Car Accidents

Improvements in Auto Racing Safety Mean Fewer Accidents, Less-Satisfied Fans

April 27, 2012 | Lebowitz & Mzhen

NASCAR races around the country have gone a remarkably long time without a serious crash. Some races have recently gone hundreds of laps without even a yellow caution flag, which requires drivers to exercise caution or slow down due to a hazardous condition on the track. Some observers have credited new technologies, including improvements in aerodynamics, with fewer crashes and, therefore, fewer injuries. At the same time, fans report discontent with the situation, and attendance has declined. While improvements in safety and a reduction in racing car accidents would seem to be a favorable goal, the Associated Press went so far as to call it a “fan’s nightmare.”

The AP reported last week that racers at NASCAR’s Sprint Cup had gone more than nine hundred miles without a crash. Out of the last four Sprint Cups, three were entirely free of accidents. Overall, races have had a third fewer caution flags compared to last year. All of the recent crashes reportedly occurred at one race at Martinsville Speedway in Virginia on April 1. Fans have reportedly reacted by staying at home in droves, and by complaining loudly when they do show up. The stands at Bristol Motor Speedway in Tennessee, for example, were reportedly half-empty for the race on March 18. All of this led champion racer Jimmie Johnson to note something that may have already been obvious to many fans and observers: that crashing is more important than racing for some NASCAR fans.

Racing observers have cited both technological changes and a self-perpetuating safety trend as possible causes for the recent bout of green flags, which signal safe track conditions. According to USA Today, one driver said that cautions sometimes “breed more cautions” by slowing down the overall pace and giving cars fewer chances to crash. This could mean that, over time, the amount of crashes will return to the expected level, but other factors may be in play as well.

NHTSA Delays Decision on Backup Cameras in Cars

March 22, 2012 | Lebowitz & Mzhen

The National Highway Transportation Safety Administration (NHTSA), an office within the U.S. Department of Transportation, has delayed a final rule regarding rear visibility requirements in cars. This is the second delay of the rule since the agency began working on it. The purpose of the rule would be to prevent “backover” accidents due to a driver’s inability to see people or objects behind the vehicle. The Secretary of Transportation has said that they expect to have final standards ready by the end of 2012.

The rule is required by the Cameron Gulbransen Kids Transportation Safety Act of 2007, passed by the U.S. Congress in early 2008. This law addresses several child safety concerns, including the risk to children of vehicles moving in reverse where the driver cannot see the child. It is named for a two year-old child who died when his father accidentally backed his car over him in their driveway. According to the NHTSA, 292 deaths and 18,000 injuries result each year from “blind zones” behind vehicles. The majority of the fatalities involve light vehicles, meaning those weighing 10,000 pounds or less. Those most vulnerable to these kinds of accidents are children and the elderly. In addition to addressing visibility issues, the law requires rules for auto-reverse in power windows and transmission systems that prevent cars from easily shifting out of “park.”

The proposed rule would require additional mirrors or even camera devices to enable drivers to see the area behind the vehicle while driving in reverse. In December 2010, the NHTSA announced that it expected to require new passenger cars, minivans, pickup trucks, and other vehicles to have “rear mounted video cameras and in-vehicle displays” to allow an expanded field of vision for drivers.

The New York Times reportedly found that backup cameras are already standard issue in forty-five percent of new vehicles, and that they are available as an option in twenty-three percent. For all other vehicles, owners would have to purchase cameras. The NHTSA reportedly estimates that, for vehicles without an embedded navigational screen, the cost to a vehicle owner would be between $159 and $203, and between $58 and $88 for cars with a screen already installed. The total annual cost for the country would be between $1.9 and $2.7 billion.

Secretary of Transportation Ray LaHood announced in February that the NHTSA would need to do further research before formally issuing the new rules. The rule has also proven to be controversial politically, considering the large price tag attached to it. The controversy persists even though it was actually President Bush who signed it into law in 2008. Bloomberg Businessweek says that it is among the five most expensive regulations still pending in the Obama administration, and it is one of many facing delays.

