But now, what was previously a standard product liability lawsuit has devolved into a messy legal fight over damages, bankruptcy and the 2009 government bailout. Specifically, GM is claiming that, because it technically became a completely new company following its bankruptcy and restructuring, that it should not be held liable for the actions of its previous incarnation.
]]> The legal fight is focusing on punitive damages, which aim to punish companies for reckless actions such as selling products with the knowledge that they have potentially dangerous defects. GM says that it should not be punished for the defects in vehicles manufactured by "old GM," and it has threatened the widow with a long, complicated court battle if she pursues punitive damages. Not willing to deal with such a case, the widow has withdrawn that claim, although she is still seeking compensatory damages.But does GM have the legal ground to fight against punitive damages? Chrysler, in comparison, has successfully immunized itself against punitive claims about vehicles that were manufactured prior to its restructuring. However, the court documents in Chrysler's restructuring specifically included a clause protecting it from punitive damages. GM's case included no such language.
Certainly, this case will continue to develop. We will update our blog with any new developments.
Source: Wall Street Journal, "WSJ: GM Claims Immunity For Its Old Cars," Mike Spector, May 16, 2012
]]>Although dog bite injuries seem few and far between, they are actually more common that most of us think: about 4.7 million dog bites are estimated to occur every year in the U.S. It is possible that they only seem so rare because only the worst, most traumatic bites get reported on. But even a minor bite can produce an injury, especially considering the fact that children between the ages of 5 and 9 are the most common victims of dog bites.
]]> As such, parents and dog owners alike should mark Dog Bite Prevention Week by instilling some additional education and training into their children and pets. Here are a few tips on how to prevent dog bite injuries, provided by a veterinarian who has been the victim of a dog bite herself.For parents: teach your children how to interact with dogs, and always follow the rules for safe interaction. However, you should remember that following the rules does not guarantee safety, so always supervise your child when he or she is interacting with a dog.
For dog owners: train your dog to interact safely with strangers - teaching them not to jump up and bite, for example. Make sure your dog is always current on rabies information. Further, keep a copy of your vaccination certificate handy in the event that your dog bites someone, so that person can be secure in the knowledge that they do not need to get the rabies vaccination series.
Source: WebMD, "Dog Bites Happen to Everyone, Even Me!" Ann Hohenhaus, May 11, 2012
]]>According to the U.S. Department of Transportation (DOT), bicycle accident fatalities have declined significantly in the last decade. However, those numbers could be reduced even further if bicyclists of all ages wore a helmet whenever they were on two wheels. The DOT estimates that only one out of every 10 bicyclists killed in accidents were wearing helmets at the time of the crash.
]]> Therefore, bicyclists are urged to wear helmets. It is important that a helmet is the appropriate size and that it fits correctly: it should fit tightly on top of the head and the straps should be snug under the rider's chin.Bicyclists should also ensure that their bike is the correct size. If your feet are not able to touch the ground when you're sitting on the seat, you may need a different size.
In addition, bikers should always wear bright clothing when they ride, and place lights and reflectors on their bikes and bodies when they ride at night. Check the air levels in your tires before every ride, and make sure your gears and brakes remain in good working condition. It may be a good idea to take your bike in to a bike shop for a tune-up if it has been a few months (or more) since you have been on it.
Source: News Times, "Going on a Bike Ride? Stay Safe!" May 11, 2012
]]>With about 25 million U.S. residents having limited proficiency in speaking and understanding English, this happens fairly regularly. Unfortunately, many medical facilities do not have sufficiently trained interpreters, which can lead to medical errors, according to new research on the issue.
]]> Federal law dictates that any hospitals that receive federal funds must offer some type of translation help for patients. But it does not specify the quality or format of that required interpretation. As a result, many hospitals have undertrained translators on staff, and other facilities rely on patients' friends and family members to interpret, all of which results in a notable increase in medication and other medical errors.In the study, researchers examined 57 instances in which a child from a non-English speaking family was seen in a pediatric emergency room. Of those, 20 families had help from a professional interpreter, 27 had a 'non-professional' interpreter (most likely a family member or friend) and 10 had no interpreter.
