Interestingly, the NHTSA once again had its sights on distracted driving just last week, when it released a set of proposed voluntary guidelines for automakers to consider when designing dashboards for new vehicles.
Specifically, the agency is targeting efforts by automakers to make their vehicles more appealing to American consumers by including dashboard features enabling drivers to text, surf the web, place phone calls and navigate GPS features.
The proposed guidelines are asking automakers to design these dashboard features such that majority of them are automatically disabled when the vehicle is in motion, and accessible only when the vehicle is stopped and the transmission is in park.
"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 proposed voluntary guidelines -- meant to apply to both passenger cars and sport utility vehicles -- do contain some exemptions concerning computerized dashboard features. For example, electronic safety systems (i.e., those that warn of an impending lane change or car crash) would be permitted, while GPS would be also be permitted so long as the driver could not manually enter a location while driving.Similarly, the proposed voluntary guidelines also indicate that none of the above-mentioned prohibitions would apply if the dashboard technology was not accessible or visible to the driver.
(In case you were wondering why the NHTSA chose to issue voluntary proposed guidelines instead of initiating mandatory rules, it likely has something to with the fact that it can take many years to complete federal rules.)
It remains to be seen how the automakers will respond to these voluntary guidelines during the 60-day review period. However, it has been pointed out by industry insiders that automakers have had their own set of voluntary guidelines in effect since 2002.
"Drivers are going to have conversations, listen to music and read maps while driving, and automakers are helping them do this more safely with integrated hands-free systems that help drivers focus on the road," said Gloria Bergquist, vice president of the Alliance of Automobile Manufacturers.
What are your thoughts on dashboard technology? Should the automakers adopt the NHTSA voluntary guidelines to help prevent fatal car accidents or are they doing enough already?
Source: Google News, "Curb the car dashboard technology, government asks" Feb. 17, 2012
]]>In order to address these problems, lawmakers throughout the country - including those in Louisiana - have passed bans on activities such as using a cell phone and texting while driving. And a new study by the NHTSA indicates that these bans are working to make our roads safer.
]]> The NHTSA teamed up with authorities in Hartford, Connecticut and Syracuse, New York to step up enforcement of cell phone use and texting bans. Authorities reported a 57 percent drop in handheld cell phone use and a 72 percent drop in texting while driving in Hartford, while the same activities decreased by 32 percent in Syracuse.This study by the NHTSA indicates that bans on cell phone use and texting while driving do work if they are enforced. Unfortunately, even despite serious consequences, many drivers still choose to engage in these deadly activities.
If you or someone you love has been injured in an accident with a driver using a cell phone or texting while driving, contact an experienced personal injury attorney. A knowledgeable personal injury lawyer can assess your case and help you get the compensation for medical bills, lost wages, and pain and suffering you deserve. For more information, contact an attorney today.
Source: USA Today, "Distracted-driving programs show success," Larry Copeland.
]]>Specifically, Jaime M. filed a wrongful death lawsuit against the Louisiana Department of Children & Family Services (DCFS), the Bossier Parish Sheriff, Louisiana Attorney General Buddy Caldwell and the Louisiana Office of Risk Management, claiming that their otherwise negligent actions helped cause her daughter's death.
According to the complaint, five-year-old Celeste L. was taken to a Shreveport-area hospital on Jan. 13, 2011 by her father, Wesley L., and her stepmother, Catherine L. Sadly, doctors determined that Celeste L. had been dead for several hours and that her body showed multiple indications of physical abuse.
Detectives with the Bossier Parish Sheriff eventually placed both Wesley L. and Catherine L. under arrest, and both parties were charged with negligent homicide. However, the charges against Catherine L. were later increased to second-degree murder.
Both parties are scheduled to go to trial sometime over the next four months on the charges.
]]> In her lawsuit, Jaime M. alleges that the DCFS gave "de facto" custody of Celeste L. to Wesley L. after he lodged a false complaint of child abuse against her. Specifically, she claims that the DCFS did not investigate this false complaint in an adequate or prompt manner, and that this meant that Celeste L. remained in the care of her dangerous father and stepmother -- who had not been subject to any type of screen by the DCFS -- for several months.Similarly, Jaime M.'s lawsuit also alleges that a detective with the Bossier Parish Sheriff failed to conduct an adequate investigation into Wesley L. and Catherine L. upon receiving a compliant of child abuse roughly one month before Celeste L.'s death.
Jaime M. has already indicated that the wrongful death lawsuit is not about securing damages, but rather about bringing the negligence of government officials to light.
"Given [her] loss, she could never be made whole," said Jaime M.'s attorney. "She is just trying to hold the responsible parties accountable."
Names have been withheld to protect the identity of the parties.