National Transportation Safety Board Urges Cities and States to Ban All Cell Phone Use by Drivers

December 21, 2011 | Lebowitz & Mzhen

An investigation into a car crash caused by distracted driving has led the nation’s leading governmental traffic safety advocate to urge state governments to ban all use of portable communications devices by drivers. This would include cell phones, meaning a total ban on non-emergency talking and texting while operating a vehicle. The National Transportation Safety Board (NTSB), an independent agency of the federal government, issued this recommendation earlier this week as part of its report on a 2010 automobile accident in Missouri.

The NTSB also recommends that state and local governments follow the model of “high visibility enforcement” pioneered by the National Highway Traffic Safety Administration (NHTSA), another government safety advocate. The NHTSA has run campaigns that combine vigorous enforcement of a specific traffic law with publicity campaigns in order to promote awareness of, and compliance with, such traffic laws.

The CTIA, a trade association that represents the wireless electronics communications industry, has in the past supported bans on texting behind the wheel. On the issue of banning talking on cell phones while driving, it has indicated a willingness to defer to the public and to lawmakers. The single greatest factor that would weigh against a successful ban on talking while driving is that, put simply, everyone seems to be doing it.

“Distracted driving,” which refers to driving while using some sort of electronic communications device or engaged some other activity, caused up to 3,092 deaths in traffic accidents last year, the NHTSA estimates. Thirty-five states and the District of Columbia have enacted bans on sending text messages while driving, but it does not appear to have stopped, or even slowed down, the practice. Texting while driving may have increased by as much as fifty percent in the past year, and the NHTSA estimates that one percent of drivers on the road are, at any given moment, distracted by a cell phone. Younger drivers are even more likely to drive while distracted.

Returning Veterans are at High Risk for Auto Accidents

October 19, 2011 | Lebowitz & Mzhen

Automobile crashes are the leading cause of death for veterans returning from deployment during their first year back home, according to the Department of Veterans’ Affairs (VA). Veterans returning from Iraq and Afghanistan face a 75% greater probability of a fatal car accident than the general population. This continues a historical trend, but at a greater rate than prior to the deployments of the past decade. The VA’s investigation suggests that military training, psychological effects of deployment, and possible injuries all play a role in unsafe driving among veterans.

Studies by the VA and the National Highway Transportation Safety Administration have shown that risky behavior accounts for many of the deaths. This includes not using seat belts or helmets, speeding, and driving under the influence of alcohol. Training in “aggressive driving” is one possible cause. People on deployment receive training for driving in combat situations, and must constantly contend with the possibility of ambush or improvised explosive devices. VA officials have described a sense of “invincibility” among many returning veterans, having survived combat, which can unwittingly lead to dangerous driving.

Psychological factors also play a significant role because of the highly stressful situations in deployment, particularly to Iraq and Afghanistan. Post-traumatic stress disorder, an all-too-common condition of returning veterans, can lead to dangerous driving back home. An Army study revealed that 50% of returning soldiers reported feeling anxiety on the road when other vehicles quickly approached them, and 20% reported feeling general anxiety whenever driving. The VA has further noted that auto accidents can lead to further PTSD, particularly in individuals already affected by PTSD or other mental health issues, which can create an ongoing problem for veterans involved in accidents.

Traumatic brain injuries can affect driving, causing a person to think they are driving normally and not noticing mistakes. Such injuries may go undetected in returning veterans, leading to unforeseen driving problems. Individuals suffering from brain injuries may not be able to recognize changes in their driving patterns, making safe driving difficult.

NTSB Urges Ban on Cell Phones for Truck Drivers

September 23, 2011 | Lebowitz & Mzhen

The National Transportation Safety Board has formally recommended a ban on the use of cell phones and other mobile electronic devices by commercial truck drivers while driving. While this does not have the force of law, the recommendation follows on a prior recommendation to ban text messaging by truck drivers. The Washington DC Injury Lawyer Blog previously reported on how this led to a formal ban by the federal government on texting by commercial truckers. Nineteen U.S. states and the District of Columbia already ban all drivers from texting while driving. The federal texting rule for truckers, set by the Federal Motor Carrier Safety Administration, carries fines of up to $2,750 per incident. The NTSB recommendation on cell phone use is likely to lead to similar rules regarding cell phone use.

