The widow of a 26-year-old truck driver is suing two companies she says are responsible for the accident that killed her husband, which happened as he and his co-workers were driving from Ohio to West Virginia in July 2011. The men were part of an exhausted work crew being forced to drive without rest as part of a 22-hour workday, the woman's wrongful-death lawsuit says. The defendants are an energy company, its chief executive and a shell company the executive allegedly formed to avoid federal safety regulations. The lawsuit also names the driver in the fatal accident, who's filed his own injury claims against the company for forcing him to drive 200 miles even though his supervisors knew he was too tired to do so.
]]> According to the lawsuit, the manager of the energy company apparently didn't provide any opportunity for the crew to stop and rest before heading back home, nor were there any sleeper berths in the truck or on-site resting facilities available. Federal regulations require that drivers get a certain amount of rest, but the lawsuit claims the company's records related to the crash were falsified to avoid any official violations. The lawsuit seeks both compensatory and punitive damages in hopes of deterring future misconduct.The trucker who died had only been married for two months when the accident happened, and was excited about the $12-an-hour job after working for minimum wage at a bakery. It's tragic that a job promising so much opportunity brought such an unnecessary end to his life, possibly for the sake of someone else's profit.
Source: The Marietta Times, "Widow of W.Va. gas industry worker sues Colo. firm," The Associated Press, May 18, 2012
]]>Like a lot of other recalled toys, the Banzai Splash in-ground pool slide looks like a lot of fun. It has a fairly tall ladder and a steep slide that's intended to be set up next to an in-ground pool; by connecting a garden hose to the top of it, water can be sprayed down the slope. But according to the Consumer Product Safety Commission, it's also very unstable and can topple over sideways, even in non-windy conditions.
]]> Even worse, though, is its tendency to partially deflate, which has caused users to fall to the ground below the slide. Since it's designed for use on the edge of a pool, that usually means a hard fall onto concrete. This is what caused the fatal injuries of a 29-year-old mother in Massachusetts. As the slide deflated, she fractured her neck and hit her head at the bottom of the slide.The CPSC and the makers of the slide are aware of at least two other incidents that resulted in serious injuries. The slide left a 24-year-old man in Missouri a quadriplegic after he injured his spinal cord, and another woman in Pennsylvania fractured her neck.
In addition to these horrific injuries, the slide simply doesn't carry adequate warnings or instructions, which only increases the likelihood of injury. That's why the CPSC, Wal-Mart and Toys R Us stores have recalled 21,000 of the slides, which were sold nationwide from January 2005 through June 2009 but are no longer produced.
No one who purchases an inflatable water toy expects a risk of serious injuries, let alone death. The fact that this product resulted in both makes its recall particularly tragic.
Source: CNN, "Reported death, severe injuries prompt recall of pool slide," Todd Sperry, May 10, 2012
]]>She was an avid runner who took first place in the women's division of Cincinnati's Flying Pig Marathon in 2009, her first 26.2-mile race. But on Oct. 16, 2010, she decided to use her first day off in 13 days of working as a medical resident to go for a bike ride.
]]> The skies were clear as she cruised down a hill in Anderson Township. She had the green light at the intersection below, but just as she reached it, an opposing car turned in front of her, failing to yield. She smashed into the side of the car and flew over its roof, breaking her neck in five places as well as her clavicle and sternum. Her jaw and several teeth were also fractured. She landed on her back and lay there unconscious until help arrived.Although she'd worn a helmet, an angiogram showed an aneurysm and a brain injury that may have damaged the right side of her body. She underwent three operations on the aneurysm, in addition to the rehabilitative care the rest of her broken body required.
Eighteen months later, the cyclist has resumed a normal life. She placed fourth last weekend in her first Flying Pig marathon since the accident -- quite a victory considering all that she's been through. Although she hasn't returned to biking, she's become an advocate for bicycle safety, encouraging helmet use -- which likely saved her life that day -- and encouraging drivers to keep an eye out for cyclists.
This woman's story serves as a reminder of the tragedy that can arise from a failure to notice bicycles on the road. Her inspiring comeback came at a cost -- medical expenses can pile up rapidly after a life-threatening accident. If you're injured in a serious crash, you have the right to be reimbursed for these costs if someone else is found to be at fault. Instead of trying to win that compensation yourself, look to the counsel of an experienced personal injury attorney so you can focus on what's most important: a successful recovery.
