Accident & Injury Law in Texas

Archive for the ‘Safety’ Category

The number of people dying on the highways is the lowest since the 1950s despite runaway Toyotas and teen drivers texting.

The U.S. Transportation Department said Thursday that its estimates show total traffic deaths declined nearly 9 percent in 2009 — to 33,963. That’s the lowest toll since 1954. In 2008, an estimated 37,261 people died on the roadways.

The newest numbers fit into a trend of decreases since 2005, when an estimated 43,510 people were killed.

The National Highway Traffic Safety Administration credits the decline to more people wearing seat belts, programs to discourage drunken driving and cars built with better safety features.

A sour economy that dampened travel also likely helped.

Side air bags are becoming standard equipment on many new vehicles. And electronic stability control, which helps motorists avoid rollover crashes, is increasingly common on new cars and trucks.

“We knew that those technologies would be reducing fatalities,” said Anne McCartt, the Insurance Institute for Highway Safety’s senior vice president for research. She also said an increase in seat belt use could be a factor. Seat belt use rose to 84 percent in 2009, partly because of state crackdowns on drivers not using seat belts.

States have also pushed tougher laws to reduce drunken driving.

In spite of the progress, Transportation Secretary Ray LaHood cautioned that “there are still far too many people dying in traffic accidents. Drivers need to keep their hands on the steering wheel and their focus on the road.”

The federal government has sought to curb distracted driving, urging states to adopt stringent laws against sending text messages from behind the wheel, as well as other distractions.

Part of the decrease in fatalities is credited to the economic downturn, which has fewer people out on the road. This theory is in line with similar patterns from the early 1980s and early 1990s, when difficult economic, conditions led many drivers to cut back on discretionary travel, and traffic deaths decreased.

The number of miles traveled by U.S. drivers in 2009 grew by 6.6 billion, or 0.2 percent, according to preliminary data from the Federal Highway Administration, But this follows a dip in vehicle miles traveled in 2008 and 2007, when the economy was tanking.

Still, safety officials say the rate of deaths per 100 million miles traveled also dropped to a record low. It fell to 1.16 in 2009, compared with the past record low of 1.25 in 2008.

Federal safety regulators recalled a line of “Rudolph the Red-Nosed Reindeer” charm bracelets, because of cadmium content. The bracelets were sold at dollar-type stores from 2006 to March 2009. The agency said parents should immediately take the bracelets from kids.

The Texas Department of Public Safety is hoping proposed new rules will make it easier for low-income drivers to pay fines related to state law surcharges for certain violations.

Since 2003, drivers who commit certain Class C misdemeanors must pay penalties or have their licenses revoked.  Last year, lawmakers amended the law, called the Driver Responsibility Program, to require a reduction in fines for those who can’t afford to pay.  Personally, I don’t see why people should not have to pay fines just because they have a low income.  If they can’t pay the fine, they shouldn’t do the crime (drive safer).

Under current rules, the state charges $1,000 a year for three years for a first-time driving while intoxicated conviction.

Under the proposed reduced rates announced Friday, the surcharge for someone convicted of driving while intoxicated could be reduced to a one-time payment of $500.  Drivers would have 90 days to pay, or their licenses would be revoked and the reduction in fines voided.  Remind me why are we making it easier on drunk drivers?

Since 2003, 5.7 million drivers have been fined $1.8 billion under the program.  Of that, the state has collected $694.8 million.

The proposed rules would set the indigence rate at up to 125 percent of the federal poverty level.  Currently, the federal poverty level is $10,830 for an individual and $22,050 for a family of four.

Drivers would have to apply with the department and provide documentation, such as their most recent income tax return.

Please visit the Texas Register’s Web site in the next three months and tell them how assinine you think this change is.  I’m in favor as much as the next guy of making sure people have valid driver’s licenses and carry insurance, but driving is a privilege and we should all bear the costs equally – it shouldn’t be easier for poor people to get away with drunk driving.

Toyota has for years blocked access to data stored in devices similar to airline “black boxes” that could explain crashes blamed on sudden unintended acceleration, according to an Associated Press review of lawsuits nationwide and interviews with auto crash experts.

The AP investigation found that Toyota has been inconsistent — and sometimes contradictory — in revealing what the devices record and don’t record, including critical data about whether the, brake or accelerator pedals were depressed at the time of a crash.

