by Jennifer O'Connell | Mar 11, 2019 | Colorado, Personal Injury
Urban Avalanches: Colorado Passed Milestones
The clouds are rolling in and more of the powdery white stuff is on the way… snow, that is. This week may bring another 6” of snow to Denver, and this week’s storms are also bringing high winds of over 40 mph. Wind gusts are more dangerous to your commute than you might think. While no one loves driving in windy conditions that whip their car around, especially when passing a large truck or bus. Wind also sweeps snow onto the roadways, cooling and patting it down, creating icier conditions than snow alone. But the bigger issue in the news lately has been avalanche danger. Typically relegated to back country skiing, there have been numerous tragic avalanches across Colorado roadways this month.
In addition to the road closures, just this weekend, the Denver Post reported several injuries and one fatality related to “roof avalanches.”
Two men were working to create a safer environment for others in Crested Butte by clearing snow from a commercial building roof when they were trapped in a slide themselves. One was injured, while the other suffered fatal injuries. Avalanche warnings were seen this season for the first time just weeks ago, but have been continually expanded as snow reports continue. In today’s media, the word “historic” may seem cliché at best, but the avalanche dangers in our state are truly that. Colorado has already surpassed the last several record years for the number of avalanches, and is quickly approaching the heartbreaking records set for injuries and death.
Why are we seeing so many monster snow waves sweeping across our highways? According to the National Weather Service, we are in the midst of a perfect storm.
It’s not just anecdotal that the memes showing a tropical paradise on the sunny side of the street with an arctic freeze on the other side seem to accurately describe Colorado weather. And that is the perfect recipe for avalanche disasters. Simple avalanches are caused by high snowfall, usually in a rapid manner.
But the Colorado weather recipe of alternating cold to moderate temperatures destabilizes the layers of the fluffy stuff, causing a freeze-to-melt pattern made perfect for a slide.
The instability results in a snow break, which is marked by a separation of the unstable snow from more stable packed snow. This most commonly occurs within 24 hours of the snowfall because the overload of the new snow weakens the melt-to-freeze-to-melt layers beneath. When these conditions are combined with wind, further increases in temperature, and other natural conditions like lack of vegetation and slope steepness, you see the types of dangers we have been facing this month in Colorado. The weather forecasts this week are calling for a continuation of these perfect conditions. Heavy winds, rapid drops of large amounts of snow, coupled with temps that are forecast to fluctuate over 25 degrees in a single day — an avalanche’s delight. According to the Colorado Geography Survey’s Colorado Avalanche Information Center (CAIC), unstable snow pack can cause a slide of up to 200 mph of blasts able to destroy structures and trees. Even the blast of air that precedes the slide can be destructive in itself. In the past few weeks, many Colorado residents have found themselves being completely consumed in their vehicles by a rush of white.
The speeds of the avalanches and sheer force of the blasts are dangerous enough, but the post-slide conditions can further complicate the issue.
Multiple authority organizations, including CAIC, are recommending Coloradans avoid avalanche zones entirely until the weather evens out. However, it is not the Colorado way to avoid ski slopes with this much powder.
Here are extremely important safety tips we should all know so well they act like muscle memory in our minds:
1. If you are in your vehicle during a slide, snow your vehicle to a stop and shut off the engine. This first step is one of the most vital to survival. Don’t let vehicle fumes take you out long before the cold ever would. Stay in your vehicle until the authorities arrive. If not completely covered, your vehicle will protect you from the elements and keep you warmer. If completely submerged, the human body is denser than snow. You will not successfully climb from your vehicle to the top of the slide where you would access warmth and air. The snow will simply continue to pack around you. You will only sink deeper into the mound. Keep yourself in the warmth and safety of your vehicle until safety crews arrive. If stuck for a lengthy stay, you may want to open your windows slightly and use an ice scraper to hollow out some space for air.
2. If you are caught in a slide while shredding, point directly downhill to attempt to gain speed. If able, veer sharply left or right to escape the path. If unable, reach for a tree. This will aid in climbing out, creating air space, and possibly absorbing the bulk of the slide versus impacting your body. Hang on to any debris, as your body is denser and will sink faster than debris. While the avalanche is still moving, swim hard. Work to create air space as much as possible. Once the slide stops, the snow pack will settle in like concrete. You want to create as much body and air space as possible. If able, punch skyward to continue to create more breathing room for yourself.
Obviously, no skier or boarder should head into the danger zones without beacons and avalanche gear. And during high avalanche periods like we are seeing now, anyone driving through the mountains should also be equipped with survival gear. Make sure to pack blankets, water, shovels, and food in your vehicle. Make sure to keep your cell phone fully charged while driving in case of emergency, and carry an external battery. Have a first aid kit in case of minor injuries you can treat yourself and to mitigate the impact of major injuries until EMS arrives. Hand warmers will also be extremely helpful in case of being caught in your vehicle during a slide, so equipping your car with plenty of those can make a significant difference.