Source: Cincinnati.com, "Alison Delgado seeks to put accident behind her in Flying Pig," Mark Curnette, May 4, 2012
]]>There's another danger out there, one that most drivers view as a pet peeve: the failure to use turn signals. According to a study by the Society of Automotive Engineers, drivers don't use their turn signals when making a turn about 25 percent of the time. When it comes to changing lanes, drivers either never turn them on or fail to turn them off about 48 percent of the time. All told, drivers fail to use their signals 2 billion times a day, or 750 billion times a year.
]]> As crazy as that drives some of us, it's more than just a source of road rage. SAE's research says not using turn signals causes about 2 million car accidents every year. That's more than double the number of accidents blamed on distracted driving, which sits around 950,000.You would think that with so many accidents linked to such a bad habit, police would be eager to issue citations to drivers who don't signal. But it falls below speeding, running red lights or stop signs on the list of police priorities. Especially with so many cellphone laws now being enacted, police are more likely to ticket you for texting than moving into the next lane without indicating that first.
The president of an engineering company and the author of the SAE report has suggested that if drivers can't remember to make the effort to signal their turns or lane changes, perhaps it's time their cars reminded them. Proposed technology called the "Smart Turn Signal" could detect when a car is changing lanes and turn off the signal automatically afterward, or perhaps give a friendly reminder to use the turn signal when it senses a vehicle is turning.
Although some might say such technology just makes drivers lazier, it could end up reducing the number of car accidents and saving people from being injured or even killed. And for that, any technological advance would be well worth adopting.
Source: Bottom Line on MSNBC, "Turn signal neglect a real danger, study shows," Paul A. Eisenstein, May 1, 2012
]]>An unfortunate example is the fatal crash that happened Wednesday morning in Milford Township, Ohio, just outside Cincinnati. A 25-year-old man was riding his Harley-Davidson south on state Highway 177 when a pickup truck heading west pulled out onto the highway and struck the motorcycle. The motorcyclist, who was wearing a helmet, was rushed to a hospital in a medical helicopter but died of his injuries that night. The crash remains under investigation, but it could be weeks before charges are filed against the 17-year-old pickup truck driver.
]]> In our last post we discussed bicycle safety of the non-motorized variety. But in addition to being National Bike Month, May also happens to be National Motorcycle Safety Awareness Month. It's a good time for bikers to remind themselves of all the precautions they can take to stay as safe as possible, but those of us who drive cars, trucks and SUVs should also be extra mindful of motorcycles on the road. Especially now that temperatures are rising, more motorcycles will start making an appearance on Ohio roads.Motorcyclists are entitled to all the privileges that other motorized vehicles enjoy. That means cars and trucks should give motorcycles a full lane of travel and avoid following them too closely. And to prevent an accident like the one that happened this week, always look for motorcycles at intersections and when changing lanes.
Even when motorcyclists wear helmets as the victim in Wednesday's accident did, they're more vulnerable and less protected against accidents, which means the injuries are almost always very serious, if not fatal. If you're injured in a motorcycle accident or someone close to you has died in a crash, it's up to you to seek compensation for your medical costs or losses, even if charges are filed against the driver at fault. Coming back from such an accident can be a long road, but the right legal counsel can make the journey much easier.
Source: Dayton Daily News, "Motorcyclist succumbs to injuries in crash," Hannah Poturalski, May 3, 2012
]]>If you're not a bicycle rider, it pays to brush up on the rules for motorists sharing the road with bicyclists. By raising your awareness as a biker or a motorist, you're doing your part to reduce the number of car accidents involving bicycles.
]]> In 2009, 51,000 bicyclists were injured in motor vehicle traffic accidents. About 8,000 of those bicyclists, or 17 percent, were age 14 or younger. This statistic highlights an important reminder for drivers: Children often forget to look for traffic when crossing streets, and may not have the same ability as adults to signal turns or move quickly out of the way of cars. They can also be harder to see than adults on bikes.Under Ohio law, bicycles are considered vehicles and should be treated as such by other vehicle drivers. Motorists should try to keep a safe distance from bikers while passing them, but bicycle riders should be aware of their position, too, as they ride alongside motor traffic. Ohio law says that bikers should ride as near to the right side of the roadway as possible. This is often misinterpreted to mean "as far to the right as possible," but hugging the curb isn't recommended. That's because it encourages motorists to attempt to pass or turn right in front of a bicyclist even when it isn't safe. Bicyclists also shouldn't ride on the sidewalk. Although it may seem safer, it puts you at a greater risk of not being seen while crossing intersections to the next sidewalk.
