January 31, 2008

Feds Delay Vehicle Roof Strength Standards Yet Again

Federal auto safety officials have yet again put off updating a controversial standard for vehicle roof strength, according to a news report in the watchdog Web site, Consumeraffairs.com. This one has been a long time coming not only because the existing standard is more than 35 years old, but because of the lives that are lost every year just in rollover crashes, which adds up to more than 10,000 fatalities a year.

The National Highway Transportation Safety Administration (NHTSA) is now asking for more information from auto manufacturers, safety advocates and the public about the proposed new standards. Auto safety advocates such as Joan Claybrook of Public Citizen are asking that auto makers be mandated to do dynamic roof crush testing – which means the rollover testing must be done when the vehicles are moving. But auto makers are saying they want to keep the static test – which is performed when the vehicles are not moving. How many rollover accidents occur when vehicles are not moving? Hopefully, federal officials have asked themselves that question.

Tens of thousands of lives have been lost in passenger car and sport utility vehicle rollover crashes in the United States even as this tug-of-war has been going on for decades. SUV makers such as Ford and General Motors are prime culprits in this because they have been fighting a stronger standard all along. They don’t want to do the dynamic testing or put heavier or stronger roofs because they cost more and push up the price of the vehicles.

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January 30, 2008

Lawsuit Alleges Nursing Home Understaffed To Boost Profits

A man, who filed a lawsuit against a San Luis Obispo nursing home, is alleging that owners understaffed their facility to save money thereby causing the death of his mother who took a fall and died of pneumonia when she was a resident there. According to a news report in the San Luis Obispo Tribune, Jay Cameron reportedly filed the suit against Compass Health, a company that owns six local facilities. The lawsuit alleges that the home committed elder abuse, fraud, wrongful death, negligence and violated patient’s rights, the Tribune reports.

But an attorney for the nursing home denies any abuse or negligence. He says the woman was 97 years old after all and maybe she broke her hip just because she was weak and old. This is exactly how he was quoted in the newspaper: “When you’re 97 years old there is no way to guarantee that people don’t fall, if that’s what did happen.” Isn’t that why families entrust their loved ones to people they believe are professionals? Isn’t that exactly the reason why this facility should be held accountable more than anyone else?

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January 29, 2008

High Court Rulings Could Shield Big Corporations From Product Liability Lawsuits

If the U.S. Supreme Court decides to uphold two lower court rulings, it would provide immunity from product liability lawsuits to major corporations including cigarette and drug companies and auto manufacturers. According to this article, the cases in question particularly involve lawsuits over Philip Morris’ so-called “light” cigarettes and injuries caused by Wyeth’s Phenergan, a nausea medication which caused a Vermont woman’s arm to be amputated after she was injected with it.

What happens if the Supreme Court decides in favor of these giant corporations? Thousands of people suing over serious injuries and deaths caused by defective drugs, lead-tainted toys, deceptive advertising and defective auto products, will lose the right to have their cases heard in court.

We hope the U.S. Supreme Court will think long and hard about these cases and decide to rule in favor of the consumers. A decision for the corporations will seriously hurt consumers and their rights. If the high court rules in favor of the companies, they will get the immunity from litigation that they have long dreamed of. As long as they can pay their high-priced and high-powered lobbyists to convince governmental regulatory agencies to approve their products, they would be free of any liability to consumers. And that would hold true irrespective of what they knew or should have known about the faulty products or the harm done.

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January 28, 2008

Motorist’s Illegal U-Turn Kills Motorcyclist in Fatal San Diego Crash

A 55-year-old motorcyclist was killed after a van driver made an illegal U-turn in his path on a San Diego street, according to a news report on Channel 10’s Web site. Robert Hugh Reed of Sacramento died at the scene from severe injuries he suffered in the crash, the news station reports.

The motorcycle accident occurred at about 4:30 p.m. Saturday in the 3000 block of Valley Road when a 40-year-old woman driving a van reportedly made an illegal U-turn right in front of Reed. The van driver, who has not yet been identified, was not injured in the crash. Officials are still investigating the crash, but the report says they are considering possibly filing vehicular manslaughter charges.

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January 27, 2008

CHP Officer Killed In Off-Duty Freeway Fatal Crash

An off-duty California Highway Patrol officer, who was a 13-year veteran in the force, died last week in a freeway auto accident when his 2001 Chevy Silverado truck veered off the roadway and ejected him from the vehicle. According to an article in the Pasadena Star News, Dale Goddard III, 36, of Chino Hills, was driving from the westbound 210 Freeway to the southbound 15 Freeway.

The truck reportedly drifted to the left, rolled down the embankment and came to rest on the southbound 15 Freeway. Investigators are still looking into what caused the truck to go off the freeway, crash and land on its roof. Alcohol is not believed to have played a role. But investigators believe Goddard was not wearing his seatbelt. His co-workers say they are shocked that the officer, who was vigorously involved in seatbelt enforcement, was not buckled up himself.