According to the study, the families with professional interpreters had a 12 percent chance that a translation error could result in potential health risks to the patient. When the interpreter was a family member or friend, that chance increased to about 20 percent.
From this study, it seems that ensuring reliable, skilled translation services would be an easy way to cut down on preventable hospital errors.
Source: Reuters, "Interpreters in ER may limit medical errors: study," Amy Norton, April 17, 2012
]]>According to a new study, distracted driving currently causes about 950,000 car accidents every year. But the improper use of turn signals, an issue which has received significantly less attention than texting behind the wheel, causes about 2 million crashes per year.
]]> This is not to say that distracted driving is not an important issue, of course. But it raises the question: why don't transportation officials pay more attention to turn signals, especially because it seems that the failure to properly signal is a behavior that is easily corrected?For example, there is a new technology called the 'Smart Turn Signal' system which would act like current seatbelt technology by issuing a 'friendly reminder' if drivers fail to use turn signals. It would also automatically shut off a turn signal by timing out after a set period of time or by detecting when the lane change or turn is complete.
It remains to be seen whether this technology will become a part of new vehicles going forward. Turn signal reminders seem like a cost-effective way to prevent a significant number of accidents, so hopefully they become reality in the near future.
Source: MSNBC, "Turn signal neglect a real danger, study shows," Paul Eisenstein, May 1, 2012
]]>Yes, just thinking about your cell phone could cause you to be involved in a car accident, the study found. To reach this conclusion, researchers surveyed approximately 385 college students about their attachments to their mobile devices, and then measured their involvement in car crashes for three years.
]]> The researchers found that students who had been found to be the least attached to their phones averaged about 25 motor vehicle accidents per 100 people per year. But the students who were the most attached to their devices had 38 crashes per 100 people per year.This seems to indicate a link between cell phone attachment and car accidents. However, one possible explanation for the link is that the study participants were college students, and were already had an increased crash risk due to their age and lack of driving experience.
But researchers believe that attachment may cause people to expect things to happen on their phones, continually checking their devices even when they have not received a text message or call. This pulls their attention from the road and causes them to be involved in car accidents.
What is your opinion? Do you think people who are attached to their devices are more likely to be involved in car accidents?
Source: The Atlantic, "Can Simply Thinking About Your Phone Lead to a Car Crash?" Brian Fung, April 30, 2012
]]>The medical malpractice and wrongful death lawsuit was filed in Arizona by the adult children of a man who died in 2004 after his replacement heart valve became infected. Specifically, the man underwent heart surgery in 2003 and fell ill the following winter. He was treated in Arizona before returning to his home in Minnesota, where doctors determined that the valve was infected. The man soon passed away.
]]> Following his death, both the man's widow and the couple's children sued the Arizona medical facility where their husband and father was treated. The jury found that the facility and practitioners had been negligent in treating the man, and awarded $1 million to his widow. The children, however, were awarded no damages. They appealed the zero verdict, and the case ultimately went up to the Arizona Supreme Court. There, the justices upheld the jury's decision not to award damages.In the ruling, the justice writing for the court said that Arizona's wrongful death laws state that the jury "shall give such damages as it deems fair and just." Therefore, he said, the jury's decision not to award damages to the children "was not impermissible as a matter of law."
Source: The Arizona Republic, "Court backs jurors in negligence decision," Howard Fischer, April 26, 2012
]]>Specifically, the proposal was made by the Federal Motor Carrier Safety Administration, in an effort to reduce the number of truck accidents caused by driver fatigue. The agency is targeting sleep apnea for two reasons. First, it is common among male, middle-aged, overweight men, which is a frequent demographic in the trucking industry. Second, sleep apnea results in chronic fatigue, which causes increases in reaction times, lapses in attention and distractibility in truck drivers.
