Washington Personal Injury Lawyer & Attorney : Regan Zambri & Long Law Firm : DC Metro Area Personal Injury Law Blog

Posted by: Salvatore J. Zambri, founding partner

It's official!  It is illegal for commercial drivers, including truck and bus drivers, to operate vehicles while text-messaging.  "In 2008, nearly 6,000 people died in accidents related to distracted drivers, and more than half-a-million were injured," according to CBSnews.com.  Transportation Secretary Ray LaHood previously announced, "We're gonna set the highest bar possible. ... Any distraction that takes two hands off the wheel and eyes off the windshield should not be allowed."  The law prohibiting text messaging by commercial drivers took effect today.  

I applaud the law, but wonder if it is enough.  The penalty for an infraction is a fine up to  $2,750.  Unfortunately, it is a law difficult to enforce, as it is hard to catch someone driving while texting.  Often, whether a driver was texting while driving is not determined until it's too late--after an automobile collision that causes serious injury or death. 

Each year I give presentations at local schools to teen drivers and their parents about the dangers of distracted driving.  One thing I preach is the need for a cultural change.  Too many parents text and use cell phones while driving.  Their children see this conduct and accept the behavior as safe.  It certainly is not.  Parents need to set better examples.  Passengers also need to take control of dangerous situations.  If you are a passenger and see the driver texting or using a cell phone demand that the driver pull over or stop engaging in distracted driving.  It is your life after all.  Don't risk it.

Travel safely.

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Posted by: Salvatore J. Zambri, founding partner

The National Safety Council (NSC) announced today least 28% of all traffic crashes  (translating into at least 1.6 million crashes per year) are caused by drivers texting or using cell phones.  According to its website, "NSC estimates that 1.4 million crashes each year are caused by drivers using cell phones and a minimum of 200,000 additional crashes each year are caused by drivers who are texting. The announcement came on the one-year anniversary of NSC’s call for a ban on all cell phone use and texting while driving."

It is clear that texting while driving is more dangerous than driving while using a cell phone. However, so far, many more people use the cell phone while driving than text while behind teh wheel.  That is why there are more crashes caused by cell phone use.  However, as the NSC acknowledges, texting while driving has reached crisis levels too.

"This new estimate provides critical data for legislators, business leaders and individuals to evaluate the threat and need for legislation, business policies and personal actions to prevent cell phone use and texting while driving," said Janet Froetscher, president & CEO of the National Safety Council. "There was great progress made in 2009, particularly regarding a broad recognition that texting is dangerous. We now need the same broad consensus that recognizes cell phone use while driving causes even more crashes.” 

Support for laws banning cell phone use while driving is gaining momentum.   I understand the need to be able to communicate.  However, lives are at stake.  Never text while driving.  If you need to use your phone, pull off the road or be sure to at least use your phone in hands-free mode.

Remember, all it takes is a moment of distracted driving to cause a serious, life-altering collision.

Travel safe.

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 Posted by: Salvatore J. Zambri, founding partner

Advocates for Highway and Auto Safety, a nonprofit advocacy group, has rated Virginia one of the worst states in the nation in highway safety, according to the Washington Post.  "This year, Maryland and the District were among the dozen 'green' (relatively safe) states. Thirty others were rated yellow (less safe), and Virginia descended into the red (least safe) zone."

According to the article, the group rates states based upon a wide variety of criteria, including the following factors: "mandatory motorcycle helmets, stricter seat-belt enforcement, open container bans, tougher drunken driving laws. But in the upcoming legislative sessions, it also will push for enforceable bans on text messaging and for graduated licensing for teenage drivers." a

Although no state has all of the safety laws the advocacy group recommends, Virginia lacks some crucial ones, including laws requiring blood-alcohol testing in fatal automobile collisions, banning open containers in vehicles, "mandating use of an ignition locking device that keeps people convicted of drunken driving from driving drunk again, and requiring applicants to be 16 before obtaining a learner's permit."

The District was given the highest national rating by the group, and has nearly all of the safety-laws recommended by the group in effect.  Maryland fairs well in the ranking system, but needs to focus more on "nighttime restrictions on teen drivers, mandatory use of an ignition interlock for all offenders and blood-alcohol testing for drivers who die in accidents, not just those who survive," according to the Post.

Driving laws should be strong oin every state in our country.  The absence of stern laws lead to serious injuries and death.  Encourage your legislators to promote sate driving laws to protect all drivers and pedestrians on or around our community roads.

Travel safely.

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 Posted by: Salvatore J. Zambri, founding partner

In a story appearing on at least 143 news websites, the AP (1/11, Pritchard) reports that recent lab tests have shown "eye-popping levels" of cadmium in children's jewelry. The metal, which has been linked to cancer and weakened kidneys, "is particularly dangerous for children, because growing bodies readily absorb substances, and cadmium accumulates in the kidneys for decades." Recent research has also determined that children exposed to cadmium "were more likely to report learning disabilities," and that it "lowers IQ even more than lead." 

"Just small amounts of chemicals may radically alter development," said Dr. Robert O. Wright, a professor at Harvard University's medical school and school of public health. "I can't even fathom why anyone would allow for even a small amount to be accessible."

MSNBC, reports, "There is no definitive explanation for why children's jewelry manufacturers, virtually all from China in the items tested, are turning to cadmium. But a reasonable double whammy looms: Cadmium prices have plummeted as factories grasp for substitutes now that lead is heavily regulated under the Consumer Product Safety Improvement Act of 2008.