State law also says bicyclists riding at night must use a headlight and taillight -- not just reflectors, and it's a good idea to wear bright or reflective clothing. They should also use hand signals when turning or stopping.
Although car drivers should always keep an eye out for bicyclists, two-wheelers following Ohio's bike laws will make it easier for motorists to see them, avoid an accident and bolster mutual respect for other forms of transportation.
Source: OhioBike.org, "Better Ohio Bicycling Bill: House Bill 389," May 1, 2012
]]>There are many reasons why truck drivers might not be fully rested when in the driver's seat, and sleep apnea, a condition that can cause hundreds of short interruptions in breathing that jolt the sufferer awake, is one of them. Now, the Federal Motor Carrier Safety Administration is laboring to adopt more stringent standards when it comes to truck drivers and sleep apnea.
]]> Based on the recommendations of two panels -- the Medical Review Board and the Motor Carrier Safety Advisory Committee -- the Federal Motor Carrier Safety Administration could ask that any driver who has a body mass index over 35 be examined for sleep apnea. A person's body fat can often be an indicator of sleep apnea. Body mass index is calculated based on an individual's height and weight. Studies have shown that the higher an individual's body mass index, the greater the risk for sleep apnea.Other instances like fatigue-related crashes or falling asleep behind the wheel would take a driver off the road until they are tested and treated for sleep apnea.
Right now, there are no rules in place that would force a truck driver to be tested for sleep apnea. This ailment can severely disrupt a driver's sleep, making it hard for them to achieve a restful slumber. Back in 2008, the Medical Review Board lobbied for stronger regulations and made it so that all drivers are tested for the ailment.
Data shows that this is a legitimate concern, as drivers with sleep apnea are 242 percent greater crash risks than a driver without the ailment, according to a study from the Harvard Medical School.
Sleep apnea awareness is growing among the trucking community and many carriers have taken measures to try to curb the effects the condition has on drivers, in turn making the roads safer for the rest of us.
Source: TruckingInfo.com, "FMCSA Proposes Guidance for Sleep Apnea," Oliver B. Patton, April 20, 2012
]]>One year after a crash that killed her teen grandson, a Cincinnati woman made a plea to prosecutors for justice for the man accused of causing the collision. One of the toughest parts to accept, she says, was that it could have been avoided. "He knew he didn't have brakes in that car and he went and drove it anyway, in the rain," she said.
]]> The accident happened April 22, 2011, in Cincinnati. She was driving with her 14-year-old grandson in the front passenger seat when another driver ran a red light and crashed into her car, according to an accident report. The woman suffered serious injuries to her brain, liver, and back, as well as a broken eye socket. But most painful, she says, was losing her grandson.The 26-year-old man accused of running the red light is still in jail awaiting trial on charges of aggravated vehicular homicide, vehicular homicide and vehicular assault. Police said that before the accident that killed the teen, the man had been pulled over for hitting a parked car.
But these charges won't bring the teen back, nor will a conviction pay for funeral expenses or his grandmother's medical costs. To compensate for these losses, the family will have to file a personal injury or wrongful death lawsuit. Pursuing such a civil case can stir up more difficult emotions, but when a family continues to hurt and suffer financial consequences of an accident caused by someone else's negligence, the effort can be well worth the pain.
Source: WLWT.com, "Teen's Grandmother Makes Plea For Justice," April 22, 2012
]]>New research seems to vindicate those complaints, showing that a small minority, 21 of 98, of the best-selling car models produced in the last two years designed their seats in a manner that make it simple to install the safety seats needed to prevent child injuries.
]]> The study was conducted by transportation experts and insurance industry highway safety advocates. Automakers, researchers state, have paid scant attention in general to the impact that seat design has on the ability to securely fasten child safety seats in a vehicle. Loosely attached safety seats, of course, can result in significant injury and children being tossed about in the event of a collision, or even being flung from a vehicle with lethal consequences.In the research study, 36 volunteers tried to install child safety seats in vehicles. All volunteers have children and were therefore familiar with the installation of child safety seats in their own cars. Each of them made attempts in three different vehicles with three different types of safety seats. Frighteningly, only 13 percent of the volunteers succeeded in installing the seats at the proper angle with a secure and tight fit.