Colorado typically sees 4–5 fatalities annually from avalanches. We have neared, if not surpassed, that average already this year. Please take heed of these preparation and eventuality tips. Do not contribute to making 2019 a record-breaking year. For more questions and concerns, contact us.
Here are several links for further information and safety tips:
Colorado Geographical Survey — Colorado Avalanche Information
Farmers Almanac Winter Care Kit
National Geographic — Avalanches
by Queener Law | Jul 20, 2018 | Colorado, Kentucky, Personal Injury, Tennessee
Problematic Plane Inspections
FAA safety inspectors may have improperly approved thousands of aircraft for commercial operation without first reviewing the exemption limitations that could cause them to be prohibited. A whistleblower made a report to the Office of Special Counsel, which requested that the Federal Aviation Administration conduct an investigation. The investigation found that more than 11,000 planes that should have failed their inspections were passed by the inspectors, endangering the public.
According to the whistleblower, the safety inspectors regularly approved planes to fly without reviewing critical safety information about the planes, passing many that should have failed their inspections. Some planes that were passed had rear exit doors that were nearly inaccessible, which could mean that passengers on the plane could be trapped in the case of a crash. Many planes that were passed had expired registrations at the time of their inspections. A number of planes that were no longer registered continued to be operated for flights.
Findings of the FAA
The FAA conducted its investigation and reported its findings to the Office of Special Counsel. It substantiated the report that the planes were passed despite having inaccessible exit doors. According to the FAA, some of the planes had interior doors installed that blocked people’s access to the rear exits. The planes are only permitted to have those interior doors if they have locking mechanisms installed that prevent the doors from becoming closed. However, many of the planes did not have the locking mechanisms installed and were still allowed to fly. The FAA also substantiated the whistleblower’s report that some planes were allowed to continue flying despite having expired registrations in violation of the FAA’s safety regulations.
Corrective Actions
The FAA recommended a number of corrective actions, including the development and implementation of a corrective action plan that includes specific due dates. It also recommended clarifying any exclusions or limitations that are included in the FAA manual to make certain that inspectors look for the locking mechanisms and to fail passenger planes that don’t have them. It also recommended that the registration system is updated and that planes that are expired are not passed.
by Queener Law | Jun 17, 2018 | Personal Injury, Tennessee
Jaywalking Laws
Most people think that jaywalking accidents are the fault of the motorist, but under certain situations, the pedestrian may be partially or totally at fault. Liability in jaywalking accidents depends on proof of fault. According to law, jaywalking violates pedestrian traffic laws set by each state. While it’s a low-level offense, most jurisdictions impose fines to violators. Jaywalking laws cover a variety of pedestrian behaviors, and they can vary from state to state. In some cases, jaywalking laws enacted by local jurisdictions are more stringent than state laws.
Jaywalking laws in all states require pedestrians to obey traffic control signs and signals. In general, traffic laws require pedestrians to yield to motorists outside a crosswalk to avoid the risk of being hit by a car. A personal injury attorney commonly sees serious injuries and fatalities caused by jaywalking accidents. Under Tennessee pedestrian laws, pedestrians have the right of way at all intersections and driveways, but they must obey traffic signals when available. In Tennessee, pedestrians have a duty of care for their own safety. They must yield the right of way to all moving motorists on the road. They must look both ways and exercise safe behavior when crossing the road at any point other than in a marked crosswalk or at an intersection. On roadways without sidewalks, pedestrians must walk facing oncoming traffic.
Determining Fault for Jaywalking Accidents
Tennessee traffic laws are enacted to protect both drivers and pedestrians. Drivers must yield to pedestrians crossing the street in crosswalks and school zones. They must come to a complete stop and wait until pedestrians have safely crossed. Drivers are expected to do everything possible to avoid hitting pedestrians, even if they are illegally jaywalking. Pedestrians are also required to obey traffic laws. Pedestrians who ignore traffic signs and signals put drivers and themselves at risk. A Tennessee personal injury attorney often sees pedestrian injuries that range from broken bones to death. When dealing with car accidents, Tennessee is a “fault” state. Generally, motorists have the right of way on the road and pedestrians have the right of way in crosswalks. If a pedestrian jaywalks and gets hit by a motorist, the pedestrian may be found at fault for the accident. If the motorist is under the influence of alcohol or drugs, he/she will likely be found liable, even if the pedestrian is jaywalking.
by Queener Law | Mar 24, 2018 | Personal Injury, Tennessee
When Tennesseans swim in pools and waterparks, they could become sick due to waste byproducts called chloramines and disease-causing pathogens that are present in the water if disinfection efforts are performed incorrectly. Many pools are disinfected with chlorine, but chlorine can form chemical byproducts with urine, sweat, and other organic waste that people leave in the water. These byproducts can leave a layer in the water and in the air, irritating people’s respiratory tracts. There may also be a number of disease-causing pathogens that remain behind in the water, causing swimmers to contract a variety of illnesses.