Source: The Shreveport Times, "Lawsuit seeks to hold state, others accountable in child's death" Feb. 3, 2012
]]>According to reports, Louisiana State Police received several calls at around 3 a.m. last Friday morning of a Jeep Cherokee driving eastbound in the westbound lanes of I-10.
Unfortunately, before troopers had a chance to intercept the Jeep Cherokee, it crashed into a Ford Focus near LaPlace -- roughly 25 outside of the New Orleans area -- and burst into flames.
Tragically, the driver of the Cherokee and all four passengers in the Focus were killed in the auto wreck. Law enforcement officials have indicated that the two front seat passengers in the Focus were wearing their seatbelts while the rear passengers were unrestrained.
]]> It is worth noting that in the immediate aftermath of the collision, a tractor-trailer was unable to avoid the accident and struck the wrecked automobiles. Soon thereafter, another car crashed into the truck.Both of these drivers were later taken to a local hospital for medical treatment.
While law enforcement officials have not yet identified the driver or the reason why he was traveling down the wrong side of the road, they have indicated that they believe he entered the road incorrectly rather than simply veering over the median at some point.
"In this case in particular, we don't think he crossed the median anywhere," said Trooper Nick Manale. "It looks like he entered the interstate from either an on-ramp or off-ramp somewhere."
Sadly, law enforcement indicated that the driver of the Focus likely had little to no chance to avoid the fatal car crash as the Cherokee approached him on an elevated section of the road situated over water where there was a very small shoulder and no median.
"Unfortunately, with the location of this crash, there really wasn't much to do, you don't really have much place to go," said Trooper Manale.
If you have been injured or lost a loved one in car accident, remember that you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Post provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.
Sources: WWLTV, "Police: Not much victims' car could have done to avoid wrong-way driver," Feb. 10, 2012; The Washington Post, "Trooper: 5 killed in wrong-way crash on Interstate 10 in Louisiana outside New Orleans" Feb. 10, 2012
]]>Specifically, Louisiana State Police Troop A and personnel from Our Lady of the Lake (OLOL) Regional Medical Center presented the Sudden Impact Program, a seven-hour program for high school sophomores that utilizes a variety of speakers to help illustrate the dangers and consequences of distracted driving, impaired driving and unrestrained driving (i.e., no seatbelt).
While this may seem like a relatively new idea, it has actually been going on for well over a decade in the New Orleans area, earning both awards and high praise.
"The Sudden Impact Program has been very successful in reaching high school students in the New Orleans area for the last 13 years," said Colonel Mike Edmonson, State Police Superintendent. "We have been working to expand the program to other Troop areas and are excited to partner with OLOL in bringing such an important message to the young adults of the Greater Baton Rouge area."
]]> The value of the Sudden Impact Program becomes especially apparent when you consider the following statistics:Officials hope that statistics such as these, coupled with safety messages from troopers, nurses and trauma specialists can go a long way toward keeping inexperienced teen drivers safe.
"They have either just gotten a driver's license or are about to get a driver's license, so we want to start them off with the best information possible," said Trooper Russell Graham. "We want them to have as much information as possible to be safe on the roadways."
Sources: The Weekly Citizen, "LSP Troop A and OLOL Medical Center partner for safety with 'Sudden Impact' program," Feb. 2, 2012; NBC 33, "64 percent of teen car accident patients due to not wearing seatbelt, program hopes to reduce stats" Feb. 2, 2012
]]>According to reports, Craig W., 49, was shopping at a Kroger grocery store in Douglasville, Georgia in May 2008 when he slipped and fell on a piece of crushed fruit that had fallen onto the floor.
Sadly, Craig W. suffered serious back injuries in the fall and even required surgery to place rods and screws into his spinal cord. This surgery cost upwards of $135,000 and left him unable to perform his job as a commercial landscaper.
]]> Interestingly, the legal team representing Kroger claimed that no footage of the slip and fall incident existed because 1) video footage from that particular day been taped over 17 days after the accident -- per store policy and 2) no cameras in the store were directed at the area where Craig W. had fallen.However, a subsequent deposition of the Kroger store manager by Craig W.'s attorneys revealed that the cameras were indeed pointed at the location where Craig W. had fallen.
"We couldn't believe it," said Craig W.'s attorney in a written statement. "The camera had obviously caught everything that had happened -- when the fruit fell on the floor, how long it was there, [Craig W.] slipping and falling on it -- and they deliberately erased it, lied to us and gave us a phony sample of video footage to throw us off their trail."
When this development came to light, the presiding judge handed down a fine to Kroger, declaring they had destroyed video evidence. He also ordered a trial to determine the limited issue of damages.
In the end, the jury awarded Craig W. $2.3 million for his injuries.
This story highlights the importance of taking action if you or a loved one has suffered serious injuries because of the negligent or reckless actions of a retail store. Remember, a large corporate presence doesn't cancel out your rights.