Parents should not blame themselves for the difficulties in properly installing the safety seats, in light of the fact that many automakers are evidently unwilling to take the time and effort to properly design car seats to make such installation easy. Paradoxically, the very fact that a minority of car models do have such properly designed seats makes it all the more outrageous that not all cars do, since it is a goal that can be accomplished.
Source: Chicago Tribune, "Insurance group says car design hinders use of child safety seats," Jerry Hirsch, April 11, 2012
]]>Products that cause serious injuries to children are not all that rare, unfortunately. And the injuries often aren't as horrific as some of those that cause harm to adults. But because children are small, vulnerable and usually don't or can't read warning labels, we hear more about products that cause their injuries. On the upside, such recalls generally lead to safer products.
]]> Take the example of a recall of folding chairs for kids. Four different companies recalled their chairs after some of the seats unexpectedly collapsed. And many children's fingers were severed when they became caught in the chair's hinges. As a result of those recalls, industry standards changed for the better.Strollers are another commonly recalled product. At least four companies have announced recalls in the past few years due to 37 incidents of amputations and other injuries. The hinge design for strollers of these and other companies have changed to ensure that more children aren't injured.
Many times a faulty design can be blamed on the product designer's failure to anticipate how the product will be used. Those who design products for adults can imagine through experience and instinct how a consumer will work with a product. But they may not consider all the accidents that can happen when babies or children are the users.
"You have to anticipate ... how likely it is that a child will have his or her hand in the wrong place," says the executive director of Kids in Danger, a group dedicated to improving safety in children's products. "That's what it amounts to in most of these products."
Source: The Washington Post, "Baby bicycle seats get recalled after 2 children suffer injuries to their fingers," Dina ElBoghdady, April 6, 2012
]]>The teen was accused of concealing a stop sign by covering it in plastic wrap and petroleum jelly in August of last year. A car later drove through the stop sign and was hit by an SUV towing a boat. The passenger in the car that was hit, an 85-year-old woman, died at the scene. Her 81-year-old sister was driving the car and suffered critical injuries. She died weeks later.
]]> The young man admitted to the prank and pleaded guilty in February to two counts of reckless homicide. Another teen was also charged originally, but those charges were dismissed.At his sentencing hearing on Wednesday, the daughter of the driver who died read an impact statement, saying her mother had to go through multiple surgeries between the accident and her death, which "caused me very different degrees of suffering and anger, because it could have been prevented."
Through tears, the man apologized to the victims' family and said he took full responsibility for his actions. The judge called the teen's actions "childish and juvenile," but said he would consider the defense attorney's request of an early release.
Although it's encouraging that the man who caused the fatal accident appears deeply sorry for his actions, his remorse won't bring back the victims whose death he caused. It's possible that their family members will subsequently file a civil wrongful-death lawsuit to account for not just funeral and burial costs, but the pain and suffering of losing two loved ones in a senseless prank.
Source: 10TV.com, "Teen Accused In Fatal Stop Sign Prank Gets 4 Years," April 11, 2012
]]>The March 2011 crash happened as the man was fleeing Cincinnati police in a stolen SUV. His attorney said he was under the influence of alcohol and drugs as he sped through the downtown area at speeds of up to 77 mph, running stop signs and lights. The SUV ultimately crashed into a car, bounced off of it and hit a cab, killing the cab driver and his passenger. Video captured by police cruisers and a security camera on a building provided key evidence in the case.
]]> During the trial the widow of the 33-year-old cab driver provided a tearful testimony, explaining that her husband of eight years was killed on the anniversary of their first date. The cab driver's passenger was a 38-year-old blind woman who was on her way to the airport. She was flying to New York to care for her ailing mother.The defendant's attorney didn't dispute most of the facts of the accident, but argued that his client was so intoxicated that he didn't "knowingly" do anything to warrant the murder charges. But he later said his client, who has been in and out of prison for most of his adult life, expected the guilty verdict and had no reaction to it.
Most people who cause fatal accidents aren't career criminals, but many are convicted of being under the influence of drugs or alcohol. Although this man's criminal record may make it easier for the victims' families to win a wrongful-death lawsuit, a criminal conviction isn't essential when it comes to filing a civil suit against an at-fault driver. Families of fatal car accident victims are fully entitled to seek compensation for monetary and emotional loss in any accident caused by negligence or other wrongful actions.