]]> These side effects can have deadly consequences: according to a recent study, a driver with sleep apnea is about 250 percent more likely to be involved in a crash than a driver who does not have the disorder.Under the new regulations, truck drivers with a body mass index (BMI) of 35 or more must be evaluated for sleep apnea. Other conditions that would trigger immediate disqualification of a driver are a fatigue-related truck accident or pending sleep apnea screening or treatment. The evaluating medical professional could then approve a 60-day conditional driving card while that evaluation and treatment takes place.
What do you think? Should truck drivers automatically be tested for sleep apnea? Is the BMI threshold a fair way to determine who should be tested?
Source: TruckingInfo.com, "FMCSA Proposes Guidance for Sleep Apnea," Oliver Patton, April 20, 2012
]]>Specifically, the study found that the risk of motorcycle accidents, injuries and fatalities is the highest during a motorcyclist's first year of riding. Further, that risk peaks during the rider's first month on the road: the first 30 days are about four times more risky than a motorcyclist's entire second year.
]]> According to Matthew Moore of the Highway Loss Data Institute, the results of the study are not entirely surprising. "It's most likely inexperience," he said. "Operating a motorcycle is a fairly complex task."For example, he said, there are about six actions required to simply pull out on a hill, including balancing on one foot, braking, shifting the gear, feathering the throttle, releasing the clutch and, of course, watching for oncoming traffic. For new riders, this can be a lot to keep straight.
The study also found that motorcycle licensing courses generally do not lower the driver's chances of being involved in a motorcycle crash. In fact, they may actually increase the risk by reducing the amount of practice and time that is required to obtain a motorcycle license.
Motorcycle accident deaths peaked in the U.S. in 2008, with 5,312 fatalities nationwide. That number dropped by nearly 1,000 deaths the following year, which is widely attributed to a decline in sales and ridership due to the economic recession.
Source: The Republic, "Motorcycle crash risk drops sharply after the first month on the road," Michael Virtanen, April 15, 2012
]]>Although the latter is not reported as widely as the first two, it is a fairly common occurrence for police officers and other emergency responders to suffer dog bites when they enter a home or other potential crime scene. When police are confronted by dangerous dogs that keep them from doing their job, or worse, threaten them with injury, sometimes they have no choice but to shoot.
]]> Police officers generally have wide discretion on the scene and in determining whether a dog at the scene poses a threat. According to one police spokesman, if an officer "has reason to believe that a dog is going to attack," he or she may shoot the animal. "There is wide range there," the spokesman said, "but if I'm an officer I don't want to be bit."However, there are several individuals that oppose the use of deadly force on dogs, for more reasons than just the welfare of the animal. "It's not just the love of the dogs," said a lawyer who represents the families of dogs shot by police. "They're...shooting up homes. How do you know there isn't a kid behind the couch where the dog is? There's going to be a real tragedy some day if this keeps up."
Source: Star Tribune, "Dangerous dogs are a quandary for police," Matt McKinney, April 15, 2012
]]>Specifically, there were three serious auto-pedestrian accidents within one week in Scottsdale, causing serious injury or death to a walker, a runner and a bicyclist. The causes of the crashes varied, ranging from alcohol impairment to driver inattention.
]]> The first accident took the life of a 69-year-old woman, who was struck by a pickup truck as she walked across a Scottsdale street at about 7:30 a.m. According to police reports, the woman was crossing through an intersection when the truck turned left and crashed into her.The second fatal crash occurred when an SUV suddenly swerved into a bicycle lane and directly into a 53-year-old bicyclist, who suffered fatal injuries. The driver of the SUV was cited in connection with the crash.
The third accident took place when a runner attempted to cross a street against the light, and ran into the side of a pickup truck driving down the street. The runner suffered a head injury, but is reportedly expected to survive.
Police are not sure of the reason for the sudden increase in car accidents, but they believe that the change of season may have much to do with it. As the weather gets warmer, more pedestrians and bicyclists are likely to be out on the street. Hopefully, this increase does not continue in the coming months.