We hope the officer’s family makes sure that a thorough investigation is conducted. The officer’s co-workers will probably make sure that happens, but there are certainly a few issues here that would catch the eye of a seasoned personal injury attorney or an auto product defect attorney who looks at this incident. First of all, the question is what caused the officer to lose control of the vehicle? Was there a mechanical defect?

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January 26, 2008

Ontario Couple Whose Son Died in Pedestrian Accident Pushes For Stop Signs At Dangerous Intersection

An Ontario family has started a petition drive to get a four-way stop sign and pedestrian crosswalk at what they say is an unsafe intersection where their 15-year-old son, Paul Roberts, was struck and killed by a car. According to an article in the Inland Valley Daily Bulletin, the family is asking that the city install the stop signs at the intersection of Walnut and Walker avenues in Ontario where the fateful pedestrian accident occurred in November.

The city of Ontario, however, is saying that the particular intersection does not meet state mandates for a stop sign. City officials are saying the most they can do is put up a pedestrian crosswalk and other warning signs at the apparently dangerous intersection. But the deceased teenager’s mother, Yolanda Roberts, says she will be satisfied with nothing less than stop signs.

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January 25, 2008

Fatal Fire In Texas Was Likely Caused By Space Heater, Officials Say

A Santa Fe man reportedly died as his home burned down around him in what fire officials suspect was caused by a defective space heater. According to an article posted in the local ABC news channel’s Web site, 59-year-old Charles “Beau” Britz could not get out of his house after a space heater in the front of his house caught on fire as Britz and his 29-year-old son slept inside.

The son, Robert, who was the first to notice the fire, broke his hand trying to get out of the intense flames. His father however died near the front windows where the flames were out of control, the news channel reports. The entire Santa Fe neighborhood is in shock after the sudden and tragic death of a person they say was a friendly and amiable neighbor and good friend.

According to the report, the Houston Fire Department sees 100 fires each year that are caused by defective space heaters and furnaces. Officials are warning people during this peak winter season that heaters should be kept on the floor at least three feat away from the walls, furniture or any other material that may cause or fuel a fire.

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January 24, 2008

University Realizes Mistake After Wrestler Dies In 15-Passenger Van Crash

Last week, college wrestler Broc Pigorch and his team were on their way to participate in a tournament in Iowa. Pigorch never made it because, as officials would announce later, the team was riding in one of the most dangerous vehicles still plying our roadways – the 15-passenger van.

According to an article posted on a local TV news channel’s Web site, the team was traveling in a 15-passenger van when they swerved to avoid hitting a car that suddenly braked. Now, other athletic teams are wondering if they are taking a risk by putting their teams in one of these vans, which has been well-known among safety experts as “a death trap on wheels.” Well, all these college coaches can stop wondering because – yes, 15-passenger vans are big-time death traps!

This tragedy was probably overlooked by national news media because it happened around the same time when seven members of a basketball team and their teacher died when their 15-passenger Ford van crashed on an icy Canadian freeway. These vans are unstable, badly designed and simply dangerous. They should not be on the road in the first place.

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January 23, 2008

A Really Good Way To Be Prepared For An Emergency

Here’s one thing most of us don’t think about – if we get into a horrible auto accident or suffer serious injuries at work or elsewhere, will our loved ones be able to get to us at a reasonable time. With cell phones in our pockets and purses, most of us think: “Yeah, sure!”

But think again. Is there a phone number in your cell phone that tells a complete stranger whom to call in case of an emergency? What if you are completely incapacitated after a major accident? What if you need emergency surgery? These disturbing questions are piquing Americans’ interest in what is called the In Case of Emergency or ICE campaign.

The ICE campaign started in the United Kingdom when British paramedic Bob Brotchie came up with the idea of asking cell phone users to input an entry into their cell phonebook called ICE, which stands for “in case of emergency.” Accompanying the letters “ICE” would be the name and phone numbers of the person who should be called if something were to happen to the owner of the cell phone.

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January 22, 2008

Accident Reconstruction Is Vital In Auto Accident Cases

Accident investigations can make or break an auto accident case. And every day, we see examples of incidents where initial incident reports are proved to be wrong and other facts emerge and surface as an investigation into an auto accident progresses.

Take for example this horrific fatal accident that left four people dead near the Pala Casino. California Highway Patrol officials now say the 24-year-old man, Anthony Boles, who they first said was the driver and had drugs in his possession, didn’t do it. Last week, they arrested 23-year-old Deanna Fridley charging her with four counts of vehicular manslaughter and driving under the influence of alcohol. Fridley is still recovering from her injuries and is hospitalized.