By contrast, most other automakers routinely allow more open access to information from their event data recorders.

The Associated Press also found that Toyota:

• Has frequently refused to provide key information sought by crash victims and survivors.
• Uses proprietary software in its recorders. Until this week, only a single laptop in the U.S. contained the software needed to read the data after a crash.
• Either settled or provided printouts with the key columns blank, when pressed to provide recorder information in some lawsuits.

Toyota’s “black box” information is emerging as a critical legal issue amid the recall of 8 million vehicles by the world’s largest automaker. The National Highway Traffic Safety Administration said this week that 52 people have died in crashes linked to accelerator problems, triggering an avalanche of lawsuits.

In addition, the number of post-repair complaints is rising. The government said Thursday that it has received more than 60 complaints from Toyota drivers who say their cars have sped up by themselves even after being fixed to correct the problem.

The highway safety agency said it is contacting every owner to learn more about the consumer reports. The complaints have not been independently verified.

When Toyota was asked by the Associated Press to explain what exactly its recorders collect, a company statement said Thursday that the devices record data from five seconds before until two seconds after an air bag is deployed in a crash.

The statement said information is captured about vehicle speed, the accelerator’s angle, gear shift position, whether the seat belt was used and the angle of the driver’s seat.

There was no initial mention of brakes a key point in the sudden acceleration problem. When the Associated Press went back to Toyota to ask specifically about brake information, Toyota responded that its recorders do record “data on the brake’s position and the antilock brake system.”

But that does not square with information that attorneys obtained in a deadly crash last year in Southlake, which is in the Dallas-Fort Worth area, and in a 2004 wreck in Indiana that killed an elderly woman.

In the Texas crash, where four people died when their 2008 Avalon ripped through a fence, hit a tree and flipped into an icy pond, a recorder readout obtained by police listed as “off” any information on acceleration or braking.

In the Indiana crash, 77-year-old Juanita Grossman told relatives before she died that she was practically standing with both feet on the brake pedal but could not-stop her 2003 Camry from slamming info a building. Records confirm that emergency personnel found Grossman with both feet on the brake pedal.

A Toyota representative told the family’s attorneys there was “no sensor that would have preserved information regarding the accelerator and brake positions at the time of impact,” according to a summary of the case provided by Safety Research & Strategies Inc., a Rehoboth, Mass. based company that does vehicle safety research for attorneys, engineers, government and others.

One attorney in the Texas case contends in court documents that Toyota may have de literately stopped allowing its recorders to collect critical information so the Japanese automaker would not be forced to reveal it in court cases.

“This goes directly to defendants’ notice of the problem and willingness to cover up the, problem,” said E. Todd Tracy, who had been suing automakers for 20 years.

Randy Roberts, an attorney for the driver in that case, said he was surprised at how little information the Avalon’s recorder contained.

“When I found out the Toyota black box was so uninformative, I was shocked,” Roberts said.

Toyota refused to comment on Tracy’s allegations because it is an ongoing legal matter but said the company does share recorder information with government regulators.

“Because the EDR system is an experimental device and is neither intended, nor reliable, for accident reconstruction, Toyota’s policy is to download data only at the direction of law enforcement, NHTSA or a court order,” the Toyota statement said.

In many cases, attorneys and crash experts say recorder data could help explain what happened in the moments before a crash by detailing the positions of the gas and brake pedals as well as the engine’s revolutions per minute.

Yet, some crash experts say Toyota shouldn’t bear too much criticism for failing to capture large amounts or specific kinds of data, because recorder systems were initially built for air bag deployment and not to reconstruct wrecks. They also vary widely from vehicle model to model, Haight said.

As of yesterday, first-time driver’s license applicants ages 18 to 24 will have to complete a six-hour driving education course to get a license.

Previously, those over the age of 18 could take the state’s written and driving tests through the Texas Department of Public Safety without classroom training. The new mandatory classes cost $30 to $50, and the schools must be approved by the Texas Education Agency.  Click here for information on the new mandatory classes, including a statewide, city-by-city list of those certified to offer the adult courses.