Source: Cincinnati.com, "Fatal crash earns conviction, life sentence," Kimball Perry, April 10, 2012
]]>Police did locate a Chevy Impala that appeared to match the one involved in the crash, but there's been no word this week on whether it was indeed the same car, and no one has been arrested or charged in the accident. As authorities continue to search for the culprit, the boy's parents are grieving over a shrine that's been building outside their house, complete with stuffed animals, balloons and the boy's favorite snacks.
]]> The car accident happened March 15 in East Price Hill. The boy was hit by the car around 6 p.m., after which the driver, whom witnesses described as a man in his 20s, fled the scene with a male passenger. The boy was taken to a hospital but died of his injuries.Police say speed wasn't a factor in the crash, although neighbors have said cars have been exceeding the 25 mph speed limit for years and residents on the street where the boy was killed have been trying to get city officials to do something to improve pedestrian safety there.
The crash marked the second time in less than a week that a child in Cincinnati was struck and killed. Although children are more likely to forget to look for cars before crossing the street, drivers who speed are less able to slow down or stop when a running child suddenly appears in front of them. Furthermore, drivers who fear getting in trouble for hitting someone while speeding are more likely to drive away, rather than stop and render aid to a child who could be saved with immediate medical assistance.
The boy's parents are still hopeful someone will come forward or be found by police. In the meantime, the toddler's death serves a reminder to motorists that driving carefully in residential areas can prevent tragic accidents like this one.
Source: Cincinnati.com, "Child killed in hit-and-run," Jennifer Edwards Baker, March 22, 2012
]]>But we do still have to drive our own cars, and it turns out that we drivers are the brunt of the fatal-accident problem. According to a report by the Governors Highway Safety Association, speeding and aggressive driving are preventing the fatality rates from slipping any lower.
]]> A total of 32,885 people died in motor vehicle accidents in 2010, according to the National Highway Traffic Safety Administration. The United States hasn't seen a figure that low since 1949. It's an especially impressive figure when you consider how many more cars are on the road now than 60 years ago. We can chalk that up in part to technology, along with the fact that seatbelt use is increasing and drunk-driving is a factor in 3 percent fewer accidents since 2000.But we're making up for it in our old-fashioned tendencies. We're still driving too fast, according to the GHSA. One-third of the fatalities in 2010 were attributed to speeding. In fact, speeding statistics haven't budged in more than 30 years. Perhaps that's because we're not doing much to curb it. Seven states have increased their speed limits in the past seven years, up to 85 mph in some states. Conversely, only two states have raised the fines for speeding since 2005, with one of those states only raising fines for commercial vehicles. And only one state, Indiana, has passed aggressive-driving legislation since 2005, making it just the 11th state to enact any kind of aggressive driving law.
Why aren't we slowing down, despite the danger? Drivers are simply indifferent, and most police departments lack the personnel to effectively enforce speed limits. The most effective means of reducing the accident rate further might be to bump up laws against aggressive driving. "Road rage" has become more prevalent, and drivers tend to be aware of the risks. Perhaps if more drivers realized how many lives are lost as a result of aggressive driving, the more willing they would be to relax, slow down and stay safe.
Source: The Car Connection, "Speeding, Aggressive Driving Still Cause 1/3 Of Fatal Accidents," Richard Read, March 9, 2012
]]>The three workers were conducting bridge maintenance work at the time of the Jan. 24 crash. The two right westbound lanes of the turnpike were closed and marked off with orange cones. But a semitruck drifted through the closed-off area and into the work zone, striking three turnpike vehicles and the workers. Two of the workers and the truck driver were airlifted to hospitals. The third worker was pronounced dead at the scene.
]]> Another turnpike worker blasted an air horn to warn other workers after seeing the truck heading into the work zone. At least one worker was able to move out of the way and avoid being injured. But the two workers who were hit still have not returned to work. And the family of the construction worker who died is still coping with his loss. In a statement they urged drivers to slow down and be mindful when passing through construction zones.Regardless of whether the driver faces criminal charges, the injured workers and the family of the worker who was killed may decide to file a civil personal injury or wrongful-death lawsuit against him. The surviving workers may still be struggling with their recovery and the resulting medical bills, and the loved ones of the third worker may have funeral and burial costs to recoup. Exactly why the driver drove through the marked-off lanes and into the construction zone will likely come out in the grand jury proceedings, which could have an effect on any civil lawsuits filed against him.
Source: The News-Messenger, "Fatal crash investigation complete," Mark Tower, March 29, 2012
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