But the thing is, it took CHP officials a little over a month to figure out the facts of this case and said they issued the name of the wrong person as driver of the GMC Yukon that slammed into a Toyota Camry 3 miles away from the casino. The Yukon reportedly hit a guard rail and then veered off into the opposing lane colliding with the Camry head-on, killing all four people inside that car. Jesus De Santiago, 45, and Lina De Santiago, 46, of Escondido, and Rubi Baez, 46, and Luis Baez, 51, of Vista – all died in the crash. Both Fridley and Boles deny driving the SUV, but investigators now have a video tape from the casino’s parking lot showing Fridley getting behind the wheel and driving off.

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January 21, 2008

Orange County Woman Killed In ATV Accident

A 21-year-old Fullerton woman reportedly died when she was thrown off her all-terrain vehicle when she was riding in San Bernardino county north of Barstow, according to an article in The Orange County Register. Amanda Jane Simon was killed when she was ejected from her ATV. The vehicle then landed on her head and ran over her, the newspaper reported.

Although Simon was using safety equipment when she was riding the ATV, it didn’t do much to save her life because of the severity of the ATV crash and her serious head injuries. In fact, investigators say she died instantly on the first impact.

It is always tragic when a young life is snuffed out in an unfortunate accident such as this. Simon, for example, was a woman who was full of life. She was interested in getting a veterinary degree, was already working in a pet kennel in Yorba Linda and was about to get married later this month, the Register reported. Simon and her fiancé, Billy Paquette, reportedly often rode ATVs in the area where this accident occurred.

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January 20, 2008

Woman Severely Injured After Her Car Was Rear-Ended By Tow Truck

A 21-year-old Orange County woman was left in critical condition after a tow truck reportedly hit the car she was driving from behind, according to a report in the Mission Viejo Dispatch. According to the news report, the 1995 Nissan Sentra was struck from behind by the tow truck after which the Sentra was pushed into another car, a Ford Taurus, which was stopped in front.

The report says that the 23-year-old tow truck driver, an Orange resident, failed to notice the slowing car for some unknown reason. The silver lining in this accident – a 1-year-old child placed in a car seat and sitting in the rear of the Sentra survived the crash without any injuries. Officials say the car seat saved her life.

This is certainly not the first rear-end crash on the I-5 in Mission Viejo recently. Last May, three young children died when a big rig, loaded with electronic equipment, plowed into their family’s minivan from behind because the driver was unable to stop.

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January 19, 2008

Boy Suffers Severe Head Injuries In Costa Mesa DUI Crash

A 6-year-old Costa Mesa boy suffered critical head injuries after a three-car accident on the 55 Freeway that officials say was caused by a drunk driver. According to a news report in the Daily Pilot, 34-year-old Morgan T. Webster of Newport Beach was arrested on suspicion of driving under the influence of alcohol.

The boy, whose name was not released because of his age and condition, was traveling north on the 55 with three other children and three adults in a 2000 Mazda when a Mercedes Benz slowed down in front of them. The driver of the Mazda hit the brakes and steered toward the center divider to avoid hitting the car, but the Volkswagen driven by Webster, which was behind the Mazda, did not stop in time and ended up crashing into the back of the Mazda and then into the Mercedes before flipping over, CHP officials told the newspaper.

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January 18, 2008

Santa Clarita Bus Crash Kills One, Injures Six

A 25-year-old woman, who reportedly was possibly talking on her cell phone and not wearing a seatbelt, was killed when a public bus carrying school students crashed into the sedan she was driving, also injuring six students on the bus, according to a news report in the Los Angeles Daily News.

The Santa Clarita Transit Bus was carrying 15 passengers including junior high and high school students, officials told the newspaper. The bus driver and one student had to be transported to a local hospital, according to another Associated Press news report. Four other children were reportedly treated at the scene for minor injuries. The children on the bus were students from West Ranch High School and Rancho Pico Jr. High School, the Daily News reported.

The woman driver, whose name has not yet been released, was driving a Toyota Camry.
According to California Highway Patrol officials, the bus was headed south on The Old Road and the Camry was traveling east on Constitution near the Santa Clarita marketplace when the bus crash occurred. The driver’s side of the Camry was completely smashed in and the front of the bus reportedly rested on a concrete median.

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January 17, 2008

Driver in Fatal California Bicycle Accident Gets No Criminal Charges

The Shasta County District Attorney has decided not to file charges in the fatal bicycle accident case where a bicyclist was struck and killed by a car on Highway 299 in Redding two months ago. According to a news article in the Redding Record Searchlight, Sherry Mann, 58 was riding her bicycle east on the highway when Morgan Watkins, 21, drifted over to the shoulder and hit Mann while reaching into the back seat to get a baby bottle.

