vehicles registered, of which, 94 of them are registered in Montgomery County. The owners of these plug-in electric vehicles will now have more charging stations throughout the county. A national real estate and development firm, Federal Realty, is in partnership with Car Charging Group to install eight more electric charging stations on the east coast, seven of which will be right here in the metropolitan area. In Montgomery county there will be one at the Rockville Town Square and one at Bethesda Row. The charging stations will be of the category level II and 240-volts. Charging stations come in three levels, the higher the level, the quicker the electric car charges.

These charging stations work just like gas pumps. All you need to do is pull up, plug-in and pay for the electricity with a credit card. The cost per hour of electrical charging will be between $3.00 to $4.00. An electric car can travel an average of 100 to 200 miles between charges.

There are also a lot of tax benefits to owning an electric car. Anyone who registers and titles a plug-in electric vehicle in the state of Maryland through July 1, 2013, is eligible to claim $2,000 excise motor vehicle tax credit along with the already established $7,000 federal tax credit for owning electric vehicles. Also, owners of electric cars can claim a $400 tax credit toward the installation of electric vehicle charging stations in their homes.

For more information on the locations of charging stations in your area, please visit www.mychargepoint.net

Pedestrian Deaths Among Hispanics in Montgomery County, Maryland Is Alarming

Wed, 04 Jan 2012 09:11:59 -0500

There were 11 pedestrian deaths in Montgomery County, Maryland in 2011 and five of them victims were Hispanic. Hispanics only make up about 17 percent of the county's population, therefore; this rate is alarming. According to the AAA Midatlantic and the Latino Advocacy group Casa de Maryland, the number of Hispanics that died as a result of pedestrian accidents is disproportionate when considering that Hispanics only make up a small percent of the County's population.

According to the AAA, Viers Mill Road is one of the deadliest and most dangerous streets for pedestrians. Out of the five victims in 2011, four of them were killed on Viers Mill Road.

Phil Andres, a Montgomery County Council member says that the county will continue its efforts to reach and educate Hispanics on traffic safety, but that it is also up to the pedestrian and drivers in Maryland to be more careful and follow traffic and safety rules more carefully.

Cell Phone use should be a minimum and texting while driving is now illegal in Maryland, therefore, one should not send, receive or view text messages while behind the wheel. Also, cell phone use is only allowed when using an ear piece/bluetooth or if your vehicle comes equipt with hands-free talking. If all drivers follow these rules and more pedestrians make sure and cross at intersections and crosswalks hopefully the number of pedestrian accidents and deaths will lower for all Montgomery County Residents.

Automobile Related Fatalities Decreased in Maryland in 2010

Fri, 16 Dec 2011 09:40:10 -0500

The number of automobile accident related fatalities decreased by about 10 percent, according to the National Highway Traffic Safety Administration, from 2009 to 2010. In 2009, there were 549 automobile accident related fatalities and in 2010 there were only 493. The reason there was a decrease is because there are better air bags and anti-rollover technology in newer vehicles, drivers are using their seatbelts properly and more often and there has been an improvement in safe-driving campaigns in the state of Maryland, according to the AAA Mid-Atlantic.

Another factor for the decrease is that Maryland police officers and other law enforcement officers have been cracking down more on drunk drivers. Repeat offenders have had to install start up kits/breathalyzer machines in their vehicles that do not allow the vehicle to start/turn on if there is alcohol in their system.

Also, speed limits are followed more by drivers because of red light and speed cameras all over the state of Maryland. Therefore, drivers are respecting the speed limit in certain areas more. Another factor is that in the state of Maryland it is prohibited to use a handheld device while driving. Be it for talking on the phone, texting, viewing messages or communicating through media outlets while driving.

When you consider all these factors, one can better understand how there has been a 10 percent decrease in automobile accident related fatalities in Maryland. One can only hope that there has been a bigger decrease in 2011.

NHTSA Investigates Batteries of Chevrolet Volts

Tue, 06 Dec 2011 11:21:15 -0500

After crash tests results show that batteries are catching fire on the Chevrolet Volts, the NHTSA will get involved and further investigate this safety problem. The fire risk of the Chevrolet Volts will be investigated by the NHTSA in the coming weeks. In the meantime, General Motors Company, has offered all Chevrolet Volt owners rental vehicles until the NHTSA's investigation is complete. If you own a Chevrolet Volt, you should contact your dealer immediately.

The investigation needs to determine whether the lithium-ion batteries have a higher risk of catching fire in certain types of automobile crashes. A recall could be issued if it is determined that this is so.

So far crash test results show that when the Volts have a side impact, that causes damage to the battery compartment and coolant line, can lead to a fire. The problem is that in some of the cases in the tests conducted showed that the fire might not ignite right away and could take a few days before actually catching on fire.

The crash test in questions was conducted by the New Car Assessment Program (NCAP). Three separate tests caused the batteries to either heat up or burst into flames. The first test was done in May and it was a side impact test to show how well the vehicle protects passengers. Three weeks after the test was conducted the vehicle's battery caught fire.

In November three more tests were done. One resulted in no fire or increase in battery temperature, but the other two tests resulted in batteries smoking, sparking and catching fire.

General Motors, the Department of Energy, the Department of Defense and the NHTSA are all working together to continue testing the Chevrolet Volt's lithium-ion batteries and to determine what is causing these batteries to ignite.

While these investigations are being conducted Chevrolet Volt owners should be cautious and if you feel unsafe, contact your dealership directly and request a rental vehicle. If you are involved in a collision and the battery catches on fire, make sure and exit the vehicle quickly and safely and make sure and advise the fire department or any rescue crew that responds to the collision about the battery issue and electrical issue of your vehicle, so they can better respond to the situation, if possible disconnect the battery.

2009 NHTSA Car Theft List

Mon, 28 Nov 2011 10:09:33 -0500

The vehicle that was stolen the most in 2009 was the Audi S8, with 8.81 thefts per 1,000 vehicles produced. That means that 2 out of 227 Audi S8s produced were stolen in 2009, according to the National Highway Traffic Safety Administration (NHTSA). The second highest theft rate is 8.61 vehicles per 1,000 stolen by the Ford Shelby GT Mustang. That means that 5 out of 581 Shelby mustangs were stolen in 2009. The other vehicles that top the list are the BMW M5, the Dodge Charger and the Honda S2000.

NHTSA did not however track trucks, minivans, pickups or SUVs. If they had, the Cadillac Escalade would have most likely topped that list.

Theft rates of sedan vehicles in 2009 is however lower than it was in 2008. The theft rate went from 1.69 per 1,000 vehicles in 2008 to 1.33 per 1,000 vehicles in 2009. NHTSA believes that the decrease in thefts is a result of the increase in antitheft device use and increase prosecution by police officers nationwide.

Women Have Greater Risks for Injury During Car Crashes

Wed, 16 Nov 2011 09:17:41 -0500

The University of Virginia researchers used information gathered by the National Highway Safety Administration on over 45,000 crash victims in a ten year span, to show that women have a higher risk of injury during car crashes in the United States. Their study was published in late October of this year. The study showed that on average, women are up to 5 and a half inches shorter then men, weight about 35 pounds less then men and drive sedans (more then SUV's). With these factors in mind it was determined that 47% of the over 45,000 crash victims were women who suffered severe injuries.

The researchers determined that men have more neck strength and are more muscular over all then women. Also, men sit differently in vehicles and therefore; their heads fit better against the head restraints in vehicle then women. Car safety devices, they determined, are designed largely for men, therefore women are at higher risk for injuries.

In the meantime, researchers at the University of Virginia are instructing women to continue to use seat belts properly and maintain proper seating posture.