Source: The Atlanta Journal-Constitution, "Gwinnett jury returns $2.3 million verdict in slip-and-fall lawsuit against Kroger," Andria Simmons, Jan, 26, 2012
]]>California Highway Patrol investigators took photographs of the scene of the accident and the deceased victim's body in order to fully document the car crash. However, other officers and employees somehow got hold of those photos and distributed them to others, with the photos finally winding up all over the internet.
As a result of this widespread dissemination, the family members were reminded of their loved one's tragic death on a daily basis.
]]> The family eventually brought a lawsuit on their daughter's behalf, claiming that her right to privacy had been invaded. In fact, the filing of this lawsuit set a new precedent for California concerning harm caused by the release of information on the internet, one that other states have since followed.The lawsuit was set for trial in March, but the family recently settled for $2.37 million. With this settlement, both sides are hoping to have some closure.
No amount of money can compensate for the pain and suffering that this family has endured, both because of the loss of their loved one and because of the negligent investigation.
Though this car accident did not take place in Louisiana, it may well could have. Hopefully, this large settlement awarded to the family of the deceased victim will send a clear message to law enforcement officials and auto wreck investigators of their duties with respect to the victims and their family members.
Source: Reuters, "California family settles lawsuit over leaked crash images," Dan Whitcomb, Jan. 31, 2012
]]>According to the lawsuit, the boy's mother claims that just after the medical staff at the hospital drained excess blood from his brain, the doctors and nurses inserted a breathing device into his throat. However, her son went into cardiac arrest shortly after this surgical procedure. His mother claims that this was a result of a lack of oxygen to the boy following the surgery.
]]> While no amount of money can bring her son back to life, she is suing the hospital for his wrongful death because she believes that his death was caused by medical malpractice involving a lack of medical knowledge, the failure to exercise ordinary medical care and inadequate supervision of her son during and after the procedure.By bringing this lawsuit she is hoping to collect damages for:
Was the hospital responsible for her son's untimely death, or was his death the result of the brain injury he was suffering from? The cause of his death will be one of the key issues that must be addressed in this wrongful death lawsuit. Obtaining the answer to that question will help to resolve who is ultimately responsible for the boy's death.
If the hospital is found to have been negligent in any manner, then this type of lawsuit can help to hold the hospital accountable for their medical malpractice and this boy's wrongful death.
Source: The Louisiana Record, "Mother files suit against Charity Hospital over son's death," Kyle Barnett, Jan. 17, 2012
]]>As this accident illustrates, everyone on Louisiana roads - whether bicyclists or other motorists - need to be ever vigilant because you never know when someone else on the road may cause a drunk driving accident.
]]> According to police, the 28-year-old driver of the car had a blood alcohol level of 0.307 - nearly four times the legal limit of 0.08 in Louisiana - when he struck the bicyclists. As mentioned above, one of the bicyclists was killed by the accident, but the other was taken to the hospital with severe injuries including a fractured spine, broken ankle and separated pelvis.The injured bicyclist just recently woke from a coma and is now breathing without the help of a breathing machine, according to statements by friends of the victim to WAFP News.
Every time a drunk driver makes the decision to get behind the wheel, they are making potentially life-altering choices. These choices can impact those who are on the road who come into contact with them, including pedestrians and bicyclists.
When drunk drivers cause accidents on the road what often results are serious injuries such as bone fractures, brain damage, paralysis, and in some cases even death.
The driver in the Baton Rouge accident has been charged with second offense DWI and vehicular homicide. Unfortunately, even if the allegations are proved true and the driver is punished, there is no way to erase the terrible accident and bring back the life that has been taken.
Source: WAFP News, "Cyclist out of coma after being hit by car," Jan. 27, 2012
]]>The four young people had spent the night celebrating one of the victim's birthday by spending time at local bars. In fact, the group was last seen leaving one particular bar at 3:30 in the morning. The crash happened an hour and a half later.
]]> The driver of the car apparently lost control of his vehicle and slammed into the side of a building, which resulted in the car catching on fire. The driver and all of the passengers died from the severe personal injuries they suffered in the crash.It is always a tragedy when car accident victims die so young in what appears to be a senseless accident. For family members who are left to deal with the pain and emotions that coincide with such a loss, determining the cause and who is responsible can help to bring a sense of justice for a wrongful death.
In this case, it is very possible that the driver was negligent, both by speeding and drinking and driving. It is also a possibility that the place they were celebrating at last could be held responsible for serving them alcohol in the early morning hours, if the group was visibly intoxicated and the servers knew they would be driving.
