by Queener Law | Feb 23, 2018 | Colorado, Kentucky, Pedestrian Accident, Tennessee
Many auto manufacturers are taking steps to redesign their vehicles to prevent or minimize pedestrian accidents and the injuries and deaths that result. New features like softer bumpers, modified front-ends, and pedestrian detection and avoidance systems help prevent pedestrian crashes and reduce the risk for traumatic brain injuries and limb injuries, the two most common types of pedestrian injuries involved in vehicle accidents.
How Pedestrian Accidents Occur
Most pedestrian accidents occur when a passenger vehicle is traveling forward while a pedestrian is standing or walking in front of the vehicle. Typically, the pedestrian is hit twice; first by the vehicle and then by the ground. Life-threatening injuries like traumatic brain injury often result because of impact to the windshield or hood of the vehicle. Many other accidents frequently involve disabling injuries to the lower limbs.
Changing Design to Reduce Pedestrian Injuries
Recognizing the potentially catastrophic consequences of a pedestrian accident, some auto manufacturers have begun to change vehicle design to minimize the impact of a vehicle collision.
Head Protection
Many head injuries occur when there is not enough clearance between the vehicle’s hood and its underlying engine components. A gap of about 10 centimeters is usually enough to decelerate the speed of impact and can help prevent pedestrian death. Due to these factors, some vehicle manufacturers have created additional room under the hood. One way that manufacturers have accomplished this is by implementing deformable mounts or adding airbags that cover the hard portions of the hood. Current technology allows pop-up bonnets that add extra clearance to the engine if the bumper senses a collision. The airbag may also cover the windshield.
Limb Protection
Because most pedestrian limb injuries occur when the leading edge of the hood and bumper come in contact with the pedestrian, auto manufacturers focus on these locations to try to prevent pedestrian injuries. They make the bumper softer and modify the geometry of the car’s front end. Lower set bumpers reduce the likelihood of limb injuries. Creating structures under the bumper can also minimize these injuries.
Impact Prevention Technology
Many vehicles are equipped with technology designed to prevent collisions. Radar and camera-based pedestrian detection systems warn drivers or implement automatic braking when pedestrians enter a vehicle’s path.
by Queener Law | Feb 13, 2018 | Auto Accident, Colorado, Kentucky, Tennessee
In reaction to distracted and inattentive driving, Mazda has patented a new driver assistance technology that would engage drivers to make the driving experience more fun. The idea behind the technology is that drivers may become bored while they drive, leading them to glance away from the road on their mobile devices or other electronics. The system would use cameras and sensors to determine when a driver was becoming inattentive and then actively engage the driver in order to draw his or her attention back to the road. Instead of artificial intelligence taking over the car, it would use things like speakers to amplify the engine noise or suggest alternate routes with curvier roads that would require people to keep their eyes on the road.
Mazda’s Driver Assistance Technology
The driver assistance technology that was recently patented by Mazda would encourage drivers to keep their focus on the roads by making the experience more fun. The technology would use cameras and sensory inputs to analyze when drivers were becoming inattentive or distracted by measuring reaction times and other factors. When the system senses that a driver is becoming inattentive, it will give tips to the driver about how to improve his or her driving skills. It might suggest ways to accelerate or to turn so that the driver has a better experience. The systems may also suggest more scenic routes that have curvy roads. This is because driving on these types of roads naturally forces drivers to pay more attention to what they are doing in order to remain safe. The technology also might be used to make the engine sound louder so they might be encouraged to slow down their vehicles.