The course contains information on highway signs; Texas traffic laws; alcohol and drug awareness; and distractions, such as driving while talking on a cell phone. Those who complete the course won’t have to take the written exam but will have to pass the driving skills test.

DPS says 1.8 million original applicants between the ages of 18 and 24 applied for a license in 2008; however, it’s unclear how many were first-time applicants – a significant number may have been applicants moving to Texas from another state.

Officials didn’t know whether Texas is alone in mandating an adult driving education class — California, Florida and New York don’t, according to the Web sites of those states’ licensing departments.

The voluntary national program “Alive at 25″ is used in several states, including Colorado. That program seeks to educate teens and young adults about driving hazards they could face.

Defensive driving courses and drug and alcohol driving awareness programs don’t count toward the new requirement. The new law — passed during the 2009 legislative session — does not change the rules for 15- to 17-year-olds, who must take a driving education course that requires 32 hours of classroom time, seven hours of driving observation and seven hours of driving.

It also doesn’t affect drivers 18 to 24 who first were licensed in other states and are seeking a license in Texas.

According to a 2008 report by the National Highway Traf fic Safety Administration, younger drivers are less likely to buckle up and more likely to be distracted, speed and drive too fast for conditions. Nationally, the fatal collision rate for those 21 to 24 years old was 47.8 fatal crashes per 100,000 drivers; that figure drops to 32 for those ages 25 to 34, according to the report.

Driving education schools lobbied the Legislature to get the bill passed.  Driver education courses for teens can cost up to $450, and 15- to 17-year-olds can’t drive from midnight to 5 a.m. or have more than one nonfamily member in the car with them for a year after getting their licenses. More teens had been avoiding those rules — and the safe habits they were meant to instill–by waiting until they turned 18 to apply for a license.

The American Academy of Pediatrics, the nation’s largest pediatricians group, is calling for sweeping changes in the way food is designed and labeled to minimize children’s chances for choking.

Choking kills more than 100 U.S. children 14 years old or younger each year, and thousands more — 15,000 in 2001 — are treated in emergency rooms. Food, including candy and gum, is among the leading culprits, along with items like coins and balloons. Of the 141 choking deaths in kids in 2006, 61 were food-related.

Surveillance systems lack detailed information about food choking incidents, which are thought to be un derreported but remain a significant and underappreciated problem, said Dr. Gary Smith, director of the Center for Injury Research and Policy at Nationwide Children’s Hospital in Columbus, Ohio.
Smith is lead author of a new policy report from the pediatrics academy that seeks to make choking prevention a priority for government and food makers. The report is to be released today in the journal Pediatrics.

Doctors say high-risk foods, including hot dogs, raw carrots and grapes, should be cut into pea-size pieces for small children to reduce chances of choking. Some say other risky foods, including hard candies, popcorn, peanuts and marshmallows, shouldn’t be given to young children at all.

Federal law requires choking warning labels on certain toys, including small balls, balloons and games with small parts. Unless food makers voluntarily put more warning labels on high-risk foods, there should be a similar mandate for food, the pediatrics academy says.

The group also urges the Food and Drug Administration to work with other government agencies to establish a nationwide food-related choking reporting system and to recall foods linked with choking.

The academy says the food industry should avoid shapes and sizes that pose choking risks.

Something as simple as making lollipops flat instead of round can make a big difference, said Bruce Silverglade, legal affairs director at the Center for Science in the Public Interest, which also has lobbied for more attention to choking prevention.

Several efforts to pass federal legislation for labels have failed in Congress.

Hundreds of people taking the diabetes drug Avandia needlessly suffer heart attacks and heart failure each month, according to confidential government reports that recommend that the drug be removed from the market.

The reports, obtained by The New York Times, say that if every diabetic now taking Avandia were instead given a similar pill named Actos, about 500 heart attacks and 300 cases of heart failure would be averted every month because Avandia can hurt the heart.

Avandia, intended to treat type 2 diabetes, is known as rosiglitazone and was linked to 304 deaths during the third quarter of 2009.

“Rosiglitazone should be removed from the market,” one of the reports, written by Drs. David Graham and Kate Gelperin of the Food and Drug Administration, concludes. Both authors recommended that Avandia be withdrawn.

The internal FDA reports are part of a fierce debate within the agency over what to do about Avandia, manufactured by GlaxoSmithKline.