The crash is still under investigation. Hopefully investigators will be able to determine where the group was just before the crash occurred. From the nature of the injuries that the riders suffered, it appears that speeding contributed to the crash. However, how fast the car was going is unknown at this time. In addition, hopefully toxicology reports will offer more information as to the state of the driver when the crash occurred. All of these unanswered must be addressed to bring some sense of closure to this fatal motor vehicle accident.
Though this accident did not take place in Louisiana, it is a reminder to all drivers on Louisiana's roadways that speeding and drinking and driving can be a deadly combination.
Source: The State, "Birthday ends in tragedy," Noelle Phillips, Jan. 20, 2012
]]>The dog's teeth bit through the young child's ear and under his eye. He also had a bite on his leg. Thankfully, the boy's mother jumped in to his rescue so that life-threatening injuries to the boy were avoided. He was rushed to the hospital to be treated for his injuries.
]]> The dog is now slated to be euthanized, at the request of the dog's owner. The mother of the child hopes to hold the owner of the dog responsible for her son's personal injuries, especially because of this dog's history of attacks.Though this dog attack did not take place in Louisiana, it is a story that can take place anywhere in which a vicious dog is allowed to come into contact with people. Dog owners who are aware that their dog is likely to be aggressive and attack have a duty to protect anyone who enters their property from a dog bite or attack.
Unfortunately this was not the case for this 6-year-old boy, who must now live with the consequences of the dog attack for the rest of his life. Hopefully his wounds will heal in time, but the scars that the attack will leave, both physically and emotionally, may never fade.
Source: WSAZ, "UPDATE: Mother of Dog Attack Victim Wants Dog Owner Punished," Carrie Cline, Jan. 24, 2012
]]>In 2009, a 19-year-old Maryland college student was killed when an ATV on which he was a passenger flipped over. The driver of the ATV was drunk.
After the drunk driving accident, the young man's father brought a wrongful death lawsuit against the drunk driver, another college student, along with the driver's family who allegedly served the teens alcohol before the fatal accident.
]]> According to the lawsuit, the ATV driver was intoxicated and speeding when he lost control of the ATV and flipped it over. His 19-year-old passenger died as a result of the injuries he sustained in the crash.The passenger was visiting the alleged drunk driver over the summer with plans to attend the area's Independence Day celebration. What should have been a fun weekend getaway turned tragic when, according to the boy's father, the parents of the other teen served alcohol on a "continuous basis" in the hours leading up to the accident. When the young allegedly intoxicated pair headed out on the ATV the parents did nothing to stop them.
The wrongful death suit arising out of this crash was recently settled, with the family of the alleged ATV driver agreeing to pay the father $2.7 million. Although no amount of money can possibly bring back a beloved son, hopefully this settlement will bring a sense of closure to the passenger's father by representing some form of justice for his son's death and holding those responsible accountable for the damage that they have caused.
Source: Scranton Times Tribune, "Fatal ATV crash suit settled for $2.7 million," Joe McDonald, Jan. 13, 2012
]]>A recent article discusses a Louisiana case in which a volunteer fire chief allegedly injured another motorist. This incident dates back to 2010; however, the lawsuit has been recently initiated by injured members of the crash. The piece notes that the fire chief rear-ended the victim's boat trailer, which was hauled by a pickup truck. According to reports, the collision caused another car to spin from the southbound lane to the northbound lane.
]]> The suit alleges that one passenger of the truck suffered serious damage to his neck and knee. In addition to other claims, this victim is seeking damages for pain and suffering, mental anguish and emotional distress.At the time of the crash, officers found no injuries. However, harm that is not visible at the time of the incident may surface post-accident. For this reason, if you have been in an accident and are suffering in some capacity, you may want to look into your legal options.
Source: Houma Today, "Little Caillou Fire chief sued over crash," Eric Heisig, Jan. 10, 2012
]]>Pedestrians are particularly at risk of being hit by cars whenever they cross a roadway. Far too often, distracted driving, intoxication or simple negligence are the reasons motor vehicles crash into pedestrians.
There can be many reasons that a driver is distracted, but chief among the common distractions is cell phone use while driving.
]]> A cell phone was to blame for the distraction of one driver who fatally struck down a 24-year-old pedestrian who was crossing a roadway. Though the driver says she only looked down at her phone for a second before she crashed into the pedestrian, but that momentary distraction was all it took for a tragic car accident to take place.This pedestrian accident happened in November 2010, and the driver of the vehicle was recently sentenced in the criminal trial against her.
This story should serve as a warning to all Louisiana motorists about the inherent danger of using a cell phone while driving. In this case, the driver was apparently not actively texting or dialing her phone -- she simply glanced down at it for a moment.
Although this is message is not new, it is one that bears repeating. Please take it seriously so that serious and fatal pedestrian accidents can be prevented in the future.
Source: Pioneer Press, "St. Paul nurse gets a year of probation in fatal pedestrian accident," Emily Gurnon, Dec. 30 2011
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