The technology that has been patented by Mazda is only at the patent stage, and it is unclear whether the company has any plans to develop it. The system is an innovative way to tamp down driver distraction. Messages telling people not to text and drive have had little effect, so new technology that would focus on other aspects of the driving experience might be helpful to reduce driver distraction while increasing driver engagement.
by Queener Law | Jan 16, 2018 | Colorado, Kentucky, Tennessee, Trucking Accident
Following an increase in truck accident fatalities over the past seven years, survivors and safety advocates are urging the Federal Motor Carrier Safety Administration to finalize multiple safety regulations that have been placed on hold. Truck Safety Coalition members attended the nomination hearing of the new administrator of the FMCSA in Oct. 2017. They wanted to draw attention to the importance of a number of safety regulations in the hope that the FMCSA would finalize the rules and begin enforcing them. However, the anti-regulatory environment makes it less likely that the rules will be finalized in the next few years.
Safety Rules at Issue
Despite the push by lobbyists for another delay, the electronic logging device mandate went into effect on Dec. 18 as scheduled. Trucks must now have electronic logging devices installed that track when the trucks are moving. It is thought that the ELD mandate may prevent truck drivers from falsifying their logbooks to get around hours-of-service rules.
Other regulations have not been finalized or implemented, however. A proposed sleep apnea rule that would have required screening for sleep apnea that is similar to what is required of pilots was withdrawn by the FMCSA. Sleep apnea interferes with sleep patterns, causing people who suffer from the condition to feel fatigued. The sleep apnea rule was meant to reduce drowsy and fatigued driving by truck drivers.
Advocates have also been calling for an enhancement in driver training rules to require more hours behind the wheel. The proposed rule that would have required trucks weighing more than 26,000 pounds to have speed limiting devices installed has also not been finalized. The Trump administration is still considering it, and it is uncertain whether or not it will be enacted.
Truck Accident Increases
Truck accidents have increased over the last seven years. In 2016, there were 4.317 people who were killed in accidents involving large trucks. Many of these accidents were caused by some of the issues that the proposed regulations would address. Despite this, it is unlikely that the FMCSA will act to prioritize safety because of the anti-regulatory push in the administration.
by Queener Law | Dec 27, 2017 | Auto Accident, Colorado, Kentucky, Tennessee
Because car manufacturers tend to design their vehicles to pass the existing safety tests, the Insurance Institute for Highway Safety recently instituted new tests that rate cars for passenger safety. In the past, manufacturers had focused on driver safety since that was what the tests looked for. The IIHS asserts that it is important to improve passenger safety so that it is equal to the safety standards imposed for drivers.
IIHS Safety Tests
The Insurance Institute for Highway Safety performs tests each year on newly released vehicle models. The tests are influential and let customers understand how safe the different models are so they can make informed purchasing decisions. Because of the importance of these tests, vehicle manufacturers tend to design their vehicles to pass them. In the past, the tests have focused on the safety of drivers. Recently, however, the IIHS has been concerned about making certain that the manufacturers also design their vehicles to be equally safe for passengers. It added passenger-side front crash tests to its safety testing regimen this year.
Test Results
The IIHS tested 13 vehicles with its new passenger side 40 mph frontal crash test. Of the vehicles that were tested, 10 received good ratings from the IIHS. Out of the remaining three, the Volkswagen Jetta was rated as acceptable while the Chevrolet Malibu and the Volkswagen Passat received ratings of marginal. The IIHS recommends that manufacturers optimize the safety of their airbags and headrests to equalize the safety of vehicles for passengers as well as drivers.
While enhanced safety measures won’t prevent all motor vehicle injuries from occurring, they can help to minimize the risks of serious injuries or fatalities when accidents happen. The IIHS designs its tests so that consumers can use the results as one factor in their decisions about which vehicles to purchase. People who are in the market to purchase new cars may now have access to more accurate safety ratings due to the changes. Because car manufacturers are aware that consumers pay attention to IIHS ratings, they might be led to add enhanced features to their vehicles to make them safer for all passengers.
by Queener Law | Nov 13, 2017 | Auto Accident, Colorado, Kentucky, Tennessee
The Centers for Disease Control and Prevention reports that approximately 90 people die each day in the United States due to motor vehicle crashes. That number is almost double the number of roadway deaths of any other high-income country. Between 2000 and 2013, the U.S. reduced highway deaths by approximately 31 percent. Many analysts agree that vehicle crash fatalities could be further reduced in the U.S. by adopting proven strategies.