Source: The Arizona Republic, "Cars vs. pedestrians on rise in Scottsdale," Ofelia Madrid, Mar. 17, 2012
]]>Under the proposed guidelines, which were announced by the federal Department of Transportation, car manufacturers would not be allowed to text, email, surf the Internet, or input information into a GPS or other device unless the vehicle is in park. Doing so, the NHTSA says, will help to prevent the distracted driving-related car accidents that cause so many injuries and fatalities every year.
]]> Critics of the guidelines question that statement, noting that the guidelines would only affect devices that are built into the vehicle and not standard cell or smartphones. But the NHTSA says that more automakers are looking for build these devices into new vehicle models as a way to attract consumers, and that the law will therefore have a positive effect on traffic safety."We recognize that vehicle manufacturers want to build vehicles that include the tools and conveniences expected by today's American drivers," said NHTSA Administrator David Strickland. "The guidelines we're proposing would offer real-world guidance to automakers to help them develop electronic devices that provide features consumers want - without disrupting a driver's attention or sacrificing safety."
The NHTSA also says that it plans to unveil a second phase of the guidelines in the future to address external devices that drivers commonly use behind the wheel.
Source: CNET, "Feds to automakers: Block drivers' tweets, texts, surfing," Don Reisinger, Feb. 17, 2012
]]>The new campaign is aimed at not only raising awareness about the risk of motorcycle accidents, but is also working to educate drivers and motorcyclists alike about how they can prevent such crashes. Specifically, the campaign offers guidelines to help protect motorcyclists from injury and death, and to protect all drivers from the potential legal implications of a crash.
]]> Some of the guidelines included in the campaign are:Safety campaigns such as this are, unfortunately, a necessity in the U.S. This is largely due to the relative size of a motorcycle in comparison to cars, and the protection (or lack thereof) that a bike offers. Because of these factors, motorcyclists are about 25 times more likely to die in a crash than car drivers or passengers, and five times more likely to be injured.
Source: InjuryBoard, "Start seeing motorcycles - before you hit them," Lindsay Rakers, Mar. 20, 2012
]]>According to the study, teenagers with attention deficit disorder (ADD) or attention deficit hyperactivity disorder (ADHD) are between two and four times as likely as other teenagers to be involved in a car accident. This essentially places teens with ADD and ADHD at a higher crash risk than an adult who is driving while legally drunk.
]]> There are three main factors that contribute to the increased crash rates in teens with ADD or ADHD: inattentiveness, impulsiveness and immaturity.First, ADD and ADHD make it difficult for teenage drivers to pay attention, maintain focus and avoid distraction. Second, teens with either disorder are generally more impulsive, which results in a greater level of risk-taking behind the wheel. This means that they are more prone to engaging in aggressive driving behaviors, such as speeding, or simply overestimating their driving abilities.
Third, teens with ADD or ADHD often show a lack of maturity through poor judgment, behavioral problems or an inability to handle independence. If this is the case, researchers say, parents may want to delay their child's licensing process until they are older and more able to handle it.
However, the study found that stimulant medications that help focus attention may lower the crash risk. Therefore, researchers say, parents should ensure that their teens are taking their prescribed medications before getting behind the wheel.
Source: SFGate, "Study: ADHD teen drivers run higher crash risk," Mar. 27, 2012
]]>With government statistics consistently showing teenagers to be the highest risk category of drivers in the country, and car accidents to be the number one cause of adolescent deaths -- this should surprise no one. What may surprise you are some of the findings the AAA released in a report earlier this week.
]]> Researchers from the AAA Foundation and the University of North Carolina Highway Safety Research Center recently analyzed nearly 8,000 video recordings of unsupervised teen drivers taken over a six-month period and came to the following conclusions about the data from that study:Safety advocates say these and other findings from the study show a need for uniform state laws that prohibit teen drivers from using electronic devices when they're behind the wheel, and all drivers from texting and driving.
As we discussed in a previous car accident blog post earlier this month, however, Arizona legislators recently rejected a bill that would have made the roads and highways here safer by imposing a statewide ban on texting while driving.
Source: Chicago Daily Herald, "Girls twice as likely to talk, text while driving," Marni Pyke, March 27, 2012
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