Some agency officials want the drug withdrawn because they believe there is a safer alternative; others insist that studies of the drug provide contradictory information and that Avandia should continue to be an option for doctors and patients.

The battle has been brewing for years but has been brought to a head by a fierce disagreement over a new clinical trial and a Senate investigation that concluded that GlaxoSmithKline should have warned patients earlier of the drug’s potential risks.

Avandia was once one of the biggest-selling drugs in the world. Driven in part by a multimillion-dollar advertising campaign, sales were $3.2 billion in 2006. But a 2007 study by a Cleveland Clinic cardiologist suggesting that the drug harmed the heart prompted the FDA to issue a warning, and sales plunged.

The bipartisan, multiyear Senate investigation — whose results are expected to be released publicly today but which werealso obtained by the Times — sharply criticizes GlaxoSmithKline, saying it failed to warn patients years earlier that Avandia was potentially deadly.

The government is taking steps to curb use of some long-acting asthma drugs taken by millions, issuing safety restrictions to lower an uncommon but potentially life-threatening risk that asthma could worsen suddenly. The warnings cover the drugs Advair, Symbicort, Foradil and Serevent. The FDA said they should be used only by asthmatics who can’t control their disease with other drugs — and then only for the shortest time possible.

GlaxoSmithKline said Thursday it Will remove zinc from its denture cream after reports that excessive use over many years can cause neurological damage and blood problems in consumers.

The British manufacturer will stop making and marketing Super Poligrip Original, Ultra Fresh and Extra Care products in the U.S. The company plans to reformulate the creams without zinc.

The company said that the products are safe when used as directed but that some patients use extra cream to help with ill-fitting dentures. Zinc is believed to help with adhesion.

Denture creams containing zinc were first approved by the Food and Drug Administration 15 years ago.

In 2008, researchers at the University of Texas Southwestern Medical Center in Dallas described a possible link between denture cream zinc and nerve damage.

Glaxo’s voluntary action comes as hundreds of patient lawsuits are poised to go to trial, alleging that Poligrip caused nerve damage, leading to a loss of balance and loss of sensation in the hands and feet, leaving patients unable to walk.

“They made the right decision in the sense that it’s going to prevent the crippling of more people,” said attorney Andy Alonso of Waichman Alonso LLP. “But it’s too late for many of my clients, unfortunately.”

Alonso represents more than a hundred users of denture cream in Miami federal court, where several hundred lawsuits are being consolidated. He said about 30 million people in the U.S. wear dentures and use products like Poligrip

Cars which passed Roof Safety Testing

For studying 2010 models, the Insurance Institute for Highway Safety added a new roof-strength test to the already-rigorous test it used before. Increasingly, the tests address specific circumstances under which drivers and passengers are injured and killed in collisions.

Aimed at protecting passengers in roll-over collisions, the new requirement reduced the number of top-rated vehicles to 27 for 2010 models, compared with 94 in 2009.

To become a top safety pick, a vehicle has to have the group’s top rating in front, side, rollover and rear-impact crash tests. It must also have electronic stability control, which helps drivers maintain control of their vehicles in situations that might result in crashes, according to The Wall Street Journal.

Large cars that received the top rating were the Buick LaCrosse, Ford Taurus, Lincoln MKS and Volvo S80.

Midsize cars with the top rating were the Audi 3, Chevrolet Malibu built after Oct. 2009, Chrysler Sebring with optional ESC, Dodge Avenger with optional ESC, Mercedes C Class, Subaru Legacy, Subaru Outback, Volkswagen Jetta 4-door, Passat 4-door and Volvo C30.

Top safety picks for small cars were the Honda Civic 4-door, Kia Soul, Nissan Cube, Subaru Impreza, and the Volkswagen Golf 4-door.

Top picks for midsize SUVs were the Dodge Journey, Subaru Tribeca, Volvo SC60 and Volvo XC90.

Among small SUVs, the winners were the Honda Element, Jeep Patriot, Subaru Forester and Volkswagen Tiguan.

Toyota, says its Camry came close to perfection but fell short in the rear-impact test. Their spokesman called the institutes findings “extreme and misleading” since only three of their 38 vehicles were tested for roof strength. BMW had no picks but says its cars pass rollover tests conducted internally.