The NTSB recommendation resulted from its investigation into a tragic crash on Interstate 65 in Kentucky last year in which a commercial truck driver veered across the median of the highway into oncoming traffic and struck a van carrying a total of 12 people. The crash killed the truck driver, the van driver, and nine of the van’s occupants. Two children in the van were reported to have been saved by their child-restraint systems. The investigation concluded that the truck driver’s distraction from use of a cell phone, combined with fatigue, caused the crash. Investigators found that the truck driver had used his phone for calls and text messages while driving 69 times during the previous 24-hour period. Road conditions, weather, and driver health issues did not play any role in the accident, according to investigators.

The National Transportation Safety Board is an independent agency of the United States government, formed in 1967 and tasked with investigating accidents in the civil transportation system. It investigates certain types of car and truck accidents. Since the accident in Kentucky occurred on an interstate highway, which is partly administered by the federal government, it came under the NTSB’s jurisdiction. The NTSB also investigates aviation, marine, shipping, pipeline, and railroad accidents. The agency lacks the legal authority by itself to create laws or rules, but its system of recommendations frequently leads to the adoption of new safety regulations. In it 44-year history, it has issued over 13,000 recommendations.

Washington Area Car Crashes Kill at Least Eight In Less than 48 Hours

August 13, 2011 | Lebowitz & Mzhen

Over the last two days, at least people have been killed in Washington area motor vehicle crashes. AAA says that we currently in the deadliest driving period of the year through the Labor Day weekend. Part of this can be attributed to there being so many people on the road driving long distances because its the summer holiday season. Unfortunately, reports AAA, some motorists that are in vacation mode may forget to be as vigilant while driving, which can lead to fatal DC car crashes.

On 4am on Friday, a driver of a 2004 Mercedes-Benz lost control of the vehicle in a Southeast Washington car crash. The auto hit a utility pole before bursting into flames. The bodies of two juveniles were retrieved from the vehicle. That same day, a St. Mary’s County motorcycle crash claimed the life of Devin Sweeting, who sustained multiple pelvic fractures when his bike left Route 5, hit a cement culvert, skidded on its side for approximately 170 feet, before hitting a utility pole. Sweeting was pronounced dead at a Baltimore hospital.

Several hours later, two people died in a Montgomery County car crash that also involved the vehicle leaving the road and bursting into flames. Not long after that an adult and a teenager were killed in a Prince George’s County SUV accident on the Baltimore-Washington Parkway. The vehicle went off the road before crashing into a large tree. Five other kids and one adult were transported to local hospitals in critical condition. One of these children, a 3-month-old baby, was later pronounced dead.

Preventing the Non-Crash Auto Deaths of Kids

July 26, 2011 | Lebowitz & Mzhen

While motor vehicle crashes are a leading cause of child fatalities, our Washington DC personal injury lawyers want to warn you of other auto vehicle-related dangers that could put a kid at serious risk. Here are a few of these safety hazards, as identified by the National Highway Safety Administration:

Backover accidents: This usually involves a vehicle backing out of a driveway or parking lot and the driver not realizing that there is a child behind the auto. Backover accidents can prove fatal. Because the vehicle is being operated in reverse, the motorist must take extra precautions to check all viewing mirrors, footage from the backup camera, and perhaps even physically look back to make sure there is no one there.

Power windows: Power windows can entrap a young child’s hands, fingers, feet, neck, or head. It is important to make sure that power window switches have been locked. Otherwise, a child can accidentally activate the switch.

Up to 25% of US Car Crashes Caused by Distracted Driving and Gadget Use

July 12, 2011 | Lebowitz & Mzhen

According to the Governors Highway Safety Association, up to 25% of motor vehicle accidents in this country occur because motorists were distracted driving and more often than not using cell phones and other handheld devices. The GHSA’s report, which was released last week, is called “Distracted Driving: What Research Shows and What States Can Do.”

As our Washington DC personal injury law firm has reported in past blogs, distracted driving is very dangerous and can dramatically increase the chances of injuries or deaths. It also can be grounds for a DC car crash lawsuit against the driver. Other findings from the study:

• Some drivers are distracted as much as 50% of the time they are on the road.
• Texting while driving, which is both a manual and visual distraction, is even more dangerous than talking on a phone.