Who is at highest risk?
According to a report by the World Health Organization (WHO), 90 percent of crash-related deaths occur in low- and middle-income countries. In high-income countries like the United States, people from lower socioeconomic levels are more likely to be involved in a fatal car crash. Young males are three times more likely to die in a vehicle crash than young females.
Common causes of vehicle deaths
To effectively reduce the number of highway deaths, it is important to understand the causes. Doing so can help individuals, vehicle manufacturers and lawmakers address safety issues to minimize the risk of crashes and prevent serious injuries and deaths when accidents do occur.
- Speed is directly related to both the likelihood of having a crash and the probability that deaths will occur in the accident. A personal injury attorney can advise pedestrians or passengers who have been injured due to speeding of their rights and options.
- Driving under the influence of alcohol and other psychoactive drugs accounts for nearly one-third of all U.S. traffic-related deaths. A person driving after taking amphetamines is five times more likely to be in a fatal accident than someone who hasn’t.
- Proper use of safety equipment can significantly reduce fatalities. Wearing a motorcycle helmet reduces the risk of death in an accident by 40 percent. Wearing a seat belt reduces the risk of death for front seat passengers by as much as 50 percent.
- Distracted driving is an evolving problem as new technologies emerge. Drivers using phones are four times more likely to be in a crash. Drivers using hands-free devices are not much safer.
What can be done?
Erin Sauber-Schatz, Ph.D., M.P.H. is a team leader for the CDC’s National Center for Injury Prevention and Control. Erin says 10,000 lives could be saved every year by eliminating alcohol-impaired driving. An additional 3,000 deaths could be prevented by increasing seat belt usage to 100 percent.
by Queener Law | Sep 19, 2017 | Colorado, Kentucky, Tennessee, Trucking Accident
While many truck accidents are caused by driver mistakes, some result because of defective parts on vehicles. According to the Federal Motor Carrier Safety Administration, almost 30 percent of accidents involving large trucks happen because of part failures. Identifying the parties who are responsible in cases involving defective components can be complicated. Victims may need to get help from expert witnesses who can demonstrate the link between the failed part and the accident’s cause. A truck accident lawyer may work with experts and investigators to help to prove liability and causation.
Common Truck Component Defects
There are a number of different defects that can lead to serious truck collisions. The FMCSA reports that brake failures are one of the leading causes of accidents related to defective parts. Other component defects that may lead to accidents include lighting problems, door and hood failures, wheel defects, engine or transmission failures and attachment system failures. Any of these defects may lead to serious accidents involving the trucks alone or other vehicles.
Defect Categories
In cases involving defective parts, there are three primary categories of defects. These include design defects, manufacturing defects and maintenance issues. Components that have design defects are parts that have problems in their initial designs, causing them to not function as intended. Parts that have manufacturing defects are made incorrectly, causing them to fail. Poorly maintained parts can also lead to failures and accidents. Companies are supposed to routinely inspect and maintain their trucks. When they fail to do so, the companies may be liable for resulting lawsuits. Some companies contract out their repair and maintenance work to third-party contractors. In those cases, the third-party repair and maintenance companies may be named as the defendants in resulting lawsuits.
Damages
People who are seriously injured in truck accidents may suffer both economic and noneconomic losses. By filing lawsuits against the responsible parties, they may recover compensation for both. The amount of damages that might be available in a case will vary depending on the losses and on what happened. Before agreeing to accept proposed settlements, it is important for people to understand how to correctly value their claims. Determining the potential claim value should include calculations of past and future medical costs, past and future lost earnings, pain and suffering, disfigurement and others. A truck accident lawyer may help to value a claim by calculating damages in the various categories.