That law set a new, stringent standard for lead in children's products: Only the very smallest amount is permissible — no more than 0.0003 percent of the total content. The statute has led manufacturers to drastically reduce lead in toys and jewelry.

The law also contained the first explicit regulation of cadmium, though the standards are significantly less strict than lead and apply only to painted toys, not jewelry."

According to MSNBC, some of the most dangerously toxic items are "charms sold at Walmart, at the jewelry chain Claire's and at a dollar store. High amounts of cadmium also were detected in 'The Princess and The Frog' movie-themed pendants."

Try to conduct some research before purchasing toys for children.  Even low toxicity levels can cause significant, permanent developmental problems.  Of course, it is difficult, if not impossible at times, to determine how dangerous some products are, so manufacturers need to put people over profits and be sure they products are safe before they enter the marketplace.   Lives are at stake.

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 Posted by: Salvatore J. Zambri, founding partner

PRNewswire-USNewswire reports that "Advocates for Highway and Auto Safety (AHAS) will issue its state-by-state ratings of traffic safety laws" later this month.  And for the first time, the group will analyze restrictions placed on texting while driving--a problem that has reached a crisis level.

In each year over the last ten years, approximately 40,000 Americans were killed and another 2.5 million were injured as a result of  automobile collisions.  That translates into about 110 deaths and 7000 injuries every single day.  Laws vary from state to state, and some laws are simply too weak. 

I represent victims of reckless driving, people who have been tragically injured or killed due to the carelessness of others.  State laws need to harshly punish those who intentional drive without due care for others on the road and those in their cars.  The consequences of reckless driving can be catastrophic.  I see lives and families ruined in a flash because of drunk-driving, texting-while-driving, and other reckless acts behind the wheel.

"The 2010 Roadmap Report on State Highway Safety Laws will grade each state and the District of Columbia on their laws addressing teen driving, distracted driving, drunk driving" and other safety laws, according to the article.  I will participate in the webcast of the report, and will inform you of the results of AHAS's Report Card.  If your state gets a poor grade, fight for change.

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 Posted by: Salvatore J. Zambri, founding partner

Winter is here in full force.  Road conditions get particularly dangerous this time of year.  Accidents and harsh weather conditions can cause drivers to become stranded.  It's a good idea to be sure your car is stocked with supplies that come in handy in emergency situations. Here's a checklist from The Centers for Disease Control and Prevention that you may find useful.

"Car and Emergency Checklist

Prepare your car with emergency supplies.

• Cell phone; portable charger and extra batteries
• Shovel
• Windshield scraper
• Battery-powered radio (and extra batteries)
• Flashlight (and extra batteries)
• Water
• Snack food
• Extra hats, coats, mittens
• Blankets
• Chains or rope
• Tire chains
• Canned compressed air with sealant (emergency tire repair)
• Road salt and sand
• Booster cables
• Emergency flares
• Bright colored flag; help signs
• First aid kit
• Tool kit
• Road maps
• Compass
• Waterproof matches and a can (to melt snow for water)
• Paper towels"

Please be careful when you drive, and try to avoid being on the road during extreme weather.  If caught in an emergency, be prepared.

Safe travels.

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 Posted by: Salvatore J. Zambri, founding partner

All-terrain vehicle are fun, but they can be very dangerous if defective or misused.  According to the Consumer Product Safety Commission, BRP U.S. Inc has recalled several all-terrain vehicles because the "dynamic power steering can fail, resulting in the sudden loss of steering control. This poses a risk of injury or death to riders." 

If you own one of these ATVs, please stop using it immediately, and do not allow anyone access to it.

The following is an itemization of the recalled models:

For additonal information, you can contact BRP toll-free at (888) 638-5397 between 8 a.m. and 6 p.m. ET Monday through Friday, or visit their website: www.can-am.brp.com

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 Posted by: Salvatore J. Zambri, founding partner

Protect children from falling televisions. The AP (12/14) reported, "Studies suggest that the number of children killed or injured by falling television has risen even as more consumers replace their clunky old TVs with lighter flat screens." The CPSC "says more than 80 of the 180 furniture-related deaths from 2000 to 2006 involved televisions. And the number rose over the years."

Here's what you can do:

• place your TV in a location that children cannot reach
• if wall-mounting a TV, have it done professionally, so the TV is secure to the wall
• if in a cabinet, be sure the cabinet is sturdy and cannot tip over
• if on a stand, secure stand to a wall or the ground, and be sure TV is secured to stand

Read instructions carefully if putting together a stand, wall-mount, cabinet, etc.  If parts are missing or damages, don't use product. 

Be safe.

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 Posted by: Salvatore J. Zambri, founding partner

According to the FDA, "Unilever United States, Inc., in cooperation with the U.S. Food and Drug Administration (FDA), is conducting a nationwide voluntary recall of all Slim-Fast® ready-to-drink (RTD) products in cans, due to the possibility of contamination with Bacillus cereus, a micro-organism, which may cause diarrhea and possibly nausea and/or vomiting."

"The recall involves all Slim-Fast® RTD products in cans, regardless of flavor, Best-By date, lot code or UPC number."  Therefore, please do not use any of these products. 

If you have purchased Slim-Fast ready-to-drink products in cans, you are urged to throw them out immediately.  You are also encouraged to contact the company at 1-800-896-9479 for a full refund.

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