But district attorney’s officials have decided against filing criminal charges against Watkins because they say there is little or no physical evidence in the case and no eyewitnesses. It also seems as if Mann’s husband influenced the DA’s decision not to try Watkins on misdemeanor vehicular manslaughter charges. Officials say that without specific evidence about where the impact occurred, it is tough to prove beyond a reasonable doubt that Watkins drifted over the fog line and hit Mann.

The DA’s decision has local bicyclists worried and angry. Of course, it is disturbing to many when a life is lost and the person who apparently caused the death walks away from it, uninjured and without facing any consequences. But Mann’s husband, Russell, told the newspaper that he doesn’t believe the driver deliberately hit his wife and that she probably paid a hefty price for a small mistake. He says he doesn’t believe her mistake warranted a criminal charge.

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January 16, 2008

Pedestrian Struck and Killed By Ontario Airport Sweeper Truck

A 20-year-old pedestrian died after she was hit by a maintenance sweeper truck at the Ontario International Airport while she was walking across a marked crosswalk. According to an article in the Inland Valley Daily Bulletin, the Ford Dually being driven by an airport employee was traveling at 15 miles an hour, southbound on the rental car lane when it struck Reyna Rivera of Madison, Wisconsin.

Rivera was air-lifted to the Loma Linda University Medical Center, where she died of her injuries, according the San Bernardino County Coroner’s report. The newspaper reports that the airport is investigating the accident to see if their employee was responsible for the fatal accident. Apparently, there were witnesses who saw it happen. The truck driver was released.

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January 15, 2008

E. Coli Beef Recall, One California Consumer Reports Illness

A Minnesota meat packer has recalled close to 188,000 pounds of ground beef patties and other meat products because officials believe the beef could be contaminated with dangerous E. Coli bacteria, according to an MSNBC news report. Rochester Meat Co. reportedly issued the recall after five people reported becoming ill in Wisconsin and one person became sick in California after consuming the tainted products.

The U.S. Department of Agriculture issued a warning stating the meat may be contaminated with a strain of bacteria – E. Coli 0157:H7, which can be potentially deadly. Common symptoms of this disease include diarrhea and dehydration. Those who are most prone to being seriously affected are the very young and senior citizens.

The tainted meat was reportedly manufactured Oct. 30 and Nov. 6. It was sent to distributors nationwide and the meat could have been used by restaurants and food service institutions around the country. It was however not sold by retailers, USDA officials said.

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January 14, 2008

Thousands of BMW Owners Worried About Defective Airbags In their Vehicles

Federal investigators are looking into reports of front passenger seat airbag failures in about 330,000 BMW cars and SUV’s, the consumer watchdog Web site, Consumeraffairs.com reports. http://www.consumeraffairs.com/news04/2008/01/nhtsa_bmw_airbags.html In fact, the National Highway Traffic Safety Administration’s (NHTSA) Office of Defect Investigation is reporting that the BMW vehicles’ front airbags may be defective rendering them ineffective during a crash.

The models that are part of this investigation include 2004 to 2006 BMW 5 and 7 series sedans, Z4 convertibles and X3 SUVs, as well as 2006 BMW 3 and 6 series cars and X5 SUVs. So far, federal safety regulators have received 729 reports about this malfunction from owner and 23,739 warranty claims for the faulty airbags in these vehicles, the Web site reports.

Readers from all over the country have reported to Consumeraffairs.com about the problem. One person reported that his 2003 BMW 352i got broadsided by a red light runner at 45 mph and the air bags still did not deploy. Another reader says that the air bags didn’t even work in a frontal collision which occurred at a speed of 30 mph. Yet another man reported that his BMW hit a concrete light pole and caused $10,000 in damages to his car and the airbags did not deploy. That reader also complained that BMW is not taking responsibility for the vehicle defects.

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January 14, 2008

15-Passenger Van Accident Kills 7 Students and 1 Teacher In Canada

Canadian officials are investigating a tragic 15-passenger van crash that killed eight out of 12 people in the vehicle -- seven members of a high school basketball team and their teacher. According to a news article in Canada’s CBC News, the Ford Club wagon fishtailed and collided with a big rig Saturday when the Bathurst High School team was returning home from a game.

Another CBC News article also points out that the Ford van, which was traveling on a snowed-on highway, was not fitted with snow tires, but regular or all-season tires. Transport Canada, a national regulatory agency, is not only investigating the accident, but also reviewing the idea of creating a new classification for 15-passenger vans, that will include tougher safety standards, CBC reported.

A public funeral is being planned for the seven students. According to a Sports Illustrated article, all of the deceased students were between 15 and 18 years of age. Most were ejected from the vehicle and pronounced dead on the scene. Four people, who were injured, including the driver who was the team’s coach, are expected to recover, the article stated.

It is indeed tragic that these 15-passenger vans, which have long been deemed dangerous are still being used to transport small groups. These vans are nothing but “death traps on wheels.” Our lead trial attorney, Brian Chase, rightly points out in a TV interview