Chloramines in the Water and Air
Swimming pools may be disinfected using several different approaches, including UV light and others, but the most popular disinfection method is using chlorine because it is cheap. While chlorine can do a good job of killing most pathogens, it reacts with organic waste, such as urine, sweat, feces, and sunscreen, that is introduced by people when they swim. When chlorine reacts with these different types of waste, they can form irritants called chloramines and nitrosamines. These irritants give off gases that are heavier than the air, and they can settle around the swimming pool in the air while also settling in a thin layer on the water’s surface. These irritants have been shown to cause irritation to the eyes, nasal passageways, and respiratory illnesses, and they have been linked to certain types of cancer. Swimming pools can use ventilation systems to remove chloramines from the pool area and prevent personal injuries. If the pool owner does not have a ventilation system installed or has it installed improperly, people may become ill.
Disease-Causing Pathogens Remaining Behind
While chlorine kills many pathogens, some only die after being exposed to the chemical for 20 or more minutes. This means that people who are present in the pool when a baby in a swim diaper defecates may contract illnesses despite the presence of chlorine. Guests at swimming pools and water parks should always take showers before they enter the pool, and parents should be aware that swim diapers are ineffective for preventing contamination. Public pools should have ventilation systems installed that are working properly and they should post signs telling people to shower.
by Queener Law | Jan 11, 2018 | Personal Injury, Tennessee
n Tennessee, the number of hit-and-run accident deaths has increased as more people are choosing to ride their bicycles or walk as a means of transportation. Drivers tend to flee the scene when accidents happen at night or in areas in which they are less likely to be caught. It is illegal for drivers to leave the scene of accidents, fail to report accidents, or fail to give aid to the victims. If hit-and-run drivers are caught, they may face severe criminal penalties. The victims of hit-and-run drivers or the families of people who are killed may also hold them accountable for their actions in civil cases.
Hit-and-Run Death Rates
According to the AAA Foundation for Traffic Safety, deaths in hit-and-run accidents have increased by 62 percent since 2009. In 2016, 2,049 people in the U.S. were killed in hit-and-run accidents, and 68 percent of the deaths involved pedestrians or cyclists. During the same time period, more people are choosing to ride their bicycles or to walk to work.
When Hit-and-Run Accidents Occur
Hit-and-run accidents are likelier to happen at night or in areas where the drivers are less likely to be seen. A greater percentage of the accidents occur between midnight and 4 a.m. and on roads that have lower speed limits. More fatal hit-and-run accidents also happen in places that have a lot of foot traffic.
According to Jake Nelson, AAA’s director of traffic safety advocacy and research, smartphones are playing a significant role in the number of hit-and-run accidents. While Nelson suggests bike lanes and walkways that are protected by barriers as a solution, critics claim that these wreak havoc on parking and travel lanes for drivers.
Drivers who leave the scenes of fatal accidents may face long prison sentences if they are caught. Despite the potential penalties, the number of accidents has still increased. Drivers should make certain to watch for pedestrians on the sides of the roads who might cross. If pedestrians cross the road, drivers should slow down and stop even if the pedestrians aren’t in crosswalks. Drivers should also give cyclists enough room when they pass. Pedestrians and cyclists should watch for cars and take steps to avoid them.
by Queener Law | Oct 9, 2017 | Kentucky, Personal Injury, Tennessee
Defective toys that have been recalled are still being sold by some online retailers, according to a recent study. It is important for parents to be aware of the toys that have been recalled so they can remove them from their homes. The toys that were found in the survey pose multiple hazards, including fires, ingestion dangers and potential neurological issues caused by lead paint. When children are injured by defective toys, a personal injury attorney may work to hold the manufacturers and retailers liable for damages.
Defective Toys Sold After Recalls
According to the U.S. Public Interest Research Group Fund in its annual “Trouble in Toyland” report, more than a dozen recalled toys were found for sale by online retailers after they were recalled by the Consumer Product Safety Commission from Jan. 2015 to Oct. 2016. During this time period, the CPSC recalled more than 40 toys, which involved 35 million individual products. The PIRG Fund recommends that parents search their homes to determine whether or not any of the recalled toys that appear on the CPSC’s recall list are in their homes.
Defective Toy Dangers
Some of the toys that the PIRG Fund discovered contained high amounts of lead paint. If lead paint is ingested by children, it can cause serious neurological problems. Also found still for sale was a flying machine with a charging cord that overheats, making it a fire hazard. One toy had two magnets that could be swallowed. If ingested, the magnets can link together in the intestines of children and cause serious medical problems.
It is illegal for retailers to sell toys that have been recalled. The PIRG Fund has notified the CPSC about the violators. The fund also recommends that parents subscribe to the CPSC’s recall list and check it frequently to make certain whether or not toys that they purchase have been recalled. If they find recalled toys, they should take steps to return them.
Children may be seriously injured or killed by defective toys. Despite the hazards they present, some sellers are still selling these dangerous products. When retailers and manufacturers continue to offer defective toys on the market after they have been recalled, they may be held accountable under the theory of strict liability. A personal injury attorney may seek to recover damages for injured clients.