• Examples of other common types of distracted driving behavior include talking to other passengers, looking for tapes or CD’s, switching radio stations, drinking, eating, reading directions or a map, reading books or newspapers, dealing with kids or pets, shaving, putting on makeup, shuffling through an iPod, and reading your GPS.

Many people don’t realize that distracted driving impairs their ability to drive safely. This does not change the fact that this behavior can result in very deadly consequences.

Should other parties aside from a distracted driver be held liable for DC personal injury or wrongful death? A couple of years ago, one woman sued Nextel, Samsung, and Sprint for her mother’s distracted driving death. The plaintiff claimed products liability because the three companies allegedly failed to warn the driver that using a cell phone wile driving is a safety hazard. Samsung countered that it did include safety warnings on its websites and packaging and in its user manuals and advertising.

Report: Gadgets Linked To 25 Percent Of Car Accidents, AutoGuide, July 13, 2011

Read the GHSA’s Distracted Driving Report

Related Web Resources:
Distracted Driving, US Department of Motor Vehicles
Cell Phone and Texting Laws, Governors Highway Safety Association
More Blog Posts:
US DOT Holds Second Annual Distracted Driving Summit in Washington DC, Washington DC Injury Lawyer Blog, September 22, 2010
Preventing Maryland Car Crashes: State Senate Approves Ban on Reading Text Messages While Driving, Maryland Accident Law Blog, March 9, 2011
Maryland Lawmakers Want Texting While Driving Ban to Block Drivers From Reading Messages, Maryland Accident Law Blog, February 20, 2010

Chevy Chase Driver Found Guilty of Negligence Homicide in Washington DC Car Crash that Killed Howard County Woman

June 28, 2011 | Lebowitz & Mzhen

A jury has found Jorida Davidson guilty of negligent homicide, driving under the influence, and leaving the scene after a crash in the DC car accident that claimed the life of Kiela Ryan. The 24-year-old traffic crash victim died after Davidson, struck her just south of Dupont Circle on October 7, 2010. October 7 just south of Dupont Circle. The Chevy Chase driver then fled the hit-and-run crash site.

Prosecutors had accused Davidson of driving drunk when she hit Ryan, who was emerging from a parked car at the time. Meantime, Davidson’s lawyer argued that she wasn’t inebriated when the collision happened. They also say that she did not report the DC pedestrian accident because she was suffered post-traumatic stress disorder and amnesia—a fallout from watching her dad die from a heart attack, her mother succumb to breast cancer, and growing up in war-torn Albania. When police later found her SUV, Davidson was slumped in the driver’s seat. She also failed two sobriety tests.

Washington DC Car Crashes

Washington DC Wrongful Death: Family of Woman Killed in Adams Morgan Pedestrian Accident Seeks $20M from Drunk Driver

May 18, 2011 | Lebowitz & Mzhen

According to WUSA9.com, the family of Julia Bachleitner is suing Chamica Adams for DC wrongful death. Bachleitner, a Hopkins School of Advanced International Studies student from Austria was killed last September in an Adams Morgan pedestrian accident. The 26-year-old student’s family is seeking $20 million from Adams, who was drunk when she drove a car into a group of graduate students. Other defendants include the bar that served Adams alcohol prior to the deadly collision and her mother.

At around 8:30pm on September 8, 2010, Adams, who was making a left turn, drove over a traffic island to accidentally struck Bachleitner and another woman. She then crashed the vehicle into an empty restaurant. The other woman, Melissa Basque, suffered a concussion with a brain bleed, teeth loss, facial fractures, and a compound leg fracture.

Police say that Adams’s blood-alcohol level was almost two times the legal limit. The 24-year-old Mitchellville woman had consumed alcohol at the District Lounge and Grille right before the DC pedestrian accident. The Washington Times reports that there is security footage from the club showing her consuming several drinks and then stumbling out of the place. The C. Fields Group LLC, which owns the bar, is also a defendant in the Washington DC wrongful death case.